in order to be effective must
not deal merely with details and expedients. It must be as radical as
are the existing disorganization and abuses. It must be founded on a
different relation between the executive and legislative branches and a
wholly different conception of the function of a state legislative body.
The demand for some such reorganization has already become popular,
particularly in the West. A generation or more ago the makers of new
state constitutions, being confronted by palpable proofs of the
inefficiency and corruption of the state governments, sought to provide
a remedy chiefly by limiting the power of the legislature. All sorts of
important details, which would have formerly been left to legislative
action, were incorporated in the fundamental law; and in the same spirit
severe restrictions were imposed on legislative procedure, designed to
prevent the most flagrant existing abuses. These prudential measures
have not served to improve the legislative output, and the reformers are
now crying for more drastic remedies. In the West the tendency is to
transfer legislative authority from a representative body directly to
the people. A movement in favor of the initiative and the referendum is
gaining so much headway, that in all probability it will spread
throughout the country much as the Australian ballot did over a decade
ago. But the adoption of the initiative and the referendum substitutes a
new principle for the one which has hitherto underlain American local
institutions. Representative government is either abandoned thereby or
very much restricted; and direct government, so far as possible, is
substituted for it. Such a fundamental principle and tradition as that
of representation should not be thrown away, unless the change can be
justified by a specific, comprehensive, and conclusive analysis of the
causes of the failure of the state governments.
The analysis upon which the advocates of the initiative and the
referendum base their reform has the merit of being obvious. American
legislatures have betrayed the interests of their constituents, and have
been systematically passing laws for the benefit of corrupt and special
interests. The people must consequently take back the trust, which has
been delegated to representative bodies. They must resume at least the
power to initiate the legislation they want; and no law dealing with a
really important subject should be passed without their direct co
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