From the Los Angeles Times, June 6, 1976
Initiative Voting Spreads
By Neal Peirce
Los Angeles. –
The initiative form of people’s law writing, praised by some as the purest form
of democracy and damned by others as the devil’s handiwork, receives an acid
test Tuesday as California voters decide on a controversial nuclear power plant
initiative.
The California
vote takes on national significance because it is only the tip of the iceberg
of a carefully orchestrated movement to place nuclear safeguard initiatives on
the ballots of all 21 states where initiatives are authorized.
The movement
points up a nationwide effort to expand the initiative to other states, and
indeed to amend the Constitution to make initiatives possible on a. national
scale. Under initiatives, citizen signatures on petitions can force a. popular
vote on a proposed law or constitutional change.
Nuclear safety
Initiatives similar to the California measure have already qualified for the
ballot in Colorado and Oregon in November. Active campaigns to qualify such
measures by fall are also underway in eight other states— Arizona, Michigan,
Missouri,. Montana, North Dakota, Ohio, Oklahoma and Washington.
Chief sponsors
of the nuclear initiatives—the Ralph Nader organization and the People’s Lobby
in California—warn of catastrophic meltdowns of nuclear reactors, spewing
radioactive material that contaminates and kills. Government and the nuclear
industry, they allege, have tried to hide the immense risks. The time has come,
they argue, for the public to take the issue Into Its own hands.
Nuclear
proponents, including government, labor and utilities, say there has been no
“major” accident at any atomic power plant, and sophisticated safety systems
guard against accidents. Prohibitive safeguard costs required by the California
initiative, they say, would even cause shutdowns of existing nuclear power
plants vital to the state’s energy supply.
But is the
initiative the right way to solve such issues? One public management expert,
William Boyd of the National Municipal League, thinks not: “Is it really wise
for the voters to have hideously technical subjects, that have emotional
overtones, put before them ?“ The average voter, Boyd adds, gives relatively
little thought to the issues involved and listens only to the propaganda.
The very idea
of popular initiatives—whether technical or not—has been controversial since
the first initiative laws were passed, around the turn of the century. They
have always been most popular in the West—Oregon, Washing. ton, arid
preeminently California. Hiram Johnson, the illustrious Progressive, campaigned
to break the Southern Pacific’s corrupt stranglehold on California government
and wrote the Initiative, along with popular referenda on laws and recall of officials, Into the state constitution in 1911.
By 1974, 157
initiatives had been submitted to California voters—44 of them approved. The
subject matter has been of infinite variety: prohibition, prize fighting,
compulsory vaccination, the “Ham & Eggs” pension plan of the 30s; “right to
work” in the ‘50s; fair housing, pay television and anti-obscenity measures in
the 1960s.
Ronald
Reagan’s cherished plan to restrain all future budget and tax in. creases went
down in 1973. But two important initiatives did pass in 1972 and
1974—California’s coastal protection plan and sweeping controls on campaign
spending and lobbies.
Critics charge
that initiatives undercut representative government by taking lawmaking
responsibility out of the hands of legislators elected to do that job.
Lawmakers are encouraged to pass the buck on controversial issues. Through
emotional and misleading advertising, well-heeled special interest groups can
hoodwink a naive electorate. Initiatives leave no room for the give and take of
legislative debate, for compromise that can result in more workable laws.
Advocates of
the initiative turn all the same arguments around. The people must have a check
on lobby-dominated legislatures, they say, a “safety valve” when legislators ignore the public will. The mere
threat of an initiative often makes a legislature more responsive and
accountable. Citizens can write laws directly, free of the threat of crippling
legislative amendments. initiative campaigns, backers say, air critical issues
and arouse voter interest in government.
Pros and cons
aside, the initiative process is now getting a major boost on a state and
national basis. Ralph Nader’s organization has taken up the cause. In Nader’s
words, “The revival of the initiative, referendum and recall In states which
provide for them and the passage of similar measures In other states would
reduce citizen apathy and quicken Involvement in public policy. It would be the
restoration of excessive delegation of power from the people back to the people
— American style.”
A second group
— self-appointed and astoundingly zealous — is California’s People’s Lobby,
which has gone national as the “Western Bloc” to push nuclear safety
initiatives. The long-term goal: to win authority for initiatives and recalls
in the 29 states that don’t now have them, and to amend the U.S. Constitution
to permit nationwide initiatives and recall votes of Presidents and members of
Congress.
The California
People’s Lobby dates back to the late 1960s, when Ed and Joyce Koupal set up
their initiative “petition factory,” headquartered in their Los Angeles home.
The first victory came in 1974 when they joined with Common Cause to qualify
California’s broad political reform initiative for the ballot—and won.
Ed Koupal died
of cancer last March. Joyce Koupal is carrying on time Peoples Lobby/Western
Bloc push for a national Initiative. The Nader organization lends more
significant muscle. Regardless of who campaigns for the initiative concept,
they seem likely to pick up more followers arid more support—simply because of
the crescendo of public distrust of government and of elected leaders
documented in every national opinion pci1.
Time movement
parallels efforts in the Progressive era of the first two decades of this
century, when corruption, chicanery and unsavory lobbying discredited
legislatures. Reformers seized on the initiatives and referendum— a theory of
“every man his own legislature” — to correct the evils. In a few years, the
Progressive movement had spent itself—but left reform statutes on the law books
from coast to coast.
Today’s
movement may leave its mark, too. A national initiative amendment would be
exceedingly difficult to write Into the Constitution. But more states may adopt
the initiative, and politicians can brace themselves for a disquieting era of
the people taking lawmaking into their own bands.