The Operation of the Initiative Referendum And Recall in Oregon

Cover The Operation of the Initiative Referendum And Recall in Oregon
The Operation of the Initiative Referendum And Recall in Oregon
James Duff Barnett
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55, pp. 303, 308 (1910). "The limitations expressed in the constitution, on the powers of the general assembly to enact laws, shall be deemed limitations on the power of the people to enact laws. " Ohio Constitution, art. 2, sec. I (1912).
180 Direct Legislation and Stability of Government 181 matters the restrictions apply only to action by the assembly. 1 But it is evident that this technical limitation can easily be evaded. "Under the system now prevailing, a clause of the organic act appear
...s to control only the legislative assembly, since it requires no more effort nor any greater care to amend a clause of the constitution than it does to enact, alter, or repeal a statute, for a majority vote is sufficient to give sanction to a bill, and no greater vote is required to amend the fundamental law. ... As a majority vote of the qualified electors by an exercise of the initiative power can enact a statute, they can, by giving such a law an appropriate article and section and en- titling it an amendment of the constitution, make it a part of the fundamental law and render the supposed stability of the organic act subject to sudden and serious changes.

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