DOCSLIB.ORG

Democracy - the Inevitable Concretization of the Inequality Principle

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Democracy - the Inevitable Concretization of the Inequality Principle Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-2, 2017 ISSN: 2454-1362, http://www.onlinejournal.in Democracy - The Inevitable Concretization of the Inequality Principle Bruno Ferreira Costa University of Beira Interior, Communication, Philosophy and Humanities Research Unit (LABCOM.IFP - UBI) Abstract: The problematic of representation and regime in which they are inserted, as well as the the government system in the western democracies possibilities available to citizens to manage this leads us to revisit the concept of democracy, participation. It is also clear that under such seeking to understand their relevance in the current perspective we cannot neglect the political, social, debate on the potential action of individuals in economic and historical context in which public life in a period where electoral abstention democracy "sets in" or "imposes itself". Each rates reach record levels. context is determinant for the assimilation of the After a period of considerable consolidation of democratic principles and for the evaluation of the democratic ideals, as well as the implementation of transformation of any regime. democracy regime in several countries mainly in the Western world and during the second half of We begin this analysis with the most consensual the 21st century, the debate focus on the question of perspective, the etymological origin of the word the quality of democracy. However, the need to “democracy”, according to its Greek roots (Finley, revisit the concept arises from the perspective of 1988), which leads us to resort to the classics for a the establishment of distinct models of democracy, first approach to its surroundings. In fact, in an as well as the observation that in a growing initial perspective it’s important to decode its number of countries some democratic principles meaning: demos = people and kratos = power, that have been questioned. is, democracy means “both the government of the According to this perspective, we set off for a people and the government of a certain people” historical framework covering the key elements of (Hermet et al., 2014: 74). This distinction assumes democracy and its functioning in the contemporary a very relevant role in the context of the tasks societies. Can we definitely assume the democracy assigned to the democratic regime, the affirmation as an inequality system? of the sovereignty principle and the question of the legitimacy in the exercise of the political power. Keywords – Democracy, Political Participation; Citizenship; Western Society; Inequality In the first case (government of the people), one sees a principle of direct governance (people's 1. Revisiting the concept and origins of government), while in the second case (government of a certain people) the principle of governance by democracy legitimation / representation is in force. The challenge of going through the study of the The regime dates back to the VI century b.C., democracy concept becomes a difficult and vicious having been implemented by Cleisthene (Finley, task, not only because of the numerous historical 1988 and Filho, 2001) [1], although Pericles was references to democracy and the process of given the driving force behind a set of reforms of globalization of this kind of regime across the the political system that led to the recognition of a world, but also due to the need of a clear distinction series of principles of equality, namely the between the etymological interpretation of the word possibility of grouping classes without any kind of of the practical exercise of the democracy. It`s clear discrimination or hierarchies based on wealth or that this point led us to a dichotomy between what family ancestry (some of the key aspects in a global democracy proclaims to be and what it actually and equal society). represents, a dichotomy between the ideal system and the possible political system. Basing our perspective in the own words of Pericles cited by Thucydides in the Peloponnesian In this sense, we consider that it is not possible to War Book (in Schilling, 1999:10) to describe the carry out any analysis of the functioning of the regime it`s possible to observe some arguments that political system and the mechanisms for citizens’ are still valid in the contemporary societies: participation, without first understanding the Imperial Journal of Interdisciplinary Research (IJIR) Page 1619 Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-2, 2017 ISSN: 2454-1362, http://www.onlinejournal.in We live in the form of a government that is not In other words, since it is not possible to deny the based on the institutions of our neighbors; on the influence of Athenian democracy in the delineation contrary, we serve as a model to some rather than of the structure of the State, it is verified that "the imitate others. Its name, as all that depends not of legacy has not succeeded until today that the real few but of the majority, is the democracy. and the rational coincide, but remains as a heritage of the West this dialectical polarity between This premise of democracy is a clear recognition of thought and Action "(idem, ibid), between the real the citizens equality, and the regime was based on and the thought about the real, since the what Montesquieu would later call the separation presuppositions of democracy, in their fullness, are, of powers between the legislative system, the in our view, unattainable. executive system and the judicial system (Richter, 1977). Although there was a demand for direct In spite of this consideration, the undeniable legacy democracy (perceived as an ideal political model), around the various areas of action and promotion of that is, based on the participation of all citizens, equality is visible in a series of words that have Athenian democracy presented a set of limitations, reached the present day, such as: Isonomy (equality some identified by Plato himself when he presented before the law); Isotomy (equality of honors); the Republic (Politeia), as the virtuous regime, as Isopoliteia (equal political rights); Isocracy opposed to bad regimes, in a clear structuring of the (equality of political power); Isopsephia (equality laws that govern the city (Rancière, 2004). in suffrage); Isogoria (equality of the right to speak); Isoteleia (tributary equality); Isomoinia Therefore, the aristocracy or the mixed regime (equal participation); Isokleria (equality of assumed, in the eyes of Plato, as the best form of property) and isodaimonia (equality of fortune) government, giving space for the affirmation of the (Moreira, 2003: 388). best ones on the masses. This perspective is in line with some aspects that can be defined as the In all this words we found a common denominator, meritocracy, the problem is that the natural choice “isos”, which directly refers precisely to the notion of the fittest did not obey any desirable criteria of of “equality”, although, as we mentioned earlier, merit. the concept of citizenship at the time resided in an assumption of inequality. However, these However, it should be noted that "the democratic fundamental principles would be reflected in the concept of Pericles is far from being universal, it is constitution of the modern democracies, by rather Athenian, restricted, particular, of the city. ensuring their implementation in the drafting of Just as the ideal democratic contradiction of the their respective constitutions. Even in the modern great powers of today has been fully compatible democracies it is observed some attempts to return with the nature of the state in movement" (Moreira, to a kind of direct democracy through the 2003: 381). That is, the contextual question is realization of referendums. decisive to avoid entering a criticism devoid of historical basis. If there is no ideal political system, In another scope of the creation of the basis of we cannot advocate the emergence of an ideal democracy, Alexis de Tocqueville (ed. 2012) model of democracy. So, it is possible to delineate contributed, when in the 19th century he published an adequate model according to the context and the book “From Democracy in America”, in a clear peoples` characteristics, but the same model could compliment to the equality of conditions and the represent a civilizational retrogression in other principles of democracy in the United States. societies [3]. Tocqueville emphasizes the contextual and historical scenario in the United States history to For this reason, the citizens represented a minority explain the difference between the regimes in of the individuals residing in the city, excluding Europe (mainly in his home country – France) and women [4], as well as the political participation of the new American structure. It is clear that "the the foreigners residing in Athens (metics). circumstances that accompanied the democracy However, from our point of view, the birth in America and helped in its development had impracticability of democracy (in its fullness a significant importance in the country history and consideration) was also based on other aspects, evolution (idem: 36). such as the practice of ostracism for those who challenge the democratic regime, as well as the fact In other words, democracy is valued as an ideal that Athenian society was a slave society, with regime for the government of the people, and it is slaves being considered objects, deprived of any defended that democracy designates a mode of rights [5]. organization of political power whose legitimacy requires that it fully recognize the primacy of popular sovereignty and that it assumes as a real Imperial Journal of Interdisciplinary Research (IJIR) Page 1620 Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-2, 2017 ISSN: 2454-1362, http://www.onlinejournal.in goal its effective arrangement. Democracy is ideal model, being common the recourse to the always based on a delegation of power to speech given by Winston Churchill, in the House of specialized personnel through regular, competitive the Commons in 1947: and unencumbered elections in certain sectors.
Load more

Recommended publications
  • There Were a Couple of Typographical Errors in the the Submission
    Submission 906 From: To: LSIC Subject: Re: Submission of the Isocracy Network Inc., to the Legal and Social Issues Committee of the Victorian Parliament Concerning End of Life Choices Date: Sunday, 30 August 2015 4:37:28 PM There were a couple of typographical errors in the the submission. Could they be replaced with the following? Thank you in advance, -- Lev Lafayette, BA (Hons), GradCertTerAdEd (Murdoch), GradCertPM, MBA (Tech Mngmnt) (Chifley) mobile: RFC 1855 Netiquette Guidelines http://www.ietf.org/rfc/rfc1855.txt For liberty and commonwealth http://isocracy.org End of Life Choices Submission of the Isocracy, Inc., to the Legal and Social Issues Committee of the Victorian Parliament Concerning End of Life Choices 1. Status of the Submission The Legislative Council has ordered teh Legal and Social Issues Committee to conduct in an inquiry in the need for laws in Victoria to allow citizens to make informed decisions concerning end of life choices. This submission was prepared by Lev Lafayette on behalf of the the Isocracy Network, Inc. ("The Association"). The Isocracy Network is incorporated in the State of Victoria, Number A0054881M. 2. General Position of the Association The Isocracy Network is a body dedicated to evidence-based social and political theory, deriving from liberal, socialist, and anarchist thought. At the Annual General Meeting of the Association on Saturday, 24 November 2012 the Association adopted the following as the first item of its general platform [1]. 1. Personal Liberty. Self-ownership, full and exclusive right and responsibility over oneself for adults of adult-reasoning, and by extension, consensus in participation.
    [Show full text]
  • A Political Companion to Henry David Thoreau
    University of Kentucky UKnowledge Literature in English, North America English Language and Literature 6-11-2009 A Political Companion to Henry David Thoreau Jack Turner University of Washington Click here to let us know how access to this document benefits ou.y Thanks to the University of Kentucky Libraries and the University Press of Kentucky, this book is freely available to current faculty, students, and staff at the University of Kentucky. Find other University of Kentucky Books at uknowledge.uky.edu/upk. For more information, please contact UKnowledge at [email protected]. Recommended Citation Turner, Jack, "A Political Companion to Henry David Thoreau" (2009). Literature in English, North America. 70. https://uknowledge.uky.edu/upk_english_language_and_literature_north_america/70 A Political Companion to Henr y David Thoreau POLITIcaL COMpaNIONS TO GREat AMERIcaN AUthORS Series Editor: Patrick J. Deneen, Georgetown University The Political Companions to Great American Authors series illuminates the complex political thought of the nation’s most celebrated writers from the founding era to the present. The goals of the series are to demonstrate how American political thought is understood and represented by great Ameri- can writers and to describe how our polity’s understanding of fundamental principles such as democracy, equality, freedom, toleration, and fraternity has been influenced by these canonical authors. The series features a broad spectrum of political theorists, philoso- phers, and literary critics and scholars whose work examines classic authors and seeks to explain their continuing influence on American political, social, intellectual, and cultural life. This series reappraises esteemed American authors and evaluates their writings as lasting works of art that continue to inform and guide the American democratic experiment.
    [Show full text]
  • Direct Democracy an Overview of the International IDEA Handbook © International Institute for Democracy and Electoral Assistance 2008
    Direct Democracy An Overview of the International IDEA Handbook © International Institute for Democracy and Electoral Assistance 2008 International IDEA publications are independent of specific national or political interests. Views expressed in this publication do not necessarily represent the views of International IDEA, its Board or its Council members. The map presented in this publication does not imply on the part of the Institute any judgement on the legal status of any territory or the endorsement of such boundaries, nor does the placement or size of any country or territory reflect the political view of the Institute. The map is created for this publication in order to add clarity to the text. Applications for permission to reproduce or translate all or any part of this publication should be made to: International IDEA SE -103 34 Stockholm Sweden International IDEA encourages dissemination of its work and will promptly respond to requests for permission to reproduce or translate its publications. Cover design by: Helena Lunding Map design: Kristina Schollin-Borg Graphic design by: Bulls Graphics AB Printed by: Bulls Graphics AB ISBN: 978-91-85724-54-3 Contents 1. Introduction: the instruments of direct democracy 4 2. When the authorities call a referendum 5 Procedural aspects 9 Timing 10 The ballot text 11 The campaign: organization and regulation 11 Voting qualifications, mechanisms and rules 12 Conclusions 13 3. When citizens take the initiative: design and political considerations 14 Design aspects 15 Restrictions and procedures 16 Conclusions 18 4. Agenda initiatives: when citizens can get a proposal on the legislative agenda 19 Conclusions 21 5.
    [Show full text]
  • Libya Conflict Insight | Feb 2018 | Vol
    ABOUT THE REPORT The purpose of this report is to provide analysis and Libya Conflict recommendations to assist the African Union (AU), Regional Economic Communities (RECs), Member States and Development Partners in decision making and in the implementation of peace and security- related instruments. Insight CONTRIBUTORS Dr. Mesfin Gebremichael (Editor in Chief) Mr. Alagaw Ababu Kifle Ms. Alem Kidane Mr. Hervé Wendyam Ms. Mahlet Fitiwi Ms. Zaharau S. Shariff Situation analysis EDITING, DESIGN & LAYOUT Libya achieved independence from United Nations (UN) trusteeship in 1951 Michelle Mendi Muita (Editor) as an amalgamation of three former Ottoman provinces, Tripolitania, Mikias Yitbarek (Design & Layout) Cyrenaica and Fezzan under the rule of King Mohammed Idris. In 1969, King Idris was deposed in a coup staged by Colonel Muammar Gaddafi. He promptly abolished the monarchy, revoked the constitution, and © 2018 Institute for Peace and Security Studies, established the Libya Arab Republic. By 1977, the Republic was transformed Addis Ababa University. All rights reserved. into the leftist-leaning Great Socialist People's Libyan Arab Jamahiriya. In the 1970s and 1980s, Libya pursued a “deviant foreign policy”, epitomized February 2018 | Vol. 1 by its radical belligerence towards the West and its endorsement of anti- imperialism. In the late 1990s, Libya began to re-normalize its relations with the West, a development that gradually led to its rehabilitation from the CONTENTS status of a pariah, or a “rogue state.” As part of its rapprochement with the Situation analysis 1 West, Libya abandoned its nuclear weapons programme in 2003, resulting Causes of the conflict 2 in the lifting of UN sanctions.
    [Show full text]
  • Liberalism, Marxism and Democratic Theory Revisited: Proposal of a Joint Index of Political and Economic Democracy
    brazilianpoliticalsciencereview ARTICLE Liberalism, Marxism and Democratic Theory Revisited: Proposal of a Joint Index of Political and Economic Democracy Angelo Segrillo Department of History, University of São Paulo Liberalism and Marxism are two schools of thought which have left deep imprints in sociological, political and economic theory. They are usually perceived as opposite, rival approaches. In the field of democracy there is a seemingly in- surmountable rift around the question of political versus economic democracy. Liberals emphasize the former, Marxists the latter. Liberals say that economic democracy is too abstract and fuzzy a concept, therefore one should concentrate on the workings of an objective political democracy. Marxists insist that political democracy without economic democracy is insufficient. The article argues that both propositions are valid and not mutually exclu- sive. It proposes the creation of an operational, quantifiable index of economic democracy that can be used alongside the already existing indexes of political democracy. By using these two indexes jointly, political and economic democracy can be objectively evaluated. Thus, the requirements of both camps are met and maybe a more dialogical approach to democracy can be reached in the debate between liberals and Marxists. The joint index is used to evaluate the levels of economic and political democracy in the transition countries of Eastern Europe. Keywords: democratic theory; transition countries; economic democracy Introduction iberalism and Marxism are two schools of thought which have left deep imprints Lin political, sociological and economic theory. Both have been very fruitful in il- luminating a wide range of common issues across these fields and yet are usually perceived 8 bpsr Liberalism, Marxism and Democratic Theory Revisited: Proposal of a Joint Index of Political and Economic Democracy as opposite, rival approaches contradicting each other in general.
    [Show full text]
  • A Critical and Systematic Analysis of the Democratic Values of Freedom and Equality
    A CRITICAL AND SYSTEMATIC ANALYSIS OF THE DEMOCRATIC VALUES OF FREEDOM AND EQUALITY by SARITA- LOUISE KANT submitted in accordance with the requirements for the degree of DOCTOR OF LITERATURE AND PHILOSOPHY in the subject of POLITICS at the UNIVERSITY OF SOUTH AFRICA PROMOTER: PROF. A.M. FAURE OCTOBER 2009 I declare that: A CRITICAL AND SYSTEMATIC ANALYSIS OF THE DEMOCRATIC VALUES OF FREEDOM AND EQUALITY is my own work and that all the sources that I have used or quoted have been indicated and acknowledged by means of complete references. S-L KANT DATE: i A CRITICAL AND SYSTEMATIC ANALYSIS OF THE DEMOCRATIC VALUES OF FREEDOM AND EQUALITY CONTENTS PAGE NUMBER CHAPTER 1 1 INTRODUCTION 1 1.1 INTRODUCTION 1 1.2 THE PURPOSE OF THE STUDY 2 1.3 SCOPE OF THE STUDY 3 1.4 MOTIVATION FOR THE STUDY 5 1.5 METHODOLOGICAL AND COGNITIVE CONSIDERATIONS INFORMING THE STUDY 7 1.6 STRUCTURE OF THE STUDY 8 1.7 TECHNICAL ASPECTS 10 CHAPTER 2 11 DEMOCRACY 11 2.1 INTRODUCTION 11 2.2 SOURCES OF CONFUSION 12 2.3 THE MEANINGS OF DEMOCRACY 18 2.3.1 Democracy as the rule of or by the people 19 2.3.2 Democracy as a form of government 27 2.3.3 Democracy and the majority principle 28 2.4 DEMOCRACY AS AN IDEAL: THEORY AND PRACTICE 33 2.5 CLASSIFICATIONS OF DEMOCRATIC THEORY 36 ii CONTENTS PAGE NUMBER 2.6 THE DEMOCRATIC VALUES OF FREEDOM AND EQUALITY 39 2.6.1 Freedom 40 2.6.2 Equality 42 2.6.3 Democracy, freedom and equality 45 2.7 CONCLUSION 48 CHAPTER 3 50 FREEDOM 50 3.1 INTRODUCTION 50 3.2 THE COMPLEXITY OF FREEDOM AND SOURCES OF CONFUSION 52 3.3 THE PHILOSOPHICAL
    [Show full text]
  • The Role of Direct Democracy and Federalism in Local Power
    Institute for Empirical Research in Economics University of Zurich Working Paper Series ISSN 1424-0459 Working Paper No. 209 The Role of Direct Democracy and Federalism in Local Power Bruno S. Frey and Alois Stutzer October 2004 THE ROLE OF DIRECT DEMOCRACY AND FEDERALISM IN LOCAL POWER Bruno S. Frey* and Alois Stutzer** (University of Zurich) October, 2004 Prof. Dr. Dr. h.c. mult. Bruno S. Frey Dr. Alois Stutzer Institute for Empirical Research in Economics University of Zurich Bluemlisalpstrasse 10 CH-8006 Zurich Switzerland and CREMA - Center for Research in Economics, Management and the Arts * Phone: +41-44-634 3731, Fax: +41-44-634 4907, E-mail: [email protected] ** Phone: +41-44-634 3729, Fax: +41-44-634 4907, E-mail: [email protected] i The Role of Direct Democracy and Federalism in Local Power Abstract: Alienation to politics weakens political competition and can undermine the acceptance and legitimacy of democracy as a political system. Governance and representation problems at the local level cause part of citizens’ lack of power and political alienation. Citizens have local power if they can influence the political process so that its outcomes are closer to their preferences and if they feel to be effective in the political sphere. In order to increase citizens’ local power, we emphasize the role of institutions of local governance. Local democratic governance is concerned about the relationship between citizens and local government institutions, political representatives and officials. This relationship is fundamentally shaped by the federal structure of a nation’s government and by the scope and depth of citizens’ participation possibilities in the political process.
    [Show full text]
  • Who Rules? Lesson Activities GRAPHIC ORGANIZERS
    Who Rules? Lesson Activities GRAPHIC ORGANIZERS Who Rules? Think About It! What kinds of governments exist? What kinds of leaders can be in charge of a country? Think about everything you’ve ever heard of or learned and add it to this mind map. Types of Governments & Leaders Theocracy can apply to any of these! Where would you put theocracy on this chart? MINI-QUIZ Do You Know Your Forms of Government? A or B? 1. One person is in charge. A B Autocracy Democracy A or B? 2. Citizens often have no rights. A B Democracy Dictatorship A or B? 3. Can exist with other forms of government. A B Dictatorship Theocracy A or B? 4. Led by a king or queen. A B Monarchy Oligarchy A or B? 5. Nobody is in charge. A B Monarchy Anarchy A or B? 6. Those in charge are military members who took over by force. A B Junta Democracy A or B? 7. Leader often shares power with other parts of government. A B Monarchy Dictatorship A or B? 8. Democracy where citizens elect others to serve in government. A B Direct Representative A or B? 9. Citizens vote to elect their leaders. A B Democracy Autocracy A or B? 10. A small group rules the country. A B Oligarchy Democracy A or B? 11. People do not answer to any leader or government. A B Oligarchy Anarchy A or B? 12. God and religious law are the government authority. A B Oligarchy Theocracy A or B? 13. The group with power can be based on race or social class.
    [Show full text]
  • Comparing Forms of Government Table Of
    COMPARING FORMS OF GOVERNMENT SS.7.C.3.1 Compare different forms of government (direct democracy, representative democracy, socialism, communism, monarchy, oligarchy, autocracy). TABLE OF CONTENTS Lesson Summary ...................................................................................................................... 2 Suggested Student Activity Sequence .................................................................................... 3 Student Activity Sheets & Reading Materials ....................................................................... 4 Sources .................................................................................................................................... 14 Answer Keys ........................................................................................................................... 15 Civics Content Vocabulary ................................................................................................... 20 Essential Teacher Content Background Information ........................................................ 21 SS.7.C.3.1 – Updated 3/19 | 1 Lesson Summary Essential Questions What are forms of government? How do they compare to each other? NGSSS Benchmark SS.7.C.3.1 Compare different forms of government (direct democracy, representative democracy, socialism, communism, monarchy, oligarchy, autocracy) Florida Standards LAFS.68.RH.2.4 LAFS.68.WHST.3.8 LAFS.68.WHST.3.9 MAFS.K12.MP.6.1 LAFS.68.WHST.4.10 LAFS.7.SL.1.1 LAFS.7.SL.1.2 LAFS.7.SL.2.4 Overview In this lesson, students
    [Show full text]
  • Civics and General Studies Journal
    Appointment of Good Governance Minister who is responsible DEMOCRATIC PRACTICES IN for among other things for monitoring overall strategy and CHAPTER TANZANIA implementation of ant-corruption measures. The National Anti- 2 corruption Strategy focuses on the need for transparency and accountability in the government. A direct The concept of democracy democracy gives the voting Democracy is a form of government in which population all citizens have an equal say in the decisions the power that affect their lives. Ideally, this includes Conclusions to; change constitutional equal (and more or less direct) participation Problems in governance occur when a government is not only laws, put forth in proposals, development and passage of corrupt, but when it is also inefficient, unresponsive or secretive. initiatives, legislation into law. Essentially, when a government is ineffectual, it is considered to referendums be corrupt. Corruption is fundamentally caused by low wages, and suggestions It comes from the Greek word demokratía poor incentives structure and inefficient system. It is also caused for laws, give binding orders which is a union of two words demos meaning by the desire for unfair advantage and the knowledge that one to elective common people and kratos which means will not be caught or punished for corrupt behavior. officials, such power. Therefore democracy can simply be as revoking defined as the power of the common people. Corruption is not just about ethics, it is also about how them before the government is set up and managed. Parliament and the end of their elected term. There is no specific, universally accepted parliamentarians must oversee the way government works so that definition of ‘democracy’, but equality corrupt behavior is punishable, and opportunities for corruption and freedom both have been identified as are limited through laws.
    [Show full text]
  • 11. Types of Government
    Where would you want to live? Look at the types of governments below. Next to each type is a brief description of what it is. Types of government Monarchy: A country ruled by a King or Queen Anarchy/Mob Rule: No government, no laws, state of nature. Direct Democracy: Everyone has a say in the Representative Democracy: Choose people to government speak in your behalf Read the statements below. From the statements determine which type of government it is referring to and then circle whether the statement is a pro (positive) or a con (negative) example government pro or con A. One person makes all the decisions, so decisions can be made quickly and easily; you always know who is making the rules so you know who to go to for help; the King isn’t elected, so there are no bitter political battles B. This is a big country with lots of issues, and people would spend all their time voting. If the majority didn’t like an unpopular group, that group could be treated unfairly. C. People get to do whatever they want. There is maximum freedom D. One person makes all the decisions. A bad ruler could hurt a lot of people. E. Unpopular groups could still be treated unfairly. Might give the representatives too much power. The representatives might not do what the people want them to do. F. Everyone gets a say on everything; people are more in control; if people disagree, they will talk to each other and try to work things out or convince each other to vote their way.
    [Show full text]
  • Brief Amici Curiae of Initiative and Referendum
    No. 19-974 IN THE Supreme Court of the United States WILLIAM T. SCHMITT, CHAD THOMPSON, AND DEBBIE BLEWITT, Petitioners, v. FRANK LAROSE, OHIO SECRETARY OF STATE, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit BRIEF FOR AMICI CURIAE INITIATIVE AND REFERENDUM INSTITUTE AND CENTER FOR COMPETITIVE DEMOCRACY IN SUPPORT OF PETITIONERS Anne Marie Lofaso Lawrence D. Rosenberg WEST VIRGINIA UNIV. Counsel of Record COLLEGE OF LAW JONES DAY U.S. SUPREME COURT 51 Louisiana Ave., N.W. LITIGATION CLINIC Washington, DC 20001 101 Law Center Dr. (202) 879-7622 Morgantown, WV 26056 [email protected] Counsel for Amici Curiae Initiative and Referendum Institute and Center for Competitive Democracy i TABLE OF CONTENTS Page TABLE OF AUTHORITIES ....................................... ii INTEREST OF AMICI CURIAE ............................... 1 SUMMARY OF ARGUMENT .................................... 3 ARGUMENT ............................................................... 4 I. Ballot Initiatives Have Deep Roots In, And Are Critical To, American Democracy, And They Are Used Prevalently Today To Fur- ther Important Political And Social Ends. ........... 4 II. Many States Impose Subject-Matter Re- strictions On Ballot Initiatives, And This Court’s First Amendment Guidance Is Greatly Needed On This Important And Recurring Issue. .................................................. 13 CONCLUSION ......................................................... 16 ii TABLE OF AUTHORITIES Page(s) CASES Arizona State Legislature v. Arizona Indep. Redistricting Comm’n, 135 S. Ct. 2652 (2015) ............................................ 4 Citizens in Charge, Inc. v. Husted, 810 F.3d 437 (6th Cir. 2016) .................................. 2 City of Eastlake v. Forest City Enters., Inc., 426 U.S. 668 (1976) ................................................ 4 Constitution Party of Pa. v. Aichele, 757 F.3d 347 (3d Cir.
    [Show full text]