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The Initiative and Referendum Processes of Making Laws

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The Initiative and Referendum Processes of Making Laws Best scan available. Original was photocopied crooked. The Initiative andReferendum in Oregon:1938-1948 By JOSEPH G. LAPALOMBARA Assistant Professor of Political Science Oregon State College With Foreword by CHARLES B. HAGAN Associate Professor of Political Science, University of Illinois OREGON ..,STATE COLLEGE CORVALLIS, OREGON. PRINTED AT THE COLLEGE PRESS.1950. OREGON STATE MONOGRAPHS Studies in Political Science Number 1, August 1950 Published by Oregon State College Oregon State System of Higher Education Corvallis, Oregon FOREWORD The monograph to which this is a foreword is concerned with some features of the policy-making process in the United States.It opens up some wider questions than are surveyed, and its contribution tothe under- standing of that process is mainly to analyze and describe one feature in the total situation.The main importance of this study is in its refutation of some of the judgments that pass for current knowledge aboutthe initiative and referendum processes of making laws. Another contribution emerges in considerable measure from the findings.This study, which supports the N- findings in other studies of this method of making laws, ought to compel the students of the process of policy making to make a search for new potheses and premises on which to base their investigations.Insofar as this study makes a contribution in that direction it is to be found in the suggestion concerning the role of group pressures in the making of rules to control human activity.It is only fair to Mr. LaPalombara to add that he did not undertake to press the suggestion he makes to any great distance. He did not undertake the study with any such end in mind. The study started out as an examination of the operation of the direct law-making process (initiative and referendum) in the state of Oregon, and he studies intensively the activities of the ten-year period 1938-1948. There is nothing peculiar in that period, so that an intensive survey would furnish some more detailed knowledge than the usual type of generalization about the voter and referenda on issues of public policy. The method of the study is to survey in detail the statistical results and other data as far as they were available and then to compare these data with the alleged "qualities" of such direct participation in the process.His findings, and they are the same that other students have found in other states,' are that there is little difference between the "decisions" so made by the electorate and the "decisions" made by the representative assembly.In detail he points out that none of the I-1 alleged peculiarities of the voters are to be found in the Oregon results. With this result Mr. LaPalombara suggests then that the premises on /which most students of the political process have proceeded need to be re- ciN examined, and moreparticularly he suggests that the method of group analysis of the political community ought to be looked at with these problems in mind. ctThe study does not go further than this.It demonstrates in a compelling fashion that the assertions of the opponents to the initiative and referendum 1V. 0. Key and W. W. Crouch, The Initiative and Referendum in California (Berkeley, University of California Press, 1939) ;J. K. Pollock, The Initiative and Referendum in Michigan (Ann Arbor, University of Michigan Press, 1940); C. 0. Johnson, "The Initiative and Referendum in Washington," The Pacific Northwest Quar- terly, vol. 36, pp. 29-63 (January, 1945). iii INITIATIVE AND REFERENDUM IN OREGON have no basis in the Oregon experience. The voters, he seems to be saying, have about the same attributes as the other organs of government.The hypothesis that the political community consists in underlying groups who manifest themselves in the process of decision making would in his view offer a better base from which to examine the process of policy making. It is importLt to examine the implications of this suggestion, and I should like to present some aspects of that implication.I am not sure that Mr. LaPalombara would go all the way with what I am going to say here, and there is language in his study which indicates that he is operating from a different base. He is not the first student of the process of lawmaking to become dis- turbed at the divergence of results from the supposed premises on which public decisions are made.The most detailed critique of the characteristic studies in the process of public policy making is to be found in Arthur F. Bentley's Process of Government: A Study in Social Pressures.2 This study first published in 1908 adumbrated most of the perplexities that still pervade the systematic study of the governmental process.In subsequent studies Bentley pressed his analyses in different directions, but the main outlines of his proposal in the early volume still stand.This volume is frequently cited but little read.For on any calculation, the methodological principles of the Process of Government have found little significant influence with the prac- titioners of political science, yet it was precisely the purpose of that volume to make the study of the governmental process more scientific. I should like to take this opportunity to make a plea for a trial of the method outlined in the Process of Government. The study of political science in the United States is mainly a twentieth century phenomenon.It has been concerned with structures of governmental organs and with other formal features of the governmental structures.The theory that there could be a mechanical distribution of political power and that the mechanical distribution so started would continue to operate had general acceptance.Studies have considered what would be the "best" distribution.If the distribution is on the same plane of government, it is called separation of powers and if the distribution is on different levels it is concerned with confederation or fed- eration.The studies of power distribution have been succeeded by descrip- tions of the operation of the organs.In particular, attention has been paid to cooperation and to competition between the constitutional organs.The failure of the members of one organ to leave the activities of other organs alone raised problems of "interference" with the "legitimate" activities of other organs.The formation of political parties with the intention of the 2Chicago, University of Chicago Press, 1908. IV FOREWORD party eradicating the functional distribution through placing individuals with similar views in the different organs was a deliberate frontal attack on the mechanical distribution of "power" as a feasible plan of government. The incapacity of the parties to unify individuals on all issues invites attention to other means of evading the consequences of the distribution of "power." "Pressure groups" became a theory to explain the existence of public policies that denied the hallowed "general welfare.""Lobbyists" and "special in- terests" became the evil forces which ousted the good forces which were overcome in the political struggle.It was in this atmosphere that Bentley wrote his treatise. He proposed an essentially simple thesis.It was that groups, meaning unified activity in a given direction, are constantly struggling with one another in the process of policy formation. Government is merely the organs through which this struggle manifests itself.In any given policy issue there are two sides : the pros and the cons ; each will use whatever means is available to it on the way to achieve its ends. The controversy within any particular organ reflects this underlying group contest, although the verbal formulae through which the contest takes place will vary with the context in which the struggle is formulated.For example the contest in the legislature or in a political party convention becomes a debate on which of two programs will promote the "general interest" and one or the other group wins.If one group succeeds in getting an act of the legislature the other may seek to frus- trate the goal within the administrative activity. The loser at that stage still has the possibility of using the courts in his behalf.If this method of analysis is used, the initiative and the referendum merely insert another or an alternative stage on which the group contest may be manifested. A group is more or less the victor in the degree to which it is able to get its program adopted into action.The struggle does not end with adoption in all the requisite agencies, for the underlying opposition group may still attain its effective result even though the symbols of victory go to the other side. If this method of analysis is used, bribery, efficiency, and most of the other traditional terms of description in political science take on new content. They are not verbal formulae of existing objects but are ways of describing a relation between persons and with no particular moral overtones or under- tones. Other general conclusions emerge. There is no entity or thing entitled to be called the "general interest," but there are particular interests which are represented in the activity of individuals. More or less of the population may be "interested" in this sense in a given issue. Any close examination of the legislative product or any other part of the process of policy making would show that one or another group, i.e., activity, was successful in any given stage. The process of government is the group struggle which provides a set of adjustments. INITIATIVE AND REFERENDUM IN OREGON Since there is a body of literature which may be loosely denominated "pressure-group literature" it is the better part of caution to insist that the view here espoused is not that characterisically embodied in such studies.
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