Legislating morality outside of the legislature: Direct democracy, voter participation and morality politics

Autor: David L. Schecter
Rok vydání: 2009
Předmět:
Zdroj: The Social Science Journal. 46:89-110
ISSN: 1873-5355
0362-3319
DOI: 10.1016/j.soscij.2008.12.002
Popis: Twenty-four states currently use some form of the initiative and referendum in an effort to give Americans the opportunity to make laws directly and vote on proposals given to them by their state legislatures. In one area in particular, morality policy, voters have historically used the ballot box to craft important and often controversial legislation. These have included items concerning gambling, alcohol, abortion, narcotics, obscenity and religion. This research examines two important aspects of the direct democracy issue: does the initiative and referendum increase voter participation in the states giving this option to voters and what is the impact on participation levels when morality issues are considered? For the first question a unique data set is developed to test voter turnout on ballot issues using the state as the unit of analysis. Results of this ordinary-least-squares analysis suggest direct democracy does increase voter turnout rates. In the second part of the analysis, however, several state ballots from 1972 to 2006 are analyzed suggesting that voter interest is strongest when they face morality issues. Hence, ‘legislating morality’ takes on a new meaning here since we commonly associate the phrase only with legislative institutions. As shown, over time citizens have been legislating morality directly in their own unique way. Theoretically, while advocates of direct democracy contend the process increases voter participation, it is argued here that the participation is often skewed toward certain morality issues and not toward issues as a whole. The data support this contention and raise normative questions concerning voters and their propensity to ‘legislate morality’.
Databáze: OpenAIRE