From Deseret News archives:

Power to the people — or politicians

Published: Sunday, March 18, 2007 12:09 a.m. MDT
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Our elected leaders must continue the bulk of decisionmaking in government. Yet RR's sentiments remain correct. I instinctively trust Utahns and encourage their direct participation in the policymaking process.

Webb: The citizen initiative/referendum process is a useful tool if used rarely and in exceptional circumstances. Generally, far better laws will be made through the standard legislative process envisioned by our Founding Fathers.

Frank's mention of the 2002 radioactive waste initiative is a very good example of a very bad initiative, and that's why it was soundly defeated. In the legislative process, a proposal must endure a strenuous refining process that allows for robust debate, amendments and substitute bills. By clearing the various legislative hurdles, problems and errors are winnowed out, and the end result is a much-amended but good piece of legislation.

In the initiative process, a special-interest group gets a pet proposal certified, usually with little scrutiny or public input (although there's a little more now than previously), and it goes before voters. Little chance exists to debate, amend or improve. (School bond elections and transit tax proposals are different because they have been thoroughly vetted by the government entity proposing them.)

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Frank's 2002 initiative made dramatic changes in state tax law, singling out a particular industry for onerous taxation, and it was confusing, with unintended consequences. When reasonable people, including most of the state's leaders, took a close look, they opposed it and it failed.

A major lesson for petitioners is that your initiative had better be simple, straightforward and do exactly what it purports to do or it will be readily defeated.

In our constitutional republic, most of the rules, laws and regulations that keep society orderly, establish justice and govern our lives are made by leaders we elect.

We rely upon city, county, state and federal officials to study important issues and enact the policies that best serve society. Each government level has long-established procedures to make these laws, which usually include public hearings, opportunities for input, improvements and debate. And if we don't like the decisions these leaders make, we can boot them out at the next election. This process is clearly the most productive and error-free way to make the sausage we call laws.

As a seldom-used pressure valve for democracy, the initiative/referendum process is also appropriate to enact or repeal laws. But the hurdles to get a proposal on the ballot should be suitably high so that we aren't flooded with inane and frivolous bright ideas every election. Utah's law sets the right balance.

Our Founding Fathers established a constitutional republic and not a pure democracy for good reasons.


Republican LaVarr Webb was policy deputy to Gov. Mike Leavitt and Deseret News managing editor. He now is a political consultant and lobbyist. E-mail: lwebb@exoro.com. Democrat Frank Pignanelli is Salt Lake attorney, lobbyist and political adviser. A former candidate for Salt Lake mayor, he served 10 years in the Utah House of Representatives, six years as House minority leader. Pignanelli's spouse, D'Arcy Dixon Pignanelli, is a Utah state tax commissioner. E-mail: frankp@xmission.com.

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