Government by the people

The Founding Fathers weren't big fans of letting people bypass representative government with citizens initiatives. James Madison didn't like direct democracy because "the passions ... not the reason, of the public would sit in judgment."

That's why there is no provision in the Constitution to allow citizens to circumvent Congress and pass laws of their own. No state allowed such a thing, either, until South Dakota in 1898, followed closely by Utah in 1900. In Utah's case, the people voted overwhelmingly to add an initiative-and-referendum provision to the state constitution. The Legislature, on the other hand, has remained steadfastly against this from the start, throwing roadblock after roadblock in the way of the initiative process.

Two more initiatives failed last week. One would have established new rules of ethical conduct among state lawmakers and set up a commission to hear complaints. The other would have established an independent commission to redraw the state's political boundaries. Neither was able to vault the current legislative hurdle, which required them to collect a number of valid signatures equal to 10 percent of the voters in the last gubernatorial election, and to do so in 26 of the state's 29 Senate districts.

Leaders of the ethics petition drive are banking on a law they say allows them until August to continue gathering signatures to get on the ballot in 2012. But that is sure to result in a legal challenge, as has the practice of gathering electronic signatures over the Internet.

For Utahns, however, the larger question is, should the requirements be lowered for getting an initiative on the ballot? If not, is the intent of the voters who granted the right to circumvent the Legislature being respected?

The answer, it appears, is that the bar is a bit too high, but only a bit.

Utahns should be careful about preserving their representative form of government. Especially in this state, where lawmakers serve part time and have jobs and careers that keep them a part of the people they represent, elected representation remains the best safeguard for liberty. The legislative process allows for amendments and hearings that tend to take the edge off harsh proposals. With a few exceptions, lawmakers pass thoughtful legislation and discard the most ridiculous notions, which often receive the most media attention. Initiatives, on the other hand, allow only a yes or no vote, and they can become law no matter how few people show up to cast ballots.