Power to the People: The Democracy Foundation's Plan to Create a Fourth Branch of Government
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Examples of direct democracy are also found on the international level. The Swiss have used a national initiative system for over 100 years, and the results are compelling. Gregory Fossedal, author of the book Direct Democracy in Switzerland, writes that the system is "harder to corrupt, and develops the popular mind." The press, aware that it has a critical role to play in educating the public, deemphasizes the individuals at the top levels of government and instead "offers a stream of extensive, diverse, instantaneous, and ongoing information to voters." The result of this system of government, writes Fossedal, is "less alienation, and a much closer association between people and elites."
Across Europe, more and more countries are adopting national referendums, a process in which legislatures develop laws and put them up for a popular vote. "If you go to Europe now," says Matsusaka, "it's almost getting to be unthinkable that they would make a decision on some important national topic without asking the people what they think about it." In contrast, the United States, a worldwide leader in democracy, has never held a nationwide vote on any law.
In the end, the largest problem with the Democracy Foundation’s National Initiative may be enacting the thing. Passing a law in Congress is a non-starter for obvious reasons, so its supporters are trying to pass a Constitutional amendment through, naturally enough, a nationwide popular vote. They've set up a web site called Philadelphia II (an homage to the founding fathers' 1787 constitutional convention) where citizens can cast a vote for the idea. There's just one wrinkle. Article V of the Constitution, which lays out the processes for passing amendments, identifies only two methods of doing so, neither of them a popular vote: a constitutional convention called by two-thirds of state legislatures or a two-thirds vote in both houses of Congress.
Even so, some constitutional law scholars believe the people do have the power to put forth a constitutional amendment. Yale constitutional law professor Akhil Reed Amar, one of America's foremost scholars on majority rule and popular sovereignty, writes that the repeated invocations of the power of the people in the Declaration of Independence, the Constitution, and other writings authored by the nation's founding fathers suggest the people "have a legal right to alter our government—to amend our Constitution—via a majoritarian and populist mechanism akin to a national referendum, even though that mechanism is not explicitly specified in Article V."
Look no further than the preamble to the Constitution, Amar argues. The words "We the People of the United States… do ordain and establish this Constitution" make the case: if the people make the Constitution, they obviously have the right to change it.
Determined to do so, the backers of the National Initiative soldier on, trying to raise publicity where they can. Mike Gravel's campaign has brought some exposure, but not nearly enough. The Democracy Foundation's web site proclaims that "when the majority of the People who voted in the last presidential election vote affirmatively for the National Initiative it becomes the law of the land." They say, and this is where the idea starts to sound more like a pipedream, that when the votes on the Philadelphia II web site hit this threshold, the administrator of Philadelphia II will notify Congress and all other relevant parties that American democracy has been changed forever. We'll see how that goes over, if and when they get there. As it stands, 3,500 Americans have cast a ballot for the National Initiative, leaving only 61 million more to go.
Jonathan Stein is a reporter with Mother Jones' Washington, D.C., bureau.
