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CONTENTS

OPENING STATEMENTS

Abourezk, Hon. James, a U.S. Senator from the State of South Dakota__
Bayh, Hon. Birch, a U.S. Senator from the State of Indiana, chairman,
Subcommittee on the Constitution_____

ALPHABETICAL LIST OF WITNESSES

Page

6

1

Abraham, Prof. Henry, Department of Government and Foreign Affairs,
University of Virginia, Charlottesville, Va___

66

Bachrach, Prof. Peter, Department of Political Science, Temple University,
Philadelphia, Pa.........

Berg, Prof. Larry, Department of Political Science, University of Southern
California, Los Angeles., Calif.

Dent, Edward, Washington, D.C..

Diamond, Roger, J., legal counsel, People's Lobby, Los Angeles, Calif
Fauntroy, Hon. Walter E., a Delegate in Congress from the District of
Columbia..

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Fish, Peter G., associate professor, political science, Duke University,
Durham, N.Ć.

112

18 130

Jones, Hon. James R., a Representative in Congress from the State of
Oklahoma...

Koupal, Joyce, People's Lobby, Los Angeles, Calif
Nader, Ralph, Washington, D.C.

Telschow, Roger, codirector, Initiative America, accompanied by John
Forster, codirector, Initiative America, and Bill Harrington, legislative
coordinator, Initiative America__.

Thomson, Ken, director, Citizens for Participation in Political Action..
Ward, Baxter, supervisor, County of Los Angeles, Los Angeles, Calif.
Whiting, Don, election supervisor, State of Washington---

CHRONOLOGICAL LIST OF WITNESSES
TUESDAY, DECEMBER 13, 1977

90

73

124

85

102

Jones, Hon. James R., a Representative in Congress from the State of
Oklahoma..

18

Fauntroy, Hon. Walter E., a Delegate in Congress from the District of
Columbia...

34

Berg, Prof. Larry, Department of Political Science, University of Southern
California, Los Angeles, Calif _ _ _.

47

Bachrach, Prof. Peter, Department of Political Science, Temple University,
Philadelphia, Pa..........

59

Abraham, Prof. Henry, Department of Government and Foreign Affairs,
University of Virginia, Charlottesville, Va__

66

Telschow, Roger, codirector, Initiative America, accompanied by John Forster, codirector, Initiative America, and Bill Harrington, legislative coordinator, Initiative America____

73

WEDNESDAY, December 14, 1977

Ward, Baxter, supervisor, County of Los Angeles, Los Angeles, Calif.
Nader, Ralph, Washington, D.C..

85

90

Whiting, Don, election supervisor, State of Washington__

102

Fish, Peter G., associate professor, political science, Duke University,
Durham, N.C..

112

Dent, Edward, Washington, D.C..
Thomson, Ken, director, Citizens for Participation in Political Action.......
Koupal, Joyce, People's Lobby, Los Angeles, Calif..
Diamond, Roger J., legal counsel, People's Lobby, Los Angeles, Calif.

LIST OF EXHIBITS

1. Letter to Sen. James O. Eastland, chairman, Committee on the Judiciary, from Patricia M. Wald, assistant attorney general, Department of Justice...

2. Letter to Alice Rivlin, director, Congressional Budget Office, from
Senator Bayh, chairman, Subcommittee on the Constitution,
January 18, 1978...

3. Letter to Senator Bayh from Alice Rivlin, February 27, 1978...
4. S.J. Res. 67, joint resolution proposing an amendment to the Consti-
tution of the United States with respect to the proposal and the
enactment of laws by popular vote of the people of the United
States

5. Introductory statement from the Congressional Record, Monday,
July 11, 1977, by Senator James Abourezk which accompanied the
introduction of S.J. Res. 67...

6. Public opinion survey conducted by Cambridge Survey Research on the voter initiative constitutional amendment..

7. Prepared statement of Hon. Michael J. Harrington, a Representative in Congress from the State of Massachusetts..

8. Prepared statement of Hon. Guy Vander Jagt, a Representative in Congress from the State of Michigan...

9. H.J. Res. 544, joint resolution proposing an amendment to the Constitution of the United States to give citizens of the United States the right to enact and repeal laws by voting on legislation in a national election___.

10. Prepared statement of Hon. Harold S. Sawyer, a Representative in Congress from the State of Michigan.

11. H.J. Res. 658, joint resolution proposing an amendment to the Constitution of the United States to give citizens of the United States the right to enact and repeal laws by voting on legislation in a national election___.

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12. "The Initiative in Washington: 1914-74", by Hugh A. Bone, professor of political science, University of Washington..

106

13. Editorial from the Lynchburg Virginia News, "An Intriguing Proposal," January 2, 1978...

121

14. Letter to James Murdock, Lynchburg News, editorial page editor, from Peter G. Fish, associate professor, Duke University.

122

15. Prepared statement by the People's Lobby..

146

APPENDIX

PART 1.-CORRESPONDENCE AND STATEMENTS FROM STATE OFFICIALS
Letter from Hon. Tom McCall of Oregon, former Governor, to Senator
James Abourezk, November 28, 1977-----
Letter from Hon. J. James Exon, Governor, State of Nebraska, to Senator
Mark Hatfield and Senator James Abourezk, November 21, 1977__.
Letter from Hon. Jay S. Hammond, Governor, State of Alaska, to Senator
Mark Hatfield and Senator James Abourezk, November 30, 1977.
Prepared statement of Hon. William N. Durley, assistant to California
Secretary of State March Fong Eu for Elections and Political Reform...
Letter from Hon. Dixon Arnett, 20th district, California State assembly-
man, with enclosures, to Senator Birch Bayh, December 5. 1977
Letter from Hon. William G. Milliken, Governor, State of Michigan, to
Senator Mark Hatfield and James Abourezk, December 5, 1977--
Letter from Hon. Bruce A. Smathers, Secretary of State, State of Florida, to
Senator James Abourezk, December 5, 1977.............

153

154

154

154

155

157

157

Prepared statement by Hon. Paul Guzzi, Secretary of the Commonwealth of Massachusetts..

158

PART 2.-CORRESPONDENCE AND STATEMENTS FROM LAW SCHOOLS AND

UNIVERSITIES

University of Utah, Robert C. Benedict, assistant professor, department Page of political science, November 17, 1977.

159

George Washington University, Arthur S. Miller, professor of law November 23, 1977...

161

Antioch School of Law, Institute for Alternative Futures, Clement Bezold,
Ph.D., director..

163

Western Illinois University, college of arts and sciences, John S. Shockley,
Ph.D., associate professor, December 2, 1977...

172

University of Washington, Prof. Hugh A. Bone, department of political science, December 2, 1977_

189

University of Southern California, Prof. Harlan Hahn, department of political science, December 6, 1977.

189

Rutgers University, Prof, Benjamin R. Barber, professor of political science, January 12, 1978___

192

California Polytechnic State University, Marvin J. Whalls, head natural resources management department, January 19, 1978__.

196

University of Toronto, Prof. Walter Berns, professor of political science,
January 26, 1978.

197

East Carolina University, Prof. John P. East, Ph.D., LL.B., department of political science_-_

197

PART 3.-CORRESPONDENCE AND STATEMENTS FROM ORGANIZATIONS Americans for Initiative-Referendum, Milwaukee, Wis, James A. Sigl, director.

American Referendum Association, Inc., New York, N. Y., Matt Shermer,
director

Illinois Coalition for Political Honesty, Patrick Quinn, secretary-treasurer__
Liberty Lobby, Washington, D.C., Vincent A. Drosdik III.

Michigan United Conservation Clubs, Lansing Michigan, Thomas L.
Washington, executive director___

198

198

202

203

204

Montanans for Safe Power, Billings, Mont., Edward M. Dobson, cochair

man_.

205

The National Health Federation, Delaware, Ohio, John Yiamouyiannis,
Ph.D., science director..

205

Progressive Democratic Club of Kansas City, Mo., David J. West, publicity

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"The Initiative: A Comparative State Analysis and Reassessment of a
Western Phenomenon,' by Charles M. Price, the Western Political
Quarterly, vol. 28, June 1975...
"Direct Democracy-A Study of the American Referendum," by Penelope
J. Gazey, Parliamentary Affairs, vol. 24, No. 2, spring 1971..
"Perspectives on Direct Legislation: Washington State's Experience 1914-
1973," by Hugh A. Bone and Robert C. Benedict, Western Political
Quarterly, June 1975...

"Tendencies of California Direct Legislation", by John Sheldon Rada-
baugh, The Southwestern Social Science Quarterly, June 1961 - -
"Initiative, Referendum and Recall: A Resume of State Provisions",
76-95A, Congressional Research Service, Library of Congress, May
1976; with Addendum I to 76-95A, February 15, 1977-
"Constitutional Problems Involving a National Referendum," Thomas M.
Durbin, Legislative Attorney, American Law Division, February 25,
1977 -

PART 5.-LIBRARY OF CONGRESS SUMMARY

A Compilation of Statewide Initiative Proposals Appearing on Ballots through 1976..

208

228

245

267

280

353

355

Dent, Edward, Washington, D.C....

Thomson, Ken, director, Citizens for Participation in Political Action--
Koupal, Joyce, People's Lobby, Los Angeles, Calif.

Diamond, Roger J., legal counsel, People's Lobby, Los Angeles, Calif....

LIST OF EXHIBITS

1. Letter to Sen. James O. Eastland, chairman, Committee on the Judiciary, from Patricia M. Wald, assistant attorney general, Department of Justice__.

2. Letter to Alice Rivlin, director, Congressional Budget Office, from
Senator Bayh, chairman, Subcommittee on the Constitution,
January 18, 1978..

3. Letter to Senator Bayh from Alice Rivlin, February 27, 1978.
4. S.J. Res. 67, joint resolution proposing an amendment to the Consti-
tution of the United States with respect to the proposal and the
enactment of laws by popular vote of the people of the United
States..

5. Introductory statement from the Congressional Record, Monday,
July 11, 1977, by Senator James Abourezk which accompanied the
introduction of S.J. Res. 67.

6. Public opinion survey conducted by Cambridge Survey Research on the voter initiative constitutional amendment..

7. Prepared statement of Hon. Michael J. Harrington, a Representative in Congress from the State of Massachusetts-

8. Prepared statement of Hon. Guy Vander Jagt, a Representative in Congress from the State of Michigan...

9. H.J. Res. 544, joint resolution proposing an amendment to the Constitution of the United States to give citizens of the United States the right to enact and repeal laws by voting on legislation in a national election _ _ _

10. Prepared statement of Hon. Harold S. Sawyer, a Representative in Congress from the State of Michigan..

11. H.J. Res. 658, joint resolution proposing an amendment to the Constitution of the United States to give citizens of the United States the right to enact and repeal laws by voting on legislation in a national election_

[blocks in formation]

12. "The Initiative in Washington: 1914-74", by Hugh A. Bone, professor of political science, University of Washington..

106

13. Editorial from the Lynchburg Virginia News, "An Intriguing Proposal," January 2, 1978..

121

14. Letter to James Murdock, Lynchburg News, editorial page editor, from Peter G. Fish, associate professor, Duke University.

122

15. Prepared statement by the People's Lobby..

146

APPENDIX

PART 1.-CorrespondenCE AND STATEMENTS FROM STATE OFFICIALS Letter from Hon. Tom McCall of Oregon, former Governor, to Senator James Abourezk, November 28, 1977

153

Letter from Hon. J. James Exon, Governor, State of Nebraska, to Senator
Mark Hatfield and Senator James Abourezk, November 21, 1977.
Letter from Hon. Jay S. Hammond, Governor, State of Alaska, to Senator
Mark Hatfield and Senator James Abourezk, November 30, 1977.
Prepared statement of Hon. William N. Durley, assistant to California
Secretary of State March Fong Eu for Elections and Political Reform...
Letter from Hon. Dixon Arnett, 20th district, California State assembly-
man, with enclosures, to Senator Birch Bayh, December 5. 1977-
Letter from Hon. William G. Milliken, Governor, State of Michigan, to
Senator Mark Hatfield and James Abourezk, December 5, 1977...
Letter from Hon. Bruce A. Smathers, Secretary of State, State of Florida, to
Senator James Abourezk, December 5, 1977.....

Prepared statement by Hon. Paul Guzzi, Secretary of the Commonwealth of Massachusetts..

154

154

154

155

157

157

158

PART 2.-CORRESPONDENCE AND STATEMENTS FROM LAW SCHOOLS AND

UNIVERSITIES

University of Utah, Robert C. Benedict, assistant professor, department Page of political science, November 17, 1977.

159

George Washington University, Arthur S. Miller, professor of law November 23, 1977___

161

Antioch School of Law, Institute for Alternative Futures, Clement Bezold,
Ph.D., director.

163

Western Illinois University, college of arts and sciences, John S. Shockley,
Ph.D., associate professor, December 2, 1977.......

172

University of Washington, Prof. Hugh A. Bone, department of political science, December 2, 1977..

189

University of Southern California, Prof. Harlan Hahn, department of political science, December 6, 1977..

189

Rutgers University, Prof, Benjamin R. Barber, professor of political science, January 12, 1978.

192

University of Toronto, Prof. Walter Berns, professor of political science,
January 26, 1978..

California Polytechnic State University, Marvin J. Whalls, head natural resources management department, January 19, 1978__

196

197

East Carolina University, Prof. John P. East, Ph.D., LL.B., department of political science___

197

PART 3.-CORRESPONDENCE AND STATEMENTS FROM ORGANIZATIONS Americans for Initiative-Referendum, Milwaukee, Wis, James A. Sigl, director__

American Referendum Association, Inc., New York, N. Y., Matt Shermer, director_

198

198

Illinois Coalition for Political Honesty, Patrick Quinn, secretary-treasurer__
Liberty Lobby, Washington, D.C., Vincent A. Drosdik III.

202

203

Michigan United Conservation Clubs, Lansing Michigan, Thomas L.
Washington, executive director...

204

Montanans for Safe Power, Billings, Mont., Edward M. Dobson, cochair

man

205

The National Health Federation, Delaware, Ohio, John Yiamouyiannis,
Ph.D., science director_

205

Progressive Democratic Club of Kansas City, Mo., David J. West, publicity--

206

PART 4.-JOURNAL ARTICLES

"The Initiative: A Comparative State Analysis and Reassessment of a
Western Phenomenon,' by Charles M. Price, the Western Political
Quarterly, vol. 28, June 1975....

"Direct Democracy-A Study of the American Referendum," by Penelope
J. Gazey, Parliamentary Affairs, vol. 24, No. 2, spring 1971.
"Perspectives on Direct Legislation: Washington State's Experience 1914-
1973," by Hugh A. Bone and Robert C. Benedict, Western Political
Quarterly, June 1975...

"Tendencies of California Direct Legislation", by John Sheldon Rada-
baugh, The Southwestern Social Science Quarterly, June 1961.
"Initiative, Referendum and Recall: A Resume of State Provisions"
76-95A, Congressional Research Service, Library of Congress, May
1976; with Addendum I to 76-95A, February 15, 1977. -
"Constitutional Problems Involving a National Referendum," Thomas M.
Durbin, Legislative Attorney, American Law Division, February 25,
1977.

PART 5.-LIBRARY OF CONGRESS SUMMARY

A Compilation of Statewide Initiative Proposals Appearing on Ballots through 1976.

208

228

245

267

280

353

355

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