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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

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

Dent, Edward, Washington, D.C..

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

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

66

59

47

123

132

34.

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

112

18

130

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

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

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

90

73

124

85

102

18

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

34

47

59

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

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

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

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

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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 ___

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

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

122

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

Page

University of Utah, Robert C. Benedict, assistant professor, department 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__

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

Page

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

122

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

Page

University of Utah, Robert C. Benedict, assistant professor, department 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...

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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