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[DOWNLOAD] "Direct Democracy: Government of the People, By the People, And for the People?" by Harvard Journal of Law & Public Policy # eBook PDF Kindle ePub Free

Direct Democracy: Government of the People, By the People, And for the People?

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eBook details

  • Title: Direct Democracy: Government of the People, By the People, And for the People?
  • Author : Harvard Journal of Law & Public Policy
  • Release Date : January 22, 2011
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 259 KB

Description

In the Gettysburg Address, President Lincoln declared ours a "government of the people, by the people, [and] for the people." (1) Is the Gettysburg Address an appropriate template for the American Constitution? Are national referenda and initiatives an appropriate template for the American Constitution? This Essay will argue that they are not. In fact, after considering Professor William Eskridge's remarks at the 2010 Federalist Society National Lawyers Convention, (2) my opposition to the use of either referenda or of initiatives has, if anything, hardened. Let me ground this intuition in political and constitutional theory. There is one question that is absolutely essential to this discussion: Just how unrestrained ought our legislative authority be in a constitutional democracy that seeks to protect vested individual rights?


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