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State and Local Government Law Commons™
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Articles 1 - 5 of 5
Full-Text Articles in State and Local Government Law
Initiative Process In Washington, Philip A. Talmadge
Initiative Process In Washington, Philip A. Talmadge
Seattle University Law Review
This is an introduction to the Seattle University Law Review's Symposium on the initiative process in Washington. In this Symposium, the authors address a variety of issues associated with the initiative process in our state. They examine the specific case of Initiative 695, the role of the courts in reviewing initiatives, the application of the Republican Government Clause in the United States Constitution to Washington's initiative process, and the larger question of whether the entire initiative process is unconstitutional. These articles are timely analyses of a pressing public issue. This Seattle University Law Review Symposium on initiatives will highlight difficult …
Initiatives—Enemy Of The Republic, Brewster C. Denny
Initiatives—Enemy Of The Republic, Brewster C. Denny
Seattle University Law Review
The Seattle University Law Review's Symposium on the initiative process in Washington State addresses an issue of both transcendent importance to the health of the Republic and immediate challenge to the welfare of the children of this state. This discussion could not be more timely, and not just locally. Here's why. Devolution, tax cuts for the rich and the super rich, welfare reform, and a more conservative, market-oriented philosophy of government lay on the states and low income parents and children the burden of meeting the most critical needs of children-from prenatal care through college. With twenty percent of our …
Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller
Courts As Watchdogs Of The Washington State Initiative Process, Kenneth P. Miller
Seattle University Law Review
This Article describes the high rate at which courts have invali- dated Washington initiatives and then explores why this is so. The Article suggests that it is initiative lawmaking's Populist orientation—with respect to both its unfiltered majoritarian processes and its often—constitutionally suspect substance-that makes initiatives vulnerable to legal attack.
Direct Democracy Is Not Republican Government, Steven William Marlowe
Direct Democracy Is Not Republican Government, Steven William Marlowe
Seattle University Law Review
This Article will initially explain the examples of direct democracy in the states of Washington and Oregon. It will then analyze the United States Constitution's Guarantee Clause. Finally, this Article will argue that state initiative and referendum provisions are inconsistent with a republican form of government and that laws passed through the use of this process are unconstitutional.
Thou Shall Not Strike: Religion-Based Peremptory Challenges Under The Washington State Constitution, Justin Dolan
Thou Shall Not Strike: Religion-Based Peremptory Challenges Under The Washington State Constitution, Justin Dolan
Seattle University Law Review
This Comment will first define the peremptory challenge and discuss its history and normative values. It will then examine the United States Supreme Court's treatment of the peremptory challenge, focusing on how the peremptory challenge has changed from a litigation device that lawyers could exercise without explanation to one that at times requires an explanation for it to survive constitutional challenge. Next, this Comment will discuss state courts' independent interpretation of fundamental rights, Washington courts' decisions in harmony with this principle, and State v. Gunwall, the guide to independent constitutional interpretation in Washington. This Comment will show that under …