Legal History of Direct Democracy Institutions in the USA

Abstract

Direct democracy appeared in the United States back in the colonial period. However, when the country became sovereign in the late XVIII century, the founding fathers gave preference to representative democracy in order to prevent the mob rule. This research traces the history of various institutions of direct democracy in the United States. The late XIX – early XX centuries saw an era of progressivism in the United States: civil society struggled against negative social, political, and legal phenomena. Implementation of referendums, general direct elections, recalls of officials, etc., into the legal system seemed a perfect solution. In the early XX century, these institutions were enshrined in the legislation of some Western states and proved rather effective. The so-called second wave of direct democracy occurred after 1950s, and institutions of direct democracy became even more widespread. This process reached its peak in the late XX – early XXI centuries. As a result, they predominate in the current US legislation. The USA are currently going through a further rise in direct democracy, which is even more implemented into the legal system. The American experience of direct democracy is of considerable interest to Russia as it may help to improve the domestic state mechanisms of making socially important decisions.

Keywords

• constitutional convent
• referendum
• muckraker
• senate
• california
• progressivism
• constitutional amendment
• legislature