Issues
Every state’s constitution includes at least some mechanism for voters to vote on issues other than the selection of government officials—a power that doesn’t exist at the federal level. In some states, the power may be limited to deciding whether to call a constitutional convention. In other states, voters may recall elected officials. And in about half the states, citizens are empowered to engage directly in lawmaking through the initiative power, which allows citizens to propose laws or constitutional amendments and put them in front of voters, or the veto referendum power, which allows citizens to reject laws passed by the legislature. These powers have been used to shape reproductive rights, redistricting, and voting rights, among others.
The State Democracy Research Initiative works to shed light on these understudied mechanisms, exploring how citizen-proposed measures reach the ballot, legislative efforts to undermine direct democracy, and how courts resolve related controversies.
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Articles & Essays
Constitutional Limits on Legislative Overrides of Statutory Initiatives in Ohio
Derek Clinger
04.08.25
Last Updated 08.22.25
Does the Ohio Constitution allow the General Assembly to override the will of the people? The Essay situates Ohio within the broader national landscape, surveys how other states address legislative overrides of citizen-initiated statutes, and develops an interpretive framework grounded in the Ohio Constitution.
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Direct Democracy in the States: A 50-State Survey of the Journey to the Ballot
Allie Boldt
10.19.23
This Report surveys current state laws affecting direct democracy, with an emphasis on those relating to voter participation and understanding. For instance, what information appears on the ballot, and who prepares it? What standards exist, if any, to ensure that ballot language is clear and impartial? When, and how, can courts step in?
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Direct Democracy
Articles & Essays
The Right To Amend State Constitutions
Jessica Bulman-Pozen & Miriam Seifter
09.14.23
Last Updated 11.30.23
This Essay explores the people’s right to amend state constitutions, particularly in states that recognize the constitutional initiative. Together with other democratic rights that appear in state constitutions but not the federal charter, the right to amend recognizes popular sovereignty as an active commitment. After describing the right to amend and canvassing current threats, the Essay considers practical and theoretical implications. It argues that democratic proportionality review can help courts distinguish valid regulation of the initiative process from subversion of it. And it explores the distinctive constitutional architecture to which popular amendment contributes.