cross-posted from: https://lemmy.world/post/31296448
https://en.wikipedia.org/wiki/Initiatives_and_referendums_in_the_United_States?wprov=srpw1_0
do you think there is a possibility for this ?
cross-posted from: https://lemmy.world/post/31296448
https://en.wikipedia.org/wiki/Initiatives_and_referendums_in_the_United_States?wprov=srpw1_0
do you think there is a possibility for this ?
Believe it or not, the US has no mechanism for a national election. While the Federal Government sets guidelines for elections, each state runs its own. Every election is on the state level. Even the Presidential Election, thanks to the Electoral College, is really just a weighted sum of the outcome of 50 state elections (and DC).
Even Constitutional Amendments go through a state-by-state ratification process.
I think it’s impossible to do any sort of true nationwide referendum without a Constitutional Amendment happening first. Remember that the Constitution explicitly states that any powers not explicitly given to the Federal Government are reserved for the States (and the People). So the power to have Federal referendums would need to be explicitly granted.
So you’re saying if enough states decided to have federal referendums, it would take an amendment to remove that power from the states? (Really though, a court would squash that quick)
I’m saying that States cannot have Federal referendums. States can have State Referendums. More than one state can hold a referendum at the same time if their own Constitutions allow it, but they are all still State Referendums.
The Federal government does not have the power to hold country-wide referendums, it would have to be given the power through an amendment, which would also specify the parameters (and, more importantly, the limits) of this new power the people are giving to its Federal Government.
(This all assumes the Constitution still matters, which is a matter for debate these days)