No where in the US constitution is any thing mentioned about direct democracy. The power of the people rests in their ability to elect representative.
Referendums are tools of tyranny. Vaguely worded, allowing only a yes or no in a situation that is much more complicated than a simple paragraph can allow.
For instance, we'll look at my glorious state.
First, Gov. Jeb Bush can't get a law passed requiring a max # of students in class rooms. It was outside the budget, so he could only get it passed by referendum. It's like that Nextel commercial with the firefighters: "Hey you guys want more teachers?" This forced a Rep. St. Congress to pass a tax hike.
Gov. Charlie Christ then endorses a "Tax Cut". He figured property values would keep going up so a tax cut wouldn't hurt property tax revenues... "Hey you guys want lower taxes?" oops.
Now the FL Constitution says: Small Classrooms and Low Property Taxes.
The legislature had to do something, they had to pick one or the other. Next year, they are laying off teachers. Thank god FL is already #48 in the country for education, so the fall won't be too far.
Moral of the story:
The state constitution is no longer valid.
Same in CA, the constitution says: "No discrimination based on Race, Religion, Age, Sexual Orientation...." and "No Same Sex Marriage"
Either way the court decides, California loses.
Edit: Found the commercial
I would cite regulation, but I know you will simply ignore it.
