About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


54 Wash. L. Rev. 1 (1978-1979)
The Referendum: Democracy's Barrier to Racial Equality

handle is hein.journals/washlr54 and id is 17 raw text is: WASHINGTON LAW REVIEW LECTURE SERIES* THE REFERENDUM: DEMOCRACY'S BARRIER TO RACIAL EQUALITY Derrick A. Bell, Jr.** Provisions for referendums demonstrate devotion to democracy, not to bias, discrimination, or prejudice. -Justice Hugo Black*** For most Americans, whether or not legally trained, Justice Black's statement is unexceptional, accepted as a truism in harmony with the principles of life in a free society. As proponents of referenda and ini- tiatives never tire of asking, if voters are smart enough to elect repre- sentatives to make their laws, are they not just as able to make the laws themselves? At first glance, this seems logical. But blacks and other nonwhite groups in this society cannot afford the luxury of reli- ance on either truisms or the appearance of logic. Their status, suc- cess, and sometimes even survival may depend on an instant recogni- tion of the real danger lurking behind what whites might consider generally accepted principles. Experience is a far safer guide than rhetoric; and the experience of blacks with the referendum has proved ironically that the more direct democracy becomes, the more threat- ening it is. The threat is growing. Fueled by frustration with elected represen- tatives whose performances consistently fall far below their expendi- tures, voters are increasingly turning to do-it-yourself' government. In the twenty-three states and hundreds of cities that authorize direct * The Washington Law Review Lecture Series, now in its fifth year, is designed to bring outstanding speakers to the law school to discuss contemporary legal issues. The Review gratefully acknowledges the generous financial assistance provided by the Ev- ans Bunker Memorial Fund. ** Professor of Law, Harvard University; A.B., 1952 Duquesne University; LL.B., 1957, University of Pittsburgh. *** Jamesv. Valtierra, 402U.S. 137, 141 (1971).