This comment examines the thesis that the political process by which laws are enacted has constitutional significance and concludes that legislation enacted directly by voters warrants heightened judicial scrutiny under the fourteenth amendment. Part I chronicles the historical development of the initiative and referendum and surveys contemporary applications. Parts II and III examine the political underpinnings and ramifications of direct democracy and the constitutionality of the initiative process. Finally, Part IV proposes a constitutional law framework for heightened judicial scrutiny of laws enacted by popular vote.
Marc Slonim & James H. Lowe,
Judicial Review of Laws Enacted by Popular Vote,
55 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol55/iss1/4