Direct democracy's disaster: through the initiative process, Colorado recently passed a law with loads of unintended consequences.

• Author: Straayer, John A.
• Position: Constitutional amendment 41

On Nov. 7, 2006, Colorado voters handed critics of direct democracy the gold-standard example of the foolishness that the initiative process can produce. Nearly 100 years ago, Grove Johnson voiced his disdain for direct citizen lawmaking, which his son Hiram was so successful promoting in California, when he quipped, "the voice of the people is not the voice of God, for the voice of the people sent Jesus to the cross." Coloradoans haven't yet sent anyone to the cross, but they have made a prophet of the senior Johnson by endorsing a measure that has produced a confusing and comical mess rather than new and improved political "ethics," as promised by the sponsors.

Colorado's Amendment 41 carried the short title, "Standards of Conduct in Government," and passed with 62.6 percent of the vote. A constitutional amendment, 41 was intended to restrict gift-giving by interest groups and lobbyists to elected public officials and others in positions of public trust. It was also designed to prevent legislators from immediately becoming lobbyists after their terms of office.

But its consequences to date include issuance of official opinions to the effect that scholarships for children of public employees and performance awards for employees are probably illegal; the resignation of more than a half-dozen legislators; questions as to whether the newly elected governor may legally recruit legislators for positions in his cabinet; and the curtailment of Capitol breakfasts, which had been enjoyed by legislators, staffers and student interns for decades.

Most voters, and indeed, even Amendment 41's sponsors, saw the measure as a reasonable way to curtail questionable connections among interest groups and public officials and remove even the appearance of such where none existed, and to keep departing legislators from becoming instant lobbyists. Voters might be forgiven for what has resulted, since the actual language of the new law was lengthy and complex and 41 was just one of 14 ballot measures. But for amendment sponsors Common Cause and millionaire political activist Jared Polis--who following the adoption of their measure, said that they didn't really mean what it said--forgiveness may be more difficult.

THE POWER OF THE INITIATIVE

Amendment 41 was placed on the Colorado ballot through the initiative process. As described in the ballot title, which ran just under 200 words, and in the full constitutional text, the measure bans gifts to all public...