Gavin Howe
Citizens can reverse laws, but the process varies depending on the country and the type of law. In the United States, for example, citizens can introduce state statutes, but only in 21 states. Of those, only Arizona and California have made it illegal to change an initiative without putting it back to the voters. In other states, laws are fair game for reversal. Additionally, citizens can push for the reversal of Supreme Court decisions, such as the 2010 Citizens United case, through legislative, judicial, or constitutional amendment action. Lawmakers argue that laws should evolve with the times and be fixed if they are flawed.
| Characteristics | Values |
|---|---|
| Citizens' ability to reverse laws | Varies by state |
| Number of states where citizens can introduce state statutes | 21 |
| Number of states where it is illegal to change an initiative without putting it back to the voters | 2 (Arizona and California) |
| Number of states where laws can be changed or repealed at will | 11 (plus D.C.) |
| Citizens' ability to reverse Supreme Court decisions | Yes, by means of legislative or judicial action or Constitutional amendment |
What You'll Learn
Citizen-driven amendments
In the United States, citizens can reverse laws through citizen-driven amendments. However, the process and requirements for doing so vary by state. For example, in Florida, citizens successfully passed an amendment legalising medical marijuana, but the legislature subsequently banned smoking medical marijuana, making the implementation of the first law more difficult.
There are only 21 states where state statutes can be introduced by citizens. Of those, only two states, Arizona and California, have made it illegal to change an initiative without putting it back to the voters. In the remaining states, citizen-driven initiatives are fair game for reversal, and 11 states (including D.C.) can change or repeal initiatives at will, without any restrictions.
Legislators who support these reversals argue that laws should evolve with the times and be fixed if they are flawed. However, some citizen-led initiatives have strayed from grassroots movements due to the influence of national interest groups and out-of-state money, which can lead to legislators justifying the re-imagining of laws.
One example of a citizen-driven amendment is the effort to reverse "Citizens United", a 2010 U.S. Supreme Court decision that overturned campaign finance regulations. The decision created an imbalance of power, with large corporations dwarfing the average American's ability to influence elected officials. Grassroots groups, such as Reverse Citizens United in Monroe County, Indiana, are dedicated to reversing this decision through legislative, judicial, or constitutional amendment action.
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Voter-led initiatives
Only two states, Arizona and California, have made it illegal to change a voter-led initiative without putting it back to the voters. This provides a strong safeguard for citizen-driven laws and ensures that the people's voice is respected and protected. In other states, voter-led initiatives can be reversed or changed at the will of the legislative body, without any restrictions on timing or majority requirements.
The ability for citizens to initiate laws is an important aspect of democracy and provides a mechanism for citizens to have a direct impact on the policies that affect their lives. However, it is also important to recognise that laws are meant to evolve and adapt to changing circumstances. Lawmakers may argue that they have a responsibility to fix flawed laws, even if they were initially passed by citizens. This highlights the complex balance between respecting the will of the people and ensuring that laws remain effective and relevant over time.
In some cases, voter-led initiatives may be influenced by special interest groups or out-of-state money, rather than truly representing the grassroots will of the citizens. This can lead to laws that are not in the best interests of the community and may require legislative intervention to correct. Overall, while voter-led initiatives are a valuable tool for citizen engagement, they must also be subject to appropriate oversight and potential reversal in certain circumstances.
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Reversing Supreme Court decisions
Citizens can reverse laws, but it depends on the state. In 21 states, citizens can introduce state statutes, but only two states (Arizona and California) have made it illegal to change an initiative without putting it back to the voters.
Since 2007, the Supreme Court has released opinions in 1,250 cases, reversing a lower court decision 891 times (71.3%) and affirming a lower court decision 347 times (27.8%). The Supreme Court hears and reaches decisions in an average of 74.3 cases each year. For example, during its 2023 term, the Court decided 62 cases, reversing a lower court in 44 (70.97%) of them. The Ninth Circuit and Fifth Circuit originated the most cases decided this term (10 each), and the Fifth Circuit overturned cases the most times (8).
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Changing constitutional amendments
Citizens can reverse laws, but the process varies depending on the jurisdiction. In some places, citizens can directly introduce and change state statutes, while in others, the process is more complex. For example, in Florida, citizens successfully amended the state constitution to legalise medical marijuana, but the legislature subsequently banned smoking it, making the initial amendment harder to implement.
There are only two states in the US, Arizona and California, that have made it illegal to change an initiative without putting it back to the voters. In the remaining states, initiatives are fair game for reversal, and 11 states (plus DC) can change or repeal initiatives without any restrictions.
Citizens can also attempt to reverse laws through legislative or judicial action, or by proposing a constitutional amendment. For example, Congresswoman Pramila Jayapal introduced a constitutional amendment to reverse the Citizens United decision, which refers to a 2010 US Supreme Court decision that overturned campaign finance regulations, giving corporations more influence than individual citizens.
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State statutes
In the United States, there are 21 states where state statutes can be introduced by citizens. However, only two states (Arizona and California) have made it illegal to change an initiative without putting it back to the voters. In the remaining states, laws are fair game for reversal. There are also 11 states (and Washington, D.C.) that can change or repeal initiatives at will, without any restrictions.
Legislators who support reversals argue that laws are made to evolve with the times and should be able to be fixed if they are flawed. However, some argue that this gives too much power to large corporations, and that the average American's ability to influence elected officials is dwarfed.
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Frequently asked questions
Yes, but it depends on the state. There are only two states (Arizona and California) that have made it illegal to change an initiative without putting it back to the voters.
Citizens can reverse laws by means of legislative or judicial action or constitutional amendment.
Citizens United. This was a US Supreme Court decision in 2010 that overturned a century of campaign finance regulations.
Lawmakers who support reversals argue that laws are made to evolve with the times and should be able to be fixed if they are flawed.
Some people argue that it creates an enormous imbalance of power in which the average American's ability to influence elected officials is dwarfed by large corporations.
