Direct democracy is feasible today to an extent that it was not feasible in 1787. Does that change the calculus in choosing between direct democracy and representation? What lessons, positive or negative, can be learned from the state experience with initiatives and referenda? Should Congress set up a system of national initiatives and referenda? Can Congress delegate its legislative power to the American people without violating the nondelegation doctrine? Should national initiatives and referenda be binding or merely advisory? Would it be acceptable for a national referendum to alter a law so as to effectively reverse a Supreme Court decision? Should the health care law be subject to such a referendum? Should increases in the national debt or in taxes be subject to voter approval?
FRIDAY, NOVEMBER 19
Showcase Panel II: Government of the People, by the People, and for the People?
10:15 a.m. – 12:00 noon
- Prof. Robert D. Cooter, Herman F. Selvin Professor of Law, and Director, Program in Law and Economics, University of California Berkeley School of Law
- Prof. Richard A. Epstein, Laurence A. Tisch Professor of Law, New York University School of Law
- Prof. William N. Eskridge, Jr., John A. Garver Professor of Jurisprudence, Yale Law School
- Prof. Thomas W. Merrill, Charles Evans Hughes Professor of Law, Columbia University School of Law
- Moderator: Prof. Steven G. Calabresi, George C. Dix Professor of Law, Northwestern University School of Law, Chairman, The Federalist Society for Law and Public Policy Studies
The Mayflower Hotel