Changes

The Republicans held their majority in the House of Representatives, despite the coattails of the Democrats winning the presidency and improving their majority in the U.S. Senate to 55-45.  (The U.S. Senate has two Independents, but they will likely "caucus" or vote with the Democrats, and thus are usually included in the Democrats' overall tally.)

The Republicans held their majority in the House of Representatives, despite the coattails of the Democrats winning the presidency and improving their majority in the U.S. Senate to 55-45.  (The U.S. Senate has two Independents, but they will likely "caucus" or vote with the Democrats, and thus are usually included in the Democrats' overall tally.)

The House of Representatives (the "House") is historically the most powerful part of government, as it is the starting point for all financial issues, such as the annual budget.  By retaining control of the House, Republicans remain on equal footing with the Democrats with respect to any new legislation that will be proposed.  This "divided government" may result in "gridlock" (a term for when nothing new becomes law because Democrats control part of government and Republicans control the other part, and they do not agree).

The House of Representatives (the "House") is historically the most powerful part of government, as it is the starting point for all financial bills, such as the annual budget.  By retaining control of the House, Republicans remain on equal footing with the Democrats with respect to any new legislation that will be proposed.  This "divided government" may result in "gridlock" (a term for when nothing new becomes law because Democrats control part of government and Republicans control the other part, and they do not agree).

=== Initiative and Referendum ===

=== Initiative and Referendum ===

====Initiatives====

====Initiatives====

An "initiative" is when the people put a proposed law directly on the ballot themselves, by obtaining enough signatures beforehand on a petition to do this.  South Dakota was the first state to allow this, beginning in 1898 (more than 100 years ago).  Now 24 states (not New Jersey) allow the passage of new laws by the initiative process.<ref>http://www.ncsl.org/legislatures-elections/elections/initiative-referendum-and-recall-overview.aspx</ref>  Sometimes people can even amend their state constitution this way.  A map of which states allows initiatives is available on the internet.<ref>http://www.iandrinstitute.org/statewide_i&r.htm</ref>

An "initiative" is when the people put a proposed law directly on the ballot themselves, by obtaining enough signatures beforehand on a petition to do this.  South Dakota was the first state to allow this, beginning in 1898 (more than 100 years ago).  Now 24 states (not New Jersey) allow the passage of new laws by the initiative process.<ref>http://www.ncsl.org/legislatures-elections/elections/initiative-referendum-and-recall-overview.aspx</ref>  Sometimes people can even amend their state constitution this way.  A map of which states allow initiatives is available on the internet.<ref>http://www.iandrinstitute.org/statewide_i&r.htm</ref>

The basic characteristic of an "initiative" is that it is initiated by the people, by obtaining thousands of signatures on a petition.  There are two types of initiatives:  direct and indirect.

The basic characteristic of an "initiative" is that it is initiated by the people, by obtaining thousands of signatures on a petition.  There are two types of initiatives:  direct and indirect.

====Referendum====

====Referendum====

A referendum has two types:  a legislative referendum and a popular referendum.  The plural of referendum, because it is Latin, is "referenda".

A referendum has two types:  a legislative referendum and a popular referendum.  (By the way, the plural of referendum, because it is Latin, is "referenda".)

A legislative referendum is a bill put by the state legislature on the ballot for a vote by the people.  A popular referendum is when the people exercise their right to approve or repeal a bill that the legislature has already passed.

A legislative referendum is a bill placed by the state legislature on the ballot for a vote by the people.  A popular referendum is when the people exercise their right to approve or repeal a bill that the legislature has already passed.

New Jersey does have the legislative referendum when the legislature seeks to amend the state constitution, or in circumstances relating to increasing the debt of state government.  The legislature cannot amend the state constitution by itself; a legislative referendum is needed in order to change the state constitution.  Also, the New Jersey Constitution requires the state to balance the budget each year, so a legislative referendum is needed to approve incurring new long-term debt (as in issuing bonds).

New Jersey does have the legislative referendum when the legislature seeks to amend the state constitution, or in circumstances relating to increasing the debt of state government.  The legislature cannot amend the state constitution by itself; a legislative referendum is needed in order to change the state constitution.  Also, the New Jersey Constitution requires the state to balance the budget each year, so a legislative referendum is needed to approve incurring new long-term debt (as in issuing bonds).

All 50 states have procedures allowing legislative referendum.

All 50 states have procedures allowing legislative referendum.

The popular referendum is very different.  It allows the people to repeal a law recently passed by the legislature.  If the people gather enough signatures within a period of time after a legislature passes a new law -- typically 90 days -- then the law is placed on the ballot for a public vote.  The law may not go into effect until the people vote on it.  Most of the states that allow initiatives by the people regardless of whether the legislature passed the law, also allow the people to veto a law recently passed by the legislature through this mechanism of the popular referendum.  In total, 24 states (not New Jersey) allow the popular referendum.  Most of these states are in the Midwest and West.

The popular referendum is very different.  It allows the people to repeal a law recently passed by the legislature.  If the people gather enough signatures within a period of time after a legislature passes a new law -- typically 90 days -- then the law is placed on the ballot for a public vote.  The law may not go into effect until the people vote on it.  Most of the states that allow initiatives also allow the people to veto a law recently passed by the legislature, through this mechanism of the popular referendum.  In the past decade, Democrats in Ohio and South Dakota overturned good laws passed by their legislatures by using a popular referendum.  In total, 24 states (not New Jersey) allow the popular referendum.  Most of these states are in the Midwest and West.

====History====

====History====

Initiatives and referenda originated in the [[Progressive Era]] of the early 20th century.  Many students instinctively like this concept.  It bypasses the special interest groups and lobbyists, and lets the people make a decision themselves about what is good.  And on some issues, what a majority of the people want is a good thing.  But often it is not, and the Founders of our Nation opposed a pure democracy.  Recall what Ron Paul said at the outset of this lecture:  "pure democracy is dangerous."

Initiatives and referenda originated in the [[Progressive Era]] of the early 20th century.  Many students instinctively like this concept.  It bypasses the special interest groups and lobbyists, and lets the people make a decision themselves about what is good.  And on some issues, what a majority of the people want is a good thing.  But often it is not, and the Founders of our Nation opposed a pure democracy.  Recall what Ron Paul said at the outset of this lecture:  "pure democracy is dangerous."

There are many examples of when the majority view of the people is not what is best for the Nation.  When a proposed law to increase the minimum wage is put on the ballot for a vote by the people, it wins nearly every time because most people do not understand economics.<ref>A rare exception was in 1996 in Missouri, when a minimum wage referendum in Missouri was defeated "overwhelmingly." [http://www.mdn.org/1996/STORIES/NEWS32.HTM#3]</ref>  They think that laws increasing the minimum wage make people better off, because they make more money at their jobs.  Most people do not realize that a higher minimum wage results in more unemployment, because businesses cannot hire as many people.  A higher minimum wage also results in fewer young people going to college, because they decide to make more money working instead.  Some of those young people would have been better off by going to college and obtaining a better job later.

There are many examples of when the majority view of the people is not what is best for the Nation.  When a proposed law to increase the minimum wage is put on the ballot for a vote by the people, it wins nearly every time because most people do not understand economics.<ref>A rare exception was in 1996 in Missouri, when a minimum wage referendum in Missouri was defeated "overwhelmingly." [http://www.mdn.org/1996/STORIES/NEWS32.HTM#3]</ref>  They think that laws increasing the minimum wage make people better off, because they then earn more money for doing the same work.  Most people do not realize that a higher minimum wage results in more unemployment, because businesses cannot hire as many people at the higher wages.  A higher minimum wage also results in fewer young people going to college, because they decide to make more money working instead.  Some of those young people would have been better off by going to college and obtaining a better job later.

The States of Colorado and Washington had initiatives on their ballots this Election Day to make it legal for people to smoke marijuana.  Most people voted for these initiatives, so they became law, but the result will be very harmful for society.  There will be more drivers on the road who are on drugs and hurt other people due to accidents.  There will be more crime resulting from the drug use, and more students will drop out of school or lose their job because they became addicted to the drugs.  There will be more health problems, as drug use has been associated with increased brain tumors and other serious problems.  What the majority of the people approved is not what is best for society, and this illustrates why the Founders opposed a democracy.  Elected representatives would not have approved these laws that the people passed.

The States of Colorado and Washington had initiatives on their ballots this recent Election Day to make it legal for people to smoke marijuana.  Most people voted for these initiatives, so they became law, but the result will be very harmful for society.  There will be more drivers on the road who are on drugs and crash into other people with accidents.  There will be more crime resulting from the drug use, and more students will drop out of school or lose their jobs because they became addicted to the drugs.  There will be more health problems, as drug use has been associated with increased brain tumors and other serious problems.  What the majority of the people approved is not what is best for society, and this illustrates why the Founders opposed a democracy.  Elected representatives would not have approved these laws that the people passed.

In New Jersey, the people voted to allow state colleges to go into debt amounting to $750 million, despite already being in enormous debt.  People voted for it because they thought it would improve education for students, despite adding more debt burdens.

In New Jersey, the people voted to allow state colleges to go into additional debt in the amount of $750 million, despite already being in enormous debt.  Perhaps people voted for it because they thought it would improve education for students, without recognizing how harmful more debt is.

=== Recall ===

=== Recall ===

Republican Arnold Schwarzenegger was elected governor of California after the Democrat, Gray Davis, was recalled and removed from office in 2003.  Prior to that, the only time a governor was recalled from office was in 1921, in North Dakota.

Republican Arnold Schwarzenegger was elected governor of California after the Democrat, Gray Davis, was recalled and removed from office in 2003.  Prior to that, the only time a governor was recalled from office was in 1921, in North Dakota.

But many officials other than governor can be recalled from office by this procedure of gathering enough signatures to hold a special election.  In New Jersey, the governor has never been recalled, but other officials have been. The New Jersey Constitution provides:

Many officials other than governor are recalled from office by this procedure of gathering enough signatures to hold a special election.  In New Jersey, the governor has never been recalled, but other officials have been. The New Jersey Constitution provides:

{{cquote|The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress. The Legislature shall enact laws to provide for such recall elections. Any such laws shall include a provision that a recall election shall be held upon petition of at least 25% of the registered voters in the electoral district of the official sought to be recalled.}}

{{cquote|The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress. The Legislature shall enact laws to provide for such recall elections. Any such laws shall include a provision that a recall election shall be held upon petition of at least 25% of the registered voters in the electoral district of the official sought to be recalled.}}

:No sooner than 50 days before the completion of the state official's first year in office, a recall committee of at least three people may form and submit to the state a short petition to recall the petition.  The state official must respond within three business days, and also notify the incumbent that there is an effort to recall him. If the petition is approved, then the recall committee must obtain signatures of other registered voters over the next 160 days (320 days to recall the governor).  The number of signatures must be at least 25% of the registered voters in the relevant jurisdiction in the last general election.  Those signatures are then turned in to the state election official, who must determine within 10 days whether enough signatures were obtained.

:No sooner than 50 days before the completion of the state official's first year in office, a recall committee of at least three people may form and submit to the state a short petition to recall the petition.  The state official must respond within three business days, and also notify the incumbent that there is an effort to recall him. If the petition is approved, then the recall committee must obtain signatures of other registered voters over the next 160 days (320 days to recall the governor).  The number of signatures must be at least 25% of the registered voters in the relevant jurisdiction in the last general election.  Those signatures are then turned in to the state election official, who must determine within 10 days whether enough signatures were obtained.

In 2010, your instructor argued a case before the New Jersey Supreme Court to establish a right to recall a U.S. Senator by this procedure.  Several students attended the oral argument in Trenton, and the gallery was overflowing.  But by a 4-2 vote, the New Jersey Supreme Court held that the provision in the New Jersey Constitution allowing the recall of federal officials, specifically U.S. Senators, was unconstitutional under the U.S. Constitution.

In 2010, your instructor argued a case before the New Jersey Supreme Court to establish a right to recall a U.S. Senator by this procedure.  Several homeschooled students attended the oral argument in Trenton, and the gallery was overflowing.  But by a 4-2 vote, the New Jersey Supreme Court held that the provision in the New Jersey Constitution allowing the recall of federal officials, specifically U.S. Senators, was unconstitutional under the U.S. Constitution.

== Lame Duck Congress ==

== Lame Duck Congress ==

But there is no easy agreement:  the federal government is losing money at a rate that is even faster than the $700 billion savings.  In other words, even if the automatic cuts and tax increases occur, the United States will still be running an annual deficit.

But there is no easy agreement:  the federal government is losing money at a rate that is even faster than the $700 billion savings.  In other words, even if the automatic cuts and tax increases occur, the United States will still be running an annual deficit.

Simply put, the United States government has become like a bankrupt company that continues to spend more money than it makes.  In the business world, such companies go out of business, but that is not an option for the United States government either.   

Simply put, the United States government has become like a bankrupt company that continues to spend more money than it makes.  In the business world, such companies go out of business, but that is not an option for the United States government.   

=== Filibuster Rule in the U.S. Senate ===

=== Filibuster Rule in the U.S. Senate ===

The House of Representatives  procedures are similar to "Roberts' Rules of Order," which is the standard set of rules governing parliamentary procedure in most organizations, public or private, in the United States.  Indeed, Roberts' Rules of Order were originally based on the procedures used by the House in the 19th century.

The House of Representatives  procedures are similar to "Roberts' Rules of Order," which is the standard set of rules governing parliamentary procedure in most organizations, public or private, in the United States.  Indeed, Roberts' Rules of Order were originally based on the procedures used by the House in the 19th century.

The U.S. Senate has its own set of procedures, which are unique in the world.  It is run more like a small club, where merely one member (senator) can delay and block something that a majority wants to do.  This is called a "filibuster", when one person blocks a vote on a bill even though a majority wants it to pass.  A traditional filibuster was when the person stood up and talked about the bill for hours, simply to delay a vote on it.  Nowadays the talking part is not necessary.  One senator can block a vote on a bill in the senate simply by invoking his power to filibuster it.

The U.S. Senate has its own set of procedures, which are unique in the world.  It is run more like a small club, where merely one member (senator) can delay and block something that a majority wants to do.  This is called a "filibuster", when one person blocks a vote on a bill even though a majority wants it to pass.  A traditional filibuster was when the person stood up and talked about the bill for hours, simply to delay a vote on it.  Nowadays the talking part is not necessary.  One senator can block a vote on a bill in the Senate simply by invoking his power to filibuster it.

Under Senate rules that are re-approved at the outset of every session, a filibuster will stop a bill unless 60 out of 100 senators vote for "cloture" to "close" or the filibuster and allow a vote to continue.

Under Senate rules that are re-approved at the outset of every session, a filibuster will stop a bill unless 60 out of 100 senators vote for "cloture" to "close" the filibuster and allow a vote to continue.

Democrats have 55-45 majority in the new Senate, which is enough to pass bills but not enough to end filibusters.  After the election, Democrats are planning to change the cloture requirement from 60 to 50 votes, so that Republicans would be unable to block votes.  Republicans oppose this change, and say that Senate rules require a 2/3rds vote to approve such a claim.<ref>http://www.chicagotribune.com/news/nationworld/sns-bc-us--senate-filibuster-fight-20121111,0,4662240.story</ref>

Democrats have 55-45 majority in the new Senate, which is enough to pass bills but not enough to end filibusters.  After the election, Democrats are planning to change the cloture requirement from 60 to 51 votes, so that Republicans would be unable to block votes on the bills.  Republicans oppose this change, and say that Senate rules require a 2/3rds vote to approve such a claim.<ref>http://www.chicagotribune.com/news/nationworld/sns-bc-us--senate-filibuster-fight-20121111,0,4662240.story</ref>

Defenders of the filibuster rule in the Senate point out that it has worked well for a long time, and it is important for a group of senators to be able to block legislation even if a majority want to pass it.  After all, more bad laws are passed than good ones, so anything that enables slowing down or blocking legislation may be good for the Nation.  The filibuster can also be used to block the confirmation of controversial judges to the federal courts.

Defenders of the filibuster rule in the Senate point out that it has worked well for a long time, and it is important for a group of senators to be able to block legislation even if a majority want to pass it.  After all, more bad laws are passed than good ones, so anything that enables slowing down or blocking legislation may be good for the Nation.  The filibuster can also be used to block the confirmation of controversial judges to the federal courts.