Skip to main content

Present Reforms to Keep the Ghost of State Questions Past from Creating Future Headaches


Oklahoma, like many western states, allows its citizens to directly participate in the democratic process through citizen initiatives and referendums. In a referendum, the legislature directs a question to the people — usually to modify the state constitution, since the legislature can change statutes itself. An initiative requires no legislative involvement, but is initiated by the people via signature gathering, and can be used to modify statute or amend the constitution.
Collectively, the initiatives and referendums that make it onto the ballot are known as State Questions. 


Recently, there have been calls to make it more difficult to amend the constitution. At least two proposals are being discussed. One would diversify the signature requirement by demanding that a proportional amount of signatures come from each region of the state. The other would require a sixty percent majority to adopt a constitutional amendment rather than the fifty percent plus one currently in place.


Both of these proposals come from a good place. The constitution is inherently higher than statute; that is to say, when a statute and a constitutional provision conflict, the constitution always carries the day. That means legislators cannot simply overrule it like they could an old statute. While this protects the minority from the tyranny of the majority, it also limits the options that legislators have when circumstances change. This means the constitution needs to be constructed with precision. It needs to provide protections for precious individual liberties, but it shouldn't be crammed full of specific policy determinations, especially those that may need to adapt to changing political or economic conditions. 


Protecting the minority from a tyrannical majority is a particularly compelling reason to make the constitution harder to amend. The U.S. Constitution is incredibly difficult to change, so very little policymaking happens there. However, most states operate similarly to Oklahoma, and the length and content of their constitutions reflects this low bar for amendment. But in this instance, the federal model gets it closer to right. There may be an argument that amending the U.S. Constitution should be easier, but its stringent procedures ensure that it contains only the elements one would expect in a constitution. So enacting one or both proposals to make our constitution tougher to amend should be an easy call, right? 


Almost. There is one very important caveat that must be considered: what about all those old State Questions? If we used a substandard mechanism to enact them, are we now comfortable locking them in at a new (heightened) standard? If you had a mortgage with a variable rate, would you switch to a fixed rate when interest rates were high? Of course not. 


Six months after SQ802 locked in balloon payments, why should we switch to the fixed rate? The time to do so would have been back when rates were low, and 802 had not yet been the subject of one of the most irregular elections in living memory (at least to that time). If a proper three quarters or even sixty percent majority had been required in June, we would not find ourselves in this mess; 802 fell far short of a supermajority, with a margin of victory of less than one percent. 


Changing the majority requirement now, without added protections, is akin to someone borrowing money to build a safe right after their house was robbed. There's nothing left to protect, and the effort would have been better put into rebuilding the lost wealth. Fortunately, Oklahoma doesn't have to make such a choice. It should be quite simple to grandfather in old state questions. The new amendment should simply add that any state question that was previously passed may be repealed according to the requirements in place at the time it was passed. This lets us safeguard the future while leaving room to undo past mistakes. 


Mike Davis is a Research Fellow at 1889 Institute. He can be reached at mdavis@1889institute.org. 


The opinions expressed in this blog are those of the author, and do not necessarily reflect the official position of 1889 Institute.

Popular posts from this blog

How Biden/Harris and Well-educated Sophisticates Are Wrong in the Age of COVID-19

Vice President-elect Kamala Harris often declared during the campaign that “We believe in science.” And judging by the tendency of the college-educated , especially among the sophisticates living on the coasts, to agree with Harris’s positions on everything from climate change to proper precautions amid COVID-19, belief in “science” seems to many a mark of knowledge and wisdom. But is it? The modern belief in “science” increasingly appears to be a religion wherein the words of certain recognized experts are received with the reverence once reserved for the Pope. A college diploma almost serves as a permission slip to suspend one’s own judgment and reason in favor of taking the word of certain experts to heart, especially if they work in government, certain universities, or gain media credence.   This tendency to turn experts and the media into high priests of all knowledge is nothing new. In 1986, 60 Minutes ran a story about a phenomenon people experienced in cars with automatic...

OKC Public Schools Elevating a Privileged Elite over Oklahoma Taxpayers

The hypocrisy of the Soviet Union’s pretense of egalitarianism was well known enough to be the subject of mockery and parody. Ronald Reagan never tired of the jokes . Soviet communism espoused equality, but the reality is that party apparatchiks and government officials enjoyed special perks that no one else had access to. This special class wasn’t officially paid much more than the average skilled worker, but enjoyed privileges like dachas on the coast or countryside, special stores with imported goods and without the endless lines that were commonplace everywhere else, and more advanced medical treatment. For all their talk about eliminating class distinctions, the Soviet nomenklatura —those “doing the people’s work”—could feather their nest with the best of ‘em. Apparently, a similar attitude reigns in our government schools. Our friends at OCPA report that Oklahoma City Public Schools (OKCPS) will not offer in-person instruction to students for the first nine weeks of school this ...

How to Fix OKC’s Transit: Get Rid of It

As a new resident of Oklahoma City's downtown, I have had the "privilege" of getting acquainted with the city's public transit system. I don't have a car, so I rely on alternative means of transportation; so far, none of the public options have impressed me. The streetcar is pretty, but I walk faster than it generally moves to my destinations and have yet to benefit from it. The buses aren't much better, so I have resorted to private solutions like Lyft to get around town.  Unfortunately, my experience with OKC's public transit system isn't unique. Sadly, public transportation often doesn't work all that well, especially given the cost. Only 20 percent of OKC residents are satisfied with the city's public transportation system, according to OKC's most recent survey of residents. Any private sector service with numbers that low would be starved for business, creating room in the market for a better company to provide service to cons...

Oklahoma Mayors Acted Unlawfully With COVID-19 Orders

In response to COVID-19, the mayors of Oklahoma’s three largest cities subjected their citizens to draconian shelter in place orders, restricting their freedom, damaging them financially, and undermining their constitutional rights. The mayoral decrees were more restrictive than those of the Governor, and in significant ways contradicted his policy. To this day, city-mandated social distancing rules remain in place in Oklahoma City, Tulsa, and Norman that are not required by the state’s reopening plan. The mayors claim that where their rules are more restrictive than the state’s, the city rules apply. Was any of this unilateral mayoral activity legally valid? For the reasons examined in my paper published today, An Argument Oklahoma’s Mayors Acted Unlawfully During COVID-19 , the short answer is no. (A summary of the paper can be found here .) A close examination of relevant city ordinances and state laws governing the mayors’ COVID-19 decrees forces the conclusion tha...