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

Is Education No Longer the Primary Mission of Our Public Schools?

Did you know that the state of Oklahoma is currently experiencing not one, but two pandemics? Until yesterday, neither did I. According to the Oklahoma City School District, the state is currently experiencing the “dual pandemics of COVID-19 and Systemic Racism,” and has decided to spend valuable time and resources to ensure that their teachers learn how to “practice alternative ways of relating to…[their]students.” In the meantime, teachers are supposed to conduct their classes online   into November. Unfortunately, if the District doesn’t adequately prepare their teachers to use the available online learning platforms, it won’t matter how woke they are, they won’t be interacting with their students at all.   At this point, we really have no idea what the school year will look like, and school districts have given little basis for optimism that students will actually learn anything. Oklahoma City public schools closed in March and “went online.” However, due to lack of suffi...

Protecting Your Rights: Interpreting Law by Its Plain Meaning

When deciding whether people have broken laws, should judges consider the intent of the legislators who wrote the law? Or simply consider the plain language of the law as written? Legal scholars have debated this question for decades. However, there is only one answer that protects We The People. The Declaration of Independence states, “Governments are instituted among Men, deriving their just powers from the consent of the governed.” This means, among other things, that only laws actually voted on by the people (or their validly elected representatives) can be legitimately enforced. Any purpose not written into the law was not voted on, and so should not be imposed. What does this have to do with interpreting laws? In the republican form of government, the citizens speak through their elected representatives. These representatives pass laws collectively, almost always through two legislative bodies (House and Senate) and an executive (President or...

How Oklahoma Can Be Number One in Covid Policy

South Dakota, that sound you hear behind you is footsteps. Oklahoma can be Number One in the policy response to Covid-19. We’ve done fairly well to this point compared to other states, but to take us to the top, our leaders will need good, accurate information, must ignore hyperbole (often outright falsehoods) from the media-politico controversy machine, and should trust individual Oklahomans to do what is best for themselves and their families. Oh, and it would help to have some courage in the face of criticism (or ear plugs to tune out the whining). Fortunately, 1889 Institute has compiled a very helpful webpage containing the cold, hard facts about SARS-CoV-2. Based on these facts, not hysteria and virtue signaling, we recommend some straightforward policy responses. The page is here for anyone who wants to arm themselves with knowledge, rather than bask in the newly virtuous habit of broadcasting how afraid and ignorant one is. For example, did you know that the evidence for wid...

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...