The Referendum in America a Discussion of Law Making By Popular Vote

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Hamer, and Same v. Hill, 38 Miss. , 652, the question reached a decision in the Supreme Court of that State. The cases arose out of " an act to aid in repairing and perfecting the levee of the Missis- sippi river, " which provided for a vote of the people of certain counties, on the proposition for a special tax levy. The court here said : " The legislative power, to whatever subjects it may be applied, and whatever may be its extent, is vested exclusively in the Senate and House of Representat...ives by the people in whom it resides. They have by the highest and most solemn of compacts, the constitution, voluntarily relinquished their right to exercise it. To allow the Legislature to associate with them in the exercise of the legislative function another tribunal, or to cast back upon the people their delegated powers, would be tantamount to Opinions by the State Courts. 119 a subversion of the constitution, by changing the distribution of the powers of the government without the consent of the authority by which it was ordained.

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