This work discusses how initiative elites are reacting to the high level of judicial review of their successfully passed ballot measures and why those actions are failing to decrease the number of judicial nullifications. For the past 30 years, state ballot measures have been challenged and nullified by the courts 50% of the time. The resulting tension between direct democracy(initiative and referendum) and the courts is readily apparent. Dr Manweller=s research shows that initiative elites have benefited from institutional learning, becoming more sophisticated and politically knowledgeable. However this has not had a great effect of the rates of ballot measure nullification. Manweller explains why, despite institutional learning and attempts to promote a more pliant judiciary rates of nullification have remain very high.
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