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rights of unpopular or minority groups or other politically salient issues can be adecpiately undertaken <br />in a media campaign where dollars buy sound bites. Deliberation of public policy requires more than <br />that. <br />In sum, democracy and populism stand for more than pure unmediated majority Wile. Democracy <br />requires a careful balance of rights and policy considerations often not adequately saited to initiative <br />and referendum. <br />Courts do not always <br />Defer to Ballot Measures <br />Another way m which the spirit of populism is fiustrated by initiative and referendum is in the lack of <br />deference the courts often have towards ballot measares. <br />In general courts will defer to the will of legislatures so long as there is a rational basis to the policy <br />adopted and there is some legislative findiag of fact to support the poi_icy. However, in the case of <br />ballot measures, there is often very little if no finding of fact or legislative hearings to support the <br />initiative or referendum. Therefore, the courts are unwilling to afford the same deference to initiative <br />and referendum as they world to acts of a state legislature. Thos, any expression of populism that <br />appears to occur as a result of ballot measures disappears once they face judicial review and <br />challenges. <br />Conclusion <br />Initiative and referendum can be important tools in a democracy. Yet because of the potential to <br />encourage special interest money in amedia-charged campaign there are numerous problems with <br />~; . initiative and referendum that this is not democratic reform for 1Vfiunesota. <br />Thank you very much. <br />+~ , <br />3 <br />