Subverting democracy in Montana

In the last election cycle, voters in Missoulian County, Montana passed a citizen’s initiative urging local law enforcement to ignore marijuana offenses. However, last week, county officials voted 2-1 to amend the measure based on a “gut feeling [1]” that the voters did not know what they were passing:

Much of the criticism, online and off, has alluded to County Attorney Fred Van Valkenburg's position that a “gut feeling” led him to conclude Missoula's electorate misinterpreted the ballot language. The tone of Wednesday's public hearing, which was teeming with 20-something adults, went from inquisitive to indignant when Van Valkenburg used the phrase “gut feeling,” which many called insulting.

When people warn of the tyranny of the majority, they are talking about egregious offense to the minority that result in the suspension or prevention of equal rights based on, oh, I don’t know, say … sexual orientation? However, absent this standard, “tyranny of the majority” is more commonly referred to as “Democracy” and in no case does a representative retain the right to subvert a voter-passed referendum simply because they find it unpalatable. Hey, sometimes democracy sucks – just ask anyone who has had to survive radical GOP majorities for the past six years.

Representatives are placed in office to serve the will of their constituent majorities to the best of their ability. Absent federal or state supersedance or judicial restraint, voter referendum is absolute and iron-clad. But then again, who can blame Missoula County for their unconscionable behavior when they were only following in the example [2] set by the Bush executive branch.

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