PCCR's Democratic Function and Functional History

This chapter presents two different theories concerning the democratic function of the Periodic Constitutional Convention Referendum (PCCR): Modernization Theory and Constituent Power Theory. Modernization Theory focuses on the ease of updating a constitution. Constituent Power Theory focuses on the conflict of interest between the constituent and constituted powers. Constituent powers can be divided into initiation, proposal, and ratification power. This book focuses on constituent initiation power. The democratic function of a PCCR clause depends on the competing constitution-making mechanisms available in each constitution. Thus, its function can change even when a PCCR clause does not change. New York's 1846 Constitution marks the first modern use of PCCR in the sense that it is the first time the PCCR competes in the same constitution with a legislature-dominated constitution-making procedure. But there are many additional variables that influence PCCR's democratic function, including the comparative ease of legislature vs. convention proposal and ratification. The birth of the constitutional ballot initiative in the early 20th century significantly altered PCCR's democratic function in the six PCCR states that currently have the constitutional initiative.