I know there’s not an existing avenue to get a national referendum on the ballot, but is there a path through the court system, the damages being that the elected representatives are benefiting from a system (specifically campaign funding) that actually hurts the democratic processes and all citizens?
3 Answers
This would require a constitutional amendment (overriding the First Amendment), which can be done in two ways. Congress can write an amendment and submit it to the states; or the states can call for a convention. None of these methods can be implemented by any number of courts.
...but is there a path through the court system, the damages being that the elected representatives are benefiting from a system (specifically campaign funding) that actually hurts the democratic processes and all citizens?
No there is not. The remedy envisioned by the Founders is that those elected officials who are found by their constituents to be abusing the powers of their office can be unseated in the next election.
Is it possible that some "progressively" minded court would attempt to "legislate from the bench" and implement such a scheme? I'd say anything is possible given today's judicial environment but getting courts to agree on this all the way to SCOTUS is quite a stretch.
Such an order would be unconstitutional under Article I Section 1:
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
A referendum would vest legislative powers in the electorate instead of Congress.
