delegating power to legislative bodies, “the people can reserve to themselves power to deal directly with matters which might otherwise be assigned to the legislature.” Id. at 672, 96 S.Ct. at 2361. South Dakota’s referendum “is a means for direct political participation, allowing the people the final decision, amounting to a veto power, over enactments of representative bodies. The practice is designed to ‘give citizens a voice on questions of public policy.’” Id. at 673, 96 S.Ct. at 2363 (quoting James v. Valtierra, 402 U.S. 137, 141, 91 S.Ct. 1331, 1333, 28 L.Ed.2d 678 (1971)). The Referendum process is subject to the same constitutional limitations as other legislative acts. Cf. City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 448, 105 S.Ct. 3249, 3259, 87 L.Ed.2d 313 (1985) (<HOLDING>); Eastlake, 426 U.S. at 676, 96 S.Ct. at 2363
holding that the electorate cannot order governmental action through a referendum which violates the equal protection clause of the fourteenth amendment holding that the confrontation clause is applicable to the states through the fourteenth amendment holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment holding that racially discriminatory use of peremptory challenges violates the equal protection clause of the fourteenth amendment holding that neither the due process clause nor the equal protection clause of the fourteenth amendment require the appointment of counsel on a petition for discretionary review to a state supreme court