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Suggested DRAFT STATE INITIATIVE TO SUPPORT THE Planned CONSTITUTIONAL AMENDMENT

  
 

Preface

This Initiative is intended for use in the 24 States that have the initiative process but that appear reluctant to pass a bill or propose a referendum supporting this constitutional Amendment in principle.

There are several reasons why this initiative could be beneficial to the State. However, its justification is based on the Congressional denial—in law or in principle—of the People's constitutional rights under the Preface and Article I Section 2 of the U.S. Constitution.

The wording of State Constitutions vary, but they all recognize direct democracy by initiatives as a right of their people. This suggested draft will be modified by each State, and is presented below in a generic form.

  

INITIATIVE

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [      ]:

  1. The Federal Government denies the Citizens of this State their constitutional rights in law and/or in principle that:

    1. The federal Government promote the general welfare (i.e., well-being) of the People,

    2. The People shall choose their congressional representatives, and

    3. Should have acted to prevent various other major problems.

  2. This State recognizes that the Founding Fathers’ assurances made to the States are relevant to these Problems:

    1. The persons delegated to the administration of the national government will always be disinclined to yield up any portion of the authority of which they were once possessed.

    2. The People must rely on the disposition of the State legislatures to erect barriers against the encroachments of the national authority.

    3. The U.S. Constitution incorporated Article V's Second Method of amending the Constitution to accommodate precisely these types of Problems that are otherwise unsolvable within the Constitution.

    3. In this State [The Constitution is established by the people. All political power is inherent in the people. Free Governments derive their just powers from the consent of the governed. Governments are established for the people’s benefit and to protect and maintain their rights. The people have a right to alter or reform their government. The right of petition for the common good shall not be abridged. The people have the constitutional right of direct democracy by referendum and initiative. A power reserved by the people is the initiative.]  Based on these principles, this State desires to consider a Solution that will remedy the Congressional problems imposed upon the people of this State by providing a continuing constitutional means to check and balance the misused powers that have accumulated and would continue to accumulate to the Congress.

  3. Therefore, it is the people's will that this State shall support in principle a Solution of the type described in the attached Planned Citizens' Initiatives Assembly Constitutional Amendment with its two referenced documents, and incorporates them all herein by reference. If a sufficient number of other States do likewise, this State shall attend meetings of State officials (as a State not federal function) to coordinate a draft of a State-proposed constitutional Amendment based upon the referenced documents. If two-thirds (and preferably over three-fourths) of the States then concur with a single proposed U.S. Constitutional Amendment, this State shall support an application to Congress to call an Article V Convention, within a specified time from the date of the submission hereof to the Congress, to address only this single proposed Amendment. This State's application will avoid known pitfalls of the Second Method of proposing Amendments. Congress is constitutionally obliged to call said Article V Convention. If a Supreme Court challenge tries to delay or subvert this Amendment, this State shall oppose the challenge. Before this state attends an Article V Convention, a state or city must have demonstrated that a citizens' initiative assembly is practical. To the degree permitted under the “federal function” doctrine, this State shall encourage an affirmative vote that the Article V Convention adopt the Amendment. The Amendment will then return to the States, and to the degree permitted under the “federal function” doctrine, this State Legislature shall encourage ratification of the Amendment or shall call a State Convention and encourage it to ratify the Amendment, as the one or the other mode of ratification may be proposed by the Congress. If and when three-fourths of the State have ratified the Amendment, it will become part of the U.S. Constitution.
 

 

 
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Version 05.17
 May 09, 2008