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Suggested Draft of State Referendum to Support the Planned Constitutional Amendment

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Preface

The purpose of this Suggested Draft Referendum is to propose State Legislation to support the planned constitutional Amendment in principle. It does not commit the State. (A State could adopt this bill directly. Or, in the 24 States that have the initiative process an initiative can also be used.)

There are several reasons why this referendum could be beneficial to the State. However, its justification is based on the Congressional denialin law or in principleof the People's constitutional rights under the Preface and Article I Section 2 of the United States Constitution.

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

 

Proposed to the People by the Legislature

Vote cast by the Legislature on final passage dated [   ]:

House: Yeas [  ]; Nays [  ]

Senate: Yeas [  ]; Nays [  ]

Referendum Bill # [    ]

Preface

  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. The Congress should have acted to prevent various other major problems.

    The purpose of this bill is to find a permanent effective method to remedy problems of this type.

  2. This State recognizes that the Founding Fathers’ assurances made to the States, and the ensuing State responsibilities under the Constitution, 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.

    Based on these U.S. Constitutional obligations to act to resolve these Problems, the States believes this bill is an appropriate action.

  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/or initiative. A power reserved by the people is the initiative.] 

    Based on these State 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.

  4. The State Legislature believes that it should confirm the People's support for this legislation. This proposed bill is therefore referred to the voters by the Legislature for their decision at the next state-wide election.

Be It Enacted by the Legislature of the State of [     ]

Therefore, it is the people's will that this State shall support a U.S. Initiatives Amendment to the U.S. Constitution and that this State's Legislature shall apply to Congress to call an Article V Convention for proposing the Initiatives Amendment.

This Constitutional Amendment shall authorize nationwide United States Citizens' Initiatives. It shall establish a U.S. Citizens' Initiatives Assembly to manage the initiative process. The Assembly shall consist of a randomly selected cross-section of the People. The Assembly shall be independent, protected from tampering, responsible only to the People, and funded by the U.S. Government as an inalienable entitlement of the People.

An example is described in the attached Citizens' Initiatives Constitutional Amendment and referenced documents.

 

 

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Version 05.19
 June 06, 2008