Generic State Referendum Draft Bill
an Application to Congress for a
to Propose a
U.S. Citizens' Initiatives Amendment
Print and download formats:
The purpose of this Generic State Legislative Bill is to
serve as a reference for state
legislation to initiate the Nationwide Ballot Initiatives Constitutional Amendment process.
Variants of this bill can be adapted in all 50 states to processes
as legislation alone without a referendum.
However, the generic version shown here is for the
preferred method—a legislature-initiated referendum process. This
combines the authority of the States and of the People with overwhelming
constitutional implications. A
statute referendum process is available in 23
states (AZ, AR, CA, DE, ID, IL, KY, ME, MD, MA, MI, MO, MT, NE, NV, NM,
ND, OH, OK, OR, SD, UT, and WA). The remaining states all have other
forms of referendum process, primarily constitutional, for which
variants of the generic bill may be permissible.
It can also serve as a
reference for direct statute initiatives in 14 states (AZ, AR, CA, CO,
ID, MO, MT, NE, ND, OK, OR, SD, UT, and WA). Conceivably, it might be
adapted for the
5 states (FL, IL, MI, NV, and OH) that have direct constitutional
initiatives or the 5 states (AK, ME, MA, MS, and WY) that have indirect
legislative or indirect constitutional initiatives.
A State can modify this draft to meet their specific requirements.
It anticipates and avoids potential problems in the amendment procedures
that Congress has neglected to specify. We offer the generic form below in the hope that it will be a convenient reference
that may help to achieve
subject" or "same general subject" applications to
Congress and to do so without risk that Congress may challenge the
States under Article I, Section 10,
Clause 3 (Powers prohibited of States)..
Text of State Referendum Bill
State Bill Comments
AN ACT Relating to
a ********** State Referendum for an application by the ********** State
Legislature to the United States Congress. The application shall call for a
Convention to propose an U.S. Constitutional Amendment authorizing U.S.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF **********:
has a standard format to start a bill formally. Eventually, it will
generally include the bill number, the House, session, date,
sponsoring legislators, etc.
application process has three steps:
This bill initiates the
referendum of the people:
verifies the people's
combines the moral
right of the People to
alter their government
with the constitutional duty and power of the State to do it
A bill based on the
referendum will apply to Congress for an
Article V Convention of the States
Sec. 1. PROBLEM. Amongst many
offenses against the people of ********** State, the U.S. Congress denies their
constitutional rights in law or in principle:
The Preamble of the U.S. Constitution explicitly intends the federal
Government to promote the general well-being of the people. Instead, Congress
excessively promotes special interests over the people's well-being.
Article 1, Section 2 of the U.S. Constitution asserts that the people shall
choose their congressional representatives. To excess, Congress and special
interests influence selection of the slate of candidates, financially exclude
excellent candidates, influence candidate loyalties, and influence the media
content presented to the public.
These offences greatly harm the people, these United States and the State of
**********. Currently, only Congress has the power to resolve these problems.
Congress, however, has long demonstrated that it is unwilling to implement
effective solutions and that it is unable to reform itself. Over many years,
federal government has fully institutionalized the problems; they are now the
This perspective on the Problems addresses the
constitutional issues to lay a foundation for the next section. The web
page on more
general range of Problems is probably too extensive and argumentative to
be included in a bill. The form shown here is a rough equivalent of an
indictment that includes two of the most egregious legal issues and
omits naming other offences.
Sec. 2. RESPONSIBLY FOR SOLUTION.
The State of ********** recognizes its responsibility to help produce a solution
to these problems:
The U.S. Declaration of Independence holds that “whenever any Form of
Government becomes destructive … it is the Right of the People to alter … it.”
In Federalist #85, the Founding Fathers recognized that “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.” They wrote the Constitution certain that “we may safely rely on the
disposition of the State legislatures to erect barriers against the
encroachments of the national authority.”
In their wisdom, the Founding Fathers included in Article V a
of amending the U.S. Constitution so that the States could resolve these types
of problems, which are otherwise unsolvable by constitutional means.
The ********** State Constitution states:
(a) Article ***, Section ***: “All political power is inherent in the people,
and governments derive their just powers from the consent of the governed, and
are established to protect and maintain individual rights.”
(b) Article ***, Section ***: “All Elections shall be free and equal, and no
power, civil or military, shall at any time interfere to prevent the free
exercise of the right of suffrage.”
(c) Article ***, Section ***: “The first power reserved by the people is the
This summarizes why state legislators must take action to
resolve the problems. They have all take oaths of office to uphold their
state duties. The web page on
state support extensively argues the
Every state constitution is different from the others and
the wording of the bill in (iv) will be different. A web
page addressing this topic shows some examples of specific wording.
Of course, the States may find a better or alternative
solution. However, if they do not, then a failure of the States'
responsibility to support this
solution or its equal will be a
profound blow to the
constitutional foundations of the United
States. In effect, the transformation of our Republic into a
plutocracy will become irreversible and our Constitutional process
under Article V's Second Method will have failed the Founding Fathers'
intention to control federal excesses.
Sec. 3. FORM OF SOLUTION.
History has proved that Congress cannot protect the people against congressional
excesses and deficiencies. Constitutional separation of powers bars such power
from the President, Judiciary, or States. Appointed or elected reform boards
cannot have this power. Constitutionally, this leaves only the people to protect
against congressional excesses. However, congressional excesses have largely
nullified the people’s federal voting power. To solve these problems therefore,
there remains only the power of nationwide Citizens’ Initiatives.
In essence, the argument here is that this approach is the only
one to do the job. A possible alternate is
Senator Gravel's plan, but that appears to present other and greater
Sec. 4. LEGISLATIVE INTENT.
The Legislature’s responsibilities to the people compel action. ********** State
shall support a Citizens’ Initiatives Amendment to the U.S. Constitution. The
intent of this act is to start a constitutional process that could lead to
Citizens’ Initiatives for change. Given the nature of the legislation, the State
shall seek the people's approval by referendum. If other states do likewise,
referenda will also demonstrate the unity of the U.S. people and the States,
bringing momentous constitutional authority to bear on any procedural disputes
Passage of this bill is only the start of a lengthy process
towards a constitutional amendment. Though the Sates have not had a Convention
since the one framing the current Constitution, any Article V Second Method procedural disputes will pitch
Congress against both the States and the People. Theoretically, at least, the
States and the People carry great constitutional weight.
Sec. 5. PROTOTYPE TEXT OF
INITIATIVES AMENDMENT. ********** State’s prototype text of the U.S.
Citizens’ Initiatives Amendment for consideration by the Convention is shown in
The Convention of the States will generate the final text
or, if Congress decides to preempt the Convention as it always has in the past, then by
Congress's acceptance of the text. Thus, the application must be adequate to
deny Congress the opportunity to water down or finesse the Amendment.
Sec. 6. LEGISLATURE APPLICATION.
In accordance with Article V of the U.S. Constitution, the Legislature shall
make the application. Upon approval of the referendum by the people of
********** State, the ********** State Legislature shall prepare and vote on a
separate bill that applies to Congress to call a limited Convention for
proposing only a Citizens’ Initiatives Amendment.
Under Article V, the state legislatures must apply to Congress
for a Convention. Some states, however, believe that a non-literal
interpretation is possible and that a state initiative or referendum can apply.
However, this would introduce a non-essential issue, which Congress could use to
delay the entire amendment process, perhaps for years.
In the past, Congress has found the idea of a limited convention
far more acceptable than a general convention. Congress claims a general
convention could become a runaway convention, though this is very doubtful.
Nevertheless, a limited Convention on a single subject avoids another potential
The downside of a limited convention is that it enables Congress to preempt the
convention by proposing the same amendment itself—as it has always done in the past.
However, if Congress thwarted the States' will by proposing a watered-down
amendment, then the States' should righteously apply for an immediate unlimited
Convention to defend their State rights.
Sec. 7. AVOIDING
DISPUTES. Congress has favored its retention of excessive
powers by neglecting to specify the application procedures.
Nevertheless, insofar as it is possible and reasonable, **********
State shall comply with the latest congressional draft bills,
debates and research relating to the application procedures.
To avoid disputes with Congress, it is best to follow
documents are available on the way Congress should have defined
the second method procedures. This will avoid several potential
minefields that could cause delays and litigation in the Supreme
Sec. 8. AGREEMENT OR COMPACT.
********** State may cooperate and coordinate with other States on a U.S.
Citizens’ Initiatives Amendment, but shall not enter into any Agreement or
Compact with another State contrary to Article 1 Section 10 Clause 3 of the U.S.
In the U.S.
Constitution Article I, Section 10, Clause 3, the states are enjoined from not entering into any Agreement or
Compact with another State. Again, this avoids a possible minefield.
Nevertheless, the States applications should be as
identical as possible, since the closer they are the more Congress is
obliged to consider them "same subject" or "same general subject" and include
them in the number of applications received. If this
bill proves good enough for many states to use, it can help achieve this
Sec. 9. APPLICATION PROCEDURES.
State shall conform to the
constitutional conventions procedures bills
considered in recent Congresses.
Send two copies of the application to the President of the
Senate and the Speaker of the House of Representatives.
Send the applications within thirty days of their adoption by
Certify the adoption and date adopted by the legislature’s
Secretary of State or equivalent office.
In addition, the States should designate their own recipient
to whom a copy of all state application documents should be lodged and
time-stamped for independent record keeping.
In general, by placing the
in the bills, the states will have the same procedures without having to coordinate
RESCIND OR RESUBMIT.
Once made, ********** State shall not rescind its application.
However, to revise or renew the application, the legislature may re-submit
it to Congress. When resubmitting, the State may modify the
application from that approved in the referendum, provided that the
intentions and meanings in the referendum are retained. If the
modifications are substantial, the State shall resubmit the revised
act as a referendum to the people for their ratification before
re-submitting it to Congress.
Congress has not clarified what happens when a
withdraws an application—another minefield to avoid. If a state
demonstration of a boule (i.e., a citizens' initiatives assembly) reveals
deficiencies, or if other
states submit applications containing improvements, or if the time
limit on the application is near expiry date, this state
legislature may re-submit or renew its application.
Sec. 11. PASSAGE IN
BOTH HOUSES. Both Houses shall pass this bill and the subsequent
application by the Legislature in identical versions and the
presiding officer of each House of shall sign the exact text of
In the past, some States have passed applications in
one House and
an appropriate officer did not sign the exact text. (Of course,
the two-house requirement does not apply in Nebraska, which is the
Sec. 12. CONVENTION
DELEGATES OATH. Those attending the Convention shall take an
oath that binds them morally and ethically to follow their
State's wishes as generally described in this Bill.
Congress's fear of a
convention generates this assurance. Those attending the Convention act in a Federal Function.
This means that their state oaths cannot legally bind them.
Consequently, there can be no guarantee. Nevertheless, taking the oath provides a powerful
moral and ethical incentive to comply with State wishes.
Sec. 13. TIME LIMIT
FOR APPLICATIONS. This bill shall be inoperative after
years from the date of the submission hereof to the Congress, unless
by this Legislature’s count the legislatures of two thirds of the
several states shall have applied for a Convention for proposing a
Citizens’ Initiatives Amendment.
This clarifies the
amount of time that Congress must
consider the application open. It prevents Congress from
invoking the doctrine of laches to claim the application is no
longer valid. This section is not essential, but sets a fairness
standard that gives the next section more weight.
Twenty-one years is more than adequate time for one
or more states to convert their initiatives signature petition
qualification process to a Boule and to
feed any relevant information into this Amendment.
Sec. 14. TIME LIMIT FOR CALLING
THE CONVENTION. Congress shall call a Convention as required by Article V of
the U.S. Constitution, in a timely manner not to exceed one year from the
receipt of applications from two thirds of the States. If Congress prevaricates,
procrastinates, or denies the States’ Constitutional rights to hold an
Article V Convention, this State shall join with other States to enforce the
People's Rights by all means at their disposal, including those set forth in the
Declaration of Independence.
In 1787, Congress called the original convention in under
from application, so one year is entirely reasonable in today's speeded-up world. The important point about setting a
time limit is that if Congress delays over one year, the states can sue in the
U.S. Federal Court system and may invoke
The Declaration of Independence states “…Governments
are instituted among Men, deriving their just powers from the consent of the
governed, --That whenever any Form of Government becomes destructive of these
ends, it is the Right of the People to alter or to abolish it…”
Sec. 15. REFERENDUM. The
Secretary of State shall submit this act to the people for their adoption and
ratification, or rejection, at the next general election to be held in this
State, in accordance with Article ***, section *** of the state Constitution and
the laws adopted to facilitate its operation.
Each state will have its own standard wording to initiate the referendum
Sec. 16. CAPTIONS. Part
headings used in this act shall not constitute any part of the law.
Captions are to guide the reader, and are normally
not included in the final version.
Sec. 17. REFERENCES.
Information presented at the web site
http://www.InitiativesAmendment.org may help readers to understand the act, but
shall not constitute any part of this law.
This reference is for the readers' information and convenience and
a state may wish to
Sec. 18. SEVERABILITY. If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances shall not be affected.
Severability is a standard section in many state bills.
Sec. 19. DATE EFFECTIVE. This
act shall take effect thirty days after ratification by the people.
The effective date is included for completeness.
Sec. 20. TITLE. This act
shall be known as the U.S. Citizens’ Ballot Initiatives Act by the State of **********.
Many states require that the title should be part of the bill so
that no one can later add a misleading title.
--- END ---
Text of the U.S. Citizens’ Ballot Initiatives
Amendment for consideration by the Convention
Nationwide Ballot Initiatives
U.S. Constitution Amendment Text
Amendment X of the
United States Constitution shall be, and hereby is, amended by appending the
following sentence: "The first power reserved by the People is the
appropriate point to start this Initiatives Amendment is by modifying Amendment X -
Powers of the States and People.
Article I, Section 1 of the U.S. Constitution
shall be, and hereby is, amended by inserting the following phrase at the end of
the sentence: ", and in the People through their power of Initiative".
Article I, Section 1 defines the
allocation of "All legislative Powers". For clarity, this must be
revised to include the People's new right of Ballot Initiative.
1.3 This Constitutional Amendment
nationwide United States Citizens' Ballot Initiatives. It establishes a
(i.e., a U.S. Citizens' Initiatives Assembly) to manage the
The Boule shall
consist of a
randomly selected cross-section of the People. The
Boule 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.
The Boule is an independent self-perpetuating organization of the People.
Constitutionally, this clause is
sufficient if Congress were to complete the details. However, since Congress is
a source of many problems that this Amendment will resolve, the People
cannot allow Congress to furnish the details. Consequently, this
Amendment is of necessity relatively lengthy and has two references.
U.S. citizen groups
may create Proposed Initiatives but shall not
this right. All citizens and organizations signing or sponsoring a proposed
Initiative shall declare any benefit they may receive by proposing and by passage of the Initiative.
They shall communicate a Proposed Initiative to the Boule by its publication.
The Amendment taps the creativity of the
People and their organizations to propose Initiatives. To keep order, the
Boule has the power to control
2.2 Direct democracy by
shall be, and hereby is, authorized and granted to the
People as an additional and parallel power to those granted to the
U.S. Congress, and each House thereof, and to those powers that Congress has assumed, will
assume, and could assume. Direct Initiatives shall have the power to do and undo all
manner of things that Congress has done, does, and will do.
shall include, but are not limited to:
legislation, proposing amendments, calling conventions of the States
to propose amendments,
implied powers including all powers under
Article I Section 8
Clause 18, rules, policies,
procedures, precedents and customs, appointments, remuneration, perquisites, and ethics. The sole limitation on the power of
Initiatives shall be the exclusion of impeachment
the Senate under Article I Section 3 Clause 6.
The People must have
equal authority to Congress to enforce checks and to correct deficiencies.
Congress has been and will be creative at annulling constraints. No one can
anticipate where future problems may lay—earmarks, voting rules, ethics,
committee chairperson power, etc. Consequently,
Initiatives must be able to address any congressional matters that the People
deem necessary and may have to repeatedly remedy related issues.
power, e.g., using the "basket clause,"
has required and enabled Congress to assume many things not in the Constitution.
For maximum clarity, to avoid dispute with Congress, and to minimize need for
Supreme Court interpretation, the basket clause and a list show specific matters Initiatives
can address. By placing a sole limitation on the power of Initiative, the Supreme
Court will be more likely bound to interpret that other powers are not limited.
Initiatives are the people's only permanent and certain method to assure that
Congress operates, and knows that it must operate, for the People's benefit and
not for the benefit of Congress, Congresspersons, or their friends.
2.3 The People
voting on Direct
Initiatives shall emulate electing
vote exactly the People's will.
A majority Initiative vote of the People in
a congressional district shall be the equivalent of the vote by its
member of the House of Representatives. A majority initiative vote of the
People in a State shall be the equivalent of the votes by its
To pass, a legislative Initiative shall require a majority
vote in a majority of the congressional districts and in a majority
of the States, i.e., a
double majority. To pass, an Initiative containing a
Constitutional Amendment shall require a majority vote in a
two-thirds majority of the congressional Districts and in a
two-thirds majority of the States, i.e., a
Matters decided in Congress by committee
or other subset thereof shall
be as if a majority of members of that House had passed them. An Initiative addressing a House of Representatives' Committee issue
shall require a majority vote in a majority of
the congressional districts to pass.
An Initiative addressing a Senate Committee issue
shall require a majority vote in a majority of
the states to pass.
Joint committee issues shall require a double majority Initiative
vote to pass.
In addition, an Initiative must always pass by a simple
majority of the nationwide Electorate.
The voting majorities
for initiatives follow the same majorities as those that the Constitution
defined and Congress currently uses.
Statistical anomalies can occur in
elections. Therefore, as a precaution, the Amendment also requires a simple
nationwide majority to pass an Initiative.
Nationwide Initiatives will treat voting by any
Committee or subset of Congress as if a majority vote of one or both Houses had
passed the issue.
A Direct Initiative shall
take effect when passed by the Electorate's
vote and immediately after certification of the vote. A Direct Initiative shall not be subject to any
veto. Congress shall not change or overrule a Direct Initiative except as
in the Direct Initiative.
A later Direct Initiative, or a nationwide
Referendum with the same voting criteria as the Direct Initiative, may change or overrule an earlier Direct
Initiative or Referendum.
The People cannot permit the President
to veto Initiatives or the Congress to
overrule Initiatives, otherwise the government could easily frustrate the
purposes of this Amendment.
Congress does not currently have a
referendum process in
place, but may do so in the future. The Amendment gives initiatives and
referenda equal precedence, the most recent prevailing.
2.5 Article V of the
U.S. Constitution shall be, and hereby is, amended by adding a
second clause consisting of the
following two sentences: "The People shall have the power by
Direct Initiatives to propose U.S. constitutional amendments to the States when passed by
double supermajority vote. Upon
certification of a passing vote, the proposed
constitutional amendment shall be as if Congress had deemed it necessary,
proposed it, defined the mode of ratification, and submitted it to the several States for ratification by their
legislatures or by conventions."
future, the People's fundamental right to alter their government
becomes more explicit by the power to propose constitutional amendments.
This requires a revision of Article V. It is best introduced as a
second clause rather than alter the first clause, which is already complex
and upon which many judicial opinions rely.
Recent Supreme Court rulings — e.g., requiring
constitutional rather than legislative process for
term limits and
line item veto — alone mandate
inclusion of this clause.
Note that two-thirds of the Boule must approve the
Constitutional Initiative before it gets on the ballot. Then, the
People must approve it by a double supermajority vote. Finally, three-fourths of the states must still ratify
it. Passage by this process will therefore be a more severe test.
However, whereas Congress was reluctant to disturb their status
quo, the People will probably use this process more.
Congress may change or overrule them. Within one year after submittal, Congress shall bring it to a conclusive
vote in both Houses subject to Presidential veto or refer it
back to the
Boule. This shall not limit the People's right at any time to
propose similar or
related Direct Initiatives nor the Boule's right to place them on the ballot
as Candidate Initiatives.
States seldom use
their indirect initiative process. The Amendment's indirect process is
easy to use. It will be efficient and effective to encourage Congress to take up
matters without going to the time and cost of a nationwide vote.
Initiatives shall be non-binding polls of the nationwide Electorate.
Advisory (i.e., consultative) initiatives seek the
People's guidance. For example, an advisory initiative may find
acceptable common ground for nationwide compromise on complex issues
or define the scope of a future initiative to avoid unnecessary
3.1 Members shall be
the People's sworn deputies obligated to act
in the best interests for all U.S. citizens
and their Constitutional rights. Members shall vote their own independent
un-coerced opinion after
open-minded deliberation. They shall not participate in voting for any group
affiliation, vote trading, sale or favor. The Boule shall
for their services.
Member's independence is important for the Boule to function
effectively. It is necessary therefore, that special interest of Members should
not form association within the Boule.
specify the random-selection
It may vary its
from all Citizens to a willing subset of Citizens, and from Citizens entitled to vote
to Citizens registered to vote,
by Direct Initiatives passed by a
double supermajority vote.
Once selected, a Boule
Member shall serve a mandatory duty of citizenship as a private person for a
specified by the Boule. Boule service shall have priority over
other citizen's duties and work including professional, military, or business
Failure to serve and
fulfill a Member's obligations shall be punishable unless excused for excessive hardship by a Federal Court in accordance with
specified by the Boule. No Citizen may
The Boule Rules state that a
simple random sample from all
Citizens entitled to vote must initially generate the list of Members. The
executive branch will
probably choose from the Social Security master list—removing those not eligible to
serve from the selection. If a better
database of Citizens becomes available, e.g., from Homeland Security, then that
may be used.
Initially, all those selected must serve because it appears that
permitting Members to decline for less than excessive hardship could
large special interests to influence the Boule. Though service may sometimes be an imposition, it is a
reasonable duty of citizenship.
shall be the sole authority to
manage the initiative proposal process, to select and qualify all U.S. Candidate
Initiatives, and to place them on nationwide ballots. The Boule shall obtain whatever advice and assistance it deems
Boule shall have the
right to subpoena
and enforce that right through Federal Courts.
The Boule shall ensure that
Candidate Initiatives are
worthy and comprehensible and shall not
Electorate. The Boule shall specify the
citizen groups and
organizations that may propose Initiatives, shall define
abuse of the initiative process, and shall control the ease of proposing
State initiatives have indicated the number of
Initiatives on which an electorate can reasonably vote. There must
be a single authority to control the number of proposed Initiatives,
prevent abuse, and to select the most important,
process will be chaotic.
The Boule must have powers to demand
information similar to Congress to perform its check and balance
Boule shall be self-governing
in accordance with its Rules. It shall have the obligation and right to sustain
itself. It shall obtain approval to change its
budget and Members'
remuneration by Direct Initiative. The U.S. Government shall deposit
to the Boule's
account its total annual budget one month in advance of its initial convocation and each
If the budget in not available, the Boule shall have the power to
borrow on the credit of the United States.
If U.S. government sources are unavailable, this Amendment
may be funded by
philanthropic sources and the States.
The Boule shall be exempt from taxes or levies. The
incorporate and dissolve in
States of its choice. For
legal action against them, this
Amendment grants the
Boule and its Members the same protections
and immunities as Congress and congresspersons.
Whereas Congress can change all congressional rules, the rules
constituting the Boule's Charter require Direct Initiative
approval of the People. In this
way, the People assume full control of the Boule and the Initiative process
insofar as they do not violate the Constitution—government is not involved.
To give the Boule a defined legal status, it can incorporate
itself. However, litigation can breach corporate shields with relative ease, so
the Members must have legal protection against potential personal attacks. Congressional protection has proved very adequate.
To cover the possibility that Congress fails to fund the
Initiatives process, then the final source can be
philanthropic funds and the
By Direct Initiative passed by a double majority
vote of the Electorate, the Boule may form
Subsidiary Boules as necessary to perform separable work.
shall have the same status as Members of the Boule but may serve
for different periods.
For example, it
may eventually prove best that a separate body should provide
ballot opinions to
the voters about the Candidate Initiatives.
4.1 The Congress,
the President, the Courts and the States shall have power to enforce this
article by appropriate legislation, executive authority, judgment, and action. They shall
implement expeditiously and cooperatively the
intentions of this Amendment and as outlined by the reference documents "Government Actions"
and "Boule Rules."
They shall convene the Boule within one year of this Amendment's ratification.
If a first branch of government fails its obligation while a second
has the ability, then the second shall exercise that power. These obligations shall continue upon successor Congresses,
Presidents, Courts, and States until the People by
Initiative affirm that the intentions of this Amendment have
Implementation details are not appropriate in the Constitution
and are therefore in a reference document. These Government
Actions can never be sufficiently precise to ensure absolute compliance. In
the event that a recalcitrant Congress, President, Courts, or States should
fail their obligations, these obligations shall fall upon other branches that
can fulfill the obligations in full or in part, or shall fall upon their
will permit the People to use their electoral vote to enforce compliance. Although the Amendment requires governments'
the Boule can always remedy any
defects by Initiative—its initial convocation should take place on time
despite any defect or reason.
4.2 The Governments shall not tolerate any law,
regulation or actions that impede or limit the use of
U.S. Initiatives or the Boule’s access to information. The Governments shall preserve, protect and defend
Initiatives, the Boule, and its independence.
time periods specified by the Boule, the Governments shall protect,
punish violation of, the Boule's and each Member's
and family's privacy, freedom from tampering, freedom from press, media
intrusion or exploitation, and failure of duty to serve. Punishments shall
penetrate all shields to reach decision makers, include mandatory jail
terms, and use fines based on percentage of assets.
Boule Members and their families are
private persons. The Amendment must
protect this status. The situation is similar to a Grand Jury except that the
Boule would be even more tempting to media. The Member's status must be in the
Amendment, or the Supreme Court might allow media access under
Amendment 1. Corporate shields and
vast assets protect the most potentially
dangerous offenders; they must anticipate
discomfort of punishment equally no matter their status.
4.3 This Amendment hereby adopts
reference document "Boule Rules" for
the Boule and
binds it to follow them. This
Amendment does not incorporate the reference documents "Government Actions" and "Boule Rules."
By adopting the rules for the Boule, they become
binding on the Boule yet not part of
the Constitution. The Boule's Charter
the Boule's authority to current needs and requires nationwide Initiatives to change these
Guarantee Clause Clarification
Article IV, Section 4 of the United States Constitution shall be, and hereby
is, amended by appending the following sentence: "State referendums, and United
and State initiatives selected or qualified by popular
signature petition or a Boule, are consistent with and not a
contravention of a republican form of government."
Though there are
good reasons to believe that nationwide
Initiatives are permissible under the Constitution's republican form of
government, arguments can
dispute this view. The Supreme Court
has indicated that it might regard this
as a political issue falling within congressional purview. This would be
unacceptable, so this Amendment must resolve the issue.
Amendment pre-authorizes that the People may repeal this Amendment.
of the United States Constitution shall be, and hereby is, amended
by appending the following two sentences at the end of the second
clause: "Ten years and again twenty years after a U.S. Direct
Initiative first appears on nationwide ballot, the Boule shall
include a Candidate Direct Initiative to repeal the Amendment when passed by a
double majority vote. Should the
Electorate choose repeal, Initiatives previously or concurrently passed shall
remain as if they had originally been enacted by Congress and Congress may
then change or overrule them as regular business of the Congress subject to
This Amendment is for the benefit of the People who
ordained and established the Constitution. Therefore, it is up to the People to repeal the
Amendment if they find it unsatisfactory. Inclusion
of a graceful repeal process is reassurance to some who otherwise might be unwilling to support it. With
greater difficulty, a constitutional amendment may also repeal it—as Amendment
XXI repealed prohibition.
7.1 The article shall be inoperative
unless, within seven years from the date of the submission hereof to
the legislatures of three fourths of the several states, or if the Congress
proposes them by conventions in three fourths thereof, shall have ratified it as an Amendment to the Constitution.
Congress has consistently added this standard clause to recent Amendments.
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