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Suggested Draft of State Referendum to Support the Planned Constitutional Amendment

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 denial—in law or in principle—of 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

The Federal Government denies the Citizens of this State their constitutional rights in law and/or in principle that:
The purpose of this bill is to find a permanent effective method to remedy problems of this type.

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.
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.
To achieve its purpose, the subject of this bill will eventually need the support of thirty-eight states acting together. This cooperation is most possible by making the bill's actions conditional, rather than presuming to know what form the bill eventually must take as the other states refine their positions.
The State Legislature believes that is 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 in principle a Solution of the type described in the attached Planned Citizens' Initiatives 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 will 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 will 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 will oppose the challenge. Before this state attends an Article V Convention, a state or city must have demonstrated that a boule (i.e., citizens' initiative assembly) is practical. This State will vote to urge that the Article V Convention adopt the Amendment. The Amendment will then return to the States, and this State Legislature will ratify the Amendment or will call a State Convention to ratify it, 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.