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Anticipated Support and Opposition to the Planned Citizens' Initiatives Constitutional Amendment

The Bottom Line

Major opposition to this constitutional Amendment is inescapable. It will come from all those who benefit the most from the current situation and from those who fear change itself.

For the opposition, losing will mean possible immanent threat to business as usual. Whereas, for voters, losing means that things go on as they are with a steady decline in the quality of their lives and their children's lives. The urgency to resist is therefore greater than the urgency to support. However, waiting for a disaster to happen before making change is unacceptable.

The stark reality is that the determination and power of the opposition is so great, and voter apathy so pervasive, that the citizens could give away their rights by negligence. This must not be allowed to happen. The deciding factor will be if U.S. voters are prepared to come together, get out the vote, and take a stand by questioning whether they want to support a candidate who has not made a declaration of intent to support this constitutional Amendment.

In states where the legislature will not support the Amendment, it will be necessary that those who support this constitutional Amendment for Direct Initiatives should ask that each of their State Representatives declare their support preferably by signing the Candidate’s declaration of intent so that voters may know their position with certainty.

Ultimately, it is up to each voter to decide if they are content to let Wealthy-Special-Interest-Groups/Lobbyists/Media run their Government and many aspects of their lives, or to take back a measure of control of their destiny by reinforcing our Government's ability to fulfill its constitutionally defined responsibility to "promote the general Welfare".

Support Other Than Voters

The primary support will of course come from voters, and ultimately votes trump all opposition. However, the more Congressional and State Legislature support the faster the constitutional Amendment can be adopted and ratified.

Support from Members of Congress

The vast majority of Members of Congress sought election because they are dedicated to making a difference and improving the lives of U.S. citizens. It is believed that many of them will see this constitutional Amendment as a creative and useful tool rather than any significant diminution or threat to their power.

They will also be aware that House rules and organization can sometimes make it impossible to enact legislation that the Member knows the people want. Of course, a congressperson could simply propose an Initiative as a citizen. However, the Boule (i.e., Citizens' Initiatives Assembly) is required to give expedited attention to a proposed bipartisan Initiative. This could prove a useful tool to use, or just threaten to use, in order to remove obstacles to the passage of needed legislation.

Support from Members of State legislatures

The situation for members of the State Legislatures is similar to that of congresspersons. A requirement for bipartisan Initiative approval by several States would be too complex and time consuming, so expedited attention from Boule is achieved by the concurrence of a number of States.

Since any citizen can propose an Initiative, the Amendment does create a way that the States can ask the Electorate to vote on legislation. This may be a significant factor in State support, and might even cause the States to use the second mode of ratifying the Amendment if Congress were unwilling to move forward on it.

Opportune Adoption of a State Boule

If a State were to adopt a State Boule to manage their initiative process, this nationwide Solution would be easier to promote. Though the initiative-process cost-savings will be less for a State than for the U.S. and might discourage States with low populations, a State as large as California could afford and justify it. The cost of a State initiative attempt to pass a California constitutional amendment to achieve this would be about $30 to 60 million.

Public and Special Interest Groups

Many public and special interest groups have found it difficult or impossible to get government to act in the public interest when special interest groups with conflicting agendas have the resources to prevent it. The Initiative process offers them an alternative and more powerful method to achieve their objectives. Since the number of Initiatives is limited, it will be necessary for Initiatives to be directed to policy rather than specific projects. Well drafted policies should be such that they can embrace a number of related issues that combined have great importance to the people.

Opposition

Opposition by Misdirection

One trick that will certainly be tried is to complain about some details and use that to justify a different version of the Amendment that contains a fundamental flaw making it unworkable. After this has been repeated several times, each one on their own web site, there will be several misdirecting planned constitutional Amendments for Initiatives around.

As a preventive measure, this web site and all the information on it is copyright protected—not because it has financial value, but to make it illegal to use it in ways that were not intended. There can be only one web site with the name www.cusdi.org, the diversionary web sites can use similar but not identical names. It is for this reason that  www.cusdi.org is mentioned so many times as the authentic site.

The declaration of intent specifically references the www.cusdi.org site, so that it is clear that the Candidate is supporting the authentic version, and not some misdirected version. This is the principle reason that the declaration of intent is so important.

Undoubtedly, irresponsible or malicious people will attempt to attack or hack the web site in order to prevent legitimate access, vandalize or change it. However, it is located on one of the most secure Internet Service Provider sites available with live backup alternates that can be brought into effect at short notice. It cannot accept incoming communication requests, and the ability to modify it is closely guarded and powerfully protected. Absolute prevention cannot be guaranteed. However, by constantly checking the site, a hack can be quickly detected and the authentic site reinstalled in a few minutes, then the hacker's entry point has to be patched to prevent it happening again.

Direct Internet Attack and Alternative Web Sites

It is conceivable, though very unlikely, that overzealous opponents may try to shut down this effort by legal attack or other method, and to close down the web site www.cusdi.org running on U.S. servers. To discourage any such attempt, this web site may be duplicated on several servers.

Candidate Evasion of Issues

It is a part of human socializing to avoid giving offence to others. So, to be fair, it is natural for Candidates to avoid having to give an unwanted answer by evading the issue. Moreover, because Candidates are peppered with questions that try to cast them in a negative light, they must practice evasion of issues and develop it to a fine art. Often, it is crucial in order to be elected.

For example, a candidate may say before a group of voters "I absolutely support your right to have Initiatives." Then the candidate may move to a fundraiser with businesses that do not want to risk Direct Legislation being used to effect their subsidies and say "Initiatives will never become reality while you support me to get elected". Did the candidate lie? No, because In the first case the candidate absolutely supported your "right"  but did not commit to voting in favor of Initiatives; in the second case the candidate only stated an opinion, and never committed to do anything. Yet both audiences heard exactly what they wanted to hear.

But when the stark truth is wanted, we all know that we have to nail it down and persist until we get an unequivocal response. This could get tedious and offensive, and the best solution is for Candidates who really intend to vote for Initiatives to make a declaration of intent in writing, then all their voters will know for sure their true position. Note that the declaration of intent specifically mentions www.cusdi.org to distinguish it from any possible misdirection site discussed below.

Tact is needed when approaching a Candidate so the declaration of intent may not be taken to mean distrust. Moreover, there is the risk that declarations of intention could catch on and become a factor for other issues in other elections. Nevertheless, it is the only way the voters can be virtually certain that the Candidate actually meets a campaign promise.

A candidate at meetings will not find it easy to tell constituents that they cannot have the right of Initiative.

Opposition by Special Interest Groups

The major problem will arise if some special issue organizations decide that even the slightest potential for change in their direct financial influence on the law-makers is sufficient grounds to try to persuade all their members to oppose this constitutional Amendment. If successful, this would mean the thousands of special interest groups would continue business as usual. This would be grossly unfair to U.S. citizens.

For example, a citizen who takes few gallons of gas and does not pay for it, is guilty of theft with a first-time punishment of up to 3 months in jail and/or $500 fine (average for all States), and even up to 18 months and/or $10,000 fine (in the most severe). On the other hand, a group of corrupt corporate executives who steal billions of dollars from the workers, stockholders and retirees’ pensions walk away and with all the money (or sometimes when they are caught they get relatively modest penalties and jail time). This can only happen because big-business—and their officers and directors—have huge influence in Congress.

Congress generally cannot pass laws to stop these abuses because big-business not only provides campaign funds, it also owns and controls the Media. It will be up to each citizen to decide if any special issue that they endorse provides reason enough for them to vote against this constitutional Amendment and thereby inadvertently giving their vote to special interest groups that weaken our democracy and our wealth. Ultimately, the citizen’s votes trump the special interests' influence only if the citizen exercises his or her rights by voting in favor of this constitutional Amendment.

It is to be expected that all those who benefit from the status-quo such as big-business, many elected Representatives, etc. will oppose any change to the status quo. Both political party organizations will probably see the Amendment as a risk and will consequently generally oppose it, though their rank-and-file membership will generally support it. In fact, it is the power of the party organizations at a state level that may be the greatest obstacle to be overcome in the use of the second method. Unless one party decides to honor their membership's wishes, it is the power of the party rank-and-file contributions, voice and votes that my ultimately determine the result.

Use of Spin Doctors

Special interests and politicians are especially skilled in the use of spin, emotive inferences and lies of omission. They have in place and in their employ numerous skilled spin doctors to broadcast confusion amongst wide audiences. This advantage in experience will be put to their substantial advantage. On the other hand, the People are becoming increasingly aware of the ways in which spin can manipulate their views, and can detect to some limited degree when they are being influenced by spin.

Divide and Defeat Tactics

Special interests that affect or represent a significant number of voters may make the case that passage of this Amendment may affect their personal interest. More critically, the leaders and paid employees of Special Interests may feel threatened. The vast majority of Special Interests are very unlikely to be affected by this Amendment, and they have the full protection of the Constitution that cannot be affected by any Initiative. However, emotional rhetoric can induce unwarranted fears.

Every U.S. citizen probably belongs to several Special Interests of one sort or another often without realizing it. Undoubtedly the special interests will try to divide the voters by encouraging voters to oppose the Amendment in order to protect their own interests. Each citizen will have to ask themselves if they are so unwilling to risk any possible change to their interest that they are prepared to let all the special interests continue business as usual to the people's far greater harm of all the people's interests.

It ultimately comes down to whether the voters believe in democracy. If the majority of U.S. citizens truly believe in democracy, then they will trust that their votes on Initiatives will ultimately benefit us all.

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Version 12.05
 February 01, 2012