Recall, Referendum, and Initiative Amendment

(Amendment 29)

1 TITLE

This amendment shall be known and may be cited as the Recall, Referendum, and Initiative Amendment.

2 VERSION

version 1.0

3 SUMMARY

By this Amendment to our Consitution we the people of the United States affirm our right to recall governmental officers and/or their appointees; to repeal legislation enacted by our representatives, via referenda; or on our own initiative to propose, perfect, enact and amend public policy, laws, charters, and constitutions within any of the various jurisdictions which we constitute within the United States or any of the united states, and shall hereinafter refer to this as the Recall, Referendum, and Initiative Amendment.

4 SPONSOR(S)

John Francis Lee

5 PREAMBLE

We, the People of the United States, inherently possess the sovereign authority and power to govern ourselves.

We declared this power in our Declaration of Independence and in the ratification of our Constitution.

We, the People, choose now to participate as lawmakers in our national government by initiating law ourselves, and by granting or withholding our agreement to laws passed by our representatives, and by recalling those we have chosen to represent us in the executive, legislative, or judicial branches of our government when we see fit to do so.

We, the People, shall exercise our legislative powers of initiative and referendum concurrently with the legislative powers we delegated to our elected representatives.

THEREFORE,

We, the People, enact this Recall, Referendum, and Initiative Amendment to the Constitution of our United States of America.

6 BODY

Section 1.

The sovereign authority and the legislative power of the people of the United States, that is of the natural persons, citizens of the United States of voting age, to recall elected governmental officers and/or their appointees; to repeal legislation enacted by their representatives, via referenda; or on their own initiative to propose, perfect, enact and amend public policy, laws, charters, and constitutions within any of the various jurisdictions which they constitute shall not be denied or abridged by the United States or any state.

Section 2.

The sections of this Amendment which follow will govern the relationship between the people of the United States as defined in Section 1 and the government of the United States. Relations between the people and the governments of the other jurisdictions the people constitute shall be governed by similar laws, constitutions, or charters enacted by the people within those constituencies, yet none of the actions of the people in their greater, more general constituencies shall be undone in lessor, more peculiar consitutencies.

The natural constituency for the Recall of US Representatives is the US Congressional district, that for the Recall of a US Senator is one of the United States, and for the Recall of a President or Vice-President and of Referenda and of Initiatives is the whole of the United States. The constituency for the Recall of a federal judge is that jurisdictional district in which the judge sits.

Section 3.

Those officials presently charged with registering citizens eligible to vote in federal elections shall henceforth accept ballots of those they register representing their votes on acts of recall, referenda, or initiatives put forth by such voters, and shall verify that the voters presenting such ballots are in fact natural persons, citizens of the United States of voting age, and shall store and tally said ballots as the people shall specify under their separate legislation as provided for by this amendment.

Section 4.

If a majority of the people shall vote to recall any executive or legislator they have elected to office or any member of the judiciary having jurisdiction over them or any person appointed to serve by any such official then that official whether elected or appointed will be recalled from office, and shall not be appointed or reappointed to serve in the government of the United States.

If a majority of the people in any constituency shall spontaneously vote to elect any executive or legislator within that consituency the person so elected will replace the incumbent officeholder on election as though the incumbent had been recalled and the election had followed.

Section 5.

If within one hundred twenty days of the passage of legislation by the Congress and its signature by the President a majority of the people shall vote against that legislation then that legislation shall be null and void.

If within one hundred twenty days of the ratification of a treaty by the President and the Senate a majority of the people shall vote against its acceptance then the United States of America shall not be bound by the treaty in question.

If during the course of preparation for or the prosecution of war, whether declared by Congress or not, a majority of the people shall vote to stop preparations for or to end that war, then those preparations shall be stopped immediately or all American forces shall immediately stand down in the case of an ongoing war and all American forces shall be repatriated within one hundred twenty days of that majority's being reached.

Section 6.

Unlike legislation passed by the Congress of the United States which requires the approval of the Executive branch, legislation initiated and enacted by the sovereign people themselves under the authority of this Amendment shall not require further approval and therefore neither shall the Executive branch have veto power over it nor, similarly, shall legislation proposed, perfected, and enacted by the people as set forth in this amendment be subject to emendation or repeal by the peoples' proxies in the Congress.

The United States Supreme Court may judge ordinary statutory legislation, whether enacted by the people or by their representatives, to be inconsistent with the Constitution of the United States and thus null and void, but amendments to the Constitution are not otherwise subject to judicial review whether they be passed as stipulated in Article 5 of the United States Constitution or enacted directly by the people as set forth in this Amendment.

Section 7.

An act of recall or an initiative created under the authority of this Amendment, whether it amends the United States Constitution or enacts, modifies or repeals any statute of the United States, or recalls an official or appointee of such an official of the United States assumes the force of law when it is approved by more than one-half of the people of the United States as set forth in Section 1 above and as enumerated by the most recent United States Census provided that the number of votes approving such an act or initiative exceeds one-half of the number cast.

In the case of a referendum it shall be null and void when it is disapproved by more than one-half of the people of the United States as set forth in Section 1 and as enumerated by the most recent United States Census provided that that number of votes exceeds one-half of the number cast.

Section 8.

Only those defined as the people under Section 1 may contribute funds, services or property in support of or in opposition to an act of recall, a referendum, or a legislative initiative created under the authority of this Amendment and any one person’s contributions in support of or in opposition to any one act of recall, referendum, or initiative shall not exceed in value the greater of four hours' wages at the minimum legal rate or twenty dollars in any one calendar year.

This amendment shall not be so construed as to limit in any way any individual's ability to meet his or her own personal expenses such as for food, clothing, transportation, or shelter.

Section 9.

All individuals and entities are prohibited from coercing or otherwise forcibly inducing anyone to support or oppose an act of recall, a referendum, or an initiative created under the authority of this Amendment.

The people shall have the power to enforce the provisions of this Amendment by appropriate legislation and to specify the details of its application. No court in the United States may enjoin a recall, referendum, or an initiative election except on grounds of fraud.

If you have comments or suggestions, email me at jfmxl at sdf dot org [USpvp.org]