These Constitutional Orders create the physical existence and functioning of the Initiatives Qualifying Assembly (IQA).
When the People have voted by Initiative that the Orders have been fulfilled, their function is complete, they become redundant and may be repealed.
This is a draft document subject to changes: suggested by the People, then by State Initiatives and Legislatures, and finally by a Limited Article V Convention of the States.
This preface, article titles and numbers, and explanations are not part of the Constitution Orders.
The President, Using the President’s Executive Power, Shall:
Explanation of President
Convene the initial IQA (i.e., Initiatives Qualifying Assembly of the United States) within one year of this Amendment’s ratification.
Explanation of Convene the IQA
The primary responsibility must fall on the executive branch, which has the resources and the ability to take prompt actions.
Hire a suitable company to conduct the random selection of IQA Members necessary for the initial IQA convocation and subsequent monthly replacements.
Explanation of Manage Random Selection of Initial IQA Members
There are many private polling and statistical analysis companies with this capability.
Provide IQA facilities for the first year after convocation.
Explanation of Provide IQA Facilities
The basic requirements are defined in the IQA rules.
Hire a suitable management company to provide direction and full responsibility for the IQA convocation and for the following three months with options for the IQA to continue the service.
Explanation of Direction for IQA Convocation
There are many private convention companies with this capability. Their contract should be turned over to the IQA to ensure continuity and assist it to become fully established.
Hire organizations to provide a short training course on the deliberative process and the operations of an IQA to the Members preparatory to the first IQA meeting.
Explanation of Provide IQA Member Training
There are several business and university organizations with experience in deliberative IQA training.
Provide continuing security. Protection shall be of quality superior to that provided to a Federal Grand Jury and U.S. institutional symbols.
Explanation of Provide Continuing Security
It should be assumed that the IQA could become a terrorist target as is Congress, and it should be guarded accordingly.
Establish an IQA bank account and ensure deposit of funds for the IQA annual budgets at least one month in advance of its initial IQA convocation and its anniversaries.
Explanation of IQA Funds and Account
The government must have no financial influence over the IQA.
Ensure that law enforcement Agencies detect and gather evidence of violations of the gag order and of attempts to tamper with the IQA, its Members or families, IQA information, website, and communications. Exploit all legal means including periodic sting operations.
Explanation of Law Enforcement
Layered protection against tampering will make attempts less likely.
Provide the IQA with current and prompt access to Government information to enable it to perform its function.
Explanation of Access to Government Information
An example of this is data to help the IQA determine who is a legitimate voter and who is not.
The Congress, Using Congress’s Legislative Power to Enact and Information Resources, Shall:
Explanation of Congress Shall Enact the Following Legislation:
The employer of an IQA Member shall provide time away from their work in order to attend IQA Sessions (or care for children under six years old or disabled while the spouse who normally performs this function must attend the IQA). The employer (or an employer of the spouse of a Member if they have children under six years old and not in primary school, or disabled) shall continue their employment benefits during their term on the IQA. In computing benefits, time spent on IQA business shall be regular working time. The employee must return to work for any reasonable time the IQA releases them. Employers shall take no adverse employment action against employees due to service as an IQA Member. If their job function changes by mutual consent to accommodate IQA duty, the Employer shall reinstate the original job function and remuneration at the end of their term as an IQA Member.
Explanation of IQA Members’ Employer
The objective is to minimize a Member’s personal disruption caused by IQA attendance.
Fund the IQA as an entitlement of the People. Appropriate the annual budget for the IQA. The budget for the first year is $90 million, for the second year it is $75 million including start-up costs, and for subsequent years $60 million (unless the IQA gets approval for a different annual budget by Direct Initiatives.)
Explanation of Fund IQA
The U.S. Government can be given no economic control over the IQA; otherwise, it could leverage the economic control into political control. The threat is real since it is used extensively between Congress and the President.
The laws shall punish violations of the IQA gag orders, privacy, or tampering with the IQA or IQA Members or their families. A violation shall be a felony under the jurisdiction of the Federal Courts. Officers and directors of any organization shall be personally and corporately liable for failure to safeguard against violations by reasonable due diligence. The minimum penalty for each offense is ten days and the maximum is ten years in federal penitentiary plus a maximum fine of ten percent of net individual and/or organization assets.
Explanation of Enforcement of IQA Privacy
The punishments are substantial. The objective is to discourage violators before they start. For comparison, refer to the laws on DVD copyright infringement, where the crime is a federal felony investigated by the FBI. Citizens face a maximum $250,000 fine plus five years in federal penitentiary.
The Members must be vigorously protected from tampering and media interference. Special interests and other potential violators will often hide behind corporate shields, which must be penetrated for effective enforcement. Violators may be very wealthy and many organizations carry Officers and Directors insurance. Consequently, a fine based on simple fixed maximum amount is not a significant deterrent. Mandatory goal time, against which insurance cannot protect, and fines based on net worth are appropriate and efficacious.
Citizens or organizations who abuse their right to propose initiatives, especially where their abuse attempts to clog or confuse the system with publication of an excess of proposed initiatives or comments on proposed initiatives initiated by themselves or through their surrogates are subject to punishment. The maximum penalty is one year in federal penitentiary plus a maximum fine of five percent of net individual and/or organization assets.
Explanation of Prevent Abuse of Initiative Rights
If unconstrained, a malicious group of wealthy persons could arrange to propose many trivial or offensive initiatives. The punishment has to be sufficient to forestall this type of abuse
The laws shall punish Citizens who the lottery has selected to serve in the IQA and who a Federal Court has not excused, who fail to perform, who refuse or hide from their citizen’s duty, who are absent without leave, or whom the IQA dishonorably discharge. The penalty is a maximum of three months in federal penitentiary plus a maximum fine of five percent of net assets.
Explanation of IQA Members Who Fail Their Duty
The laws shall punish Citizens who the lottery has selected to serve in the IQA and who a Federal Court has not excused, who fail to perform, who refuse or hide from their citizen’s duty, or whom the IQA dishonorably discharge. The penalty is a maximum of three months in federal penitentiary plus a maximum fine of five percent of net assets.
The laws shall ensure that no copyright of any proposed Initiative is enforceable against the IQA, IQA Members, the United States Electorate, or the United States Government once the Initiative authors publish the Initiative or cause it to come to the attention of the IQA.
Explanation of Copyright of Proposed Initiative
This simply avoids potential claims of copyright.
President, the Congress, the Supreme Court, and the States Combined Shall:
Explanation of Governmental Combined Actions
Resolve any jurisdiction issues to implement a gag order and secrecy order to protect the confidentiality of the IQA’s deliberations, each Member’s privacy, and their family’s privacy. These orders shall extend to protect ex-Members while the Electorate has still to vote on the ex-Member’s Initiative efforts for a minimum of two years and a maximum of five years. The orders shall not limit IQA and IQA Members’ access to published materials. The orders shall exclude Materials published by the IQA. Where applicable, the orders shall use the Federal Grand Jury system and Federal Rules of Criminal Procedure as minimum standards. Coordinate the penalties with those for tampering with the IQA, Members, or family.
Explanation of Resolve Jurisdiction Issues
Inter-governmental jurisdictional disputes might stall convocation or harm the formation of the IQA.
Enact such rules, laws, and decisions necessary to implement the requisite duties of the IQA and IQA Members.
Explanation of Enable IQA Members to Perform Their Duties
Once selected, a Citizen’s duty to participate in the IQA must not be undermined by federal, state or local government.
Excuse an IQA Member from duty only in case of excessive hardship proven before an expedited hearing in a United States Federal Court nearest the citizen’s residence. Failure to fulfill the duty shall be contempt of that court. The Courts shall consider excuse guidelines prepared by the IQA.
Explanation of Excessive Hardship
Excessive hardship excuse should only be given in genuine cases. The current ease of avoiding jury duty cannot carry over to IQA Members.
Provide the IQA with prompt free equal access to their libraries, collections, information and data, both hard copy and electronic, unless for valid non-trivial reasons of secret classification.
Explanation of Access to Information
Access to all necessary information is essential to the IQA’s function.
Include all Initiatives on the election ballots and fund the costs from existing sources including the cost of printing a pamphlet describing the Initiatives and distributing the pamphlet with other voter information. Voters shall cast their votes and election official shall count the votes in a manner similar to those used for candidates for the United States House of Representatives.
Explanation of Election Ballots
Lest anyone try to subvert the nationwide Initiative process by omitting Initiatives from the ballot, the process must be defined to occur with other ballot processes.
Promptly inform the IQA if they decide or intend not to process a requests for advice or opinion, otherwise the advice or opinion shall be in writing, freely given, and provided in a timely manner. The Senate, the House of Representatives, the President, and the Supreme Court shall each send to the IQA brief timely written opinion on Candidates Initiatives. The IQA will include these opinions with each Candidate Initiative for the Electorate’s guidance.
Explanation of Processing Requests
The IQA should seek advice and opinion from government. If it will not be forthcoming, the IQA must be informed so it can proceed without it.
Cooperate with one another and with the IQA to avoid delay so that the people may vote on Initiatives at the earliest date.
Explanation of Avoid Delay
Government agencies are responsible for cooperating with each other so that issues are not ignored and agencies do not pass the blame from one to another.