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“Every government degenerates when trusted to the rulers of the people alone. The people themselves are its only safe depositories.” (Thomas Jefferson)

Preface

The purpose of this State Referendum supporting a 2nd Method Limited Article V Constitutional Convention for a U.S. Constitutional Initiatives Amendment, is to provide the People with on-going Direct Initiative power to correct and override their Government when it becomes misrepresentative, ineffective, or corrupt. It authorizes some direct democracy by the People using nationwide initiatives based on the Athenian initiative system.

This U.S. Constitutional Amendment must define the Initiative process in sufficient detail to deny Congress the ability to subvert it. Therefore, this Amendment must be precise, complete, and relatively long.

State Referendum

A State-Initiated Referendum is available in every State. It the consummate way to process the U.S. Initiatives Amendment because it compellingly unites:

References incorporate two documents (Constitution Orders and Assembly Rules) because they are needed to enable the Amendment,Generic Polling Station for State Referendum but may later be repealed when the Amendment is in full effect.

The Draft anticipates and avoids potential problems in the amendment procedures that Congress has neglected to specify. It uses the US Constitution’s 2nd Method of amending, which does not require Congressional consent.

There are many reasons why this will benefit this State. However, its formal justification is based on the Congressional denial—in law or in principle—of the People’s constitutional rights under the Preamble and Article I Section 2 of the U.S. Constitution.

Limited Article V Convention

State Referenda create “same subject” Limited Convention Amendment applications to Congress without risk of a Constitutional challenge that any State has violated Article I, Section 10, Clause 3 (powers prohibited of States)

Status

This is currently an incomplete draft document (pending information from more States) subject to changes suggested by the People, for adoption by State Legislatures, and for proposal at a Limited Article V Convention of the States.

The impetus for a Referendum will rest mainly on the State’s view of Congressional performance and morality. It will also be strongly influenced over time by the actions of other States and by the effectiveness and status of the  Initiatives Amendment Pledge.

This preface, article titles and numbers, and explanations are not part of the Referendum.

0: State Referendum

A State Referendum (or Act) for an application by the [State Name] Legislature to the United States Congress for an Article V Limited 2nd Method Convention to propose an U.S. Constitutional Amendment authorizing U.S. Citizens’ Initiatives.
BE IT ENACTED BY THE [State Name] LEGISLATURE:

 

Explanation of State Referendum

Each state has a standard format to start a Referendum (or Act) formally; e.g., it will generally include a unique number, the House, session, date, sponsoring legislators, etc.

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1: State Referendum Act

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. Citizens’ Initiatives.

  1. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [?]:

Explanation of State Referendum Act

Each state has a standard format to start a bill formally. Eventually, it will generally include the bill number, the House, session, date, sponsoring legislators, etc.
The state application process has three steps:
1. This bill initiates the referendum
2. The referendum of the people: i. verifies the people’s wishes and ii. combines the moral authority and right of the People to alter their government with the constitutional duty and power of the State to do it
3. A bill based on the referendum will apply to Congress for an Article V Convention of the States

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2: Additional Unique Text

Additional text is needed here that will probably be unique for each State. The issue is being pursued.

Explanation of Additional Unique Text

Sate Constitutions vary greatly. It is unclear how many will be able to use a common format.

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