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Recall, Referendum, and Initiative/Amendment

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R2I | Amendment | Act Edit

Section 1.Edit

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 governmental officers they have elected and/or their appointees, to repeal legislation enacted by their representatives, or 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.Edit

The following sections of this Amendment 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.

Section 3.Edit

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 elected 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 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 the number of votes exceeds one-half of the number cast.

Section 4.Edit

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

Section 5.Edit

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 that official then that official whether elected or appointed will be recalled from office, and shall not be appointed to serve in the government of the United States.

Section 6.Edit

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 will 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 will 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 the ongoing war shall be ended within one hundred twenty days of that majority's being reached.

Section 7.Edit

Unlike legislation passed by the Congress of the United States which requires the approval of the Executive branch as a check on its power, legislation initiated and enacted by the people themselves under the authority of this Amendment does not require the Executive's approval and therefore neither does the Executive branch have veto power over it.

Similarly, legislation proposed, perfected, and enacted by the people as set forth in this amendment shall not be subject to emendation or repeal by the representatives of the people in their 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. Amendments to the Constitution are not subject to such 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 8.Edit

Only those defined as the people under Section 1 may contribute funds, services or property in support of or in opposition to 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 forty hours' wages at the minimum legal rate or one hundred dollars in any one calendar year.

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.

Section 9.Edit

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.

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If you have comments or suggestions, email me at jfl@28amen.org

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