IA

104TH CONGRESS

1ST SESSION H. J. RES. 11

Proposing an amendment to the Constitution of the United States with

respect to the proposal and the enactment of laws by popular vote

of the people of the United States.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. SOLOMON introduced the following joint resolution; which was referred to

the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United

States with respect to the proposal and the enactment

of laws by popular vote of the people of the United

States.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all

6 intents and purposes as part of the Constitution when
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1 ratified by the legislatures of three-fourths of the several

2 States within seven years after the date of its submission

3 for ratification:

4 ‘‘ARTICLE —

5 ‘‘SECTION 1. The people of the United States shall

6 have the power to propose and enact laws in accordance

7 with this article, except with respect to carrying out the

8 powers granted to Congress in the 11th and 15th clauses

9 of article I, section 8, of this Constitution. This article

10 does not grant the people of the United States the power

11 to propose amendments to this Constitution.

12 ‘‘SECTION 2. A law may be proposed by presenting

13 to the President a petition that sets forth the text of the

14 proposed law and contains signatures, collected within the

15 eighteen months prior to such presentation, of registered

16 voters equal in number to 3 percent of the ballots cast

17 in the last general election for President, and which in18 cludes the signatures of registered voters in each of one19 fourth of the States equal in number to 3 percent of the

20 ballots cast in the last general election for President in

21 each such State. Within ninety days after such presen22 tation, the President shall determine the validity of the

23 signatures contained in such petition through consultation

24 with the appropriate States. Upon a determination that

25 such petition contains the required number of valid signa-
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1 tures, he shall certify such petition. He shall then direct

2 that the proposed law be placed on the ballot at the next

3 general election held for choosing Members of the House

4 of Representatives occurring at least one hundred and

5 twenty days after such certification. The Congress shall

6 provide by law reasonable procedures for the preparation

7 and transmittal of such petitions, and for the certification

8 of signatures on such petitions. For the purposes of this

9 section, the term ‘State’ shall include the District of Co10 lumbia.

11 ‘‘SECTION 3. A proposed law shall be enacted upon

12 receiving a majority of the number of electoral votes. For

13 purposes of this section, each State shall have a number

14 of electoral votes equal to the number of Senators and

15 Representatives to which such State is entitled in the Con16 gress. The District of Columbia shall have a number of

17 electoral votes equal to the number of Senators and Rep18 resentatives to which it would be entitled in the Congress

19 if it were a State, but in no event more than the number

20 of electoral votes of the least populous State. A proposed

21 law shall receive a proportion of the number of electoral

22 votes of each State equal to the proportion of the ballots

23 cast in such State with respect to such proposed law that

24 were cast for approval of such proposed law. In making
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1 the computation, fractional numbers less than one-one2 thousandth shall be disregarded.

3 ‘‘SECTION 4. Any law enacted pursuant to this article

4 shall be a law the same as any other law of the United

5 States, except that any law to repeal or amend a law en6 acted pursuant to this article during the 2 years imme7 diately following its effective date must receive an affirma8 tive rollcall vote of two-thirds of the Members of each

9 House duly elected and sworn. No law, the enactment of

10 which is forbidden the Congress by this Constitution or

11 any amendment thereof, may be enacted by the people

12 under this article.

13 ‘‘SECTION 5. The Congress and the people shall have

14 the power to enforce this article by appropriate legisla15 tion.’’.

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