IA

104TH CONGRESS

1ST SESSION H. J. RES. 103

Proposing an amendment to the Constitution of the United States to give

citizens of the United States the right to enact and repeal laws by

voting on legislation in a national election.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 1995

Mr. HOEKSTRA 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 to give citizens of the United States the right

to enact and repeal laws by voting on legislation in

a national election.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled (two3 thirds of each House concurring therein), That the follow4 ing article is proposed as an amendment to the Constitu5 tion of the United States, which shall be valid to all intents

6 and purposes as part of the Constitution when ratified by

7 the legislatures of three-fourths of the several States with-
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1 in seven years after the date of its submission for ratifica2 tion:

3 ‘‘ARTICLE—

4 ‘‘SECTION 1. The people shall have the right to enact

5 any law which the Congress has authority to pass, and

6 to repeal any provision of law passed by Congress which

7 has become law, except that the people shall not have the

8 right to declare war, grant letters of marque and reprisal,

9 make rules concerning captures on land and water, or call

10 forth the militia.

11 ‘‘SECTION 2. A petition proposing the enactment of

12 a law, or the repeal of a provision of law, shall be submit13 ted to an officer of the Government of the United States

14 whom the Congress shall designate by law. Each petition

15 shall contain the text of the proposed law, or, in the case

16 of a proposed repeal of a provision of law, the text of the

17 provision of law that shall cease to be effective if repealed

18 under this article. Each petition shall be signed by at least

19 3 percent of the whole number of people, in each of at

20 least 10 States, who voted in the most recent election for

21 President, or for electors for President, occurring before

22 the date on which the petition is submitted to the officer

23 designated by Congress, and the total number of signa24 tures on such petition shall be at least 3 percent of the

25 whole number of people, from all of the several States,
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1 who voted in such election. All such signatures shall be

2 collected within the 18-month period ending on the date

3 the petition is submitted to the officer designated by the

4 Congress.

5 ‘‘Within 90 days after a petition is submitted to the

6 officer designated by the Congress, such officer shall de7 termine the validity of the signatures contained in the pe8 tition. If the petition contains the required number of valid

9 signatures, the officer shall certify the petition and shall

10 direct the chief executive officer in each State to place a

11 copy of the proposed law, or provision of law proposed to

12 be repealed, contained in the petition on the ballot in the

13 first election (other than an election to fill a vacancy) for

14 Members of the House of Representatives which is held

15 at least 120 days after such certification. The Congress

16 shall by law establish procedures for the preparation and

17 submission of any such petition and for the validation of

18 signatures on such petition.

19 ‘‘SECTION 3. If a law or repeal proposed under this

20 article receives a majority of the votes cast in three-fifths

21 of the several States, the proposed law or repeal shall be

22 introduced to the Congress by the Speaker of the House

23 of Representatives and the President pro tempore of the

24 Senate on the first day of the first session of Congress

25 following the vote.
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1 ‘‘If Congress does not enact the proposed law or re2 peal, without amendment, before the end of one year and

3 90 days after the first day of the first session of Congress

4 following the vote, the officer to whom the petition was

5 submitted shall direct the chief executive officer in each

6 State again to place a copy of the proposed law, or provi7 sion of law proposed to be repealed, contained in the peti8 tion, together with any amended version approved by Con9 gress, on the ballot in the first election (other than an

10 election to fill a vacancy) for Members of the House of

11 Representatives which is held at least 120 days after such

12 direction.

13 ‘‘If a law or repeal again placed on the ballot pursu14 ant to this article receives a majority of the votes cast

15 in three-fifths of the several States, the proposed law or

16 repeal shall be enacted and take effect according to its

17 terms.

18 ‘‘No law, or repeal of a provision of law, which is en19 acted under this article shall be subject to approval of the

20 President.

21 ‘‘The Congress may not, during the 2-year period be22 ginning on the date on which a law enacted by the people

23 under this article takes effect, or the date on which a law

24 repealed by the people under this article ceases to be effec25 tive, repeal or amend a law so enacted, or reenact any
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1 part of a law so repealed, except by an affirmative vote

2 of two-thirds of the Members of each House of Congress.

3 ‘‘SECTION 4. The people in each State voting under

4 this article shall have the qualification requisite for elec5 tors of the most numerous branch of the State legislature.

6 The Congress shall by law prescribe the manner in which

7 the results of the voting conducted under this article shall

8 be ascertained and declared.’’.

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