IA

105TH CONGRESS

1ST SESSION H. J. RES. 21

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 7, 1997

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

7 ratified by the legislatures of three-fourths of the several
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1 States within seven years after the date of its submission

2 for ratification:

3 ‘‘ARTICLE —

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

5 have the power to propose and enact laws in accordance

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

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

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

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

10 to propose amendments to this Constitution.

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

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

13 proposed law and contains signatures, collected within the

14 eighteen months prior to such presentation, of registered

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

16 in the last general election for President, and which in17 cludes the signatures of registered voters in each of one18 fourth of the States equal in number to 3 percent of the

19 ballots cast in the last general election for President in

20 each such State. Within ninety days after such presen21 tation, the President shall determine the validity of the

22 signatures contained in such petition through consultation

23 with the appropriate States. Upon a determination that

24 such petition contains the required number of valid signa25 tures, he shall certify such petition. He shall then direct
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1 that the proposed law be placed on the ballot at the next

2 general election held for choosing Members of the House

3 of Representatives occurring at least one hundred and

4 twenty days after such certification. The Congress shall

5 provide by law reasonable procedures for the preparation

6 and transmittal of such petitions, and for the certification

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

8 section, the term ‘State’ shall include the District of Co9 lumbia.

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

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

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

13 of electoral votes equal to the number of Senators and

14 Representatives to which such State is entitled in the Con15 gress. The District of Columbia shall have a number of

16 electoral votes equal to the number of Senators and Rep17 resentatives to which it would be entitled in the Congress

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

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

20 law shall receive a proportion of the number of electoral

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

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

23 were cast for approval of such proposed law. In making

24 the computation, fractional numbers less than one-one25 thousandth shall be disregarded.
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1 ‘‘SECTION 4. Any law enacted pursuant to this article

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

3 States, except that any law to repeal or amend a law en4 acted pursuant to this article during the 2 years imme5 diately following its effective date must receive an affirma6 tive rollcall vote of two-thirds of the Members of each

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

8 which is forbidden the Congress by this Constitution or

9 any amendment thereof, may be enacted by the people

10 under this article.

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

12 the power to enforce this article by appropriate legisla13 tion.’’.

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