IA
105TH CONGRESS
1ST SESSION
H. J. RES. 87
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
JUNE 25, 1997
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.
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled (two-
thirds of each House concurring therein), That the follow-
ing article is proposed as an amendment to the Constitu-
tion of the United States, which shall be valid to all intents
and purposes as part of the Constitution when ratified by
the legislatures of three-fourths of the several States with-
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in seven years after the date of its submission for ratifica-
tion:
‘‘ARTICLE —
‘‘SECTION 1. The people shall have the right to enact
any law which the Congress has authority to pass, and
to repeal any provision of law passed by Congress which
has become law, except that the people shall not have the
right to declare war, grant letters of marque and reprisal,
make rules concerning captures on land and water, or call
forth the militia.
‘‘SECTION 2. A petition proposing the enactment of
a law, or the repeal of a provision of law, shall be submit-
ted to an officer of the Government of the United States
whom the Congress shall designate by law. Each petition
shall contain the text of the proposed law, or, in the case
of a proposed repeal of a provision of law, the text of the
provision of law that shall cease to be effective if repealed
under this article. Each petition shall be signed by at least
3 percent of the whole number of people, in each of at
least 10 States, who voted in the most recent election for
President, or for electors for President, occurring before
the date on which the petition is submitted to the officer
designated by Congress, and the total number of signa-
tures on such petition shall be at least 3 percent of the
whole number of people, from all of the several States,
•HJ 87 IH
who voted in such election. All such signatures shall be
collected within the 18-month period ending on the date
the petition is submitted to the officer designated by the
Congress.
‘‘Within 90 days after a petition is submitted to the
officer designated by the Congress, such officer shall de-
termine the validity of the signatures contained in the pe-
tition. If the petition contains the required number of valid
signatures, the officer shall certify the petition and shall
direct the chief executive officer in each State to place a
copy of the proposed law, or provision of law proposed to
be repealed, contained in the petition on the ballot in the
first election (other than an election to fill a vacancy) for
Members of the House of Representatives which is held
at least 120 days after such certification. The Congress
shall by law establish procedures for the preparation and
submission of any such petition and for the validation of
signatures on such petition.
‘‘SECTION 3. If a law or repeal proposed under this
article receives a majority of the votes cast in three-fifths
of the several States, the proposed law or repeal shall be
introduced to the Congress by the Speaker of the House
of Representatives and the President pro tempore of the
Senate on the first day of the first session of Congress
following the vote.
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‘‘If Congress does not enact the proposed law or re-
peal, without amendment, before the end of one year and
90 days after the first day of the first session of Congress
following the vote, the officer to whom the petition was
submitted shall direct the chief executive officer in each
State again to place a copy of the proposed law, or provi-
sion of law proposed to be repealed, contained in the peti-
tion, together with any amended version approved by Con-
gress, on the ballot in the first election (other than an
election to fill a vacancy) for Members of the House of
Representatives which is held at least 120 days after such
direction.
‘‘If a law or repeal again placed on the ballot pursu-
ant to this article receives a majority of the votes cast
in three-fifths of the several States, the proposed law or
repeal shall be enacted and take effect according to its
terms.
‘‘No law, or repeal of a provision of law, which is en-
acted under this article shall be subject to approval of the
President.
‘‘The Congress may not, during the 2-year period be-
ginning on the date on which a law enacted by the people
under this article takes effect, or the date on which a law
repealed by the people under this article ceases to be effec-
tive, repeal or amend a law so enacted, or reenact any