S. J. RES. 67
IN THE SENATE 0F THE UNITED STATES
July 11 (legislative day, MAY 18), 1977
Mr. Abourezk (for himself and Mr. Hatfield) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary.
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.
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 following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution if ratified by the legislatures of three-fourths of the several States:
Section 1. The people of the United States shall have the power to propose and enact laws in accordance with this article except with respect to carrying out the powers granted to Congress in clauses 11 and 15 of article I, section 8 of this Constitution. This article does not grant the people of the United States the power to propose amendments to this Constitution.
“Sec. 2. A law is proposed by presenting to the chief law enforcement officer of the United States a petition that sets forth the text of the proposed law and contains signatures, collected within the eighteen months prior to such presentation, of registered voters equal in number to three per centum of the ballots cast in the last general election for President and which includes the signatures of registered voters in each of ten States equal in number to three per centum of the ballots cast in the last general election for President in each of the ten States. Within 90 days of such presentation , the chief law enforcement officer of the United States shall determine the validity of the signatures contained in such petition through consultation with the appropriate States. Upon a determination that such petition contains the required number of valid signatures, he shall certify such petition. He shall then direct that the proposed law be placed on the ballot at the next genera] election held for choosing Members of the House of Representatives occurring at least one hundred and twenty days after such certification. The Congress shall provide by law reasonable procedures for the preparation and transmittal of such petitions, and for certification of signatures on such petitions. For the purposes of this section, the term ‘State’ shall include the District of Columbia.
“Sec. 3. A proposed law shall be enacted upon approval by a majority of the people casting votes with respect to such proposed law and shall take effect thirty days after such approval except as otherwise provided in the proposed law. Any law enacted pursuant to this article shall be a law the same as any other law of the United States, except that any law to repeal or amend a law enacted pursuant to this article during the two years immediately following its effective date must receive an affirmative roll call vote of two-thirds of the Members of each House duly elected and sworn. No law, the enactment of which is forbidden the Congress by this Constitution or any amendment thereof, may be enacted by the people under this article.
“Sec. 4. The Congress and the people shall have the power to enforce this article by appropriate legislation.”
Reference added by People’s Lobby:
· Article 1 Section 8. Powers Granted to Congress
· Clause 11. WAR. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
· Clause 12 Army. To raise and support armies, but no appropriation of money to that use shall be fore a longer term than two years.