Popular Amendment Movement
There is only one way to end the "money buying elections" issue and I've been trying to get everyone of you involved for over three years. If you haven't gone to www.faircampaignreform.us yet and gotten involved in the Popular Amendment Movement, why not? This is the ONLY way that the American citizens can ever take back the power of our electoral system. Congress will never do anything that will get past the current activist conservative SCOTUS to correct the problem. It is time to take the implied method that our founding fathers gave us, per James Wilson: http://www.usconstitution.net/constam.html
Popular Amendment
One other way of amendment is also not mentioned in the Constitution, and, because it has never been used, is lost on many students of the Constitution. Framer James Wilson, however, endorsed popular amendment, and the topic is examined at some length in Akhil Reed Amar's book, The Constitution: A Biography.
The notion of popular amendment comes from the conceptual framework of the Constitution. Its power derives from the people; it was adopted by the people; it functions at the behest of and for the benefit of the people. Given all this, if the people, as a whole, somehow demanded a change to the Constitution, should not the people be allowed to make such a change? As Wilson noted in 1787, "... the people may change the constitutions whenever and however they please. This is a right of which no positive institution can ever deprive them."
It makes sense - if the people demand a change, it should be made. The change may not be the will of the Congress, nor of the states, so the two enumerated methods of amendment might not be practical, for they rely on these institutions. The real issue is not in the conceptual. It is a reality that if the people do not support the Constitution in its present form, it cannot survive. The real issue is in the practical. Since there is no process specified, what would the process be? There are no national elections today - even elections for the presidency are local. There is no precedent for a national referendum. It is easy to say that the Constitution can be changed by the people in any way the people wish. Actually making the change is another story altogether.
Suffice it to say, for now, that the notion of popular amendment makes perfect sense in the constitutional framework, even though the details of effecting popular amendment could be impossible to resolve.
It was upon this basis that I and a group of other Newsvine posters developed these two amendment proposals in July/August 2010 when we saw what Citizens United was leading to in the Congressional and state-wide races. I then paid to host the website for promoting the Popular Amendment Movement effort. Keeping the website running is my contribution to the cause, since I live in the US Virgin Islands where we have NO vote for president, NO representation in the Senate, and NO VOTE on the floor of the House (only a vote in whatever committee(s) our Delegate to Congress can be assigned to.) Yet our entire governance is determined by Congress through the Organic Act. We are basically second class citizens in the US territories. I lost my voice in government when I chose to move from OH to St. Croix in 1995 (for better weather.) PAM is a totally grassroots organization. We do not solicit any contributions and we have no formal organization. The website is the basic "organization." Download the petitions below from the site, sign them, circulate them among family, friends, neighbors, and co-workers. Email to everyone you know. Help form a local grassroots movement to collect the signatures and petitions, then work with other communities to form county/regional groups and a state-wide movement. Check with your Secretary of State to determine how many valid signatures would be required for YOUR state to call for the constitutional convention that would be required to pass these amendments. BE SURE TO MAKE COPIES OF EVERY PETITION AND HAVE THEM "DATE STAMPED" when you file the original petitions so that you have a record of what signatures were filed and when. That is your protection to make sure that your Secretary of State can't deny you your rights under the Constitution. OFA and all other grassroots groups should have been assisting in this effort for the past two years. It is not too late to get this done before the 2014/16 election cycle.
Petition for US Constitutional Amendment For Election Reform
We, the undersigned US citizens, duly registered voters in our respective states/territories, do hereby petition for our state to approve the following amendment to the United States Constitution by the method noted below.
Election Reform:
1. Abolish the Electoral College (Repeal Amendment 12)
2. ONE NATIONAL primary date to be held on the Tuesday eight (8) weeks prior to the General Election day for Congressional offices and for the President. Candidate petitions must be filed with the local/state elections boards 60 days prior to the Primary Election date. Federal election petitions shall be uniform in every state and shall include a “contract with the voters” that spells out clearly what that candidate stands for on all issues that they may have to address in elected office. They shall be held accountable in court for breach of that contract if elected and any/all terms are not met.
3. NO campaigning allowed for any elective federal office more than 60 days prior to the National Primary Date.
4. NO campaign contribution shall be donated to any candidate of more than $200 from an individual or $500 maximum from a family (spouses/children living in the same household.) No donations shall be made to a candidate more than sixty days prior to the primary date. No candidate shall contribute from their own funds more than 60% of the total donations from other private individuals.
5. NO campaign contribution from any PAC, corporation, union, non-profit organization, special interest group, etc. shall be allowed for any elected federal office.
6. NO third party campaigning (separate PAC ads, corporate ads, etc.) for/against any candidate shall be allowed at any time during or before the election season.
7. NO party conventions shall be held to select the presidential candidates. The selection must be done at the ballot box in the primary election.
8. The One Man/One Vote Supreme Court ruling shall be enforced by this Amendment, namely that NO federal candidate selection shall be by any means other than the ballot box on Primary/General Election Dates.
9. National Party Organizations shall NOT raise money for or donate to specific candidates of their party prior to the dates outlined above.
10. PAC’s shall NOT be granted tax-exempt status by the IRS, and any non-profit organization who uses their funding for political purposes shall lose their tax-exempt status.
11. All lobbyists shall be outlawed from influencing Congress at all times.
This amendment shall be approved ONLY by State Constitutional Conventions to be called within 90 days of this petition being submmitted to a state’s Secretary of State. A minimum of 25% of the registered voters in each state shall be required to further this petition to the respective Secretary of State.
Name Signature State Address
Petition for US Constitutional Amendment For Congressional Term Limits
We, the undersigned US citizens, duly registered voters in our respective states/territories, do hereby petition for our state to approve the following amendment to the United States Constitution by the method noted below.
Term Limits for Congress:
1. Representatives to Congress shall serve no more than two two-year terms in the House.
2. Senators shall be elected to no more than two six year terms in the Senate.
3. No elected official shall serve more than six terms in office in any combined elected offices (House/Senate/Presidency.)
This amendment shall be approved ONLY by State Constitutional Conventions to be called within 90 days of this petition being submmitted to a state’s Secretary of State. A minimum of 25% of the registered voters in each state shall be required to further this petition to the respective Secretary of State.
Name Signature State Address
Popular Amendment
One other way of amendment is also not mentioned in the Constitution, and, because it has never been used, is lost on many students of the Constitution. Framer James Wilson, however, endorsed popular amendment, and the topic is examined at some length in Akhil Reed Amar's book, The Constitution: A Biography.
The notion of popular amendment comes from the conceptual framework of the Constitution. Its power derives from the people; it was adopted by the people; it functions at the behest of and for the benefit of the people. Given all this, if the people, as a whole, somehow demanded a change to the Constitution, should not the people be allowed to make such a change? As Wilson noted in 1787, "... the people may change the constitutions whenever and however they please. This is a right of which no positive institution can ever deprive them."
It makes sense - if the people demand a change, it should be made. The change may not be the will of the Congress, nor of the states, so the two enumerated methods of amendment might not be practical, for they rely on these institutions. The real issue is not in the conceptual. It is a reality that if the people do not support the Constitution in its present form, it cannot survive. The real issue is in the practical. Since there is no process specified, what would the process be? There are no national elections today - even elections for the presidency are local. There is no precedent for a national referendum. It is easy to say that the Constitution can be changed by the people in any way the people wish. Actually making the change is another story altogether.
Suffice it to say, for now, that the notion of popular amendment makes perfect sense in the constitutional framework, even though the details of effecting popular amendment could be impossible to resolve.
It was upon this basis that I and a group of other Newsvine posters developed these two amendment proposals in July/August 2010 when we saw what Citizens United was leading to in the Congressional and state-wide races. I then paid to host the website for promoting the Popular Amendment Movement effort. Keeping the website running is my contribution to the cause, since I live in the US Virgin Islands where we have NO vote for president, NO representation in the Senate, and NO VOTE on the floor of the House (only a vote in whatever committee(s) our Delegate to Congress can be assigned to.) Yet our entire governance is determined by Congress through the Organic Act. We are basically second class citizens in the US territories. I lost my voice in government when I chose to move from OH to St. Croix in 1995 (for better weather.) PAM is a totally grassroots organization. We do not solicit any contributions and we have no formal organization. The website is the basic "organization." Download the petitions below from the site, sign them, circulate them among family, friends, neighbors, and co-workers. Email to everyone you know. Help form a local grassroots movement to collect the signatures and petitions, then work with other communities to form county/regional groups and a state-wide movement. Check with your Secretary of State to determine how many valid signatures would be required for YOUR state to call for the constitutional convention that would be required to pass these amendments. BE SURE TO MAKE COPIES OF EVERY PETITION AND HAVE THEM "DATE STAMPED" when you file the original petitions so that you have a record of what signatures were filed and when. That is your protection to make sure that your Secretary of State can't deny you your rights under the Constitution. OFA and all other grassroots groups should have been assisting in this effort for the past two years. It is not too late to get this done before the 2014/16 election cycle.
Petition for US Constitutional Amendment For Election Reform
We, the undersigned US citizens, duly registered voters in our respective states/territories, do hereby petition for our state to approve the following amendment to the United States Constitution by the method noted below.
Election Reform:
1. Abolish the Electoral College (Repeal Amendment 12)
2. ONE NATIONAL primary date to be held on the Tuesday eight (8) weeks prior to the General Election day for Congressional offices and for the President. Candidate petitions must be filed with the local/state elections boards 60 days prior to the Primary Election date. Federal election petitions shall be uniform in every state and shall include a “contract with the voters” that spells out clearly what that candidate stands for on all issues that they may have to address in elected office. They shall be held accountable in court for breach of that contract if elected and any/all terms are not met.
3. NO campaigning allowed for any elective federal office more than 60 days prior to the National Primary Date.
4. NO campaign contribution shall be donated to any candidate of more than $200 from an individual or $500 maximum from a family (spouses/children living in the same household.) No donations shall be made to a candidate more than sixty days prior to the primary date. No candidate shall contribute from their own funds more than 60% of the total donations from other private individuals.
5. NO campaign contribution from any PAC, corporation, union, non-profit organization, special interest group, etc. shall be allowed for any elected federal office.
6. NO third party campaigning (separate PAC ads, corporate ads, etc.) for/against any candidate shall be allowed at any time during or before the election season.
7. NO party conventions shall be held to select the presidential candidates. The selection must be done at the ballot box in the primary election.
8. The One Man/One Vote Supreme Court ruling shall be enforced by this Amendment, namely that NO federal candidate selection shall be by any means other than the ballot box on Primary/General Election Dates.
9. National Party Organizations shall NOT raise money for or donate to specific candidates of their party prior to the dates outlined above.
10. PAC’s shall NOT be granted tax-exempt status by the IRS, and any non-profit organization who uses their funding for political purposes shall lose their tax-exempt status.
11. All lobbyists shall be outlawed from influencing Congress at all times.
This amendment shall be approved ONLY by State Constitutional Conventions to be called within 90 days of this petition being submmitted to a state’s Secretary of State. A minimum of 25% of the registered voters in each state shall be required to further this petition to the respective Secretary of State.
Name Signature State Address
Petition for US Constitutional Amendment For Congressional Term Limits
We, the undersigned US citizens, duly registered voters in our respective states/territories, do hereby petition for our state to approve the following amendment to the United States Constitution by the method noted below.
Term Limits for Congress:
1. Representatives to Congress shall serve no more than two two-year terms in the House.
2. Senators shall be elected to no more than two six year terms in the Senate.
3. No elected official shall serve more than six terms in office in any combined elected offices (House/Senate/Presidency.)
This amendment shall be approved ONLY by State Constitutional Conventions to be called within 90 days of this petition being submmitted to a state’s Secretary of State. A minimum of 25% of the registered voters in each state shall be required to further this petition to the respective Secretary of State.
Name Signature State Address