The
National Initiative For Democracy
Fundamentally the National Initiative For Democracy establishes an initiative system at the national level similar to those already used in 24 states. It does offer an amendment proposal to the Constitution. In fact FOAVC discusses this same idea in these FAQs as part of the solution to the current national problem.
The problem with this proposal
is not the proposal itself. Rather the problem is the means by which it
is proposed. The backers of this “National Initiative” state on their website,
“This vote is no poll.
It’s as legal as the
conventions which ratified the Constitution. Senator Gravel keeps your
email, registered address, etc. with your vote so it can be verified, but will share this data ONLY with the government when
ratification is complete: when more than half the people who voted in the previous Presidential
election vote for the Initiative. You can change your vote at any time
until then. This will take
several years. ... Please Vote to Ratify the National Imitative.”
The statement by the
supporters of this “vote” is clear. If a sufficient number of people “vote” for
this “initiative” then it has legal
force, equivalent to that of the ratification convention held to ratify the
United States Constitution. The “vote” is taken over several years and is as
“legal” as ratification conventions used to ratify the Constitution. Thus this
“vote” can be imposed on the Constitution and the government of the United
States without following the amendment procedures set forth in Article V.
These statements are
entirely false and misleading. In the first place, a “vote” that has legal
effect must be held under existing voting laws of either a state or the
national government. This initiative has neither nor is it conducted by any
legally constituted governmental body. Second, it is only the opinion of the
supporters with no court ruling nor action by any legislative body to support
this premise, that their “vote” is “as legal as the conventions which ratified
the Constitution.” Third, the terms of the “vote” are left entirely to the
supporters to decide, an obvious conflict with any state and federal voting
laws.
Article V of the
Constitution lays out a specific procedure for amending the Constitution of the
United States. If the supporters of this movement follow that procedure, then
their proposal would in fact become a constitutional amendment and therefore
have, according to the terms of Article V, full legal effect as does the rest
of the Constitution. If they do not follow that procedure then the proposal has
no legal effect whatsoever. Despite their comments to the contrary, what they are
holding is a poll and has no more legal effect than any other poll. They are in
fact suggesting by publication an overthrow of the constitutional form of
government in that they propose their “vote” must be taken as a legal vote of
“ratification” for a change is government by-passing the method of amendment
stated in Article V. Any attempt to actually take action toward this goal could
be viewed by the government as a criminal act
and could include all persons who have signed this “vote.”
It is entirely legal to
propose a change in government and work within the system of government to
bring about that change. It is the right of every citizen to do this. It is
entirely illegal to attempt to bring about this change by operating outside
this system of government and attempting to impose that change on the
government or the people that it represents. This fact applies not only to all
citizens but the members of the government as well.