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.