[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 103 Introduced in House (IH)]

  1st Session
H. J. RES. 103

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

                             July 26, 1995

   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 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 when 
ratified by the legislatures of three-fourths of the several States 
within seven years after the date of its submission for ratification:

                              ``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 submitted 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provision of law that shall cease to be effective if repealed under 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 signatures on 
such petition shall be at least 3 percent of the whole number of 
people, from all of the several States, 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 determine the validity 
of the signatures contained in the petition. 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.
    ``If Congress does not enact the proposed law or repeal, 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 
provision of law proposed to be repealed, contained in the petition, 
together with any amended version approved by Congress, 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 pursuant 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 enacted under 
this article shall be subject to approval of the President.
    ``The Congress may not, during the 2-year period beginning 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 effective, repeal or amend a law so enacted, or 
reenact any part of a law so repealed, except by an affirmative vote of 
two-thirds of the Members of each House of Congress.
    ``Section 4. The people in each State voting under this article 
shall have the qualification requisite for electors of the most 
numerous branch of the State legislature. The Congress shall by law 
prescribe the manner in which the results of the voting conducted under 
this article shall be ascertained and declared.''.
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