National initiative

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The National initiative is a proposed process to petition an initiative at the federal level in the United States via a national vote on the national ballot measure. While some U.S. states allow direct or indirect initiatives, there are currently no national initiatives in the United States. The process and system for a national initiative was proposed in the early 2000s by the late Mike Gravel, a former U.S. Senator, and the Democracy Foundation, a non-profit non-governmental organization. The set of proposals, referred to by its proponents as the National Initiative for Democracy (and later renamed National Citizens Initiative for Democracy in 2012 ), gathered endorsements from author, activist and former independent candidate for President of the United States Ralph Nader; linguist, philosopher, political activist and author Noam Chomsky; author of The Tao of Democracy and co-director of the non-profit Co-Intelligence Institute Tom Atlee; and socialist thought-leader and author of A People's History of the United States Howard Zinn.

National Initiative for Democracy (USA)

The National Initiative for Democracy (NI4D) is a proposed constitutional amendment (Democracy Amendment) which recognizes the people's right to make laws at the local, state and federal level of every jurisdiction in the country and a federal law (Democracy Act) which spells out orderly procedures for the people to develop and vote on laws. "The National Initiative does not change or eliminate Congress, the President, or the Judicial Branch of government. Laws created by initiative must still stand up in the courts just like laws created by Congress." The National Initiative adds an additional check—the people—to America's system of checks and balances, while setting up a working partnership between the People and their elected representatives. The framers of the National Initiative for Democracy believe the law-making branch of government (Congress) no longer effectively represents the will of the American people. They believe as America continues to grow and diversify, Congress can only become less and less effective in representing the masses; that the gap between the elite decision-making few and the ever diversifying average citizen can only be bridged through direct citizen participation in governing. They contend that while "voting out" representatives from office or enacting term limits is a good idea, those actions do not address the basic, fundamental flaw of governing an enormous, increasingly heterogeneous population by a tiny, elite few. They believe that recent technological advances have made it possible for all Americans to voice their opinions on policies and laws which affect their lives; technology that did not exist in 18th century America, when the Constitution was written. The National Initiative for Democracy believes direct citizen participation in law-making is the sovereign right of all Americans and should no longer be the exclusive right of Congress (at the federal level). Since it does not seek to abolish Congress, the States' Constitutional right to a representative form of government stated in Article I, Section 1, remains unaffected. The Supreme Court has recognized the Constitutional right of citizens to make laws at the state level but oddly, not at the federal. The National Initiative believes most of the existing state initiative processes have the right idea but are terribly flawed. NI4D designed their proposal to specifically address those shortcomings. Their proposal encompasses a unique, multi-step, deliberative process, by which citizens can initiate and enact laws. A process they believe has eliminated, to the further extent possible, the feared "mob rule" mentality. By 2009, 24 US states had an initiative process in place at the state level. The proposed National Initiative would be somewhat similar to those already in place at the state level, but they would differ in the following significant ways:

Background

The Democracy Foundation and the Philadelphia II Corporation are non-profit organizations established by former United States Senator Mike Gravel (Democratic Party, Alaska, 1969–1981). These organizations were established in conjunction to promote direct democracy through the enactment of a Constitutional amendment and a related Federal statute. If enacted, the amendment would both assert and codify the people's right to make laws, and outline the structure of the Electoral Trust. The "Democracy Act" or federal statute would outline the details with which the constitutional amendment would be implemented. The Democracy Foundation is the sponsor of the Democracy Amendment and the Democracy Act. It is also responsible for fundraising and educational efforts. The Philadelphia II Corporation was established separately to administer the national vote the organization hopes to use to enact the proposed legislation through the method of 'direct decree by the People'. Direct decree The process of direct decree is the legal basis proposed by The Democracy Foundation with which it hopes to sustain its proposed enactments. Direct decree is premised with the fact that 'people's sovereignty' implemented the US political system by direct decree in the United States Constitution. It cites that document's opening clause, "We the people" as evidence of the same premise. By proposed logical extension, having legally created the government of the United States the people may alter it at any time in similar fashion. The concept of direct decree further posits that although the authority of the United States Congress is limited by the constitution, the authority of the people is inherently sovereign and above the authority of the state. By such a theory any measure voted upon and approved by the popular majority of the people is posited to be legally binding and authoritative over all other law. NI4D does not accept the long-held belief that the two ways spelled out in Article V of the U.S. constitution are the only ways in which the constitution can be amended. The argument for bypassing Article V is that Article V dictates the means which representatives can amend the constitution but does not expressly forbid amendment by the popular vote of the People in its wording. This notion is supported by constitutional scholar Akhil Reed Amar: "...Article V nowhere prevents the People themselves, acting apart from ordinary government, from exercising their legal right to alter or abolish government, via the proper legal procedures. Article V presupposes this background right of the People, and does nothing to interfere with it. It merely specifies how ordinary government can amend the constitution without recurring to the people themselves, the true and sovereign source of all lawful power."

Summary of the proposal

The National Initiative for Democracy is a proposed Amendment to the US Constitution that recognizes the people's right to make laws, and an accompanying Federal Law that spells out the procedures for the people to develop and vote on laws. This proposed law making is supplemental to those means existing and established through the institutions of representative government (i.e. Congress and the President). If enacted, the proposed Amendment and the proposed Act, a Federal Statute would become law. The proposed amendment to the Constitution: The proposed Federal Statute: This legislation considers itself to be enacted when it has received a number of affirmative votes greater than half the total number of votes cast in the presidential election occurring immediately prior to its certification. The United States Constitution (via Article VII) also self-enacted. This is neither a government held nor a government sanctioned election. As of this writing, there is currently no official method laid out in the United States Constitution for the people to hold such an election. However, the authority for effecting such a constitutional reform is proposed to derive from:

History

The National Initiative for Democracy, primarily associated with Mike Gravel, seeks broad public support. Gravel founded The Democracy Foundation and the Philadelphia II corporation and played a significant role in drafting the Amendment and Act's text. This draft was publicly reviewed at the Democracy Symposium in February 2002. The initiative's aim to establish a national ballot initiative through popular vote is one among several efforts pursued by Gravel, including previous attempts to promote constitutional amendments during his tenure as a Senator. While it's stated that former presidential candidate Ralph Nader supports the initiative, this assertion requires proper citation.

In popular culture

A proposal for a national initiative is featured as part of the plot in the 1977 film Billy Jack Goes to Washington, the fourth and last of the Billy Jack series. In the film, Billy Jack is appointed a United States Senator. Seeking to keep him out of the Senate on a day when a controversial energy bill is being voted on, another Senator suggests he meet with a grassroots group that day instead. The group is working to pass a national initiative and Billy Jack becomes convinced of their cause. Billy Jack ends up filibustering in the Senate giving a long speech supporting a national initiative. Mike Gravel and the National Initiative are featured in the documentaries Dear America, directed by Nico Holthaus, and It's Time We Talked.

Mike Gravel presidential campaign for 2008

The former United States Senator Mike Gravel in 2006 declared his candidacy for the 2008 Democratic nomination for President of the United States motivated primarily by his ardent support for direct democracy and the National Initiative proposal with which he is closely associated.

Tom Steyer presidential campaign for 2020

Steyer's platform included creating a process for national initiative.

Links to The National Initiative

Independent analysis and references

Foreign equivalent efforts

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