Perfect Democracy Amendments
An elegantly simple, yet incredibly powerful reform that instantly puts the form of a perfect democracy in place.
The majority, having the whole power of the community naturally in them, may employ all that power in making laws for the community, and executing those laws by officers of their own appointing; and then the form of the government is a perfect democracy.”
John Locke
In this passage from his Second Treatise of Government (1689), John Locke used the term “perfect democracy” in the same way the term “pure democracy” is sometimes used to describe the form of government commonly known as direct democracy.
In a direct democracy citizens vote directly to make most, if not all, major political decisions, including decisions related to the form of the government, the “just powers” of the government, what rights are to be secured and protected by the government, and what other laws are to be enacted. In making those decisions, every citizen of a community, state, or nation has an equal vote, and the votes of the majority determine the outcome.
Direct democracy is “pure” because it is considerably more difficult to corrupt a government when power is distributed equally among all the citizens of a community, state, or nation.
Referendums and the Initiative
Two Powerful Forms of Direct Democracy
An election in which the people of a community, state, or nation vote directly to determine whether a proposed law or constitutional amendment is enacted or rejected is commonly called a referendum. Referendums can be called by various methods: by a legislative body, according to mandates in a constitution, or by the people through the initiative, which gives citizens the power to initiate and enact legislation, including constitutional amendments, without the involvement or approval of a legislature.
The adoption of referendums and/or the initiative in twenty-three states in the twenty-year period between 1898 and 1918 was one of the most significant and enduring victories for democracy in America. There are currently twenty-six states in America that have provisions for referendums and/or the initiative in their state constitutions. The details regarding how referendums are called and how initiatives are conducted vary from state to state. There is no provision for referendums or the initiative in the Constitution of the United States.
The main problem with referendums and the initiative in the states that already have provisions for them, is that calling a referendum or putting a proposal on the ballot through the initiative is far more difficult and expensive than it should be, requiring the gathering of hundreds of thousands of signatures on petitions. In some cases, elected officials in charge of drafting ballot language, who are opposed to a ballot proposal, adopt deliberately deceptive language in an attempt to get low-information voters to vote against a ballot proposal. And election officials in most states are empowered to reject signatures on petitions with impunity, which effectively (and unjustly) increases the number of signatures required to get a proposal on the ballot.
Despite these difficulties, states with referendums and the initiative have been able to increase the minimum wage, expand Medicaid, repeal anti-worker so-called “right-to-work” laws, enact ethics laws, and pass other laws supported by the people but opposed by “representatives” who do not truly represent the will of the people.
Some politicians in states that have referendums and the initiative, unhappy with the occasional success of ballot proposals, have introduced legislation that would make it even more difficult to use the initiative. If these antidemocratic amendments are enacted, it will be a significant setback for democracy.
In a true democracy, proposed legislation should be put on the ballot through the initiative, and approved or rejected in a referendum, anytime it appears likely that a legislature has failed to enact legislation that is supported by most of the citizens. Veto referendums should be called anytime it appears likely that legislation that does not have the support of most of the citizens has been enacted by a legislature. If we want to make America a perfect democracy, we need to make it easier to call referendums and use the initiative.
"The best defense is a good offense."
There is a great deal of discussion at present regarding democracy being under attack in America and the need to protect and defend our democracy. When it comes to defending democracy, an adage commonly associated with sports and warfare applies – “the best defense is a good offense”. We need to do more than defend democracy. We need to proactively promote democracy.
The best way to promote democracy in America is to enact Perfect Democracy Amendments that extend the use of referendums and the initiative to the federal government and to the states that do not yet provide for them and make it easier to call referendums and use the initiative.
There are two ways we can make it easier to call referendums and use the initiative: by allowing citizens to sign petitions electronically (online) and by implementing a legislative version of referendums and the initiative that allows a super-minority of legislators to call referendums or put legislation on the ballot by signing resolutions.
These are not new ideas. Citizens in the European Union have been able to “sign” petitions online since 2011 by submitting electronic Statements of Support. Denmark has experimented with allowing one-third or more of the members of its Parliament to call referendums. That provision has not been used recently, presumably because Denmark has had numerous national referendums, making the legislative referendum unnecessary. For most of the twentieth century, Finland allowed a one-third or more super-minority of legislators to delay implementation of legislation until after the next election. (Giving voters an opportunity to vote legislators out of office if they disagree with the legislation enacted.)
The exact language of Perfect Democracy Amendments will vary from state to state depending on whether a state’s constitution already provides for referendums and/or the initiative and based on differences in the language and composition of constitutions. Empowering the people of the United State to call referendums and use the initiative will involve either amending Article V of the Constitution or adding a separate Perfect Democracy Amendment.
Enacting Perfect Democracy Amendments will put the form of a Perfect Democracy in place and empower the people of the United States to enact the additional reforms needed to make America a perfect democracy.
Referendums and the initiative make it considerably more likely that government will “promote the general Welfare”.
Online Accounts for Politically Active Citizens
We can bring democracy into the 21st century by harnessing the power of the Internet.
To be a perfect democracy in the 21st century, a government must strike the proper balance between direct democracy and representative democracy. Every citizen must have both an equal vote and equal representation. To the extent that the power to enact laws is delegated to, or shared with, a representative assembly, there must be a strong (near perfect) correlation between acts of the legislature and the will of the people. Implementing systems of Proxies for Citizens is the key to accomplishing that goal by ensuring equal representation for politically active citizens. Referendums and the initiative will give every citizen an equal vote when Congress or a state legislature enacts legislation that does not have the support of the people or fails to enact legislation supported by the people.
Although referendums were called and proposals put on the ballot long before the Internet came into being and systems of Proxies for Citizens could be implemented without including an online component by using paper forms, we should take full advantage of the many ways the Internet can make it much easier for citizens to be politically active.
Establishing Online Accounts for Politically Active Citizens will make it much easier to call referendums, use the initiative to put proposals on the ballot, and assign (and reassign) proxies.
Websites like Congress.gov and state government websites already make a wealth of information regarding legislation available online, including information regarding legislation and members of Congress and state legislatures. Candidates for public office and a wide range of political organization maintain websites.
There are sure to be concerns expressed regarding security and privacy related to Online Accounts for Politically Active Citizens. It is a near certainty that there will be problems to deal with in that regard. Precautions, similar to those that are in place to protect our money, privacy, and identity when we shop online, pay bills online, et cetera, should obviously be put in place. Hackers and other individuals seeking to invade or corrupt online accounts should be penalized appropriately.
We must, however, take full advantage of the opportunities to bring democracy into the 21st century and use technology to our advantage as we seek to make America a perfect democracy.
Legislative Referendums and Initiatives
Empowering a minority of representatives to support democracy by referring legislation to the citizenry.
As stated above, in a true democracy, referendums should be conducted anytime it appears likely that a majority of the citizens of a state or nation are opposed to a law or amendment that has been passed by a legislature or that a legislature has failed to enact legislation that is supported by a majority of the citizens.
Although there are some politically active citizens and organizations that do a reasonably good job of keeping track of the tsunami of legislation that is introduced in Congress and state legislatures, doing so is part of the job for legislators. Within the present system, a minority of the members of legislative bodies routinely block legislation (some of which has the support of a majority of the voters) by filibustering or taking advantage of the many other ways to block legislation embedded in the rules and practices related to conducting the business of legislating.
A more constructive role for a super-minority of one-third or more of the members of either house of Congress or a state legislature would be to be able to sign resolutions calling for referendums, when they feel the majority of the members has enacted legislation that does not have the support of a majority of the voters, and to put legislative proposals that appear to have the support of a majority of the voters on the ballot through the initiative.
The “tyranny of the minority” is a serious problem in Congress and state legislatures within the present system – making our system less democratic. Giving a super-minority of the members of either house of Congress or a state legislature the power to refer legislation to the people will make our political system more democratic.
Anticipating and Addressing Objections
One argument certain to be made against making it easier for citizens and legislators to call referendums and use the initiative is that too many veto referendums will be called, and we will be inundated with far too many ballot proposals, including proposals that are frivolous or dangerous. That could prove to be the case and, if that is the case, it may be necessary to make some adjustments, most likely increasing the number of signatures needed to call referendums or use the initiative. But the problem right now is that it is too difficult to call referendums and use the initiative. Both Congress and most state legislatures are failing to enact a great deal of critically needed legislation that has majority support among the people and a great deal of legislation that does not appear to have the support of a majority of the people is being enacted.
It is important to strike the proper balance between making it too easy and too difficult to call referendums and for the people of a community, state, or the nation, to put proposals on the ballot.
Concerns regarding giving “super-minorities” of the members of legislative bodies the power to call referendums (and initiate legislation) are also likely to be expressed. The only power that Pure Democracy Amendments give to super-minorities is the power to refer legislation to the people. Giving the people the power to accept or reject legislation makes a government a pure democracy and gives a government the form of a perfect democracy.
Security issues related to allowing citizens to sign petitions electronically are likely to be raised but should not be a concern. If we can move money around securely online, we should be able to maintain the security of a system facilitating the submission of Statements of Support online.
A system allowing citizens of the European Union to sign Statements of Support for initiative petitions online, rather than signing paper petitions, has been in place since 2011.
Not only is signing petitions online easier and more convenient, but when people sign statements of support securely online, every is that all the statements of support can reasonably be considered legitimate. There is no need for election officials to check signatures and no signatures are preemptively rejected.
The best way to strike the proper balance regarding the number of referendums called and the number of proposals put on the ballot through the initiative is to make our “representative assemblies” a more accurate reflection of the will of the people. Implementing Ranked Choice Voting would help with that. Implementing systems of Proxies for Citizens would be an even better way to do that.
The Perfect Democracy Amendment (Federal)
A proposed amendment to the Constitution of the United States
Article V of the Constitution of the United States is amended to read as follows:
Section 1.
The citizens of the United States of America reserve the power to propose and enact legislation and amendments to this Constitution by the initiative, independent of Congress, and also reserve the power to approve or reject by referendum any act of Congress, except as hereinafter provided.
Congress shall establish and maintain an Initiative Commission to assist citizens in drafting proposed legislation and amendments and ordering veto referendums. Such assistance shall be available upon receipt of a request for assistance signed by one thousand or more citizens of the United States. The Initiative Commission shall advise citizens seeking assistance of any potential conflicts between legislation being proposed by the initiative and the Constitution of the United States.
Section 2.
Proposals for legislation shall begin with the enacting clause “Be it enacted by the people of the United States”. Proposals for constitutional amendments shall begin with the enacting clause “Be it resolved by the people of the United States that the Constitution be amended”.
Every such petition and/or electronic statement of support shall contain the proper enacting clause and the full text of the measure. Petitions for constitutional amendments shall not contain more than one amended and revised article of this constitution, or one new article which shall not contain more than one subject and matters properly connected therewith.
Legislation or amendments to this constitution being proposed by the initiative, or calls for a referendum, shall be posted online when submitted along with Statements of Support from one thousand or more citizens of the United States. Physical copies of legislation or amendments being proposed shall be made available to citizens upon request.
If concerns regarding the constitutionality of legislation being proposed by the initiative have not, in the opinion of the Initiative Commission, been resolved, an advisory warning from the Commission shall be posted online along with the proposed legislation and included on any physical copies of the proposed legislation that are printed.
The Initiative Commission shall facilitate electronic filing of Statements of Support for legislation or amendments being proposed, or for calling a referendum, by establishing and maintaining a system of Online Accounts for Politically Active Citizens.
The Initiative Commission shall be responsible for ensuring the security of that system and protecting the privacy of citizens utilizing that system.
The Initiative Commission shall create suitable forms for Statements of Support and make those forms available online, with physical copies available upon request. Statements of support may be submitted electronically or by submitting physical copies to the Initiative Commission.
Section 3.
The total number of votes cast for all seats in the U. S. House of Representatives in the general election last preceding the filing of any initiative petition or veto referendum shall be used to determine the number of statements of support necessary to place a proposal on the ballot through the initiative or call for a veto referendum.
Referendums shall be conducted on any legislation or amendments to this Constitution proposed through the initiative for which statements of support have been submitted by a number of citizens equal to or greater than seven per cent or more of the total number of votes cast in the immediately preceding congressional election, and for any veto referendums for which statements of support have been submitted by a number of citizens equal to or greater than 5% of the votes cast in the immediately preceding congressional election.
Referendums shall be conducted on the fourth day of July of each calendar year for all ballot proposals and veto referendums for which the required number of statements of support have been submitted to the Initiative Commission by the fourth day of April preceding the referendum.
The veto power of the president shall not extend to legislation or amendments proposed by the initiative. All measures referred to the people shall take effect when approved by a majority of the votes cast thereon, and not otherwise. When conflicting measures are approved at the same election, the one receiving the largest affirmative vote shall prevail. Any act of Congress proposing to repeal or amend legislation proposed and adopted by the people of the United State through the initiative shall not take effect unless and until approved by the people in a subsequent referendum.
Support for Perfect Democracy Amendments
Support for a democratic amendment process from political philosophers and America's Founders and Presidents.
A democratic amendment process is necessary for us to live up to one of the democratic ideals upon which our government was founded – that “it is the Right of the People to alter or to abolish (the form of our government), and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."
By making the process of amending our Constitution itself extremely antidemocratic, the fifty-five men who drafted our Constitution made it nearly impossible to change our form of government and locked an antidemocratic system in place. In effect, allowing the dead to govern the living. The decisions made by fifty-five men over 200 years ago should be more amenable to being modified or reversed to meet the needs and serve the interests of the present generation of American citizens.
The ability of a minority of the members of Congress (and state legislatures) to block much needed reforms is bad enough. The ability of a minority to extend their tyranny over time, tyrannizing us from beyond the grave, is considerably worse.
The fact that the dead have no right to govern the living is a point that has been made by some of the most enlightened political philosophers and American presidents:
Some of the delegates to the Federal Convention of 1787 argued (in vain) that –
Congress should not be involved in amending the Constitution
George Mason’s concerns have been echoed by others:
At least so far, these dire warnings have not proven accurate with regard to the Unites States. The Constitution of the United States is the oldest constitution in the world continuously in effect even though it is the most difficult constitution in the world to amend. With the painful and bloody exception of the Civil War, we have so far avoided massive violence is settling constitutional issues.
We, the people, should be able to amend constitutions by simple majorities. Neither Congress nor state legislatures should be able to “check” our right to amend our Constitution.
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The material on this website is adapted from a soon to be published book: Government by the People: A Citizen's Guide to Making America a Perfect Democracy by Winston Apple.
Content is Copyright 2024 Gary Winston Apple, unless otherwise noted..
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This website was created by, is maintained by, and paid for by Winston Apple,
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