A Proposal to Amend the U.S. Constitution

“All the ills of democracy can be cured by more democracy.” —Al Smith

American democracy has been hijacked by big money and special interests. Paralyzed and polarized, our democracy and people are dying of despair.

Here’s a proposal to take our country back. To return power to the people. To revive and reinvigorate our country by amending our Constitution, curing our catatonia with an infusion of pure democracy.

The Constitution's first three words– “We the People”– emphasize that the government exists to serve its citizens through their elected representatives. The People are paramount. Representative democracy’s purpose is to implement the will of the people.

But our representative democracy is dysfunctional. The will of the people has been frustrated. The government is gridlocked. Our democracy is dying.

To bust the gridlock, to make our government responsive to the wishes of the people, we should infuse our Constitution with a strong dose of direct democracy– pure democracy as it’s sometimes called because power is exercised directly by the people rather than through representatives.

This proposed amendment has two provisions:

1. Establishes an option to amend the Constitution by popular referendum. This provision would allow any American citizen to propose an amendment to the Constitution by popular referendum. To qualify for being placed on the national ballot, a petition for the referendum must be signed by 10% of all eligible voters. To be ratified, the proposed amendment must receive a super majority of all votes (60%). Additionally, 60% of eligible voters must have voted in the national referendum for its proposed amendment to become effective.

   Currently, Article V provides two ways to propose an amendment to the Constitution, both of which are virtually impossible today in our polarized politics. An amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. In order to be approved, either method requires ratification by three-fourths of the States (38 of 50 States).

   Thomas Jefferson forecasted a need to amend the Constitution on a regular basis. He wrote that we should “. . . provide in our constitution for its revision at stated periods.” “[E]ach generation” should have the “solemn opportunity” to update the constitution “every nineteen or twenty years,” thus allowing it to “be handed on, with periodical repairs, from generation to generation, to the end of time.”
   

   We’re way overdue. The last time the Constitution was amended was in 1992. The Constitution has been amended 27 times, although there have been over 11,000 amendments proposed since 1789.

   If we are to survive as a democracy, if we are to thrive as a people, we need to reclaim our American Mojo by remaking our Constitution. So let's give ourselves the capacity to reinvent our Constitution as needed– to be nimble and agile enough to respond to the aspirations and priorities of the People.

2. Establishes an option to pass and rescind laws by popular referendum. This provision would allow any American citizen to propose a new law, to repeal an existing law, or to amend an existing law by popular referendum. To qualify for being placed on the national ballot, a petition for the referendum must be signed by 5% of all eligible voters. To be ratified, the proposed amendment must receive a simple majority of all votes (51%). Additionally, 50% of eligible voters must have voted in the national referendum for its proposal to become effective.

By amending America we have the chance to defeat despair, to reduce the influence of big money and special interests, and to offer a belief that our Constitution and legislative processes offer an opportunity to improve life for all Americans.

This amendment makes our Constitution more responsive, nimble, quick, and improvisational. It reflects our American character of optimism and innovation. And it could get our Mojo goin’ once again. It’s been a long time.