Ralph Nader: The People's Crusade of Mike Gravel
http://www.counterpunch.org/nader05082007.html
May 8, 2007
More Like Cicero Than Quixote
The People's Crusade of Mike Gravel
By RALPH NADER
"For over a decade, given the failures of elected politicians, Mike Gravel has been engaged in some extraordinary research and consultations with leading constitutional law experts about the need to enact another check to the faltering checks and balances--namely, the National Initiative for Democracy, a proposed law that empowers the people as lawmakers.
"Before you roll your eyes over what you feel is an unworkable utopian scheme, go to http://nationalinitiative.us to read the detailed constitutional justification for the sovereign right of the people to directly alter their government and make laws.
"Among other legal scholars, Yale Law School Professor, Akhil Reed Amar and legal author, Alan Hirsch, have argued that the Constitution recognizes the inalienable right of the American people to amend the Constitution directly through majority vote. What the Constitution does not do is spell out the procedures for such a sovereign right.
"The right of the People to alter their government flows from the Declaration of Independence, the declared views of the founding fathers and the framers of the Constitution, its Preamble ("We the People of the United States.do ordain and establish this Constitution,"), Article VII and other provisions, including the Ninth and Tenth Amendments.
"Very briefly, The Democracy Amendment asserts the Power of People to make laws, creates an Electoral Trust to administer the national elections, limits the use of money in National Initiative elections to natural persons (e.g. not corporations), and enacts the National Initiative through a federal ballot, when fifty percent of the voters (equal to half of the votes cast in the most recent presidential election) deliver their votes in its favor. Voting can be through traditional and electronic modes.
"The Democracy Statute establishes deliberative legislative procedures vital for lawmaking by the people, administered by the Electoral Trust, in an independent arm of the U.S. government.
"Mike Gravel points out that the initiative authority to make laws now exists in 24 states and more than 200 local communities. However, the national initiative, which he envisions would have deliberate legislative procedures and would be generically independent of any curtailment by the "officialdom of government," except a judicial finding of fraud.
"With the National Initiative, the people acting as lawmakers, will be able to address healthcare, education, energy, taxes, the environment, transportation, the electoral college, the Iraq war, and other neglected, delayed or distorted priorities. Legal scholar, Alan Hirsch, believes "a more direct democracy could be an important means of promoting civic maturation."
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