Create A Popular Amendment

"... the people may change the constitution whenever and however they please. This is a right of which no positive institution can ever deprive them."
Constitutional Framer James Wilson

This quote by James Wilson brings up the idea of a popular amendment; an idea lost on many of the students of the Constitution let alone those with the power to enact it. In the Constitution there are four formal ways to amend it:
• Proposal by convention of states, ratification by state conventions (never used)
• Proposal by convention of states, ratification by state legislatures (never used)
• Proposal by Congress, ratification by state conventions (used once)
• Proposal by Congress, ratification by state legislatures (used all other times)
One informal way to “amend” it by changing the interpretation of the document (suffrage rights). The most interesting, however, is the popular amendment. This would involve a proposition by any citizen of the United States and somehow be passed by a National voting body that currently does not exist.

This petition is designed to make the popular amendment a viable option for the American people to change the Constitution. To make this a legitimate option three things must be defined: a national voting body, the Constitutionality of the proposal, and the percent of the population required to pass the proposition.

There is no national voting body. All national elections are done on a local level. I propose using the current presidential election forum, minus the Electoral College. This would allow every legal voter to have their opinion heard directly via the popular vote.

The Constitution is a document unlike any in the history of the World. It is the driving force behind the good our politicians do. When dealing with the Constitution we must be very cautious for it is the cornerstone of our Republic, without it democracy as the world knows it would fail. Noting this, our system of government has allowed for the nine most qualified students of the Constitution to make judgments on the document through the Supreme Court. For a proposition to be proposed as a possible amendment to the predefined national voting body the Supreme Court must issue a binding declaratory judgment ruling that the proposal is constitutional.

Recognizing the magnitude of the proposal (a change to the very core of America) a mere 51% vote will not be acceptable. When dealing with the Constitution partisan alliances and preferences must be able to be overcome in the voting process. We cannot have amendments to the Constitution being thrown in when the Country is upset with a specific party only to “re-amend” it when they switch alliances. I propose that a 90% popular vote be required to pass a popular amendment.

Follow the wishes of our Founding Fathers and sign your name to allow yourself to propose your beliefs to the Nation for ratification.