blue sky with fluffy clouds receding into the distance

Image, George Hodan

Ballot Initiatives     


Amendment XXVIII, (proposed), Section 2:

"[...] regarding any office or proposal, in United States or State elections."


In some states, voters use ballot initiatives or can veto legislation by referendum. 

These need the same protections as other voting rights.

United States ballots have never used or tried to use direct democracy,

but proposals have been found Constitutional for the states.


The Preamble: "We the People of the United States [...] do ordain and establish this Constitution

for the United States of America." 

In the Preamble's Ordain and Establish clause, the people retain the power to take back any right or power

delegated in the Constitution to either exercise it directly or delegate it differently. Amendment XXIV prohibits federal ballot initiatives by limiting what federal elections may do. This amendment would restore the possibility.

This section’s wording doesn't require United States ballots to add proposals.

If they ever did, strong voter education would have to be well established first,

as well as solid enforcement of Section 5’s political integrity clauses.


Determining the nature of a self-governance function is beyond Congress’ delegated power (see Statute vs Constitutional Amendment). The people’s rights and powers are inalienable so only we, in the Constitution, can say how far it will protect them. Congress can’t place any limits on them. Another amendment would have to set parameters (when? how? subject to veto? recommending legislation to Congress or fully legislating in itself? etc.) 

The Constitution delegates the legislative power to Congress but because Congress passes amendments,

passage and ratification would be enough to allow proposals to be used

for any legislative power delegated to Congress unless excepted.


For example, rather than for ordinary legislation we might reserve them for types of measures posing special challenges. These might include a Constitutional amendment, a rule resolving a disputed executive or judicial procedure,

or an impeachment investigation.


Proposals at the United States level would be subject to the Constitution, federal laws and treaties

(see The Public Grievance Question).