1 the date on which the last required petition is received by 2 the officer. 3 "SEC. 3. If a law proposed under this article receives 4 a majority of the votes in each of a number of States, equal 5 to at least three-fourths of the several States, the proposed 6 law shall become law on the date specified in the text of 7 the proposed law. No law adopted by the people under this 8 section shall be subject to the approval of the President or 9 to amendment or repeal, except by the people under the 10 provisions of this article, or by a vote of three-fourths of the 11 Members of each House of the Congress. Any bill passed 12 by the Congress under this section shall become law without 13 being subject to the approval of the President. 18 14 "If the repeal of a provision of law under this article 15 is approved by a majority of the people voting in each of 16 a number of States equal to at least three-fourths of the 17 several States, the provision of law shall cease to be effective on the date specified in the petition submitted to the officer 19 designated by the Congress. No provision of law repealed 20 under this section shall be effective thereafter unless the 21 provision of law is enacted by the people under this article. 22 "SEC. 4. The people in each State voting under this 23 article shall have the qualifications requisite for electors of 24 the most numerous branch of the State legislature, except 25 that the legislature of any State may prescribe less restrictive 1 residence qualifications, and the Congress shall have the 2 power to establish uniform residence qualifications. The Con3 gress shall prescribe by law the manner in which the results 4 of the voting conducted under this article shall be ascertained 5 and declared. 6 "SEO. 5. The Congress shall have the power to enforce 7 this article by appropriate legislation.". [EXHIBIT NO. 10] PREPARED STATEMENT OF HON. HAROLD S. SAWYER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MICHIGAN Nearly 190 years ago, our founding fathers made provision for consideration of timely, perfecting amendments to our Constitution. Today, the Senate Constitution Subcommittee is beginning historic hearings on a new refinement to an old process, that of initiative. The right of citizens to enact laws is operational in 23 states plus the District of Columbia, as a result of State constitutional amendments. Now we are proposing a simple expansion of this effective process, through an amendment to the United States Constitution, to give citizens the right to enact and repeal laws at the federal level. I am pleased to be a co-sponsor with Congressman Jim Jones of legislation in the House of Representatives proposing the national initiative amendment. As the most junior Member of Congress supporting this amendment, having been in Washington less than one year. I still feel I can speak for the public citizenry outside of government that feels a growing insensitivity and frustration from legislators who have sometimes lost sight of the critical issues which the public wants addressed. Often times the best way to handle something in Washington is not to handle it at all. As an example, regardless of one's personal view on this year's most emotional domestic issue, abortion, it must be admitted that this one issue threatened to disrupt the entire Congressional process and make a mockery of the very system which we are sworn to uphold. Others assess the situation even more seriously to the extent that this one subject would totally paralyze a substantial part of essential Government activities. We cannot afford these types of bitter feelings and frustrations and still not achieve a firm and final decision. Rest assured, this volatile issue will remain with us so long as we continue to take stop-gap measures when a solid decision is in order. If Congress does not act, perhaps the people can do better. Concerning the text of the initiative amendment itself, I feel the JonesSawyer bill in the House and the Abourezk-Hatfield Senate measure, provide effective safeguards to prevent fraud and abuse of the initiative process. By requiring widespread distribution of signature petitions, frivolous use of this provision will be avoided. People need to have a strong role in making our system of democracy work. The national initiative will provide a right as well as a responsibility. I am not afraid that people will abuse that right, but rather that they will use it constructively to make this nation better and stronger by having it support our promises and ideals. I would strongly urge this subcommittee to take favorable action on this proposed amendment and begin the process of letting the states consider ratification of this amendment. This will strengthen and reinforce that fundamental provision of our Constitution establishing our nation as one where the people rule. In closing, we would be remiss if we did not heed the word which was given by President George Washington upon presentation of the original Constitution to the Congress in 1787. He said, "In all our deliberations on this subject we kept steadily in our view, that which appears to us the greatest interest of every true American, the consolidation of Union, in which is involved our prosperity, felicity, safety, perhaps our national existence." Nearly 200 years later as we consider this proposal for a national initiative, we can do no less. Thank you, Mr. Chairman. Senator ABOUREZK. Senator Orrin Hatch, a member of the subcommittee, has just come in. I want to introduce him. Do you have anything you want to say, Orrin? Senator HATCH. I am very happy to welcome both of you fine Congressmen to these hearings today. I have met you, Mr. Fauntroy. This is the first time we have met, Mr. Jones. I am very pleased to have your testimony. I am interested in this bill. I have not as yet made up my mind. and will listen carefully to what is said here. I have some questions and some concerns, naturally. I have been very interested in this. I have just read your statement and listened to the last part. I have been interested in what you had to say and your dedication to this principle. Mr. JONES. Thank you very much. [The House Joint Resolution 658, introduced by Congressman Jones was marked "Exhibit No. 11" and is as follows:] 95TH CONGRESS 1ST SESSION [EXHIBIT No. 11] H. J. RES. 658 IN THE HOUSE OF REPRESENTATIVES NOVEMBER 8, 1977 Mr. JONES of Oklahoma (for himself, Mr. SAWYER, Mr. RICHMOND, Mr. HUGHES, and Mr. FAUNTROY) introduced the following joint resolution; which was referred to the Committee on the Judiciary JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to give citizens of the United States the right to enact and repeal laws by voting on legislation in a national election. 1 Resolved by the Senate and House of Representatives of 2 the United States of America in Congress assembled (two3 thirds of each House concurring therein), That the follow4 ing article is proposed as an amendment to the Constitution 5 of the United States, to be valid only if ratified by the legis6 latures of three-fourths of the several States: 7 8 "ARTICLE "SECTION 1. The people shall have the right to enact 9 any law which the Congress has the authority to pass, and to 10 repeal any provision of law passed by the Congress which |