National Referendum

Law may be created by a national referendum.  With a 60% or more approval, the measure becomes law. 

This new law is not subject to Presidential veto.  However, a majority vote by both houses of Congress may rescind the law. 

A supermajority of 60% virtually assures the country that, not only the majority of the voters, but the majority of congressional districts, voted in favor of the measure.

 A 2/3 majority of Congress can override a Presidential veto.  With the assumption that ultimately greater power is in the hands of the voters than Congress, a smaller supermajority is necessary to pass a law and avoid a Presidential veto. 

Laws do not change the Constitution.  However, law created by referendum shall not be declared unconstitutional prior to the vote.  Whatever precedents used to draw a conclusion of unconstitutional, shall not be considered settled law and shall be revisited by the Supreme Court after a successful vote and prior to a final ruling.   For example if a new gun regulation law conflicts with the Heller decision, then the court must revisit Heller.  And justices shall consider the will of the people.

If the measure receives between 55% and 60% of the vote, this measure shall be introduced into both houses of Congress as a stand-alone measure. Voting on the measure is mandated. 

A national referendum may provide an advisory opinion to the United States Supreme Court without amending the Constitution.  For example, the vote may recommend that Roe v Wade be overturned.  This justifies the re-opening of what was considered settled law.  An advisory vote passes with 60% of the vote. 

Voting shall occur every other year along with Presidential and mid-term elections.

Issues are placed on the ballot with either one of two methods.  Signatures from 5% of the number of voters who cast votes in the previous Presidential election may be obtained.  8 (over 15%) state legislatures may support identical proposal language.

Discussion

The national referendum is response mechanism for an authoritarian President who is able to create too much loyalty from Congress.  Under these circumstances, many issues are never debated and no vote is taken.  The same President may pack the courts and assure that the President’s will prevail regardless of public opinion. 

Not the same issue

Same issue cannot occur on referendum for say 6 years.  This will thwart the potential grandstanding of one political party on that issue and also leave room for other issues of concern.

Number of issues on the ballot at one time and frequency of potential referendums to be decided at A-5 convention.

Exact language in any proposal is more beneficial than uncertain language.  Language may be borrowed from any piece of failed legislation, state or federal.    A pre-referendum gathering may be needed to perfect the language prior to approval by states (must be exactly as it appears on the ballot)

If you want to participate in an insult hurling contest, use mainstream social media.  Rhetoric should be thoughtful but not openly partisan.