Frequently Asked Questions about the National Initiative For Democracy

The Legislature of the People is a lawmaking body made up of the constituent groups of People in every government jurisdiction of the United States, wherein People can create or alter governments, constitutions, charters, and enact laws. The Legislature of the People, though independent of representative government, legislates parallel with representative government, thereby creating a working partnership between We, the People, and our elected officials.

Isn't all legislative power vested by the Constitution in Congress?

No, just the legislative power granted within the venue of the three divisions of government. The Constitution is precise in this regard:

Article. I. Section. 1. All legislative Powers herein granted shall be vested in a Congress

"Herein granted" speaks to legislative power granted to Congress but not granted to the Executive or the Judicial branches of government. The Constitution does not address the lawmaking powers of the People in a procedural sense.

Instead of amending our Constitution and creating new law, why not work to improve existing I&R laws and get them enacted in more states?

First, because We, the People need initiative lawmaking power at the federal level of government, which is superior in power to that of state and local levels.

Second, because attempts by the People to improve existing I&R laws at the state level have been unsuccessful. Predictably, state governments have consistently attempted (and often succeeded) in making the use of I&R by the People more difficult and costly, consequently turning de facto control of the initiative process over to organized and wealthy special interests.

Finally, because attempts by the People to secure I & R laws in the states that do not have them have been unsuccessful. Either the executive or legislative branches of those state governments have actively and successfully resisted the efforts of the People to have such laws enacted.

What will be the most important benefit resulting from the Legislature of the People?

As has been conclusively demonstrated in the century during which I&R laws have existed in this country, We, the People will enact laws that serve and protect ourselves rather than the powerful special interests who are now so well-served by our elected legislatures. An equally important byproduct will be the civic maturation of American society. By acting directly as legislators, We, the People will assume the responsibility and accountability for our self-governance, and will no longer have the need or right to blame the failure of public policy on others.

About The National Initiative For Democracy

What is the National Initiative For Democracy?: The National Initiative is a legislative package that includes an amendment to the Constitution, the Democracy Amendment, and a federal statute, the Democracy Act. The Democracy Amendment: 1) asserts the sovereignty of the People to make laws; 2) outlaws monies in initiative elections not from natural persons; and 3) legalizes the self-enactment process of the Philadelphia II election. The Democracy Act sets up legislative procedures and creates an administrative agency (the Electoral Trust) to implement those procedures and conduct initiative elections on behalf of the American People. More
Is the National Initiative Constitutional?: The government, with federal and state participation, amends the Constitution under Article V. The People created the government by ratifying the Constitution under the procedures of Article VII. This Article lacks procedures for the People to amend what they created. However, it is implicit in Article VII that the creator has the power to alter its creation so long as the procedures for so doing are reasonable and comport to historic practices. The creative power of the People is acknowledged in the Preamble of the Constitution, and reinforced in the Bill of Rights. More
How will conflicts be resolved between laws passed by the People by initiative and those enacted by elected representatives?: Any law, whether enacted by the People or their elected representatives, will take precedence over any previous legislation and will be subject to constitutionality. We expect that elected representatives who frequently vote to overturn or modify laws passed by the People will not long hold their positions.
If, as you say, representative government is intrinsically flawed, why don't you advocate replacing elected legislatures, instead of just supplementing them, with the National Initiative's "Legislature of the People"?: We have over 200 years of representative government experience, which continues to have value. The legislative procedures incorporated into the Democracy Act are copied from the procedures used in Congress.
We view the People as legislators in a real and ongoing sense -- not just undertaking an occasional initiative when in dramatic disagreement with their elected representatives. We feel the people can and should make the policy decisions of government and, moreover, that they will do a better job.
In order to bring worth to their new roles, our representatives will become far more useful by taking back a good deal of the power that has devolved to the bureaucracy. They will be in a position to be more responsive to the People with respect to the day-to-day operations of government. This legislative task is called "oversight," of which our representatives presently do very little due to a lack of time.

About The Democracy Foundation and Philadelphia II

What are The Democracy Foundation and Philadelphia II?: The Democracy Foundation, a nonprofit corporation, was founded to advance democracy and more specifically to sponsor the National Initiative. Philadelphia II, also a nonprofit corporation, was founded to conduct a national election on behalf of the American People so that they will have the opportunity to empower themselves by enacting the National Initiative. More
Who are the key players in the two organizations?: Both The Democracy Foundation and Philadelphia II were founded by former Senator Mike Gravel (D. Alaska, 1969 - 1981), with support from ordinary citizens, several of whom serve on the Boards of Directors of the two organizations. At this time, Mike Gravel is running for president in the 2008 election and is currently not associated with The National Initiative, but remains one of its largest proponents.
What are their politics? Which political organizations are funding or supporting them?: Both organizations are entirely non-partisan, and have neither a direct nor indirect connection to any political party, labor union, business or religious organization. Board members and supporters hold diverse political views, ranging from liberal to conservative, but all share a deep commitment to the principles of democracy and the empowerment of the People as lawmakers.

About The Action Plan

How long will it take to enact the National Initiative?: Our plan of action comprises two efforts-- an educational campaign to acquaint people with the concepts of democracy, the Legislature of the People and First Principles paralleled with a national election that permits the People to vote to enact The National Initiative. The time required for this election will depend entirely on the personal and financial support the People put forth to back up their votes. We expect the National Initiative could be enacted in three to five years.
Is the National Initiative Internet voting?: There are two separate issues here: the enactment of The National Initiative and how initiatives are voted on once The National Initiative has been enacted.

The enactment of The National Initiative will be done in two stages. In a first stage, votes are collected over the internet. In the second stage, all the voters will be manually verified against their state voter registration and each person will be asked to certify their ballot in writing. At the time of this writing, (September 2007), Philadelphia II has not yet started the monumental effort of the second stage.

Once The National Initiative is enacted, to vote on proposed initiatives, The Electorial Trust "shall make use of contemporary technology for voting and validating votes". Internet voting is neither prohibited nor required.
What happens if the National Initiative is enacted but is rejected by Congress?: We do not expect the Congress, or state or local legislatures to embrace the National Initiative. However, after an affirmative decision by a majority of the American voters (in excess of fifty million) the President of Philadelphia II will certify the enactment of the Democracy Amendment and the Democracy Act, and so advise the federal and state governments. At that point Congress can either accept or refuse to appropriate the money to fund the Electoral Trust, an agency established by the National Initiative to administer the legislative procedures for the People. A rejection would be a rejection of the People's will expressed in an election process far superior to any conducted by government. Rejection by Congress of the National Initiative would trigger a governmental crisis, the outcome of which is difficult to predict.
How will the U.S. Supreme Court rule on the enactment of the National Initiative?: Assuming that someone will sue over the People's right to enact the National Initiative, (a likely occurrence), the issue will quickly go the U.S. Supreme Court. A 'constitutional moment' then arises: who is sovereign (the boss of the government) in the United States, the People or their government officials? We think the Court will rule that the matter is a political one, therefore outside of its jurisdiction. The following cases strongly point in that direction:
Luther v Borden, 7 How. 1 (1849)
Pacific States Tel. & Tel. Co. v. Oregon 223 U.S. 118 (1912)
U. S. Term Limits, Inc. v. Hill 514 U.S. 779 (1995)
The Court in these cases acknowledged the People's right to create a government and the Peoples right to routinely enact laws by initiative.
How can I help?: Everyone is invited to participate in making the National Initiative the law of the land. We need money to finance our educational campaign and to conduct the national election. We ask those who are interested to donate funds and to encourage others to do so. If you wish to contribute your time and energy to the cause, please complete this form. Thank you.

"Each generation has a right to choose for itself the form of government it believes most promotive of its happiness."
Thomas Jefferson, 1812

Back To Top

Site Map

Contact