Power to the People: The Democracy Foundation's Plan to Create a Fourth Branch of Government

A nonprofit founded by presidential candidate Mike Gravel has been floating an ambitious proposal that would remake the framework of American democracy, allowing citizens to make laws through popular votes. Quixotic? Yes. Impractical? Maybe not.

Mon July 30, 2007 12:00 AM PST

Examples of direct democracy are also found on the international level. The Swiss have used a national initiative system for over 100 years, and the results are compelling. Gregory Fossedal, author of the book Direct Democracy in Switzerland, writes that the system is "harder to corrupt, and develops the popular mind." The press, aware that it has a critical role to play in educating the public, deemphasizes the individuals at the top levels of government and instead "offers a stream of extensive, diverse, instantaneous, and ongoing information to voters." The result of this system of government, writes Fossedal, is "less alienation, and a much closer association between people and elites."

Across Europe, more and more countries are adopting national referendums, a process in which legislatures develop laws and put them up for a popular vote. "If you go to Europe now," says Matsusaka, "it's almost getting to be unthinkable that they would make a decision on some important national topic without asking the people what they think about it." In contrast, the United States, a worldwide leader in democracy, has never held a nationwide vote on any law.

In the end, the largest problem with the Democracy Foundation’s National Initiative may be enacting the thing. Passing a law in Congress is a non-starter for obvious reasons, so its supporters are trying to pass a Constitutional amendment through, naturally enough, a nationwide popular vote. They've set up a web site called Philadelphia II (an homage to the founding fathers' 1787 constitutional convention) where citizens can cast a vote for the idea. There's just one wrinkle. Article V of the Constitution, which lays out the processes for passing amendments, identifies only two methods of doing so, neither of them a popular vote: a constitutional convention called by two-thirds of state legislatures or a two-thirds vote in both houses of Congress.

Even so, some constitutional law scholars believe the people do have the power to put forth a constitutional amendment. Yale constitutional law professor Akhil Reed Amar, one of America's foremost scholars on majority rule and popular sovereignty, writes that the repeated invocations of the power of the people in the Declaration of Independence, the Constitution, and other writings authored by the nation's founding fathers suggest the people "have a legal right to alter our government—to amend our Constitution—via a majoritarian and populist mechanism akin to a national referendum, even though that mechanism is not explicitly specified in Article V."

Look no further than the preamble to the Constitution, Amar argues. The words "We the People of the United States… do ordain and establish this Constitution" make the case: if the people make the Constitution, they obviously have the right to change it.

Determined to do so, the backers of the National Initiative soldier on, trying to raise publicity where they can. Mike Gravel's campaign has brought some exposure, but not nearly enough. The Democracy Foundation's web site proclaims that "when the majority of the People who voted in the last presidential election vote affirmatively for the National Initiative it becomes the law of the land." They say, and this is where the idea starts to sound more like a pipedream, that when the votes on the Philadelphia II web site hit this threshold, the administrator of Philadelphia II will notify Congress and all other relevant parties that American democracy has been changed forever. We'll see how that goes over, if and when they get there. As it stands, 3,500 Americans have cast a ballot for the National Initiative, leaving only 61 million more to go.

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Comments
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RIGHT ON, dude!!!

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Hmmm;
the parliamentary concept may be a better one; I very much like the idea of COALITION governance rather than the SEESAW OF EXTREMES; and have previously considered the parliamentary model worthy of serious consideration.
Nonetheless the National "GRAND JURY" idea also seems worthy of some consideration. That could be a fourth branch, while parliamentarianism could simply replace our present locked-horns second branch.
"LOTSA LUCK" with any of it!

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With the power of the internet and Web 2.0, we could eliminate the need for the legislative branch of government--who needs representatives when we can have every single citizen who cares voting on every single issue--in REAL TIME? Make senators and representatives merely tallying secretaries, and instead of 100,000/year, give em a quarter of that.

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Excellent concluding statements, supporting the reasoning of our Founding Fathers, who, while having ultimate faith in the process of American democracy, also had the wisdom to provide the means by which we and build in vital protections against propensities for hasty, unsound sentiments being codified.

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OH MY GOODNESS! This IS the answer. How do we begin

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uninformed voters will make uninformed decisions regardless of what they are deciding upon.

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ummmmmmm
Isn't this the govt
"of the people, by the people, for the people....????
In this day and age, we no longer need
a representative? to carry our messages to
Washington ..... which the legislators never do....
but pad their own pockets and support
special interest and lobbyist.....
Isn't lobbying really bribery?????

What a sad state of affairs....
and our country being destroyed by
total incompetence and greed.

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Mike, true, perhaps. Which is why it is ever so important for us to spread the word about independent media. Mother Jones and The Nation are in publication, and on line, as well as Z Magazine & Democracy Now! -also available on radio, cable, satellite, & local access channels. Let's make sure everyone knows there is an alternative to brain-washing mass-media. My local library no longer carries The Nation (said it was no longer "in their budget," so I asked if I could gift it to them & they said yes. We could all do something small to help educate the uninformed. The city I live in has a Media Reform group, and it isn't elitist, but ecclectic. We have Democracy Now! on our local access, now. There are ways to inform. =)

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All we really need is a way for the people to overturn executive and congressional decisions - we should have the final veto power. If we could initiate a vote of no confindence. we could fire the president or cabinet wankers like Gonzales and Rove without having to worry about who's bribing or coercing who in congress. Representatives would be forced to represent or get fired. No more pandering or failing to act because of an election year- act or get lost.

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A noble idea...most certainly! Does it solve the problem of a deaf congress and executive branch? Maybe to some extent if they want to keep their jobs. However, I believe that the only way to start exerting some sense of reasoning and common sense back into our government is to take the money out of the system. By this I mean elections(state and federal) financed totally by public(tax money)funds with absolutely no private or corporate financing allowed...period. Next take the money out of the lobbyist's (and congress's)hands by making any kind of contribution illegal. Any infractions would be pursued vigourously and ajudicated with severe penalties. i am a believer that we have a good political system and it does work when honesty prevails. Take away the money and don't feed the greed then we may get what we need!

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Dear Loyal,
Now THAT makes a LOT of sense!=)

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Do we really need larger government, I think not...we are already burdened with a huge and out of control bureucracy we call the Fed.

Better to clean house first, rather than create a larger monster. We the people have a greater power, one that will scare the pants off every politician from Sacramento to Saginaw. Don't work, travel, or spend money for one day, and watch them squirm in their seats. The total overall effect of a nationwide strike and walkout would be overwhelming...only then will they listen.

Individually we don't have deep pockets, but as a whole we have the deepest pockets of all, the massive power of the American consumer.

If we ever have the guts and courage to pull this off, we can take this country back from the carpetbagging scum that run this country today.

Unfortunately, I doubt we have the collective courage to make it happen.

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To me the one huge glaring error in this idea is that the religious right wingers, including my own religion, already are one huge voting bloc of blind, knee jerk, lock step, 'stepford wives' robotic and extremely rabid voters. This proposal would put them in power forever. Does anyone really want the Pope of my church running America, I surely don't. But he owns the SCOTUS. Tom Monoghans(formerly of Dominos Pizza) Ave Maria law school graduates already dominate in one of the departments of the Bushie Neocon Rethugs government, I can't recall which one. And the Popes brethren Jerry Falwells law school grads
dominate the DOJ, which is run by another right wing Catholic, Gonzo, who is totally corrupt. These people have us by the throat and are waterboarding the 241 million Americans who are not the 59 million that put Bush into the WH. What exactly is the difference between Islamic fundamentalists, evangelical fundamentalists and Catholic fundies. They all kill, they are all terrorists. The American fundies us our troops for cannon fodder and they use the Iraqi and Afghani people for cannon fodder, so that Bush and the Rethugs can get richer.
The Rethugs and their religious and corporate enablers are consumed by greed for money and political power, dominion and domination over everyone who is not 'THEM'. These people are frightening. I worry far more about them than I do the Islamic fundies because they are destroying our democracy from within.
Somehow I just don't think that Jesus would approve of their death machine agenda. Our democracy is nearly gone right now and a few more years of the same will END our country. Scalia, a staunch totally dedicated Catholic called for the END of the rule of law and the END of Democracy in America. In my lifetime what the Catholic Church is doing now it did the same thing before, during and after WWII when it aligned itself with Hitler and the Nazi Party. That resulted in six million dead Jews, the HOLOCAUST just because the Church was consumed by the notion that the JEWS killed Christ. What will these people do now. Killing is never right, no matter the reason. And killing for the Bush family oil wealth is a totally wretched reason. Killing our democracy(I know for you obsessives, our Federal Republic) is way far corrupt. Hating gays and abortions should be dealt with in other ways, by looking at the reasons, rather than ending our democracy(Federal Republic)and killing our troops, and the Iraqi and Afghani peoples. These right wingers are frightening as to what they will do next. Ending abortions is their code word for hating black people, hating gays is their code for hating a genetically induced person who is not the cause for their inability to be attracted to the opposite sex. Jimmy Carter had the right idea, look to the causes for abortions and ameliorate them, which most often is poverty.
And how many in the religious right hate that which they are guilty of themselves. Can we all say Ted Haggard, Bob Allen, Foley and gay and pedophile priests. I just don't think gay, pedophile and uncelibate priests who wreck familes should be protected, hidden and allowed to continue their behavior in other parishes. All I can say is my church has gone totally corrupt.And finally why is everybody so afraid to call out the Catholic Church for it's involvement in warping our or rather their gov't. It's not mine and has not been for a long time, ever since Reagan, Pope John Paul, Jerry Falwell and Pat Robertson joined forces in a cabal of evil, horrors and death for profit nd political power. I know, this seems harsh but our country is in harsh times and being picked apart. America is no longer unified nation. Demographers and sociologist say that according to all the polls America is at least four different countries and as many as nine different countries.
Another Rethug prez and we will be no more. And the Dems maynever bable to repair the enormous damage done by the Rethugs and their corporate and religious enablers.
I fear for America and I see nothing on the horizon that looks promising.
I think we are in deep trouble.

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Sorry for lack of editing, paragraphing.

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A citizen controlled direct democracy has been an unqualified success in Switzerland and it offers an attractive solution to the special interest control of the political system in the United States.

For more information, read the free online book "The Swiss Preserve Solution" chapter on Switzerland at http://www.swissconfederationinstitute.org/swisspreserve23.htm

Ron lives at Wolf Laurel Resort in NC.

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What I want in a constitutional amendment is that all of the people are to vote on all of the laws through a national internet hookup everybody can submit proposed laws, debate them with everybody else and settle this mess of a bought off "REPRESENTATIVE GOVERNMENT".

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kitty cats are sssssssssccccccccccccaaaaaaaaaaarrrrrrrrrrrrrryyyyyyyyyyyyyyyyyyy!!!

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superman is gay

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i love kristen onek she smells like butt

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shalallalalalalallalalalalallalallalallalalallalallalallalallalallallallalallallallalallallalallallalallalallalallalalallallalalallaallallalallalallalaaaaaaaaaa
i live in cave

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i pitty da fool and look out suka

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Votes on initiatives are not secret. Just as votes in the representative legislature are by roll call, so too are votes in the people's legislature. You cannot tamper with an open ballot.

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For a much better idea,

For a much better idea, visit www.metagovernment.org

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