CITIZEN INITIATIVES
Endorses
The Madison Amendment Strategy
& Federal Amendment Convention' "Single Issue"
or "Limited" Amendment
Strategy
Citizen Initiatives endorses the Madison Amendment Strategy as
presented in this document calling for State Resolutions that prevent
Run Away Conventions for Single Issue Pre-Drafted Amendments. Each of
Citizen Initiatives’ Single Issue or Limited Amendments recognizes that the States alone
control the terms, conditions, agenda and purposes of a Convention convened
under Article V and that a pre-drafted Amendment requires the
Delegates at the Convention to decide only
one issue, should the proposed Amendment be sent to the States for
ratification? The Delegates have no authority to introduce or discuss any
other subject or issue. The Madison Amendment Strategy and Citizen
Initiatives’ Single Issue or Limited Amendments establish, through State
Delegate
Resolutions, the fact that Delegates are Ambassadors of their States, they are
not independent agents as some have erroneously argued.
Charles Kacprowicz
NATIONAL DIRECTOR
CITIZEN INITIATIVES
Single Amendment Federal Conventions
P.O. Box 523
Spruce Pine, NC 28777-0523
director@federalamendments.us
MADISON AMENDMENT
STRATEGY
The following proposed text
originated in the 80's under President Ronald Reagan's Presidency:
‘‘ARTICLE ___. The Congress, on Application of the
Legislatures of two thirds of the several States, which all contain an
identical Amendment, shall call a Convention solely to decide whether to
propose that specific Amendment to the States, which, if proposed shall be
valid to all intents and purposes as part of the Constitution when ratified
pursuant to Article V."
http://madisonamendment.org
----------------------------------------------------
WHAT JAMES MADISON SAID:
James Madison writing in Federalist 43:
"It (the Constitution) equally enables
the general and the State governments to originate the amendment of errors, as
they may be pointed out by the experience on one side or the other"
The Madison Amendment restores the
original meaning of the Constitution, it gives States the ability to use the
power that the authors of the Constitution intended them to have.
----------------------------------------------------
*Based on an idea originally proposed by Ed Meese when he was Reagan's Attorney
General, this strategy was created in consultation with a legal team led by
David Rivkin, outside counsel to the 26 states suing to overturn Obamacare. It
involves passage of state laws in as few as 26 states, or the passage of a
state constitutional amendment in just 13 states to end the risk of a runaway
convention and to give 34 states the power to force Congress to propose a
specific Amendment states want without holding a convention at all. The
idea of giving the states the same power as Congress (a right the States
inherently have in Article V, but not recognized by many *) to propose an
individual Amendment has a broad range of conservative support including
Americans for Tax Reform President Grover Norquist, American Conservative
Union Chair Al Cardenas and Past Chair David Keene. Endorsers also include
Parental Rights.Org President Michael Farris, McCain 2008 Chair Charlie Black,
and National Taxpayers Union Board Member David Keating. It has been endorsed
by ALEC and NTU. If state legislators in 34 states had the power to safely
force Congress to propose an Amendment to the U.S. Constitution, the balance
of state and federal power would shift significantly in the states' favor. It
could be possible for states, for example, to force Congress to propose a
balanced budget amendment to the U.S. Constitution.
http://madisonamendment.org/State_Leaders_Support.html
----------------------------------------------------
The 13 Colonies had
sovereign authority to control the future of the nation. The Articles of
Confederation required a unanimous vote to alter the Articles. The Delegates
at the Constitutional Convention were very concerned about their “States”
rights and altered the unanimous requirement to ¾’s of the States for
ratification, thereby retaining their sovereignty over the Congress and the
Courts when proposing Amendments under Article V. Charles Kacprowicz.
Supported by
State Leaders
In a unanimous vote on Thursday August 5, 2010 the ALEC
International Affairs and Federalism Task Force recommended that ALEC (The
American Legislative Exchange Council) endorse the
proposed Madison Amendment to the U.S. Constitution.
Five former presidents of state legislators' organizations are now supporting
the Madison Amendment to restore a balance of state and federal power.
KIm Koppelman, past Chairman of the Council of State
Governments from North Dakota.
Dolores Mertz, former Chairman of ALEC and a Democratic State
Representative from Iowa.
BIl Raggio, former Chairman of ALEC and State Senate Minority
Floor Leader from Nevada.
Steve Rauschenberger, former President of NCSL and a former
State Senator from Illinois who is running for re-election this year.
Jeff Wentworth, past Chairman of CSG South and a State Senator
from Texas.
Abbreviations:
NCSL-National Conference of State Legislators
ALEC-American Legislative Exchange Council
CSG-Council of State Governments
MADISON AMENDMENT ENDORSEMENTS AND STRATEGY
The "Madison Amendment" would empower states to limit an Article convention
they call to an up or down vote on a single amendment. (For example a balanced
budget amendment).
ENDORSEMENTS:
Conservative Leaders
Grover Norquist, President, Americans for Tax Reform
Al Cardenas, Chair, American Conservative Union
David Keene, Chair Emeritus, American Conservative Union
Ted Cruz, Former Solicitor General of Texas
David McIntosh. Co-Founder of the Federalist Society
Colin Hanna, President Let Freedom Ring
Lew Uhler President, National Tax Limitation Committee
Charlie Black, Chair of the McCain 2008 Campaign
Michael Farris, President Parental
David Keating Board Member, National Taxpayers Union
Bob Williams President, Evergreen Freedom Foundation
Paul Jacob, President, Citizens Back in Charge
Chuck Muth, President, Citizen Outreach, NV
Curt Levy, Executive Director, Committee for Justice)
Current and Former RNC Leaders
David Norcross, Past General Counsel of the RNC
Bruce Ash, Chair RNC Rules Committee
John Ryder, Chair, RNC Redistricting Committee
Florida GOP Ntl Committeeman Paul Senft
Ron Nehring. Past Chair, CA Republican Party
Saul Anuzis, Past Chair, Current National Committeeman Michigan Republican
Party Organizations
ALEC (The American Legislative Exchange Council)
The National Taxpayers Union
The Conservative Party of N.Y.
Congress:
Rep. John Culberson (R, TX)
Rep. Henry Cuellar (D, TX)
Rep. Rob Bishop (R, UT)
Rep. Cynthia Lummis (R, WY)
Rep. Tom McClintock (R, CA)
Rep. Louie Gohmert (R, TX)
Former Rep. Walt Minnick (D, ID)
Former Rep. Bob Livingston (R, LA)
Past Chairs/Presidents of
Associations of State Leaders:
Steve Rauschenberger (R, IL) NCSL (National Conference of
State Legislators)
KIm Koppelman (R, ND) CSG
(Council of State Governments)
Dolores Mertz (D, IA) ALEC
Steve Faris (D, AR) ALEC
Bill Raggio (R, NV) ALEC
Noble Ellington (R, LA) ALEC
Jeff Wentworth (R, TX) CSG-South
Trey Grayson (R, KY) NASS
(National Association of Secretaries of State)
Legal Experts:
David Rivkin, Outside Counsel to 26 States suing to
overturn "The Affordable Health Care Law known as "Obamacare"
Chuck Bell, Past Chair Republican National Lawyers Assn
Don Ayer, Former Deputy Attorney General of the U.S.
Bruce Fein former DOJ Deputy Associate Attorney General
Mike Carvin, Constitutional Litigator
Ron Rotunda, Chapman University
Phil Kiko Former Chief Counsel,
House Judiciary Committee
Former Counsel to the U.S. House of Representatives Michael Stern
State Leaders
Jim Geringer Former Gov WY
Ed Schafer Governor Former Gov ND
Former Lt Gov Andre Bauer (SC)
House Speaker Jim Tucker (LA)
House Speaker Becky Lockhart (UT)
Senate President Michael Waddoups (UT)
Speaker
House Speaker Bobby Harrell (SC)
State Legislators:
Nh Sen Fenton Groen, Rep Roger Berube
Ct Rep John Piscopo
Md Rep Michael Hough
Pa Rep Gordon Denlinger, Rep. Garth Everett
Va Rep Jim LeMunyon, Brenda Pogge,
Nc Rep. Fred Steen, Sen David Rouzer
Sc Rep Liston Barfield, Rep. Richard Chalk
Al Rep Jack Williams
La Rep Noble Ellington
Ark Sen Bill Lamoureaux
Tn Sen Stacey Campfield, Rep. Matthew Hill5
Mi Sen. Tonya Schuitmaker
In Sen Jim Buck
Il Sen Chris Lauzen
Mn Reps Steve Drazkowski/Glenn Groenhagen
Nd Rep Kim Koppelman, Rep Blair Thorsen
Sd Rep. Lora Hubbell
Ks Sen Jean Schodorf
Tx Rep Jerry Madden, Sen Jeff Wentworth
Nm Rep David Chavez, Rep. Yvette Herrell,
Co Sen Kevin Lundberg, Sen Kent Lambert
Id Sen Curt McKenzie
Wy Rep Sue Wallis
Ut House Maj. Leader Brad Dee, Rep. Ken Ivory, Rep. Brad Daw, Rep. Paul Ray
Az Sen Frank Antenori
Other Leaders
David M. Walker, Former Comptroller General of the United
States
Former Ark Rep. Dan Greenberg
Former Mo Rep. Ed Emory
Former Ohio Sen. Kevin Coughlin
Richard Vedder, University of Ohio
Barry Poulson, University of Colorado
Partial list. Titles for identification purposes only.
-------------------------------------------------
SURVEY RESULTS*
75 percent of American voters think "a check on Washington
is what we need now in order to restore the balance of power between the
federal government and state governments.".
80 percent believe the relationship between the federal and state governments
should be more like a "partnership with equal footing and influence".
72 percent say that states and federal government are not sharing power today.
57 percent of Democrats, 82 percent of independents and 95 percent of
Republicans agree with we need "a check on Washington"
*These are the results of a national poll done by Kellyanne Conway for the
State Policy Network.
-----------------------------------------------------
A STRATEGY FOR ADOPTING THE MADISON AMENDMENT:
Adoption of the legislative "MADISON AGENDA" would empower
states to safely force Congress to propose the Madison Amendment. Once
adopted, the Madison Amendment would permanently confirm the power of the
states in the U.S. Constitution. A majority of the states have the power NOW
to enact state measures that would empower the states so
long as those measures remained in effect. Congress has similar power. The
Madison Agenda is a four part action agenda for State Legislators and Members
of Congress.
1. A majority of states with a majority of the population (for example 26 of
the 29 states with Republican majorities in both Houses of their legislature)
could pass "NO RUNAWAY CONVENTION LAWS" to provide for the instant recall and
replacement of any delegate from that state to an Article V Convention who
ignores a state limit on their authority to an up or down vote on a single
Amendment proposed by the state.
2. 13 states could amend their STATE constitution to bar ratification in that
state of any "runaway" amendment from a Convention limited to one amendment
other than the specific Amendment authorized by the states who called the
Convention.
3. The U.S. House could enact a RULE to block referral to states of any
Amendment from a runaway convention.
4. 41 U.S. Senators could PLEDGE to protect the Constitution by blocking
referral to states of any Amendment from a runaway convention. If one or more
elements of the Madison Agenda are adopted, 34 States could safely pass
Article V Resolutions in support of an identical Amendment that would force
Congress to propose that specific Amendment to avoid having to call a
Convention.
IMPACT OF THE MADISON AGENDA AND THE MADISON AMENDMENT
If states could safely propose a specific Amendment to the
U.S. Constitution without the risk of a runaway convention, a balance of state
and federal power would be restored. The 7000 plus state legislators and
particularly the 99 House Speakers and Senate Presidents and their leadership
would be able to hold Congress and the federal government accountable, as the
authors of our Constitution intended. And the Madison Agenda or the Madison
Amendment would create an achievable path to reining in fiscally irresponsible
behavior in Congress, if Congress does not alter its behavior.
DRAFT MODEL LEGISLATION
THE “NO RUNAWAY CONVENTION” ACT OF 2012 (Could be titled
the "Uniform Delegate
Limitation Act of 2012')
SECTION 1. LIMITATION ON THE AUTHORITY OF DELEGATES
No Delegate from the state of _______ to a Convention for proposing
amendments called under the authority of Article V of the U.S. Constitution,
hereinafter referred to as a “Convention”, shall have the authority to vote to
allow consideration of, vote to consider, or vote to support any Amendment
outside the scope of the Convention specified in the Article V Resolution
passed by the Legislature of the State of_________ and used by Congress to
call that Convention.
SECTION 2. REQUIRED CREDENTIAL AND OATH FOR DELEGATES
All delegates and alternates from The State of
________ to a Convention must have a Credential issued by the Chief Election
Officer of this State. Any individual who wishes to be considered for the
position of delegate or alternate or who is to be issued a Credential as a
delegate or alternate must take, under penalty of perjury, an oath, to be
prescribed by the Attorney General of this State of ______ to accept, abide by
and support the limitations on the authority of delegates in Section 1.
SECTION 3. REMOVAL AND REPLACEMENT OF DELEGATES WHO EXCEED THEIR AUTHORITY
a) REMOVAL: Any delegate who violates the limitations in Section 1. shall
immediately forfeit all right to represent the State of _______ at the
Convention and any vote cast in violation of such limit shall be null and
void.
b) AUTHORITY TO REMOVE: If a delegate’s authority is limited in Section 1 to
approval or disapproval of a precisely worded amendment, the Chief State
Election Official shall immediately revoke the credential of a delegate who
violates that limit. If a delegate’s authority is limited in another manner,
the Chief State Election Official shall immediately
revoke the credential of that delegate for violating the limit upon the
instruction of a Joint Committee of the Legislature appointed in a manner as
the Presiding Officers of the respective Chambers of the Legislature shall
jointly determine.
c) REPLACEMENT: Any delegate whose authority to represent the state of _______
at the Convention is revoked, shall be immediately replaced by an Alternate
delegate. Alternate delegates shall be selected to serve in a manner to be
determined by law or in the absence of such a law by the Legislature of the
State of __________.
SECTION 4. PUNISHMENT
Any delegate who violates or attempts to violate the limitations on
authority specified in Section 1 shall be subject to the maximum penalty for
fraud and misrepresentation provided by law. The Attorney General of the State
of _____ shall enforce this provision.
SECTION 5. JOINT LEGISLATIVE COMMITTEE OF CORRESPONDENCE ON ARTICLE V.
The Legislature of _______ shall establish a Joint Legislative Committee
of Correspondence on Article V whose activities shall include meeting and
communicating with representatives of other states, including, but not limited
to, legislative committees established by the legislatures of other states,
for purposes of developing a common approach to enhancing the power of states
under Article V.
THE "NO RUNAWAY CONVENTION" CONSTITUTIONAL AMENDMENT OF 2012
Section 1. The legislature of the State of ________ is prohibited from
considering or ratifying any Amendment to the U.S. Constitution proposed by a
Convention called under Article V of the U.S. Constitution that exceeds the
limit on the scope of the convention as defined by the states who called for
the Convention.
