Summary#
H.J. Res. 220, “Proposing an amendment to the Constitution of the United States relating to a national referendum process,” proposes a new constitutional amendment; it does not amend an existing Act. Its goal is to let voters enact or repeal federal laws by referendum, if the amendment is approved by two-thirds of each House of Congress and ratified by three-fourths of the states within seven years.
- A petition would need signatures from at least 5% of people who voted in the most recent presidential election in each of at least 25 states, and at least 5% of those voters nationwide. Signatures must be collected within 18 months.
- House and Senate officers would have 90 days to check the signatures. If they certify the petition, each state’s chief executive would have to put it on a qualifying next election ballot held at least 120 days later.
- A proposal would pass with at least 60% of the qualified voters who vote on that question. It would take effect on its own terms, without going to the President for signature or veto.
- Referendums could not declare war, grant letters of marque and reprisal (government authority for private capture or retaliation), make rules about captures on land or water, call forth the militia, allocate appropriations, or enact constitutional amendments.
- For two years after a referendum law takes effect—or a repeal takes effect—Congress could reverse it only by a two-thirds vote in each House. Congress would have to set rules for petitions and signature checks, and for counting and declaring results.
What it means for you#
- Voters and petition organizers: If the amendment is ratified and Congress sets the required procedures, voters could propose federal laws or repeal specific provisions of federal law. The proposal would need to meet the signature thresholds and win 60% of votes cast on that question.
- Voters in each state: Voting qualifications would be the same as for elections to the largest chamber of that state’s legislature.
- State chief executives: They would have to place a certified proposal on the required ballot.
- Congress: It would have to establish petition, signature-checking, and vote-counting procedures. For two years, changing a referendum law or restoring a repealed provision would require two-thirds support in each House.
- Everyone now: This is only a proposed amendment. It would not create a referendum process unless Congress and the states approve it as described above.
Money#
No publicly available information.
The resolution does not state a cost or appropriate money. It would require Congress to set procedures, but the materials give no estimate of the cost of carrying them out.
What is unclear#
- The resolution does not define “people” for the signature counts or explain how signatures would be gathered and verified.
- It leaves Congress to set the petition and validation procedures, including any process for challenging a decision. Those rules are not in the resolution.
- It does not spell out how votes across states would be combined or how results would be declared.
- The text sets a 60% threshold among qualified voters voting on a proposal, but does not say that a proposal must win in any particular number of states.
- The resolution does not give a start date for the process beyond requiring ratification and later congressional procedures.
Case for#
- A possible argument for the amendment is that it would give voters a direct way to enact federal laws or repeal them, rather than relying only on Congress to do so.
- The high signature requirements, 18-month collection limit, and 60% vote threshold could be seen as safeguards against proposals with limited support.
- The two-year protection could make it harder for Congress to quickly undo a law or repeal chosen by voters.
Case against#
- The signature thresholds and 60% vote requirement could make it difficult for a proposal to pass, even if it receives majority support among those voting on it.
- The resolution leaves important rules—such as signature checks and result-counting—to later laws, so the process and safeguards are not fully set out here.
- It is unclear how disputes over signatures or results would be handled, and how a national result would account for different state-level outcomes.
- A referendum law would bypass the President’s signature or veto, and Congress’s ability to change it would be limited for two years.