Getting a Resolution On The Ballot

I was wondering if any of you knew anything about how to go about getting a resolution on a ballot.

And specifically if you think you, and people generally, would support this kind of legislation:

Civil servants, be they Representatives, postmen, and all those in between, who are found to have knowingly commit unconstitutional acts, be charged as criminals, and serve a sentence of not less than one day in prison.

What type of resolution are you asking about? A referendum? A legislative amendment?

Are you asking about a public initiative or a legislative initiative?

As for support of that one: No. I would not support it.

At 11/2/2009 3:01:18 PM, JBlake wrote:
What type of resolution are you asking about? A referendum? A legislative amendment?

Are you asking about a public initiative or a legislative initiative?

I'm not sure as to what the term might be, but a law passed through direct democracy. Kind of like the infamous prop 8.

As for support of that one: No. I would not support it.

Might I ask why?

That would be a public initiative. There are a few different types, and it depends on what state you live in on how you get one on the ballot:
Direct Initiative: The issue in question goes directly to the ballot upon successful completion of the Ballot Initiative requirements.
Indirect Initiative: The issue goes to the legislature for consideration. If the legislature does not act, then the issue goes to the ballot.
Legislative Referendum: Laws and other measures originating in the legislature are referred to voters.
Popular Referendum: The public, by petition, can force a popular vote on a law already passed by the legislature
http://www.ncsl.org...
http://en.wikipedia.org...

These are all on the state level, however.

There is no such process on the national level, unfortunately. The only way to make such a change as you propose is through an amendment to the constitution. This can only be done by first, a vote in the national legislature, then ratification by 3/4 of the states.

Your options, then, are to attempt to get your state to pass a resolution that recommends that the constitution be amended. If it passes in your state (it won't) then you hope that other states respond in kind (they won't), or you can actively campaign in those states to get someone to propose a similar resolution. THEN, you hope that the U.S. congress cares enough to take the recommendation and propose an amendment (they won't).

Or, you could petition your representatives and ask them to propose such an amendment (they won't). If they won't, you can assemble a large number of voters in his/her district and conduct a sustained effort to get him/her to propose the amendment.

Finally, you could run for election to national office (that is to say, U.S. House of Representatives, Senate, Presidency) on the platform of proposing this amendment. Then if elected (you won't be), you can propose the amendment yourself. Then you must get enough support among your fellow congressmen to get the resolution out of committee (you won't) and then passed (you won't).

You live in New York State.

http://www.iandrinstitute.org...

No initiatives may be placed on the ballot in New York State.

At 11/2/2009 2:16:03 PM, mattrodstrom wrote:
Civil servants, be they Representatives, postmen, and all those in between, who are found to have knowingly commit unconstitutional acts, be charged as criminals, and serve a sentence of not less than one day in prison.

I don't support such a referendum because there are already means to protect against unconstitutional acts (balance of powers, impeachment, &ct.). Depending on the unconstitutional act, they can already be held criminally responsible. They are usually not. This is due more to politics than a lack of statutory record.

At 11/2/2009 3:38:00 PM, Ragnar_Rahl wrote:
You live in New York State.

http://www.iandrinstitute.org...

No initiatives may be placed on the ballot in New York State.

You beat me to it. Though I think he was asking about a national initiative or referendum more than for his own state.

Thank you much Jblake, RagnarR.

Jblake, isn't violating the constitution criminal? If the current system doesn't usually punish such criminal acts, don't you think we should make it, at least for consistency's sake, if not the victims?
Or is it that you think that politics and govt. needs some wiggle room on such issues to operate freely.

At 11/2/2009 4:03:58 PM, mattrodstrom wrote:
Thank you much Jblake, RagnarR.

Jblake, isn't violating the constitution criminal?

I don't think so in general, but:

http://www4.law.cornell.edu...

Jblake:
(you won't), (they won't), (you won't)

And thanks for the dose of reality.