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national initiative : ウィキペディア英語版
national initiative

National initiative refers to a process that allows for an initiative to be petitioned at the federal level in the United States and, thus, would require a national vote on the national ballot measure. Initiatives in the United States (direct and/or indirect ones) are currently only possible as state measures in some states.
The process and system for a national initiative is currently being proposed by Mike Gravel, a former U.S. Senator, and the Democracy Foundation, a non-profit non-governmental organization. The set of proposals, referred to by its proponents as the National Initiative for Democracy, has gathered notable endorsements from the likes of Ralph Nader, author, activist and former independent candidate for President of the United States; Noam Chomsky, linguist, philosopher, political activist and author; Tom Atlee, author of ''The Tao of Democracy'' and co-director of the non-profit Co-Intelligence Institute; and Howard Zinn, late author of the bestseller ''A People's History of the United States''.
== National Initiative for Democracy (USA) ==
The National Initiative for Democracy (NI4D) is a proposed constitutional amendment (Democracy Amendment) which recognizes the people's right to make laws at the local, state and federal level of every jurisdiction in the country and a federal law (Democracy Act) which spells out orderly procedures for the people to develop and vote on laws.
"The National Initiative does not change or eliminate Congress, the President, or the Judicial Branch of government. Laws created by initiative must still stand up in the courts just like laws created by Congress." The National Initiative adds an additional check—the people—to America's system of checks and balances, while setting up a working partnership between the People and their elected representatives.
The framers of the National Initiative for Democracy believe the law-making branch of government (Congress) no longer effectively represents the will of the American people. They believe as America continues to grow and diversify, Congress can only become less and less effective in representing the masses; that the gap between the elite decision making few and the ever diversifying average citizen, can only be bridged through direct citizen participation in governing.
They contend "voting out" representatives from office or enacting term limits is a good idea, those actions do not address the basic, fundamental flaw of governing an enormous, increasingly heterogeneous population by a tiny, elite few.
They believe that recent technological advances have made it possible for all Americans to voice their opinions on policies and laws which affect their lives; technology that did not exist in 18th century America, when the Constitution was written.
The National Initiative for Democracy believes direct citizen participation in law-making is the sovereign right of all Americans and should no longer be the exclusive right of Congress (at the federal level). Since it does not seek to abolish Congress, the States' Constitutional right to a representative form of government stated in Article I, Section 1, remains unaffected. The Supreme Court has recognized the Constitutional right of citizens to make laws at the state level but oddly, not at the federal. The National Initiative believes most of the existing state initiative processes have the right idea but are terribly flawed. NI4D designed their proposal to specifically address those shortcomings. Their proposal encompasses a unique, multi-step, deliberative process, by which citizens can initiate and enact laws. A process they believe has eliminated, to the further extent possible, the feared "mob rule" mentality.
By 2009, 24 US states had an initiative process in place at the state level. The proposed National Initiative would be somewhat similar to those already in place at the state level, but they would differ in the following significant ways:

#An independent Electoral Trust would be established consisting of a Board of Trustees and a Director. The Board of Trustees shall consist of 53 members: one member elected by the citizens of each of the 50 states, the District of Columbia, Puerto Rico and the Territories of the United States. The Director, except for the first Director, shall be appointed by majority vote of the Board of Trustees. The Board of Directors of the Democracy Foundation shall appoint the first Director. A variety of safeguards are written into the Democracy Act to prevent abuses by Trustees or the Director which include: Trustees and the Director serve a single term and cannot be re-elected; Trustees can be removed from office in a recall election or if three-fourths of the Trustees vote for removal; Trustees can recall the Director with a supermajority and all Electoral Trust meetings are open to the public.
#The Electoral Trust would be responsible for establishing procedures and regulations to register eligible citizens for lifetime voter registration, to assist sponsors in preparing initiatives for qualification (drafting), to process initiatives, to distribute information on proposed initiatives to every registered voter via various media outlets, to administer initiative elections and to administer elections and recall elections of the Board of Trustees and the Director. The Director is acting CEO of the Electoral Trust and is responsible for its day-to-day management and operations, consistent with the policies established by the Board of Trustees.
#Only citizens of the United States who are registered to vote may sponsor an initiative. The sponsor shall be identified on the initiative, on any petition, and on any qualifying poll. Any communication, regardless of the medium through which conveyed, that promotes or opposes an initiative shall conspicuously identify the person(s) responsible for that communication, in a manner specified by the Electoral Trust. Only U.S. citizens may contribute funds, services or property in support of or in opposition to an initiative. Financial disclosures and monetary thresholds will be established by the Electoral Trust. Contributions from corporations including, but not limited to, industry groups, labor unions, political parties, PACs, organized religions and associations are prohibited. Such entities are also prohibited from coercing or inducing employees, clients, customers, members, or any other associated person to support or oppose an initiative. Violations of the prohibitions shall constitute a felony. The initiative itself shall address one subject pertaining to public policy only, but may include related or mutually dependent parts. The initiative shall contain no more than five thousand words.
#Before being put to a national vote, an initiative would need to qualify in one of 3 ways: a public opinion poll, a petition or legislative resolution. The Electoral Trust in the relevant jurisdictions will determine the number of yeas or signatures needed for qualification by polling and petition. A simple majority in the legislative body of the relevant jurisdiction is all that will be needed for qualification by legislative resolution. The sponsor may withdraw an initiative from further consideration and processing at any time prior to a deadline established by the Electoral Trust.
#After an initiative qualifies, before it is voted on publicly, multiple hearings on the initiative will be conducted. A public hearing will be held with representatives of the sponsor and representatives of the legislative body of the relevant jurisdiction. Testimony on the initiative will be given by citizens, proponents, opponents, and experts which can be solicited. Their testimony shall be published as the Hearing Record. After the Public Hearing is completed, the Electoral Trust shall convene a Deliberative Committee (much like Oregon's Citizens' Initiative Review) () to review the initiative. The Committee shall consist of citizens selected at random from the voter registration rolls of the relevant jurisdiction maintained by the Electoral Trust and balanced as fairly as possible. Committee members are not required to participate (like jurors) and will be compensated for time spent and expenses incurred in performance of their duties should they choose to participate. The Deliberative Committee shall review the Hearing Record, secure expert advice, deliberate the merits of the initiative, and prepare a written report and recommendations. By two-thirds vote, the Committee may alter the initiative, provided that the changes are consistent with its stated purpose.
#Each initiative, together with its Hearing Record and report of the Deliberative Committee, shall be transmitted to the legislative body of the relevant jurisdiction (local or state) or Congress (federal) for an ''advisory'' vote. Upon completion of the Legislative Advisory Vote, or 90 days after the initiative has been delivered to the legislative body, whichever comes first, the Electoral Trust shall publish a schedule for the election of the initiative.
#The Electoral Trust will take advantage of modern technologies in developing procedures for voting and validating those votes. Voters may use multiple modern technologies from anywhere in the world using the most sophisticated encryption and security protections available that day. The Electoral Trust shall establish and maintain a web site for each qualified initiative that will contain, at a minimum, a summary of the Hearing Record, the report of the Deliberative Committee, the result of the Legislative Advisory Vote, statements prepared by the sponsor, other proponents and opponents, and a balanced analysis of the pros and cons of the initiative, its social, environmental, and economic implications, costs and benefits. Voters can use this information to make informed decisions before they cast their votes.
#An initiative that modifies the Constitution or a charter would be enacted by affirmative vote of more than half the registered voters of the relevant jurisdiction in each of two successive elections. If such initiative is approved in the first election, the second election shall occur no earlier than six months and no later than a year after the first election. ''Half of the electorate'', not merely half the people who care to vote, must vote yes, twice, in order to change a constitution or a charter.
#An initiative that enacts, modifies or repeals statute law assumes the force of law when approved by more than half the voters in the relevant jurisdiction participating in an election. This means that in the case of statutes, the majority of the votes received will be counted as the favorable opinion (as opposed to modifying the Constitution, which will require more than 50% of ALL REGISTERED voters).


抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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