Convention of the People – Initiative I
The North Carolina State Constitution state in Article I, Section 2 that the people have the political power:
Sec. 2. Sovereignty of the people.
All political power is vested in and derived from the people; all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.
This is not true: we have no political power in our state. Our politicians maintain the appearance of a democracy where we elect them to perform their responsibilities. In 2009, the general assembly could not even pass a budget on time: it took them an additional month. Our only legal recourse to institute change in our government is a ballot process to amend the state constitution as outlined in Article XIII, Section 3. The entire article is presented below since Section 3 refers back to Section 1.
ARTICLE XIII
CONVENTIONS; CONSTITUTIONAL AMENDMENT AND REVISION
Section 1. Convention of the People.
No Convention of the People of this State shall ever be called unless by the concurrence of two-thirds of all the members of each house of the General Assembly, and unless the proposition “Convention or No Convention” is first submitted to the qualified voters of the State at the time and in the manner prescribed by the General Assembly. If a majority of the votes cast upon the proposition are in favor of a Convention, it shall assemble on the day prescribed by the General Assembly. The General Assembly shall, in the act submitting the convention proposition, propose limitations upon the authority of the Convention; and if a majority of the votes cast upon the proposition are in favor of a Convention, those limitations shall become binding upon the Convention. Delegates to the Convention shall be elected by the qualified voters at the time and in the manner prescribed in the act of submission. The Convention shall consist of a number of delegates equal to the membership of the House of Representatives of the General Assembly that submits the convention proposition and the delegates shall be apportioned as is the House of Representatives. A Convention shall adopt no ordinance not necessary to the purpose for which the Convention has been called.
Sec. 2. Power to revise or amend Constitution reserved to people.
The people of this State reserve the power to amend this Constitution and to adopt a new or revised Constitution. This power may be exercised by either of the methods set out hereinafter in this Article, but in no other way.
Sec. 3. Revision or amendment by Convention of the People.
A Convention of the People of this State may be called pursuant to Section 1 of this Article to propose a new or revised Constitution or to propose amendments to this Constitution. Every new or revised Constitution and every constitutional amendment adopted by a Convention shall be submitted to the qualified voters of the State at the time and in the manner prescribed by the Convention. If a majority of the votes cast thereon are in favor of ratification of the new or revised Constitution or the constitutional amendment or amendments, it or they shall become effective January first next after ratification by the qualified voters unless a different effective date is prescribed by the Convention.
Sec. 4. Revision or amendment by legislative initiation.
A proposal of a new or revised Constitution or an amendment or amendments to this Constitution may be initiated by the General Assembly, but only if three-fifths of all the members of each house shall adopt an act submitting the proposal to the qualified voters of the State for their ratification or rejection. The proposal shall be submitted at the time and in the manner prescribed by the General Assembly. If a majority of the votes cast thereon are in favor of the proposed new or revised Constitution or constitutional amendment or amendments, it or they shall become effective January first next after ratification by the voters unless a different effective date is prescribed in the act submitting the proposal or proposals to the qualified voters.
NCFreedom has been collecting suggestions from people and groups to amend the state constitution since May 2009. Our future efforts will be focused on submitting ten amendments to the North Carolina State Constitution to the General Assembly to call a Convention of the People as outlined in Section 3 above. Each amendment on the ballot will be voted on independently of the other amendments. When the people finalize the ten amendments, each one will then have to be adapted to withstand legal challenges in the future. We then have to find one representative or senator to introduce it in the general assembly in May.
The following list of ballot initiatives has been submitted:
- Implement a limit of three terms in office for state representatives and senators.
- Define and implement a method to allow popular referendums on an election ballot.
- Define and implement a legal and impartial method for voting districts to be established.
- Clarify the state’s responsibility for education as 1st through 12th grade.
- Prohibit admittance of illegal aliens to North Carolina state-funded community colleges, colleges, and universities.
- Strengthen our state sovereignty as defined by the 10th amendment of the Constitution of the United States.
- Implement mandatory felony prison sentences for voting infractions, including falsification of voter registration.
- Revise Article 1, Section 4 in the State Constitution to allow North Carolina to secede from the United States if the Federal government violates the Constitution of the United States.
- Define and implement a method to recall politicians.
- Eliminate state subsidies for non-NC resident or non-US resident students in our State Universities or Community Colleges.
- Pass “castle doctrine” legislation allowing NC home or vehicle owners to use any manner of force, including deadly force, against a criminal who forcibly enters or intrudes into his home or occupied vehicle.
- Reform NC annexation law to prevent forced annexation.
- Pass legislation to make the NC ballot more easily accessible to non-majority political parties.
- Pass legislation to issue voter ID cards.
- Pass NC Firearms Freedom Act exempting from federal regulation under the commerce clause of the Constitution of the United States a firearm, a firearm accessory, or ammunition manufactured and retained in North Carolina.
I am a conservative who has recently announced my candidacy for election to the General Assembly, House District 118 (part of Yancey, all of Madison, and most of Haywood Counties). The list of suggestions for ballot initiatives is of great interest, not least because I find that they resonate positively with the legislative positions I have been developing for my campaign. Obviously, I won't be in the House to sponsor any of these in May, but you can count on my support for them when the new conservative majority takes over in Raleigh in a year's time.
As we contemplate major revisions to the state Constitution, we need also to consider providing for strengthening local government in North Carolina. There is too much dictation from Raleigh to Mayberry under the current system, and on the principle that the government that is closest to the people governs them (and is governed by them) best, that fact needs to change. At the moment, our county commissioners often are more like state commissars than the county's advocates before the state.
David –
Please consider an addition to your list:
(#) Restrict the scope of "eminent domain" within NC and severly limit it's use; nullify the recent US Supreme Court rulings that expanded the applicability and implementation.
Thanks,
Hans
Everything looks good here except number 2. Referendums are mob rule.
I agree with Mr. Edwards above, we should, as much as possible, keep all things as local as possible. Simply follow the structure of the US Constitution. Cities and town should have control over all issues except those it cannot, then counties should be self sufficient where possible. Those things the counties cannot do should be then delegated to the State Legislature. And so on to the delegates (representatives and Senators) who represent the state of North Carolina at the Federal level. This limits power to any one group.
AGREE WITH MOST OF THE AMENDMENTS AND SUPPORT ADDING EMMIN ENT DOMAIN RESTRICTION.
I agree with all but I think #5 needs an addition. It should also prohibit illegals from holding employment in NC.
IMHO, unless Article 1 SEC 4 is repealed we are owned by the Federal Government! We the People have to put some bite in our declarations or the FED's will just laugh us off…..
That is Article I of the Preamble…SEC 4
I can see you only want to make a FEW changes.
[...] outlined in the Convention of the People article, NCFreedom has been collecting ballot initiatives from across North Carolina since last May. As [...]
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