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VOTER INITIATIVE CONSTITUTIONAL AMENDMENT

SENATE JOINT RESOLUTION 67

TUESDAY, DECEMBER 13, 1977

U.S. SENATE,

SUBCOMMITTEE ON THE CONSTITUTION
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee (composed of Senator Bayh, Metzenbaum, Abourezk, Allen, Scott and Hatch) met, pursuant to notice, at 10:10 a.m., in room 2228, Dirksen Senate Office Building, Senator Birch Bayh (chairman of the subcommittee) presiding.

Present: Senators Abourezk and Hatch.

Staff present: Nels Ackerson, chief counsel and executive director; Mary K. Jolly, staff director; Ken Foran, minority counsel; Linda Rogers-Kingsbury, chief clerk; Kevin Murray, counsel to Senator Abourezk; Stephan Carter, staff assistant to Senator Abourezk; and Kevin O'Donnel, counsel to Senator Metzenbaum.

Senator BAYH. The subcommittee will come to order please.

OPENING STATEMENT OF HON. BIRCH BAYH, U.S. SENATOR FROM THE STATE OF INDIANA AND CHAIRMAN, SUBCOMMITTEE ON THE CONSTITUTION

Today, the Subcommittee on the Constitution begins hearings on Senate Joint Resolution 67, a proposed constitutional amendment coauthored by my distinguished colleagues Senators Abourezk, Hatfield, and Gravel which would provide for the enactment of Federal laws by popular vote of the people of the United States. My distinguished colleague from South Dakota, and a member of this subcommittee, Senator Abourezk, has graciously agreed to chair part of these hearings because of his deep and long-time interest in this subject. I wish to thank him and to commend him and his staff for their cooperation and for the work they have done in conjunction with the preparation for these hearings.

The idea of the public proposing national laws and then voting on them is most controversial, as most of us realize in the Congress. At the outset, let me point out that these 2 days of hearings on Senate Judiciary Resolution 67 are only the beginning of what promises to be a lengthy and serious debate on the merits of this resolution. For the most part, the witnesses scheduled to testify during these 2 days of hearings are favorably disposed to the proposed resolution. However, their views in no way reflect an intent upon the part of this subcommittee to narrow the range of interested witnesses. Certainly, on the contrary, before our hearings are com

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