Direct democracy: citizens could bypass Congress to make federal law

What it does

This proposed constitutional amendment would create a national referendum process allowing citizens to directly enact or repeal federal laws by petition and popular vote. If a petition signed by at least 5% of voters in 25+ states (and 5% nationally) is certified, the proposed law or repeal goes on the next federal election ballot; if it receives 60% of votes cast, it becomes law without presidential approval. Congress cannot repeal or amend such laws for 2 years without a two-thirds supermajority. Citizens would be barred from using this power to declare war, appropriate funds, amend the Constitution, or control the militia.

Why we flagged it

The bill's sole function is to propose a constitutional amendment establishing a national referendum/initiative process, fundamentally restructuring how federal laws are made by adding a direct-democracy pathway alongside representative government.

What the text implies

• A 60% supermajority threshold for referendum-enacted laws is lower than the 67% supermajority required for Congress to override them (2-year protection), creating asymmetric power favoring direct democracy over legislative reversal.
• The 5% signature threshold across 25+ states may advantage geographically dispersed movements but could disadvantage regional or minority-interest coalitions lacking nationwide organizing capacity.
• Exclusion of appropriations and war powers from referendum authority preserves congressional control over spending and military decisions, but leaves most regulatory and substantive law open to direct popular override.
• The 18-month signature-collection window and 90-day validation period create tight procedural timelines that may favor well-funded petition campaigns with professional signature-gathering infrastructure.
• Ratification requires 38 states within 7 years; even if passed by Congress, state legislatures in 13 states could block it, making this a high-bar structural change unlikely to succeed without broad consensus.

Section numbers refer to the bill text the analysis read — linked under Primary records below.

Who it affects

This amendment expands democratic participation by giving ordinary citizens direct legislative power on most federal matters, reducing dependence on elected representatives and creating an additional check on congressional gridlock. However, the 60% threshold and signature-collection burden may favor well-organized interests, and direct democracy on complex fiscal/regulatory matters carries implementation risks.

Named in the bill

U.S. House of Representatives, U.S. Senate, State legislatures, State chief executive officers, Congress

Where it stands

• Oct 22, 2026 — Introduced · Congress.gov: “Introduced in House”
• Oct 22, 2026 — Referred to House Committee on the Judiciary · Congress.gov: “Referred to the House Committee on the Judiciary”

Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.