Three things are certain: death, taxes, and
that if citizens collect sufficient signatures on a petition for a
constitutional amendment, the Legislature, meeting in joint
constitutional convention, MUST vote aye or nay, with a
roll call, on the issue itself – in the immediate case, the
"Defense of Marriage" Act.
The convention can vote "nay" if they disagree
with the issue. If less than 50 of them vote "yea," the proposed
constitutional amendment is dead. If 50 vote "yea," the amendment
proceeds to another required vote in 2007 or 2008, and if it again
gets 50 "yeas", if goes on to the 2008 ballot.
The proposed constitutional amendment for
health care that was sent to a study earlier this year was looking
for its second vote and should have been on the ballot this week.
Liberal issue, conservative issue, it doesn’t
matter. Legislators can vote yes or no, but they must vote. CLT
has been through this with proposed constitutional tax limitation
and term limits amendments; we have been to court. The state
Supreme Judicial Court has agreed that the ConCon must vote
on the issue – not on adjournment, not on sending it to a study,
not on legislators’ own whims of the moment.
If a vote is not taken, the governor can call
the Legislature back into session until it is, which we would
recommend. But the SJC has said that it has no remedy if the
Legislature still violates its constitutional duty and each
legislator’s oath of office to uphold it.
If CLT were governor, the state police would be
sent forth to arrest legislative leaders until the ConCon vote
occurs as required by the constitution. We understand this would
cause a constitutional crisis. But we already have a
constitutional crisis: the Legislature is violating the
constitutional rights of the petitioners.
If something is not done about this, the
initiative petition process for a constitutional amendment is
dead.
Source: Massachusetts Constitution
Article XLVIII.
I. Definition.
Legislative power shall continue to be vested in
the general court; but the people reserve to themselves the popular
initiative, which is the power of a specified number of voters to
submit constitutional amendments and laws to the people for approval
or rejection; and the popular referendum, which is the power of a
specified number of voters to submit laws, enacted by the general
court, to the people for their ratification or rejection. . . .
IV. Legislative Action on Proposed
Constitutional Amendments.
[Section 1. Definition. - A proposal for
amendment to the constitution introduced into the general court by
initiative petition shall be designated an initiative amendment, and
an amendment introduced by a member of either house shall be
designated a legislative substitute or a legislative amendment.
Section 2. Joint Session. - If a proposal for
a specific amendment of the constitution is introduced into the
general court by initiative petition signed by not less than
twenty-five thousand qualified voters, or if in case of a proposal
for amendment introduced into the general court by a member of
either house, consideration thereof in joint session is called for
by vote of either house, such proposal shall, not later than the
second Wednesday in June, be laid before a joint session of the two
houses, at which the president of the senate shall preside; and if
the two houses fail to agree upon a time for holding any joint
session hereby required, or fail to continue the same from time to
time until final action has been taken upon all amendments pending,
the governor shall call such joint session or continuance thereof.]
[Section 2 superseded by section 1 of Amendments, Art. LXXXI.]
Section 3. Amendment of Proposed Amendments.
- A proposal for an amendment to the constitution introduced by
initiative petition shall be voted
upon in the form in which it was introduced,
unless such amendment is amended by vote of three-fourths of the
members voting thereon in joint session, which vote shall be taken
by call of the yeas and nays if called for by any member.
Section 4. Legislative Action. - Final
legislative action in the joint session upon any amendment
shall be taken only by call of the yeas and
nays, which shall be entered upon the journals of the
two houses; and an unfavorable vote at any stage preceding final
action shall be verified by call of the
yeas and nays, to be entered in like manner. At such
joint session a legislative amendment receiving the affirmative
votes of a majority of all the members elected, or an initiative
amendment receiving the affirmative votes of not less than
one-fourth of all the members elected, shall be referred to the next
general court.
Section 5. Submission to the People. - If in
the next general court a legislative amendment shall again be agreed
to in joint session by a majority of all the members elected, or if
an initiative amendment or a legislative substitute shall again
receive the affirmative votes of a least one-fourth of all the
members elected, such fact shall be certified by the clerk of such
joint session to the secretary of the commonwealth, who shall submit
the amendment to the people at the next state election. Such
amendment shall become part of the constitution if approved, in the
case of a legislative amendment, by a majority of the voters voting
thereon, or if approved, in the case of an initiative amendment or a
legislative substitute, by voters equal in number to at least thirty
per cent of the total number of ballots cast at such state election
and also by a majority of the voters voting on such amendment.
Article LXXXI. Section 1. Article XLVIII of
the Amendments to the Constitution is hereby amended by striking out
section 2, under the heading "THE INITIATIVE. IV. Legislative Action
on Proposed Constitutional Amendments.", and inserting in place
thereof the following:-
Section 2. Joint Session. - If a proposal for
a specific amendment of the constitution is introduced into the
general court by initiative petition signed in the aggregate by not
less than such number of voters as will equal three per cent of the
entire vote cast for governor at the preceding biennial state
election, or if in case of a proposal for amendment introduced into
the general court by a member of either house, consideration thereof
in joint session is called for by vote of either house, such
proposal shall, not later than the second Wednesday in May, be laid
before a joint session of the two houses, at which the president of
the senate shall preside; and if the two houses fail to agree upon a
time for holding any joint session hereby required, or fail to
continue the same from time to time until final action has been
taken upon all amendments pending, the governor shall call such
joint session or continuance thereof.