THE TWO-THIRDS PRINCIPLE: REJECTING AMENDMENT 4 TO RESTORE EQUALITY AND PROTECT THE MISSOURI CONSTITUTION

Author: John Dady

Website: iwriteyoushare.com

Email: citizensagainsttyranny1776@gmail.com

Executive Summary

Missouri voters are being presented with a false binary in the upcoming August election: accept Amendment 4 as written, or allow the state constitution to remain vulnerable to temporary political trends and special-interest spending.

This paper presents a third option—the principled option: Defeat Amendment 4, clear the floor, and pass a uniform Two-Thirds (66.7%) standard in the upcoming January legislative session.

A state constitution is a foundational legal document that should require broad, overwhelming consensus to alter. However, altering the constitution must be governed by a level playing field. Amendment 4 fails this basic test of fairness by creating a two-tiered system that severely restricts citizen-led initiatives while leaving a backdoor open for state politicians.

The correct policy response is to defeat Amendment 4 at the ballot box and replace it with a clean, equal standard: Any proposed amendment to the Missouri Constitution—whether originating from citizen petitions or the General Assembly—must receive a two-thirds vote to become law.

The Mathematical Trap of Amendment 4

Amendment 4 proposes to change the approval threshold for citizen-initiated constitutional amendments by requiring a majority vote in each of Missouri's eight congressional districts individually, alongside a simple statewide majority.

While framed as a measure to protect the state constitution, the proposal contains a fundamental structural flaw: it explicitly exempts the state legislature.

The Asymmetric Double Standard

* For Citizens: A citizen-led petition could earn 70% or 80% of the vote statewide, but if it loses by a single vote in just one congressional district, the entire measure fails. A tiny fraction of voters in one district receives absolute veto power over the rest of the state.

* For Politicians: A constitutional amendment proposed by the General Assembly in Jefferson City would still only require a simple statewide majority (50% + 1) to pass. Politicians could pass an amendment even if it loses in six out of the eight congressional districts.

This design creates an unfair mathematical advantage for elected officials. It does not protect the constitution; it simply consolidates power in Jefferson City by locking the front door for voters while leaving the key under the mat for politicians.

Understanding the Legal Mechanism: Article XII, Section 2(b)

To understand how to fix this problem, voters do not need to wade through complex legal digests. The entire mechanism that governs how constitutional amendments become law in Missouri is contained in Article XII, Section 2(b) of the Missouri Constitution.

What Article XII, Section 2(b) Currently Says

Under current Missouri law, Article XII, Section 2(b) establishes a uniform standard for voter approval. It states, in relevant part:

"All amendments proposed by the general assembly or by the initiative shall be submitted to the electors for their approval or rejection... If a majority of the votes cast thereon is in favor of any amendment, the same shall take effect at the end of thirty days after the election."

Currently, this section treats citizen initiatives and legislative proposals equally: both require a simple majority (50% + 1) of votes statewide to pass.

How Amendment 4 Distorts the Law

Instead of updating Article XII, Section 2(b) uniformly, Amendment 4 carves out a harsh, multi-district requirement specifically for citizen petitions under Article III, Section 50, while intentionally leaving Article XII, Section 2(b)'s simple-majority standard intact for legislative referrals.

How This Proposal Fixes Article XII, Section 2(b)

This proposal does not create complex geographical sub-rules or multi-tiered hurdles. Instead, it directly updates Article XII, Section 2(b) by replacing a single phrase:

* Current Text: "If a majority of the votes cast thereon is in favor of any amendment..."

* Proposed Text: "If two-thirds of the votes cast thereon are in favor of any amendment..."

By changing this exact standard, the law remains simple, fair, and binding across the board. Every proposed amendment—no matter who submits it—must win 66.7% of the vote statewide to alter the state's foundational law.

The Solution: A Uniform Two-Thirds (66.7%) Supermajority

If the goal is to guard the Missouri Constitution against hasty alterations, special interest influence, and excessive policy bloat, the rules must apply equally to everyone. A flat two-thirds (66.7%) statewide supermajority achieves complete parity and preserves core legal principles.

1. Absolute Parity

Whether a proposal originates from grassroots citizens gathering signatures or politicians drafting resolutions in the Capitol, the standard remains identical. Neither lawmakers nor initiative campaigns receive special treatment or lower thresholds.

2. Preservation of "One Person, One Vote"

Unlike Amendment 4's district-by-district veto mechanism—which allows regional minority rule—a statewide two-thirds threshold ensures that every Missourian's vote carries equal weight regardless of where they live.

3. A True High Bar for Foundational Law

Constitutional provisions should reflect enduring statewide consensus, not narrow majority swings. Requiring 66.7% approval forces policy advocates to seek broad, cross-partisan consensus or pass their measures through ordinary statutory law rather than embedding them permanently in the constitution.

The "Defeat and Reset" Strategy for January

Voters do not have to accept a rigged mechanism simply because it is on the ballot today. Voting NO on Amendment 4 is not a rejection of constitutional preservation; it is a rejection of a double standard.

The Legislative Roadmap

1. Defeat Amendment 4: Reject the proposal at the polls to keep the state constitution free from an asymmetric district-veto rule.

2. File Joint Resolutions in January: Pre-file a clean House Joint Resolution (HJR) or Senate Joint Resolution (SJR) for the legislative session convening in January.

3. Amend Article XII, Section 2(b): Update the constitutional text to explicitly establish the 66.7% threshold: Any proposed amendment to this Constitution, whether originating by initiative petition or by the General Assembly, shall require approval by two-thirds of the votes cast thereon.

4. Demand Legislative Integrity: Present lawmakers with a clear imperative: if you want the public to trust that you are protecting the Constitution rather than consolidating power, you must hold your own proposals to the exact same standard you demand of the people.

Conclusion

The Missouri Constitution belongs to the people of Missouri, not to political factions or legislative insiders. Protecting this document requires a standard that is both rigorous and fair.

Amendment 4 creates a two-tiered system that advantages politicians over citizens. The principled path forward is to vote NO on Amendment 4, reset the debate, and enact a true two-thirds supermajority standard under Article XII, Section 2(b) that applies equally to everyone.

John Dady

iwriteyoushare.com

citizensagainsttyranny1776@gmail.com