Envisioning a New U.S. Constitution
A New U.S. Constitution?
We have learned much since the days the founders of the United States first formulated our Constitution. While many of our values and institutions remain the same as they were in the late 1700’s, much has also changed. We believe that it is time to revision our Constitution, and recreate it to incorporate all that we have learned about what supports true democracy, liberty, equality, and justice for all.
Be Part of the Collaboration
We invite you to consider this working draft of a new Constitution. Significant points of difference from our existing Constitution are annotated, and each note links to a blog post we you can read and add your commentary. By respectfully discussing our differences we hope to improve this document and make it even more representative of our common values.
Our Current Constitution
(Stricken sections in italics)
We the People
of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Article I
Section 1: Congress
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2: The House of Representatives
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3: The Senate
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section 4: Elections
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Section 5: Powers and Duties of Congress
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6: Rights and Disabilities of Members
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Section 7: Legislative Process
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8: Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9: Powers Denied Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10: Powers Denied to the States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Article II
Section 1
The executive Power shall be vested in a President of the United States of America.
He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article III
Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State;–between Citizens of different States;–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section 3
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article IV
Section 1
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section 2
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
Section 3
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section 4
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Article V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Article VI
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Article VII
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Seventh Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
11th Amendment
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
12th Amendment
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President.— The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
13th Amendment
Section 1
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2
Congress shall have power to enforce this article by appropriate legislation.
14th Amendment
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
15th Amendment
Section 1
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 2
The Congress shall have the power to enforce this article by appropriate legislation.
16th Amendment
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
17th Amendment
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
18th Amendment
Section 1
After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2
Section 3
19th Amendment
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
20th Amendment
Section 1
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section 2
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section 3
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Section 5
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
21st Amendment
Section 1
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2
The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
22nd Amendment
Section 1
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
Section 2
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
23rd Amendment
Section 1
The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
Section 2
The Congress shall have power to enforce this article by appropriate legislation.
24th Amendment
Section 1
The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.
Section 2
The Congress shall have power to enforce this article by appropriate legislation.
25th Amendment
Section 1
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
26th Amendment
Section 1
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2
The Congress shall have power to enforce this article by appropriate legislation.
27th Amendment
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.
The Proposed New Constitution of the
United States (Draft)
We the People
of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, ensure equality of opportunity, universal civil and human rights, and secure the blessings of liberty to ourselves and our posterity, do re-establish this Constitution for the United States of America.
Contents:
Article I Legislative
Article II Executive
Article III Judicial
Article IV Independent Commissions
Article V Elections
Article VI Ethics
Article VII States Rights & Relations
Article VIII Civil Rights
Article IX Economic Opportunity
Article X Amendment process
Article I (Legislative)
Section 1. Authority
Clause A. All legislative Powers herein granted shall be vested in the Congress of the United States, which shall consist of a House of Representatives.
Clause B. Congress shall have the power to consider legislation affecting:
- Civil & Human Rights.
- Citizenship and Immigration.
- Interstate Commerce.
- Federal Budget.
- Federal borrowing.
- Coin and Regulate Currency.
- Bankruptcy.
- Establish federal taxation and duties.
- Patents.
- Interstate Infrastructure.
- Ratifying Treaties, Foreign Trade and International Agreements.
- Relations with Native Peoples.
- Governance of Federal Territories.
- Regulating the composition and conduct of the military.
- Use of the military in non-emergency situations.
- Declaration of war.
- National Safety.
- Emergency Responses.
- Environmental Regulation.
- Federal Land Management.
- Federal Crimes.
- To make all Laws which shall be necessary and proper for executing the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 2. Composition
Clause A. The House of Representatives shall be composed of members chosen every second year by direct election of the people in each established congressional district.
Clause B. To be a member of Congress, a person must:
- Be a citizen of the United States for the past ten years.
- Be a resident of their congressional district for the past five years.
- Be at least 25 years old at the time of taking office.
- Be younger than 80 years old.
- Have previously served in Congress no more than twelve terms.
Clause C. Congressional districts throughout the various states shall be re-established every ten years (after each new census) by a committee appointed by the Judicial Congress, and verified by a 3/4 supermajority vote of the Supreme Court to abide by these qualifications:
- No district shall cross any state boundaries.
- No district shall contain an excess of 100,000 citizens.
- The number of districts in each state shall be equal to the state population divided by 100,000, rounded up to the next highest whole number.
- Each district in any state will contain the same number of citizens as every other district in that state (plus or minus one citizen).
- The boundaries of each district shall be established by the determining the shortest possible cumulative length of boundary between all districts within the state, while satisfying each of the other conditions in this section.
- The total number of members of congress will fluctuate each ten years as the number and boundaries of congressional districts are re-established after each census.
Clause D. When vacancies occur in the representation from any district, the vacancy shall remain unoccupied until the next federal election.
Clause E. There will be no Senate. Each state, however, shall have standing to file suit in federal court any allegation that the President, Congress, any federal regulations or legislation, or the action of any other state has violated its sovereignty or unjustly discriminated against it’s well being.
Section 3. Operation
Clause A. The House of Representatives shall choose their Chairperson, Vice Chairperson and Executive Committee members as officers who shall uphold the principles of full and equal participation of each member of congress, regardless of political party or seniority in the Congress. The Executive Committee shall be elected every two years, after the inauguration of each new Congress, by the full membership through a ranked choice ballot of all eligible candidates.
- Candidates shall be eligible for election to the Executive Committee if they receive the endorsement of 5% of Congress. Each member of Congress may endorse only one candidate.
- The ranked choice ballot shall select the five most broadly popular candidates for election to the Executive Committee. The top finishing candidate shall become the Chairperson and the second place finisher shall become the Vice Chairperson.
- The Chairperson shall regulate the operation of the Congress, subject to the approval of a majority of the Executive Committee. Any judgment made by the Chairperson can be overturned by a vote of three or more Executive Committee members.
- The Vice Chairperson will preside if the Chairperson is temporarily unable to fill the role.
- Any or all members of the Executive Committee can be removed from the committee by a 66% supermajority vote of the congress.
- Any vacancy on the Executive Committee shall be filled by the full Congress electing a new member to the committee to serve for a remainder of the term.
Clause B. Congress shall meet regularly in person, but shall also maintain a robust electronic platform for congressional communication and voting without the necessity of members being physically present.
Clause C. Congress shall establish committees to study the operation of the federal government and any ongoing need for federal legislation.
- Unless otherwise legislated, Congressional Committees shall consist of fifteen eligible members elected to each specific committee through rank choice voting of the full Congress.
- Candidates shall be eligible for election to a Congressional Committee if they receive the endorsement of 3% of Congress. Each member of Congress may endorse only one candidate for each committee.
- Members of Congress may not sit on more than one committee, including the Executive Committee.
- Congressional Committees shall make decisions by majority vote of their committee members.
- Congressional Committees shall have the power to hold hearings, subpoena witnesses (including but not limited to all employees of the executive branch), meet with foreign leaders of any type, commission reports, issue statements.
- Each member of a Congressional Committee shall have the authority to call their own witnesses to any committee hearing with the approval of one other committee member.
- Congressional Committees shall not have the power to block or stall legislation.
- Congressional Committees shall have standing to refer any potential ethical or legal violations by government officials to the Judicial Congress for review.
Clause D. The House of Representatives shall consider and decide upon pending legislation in the following manner:
- All members of Congress shall have the authority to submit legislation (bills & amendments) for the consideration of the Congress.
- No member or officer of the Congress shall have single-handed authority to block or stall the legislative process.
- All bills & amendments submitted by members shall be made immediately available for viewing and endorsement by all fellow members of Congress.
- Each bill garnering the endorsement of one third (or more) of the current members of congress shall be made available to be voted upon by all members of Congress over a period of thirty days following the submission of endorsements. Members may abstain, approve, or oppose the bill. Members may cast, change, or withdraw their vote without limitation during the 30 day period of consideration.
- The requisite majority for passage of a bill or amendment is a vote of approval by any amount more than 50% of the current members of Congress (regardless of the number of abstentions). Any bill or amendment shall be considered passed, upon closure of the thirty day consideration period, if it receives the requisite majority or supermajority for approval. Members may not change their vote once a bill or amendment is passed.
- The thirty day consideration period can be shortened for legislation addressing immediate concerns by a majority vote of the Executive Committee.
- Any bill receiving the requisite majority vote of approval shall be presented to the President. If the president signs the bill, or does not veto it within ten days, it will become law. If the president vetos the bill, it will not become law unless subsequently approved by 66% of the Congress.
- The requisite supermajority for passage of a bill or amendment is a vote of approval by >66% of the current members of congress (regardless of the number of abstentions). Any bill receiving the requisite supermajority vote of approval shall become law immediately, with or without approval by the president.
- Any amendment to a bill under consideration that garners the requisite endorsement of one third of Congress shall immediately be submitted to be voted upon by all members of congress during a five day consideration period. Members may abstain, approve, or oppose the amendment until closure of the five day consideration period. Amendments gaining a >50% majority vote of approval that the end of the five day consideration period shall be incorporated into the bill they amend.
- Amendments to remove prior amendments and resubmissions of rejected amendments shall be considered if they gain the requisite endorsement of 1/3 of Congress.
- The consideration of all amendments shall expire 24 hours prior to the expiration of the bill they propose to amend, even if the amendment has not had five full days of consideration. Thus, amendments proposed in the last five days of a bill’s consideration period will have a truncated consideration period.
- Amendments can only be added to bills that have not already been passed. Once a bill passes, all unapproved amendments become moot. Their provisions, however, can always be proposed in new legislation.
Clause E. Congress may, through successful legislation, may establish, regulate, or terminate Independent Commissions with charters specified in legislation to conduct specified areas of business within the federal government.
Article II (Executive)
Section 1. Authority
Clause A. The executive Power shall be vested in a President of the United States of America. The president’s duties and authority include:
- Act as Commander in Chief of the Armed Forces.
- Appoint Cabinet members and directors of all governmental departments, excepting those managed directly by Congress or the Judicial Congress and Independent Commissions established by legislation.
- Supervise the faithful execution of all US laws by all federal departments and employees under the authority of the executive branch.
- Supervise the deliberation of, establishment of, and compliance with, all federal government regulations in all federal departments under the authority of the executive branch.
- Supervise faithfully the expenditures of budgetary monies appropriated by Congress.
- Negotiate international agreements. Such agreements can be finalized only with a requisite majority vote of Congress.
- Declare national emergencies and administer federal responses.
- Veto or sign into law any legislation passed by Congress. If the President takes no action within 10 days of receiving a bill from Congress, the bill becomes law without the President’s signature.
- The president shall not serve a role in the appointment of officers or justices of the judiciary branch.
Section 2. Qualifications
Clause A. The president and vice-president shall hold office for a term of four years, They shall paired as a single ticket on the ballot and they shall be elected together, directly, by a majority vote of the entire voting citizenry of the United States.
Clause B. To hold the office of President or Vice-President, a person must:
- Be born within the boundaries of the United States at the time of their birth.
- Be at least 35 years old at the time of taking office.
- Have not previously served as President for more than three years.
- Take the following oath upon inauguration:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Clause C. In the event of the President’s death or the Supreme Court’s ruling that the President has become incapable of competently preforming the duties of the office, the Vice President shall take the oath of office and become the President of the United States.
If the Vice President is likewise deceased or ruled by the Supreme Court to be incapable of competently preforming the duties of the office, the Chairperson of the Congress shall take the oath of office and become the President of the United States.
If the Chairperson of Congress is deceased or ruled by the Supreme Court to be incapable of competently preforming the duties of the office, Congress shall elect a new Chairperson who shall immediately take the oath of office and become the President of the United States.
Article III (Judicial)
Section 1. Authority
Clause A. The judicial power of the United States, shall be vested in the Judicial Congress. The Judicial Congress shall elect members and officers of the Supreme Court and all subordinate courts, including the federal district and appellate courts. The Judicial Congress shall also appoint and supervise officers of the investigative and prosecution departments of the federal government, including the Federal Bureau of Investigation and the office of the US Attorney General.
Clause B. The power of the federal judiciary shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority:
- To all cases affecting officials of the federal government.
- To controversies to which the United States shall be a party.
- To controversies between two or more states.
- Between a state and citizens of another state.
- Between citizens of different states.
- Between citizens of the same state claiming lands under grants of different states.
- Between a state and a citizen of that state regarding violations of civic rights enumerated in this constitution.
- Between a state, or the citizens thereof, and foreign states, or citizens.
Clause C. The Judicial Congress shall not enact laws or legislation for the United States. It shall, however, establish rules and protocols for the operation of the departments under its jurisdiction. These departments shall administer justice through the application of existing law and through determinations as to whether existing laws are consistent with this Constitution.
Section 2. Composition
Clause A. The Judicial Congress shall be composed of members chosen every eighth year by direct election of the people in each established congressional district. Judicial Congressional districts shall be the same as districts for the House of Representatives.
Clause B. To be a member of the Judicial Congress, a person must:
- Be a citizen of the United States for the past ten years.
- Be a resident of their congressional district for the past five years.
- Be at least 30 years old at the time of taking office.
- Be younger than 80 years old.
- Have previously served in the Judicial Congress no more than three terms.
Clause C. When vacancies occur in the representation from any district, the vacancy shall remain unoccupied until the next federal election. When a vacancy is filled by an election prior to the expiration of the term, the newly elected member shall serve for the remainder of the term, with the option of seeking re-election at that time.
Section 3. Operation
Clause A. The Judicial Congress shall meet at frequencies and durations sufficient to conduct all business. All elections held by the Judicial Congress to appoint federal judges, Justice Department directors and other officers shall be made by ranked choice voting.
Clause B. The Judicial Congress shall elect their five member Executive Committee from among their members once every two years.
- Candidates shall be eligible for election to the Executive Committee if they receive the endorsement of 10% of the Judicial Congress.
- Each member of the Judicial Congress may endorse only one candidate to the Executive Committee.
- The ranked choice ballot shall select the five most broadly popular candidates for election to the Executive Committee. The top finishing candidate shall become the Chairperson and the second place finisher shall become the Vice Chairperson.
- The Chairperson shall regulate the operation of the Judicial Congress, subject to the approval of a majority of the Executive Committee. Any judgment made by the Chairperson can be overturned by a vote of three or more Executive Committee members.
- The Vice Chairperson will preside if the Chairperson is temporarily or permanently unable to fill the role.
- Any or all members of the Executive Committee can be removed from the committee by a 75% supermajority vote of the full Judicial Congress.
Clause C. The Judicial Congress shall elect a Supreme Court. The Supreme Court shall provide final arbitration and ruling on all cases before it. The Supreme Court shall rule on whether a case or a category of cases is within its original or appellate jurisdiction. It may also decline to hear a case, leaving any subordinate court’s ruling in place.
- There will be 15 members of the Supreme Court
- Members of the Supreme Court shall be elected by the Judicial Congress for terms of 240 months (20 years). They may not be re-elected.
- Members of the Judicial Congress can be candidates for election to the Supreme Court, but if elected, they shall relinquish their membership in the Judicial Congress.
- The terms of all 15 members shall be staggered such that a new member shall be elected every 15 months. Newly elected members shall audit the court proceedings for 3 months prior to the beginning of their term.
- The Supreme Court decisions will be made by majority vote.
- Both prevailing and dissenting opinions shall be published for each ruling.
- Supreme Court rulings shall uphold all provisions of this constitution and the fundamental principles of democracy upon which it is founded.
- Supreme Court rulings shall not establish new laws, legislation or policies. They shall only rule on whether previous or existing rulings, laws, policies or actions are in violation of this constitution. If so ruled, the court shall direct any actions to be taken by citizens, states, the Congress, or the Executive branch to address the issue and resolve any unconstitutional conditions.
Clause C. The Judicial Congress shall elect all judges for federal district and appellate courts.
Clause D. The Judicial Congress shall establish pools of regional professional jurors to try all crimes.
Clause E. The Judicial Congress shall elect and supervise the director of the Department of Justice, and the directors of any and all criminal investigation and prosecution agencies of the federal government, including the FBI, the Attorney General, and the Ethics Commission.
Clause F. The Judicial Congress shall elect and supervise an Ethics Commission, which shall investigate and prosecute all suspected cases of misconduct by federal officials.
Clause G. The Judicial Congress shall elect and supervise a Court of Ethics, which shall serve as a special District Court with jurisdiction over all cases of misconduct by federal officials. Rulings by the Court of Ethics may be reviewed by the Supreme Court at the discretion of the Supreme Court.
Article IV (Independent Commissions)
Section 1. Authority
Clause A. Independent Commissions, established by legislation, shall conduct federal business within their jurisdiction, according to all applicable federal laws. In matters unspecified by law, Independent Commissions shall conduct their business in ways consistent with the best interests of the people of the United States and the principles of this constitution.
Clause B. Independent Commissions shall be governed by a board of seven appointees serving a term length specified in their charter. The following office holders shall be in charge of appointing board members to fill the seven seats. The Chair of the House of Representatives shall make appointments for two seats. Any vacancies shall be filled by an appointment from the office holder designated to the vacant seat. The
- The President
- The Vice-President
- The Chair of the House of Representatives (2 seats)
- The Chair of the House of Representatives
- The Vice-Chair of the House of Representatives
- The Chair of the Judicial Congress
- The Vice-Chair of the Judicial Congress
Clause C. The boards of these commissions shall have the authority to appoint, supervise and terminate the director of the commission. Such decisions shall be made by majority vote of the commission members.
(Examples of these commissions include but are not limited to:
- US Postal Service
- Federal Election Commission
- Central Intelligence Agency
- Securities and Exchange Commission
- Federal Reserve System
- Consumer Financial Protection Bureau
Article V (Elections)
Section 1. Authority
Clause A. Elections to federal office shall be managed by the Federal Election Commission. This commission will implement and enforce all federal laws and constitutional mandates affecting the electoral process.
Clause B. Elections for federal offices shall be conducted by the federal government. Ballots shall be separate from all state and local government ballots. Election days, polling places, mail-in voting, and electronic voting, however, can be coordinated with state and local governments.
Section 2. Electoral Process
Clause A. Federal elections shall be held every two years on the first Saturday of August (primary) and the first Saturday of November (final), which shall be National Holidays, wherein only essential services, public and private, will be allowed to operate.
- All US citizens over the age of 18 shall be allowed to vote without bureaucratic obstacle or prior registration.
- All voters shall be offered an absentee ballot option.
- All voting precincts shall receive sufficient resources to manage the voting process without delays for voters or mishandling of vote tallies.
- Voting methods and vote tabulation shall be standardized and secure throughout the nation.
Clause B. Candidacy and election result guidelines shall include:
- Candidates must submit petitions of nomination signed by a minimum of 5% of district residents to be placed on the federal ballot. All candidates meeting this qualification shall be listed on the primary ballot and included in all federally funded election activities.
- Candidates for federal office shall not be distinguished by party affiliation on any federal election ballot or ballot information guide.
- The top two finishing candidates shall be determined by Ranked Choice Voting in the primary election for all federal offices.
- Final elections shall list only the top two choices of the primary election. The final election winner shall be determined by majority vote.
Clause C. The Federal Election Commission shall facilitate voter education and information about upcoming elections and candidates.
- A standardized booklet of written candidate statements shall be distributed to all citizens. This booklet may also contain unbiased, factual information from FEC officials, pertinent to voters.
- FEC public candidate forums shall be held prior to both the primary and final elections in each district. These forums shall provide candidates equal opportunity to describe their qualifications and platforms to voters. These forums shall be required to be broadcast (and rebroadcast) simultaneously by all operating media platforms without commercial interruption. These forums may include debates, moderated by FEC officials, but they must also include structures that allow each candidate to present their appeals in depth and without interruption. These forums shall be sufficient in number and design to provide voters the information they need to cast their vote knowlegeably.
Clause D. Contributions to the campaigns of federal election candidates can be made only by individual persons.
- All donors shall have a maximum allowable donation set at 100 times the federal minimum hourly wage.
- Donors may not pool their donation through organizations.
- Donors may not receive anything from the campaign or candidate in return for the donation.
Clause E. All independent advocacy for federal election candidates must be transparent.
- All political advertisements in support of a candidate must reveal the persons or group sponsoring the advertisement.
- All independent groups sponsoring campaign advertisements must publicly publish their list of donors or funding sources.
- Candidates and campaign officials cannot coordinate with independent groups or individuals advertising on their behalf.
- Independent groups cannot receive anything from the campaign or candidate in return for their advocacy.
Clause F. Candidates cannot publish statements that can be shown to be unequivocally false.
Clause G. Violations of the clauses in this section may be grounds for immediate removal of the candidate from the ballot or the subsequently elected official from office, as adjudicated by the Judicial Court of Ethics.
Article VI (Ethics)
Section 1. Government Service
Clause A. All federally elected or appointed officials shall serve in their positions for the benefit of the people of the United States and as responsible citizens of the world.
Clause B. Elected federal officials, commissioners, and directors of all federal departments and commissions shall not derive any emolument or personal economic gain beyond their official salary for their service. They may not own financial interest in any entity or industry within the jurisdiction of their authority. Elected officials must place all personal investments in a blind trust for the duration of their office holding to avoid any potential conflicts of interest. No officials, directors or commissioners shall continue to receive compensation from previous employment or partnership with associated entities or industries.
Clause C. Upon leaving office, elected federal officials and the commissioners and directors of all federal departments and commissions may not be employed or otherwise compensated by entities or industries within the jurisdiction of their previous authority for a period of five years. Beyond this time period, previous officials, commissioners and directors may be employed in associated regulated industries, but only for compensation commensurate with their concurrent responsibilities.
Cause D. Elected federal officials and the commissioners and directors of all federal departments and commissions shall primarily serve the citizens of the United States. They may extend their service for the benefit of humanity as a whole, but they shall not use their authority for the benefit of any individual state, other nation or other government. Nor shall they receive any compensation or favors from persons of other nations.
Clause E. Elected federal officials and the commissioners and directors of all federal departments and commissions shall serve their office with integrity of speech, compliance with law, and fairness in judgment, and equal treatment of all parties within their regulatory jurisdiction. Any breaches on these counts are subject to review by the Judicial Ethics Committee, who shall determine if the party shall be removed from their office, excepting the President, who shall only be removed from office by a majority vote of the Supreme Court.
Clause F. Any person or group attempting to influence a federal official through bribery or graft shall face prosecution regardless of whether the attempt was successful.
Clause G. No Money shall be drawn from the Treasury, but in consequence of appropriations made by Law; and a regular statement and account of the receipts and expenditures of all public money shall be published regularly.
Clause H. No title of nobility shall be granted by the United States. No person holding any federal office, shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any foreign leader or foreign state.
Clause I. All elected and appointed federal officials, as well as all officials of state governments and judicial officers shall be bound by an oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
Section 2. International Ethics
Clause A. No federal or state government shall engage in torture, or violations of basic human rights, of non-citizens within or outside the nation’s borders.
Clause B. The United States shall not engage in covet military or intelligence operations intended to interfere in the internal affairs of foreign nations. Military and intelligence operations shall be limited to objectives directly associated with international crime or security threats to the United States, its allies, other endangered nations, or vulnerable populations.
Clause C. The United States shall not target civilian populations in other nations unless such nations are engaged in direct warfare against the United States, its allies, other endangered nations, or vulnerable populations.
Article VII (Civil Rights)
Section 1. Enumerated Rights
Clause A. (Freedom of Speech) All persons shall have the freedom to express their views through speech or other media. All persons shall have the freedom to practice their religion or chosen lifestyle. All persons shall have the right to peaceably assemble and to organize and redress their grievances to the government. No persons, groups of persons, or organizations, however, shall have the right to exercise these freedoms in ways that impinge upon the rights of others to these same freedoms. Nor shall persons have the right to speech advocating for the discrimination against, or removal of rights guaranteed by this constitution from other persons.
Clause B. (Freedom of Self-Defense) All persons shall have the right to protect themselves from violence or criminal trespass, using means appropriate to the threat. This right shall include possession of lethal weapons and use of lethal force in the face of imminent, lethal threat. This right shall not extend to the possession of weapons of mass murder. And laws may be passed that restrict this right in persons for whom possession of weapons may pose a threat to the safety of others.
Clause C. (Equality of Opportunity) All persons, of all races, colors, ethnicities, genders, sexualities, religions, languages, age, disabilities or other status shall have the right to be treated equally by all other government and private parties. All are equal before the law and are entitled without any discrimination to equal protection of the law and equal protection against discrimination.
Clause D. (Right to Autonomy) All persons have the right to life, liberty and security of person. No one shall be subjected to arbitrary arrest, detention or exile. No one shall be held in slavery or servitude. All persons shall enjoy the freedom of movement within the United States, except when temporarily restricted for safety or emergency situations.
Clause E. (Rights of Privacy) All persons shall have the right to be secure in their persons, in their houses, and in public areas against unreasonable searches and seizures. Reasonable searches by law enforcement officers, shall be based upon immediate threat or shall be restricted by warrants, based upon probable cause, supported by oath or affirmation, and specifically describing the place to be searched, and the persons or things to be seized.
Clause F. (Rights of Property) No persons may be deprived of their property, without due process of law. Governments, through eminent domain, may seize specific property for public use, but only with just compensation. Laws limiting the accumulation of general personal wealth may be enacted, provided they are applied equally to citizens of similar wealth.
Clause G. (Rights of Accused Persons)
- All persons charged with a penal offense have the right to be presumed innocent until proven guilty according to law in a public trial at which they have all the guarantees necessary for their defense, including: the right to assistance of Counsel for their defense, the right to be confronted with the witnesses against them and the right to a process for obtaining witnesses in their favor.
- Persons shall be only be convicted of a crime by ruling of a jury of either professional or peer jurors, except persons in active duty military, who may be convicted by a military tribunal.
- In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed,.
- All accused or detained persons shall be informed of the nature and cause of the accusation.
- No person shall be compelled in any criminal case to be a witness against themself. All detained persons shall have the right to remain silent. Testimony they do give, however, can be used in their prosecution, unless that testimony was obtained under duress.
- No one shall be held guilty of any penal offense which did not constitute a penal offense at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed.
- No person be subject to federal trial for the same offense twice.
- Non-accused persons shall not be unduly detained. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Clause H. (Rights of Workers)
- Workers shall have the right to a minimum compensation for their labor, and safe working conditions.
- Workers shall have the right to adequate time off and reasonable limitation on working hours.
- All varieties of persons shall have the right to equal pay for equal work.
- Workers shall have the right to organize and advocate for their safety, compensation and working conditions. They shall not be terminated from their jobs for exercising these rights.
Clause I. (Rights of Employers) Employers shall have the right to terminate employment at will, based on the worker’s job performance or employer’s financial position. This right does not extend to termination of employment based on discrimination or labor organizing activities.
Clause J. (Rights of Basic Standard of Living) All persons shall have the right to receive affordable, necessary health care. The federal government shall provide assistance to enable all those with chronic illness, disabilities or advanced age to receive the food, shelter, and medical care they need for survival and maintenance of basic human dignity.
Clause J. (Rights of Children) All children shall have the right to be safe, sheltered, well-nourished, and free from corporal punishment or abuse. All children shall have a right to free public education. All families shall have a right to choice in the kind of education for their children, if they choose not to participate in public schools, provided basic educational skills are addressed. All children have the right for their own needs to prevail as the priority in disputes between separated, divorced or unmarried parents.
Clause K. (Rights of Voters) All United States citizens of at least 18 years of age shall have the right to vote in all elections, federal, state, and local. No law shall be passed that restricts this right or places upon the voter the burden of proving or earning their legitimacy.
Clause L. (Rights of Litigators) The Judicial Congress shall determine the processes and conditions guiding litigation of disputes between citizens.
Clause M. (Rights of Citizenry) All persons born within the boundaries of the United States shall be full and equal citizens from birth. All persons completing a naturalization process and taking an oath of citizenship shall likewise be full and equal citizens. All non-citizens located within the boundaries of the United States shall be afforded basic human rights, whether or not they receive other benefits of citizenship.
Clause O. (Rights of Pregnant Women and Unborn Children) Women retain the right to carry or terminate pregnancies within their own bodies for the first 18 weeks of their pregnancy. The natural rights of children begin 18 weeks after conception, wherein they have a right to have their lives protected, except in cases where the life of the mother is at risk.
Clause M. (Unenumerated Rights) The enumeration in this Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
Clause N. (Reservation of Unenumerated Powers) The powers not delegated to the United States by this Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Article VIII (States Rights & Relations)
Section 1. State Powers & Limitations
Clause A. No tax or duty shall be laid on articles exported from any State.
Clause B. No state shall, without the consent of the Congress, lay any duties on imports or exports, except what may be absolutely necessary for executing its inspection laws.
Clause C. No preference shall be given by any regulation of commerce or revenue to one state over those of another.
Clause D. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; print or coin money or legal tender; emit bills of credit; make any; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
Clause E. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
Clause F. A Person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
Clause G. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
Clause H. The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion or threat of violence from one another or any foreign power. Full Faith and Credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.
Clause I. The citizens of each state shall be entitled to all privileges and immunities of all citizens of the United States. No State shall make or enforce any law which shall abridge the privileges or immunities of any citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Clause J. New States may be admitted by the Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.
Clause K. This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound by, this Constitution, and federal law.
Clause L. Any state may leave the nation to become an independent nation if so decided by a method consistent with that state’s own constitution. The federal government shall not block states from exiting. Rather, Congress shall enact legislation creating a uniform process by which states may exit the union, and shall establish how residents of exiting states shall lose or retain their federal citizenship, and benefits thereof.
Clause M. No territories, outside of existing states, shall be held by the United States federal government or any state government for more than twenty years without a formal process available for those territories to join an existing state or become a new state, thereby granting that territory’s citizens full United States citizenship and full representation in the federal government if so desired by a the people of the territory through a legitimate democratic process. If the United States should decide not to accept the new territory as a state, it shall release possession of the territory and respect the region as a sovereign nation.
Article IX (Freedom and Equality of Economic Opportunity)
Section 1. Rights & Responsibilities
Clause A. All citizens shall have the right to initiate and engage in business or economic activity for personal prosperity or for the public good.
Clause B. Whenever demographic information indicates that economic opportunity is disproportionate to various groups, the federal government shall institute regulations and resources to ameliorate such inequities.
Clause C. The federal government shall have the right and the obligation to limit the accumulation of excessive wealth by individuals, corporations or groups to protect the equality of opportunity for other citizens.
Clause D. The federal government shall have the right and obligation to intervene when individuals, groups or corporations gain monopoly or near-monopoly control of essential industries or services. Interventions may include corporate restructuring and/or asset redistribution to establish a more open, accessible, and competitive business environment; or may include asserting eminent domain to establish public or nonprofit operation of such essential industries or services.
Article X (Constitutional Amendments)
Section 1. Mode of Amendment
Clause A. With approval of >66% of both the Congress and the Judicial Congress; followed by a greater than 60% majority vote of the citizenry in a federal election; amendments to this Constitution may be made. Such amendments carry the full authority of this Constitution and judicial all relevant precedents shall become revisable to comply with such amendments.
Clause B. Each 100 years from the date of ratification of this revised Constitution, a Constitutional Convention shall be held. All members of the Congress, the Judicial Congress, representativeness selected by each state legislature (in equal number to the number of congressional districts in each state) and all state governors shall be invited members to this convention. The combined members shall have the authority to amend or rewrite this Constitution with >66% vote of approval.
Notes on the Changes
This column explains the differences between the new draft Constitution and the existing Constitution. Links to Blog Post discussions provide more complete explanations and the opportunity to comment.
Read our answer to this question by following this link. You can then leave your own comments on the topic.
Values Articulated
This change in the Preamble of the Constitution articulates a more full descriptions of the values underlying our democracy. Specifically, it includes the values of equality of opportunity, and the security of universal civil and human rights.
Table of Contents Additions
This change includes the addition of constitutionally structuring Independent Commissions, Elections Regulations, Governmental Ethics, Civil Rights and Freedom and Equality of Economic Opportunity. It incorporates into the body of the Constitution many points that originally appeared in the various amendments to the original Constitution, as well as adding additional content.
Why Eliminate the Senate?
The elimination of the Senate would allow for the House of Representatives, as a single legislative body, equally representing all Americans, to deliberate and pass laws more efficiently, more inclusively, with less control of the process by a handful of congressional leaders, with fewer legislative stalemates, and with more equal representation of all citizens.
What Changes Are Needed to The Powers of Congress?
Most of the powers of Congress remain the same. For clarity and to bring the Constitution up to date, this revision specifically articulates many powers, which Congress has already assumed over time, within this new Constitution.
Why Remove the Power of Impeachment from Congress?
The power of impeachment of the president is removed from the legislative branch to the judicial branch. This is intended to prevent the impeachment process from being used for political functions. And the intent is also to ensure that impeachment will be justly pursued when legally indicated.
How are the Duties of the Senate Reassigned?
The Senate’s role in confirming judicial nominations and trying impeachments of the president are re-delegated to the Judicial Congress, described below. Other duties of the Senate are re-delegated to the House of Representatives.
Why Are There Maximum Age Limits and Term Limits for Congressional Representatives?
The power of incumbency has resulted in many career Congressional representatives serving terms until death, despite age related declines in their cognitive functioning and their ability to understand changes in contemporary society. Both minimum and maximum age limits help prevent potentially unqualified candidates from holding office.
Why is the Size of Congress Increased So Much?
The size of Congress has been increased to provide a fixed maximum number of citizens represented by each representative. This allows ordinary citizens to have more reasonable access to their representatives.
Why Are There Guidelines for Drawing Congressional Districts?
A fair process of drawing Congressional boundaries prevents gerrymandering, the strategic adjustment of district boundaries by a locally dominant political party to distort truly representational elections.
Why Are Congressional Vacancies Left Open?
The practice of having governors appointing replacements for prematurely vacant Congressional seats is commonly used to provide appointed candidates the advantage of incumbency in the next election. We believe that the people of a district should choose their next representative without the scales weighted by a gubernatorial appointment. While a vacant seat leaves a Congressional district temporarily unrepresented in Congress, a governor-appointed placeholder does not actually provide true representation for the people of the district, and may instead be politically motivated by the governor or the governor’s political party.
Why is the Operation of the Congress Included in This Constitution?
The original Constitution did not specify much about how Congress operates. This has resulted in Congressional rules and procedures that hamper truly democratic functioning. This new Constitution stipulates rules for the election of Congressional leaders and guidelines for Congressional procedures. These rules and guidelines seek to prevent the domination of Congress by the majority party, and enable the functioning of Congress to be less partizan and more democratic.
What is Ranked Choice Voting?
Ranked Choice voting (also know as “Instant Run-off”) allows a voting population to elect the most popular candidate from a pool of multiple candidates in a single election. Voters rank their choices, instead of voting for a single candidate. This allows the election tabulation process to re-assign the votes of the losing candidates to each of the remaining top candidates. Ranked Choice voting prevents a candidate from winning an election with only a plurality of votes. This allows candidates to compete in elections without fear that their presence on the ballot will hurt fellow candidates with similar platforms.
Why Would Congress Use Ranked Choice Voting to Elect Its Officers?
In elections for a slate of officers, Ranked Choice Voting results in a group of elected officials that more accurately represent the diversity within the voter population. Currently, the majority party in Congress can elect all the Congressional leaders, and maintain strong control over the legislative processes, without much accountability to Congressional representatives outside their own party. Ranked choice voting results in the election of Congressional leaders who have strong support in either party or have broad nonpartisan support. The resulting leadership is thus a more democratic representation of the Congress as a whole.
How Would a Large Congress Meet?
Our technological capacity for large group collaboration has increased dramatically since the late 1700’s. We now have means to meet virtually and create virtual discussion forums that render the traditional orations from the floor of the Congress obsolete. The romantic image of democracy operating by representatives persuading each other through moving speeches is far from the reality of how Congressional representatives currently choose their positions on legislation. In reality, Congressional speeches are largely for the public audience. We can use newer technology to allow larger numbers of representatives to collaborate on legislation, and thereby expand the number of representatives such that none represent more than 100,000 constituents.
How Do the New Congressional Operating Guidelines Affect the Consideration, Deliberation, and Passage of Legislation?
The various new procedures allow Congressional representatives to propose, solicit support, and potentially mandate a vote on legislation or amendments, with or without the support of Congressional leaders. This prevents the current concentration of power held by Congressional leaders, and allows nonpartisan deliberation of all potential legislation.
What Has Become of the Original Constitution’s Provisions in Article 1,
Section 9 & 10?
These provisions are included in later sections of this New Constitution, particularly Article VII. States Rights & Relations.
Why Have Direct Elections of the President (Abolishing the Electoral College)?
The electoral college is an artifact of the nation’s founders not trusting the populace with the direct election of the president. The current system, however, has resulted in three recent presidents being elected without the approval of a majority of American citizens. This is a fundamental betrayal of democratic values.
How Are the Powers of the President Changed?
In this new Constitution, most of the powers of the president are maintained, with certain key exceptions:
- The president no longer makes judicial appointments, including judges, the attorney general, or judicial investigative agencies. This power is delegated to the new Judicial Congress. This change prevents a single person, who often has partisan or political motivations, from unduly influencing the operation of the judicial branch. Instead, these appointments will be made by representatives specifically chosen by the voters for their capacity to guide the judicial branch, rather than the executive branch.
- The president has limited authority over the administration of Independent Commissions. These commissions, established and regulated by Congress, execute various functions stipulated by legislative mandate. The president and vice-president each appoint one seat on the boards of these Independent Commissions, as described in Article IV. But the president does not have the authority to appoint directors or mandate decisions regarding the operation of Independent Commissions.
Why Would the President Not Appoint Members of the Judiciary Branch?
The president is elected by the people for leadership capabilities and popular political platform and vision. The judicial branch has an entirely different function in government. It serves to enforce existing law and interpret the Constitution. Conflating the two branches of government compromises the separation of powers that ensure balance and stability in our government. A Judicial Congress, elected by the people, based on candidates’ judicial expertise, experience and integrity is better qualified to appoint judicial officials and manage the investigative and prosecuting agencies of the federal government.
Why Would the President Not Control Independent Commissions?
This is discussed in relation to Article IV: Independent Commissions. (see below)
Why Have an Elected Judicial Congress?
The function of the judicial branch of government is distinct for the functions of the legislative branch and the executive branch. Simply put, the Congress creates legislation, the President administers the government, and the judicial branch ensures that both Congress and the President, as well as the citizenry of the United States, abide by this Constitution and any duly passed laws consistent with it. Without a Judicial Congress, elected by the people, the President and Congress appoint and manage the very branch of government charged with holding them accountable. This allows presidents to fire attorney generals who threaten to investigate them. It allows majority parties to appoint judges based on their willingness to “legislate from the bench,” ensuring judicial political bias that lasts long after Congress or the President are replaced by voters. A Judicial Congress, elected by the people, for extended (but not lifelong) terms, provides a truly democratic means for the appointment and oversight of the judicial branch.
How Shall the Judicial Congress Operate with Minimal Partisanship?
Members of the Judicial Congress shall be elected directly by the citizenry, specifically for the purpose of administering the judicial branch. This enables candidates to be chosen based on their judicial qualifications, rather than their views on the range of legislative issues the regular Congress considers. The narrow focus of their office allows them to hone their expertise. The ranked choice election of the Judicial Congress leaders also ensures broad representation in these leadership positions (see ranked choice voting above).
How Shall the Judicial Congress Enforce Ethical Government and Prosecute Political Corruption?
The Judicial Congress strengthens the judicial branch of government by more fully separating the judiciary from the executive and congressional branches. Instead of being appointed by the President and confirmed by Congress, judicial appointments are made by a Judicial Congress directly elected by the citizenry. This allows the judiciary to more freely investigate and prosecute corruption in the other two branches of government. The new offices of the Ethics Commission and the Court of Ethics (explained below) create a dedicated forum for this anti-corruption mandate.
The Age and Term Limits of the Judicial Congress Serve the Same Function as Age and Term Limits for Congress (as discussed above).
The Judicial Congress Rules for Vacancies, Election of Officers, and Ranked Choice Voting Mirror the Uses of These Stipulations for Congress (as discussed above).
Why Increase the Size of the Supreme Court?
A larger Supreme Court allows for greater diversity in its membership. This increases the likelihood that a variety of minority opinions will be part of the deliberation on any case. There is still an odd-number of justices to ensure against tied verdicts.
Why Limit and Stagger the Terms of the Supreme Court Justices?
Supreme Court justices shall serve single terms of 20 years. This insulates them from the changing winds of public opinion and political expediency, allowing them to render their judgements based on enduring Constitutional principles and legal presidents. The ability of the Supreme Court to adapt to enduring changes in society, however, is enhanced by limiting the term of each justice to 20 years, and ensuring that new justices are regularly added to the court every 15 months to replace retiring justices.
What Other Functions Does the Judicial Congress Have?
The Judicial Congress appoints members of the Supreme Court and federal District Courts. It also oversees the federal agencies involved in law enforcement and prosecution, including the appointment of the directors of all such agencies. The Judicial Congress also oversees a new federal Ethics Commission and Court of Ethics. These changes remove these functions from the control of the President, allowing the judicial branch to hold the executive branch (and Congress) accountable to existing laws and ethics. Under the authority of the Judicial Congress, law enforcement functions can better operate independently of partisan or political influence.
Why Use Professional Jurors?
The original constitution provided accused citizens the right of trial by a jury of one’s peers. This sounds like a good thing, to ensure that people like yourself, and not government officials, would determine the verdict of trials. In practice, however, this has led to the practice of mandated citizen jury service. The efficiency and quality of ad hoc, conscripted juries has proven problematic in practice. Alternatively, professional jurors could perform the role more efficiently and with a higher competence level.
How Would the Newly Formed Ethics Commission and Court of Ethics Function?
These new offices are proposed to more effectively prevent and prosecute corruption in government. Currently, corruption is investigated by our criminal investigative agencies or by specially appointed prosecutors in response to emerging scandals. In reality, however, the need to investigate and prosecute governmental corruption is ongoing. Such investigations are also more specialized than criminal cases, and are best conducted by offices with this specific jurisdiction. The Ethics Commission is charged with investigating governmental corruption and prosecuting offenders. The Court of Ethics is a specialized federal District Court established specifically to try cases brought to it by the Ethics Commission. Accused federal officials can defend themselves against charges by the Ethics Commission when their cases are heard by the Court of Ethics.
Why Does the Federal Government Have Independent Commissions?
Democracy depends not only upon directly elected government leaders. It also requires the stable and efficient functioning of enduring democratic institutions. Independent Commissions, established and regulated by Congress, provide for a wide range of governmental services and responsibilities to throughout periods of political change.
Why is There a Whole New Article in This Constitution Focused on Elections?
Elections are a fundamental process of any democracy. Our original Constitution neglected to stipulate much about elections. This Constitution addresses some of the problems that our electoral process has encountered.
Why Should the FEC Manage All Federal Elections?
The original Constitution did not stipulate regulations about elections, leaving that function to the states. In practice, however, the diverse range of state election systems, and the dominant role political parties in primary elections, have rendered the federal election process chaotic, sometimes undemocratic, and often vulnerable to corruption.
Why Should We Have Open Primaries?
Though not referred to in the original Constitution, political parties have established a foothold in our electoral process. The organization of primary elections based on political party strengthens these nongovernmental organizations. In the U.S. this has resulted in the dominance of two political parties and the polarization of the electorate based on party affiliation. Direct democracy is better served by candidates appealing to voters based on their own qualifications and platforms, rather than on their party membership. Voters should be free to choose their preferred candidate, rather than restricted in primary elections to only voting for members of their own party.
Why Use Ranked Choice Voting?
Ranked Choice voting is described above (and here). It allows voters to rank multiple candidates in order of preference. The results are then tabulated to identify the overall most popular candidate, regardless of whether similarly positioned candidates share the ballot. This prevents candidates from “winning” without a majority of the vote.
Why is There Both a Ranked Choice Primary and a Regular Final Election?
Ranked Choice voting can establish a winner in a single ballot, but important distinctions between the top candidates may only come to light in the campaign process when voters have time to compare the final two candidates. Thus, this Constitution calls for open primary elections, where there may be many names on the ballot. Ranked Choice voting is used to select the top two candidates, rather than the single winner. The time period between the primary and the final election allows candidates and voters to narrow their focus to a binary choice. The winner of the final election will thereby receive an outright majority of the vote.
Why Qualify Candidates for the Ballot By Petition?
There needs to be some minimum qualifications to appear on the ballot to make sure that voters are not overwhelmed with too many choices to adequately vet. The petition process requires that a candidate demonstrate a minimum level of appeal to voters. The petition process also leaves candidates a path to access the ballot by direct consent of a percentage of the voters, without having to work through an existing political party.
Why Would the FEC Organize Candidate Forums?
The mission of the Federal Election Commission is to ensure a safe, fair and democratic election process. The mission of corporate media is earn advertising money through engaging programming. The campaign of each candidate organizes their own events, but voters are helped to make more informed decisions by forums in which candidates debate or otherwise present their case for election in direct comparison to one another. Leaving this function in the hands of corporate media means that the rules, formats, presentation and even content of these forums is chosen by the owners of the media, allowing them to bias the electoral process in multiple ways. The FEC can design candidate forums that are focused on fully educating voters, rather than the ratings candy of sound bites, nasty interactions, and stilted questioning.
Why Have Rules and Limitations on Campaign Financing?
Campaign financing has long been an avenue for buying influence from politicians. The unfortunate Supreme Court decision in Citizen’s United case worsened the problem exponentially. Many describe our current campaign finance system as one of flagrant and endemic bribery. Limiting campaign contributions prevents wealthy individuals, corporations, or pooled-resource groups (unions, industry consortiums, issue-based organizations, etc.) from gaining influence by campaign donations.
What About Free Speech in the Campaign Process?
To protect free speech, this Constitution does allow independent groups to advocate for issues or candidates. This advocacy, however, is not permitted to be done in coordination with any candidate or their campaign. This provides imperfect protection of our democratic process, because it still allows those with the most resources to amplify their freedom of speech above the rest. True democracy is enhanced when voters share a more equal resource base, and a resulting equal capacity to have their views shared and heard.
How Does This Constitution Help Ensure Ethical Behavior in Federal Officials?
Article VI adds a new section to the Constitution dealing specifically with ensuring the ethical behavior of federal officials. It starts with defining the fundamental nature of government service. It stipulates restrictions on several currently common unethical practices. And it provides for the establishment of both the Ethics Commission to investigate all threats of corruption in federal officials and a Court of Ethics to specialize in trying such cases brought to prosecution.
Do Federal Officials Solely Serve the Interests of U.S. Citizens?
This Constitution defines the mission of federal service as being primarily for the benefit of U.S. citizens. It recognizes, however, that we live in a very interconnected world. To an increasing degree, the benefit of U.S. citizens are directly enhanced by international cooperation and international goals of peace, human rights, national sovereignty, democratic government, and environmental stewardship. Thus, mission of federal officials to maximally serve the interests of U.S. citizens, requires that they also serve the best interests of the world as a whole.
How Does This Constitution Help the Government Remain Independent of Corporate Influence?
One of the major problems with our current government is the “revolving door” of corporate leaders entering positions in federal offices that regulate their industries, and then returning to their corporate positions after having skewed federal regulations to the benefit of their industries. Clause C of this Article restricts this practice, helping to prevent the mission of regulating industry in the interests of the American public from being undermined by those whose primary interest is limited to the profit of their own industry.
How Does This Constitution Prevent Federal Officials From Using Their Office to Enrich Themselves?
The ethical restrictions specified in Article VI address many of the common ways federal officials have at times used their office for personal gain. These ethics were referred to in the original Constitution, but additional specification in this new Constitution is intended to help prevent these practices from continuing.
Why Does This Constitution Bind Our Federal Government to Respecting Specified International Ethics?
The self-interest of our nation is not at odds with the promotion of a more peaceful, just, equal, free and sustainable world. Our federal government exists to serve all the interests of our citizens, not just our most selfish interests. By binding ourselves to global ethical principles we contribute to an international culture that supports the safety, security, freedom, integrity, and moral health of all people, including ourselves. When our government is free to violate international ethics, ignore universal human rights, initiate unjust wars, and degridate the world’s ecosystem we betray our own true interests as well as the worldwide community.
Are There Any Limitations to Free Speech?
This Constitution protects the rights of free speech, assembly and religious practice similarly to first amendment to the original Constitution. It adds some restrictions to these rights, however, when exercising these rights interferes or threatens to ability of others to enjoy the same rights.
What About the Right to Bear Arms?
There are different interpretations of the original second amendment and its establishment of a right the “bear arms” based on the necessity of “militias.” Citizen militias are no longer considered necessary for the security of a free state. Thus, this Constitution provides for the right to own firearms based on the right of self-defene. While this right is affirmed, it does not extend to owning weapons of mass murder or to individuals who may pose a threat to others.
How Are Some Rights Limited to Safeguard Relative Human Equality?
Free enterprise and the right to pursue personal prosperity are strong values in our society. The importance of ensuring each person has relatively equal opportunities for prosperity is likewise a strongly held value. Unfortunately, our current economic system has facilitated massive wealth inequities. This Constitution protects property rights and free enterprise rights in general. It limits those rights, however, to allow the government to redress wealth inequality and its detrimental effect on equal economic opportunity. Such action is necessary so that obscenely unequal distribution of wealth no longer threatens the possibility of egalitarian democracy itself.
How Are The Rights of Accused Affected?
This new Constitution leaves the current set of rights and legal guidelines largely the same as they currently exist (except for provisions that allow for the use of professional juries.
What New Rights Does This Constitution Establish?
Specific rights, not specified in the original Constitution, are articulated here for workers, employers, children and voters. Additionally the right of a basic standard of living is granted to those who are unable to provide it for themselves due to illness, age or disability.These and all other rights are also explicitly provided for all citizens of any demographic group, or personal identification (assigned or self-adopted).
What About Abortion?
The issue of abortion has polarized the nation for many years. The division stems from differing opinions on whether or when unborn children have a right to life and whether and when a pregnant mother has a right to make choices concerning her own body. The point at which an unborn child begins to have rights independent of the mother appears to be a matter of personal belief, rather than something that can be objectively defined. Until society as a whole reaches a clearer consensus on this question, a compromise position may be the bet way to balance the competing perspectives. This Constitution therefore grants pregnant women full rights regarding continuing or terminating their own pregnancy for the first 18 weeks of the pregnancy. It simultaneously grants unborn children the natural rights to a protected life after the first 18 weeks. All federal and state laws shall be consistent with this distinction.
What Changes Are Needed in the Rights and Relations of Individual States and Territories?
Most of the rights, privileges, and protections of states established in the original Constitution are retained in this new Constitution. There are, however, two important changes. The first is that this Constitution recognizes that true freedom necessitates that a state be granted the right to leave the nation if the people of that state so choose through a legitimate democratic process. The second change requires that any territory of the United States has the right to a process to become a full and equal state if the people of that territory so choose.
Why Should the Federal Government Have Powers to Ensure That All Citizens Enjoy Both Freedom and Equality in Economic Opportunity?
The freedom of our citizenry depends not only on safeguards that protect our rights from over-reach by government. Massively unequal accumulation of wealth in individuals and in corporations concentrate power in our society in ways that reduces both the freedoms and equality of opportunity for everyone else. The concentration of wealth must be restricted by government for the society to remain truly free and democratic. In Article IX, this new Constitution stipulates that the federal government has both the right and the obligation to redress the concentration of power in individuals, demographic groups, and large corporation
How Shall Future Revisions to This Constitution Be Made?
Article 10 stipulates how this Constitution can be amended. The process is simplified and no longer involves the legislatures of the various states. Instead, constitutional amendments require a 66% supermajority approval of both Congress and the Judicial Congress, followed by ratification vote of 60% of the voters in a federal election. These supermajority thresholds protect against frequent changes to the constitution before the nation has come to a consensus likely to endure.
Additionally, a constitutional convention shall be scheduled for every 100 years so that any need for major revision can be addressed.