CONSTITUTIONAL AMENDMENTS
The American Constitution was and is a brilliantly drafted document, designed to protect minority positions and encourage compromise. It was not by any means a majority-rules document. Today our political parties are ladened with “uncompromising” leaders who believe their majority positions are “mandates.” When Constitutional procedures stymie their regressive agendas, they seek ways to circumvent the Constitution, rather than seek compromise. In order to function during a catastrophe, moderate policies and people should govern our country. Frankly, our country would function more smoothly if we could seek moderation in all matters and all political appointments. The deliberate political attacks on our Constitution must be stopped and the best way to stop them is to amend the Constitution to make it more explicitly clear how we should operate as a nation.
Sometimes, it is not clear what the original meanings of the Constitution were meant to be. For example, when the founding fathers were alive, the life expectancy was about 35 in 1776. When Social Security was created, it was 65. In 2020, it was 77 and rising. There was never an intention that our nation should be governed by senile Presidents or judged by octogenarian judges. So that is a starting point, to replace lifers in government with some built-in turnover mechanism. Term limits for judges and Congress will be a good starting point.
Limit Representatives to six(6) terms and Senators to two(2) terms. Limit judges to the shorter of life or twelve years. Supreme Court justices are limited to one 18 year term, with one justice’s term expiring each non-election year. Effective immediately with the next election for both sitting occupants of office, to serve no more than twelve more years.
Define impeachment to be removal from office, to prevent Congressional vendettas against former office-holders. But bar those who are removed from office from ever serving again in any federal capacity. (Adam Clayton Powell).
Prohibit Gerrymandering. Let Congressional Districts be drawn to be square by objective criteria and drawn by the Census Bureau, with a tolerance of five (5) per cent between districts. Districts should be apportioned by voters defined as American citizens only. Where possible the largest possible geopolitical areas should be used within a state, such as counties. Other rules for apportionment should be without regard to identity, but may use the interstate highway systems or bodies of water. See the separate blog for more details.
Require electors in the Electoral College be determined by the winning party in each federal voting district, rather than by state. This is being done in Nebraska and Maine. See the separate blog for more details.
Cede the City of Washington back to Maryland and create nonresidential districts for federal government in Maryland and Nebraska known as Washington, E.D.C. and Lincoln, W.D.C.. The Congress is empowered to create a third District of Columbia whenever 2/3 of the states may authorize such an alternative, to be the alternative if either of the two Districts of Columbia are unable to be used as a functioning capital.
Reinforce sovereignty rules to prevent such things as sanctuary cities, judicially imposed liabilities on state and federal entities (the power of the purse should be in the legislature, not the judiciary). It should also be possible to revoke statehood when a state suffers a catastrophe. See the separate blog for more details.
Separate but equal protection for genders. See the separate blog for more details.
Balanced budgets so America will be able to draw on credit in a catastrophe. See the separate blog for more details.
Set the Supreme Court at nine justices to prevent “court-packing.” Create a separate Supreme Court (the Judicial 13th Circuit) seated in Lincoln, W.D.C., also consisting of nine justices, to oversee such issues as national security, terrorism, cases and controversies involving non-citizen disputes or disputes where one or more parties are non-citizens, immigration, the death penalty, and criminal justice. See the separate blog for more details.
Create a line-item veto. Require Congress to separate each bill instead of strong-arming minorities in Congress with omnibus packages or tying partisan provisions with critical must-pass legislation.
Preserve the filibuster. Curtail the use of executive orders.
Define Strategic Assets to include water as a federal concern. Make all such designated Strategic Assets subject to federal jurisdiction and subject to the Use tax for specified federal programs.
Create a Declaration of Catastrophe to invoke martial law and suspend civilian jurisdiction. This Declaration is not just for Congress and the President, but may be triggered automatically when Congress and the President no longer exist.
Empower the Post Office to have jurisdiction over e-mail. See the separate blog for more details.
Restore the family rights under an expansion of the Tenth Amendment in areas like free speech with civility and nonviolence, stand-your-ground rights, parental rights, personal gun rights, no federal interference with education, etc. See the separate blog for more details.
Congressional subpoenas should be formalized in such a way that our inept Congressional leadership can get the facts for legislative purposes only. There should be a blanket immunity granted to respond to such requests for any possibility of criminal jeopardy. Let Congress be patient and let the Judiciary handle any inquiries which might result in criminal jeopardy. Now as to impeachment-related subpoenas, it should be clear that immunity also applies. I know the prosecutor’s old trick is to threaten jeopardy and limited immunity to force testimony, but that approach to criminal prosecution is also morally wrong. It has no place in Congressional proceedings.
Congress cannot make any laws that apply to American citizens that don’t apply equally to themselves.
The rights protected by the Constitution are the rights of natural persons and do not extend to for-profit or nonprofit corporations, limited liability companies, or any other private entities or trusts, both under the laws of any state or any foreign state.
Allow 2/3 of states to amend the Constitution instead of 3/4. Make the states just as powerful as the two branches of Congress.
Other ideas.
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