We Need a New Constitution

The USA needs a new constitution. The old one served us reasonably well and I would preserve many parts of it, but certainly not all.

First, the preamble. It ought to pretty much cover the waterfront, except that we seem to have forgotten what "provide for the general welfare" is supposed to mean. Therefore I would specifically state in a new preamble that the US is adopting the Universal Declaration of Human Rights and will guarantee them to all within its borders.

Article I Section 4: Provides that Congress shall assemble at least once a year. Let's change this to require that they meet year round with federal holidays and 4 weeks paid vacation.

Article I Section 6: Says that the Senators and Representatives shall receive a compensation for their Services, to be ascertained by law. The problem here is that they make the law and therefore vote themselves increases as they please. I would amend this to state that the Senators and Representatives shall receive a compensation for their Services, to be fixed by public vote in the general election every 4 years. We are their boss. Does your boss let you decide your own salary? I bet not.

Here's a provision we need to return to rather than continuously extend: Article I Section 8 gives Congress the power 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." Note here, it says to the authors and inventors themselves, not to big corporations that buy up these copyrights and patents and then hold on to them for many years after the author or inventor is dead. Let's bring copyright and patent law back into compliance with this provision and reward the actual creator of the work, rather than companies that had nothing to do with it.

The same section gives Congress the power to raise and support armies, but no Appropriation of Money to that Use shall be for a longer term than two years. I haven't gotten to the amendments yet but if that's not superceded, why aren't we following it?

Article I Section 9 states that "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." Here I would end the sentence after the word "suspended." This would make indefinite, secret detentions of American citizens on American soil unquestionably unconstitutional without any "public safety" exception: a slippery slope indeed!

I would do away with the electoral college and allow the President of the United States to be elected by a majority or plurality of the popular vote. (Article II Section 1).

Article III Section 3 defines treason as consisting only in levying war against them (the United States) or in adhering to their enemies, giving them aid and comfort. This appears to encompass only external treason. Perhaps acting in such a way as to undermine the USA's "mission statement" inclusive of the Universal Declaration of Human Rights should be considered treasonous as well.

Given that it has become obvious that the Supreme Court has become political in nature, the justices should be restricted to a one-time term (possibly 8 or 10 years). Right now Article III allows them to hold their offices during "good behavior." There is no explicit mechanism for removal of a justice by impeachment and this should be added.

Article IV, Section 3 provides for creation of new states, but there are no sanctions on a state that goes rogue and refuses to follow federal law and/or the Federal Constitution. I propose an additional paragraph in Article IV providing that in cases where a state's governing bodies willfully refuse to follow applicable federal law and/or the US Constitution, with the agreement of 2 of the 3 branches of federal government, that state's elected officials shall be removed from office and ineligible to run for future office, whereupon a special election for those offices will be held. If we are indeed a Union then State officials must obey federal law; they cannot simply choose to ignore it. Article VI confirms that federal law is the supreme law of the land.

Article VI states that no religious test shall ever be required as a qualification to any office or public trust under the United States. A word to the Dominionists: this is NOT a Christian nation! If possible I'd like to further reinforce this statement in a new, updated constitution.

Amendments:

Keep the First Amendment intact.

Eliminate the Second Amendment. A well regulated militia today does not depend on individuals keeping and bearing arms. The arms would be supplied by the military. Laws regulating the right to keep and bear arms are already in effect and should be strengthened. America does not need to lead the world in murders by gun.

Similarly, the Third Amendment is outmoded and can be eliminated. Replace these two with a 2nd Amendment reading: Congress shall make no law abridging the right or ability of any citizen to vote in any federal, state, or municipal election or referendum. (Thanks to my friend Bertram Miller for suggesting this one).

Amend Amendment 4 to make it explicitly clear that a person's effects include their emails, text messages, IM's and social media postings, all of which should require a warrant before search and seizure.

Amend the due process clause in Amendment 5 to read, "nor be deprived of life, liberty, or property, without JUDICIAL due process of law." Also make it clear that the clause allowing the government to take private property for public use may not be used to transfer private property to a different private individual or company.

Amendment VI: no change.

Amendment VII: Given today's prices, perhaps the threshold for requiring a jury trial should be raised! This has probably occurred by decision anyhow but why not make it explicit.

Amendment VIII: no change.

Amendments IX and X: rights retained by the people and the states: I'm not sure what we could do to head off the resurgence of "states rights" movements. Generally they seek to re-impose discriminatory laws on their people. Suggestions welcome.

Skipping to the 13th Amendment, keep this amendment in place since involuntary servitude continues to exist de facto within the US.

The 14th Amendment should be sufficient to enforce marriage equality for all US citizens but since it hasn't done so I favor an explicit amendment guaranteeing the right of all citizens to marry the consenting adult of their choice.

Section 3 of the 14th Amendment might provide an avenue for ridding ourselves of Congress members who have engaged in rebellion against the US, since this isn't specifically defined.

Section 4 says that the US debt, authorized by law... shall not be questioned. If we have incurred greater debt then we have to raise the debt ceiling. Refusal to do so might be reasonably considered rebellion against the United States Constitution which Congress members swear to uphold.

Amendment 15: leave it in place even though Amendment 2 should cover this and all other attempts to disenfranchise the population.

Amendment 16: Maybe we should specify that there will be a progressive income tax. Other suggestions are welcome.

Amendment 17: No change.

Amendments 18 and 21 cancel each other out. Let's have an 18th Amendment legalizing the medical and recreational use of marijuana, allowing for similar restrictions on its use while driving, etc., as are imposed on alcoholic beverages.

Amendment 19: Again, the 2nd Amendment should eliminate the need for this but I would keep it on the books.

Amendment 20: leave as written

Amendment 22; leave as written

Amendment 23: leave as written

Amendment 24 prohibits poll taxes. While Amendment 2 should cover this issue I think it should remain in place and explicitly state that fees for identification documents recognized at the polls are also to be considered a poll tax and therefore identification documents that can only be obtained by paying a fee and waiting longer than 14 days must be prohibited.

Amendment 25: No change.

Amendment 26: No change (right to vote for 18 year olds).

Amendment 27 won't be necessary once the right to vote on Congressional salaries is taken away from Congress and given to the people.

New Amendments (note, for the most part I have followed the existing numeration but if we eliminate the old Amendments 2 and 3 the numbering will change accordingly:

Amendment 28: The Equal Rights Amendment: Section 1. Equality of Rights under the law shall not be denied or abridged by the United States or any state on account of sex.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

I would eliminate Section 3. This amendment shall take effect two years after the date of ratification, and replace it with, This amendment shall take effect immediately upon ratification.

Amendment 29: Section 1. Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sexual orientation and/or gender identity.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3. This amendment shall take effect immediately upon ratification.

Amendment 30: The right of all US citizens and residents to marry the consenting adult of their choice shall not be abridged by reason of sexual orientation and/or gender identity. No person legitimately married to a citizen of the United States shall be deported due to lack of legal residency documentation, and all persons legitimately married to a citizen of the United States shall be eligible to become US citizens upon fulfilling the standard requirements for naturalization as provided by law.

Amendment 31: Section 1 [A corporation is not a person and can be regulated]

The rights protected by the Constitution of the United States are the rights of natural persons only.

Artificial entities, such as corporations, limited liability companies, and other entities, established by the laws of any State, the United States, or any foreign state shall have no rights under this Constitution and are subject to regulation by the People, through Federal, State, or local law.

The privileges of artificial entities shall be determined by the People, through Federal, State, or local law, and shall not be construed to be inherent or inalienable.

Section 2 [Money is not speech and can be regulated]

Federal, State and local government shall regulate, limit, or prohibit contributions and expenditures, including a candidate’s own contributions and expenditures, for the purpose of influencing in any way the election of any candidate for public office or any ballot measure.

Federal, State and local government shall require that any permissible contributions and expenditures be publicly disclosed.

The judiciary shall not construe the spending of money to influence elections to be speech under the First Amendment.

Section 3

Nothing contained in this amendment shall be construed to abridge the freedom of the press.