# How should the US Constitution be amended? **URL:** \ **Category:** Politics & Elections\ **Created:** [May 25, 2020, 12:11am UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408 "2020-05-25T00:11:10Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [May 25, 2020, 5:12am UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/21 "2020-05-25T05:12:28Z")
Seriously, though, the amendment I’d write would look something like this; “No company or profitable enterprise shall exist in the United States, that does not distribute its revenues, profits, and other gains directly to wages and other emoluments provided to its laborers; nor shall any company or profitable enterprise be owned, in whole or in part, by any person not providing their labor thereunto; nor shall excessive wages and other emoluments be provided to directors or senior executives of such entities relative to other laborers.” ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [May 25, 2020, 6:10am UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/22 "2020-05-25T06:10:58Z")
A general voting rights amendment that says every adult citizen shall have a presumed right to vote and they cannot lose their right to vote until the completion of a due process hearing. In other words, no more voter purges right before an election. The same amendment would restore democracy to our presidential election by abolishing the Electoral College. While we’re at it, throw in a part that overrides the Buckley decision and makes it clear that money is not a protected form of speech. And a part that requires all voting methods have to meet a standard of transparency and bipartisan monitoring. ---
**Author:** ![MrDibble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mrdibble/32/114_2.png) [@MrDibble](https://boards.straightdope.com/u/MrDibble)\ **Post date:** [May 25, 2020, 7:11am UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/23 "2020-05-25T07:11:07Z")
> [@Toxgoddess](#): > > Abolish the Electoral College. The President and Vice President should be chosen by direct vote. This. Scrap the relevant parts of Article 2 and replace with this. Also, make election days mandated paid holidays. Not just federal, either, but for everyone. ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [May 25, 2020, 7:11am UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/24 "2020-05-25T07:11:08Z")
> [@Little\_Nemo](#): > > While we’re at it, throw in a part that overrides the Buckley decision and makes it clear that money is not a protected form of speech. You’re going to have to explain that in a way that doesn’t, for example, permit the government to censor the ACLU because they spend money to get their message out and “money is not a protected form of speech”. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [May 25, 2020, 7:40am UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/25 "2020-05-25T07:40:12Z")
> [@Smapti](#): > > You’re going to have to explain that in a way that doesn’t, for example, permit the government to censor the ACLU because they spend money to get their message out and “money is not a protected form of speech”. Actual speech would still be protected by the first amendment. If the government decides to just ignore the Bill of Rights and begin censoring messages it doesn’t agree with, then I guess it can do so right now. But the issue I’m talking about is money and the pretense that it’s a form of speech. I have no problem with the government regulating campaign donations. If I hand a politician a five thousand dollar donation, I’m bribing him not communicating an idea to him. I’ll grant that there could be issues with laws targeting one set of donors and not another. (To use your example, we might see laws preventing the ACLU from donating money but not restricting the NRA.) But again, that’s a problem we face now. I think withdrawing protection from campaign contributions would at least be a step towards leveling the playing field. ---
**Author:** ![septimus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/septimus/32/410_2.png) [@septimus](https://boards.straightdope.com/u/septimus)\ **Post date:** [May 25, 2020, 7:58am UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/26 "2020-05-25T07:58:58Z")
Skimming this list just serves as a reminder that America’s huge problems have very little to do with its Constitution or Amendments. Tellingly, the first suggestion other than OP’s was to strengthen the Second Amendment. Why not emphasize this, the number-one American value, by passing 28th, 29th, 30th, 31st, 32nd, and 33rd Amendments, all different wordings of the right to shoot Gunzz? > [@](#): > > The membership of the House of Representatives shall be determined by a nationwide vote of the people casting votes for political parties, with each party receiving seats based on the number of votes received; the Congress shall decide how to distribute the seats among the States, and each State shall decide who its Representatives will be, in line with the results of the vote (this should get rid of gerrymandering). > … > In states where members of the House of Representatives are elected by district, each state shall assign an independent commission to draw said districts. > . You might want to work on the details of this. “The Sovereign State of Alabamy being ordered to send two Democrats to Congress, hereby sends Billy-Joe Reddnekk and Sallie Mae Nig-Rahaighter to be its ‘Democratic’ Congresscritters. We also appoint them to any ‘independent commissions’ them feds impose on us.” > [@](#): > > The burning or other desecration of the flag of the United States is not protected under the 1st Amendment. There’s no word limit on Amendments. Shouldn’t this one also make it illegal for Potus not to wear a flag pin in his lapel? ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [May 25, 2020, 8:26am UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/27 "2020-05-25T08:26:55Z")
> [@MrDibble](#): > > Also, make election days mandated paid holidays. Not just federal, either, but for everyone. The Constitution makes no mention of holidays - paid, mandated, or otherwise - so this would involve defining a “holiday” and what the Constitution’s or Congress’ establishment of one requires of the states. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 25, 2020, 11:47am UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/28 "2020-05-25T11:47:05Z")
I would support a “neutron bomb” amendment to the Constitution that retains the Electoral College for vote allocation purposes, but eliminates the individual electors. No more faithless electors. So the state of Wyoming, by whatever method the legislature directs, transmits the mathematical number 3. So, for example, if Wyoming enacts a winner take all popular vote and Trump wins, Trump gets 3 EVs. ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [May 25, 2020, 12:09pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/29 "2020-05-25T12:09:51Z")
My own bugaboo is something like: “Congressional districts shall be allocated to the states based upon the number of Citizens resident in that State.” Currently, state allocation of districts includes all residents, [citizens or no](https://www.census.gov/prod/cen2010/briefs/c2010br-08.pdf). Maybe I’m naive but I still think that if voting is restricted to citizens than apportionment should be as well. It’s always bothered me a bit that some districts have a much lower proportion of voting citizens than others simply because they’re more international in flavor. For example, Florida gets 27 congressional districts even though [9% of it’s population](https://www.kff.org/other/state-indicator/distribution-by-citizenship-status/?currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D) is not citizens of the US. Adjust for that and it should have 25 (24.57). Texas has 36 CD while being 10% non-citizens. Texas is overrepresented in congress - and the electoral college - by 3.6. I get the reasoning behind allocating by resident. I do. But it’s an inefficiency that bugs me. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 25, 2020, 12:28pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/30 "2020-05-25T12:28:23Z")
> [@Jonathan\_Chance](#): > > My own bugaboo is something like: > > “Congressional districts shall be allocated to the states based upon the number of Citizens resident in that State.” > > Currently, state allocation of districts includes all residents, [citizens or no](https://www.census.gov/prod/cen2010/briefs/c2010br-08.pdf). Maybe I’m naive but I still think that if voting is restricted to citizens than apportionment should be as well. It’s always bothered me a bit that some districts have a much lower proportion of voting citizens than others simply because they’re more international in flavor. > > For example, Florida gets 27 congressional districts even though [9% of it’s population](https://www.kff.org/other/state-indicator/distribution-by-citizenship-status/?currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D) is not citizens of the US. Adjust for that and it should have 25 (24.57). > Texas has 36 CD while being 10% non-citizens. Texas is overrepresented in congress - and the electoral college - by 3.6. > > I get the reasoning behind allocating by resident. I do. But it’s an inefficiency that bugs me. Should children or prisoners not count in the allocation as voting is denied to them? ---
**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\ **Post date:** [May 25, 2020, 1:27pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/31 "2020-05-25T13:27:41Z")
We should copy the constitutions of other countries that have more successfully managed democratic outcomes than we have. I would not be sad to see the institution of the presidency just disappear and instead move to a parliamentary government with the speaker of the house effectively being the prime minister of government. I would also outlaw gerrymandering and make districting more standardized. I’m sure I could think of more but this is a good start. ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [May 25, 2020, 1:44pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/32 "2020-05-25T13:44:16Z")
> [@Smapti](#): > > For that matter, I’m pretty sure the only presidents who would’ve qualified since 1900 under that criteria are McKinley, Truman, LBJ, and Clinton. > > It would’ve also disqualified Hillary Clinton and Al Gore, but at least Walter Mondale would still have been in it. I think the principal is sound. Maybe make it 5 years, maybe add in state legislature or mayoral service. I just want to avoid another disaster like the current one where someone’s first electoral job is president. ---
**Author:** ![MrDibble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mrdibble/32/114_2.png) [@MrDibble](https://boards.straightdope.com/u/MrDibble)\ **Post date:** [May 25, 2020, 1:54pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/33 "2020-05-25T13:54:58Z")
> [@Smapti](#): > > The Constitution makes no mention of holidays - paid, mandated, or otherwise - so this would involve defining a “holiday” and what the Constitution’s or Congress’ establishment of one requires of the states. Sure, yeah. Are you saying that’s not possible? ---
**Author:** ![Aspidistra](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspidistra/32/3894_2.png) [@Aspidistra](https://boards.straightdope.com/u/Aspidistra)\ **Post date:** [May 25, 2020, 2:13pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/34 "2020-05-25T14:13:46Z")
> [@RickJay](#): > > Why limit who people are allowed to choose as President? > > If you want to just eliminate Donald Trump, well, the popular vote amendment does that. 46.1% of the voters were deluded enough to vote for Trump - if that was my country I wouldn’t want to bet the farm on whether someone slightly less dysfunctional couldn’t scrape together another 3.9%. The US system already excludes who you’re allowed to vote for - no under-45s (I believe Pitt the younger was a pretty good British PM …), no-one who wasn’t a citizen when they were born (there’d probably be a President Schwarzenegger right now, and I do believe that would be an improvement ) and no one the country likes enough to have already chosen twice. An experience clause makes at least as much sense as those (and way more than at least one of them) ---
**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\ **Post date:** [May 25, 2020, 2:41pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/35 "2020-05-25T14:41:48Z")
> [@Aspidistra](#): > > 46.1% of the voters were deluded enough to vote for Trump - if that was my country I wouldn’t want to bet the farm on whether someone slightly less dysfunctional couldn’t scrape together another 3.9%. This isn’t a problem with the Constitution, though. The great, great majority of proposed changes so far are really terrible ideas for essentially the same reason; they’re an attempt to put current issues, personal opinions and things that should be statutes into a Constitution. Trying to manage things on a really detailed level is a terrible idea in a Constitution. Consider: > [@MrDibble](#): > > Also, make election days mandated paid holidays. Not just federal, either, but for everyone. I get why people would want this, but it’s not possible. There is no such thing as a universal holiday. Cops, firefighters, soldiers, people who work in hospitals, people who work at 24/7 factories, and a thousand jobs more all have to work holidays. You have to keep the lights on. A Constitutional amendment calling for a universal “mandated paid holiday” in a country where that term is not defined because it isn’t a thing that exists is just moving the argument somewhere else and asking a hundred country to have a hundred arguments over what it means. ---
**Author:** ![Paul\_in\_Qatar](https://avatars.discourse-cdn.com/v4/letter/p/ccd318/32.png) [@Paul\_in\_Qatar](https://boards.straightdope.com/u/Paul_in_Qatar)\ **Post date:** [May 25, 2020, 2:46pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/36 "2020-05-25T14:46:35Z")
I got lots of suggestions. The Senate shall consist of three senators from each state, one up for election every two years. The Representatives shall be elected by the citizens of the state voting at large. No districts. The number of representatives shall be apportioned based on the number of votes cast in the preceding election. Do away with the electoral college. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [May 25, 2020, 2:46pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/37 "2020-05-25T14:46:41Z")
> [@zamboniracer](#): > > With an eye towards polling this fine group about how the US Constitution should be amended, I hereby throw open the floor to real, honest, legitimate suggestions. I will cull the best ones, and/or the most popular ones as deemed by me, into a poll later. What do you Dopers say? How should the United States Constitution be amended? > > As for myself, I suggest the following amendments be made: > > 1. Amend the Second Amendment, specifying that individuals may own firearms as they deem reasonably necessary for self-defense and sport hunting, subject to reasonable registration and regulation by the state. > > 2. The President’s power to pardon shall be limited in that the President may not pardon himself, the vice-president or any member of his administration. > > 3. All Presidential nominees shall be voted on by the US Senate within 60 days of nomination. > > 4. The President and Vice-President are subject to all criminal laws at all levels of government, the same as every other person, and may be prosecuted during his or her term of office. > > Further suggestions and/or comments? A few issues: 1. How would that change anything from what the current interpretation of the Second Amendment is today? Wouldn’t you still have the Supreme Court determining whether carry permits or assault weapons bans are “reasonable”? 2. What is to stop the President from simply not prosecuting himself, the VP, or any cabinet member? He is the executive branch. 3. Maybe that helps in a Garland situation. Maybe. But a majority of the Senate can always force a vote. What is to stop continuous summary disapprovals when the presidency and the Senate are controlled by different parties? 4. So the President can be prosecuted by any state official? So if a low-level magistrate from Bumblefuck County, West Virginia issued an arrest warrant against Obama for treason (because he was a secret Muslim or trying to take away guns, whatever) are you suggesting that Obama would have to surrender to the county jail? Could he be held without bail? If he was granted bail, could a condition be that he not leave the state? ---
**Author:** ![MrDibble](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mrdibble/32/114_2.png) [@MrDibble](https://boards.straightdope.com/u/MrDibble)\ **Post date:** [May 25, 2020, 2:55pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/38 "2020-05-25T14:55:33Z")
> [@RickJay](#): > > I get why people would want this, but it’s not possible. S’funny, election days are public holidays in lots of other places. > [@](#): > > There is no such thing as a universal holiday. Cops, firefighters, soldiers, people who work in hospitals, people who work at 24/7 factories, and a thousand jobs more all have to work holidays. And all those exceptions (which exist in other countries too) can be serviced by early/mail voting. Except that last one. That’s not a “have to” situation. Shut the factory down for the day, or if it’s a “can’t stop or we lose months restarting the furnaces” situation, operate it with skeleton staff who get holiday pay and an early voting leave day before then. ---
**Author:** ![Red\_Wiggler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/red_wiggler/32/13190_2.png) [@Red\_Wiggler](https://boards.straightdope.com/u/Red_Wiggler)\ **Post date:** [May 25, 2020, 3:14pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/39 "2020-05-25T15:14:30Z")
Some good ones mentioned so far. Mine: 1. Eliminate the office of POTUS. Elect a Head of State with limited powers to serve a single 10 year term. 2. Enact the Wyoming Rule to determine the size of the House and use the Fair Representation Act to elect representatives from multi-member districts. 3. Limit Supreme Court judges to 18 year terms, with a seat coming up for new appointment every two years. 4. Eliminate the Second Amendment. Make this a regulatory issue decided by the people’s representatives. 5. Require all legislation to have sundown provisions of 10 years or so. 6. Enact mechanics for holding a new constitutional convention every ensuing 19 years. ---
**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\ **Post date:** [May 25, 2020, 3:40pm UTC](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408/40 "2020-05-25T15:40:05Z")
> [@Aspidistra](#): > > The US system already excludes who you’re allowed to vote for - no under-45s 35s. (We’ve already had a couple of under-45s.) [Previous page](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408.md?page=1) [Next page](https://boards.straightdope.com/t/how-should-the-us-constitution-be-amended/854408.md?page=3)