Your chance to change the Constitution

In My Humble Opinion
1

You are allowed to make any 3 amendments to the U.S. Constitution you want (besides make Saint Cad the Supreme Grand Emperor of the United States). What would they be? Here are my three:

The ICC Amendment
This would rewrite the Interstate Commerce Clause to apply only to specific transactions that cross state lines and only issues that relate to crossing state lines (tariffs, import prohibitions, taxes, etc.).

The Budget Reorganization Amendment
Eliminates deficit spending except in times of war. Also would make illegal unfunded/underfunded mandates to states (like NCLB) and local governments and would prevent the federal government from legislating via blackmail (either pass the state laws we want or no more money for you).

Term Limits
Representatives are allowed 8 consecutive years in office. After this they must wait an entire two year elecion cycle to run again. Senators are the same except they get 12 years and must wait until the next seat for their state comes up for election.

2

Noncoercion Amendment

Government shall guarantee every citizen freedom from initial force and deception. This amendment shall supercede and shall render null and void every previous law of the land.

The Kurt Godel Amendment

No amendment shall be made to the Consitution after the next one.

Dissolution of Congress Amendment

Congress shall be disolved upon passage of this amendment, and no further amendments or laws shall be made.

3

I would clarify and strengthen the following:

I would make the nonestablishment clause more clear and more airtight. Along with “congress shall make no…” I would add that there would be a direct “filter down” path to state and municipalities. This would include resolutions and bills like we saw in whatever that southern state was. Incorporation would be plainly stated.

I would clarify the “right to bear arms”, to do away with the idea that only militias as we now think of them can own firearms - it would be clearly and plainly worded that anyone can (provided they are not convicted felons).

I would clarify and strengthen the section that talks about due process, oaths, affirmations and warrants. I would change it to add words that this would not ever be suspended or abridged for any reason, including “war on whatever”. It would be expanded to include citizens and noncitizens. It ould be so worded that “future technologies” are included by default. In short, no more fishing expeditiions, “data mining”, etc. You want to snoop? Then get a warrant.

I would expand the right to own and KEEP property, in direct opposition to what I still view as a perversion of the eminent domain law - it is not the government’s job to seize private property for anything other than public works - this would not prevent some 2 bit functionary seizing your home for the Burger King or Chucky Cheese that paid him off to “supply” cheap land for their business ventures.

4

Try to move from the eighteenth to the 21st Century:

Modern Basic Rights of Citizens Amendment

Incorporate the UNDHR Article 22-26 to clarify the rights of the individual versus the Federal and State Governments.

Article 22
**Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. **

Article 23
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4)** Everyone has the right to form and to join trade unions for the protection of his interests.**

Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25
(1) **Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. **
(2) Motherhood and childhood are entitled to special care and assistance All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26
(1) **Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages Elementary education shall be compulsory Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. **
(2) **Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. **
(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Incorporate Article 5 from the ECHR and add on a ban on CP

The No More Guantanamos or State Killings Amendment

Capital Punishment shall be seen as cruel and unusual punishment

ARTICLE 6
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. **
Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and the facilities for the preparation of his defence**;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Incorporate Article * from ECHR

The Underscore Roe vs. Wade Amendment

ARTICLE 8
**Everyone has the right to respect for his private and family life, his home and his correspondence. ** There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Then the USA can hold its head high as it joins the civilized nations of the world. :slight_smile:

No chance of that happening :smiley:

5

That was meant to be "this WOULD prevent … "

6

Written constitutions limit democracy unnecessarily, IMO. If a nation or federation is to have one at all, it should be re-ratified every 20 years or so (and certainly every century) to avoid becoming obsolete.

7

Err - are you advocating complete Hobbsean anarchy? If so, I wouldn’t have expected it of you, but you’re entitled to your views, and I’d be interested to hear you expound them further. If not, I think that may need a little re-drafting. :slight_smile:

I don’t feel as though I’m competent to engage in any serious discussion of specifically American politics, but I think that the USA would be better served if there was some way of returning supreme legislative authority from the Supreme Court to Congress.

8

Equal Rights and Reproductive Freedom Amendment: The rights of all persons in the United States shall not be abridged by any governmental or non-governmental entity with regard to race, color, religion, national origin, gender, age, physical characteristics, or sexual preference. The rights of all women to terminate their pregnancies in the first trimester of gestation shall not be abridged. Abortions in the second trimester of gestation may be limited or prohibited at the discretion of the individual States. Third trimester pregnancies may only be performed if continuing the pregnancy would pose unreasonable risk to the health of the mother.

Voting Rights Amendment: All citizens of at least 18 years of age, except those incarcerated for conviction of felonies, shall have the right to vote in all federal, state, and local elections. All voting shall be done by placing indelible marks by hand on paper ballots. These ballots shall be hand counted in public in each precinct with at least ten citizens present and participating. All cast ballots shall be preserved in perpetuity.

Gun Rights Amendment: All persons except those convicted of felonies shall have the right to posess firearms for the purposes of hunting and personal protection. However, in the interest of public safety, the States may restrict the specific types of weapons that may be owned.

9

The Consensus amendment:
A simple majority for the purposes of voting shall consist of 3/5 of the members of the chamber[1] which is voting. A super majority for the purposes of voting shall consist of 2/3 of the members of the chamber which is voting.

(Reason: I would hope it would make the congress a little more deliberative, and make both sides of the aisle more willing to work together.)
The Equal and Fair Representation Amendment.
There shall be one (1) member of the House of Representatives for every two hundred thousand (200,000) citizens as counted by the previous census as counted using modern techniques. For states that cannot evenly divide their population of citizens evenly by two hundred thousand (200,000), the number of representatives shall be increased by one. A congressional district shall have no more then two hundred ten thousand (210,000) citizens per representative as of the previous census. All congressional districts in a state must have a citizen population within five percent (5%) of each other per representative and must be mapped using reasonable geographic features.

(Reason: I think it’s silly that as the population of the US has increased that the number of representatives has not increased. My hope is that it would also dilute individual Representatives’ power which would lead to less party loyalty. The second part would allow a state to assign two or more Representatives to a district which would better accommodate larger cities; it would also eliminate racial and partisan gerrymandering.)
The Equal Access to Office Amendment.
An incumbent to a Federal Office cannot spend more than his or her least well financed competitor.

(Reason: Incumbents already have an incredible advantage over challengers, and maybe they’d spend less time fundraising, and more time doing their fucking jobs.)

[1] This would apply to the House, Senate, committees, and sub-committees.

10

The Eminent Domain Limitation Amendment: No property that is seized under the doctrine of eminent domain shall be handed over to any private individual or group of individuals other than to the owner immediately prior to seizure or to that owner’s heirs.

The Eminem Domain Limitation Amendment: Marshall Mathers shall now shut up.

11

This would eliminate the two years wasted at the end of a first term when a president runs for reelection. It gives a six year term to complete meaningful programs. It allows the voters to reelect a president they really, really, like.

12

How about a risk taker’s poison pill- A president may run for a second term but shall require a super-majority of 60-40% to win. :slight_smile:

13

cmkeller:

:smiley: :smiley: :smiley:

14

Proportional Representation: Each state shall elect Representatives on a statewide basis. (That is, if there are fourteen Representatives from a state, the state holds an election, and the top fourteen vote-getters are elected).

Popular elections: the President shall be elected by a national popular election. The Electoral College shall be eliminated.

More Amendments: Left Hand of Dorkness may add more amendments to the Constitution whenever he wishes.

Daniel

15

So what happens if he only gets 59%? It would suck to be the second choice; sort of an anti-mandate.

16

1/ Note smiley

2/ Everyone accepted a minority President in 2000. :slight_smile:

17

Hear, hear.

I wouldn’t keep paper forever–think of the storage problems and the silverfish! eek. I think that some felons should have the right to vote reinstated after a certain time period. I am not against computer based ballots-but I want a paper receipt also.

Amen!

Plus, I would add the word, “women” to the “all men are created equal” (or change it to persons). I would also add to the Bill of Rights, the right to basic health care, the right to clean water, air and basic shelter, the right to not only freedom of religion, but freedom from religion.

I also favor eliminating the Electoral College-or at least amending it in some way.

18

The Sunset Amendment: All laws shall include an expiration date not more than twenty years from the date of enactment. All laws currently on the books shall expire twenty years from the ratification of this amendment.

The Term Limit Amendment: No person shall be elected to federal office who has already held federal office for eight years, unless that person has not held any federal office during the past two years.

The Budget Discipline Amendment: Any new taxes or increase in existing taxes, or any borrowing, must be passed by 60% supermajority.

19

Clarification: Yes, this applies to reinstatement of a tax that had expired under the Sunset Amendment.

20

How about any decreases in taxes? The most gutless and shortsighted decision that Congress can make is in cutting taxes irresponsibly. That’s where they need restraint, not in raising taxes.