A
Proposed New Constitution – Fifteen Articles
Article
1- Continuing and Expanding the Original Constitution and its
Amendments
1.All articles and
amendments from the previous Constitution of 1787 remain the final
law of the land, except as changed by the following articles or later
amendments. 2. This and all future constitutional conventions must be
representative of the US public, by gender, race and ethnicity, and
religious faith or lack of. Its members must be respected
intellectuals drawn from education, religious institutions, civil
rights groups, non-governmental organizations, labor, business,
military veteran groups, consumer groups, and scientists. No current
or former elected officials or appointed cabinet members or
presidential or congressional advisors or staff are allowed. All
constitution conventions must be in full view of the public, every
word said by every delegate at the convention scrupulously recorded.
3.Each of these following articles must be voted on and approved
separately by two thirds or more of those voting to become the law of
the land.
Article
2- Insuring Greater Democracy
1.The Electoral
College is abolished. The President shall be directly elected, with
the winner being the candidate receiving the most votes. 2.The
Supreme Court shall never, by any decision including indirectly,
decide who shall be President. 3.The Vice President shall be
nominated separately by each party and elected separately from the
President, and also serves as the Secretary of State. 4.The Senate
shall be 100 adult citizens chosen at random each year,
representative of the adult American public by age, gender, race and
ethnicity, religion or lack of, and income or social class.
5.Redistricting shall only be decided by nonpartisan committee, and
gerrymandering to favor one party or dilute minority voting power is
forbidden. 6.Congressional representatives' terms are changed to four
years, elected in the same elections as the President.
Article
3-Guaranteeing the Right to Vote
1.The right to vote
for all citizens of legal adult age is absolute and cannot be denied,
limited, barred, blocked, or suppressed, whether by deliberate
attempts or unintended outcomes. All current such attempts are ended.
Any law with the outcome, even unintended. of making voting more
difficult shall be immediately void. 2.Any official who deliberately
or unintentionally makes voting more difficult shall be immediately
removed and their decisions voided and actions reversed. Deliberately
blocking others from voting or blocking voting recounts shall always
be prosecuted and punished as a felony. 3.Voting days shall be
national holidays, with a paid day off for workers only with proof of
voting. 4.The voting age is lowered to sixteen for any US citizen
proving their maturity by holding a job or living on their own.
Article
4-Ending the Buying of Elections
1.All elections
shall be publicly funded only. Private contributions or donations to
or on behalf of a candidate or party, except for unpaid volunteer
work, are outlawed. Corporate donations of any kind are forbidden,
and business and corporate owners and management are forbidden from
intimidating, pressuring, or influencing in any way their employees,
punishable by long prison sentences. 2.Campaigning and advertising
for all general elections are limited to the period of six weeks
before election day. Campaigning and advertising for all primary
elections are limited to the six weeks before the general election
period. 3.No election, whether federal, state, county, city, special
district, American Indian tribe, or of unions, civic groups, lobbying
groups, or private clubs, is valid unless more than half of its
citizens or members vote. If less than half of the citizens or
members vote, there must be immediate new elections within 30 days
with different candidates.
Article
5-Voting Guarantees Benefits
1.All eligible
voters must vote. Failure to vote results in inability to receive all
government benefits until the next election, including licenses,
grants, subsidies, tax refunds, eligibility for public assistance,
student or business loans or credit. 2.Those with strong and
longstanding religious, philosophical, or political beliefs against
voting are not required to vote if they declare said beliefs.
Article
6- Limiting Corporate Power
1.All rights in this
and the previous constitution, as well as under all American laws,
are limited to human beings only. A person under US law is defined as
a living human being only. Corporation rights and powers may be
severely limited by any and all governments, whether federal, state,
city, country, special district, or American Indian tribe. 2.A
corporation must serve the public interest and its life span shall be
limited. Any corporation shall be permanently dissolved if they break
the law more than five times. No business, corporation, or individual
can escape fines, punishments, or legal judgments by declaring
bankruptcy, or by the use of holding companies, shell companies, or
any other diversion, evasion, or tactic. 3.The right to collective
bargaining by unions or other workers shall not be limited more than
other civic or lobbying groups, nor subject to government
recognition.
Article
7-Ending Colonialism
1.The United States
recognizes the great wrongs done by genocide against American
Indians, apologizes fully, and shall always strive to make amends.
All federally recognized American Indian tribes are forever
sovereign, defined by their treaty or other legal relationship to the
United States, with rights to decide their own government and laws,
and to enforce those laws on all residents and visitors within their
territory. 2.All American Indian tribes have permanent and absolute
rights to their current reservation lands, forever. All federal
lands, or lands reacquired by American Indian tribes, that are within
these tribes’ historically recognized boundaries, or protected by
treaty, will be part of their reservations. All sacred sites of
federally recognized American Indian tribes shall be returned
immediately, or protected by federal partnership if requested by
tribes. 3.Native Hawaiians are recognized as a tribe by the US
government and shall have a reservation with a sovereign government
with relations with the US government and rights equal to an American
Indian tribe. Nothing in this article shall be construed as denying
or abridging Native Hawaiians' right to pursue the return to being an
independent nation as they were before the illegal overthrow and
seizure of their nation. 4.US citizens and nationals of American
Samoa, Guam, Puerto Rico, the US Virgin Islands, and Washington DC
have full local self rule, and shall vote in federal elections and
have voting federal congressional districts.
Article
8-Renouncing War
1.The United States
shall not go to war except in self defense, and permanently renounces
wars or acts of military aggression. 2.The United States, its
government, agencies, or agents shall never try to overthrow another
nation's government again unless directly attacked by said
government. 3.Unless under direct and immediate attack, the United
States shall not go to war, and the President cannot deploy troops
for combat without an official declaration of war by Congress. Unless
under direct and immediate attack, the declaration of war by Congress
must then be approved by a vote of the American public within 30
days. Failure to get approval by the American public overturns the
declaration of war. 4.The US President can deploy troops to rescue US
or other citizens and must prevent genocide, other large scale
atrocities, or humanitarian disasters. The President must report to
Congress on such action within 7 days and Congress must approve the
deployment of troops within 30 days. 4.The US government is forbidden
to go to war or use war as an opportunity to enrich in any way any
American businesses, corporations, or individuals. Family members of
government officials shall not be exempt from military draft, nor
sheltered in special units, or in any other way.
Article
9- Referendums and Recalls
1.Members of the
public may propose referendums to pass new laws, recalls to remove
for illegal or corrupt actions the President, Vice President, member
of Congress, Supreme Court Justice, or any appointed official, or
bring an end to wars or operations involving US troops. 2.A
referendum or recall begins 30 days after the certified collection of
valid signatures of ten percent of all voters.3. No referendum may
overturn, contradict, or limit anything in either constitution, and
such efforts must be done instead by constitutional amendment. Nor
shall referendums or recalls be funded by corporations or private
contributions, except for individual unpaid volunteer work.
Referendum advertising must be equally funded both pro and con, must
be publicly funded only, and subject to reasonable limits.
Article
10- Nonprofits for the Public Interest
1.National defense
industries, healthcare, prisons, education, and news media must be
nonprofit. No business, corporation, or individual can profit
unfairly from the federal government or public resources and must pay
fair market value for all current and previous resources, subsidies,
and research. 2.No journalist, commentator, or others presenting
themselves as experts in politics, history, law, society, health,
medicine, or science can make more than five times the median
national income, and any excess income must be donated to charity or
it will be seized by the federal government. 3.All journalists,
commentators, and others presenting themselves as experts for mass
news media will be fined every time they lie in their articles,
broadcasts, or public statements. No person or media outlet can
profit from lies or falsehoods and fine shall at least equal all
profit, money, or benefits made from lies or falsehoods. 4.The agency
in charge of judging lies and falsehoods by journalists,
commentators, or experts for the mass media must be entirely of
respected historians for matters of history and politics, respected
legal scholars for matters of law, and respected scientists or
doctors for matters of science, medicine, and health, and shall be
entirely nonpartisan, with no member affiliated with any party.
Article
11- Ending Institutional Support for Hatred
1.No government
body, law, or regulation will sanction or reward racism or ethnic
hatred, religious bigotry, sexism, or other hatreds based on
linguicism (hatred or discrimination based on language) or national
or regional origin. 2.Nor shall any government fail to provide
redress for longstanding discrimination based on the previous. 3.Any
person or institution taking part in or promoting discrimination or
hatred based on the previous results in that person or institution's
permanent inability to receive government jobs or benefits, including
licenses, grants, subsidies, retirement including pensions and Social
Security, tax refunds, eligibility for public assistance, student or
business loans or credit.
Article
12-Ending Class Bias in the Law
1.All crimes must be
punished. No president may pardon or give clemency to any in their
own administration, or the administration of other presidents of
their party, or to anyone who has given them campaign contributions.
All such previous pardons are overturned. The guilty shall never be
allowed to profit from their crimes. The guilty must pay back all
wealth from their crimes and pay for all damage done to others. 2.All
fees, fines, and taxes must be progressive, based on ability to pay.
Regressive taxes, where the wealthy pay a proportionately smaller
amount, are expressly forbidden and must be immediately made
progressive.
Article
13-No Special Treatment for Wealthy Elites
1.Government
assistance only goes to those in need and corporate welfare is
forbidden. No person or corporation, nor any trust or legal entity
used by a person or corporation, shall receive government assistance
or funding unless they make less than double the median national
income and possess less than double the median national wealth. 2.All
government loans or tax deferrals or holidays or other benefits to
corporations or business must be repaid, with interest at market
rates. All facilities built even partly to benefit or profit private
businesses or individuals must be paid for by those businesses or
individuals equal to the benefits or profits received.
Article
14-Limiting Idle Wealth
1.Large
concentrations of idle wealth are inherently dangerous and inhumane.
All income from any and all sources greater than 100 times the median
national income and all wealth of an individual greater than 100
times the median national wealth shall be seized, unless it is
reinvested or donated to charity. 2.All attempts to conceal wealth to
avoid taxes shall result in prosecution as grand larceny, full
seizure of not just concealed wealth but all their wealth, and long
prison sentences which may not be suspended. Separate white collar
prisons, or other prisons that are less arduous or harsh, are
forbidden, and all white collar criminals must be punished and
imprisoned with all other prisoners.
Article
15- The Right to Privacy
1.The right to
privacy, unless it can be shown to directly and obviously harm others
or affect national security, shall not be abridged in any way.
Private individuals shall not have their private lives divulged in
any form without their consent unless they commit felonies, or
failure to divulge such information can be shown to affect or harm
others in a direct and obvious way. 2.Libel, slander, or defamation
of public figures is subject to the same punishments and standards as
for private individuals. 3.Private information on public figures
cannot be divulged without their consent unless it can be shown to
serve the public interest.
Articles
and Amendments Not Proposed
Balanced Budget-This
would be disastrous in times of depression, recession, or war.
Equal Rights
Amendment- This is already covered by Article 11.
“Right to
Life”/Anti-Abortion Amendment- Most of the public supports keeping
abortion legal. Article 15 would guarantee that continues.
Flag Burning
Amendment- This contradicts the First Amendment.
Prayer in Public
Schools Amendment- This also contradicts the First Amendment.
English as the
Official Language- This is barred by Article 11, since it creates
institutional discrimination based on hatred of other language
speakers.
Term Limits- There
is no need. The average congressman serves only ten years.
Altering the Second
Amendment- The convention would spend its time on nothing else. Crime
rates, including firearm deaths, have been dropping for decades.
Your new constitution is itself biased, just not in a direction that bothers you. Perhaps you weren't aware of that...or maybe you were.
ReplyDeleteOf course it is biased. All documents and all people are biased. Any who claim they are not are lying, perhaps to themselves as well. Objectivity is usually a codeword for favoring the status quo.
DeleteThis proposed constitution has a bias against elite power. Of that I am quite open and proud. It is not elitist and anti democratic the way the original constitution openly is.
On article 9, Referendums and Recalls. I support this idea, but there is one problem I've noticed with referendum initiatives (and, for that matter, many decisions that get made in other democratic fora): They are very vulnerable to allowing bad decisions to be forced by the "Something must be done! This is something. Therefore, this must be done!" pseudologic.
ReplyDeleteThe problem is that a referendum is normally done, and proposed here, as a yes/no vote on a single proposition. I think it would be better to set up such things so that once one proposal is floated, others on the same issue also get a period of time to gather signatures, and all proposals that meet a threshold signature count get voted on together in an "instant-runoff" format. The ranking setup of an "instant-runoff" avoids the problem of vote-splitting between proposals broadly on the same "side", allowing the one people really like the best to prevail.
Second note. Just read your Counterpunch article on the Constitution issue. I was struck by this paragraph: "Imagine a modern parallel to what the founders did. Imagine the wealthiest elites writing a document only they had any say in, and only allowing themselves to vote on it, and then declaring it the highest law in the land. That is what the founders did, and this is precisely why the original constitution deserves no reverence."
ReplyDeleteI believe they're in the process of doing exactly that on a couple of different fronts. They call them "Free Trade Agreements".