A proposed new US Constitution featuring parliamentary government

[Jack Rabbit]

Second Constitution of the United States of America

Article I. The states, citizenship, census, and voting.

A. The States

• The United States of America shall consist of all states under the union. No state entering the union shall have the authority to dissolve the union.


• Each state shall be guaranteed a representative democratic form of government.


• The seat of the government of the United States known as the District of Columbia shall be in itself a state with the same rights and privileges as any other state.
  
• Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. Parliament may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.


• A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.


• New states may be admitted by Parliament into this Union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of Parliament.


• The United States shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

B. Citizenship

• Any person born in any state, born abroad of whose parents at least one is a citizen of the United States or who swears allegiance to the United States in a rite of naturalization shall be a citizen of the United States and of the state in which he resides.
• All such persons residing in a territory entering the union as a state shall be granted citizenship of the United States and of the state in which he resides.


• No person may be a citizen of more than one state at one time.


• No rights of citizenship or presumption of citizenship shall be granted to any private entity by the federal powers or any state. The federal administration and each state administration shall have the right to regulate any private entity chartered within its jurisdiction at it deems fit and necessary as provided by law.


• Each citizen shall enjoy equal rights with every other citizen under this Constitution. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several states.


• No officer of the United States or any state shall have the power to strip a citizen of his citizenship or his rights as a citizen, either entirely or partially. Nothing in this paragraph shall be interpreted to prohibit the federal government or any state government from incarcerating, fining or otherwise punishing an individual duly convicted in a court of law of a violation of acts passed by a legislative body.

C. Census

• The federal government shall undertake a census of the population every 12 years for the purpose of allocating representatives in Parliament.


• Each state shall apportion its allocated representatives in a manner it sees fit, but districts must be drawn such that no representative district shall deviate from the mean population of all the states districts by more than ten percent.

D. Voting

• Each citizen over the age of 18 years shall have the inalienable right to one vote and only one vote on each question in any and all elections in the United States and in the state of which he is a citizen.


• In contested elections for office involving three or more contestants, each voter shall be able to rank his first three preferences, with his first choices getting three points, his second two points and third one point; the candidate with the most tabulated points will be declared the winner.


• Voting shall be by secret ballot. No citizen shall be compelled by any government or private power to reveal how he cast his vote. No public or private power shall compel any citizen to vote in a particular manner.


• Polling places shall be open for a period of 24 hours, beginning at 0:00 GMT on Election Day. Election Day shall be a holiday in the jurisdiction where the election is held. Any private entity must ensure that its employees are given sufficient time to vote.


• Counting of ballots shall be done in view of the public following the closing of the polling places. No vote shall be counted except one leaving a permanent record at the level of an individual ballot.

E. Rights of individual citizens (Bill of Rights reiterated, elaborated and clarified)

1. Neither the United States nor any state shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


2. Each state shall have the power to establish and regulate militias for the purpose of defense and maintenance of civil order. The United States shall make no law infringing on this right.


3. No Soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.


4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The United States shall make no law authorizing searches or seizures without warrant or probable cause.


5. No person shall be held to answer an infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation and no property shall be taken by the United States or any state for the purpose of private development.


6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial judge, panel of judges or jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense and the right to consult his counsel in confidence.


7. In Suits at common law where the value in controversy shall exceed one hundred dollars, the right of trial by an impartial judge, panel of judges or jury shall be preserved, and no fact tried shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.


8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Neither the federal authority nor any state shall declare a convict's life forfeit for any crime. Neither the federal authority nor any state shall practice torture or other humiliating or degrading treatment of any person detained for any reason.


9. The right of individuals to form organizations to promote higher wages and salaries, fair hiring practices or better working conditions shall not be infringed by the United States, any state or any private entity chartered thereby.


10. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


11. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Article II. Parliament

A. General

• All legislative power in the United States shall rest in the Parliament of the United States.
  
• The Parliament of the United States shall consist of the House of Representatives and the Senate. One member of the Senate shall be designated as the President of the United States and one member of the House of Representatives shall be designated as the Prime Minister of the United States.


• The Senate shall choose from one of its members, with the advice and consent of the House of Representatives, a President of the United States. The President shall serve at the pleasure of the majority of the members of the Senate. The duties of the President shall be:
  • To appoint the Prime Minister from the ranks of the House of Representatives;
  • To accept the resignation of the Prime Minister;
  To convene and dissolve the House of Representatives;
  To call a general election for all seats in the House of Representatives upon the dissolution of that body.


• The President may be impeached by the House of Representatives for trason, bribery, dereliction of duty or other high crimes and misdemeanors.


• No person shall be a member of the House of Representatives and the Senate at one time, nor shall any person be a member of either house of Parliament while holding an office of trust in any state, nor hold a seat in any state or federal court and at the same time be a member of Parliament.

Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such Parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those Present, be entered on the journal.

Compensation for members of Parliament:

• The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.


• No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

B. House of Representatives.

1. The House of Representative shall consist of members elected by the citizens of the United States. Two-thirds of the members of the House of Representatives, rounded up, shall be elected from districts as described in Article I, while the remainder from each state shall be chosen from a list of candidates provided by political factions receiving over ten percent of the vote in each state in proportion to the number of votes received by that faction. A vacancy occurring in the House of Representatives shall be filled by a special by-election within 49 days of the seat becoming vacant.


2. Each state shall have at least two seats in the House of Representatives.


3. The House of Representatives shall be presided over by the Speaker, elected from its ranks at the recommendation of the Prime Minister, who shall rule on all questions of order. The Speaker shall not vote except in the event of a tie.


4. All legislation shall originate in the House of Representatives.
   • The House shall have no power to suspend the privilege of the writ of habeas corpus, unless when in cases of rebellion or invasion the public safety may require it and then only in places where federal courts are unable to conduct normal business;
   • No bill of attainder or ex post facto law shall be passed;
   • No tax or duty shall be laid on articles exported from any state.
   • No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another;
   • No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time;
   • No title of nobility shall be granted by the United States;
   • And no person holding any office of profit or trust under them, shall, without the consent of the Parliament, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince or foreign state.


5. The House of Representatives shall have the power:
   • To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
   • To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
   • To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
   • To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
   • To provide for the punishment of counterfeiting the securities and current coin of the United States;
   • To establish post offices and post roads;
   • 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; To constitute tribunals inferior to the Supreme Court;
   • To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
   • To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
   • To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
   • To provide and maintain a navy;
   • To make rules for the government and regulation of the land and naval Forces;
   • To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions;
   • To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Parliament;
   • To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof;
   • And to establish an independent board of directors for state sponsored media to assure news and information is given to the public with balanced opinion and adheres to accepted journalistic practices.


6. The House of Representatives shall sit from the time it is elected until dissolved by the President.


C. The Senate


1. The Senate of the United States shall consist of members elected by the citizens of each state in a election to be held within one year of the certification of the census. The number of senators from each state shall be half of its number of representatives, rounded up. In states with at least four senators, half of the number of senators, rounded up, shall be elected from districts and half shall be selected from a list of candidates provided by political factions receiving over ten percent of the vote in each state in proportion to the number of votes received by that faction; in states with fewer than four senators, election shall be by district only.


2. The Senate shall have the power to advise and consent to the appointments of federal judges and to ratify treaties.


3. Any bill passed by the House of Representatives not deemed a vote of confidence in the government shall be approved by a majority vote of the Senate. Should the Senate reject the bill, the House of Representatives may override the Senate’s veto with a two-thirds vote. If the Senate takes no action on a bill passed by the House of Representatives after fourteen days, the bill become law.




D. The Government.


1. The government of the United States shall consist of the Prime Minister and the cabinet. All executive power shall rest in the Prime Minister and the Cabinet.


2. The Prime Minister shall be a member of the House of Representatives. The Prime Minister may select his cabinet from the members of either the House of Representatives or the Senate, with the advice and consent of a majority of the members of the House of Representatives. Members of the Cabinet will serve at the pleasure of the Prime Minister, but the Prime Minister and any member of his Cabinet shall be subject to impeachment by a majority of the House of Representatives and removal of by a two-thirds vote of the Senate for treason, war crimes, crimes against humanity, bribery or other high crimes and misdemeanors.


3. In addition to the Prime Minister, the Cabinet shall consist at a minimum of the following officers:
   • Minister of Foreign Affairs.
   • Minister of Finance.
   • Minister of Defense.
   • Minister of Justice.
   
   Parliament shall designate other cabinet offices as it deems necessary.


4. The Prime Minister shall have power, with and with the Advice and Consent of the House of Representatives and the Senate, to make treaties; and he shall nominate, and with the advice and consent of the House of Representatives and the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the federal courts, and all other Officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. The House of Representatives may by law vest the appointment of such inferior officers, as they think proper, in the Prime Minister alone, in the courts of law, or in members of the cabinet.


5. The Prime Minister shall be the commander and chief of the armed forces. The cabinet shall be kept fully informed of troop movements and threats to national security and Parliament shall be kept appraised as necessary and prudent.


6. A vote of confidence in the government shall be:
   • Any government-sponsored bill designed to appropriate money from the treasury or concerning the maintenance of revenue;
   • Any other bill that the Prime Minister deems to be of significant importance; or
   A motion before the House of Representatives that calls for confidence in the Prime Minister and his cabinet.


7. When the government fails to receive a vote of confidence in a majority of the members of the House of Representatives, the President shall request and accept the resignation of the Prime Minister. The President will then decide whether to appoint another Prime Minister from the ranks of elected members of the House of Representatives or to dissolve the House of Representatives.


8. Within twenty-four hours of the certification of election results, the President shall ask a member of the House of Representatives to act as Prime Minister and appoint a new cabinet with the advice and consent of the entire House of Representatives.


9. Upon his appointment by the President, the Prime Minister shall have a period of two weeks to appoint a cabinet and obtain its approval by a majority of the House of Representatives. Should the Prime Minister fail to organize a government in the allotted time, the President may either select of new Prime Minister or dissolve Parliament. If, after 28 days, the House of Representatives has been unable to consent to a new government headed by a Prime Minister appointed by the President, the House shall convene of its own accord and by majority vote recommend a Prime Minister to the President; the President may either appoint the recommended candidate as Prime Minister or resign.


10. The President shall not dissolve the House of Representatives at any time other than:
    • The failure of the government to secure a vote of confidence from a majority of the members of the House of Representatives;
    • The request of the Prime Minister;
    • After the House of Representatives has sat for a period of four years, at which time the President shall be required to dissolve the House of Representatives.


11. On dissolving the House of Representatives, the President shall request the former Prime Minister to form a temporary government. A general election for all seats in the House of Representatives is to be held between 28 and 49 days following the dissolution of the House of Representatives.


12. Should a vacancy occur in the office of Prime Minister for any reason other than those enumerated above, the President shall appoint a new Prime Minister with the advice and consent of the House of Representatives.




E. The Opposition


• The government shall control the business of the House of Represenatives, but shall from time to time, no less often than once every 21 days that Parliament is in seesion, put aside a day for factions of members in opposition to the government to put business before the House of Representatives.


• Any faction of the House of Representatives elected as a slate of candidates holding at least one seat in ten of the total House, rounded up, shall be accorded the priviledge of having a day to put business before the House of Representatives.


• One hour each week in the House of Representatives shall be set aside for members of the opposition to ask the Prime Minister, his designated representative in his absence, or members of his cabinet questions concerning government policy or other business the government has set before the House of Representatives.
  


F. Impeachment


• The House of Representatives, by a majortiy vote, may impeach the Prime Minister or any member of his cabinet, any federal judge or the President of the United States.


• The Senate shall try impeachments and remove the accused by a two-thirds vote of members present and voting.


Article III. Judiciary (reiteration of Article 3 of the 1787 Constitution)


• The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the House of Representatives may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
  
• In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as Parliament shall make.


• The Trial of all crimes, except in cases of impeachment, shall be by an impartial judge, panel of judges or a jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as Parliament may by law have directed.


• Treason against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them aid and comfort.


• The House of Representatives may impeach a federal judge for treason, bribery of gross judicial misconduct.


Article IV. The United States (reiteration of Article 6 of the 1787 Constitution)


• All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the previous constitution.
  
• This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding.


• The senators and representatives hereafter mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.


Article V. Amending the Constitution (reiteration of Article 5 of the 1787 Constitution)

Parliament, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by Parliament.

[Jack Rabbit]

1. Comment

This was posted sometime last year in the hopes that it would generate some discussion. Unfortunately, it was posted just as the Senate Gang of Fourteen announced their compromise agreement; that news event got most of the attention that day.

So I will try again.

The above constitution is based on the one currently in used, which until recently has served us quite well. The independent judiciary is retained.

The purpose this Constitution is to create a democracy, not a republic. Citizenship, as established in Article I, is universal and equal. The right to vote is inalienable for all citizens over 18. The District of Columbia is granted statehood.

The biggest difference is the replacement of presidential government with parliamentary government. Presidents have simply become too powerful and tyrannical. Nixon and the younger Bush have governed almost as dictators rather than in any democratic tradition. This problem is systemic. For this reason, executive power is placed in the Prime Minister, who is necessarily a member of the House of Representatives. Short of impeachment, he may simply be given a vote of no confidence if he is not performing well and new elections may be held. A sitting Parliament has a limit of a four year term.

The Bill of Rights is maintained in Article I (section E). The clause based on the Second Amendment, which is poorly worded in the existing Constitution, is clarified and specifies that states have the right to maintain and regulate a militia. That which is based on the Eighth Amendment abolishes capital punishment.

This constitution addresses grievances against corporations.

• Artificial personhood for corporations is explicitly prohibited in Article I;
• the Bill of Rights is strengthened to prohibit the use of eminent domian for private development (see the Fifth Amendment);
• To the Bill of Rights a new clause is added that explicitly gives people the right to organize labor unions and prohibits government or private business from hindering that effort;
• Employers are prohibited from telling their employees how to vote; and
• Parliament is given the right to etablish independent state-sponsored media for the purpose of assuring the public is given news and information with balanced opinion and accepted journalistic practices.

Also, several grievances against the Bush regime are addressed.

• First, election reform is written into this document. Article I establishes that all voting will be done with a paper trail and that it is the paper ballot that will be counted in full view of the public. In addition, any contest for public office involving three or more candidates will use a system of preferential voting. Finally, Article II establishes that a certain number of seats in Parliament will be represented from the state at large from all participating parties that receive over 10% of the vote proportionally to the percent of the vote received. No more Floridas or Ohios.
• Second, that part of the Bill of Rights patterned from the Fourth Amendment is strengthened to prohibit Parliament from passing any law that authorizes searches and seizures without warrant or probable cause. So much for that part of the Patriot Act.
• Third, to that part of the Bill of Rights based on the Sixth Amendment a clause is added giving a defendant the right to consult counsel in confidence. That’s another part of the Patriot Act that bites the dust.
• Fourth, also in the Bill of Rights, that part patterned after the Eighth Amendment explicitly prohibits torture and humiliating or degrading treatment of any person held in detention. This would constitutionally prohibit the crimes against humanity taking place in Abu Ghraib, Guantanamo, Bagram and other outlets of the Bush gulag network.
• Finally, Article II explicitly adds war crimes and crimes against humanity to the list of grounds for impeachment. It doesn’t say that deliberate deception to justify a war is a war crime, but many might consider it such.

Some may object that I do not guarantee a trial by jury, but instead substitute a guarantee by an imparial judge, panel of judges or a jury. That bothers me somewhat, too. However, the reality nowadays is that nobody wants to serve on a jury; that being the case, a system of justice built on trial by jury is simply not going to work.

Another controversy might arise in that the right to vote is inalienable. This grows out of the gievance over the Florida election in 2000, where what was obstensively a list of convicted felons (and what was really a list of Afro-American Democrats) was used to purge the voter rolls and played a major part in Mr. Bush's ill-gotten gain of the White House. There is a great deal of discussion about whether civic death is a reasonable approach to voting, and there can be no doubt but that in Florida it was abused. It seems the easiest way to ensure that those who have the right to vote shall not have that right infringed by the likes of Jeb Bush and Katherine Harris is to expand the franchise even to convicted felons currently incarcerated. Some might have a problem with that; I have less of a problem with that than I have with good citizens being fraudulantly purged from voter rolls.

Overall, this might need a little work, but it’s a good start.

Perhaps a few would like to add a few suggestions on how this might be improved.

I would especially like some input for DUers in Britain, Canada and Australia for what else might go into a constitution designed for a parliamentary government.

[rogerashton]

39. I'm going to have to read it more carefully,

but it has some good points even on a quick perusal.

[Mythsaje]

2. Don't like their version of the 2nd Amendment...n/t

[Jack Rabbit]

3. Elaborate, please. nt

!!

[Mythsaje]

6. I simply believe

that the 2nd Amendment is not a collective right and this version places too much power over the right of self defense in the hands of the government.

[Goblinmonger]

9. I think that is a pretty good rewording

of what the original intent of the 2nd amendment was. I don't believe the founding fathers wanted us to have the right to own firearms as a constitutional right. They wanted states to have some power against a rampant national government.

[Mythsaje]

11. Considering the rest of the BOR, with a few exceptions,

outlines INDIVIDUAL rights specifically, I would have to disagree with that assessment. I don't think they intended "states' rights" to trump individual rights.

[Goblinmonger]

28. The proof is in the exeptions

The BOR is about what the national government CANNOT do. "Congress shall make no law abridging..." The wording is NOT "Citizens have the right to..." I realize that is minor, but the intent is to limit the power of the national government. The 2nd Amendment seemed to be limited the regulation of guns to the states. They wanted the states to have the right to let private citizens own guns in order for the state to have a militia in case the national government needed a smackdown. Not so we could go out and shoot shit (though I will admit that the FF felt that "shooting shit" was necessary for survival for a lot of people at that time and did not want to restrict it--just didn't make the owning of a gun for any purpose a constitutional right).

Though, in the end, as the OP said, this is the most poorly worded part of the constitution.

[Burning Water]

30. Sure they did.

They wanted the citizens to have the ability to revolt, as they had done, if the government became oppressive. They wanted the citizens to have the ability to defend themselves when the police weren't around.

At the time "militia" meant all the adult, free, male citizens. Check the histories. Hell, watch "Last of the Mohicans".

[Goblinmonger]

37. Right

they wanted to states to be able to CONTROL/RESTRICT the possession of firearms rather than the FEDS. Not that there was unrestricted right to bear arms. If the feds controlled the firearms, they could stop the states from being able to revolt against the national gov. This was part of the compromise between the national gov/articles of fed debate.

[Burning Water]

44. The problem with

this analysis is that the federal government is committed to enforcing the Bill of Rights on the states. Originally, the BOR did not prevent states from establishing a church, for instance. And I am old enough to remember when certain books could not be sold in my hometown.

And perhaps you remember a little thing called Roe v. Wade? All things changed with the 14th amendment. There is no logical reason why the right to bear arms should be the only right left behind. Not while I own a gun, anyway.

[Goblinmonger]

55. I'm confused

You are old enough to remember a time before the 14th amendment? Damn, you're old.

I know the BOR didn't apply to the states originally, which is probably why the 2nd amendment is written to tell the national government that the regulation of arms is up to the states.

Roe v. Wade happened right after the 14th amendment? Huh?

Where in the 2nd amendment do the words "right to bear arms" occur? Where does it say anything about the individual's right other than having a gun within the context of a state milita? That's right, it doesn't.

[Jack Rabbit]

58. My own view on that

The Second Amendment reads:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

What does this jungle of clauses and comma splices mean?

This doesn't say that it's up to the states, at least not explicitly. Does it mean that one can keep arms as long as he is a member of a militia, or that he has an absolute right to keep and bear arms?

We can go back and forth about this.

I am sympathetic to gun control, but whatever solution is reached, it should be clear. The Second Amendment is not clear.

[Burning Water]

65. Reading comprehension is your friend

I am old enough to remember when certain books could not be sold in my hometown. I am pretty old, however.

The 14th was the legal wedge Th USSC used to assume jurisdiction of affairs that had previously been considered solely the concerns of the states.

Where, anywhere in the Constitution, do the words "separation of church and state" appear. That's right, they don't. Again, though. The militia is not the National Guard. The militia is the body of armed citizenry.

Long after the adoption of the Constitution, there were established churches in some states. Because, as you said, the entire BOR only restricted Congress. But now, why should the "right to bear arms" be the only one left behind in constraining the states?

Anyway, even if I'm 100% wrong, as long as we are improving the Constitution, we might as well add the important right to it. Don't you think??

[derby378]

10. Agreed

Unless the people themselves have the right to keep and bear arms, this ain't gonna wash.

[Jack Rabbit]

16. Thank you.

I do want to point out that whatever you think the Second Amendment means or ought to mean, it is the most poorly worded part of the Constitution.

Feel free to propose an alternative.

[Sammy Pepys]

4. A pretty radical departure....

What problems with the current system do you propose this would fix?

[Jack Rabbit]

12. Several

First of all, I find the biggest problem with the present system to be unrestrained executive power. Even if one reject the unified executive theory (which is a piece of nonsense), the President can stretch his power and dare Congress to do something about it. He may send troops to a combat zone, justify his action and leave Congressmen trembling in their shoes.

In this proposal, the Prime Minister is a member of the House and serves at the pleasure of the House. If he gets too outrageously out of line, the government may be brought down. Giving a Prime Minister a vote of no confidence is much less serious business than impeaching a President or one of this cabinet officers. In order to impeach, one should be able to demonstrate to a reasonable degree of proof that the accused is guilty of high crimes and misdemeanors. One doesn't really need any reason for a vote of no confidence, just a majority in the lower house who no longer believe the government can function.

This constitution also protects the rights of the legislative minority. As House Majority Leader, Tom DeLay attempted with more than a little success of shutting the opposition out of the legislative process.

Also, as I mention in my comment (post 1), grievances against corporations are addressed. They will not enjoy artificial personhood; their employees shall have a right to form labor unions.

Overall, what I believe in a democracy in the substantive sense. The people have a right to be informed and the government, especially the executives, have an obligation to inform the public and their representatives of their actions. A parliamentary system should go a long ways to repairing some of abuses of the Bush Regime and other past administrations. One way of keeping the people informed is for their representatives to directly ask questions of the Prime Minister and his cabinet.

[Avalux]

5. I still believe the US Constitution, on it's premise, is better

I don't think it's necessary to change it so drastically; there are other things we need to do instead to enhance and strengthen, not change. :hi:

[Jack Rabbit]

18. I obviously disagree

In my lifetime, I've seen the two most abusive Presidents in US history, if President is relly what the loser of the 2000 election is.

The problem is systemic. The office of the President is a cancer on the body politic that needs to be removed. The executive branch needs to be on a shorter leash.

[SaveElmer]

7. Unnecessay...unfeasible...add right to privacy amendment

This would never be seriously considered by anywhere near the number of people it would have to be to have a chance...

Second, it is just not necessary. Parliamentary systems have their problems too.

Instead I would simply add an amendment guaranteeing a right to privacy.

[Jack Rabbit]

13. How would you word a right to privacy amendment?

As far as I can tell, there is a privacy amendment in the Bill of Rights: The Fourth Amendment. It may not go as far in its explicit language as Griswold vs. Connecticut, but the Fourth Amendment is basis of that decision.

[tocqueville]

17. it's embedded in the Universal declaration

Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.


remember that a Constitution is only a frame that presents "the rules of the game". It cannot contain everything. That what laws are for.

[Jack Rabbit]

19. Merci boupcoup, M. de Tocqueville

This is our Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

To which I add:

The United States shall make no law authorizing searches or seizures without warrant or probable cause.

I should mention that I put that last sentence in at this time last year, long before all the recent hallaballoo about warrantless wiretaps. Yes, it's true, this is a grievance againt Bush.

[tocqueville]

26. de rien Sir Jack Rabbit... but but

the right is EXPLICIT in the Declaration of Human Rights

"No one shall be subjected to arbitrary interference with his privacy"

which means ALL KINDS of privacy, not only seizures or searches

look here

http://www.gilc.org/privacy/survey/intro.html

Information Privacy, which involves the establishment of rules governing the collection and handling of personal data such as credit information and medical records;


Bodily privacy, which concerns the protection of people's physical selves against invasive procedures such as drug testing and cavity searches;


Privacy of communications, which covers the security and privacy of mail, telephones, email and other forms of communication; and


Territorial privacy, which concerns the setting of limits on intrusion into the domestic and other environments such as the workplace or public space.


the constitution must grant a GENERAL right to privacy (with the word written). Then LAWS (federal, local) grant the details how this general right must be applied.

Again you cannot put EVERYTHING in a constitution, because it is automatically going to miss important aspects. But the general frame gives the possibility to elaborate details in VOTED laws with a broad parliamentary consensus (qualified majority 75%).

Another example : abortion : if you grant a general right of PROTECTION of women's HEALTH like :

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.

then a LAW against abortion becomes AUTOMATICALLY unconstitutional because it threatens women's and children's health and you don't need a judge to interprete that....

[rogerashton]

45. I'm not persuaded that is really more explicit.

Privacy is more abstract than search and seizure -- and abstract terms in laws mean what the judge says they mean.

[endarkenment]

20. Not sure how to word it but it goes beyond search and seizure.

It is the right of citizens to be left alone to conduct their private affairs without government interference. The state can regulate the public sphere, but not the private. The trick is defining the difference between 'public' and 'private'. For example, regulating the safety and efficacy of drugs sold to the public is within the public domain, tossing people in jail for taking the wrong drugs in private is an invasion of privacy. Making sure that health service providers are licensed and qualified to perform medical procedures and provide medical services is an appropriate regulation of the public sphere while banning abortions or embryonic research is an invasion of privacy.

p.s. you should run your proposal through a spell checker. 'trason' for example.

[Sammy Pepys]

8. Question about Article II, B, 1

The House of Representative shall consist of members elected by the citizens of the United States. Two-thirds of the members of the House of Representatives, rounded up, shall be elected from districts as described in Article I, while the remainder from each state shall be chosen from a list of candidates provided by political factions receiving over ten percent of the vote in each state in proportion to the number of votes received by that faction. A vacancy occurring in the House of Representatives shall be filled by a special by-election within 49 days of the seat becoming vacant.

1) Chosen by whom?

2) What constitutes a "political faction?" Who decides those parameters?

3) How does this affect independents? Can you still provide your name if you win 10% or more of the vote but are not associated with any group?

[Jack Rabbit]

15. Political faction

Political faction is meant the same way it is used in the Federalist Papers. The more common term is political party.

It assures representation for minority views, without being so absurd as to grant represtation of any party that gets only a vote or two. As things are today, this wouldn't have a lot of effect. All legislative seats would be held by Demorats and Republicans.

The parties themselves might be left to determine how a slate of candidates is chosen. One may have a central committee do it and another may have a statewide primary.

That was a point I thought best left vague.

[Sammy Pepys]

21. I think something like that needs to be made specific though....

While the FPs acknowledged things like political parties loosely in the form of factions, those are not acknowledged in the Constitution. Candidates align themselves with parties for a number of reasons, but party membership doesn't play much of an acknowledged role in the Constitution itself when it comes to the administration of Congress and its legislative business.

If parties are going to provide lists of candidates to be seated in the House on the "secondary ballot" (for lack of a better temr), I think a political party needs to have some definitions attached to it.

I'm still trying to understand how the remaining two-thirds part works though. The parties provide a list, but who whittles it down and figures out who is seated from that list?

[tocqueville]

14. keep working you are breaking new ground

start with with a preamble :

that includes the universal declaration of human rights (much more elaborated than the bill of rights)

define better the statute of the nation :

The United States shall be an indivisible, SECULAR, democratic and social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs. It shall be organised on a decentralised basis.

[More Than A Feeling]

59. What does it mean to say secular?

Suppose I'm a legislator. I want to offer a bill that says any hungry person who can't afford food should be given food. I do so because I believe in Jesus Christ, and that He requires me to do to the least of these as I would do unto Him. Nowhere is this motivation written in the bill, but I fully acknowledge my motivation in all the speeches I give concerning this bill.

If the bill passes, would said law be constitutional or unconstitutional?

If it would be constitutional, what would be an example of an unconstitutional bill? If not, would religious people be forbidden from taking part in political life, because it would be impossible to tell when they were acting based on religious motivation?

[tocqueville]

22. another point : limit the powers of the Supreme Court

the Supreme Court shouldn't be allowed (in a parliamentary system) to rule over what's constitutional or not, but merely what's lawful or not among existing laws.

you need a separate Constitutional Council that has ONLY the function to see what's constitutional or not. It must be composed of jurists and laymen (from all parties) and appointed only for a shorter period of time, but overlapping parliamentary elections (to avoid majorities).

I think that one of the MAJOR problems with the US constitution is that it turns in reality the US into a "judiciocracy". All major achievements in the US have gone through the Supreme Court one way or the other. This is not the rule of the people, but the rule of judges. Which is devastating with life-appointed judges. One of the best examples is when the Supreme Court found that segregation was constitutional. It took nearly 100 years to change it.

[meow2u3]

23. You also omitted a clause guaranteeing gender equity

The equality of rights of any United States person shall not be denied or abridged because of sex.

[Jack Rabbit]

25. I don't mention race, either

It seemed unnecessary.

Together, the clauses . . .

Any person born in any state, born abroad of whose parents at least one is a citizen of the United States or who swears allegiance to the United States in a rite of naturalization shall be a citizen of the United States and of the state in which he resides.

and . . .

Each citizen shall enjoy equal rights with every other citizen under this Constitution. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several states.

don't leave a lot of room for white male supremacy.

[tocqueville]

27. didn't stop segregation

those smartass judges found out 100 years ago that as long you were entitled the same rights, nothing prevented from separating people...

[Jack Rabbit]

32. It didn't keep them from reversing themselves 60 years later, either

nt

[tocqueville]

34. 60 years is the problem

A constitution text cannot be perfect, but it must leave as little room as possible to interpretation. A lot of the wording in the US constitution comes from another age. What wasn't a problem then, is a problem today.

But I find your attempt very interesting and very brave. It's the first time I see somebody here trying to attack the CORE of many US current problems.

Take for example the current French constitution : it's from 1948. But many politicians and philosophers in France want a new one to be written soon. France has a semi-presidential system and a lot of people now want either an improved one or a full parliamentary system, because of the discrepancy between the Presidential tasks and the parliament's prerogatives (and whe have more parliamentary "power" than the US congress !). It's very difficult to find a "perfect system". But staying by a myth of "the best constitution in the world" is not helping the US, and the current situation shows it : a bunch of appointed judges and the room is open to a legal facist overtake...

[Jack Rabbit]

36. I thought the French Constitution was later than that

Wasn't the Fifth Republic founded in the mid-fifties with a Constitution featuring a strong presidency tailor-made for General de Gaulle?

Our constitution was made for George Washington, a man who neither sought nor wanted power. He was an admirer of Roman republicans like Cato and Cincinnatus. In a conscious imitation of Cincinnatus, Washington returned to Mt. Vernon after the War of Independence, put down his weapon, picked up his walking stick and tended to his plantation.

He was quite different than the power mad lunatics we've had in recent years.

[tocqueville]

38. My mistake it was 58 oops

it's not fair to say that the constitution of 58 was tailor-made for De Gaulle. But it's true that it was a paradigm change in the aftermath of the Algerian war. Remember that France at that time was threatened by a military coup. So it gave strong presidential powers, maybe too strong even if they haven't been used (and kept in place by socialists like Mitterand BTW). The problem that arose with that constitution was the discrepancy between the idea of a President leading the nation and governments of a complete different orientation leading the other way. It worked sometimes as if for example Bush HAD to appoint only Democrats as his "ministers". The idea behind the new constitution is that it will be a reinforced parliament and less powers to the President. The President will be more easy to remove through "censure" for example (meaning that a complete political failure can remove him, even if hasn't done anything illegal).

But the discussion is still about the advantages and inconvenients of the US constitution. The system is very dynamic, but on the other hand can swap over being dangerous. So far the US (pure) presidential system was the only one in the world that had escaped turning into a dictatorship. We see that we are not very far from that now. A new 9/11 and the trick is done.

For me the major flaws are in the President's "war functions", the more reserved role of Congress as a lawmaking entity and the overdimensioned role of the Supreme Court (another US unique feature). I see that you try to go more a British way. But if you go all the way you don't need a President (except as an honorary title, since a King is out of question) and no clause of impeachment, because the guy can be dismissed any time by a simple majority. Mostly those honorary Presidents don't have any powers, they are just there to shake hands and cut ribbons (German or Italian system) and never pose aproblem. You feature a more semi-presidential system with the exception that the President is not directly elected. You can't have it both ways, that's the problem.

The other problem according to me, is that the US constitution needs a new wording, a 21th century one. The rights must be CLEAR, separation of Church and State CLEAR, so once for all you skip the BS about "Christian Nation" and our "Founding Fathers in reality meant that and that". Among other stuff like privacy.

It's very difficult to write a good constitution. Besides I think that you must amend the current one to grant a referendum right to give overwhelmning consensus to the new one. Which of course the judges will oppose (and of course find "unconstitutional") because in a new system they would lose very much of their power. So it's a catch 22.

New constitutions are often written at the end of a crisis, often a very deep and violent one. France might write a new one soon but it's because there is a profound society crisis due to unemployment. But it's more probable that a new President will only amend the parts regarding parliament and the presidential role and put it to a referendum. We'll see...

[Jack Rabbit]

40. Separation of church and state couldn't be more clear

Those from the Christian Right who say there are no Constitutional grounds for the seperation of church and state need some remedial reading classes.

The world religion or religious occurs twice in the document. Both occurances have he effect of separating church and state. Both clauses are retained above.

This is from Article VI of the main body:

(N)o religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

That couldn't be more clear. It says that one needn't be a member of any particular church to hold public office, nor shall any one be prohibited from holding public office because he belongs to a particular church. There may be some sectarian bigots running around wanted to throw Muslims out of their civil service jobs, but under this clause they can't do it.

The better-known clause is in the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

Again, this is very plain. This says two things. First, we will not have an official state religion in the United States. Second, Congress cannot pass a law criminalizing a religion. Again, the sectarian bigots who think all Muslims are terrorists can't get Congress to prohibit Muslims from worshipping God as they see fit.

There is nothing I care to add or take away from those clauses.

[tocqueville]

49. yep but still legal to swear President oath on the Bible or ....

not to tax churches, or have "pledges under God", prayers in public offices, teaching religion in public schools,
religious symbolas on public monuments etc...

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

But it doesn't mean that religion CANNOT interfere with the State, even if it's very difficult. So far they have been quite successfull, at least a state level.

Compare with French law.

"The Republic neither RECOGNIZES, nor salaries, nor subsidizes any religion".

"France shall be an indivisible, SECULAR, democratic and social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs."

in reality what's possible (named above in the beginning) in the US, is impossible in France.

Overview of the principle

In the United States, separation of church and state is sometimes believed to be in the Establishment Clause of the First Amendment to the U.S. Constitution and by legal precedents interpreting that clause, some extremely controversial. The Establishment Clause states that, "Congress shall make no law respecting an establishment of religion." However, the U.S. Supreme Court decided that the Fourteenth Amendment (one of the Reconstruction Amendments) makes the Establishment Clause and other portions of the Bill of Rights binding on state and local governments as well, although it is arguable that this restriction on state and local government existed in Article VI of the unamended Constitution and that the Fourteenth Amendment was a clarification on the limitation of government power. Many other democratic governments around the world have similar clauses in their respective constitutions.

The phrase "separation of church and state" does not appear in the Constitution, but rather derives from a letter written by Thomas Jefferson to a group identifying themselves as the Danbury Baptists. In that letter, Jefferson referred to a “wall of separation between church and state.”

Separation of church and state is a notion related to, but separate from, freedom of religion. There are many countries with an official religion, such as the United Kingdom or Sweden, where freedom of religion is guaranteed. Conversely, it is possible for a country not to have an official religion, or a set of official religions, yet to discriminate against atheists or members of religions outside of the mainstream. For instance, while the United States does not officially advance any particular religion, proponents of atheism were persecuted in many US jurisdictions in the 19th century.

There are different interpretations of the notion of separation of church and state:

one sees this separation from a legal and financial point of view: the State should not establish nor fund religious activities, and may even be prohibited from funding non-religious activities affiliated to religious organizations;
another sees this separation in keeping motivations of public policies out of the religious beliefs, preventing interference from state authorities into religious affairs. In this way every person may worship whoever and however they desire.
another sees this separation in keeping religious beliefs out of the motivations of public policies, preventing interference from religious authorities into state affairs, and disapproving of political leaders expressing religious preferences in the course of their duties

http://en.wikipedia.org/wiki/Separation_of_church_and_state

words are important

[Jack Rabbit]

63. I believe the Bible is at the descetion of the new President

If I am correct about that, I believe it should remain his personal choice. One may pick his family Bible, another may want a copy of the Constitution and, if we ever have a Jewish President he may want the Tora. He's free to pick the Emerald Tablet if he so desires.

[endarkenment]

24. a comment - corruption negates good intentions

As far as I am concerned the single biggest problem our current institution is plagued with is the corruption that has transformed it into a kleptocracy and perhaps a new form of fascism. To me corruption is the compelling reason for why our current institution has to go. I may have missed it, but I don't see how you are going to prevent the same clowns from simply buying their way right back into power in your new system.

[Jack Rabbit]

33. There really isn't a good way to do that

There has been corruption ever since some Cro-magnon chief had to start delegating authority. The only thing to stops corruption is voting the crooks out.

[endarkenment]

35. Is there something wrong with public financing

and the long discarded media fairness regulations? I'm not saying that either is perfect, but both would make it at least much more difficult to end up right back where we are now.

[Burning Water]

29. Question?

What's wrong with the Constitution that we have now? It has worked pretty well since the it was established, and far better than most parliamentary democracies.

If it ain't broke, don't fix it. And losing a few elections does not count as "broke". What have you got in there to prevent election fraud? Paper ballots can be gamed, too. This seems to be the issue that really worries most people.

But good luck on getting it passed.

[Jack Rabbit]

31. Preventing election fraud

From Article I:

• Voting shall be by secret ballot. No citizen shall be compelled by any government or private power to reveal how he cast his vote. No public or private power shall compel any citizen to vote in a particular manner.
• Polling places shall be open for a period of 24 hours, beginning at 0:00 GMT on Election Day. Election Day shall be a holiday in the jurisdiction where the election is held. Any private entity must ensure that its employees are given sufficient time to vote.
• Counting of ballots shall be done in view of the public following the closing of the polling places. No vote shall be counted except one leaving a permanent record at the level of an individual ballot.

I think the present constitution is broke in that too much power has been assumed by the executive branch. This is the second president in my lifetime who has assumed for himself inherent dictatorial powers. The last fellow to do that was rightly run out of Washington on a rail under the threat of impeachment. Nothing is being done about it this time.

[Burning Water]

42. well, your electoral

solutions might help, but certainly cannot totally eliminate fraud. IMO, nothing can. And a new constitution is hardly required to install those changes and other useful features such as photo voter ID to prevent non-citizens from interfering in America's internal affairs, double voting, etc.

I would be afraid of a parliament unbalanced by an independent executive. With only the judiciary to stand against them, I question how long they could hold out. An oligarchal dictatorship is no better than a single dictator.

Finally, I prefer a two party system. It generates, I believe a necessity for compromise, and cuts off the influence of the extremes. Which is a good think. The far, far, left is as totalitarian and dangerous as the far, far right. The present winner-take-all system guarantees that in most cases at least, a majority of the voters voted for the winner. I disregard fraud, of course. But no system can keep the crooks out if the people are not vigilant.

[Minnesota Libra]

41. I see one main problem, I for one don't want........

....my government being totally armed and me at their will without arms of all kind. You talk about the perfect set up for abusing citizens at will. I keep my guns, legal or not.

[Jack Rabbit]

43. You're not the first on this thread to object to that

Could you do something for us?

Could you please rewrite the Second Amendment so that it clearly says that?

Again, one of the problems with the Second Amendment is that it is poorly worded and is open to different interpretations.

[Burning Water]

46. I'll try.

"An armed citizenry being the surest guarantee of personal safety and stanchest defense against abuse of power by the government, the right of the individual citizen to keep and bear arms shall not be abridged save for conviction of violent felony or judicial finding of mental disability."

[Jack Rabbit]

47. May I propose another?

Parliament shall make no law abridging the right of individual citizens to keep and bear arms.

It leaves it to the states.

In the case of what you wrote, I might suggest just dropping the introductory clause. That's a lot of what's wrong with the Second Amendment at present.

[Burning Water]

48. Only because

people refuse to look at the plain meaning of the words.

But I could use yours except that I would state it, "Neither Parliament nor the States nor localities shall make any law or regulation abridging the right of individual citizens to keep and bear arms, including taxation over that of any other commodity or burdensome regulations." Leaving it to the people where all rights belong, anyway.

You don't want a gun, unlike Switzerland, you don't have to have one.

[Minnesota Libra]

50. That sounds pretty good - I could live with that. nt

[rogerashton]

51. This discussion needs to be kept alive.

But this isn't just a kick.

Very good job, on the whole, and I support the call for a switch to parliamentary government, which is a more perfected democratic system than our presidential system. After all, we have learned some things since 1789.

I agree that preference voting is needed, but the Borda rule (point voting) is not a good idea -- if anything this automatic counting of second and third preferences moves further away from real majority rule, not closer. Instant referendum -- single transferable vote -- seems better and the best kown method, in my view.

I also do not like proportional voting because of its recognition of political parties as constitutional bodies. Moreover, despite the clear intent, I don't think apportionment can be reformed. Let each state elect its representatives at large, with one vote per voter. That way, if a small, dipersed minority -- atheists, for example -- see John Doe as representative of their views, and there are enough of them to elect him, John Doe goes to congress even though his constituents do not represent a geographically compact group.

[DrGonzoLives]

52. How is this "more" democratic?

Simply because there is a possibility of third parties getting representation does not mean it is more democratic. You are changing the Presidency essentially into a massive boys' club, with no accountability to anyone except for the state he's from. I will be damned if there is going to be someone at the head of the executive branch of government in whom I have absolutely no say over whether or not he is there.

I'll grant that our system isn't perfect, but yours essentially allows a President to disband any Congress that he's unhappy with. How are we reducing tyranny again?

[Jack Rabbit]

57. Defense

It is more democratic because the executive branch is more accountable.

The executive branch serves at the pleasure of the legislature.

The members of the executive branch are required on a weekly basis to answer questions and justify themselves. That will be in a open, public forum, meaning that not only will the people's representatives be better informed, but the people will be better informed (a democratic concept). Mr. Bush may be able to operate in secrecy under the present arrangement, but a Prime Minister under this one would find it almost impossible.

I'll grant that our system isn't perfect, but yours essentially allows a President to disband any Congress that he's unhappy with. How are we reducing tyranny again?

This proposal does not allow the President, who is a figurehead rather than the chief executive, to disband Parliament at will. Specific circumstances are listed in Article IID, 10:

10. The President shall not dissolve the House of Representatives at any time other than:

• The failure of the government to secure a vote of confidence from a majority of the members of the House of Representatives;
• The request of the Prime Minister;
• After the House of Representatives has sat for a period of four years, at which time the President shall be required to dissolve the House of Representatives.

Furthermore, the new government must be approved by the House of Representatives, so the President will be obliged to choose a new Prime Minister some one who has a reasonable chance of forming a government. Finally, failure to appoint a Prime Minister may force the President from office:

If, after 28 days, the House of Representatives has been unable to consent to a new government headed by a Prime Minister appointed by the President, the House shall convene of its own accord and by majority vote recommend a Prime Minister to the President; the President may either appoint the recommended candidate as Prime Minister or resign.

[DrGonzoLives]

61. The request of the PM

And there's the problem. If the President and PM are in collusion, bam, there goes Congress when the President gets a little pissy. And while it's all well and good to require regular reports, those are pretty much required now to be submitted to appropriate Congressional committees; most of those testimonies (the ones not related to national security) are indeed open to the public, and the public, by and large, doesn't care.

This isn't really creating a more open process, it's just adding more representatives, allowing a very select body to meet in secret to determine the leader of the country, and requiring more testimony than is now given, of which 90% will likely be ignored.

Furthermore, in regards to the Senate under this setup, the entire point of the Senate was to provide a body wherein each state has an equal voice. By allowing districts and proportional representation, you've essentially just turned it into House II, with larger constituencies.

[Jack Rabbit]

62. Your concerns are not real concerns

First of all, in any parliamentary system, the Prime Minister may request early elections. He may do this if he thinks the conditions are ripe for his party to increase its hold on power. Harold Wilson did this on two occasions while he was Prime Minister of Britain. On one occasion, his Labour Party did in fact increase its majority; on the other, the move backfired and the Tories under Edward Heath took power for a time.

The idea that the Prime Minister would be in collusion with the President to bring the government down seems a bit beyond necessary. If the Prime Minister doesn't like his government, he has the implicit authority to shake up his cabinet.

The purpose of the Senate is to provide for a more conservative legislative body that will put the breaks on popular but unwise legislative initiatives. The present Senate even works that way now, balking at more radical proposals coming out of a House controlled by right wing demagogues. This is achieved not because the Senate gives the states an equal voice, but because the Senators are elected to longer terms and face the voters less frequently. That feature is retained by giving Senators a twelve-year term.

[Raiden]

53. I don't really think a parliamentary system would work here

it's too unstable--but at the same time, we do need some extensive government overhaul.

[Harald Ragnarsson]

54. The problems isn't that our constitution doesn't work

the problem is that our constitution is not being followed.

No thanks, I'll keep our original constitution and will simply insist that it be followed.

For instance, on our side, let's quit with this silly insistence that "The right of the people to keep and bear arms shall not be infringed" doesn't mean the right of the people will not be infringed because there is a comma in the middle which does NOTHING to change the sentence, let alone change its' meaning to the exact opposite. Yet I see many on our side doing this exact thing. Their side does the same dishonest shit on other parts of the Constitution.

So no, let's keep the one we have and actually follow the fricking thing, just for shits and giggles.

[Odin2005]

56. We really need a parliamentary system.

Originally posted by Jack Rabbit

Second Constitution of the United States of America


Article I. The states, citizenship, census, and voting.

A. The States


The United States of America shall consist of all states under the union. No state entering the union shall have the authority to dissolve the union.

Each state shall be guaranteed a representative democratic form of government.

The seat of the government of the United States known as the District of Columbia shall be in itself a state with the same rights and privileges as any other state.

Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. Parliament may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

New states may be admitted by Parliament into this Union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of Parliament.

The United States shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.


B. Citizenship


Any person born in any state, born abroad of whose parents at least one is a citizen of the United States or who swears allegiance to the United States in a rite of naturalization shall be a citizen of the United States and of the state in which he resides.
All such persons residing in a territory entering the union as a state shall be granted citizenship of the United States and of the state in which he resides.

No person may be a citizen of more than one state at one time.

No rights of citizenship or presumption of citizenship shall be granted to any private entity by the federal powers or any state. The federal administration and each state administration shall have the right to regulate any private entity chartered within its jurisdiction at it deems fit and necessary as provided by law.

Each citizen shall enjoy equal rights with every other citizen under this Constitution. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several states.

No officer of the United States or any state shall have the power to strip a citizen of his citizenship or his rights as a citizen, either entirely or partially. Nothing in this paragraph shall be interpreted to prohibit the federal government or any state government from incarcerating, fining or otherwise punishing an individual duly convicted in a court of law of a violation of acts passed by a legislative body.


C. Census


The federal government shall undertake a census of the population every 12 years for the purpose of allocating representatives in Parliament.

Each state shall apportion its allocated representatives in a manner it sees fit, but districts must be drawn such that no representative district shall deviate from the mean population of all the states districts by more than ten percent.


D. Voting


Each citizen over the age of 18 years shall have the inalienable right to one vote and only one vote on each question in any and all elections in the United States and in the state of which he is a citizen.

In contested elections for office involving three or more contestants, each voter shall be able to rank his first three preferences, with his first choices getting three points, his second two points and third one point; the candidate with the most tabulated points will be declared the winner.

Voting shall be by secret ballot. No citizen shall be compelled by any government or private power to reveal how he cast his vote. No public or private power shall compel any citizen to vote in a particular manner.

Polling places shall be open for a period of 24 hours, beginning at 0:00 GMT on Election Day. Election Day shall be a holiday in the jurisdiction where the election is held. Any private entity must ensure that its employees are given sufficient time to vote.

Counting of ballots shall be done in view of the public following the closing of the polling places. No vote shall be counted except one leaving a permanent record at the level of an individual ballot.


E. Rights of individual citizens (Bill of Rights reiterated, elaborated and clarified)


Neither the United States nor any state shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Each state shall have the power to establish and regulate militias for the purpose of defense and maintenance of civil order. The United States shall make no law infringing on this right.

No Soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The United States shall make no law authorizing searches or seizures without warrant or probable cause.

No person shall be held to answer an infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation and no property shall be taken by the United States or any state for the purpose of private development.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial judge, panel of judges or jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense and the right to consult his counsel in confidence.

In Suits at common law where the value in controversy shall exceed one hundred dollars, the right of trial by an impartial judge, panel of judges or jury shall be preserved, and no fact tried shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Neither the federal authority nor any state shall declare a convict's life forfeit for any crime. Neither the federal authority nor any state shall practice torture or other humiliating or degrading treatment of any person detained for any reason.

The right of individuals to form organizations to promote higher wages and salaries, fair hiring practices or better working conditions shall not be infringed by the United States, any state or any private entity chartered thereby.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


Article II. Parliament

A. General


All legislative power in the United States shall rest in the Parliament of the United States.

The Parliament of the United States shall consist of the House of Representatives and the Senate. One member of the Senate shall be designated as the President of the United States and one member of the House of Representatives shall be designated as the Prime Minister of the United States.

The Senate shall choose from one of its members, with the advice and consent of the House of Representatives, a President of the United States. The President shall serve at the pleasure of the majority of the members of the Senate. The duties of the President shall be:
To appoint the Prime Minister from the ranks of the House of Representatives;
To accept the resignation of the Prime Minister;
To convene and dissolve the House of Representatives;
To call a general election for all seats in the House of Representatives upon the dissolution of that body.


The President may be impeached by the House of Representatives for trason, bribery, dereliction of duty or other high crimes and misdemeanors.

No person shall be a member of the House of Representatives and the Senate at one time, nor shall any person be a member of either house of Parliament while holding an office of trust in any state, nor hold a seat in any state or federal court and at the same time be a member of Parliament.


Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such Parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those Present, be entered on the journal.

Compensation for members of Parliament:

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.




B. House of Representatives.


The House of Representative shall consist of members elected by the citizens of the United States. Two-thirds of the members of the House of Representatives, rounded up, shall be elected from districts as described in Article I, while the remainder from each state shall be chosen from a list of candidates provided by political factions receiving over ten percent of the vote in each state in proportion to the number of votes received by that faction. A vacancy occurring in the House of Representatives shall be filled by a special by-election within 49 days of the seat becoming vacant.

Each state shall have at least two seats in the House of Representatives.

The House of Representatives shall be presided over by the Speaker, elected from its ranks at the recommendation of the Prime Minister, who shall rule on all questions of order. The Speaker shall not vote except in the event of a tie.

All legislation shall originate in the House of Representatives.
The House shall have no power to suspend the privilege of the writ of habeas corpus, unless when in cases of rebellion or invasion the public safety may require it and then only in places where federal courts are unable to conduct normal business;
No bill of attainder or ex post facto law shall be passed;
No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another;
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time;
No title of nobility shall be granted by the United States;
And no person holding any office of profit or trust under them, shall, without the consent of the Parliament, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince or foreign state.


The House of Representatives shall have the power:
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
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; To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval Forces;
To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Parliament;
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof;
And to establish an independent board of directors for state sponsored media to assure news and information is given to the public with balanced opinion and adheres to accepted journalistic practices.


The House of Representatives shall sit from the time it is elected until dissolved by the President.

C. The Senate


The Senate of the United States shall consist of members elected by the citizens of each state in a election to be held within one year of the certification of the census. The number of senators from each state shall be half of its number of representatives, rounded up. In states with at least four senators, half of the number of senators, rounded up, shall be elected from districts and half shall be selected from a list of candidates provided by political factions receiving over ten percent of the vote in each state in proportion to the number of votes received by that faction; in states with fewer than four senators, election shall be by district only.

The Senate shall have the power to advise and consent to the appointments of federal judges and to ratify treaties.

Any bill passed by the House of Representatives not deemed a vote of confidence in the government shall be approved by a majority vote of the Senate. Should the Senate reject the bill, the House of Representatives may override the Senate’s veto with a two-thirds vote. If the Senate takes no action on a bill passed by the House of Representatives after fourteen days, the bill become law.



D. The Government.


The government of the United States shall consist of the Prime Minister and the cabinet. All executive power shall rest in the Prime Minister and the Cabinet.

The Prime Minister shall be a member of the House of Representatives. The Prime Minister may select his cabinet from the members of either the House of Representatives or the Senate, with the advice and consent of a majority of the members of the House of Representatives. Members of the Cabinet will serve at the pleasure of the Prime Minister, but the Prime Minister and any member of his Cabinet shall be subject to impeachment by a majority of the House of Representatives and removal of by a two-thirds vote of the Senate for treason, war crimes, crimes against humanity, bribery or other high crimes and misdemeanors.

In addition to the Prime Minister, the Cabinet shall consist at a minimum of the following officers:
Minister of Foreign Affairs.
Minister of Finance.
Minister of Defense.
Minister of Justice.

Parliament shall designate other cabinet offices as it deems necessary.

The Prime Minister shall have power, with and with the Advice and Consent of the House of Representatives and the Senate, to make treaties; and he shall nominate, and with the advice and consent of the House of Representatives and the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the federal courts, and all other Officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. The House of Representatives may by law vest the appointment of such inferior officers, as they think proper, in the Prime Minister alone, in the courts of law, or in members of the cabinet.

The Prime Minister shall be the commander and chief of the armed forces. The cabinet shall be kept fully informed of troop movements and threats to national security and Parliament shall be kept appraised as necessary and prudent.

A vote of confidence in the government shall be:
Any government-sponsored bill designed to appropriate money from the treasury or concerning the maintenance of revenue;
Any other bill that the Prime Minister deems to be of significant importance; or
A motion before the House of Representatives that calls for confidence in the Prime Minister and his cabinet.


When the government fails to receive a vote of confidence in a majority of the members of the House of Representatives, the President shall request and accept the resignation of the Prime Minister. The President will then decide whether to appoint another Prime Minister from the ranks of elected members of the House of Representatives or to dissolve the House of Representatives.

Within twenty-four hours of the certification of election results, the President shall ask a member of the House of Representatives to act as Prime Minister and appoint a new cabinet with the advice and consent of the entire House of Representatives.

Upon his appointment by the President, the Prime Minister shall have a period of two weeks to appoint a cabinet and obtain its approval by a majority of the House of Representatives. Should the Prime Minister fail to organize a government in the allotted time, the President may either select of new Prime Minister or dissolve Parliament. If, after 28 days, the House of Representatives has been unable to consent to a new government headed by a Prime Minister appointed by the President, the House shall convene of its own accord and by majority vote recommend a Prime Minister to the President; the President may either appoint the recommended candidate as Prime Minister or resign.

The President shall not dissolve the House of Representatives at any time other than:
The failure of the government to secure a vote of confidence from a majority of the members of the House of Representatives;
The request of the Prime Minister;
After the House of Representatives has sat for a period of four years, at which time the President shall be required to dissolve the House of Representatives.


On dissolving the House of Representatives, the President shall request the former Prime Minister to form a temporary government. A general election for all seats in the House of Representatives is to be held between 28 and 49 days following the dissolution of the House of Representatives.

Should a vacancy occur in the office of Prime Minister for any reason other than those enumerated above, the President shall appoint a new Prime Minister with the advice and consent of the House of Representatives.



E. The Opposition


The government shall control the business of the House of Represenatives, but shall from time to time, no less often than once every 21 days that Parliament is in seesion, put aside a day for factions of members in opposition to the government to put business before the House of Representatives.

Any faction of the House of Representatives elected as a slate of candidates holding at least one seat in ten of the total House, rounded up, shall be accorded the priviledge of having a day to put business before the House of Representatives.

One hour each week in the House of Representatives shall be set aside for members of the opposition to ask the Prime Minister, his designated representative in his absence, or members of his cabinet questions concerning government policy or other business the government has set before the House of Representatives.



F. Impeachment


The House of Representatives, by a majortiy vote, may impeach the Prime Minister or any member of his cabinet, any federal judge or the President of the United States.

The Senate shall try impeachments and remove the accused by a two-thirds vote of members present and voting.


Article III. Judiciary (reiteration of Article 3 of the 1787 Constitution)


The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the House of Representatives may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as Parliament shall make.

The Trial of all crimes, except in cases of impeachment, shall be by an impartial judge, panel of judges or a jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as Parliament may by law have directed.

Treason against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them aid and comfort.

The House of Representatives may impeach a federal judge for treason, bribery of gross judicial misconduct.


Article IV. The United States (reiteration of Article 6 of the 1787 Constitution)


All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the previous constitution.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding.

The senators and representatives hereafter mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.


Article V. Amending the Constitution (reiteration of Article 5 of the 1787 Constitution)

Parliament, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by Parliament.

I read somewhere that the US is the only country with a full presidential system of government NOT to slide into a presidential dictatorship (although the neocons are sure heading that way). A parliamentary systems makes the executive serce at the leasure of the legislature. If the PM can't keep the support of the legislature they will declare "no confidence" and he/she will be forced to call an election. If we had a parliamentary system, the port debacle would of likely triggered a no-confidence vote, for example.

I like most of this proposed constitution, but there are a few things I would have different:

Retain the word "Congress" instead of "Parliament" for tradition purposes.
The House should be filled with 2/3 by proportional representation, not 1/3.
Amendments should be able to be initiated by either a 2/3 vote by Congress or by seccessful petition drives of legislature vots in 2/3 of the states and would then be voted on by a refferendum requiring a 2/3 national popular vote.
SCOTUS justices must be confirmed by a 3/5 vote.

[Jack Rabbit]

60. This attempts to accomplish two things

First, assure that the executive branch is accountable to the people and their representatives by incorporating it into the legislative branch. The independent executive branch in the present Constitution has more than once become a threat to individual liberty in recent years. In my view, that indicates the problem is systemic and therefore needs an overhaul.

Second, the above document recognizes that private, non-governmental power may also be a threat to the liberty and welfare of the people and allows government to act as a check against it. Artificial personhood is prohibited. The idea that corporations are artificial persons with the rights of a citizen, which is absurd to begin with, is explicitly dismissed.

[Jack Rabbit]

64. Link to thread: A proposed new US Constitution

A proposed new US Constitution featuring parliamentary government

(Added to Journal)