Friday, October 23, 2015

Constitution 2.0?

Obviously, the US Constitution has problems.  How obvious?  Well, both the Executive and the Judiciary have usurped the role of the Legislative branch, and the legislators don't seen to be able or willing to regain their own power and limit the other branches.  That, and the march of the enemies of freedom through the institutions, by using our freedoms against us as weapons.

My thought is the primary problem in the Constitution is the lack of a mandatory enforcement mechanism.  How to accomplish this?  That goes back to the old adage of Who Watches the Watchmen.  If you create a Praetorian Guard, what you end up with is a Praetorian Guard, with all its good and ills.

In the American spirit, where power flows from the people to their representatives, the power to oppose the excesses of the government must come from the people, and through them acting collectively as the several States.

Proposition 1.  The Congress holds all legislative power, and may not delegate this power.  No executive office or agency may make laws, regulations, or decisions that hold the force of law.  The Executive may recommend alterations or additions to the law, which may then be considered by congress.

Proposition 2.  No court may alter or invent a law, but may wholly abolish laws found to be unconstitutional.  No executive office or agency may adjudicate cases of law.

 Proposition 3.  All laws passed by Congress must go before the Supreme Court for constitutional review prior to being submitted to the President.  The Court may approve or veto a law, but may not alter it.

Proposition 4.  Each law passed must then be approved by a majority of the Governors of the several States. 

Proposition 5.  A majority of 2/3 of the Governors of the several States, acting in the same calendar year, may override any ruling of the Supreme Court or veto by the President, or abolish any standing law, or remove from office any appointed official or judge, or void any treaty.

Proposition 6.  Every State shall each year conduct a lottery among its citizenry, to select one who may challenge their Representative to a duel, to be conducted on the grounds of the Statehouse, each July 4th.  The citizen is also granted the choice of weapon - knife, sword, or pistol. 
{This one is my favorite.  It raises money for the States, and eventually enforces term limits.  It also ensures that the Representatives have the courage of their convictions.  And it's darkly humorous.}

Proposition 7.  The 17th Amendment is repealed.

Proposition 8.  The United States is an explicitly Christian nation, and we welcome our brothers the Jews.  No person who is not a Christian or a Jew may hold any public elected or appointed office.  All other religions which are compatible with Christianity and Judaism are welcome, and may become citizens with the right to vote.  Islam is not compatible with Christianity or Judaism, and its practice and proselytism are specifically banned from the United States and its territories.

Proposition 9.  The United States is based on the concepts of individual justice, freedom, and responsibility, with a free-market economy.  Communism, socialism, and all other forms of Marxist collectivism are explicitly prohibited, as they deny the existence of the free market, and are in direct opposition to our fundamental principles.

Proposition 10.  Government exists to protect the lives and property of the people.  As such, all public takings of private property must be as allowed by law, and must be approved by recorded vote in each of three consecutive years before taking effect.  In addition, the rightful owners of any private property taken by such action must be reimbursed at three times the assessed value of the property, based on the highest assessed value in the ten year period prior to the taking.

Proposition 11.  All bills and acts must originate in the House of Representatives.