There are a few ideas going around the popular culture about how to fix our dying system. Some good ideas and some not-so-good ideas. One of the ideas that keeps coming around is that we can restart the Constitution by amending it in a new constitutional convention or a convention of the states.
I am against this idea. It is bad enough that we already have a government that refuses to be confined by the constitution we have. I can only imagine the unholy hell they could release onto us if they did not even have that minimal formality of restriction. If a new convention were called to amend the Constitution, who do you think will be sent as delegates? Who will be the principle authors? Will it Be Thomas Jefferson, George Mason, and Benjamin Franklin? Not likely. It is far more likely it will be Saul Alinsky, Bill Ayers, and Valery Jerret.
Instead of a clearly written compact between the people and their government, we will get a “new situation” and a “new Understanding” under which we can all maximize our potential. Our new rights will include health care and housing and some collective sort of “self defense” provided by the state. There will be no individual right to bear arms.
There is nothing wrong with our current Constitution that could not be cured by ENFORCING IT.
If you fear that elections cannot possibly win the day in future elections, then how can a new constitutional convention fail to represent those same electoral margins that you already cannot win? The majority that you despise today will certainly dominate any attempts at amending the Constitution tomorrow. The insiders in the ruling class and the long term establishment party people will dominate the process as they always have and you will lose even faster than our current system is crushing you.
BUT… If I were hired to rewrite the Constitution to improve things that I think are wrong…
1. Eliminate the Senate. Reason: Since they are no longer appointed by the states they are nothing more than a redundant house of representatives. They are a body of 100 empowered princes and princesses with no real responsibilities. Send them home. Redistribute their powers to the House, henceforth called the General Assembly.
2. Define citizenship and residency. Only citizens may vote. Citizens will be all current citizens and their children and those who are naturalized. You cannot be a citizen just by being born here if your parents are citizens of some other country. Reason: This ends the anchor baby problem. It is the easiest way to cure the illegal immigration problem since even getting here will never grant permanence to the alien, even if they have kids here.
3. All voting will be in person, by people presenting picture ID. All voting will be a matter of public record, open to inspection, easily audit-able. Reason: The People are restrained from rebellion, not because the vote always goes their way, but because they believe the vote is fair. For the Nation to endure, the vast majority of American citizens must believe that their vote is fair and will not be diluted by the foreigner, the mentally defective, or the fraudulent manufacture of votes.
4. The General Assembly will meet and conduct their business on-line. Their public offices in D.C. will be gutted and used for some other purpose. I suggest storage of records, or a dormitory for homeless people. Reason: With modern telecommunications there is no good reason to pay elected officials to travel ANYWHERE, or to maintain their offices in the National Capital.
5. Any federal officeholder who is voted out of office, has his authority immediately suspended as soon as the election results are announced. Reason: It is unconscionable to permit people to vote on legislation who are demonstrably NOT representing anyone (Obamacare). Thus, a President who wants to pardon a key fundraiser, would have to do it BEFORE the election and have his actions still subject to the voter’s anger.
6. Rewrite the 2nd Amendment: The individual right to keep and bear arms is essential to the governance a free society. This government, the states, and subvisions of the states and territories shall not have the power to restrict the sale, manufacture, distribution, or ownership of arms or ammunition by any citizen residing in the USA. This right may only be restricted by a competent court as a result of mental incapacity or criminal incarceration. Reason: I know that things are going our way on this issue now, but I remember not too long ago that they were not.
7. Require that the Census will be abandoned. Reason: With our current technology, there is no reason why the Federal government does not already have the names and addresses of every living person in the USA today. It is a simple matter of hit the “count” button to know how many there are from day to day. Apportionment of representatives shall be limited to the number of citizens. Reason: California has at least ten representatives extra based on the number of Mexicans living in California. Even though those representatives are elected by (nominally) citizens, their strength in the House is determined by those alien populations. This undermines the strength of the legal citizen vote in every other state. The number of representatives shall be calculated and posted every two years and limited to 500 total. The territories shall have no representatives and no shadow representatives (membership has its privileges).
8. Representatives shall be elected from each state on an “at large” basis, not representing a geographical district. Reason: This will eliminate gerrymandering and the harms that come from it. It is immediately cure the election of mentally deficient people since there won’t be any specially drawn districts for them to claim. This will also undermine establishment parties and create an environment where everyone is indeed represented by someone who is ideologically aligned with themselves.
9. The Powers of the federal government shall be enumerated and the federal government shall be forbidden from exercising other powers unless new powers are added to the enumerated list by amendment.
10. The Federal government shall be immune from punitive damage suits, but individuals within the government, be they elected or appointed, may be held personally liable for the harm their decision cause. Reason: The taxpayers should not be on the hook for harm that politicians and bureaucrats do.
11. No federal funds may be used to sue the federal government or the government of any state. Reason: Prevents the professional suit-filer from making a living at the expense of the People.
12. No member of the armed forces of the USA may be stationed outside the boundaries of the USA or its territories without the expressed permission of the General Assembly.
13. The federal government may not borrow money for any purpose. The budget shall be balanced every year and no money may be spent that is not accounted for in the annual budget.
14. The Supreme Court is specifically forbidden from interpreting the Constitution. Reason: They are not granted this power under the constitution and giving them this power gives them the power to amend their own powers without limit. Justices shall be popularly elected every nine years, one per year, serving a single term of nine years. They may not serve a second term. Vacancies shall not be filled except by election. If the membership falls below 7 serving members, the Supreme Court shall suspend functioning until the vacancies are filled.
15. The federal government may not give money or anything of value to a foreign government. They may not guarantee loans for other persons, groups, or governments.
16. The Sergeant at Arms in the General Assembly shall be popularly elected. His primary function shall be to monitor the on-line deliberations and when any representative proposes legislation that exceeds the authorities of the Federal Government, the SaA shall travel to that representative and kick him/her in the nuts/vagina. He shall be immune from prosecution but may be removed by 2/3 vote of the Assembly.
Those are just some of my ideas. I have more, but that is enough for now. But do not be fooled. Even if everything I propose were adopted it would all still fail in a short while. There are no rules that may be adopted by men that cannot be subverted by other men, acting in their own interest.
Departments I would disband:
- Homeland Security
- Health and Human Services
- Veterans Affairs
- Department of Education
- Department of Energy
- Commerce Department