Saturday, February 16, 2008

I Tip My Hat to the New Constitution- Final Part

Okay, I’m all rested up and ready to resume work on the new Constitution. However for this, the final installment, I believe I will write it up as a barebones summary, so I won’t worry your pretty little heads with too many details. I do this for two reasons: First, I think I may be getting too far ahead of the groundswell of grassroots support for my new Constitution. Second, writing this malarkey is more time-consuming than I thought.

To review, Article I was an awesome Bill of Rights. Article II laid out the plans for a bicameral legislature. The Senate featured two Senators from each state, one popularly elected, the other appointed by the state government. The “Peoples House” was comprised of 100,000 person districts with one representative randomly chosen from the citizenry.

Article III
The Executive

All executive powers are lodged in a 5-member Executive Council (E.C.). Each “Executor” shall be popularly elected as the head of one of 5 Federal Departments: Dept. of State, Dept. of Defense, Treasury Dept., Dept. of Justice and Dept. of Public Safety. The council shall elect its chief Executor who will preside over their meetings. [A single executive just concentrates too much power in one man’s hands. This way the people can assemble their own executive dream team. I think Switzerland has something similar, of course mine is cooler.]
The council shall appoint the heads of lesser independent bureaus and agencies as proscribed by law. The council shall vote on legislation passed by Congress. Normal votes only require a simple majority of the E.C.
Special E.C. votes:
1)To order the military to conduct domestic civil policing shall require an affirmative vote of the Executors of Defense, Justice, AND Public Safety, and may only be done after a written request from the governor of the state in which the operation is to take place. Troops may not be so used for a period longer than 96 hours without approval from Congress AND the state legislature.
2) Except for routine training missions at the behest of a host nation, troops may not be deployed into foreign territorial land or seas longer than 96 hours without approval from Congress. Such deployment shall require the assent of both the Executor of Defense AND State (as well as at least one other Executor). With approval from Congress, troops may be so deployed no longer than 30 days without a Declaration of War vote of the people.
3)Any negotiated treaty must be approved by both the Executors of State AND Treasury (and one other) before it is transmitted to Congress for ratification.

There will be one non-voting, independent Inspector General, with full power to investigate waste, fraud, abuse and usurpation by and against the Federal Government, and report his findings to Congress and the public quarterly.

Executors can removed by a petitioned recall election by the people. A 60% supermajority is required to remove one.

Article IV
The Judicial

There shall be a three-person Supreme Court and lesser federal courts as proscribed by law.
The Supreme Court Justices shall each be elected to a SINGLE 12-year term, staggered between the three. There will be modified electoral college to elect a Justice: Each state gets one electoral vote for each seat it has in Congress. Each congressional district’s vote shall go to whichever Supreme Court candidate got the most votes in said district. The two votes for the state’s two Senators shall go to whichever candidate garnered the most votes statewide. [Unlike the “winner take all” electoral system we now use for the President, this would be “winner take most.”] The court shall elect its own Chief Justice who shall preside.

Justices may be removed by the usual method of recall election, but shall require a 75% vote to remove.

Article V
Other Stuff

How A Bill Becomes a Law:

Method 1 (In-House): The Bill must pass both houses of Congress (same as now), it is then sent to the Executive Council who can veto it in whole or in part (line item veto). If the E.C. approves it, it is sent to the Supreme Court who shall vote only “Constitutional” or “Unconstitutional.” [Automatic judicial review… I’m so clever!] If the Supreme Court declares it constitutional it becomes law, if not it is null and void.

Method 2 (National Referendum): Congress may put it out to the people to vote on. If it passes with less than 75% of the vote, it shall be reviewed by the Supreme Court for Constitutionality. If it receives more than 75% of the vote it becomes an amendment to the Constitution.

Method 3 (National Initiative): If petitioned by at least 5% of the people in at least 10 states or petitioned by the legislatures of at least 10 states, an initiative shall be placed on the national ballot for a vote of the people. Requirements are then the same as for Referendum.
*All laws expire 10 years after passage, unless repealed before then or renewed at that time.

Special Bills requiring a vote of the people:
1) Any bill that would raise government revenues except for fines and user fees.
2) Any bill that would incur public debt.
3) Declarations of war.
4) Accessing the “Peoples Fund.” (See below.)
5)Amending the Constitution requires 75% vote of the people.

Special Budgetary Restrictions:
1)Federal Gov’t can spend no more than 99% of its yearly revenues. The remaining 1% shall be placed in a special “Peoples Fund,” the principal of which may only be accessed by a vote of the people.
2) Total expenditures cannot raise by more than 5% over the previous year without a 2/3 supermajority vote of Congress.
3) If the government shall have a surplus of $1 billion or more, at least half shall be rebated to the people, at least one quarter shall be put toward the national debt, if any.

Okay, that’s it. The best darned Constitution since the last one. Now I hope you people will get a move on and adopt it, lest a begin to think that the American people aren’t just my willing minions after all.

1 comment:

Bawb said...

Whoa, you left out a whole bunch of stuff in the executive branch. You know, known of this kooky 96 hours or 30 days stuff. Shouldn't the President have the right to delpy troops overseas and keep them there for years or decades without no steenking delcarartion of war? And what about the power to make back-door deals with the Mexicans when nobody's looking? How about detaining hecklers without trial for indeterminate periods of time? Hunh, what about that? Then there's using your office's politican clout to lean on court justices about how they "should" rule, especially on 2nd Amendment issues. Or what about creating executive orders that essentially, "in case of an emergency" of course, make you dictator for life and enable you to confisciate everybody's stuff?

Hey wait a minute! You guys aren't from the pizza place! None of that stuff I just mentioned is in the present Consitution either! Hmmmm.