The Personal Website of Mark W. Dawson


Containing His Articles, Observations, Thoughts, Meanderings,
and some would say Wisdom (and some would say not).

A New U.S. Constitution

This proposal is to modernize the Constitution for the 21st century,
make it more readable and understandable to a layperson,
and to more clearly delineate the roles and responsibilities of the Federal Government.



Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article. I. – Legislative BranchTop

Section 1 – Legislative PowersTop

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2 - The House of RepresentativesTop

The House of Representatives shall be composed of Members chosen every second Year by the legal citizens of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty-five years, and have been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of the Legislative District in which they shall be chosen.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of legal citizens and legal residents in each State, excluding Indians not taxed nor illegal residents. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the inhabitants of such State, those inhabitants being twenty-one years of age or older, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such citizens shall bear to the whole number of citizens twenty-one years of age or older in such State. The actual Enumeration shall be made within every subsequent Term of ten years, in order to determine the number of Citizens, lawful residents that are not citizens of the United States, and Unlawful residents of the United States, and in such Manner as they shall by Law direct. The Number of Representatives shall be one Representative per seven hundred thousand Citizens, rounded up to the nearest odd number, but each State shall have at least one Representative. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies[i].

The State Legislatures shall be responsible for redrawing the Congressional Districts within their State and they shall do so within nine months after the completion of an Enumeration. If a State Legislature is unable to complete this task within nine months the United States House of Representatives will appoint a commission composed of nine members of the House of Representatives who are not from the State so affected, and the two Senators from the State so affected, to redraw the Congressional Districts of a State within six months. Upon a majority vote of the House of Representatives at the end of this six-month period the State so affected Congressional Districts will be fixed until the next Enumeration. The Congressional Districts shall be primarily based on the municipal and county government boundaries, and each Congressional District shall be of composed of the approximately equal number of citizens, but in no case should these Congressional Districts be drawn in such a way as that would result in a violation of constitutional or civil rights. No State or Federal Court shall be involved in the redrawing of Congressional Districts other than to determine if the redrawn Congressional Districts are a violation of Constitutional or Civil Rights[ii].

No elective representative of the House of the United States Congress shall serve more than six consecutive terms of two years[iii].

The House of Representatives shall choose their Speaker and other Officers.

The House of Representatives shall have the sole Power of Impeachment for the President, Vice-President, and Executive Branch officers. No impeachment proceedings may be initiated except by a majority vote of approval by the House of Representatives, and no Articles of Impeachment may be passed except by a three-fifths vote of approval by the House of Representatives. During Impeachment Hearings by the House of Representatives, the Due Process rights of the accused, such as available to all Americans in legal proceedings, shall be respected and enforced.[iv].

Section 3 - The SenateTop

The Senate of the United States shall be composed of two Senators from each State, elected by the legal citizens thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, that the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

No person shall be a Senator who shall not have attained to the Age of thirty years, and have been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which they shall be chosen.

No elected representative of the United States Senate shall serve more than three consecutive terms of six years[v].

The Vice President of the United States shall be President of the Senate but shall have no Vote unless they are equally divided.

The Senate shall choose their other Officers, and also a President pro tempore, in the absence of the Vice President, or when they shall exercise the Office of President of the United States.

The Senate shall consider and schedule a vote to approve or reject a Presidential appointee by a majority vote of the Senators within one hundred and twenty days from the submittal by the President to the Senate of said appointee name and the submission of their requisite resume and financial disclosure statements. In the case of the failure of the Senate to approve or reject the Presidential nominee within one hundred and twenty days, the Presidential appointee will automatically be granted their appointment[vi].

The Senate shall have the sole Power to try by tribunal all Impeachments from the House of Representatives, and the sole Power for the impeachment and removal by tribunal for Justices and Judges of the Judiciary Branch. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present[vii].

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law.

Section 4 - Elections, MeetingsTop

The Places and Manner of holding Elections for Senators and Representatives, and for the President and Vice President, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations. The elections and casting of votes for Senators and Representatives, and for the President and Vice President, shall occur on the first Tuesday after the first Monday in the month of November in even number years as prescribed by this Constitution. The Congress shall make laws and regulations, and the President shall enforce such laws and regulations, to assure the integrity of the elections. The Judicial Branch shall have no jurisdiction in the casting and counting of votes, except to assure the election laws and regulations for the casting and counting of votes are constitutional. Such determination by the Judicial Branch of the constitutionality of the casting and counting of votes shall occur prior to the casting and counting of the votes. Disputes as to the casting and counting of votes are to be resolved by the State legislators as prescribed in each State by the Legislature thereof. No votes shall be cast prior to the date of the election, except in the case of when a voter will be absent from their district, or physically incapable of voting on election day where their vote is recorded. These laws and regulations shall assure that every legal voter has the opportunity to vote, and no ineligible voter shall cast a vote.[viii]

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January unless they shall by law appoint a different day.

Section 5 - Membership, Rules, Journals, AdjournmentTop

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.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than twenty-one days, nor take a vacation exceeding six weeks, nor meet in any other Place than that in which the two Houses shall be sitting[ix].

Any Representative or Senator who is absent for more than seven consecutive weeks from a session of Congress, whether it be from illness or injury or other reasons, shall be considered to have vacated their seat and shall be replaced as their State Legislature so proscribes in their election laws.[x]

Section 6 – Compensation and PrivilegesTop

At stated Times, all Representatives and Senators shall receive an annual salary and annual pension benefits for their Services a Compensation, which shall not be diminished during their Continuance in Office. No law, varying the compensation for the services of the Senators and Representatives, shall take effect until an election of Representatives shall have intervened.

They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which they were elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during their Continuance in Office.

Section 7 - Revenue Bills, Legislative Process, Presidential VetoTop

All bills for raising Revenue shall originate in the House of Representatives, but the Senate may propose or concur with Amendments as on other Bills.

All proposed laws that have been passed by the House of Representatives or the Senate, must be posted electronically and in print, for review by the Citizens of the United States, for a period of one hundred and twenty hours prior to a vote of passage by the House of Representatives and the Senate, excepting in those cases that the President of the United States, The Speaker of the House, and the President Pro Tempore of the Senate have unanimously declared in a written and signed exemption that due to National Security considerations that this posting will not be required[xi].

The Congress shall pass, and the President of the United States shall approve a two-year budget within seven months of the start of a new Congress of the House of Representatives. This budget will go into effect nine months after the start of the new Congress of the House of Representatives, and shall only be modifiable with a three-fifths approval of both the House of Representatives and the Senate, and the approval of the President of the United States. If the President objects to this budget or to any modifications of a budget, with a two-thirds vote of both the House and Senate to override a Presidential objection the budget shall become Law. The President may object to sections of this budget or sections of a modified budget, and the budget will become law without these Presidential objections incorporated, but on a three-fifths vote of both the House and Senate to override a Presidential objection of a section the said section shall become part of the budget[xii].

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If they approve they shall sign it, but if not they shall return it, with their Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration three-fifths of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by three-fifths of that House, it shall become a Law. But in all such cases, the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if they had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by three-fifths of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

All rules and regulations created by the Executive Branch pursuant of the delegated responsibility by Congress for the creation of said rules and regulations must be approved by a majority of votes by the House of Representatives and the Senate before they can become effective. All legal consent agreements entered into by the Executive Branch with any party must be approved by a majority of votes by the House of Representatives and the Senate before they can become effective. Abuse of this Executive Branch responsibility may be considered grounds for impeachment by the House of Representatives[xiii].

Section 8 – Congressional OversightTop

The United States Congress shall have the right to oversee the Executive Branch, including the numerous U.S. federal agencies. Congressional oversight includes, but is not limited to, the review, monitoring, and performance or operations inspections of federal departments and agencies, programs, activities, expenditures, and policy implementation. Oversight also occurs in a wide variety of congressional activities and contexts. These include authorization, appropriations, investigative, and legislative hearings by congressional committees and sub-committees, and by congressional support agencies and staff. Congress shall, at a minimum, have an oversight committee for each Cabinet and Executive Agencies as defined in Article II Section 4 of this Constitution. All congressional committees and sub-committee oversight hearings shall be in open sessions excepting in the cases of national security, active Justice Department investigations or prosecutions, or other sensitive Executive department activities as determined by Congress and the Executive Department. Only the evocation of Executive Privilege or the Right of Self-Incrimination by Executive department personnel shall be grounds for failure to answer the questions of Congressional committees and sub-committees. In the cases of national security, active Justice Department investigations or prosecutions, or other sensitive Executive department activities such answers shall be given in a closed session of the congressional committees and sub-committees. All legal and proper Congressional Subpoenas of Executive branch personnel and material must be honored, and failure to honor such subpoenas shall result in a Contempt of Congress prosecution of the Executive personnel responsible for compliance of the subpoena. The Appellate Court for the District of Columbia shall be the first court to adjudicate the legality of a Congressional Subpoena, with an appeal from either party to the Chief Justice of the United States Supreme Court. Failure of the Executive branch to cooperate and be responsive in a timely manner with Congressional oversite may be considered grounds for impeachment by the House of Representatives of the President of the United States or Executive officers responsible for responding to a Congressional request for information or subpoenas[xiv].

Section 9 – Enumerated PowersTop

The General Welfare of the United States shall be construed as to mean only those enumerated powers of the Federal government, as defined by this Constitution[xv]. These Enumerated Powers shall not infringe upon the Natural Rights of the people as defined by Article VII of this Constitution;

The enumerated powers of the Congress are:

1. Declare WarTop

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land, Water, Air, and Space;

2. Budget, Appropriations, and TaxesTop

The power to establish a budget, appropriate monies, and lay and collect taxes as specified in Article I Section 7, and Article I Section 10.

3. Homeland SecurityTop

To provide and maintain a Homeland Security Force for the protection of all citizens and legal residents of the United States and its territories from internal enemies’ intent on the death, harm, or destruction of the peoples or properties within the United States and its territories, and to make Rules for the Governance and Regulation of such a Homeland Security force;

4. Armed ForcesTop

To provide and maintain an Army, a Navy, an Air Force, and a Space Force, and to make Rules for the Governance and Regulation of such forces;

5. National SecurityTop

To establish, provide for and maintain an Intelligence Services that is responsible for the gathering of information on Foreign Countries, Foreign Organizations, and Foreign Individuals necessary to conduct Foreign Policy, National Security, and Military Preparedness, and to make Rules for the Governance and Regulation of such services;

6. State MilitiaTop

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; and 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 Congress;

7. Constitute CourtsTop

To constitute District Courts and Tribunals inferior to the Supreme and Appellate Courts;

8. PiraciesTop

To define and punish Piracies and Felonies committed on the high Seas, airways, and space and Offences against the Law of Nations;

9. Regulate Commerce and LaborTop

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Nations. To regulated fair labor practices and safe workplace conditions for those entities engaged in interstate commerce or are the recipients of Federal monies, and to promote practices for a vibrant and educated American workforce;

10. Interstate TransportationTop

To promote, create and maintain, and to regulate interstate transportation systems to assure the safety, security, and reliability of such systems to include, but not limited to, interstate highways, Interstate bridges and tunnels, Interstate waterways, Interstate air traffic, Interstate railways, Interstate water transportation, and Interstate fuel transportation;

11. Interstate CommunicationTop

To promote and regulate Interstate communication systems to assure the safety, security, and reliability of such systems to include, but not limited to; Interstate telephone systems, Interstate radio systems, Interstate television systems, Interstate cable communication systems, and Interstate data transmission systems;

12. Interstate EnergyTop

To promote and regulate Interstate energy systems to assure the safety, security, and reliability of such systems to include, but not limited to; Interstate Energy Production, Interstate Energy Distribution, and the Interstate Energy Production and Distribution redundancy for purposes of Failure Recovery;

13. Interstate HarmTop

To regularize and regulate any activity that causes a direct harm to a State or its people through the actions of another State or its people. To provide for the Prosecution and Punishments of the individual(s), organizations or commercial entities involved in activities that cause Interstate harm through gross negligence or willful misconduct by the individual(s), organizations or commercial entities causing such harm;

14. NaturalizationTop

To establish a uniform Rule of Naturalization;

15. Borrow Money, Coin Money, and Print NotesTop

To borrow Money on the credit of the United States. To coin Money and print Bank Notes, regulate the value thereof, and of foreign Coin and Notes, and to provide for the Punishment of counterfeiting the Securities and current Coin and Notes of the United States;

16. BankruptciesTop

To establish uniform Laws on the subject of Bankruptcies throughout the United States;

17. Banking, Securities, and Financial InstitutionsTop

To establish and promote banking, securities, and financial institutions within and between the States, and regulations to assure the safe and secure activities of these institutions, and to provide for the Punishment of theft, fraud, and embezzlement within and between these institutions;

18. Fix StandardsTop

To fix the Standard of Weights and Measures, and other scientific, engineering and technology standards necessary for the smooth operation of science, engineering, and technology;

19. Postal Offices and RoadsTop

To establish Post Offices and Postal Roads within the States;

20. Patents and CopyrightsTop

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors, Artists, Film Makers, Composers and Inventors the exclusive Right to their respective Writings, Artwork, Motion Pictures, Compositions, and Inventions and Discoveries;

21. DrugsTop

To control and regulate a drug which has been declared by federal statute to be illegal for sale or use except to be dispensed under a physician's prescription. The basis for such control and regulation is the danger of addiction, abuse, physical and mental harm (including death), the trafficking by illegal means, and the dangers from actions of those who have used the substances;

22. Food and DrinkTop

To control and regulate Food and Drink for human and animal consumption to assure the health and safety of the consumers of the food and drink;

23. Minor ChildrenTop

To provide for the raising of revenues, and the expenditure thereof, to allow for the payments of monies to the parents or the legal guardians of minor citizens or minor legal residents of the United States to sustain their minimal necessities of shelter, food, clothing, medical, and educational expenses. A minor child is defined as a person who is under the age of eighteen years. Under no circumstances shall the revenues collected exceed the expenditures allocated in the current budget of the United States;

24. Senior AdultsTop

To provide for the raising of revenues, and the expenditure thereof, to allow for the payments of monies to senior citizens or senior legal residents of the United States to sustain their minimal necessities of shelter, food, clothing, and medical care. A senior person is defined as a person who has obtained the age of seventy years. Under no circumstances shall the revenues collected exceed the expenditures allocated in the current budget of the United States;

25. District of Columbia and Federal PropertiesTop

To exercise exclusive Administration in all Cases whatsoever, over the District of Columbia (not exceeding one hundred Miles square) which is the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings. The District of Columbia shall be reserved exclusively for the administrative offices of the Federal Government or such offices as the Congress deem necessary for the functioning of the Federal government. This shall include, but not be limited to, Federal Offices, Commercial Offices that interact with the Federal Government, Embassies and Consulates of Foreign governments, Non-Profit organizational offices, National Museums and Institutions, National Parks, and Hotel accommodations for visitors to the District of Columbia. No residential structures will be permitted in the District of Columbia, excepting for housing for the President and members of Congress, the Judges of the District and Appellate Courts for the District of Columbia, the Justices of the Supreme Court, and appointed officials of the United States government;

26. Necessary and ProperTop

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.

Section 10 - Limits on CongressTop

The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, at the same fixed rate for all persons or entities, up to but not to exceed 20% of said income, and without apportionment among the several States, and without regard to any census or enumeration. No exemptions nor deductions, or different rates for any income for persons or entities, or from whatever source derived are permitted. The Congress may exceed the 20% limitation in times of a declared war or national emergency, by a two-thirds vote approval by the House of Representatives and the Senate for a declared war or national emergency, and such excess shall end within one year unless extended on a yearly basis by a two-thirds vote approval by both the House of Representatives and the Senate[xvi].

The Congress shall have the power to impose non-income taxes and fees for Federal governmental services rendered in the performance of its enumerated powers that are necessary and proper for the performance of its duties and responsibilities. Such Congressionally mandated non-income taxes and fees are, but not limited to, taxes and fees on Banking, Securities, and Financial Institutions, Interstate Transportation systems, Interstate Communication systems, Interstate Energy systems, Interstate Commerce fees, Postal Fees, Drug producers and manufactures, Food and Drink producers and manufactures, Interstate Commerce fees, Energy, Water, and Fuel Consumption taxes, and taxes to support Senior Adults and Minor Children.[xvii]. All non-income taxes and fees imposed by Congress shall not be excessive for their intended purposes, and such non-income taxes and fees shall not be expended for any other purposes other than what they were intended[xviii].

The Congress shall not pass to budget in which the expenditures are greater than the projected revenues within the budget unless a two-thirds vote of both the House and the Senate allows for greater expenditures than revenue. Any excess revenues that may occur as a result of this budget shall be utilized to pay any outstanding debts of the Federal Government. Any deficits incurred by the current budget shall be compensated for in the next tax rate and budget passed by Congress, and such compensation will be utilized to pay any outstanding debts of the Federal Government. Failure to pass a budget in the prescribed time will result in the previous budget being implemented as the current budget, but this budget may be modifiable by a three-fifths vote of both the House and the Senate with the approval of the President of the United States. There shall be no other means of governmental funding and expenditures except through the approved budget or modified budget, as specified herein of this Constitution.[xix].

In all Laws, Regulations, Proceedings, and Judicial actions all peoples within the United States shall be treated equally. There shall be no unequal treatment based on race, religion, gender, sexual orientation, socioeconomic status, national origin, ethnicity, ancestry, age, veteran status, physical or mental disability, military service, the State or Locality of Residence, or political affiliation[xx].

The payments of retirement income and retirement medical benefits may be adjusted to the economic contingencies of the State or Local providences of the residence of the retiree. The payments of expenses of minor children may be adjusted to the economic contingencies of the State or Local providences of the residence of the minor children. Regarding Federal Grants or Financial Aids, the socioeconomic status of the individual may be considered to determine the amounts of the Federal Grants or Federal Aids. In times of a declared National Emergency, the State or Local residency may be considered for Federal emergency relief expenditures[xxi].

The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Laws, Regulations, Directives, Taxes, or Fees shall be imposed on commercial activities by an individual, organization, or commercial entity that occur wholly within the borders of an individual State, except in the cases of the enumerate power of Interstate Harm[xxii].

No Laws, Regulations, and Directives regarding Alcohol, Tobacco, or Marijuana usage, as these controls and regulations are reserved to the States respectively. Congress may tax, impose fees, and regulate the interstate transportation of Alcohol, Tobacco, or Marijuana. Congress may also Prosecute and Punish the trafficking by illegal means of Alcohol, Tobacco, or Marijuana across National and State borders.

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 on a yearly basis.

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 Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.

Section 11 – States ProhibitionsTop

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

No State shall redraw their Congressional Districts after an Enumeration excepting on the basis of county and local governmental boundaries, and each Congressional District shall be composed of the approximately equal number of citizens, but in no case should these Congressional Districts be drawn in such a way as that would result in a violation of constitutional or civil rights[xxiii].

No State or Locality shall by any Law, Regulation, or Directive contradict or contravene any Federal Law, Regulation, or Directives of the Federal Government. Any such challenge to Federal Law, Regulation, or Directives from a State or Local Government shall be adjudicated in the District Court for the District of Columbia, and the Federal Law, Regulation, or Directives may only be stayed by the District Court for the District of Columbia, the Appellate Court for the District of Columbia, or the United States Supreme Court[xxiv].

Article. II. – Executive BranchTop

Section 1 - The PresidentTop

The executive Power shall be vested in a President of the United States of America. They shall hold their Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:

Section 2 – Election and Retention of the PresidentTop

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The winner of the popular vote within the State will receive the Electors of the number of Senators, and the winner of the popular vote within the Congressional district shall receive the Elector of the Congressional district for which they won the popular vote.

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The Electors shall not be constrained by State law as to their votes, but must vote for the persons of their choosing. It shall be a federal criminal offense to bribe, intimidate, or coerce an Elector as to the person that they will vote for. The States shall not aggregate the Electors votes to the entire State by any means;[xxv]

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.

The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, and the terms of their successors shall then begin.

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January unless they shall by law appoint a different day.

If at the time fixed for the beginning of the term of the President, the President-elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of their term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

In case of the removal of the President from office or of their death or resignation, the Vice President shall become President.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives a written declaration that they are unable to discharge the powers and duties of their office, and until they transmit to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of their office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that no inability exists, they shall resume the powers and duties of their office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of their office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of their office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of their office.

The President shall, at stated Times, receive an annual salary and annual pension benefits for their Services a Compensation, which shall neither be increased nor diminished during the Period for which they shall have been elected, and they shall not receive within that Period any other Emolument from the United States or any of them.

Before they enter on the Execution of their Office, they shall take the following Oath or Affirmation:

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

Section 3 – Presidential Powers and DutiesTop

The President shall be Commander in Chief of the Armed Forces of the United States, and of the Militia of the several States, when called into the actual Service of the United States; they may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and they shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

The President shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur; and they shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme and Appellate Courts, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall be responsible for securing the borders of the United States for the protection against illegal immigration or criminal activities, and for protecting its inhabitants from all enemies, both foreign and domestic, and the President shall uniformly enforce the Rule of Naturalization as the Law prescribes. The President shall have the power to call upon the Armed Forces and the State Militias to secure the borders. The failure to secure the borders may be considered grounds for impeachment by the House of Representatives[xxvi].

The President shall have the Power to call upon the Armed Forces and the State Militias to suppress an armed rebellion against the United States. Such suppression of armed rebellion shall not exceed ninety days unless authorized by the House of Representatives and the Senate by a two-thirds vote of approval of such suppression. The failure to suppress an armed rebellion, or to exercise this authority inappropriately may be considered grounds for impeachment by the House of Representatives [xxvii].

The President shall have the Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 4 – Organization of the Cabinet and Executive AgenciesTop

The President of the United States shall form a Cabinet to advise the President and administer the Executive Branch operations. These departments are, but not limited to[xxiii]:

  • Department of Agriculture
  • Department of Commerce and Labor
  • Department of Communications
  • Department of Defense
  • Department of Energy
  • Department of Homeland Security
  • Department of Human Services
  • Department of Inspector Generals
  • Department of Justice
  • Department of National Security
  • Department of State
  • Department of the Interior
  • Department of the Treasury
  • Department of Transportation

Addition Cabinets and executive agencies may be created with Congressional authorization. The Civil Service staff (non-appointed members) of the Cabinets and executive agencies shall be protected from capricious removal by the Executive officers of the United States. However, any illegal conduct, actions or statements inconsistent with their performance of duties and responsibilities, unsatisfactory performance of their duties and responsibilities, unacceptable personal conduct, or failure to conduct themselves in a manner consistent with their duties and responsibilities shall be grounds for removal. They may also be removed for insubordination of lawful orders and instructions, or defiance or obstruction from Executive officers’ instructions. They may also be removed because of reorganization or reductions of staffing as Congress or the President has deemed proper. Congress shall establish the Standards of Conduct for Civil Service employees and the Due Process means of removal of a Civil Service employee. Such removal shall be the responsibility of the Department of Inspector Generals[xxix].

Section 5 – Executive PrivilegesTop

In Legislative Branch dealings, the Executive Branch the President of the United States and other members of the executive branch of the United States Government have an Executive Privilege that can be utilized to resist certain subpoenas and other interventions by the Legislative Branch of government in pursuit of information or personnel relating to the Executive Branch. This Executive Privilege extends to Presidential Advisors but is a limited privilege for appointed officers of the Executive Branch. Congressional Oversight may or may not override Executive Privilege, with such disputes being resolved by the District of Columbia Appellate Court with a possible appeal from either party to the Chief Justice of the United States Supreme Court[xxx].

In Judicial Branch adjudication, the President has a qualified privilege, which once invoked, creates a presumption of privilege, and the party seeking the information or documents must then make a sufficient showing that the Presidential material is essential to the justice of the case. Such determination shall be made by the District Court for the District of Columbia, with appeals to the District of Columbia Appellate Court whose decisions may be appealed to the Chief Justice of the United States Supreme Court. [xxxi].

All Executive orders or directives, and signing statements, are subject to legal challenges excepting in those cases that the President of the United States has declared a national emergency, or they are in the exclusive prerogative of the Executive powers as vested in this Constitution, or if they have “no general applicability and legal effect.” Challenges by Congress to the utilization of this Presidential authority shall be resolved by the District of Columbia Appellate Court with a possible appeal from either party to the Chief Justice of the United States Supreme Court. All other challenges to this Presidential authority shall be through the District Court for the District of Columbia, with appeals to the District of Columbia Appellate Court whose decisions may be appealed to the Chief Justice of the United States Supreme Court. Abuse or inappropriate utilization of this Presidential privilege may be considered grounds for impeachment by the House of Representatives[xxxii].

All Executive rules and regulations pursuant of Congressional authorization, signing statements, and legal consent agreements must be approved by a majority of votes by the House of Representatives and the Senate before they can become effective, excepting in those cases that the President of the United States has declared a national emergency, or they are in the exclusive prerogative of the Executive powers as vested in this Constitution, or they are for the implementation of laws, rules, and regulations approved by Congress, or if they have “no general applicability and legal effect”. Congressional challenges to the utilization of this Presidential authority shall be resolved by the District of Columbia Appellate Court with a possible appeal from either party to the Chief Justice of the United States Supreme Court. All other challenges to this Presidential authority shall be through the normal judicial process. Abuse or inappropriate utilization of this Presidential privilege may be considered grounds for impeachment by the House of Representatives[xxxiii].

Section 6 - State of the Union, Convening CongressTop

The President shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as the President shall judge necessary and expedient; the President may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, the President may adjourn them to such Time as the President shall think proper; the President shall receive Ambassadors and other public Ministers; the President shall take Care that the Laws be faithfully executed, and the President shall Commission all the Officers of the United States. Failure to faithfully exercise these responsibilities may be grounds for impeachment by the House of Representatives.

Section 7 - DisqualificationTop

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. The President and Vice President may also be removed from office for failure to perform their duties and responsibilities as explicitly stated in this Constitution. The President, Vice President and all Civil Officers of the United States removals shall be initiated by a House of Representatives Article of Impeachment supported by a three-fifths vote of approval by the members of the House of Representatives. All House of Representatives Articles of Impeachment must be submitted to the Senate within ten days of approval for a tribunal of the full Senate to determine if the President, Vice President and any Civil Officers of the United States shall be removed from office. The removal of a President or Vice President shall be by two-thirds vote of approval by the Senate, or with a three-fifths vote of approval for a Civil Officer, by the full Senate for removal[xxxiv].

Article III. – Judicial BranchTop

The Judicial Power of the United States shall be vested in one Supreme Court composed of eleven members, one of who will be designated as the Chief Justice of the United States. There shall be ten Appellate Courts for the States and one Appellate Court for the District of Columbia. District Courts will be established as the Congress may from time to time ordain and empower, but a District Court shall be established for the District of Columbia[xxxv]. The President of the United States shall nominate a person to fill Justices and Judges positions within fifteen days that they are created or become vacant. The Senate shall provide advice and consent or non-consent within sixty legislative days of such nomination. The failure of the Senate to provide consent or non-consent within sixty legislative days shall infer the approval of the nominee.  At stated Times, all Justices will receive an annual salary and annual pension benefits for their Services a Compensation, which shall not be diminished during their Continuance in Office.

A Supreme Court Justice shall serve a term of twenty-four years, an Appellate Court Judge shall serve a term of eighteen years, and a District Court Judge shall serve a term of twelve years. A Supreme Court Justice, or an Appellate Court or District Court Judge may be re-nominated for a second term by the President, with a majority approval by the Senate, but the duration for the second term of office shall be one-half of the original term of office[xxxvi].

Section 1 - Structure of the CourtsTop

The ten Appellate Courts for the States shall be apportioned amongst the States based on the equal population of its citizens as determined by the Enumeration of every ten years, and each Appellate Court will have a contiguous boundary along State boundaries, and each Appellate Court shall be of contiguous States. Each Appellate Courts is to be administered by an individual Supreme Court member, with the Chief Justice of the Supreme Court administrating the Appellate Court for the District of Columbia. An annual report of the activities of the Circuit and District Courts, prepared by the Supreme Court Justice responsible for the Circuit Court, shall be submitted to the Congress and the President during the Supreme Courts summer recess.

The District Court for the District of Columbia and the Appellate Court for the District of Columbia are for the sole purpose of adjudicating matters of Constitutional Law. Petitions from the Executive and Legislative Branches of the United States Government shall first be considered by the Appellate Court for the District of Columbia, while petitions from State governments shall first be considered by the District Court for the District of Columbia. Other standing parties who wish to challenge the Constitutionally of Federal Laws, Regulations, or Actions shall start their petitions at a local District Court with appeals of the local District Court decisions to be directed to the District Court for the District of Columbia for re-judgment. Stays or injunctions of Federal Laws, Regulations, and Actions may only be issued by the District Court for the District of Columbia, the Appellate Court for the District of Columbia, or the United States Supreme Court[xxxvii].

Upon a Petition to the Appellate Court for the District of Columbia by the Speaker of the House of Representatives, or the President Pro-Tempe of the Senate, or by the President of the United States, as to the Constitutionality of any Laws, Acts, or Rulings by the Executive, Legislative, or Judicial Branches, the Appellate Court for the District of Columbia shall adjudicate and rule on the Petition within ninety days of the receipt of the Petition. An appeal of the Appellate Court for the District of Columbia decision shall be received by the Chief Justice of the Supreme Court within thirty days, and it shall be adjudicated by the Chief Justice of the Supreme Court, or the entire Supreme Court if the Chief Justice of the Supreme Court sees fit, within a period of sixty days[xxxviii].

All appeals of a District Court decision will proceed to the Appellate Court in which the District Court resides. All appeals of an Appellate Court decision will proceed to the Supreme Court Justice responsible for administering the Appellate Court.

Section 2 - Removal of Justices and JudgesTop

No Supreme Court Justice, Appellate Court Judge or District Court Judge may be removed from their office while serving during Good Behavior or Constitutional Jurisprudence. Good Behavior shall be defined as not committing any Treason, Bribery, or any High Crimes or Misdemeanors. Constitutional Jurisprudence shall be defined as not issuing any court rulings that fall outside the scope of their vested Judicial Constitutional responsibilities. A Supreme Court Justice, Appellate Court Judge, or District Court Judge may be removed during their term of office for not exercising Good Behavior or Constitutional Jurisprudence. Such removal shall be on done by a House of Representatives Article of Impeachment supported by a three-fifths vote of approval by the members of the House of Representatives. The President of the United States may submit a recommendation for the removal of a Justice or Judge to the House of Representatives for consideration, and such a recommendation for removal shall be considered by a majority vote of approval by the members of the House of Representatives to proceed with impeachment hearings. All House of Representatives Articles of Impeachment must be submitted to the Senate within ten days of approval for a tribunal of the full Senate to determine if such Justice or Judge shall be removed from office. The removal of a Justice or Judge shall be by two-thirds vote for a Supreme Court Justice, three-fifths vote for an Appellate Court Judge, and a majority vote for a District Court Judge by the full Senate for the removal of said Justice or Judge[xxxix].

Any Justice or Judge who is absent for more than five consecutive weeks from a Judicial session, whether it be from illness or injury or other reasons, shall be considered to have vacated their seat and shall be replaced as specified in this Constitution.

Section 3 - Judicial PowersTop

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

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 the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by 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 the Congress may by Law have directed.

In any adjudication of the Constitutionality of a law, order, rule, or regulation the Supreme Court Justices and Appellate or District Courts Judges shall presume their determination based on the enumerated rights of the Federal government, and the unenumerated rights of the States or the people, until the government shows the Enumerated Power and Necessity and Properness of the law, rule, or regulation. In the filing of such constitutional challenges, the challenger must specify their legal reasoning as to why the said law, rule, or regulation is unconstitutional, and the government must legally refute these challenges based on its Enumerated Powers and the Necessary and Proper Clauses of this Constitution for the implementation of its power[xl].

No Justice or Judge of a District, Appellate, or the Supreme Court shall have any involvement in Federal elections other than to determine a violation of Constitutional or Civil Rights in the election process[xli].

Section 4 - TreasonTop

Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have the Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article. IV. – States ResponsibilitiesTop

Section 1 - Each State to Honor all othersTop

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof.

Section 2 - State citizens, ExtraditionTop

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

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 they fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 3 - New StatesTop

New States may be admitted by the Congress into this Union by a two-thirds vote of the House and the Senate; 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 a three-fifths vote of approval by the House and a two-thirds vote of approval by the Senate[xlii].

The Congress shall have the 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.

Section 4 - Republican governmentTop

The United States shall guarantee to every State in this Union a Republican Form of Government and shall protect each of them against Invasion; and on Application of the Legislature or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Article. V. – Amendment ProcessTop

The Congress, 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 the Congress;

The Amendments so ratified will be placed within the body of this document, rather than attached as amendments to this document, so as to give “We the people” a readable and understandable Constitution.

Article. VI. – Debts, Authority, and OathsTop

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 before 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. VII. – Human Rights of the PeoplesTop

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. The Human Rights of the people are inviolable and sacrosanct, as endowed by their Creator. The United States government shall not violate nor constrict any Human Rights of the People. The Congress shall have the power to enforce these unalienable rights by appropriate legislation. These unalienable Rights of the People are as follows, but are not limited to[xliii]:

Rights of the People I – Freedom of Religion, Speech, Press, Assembly, and PetitioningTop

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or restricting members of the clergy or congregation leaders from speaking on issues of public concern and political matters within the confines of their houses of worship or in any public venue. Congress shall make no law abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to the right of the people to petition the Government for a redress of grievances. No taxes or excessive fees shall be imposed on any person or organization exercising these rights.

Rights of the People II – Right to Bear Arms and AmmunitionTop

The right of the people to defend themselves, their families, and society from criminal actions and enemies both foreign and domestic, and this right being necessary to the security of a free State, the right of the people to keep and bear Arms and Ammunition shall not be infringed in any manner whatsoever. No taxes or excessive fees shall be imposed on anyone or organization exercising this right.

Rights of the People III –Utilization of Armed ForcesTop

No Armed Forces personnel 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. Except in cases and under circumstances expressly authorized by an Act of Congress, may any part of the Armed Forces of the United States be used as a posse comitatus or to otherwise execute the laws of the United States. No citizen or resident of the United States may be conscripted into a posse comitatus or into the Armed Forces of the United States except in cases and under circumstances expressly authorized by an Act of Congress.

Rights of the People IV – Search and SeizureTop

The right of the people to be secure in their persons, houses, papers, communications, 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 contents of communications shall not be violated except by Warrants, however, the utilization of public means to transmit such communications, and any public postings of such communications may be utilized for law enforcement and national security purposes.

Rights of the People V – Investigations, Trial and Punishment, Compensation for TakingsTop

No investigations of the possible criminal activities of a person are to be initiated without probable cause of the person being involved in a criminal activity.  No person shall be held to answer for a capital, or otherwise 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 equal protection of the law and due process of law; nor shall private property be taken for any reason other than public utilization, and without just compensation.

Rights of the People VI - Right to Speedy Trial, Confrontation of Witnesses.Top

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial 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 their favor, and to have the Assistance of Counsel for their defense.

Rights of the People VII - Trial by Jury in Civil CasesTop

In Suits at common law, where the value in controversy shall exceed an amount fixed by Congress after a census, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, then according to the rules of the common law.

Rights of the People VIII – Bail and PunishmentsTop

Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.

Rights of the People IX – Voting RightsTop

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, national origin, ethnicity, religion, physical disability, marital status, gender or sexual orientation, or previous condition of servitude.

The right of lawful citizens of the United States to vote shall not be denied or abridged by the United States or by any State. Unlawful residents or lawful residents that are not citizens of the United States shall not have the right to vote in any Federal, State, or Local election. The United States and all States must take legal and appropriate actions to determine a voter’s lawful status before allowing a citizen to vote, and to assure those unlawful residents, or lawful residents that are not citizens of the United States, shall not vote in any election.

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax, or any excessive regulations or procedures that would hinder their right to vote.

The right of citizens of the United States, who are twenty-one years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. All serving members of the United States Armed Forces or State Militia, regardless of age, shall have the right to vote that shall not be denied or abridged by the United States or by any State.

Rights of the People X – Rights of MinorsTop

The right of all of the citizens or legal residents of the United States under eighteen years of age to a minimal education that is sufficient to assure that they can be constructively contributing adults of the United States, and that they understand their rights, duties, obligations, and responsibilities as a citizen of the United States.

The right of all of the citizens or legal residents of the United States under eighteen years of age to minimal shelter, food, clothing, and medical care, to sustain their minimal necessities for these items, shall be the financial responsibility of the Federal Government. The States may provide additional financial or other assistance as they see fit.

The right of all of the citizens or legal residents of the United States under eighteen years of age to a safe and healthy work environment by Congressional Acts to limit, regulate, and prohibit the labor and working conditions of persons under eighteen years of age.

The right of all of the citizens or legal residents of the United States under eighteen years of age to a safe and healthy home, school, and public arena environment by Congressional Acts to limit, regulate, and prohibit Corporal Punishment of persons under eighteen years of age. The Congress of the United States may declare through Law the limitations of such corporal punishments, to include, but not limited to, physical abuse, sexual abuse, and mental abuse. The Corporal Punishment of minors by parents or other legal guardians shall not be construed as a violation of the parents or other legal guardians Human Rights to raise their children as they see fit.

The Congress shall have the power to assure that the rights of persons under the age of eighteen are not infringed upon by any State or Local Authority, or by any resident of the United States.

Rights of the People XI – Rights of SeniorsTop

The right of all of all citizens or legal residents of the United States who have obtained the age of seventy to shelter, food, clothing, and medical care, to sustain their minimal necessities for these items, shall be the financial responsibility of the Federal Government. The States may provide additional financial or other assistance as they see fit.

Rights of the People XII – Rights RestrictionsTop

Congress has the power to constrict any or all of these natural rights of the people to any resident of the United States who has been declared to be mentally incapacitated or mentally impaired. Such constrictions shall only be done through judicial due process as Congress establishes by law. Any such laws that Congress establishes to enforce this provision must undergo judicial review by the Appellate Court of the District of Columbia to determine their constitutionality, with appeals of their decisions to the Supreme Court of the United States, before they become effective.

Congress has the power to constrict any or all of these natural rights to any resident of the United States who has been declared to pose a danger to themselves or other persons. Such constrictions shall only be done through judicial due process as Congress establishes by law. Any such laws that Congress establishes to enforce this provision must undergo judicial review by the Appellate Court of the District of Columbia  to determine their constitutionality, with appeals of their decisions to the Supreme Court of the United States, before they become effective.

Congress has the power to constrict any or all of these natural rights to any resident of the United States who has been convicted of a felony through legal due process.

This Congressional power may not be superseded by a State or Local law, regulation, or authority.

Rights of the People XIII – Rights-Retention by the PeopleTop

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

Rights of the People XIV – Powers Not DelegatedTop

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.

Rights of the People XV - State Limitations

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Article. VIII. - AdoptionTop

This new Constitution of the United States is to assure that this nation shall have a new birth of freedom and that government of the people, by the people, for the people, shall not perish from the earth.

This new Constitution will be submitted by a Convention of the people of each State to their State Legislatures for approval. Within four years of submission of this Constitution to the first State Legislature for approval, the ratification of the legislators of thirty-four States shall be sufficient for the establishment of this Constitution between all of the States. Such an establishment will be effective one year after the ratification of the legislators of thirty-four States.

Within four years of submission of this Constitution to the State Legislators for approval, the ratification of the legislators of forty States shall be sufficient for the Establishment of this Constitution within all the States.

As to the appointment and confirmation of the additional Supreme Court Justices upon the establishment of this Constitution, the President will nominate these additional Justices within six months of the establishment of this Constitution, and the Senate shall approve these justices within six months of their nomination and with a three-fifths vote of approval by the Senate.

Upon the adoption of this Constitution, the House of Representative Congressional districts shall be reallocated within three years of the adoption of this Constitution in those States that will have a change in the number of seats allocated to them.

At the time of the adoption of this Constitution, any Representative who has served more than six consecutive terms shall be allowed to serve the remaining portion of their term, but then must retire when their current term of office ends, and they shall be ineligible for reelection until a subsequent election has occurred.

At the time of the adoption of this Constitution, any Senator who has served more than three consecutive terms shall be allowed to serve the remaining portion of their term, but then must retire when their current term of office ends, and they shall be ineligible for reelection until a subsequent election has occurred.

At the time of the adoption of this Constitution, any Justice or Judge who has served more than the established terms of office in this Constitution shall retire from office within one year of the adoption of this Constitution or be re-nominated for a second term of office as established by this Constitution.

All Federal treaties, laws, regulations, agreements, and judicial rulings of the current Constitution shall remain in force after the adoption of this Constitution. Any laws, regulations, agreements, or judicial rulings that conflict with this new Constitution shall be adjudicated by the new District Court for the District of Columbia, the new Appellate Court for the District of Columbia, and the new Supreme Court of the United States.

Within five years of the adoption of this Constitution, the United States government shall exercise its right of eminent domain to remove all residents and residential structures within the District of Columbia. Care will be taken by the Federal government to assure that this taking protects the Civil Rights of the current residents and assists them in relocating to other residential locations.

 

EndnotesTop

These endnotes provide comments and clarification to the readers and reviewers to this Constitution but are not included within the body of the Constitution.

Purpose of a reformed ConstitutionTop

The purpose of proposing the reformation of the Constitution is to provide a reasonable framework for a discussion and debate to correct the current problems of the Constitution and the administration of our Government. It should be remembered that reasonable people can disagree without being disagreeable. Let us be reasonable in the framework of the reformation of the Constitution, but disagree on the specifics based on knowledge, experience, wisdom, and logical thought. Let us also remember that we should critique, not criticize, other opinions and thoughts on this subject. And in no case should we Demonize, Denigrate, and Disparage any reasonable person involved in this discussion and debate. If this can be done, we may be able to create a more perfect union.

The "Law of Unintended Consequences" often cited but rarely defined, is that actions of people and, especially of government-always, have effects that are unanticipated or unintended. Economists and other social scientists have heeded its power for centuries; and for just as long, politicians and popular opinion have largely ignored it. Most often, however, the law of unintended consequences illuminates the perverse unanticipated effects of government legislation and regulation. This law is also a great contributor for public policy aphorism "Every public policy problem has a simple solution - and it's usually wrong.".

My addendum to this statement is that when thinking about an issue, and the impact of the law of unintended consequences on the issue, it is very important to remember three things:

  1. That we know what we know,
  2. That we know what we don't know,
  3. That we don't know that we don't know.

We should always consider these three things in any actions we undertake. And remember -  It is that we don't know that we don't know that often is the killer in the Law of Unintended Consequences.

This proposed Reformation of the Constitution will have many intended and unintended consequences, both good and bad. Just because there will be intended, or unintended consequences is not a valid reason to reject this reformed Constitution. The real question on the adoption of this reformed Constitution is will the intended consequences provide for a greater beneficial effect than the current problems of our Constitution? This is the issue to be debated in the adoption of this reformed Constitution. During this debate, the possibilities of unintended consequences need to be discussed and illuminated, and changes to this reformed Constitution should be incorporated to reduce any harmful intended or unintended consequences.

I am reminded of the words of Benjamin Franklin at the end of the original Constitution as to the adoption of the original Constitution:

Mr. President

I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information, or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others. Most men indeed as well as most sects in Religion, think themselves in possession of all truth, and that wherever others differ from them it is so far error. Steele a Protestant in a Dedication tells the Pope, that the only difference between our Churches in their opinions of the certainty of their doctrines is, the Church of Rome is infallible and the Church of England is never in the wrong. But though many private persons think almost as highly of their own infallibility as of that of their sect, few express it so naturally as a certain french lady, who in a dispute with her sister, said "I don't know how it happens, Sister but I meet with no body but myself, that's always in the right - Il n'y a que moi qui a toujours raison."

In these sentiments, Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every one of us in returning to our Constituents were to report the objections they has had to it, and endeavor to gain partizans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects & great advantages resulting naturally in our favor among foreign Nations as well as among ourselves, from our real or apparent unanimity. Much of the strength & efficiency of any Government in procuring and securing happiness to the people, depends, on opinion, on the general opinion of the goodness of the Government, as well as of the wisdom and integrity of its Governors. I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress & confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts & endeavors to the means of having it well administered.

On the whole, Sir, I can not help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility, and to make manifest our unanimity, put his name to this instrument.

- Franklin

I would hope that these words of wisdom by Benjamin Franklin would be applied to this proposed reformed Constitution.

It is not possible to create a Constitution for which every contingency or the attempts by some to disrupt the normal processes of administrating the Constitution for personal or political gain are accounted and allowed for. It is for this reason that you elect and appoint moral, ethical, and reasonable persons to administer the government. You should also remember the words of our Founding Fathers and the wisdom of others in the administrating of the Constitution:

We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.
- John Adams, the second President of the United States

Now more than ever before, the people are responsible for the character of their Congress. If that body be ignorant, reckless and corrupt, it is because the people tolerate ignorance, recklessness and corruption. If it be intelligent, brave and pure, it is because the people demand these high qualities to represent them in the national legislature…. If the next centennial does not find us a great nation … it will be because those who represent the enterprise, the culture, and the morality of the nation do not aid in controlling the political forces.
- James Garfield, the twentieth president of the United States

Bad men cannot make good citizens. A vitiated state of morals, a corrupted public conscience are incompatible with freedom.
- Patrick Henry

A general dissolution of principles and manners will more surely overthrow the liberties of America than the whole force of the common enemy. While the people are virtuous they cannot be subdued; but when once they lose their virtue then will be ready to surrender their liberties to the first external or internal invader.
- Samuel Adams

Let us not forget the wisdom of others that came before us to guide us in the current reformation of the Constitution.

Throughout this Constitution, the voting percentages by members of Congress is defined as Normal matters (a majority vote) vs Important matters (a three-fifths vote) vs Serious matters (a two-thirds vote) vote. This is done based on the impact to “We the People” of the actions of Congress. Cognizance of this distinction should be considered in the Rules and Procedures of both the House and the Senate.

[i] House Number of RepresentativesTop
Only legal citizens of a Congressional district or State have the right to vote. Legal residents have representative rights by being included in the apportionment of Congressional districts to assure that their voices are heard in Congress. The number of Representatives needs to grow as the population of its citizens grows, therefore, this clause provides for a uniform way and manner to accommodate this growth of the population.

[ii] House Congressional DistrictsTop
Gerrymandering and court challenges to congressional district realignment have been epidemic in modern politics. Often the redistricting process is not accomplished until the approach of the next election cycle. This clause has two purposes; to accomplish a timely redistricting so as not to impact the next election cycle, and to remove the courts from this process. The courts should not be involved in elections other than to assure that Constitutional and Civil Rights are not being violated. The Courts are, after all, unelected and unresponsive to the will of the people (as they should be), and as such are undemocratic. Elections should be democratic and responsive to the will of the people for the people to have confidence in a free and fair election.

As to the Commission for the redrawing of Congressional Districts the House of Representatives shall create a House Rule and Procedures of doing so that states that Five members of the Commission will be appointed by the House Majority Leader and Four members of the Commission will be appointed by the House Minority Leader, with the other two members of the commission being the Senators from the State. Upon the a vote of approval by seven members of this commission the redrawn Congressional Districts will be submitted to the House of Representatives for a vote of approval.

[iii] House Term Limits Top
Much has been said on the pros and cons of restricting the terms of office held by elected officials. I need not reiterate these arguments, as much more knowledgeable and experienced people have done this better than I could. I will however, give my opinion. Given the current state of politics in the United States I believe that term limits are necessary. We have for over two hundred years been without term limits. This had led to career politicians that are more interested in retaining office than in solving the issues facing America. And this has led to gridlock, favoritism, and obstructionism in our legislative process, as well as increasing deficits and debts of the United States government. For this reason, I believe it is time for a change to term limits.

[iv] House Impeachment ClauseTop
This clause is for the establishment of uniform rules and procedures regarding impeachment. It is to guard against capricious impeachment proceedings and to protect the rights of the person being impeached.

[v] Senate Term LimitsTop
Much has been said on the pros and cons of restricting the terms of office held by elected officials. I need not reiterate these arguments, as much more knowledgeable and experienced people have done this better than I could. I will however, give my opinion. Given the current state of politics in the United States I believe that term limits are necessary. We have for over two hundred years been without term limits. This had led to career politicians that are more interested in retaining office than in solving the issues facing America. And this has led to gridlock, favoritism, and obstructionism in our legislative process, as well as increasing deficits and debts of the United States government. For this reason, I believe it is time for a change to term limits.

[vi] Senate Presidential AppointeesTop
We have in recent time seen that the confirmation process for Presidential appointees has turn into a political process for the purposes of politicians posturing to their supports rather than confirming qualified persons. We have also seen, recently, that this process is being utilized to obstruct a President from governing as is their Constitutional duty requires. We have also seen that nominees have been personally attacked through the process by means of demonization, denigration, and disparagement if not outright slander and libel. This must stop, as it leads to many qualified persons not serving their country to avoid this process. It is also very harmful to the body politic.

[vii] Senate Impeachment ClauseTop
This clause is to delineate that an Impeachment in the Senate is a tribunal and not a trial. If the House of Representatives respected and enforced the Due Process rights of the accused, then the Senate should have sufficient evidence to make a determination as to guilt and removal. This clause also places the sole responsibility for the Impeachment and removal of Justices and Judges within the Senate.

[viii] Legislative Elections, MeetingsTop
This clause has been modified to give the Federal Government more responsibility to assure the integrity of elections. It also eliminates early voting and the potential for abuses of early voting, except in the case of absentee voting. It also restricts the role of the Judicial Branch to assure the constitutionality of the voting process, and that it will have no role in the actual casting and counting of votes.

[ix] Legislative Seven Days AdjournmentTop
Too often Congress is not in session, or on a (working) vacation, when Legislative action is pending. As such, legislation and the appoint process is stalled resulting in inaction. As the people elected Congress to legislate this clause it to assure that they get to the business of legislating for which they were elected.

[x] Legislative Unable to ServeTop
Too often in history have we seen a seat in Congress empty as the occupant has retained the seat while not being able to perform their duties. This clause takes the responsibility of resignation from the Congressional member and places it in the hands of the State Legislature to assure that the people of the State or Congressional district have someone representing their interest in Congress.

[xi] Legislative Publishing Proposed LawsTop
This clause is to assure that the people of the United States have sufficient time to review proposed legislation so that they may express their viewpoint on the proposed legislation to their elected representatives. It also allows “disinfection” by “sunshine” to illuminate any pernicious or any undo special interests influence on legislation.

[xii] Legislative Budget ProcessTop
It seem that every year we have budget conflicts and continuing resolutions in funding the government. Much time is wasted, much heated rhetoric is bloviated, much monies are spent in compromising to pass a budget, and other legislative actions are not being acted upon. If Congress is elected for a two-year term I see no reason a budget cannot be for two years. We should be able to pass a new budget at the start of a Congressional session and proceed with the other business of Congress during the remainder of the Congressional session.

[xiii] Legislative Rules and RegulationsTop
Congress has too often been willing to delegate responsibility to the Executive branch for the implementation of laws, through rules and regulations written by the Executive Branch, so as not to be on record for the approval or disapproval of these rules and regulations. This is done for the purpose of not harming their reelection. This approach is contrary to the intent of the Constitution in that Congress is to be responsive and accountable to the will of the people as expressed through Congressional elections, and they should be accountable by the yeas and nays they cast for all laws, rules, and regulations that they enact. It also shifts the balance of power between Congress and the Executive Branch, giving the Executive Branch more power than was intended. This clause is an attempt to redress this situation.

[xiv] Legislative Congressional OversightTop
Congressional Oversight is extremely important to assure that the liberties and freedoms of the American people are not being infringed by the Executive Branch. It is also very necessary to assure that the monies being spent by the Executive branch are being spent appropriately and wisely. Too often in the past we have seen stalling and cover-ups by Executive branch personnel to Congressional oversight. This must stop as to restore the balance of power between the Executive and Legislative branches of government.

[xv] Legislative General Welfare and Enumerated PowersTop

This section is to assure that the General Welfare is not interpreted to mean that Congress can do anything that it thinks is necessary or important for the American people. It may only do those things that are expressly delegated to the Federal Government within this section. All other things that are to be done that are the necessary and proper functions of government are delegated to the State or Local governments elected by the people within their respective jurisdiction.

The following are some general comments about specific Enumerated Powers.

  1. Declare War …
    This Enumerated Power is self-explanatory.
  2. Budget, Appropriations, and Taxes …
    This Enumerated Power explicitly states the inferred power from the other Articles and Sections of the Constitution. Explicitness is preferable over a possible inferred ambiguity.
  3. Homeland Security …
    This Enumerated Power is to give the Federal government the right and responsibility to maintain a security force to protect against internal terrorism.
  4. Armed Forces …
    This Enumerated Power is to give the Federal government the right and responsibility to maintain standing forces for the external protection of the United States and the waging of war.
  5. National Security …
    This Enumerated Power is to give the Federal government the right and responsibility to establish and maintain Intelligence Services that limits what the Intelligence Service may engage in.
  6. State Militia …
    This Enumerated Power is just the combination of the previous Constitutional powers of utilizing the Militia and Maintaining the Militia.
  7. Constitute Courts …
    This Enumerated Power is self-explanatory.
  8. Piracies …
    This Enumerated Power is self-explanatory.
  9. Regulate Commerce and Labor …
    The first sentence of this Enumerated Power is self-explanatory. The second sentence is to explicitly give the Federal government the right to regulate labor, but only for entities that are engaged in interstate commerce or receive Federal Grant monies. All other entities are subject to State laws and regulations. This Enumerated Power also gives the right of the Federal government to promote and assist in the higher education (College, Universities, and Trade Schools) of its citizens for the purpose of keeping and maintaining a vibrant and educated American workforce.
  10. Interstate Transportation …
    Much transportation within the United States is of an interstate nature. This Enumerated Power gives the Federal government the right and responsibility to regulate all these interstate activities.
  11. Interstate Communication …
    Much of the communication systems within the United States is of an interstate nature. This Enumerated Power gives the Federal government the right and responsibility to regulate all these interstate activities.
  12. Interstate Energy …
    Energy is critical to the health, safety, security, and economy of the United States. This Enumerated Power gives the Federal government the right and responsibility to regulate all these interstate activities.
  13. Interstate Harm …
    Often the activities that occur within a State have a “spill over” effect to an adjacent State. When this occurs, this Enumerated Power gives the Federal government the right and responsibility to intervene and assure justice for those so harmed and punishment for those transgressors who caused the harm.
  14. Naturalization …
    This Enumerated Power is self-explanatory.
  15. Borrow and Coin Money …
    This Enumerated Power is self-explanatory.
  16. Bankruptcies …
    This Enumerated Power is self-explanatory.
  17. Banking, Securities, and Financial Institutions …
    As financial institutions are now primarily a national activity this Enumerated Power gives the Federal government the right and responsibility to regulate all these institutions.
  18. Fix Standards …
    This Enumerated Power is self-explanatory.
  19. Postal Offices and Roads …
    This Enumerated Power is self-explanatory.
  20. Patents and Copyrights …
    This Enumerated Power is self-explanatory.
  21. Drugs …
    This Enumerated Power is to give the Federal government Federal government the right and responsibility to regulate harmful drugs. It also defines what constitutes a harmful drug. The State and Local governments will have no responsibility for such control and regulation of these harmful drugs.
  22. Food and Drink …
    This Enumerated Power is to give the Federal government the right and responsibility to only regulate food and drink for the purposes of health and safety. The State and Local governments are responsible for all other rules and regulations regarding food and drink within their respective jurisdictions.
  23. Senior Adults …
    This Enumerated Power formally gives the Federal government the obligation to implement Social Security and Medicare as a Federal responsibility. It also assures that there are sufficient monies collected to pay the debts to be incurred by this responsibility. If you require more monies to meet the expenditures, then you must increase the revenue that is collected. This clause also sets the age at which the Federal Government would begin to assume these responsibilities.
  24. Minor Children …
    This Enumerated Power formally gives the Federal government the obligation to assure that minor children have the wherewithal to grow into being contributing members of the next generation of citizens. It also assures that there are sufficient monies collected to pay the debts to be incurred by this responsibility. If you require more monies to meet the expenditures, then you must increase the revenue that is collected. This clause also sets the age at which the Federal Government would no longer be responsible for these obligations.
  25. District of Columbia …
    This Enumerated Power is to give the Federal government the right and responsibility to maintain a Capitol city and Federal properties outside the jurisprudence of any State or Local authority. As there are no permanent residents of the District of Columbia the question of Statehood or Local government of the District of Columbia is mute. It also allows for the Federal government to develop a world class city that every American can be proud of.
  26. Necessary and Proper …
    This Enumerated Power is self-explanatory.

[xvi] Legislative Income Taxes Top
This clause is to eliminate the inequitable, burdensome, and the violations of our liberties and freedoms that occur under our current income tax system. It is also intended to place a limitation on the amount of taxes that can be collected from an individual or entity. The reasoning for which I have discussed in the “Income Taxes” section of my Article “Constitutional Protection of Rights and Just Laws”.

[xvii] Legislative Non-Income Taxes and Fees Top
In order for the Federal government to perform its Enumerate Necessary and Proper responsibilities under this New Constitution, it must regularize and regulate various Interstate activities and benefits for all Americans. The Federal financial burdens of performing these duties and responsibilities should fall upon those persons or entities that incur these expenses. This clause gives and limits Congress to impose taxes and collect fees from those individuals and entities that engage in these activities and receive benefits.

[xviii] Legislative Taxes and Fees ConstrictionsTop
This clause forbids the usage of these taxes and fee for any other purpose for which they were imposed, and to prohibit Congress from imposing excessive taxes and fee that will be utilized for general revenue purposes. The immediate effect is that Social Security and Medicare taxes can only be spent on Social Security and Medicare, as well as on taxes and expenditures of other specially funded government programs.

[xix]  Legislative Balanced Budget and Payment of DebtsTop
This clause is to ensure that there is no, or minimal, deficit spending by the Federal Government. It also ensures that debts that occurred by the Federal Government are paid-off as quickly as possible.

[xx] Legislative Equal TreatmentTop
This is to assure that all people are treated equally in the United States. There will be no special categories or groups that will receive any different treatment from any other person.

[xxi] Legislative Exceptions to Equal TreatmentTop
This clause specifies when unequal treatment is to be permitted.

[xxii] Legislative Intrastate CommerceTop
This clause is to assure that the Federal Government cannot intervene in any commercial activity that occurs wholly within an individual State. Only when an action directly impacts another State or its people, and only in regards to the direct impact may the Federal government intervene.

[xxiii] Legislative State Congressional DistrictsTop
This clause is to reduce the effects of Gerrymandering.

[xxiv] Legislative Supremacy of Federal LawTop
Whenever there are conflicts between State and Local laws and regulations, and the Federal government, the Federal government laws and regulations take precedent. The State or Local authorities may legally challenge the Federal laws and regulations only thru the District of Columbia courts.

[xxv] Executive Electors by State and Congressional DistrictTop
In a Presidential election the winner-take-all of the States electors would be unconstitutional. This assures a more democratic election. The Electors are independent voters not subject to any State laws as to whom they vote for, and protected by federal law from any actions or harassment as to whom they vote for.

[xxvi] Executive Border SecurityTop
This clause is to clearly define that the President is solely responsible for securing the national borders of the United States. Congress has the responsibility, through laws, to determine what is illegal immigration and transnational criminal activities, and the President is responsible for enforcing all these laws. Border security would become a prime duty of the President, and a failure to secure the borders would be an impeachable offense.

[xxvii] Executive Armed RebellionTop
This clause restricts the powers of the President to suppress an Armed Rebellion and requires the approval of the Congress for any long-term suppression actions.

[xxviii] Executive Organization of the CabinetTop
The current Cabinet structure would be reorganized for effectivity and efficiency purposes as follows:

  • Department of Agriculture Develops and executes policy on farming, agriculture, and food and drink. Its aims include meeting the needs of farmers and ranchers, promoting agricultural trade and production, assuring food and drink safety, and fostering farming communities and businesses.
  • Department of Commerce and Labor would be the combination of the current Commerce and Labor Departments. Tasked with improving living standards for all Americans by promoting economic development and technological innovation. It also oversees federal programs for ensuring a safe and vibrant American workforce. These programs address job training and higher education, safe working conditions, employment discrimination, and unemployment insurance for the purposes of Article I. – Section 9. Enumerated Power 9
  • Department of Communications would be for the purposes of Article I. – Section 9. Enumerated Power 11.
  • Department of Defense To provide the military forces needed to deter war, conduct war as necessary, and to protect the security of our country for the purposes of Article I. – Section 9. Enumerated Power 4.
  • Department of Energy would be for the purposes of Article I. – Section 9. Enumerated Power 12.
  • Department of Homeland Security To prevent and disrupt terrorist attacks; protect the American people, critical infrastructure, and key resources; and respond to and recover from incidents that do occur for the purposes of Article I. – Section 9. Enumerated Power 3.
  • Department of Human Services would be for the combination of all human services provided for by the Federal government such as health, drugs (for the purposes of Article I. – Section 9. Enumerated Power 21), education, minor children services, senior adults services (for the purposes of Article I. – Section 9. Enumerated Power 23), minor children services (for the purposes of Article I. – Section 9. Enumerated Power 24), housing, and ending hunger in America.
  • Department of Inspector Generals would combine all the current Inspector Generals into one department responsible to the President. Special protections and the duties and responsibilities of Inspector Generals in regard to the auditing of Executive Branch operations and personnel will be afforded by Congressional legislation. The Inspectors General would be responsible for auditing all the activities of the Executive Branch operations to assure that they are legal and Constitutional. The Inspector General Department would be responsible for investigating any claim of maladministration, maleficence, corruption, and illegal activities by Executive Officers and Civil Service employees, and former Executive Officers and Civil Service employees, and adjudicating any disciplinary actions as a result of these claims. Any claim of the 5th Amendment Right of Self-Incrementation by Executive Officers and Civil Service employees in an Audit or a Congressional oversight hearing would automatically result in an Inspector General audit to determine if any maladministration, maleficence, corruption, or illegal activities had occurred. Failure to comply with and/or cooperate with an Inspector General’s audit by Executive Officers and Civil Service employees will result in an administrative suspension until the audit is complete. Failure to comply with and/or cooperate with an Inspector General’s audit by any former Executive Officers and Civil Service employees will result in a suspension of the ex-personnel benefits until such time as the Audit is complete and a determination is made. This said audit hearing is to determine the appropriateness of the audit, and if found appropriate to enforce compliance with the audit. Failure to comply with an audit after such an audit hearing will result in a disciplinary hearing as stated below. Any finding by an Inspector General of possible maladministration, maleficence, corruption, or illegal activities by any individual(s) Executive Officers and Civil Service employees would automatically result in administrative leave of the individual(s) engaged in such activities, pending a disciplinary hearing, and possible termination of employment and/or referral for criminal prosecution if the disciplinary hearing finds merit to the maladministration, maleficence, corruption, or illegal activities alleged. All such disciplinary hearings shall be the responsibility of the Inspector General Department, and the accused shall have due process rights as defined by Congressional legislation.
  • Department of Justice To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.
  • Department of National Security would be for the purposes of Article I. – Section 9. Enumerated Power 5.
  • Department of State To play the lead role in developing and implementing the President's foreign policy. Major responsibilities include United States representation abroad, foreign assistance, foreign military training programs, countering international crime, and a wide assortment of services to U.S. citizens and foreign nationals seeking entrance to the U.S.
  • Department of the Interior The nation's principal conservation agency. Its mission is to protect America's natural resources, offer recreation opportunities, conduct scientific research, conserve and protect fish and wildlife, protecting natural resources, and honor our trust responsibilities to American Indians, Alaskan Natives, and our responsibilities to island communities.
  • Department of the Treasury To Managing Federal finances; Collecting taxes, duties and monies paid to and due to the U.S. and paying all bills of the U.S.; Currency and coinage; Managing Government accounts and the public debt; Supervising national banks financial, and thrift institutions; Advising on domestic and international financial, monetary, economic, trade and tax policy; Enforcing Federal finance and tax laws; Investigating and prosecuting tax evaders, counterfeiters, and forgers. Responsible for promoting economic prosperity and ensuring the soundness and security of the U.S. and international financial systems for the purposes of Article I. – Section 9. Enumerated Power 15, 16, and 17.
  • Department of Transportation To ensure a fast, safe, efficient, accessible and convenient transportation system that meets our vital national interests and enhances the quality of life of the American people for the purposes of Article I. – Section 9. Enumerated Power 10.

[xxix]  Executive Civil Service EmployeesTop
Civil Service Employees need to be cognizant that they work for the people of the United Sates as expressed by the election of the President of the United Sates and the duly appoint Executive Officers of the President. They must carry out the lawful instructions of the President and Executive Officers to the best of their ability. They must also conduct themselves in a professional manner at all times when conducting their duties and responsibilities. They also need to be aware that their jobs are not lifetime appointments, and that they are liable to be terminated for unsatisfactory performance or unacceptable personal conduct while performing their duties and responsibilities. The protections afforded them should not be so cumbersome as to effectively block their removal or make it so difficult for removal as to effectively block their removal.

[xxx] Executive Legislative Executive PrivilegeTop
This clause is to provide a more definitive definition of what Executive Privilege comprises and provides the mechanism for resolving disputes on Executive Privilege between Congress and the President.

[xxxi] Executive Judicial Executive PrivilegeTop
This clause sets the parameters for Executive Privilege regarding any Judicial actions involving the President.

[xxxii] Executive Orders and Directives
The Congress is responsible for the creation of all laws and should be responsible for approval of all regulations in regards to the laws it passes. This is done to assure that all Executive actions are responsive to the will of the people as expressed through their elected representatives in Congress.

[xxxiii] Executive Rules and RegulationsTop
The President may not fail to execute any Law passed by Congress, or contravene or circumvent any Law passed by Congress by their Executive actions. The President is subject to the Law and must enforce all Laws, or they may be impeached.

[xxxiv] Executive Failure of Explicit DutiesTop
The President must execute all of their explicit duties in this Constitution or they may be impeached for the failure to do so..

[xxxv] Judicial Structure of the CourtsTop
The original Constitution was rather vague about the structure of the Courts due to uncertainties of how they would function in the new government. Now that we have over two hundred years of experience with the courts these uncertainties are no longer nebulous. This Section rectifies this situation and brings more formalism to the Judicial branch of government.

As to the administration of an Appellate Court I would expect that a Supreme Court Justice would hire a person to assist them in this administration to not overly burden or interfere with their judicial duties.

[xxxvi] Judicial Term Limits on JudgesTop
While it is extremely important to preserve the rights, freedoms, and liberties of the people to have an independent Judiciary, that does not infer that a Judge or Jurist must have a lifetime appointment to achieve this goal. The appointment should be of such length as to provide the freedom of the Judge or Jurist to not be overly concerned about their independence, but not so long that they feel that that are free to act outside of their duties and responsibilities to the Constitution. As to the concern that these term limits may have a financial impact on a prospective Judge or Jurist in accepting an appointment this can be alleviated by assuring that the pension benefits are such as to assuage this concern. I believe that the terms limits that I have proposed will accomplish this goal.

[xxxvii] Judicial District of Columbia CourtsTop
The last couple of decades has shown an explosion of court challenges to Congressional and Executive actions by both members of Congress and the Executive branch as well as other interested parties. The process of resolving these disputes has been cumbersome and excessively long, as well as sometimes confusion amongst the various court rulings. This clause is an attempt to rectify this situation.

[xxxvii] Judicial Constitutional AppealsTop
Disputes between the Congressional and Executive branches of government need to be resolved in an expeditious manner for the proper functioning of government. This clause is an attempt to rectify this situation.

[xxxix] Judicial Removal of JudgesTop
It is extremely important to preserve the rights, freedoms, and liberties of the people to have an independent Judiciary. But it is also extremely important that the Judiciary should not be independent from Constitutional constraints. Unfortunately, we have seen a large increase of Judges and Jurists issuing rulings or orders that either encroach upon the prerogatives of the Executive and Legislative branches of government or issuing rulings or orders outside the four corners of the Constitution by utilizing torturous logic or incomprehensible language. Currently, we utilize the judicial appeals process to correct these situations when they occur. However, this process can be rather lengthy in providing a correction and does nothing to prevent a Judge or Jurist from engaging in future actions outside of their Constitutional powers. This clause is for the removal of Judges or Jurists who have who have done so. Hopefully, it will not be utilized that often, and it will have a self-regulating effect a Judge or Jurist into not engaging in this type of judicial activity. However, if they do so engage in these types of actions there must be a method of removing them to assure that they do not have an injuriously impact on the Constitution or the governance of “We the People”. I believe that this removal process should be considered part of the normal checks and balances between the three branches of government. I also believe that any Justice or Judge physically or mentally incapable of performing their duties needs to be replaced to assure the smooth administration of justice.

[xl] Judicial Adjudication of ConstitutionalityTop
All court challenges to the Constitutionality of a law, rule, or regulation presumes that they are unconstitutional until the Federal Government can prove that they have the Enumerated power and the Necessary and Proper means to enforce their power. The challenger must be specific in their challenge as to the unenumerated power, or the unnecessary and improper means of the Federal government exercising its powers, for the lawsuit to be considered by the courts. The Federal Government bears the responsibility of proving that they have the Enumerated power and the Necessary and Proper means to enforce their power. Without specificity by the Federal Government, such laws, rules, and regulations shall be presumed to be an infringement on the Liberty of Americans.

[xli] Judicial involvement in Federal electionsTop
The elections of Congress and the President are the purview of the State Legislators who are responsive to the will of the people. Unelected Judges and Justices should have no involvement in elections other than to assure the Natural Right of the People to Vote is not being infringed by a State Legislature.

[xlii] States New States Top
This clause would allow States to be split into multiple states, or to split and join other States, but only under restrictive circumstances. This may occur when one State becomes cumbrously large, unresponsive to the will of a large segment of a State, and/or fractious to the residents of the State. This usually occurs when a political or economic dichotomy occurs between the urban and rural interests within a State.

[xliii] Human Rights of the People Top
This Article is to ensure explicit Human Rights are not violated by the government.

  I - Freedom of Religion, Speech, Press, Assembly, and Petitioning of Government
The United States has a proud history of religious leaders being in the forefront of promoting human rights, liberties, and freedoms of individuals. Indeed, some religious leaders have served in armed conflicts to promote these ideals, while other religious leaders have been in the forefront of social reform movements. This first Natural Right is to ensure that Government does not establish a national religion, but it is also to ensure that religious leaders have the right to publicly speak about issues of governmental and social concerns without fear of the government taking coercive actions to restrict their freedom of speech.

 II - Right to Bear Arms and Ammunition
Without the individuals right to bear arms and ammunition their human rights of life, liberty, and happiness may be violated. This rewording is to make it clear that the right to bear arms is a human right and that the government may not restrict this human right.

III - Utilization of Armed Forces
This Natural Right is to constrict how the government may utilize its Armed Forces within the United States to protect the Human Rights of its residents from Armed Forces encroachments.

IV - Search and Seizure
Meta-Data of Postal Mail, telephone, and electronic communications usage is permissible, but the contents of such communications requires a Warrant. Public postings to publicly viewable electronic media is permissible.

V - Trial and Punishment, Compensation for Takings
Probable cause of a persons involvement in a possible criminal activity is required to initiate an investigation of a person. The government should not be investigating people, but should only investigate crimes. To do so otherwise would allow for "Witch Hunts" to occur. This Natural Right has also been expanded to ensure that private property cannot be taken from an individual and then be transferred to another private individual. All public takings are constricted to the public utilization of private property (i.e. no shell games are to be permitted in the takings of private property).

VI -  Speedy Trial
No comment required, as the current Constitutional wording is sufficient.

VII - Trial by Jury in Civil Cases
Congress has the right to set the amount of monies of a common law suit that are to be tried by jury. This occurs after a census so that the amount can be adjusted by the current economic environment within the United States. It also assures that lawsuits do not impede the administration of justice, except for significant lawsuits, by the time and expense of a jury trial.

VIII – Bail and Punishments
No comment required, as the current Constitutional wording is sufficient.

IX - Voting Rights
The right to vote for your representatives is a Natural Right to have a government of the people, by the people, and for the people. This Natural Right is explicitly defined as to its parameters.

 X - Rights of Minors
This Natural Right is to assure that all minor residents of the United States may not have their human rights violated. This is to assure that no physical, sexual, or other abuses of minors as defined by Congress are permissible. This Natural Right is explicitly defined as to its parameters.

XI - Rights Restrictions
This Natural Right is to assure that certain classes of citizens who are mentally incapacitated or mentally impaired such that they are unable to function within society, pose a danger to themselves or others, or have forfeited their right to vote through their criminal actions can have their rights restricted so as to not infringe of the rights of other Americans. I would also consider changing the plea of Not Guilty by Mental Incompetence to Guilty but Mentally Incompetent. Upon this plea it is the responsibility of the defendant to prove their mental incompetence. If they cannot prove their mental incompetence then they must enter another plea to the charge.

XII – Rights Retention
No comment required, as the current Constitutional wording is sufficient. However, this Right needs to be more vigorously pursued and enforced by the Judicial branch.

XIII – Powers Not Delegated
No comment required, as the current Constitutional wording is sufficient. However, this Right needs to be more vigorously pursued and enforced by the Judicial branch.

Other Notes

AdoptionTop

As to the relocation of the current residents of the District of Columbia I would envision that suitable land in the states of Maryland and Virginia would be purchased by the United States government for the construction of housing for those so effected, and the payment of relocation costs to these locations, or to other states for the current residents who should so choose to relocate to another State. I would also envision the construction of a high-speed rail line from the new housing sites into the District of Columbia to assist those residents in commuting to work into Washington D.C., as well as a modern bus transportation system within the District of Columbia.

The residential structures allowed in the District of Columbia are for the temporary officers of the United States government for the duration of their terms of office. Upon leaving office they must vacate these residential structures within a reasonable duration of time (perhaps 30 days) so that another appointed official may take up residence in the District of Columbia. For the purposes of voting the temporary residents of the District of Columbia shall have the right to absentee vote within the states and localities from which they have previously resided.

Note - This Adoption section needs to be expanded to incorporate how the change from the old Constitution to the reformed Constitution is to be accomplished.

General Note – The specific wording of this Constitution needs to be “tighten” up to assure it is legally appropriate. However, when this occurs you need to be cognizant that Lawyers, Politicians, and other interested parties may wish to create ambiguities that could create loopholes that may contravene the intent of this new Constitution. Always remember that “Experts should be on tap, not on top” and that you should cast a wary eye on their or other experts’ recommendations.

No Housing Assistance or Health Care for AdultsTop

This New Constitution has no Enumerated power for the Federal government to be involved in Housing Assistance or Health Care (Medicaid) for Adults. This power is reserved to the States respectively, or to the people through their charity. The Federal government has no responsibility to financially assist any adult as this would be an encroachment on their and others' Liberties and Freedoms.