4 votes

So...if I were to propose a Constitutional Amendment - ideas welcome.

After getting about half way through Judge Nap's excellent "Theodore and Woodrow" I've been giving a ton of thought to the 17th Amendment, whereby electing senators by popular vote we removed the 3rd leg of the stool - the House is elected by the people, the Executive is the federal government and the states' power was neutered in not being able to select (through their legislatures) the Senate. I propose an Constitutional Amendment to repair this damage and fix a few other issues along the way.

The Judge gives a great example in Obamacare - with so many states opposed to the legislation if it weren't for the 17th Amendment would it have ever gone through the Senate? I suspect no, and the more I think of how much power this Amendment centralizes in Washington the more I'm convinced it must be repealed for our system of Federalism to work.

So, if I were to propose an Amendment what would I include? Below are my ideas and I'd love to hear yours. To me, these could all become popular and would have a shot at approval with the expanding Libertarian attitude.

1. Repeal the 16th Amendment. Loss of the income tax would curtail big government. Education would be necessary but I think support would be immense.

2. Repeal the 17th Amendment. With all the secession talk lately this would really put power over the federal government back to the states. I think most Americans realize that the more local a program is the better a chance it has of doing good.

3. Term limits for the House and Senate. We passed them for the President, and I think most voters support this strongly.

4. Under no circumstances can due process of law be bypassed for any person. This covers NDAA, Patriot Act, warrantless searches, etc. Allow justice to occur - I think most people would consider this a no brainer, though most have no idea how far it's been perverted.

5. US Currency must be tied to gold, silver or other precious metals, the abolition of the US central banks (Federal Reserve) and fractional reserve banking practices. Again, this takes more education but when talk of ending inflation and having money worth it's weight in gold - I think in today's economic climate this could suddenly become popular for the masses. Let the failed Keynesians defend their position while common sense rips it apart.

6. Require a balanced budget unless by supermajority vote in the House and Senate. Balanced Budget is something everyone can understand, and the supermajority allows for emergency debt in case of national crisis (and since the 17th Amendment would be abolished that means the People (House) and the States (Senate) would have to provide overwhelming support.

This is simply a thought exercise, but I'm eager to have it ripped apart and better suggestions proposed. Thoughts?



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crietmann's picture

Okay, go easy on me.

This is a rough, rough draft of what I'm thinking. I've stolen borrowed from some of the comments and found some balanced budget text that looks like it has too much wiggle room. Thoughts?

https://docs.google.com/document/d/1J2uq6RLV2_UHP_cVdIS6Iy42...

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Simply re-instate the original Constitution.

This Constitution for the united States was replaced in 1871 by the present Constitution of the United States. I believe the 14th. Amendment was never properly ratified so the original Constitution would have only 13 Amendments including the original 13th.

http://www.republicoftheunitedstates.org/what-is-the-republi...

I have tried to find the Amendment that established that the election of the President and Vice President should be by the State Electors according to the number of the popular votes attained by each candidate rather than the Electors being appointed in a manner determined by the State Legislature (Article !! Section 1 as amended by the 12th. Amendment) and the Electors voting separately for President and Vice President. There is no such Amendment unless one counts Section 2. of the 14th. which seems to imply such an arrangement being in existence at that time. This simply means the present system that favours the two major political parties is really un-Constitutional. This is similar to the 17th. Amendment which makes it easier to centralise power and bamboozle the people.

"Jesus answered them: 'Truly, truly, I say to you, everyone who commits sin is a slave to sin. The slave does not remain in the house forever; the son remains forever. So if the Son sets you free, you will be free indeed.'" (John 8:34-36)

You forgot one

Repeal the 19th Amendment. That would destroy the welfare state.

3. and 4., mainly...

I'm not fond of term limits, or, as I characterize them, "Stop me before I vote again!" measures, and in fact would like to repeal the bar on the President's multiple re-election. Ron Paul is still a vigorous young man, why not see if we can get a couple of good decades out of him in the Oval Office?

4. is redundant, yet apt. The Fourth Amendment is already quite explicit and emphatic. If our Civil Masters are going to disobey the Constitution once they are going to disobey it again.

Clearing up the gold and silver issue? In addition to specifically repudiating the "Federal Reserve Note" as an historical example of an illegal bill of credit, I think we should also incorporate a definition of the word "Dollar". It is, after all, the only denomination atually mentioned in the Constitution. What is it, 371.25 "grains of fine silver" or something like that? As a nod to both modern sensibilities and the fait accompli of the "Fractional Coinage Act" (of 1878?) a better definition might be twenty-two and a half grams of pure silver to the Dollar, or 225 mg Ag to the Cent. Furthermore, we should also include a mandate that federal employees be paid in Silver Dollars.

dynamite anthrax supreme court white house tea party jihad
======================================
West of 89
a novel of another america
https://www.smashwords.com/books/view/161155#longdescr

Amendment the Next

This Union is hereby dissolved.

1. Amendment II is

1. Amendment II is reaffirmed: A well regulated militia, being necessary to the security of a free State, "the right of the people to keep and bear arms, shall not be infringed" cannot be construed by any so-called law enforcement agency, court, or government (high or low) to impair any free man's absolute human dignity in this voluntary union of States the right to keep, carry, and bear arms.
2. To "keep, carry, and bear arms" shall be understood to use said weaponry not only simply for token issues such as hunting, though this shall not ever be excluded (hunting and the like) since it is and has been since the founding of our Republic necessary for one's own survival, but for the protection of one's family, property, and State against all aggression, which by nature, is unlawful and contrary to our Constitution.
3. Other purposes for the keeping and bearing of arms shall not be denied to the people simply because the purposes are not enumerated here.
4. Amendment IV is reaffirmed: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" is reaffirmed strictly and without compromise, because if the people cannot be secure and safe in their life and property, then no State can be guarded by a people who dwell in constant fear of infinite threats to liberty.

Hey my fellow DP'rs, go easy on me. I'm trying and hopefully learning :)

"The founders would be ashamed of us for what we're putting up with." Ron Paul

"For the country to get better, it needs more than just politicians. Politicians aren't enough. It needs a resurgence through churches, through revivals, through a spiritual

This one is still on the books

waiting for ratification. I know and am not going to argue that it was passed or it didn't get ratified... It should be.
The original Thirteenth Amendment.

If any citizen of the United States shall accept, claim, receive or retain, any title of nobility or honour, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them

It's time! Rand Paul 2016!

"Truth, Justice, and the American Way!"

Debbie's picture

I am not a fan of Term Limits

I am not a fan of Term Limits - I think we should use the voting process to keep the good guys in and get rid of the bad guys. What if Ron Paul had been "Term Limited" - we wouldn't have had him grilling Bernanke or holding those great hearings in his subcommittee or maybe even running for prez.

Debbie

Debbie's picture

I believe your # 4 & 5 are already covered. I heard Ron Paul

say once that he would want to see an amendment (when we can someday have a REAL Constitutional Convention) that would prohibit the United States from borrowing money. I agree with this!

Debbie

Balanced budget

with real money, no fiat currency.

Final amendment!

No initiation of force.

We the people demand that no person, group of persons or government initiate force, threat of force or fraud against anyone’s life, liberty, property or contract.

Force is justified only in defense or retaliation against those who violate or threaten to violate another’s life, liberty, property or contract with tangable damages.

No exceptions exist.

Any other provisions not consistant with this amendment are null and void.

This is not a new concept or integration, I first discovered this in 1996 from NeoTech Dicoveries written by Dr. Frank R. Wallace.

The creation, production and fair exchange of values is the business of evolving consciousness, love and life.--Craig Johnson

An amendment to abolish all

An amendment to abolish all amendments after the 13th Amendment.

----------------------------------------------------------
"Ehhh, What's ups Doc?" B.Bunny "Scwewy Wabbit!"E. Fudd
People's Awareness Coalition: Deprogramming Sequence

My Suggestion Would Be:

{A} "Any American" including the U.S. President that takes an "OATH" to uphold, follow, and protect the U.S. Constitution will be imprisoned, fined, or severely punished, if they circumvent, disregard, or in some way avoid following Constitutional law, especially in regards to money !

{B} No foreign entity, such as the federal reserve banking system, may take control of Congressional responsibilities specified in the U.S. Constitution.

{C} All American school children must be taught, at an early age, Civics and U.S. Constitutional word and phrase meanings, in current locally accepted languages. {English, French, Spanish, Gaelic, Native American, Russian, Hebrew, Etc. Etc. Etc.}

beesting

Debbie's picture

Great suggestions beesting!

Happy Thanksgiving :)

Debbie

Amend your state's constitution

Amending a state's constitution is more feasible than trying to amend the US Constitution. The US Constitution doesn't have any form of direct citizen initiative approach to amending it. Both houses of Congress have to vote 2/3rds in favor of a proposed amendment and then it has to be ratified by 3/4ths of the US states by those states' legislatures or state conventions.

However, many states themselves have a way to amend their state constitutions by getting a measure passed on the ballot. 18 states have ways for citizens to directly amend their state constitutions:

Arizona, Arkansas, California, Colorado, Florida, Illinois, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, Oregon, and South Dakota .
SOURCE: http://ballotpedia.org/wiki/index.php/Initiated_constitution...

Massachusetts and Mississippi make it a bit more difficult in that the state legislative bodies get to take a look at the petitioned amendment and propose changes before it goes to ballot. I haven't looked any closer but I suspect they could gut a petitioned amendment before putting in on the official ballot.

Since citizens in the above states have a means of altering their states constitutions, these states have the greatest opportunity for a direct grassroots rebellion to make the states laws most fitting for its residents and to pass nullification amendments.

________________________________________

Nullification Amendment

If you were to go the state route and attempt to amend the state constitution, I would suggest the nullification amendment.

"If a petition consisting of the signatures of 1% of the state's residents shall be presented to the secretary of state requesting a nullification of a federal law, the state legislature shall act upon such position as follows:
a)by nullifying the referenced law.
b)by placing the nullification request on the next ballot where a simple majority of votes cast shall determine whether the federal law shall be nullified.

If any federal law shall be nullified, the nullification must be enforced as prescribed:
a)by entry into the state's statutes a new statute making enforcement of such federal law within the geographical boundaries of this state a felony.
b)by directing all state, county, and local police departments to arrest any individual who attempts or otherwise enforces such federal law.

________________________________________

crietmann's picture

My intent is a single Amendment

That addresses several important issues that would drum up the widest support. Thoughts?

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metalhed19's picture

+1 to the Balanced Budget

+1 to the Balanced Budget Amendment. An Amendment barring foreign aid.

*Wisconsin Constitution* Article I, Section 25 "The people have the right to keep and bear arms for security,defense,hunting,recreation or any other law-abiding purpose"

crietmann's picture

I'm torn

I debated that the foreign aid question. My thought was with the other restrictions in the package foreign aid would cease to be viable?

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Fully Informed Jury Amendment

crietmann's picture

Agreed.

Any suggestions on how that would be generally worded?

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I once saw proposed text of such an amendment,

and it went something like this:

"In all criminal, and civil trials where the government is the plaintiff, the judge shall inform the jury of their right to judge, not only the facts of the case, but also the justice or applicability of the law."

I am writing from memory. I believe the actual wording included some text to imply the Amendment applied to state and local court jury trials as well as federal courts.

I did a Google search but for some reason I can't find any proposed text.