20 votes

FIVE minutes to fix the Constitution, what do you change?

Where would it be different?

What would you 100% keep?

Anything brand new to add?

Anything 100% need to go?

Please write as long a response as you want. They will be read..

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NON AGGRESSION PRINCIPAL

But a piece of paper shouldn't be held on high.

I only need 5 seconds ...

Reinstate the Articles of Confederation

Life is a sexually transmitted disease with a 100% fatality rate.
Don't Give me Liberty, I'll get up and get it myself!

Why would it work now? Or are

Why would it work now? Or are you simply suggesting the AoC were ideal for an ideal world?

I have done this intellectual exercise many times.

People talk about the commerce clause, and the taxation language, and the 10th amendment clarification and I see all that and then I study the remaining amendments and it makes me realize one thing ...

If the slavery issue was resolved in the constitution, the choice of paths would have been significantly reduced and the path that we are currently on would not have been a choice.

With that in mind ... here are my fixes ...

There are but two mistakes in the original if you include the Bill of Rights. Delete the following language and things would have substantially changed. Arguably, the only amendments that would have been added would have dealt with suffrage, term limits, and how Senators are elected.

"Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons."

"No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due."

Although I like many of the ideas in this post...

I am going to assume that I am given ONLY 5 MINUTES to make some change that could significantly fix or improve it. Repeals take years.

I would:

1) Eliminate the Interstate Commerce Clause.
2) Narrow the Necessary and Proper Clause.

These two things are used to justify all sorts of mischief.

My 2cents.

fireant's picture

All that is needed is repeal the 16th and 17th Amendments.

All the other fixes will follow after that.
For those who insist on tackling the 14th, this is not the time, and it will prevent getting anything done if we try.
The 16th impacts everyone's pocketbook, and once people understand the States currently have no representation in DC, the lights come on.

Undo what Wilson did

A few new amendments:

1. Blanket ban on political parties
2. All voting in elections must be done on paper ballots and counted in public. Votes can only be counted by American citizens.
3. Corporations cannot pretend to be people for the purposes of political donations
4. Mandatory term limits for every public servant

Those amendments would go a long way towards restoring fairness to our political system and ridding ourselves of corporatist career politicians.

I don't play, I commission the league.

SO what I WANT....

Is for some group to write a BRAND NEW CONSTITUTION. Put it online for a whole bunch of people to see. THEN, add in suggestions/changes/etc. FINALLY, have a conference to amend/update this. Then Publish it.

People pledge allegiance to this document and by doing so, DECLARE THEIR OWN INDEPENDENCE FROM THE EXISTING DOCUMENT (and government that goes along with that).

Super Big Thinking. We all sign and pledge to this governing document around the world and exempt ourselves from all government.

Make it a document that completely establishes a MISES-esque free market world IMO is the ideal.

It's a way to revolt with our own conscience.

We're not just AGAINST the current Regime. We're for THIS beautiful, humanitarian, scientific, enlightened document. This guide for human interaction.

YOU CANNOT FUCK WITH THAT

NO MORE LIES. Ron Paul 2012.

Two things:(or possibly one)

make the Bill of Rights more than simply a tack-on that can be ignored on a whim. Repeal several amendments. (You all know which ones)

Alternately, we could go back to the articles of Confederation, but keep the Bill of Rights. (highwithaltitude has a great idea: make all the branches of government, especially Congress, abide by the laws they pass and sign. If Obamacare is good enough for us, it should be good enough for Congress, The Supreme Court, and the President and his Cabinet too. Teddlem's 'Five possibilities' whole idea was great as well!)

"Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the office of a thoroughly nasty business concern." ~~C.S. Lewis
Love won! Deliverance from Tyranny is on the way! Col. 2:13-15

The Constitution was the

The Constitution was the greatest centralization of power in our nation's history and created the federal laviathan we have today. The only answer here for any truly liberty minded person would be to get rid of it all together and return to something more like the AOC. It always amazes me how many people are tricked into worshipping the very document that enslaves us because it was financed by bankers to eventually gain centralized currency control. See my quote below if you need more evidence.

"In reality, the Constitution itself is incapable of achieving what we would like in limiting government power, no matter how well written."

~ Ron Paul, End the Fed

I would impose term limits to

I would impose term limits to all levels down to mayors and I would abolish salaries for politicians. I would abolish the redundant amendments. Women don't need an amendment to vote. We don't need an amendment to tell us that slavery is bad, and quite frankly, it's not government's business if a person has slaves. I would put in plain English that if the federal government can't do it, neither can the states. So NO regulation ANYWHERE in the union of stuff like alcohol, tobacco, drugs, or marriage. People seem to think states rights means that states can be a part of the union, do things that go against the US constitution, and become mini tyrannies.

Please come join my forum if you're not a trendy and agree with my points of view.

Congress shall not exempt themselves from laws...

they pass. (inside trading, healthcare reform, social security deduction/retirement, etc...)

"First they ignore you, then they laugh at you, then they attack you, then you win!"
GANDHI

"The belief is worthless if the fear of social and physical punishment overrides the belief."

How about specifically prohibiting a federal Justice Department,

instead providing for the States to each prosecute any violation of federal law within their State. That way States that do not agree with a federal law could simply refuse to prosecute anyone who violated a federal law within their borders.

"Bend over and grab your ankles" should be etched in stone at the entrance to every government building and every government office.

What do you think of these five possibilities?

1. Income tax repealed
“The 16th amendment to this constitution is hereby repealed. Taxes on income shall not be constitutional, except by apportionment according to states' representation in the U.S. House of Representatives. Neither shall any other direct tax, which shall be defined as a tax that is not based on a conditional or easily avoidable action, be levied without apportionment. All indirect taxes, which shall be defined as being levied on a conditional or avoidable action, shall be uniform throughout these United States.”
2. Juror Freedom Amendment
“Juries in all cases, whether civil, criminal, military or maritime, or any other jurisdiction, shall be empowered to decide facts as well as the constitutionality of the law in the case before them, and every judge of the United States, or any of them, shall inform the jury of this power before deliberations begin, but all jurors shall be bound by an oath upon penalties of perjury to obey and uphold the law as written.”
3. States' Rights Amendment
“Section 1. The 17th Amendment to this constitution is hereby repealed. Senators shall be selected directly by state legislatures or by nominating conventions of no more than 300 voting delegates established by the state legislature. Governors or chief executives of a state shall have the power to appoint in the case of vacancies until elections can be scheduled, but no vacancy appointment shall be for a term of longer than six months and no governor may make a vacancy appointment more than once in a six-year term.
Section 2. The Several states of the United States shall have the power to nullify unconstitutional assertions of power by Congress or the Executive Branch within their territorial limits. In the case of disagreement between the federal government and the state on the constitutionality of a law, the Congress may expel a state from the union by a two-thirds vote.
Section 3. Any state may leave the union by a two-thirds vote of the state's legislature or a vote of three-fifths plebiscite scheduled by the legislature of the state.
Section 4. The militia may not be called into federal service without the authorization of a state's governor, or in the case of service longer than six months, its legislature. In the case of deployment of federal soldiers abroad, excepting naval vessels afloat, for more than six months at a time without a congressional declaration of war, the soldiers shall be recalled without a resolution of support from the state legislature, in which case they may be deployed for no more than an additional two years.

4. Taxation with Representation Amendment
Section 1. No person shall be eligible to vote in the following two-year election cycle if they have received any tangible benefit, salary, emolument, or remuneration of any kind from the United States, or any of them, or any municipality thereof, excepting only a refund for taxes paid.
Section 2. No person who received any tangible benefit, salary, emolument, or remuneration of any kind from a corporation, non-profit or other institution of any kind that received public funds shall be eligible to vote in the ensuing two-year election cycle.
Section 3. Because mandatory military service could serve as a means of disenfranchising citizens of the vote, Congress shall not enact mandatory military service. Congress may by law enact an exemption for section 1 of this amendment for active duty military personnel serving in a war declared by Congress, however, the exemption shall persist for a single two-year election cycle only. Congress may exercise the exemption not more than once every 10 calendar years.
Section 4. No citizen attaining the age of 18, unless convicted of high crimes, or upon the provisions of sections one or two, shall be denied the right to vote.
Section 5. Congress shall provide names and information on persons and corporations receiving federal funds to the state legislatures in order for the states to enforce this amendment.
5. Central bank amendment
“Section 1. The United States, or any of them, may coin gold, silver, platinum or palladium as money, but neither Congress nor any state shall require paper money, bills of credit, or any other thing besides the above mentioned metals, as legal tender.
Section 2. Congress shall redeem all coin and debt bills at the U.S. Treasury at the rate of $5,000 for one ounce of gold, platinum and palladium and one pound of silver. Congress shall not close the redemption window, and shall enact legislation to open redemption windows in every state.
Section 3. All revenue raised by Congress shall be stored in the U.S. Treasury, and Congress shall not create any corporation in which to deposit public funds, nor shall Congress enact legislation regulating private interest markets, but Congress shall otherwise retain the power to regulate other banking and bankruptcy laws.
Section 4. No bank or on-demand deposit institution shall keep any less than 25 percent of depositors' funds in reserve at any one time and every bank and on-demand deposit institution shall publish on a monthly basis a statement of account, including assets, liabilities, profits and reserve totals. The states shall have the right to enforce the first part of this section and the federal government and states shall have concurrent powers to enforce the second part of this section.

Thomas R. Eddlem

If a person thinks the

If a person thinks the constitution needs to be changed, they are operating under the belief that the constitution is flawed in it's current state. If the constitution is flawed, then how can a person ever argue that things should be a certain way because the constitution says so?

I though DPers were all about the constitution, so how can so many of you want to change the holy sacrament of a Paulite?

What if they have a con-con, and outlaw private ownership of gold, wouldn't a constitutionalist then be forced to say they don't believe in the constitution? Then how would they be any different than those that don't agree with the basics of the constitution now?

Cyril's picture

Flawed Constitution? It's the claim of today's socialist POTUS

The Constitution certainly wasn't flawed up until the 13th amendment included... Well, AFAIC.

It became much, much more questionable with 14th amendment and onward, IMO.

Besides, guess what... one, in recent history, to make the quite astounding claim, on record, that the original Constitution was "fundamentally flawed", was... Oh, surprise, surprise! ... today's socialist POTUS... aka daddy/boss/King ObaMARX. Isn't it such a small world?

Wait. Maybe that's why he has thoroughly been IGNORING the Constitution for almost five years in a row, now?!

"Cyril" pronounced "see real". I code stuff.

http://Laissez-Faire.Me/Liberty

"To study and not think is a waste. To think and not study is dangerous." -- Confucius

Cyril's picture

"Et voila."

"Et voila."

http://www.youtube.com/watch?v=a_xNyrzB0xI

Too bad he didnt finish his heads up on how he intended to fix the "flawed Constitution".

I guess we have a better idea by now.

Don't we?

"Cyril" pronounced "see real". I code stuff.

http://Laissez-Faire.Me/Liberty

"To study and not think is a waste. To think and not study is dangerous." -- Confucius

Term Limits

Term Limits for Congress, Senate, and Supreme Court!!!

Restrict the "right" to vote

Fixing the Constitution without fixing the underlying problem -- the citizenry -- fixes nothing; or, at least, not for long.

The vast majority of Americans are NOT Americans. If the Constitution and Bill of Rights were put up for a popular referendum today, it would lose by an overwhelming margin. We've been actively importing and training enemies domestic for hundreds of years. Between those "citizens" who are actively OPPOSED to the philosophy and value-system upon which our Republic was founded, you have that vast swath of the population which really doesn't care -- they care only about comfort and getting more than they earn. Together these leaches (almost as many in the Republican party as in the Democratic party, and plenty of "independent" leaches as well) constitute a super-majority which includes probably more than 80% of the population.

9 out of 10 American's, can't even begin to express, cogently, the difference between a Republic and a Democracy. And of the nature of government and liberty? Government is always and everywhere the OPPOSITE of FREEDOM. To govern MEANS to restrict freedom; everything government does it does by restricting freedom in the system as a whole. How screwed are we if we aren't even aware of the meaning of the words we use? So how does government restrict freedom?

Even George Washington seemed a little confused. He said that "government is like fire" and waxed eloquent about the usefulness of fire. But more correctly government is like poison. Everything government does -- even its sometimes seeming benefits -- are derived by poisoning the freedom of someone somewhere. That's the whole of government action.

Can poison sometimes be useful? Yes. Most medicines are poison: X-rays are quite deadly but are used to image the internal body and kill cancer cells under the rule that sometimes you have to kill to heal. Arsenic is known as a way to kill people and rats but it has been used for centuries to fight some diseases, including cancer and syphilis. General anesthetics block pain by knocking you unconscious ... well down the road toward death.

When someone is careless with chemical poison we have plenty of avenues to hold them accountable. If there is reason to believe they are not competent or careful enough in manufacturing, storing, transporting, or applying poison they are restrained. If apply poison negligently they are civilly liable. If they deliberately cause, or even threaten, harm through poison they are locked up. If they might reasonably be suspected of always and everywhere spewing significant poison they may be quarantined. Premediated poisoning is punishable by incarceration or even death.

But if they deliberately worship and practice poisoning everything and everyone, avowing that the world can be made a better place if we just bury enough people deep enough in poison, we "respect" them and proclaim them "President of the United States". How stupid and toxic are we as a nation? Very stupid and toxic, indeed. Too stupid to live.

My suggestion for "fixing" the Constitution? Many things would help but the only suggestion I have to cut to the root of the problem is to restrict the right to vote to those who demonstrate they are responsible enough to vote. Restrict the "liberty"/ right to vote (yes, poison again). How?

The Founders attempted to do this, but they made a mess of it. They originally proposed that only real property owners could vote. To some extent this could be both rationally and morally defended (landowners demonstrated some degree of accountability and stability). However, their restrictions on the basis of race and sex are now seen as immoral and, I would argue, not even very rational.

The test for the right to vote should be a test for ability to discern, ability to reason, ability to be willful in a positive sense, and -- most of all -- a test which makes it highly likely that you comprehend and support the Constitution and Bill of Rights ... the heart of the Republic.

My proposal? My best thought to date is that a person EARNS the right to vote when they can stand in front of a crowd of 100+ of their peers (who have already been through this ordeal and honor) and recite, from memory, word for word, the entire Constitution and Bill of Rights. It would be nearly impossible for most people to get all the way through that memorization chore and not pick up the gist of the document. The lazy, disinterested, and corrupt would fall by the wayside. EARNING the right to vote would be something to be truly proud of. Perhaps an occasional idiot savant could memorize without comprehension, but I don't think an occasional idiot savant would be a real threat. In case, at the end of the recital I favor a simple question or two to establish basic comprehension.

Personally, I favor a quick quiz on the Tenth Amendment, judged by their peers -- all of whom had previously demonstrated their qualification to judge by making it through the same test. It takes real incompetence or corruption to NOT comprehend the meaning of the twenty eight simple words of the Tenth Amendment:

"Amendment X 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."

Pretty tough to comprehend, huh? Must require an advanced degree, huh? Moral dwarves, such as Hopey, Dopey, and Gropey, would be vetted by their peers, not by mere lawyers nor even Supremes. They would be vetted BEFORE they took the oath of office or they would surely be vetted afterwards, at the end of a rope. All the legislators would be vetted because all legislators were first qualified as citizen voters. Ideally there would be a remedial test each time a legislator or "public servant" came back in to office or up for annual review. Pretty hard to fake allegiance; pretty stupid to try. The Supreme law of the land would be protected and defended by those who supremely cared for and comprehended the Constitution and BoR. Those who thought the Constitution was a "goddamned piece of paper" or something to be subverted in the quest for power by specializing in graft and "Constitutional law" in college, would never apply for office. Imagine that.

Bill of Rights /Amendment X: "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."

Do you need a politician or judge to "interpret" those 28

Constitutional Restoration!

For starters how about restoring the original 13th Amendment to the constitution for the United States ( not the Fascist corporation a.k.a. UNITED STATES)

The Original Thirteenth Article of Amendment
To The Constitution For The United States

"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." [Journal of the Senate]

This means all Esquires , Sirs, and sundry traitors, GET OUT AND STAY OUT!

Simple.

I call it "The Last Amendment to the U.S. Constitution".

Congress shall pass no laws regarding anything, ever. Congress shall only repeal existing laws using the original intent of the Constitution as described in the Federalist Papers as a guide.

the anti federalist papers

Are equally important.

add an acknowledgement

Of our right to ignore the state. Annual renewal of citizenship / fee based. When the populace has a tool to choke the state..... it will be properly yoked.

i would leave it the same!

any Presidents/politicians who violates the bill of rights and the constitution shall be hanged!

the document as it exists

Is riddled with serious flaws. The Senate and the Prez can run roughshod over the people in the form of treaties ; and do so without breaking any laws (no means to impeach congressmen or senators). What about the absence of the role of the supreme court? The parchment worship in this country borders rediculous.

What about the absence of the role of the supreme court?

When you understand that YOU are responsible for the role of the one supreme court, the genius of the document will began to reveal itself. The Constitution is not the problem, it's the peoples misunderstanding of how the constitution can be applied in their case, which is frustrating.

http://www.powerpolitics.com
“If Americans wish to be free of judicial tyranny, they must at least develop basic knowledge of the judicial role in our republican government. The present state of affairs is a direct result of our collective ignorance.”

True, however

If the election of Senators was restored to the states this would undoubtedly have a meaningful check/balance on the ability of a Prez gone rogue to get such treaties past! Just think how many Gov seats would be vacated if we just restored the original 13th Amendment, all the attorneys a.k.a. sycophants, would be deported, not just relieved of their positions but deported back to their beloved queen.

Im liking

These thoughts on writing in punishments for disobeying the constitution and/or being held to a higher standard of conduct when in office. ie. Personal responsibility.

What would that language look like though?

NO MORE LIES. Ron Paul 2012.

So, are you going to begin organizing all of this?

I'm wondering if it's possible (s/b) for Michael or another mod to export this entire thread to Excel. Then you could separate and sort and spread each suggestion out into it's own cell. Then it could be re-posted as separate comments so that each unique one could be voted on. The results could be rather interesting.

yeah i guess so...

Seems someone gotta start somewhere...

NO MORE LIES. Ron Paul 2012.