If We Rewrote The Constitution...

[KevinWestern]

What would you change ?

What would you correct ?

What would you clear up ?

I would add an amendment that was related to the way Presidential and Congressional campaigns were financed. This would have to be well thought out (however) and would likely require some complex structures that don't create a lot of unintended side-effects.

Right now, rich & powerful individuals have special and exclusive access to our lawmakers due to the fact they can provide them with huge sums of change to get reelected. If you could somehow curb this so that everyone participating in the democracy had a somewhat equal "value", the politician would be forced to give an ear to ALL citizens. I can't see how this would be a bad thing.

And if campaign financing was uniform and set in stone (ie you are only allowed X), the politician wouldn't have to spend so much time worrying about raising money (more time for doing their job!). Currently I believe 30% of a politician's time (on average) is devoted to this.

 

[jwoodie]

The biggest omission in the Constitution was its failure to foresee the rise of partisan political parties (thank you, Thomas Jefferson), as evidenced by the original scheme for electing the President and Vice President.

The second biggest omission was the failure to foresee amendment of the Constitution by judicial fiat. The 10th Amendment should have explicitly provided that none of the foregoing rights shall be expanded or limited except by formal amendment as provided therein.

The third biggest omission was the failure to foresee continual deficit spending. In such circumstances, increases in per capita spending should be prohibited except in times of national emergency.

The fourth biggest omission was the failure to foresee gerrymandering of congressional districts. Although this is a State issue, it goes to the very heart of representative democracy.

 

[oldfart]

What would you change ?

What would you correct ?

What would you clear up ?

Two quick comments. First, the have a body of law that interprets and defines concepts in the Constitution. Would a new constitution be a tabula rasa or would it incorporate all of that body of law?

Second, there is one part of the Constitution which is unamendable, the provision that no state can be denied by amendment of its equal representation in the Senate. I believe that a replacement constitution could abolish this limit. But how could a replacement doing so get approval of 75% of the states? We have "rotten borough" situation equal to that addressed by the British in 1832.

Rotten Borough ? I think the question is....would people want New York essentially running the country ?

The thirteen least populous states can block any constitutional amendment. They have a combined population of less than 13 million. The rest of the country has a combined population of over 300 million. I'd call that a lot of rotten boroughs. Tell you what. Let's disenfranchise New York and Texas and call it even.

 

[jwoodie]

Would you then allow them to secede? The smaller Colonies would never have agreed to unite if they could have been dominated by the larger ones.

 

[BobPlumb]

What would you change ?

What would you correct ?

What would you clear up ?

Nothing, frankly.

There’s nothing that needs to be changed, corrected, or cleared up:

Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.

LAWRENCE V. TEXAS

The genius of the Framers was their correct understanding and intent that the Founding Document be neither ‘living’ nor ‘literal.’

The Constitution is the codification of eternal principles designed to afford each person the means by which to safeguard his civil liberties in the context of Congress’ powers both enumerated and implied, placing the greater burden upon government when it seeks to encroach upon those civil liberties, and making legitimate and binding those laws which respect those eternal principles.

Through the process of judicial review the Federal courts in good faith weigh the evidence brought before them concerning the conflicts and controversies of the day, and render decisions predicated on Constitutional jurisprudence in accordance with the rule of law.

The Constitution is not the ‘beginning’ or ‘start’ of anything; rather, it is the culmination of centuries of Anglo-American judicial tradition, and it derives its legitimacy from that tradition, from the tenets of English common law, from the authority of judicial review as acknowledged by the Constitution and the Founding Generation, and from the primacy of the rule of law vital to the Republic.

Given these facts, it become clear why the Constitution is in no need of being changed, corrected, or cleared up.

IMHO, the constitution has morphed through the process of judicial review when it should only be changed though the ammendment process as described through the constitution.

 

[Statistikhengst]

The biggest omission in the Constitution was its failure to foresee the rise of partisan political parties (thank you, Thomas Jefferson), as evidenced by the original scheme for electing the President and Vice President.

The second biggest omission was the failure to foresee amendment of the Constitution by judicial fiat. The 10th Amendment should have explicitly provided that none of the foregoing rights shall be expanded or limited except by formal amendment as provided therein.

The third biggest omission was the failure to foresee continual deficit spending. In such circumstances, increases in per capita spending should be prohibited except in times of national emergency.

The fourth biggest omission was the failure to foresee gerrymandering of congressional districts. Although this is a State issue, it goes to the very heart of representative democracy.

Not real sure why you are "thanking" Thomas Jefferson. You are aware that he did NOT write the Constitution, correct? But not only did Jefferson not forsee the rise of political parties: practically every other person of high-name value of his time felt the same way and yet, by 1800, political parties had already formed.

As far as deficit spending, this Union has been in debt every single year of it's existence, save 1835, if memory is correct. And it has experienced deficit spending almost every one of those years as well. So, it's not like debt wasn't on the table at the time of James Polk. It was.

I agree with you strongly about the fourth omission. This should be clearly illegal and today, a monster computer should draw the districts based purely on population density and logical geography.

 

[Statistikhengst]

Some additional changes....

The Bill of Rights is NOT incorporated onto the states......

Senators are appointed by state legislatures.

The House grows with the population such that each house member always represents X number of people (say 100,000).

I'd codify the electoral college (this should bring some rain).

The first two (bolded) I find ridiculous. If federal law cannot supercede state law, which is what you are inferring, then there is no reason to have a Union in the first place, IMO.

Why should Senators be appointed? That is just more cronyism.

The two non-bolded sentences I agree with, and strongly, and they will be part of the electioneering thread I promised you.

 

[jwoodie]

The biggest omission in the Constitution was its failure to foresee the rise of partisan political parties (thank you, Thomas Jefferson), as evidenced by the original scheme for electing the President and Vice President.

The second biggest omission was the failure to foresee amendment of the Constitution by judicial fiat. The 10th Amendment should have explicitly provided that none of the foregoing rights shall be expanded or limited except by formal amendment as provided therein.

The third biggest omission was the failure to foresee continual deficit spending. In such circumstances, increases in per capita spending should be prohibited except in times of national emergency.

The fourth biggest omission was the failure to foresee gerrymandering of congressional districts. Although this is a State issue, it goes to the very heart of representative democracy.

Not real sure why you are "thanking" Thomas Jefferson. You are aware that he did NOT write the Constitution, correct? But not only did Jefferson not forsee the rise of political parties: practically every other person of high-name value of his time felt the same way and yet, by 1800, political parties had already formed.

As far as deficit spending, this Union has been in debt every single year of it's existence, save 1835, if memory is correct. And it has experienced deficit spending almost every one of those years as well. So, it's not like debt wasn't on the table at the time of James Polk. It was.

I agree with you strongly about the fourth omission. This should be clearly illegal and today, a monster computer should draw the districts based purely on population density and logical geography.

John Adams offered a nonpartisan co-Presidency with VP Jefferson, who refused and spent his entire term trying to undermine Adams. Through dirty politics, Jefferson helped transform honest debate into partisan one-upmanship. The fortuitous Louisiana Purchase was one of the few bright spots of his otherwise dismal presidency.

Debt was not used to finance continuing governmental operations, like it is today. My suggestion would be to prohibit per capita increases in spending in any year that federal government revenues do not equal or exceed expenditures (except national emergencies).

 

[BillyZane]

A few changes I'd make

1. I'd make the first amendment clearer that no official religion does NOT mean that religion can't be practiced on public property.

2. I'd make it clear that gun ownership is a right that the FEDERAL government can only take under a few VERY specific circumstances, but that there simply is no right to carry firearms and governments may restrict that .

3. I would return to the practice of Presidential candidates running alone and the runner up becomes the VP.

4. I would repeal the so called "anchor baby" clause.

5. I would make ALL bills be presented to Congress on their OWN merits, no riders. NONE , NADA, ZILCH, NOT A SINGLE RIDER.

6. I would convert our tax system to a national sales tax of 10% no exemptions, no deductions.


Those 6 changes alone would do wonders for this country, and although I have others, that would be a great start.

 

[PMZ]

The only thing that I would eliminate, by amendment, would be the Electoral College, a vestige of long past times.

Debt is a fact of life among virtually all families, corporations, organizations, governments. It's a perfectly legitimate way to finance long term goals. It served America well until Bush II.

Now that option has been all but eliminated from our tool box for things like the largest project mankind has ever undertaken, the conversion to permanent energy sources.

That will reign huge in the near future but will serve as a multi-generational reminder of our experience with conservatism.

 

[Listening]

A few changes I'd make

1. I'd make the first amendment clearer that no official religion does NOT mean that religion can't be practiced on public property.

2. I'd make it clear that gun ownership is a right that the FEDERAL government can only take under a few VERY specific circumstances, but that there simply is no right to carry firearms and governments may restrict that .

3. I would return to the practice of Presidential candidates running alone and the runner up becomes the VP.

4. I would repeal the so called "anchor baby" clause.

5. I would make ALL bills be presented to Congress on their OWN merits, no riders. NONE , NADA, ZILCH, NOT A SINGLE RIDER.

6. I would convert our tax system to a national sales tax of 10% no exemptions, no deductions.


Those 6 changes alone would do wonders for this country, and although I have others, that would be a great start.

Amen....

Great Catch !!!

 

[kaz]

What would you change ?

What would you correct ?

What would you clear up ?

A few off the top of my head

Eliminate the income tax

Eliminate direct election of senators and have State legislatures appoint them

Make earmarks unconstitutional

Reinforce that the commerce clause is for interstate commerce and cannot be used to regulate businesses or intrastate commerce and state that it is only to be used to expand commerce between the states and it's not to be used to restrict it or provide the federal government with an excuse to regulate it

State the the Federal government has no say over our bodies or what we do with it or put in it.

Reduce the text of the second amendment to read, "the right to own and possess guns shall not be infringed" eliminating the words that confuse liberals and give the courts the excuse to do things they have no authority to do.

Add term limits, limit people to to three, two year congressional terms, one six year senate term and one six year presidency.

Require 2/3 majority in both houses for any tax increase.

Clarify that general welfare means that all benefit equally. Meaning things like the national parks are OK, welfare isn't.

Ban foreign aid.

Ban political parties for elected officials

Waive the ability of elected political officials and government employees to use a defense of entrapment so the people can verify the people who are supposed to be working for them are. In fact they should be told law enforcement WILL try to entrap them.

State that congressmen cannot exempt themselves from any law that they pass.

Eliminate tax withholdings so people have to write a check for any tax they pay.

 

[PMZ]

A few changes I'd make

1. I'd make the first amendment clearer that no official religion does NOT mean that religion can't be practiced on public property.

2. I'd make it clear that gun ownership is a right that the FEDERAL government can only take under a few VERY specific circumstances, but that there simply is no right to carry firearms and governments may restrict that .

3. I would return to the practice of Presidential candidates running alone and the runner up becomes the VP.

4. I would repeal the so called "anchor baby" clause.

5. I would make ALL bills be presented to Congress on their OWN merits, no riders. NONE , NADA, ZILCH, NOT A SINGLE RIDER.

6. I would convert our tax system to a national sales tax of 10% no exemptions, no deductions.


Those 6 changes alone would do wonders for this country, and although I have others, that would be a great start.

What successful country are these changes modeled after?

 

[PMZ]

It's interesting that conservatives, always patting themselves on the back for being strong Constitutionalists, want more than liberals to change it.

 

[Listening]

Would anyone vote to get rid of the federal income tax ?

If so, how would you fund the federal governmemt.

I'd keep it. And I'd make everyone pay 2% regardless. That means you pay 2% up front....regardless if you have deductions past that. And no matter how small your income.

 

[BillyZane]

A few changes I'd make

1. I'd make the first amendment clearer that no official religion does NOT mean that religion can't be practiced on public property.

2. I'd make it clear that gun ownership is a right that the FEDERAL government can only take under a few VERY specific circumstances, but that there simply is no right to carry firearms and governments may restrict that .

3. I would return to the practice of Presidential candidates running alone and the runner up becomes the VP.

4. I would repeal the so called "anchor baby" clause.

5. I would make ALL bills be presented to Congress on their OWN merits, no riders. NONE , NADA, ZILCH, NOT A SINGLE RIDER.

6. I would convert our tax system to a national sales tax of 10% no exemptions, no deductions.


Those 6 changes alone would do wonders for this country, and although I have others, that would be a great start.

What successful country are these changes modeled after?

Um, the US pre 1930?

 

[PMZ]

A few changes I'd make

1. I'd make the first amendment clearer that no official religion does NOT mean that religion can't be practiced on public property.

2. I'd make it clear that gun ownership is a right that the FEDERAL government can only take under a few VERY specific circumstances, but that there simply is no right to carry firearms and governments may restrict that .

3. I would return to the practice of Presidential candidates running alone and the runner up becomes the VP.

4. I would repeal the so called "anchor baby" clause.

5. I would make ALL bills be presented to Congress on their OWN merits, no riders. NONE , NADA, ZILCH, NOT A SINGLE RIDER.

6. I would convert our tax system to a national sales tax of 10% no exemptions, no deductions.


Those 6 changes alone would do wonders for this country, and although I have others, that would be a great start.

What successful country are these changes modeled after?

Um, the US pre 1930?

The typically conservative return to simpler times. Like the Great Depression.

 

[BillyZane]

What successful country are these changes modeled after?

Um, the US pre 1930?

The typically conservative return to simpler times. Like the Great Depression.

well, except that I favor a higher minimum wage among other things that would prevent such another catastrophe.

 

[PMZ]

Um, the US pre 1930?

The typically conservative return to simpler times. Like the Great Depression.

well, except that I favor a higher minimum wage among other things that would prevent such another catastrophe.

I favor a return to liberal business management with the focus on investing for growth rather than shrinking to success.

As few people as possible making minimum wage because demand for workers is higher than supply.

 

[National Socialist]

Ditch the whole thing minus bill of rights and add the 25 points of NS in there. All Done. Oh and clarify the 2nd amendment.