What Would You Put in the Constitution?
Thomas Jefferson had this idea that the Constitution should be torn up once per generation (which, being Thomas Jefferson, he used actuarial tables to calculate at 19 years).
This idea terrifies me, by the way, because I wouldn't want people like Rick Santorum or Al Franken writing a new constitution, since their ideas of personal liberty are horribly, horribly at odds with my own.
Our Constitution was written in 1787, in a three-mile-per-hour world. It was pre-Freud, pre-Darwin, pre-Einstein, pre-germ theory, pre-atomic theory. It reflects the values and the times that produced it.
So, if you were writing the New Constitution in the year 2012, what would you add or take out? Or would you scrap the whole thing?
By the way, I'm going to preemptively address two reactions to this:
1. We wouldn't need to rewrite the constitution if we followed it as written.
Fine. That's my view too. But if you're going to say that, keep in mind that that's Ron Paul's position, and it's a degree of libertarianism you may not be comfortable with. It's not just ending the Drug War, it'd be eliminating things like the USDA, the FAA, the CIA, the FDA, Social Security and the FBI.
2. The Constitution was handed down by God/is divinely inspired, et cetera.
Believe that if you wish, but it doesn't further the discussion. The men who wrote it certainly didn't believe so. And not everyone believes in your god, so it may not be persuasive to them.
- Comment (79)
- · Quote
- · UnfollowFollow (3)
Comments:
Dec '10
Re: What Would You Put in the Constitution?
The beauty of the original design was that it denied the general government the wherewithal to enact anything but the barest necessities. They could goad the states philosophically but couldn't act so forcefully, especially when the states were the constituency represented by the Senate.
Feb '12
Re: What Would You Put in the Constitution?
Blame The Innocent
Easy answer: Return to the Articles of Confederation.
Barring that, 1. Define "Interstate Commerce" to stuff that actually crosses state lines.
2. Include the the 9th and 10th Amendments as something other than window dressing.
3. Correct the whole accidental...birthright citizenship business in the 14th Amendment.
4. Repeal the 16th Amendment.
5. Repeal the 17th Amendment.
6. Add an amendment something along the lines of "the right to be left alone."
7. Spell out that the Federal Courts are to decide cases under their jurisdiction and have no role whatsoever in interpreting the Constitution itself. · 56 minutes ago
Edited 37 minutes ago
I think you don't want to go back to an arrangement whereby the national government had no ability to collect tariffs directly, and had no ability to call out the military. Under the Articles, the national government had to rely on the good will of the states to make contributions voluntarily.
But the NJ Plan fixed these problems without going as far as our Constitution, so you might like that (see my above post).
Mar '11
Re: What Would You Put in the Constitution?
Cap the number of days Congress is in Session. 200 days seems about right.
Dec '10
Re: What Would You Put in the Constitution?
Leporello
I think you don't want to go back to an arrangement whereby the national government had no ability to collect tariffs directly, and had no ability to call out the military. Under the Articles, the national government had to rely on the good will of the states to make contributions voluntarily.
But the NJ Plan fixed these problems without going as far as our Constitution, so you might like that (see my above post). · 3 minutes ago
From the NJ Plan, "they be authorized to pass acts for raising a revenue, by levying a duty or duties on all goods or merchandizes of foreign growth or manufacture, imported into any part of the U. States, by Stamps on paper, vellum or parchment..."
Isn't that part of what got us into a revolution to begin with?
Feb '12
Re: What Would You Put in the Constitution?
TucsonSean: Fred,
You can assrt that the Constitution should be applied and not changed, without agreeing with Ron Paul as to what would survive. Nonetheless, to play the game: (1) Restore direct election of senators, (2) raise voting age to 21, (3) add term limits for congress, (4) 20 year terms for federal judges at all levels, (5) allow for Presidential line-item veto of all spending (subject only to simple majority override in each chamber), (6) sunset of all non-criminal laws and regulations of 2-, 5- or 10- years (max) as Congress may determine, and (7) add veto power of any statute by 3/5 of Governors. · 41 minutes ago
Edited 39 minutes ago
I like all those proposals, especially 6 and 7, although I'd prefer to raise the voting age to 25 at least.
Jun '10
Re: What Would You Put in the Constitution?
20 days would be even better.
Oct '10
Re: What Would You Put in the Constitution?
1) Line Item Veto
2) All provision of any House and Senate bills must relate directly the the purpose of the bill. (No sneaky favours to lobbyists tucked in unrelated omnibus bills)
3) Definitions of "high crimes and misdemeanors" to include failure to fulfill legally required duties (Like pass a budget for 3 years) and constitute ground for removal from office.
Edited on May 15, 2012 at 10:14pmJun '10
Re: What Would You Put in the Constitution?
This goes beyond the Constitution, but I like the idea of presidential candidates going back to the old days when they did not campaign, but worked through surrogates.
Obama's three surrogates: Maxine Waters, Joe Biden, and Al Franken (alternate: Debbie Wasserman-Schultz).
Romney's: Paul Ryan, Marco Rubio, and Chris Christie (alternate: Allen West).
Edited on May 15, 2012 at 10:17pmAug '10
Re: What Would You Put in the Constitution?
Cap the salary for Congress at $200 per biennium and increase membership to about 99,000, as per the New Hampshire House of Representatives.
May '11
Re: What Would You Put in the Constitution?
I'd like to add an ammendment where congress doesn't get paid unless they balance the budget.
Feb '12
Re: What Would You Put in the Constitution?
The Constitution, methinks, was flawed in two ways: (1) slavery and (2) tariffs. Both violate the unalienable right to liberty. One was fixed. Correct the second. That's the first change.
The commerce clause and the "general welfare" predicate to Article 1 Section 8 are both fine, albeit shredded by progressives since.
Second change: Repeal all of the amendments, yes, including the first ten.
Third, enact term limits. One six-year term for POTUS, one four-year term for congress. Leave to state legislatures that issue vis-a-vis senators. One ten-year term for Supremes. Have the federal government contribute 5% of salary or an optional 10% matching to a 401k, and provide no benefits extending beyond term of service.
Our problem, then, becomes UNDOING all that the government is, does, and spends, has been, has done, and has spent that is unconstitutional. There'd be a much different real-estate marketplace in and around D.C. And K Street would look like Flint, Michigan with tumbleweeds blowing through.
Mar '11
Re: What Would You Put in the Constitution?
Define what a citizen is (aka at conception).
Tax amendment which defines the category of taxes allowed and specifically states all persons/entities must have the same rate under a given type of tax, includes banning all deductions. That is one industry or product can-not be taxed higher, or one person cannot be taxed higher because of how much he makes or because of his age or what he spends his money on.
Ban the government from giving money to any entity unless they have performed a service for the government the value must be near market value. ( I realize this allows for free services but it would make the amendment to complex and inflexible for the future to specify what services the government is allowed to provided.)
Ban any and all public funding of education.
Term limits on federal judges of 20 years, with mandatory retirement age of 75. Secondly allow congress by 2/3rds or state legislators (by 2/3d's of all electoral, aka the same as being elected president only the voters are the legislators and one need 2/3d’s all electoral ) to overrule any court or executive decision.
Edited on May 15, 2012 at 10:38pmFeb '12
Re: What Would You Put in the Constitution?
To be fair, the Framers went out of their way to be sure that the Constitution gave no recognition to slavery. Perhaps you already agree, but, if not, take a look at this convenient summary:
http://www.lawweekly.org/?module=displaystory&story_id=1509&edition_id=53&format=html
Others expounded on this question at greater length on the topic, such as Frederick Douglass and Lincoln.
Mar '11
Re: What Would You Put in the Constitution?
Expiration dates for Federal programs and agencies. Let's say 10 years. Renewals require 2/3 majority vote.
Mar '11
Re: What Would You Put in the Constitution?
Get rid of the requirement for a post services. No need for minimum age requirements for holding office. Change the passage of constitutional amendments to 2/3d’s of the electorate via state legislators.
Leave it up to states how they appoint/elect senators.
Specially state a federal reserves only responsible is insure the supply of money at close to zero inflation as possible.
Get rid of the general welfare clause instead replace it with a clause which states all persons are to be treated equal under the law but government is not allowed to insure equal outcomes only equal opportunities.
Define what a religion is and what it means to establish a religion by a government entity in a paragraph or two.
Balanced budget amendment other than for war spending (aka violent conflicts, not war on Poverty, Woman etc.)
Mar '11
Re: What Would You Put in the Constitution?
"All in favor of Balanced Budget Tax...."
Mar '11
Re: What Would You Put in the Constitution?
"All in favor of starting a war...."
Feb '12
Re: What Would You Put in the Constitution?
"To be fair, the Framers went out of their way to be sure that the Constitution gave no recognition to slavery." (Leporello)
The Framers were careful to obfuscate by referencing, e.g., "importation of Persons" at Article 1, Section 9 for the slave trade, "other persons" at Article 1, Section 2, and "person held to service or labor" at Article 4, Section 2 for slaves.
Meanwhile, the Constitution assured continuation of the importing slaves to at least 1808.
Oct '10
Re: What Would You Put in the Constitution?
Territoriality amendment:
If you're of the left persuasion, call it the anti-imperialism amendment.
Fairness amendment:
This is a bit more subtle. By “sovereign capacity” I mean to exclude all of the group quota scams, while allowing the U.S., as a purchaser of goods and services, to choose one vendor over another.
Feb '12
Re: What Would You Put in the Constitution?
I have to question the first, Mr. Walker, and nix the second. certainly may, for example, have law that pertains to international commerce when it includes the territory of the United States with respect to expats (U.S. citizens living/working abroad). If we didn't discriminate, we'd never date, much less marry. I think the government should discriminate, e.g., based on intelligence, on license, on criminality.