The New Constitution

Jefferson says Constitution must change to be viable

2012-01-16T13:44:00.000-06:00

On June 12, 1816, Thomas Jefferson wrote a long letter to Samuel Kercheval in response to a letter from Kercheval.

In the letter, Jefferson starts out saying the original Constitution does not form a truly republican form of government because there are too many situations in which the people are not equally represented. He said the House of Representatives is only elected by half the people, the Senate is not proportionate to population, the President is elected by electors or the House Of Representatives, the President’s cabinet is elected by no one, and the judges of the Supreme Court are not elected by the people.

“Where then is our republicanism to be found? Not in our constitution certainly, but merely in the spirit of our people. That would oblige even a despot to govern us republicanly. Owing to this spirit, and to nothing in the form of our constitution, all things have gone well. But this fact, so triumphantly misquoted by the enemies of reformation, is not the fruit of our constitution, but has prevailed in spite of it. Our functionaries have done well, because generally honest men. If any were not so, they feared to show it.”

“The sum of these amendments is, 1. General Suffrage. 2. Equal representation in the legislature. 3. An executive chosen by the people. 4. Judges elective or amovable. 5. Justices, jurors, and sheriffs elective. 6. Ward divisions. And 7. Periodical amendments of the constitution.”

"Some men look at constitutions with sanctimonious reverence, and deem them like the arc of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment. I knew that age well; I belonged to it, and labored with it. It deserved well of its country. It was very like the present, but without the experience of the present; and forty years of experience in government is worth a century of book-reading; and this they would say themselves, were they to rise from the dead. I am certainly not an advocate for frequent and untried changes in laws and constitutions. I think moderate imperfections had better be borne with; because, when once known, we accommodate ourselves to them, and find practical means of correcting their ill effects. But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors. It is this preposterous idea which has lately deluged Europe in blood….Let us, as our sister States have done, avail ourselves of our reason and experience, to correct the crude essays of our first and unexperienced, although wise, virtuous, and well-meaning councils. And lastly, let us provide in our constitution for its revision at stated periods. What these periods should be, nature herself indicates. By the European tables of mortality, of the adults living at any one moment of time, a majority will be dead in about nineteen years. At the end of that period, then, a new majority is come into place; or, in other words, a new generation. Each generation is as independent as the one preceding, as that was of all which had gone before. It has then, like them, a right to choose for itself the form of government it believes most promotive of its own happiness; consequently, to accommodate to the circumstances in which it finds itself, that received from its predecessors; and it is for the peace and good of mankind, that a solemn opportunity of doing this every nineteen or twenty years, should be provided by the constitution; so that it may be handed on, with periodical repairs, from generation to generation, to the end of time, if anything human can so long endure.”

A rendition of the entire letter may be found at http://teachingamericanhistory.org/library/index.asp?document=459

Like children arguing

2012-01-05T21:59:00.000-06:00

The President makes appointments without the approval of the Senate because he says they are not really in session. The Senate Republicans say that they are technically in session and the President cannot make the appointments under the Constitution without the Senate's approval. They are both gaming the system. Isn't it time for our leaders to start acting like adults?

Provision 8 Ratification And Effect Of This New Constitution

2011-12-25T18:38:00.000-06:00

Provision 8 of the New Constitution replaces Article 7 of the original Constitution. Provision 8 says, “The ratification of this New Constitution is based on a Vote Of The People with two-thirds in the affirmative. This New Constitution goes into full force and effect at the expiration of the prior Constitution.”

The method of transferring from the original Constitution to the New Constitution is via an amendment to the original Constitution. The amendment to the original Constitution will be issued separately.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Provision 7 Law Of The Land

2011-12-25T18:30:00.000-06:00

Provision 7 of the New Constitution is essentially the same Article 6 of the original Constitution except updated and reworded.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: Provision 8 Ratification And Effect Of This New Constitution

Provision 6 Amending This New Constitution

2011-12-25T18:26:00.000-06:00

Provision 6 of the New Constitution is essentially the same Article 5 of the original Constitution except updated and reworded.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: Provision 7 Law Of The Land

Provision 5 National Emergencies

2011-12-25T18:18:00.001-06:00

A “National Emergency” is a new concept in the New Constitution. When a National Emergency is declared by a vote of The People, certain actions are authorized by the national government. The ability to have a vote of The People in a timely manner is now possible because of electronic communications via radio, television and the internet. This Provision would require the organization of a capability to hold national elections quickly and safely.

When in a state of National Emergency:

Congress does not have to balance the budget
Congress may declare war or authorize the use of Military Forces outside the United States

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: Provision 6 Amending This New Constitution

Provision 4 – States and Territories

2011-12-25T18:04:00.000-06:00

The sections in Provision 4 of the New Constitution are essentially the same as Article 4 of the original Constitution except the statement pertaining to the escape of slaves is eliminated.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: Provision 5 – National Emergencies

3.4 Treason

2011-12-23T12:31:00.001-06:00

Treason is covered in Article 3 Section 3 of the original Constitution. The statements are a bit ambiguous about who the act of treason is talking about. The New Constitution specifies it is a Citizen who commits treason.

In addition, the New Constitution changes the phrase “aid and comfort” to “aid, comfort or materials”. This makes the act more specific and removes the problem with the word “and” requiring both to be treason.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: Provision 4 – States And Territories

3.3 Judicial Power

2011-12-23T12:18:00.000-06:00

Essentially, this section rewords and reorganizes Article 3 Section 2 of the original Constitution.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 3.4 Treason

3.2 Compensation

2011-12-23T12:11:00.001-06:00

Currently, Congress sets the compensation for the Supreme Court Justices. This puts the compensation in the area of political debate and decisions which can only cause problems.

The New Constitution corrects this problem. First, in the definition of terms in the Preamble, there is a definition of compensation:

“Compensation” includes current and future monies accrued or paid to a Person by the United States, plus items of value accrued or paid for by the United States including, but not limited to, living expenses, health care and retirement benefits.

In the New Constitution, the House of Representatives can recommend a change in compensation for the Supreme Court Justices. The recommend is given to The People and The People vote “yes” or “no” on the recommendation. In a binding referendum, the “owners” now approve the compensation of its Supreme Court Justices.

This Section also approves ten days of vacation a year for each for the Supreme Court Justices.

Section 1.7 also requires a binding referendum for approval of compensation for members of Congress.

You may read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 3.3 Judicial Power

3.1 Organization

2011-12-23T12:01:00.000-06:00

Unlike the original Constitution and its Amendments, the New Constitution specifies the name of the Supreme Court (in the original it was “one supreme Court”), the number of Justices serving on the Supreme Court, and declares there is a Chief Justice.

The original Constitution provides for a Justice sitting on the court for the rest of their lives while in “good behavior”. The New Constitution provides for a single 18-year term, ie term limits for Supreme Court Justices.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 3.2 Compensation

Provision 3 – Supreme Court

2011-12-23T11:43:00.000-06:00

This third branch of government was created by the writers of the original Constitution to be the nation’s judicial system at a national level. The Supreme Court is also intended to be one of the three centers of power within the government. Having three centers of power helps insure that no one branch can take total control of the nation to form a dictatorship or oligarchy; the Supreme Court helps insure the other two branches, Congress and President, don’t pass laws that are un-Constitutional.

However, it can be argued that the three branches of government have themselves, in total, become an oligarchy. The New Constitution is intended to either prevent that from happening or to dismantle the oligarchy if it does, in fact, exist. The vast majority of Americans would agree that having an American dictatorship or oligarchy is not in their best interest. In their quest for power and money, the oligarchy steals the freedoms of The People which are guaranteed under the original Constitution and Bill Of Rights.

Provision 3 of the New Constitution, like Article 3 of the original Constitution and Amendments, deals with the authority and responsibilities of the Supreme Court.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 3.1 Organization

2.13 Removal From Office

2011-12-23T10:11:00.000-06:00

This section is an updated version of Article 2 Section 4. Nothing has changed as far as intent.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: Provision 3 – Supreme Court

2.12 Execution of Laws

2011-12-23T10:06:00.000-06:00

This section is an updated version of a statement in the original Constitution in Article 2 Section 3. Nothing has been changed but the wording and separating the responsibility out into its own section.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 2.13 Removal From Office

2.11 State Of The Nation

2011-12-23T10:00:00.001-06:00

This section is an updated version of the original Constitution's Article 2 Section 3. What changes is that the President must give the report the first Monday of each year rather than being allowed to give from “time to time”. It also requires the report be given by the President both in writing and verbally.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 2.12 Execution of Laws

2.10 Appointments

2011-12-21T21:59:00.000-06:00

This is almost verbatim out of Article 2 Section 2 of the original Constitution.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 2.11 State Of The Nation Report

2.9 Foreign Affairs

2011-12-21T10:43:00.000-06:00

The original Constitution spends half a sentence on the President’s authority in the area of foreign affairs. This power is granted in Article 2 Section 2 of the original Constitution.

The New Constitution continues the Presidential powers granted in the original Constitution and it attempts to force Congress to move more quickly in working with the President in the area of foreign affairs by placing a 30-day requirement on Congress’ decision making.

Because Congress has moved so slowly on agreements with foreign governments, the United States loses face and advantage in making quick decisions. This delay by Congress has also caused the Presidents to come to “executive agreements” with other nations which the Executive Branch claims falls outside of Congressional approval needed for “treaties”. This section uses the term “legal agreement” to include Executive Agreements.

Both Congress and the President have been gaming the system.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 2.10 Appointments

2.8 Reprieves and Pardons

2011-12-21T10:19:00.000-06:00

This is almost verbatim out of Article 2 Section 2 of the original Constitution.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 2.9 Foreign Affairs

2.7 Reporting of Departments

2011-12-21T10:16:00.000-06:00

This is almost verbatim out of Article 2 Section 2 of the original Constitution.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 2.8 Reprieves and Pardons

2.6 Military and Defense

2011-12-21T10:11:00.000-06:00

The original Constitution addresses the President being the Commander in Chief of the military in Article 2 Section 2 but in the same paragraph mixes in other duties. In this New Constitution the issue of Commander in Chief is addressed as a unique and individual responsibility.

The New Constitution makes the President Commander in Chief of the Military Forces. “Military Forces” is defined in the Preamble and updates the meaning of military from being just the Army and the Navy.

The New Constitution also defines the primary duty of the President being the defense of the nation from external enemies. In the final draft of the New Constitution, this sentence will be moved to become the first sentence in this section to emphasize its overriding meaning.

Read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 2.7 Reporting of Departments

2.5 Compensation

2011-12-21T09:51:00.000-06:00

Currently, Congress sets the compensation for the President. This puts the compensation in the area of political debate and decisions which can only cause problems.

The New Constitution corrects this problem. First, in the definition of terms in the Preamble, there is a definition of compensation:

In the New Constitution, the House of Representatives can recommend a change in compensation for the President and Vice President. The recommend is given to The People and The People vote “yes” or “no” on the recommendation. In a binding referendum, the “owners” now approve the compensation of its President and Vice President.

This Section also approves ten days of vacation a year for each for the President and Vice President.

Section 1.7 also requires a binding referendum for approval of compensation for members of Congress.

You may read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 2.6 Military and Defense

2.4 Succession in Office

2011-12-20T15:27:00.000-06:00

This section deals with what to do if the President cannot or will not fulfill the duties of the office. Essentially this section combines the statements dealing with this issue in Section 1 Article 2 of the original Constitution and in Amendment 20. The logistical issue is complex and not easy to express in words; a decision chart would work better but is not appropriate in this form of document.

You may read the New Constitution at www.NewConstitution.info/images/New_Constitution.pdf

Next: 2.5 Compensation