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Suggested 26 US Constitution Amendments (Part 0 of 8): Introduction

The US Constitution is an excellent document that is part of the core US domestic rule set. It provides a scheme of check and balances that lead to a complex system behavior.

The system needs some tweaking in response to the findings of public choice theory, to fix small inherent flaws or contradictions, and to make other changes for the 21st century.

This PurpleSlog series will suggest 26 amendments, (plus 2 “stretch” amendments). Additionally I will note 9 common amendment ideas that I think should be passed on.

My Concern/Caveat: The list of amendments comes from years of thinking and note taking. I have documented the source/inspiration of the idea when remember it or have it noted. Some of the ideas where mine and then combined with like proposals. I will add further documentation as I find or as it is brought to my attention.

List of Suggested Amendments:

Part One – Legislative

– Legislative Apportionment by Citizen Population Amendment
– Term Limits for the House of Representatives Amendment
– Term Limits for the Senate Amendment
– States Optional Power for Congressional Recall Amendment
– Filling Vacancies in the House of Representatives Amendment

Part Two- Legislative (cont’d)

– Confirmation Process Time Constraint Amendment
– Basic Rules for the Operation of Congress Amendment
– Spending Control Amendment
– Spending and Taxing Consideration Amendment
– Modern Warfighting Power Amendment

Part Three – Executive

– Presidential Election Adjustment Amendment
– Presidential Pardon Power Restriction Amendment
– Spending Separation and Reduction Veto Amendment

Part Four- Supreme Court

– Judiciary Removal Amendment
– Supreme Court Term Limits Amendment

Part Five – General

– Constitutional Amending Process Amendment
– Banning Foreign Involvement in the U.S. Political Process Amendment
– Real Campaign Finance Reform Amendment
– Citizenship Legacy Rights Amendment
– Not Above the Law Amendment
– Voter Consent NOTA Amendment

Part Six – General (cont’d)

– Rights and States Clarification Amendment
– United States Law Supremacy Amendment
– Eminent Domain Powers Clarification Amendment
– Crime Victims Bill of Rights Amendment
– Extraordinary Crime Category Recognition Amendment

Part Seven – Stretch

– Freedom of Choice Constitutional Amendment
– Plain English Constitutional Amendment

Part Eight – The Bad Ideas

– Direct election of president
– Lengthening of congressional terms
anti-flag burning
– Allow non-native president
– Strict Marriage Amendment
– So-call Equality Amendment
– DC Statehood or Equal Representation Amendment
– Direct election of judges
– Anti-abortion amendment

Part Nine – Bonus/Additional Amendments and Odds and Ends

– Vice-Presidential Electoral Vote Process Amendment
– Presidential Electoral Vote Process Amendment
– Commerce Clause Clarification Amendment
– Flag Desecration Federalism Control Amendment

Update: Yikes! Corrected to 8 parts, plus this intro.

Update: I crossed out the anti-flag burning amendment to reflect my changed belief and have added a 9th part which will included things I have learned from this series.

Update: Require the Speaker of the House to Be a Full Member of the House

Update: Constitutional Amendment Needed To Close Loophole On Presidential and Vice-Presidential Eligibility

Update: The Supreme Court Chief Justice should preside over senate impeachment trials of the Vice-President and other members of the Executive Branch

Update: Barring Courts From Relying On Foreign Law (#36?)

Update: Allow states to choose to enact laws for the execution of Child Rapist (#37)

16 Responses

  1. What about a “Right to Privacy” amendment?

    This looks like an interesting series of posts. I’ve been thinking that we need a new Constitutional Convention. I also think we need to address the body of laws already past, which are really a mish-mash of laws, so a Legislative Convention would be good to streamline things, get rid of the bad, consolidate, etc.

  2. I thought a bunch about a Right to Privacy (one is not implicit) in the constitution. I think to much lawfare would take place as a result. In the second to last post I will present a Freedom of Choice Constitutional Amendment that gets much of the same results, with hopefully less lawfare.

  3. There is one problem with a consitutional convention as currently defined: when it is called, there is no restricting the topics that can cover. I do propose in a future post restricted conventions called for a set scope of topics.

  4. I do not think a spouse should be allowed to run for the office of President especially when one has already served two terms. Give others a chance.

  5. Dem…I am not sure that rises to the need of a major problem that requires an amendment. The voters can sort that out.

  6. […] 26 US Constitution Amendments (Part 1 of 8): Legislative Branch This PurpleSlog series will suggest 26 amendments, (plus 2 “stretch” amendments). Additionally I will note 9 common amendment ideas that […]

  7. No need for a new amendment to the Constitution. If a person in constitutionally ineligible to run for the Presidency then he/she is also ineligible to be vice-President. The Constitution already says that.

  8. Mark…if it actually said it that way – “if a person in constitutionally ineligible to run for the Presidency then he/she is also ineligible to be vice-President” – that would be perfect. The constitution does not say that though. It is convoluted and makes a difference re being elected and being appointed that lawyers could exploit.

    The simplest solution is to amende with the plain languaes everybody assumes it really meas and as you said it:

    “A person in constitutionally ineligible to run for the Presidency then is also ineligible to be vice-President”

  9. […] VP eligibility idea from 9/26/2009 into a simpler form: A person is constitutionally eligible to serve as President is then also […]

  10. […] 26 US Constitution Amendments (Part 7 of 8): Strech Posted on July 9, 2006 by purpleslog This PurpleSlog series will suggest 26 amendments, (plus 2 “stretch” amendments). Additionally I will note 9 common amendment ideas that […]

  11. Ironically, we both seem to have missed a good amendment that the Thai people did not.

    “In Thailand, the new constitution includes the notion that citizens have a basic right to know what their government is doing–a version of the Freedom of Information Act.”
    MAKING GLOBALIZATION WORK by Joseph Stiglitz, pg 55, 2007

  12. […] It is time for a Balanced Budget Amendment to the US Constitution. […]

  13. http://datechguyblog.com/2011/09/24/live-blogging-the-blogfathers-speech-at-harvard-law-school/

    “After Robert Bork, it was suggested that the Ninth Amendment ought to be re-written with “And we really mean it” at the end. Prof. Reyonlds would add the same to the Tenth Amendment. (He notes that people do not laugh so much at those Amendments as they used to.)”
    “Prof. Reynolds, via Robert Heinlein, suggests a “House of Repeal,” in which a branch of government would be mandated with repealing Congressional bills. Such a House would have an incentive to give us less law; members would run on reelection on which bills they would repeal.”
    “Other structural changes proposed by Prof. Reynolds is term limits. Those in the political class, regardless of party, have more in common with each other than with anyone back home. He quoted Will Rogers: “America has no native criminal class except for Congress.” Akin to human vis-a-vis fish reproduction, the diversity of the offspring is helpful – likewise, an end to term limits may create more turnover and energy in Washington. Prof. Reynolds is also concerned about the role of gerrymandering. There is also the Truth in Legislation Amendment, which would require the single-subject rule that a lot of states require (e.g. Tennessee). It is then impossible to pass omnibus bills, stuffed with special interests”
    “Prof. Reynolds also suggests an Amendment which would prohibit U.S. Senators from ever running for President. While very few Senators reach the highest office, most of them desire to be in the White House, and it would attract a different type of person to the Senate – one who would desire to be the best Senator that she could be.

    He then suggests that we look to state constitutions for ideas for limiting federal government, which are a treasure trove of limits on power. Hey, don’t go all “laboratories of experimentation on us”, Professor!”

  14. http://datechguyblog.com/2011/09/24/conconcon-part-ii-political-panel/

    “John Samples, Cato Institute, Georgetown Law School, from the libertarian perspective: the results of a Convention are so uncertain that it’s difficult for states to undertake it. “We the people in the amendment process” have ended up with a more centralised government than we would have if there were a true means of amending the Constitution through the people. We ought to give 2/3ds of the states the power to propose an Amendment, and 3/4 to pass, or a Repeal Amendment (in which 3/4ths of the states can repeal a Congressional law).”
    Rob Richie: director of Fair Vote. Richie repeated the idea that the Constitution is what five Justices of the Supreme Court says it is, so one way to amend it is to find different Justices. Then, in the sci-fi spirit, he asks what we would do if people routinely live until they are two hundred years old and have lifetime appointments.
    “Pennsylvania’s potential revisions to the Electoral College: PA suggests that candidates for President would win congressional districts, with the Senate electors going to the winner of the states. (Note: Maine and Nebraska allocate their electoral votes proportionally, based on percentage of votes obtained.) Richie supports a national popular vote via “Every Vote Equal”. He also argues for run-off voting. Well, I’m in favour of the latter proposal (run-off voting) but against the elimination of the Electoral College, which would result in the tyranny of the urban areas over the rest of the country. It’s expensive to campaign in small towns, to cover the distance, so campaigning would occur mostly only on the coasts.”

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