Suggested 26 US Constitution Amendments (Part 7 of 8): Strech

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.

This post: Stretch Amendments

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Suggested 26 US Constitution Amendments (Part 6 of 8): General

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.

This post: General Purpose Amendments, second installment

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Research on the Line-Item Veto

Greg Mankiw’s Blog has an article on the Line-Item Veto, looking at evidence of the effecivenss of the Line-Item Veto which conclues:

The bottom line: The line-item veto is a tactic of conservatives running scared in a vain attempt to control the growth of government.

In my Amendment series I included a proposed line-item variant that I called the Spending Separation and Reduction Veto Amendment:

Spending Separation and Reduction Veto Amendment

What

Allows a special veto whereby the president can separate-out and reduce a spending amount up to and including zero. Congress has normal veto override power over this veto type.

Why

We know from Public Choice Theory that representatives respond to incentives and are therefore not driven to serve the public good, but instead to maximize there own benefits. Rent-seeking by special interest has caused spending to go out of control. This is a control on the spending. Also, a line-item veto can not be legislated into existence.

The other blog’s suggestion that they do little to control spending, suggests the effects predicated by public choice theory are strong (long-term incumbents maximizing there own self-interests).

Term-limits along will the Spending Separation and Reduction Veto Amendment should have the desired effect. This is belief though, I have no proof.

Badger Blog Alliance Asks: Why are some people so against the flag protection amendment?

Badger Blog Alliance Asks: Why are some people so against the flag protection amendment?

My answer to this is threefold:

  1. There is no epidemic of domestic flag-burning
  2. I see no future constitutional crisis if one breaks out
  3. There are more important amendments to consider first

Update: Dan of TDAXP has changed my mind. Read about it in the comments.

Suggested 26 US Constitution Amendments (Part 5 of 8): General

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.

This post: General Purpose Amendments

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Suggested 26 US Constitution Amendments (Part 4 of 8): Supreme Court

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.

This post: Suggested Supreme Court Amendments

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Suggested 26 US Constitution Amendments (Part 3 of 8): Executive Branch

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.

This post: Suggested Executive Branch Amendments

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Suggested 26 US Constitution Amendments (Part 2 of 8): Legislative Branch

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.

This post: Suggested Legislative Amendments, cont’d.

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Suggested 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 I think should be passed on.

This post: Suggested Legislative Amendments

Continue reading

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)

On False Claims of Congressional Privilege from Search and Prosecution by the Executive Branch

Instapundit says:

The autonomy of Congress extends only to legislative business: Congress could, if it chose, let a convicted Senator or Representative continue to vote and participate in Congressional business from a jail cell, but the Speech and Debate Clause provides no generalized immunity from law enforcement, which is an executive function.

The US Political System needs tweaking: It is time for Congressional Term Limits and allow states to add Congressional Recall to their election rules if they so wish.

Why Congressional Term Limits are Needed

Public Choice Theory teaches the power of special interests and explains how they subvert the tax/spending process.

The legislators themselves become corrupted and get a sense of personal entitlement.

Part-time Pundit reports covers the Congressman Jefferson crime and shame:

The biggest thing that voters should sit up and take notice is that congressional leaders from both parties are taking offense to the fact an object of a criminal bribery probe had his congressional office searched. That's right. These congressmen have the audacity to complain that searching Rep. Jefferson's office violated separation of powers.

and

The party leaders and other congressional members carrying the water for Jefferson, however, is beyond the pale. Instead of being angry with Jefferson for abusing his office or calling for impeachment hearings, they are complaining that the FBI… did their job. The message they are sending is that they demand the right of privacy for congressman who use their office for illegal activities.

One way to counter this is Term-limits. Two terms for the senate and six for the house is more then sufficient. Future Purpleslog with cover this in an upcoming series of posts.

Update: Congress seems to have found a bipartisian issue it can rally around: protecting itself from oversight. They are even claiming privlege from search and investigation. What a bunch of assholes. Maybe six 2-year terms is too much. Maybe 1X6 for the Senate and 5X2 (or 3X2) for the house is needed. There would be a lot more churn this way.

Update: I would be okay with a constitutional admendment allowing individual states to create recall procedures if they so desire, for their elected member to Congress.

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