The Amendments I Wish We Had
The Impetus for Change
Our Constitution, while it has been an enduring and provided fairly robust constraints on the ability of government to infringe upon the liberties of its people, is imperfect. The crux of the issue is primarily the changing circumstances society is subject to with the passage of time and the fact that the framers couldn’t account (understandably) for all new developments or possible unintended consequences. Thankfully for this, they provided an amendment process. I strongly believe there are several amendments that would make the vitality of our democracy stronger and further improve our union.
The Amendments
Campaign Finance
To protect the fair representation of the people, only natural persons of the United States may make expenditures to political entities. Congress and the States may enact legislation to protect the integrity and fairness of elections, impose caps on or eliminate private expenditures to political entities, the enactment of a public financing system for elections, and disclosure requirements of all expenditures relating to a political cause. This Article shall not be construed to alter freedom of the press. Congress and the States shall have the power to enforce this Article through legislation.
Electoral College Removal
The Electoral College shall hereby be permanently disbanded and the power to elect the President and Vice President shall lie solely and directly with the people of the United States. Congress shall determine the voting method used to determine the Offices of the Presidency and Vice Presidency and such a method will respect one person one vote and democratically reflect the will of the people.
Congressional Apportionment
This is a modified version of the original apportionment amendment proposed by James Madison.
There shall be no less than 1 representative for every 250,000 people. The size of the House of Representatives shall be calculated from this proportion with every Census.
Anti-Gerrymandering
This is lifted right from John Paul Stevens’ book:
Districts represented by members of Congress, or by members of any state legislative body, shall be compact and composed of contiguous territory. The state shall have the burden of justifying any departures from this requirement by reference to neutral criteria such as natural, political, or historic boundaries or demographic changes. The interest in enhancing or preserving the political power of the party in control of the state government is not such a neutral criterion.
Sovereign Immunity Repeal
Also lifted from Stevens’ book:
Neither the 10th Amendment, the 11th Amendment, nor any other provision of this Constitution, shall be construed to provide any state, state agency, or state officer with an immunity from liability for violating any act of Congress, or any provision of this Constitution.
Naturalized Citizens Can Be President
This is a modified version of the Hatch Amendment:
A Person who is a citizen of the United States, who has been a citizen for 10 years, and who is otherwise eligible for the Office of President, is not ineligible to that Office by reason of not being a native-born citizen of the United States.
Supreme Court Changes
This includes parts of the (unconstitutional) bill that Ro Khanna has advanced to the House floor.
Section 1
The President of the United States shall appoint one justice to the Supreme Court of the United States in the first and third years of their term with the advice and consent of the Senate with two thirds concurrence for one 18 year term. Confirmed justices shall be sworn into office of the first of August of that year. This procedure shall not retroactively apply to current sitting justices of the Supreme Court of the United States.
Section 2
If the Senate doesn’t exercise their advice and consent privilege within 90 days with respect to the President’s nominee to the Supreme Court of the United States, the Senate shall be deemed to have waived their advice and consent authority with respect to the nominee, and the nominee shall be seated as a Justice to the Supreme Court of the United States.
Section 3
The Supreme Court of the United States shall consist of 9 justices: 1 Chief Justice and 8 Associate Justices. These offices may be vacant in the event that someone departs the court prematurely before their term ends.
Terms of members of Congress
This amends Article 1 Section 2
Members of the House of Representatives shall be chosen every 4 years during the middle of a President’s term.
Strengthening the Fourth
The word “unreasonable” in the fourth amendment is hereby stricken.
Congressional Powers
This amends Article 1 Section 7
Section 1
If the Senate does not approve a bill originating from the House or the Senate’s amendments on such a bill are not approved by the House, the House may submit the bill again in the next session. If the Senate doesn’t approve of the bill a second time, nor respond in 30 days, the bill is sent to the President of the United States.
Section 2
If the House of Representatives does not approve of a bill originating from the Senate or propose amendments to it, it shall not be referred back to the Senate.
End the Lame Duck
Congress may not assemble anytime between the day of an election concerning Congress and the beginning of the next Congress without a three-fourths quorum of both chambers.
Curbing Presidential Pardons
Any Pardon granted by the President of the United States must require a three-fifths majority in both chambers of Congress to take effect.