Rewording the Constitution

 

Rewording the Constitution of the USA

I am not a lawyer.

I have never attended law school.

I am just a single individual in the collective “We the People”

But I do believe this probably should be a lesson and task that every law student be assigned or do for their own constitutional development. 

Reading the Constitution for her prose and her prose only, critiquing the prose, and going about the task of writing an individual version of the constitution in a simple and direct way that is more easily understood for the people of the USA. 

I think that would be a good homework assignment for a constitutional law class somewhere. A homework assignment that I will complete below. 

My critique of the prose of the constitution. 

1. The Constitution expands rights to people by restricting states from passing laws that restrict rights to people. The Constitution creates a positive change (an amendment) by telling states to subtract negative laws that result in negativity in people’s lives. Which mathematically and therefore scientifically doesn’t really add up as a positive. A negativity of some kind (pole taxes when voting) that is changed by the addition of a subtraction of something ( subtracting laws that allow pole taxes) is a math formula that does not add up to a positive. A negative number plus another negative number results in more negativity, except in the laws of the USA when it results in a positive change and expansion of rights. 
2. The constitution takes on problems in an indirect way and lacks the historical background or narrative that serves as the explanation for why the amendment or words exist the way it does. You almost have to go learn the history to understand what the words in the constitution mean and why it is important. On its own it is a poor explainer as to who the American People Are or what the American Story has been. 

The version below is an attempt to fix those problems.

 

The Constitution of the United States of America

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution of the United States of America. 

Article 1

Section 1. The Congress of the United States of America shall consist of the Senate and House of Representatives. This Congress shall have all legislative powers of the Federal Government. 

Section 2. The House of Representatives will be chosen by the people every two years. 

A member of the House of Representatives shall meet the following qualifications. 

1. Be at least the age of 25.
2. Be a citizen for at least 7 years.
3. Live in the state in which he is elected to represent. 

Despite what the Declaration of Independence says is self evident that “All Men are Created Equal” we are deciding to make the representation of the House of Representatives be unequal.

1. Free persons and indentured servants will count as a whole person.
2. Indians who are not taxed will be excluded
3. Slaves will be counted as three fifths of a whole individual person for the purposes of apportioning the House of Representatives. 

Every ten years the Federal Government will conduct a census and count the total number of individual people who live in the United States of America. This Census will be the basis of determining how many members of the House of Representatives will go to each state. 

When vacancies happen the executive of the state shall call for a special election for the people to choose a new representative. 

The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.

Section 3: The Senate of the United States of America shall consist of 2 Senators from each state; chosen by the state legislature. The term for a Senator shall be six years and shall be elected in staggered terms every 2 years so that 1/3 of the Senate is up for election every 2 years. Each Senator shall get one vote.

A Senator shall meet the following qualifications. 

1. Be at least the age of 30
2. Be a citizen for at least 9 years.
3. Live in the state in which he is elected to represent. 

The Vice President of the USA shall be the President of the Senate but shall not have a vote unless there is a tie. 

The Senate will try all impeachments and when impeaching a sitting President the Chief Justice shall preside over the proceedings. It takes two thirds of the Senate to successfully impeach someone and remove them from their office of public trust.

Section 4: Deciding the times, places, and manner of holding elections for Senators and Representatives is the job of the state legislatures. 

Congress shall assemble at least once a year. 

Section 5: Each body of Congress gets to decide their own legislative rules and procedures. 

Section 6: Senators and Representatives shall be compensated for doing the job of Senator or Member of the House of Representatives. An individual person can not have both jobs at the same time. 

Section 7: Legislation that raises taxes and revenue must begin the legislative process in the House of Representatives. If a law is passed by both the House of Representatives and the Senate and is vetoed and rejected by the President then the Congress can override the opinion and veto by having each body of the legislature pass the bill by a two thirds vote. 

A bill is passed when a majority of votes is cast in its favor in the house of its origin and consented by the other body of Congress by a majority vote and signed off by the President of the United State of America. 

Section 8: Congress has the power to tax the people along with the following list of things Congress might do that is not raising taxes but probably helps this document get ratified by the people. 

1. Borrow money.
2. Regulate commerce and trade with Indians and foreign nations.
3. Create laws that regulate citizenship
4. Create a currency and a system of weights and measures to regulate trade and commerce. 
5. Punish counterfeiters who sell fake money
6. Establish post offices and postal roads.
7. Promote the process of science and useful arts by issuing patents and copywriter protections to inventors, scientists, artists, and authors. 
8. Create courts other than the Supreme Court
9. Catch pirates on the open sea
10. Declare war
11. Raise an army for our defense
12. Provide and maintain a Navy
13. Make rules for the government of the Army and Navy
14. Call up a national guard to execute the laws of the union, suppress insurrections, and repel invasions. 
15. Provide for the organizing and discipline of the national guard. Each state shall have a military force whose leadership is appointed by each state legislature and executive. 
16. The District of Columbia is ruled by Congress.

Section 9: Congress can not make a law outlawing the slave trade until 1808. However, a tax no greater than $10 can be issued. 

A state can not issue a tax on goods exported from any state. 

Only the passage of a law can result in the withdrawal of funds from the treasury. A balance sheet shall be issued from time to time. 

No title of nobility shall be granted by the United States. 

Section 10: Goods will freely travel and be traded from state to state without taxes or duties or inspections. 

No state can enter into a foreign agreement without the consent of Congress or engage in a war unless they are being invaded. 

Section 9: Slavery is legal and Congress can not take actions to prohibit slavery until 1808.

The writ of habeas corpus can only be suspended in cases of rebellion or foreign invasion. 

Congress can not impose a death penalty on an individual without a trial. 

Goods traveling from state to state cannot be taxed. 

Ports can not impose a duty, tax, or tariff on goods coming from a different state. 

Only Congress through an act of creating law can spend money from the National Treasury. Every now and again Congress must let the public take a look at the balance sheet of the National Treasury. 

No title of nobility will be granted by the United States and nobody holding an office of public trust can accept a gift, title, office, or emolument of any kind from a king, prince, or foreign state. 

Section 10: State legislatures can not grant nobility to people, coin money, impose a death penalty on someone without a trial, grant letters of marque and reprisal either. Generally if Congress can not do something State legislatures can not do it either. 

States can not impose taxes on goods without the consent of Congress. 

States can not engage in foreign relations, keep an army, or go to war without the consent of Congress. 

Article II

Section 1: The Executive Branch of the United States Federal Government will consist of a President and a Vice President chosen during the same term. The term will consist of 4 consecutive years. The President and Vice President will be elected as follows. 

Each state will appoint electors equal to the total number of their representation in congress. By adding the number of Senators and Representatives together. However, no Senator or Representative or person holding office of public trust can be an elector. 

The electors will vote by ballot in the state they live in. The vote must reflect the will of the people of the state they are chosen to be an elector from. The votes are to be tallied, certified, sealed and delivered to the President of the Senate of the United States of America in Washington District of Columbia. 

The President of the Senate shall, in the presence of the Senate and the House of Representatives, open all the certificates, and count the votes. 

The person with the greatest number of votes is to become President of the United States of America if it is a majority (50% +1) of the votes. 

If a majority can not be reached then the House of Representatives shall choose who will become President from the top 5 of people with the highest number of votes. 

In all cases the person with the second most amount of votes shall become Vice President. If there is a tie the Senate shall choose who will become Vice President by vote. 

Congress will pick the date and time for choosing electors. All states will do it on the same day as directed by Congress. 

Only a citizen of the United States of America over the age of 35 can be President of the United States of America. 

In case of removal of the President from office, or of their death, resignation, or inability to do the job of the office, the job of President of the United States of America will go to the Vice President of the United States of America. 

The President will receive a paycheck for doing the job. The compensation can not be raised or lowered during his term of office. 

The oath to take the office of the President of the United States of America is as follows: 

“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” 

Section 2: The President of the United States of America is the Commander and Chief of the United States Military. 

The President can grant pardons and reprieves for offenses against the United States except in cases of impeachment. 

The President can make treaties with foreign governments and with a two thirds vote in the Senate the treaty shall be passed. The President can also make appointments of officials to do a variety of jobs including: Supreme Court Justices, Ambassadors, department heads, cabinet secretaries, and federal judges. These appointments must be approved by the Senate. 

The President shall have the power to fill an appointment during a recess of the Senate. 

The President must give a message to Congress on the state of the union from time to time.

The President can go to the Capitol and address Congress by convening both houses together. The President can also receive ambassadors from foreign governments. The President commissions all of the officers of the United States and ensures that the Laws are faithfully executed. 

Section 4: The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment, for and conviction of, treason, bribery, or other high crimes and misdemeanors. 

Article III

Section 1: The judicial power of the United States is the Supreme Court of the United States of America, and to inferior courts as Congress may from time to time ordain and establish. The judges shall be paid for their job and have good behavior. 

Section 2: The judicial power applies to all cases, in law and fairness arising from disputes about the constitution and the laws of the United States of America. 

Congress can enact laws to create a judicial appellate system and process of which type of case or dispute goes to which court and which jurisdiction. 

All trials will be done by jury unless it is an impeachment trial, trials are to be held in the state where the alleged crime took place. When a possible crime is said to have been committed in a territory or a place that is not a state Congress will decide where the trial will take place. 

(Addition) All defendants in a criminal trial are innocent until proven guilty beyond a reasonable doubt by a jury of their peers. 

Section 3: Treason against the United States of America shall consist only in levying war against her, or in adhering to her enemies, giving them aid or comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 

Directly attacking the seat of power using military inspired tactics to stop the transfer of presidential power and the counting of electoral votes while yelling about hanging the Vice President might be considered by some an act of war against the United States of America and a violation of section 3 in article 3. 

Article IV

Section 1: Full faith and credit is given to states for the running of the day to day activities of court houses, public acts, and public records. 

Section 2: Citizens of each state are entitled the same rights, privileges, and immunities as those in other states. 

If an individual allegedly commits a crime in one state and flees to another state can be arrested, detained, and transferred to the state in which the alleged crime has taken place so that justice can be served. 

Section 3: New states can be admitted to the union. The borders of new states can not be inside other states and two different states can not form a new single state unless Congress approves. 

Congress can make laws regulating the process of admitting new states to the union. 

Section 4: The State Legislatures of the United States of America are to be Republican forms of government. The United States of America will protect each legislature from foreign invasion and domestic violence. 

Article V

Congress can propose amendments to this Constitution to the state legislatures by a two thirds vote of the Senate and of the House of Representatives. States can propose amendments to this Constitution to Congress by a passage of two thirds of the state legislatures. An Amendment is passed when two thirds of Congress and two thirds of the State legislatures approve. 

Article VI

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article VII

This Constitution is ratified when 9 states pass it. 

September 17, 1787 

Amendments

Amendment I: The United States of America can never establish an official religion or restrict and prohibit anyone from free exercise of their religion. Congress can not prohibit a freedom of speech; however threats of violence against another citizen, libel and slander, purposefully deceiving someone with an intent to harm them, screaming “Fire” in a movie theater when there is not a fire can be instances of a criminal misdemeanor and s civil case. People also have the right to peacefully assembly and protest. 

Amendment II:People have the right to own a firearm for personal use; in part because we need to be able to defend ourselves from a potential foreign attack and a well regulated militia that is prepared to fight is probably a decent idea.

Amendment III:The home is a private place and a soldier in peace time can not live in a home unless they have the consent of the home owner. 

Amendment IV: Individual people have the right to be secure in their persons, homes, papers, and effects, against unreasonable searches and seizures. The agents of the Government of the United States of America and their states can not go through your things and search your home unless they have a warrant signed off by a judge detailing exactly what is to be searched and explaining a probable cause to searching a person or residence. This is a right to privacy inside the home and on your individual person that the government can not infringe upon unless there is a very good reason to do so and that reason must be detailed in writing. 

Amendment V: Individual people must be indicted by a grand jury before being asked to answer for a capital or infamous crime. Except in military cases involving military personal. Individual people can not be charged for the same crime twice. Individual people can not be compelled be a witness against themself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation. 

Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX:This Constitution will not directly state every single right individual people have, or predict every problem that may arise from this constitution. Common Sense of right and wrong, good and bad, legal and illegal, logic and illogical, will go along way to adhering to the principles of this constitution. This idea is to be described as an enumerated clause of the constitution. 

Amendment X:If the Congress has not passed a law on something then it is up to the states or the people to decide it for themselves. 

Amendment XI: In order to bring a lawsuit against a state the person during the state must live within the jurisdiction of the state being sued. Foreigners can not bring lawsuits against a state. 

Amendment XII:This constitutional experiment has created two major political parties and some problems have been made. A Vice President and President must both receive a majority vote from the electoral college, essentially both must come from the same political party and work together. Having opposing viewpoints on this government experiment like John Adams and Thomas Jefferson does not serve this constitution in its best interests. 

Amendment XIII:Slavery is unconstitutional in the United States and all of her jurisdictions. 

The only legal form of involuntary confinement is as a punishment for a crime where an individual has been given due process, a legal and fair trial by a jury of their peers, convicted by the jury for the crime, and sentenced by a judge to a prison or other forms of involuntary service or confinement. 

Amendment XIV:

Section 1: A citizen of the United States of America happens at the moment of that individual’s birth. From their very first breaths they are citizens of the state in which they reside in and of the United States of America. 

States can not pass laws or enforce laws that take away the rights and privileges of citizens of the United States of America. States can not deprive an individual of their their life, liberty, or property without due process of law; equal protection under the law applies to all citizens of the United States of America and no state government can deny that right to citizens of the United States of America. 

Section 2: Males 21 years or older can vote in elections. State legislatures can not pass laws restricting this right to vote unless the male has participated in acts of rebellion against the United States of America or has been convicted of a crime. 

 Section 3:No person shall serve in Congress or hold any public office who has previously engaged in a rebellion, insurrection, and treason against the United States of America. But Congress may by a two-thirds vote of each house override this section of the 14th Amendment.

Section 4:The debt incurred by the United States; including debts incurred for payment of pensions and bounties for suppressing an insurrection or rebellion, shall not be questioned. The United States Government declares al debts or obligations incurred in aide of the insurrection or rebellion to be illegal and void. All claims of financial loss from emancipation of any former slave is also illegal and void.

Section 5:Congress has the power to pass laws to enforce these provisions of the Constitution. 

Amendment XV:The right to vote can be taken away from citizens of the United States due to a previous condition of servitude, or on the account of race or color. 

Amendment XVI:Congress has the power to impose an income tax on the individual people in the United States of America. 

Amendment XVII: Senators shall no longer be elected by state legislatures. Senators in the Congress of the United States of America are to be elected by a vote of the people. 

Amendment XVIII: 

Section 1: The importation, exportation, and sale of intoxicating liquors is to become prohibited within 1 year of the ratification of this amendment. 

Section 2: Congress has the power to pass laws to enforce this amendment. 

Section 3:If this amendment is not ratified by the states within the next 7 years the amendment is to become inoperative. 

Amendment IX:The Right to vote in the United State of America is granted to female citizens of the United States over the age of 21. States can not pass laws restricting the right to vote on the account of sex. 

Amendment XX: 

Section I:A Presidential term ends at noon on January 20th. And the term of Congress ends on January 3rd. 

Section 2:If a President elect dies before taking office on January 20th but after being elected by the people then the Vice President elect shall become President. If there is a situation where the electoral college can not produce a majority for President and Congress can not produce a President by the beginning of the term on January 20th but has elected a Vice President elect the Vice President elect shall become acting President until Congress has produced a President. 

Section 3:Congress can pass laws to solve situations of Senators and Congressmen passing away in the in between time of elections and the beginning of the Congressional term. 

Section 4:  If this amendment is not ratified by the states within the next 7 years the amendment is to become inoperative. 

Amendment XXI:The eighteenth article of amendment to the Constitution of the United States is repealed. 

Section 2:Break out the champagne and open that bottle of bourbon because booze is legal again in the United States of America. 

Amendment XXII:Presidents can only be elected to office twice. No person who has held the office of President or served as acting President for more than two years of a term to which some other person was elected President shall be elected to the office more than once. 

This Amendment does not apply to Harry Truman. 

Section 2: If this amendment is not ratified by the states within the next 7 years the amendment is to become inoperative. 

Amendment XXIII:For electoral college purposes; Washington District of Columbia is hypothetically a state and is entitled to representation in the electoral college. 

Amendment XXIV:The Right to Vote can not be restricted due to a failure to pay a poll tax or any other tax or debt. 

Amendment XXV:In case of removal of President from office or of his death or resignation, the Vice President shall become President. 

Section 2: Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3: Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4: Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Amendment XXVI:The Right to Vote is granted to all citizens of the United States of America who have reached the age of 18 by Election Day. States may not pass laws restricting the right to vote based on their: race, color, religion, creed, sex, or age. 

Amendment XXVII:The right to compensation for work and participation in the global capitalist economic system by earning a wage is a fundamental right to all American citizens. States can not pass laws restricting the right to make money to any individual person for any reason whatsoever. However, states can pass laws regulating businesses to ensure public safety. (Not a real amendment but it’s better than the one they past a couple hundred years late in 1992.)