What if you had a chance to re-write the Constitution?

[pahs1994]

I thought this might be a fun topic... If there ever was to be a Con-Con or a chance to get a total re-do on the Constitution, What revisions would delegates from the RPF community submit? this topic can be on any issue in or not currently in the document. A few examples:
would you add provisions to break up the possibility of a two party system? what would they be?
Should there be changes to the electoral college?
Would you propose an alternate way of selecting the Supreme court?

The original intent of the first document has been greatly perverted over the last 200+ years, what would you change in the constitution or our way of governing knowing what we know now to prevent that from happening again?

[fisharmor]

In similar past conversations I've advised that it is instructive to read a historical example where this happened.
The confederacy indeed scrapped the 1789 constitution and wrote their own.

http://www.usconstitution.net/csa.html

Sorry about the link, usconstitution.net has gotten pretty ad-ridden.
Of course you need to look past all the stuff about negro slaves. When you read it through, though, I think it's clear that the authors knew what the original intent of the US Constitution was, because they kept most of it.

But in particular you should note that the commerce clause in the confederate constitution contains extra caveats. Also, their RTKBA statement doesn't include the infamous comma.

And my favorite part of it is that the Article 5 convention was changed so that it it requires the petition of three states. Not two-thirds... three.
So yeah, there's all that negative stuff in there about negro slaves... and a virtual guarantee that slavery would be written out of their constitution within 30 years or so, as soon as the industrialization of the North made it down there. Sure, some states would probably have seceded and maybe held out through the 1920s or so... but there wouldn't have been a pile of ~750,000 bodies as a result.


Of course, if I was rewriting it, it would probably say only this:

1) Employment of all federal law enforcement officers and their supporting employees shall be terminated by January 1 2015. All assets owned by their employing agency shall be auctioned by this date. Revenues from these auctions shall be divided equally among terminated employees and offered as severance.

2) Employment of all other federal agents and their supporting employees shall be terminated by January 1 2018. All assets owned by their employing agency shall be auctioned by this date. Revenues from these auctions shall be divided equally among terminated employees and offered as severance.

3) The US Constitution of 1789 shall be inoperable as of January 1 2018.

That would do nicely.

[PierzStyx]

Nothing. As it was written with just the original ten amendments it was the most inspired and well conceived government documents ever. The problem is not the document but the people. No amount of ink on paper can protect liberty when the people beg for shackles.

[Icymudpuppy]

Amendment 2... Rewritten:

The right of the people to keep and bear arms as a means to defend themselves against criminals, foreign invasions, domestic insurrections, and tyranny in government shall not be infringed.

Commerce clause rewritten:
Congress shall have power to regulate Commerce with foreign Nations, and with the Indian Tribes. Congress shall have power to eliminate trade barriers among the states.

New Amendment: All federal elected officials shall be paid the average hourly rate of their district constituency. They will clock in for official duties such as managing their office, attendance in committee, attendance on floor, and meetings with diplomats and constituents. Campaigning must be done on their own time. Travel to and from places of work including overseas diplomatic trips is not paid, but transport expenses are reimbursable with receipt. All federal bureaucrats and office staff will be paid no more than 90% of the average hourly rate of their immediate superiors; Thus an agency head will receive 90% of the average hourly pay of the elected members of his or her overseeing committee.

(this amendment should seriously cut down on greedy people looking to join government service.)

[Bruehound]

Simple. Resubmit the 9th and 10th amendments exactly as written with a final sentence added to each..."And we mean it!"

[thoughtomator]

I would put in a Constitutional referendum every 19 years, as Thomas Jefferson suggested

[erowe1]

Nothing. As it was written with just the original ten amendments it was the most inspired and well conceived government documents ever. The problem is not the document but the people. No amount of ink on paper can protect liberty when the people beg for shackles.

So you think they should put this part back in it?

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

[erowe1]

Simple. Resubmit the 9th and 10th amendments exactly as written with a final sentence added to each..."And we mean it!"

I would prefer that they just whittle down the whole Constitution to the 10th Amendment, with nothing else that could be construed as an enumerated power, along with an article about how to add enumerated powers, by no means other than unanimous explicit consent of the whole population, to be renewed each time a person is added to the population with their consent, or else abolished.

[heavenlyboy34]

Almost all powers enjoyed by the FedGov would be returned to the states, and absurd things like creating new federal agencies would require a super majority in both houses of congress. There's other things, but that's what springs to mind right now, plus secession/nullification rights, of course.

[angelatc]

I'd define limits on what SCOTUS is allowed to do, as in not allowing unconstitutional laws to stand.

I'd eliminate the commerce clause entirely. Let markets work.

I'd make federal welfare unconstitutional. I'd make federal standing armies unconstitutional. I'd sunset all Congressional legislation after 10 years, max.