We need a Constitutional Convention

This is a letter to the citizens and the States of our great nation of the United States. It has become clear to many of us that the Federal Government no longer represents our nation as a whole. The federal government%u2019s job is to protect the rights, the freedoms, of their citizens. It is time to remind the Federal Government that they do not have the power, the people and the States retain the power to lead our nation into prosperity. I ask our States to stand up, protect our rights, for they have the power.

Over the last 233 years, amendments have been added to our constitution through the federal legislature before being ratified by the States. Though this is the only method ever used by our country, our forefathers left us an avenue to protect our States. I ask our States to protect us from an ever growing government by calling a Constitutional Convention. This method has never been used to add an amendment to the Constitution in the history of the United States. The last Constitutional Convention resulted in the creation of our great Constitution.

A convention can be called by two-thirds of the State legislatures. If a convention can be called, I propose that the representatives chosen from each State not hold any government elected position, no posting within any special interest groups, or work for any federal agencies. A convention should be held in a location that is away from large cities and federal government officials must not be allowed to visit. Those people selected or elected by the States to represent each State will not receive any wages from the State or Federal Government for participating in the convention. The State representative shall receive room and board from the State during the convention, not to exceed the actual expenses of the conventional duties.

I have outlined several amendments to be considered, some are previously proposed, some I have developed. They may need to be reworded, or even modified, this is just a jumping off point.

Proposed Amendments:

1 ) Congressional Budget

Congress can pass no budget that exceeds the income to the United States except in the case of a two-thirds vote of Congress during times of war.

2 ) United States Owning Land

a. The United States cannot own land within the borders of any state within the union. The State legislature may vote to lease the land to the United States at no cost. The state legislature may terminate the lease agreement at any time, giving adequate time to the United States to remove any people and equipment from the leased land.

b. Any land currently held by the United States will continue to be held by the United States unless State legislature votes to have the land returned to the State.

3 ) Presidential Appointments

a. The President can not appoint any positions of authority to any individual or group without the consent of the legislature.

b. The President may appoint personal advisors or clerical positions to assist the president in research or organization.

4 ) Legislature Term Limits

a. No Senator my serve as a Senator more than two (2) terms.

b. No Representative of the House my serve more than three (3) terms.

c. No elected official my serve in the legislature for more than twenty-two (22) years.

5 ) Legislature Pay and Staff

a. Each member of the House and Senate shall not receive any compensation from the United States for wages, benefits, or property.

b. Any personnel a Representative or Senator wishes to appoint to their staff must be approved by their State Legislature and will receive wages from the State.

c. The States are responsible for wages, benefits, and expenses of their Representatives and Senators.

Note: Anyone wanting to serve their country as an elected official does so as a volunteer and should not receive retirement, retirement medical, or any other service after time in the legislature has been served. The only exception to this may be protection details for those who need protecting. But this will be decided by each state under this amendment.

6 ) Legislature Bills

a. No bill within the House or the Senate may be voted upon within ninety-six (96) hours of the last amendment made to a bill.

b. No amendments may be added to a bill that is not associated with the original content of the bill.

Note: I am tired of seeing things like prison funding in a bill that started out as an education bill.

c. No bill may be voted on unless all members of the House or Senate are present, or a proxy is chosen by the State or the current Representative or Senator for that vote.

d. The House and Senate do not need all Representatives or Senators present for a vote in times of war or natural disaster where an emergency vote must be called to react to such emergency only.

7 ) United States Citizens

a. All people living within the United States have the same rights under the law as any Citizen.

b. All non-Citizens of the United States do not retain the rights to use any United States programs unless proof can be given that the non-Citizen has paid applicable taxes while residing in the United States.

Note: This may need to be clarified some, but basically I%u2019m saying if an illegal immigrant comes to the US and is beaten, they have the right to press charges. However, they do not have a right to medicare, social security, or welfare.

8 ) State Power to Veto

The States retain the power to Veto any bill by a three-quarter (3/4) vote of the legislatures of the several State for a period of six (6) months after it passes through the United States Legislature.

9 ) State Removal of Elected Officials

Each State has the right to investigate any claims of impropriety or criminal activates and remove any Representative or Senator of said State by that State%u2019s Legislature, and a new Representative or Senator shall be appointed to fulfill the term previously laid out.

10 ) Define the Shape of Congressional Districts, or Wards

a. All Congressional Districts, or Wards, must retain a rectangular shape, except in cases where a State border or natural landmark prevents a rectangular shape. The Congressional District, or Ward, cannot have one side more than twice the length of its perpendicular side.

11 ) Public and Private Education

a. Congress can pass no law prohibiting or requiring children to attend any school over another against the will of the parents or guardian.

b. Congress can pass no laws prohibiting or requiring school curriculum within the confines of private or personal schooling.

Note: Basically it is up to the parents to decide what school is best for their children, the state has no right to dictate what they think is best.

c. Congress can pass no laws that deny a child the right to religious practices on the grounds of a public school.

Note: This is to protect everyone%u2019s right to religion, not just Christian. It does not mean the rebirth of teacher led prayer for the entire school, those days are gone, but that does mean if a group of Christian students wish to gather for a prayer in the school lunch room before class and hold a prayer, the state has no right to prevent it. Under this point of view, teachers who hold the same beliefs may join, or even organize. This also means that if a practicing Muslim wishes to pray, that person has the right to step out of class for prayer without repercussions.

12 ) Expanding the Judicial Branch

a. Add Junior Justice

The nine (9) Senior Justice%u2019s will continue in their role as Justice as a lifelong term. No more than nine (9) Justice%u2019s will serve any case. Three Junior Justice%u2019s will be added to the court. Only one (1) Junior Justice may serve on a case at a time.

Note: This is not to arbitrarily add more government, the entire proposed amendment will add more responsibilities to the Judicial branch, combined with the increase of cases heard every year, this, I believe, will be a benefit.

b. New Appointment Method for Justices.

Each State will choose a member of their State Supreme Court. Each Representative Justice from the States will convene in a Supreme Court Convention and will choose a new Junior Supreme Court Justice. The nominees for Supreme Court Justice can not be a State Representative Justice.

 

Note: I am tired of seeing Justices chosen for political reasons. It is time for Justices to be chosen for their ability to interpret the laws and Constitution. What better way to choose a Supreme Court Justice than members of the State Supreme Court. Good judges know the criteria needed to be a good judge.

c. When a Senior Justice position is open, a Junior Justice will take the position and become a Senior Justice. A Supreme Court Convention will then be held by the States to choose a new Junior Justice.

 

d. States have a right to a vote of no confidence.

If a Justice is not upholding the Constitution in their rulings, the State Legislatures may hold a vote of no confidence. When three-quarter (3/4) of the States votes yes to no confidence, the Justice will be removed from the bench and a Supreme Court Convention will then be held by the States to choose a new Junior Justice.

e. Add Constitutional Inquest

Five (5) Inquests will serve in the Judicial Branch as Prosecutors. Their Primary job is to examine laws passed and validate that they do not exceed the Constitution. They will then build a case and bring it in front of the Supreme Court where the Justices may make their rulings.

Note: This does not prevent bills from being passed into law before the Inquest looks at it. The Inquest can build a case before the law is passed, but cannot take it in front of the Justices before it is passed into law.

f. Inquest%u2019s have the right to investigate any claims of impropriety or criminal activates of any Representative or Senator. The defendant will then be brought before three (3) Senior Justices to hear the case. With a unanimous decision, the Representative or Senator may be removed from office, never to be allowed to serve any government posting or run for an elected position, and all information can be turned over to a lower court where criminal charges may be filed.

Note: Inquest%u2019s secondary job is to protect the people from congressional misconduct. Congress will no longer investigate its own members. If allegations of misconduct or abuse of powers are brought against any federally elected official, an Inquest has the authority to investigate and build a case. This will add another check on Congressional abuses along with the state legislature being able to investigate its own congressmen.

g. Selecting Inquest%u2019s

Each state Attorney General will convene and select nominee%u2019s for the position of Inquest. The Attorney General%u2019s of each State then have one vote for an Inquest. A simple majority will suffice. In a case of a tie, the tie can be broken by the Vice President.

h. Removing an Inquest

The Inquest is appointed for 12 years. An Inquest can resign at any time. If an Inquest abuses their power, a formal hearing must be held by the Supreme Court.

13 ) United States and Business

a. The United States may not own, in whole or in part, any business for the purpose of creating revenue.

b. The United States may not loan or give anything of monetary value to any business.

 

Note: Basically, let a business succeed or fail on its own. If it%u2019s failing, there is a reason, so it%u2019s time for it to pack its bag. This definitely needs some expansion and clarification.

14 ) Right to Work

a. The United States and the States therein may not make laws that prevent Unions from forming or operating.

b. The United States and the States may not pass any laws requiring citizens to join any Union in order to attain, or maintain, gainful employment. Citizens may resign from a union at any time.

15 ) Government Grants, Donations,

a. The United States shall not give to any individuals, charities, not for profit organizations, or religious organizations without the United States receiving a product or service.

Note: We are not a socialist state. If people wish to go on welfare, then have those on welfare do some work. Even if it is walking down the highway one day out of the week picking up trash, those welfare recipients are providing a service for the money they are receiving. This seams a little harsh to some, but in the good old days, people helped each other when times where bad, the government had nothing to do with it.

16 ) Elections

a) No candidate for any government elected position may receive contributions from businesses, charities, religious organizations, or any other organization or group for the purpose of funding an election campaign.

Note: It would also be nice if this could be further expanded so that anyone running for office, not just those of the two parties, could receive the same coverage during an election. Also some way to bring forward a simpler way for candidates to get their points of view out to the public without hiding behind campaign promises and throwing mud at the other candidates. I am at a loss to how to accomplish this.

17 ) Legislative Rules

a) No Representative or Senator may own, in whole or in part, any business while serving in office.

b) No Representative or Senator may hold any position within a charity, religious organization, or any other organization or group.

18 ) Removal of Income Tax

a) The United States may not tax income.

b) The United States and the several States may not tax property.

c) The United States may tax sales.

Note: This, of course, is a plug for the beloved Fair Tax Plan, the most thoroughly researched tax reform plan in recent history.

19 ) Voter Fraud, Treason

a) Voter fraud is treason. Any individual, group, or organization convicted of voter fraud is a traitor to the United States and is subject to Article 3, section 3.

Note: I am tired of hearing about Voter Fraud. From my point of view it is a direct attack on our Constitution and our way of life.

20 ) Census

a. The United States may not collect any information through a census besides the number of people living in a residence.

b. Any individual, group, or organization providing the service collecting census information and knowingly provides fraudulent information to the United States may be prosecuted as a traitor to the United States.

Note: This sounds harsh, but census information decides how many representatives each state has. Fraud on this level is an attack on our way of life by trying to affect votes on the state and national level.

 

There are many more ideas out there, I invite anyone to debate, improve upon, or suggest new amendments. Feel free to visit my blog and discuss your thought s and feelings. http://our-republic.com/?p=26