I have had several discussions recently about how to “fix” the Constitution. The fixes (not meant to be inclusive) are simple:
1. Article 1, Section 8 – enumerated powers:
Add “and this time, we mean it.“
The preamble would not be considered to be the basis for any law.
2. Add Thomas Jefferson’s section for removal of a member of the Supreme Court by Congress as part of the checks and balances of all three branches of government.
3. Remove the section (Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.) in Article 1 since it no longer applies.
4. Add that no man or woman may ever have their Liberty infringed in any manner. A nation founded in Liberty and freedom must ensure that slavery will not be tolerated. Every man and woman who is mentally capable, will be allowed to vote. This should be part of the main body of the Constitution.
5. Elections will be held on April 16th unless it falls on a Sunday. In such a case, voting would be on April 17th. The date for filing taxes would not change without changing the date of elections. Early voting would be eliminated. If our forefathers died to give us freedom and the ability to vote, the least we can do is exercise our duty on the prescribed day. Absentee voting and overseas military would be exceptions. All voters would have to provide proper identification. A conviction of voter fraud would be a felony that would include a $50,000 fine and revocation of all future voting rights.
5. Add term limits as envisioned by the founding fathers who did could not conceive of lifelong politicians. Federal pensions for elected offices would be eliminated.
6. All politicians would be subject to the same laws as every other citizen.
7. All amendments after the first 12 would be eliminated. Amendments which clarified the original Constitution would be reconsidered and incorporated directly into the body of the Constitution.
8. Any Congress which did not provide and pass a fiscal budget would forfeit their entire pay and be barred from running in the next Congressional elections.
9. The length of a Senator’s term would be reduced to 4 years from 6 years. The time to travel overseas to negotiate treaties no longer requires several months.
10. The national budget must be balanced. Unfunded mandates placed upon the states would be illegal.
However, we still have the underlying issue that a Republic will only succeed if its people are moral and virtuous. Eric Holder is an example of an immoral “leader”. The following article outlines his views to African American pastors and ministers including his belief that it is a “sacred” right to vote. It is a “sacred” right to be free. It is a duty to vote. Mr. Holder does not believe in anything sacred. If he did, he would not lie to the people, provide unequal justice and try to circumvent the 2nd amendment of the Constitution with a Fast & Furious program.
David DeGerolamo
Holder to black leaders: ‘Sacred’ right to vote under attack
Attorney General Eric Holder told a council of African American church leaders Wednesday that the “sacred” right to vote is under assault nationwide, with federal lawsuits and at least a dozen state laws that could hinder – or block – minorities’ access to the ballot box this fall.
“In my travels across this country, I’ve heard a consistent drumbeat of concern from citizens, who – often for the first time in their lives – now have reason to believe that we are failing to live up to one of our nation’s most noble ideals,” Holder said in a speech before the Council of Black Churches. The threats of legal assaults and lingering discrimination, he added, means that “some of the achievements that defined the civil rights movement now hang in the balance.”
As if to underscore the point, however, a voting rights group is worried that Holder and the Justice Department aren’t acting quickly enough to stop Florida’s Republican governor from continuing a purge of registered voters from the state’s rolls because they lack proof of U.S. citizenship.
…
Ensuring that everyone who is qualified can vote “is one of our highest priorities,” Holder told the council, adding that during his watch the Justice Department has taken on more than 100 cases involving voting within the past year, “a record number.” Since President Bush re-authorized the Section 5 provision of the Voting Rights Act, which requires some Southern states to get federal approval before making broad changes to laws involving voting, “it has consistently come under attack by those who say it is no longer needed.”
Holder also rejected conservatives’ contention that making it easier to vote invites fraud, a key argument in calling for tougher voter I’d laws. Recalling that protesters and faith leaders faced violence and death to gain that right during the 1960s civil rights movement, Holder called on black churches to mobilize as an ally of the Justice Department, informing the larger community and pushing back against restrictive proposals.
“We have to honor the generations that took extraordinary risks” to guarantee equal access to the polls, Holder said. The nation has made tremendous progress, he added, but “this fight must go on.”
I would modify #5, replacing “A conviction of voter fraud would be a felony that would include a $50,000 fine and revocation of all future voting rights.” to read, “A conviction of voter fraud would constitute a capital felony, determined by the same procedure as Treason, and bearing the same penalty; as any act of corruption which undermines the very electoral process condemns itself as a prima facia act of undeclared war against the republic.”
Article 3, Section 3 -- Treason
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and 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.
The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.