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(When a provision is quoted, new or added text to is underlined. Deleted text is struck through.)

These proposed revisions and additions are offered by The Constitution Forum as food for thought and discussion purposes only. Some may be good ideas, others not so good, and some may be hair brained and undesirable. Please understand that the primary purpose of this web site is to determine if Americans, in general, favor constitutional reform and/or a 2nd Constitutional Convention. If they do and only after that determination is made, mechanisms will be developed to properly and fairly determine what reforms and changes are desired by the American people.

Revision #1 - Term Limits

A member of the House Of Representatives will serve for a maximum of five terms during their lifetime. A Senator will serve for a maximum of three terms within their lifetime. The term of office for a Senator will be reduced to four years.

Justification: Congress should be a congress of citizens not professional legislators. Term limits help ensure this is the case.

Revision #2 - Compensation

Representatives will be paid a salary of $120,000 yearly. The pension paid Representatives will be based on the salary paid current Representatives and will be 10% of the salary for one term served and increase by 10% for each subsequent term served up to a maximum of 50%.

Senators will be paid a salary of $150,000 yearly. The pension paid Senators will be upon the salary paid current Senators and will be 17% of their annual salary for one term served, 35% two terms are served, and 50% of their annual salary for three terms served.

The President will be paid a salary of $200,000 yearly and the Vice-President will be paid a salary of $150,000 yearly. The pension paid to the President and Vice-President will be based upon the salary paid to the current President and Vice-President and will be 25% of their yearly salary for the first term in office and 50% of their yearly salary for the second terms of office.

Supreme Court Justices will be paid a salary of $150,000 yearly for the rest of their natural lives.

Salary increases for elected government officials and Supreme Court Judges will be automatic and equal to the determined average increase in yearly salary for the American workforce as a whole excluding executive salaries.

Justification: The wages and pensions paid elected government officials and Supreme Court judges should not be excessive. Serving as an elected representative or a Supreme Court judge is an honor and service to the Nation. Monetary compensation should not be the prime inducement for such service.

Revision #3 - Number Of Representatives

The number of Representative allowed will be increased from one for every 30,000 citizens to one for every 500,000 citizens up to a maximum of five for any given state.

Justification: Two-hundred odd Representatives are a sufficient number for the House to conduct its business and more are a unnecessary financial burden to the Nation.

Revision #4 - Impeachment Changes and Clarifications

Article I, Section 2 - The Senate Shall have the sole power to try impeachments and will do so, without reservation, upon impeachment by the House of Representatives. When sitting for that purpose, they shall be on oath or affirmation and will not interfere, in any manner, with presentation of the case or evidence against the impeached official by the House of Representatives. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States: but the party so convicted or not convicted, whichever is the case, will shall nevertheless be liable and subject to indictment, trail, judgment and punishment according to law.

Article II, Section 4 - The President, Vice President, and other Civil Officers shall be removed from office upon impeachment and conviction for Treason, Bribery, or other high Crimes and Misdemeanors or Felonies committed while in office. The House of Representatives will impeach or not impeach, at its discretion and serve as prosecutor to the impeached official. The Senate sole role in the process will be to conduct a trial to determine the guilt or innocence of the impeached official according to the articles of impeachment provided by the House Of Representatives.

Justification: Under no circumstances should the citizens of the United States suffer under leadership that may be guilty of committing crimes while in office, nor should any citizen of this nation be placed above the law. This is especially true for the President, the Chief Law Enforcement Officer of the United States.

Revision #5 - War And Other National Emergencies

A declaration of war authorizes the President to wage war against the offending nation or nations until such time as the they are conquered, surrender, or hostilities are concluded through a negotiated settlement. A declaration of national emergency authorizes the President to address the emergency as necessary until the such emergency is mitigated to the satisfaction of Congress. Actions taken by the President to address the emergency will persist only until the emergency has been mitigated. Declarations of a national emergency will be for six months and will automatically expire at the end of that period of time. However, Congress may extend the declared emergency for an additional six month period in the last month of the expiring period. There are no limits upon how many times a declared national emergency may be extended. The President will not initiate military or police action against any threat to this Nation unless war or a national emergency is declared. However, not withstanding this requirement, the armed forces of this nation or any member therein may defend themselves against any hostile actions by domestics or foreign enemies until such time as the immediate threat is neutralized.

Justification: The world is such that the United States needs to respond to external threats to its security short of declaring all out war. The renewal requirement for emergency measures is necessary to ensure a return to normalcy after the emergency has been addressed.

Revision #6 - Subordination Or Assignment Of Responsibilities

Congress will take no action that subordinates, in any manner, any Department of the United States Government to any person, organization, or group external to the United States, nor will Congress take any action that assigns or transfers the duties and responsibilities of any Department of the United States Government as delineated in this Constitution to any person, organization, or group external to the United States.

Justification: The United States of America is a sovereign nation. Sovereignty is an absolute that cannot be divided without being compromised. Once the sovereignty of a nation is compromised, that nation, by definition, is no longer sovereign.

Revision #7 - Original Jurisdiction

ARTICLE III, Section 2 - In all cases affecting treaties made, ambassadors, other public ministers and consuls, or those in which a foreign state or states shall be Part, the Supreme Court shall have original jurisdiction. This original jurisdiction will be exercised at the instigation of any citizen of the United States by direct petition to the Supreme Court. The Original Jurisdiction responsibilities of the Supreme Court will also extend to pending legislation before Congress and will be exercised by petition to the Court of any member of Congress.

Justification: The government of the United States of America has no interest in engaging in or perpetuating unconstitutional actions. The Supreme Court's prime responsibility is to ensure that governmental action is in keeping with the Constitution. No citizen should suffer under the impression that their Government is acting in violation of its Constitution.

Revision #8 - Amendment Procedure Improved

ARTICLE V - The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to the Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for the proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof a three-fourths majority vote of the registered voters of these United States as determined during a National Election. Amendments will be presented to the people for consideration no less than one year prior to an election. , as the one or the other Mode of Ratification may be proposed by the Congress:…… Congress will not knowingly enact any law that is in violation of any provision of this Constitution. When such a question is at issue, any member of Congress may appeal directly to the Supreme Court for a ruling in the matter prior to the bill in question being signed into law by the President. Upon such an appeal, the President will not act on the measure until the Supreme Court has so ruled.

Justification: The government of the United States of America has no interest in engaging in or perpetuating unconstitutional actions.

Revision #9 - Responsibilities Of Elected Representatives Strengthened

ARTICLE VI - Senators, Representatives, State Legislators, and all executive and judicial officers shall support and preserve this Constitution and be so bound by oath. Support and preserve includes never knowingly voting for any action that violates constitutional precept and taking appropriate action against any course of action that may.

Justification: The government of the United States of America has no interest in engaging in or perpetuating unconstitutional actions.

Revision #10 - Official Acknowledgment Of God Strengthened

AMENDMENT I - Congress shall make no law respecting an establishment of religion. This prohibition shall not be construed to require or prohibit non-denominational prayer and acknowledgment or references to God in school or at public events provided the prayer, acknowledgment, and references are a minimal adjunct to the proceedings and not the prime focus of the event.

Justification: Citizens are divided into two groups; believers and non-believers or skeptics. Believers vastly outnumber skeptics thus justifying non-denominational prayer and references to God in schools and at public events. Such allowances are not so injurious to skeptics as to warrant special protection of their right not to be so exposed.

Revision #11 - The Right To Petition For The Redress Of Grievances Strengthened

AMENDMENT II - Congress shall make no law or establish any policy that prohibitsing the right of any citizen or group of citizens to petition the Government for the redress of grievances. This applies to any act or action of government that any citizen or group of citizens believes is unconstitutional whether or not the offending act or action applies to one citizen, a group of citizens, or all citizens as a group. For these purposes, unless original jurisdiction applies, such grievances will be initiated at the District Court level and decisions may be appealed to higher courts at the discretion of the petitioner(s). No court, including the Supreme Court, can decline to hear and rule upon a petition of constitutionality. The Justice Department will provide aide and assist such petitioners to the best of their ability. However, the Justice Department will also provide to the Court pro and con arguments for the Courts consideration.

Justification: The government has no interest in acting contrary to constitutional provision.

Revision #12 - The Right To Own And Bear Arms Made Reasonable

AMENDMENT II - The right of the people to keep and bear arms shall not be infringed Weapons of mass destruction, explosive military weapons or handguns, rifles or cannon greater than 50 caliber in size used in the conduct of war, are prohibited to citizens with the exception of those rendered harmless and inoperable. Individual citizens are permitted to own, use, and transport operable weapons 50 caliber or less in size with the exception of fully automatic weapons of any type or caliber which may only be owned by special permit from a governmental agency. The right to own permitted weapons may be denied only to citizens convicted of felonious crimes. Restrictions upon the use, transport, and storage of such weapons is permitted in the interest of public safety.

Justification: Modern military weaponry is such that restrictions for use by civilians are justified and necessary. Furthermore, the general populace has a justifiable interest in the safe use, transport, and storage of permitted weapons.

Revision #13 - Protection Of Civil Rights Strengthened

AMENDMENT III - The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated. This provision shall apply to drug related matters. Furthermore, inanimate objects, effects, and possessions will not be charged with crimes or seized for that reason. Criminal acts can only be committed by human beings. Governments will not seize or obtain the property, effects, and possessions for financial considerations. Increasing the property tax base by condemning and seizing private property is forbidden.

Justification: Government is supposed to protect the property rights of citizens not benefit from their violation. Enforcement considerations and facilitation should never be used as a reason to deny citizens their rights under this Constitution.

Revision #14 - Limitations On The Prerogatives Of The Federal Government Eliminated

AMENDMENT X: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.

Justification: Written limitations on the range of action available to the Federal Government in the governing and the administration of the affairs of the United States are impractical and may result in an undesirable number of amendment actions. Furthermore, budgetary constraints as provided for elsewhere in these proposed amendments should serve to limit the nature and scope of services provided by the Federal Government.


PROPOSED ADDITIONS

Addition #1 - Attorney Limitation

Practicing attorneys or any person who was a practicing attorney, in any manner within the past five years, are not eligible to hold any public office in these United States. Attorneys elected to judgeships are an exception to this provision.

Justification: Laws should be established a cross section of common citizens. Attorneys, who all have a personal stake in law are in a conflict of interest when serving as legislators.

Addition #2 - National Debt

Unless the Nation is laboring under war or has experienced a national emergency declared by Congress, a minimum of 2% of the national debt shall be defrayed each budget year. Any shortfall from this target reduction of 2% will be added numerically to the 2% target of the subsequent year during any given continuous presidential terms of office. First term presidents, will not inherit penalty shortfalls from previous administrations. Shortfalls from target national debt reductions are not sufficient reasons for Congress to declare a national emergency. An annual Increase in the national debt because of war or a national emergency shall not exceed the sum total cost of those events in the year in question.

Justification: Individual citizens should not live beyond their means and neither should governments. While there is no theoretical limit on the debt that a Nation can carry, common sense holds that at some point spiraling national debt will destabilize the economy leading to its collapse. Furthermore, interest on the national debt must be paid by citizens through additional taxes. Citizens should not have to pay additional taxes because government officials fail to do their jobs properly or abide by budgetary constraints. Furthermore, deficit spending provides government officials with unlimited funding that allows them to exercise far more power than provided for under our Constitution.

Addition #3 - Accountability

The financial accounting of the United States Government shall be according to generally accepted accounting principles established for private industry that clearly and accurately reflect the financial condition of the government in such a manner understandable to citizens. All applicable costs and obligations will be included in this accounting, without exception including military and governmental pensions. Each year the Government Accounting Office will issue a financial report, similar to the annual financial report of corporations that is available to citizens upon request and is published on the Internet.

Justification: Citizens presently have no idea about the financial state of our Nation and how much is being spent for what purposes. Furthermore, the situation is such that they have no way of becoming informed even if they wanted to.

Addition #4 - Sunshine Law

No official function or activity of any government in these United States shall be conducted in secret or behind closed doors with the exception of jury trials, matters of national security, and matters of diplomacy concerning national security. Furthermore, all documents, recordings, films, etc. both audio and visual of government departments and agencies and personnel produced at taxpayer expense, with the exception of those affecting national security, lie within the public domain and will be provided to citizens expeditiously upon request for the cost of so providing. Matters of national security are limited to those affecting military preparedness and the defense of the property and people of the United States against all threats both foreign and domestic.

Justification: A government should be accountable to its people and for this to be the case, people must be informed. A government that operates in secret violates these principles.

Addition #5 - Executive Privilege

The privileges that the President of the United States enjoys beyond those provided for in this Constitution are none. The President's executive privileges are to serve the people of this Nation in keeping with this Constitution and to be accountable to them.

Justification: Monarchs, kings, emperors, and dictators enjoy special privileges. This gives them powers over and above what is provided for by law because their "privileges" place them above the law. In a Democratic Republic, no one is above the law and no one should enjoy special privileges including the President.

Addition #6 - Abortion

The right to terminate a pregnancy by female citizens of the United States, of any age, shall not be infringed within 90 days of conception as established by a two licensed physician in an appropriate field of medicine. Beyond that period of time, termination of pregnancy will only be allowed to save the life of the mother.

Justification: Becoming a mother or not becoming one is a women's right. However, once pregnant, at a point in time impossible to determine, the mass of cells that is a potential human being becomes one and the fetuses right to life begins to supersede the rights of the mother. A ninety day period of time, seems to be an appropriate place to balance the mother's rights against those of her impending child.

Addition #7 - Recreational Drugs

Governments will not infringe upon and individuals right to grow, possess, and use recreational drugs. A recreational drug is any substance or product produced or grown on private property by individual citizens for use by them and their associates. It shall be illegal to sell, advertise, or otherwise profit from the production and sale of recreational drugs. Alcohol and Tobacco are exempt from the restrictions of this provision.

Justification: When the Constitution was first written, all drugs were legal. No one, at the time, thought that government had the right to tell a person what he should consume or do with their own body. Before the advent of modern chemistry, most drugs came directly from nature and were of relatively low potency. Furthermore, there was no such thing as welfare and public assistance. This being the so, if an individual abused drugs to such a degree that they became impaired, the consequence were borne by the individual themselves and not society in general. Today the situation is far different. Modern chemistry now produces drugs of pure and devastating potency. In a modern society the automobile is king and drug abuse can have devastating effects on innocents in the workplace and on modern roads and highways. Furthermore, because of welfare and public assistance, society pays a real and significant cost because of drug abuse. This proposal strikes an acceptable balance between an individuals right to use recreational drugs and societies need to be insulated from abuses of that right.

Addition #8 - WhistleBlowers

Discrimination in any manner of form against Whistleblowers or those who try to do their jobs properly is prohibited in these United States and there shall be no restrictions, impediments, or time periods placed upon Whistleblowers or those who try to do their jobs properly who seek redress under the law.

Justification: A whistle blower is a citizen who puts doing the right thing and doing his job properly above his own personal self-interest. Actions by taken by government officials to suppress whistle blowers or those who try to do their jobs properly is reprehensible and detrimental to the public's best interest. Presently, in the United States most whistleblower protection laws are window dressing because of time limitations placed upon remedial actions taken by offended employees. Time limitations allow management to work against an offending employees interest by minor affronts over time, none of which by itself worth protesting under present laws. These actions when taken as a whole, can develop into clear pattern of abuse. Society suffers no harm if a whistle blower wrongfully seeks redress under the law. However, society does suffer great harm when the actions of whistle blowers are suppressed through discriminatory promotional practices taken over long periods of time.

Addition #9 - Social Security/Medicare

Social Security and Medicare finances and funding shall remain apart and separate from all other government programs and funding. Social Security, Medicare taxes, and the interest derived therefrom, shall not be used for any other purpose other than the payment of benefits to program members.

Justification: Social Security and Medicare taxes are levied for that purpose. It is unconscionable for government officials to use these funds for any other purpose and government programs of this nature should be self-perpetuating, self-sustaining, and not a burden to taxpayers in general.

Addition #10 - Moral Imperatives

No act, action, or practice on the part of citizens of these United States will be rendered illegal unless that act or action directly results in another citizen, group of citizens, an organizational entity, or society in general from being directly victimized. Because an act, action, or practice may possibly result in abuse or victimization is not sufficient reason for it being outlawed. However, governments may and should take whatever steps are necessary to control, mitigate or eliminate the possible abuses that may arise provided these steps are not an outright ban on the act, action, or practice.

Justification: Governments role in society is to prevent victimization not outlaw actions that are not inherently injurious to others. If an act is potentially injurious to others or the well being of society in general, then governments role is to take steps to ensure those potential injuries do not arise, not ban the activities in question. Vice and excess should be regulated and controlled by government, not banned by it.

Addition #11 - Taxes/Government Funding

Taxes collected by the Federal Government shall be twofold, a tax on the individual income of citizens and duties on imports and exports. Income taxes will be a flat percentage set by Congress yearly with no deductions permitted for any reason. Social Security/Medicare taxes will be a specified percentage included in the established Income Tax rate. Citizens earning income at or below the poverty level will be the only exemptions from the payment of income taxes. Duties will be set by Congress at their discretion. Reasonable user and cost recovery charges for services provided directly to individual citizens or separate groups of citizens are permitted provided no profit is earned.

Taxes collected by State Governments shall be limited, without exception, to a flat percentage on retail sales, rentals, and other financial transactions that occur within the borders of the state in question. No state will collect sales tax on purchases whose point of sale lies within the borders of another state. The sales tax rate will be established by the state legislature as required. Reasonable user and cost recovery charges for services provided directly to individual citizens or separate groups of citizens are permitted provided no profit is earned.

Taxes collected by local governments including County, City, and other local entities will be two fold; a flat tax on the assessed value of real estate within the jurisdiction of the entity in question and a bed tax on transient or tourist accommodations. Real estate tax rates will be the same for individuals and corporations. Property owned by non-profit and not-for-profit, as well as other governmental agencies will be exempt from property tax. Reasonable user and cost recovery charges for services provided directly to individual citizens or separate groups of citizens are permitted provided no profit is earned.

Justification: The present system of government funding in the United States is an absurd mess with accountability being a casualty of this state of affairs. This proposal will ensure that all citizens pay their fair share of the cost of governmental operations while allowing them to know how efficiently their particular jurisdiction is operating in comparison to others.

Addition #12 - Partnerships With Other Organizations

No governmental jurisdiction within these United States will enter into an ownership or partnership relationship with any other entity, corporation, or organization either in whole or in part. The ownership of common stock of any corporation, foreign or domestic by governments within these United States is prohibited. The only permitted relationship between private industry over and above governments roll as a regulator is contractual for specified periods of time.

Justification: Numerous governments, especially at the local lever, have wrongfully entered into partnership relationships with private industry. A prime goal of private industry is to seek advantage in the market place. A prime goal of government is to regulate the market place to keep the playing field level. These goals are in contradiction to one another making partnership relationships with private industry an unavoidable and unacceptable corrupting influence upon government.

Addition #13 - Civil Service

The positions necessary to the governments of these United States will be staffed through a Civil Service System incorporating rules based upon merit principles for hiring, conduct, advancement, punishment and dismissal. Each employee of the civil service system who believes that a rule of the Civil Service System was applied or misinterpreted to his detriment will be entitled to a speedy hearing before a Civil Service Board. This right to a speedy hearing will not be denied for any reason. Salaries and employee benefits within the Civil Service Systems will be comparable to those paid within private industry. Employees of the Civil Service System may form and/or join unions, but union activity will be limited to representing employee interests before the Civil Service Boards.

Justification: A viable Civil Service System where supervisors and managers are accountable to their subordinates is necessary in service to the Nation.

Addition #14 - Citizenship

Citizens of the United States will become so by birth provided one parent is a citizen or by naturalization. Any one born in the physical territory of the United States whose natural parents are not citizens is not a citizen of the United States.

Justification: Parentage should determine citizenship, not the physical location of a birth.

Addition #15 - Campaign Finance, Procedures, and Eligibility

Only citizens of the United States can run for public office and to be eligible a candidate must obtain a petition of support from 2% of the citizens residing within the jurisdiction they aspire to. This petition must be obtained within the six month period of time prior to inception of the election campaign in question. Election campaigns will be 30 days in length. Funding for campaigns will be provided to eligible candidates at the discretion of the jurisdiction in question and will be divided equally between all those eligible. Candidates will not use personal or donated funds for their election campaigns. Funds donated to political parties, political action groups, and or similar groups of people may not be used to support or promote the election of individual candidates or a slate of candidates. Incumbent candidates will not use public resources for re-election purposes or in their re-election campaigns. All eligible candidates will be invited and allowed to attend public events including debates. The media will provide equal coverage and/or equal time to all eligible candidates running for office.

Justification: The government of the United States should not be for sale to anyone or any organization.

Addition #16 - Legal Applicability

All laws passed Congress and signed into law by the President will apply uniformly to all citizens and organizations including the United States Congress.

Justification: In a republic, no person or organization is above the law especially those tasked with making the law.

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