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The Postmodern Liberal Progressive Agenda

The framers of the Constitution had little or no direct participatory experience with a republican form of sovereign national government, a representative democracy. The English Parliament was effectively controlled by the House of Lords, not, as today, the House of Commons, with the executive, Prime Minister, being elected from the members of the Commons.

The British Whig party, who were dominant during most of the 18th century were anti-Roman Catholic, constitutional monarchists, who rejected the doctrine of cuius regio eius religio — who rules the land, his the religion to choose— and accordingly, rejected absolute monarchism as well. Voters from boroughs dominated and were by no means hoi polloi, people the framers in the colonies feared for their untutored, roughneck, vaguely "anarchistic" behaviors.

Accordingly, Madison and the other gentlemen writing the US Constitution after the Articles of Confederation proved to be wholly inadequate, and seeing that a stronger form of government would be necessary, tried to assure themselves it would not fall "democratically" into the hands of the easily swayed, uneducated, often illiterate mob.

The US Constitution of 1787 as written and revered into its third century of operation for the strongest, most economically dominant, third most populous country in the world is now even more inappropriately and frequently scandalously undemocratic.

The least democratic aspects of the Constitution are

the Presidential -- Vice Presidential Electoral system, and

the composition of the US Senate where 21st century very populous states (California, Texas, Florida, New York, Pennsylvania) have the same number of Senators as thinly populated states (South Dakota, North Dakota, Alaska, Vermont, Wyoming). The differences now are huge compared to 1787: California 39 million, Wyoming 0.548 million.

the gerrymandering of elections for US Representatives, and

lifetime terms of office for un-elected Judges and Justices

the supreme court legislating


Proposed Amendments to the US Constitution

Proposed Amendment A.

Article. II. Section. 1. shall be revoked and replaced in toto as follows:

Section. 1.

The Executive Authority (Powers) and Responsibility (Duties), shall be vested in a President of the United States of America. That person shall hold Office during a term of four years, and, together with the Vice President, chosen by the President and then elected together for the same term of office, shall be elected by a simple (50.0001%) majority of all the registered voters of the States and Territories of the United States of America. The term of office of the President and the Vice President shall end at noon of the 20th day of the January immediately after the quadrennial leap-year November General and Presidential Election.

The total number of votes for each set of candidates shall be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate and those persons, agreeing, shall report the total of votes of all the States and Territories to the People. If disagreeing, the Chief Justice of the US Supreme Court shall review the certifications of votes of each State and agree or disagree with the Speaker of the House.

Any person being a natural born Citizen of the United States and been fourteen years a Resident immediately preceding election shall be eligible to the Office of President or Vice President; except such persons who are ineligible who

will have not yet attained the age of thirty-five at the time of inauguration, and who

have already served at least two years in either of two terms, successively or otherwise, and who

having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall not have been convicted of a felony against a State or the United States in any juridiction of the United States, and shall not have been shown in any US District Court or any senior trial court in the States to have engaged in insurrection or rebellion against the United States or any State or Territory, or given aid or comfort to the enemies thereof. [this provision replaces the relevant parts of Section. 3. of the Fourteenth Amendment.]

In Case of a Vacancy in the Presidency (the President or President-elect) by Death or Resignation or of an Inability lasting more than thirty consecutive days, the Vice President shall become President, and shall nominate to the United States Senate and the House of Representatives a person to serve as Vice President for the remainder of the existing term of office. In a case of Inability lasting no more than thirty days, all the Authority and Responsibilities, Powers and Duties, shall devolve immediately upon the sitting Vice President.

The Congress may by Law provide for the Case of Death, Resignation, Inability, of Both the President and Vice President, declaring what persons shall then Act as President and Vice President, and such Officers shall Act according to the aforestated provisions of those offices, until, in the case of Disability be removed, or at the end of the present term of office a President and Vice President shall be elected.

Removal: Whenever the Vice President and a simple majority of either the principal officers of the executive departments (those regular members of the President's Cabinet) or, in their unavailability, 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, and upon delivery the Vice President shall immediately assume the powers and duties of the office as Acting President and after 90 days, 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 remains 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 simple majority vote of both Houses that the President remains 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.

The President, Vice President, all appointed and Senate confirmed officers of the Executive shall receive for their Services, Compensation, which shall neither be increased nor diminished during the period for which they shall have been elected, or appointed and confirmed, and they shall not receive within that Period any other Emolument from the United States, or any person, group, or entity of any kind, foreign or domestic.

Before they enter on the Execution of the Office to which they have been elected or appointed, they shall take the following Oath or Affirmation: —"I do solemnly swear (or affirm) that I will faithfully execute the [name of ] Office to which I have been elected [or] appointed, and will to the best of my conscientious ability, preserve, protect and defend the Constitution of the United States."

[Article II. Section 1. and the XII, XXIV Section 3., XX, XXII, and XXV Amendments are hereby superceded and revoked.]


Proposed Amendment B

Article I. Section 3. shall be revoked and replaced in toto as follows:

Section 3.

The Senate of the United States shall be composed of Senators, each elected at large in each State for six Years not to exceed three terms of office, in any of which they have served for at least three years, successively or otherwise.

The Senate is a citizen-representative body apportioned as follows:

two (2) Senators are apportioned for every State for the first five million of people enumerated in the immediately previous Decennial Census, and thereafter,

when over five million (3),

ten million (4),

fifteen million (5),

twenty million (6),

twenty-five million (7),

thirty million (8),

thirty-five million (9) and

forty million (10), after which no additional senators;

and each Senator shall have one vote in all matters before the Senate.

[ Explanatory Note (not a part of the amendment):
In this apportionment system California (population 2020 39,538,223) would be apportioned 9 Senators, Texas 7, Florida and New York 6; total (28)

Pennsylvania, Illinois, Ohio, Georgia, North Carolina, and Michigan 4; (24)

New Jersey, Virginia, Washington, Arizona, Tennessee, Massachusetts, Indiana Missouri, Maryland, Wisconsin, Colorado, Minnesota, South Carolina, and Alabama 3; (42)

Louisiana, Kentucky, Oregon, Oklahoma, Connecticut, Utah, Iowa, Nevada, Arkansas, Kansas, Mississippi, New Mexico, Nebraska, Idaho, West Virginia, Hawai'i, New Hampshire, Maine, Montana, Rhode Island, Delaware, South Dakota, North Dakota, Alaska, Vermont, Wyoming 2. (52) (146 total)

To be installed as Senator an electee must have attained the age of thirty years, and been seven years a Citizen of the United States, and been a registered voter of that State for at least four years; and, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall not have been convicted of a felony against a State or the United States in any juridiction of the United States, and shall not have been shown in any US District Court or any senior trial court in the States to have engaged in insurrection or rebellion against the United States or any State or Territory, or given aid or comfort to the enemies thereof. [this last provision replaces replaces the relevant parts of Section. 3. of the Fourteenth Amendment.]

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when the Vice President shall exercise, but not assume, the Office of President of the United States.

The Senate shall have the sole Authority and Responsibility to try hear all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation and take testimony in that manner. When the case for Impeachment of the President of the United States is brought by the House of Representatives , the Chief Justice shall preside. No Person shall be convicted removed from office without the Concurrence of two thirds of the Members present.

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 convicted removed from office shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law.

Except in votes specifically required in this Constitution to pass with two-thirds majority of the present members voting, all other votes will pass with a simple 50.1% majority. [Extinguishing the anti-democratic filibuster.]

Article I. Section 2. shall be revoked and replaced in toto as follows:

Section 2.

The House of Representatives shall be composed of Representatives elected at large every second Year by the People of their respective States from among all the qualified candidates put forward in all participating counties of the State.

All Persons elected to be a Representative shall by the date of installation have attained to the age of twenty five Years, and been seven years a Citizen of the United States, and who shall, when installed, be have been registered to vote that State for four years and, if having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall not have been convicted of a felony in any jurisdiction of the United States, and shall not have been shown in any US District Court or any senior trial court in the States to have engaged in insurrection or rebellion against the United States or any State or Territory, or given aid or comfort to the enemies thereof.
[this last provision replaces replaces the relevant parts of Section. 3. of the Fourteenth Amendment.]

When vacancies happen in the Representation from any State, the Executive Authority of that State shall fill such Vacancies by appointment or such other process as determined by the laws of the State.

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment of federal officers.

The House of Representatives shall not display in its chamber the fasces, which, although such a display was begun in ancient Rome to indicate the union of disparate civil entities, subsequently was used extensively by the Italian state under Benito Mussolini from 1922 to 1944 as the symbol of the Fascist State, against which in World War Two about 60,000 US troops were killed. The symbols are, in a single word, offensive, just as Hitler's swastika, for all their own ancient history, their modern histories are offensive to the memory and conscience of the nation.


Article III. Section 1. in toto, and all directly affected law in the Judiciary Act of 1780 shall be revoked and replaced as follows:

The Judiciary of the United States shall be established in one Supreme Court, and as the Congress may from time to time ordain and establish: District Appeals Courts, District Trial Courts, and ancillary supporting offices.

The functions of the Supreme Court are limited to:

hearing arguments concerning the verdicts of trial and appeals courts concerning constitutional and statutory rights of those charged with crimes, witnesses for the prosecution and defence, and conduct of officers of the court and of the police

hearing arguments concerning the consistency of any US Law to the provisions of this Constitution, as amended, or to other US Law, and to refer its opinion in such Cases to the Speaker of the House of Representatives and the President of the Senate for explanation, improvement, or remedial action, as the Congressional bodies may see fit, while having adjudicated the instant case in terms of the vernacular English definitions of the words of the present statute, and which, in a case involving capital crime, shall prohibit execution.

maintaining its own integrity and a reasonable appearance thereof by subscribing to a set of Ethics published to the Congress and the President, and providing to the Same, annually, a report of such matters as may have been alleged, acted upon, or resolved in reasonable detail.

providing guidance to officers of appeals and trial courts.

The Judges, both of the supreme, appeals, and trial Courts, shall be appointed by the President, confirmed or denied by the Senate and hold their Offices for 11 [half of a standard generation] years unless removed by impeachment in Congress, or by death or resignation, and shall, at stated times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Article III. Section 1. shall be revoked and replaced as follows:in toto,

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.

Treason against the United States by a American citizen or otherwise a legal resident of the nation, of at least sixteen (16) years of age, shall consist of: actions taken, duties not performed, or speech promoting actions of disruption or destruction of the Constitutional Order herein defined, or active participation in a violent or warlike manner against or adhering to the Enemies of the nation, or giving them aid or comfort. Indictment for Treason shall be done in the US District Court the jurisdiction of which includes the nation's capital.

Persons who are resident in the United States but not legal residents committing acts of treason-like character shall be considered Enemies of the State.

The Congress shall have the Authority and Responsibility to declare the Punishment for Treason, the minimum of which shall not be less than ten (10) years incarceration.


JB

Agenda