A New Constitition II, with Respect to the other One
Written by Translator on July 9, 2008 – 8:46 pm -Crossposted at Dailykos.com
My initial entry in this series was not what I would call shown a carpet of roses on which to tread, but it did perform the intended purpose of getting people to think. I will continue tonight.
We will begin with Article I, and cover as much of it as reasonably possible in this space. As always, the original text is shown in blockquote, the replacement wording in normal text, and my reasoning in italics. To make long sections easier to follow, I will slice and dice up paragraphs after the blockquote.
Article I, Section 1.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
I have no suggestion for improvement here, other than cleaning up the archaic capitalization conventions. This is pretty clear and concise.
Article I, Section 2. (Paragraph 1)
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
The House of Representatives shall be composed of members chosen every second year by the people of the several States, and every person with the legal right to vote in any State election will have the legal right to vote for a Representative for his or her district.
This clears up the archaic capitalization conventions and clears up the language about qualifications for voting. No real change, just a modenization.
Article I, Section 2. (Paragraph 2)
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
To be eligible to be a Representative, a person must be at least twenty-five yeas of age at the time of taking the oath of office, have been a citizen of the United States for at least seven years, and must be a legal resident of the state and district who he or she intends to represent for at least one year. A legal resident, in addition to any additional requirements by a particular state, or the one year minimum residence in this document, is defined as a person whose sole voter registration is in that state.
This removes the negative initial reference, making it easier to understand. It also clears up archaic capitalization conventions, and makes it clear that it is not permissible to have a sham residence for purposes of being a Representative.
Article I, Section 2. (Paragraph 3)
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. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
Representatives and taxes to the federal government shall be apportioned among the several states according to their respective number of United States Citizens. A census will be taken every ten years hence, as determined by law by Congress to determine the population of each state, territory, and the nation in entirety. Each state shall at least one Representative, and the total number of Representatives shall be determined by dividing the population of the least populous state, with one Representative, into the population of the most populous state, and using that ratio to determine the number of Representatives for each state. Any rounding will benefit a state in that an additional Representative will be added to the body of Representatives of that state.
This completely eliminates the reference to slaves, indentured servants, and Native Americans. It also cleans up archaic language, archaic capitalization conventions, and the original makeup of Congressional delegates. It also makes the House more dynamic, shifting and expanding as the population expands. It does not resolve the District of Columbia controversy, but I suspect an amendment may do that. It, if you do the math, also determines the size of the House.
Article I, Section 2. (Paragraph 4)
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment
.
When a vacancy happens, defined as death, long-term disability, resignation, or other reasons to be enumerated later, the governor of the state in which that vacancy occurs shall call for a special election within thirty days of that vacancy, and the election shall occur within thirty days of the declaration of a special election. The several states shall, by their laws, administer those elections within the confines of this Constitution. Any Representative elected in such an election is considered to finish the term of the Representative replaced, and has no advantage insofar as the next, regular election is concerned.
The House of Representatives shall choose a Speaker and other officers, and shall have the sole power of impeachment of all officers of the United States, regardless of position. No public official of the United States is immune from this trust. The scope and responsibilities of this is defined in later sections.
This cleans up the archaic spelling and capitalization, and also clearly gives a time frame for special elections. It also specifically recognizes that a replacement Representative still has to undergo regular processes for the next election, although this does not seem to be a big problem. It also clarifies the scope of the reach of the House for impeachment, from President, to other House members, to the Senate, to federal dogcatcher.
Well folks, I hope that I used better language than I did with the Preamble, but I did get you to think. I believe that this is a little more cogent, and a lot more to the point. Please feel free to flame, agree, comment, disagree, or challenge. Warmest regards, Doc.
Tags: New Constitution, Respect, Teaching, Thinking
Posted in Current Events, Diaries |
4 Comments
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You have much greater patience than I. I admire your effort.
Well, I had my first squash last night, and a tomato tomorrow or the next day, so I am excited. It is important that we all understand this struggle, because it will be over soon if not understood. Warmest regards, Doc.
Doc,
This is really thoughtful, and think, they did it in the summer without much of anything and came up with this form of government. Am watching Gettysburg right now on the 145th commemoration of the days. ( July 1-3, 1863)
That was a horrible part of our history. The founders, at least Franklin saw it coming. Warmest regards, Doc.