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I. DECLARATIONS
Footnote: [1] Constitution-21 is a plan for a national government with a federal structure and is not a compact of “Sovereign States”. The states are assigned important functions; under this plan they have more specific authority and responsibility than under the current Constitution as modified by court decisions over the years.
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article or section title below.II. LEGISLATIVE BRANCHA. Senate and House of Representatives1. The Legislative Branch consists of a Senate with 21 members and a House of Representatives with one member for approximately 350,000 citizens[1]. The districts of Senators and Representatives will be drawn as defined herein. 2. In both the Senate and House, the majority required to move any question will be based on the number of seats, not the number of members voting. 3. The Senate will enact or approve all laws[2]. A law passed with the vote of 14 Senators is immediately in effect. A law passed by a majority but with the vote of fewer than 14 Senators will be in effect ten days after passage unless vetoed by the President or rejected by the House with a resolution of disapproval passed by 60% of the members. The vote of 14 Senators will override a veto by the President and/or a rejection by the House. 4. The House cannot amend laws. The House may propose laws, which will be in effect ten days after the vote in the House unless rejected by the vote of 11 Senators or vetoed by the President[3]. 5. The legislature will always be in session. Procedures will be established so that the votes of Senators and Representatives may be recorded from remote locations[4]. 6. The President will submit Executive and Judicial appointments as defined herein to the Senate. If the Senate fails to vote within 60 days, appointments will be in effect. If and when the Senate votes, appointments will be in effect immediately unless rejected with fewer than 11 Senators voting to confirm. 7. Procedural rules of the Senate and House not defined herein will be defined in law[5]. 8. The Senate and House will keep journals of proceedings and of votes and publish same on a timely basis. Senators and Representatives will not have to answer in any other place over anything recorded therein. 9. A Capitol building will be maintained for the assembly and administration of the Legislative Branch. References to noon herein refer to local time at the site of the Capitol. 10. The Legislative Branch will employ professional staff for research, audit, and administration. B. Senators and Representatives1. The terms of Senators will be six years and staggered so that the terms of one-third of the Senators expire every two years. A person can serve in the Senate for no more than 24 years. When assuming office, a Senator must be at least the minimum age and less than a maximum age defined by law and must have been a citizen for at least 30 years. 2. The terms of Representatives will be two years. A person can serve in the House for no more than 16 years. When assuming office, a Representative must be at least the minimum age and less than a maximum age defined by law and must have been a citizen for at least 20 years. 3. Senators and Representative must have been residents of their districts for at least two years, except for a grace period following the redrawing of district boundaries. 4. The number of Representative Districts in each state will be the count of citizens divided by 350,000 and rounded to a whole number[6]. A District cannot include parts of two states. Each Representative’s District will be built up by computer program from census tracts[7]:
5. Additionally, there will be at least one Representative District for residents of the territories[8] in the hemisphere east of 100° West longitude and at least one from the opposite hemisphere, each of which can include more than one territory. Where appropriate, Districts will be defined like those of the states to include an average of 350,000 citizens. The Districts will be defined by law. These Representatives will serve with the same powers as the Representatives from the states. 6. There will be 21 Senatorial Districts consisting of an approximately equal number of citizens. Each Senatorial District will be built up by computer program from the Representative Districts of the states[9]:
C. Vacant Legislative Seats1. If the seat of a Representative becomes vacant, that seat will be filled by an eligible person appointed by the Governor of the State that includes the District or by the President if the District is not part of any state. 2. If the seat of a Senator becomes vacant, the President will appoint an eligible person to serve until after the next Senatorial election, in which the nominees will be selected in the Federal Nominating Convention, but excluding the Presidential appointee. Subsequently, the seat will be contested in the regular Senatorial election schedule. D. Committees of the House1. Laws will define the standing committees of the House, including one standing committee or sub-committee corresponding to each organizational unit of the Executive Branch headed by an official appointed by the President and one standing committee each for the Judicial and Electoral Branches and for territorial matters. Either body may create a special committee of the House, which must have a specific purpose and term. 2. Every standing or special committee will have an equal number of Representatives from each Senatorial district. 3. Representatives from the territories will serve on regular and special committees as determined by law and will also serve on the committee devoted to territorial matters. 4. The House and each committee thereof will select its own presiding officer. A Senator may act as an ex-officio member of any House committee. 5. Standing and special committees of the House will[10]:
6. The Senate will review disciplinary actions and legal procedures initiated by any House committee and challenges to the operations of any House committee initiated by affected parties.
Footnotes:
[1]
Assuming a population of about 300 million citizens, there will be
about 857 Representatives. The disparity with 21 Senators
reflects the different functions of the two bodies. [2] The Senate has essentially all legislative power. Senators are nominated in a national convention and elected from large districts with about 14 million citizens each. As a body, the Senate should reflect a national perspective and be an effective balance with the President. [3] The House, as a body, will probably not vote on legislation unless proposing or rejecting a law or making a position statement. [4] Technology to validate the identity of Senators and Representatives at a remote location is sufficiently advanced to eliminate periods of Congressional adjournment.
[5] Procedures are not established by each body, but by law – i.e., by the Senate. [6] Representatives are elected from small districts and thus should be able to look after individual interests of constituents in their dealings with the federal government and keep the federal bureaucracy in check. [7] Census tracts are relatively permanent subdivisions of a county with between 2,500 and 8,000 people, often with obvious geographic or man made borders. The computer program will first calculate the average population of the Representative Districts within each state; then starting from the most sparsely populated census tract in a corner of the state, assign census tracts to a District until the population is plus or minus 5% of the average, selecting from adjacent census tracts the one that adds the minimum to the perimeter of the District. The resulting Districts will be compressed and random in terms of voter profile. [8] The residential and commercial areas of the District of Columbia should become part of Maryland. [9] The computer program that defines Senatorial Districts is essentially the same as the program that defines Representative Districts. The process might start in either Hawaii or Maine, assigning Representative Districts to a Senatorial Districts until a target population is reached while maintaining a minimum perimeter. The result will be not quite random because several Districts will be either metro areas or vast areas of farms and small towns. The national perspective is preserved by the national nominating convention as defined in Article VI.
[10]
The House exerts legislative and oversight power through
committees, most of which are focused on a particular department
of the Executive Branch. Since each committee includes one or
more Representatives from each Senatorial District, the members of
a committee will reflect diverse interests. |
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III. EXECUTIVE BRANCHA. President and Vice President1. The Head of State and Chief Executive Officer of the United States is the President. The term of office will be four years. 2. A Vice President is elected along with the President and takes office at the same time and for the same term. Except as noted herein, the Vice President shall assume only those duties assigned by the President. 3. When assuming office, the President and Vice President must be at least at least the minimum age and less than a maximum age defined by law and must have been a citizen for at least 40 years, and neither shall have been President for more than six years. B. Succession1. When the office of President is vacant, the Vice President becomes President. 2. When the office of Vice President is vacant, the President shall nominate an eligible person who will become Vice President upon the approval of 14 Senators.3. Upon each new senior executive appointment, the President, with the approval of the Senate, will establish a sequenced list of senior executive appointees in office who are eligible to serve as President. If the offices of President and Vice President are both vacant, the first available appointee on the list takes the oath and assumes the office of President, but he or she cannot be a nominee for President in the next election[1]. 4. Laws predating the nomination of the current President will define the circumstances whereby the President is so incapacitated as to be unable to serve and the Vice President or appointee successor becomes Acting President and the procedures whereby the President resumes his or her duties. C. Organization and Appointments1. The President will organize the executive into departments, sub-departments, and administrative agencies in a plan approved by the Senate. Executive appointees will be in charge of each organizational unit and will be responsible for the annual budget thereof. 2. The President appoints[2]:
3. As defined by law, those elected or appointed to federal service may select certain subordinates; otherwise, persons will enter non-military federal employment by examination. 4. Security, civilian personnel
administration, accounting, purchasing, property management and
other staff functions of the federal government will be part of
the Executive Branch. As defined in laws, the various components
of the Executive Branch and the managers of the administrative
functions of the Legislative, Judicial, and Electoral Branches
will utilize these staff functions or not. D. Presidential Authority1. The President has full and exclusive authority to represent the United States to other countries and international organizations, to appoint ambassadors and other representatives thereto, and to negotiate agreements therewith. 2. Agreements between the United States and other countries or international institutions must be presented to the Senate within 90 days after the final text is settled. If the Senate fails to vote within 90 days, agreements will be in effect. If and when the Senate votes, agreements will be in effect immediately unless rejected by the vote of eight Senators. Once in effect, international agreements supersede laws[4]. 3. Acting in accord with international agreements, the President will set tariffs, quotas on imports, and controls and subsidies on exports[5]. 4. The President is Commander in Chief of the military services with full and exclusive authority over the organization, composition, equipment, and domestic stationing of forces; and over the appointment of senior officers[6]. 5. All commissioned officers in the uniformed services shall take the following oath: “I promise to preserve and protect the Constitution of the United States of America and to carry out my duties with honor and integrity.” 6. The President may order combat operations to repel an attack on the United States or to fulfill treaty obligations with other countries and international organizations; otherwise the vote of 14 Senators is required to declare war or to commit forces to combat or to station a military force outside of the United States. 7. The federal military services will organize and equip state militia to serve as reserve forces. In time of war, the President may incorporate the militia into the federal military services; in domestic emergencies, the President may call state militia to enforce federal laws and to maintain public order. 8. The President has full control over covert intelligence and counter-intelligence activities and will keep seven Senators, selected by the Senate, fully informed of such activities. 9. Notwithstanding the full and exclusive authority of the President as defined herein, the Senate will approve the budgets for foreign representation, the military services, and intelligence activities; and within the constraints of national security, committees of the House will have authority to monitor the operations thereof[7]. 10. The President may pardon or reduce the penalties of those convicted of federal crimes.
Footnotes:
[3] This class refers to offices that ought to be non-partisan: Attorney General, Head of the FBI, Director of the CIA, Chairman of the Federal Reserve, Director of the IRS, etc.
[5] The terms of foreign trade are matters
of international relations. The significance to overall
federal revenue is trivial.
[6] Neither Senators nor Representatives
should have influence over where weapons are made or where
military bases are located. The President appoints his senior
military officers without input from the legislature. [7] The President has full authority over defense except for the power of the purse. |
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article or section title below.IV. JUDICIAL BRANCHA. Organization1. The federal judiciary will consist of a Supreme Court, Appellate Courts, District Courts, various special courts, and an Office of Inspector General. 2. The Supreme Court will have nine judges who will, in an annual meeting, set the operating procedures of the Court and choose one of their number as Chief Justice[1]. 3. Laws will establish the location and size of the Appellate, District, and the various special courts. Laws will define those matters that will come before the different courts and those matters that will be settled by special judges or masters and not use juries. 4. The President will submit appointments of federal judges for approval by the Senate within 90 days after vacancies occur. Appointees must be at least the minimum age and less than the maximum age defined by law and must have been a citizen for at least 14 years. 5. Unless impeached, a federal judge will serve until reaching the maximum age as defined by law in effect when appointed. Upon reaching the age limit, he or she will not take up any new matter and will retire when open matters have been settled or transferred to another judge[2]. 6. The Judicial Branch will employ professional staff for security, research, audit, and administration. Federal law will define the position, duties, and powers of the Office of Inspector General. B. State and Federal Legal Procedures1. State courts will have primary and appellate jurisdiction in criminal and civil matters. Only violations of federal laws and those matters that by their nature cannot be settled in the state courts, as so defined in federal law, will be considered in federal courts. 2. Each state will give full faith and credit to the public acts, records, and judicial proceedings of every other state except where a specific exemption is established by federal law[3]. 3. Where there is an overlap or conflict between the laws of the different levels of government, the higher shall take precedence over the lower only where the higher jurisdiction determines that there is a reasonable social or economic case for national or state-wide uniformity[4]. 4. If a person charged with a felony in one state is found in another state, he or she will be delivered to the state having jurisdiction upon the request of one governor to the other, and federal officers may assist upon the request of state law enforcement officials. 5. State and federal judicial proceedings shall be matters of public record, except in narrowly defined circumstances defined respectively by state and federal laws[5]. 6. Federal laws that apply in federal and in state courts shall define:
7. State and federal courts will hold attorneys to account for abuse of process and permit private persons and organizations to initiate proceedings against attorneys for abuse of process and malicious prosecution[6]. 8. State and federal courts shall recognize that perfect justice can never be achieved by public institutions and that failure to bring matters to a final settlement in a timely fashion gives poor service to the public and brings the entire justice system into disrepute. The Office of Inspector General will enforce this position and make recommendations that aggrieved parties receive compensation[7]. 9. The Judicial Branch will employ professional staff for security, personnel, and administration. Footnotes: [1] The Justices of the Supreme Court select their Chief Justice. [2] The issue of maximum ages is discussed in the notes to Article VII. [3] Within one state, respect for the laws and proceedings of other states is obviously desirable, but the possibility of legislative exceptions allows diversity. [4] Precedence of the higher is not automatic. [5] The protections accorded (e.g., to children) in matters of family law should not be extended to ordinary civil disputes. The public availability of general government records and the balancing right of personal privacy are noted in Article XI. [6] There is no doubt that an effective objective legal system is essential in a capitalist democracy; witness the problems of China and Russia, but the legal system in the United States is out of control. The number of attorneys per citizen and the share of the GNP taken up by legal disputes are excessive by any measure of social and economic worth. Several provisions herein are designed to suppress the demand for legal services. [7] Experience shows that the public cannot rely on the judiciary to police itself or the bar associations to discipline attorneys. An Inspector General within the Judicial Branch may or may not fill the need. |
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article or section title below. V. ELECTORAL BRANCH[1]A. Organization of the Electoral Branch1. The Electoral Branch consists of an Electoral College and an Election Board. 2. The Electoral College will consist of persons who are honorably retired from elected or appointed federal service, who are at least the minimum age and less than the maximum age defined by law, and who voluntarily register to serve without remuneration[2]. 3. Procedures will be established so that the Electoral College can act as a body whereby the votes of members cast from remote locations can be counted. 4. The Election Board will consist of ten members of the Electoral College who will receive remuneration. Terms will run from July 1 to June 30. Vacancies on the Board will occur when a member dies or resigns or has served three years. 5. On May 15 of each year, the House of Representatives will divide into caucuses. Each caucus will include at least 26% of the Representatives, unless one caucus has more than 74% of the Representatives, in which case a second caucus will be formed. Each caucus will nominate two members of the Electoral College to fill each current and anticipated vacancy on the Election Board. From the nominees of more than one caucus, the Senate will select the persons to serve on the Election Board. 6. The Electoral Branch will employ professional staff for technology, audit, and administration. B. Scope of Federal and State Election Laws1. Nominations and Elections of the President and Senators and territorial offices will be held according to federal law. Nominations and elections of state and local offices will adhere to the schedule defined herein. 2. Federal law will define the scope and methods of a census that will take place in years ending in zero and will require persons to respond. 3. Only the data by location, age, and citizenship will be selected from the raw census and tallied to determine Senatorial and Representative Districts, which will be redefined for the first election following the census. 4. Voting is a duty of citizenship. Federal laws will encourage the maximum participation in the election process. 5. Federal laws will define those citizens who are eligible to vote in all national and statewide elections, define multiple methods of voting; set the dates and times, by time zone, when voting places open and close and when election results can be released; and prohibit campaign and polling organizations from areas around voting places. 6. Federal laws will define the persons and organizations that may contribute money and services to potential candidates and nominees for federal office, limits on the contributions, restrictions the use of contributions, and requirements that contributions be made public[3]. 7. Federal funds will pay for all political advertisements in media of all types on behalf of all nominees for federal office. The nominees will supply the content of the advertisements. 8. Federal laws will define all procedures related to the Federal Nominating Convention. 9. State laws may augment but not contradict federal laws that govern the roles of the media, polling, and money in the nomination and election of state and local officers. 10. Federal laws will set standards whereby state and local governments will administer voter registration, polling places, absentee voting, and vote tabulations. C. Role of the Election Board1. The Election Board will execute election laws without partisan favoritism for actual or potential candidates or political organizations. 2. Employing professional staff, the Election Board will
3. At its first meeting of a new term, the new Election Board will select a chairman, review and approve the procedures of the Board, and announce the dates of next election: either the first or second weekend in April[4]. 4. The decisions of the Election Board may be appealed to the Electoral College for any reason, and the votes of 60% of the members of the Electoral College may reverse a decision of the Board. 5. The decisions of the Election Board will be subject to judicial review only for allegations of corruption within the Electoral Branch. 6. The Election Board will keep a journal of its proceedings and publish same on a timely basis. Members of the Board will not answer in any other place over any matter recorded therein. Footnotes [1] This Article defines an entirely new branch of the federal government– a specialized executive designed to monitor nominations and elections to federal office, under procedures defined in federal law. |
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VI. NOMINATIONS AND ELECTIONSA. State Delegates to the Federal Nominating Convention1. Governors or Acting Governors of the states will be delegates to the Federal Nominating Convention. 2. On or before the second Tuesday in January of even-numbered years, the legislators of the each state will meet as one body, divide into caucuses, and select delegates to the Federal Nominating Convention. Each caucus shall include at least 26% of the legislators, unless one caucus has more than 74% of the legislators, in which case a second caucus will be formed[1]. 3. The total number of delegates selected by each state legislature will be twice the number of Representatives from that state:
B. Federal Nominating Convention[2]1. On the second Tuesday in February of even-numbered years, the Federal Nominating Convention will convene in a city chosen by the House of Representatives. Delegates will be the state governors and those selected by the state legislators with a vote of one each and the Senators and Representatives with a vote of two each[3]. 2. The delegates will divide into caucuses. Each caucus shall include at least 26% of the votes, unless one caucus has more than 74% of the votes, in which case a second caucus will be formed. Delegates will join the caucus of their choice without regard to their method of selection or statements made prior to the convening of the Convention. 3. In years divisible by four, each caucus will nominate a candidate for President. The nominee will then name his or her choice of Vice President, make a public statement of a program to be implemented if elected, and request the support of the delegates in the election campaign and future government. 4. Delegates not supporting the Presidential nominee will withdraw. If there are only two caucuses, a third caucus may be created at any time by the assembly of delegates with at least 26% of the total votes present at the Convention[4]. 5. After the nomination of the President is settled, those Senators from districts to be contested will withdraw, and each caucus will nominate a slate of candidates for the seven Senatorial seats due for election and for the unexpired term of any Senatorial seat occupied by an appointee[5]. 6. In even-numbered years not divisible by four, delegates will convene in the Federal Nominating Convention with weighted votes as for the presidential nomination but without those Senators from districts to be contested. As for the presidential nomination, the delegates will divide into caucuses, and each caucus will nominate a slate of candidates for the seven senatorial seats due for election and for the unexpired term of any Senatorial seat occupied by an appointee. 7. The names of the persons selected in the Federal Nominating Convention will be the only choices for voters in the subsequent election for federal offices, except that federal law predating the Federal Nominating Convention will make provision for a substitution when a nominee dies or is incapacitated before the date of the election. C. Nominations for Representatives and State-wide OfficesBefore the end of the third week of February,
nominations for state or territorial and local officers will be
set according to state laws that meet federal standards:
D. Elections Days1. Elections will be held on the first or second weekend in April[6].
2. States and local governments may add measures submitted to the direct vote of the electorate to the ballot at any election defined herein and may otherwise hold special elections. E. Election Winners1. The President is elected by the voters in all of the Representative Districts in the states and territories. A Senator is elected by the voters of the Representative Districts in his or her Senatorial District. For President and for Senator, the winner will be determined by a count of the Representative Districts in which the candidate receives the plurality of the votes cast. If the count of Representative Districts does not determine the winning candidate, then the winner will be determined by the plurality of the total votes cast[9]. 2. For a Representative, the winner will be the candidate receiving the plurality of the popular vote within the district. 3. Federal law predating the Federal Nominating convention will define what happens when an elected federal official dies or is incapacitated before assuming office. 4. Following the election, the newly elected or re-elected[10]:
Footnotes: [1] Each caucus of the state legislatures will almost always be made up of persons from the same political party. The minimum size of 26% of the legislators means that three, but not four, caucuses are possible. [2] Primary elections for federal offices are eliminated. With simultaneous caucuses, the national Federal Nominating Convention is designed to provide compelling political theater – in contrast to the empty staged events now ignored by television and the electorate. Presumably candidates will appear before the caucuses. [3] With a citizen population of 300 million, there will be about 2,620 delegates: 21 Senators, an estimated 845 Representatives from states plus 12 from territories, 50 governors (more if big states divide themselves), and 1,690 selected state delegates. With two votes each, the votes of the Senators and Representative will approximately equal the votes of the state governors and selected delegates. [4] The possibility of a third party stays open through the end of the Convention. [5] The delegates from all the states and territories (who select the Presidential nominee every other Convention) select the Senatorial nominees who will then run for election within districts. Within the caucus of a party candidates must have something of a national reputation to be nominated, which is why a slate of seven nominees (plus those filling vacant seats) may be a practical maximum. Reinforcing the idea of a political party, the Presidential and Senatorial nominees will share a basic political philosophy, but as a practical matter, the Senatorial nominees must temper their expressions of allegiance to the doctrines of their national party in order to be elected in a regional district. [6] From nomination to election, the campaigns are limited to from 11 to 13 weeks of winter. [7] As a provision to encourage voting, the elections for important state-wide and local offices take place along with the election of Senators in the non-presidential years.
[9] Since the Representative Districts should each have a random sample of the electorate, it is very unlikely that a nominee who wins plurality of Districts would fail to win a plurality of the raw vote. [10] The interregnum is shortened to two or three weeks for the Legislative Branch and to five or six weeks for the Executive Branch. |
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VII. FEDERAL SERVICEA. Obligations and Privileges1. All persons elected or appointed to a federal office shall take the following oath: “I promise to preserve and protect the Constitution of the United States of America, to carry out the functions of my office to the best of my ability, and to perform the duties thereof with integrity.” 2. A special law, that may be passed in only years ending in one to be effective in the following year ending in seven, requiring the approval of 14 Senators, 65% of the Representatives, and the President, will selectively increase or decrease in increments of five years the minimum and maximum ages of the President and Vice President, Senators, Representatives, federal judges, and members of the Electoral College[1]. 3. Laws will define the remuneration of elected and appointed federal officials which will be effective for President, Vice President, and executive appointees: after the next presidential election; for each Senator and Representative: after the next election in his or her District; for members of the Election Board: on July 1st after a delay of three years. 4. The remuneration of federal judges shall be changed and become effective with every change in remuneration of members of the Executive Branch. 5. No person holding an elected federal office shall hold an appointed federal office. 6. Until the expiration of his or her current term in office, an elected federal official cannot be called into a judicial proceeding as a defendant, except voluntarily or for a felony, but legal actions may be filed and held in abeyance without counting time against a statutory limit. 7. After leaving office, unless impeached or expelled, federal officials will receive retirement benefits defined by law. B. Removal from Office1. The House by the vote of 65% of the members can initiate a Bill of Impeachment that specifies why a person should be removed from elected or appointed office. The grounds for impeachment shall be actions that knowingly undermine the Constitution, treason, corruption of office for personal gain, and major felonies. 2. The Senate will conduct impeachment trials. Against the President or Vice President, the Chief Justice of the Supreme Court will preside; otherwise the Vice President will preside. The vote of 14 Senators will convict. 3. A Senator may be expelled from the Senate by the vote of 14 Senators. A Representative may be expelled from the House by the vote of 14 Senators or by the vote of 65% of the House. The grounds for expulsion are the same as for impeachment. 4. Anyone impeached and convicted or
expelled is removed from office, ineligible for any pension or any
further government service, and liable to civil penalties and
criminal indictment. [1] An age limit is important and will become more important in the future. Currently, there is concern about the potential senility of over-aged elected officials and judges. With the continuing advances in medicine, the average age of incompetence will surely increase – which would seem to call for an increasing age limit for the various offices. But there is an alternate view: that an age ceiling is required because of gains in the health of senior citizens. Assume that science provides a significant increase in average live span, perhaps a vigorous life through 120 or 140, and further assume that this increased life span is matched by a reduced birth rate. The result will be a serious problem for politics: the aging population will give political power to the aged; without statuary limit, the average President and Senator might be over 100 years old; these leaders will be quite out of touch – 75 years out of college and with great grandchildren, if any, struggling to put great-great grandchildren through school. The handling of the age problem should be held open for future legislation. The restriction on when this legislation might pass insures that a sitting Senator cannot drummed out of the office on the basis of age. |
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article or section title below.VIII. FEDERAL FINANCE[1]
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