Pocket Gofer 21

PRELIMINARY DRAFT OF A

CONSTITUTION OF THE UNITED STATES OF AMERICA

by Publius II

INTRODUCTION: William Peters offered the following remark in his book A More Perfect Union: “By his very nature, man was a mixture of good and bad qualities. By encouraging the good in man — his sociability, reasonableness, generosity, and lover of liberty — education, religion, and government might help to repress the bad — his selfishness, passion, greed, and corruptibility. And of all potentially corrupting forces, the most dangerous was political power.”

This line of thought provided for the founding fathers a framework for discussion and debate on May 25, 1787, when they finally attained a quorum in Philadelphia’s Independence Hall and were thus able to open the Constitutional Convention.

The Constitution that is presumably in effect today has, in fact, been repeatedly ignored by the elite class in Washington. These people make and enforce laws and regulations to suit themselves. This practice not only violates several parts of the Constitution; the situation has gotten so bad that the very purpose of that document — individual liberty under limited government — has been undermined.

In addition to this important statement there is another problem. Today it is extremely difficult to accurately interpret the intent of the founding fathers, simply because tremendous changes in the culture since their time have caused changes in the meaning of words and their usage in the English language. (This difficulty provided a part of Jefferson’s reasoning when he recommended that a new constitution be formulated every 20-30 years.) Therefore at the very least the Constitution’s wording needs to be updated, but it would be foolish to stop there.

In 1787-1788, citizens discussed and debated the merits of the Constitution as a proposal for adoption. They compared it with the inadequate Articles of Confederation that guided law-making at that time, and found the proposed Constitution to be a totally new precept. “Publius” promoted it in what later became the Federalist Papers, and history shows that citizens embraced it.

Today the nation confronts a similar situation. Useful as it has been for well over 200 years, the Constitution does not meet the needs of today’s citizens. A sweeping change is in order and Publius II is promoting a preliminary draft on behalf of his fellow citizens. If adopted in similar form and political activities following over the next 30-40 years were monitored closely by citizens they would all but eliminate today’s corruption, deception, thievery and loss of personal freedom.

The constitution itself should strongly emphasize the supreme importance of citizens acting on their own behalf. Persistence in this, albeit a challenge to maintain, will keep political power dispersed, and herein lies the very essence of democracy. Jefferson: “When government fears the citizens there is liberty. When citizens fear government there is tyranny.”

Furthermore, enlisting government assistance in the task of citizen self-improvement triggers behavior based in the positive side of human nature. This behavior would bring forth the inherent good in people as described above by Peters and create a virtuous cycle.

This information provides the background for the following preliminary draft. There is no intent to fashion a finished proposal; rather, this draft is but a basis for discussion and debate. However, it should be noted that the Founding Fathers, after much additional discussion, decided to offer their creation “in the lump” to be either accepted or rejected. They thought that if not offered as a complete document citizens would discuss it to death, thus rendering it useless for subsequent ratification. If rejected, they planned to organize a second constitutional convention.

But the draft displayed below is the product of just one citizen. (However, his thinking is supported by a database that consists of 30 years of research.) Hence the suggestion for discussion and lively debate among citizens before carefully selected responsible citizens meet in state conventions to debate the issue of ratification.

Discussion might produce two or three well-conceived formal proposals. If this happens the resulting competition would stimulate much serious thought and debate, and the final document would probably be rendered more effective through this process (which is the democratic process).

On second thought, events in today’s society move far more rapidly than in the late 18th century. Knowing that Leviathan in Washington is going to feel extreme panic and react accordingly, citizens might meet in state conventions and quickly agree to adopt the draft “in the lump” immediately.

If this is done people could terminate the entire current government upon the date that the 38th state ratifies the draft, possibly before Washington can circle its wagons. An arrangement to amend the document in an expedient manner might be put in place for the first few issues that arise. Or, a national convention might amend the ratified draft to eliminate it in favor of a much more thoroly discussed version that would be offered to the public for approval.

In the late 18th century transportation and communication were extremely primitive when compared to today. Therefore the founding fathers felt a need to provide for a body of representatives as a liaison between the central government and its constituents. They called it a congress.

For some 160 years this arrangement worked quite well. But time, human nature and lack of accountability eventually created an overbearing, deceptive and corrupt Congress. Therefore this proposal omits that body; its track record of public service is dismal, to understate the case. Today’s rapid travel and communications mean liaison is no longer necessary.

A careful balance should be sought between stability and dynamism. An over-emphasis on the first causes centralization, overbearing government, gridlock, and eventually corruption and deception. An over-emphasis on the second causes a lack of coordination and control of government institutions and functions. There would be a lack of firm guidance for constructive change.

Publius II respectfully submits the following preliminary draft for discussion and debate by citizens. It represents a distillation of his 34 years of research, writing and thinking.

A CONSTITUTION OF THE UNITED STATES OF AMERICA

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and to our posterity, do ordain and establish this Constitution of the United States of America. It is created by the people as an instrument of the people and for the people. Its intent is to make government the agent of the people, to help them protect their natural rights as free individual citizens from force or fraud initiated by other individuals, groups, nations, and especially government itself. The overall objective of this document is to install and maintain a government whose officials live in constant concern lest they face the wrath of the citizenry. An additional intent is to guide citizens in their pursuit of continuing, orderly and peaceful change in their society and hence their government as each citizen pursues his or her uniquely chosen destiny.

Natural rights are inherent in a person’s existence. They precede and supersede any law made by any government. While guided by this constitution citizens shall rely on morality and moral suasion first and foremost when governing themselves. Because people support what they help to create and government is force, law shall be used only as a last resort.

ARTICLE I

Citizens shall create a body of federal law to guide the decisions of implementation and policy making by the president of the United States. This body shall conform to the principles as set forth in ARTICLE VI in this document, and shall be LIMITED to those issues, national and international, which citizens deem to fall within the remit of national government, and which they find inconvenient or impossible to dispose of in other levels of government. Citizens shall create legislation intended to expedite repeals, updates, modifications or extensions of existing federal laws. Every federal law shall include a date of termination. Constant vigilance shall ensure that government at any level does not grow beyond an absolute minimum. Citizen-made law shall put this principle into effect.

ARTICLE II

The president and vice-president of the United States shall be citizens, and shall have resided within the country for at least fifteen years after age twenty. Each shall have attained age 40 or more at the time of direct election by eligible citizens voting, for a single term of five years.

The candidate who places second in the balloting shall assume the office of vice-president. No president shall be elected to more than one term, although he/she may again serve if duly elected after an interval of at least one term. No one shall serve as president for more than two terms. (As in the original constitution, there will be no need for political parties.)

Citizens shall determine the personal qualifications for these offices, the procedure to get on the ballot, the time and place of election, run-off elections, and the monitoring of campaigns and proceedings to ensure equal opportunity, openness and fairness. A majority of voting citizens is required to assume office. Polling places in all states shall open and close at the same time, or the news media shall be restrained from reporting on the outcome until after the last polling place has closed. Electronic voting is permitted, but only if closely monitored by independent observers.

The duties of the president shall be restricted to international relations, and providing information of his activities to the citizens as they shall require of him/her. He shall commit the United States to no treaties or other agreements with governments of other nations, unless they are clearly intended to make and preserve peace and goodwill among nations and enjoy the active and explicit consent of the citizenry. Citizens shall determine the mechanics of procurement of consent and penalties for actions taken in its absence.

He/she shall publicly justify every position on and addition to his staff, and each employee shall receive very modest compensation and per diem for travel, and no perquisites. The citizens must approve adjustments in compensation, per diem and pension, and any money earned from off-duty activities. The total size of the president’s staff shall be published at unannounced random times selected by citizens.

Within thirty days of assuming office the president shall select at least three candidates for ambassador to the United Nations, including the incumbent. State governors shall vote for their preferred candidate, either among these three or a rejection of all. A plurality shall suffice, with the second place serving as alternate.

If a majority votes to reject the entire slate a second iteration is in order, etc. The democratic concept of world citizenship and the public will shall guide the ambassador’s arguments, recommendations, and voting before the U.N. He/she shall report monthly to the president, who shall in turn report to the citizens.

The president shall have an advisory board created by citizens. He shall solicit advice from this group as he sees fit. It shall be organized as follows.

There will be ten members who shall serve in rotation, such that all states will be represented equally over time. Members shall be selected from all walks of life; state governments shall strive to approximate a demographic balance as they select members. (Walks of life shall be interpreted to read social status and occupations such as full-time homemaker, resident alien, student and retired. Neither race nor age nor gender nor ethnic heritage shall influence selections.) Officials of local and state governments will not be eligible. Former presidents and vice-presidents shall be invited to serve if approved by citizens.

[Ben Franklin: “In free governments, the rulers are the servants, and the people their superiors and sovereigns. For the former, therefore, to return to the latter (is) not to degrade but to promote them.”]

The president shall select a chair at the beginning and henceforth publish deliberations with his/her advisory board. He shall consult with members whenever the economy seems to veer in a potentially dangerous direction. They shall generate an estimate of the time needed for the market to rectify the error. Accompanied by an explanation, this estimate shall be broadcast.

Toward the end of a two-year period of service, members shall elect a chair and vice-chair. The chair shall serve in this capacity for one additional period, with the vice-chair available in the event of incapacity. Members shall serve without compensation, except for a modest per diem allowance and transportation to and from their homes.

Costs of official communications to and from home states will be covered. The advisory board shall promptly receive copies of any and all communications coming into the president’s office from voters, in its discretion.

The vice-president shall receive votes and other inputs from citizens through other levels of government, compile these, and report results to the president. His/her needs for staff shall be restricted as per the president. Citizens shall provide modest housing for the president, vice-president and immediate families.

The vice-president shall utilize standard accrual accounting practice in keeping the nation’s books, which shall be conveniently open to any citizen or group during stated hours and electronically. Independent teams of auditors shall be selected by citizens according to law, who shall perform their duties and report to the vice-president at random intervals.

The president shall provide monthly and quarterly reports of federal government expenditures to citizens through local government offices. Contingency obligations shall be subject to citizens’ approval and no activity will take place off-budget.

Extra effort shall be expended in order to make financial statements readable to a citizen with average intelligence. These statements shall be broadcast in accordance with law. Banks shall not be prohibited from issuing their own currencies.

During his term he/she shall monitor citizens’ preferences and prepare and submit two or three alternative biennial budgets for citizen approval thru voting. These shall include multiple choices for salary and expenses of himself and the vice-president, to be voted on by citizens.

Citizens shall have at least 90 days to discuss a budget proposal before it is due back to the president. At least 30 days shall be provided for a second submission and return if deemed necessary by citizens.

Once the budget is approved the president shall collect citizen-authorized operating funds from state governments, pro rata by voting populations.

During the biennium he/she shall prepare and publicize quarterly reports that directly compare actual expenses with those budgeted. He shall explain any discrepancies of more than three percent.

If approved by citizens the president may borrow money, but only for a fixed term. In no case shall obligations for interest or repayment of debt remain in effect for more than ten years; less if the constitution’s termination date intervenes.

He/she shall not tax individual incomes or assets, nor private sector organizations’ sales revenues, incomes or assets. Nor shall any government force a citizen to disclose personal wealth, except in case of prosecution of civil or criminal actions. If citizens agree to be taxed for the purpose the president may accumulate a reserve fund, to be used only for previously specified purposes and only when approved by citizens.

Citizens shall make laws. The text of every bill shall provide an explicit and direct reference to the appropriate part of the Constitution that authorizes it. (A lawyer may participate in the drafting of legislation by citizen invitation only.)

The president shall be subject to recall or be relieved of his/her duties due to incapacitation or incompetence, as provided by law. Citizens may remove an entire government via referendum, in their discretion.

In such events or due to the president’s death in office or resignation, the vice-president shall assume the duties of president. When a vice-president shall leave office for whatever reason, the president shall nominate at least two citizens, among whom citizens will decide at their convenience. The president shall designate one of these to serve in the interim.

The president shall convene a cabinet of departments, consisting of a Ministry of Foreign Relations and World Peace, a Ministry of Interior, and a Ministry of Treasury. He shall solicit citizen approval for each minister nominated. Any addition to the number of ministries shall be thru constitutional amendment only. Ministerial staff people are also public servants and shall therefore be rotated out of office at citizen-specified intervals.

All ministers shall seek guidance from citizens as well as the president when performing the duties of office. If the vice-president is serving in lieu of the president and becomes unfit for office for any reason, the Minister of Foreign Relations shall assume the mantle of office.

The Minister of Foreign Relations and World Peace shall be responsible for bilateral and multilateral relations with other countries, groups of countries, and with the United Nations. He/she and the advisory board shall advise the president regarding treaties and conventions proposed for ratification by citizens. After consultations with the president and approval of concerned citizens, he shall set or update policies for immigration and asylum. He shall promote free international trade and investment, keeping them away from political influence.

The Minister of Interior shall provide a resource for interstate relations. Excepting the District of Columbia, he/she shall manage federal lands with the objective of either privatization or transfer to stewardship by state governments.

He/she shall provide mediation in the case of disputes among states. He shall assist state governments in extradition of suspected criminals, including consideration of sentences a suspect is serving in another state. He shall adjudicate instances of cybercrime and other crimes that do not fall under the jurisdiction of one state. He shall oversee and coordinate citizen-established state and local agencies serving the needs of veterans.

The Minister of Treasury shall manage monetary policy within the confines of a gold standard. The primary objective shall be control over inflation; interest rates shall be set by the market. The minister shall also exert influence over the supply of money in the economy in accordance with citizen-made law. He/she shall examine requests from the executive for expenditures to be sure they mesh with the budget. He shall cooperate fully with any citizen audit.

All ministers shall provide information to the president and vice-president as needed for sharing with the citizenry. Ministers shall coordinate their efforts and keep each other fully informed. All plans and activities shall be open to investigation by news media.

Citizens shall elect a shadow cabinet, whose members shall be privy to all relevant information, and shall make decisions just as if they were in office. Results shall be disseminated to citizens. Members shall serve without compensation.

In the unlikely event of further incapacity in office (vice-president serving as president unable to continue and the minister of foreign relations and world peace incapacitated), the shadow president shall take office. The shadow cabinet shall meet regularly, and provide constructive criticism for the president while receiving comments from citizens. Citizens may ask the shadow cabinet to monitor government expenditures and report to them regularly.

Operations of all components of the federal government shall be open to public scrutiny. Information shall be carefully prepared using plain English language prior to release. Honesty shall pervade all preparation. Citizens shall by law make requirements for dissemination, to include penalties for noncompliance or delays.

ARTICLE III

The judicial responsibility for the United States shall rest in a five-judge tribunal, members of which shall be appointed by state legislatures. The basic qualifications for membership shall be familiarity with international law and the Constitution. Each tribunal shall serve for six months, in rotation, each term representing five scattered states.

It shall meet when appropriate in order to try cases of treason and other high crimes against the United States, as provided by law. It shall render judgment as to the conformity of every citizen-made law with the Constitution. The tribunal shall have authority to render null and void a law that does not conform.

Decisions to support or strike down a law will be accompanied by concise published explanations in plain English, but under no circumstances may these explanations be construed as new law. Furthermore, the tribunal shall adjudicate legal disputes between state governments as necessary. The overriding purpose of the court shall be protection of individual human rights from encroachment by government or others.

Members shall serve without compensation other than a travel and per diem reimbursement. Should one or more cases be ongoing at the end of a term of service, that tribunal shall complete its adjudication while a new panel assumes office on schedule.

ARTICLE IV

Each state government shall coordinate with all others to ensure that no state discriminates against the fundamental rights any citizen or group of citizens of another state or states. The same applies to legal resident aliens.

Every citizen aged 18 or older has the right to vote except those incarcerated for felonies, and no obligation of tax or other qualification shall tarnish this right. There shall be no impedance of access to polling places, geographic or electronic. Every election shall be subject to independent audit. Any verified impedance of such shall cancel the election.

No federal public servant shall assume a special title or trappings or perquisites, nor shall he/she accept any gift or benefit offered to him below market cost unless specifically permitted by law. In all his dealings he shall scrupulously avoid even a suggestion of conflict of interest. Instances where this is a part of his duties and thus cannot be avoided shall be publicized and explained to citizens’ satisfaction.

Candidates for and appointees to federal office shall demonstrate to citizens that they are public-spirited citizens who desire to serve for a limited time. Citizens shall create laws to set such limits.

ARTICLE V

This Constitution may be amended by citizen initiative as provided by law. A proposal shall be discussed and debated for at least one year. An amendment goes into full effect as part of the Constitution on the day it is ratified by ¾ of all voting citizens. If not ratified by five years after formal presentation (or less, if the termination date of the constitution intervenes) a proposal becomes null and void.

Citizens may ratify an amendment to accept an additional state into the Union, or to divide or consolidate existing states. None of these actions shall be impelled by force.

ARTICLE VI

The following statement of principles shall act to preserve the freedom of individual citizens from depredations at all levels of government and from other citizens, groups and nations. They are intended to foment morality in individual citizens, and hence a need for only minimal law.

The presumption of liberty shall guide lawmaking. Liberty has two dimensions. One is freedom from arbitrary rule by domestic or foreign governments, and from control by another person or group. It restrains activities from outside the individual citizen. The other is positive in that it includes the right of doing, thinking and speaking by the individual, provided that he/she accepts responsibility for his actions and they do not infringe on the basic human rights of another person or group. Any proposed law shall be measured against this presumption.

The principles are derived from the laws of human nature, which are also called natural law. Natural law inheres in people in light of their humanity. As mentioned above, they pre-empt and are superior to any law made by man. Formation of what few laws the citizens deem to be necessary shall be guided by these principles.

Government shall make no law that infringes the fundamental rights to freedom of religious belief and practice, freedom of speech and writing, peaceful assembly, and petition for redress of grievance. Freedom of speech and writing shall be construed to include constructive criticism of government policies, laws, and actions at all levels. (Local laws may guide any restrictions on speech.) Legal resident aliens shall enjoy the same basic rights as citizens. Religious practice may need to be modified to avoid restricting the basic rights of others. Tolerance shall guide policymaking. Any monetary influence must be open for all to see.
Government shall make no law that infringes the fundamental rights to legally and honestly acquired private property: preservation, improvement, modification, repair, transportation, inheritance, gift and conveyance through voluntary agreement between seller and buyer. The taking of private property for the public good must be in accordance with law made by citizens within the appropriate jurisdiction, and fair compensation must be promptly provided. The same shall apply to any infringement on the full rights of private property as specified in the first statement above. The sanctity of legal contracts freely entered into shall not be disturbed by government. The fundamental rights to private property shall apply as well to international trade and investment.
The Rule of Law shall prevail: Laws enacted by citizens shall apply exactly and equally to every person or group of people in the appropriate jurisdiction, with absolutely no exceptions under any conditions.
Citizens shall be protected from unreasonable searches of property or person, and seizure of private property.
Every citizen shall be protected against incursions by force or fraud on the part of government, other person or people or nation-states.
Every citizen accused of an offense against law is entitled to a prompt and fair trial. He/she may not be tried more than once for the same offense, excepting appeals. He shall not suffer cruel or unusual punishment, nor shall he suffer harsher punishment than others for the same offense. He shall promptly be informed of the nature of his offense, and shall have access to witnesses and competent counsel for his defense. Punishment shall be prompt, sure, fair, and fit the nature of the offense. Whenever appropriate, civil procedure shall precede and prevail over criminal.
Political power shall originate in ideas, recommendations and programs proposed, discussed, debated, and decided by citizens at the local level. With bottom-up local government, citizens pass responsibility for implementation on to other levels only when they deem it necessary. The citizens shall carefully specify powers given to government at all levels, and disseminate information about them. Any powers not so delegated shall remain in the citizens. Citizens may take back powers previously granted, at their discretion. The definition of the principle of federalism includes two dimensions. The first lies in minimal government at all levels; political power remains dispersed where it originated. The second ensures a balance in powers delegated such that no one level or branch of government gains predominance over others.
State governments shall not inhibit legal goods, services, capital, and citizens from free travel and relocation between states, for employment or otherwise. In an instance of real or potential danger, information and persuasion shall guide behavior, not law. Said governments shall coordinate taxation of citizens with interests in more than one state, while guided by the objective of fairness.
Government shall make no law that favors one citizen or group of citizens over another or others, or discriminates against the same.
The federal government may not give or send public money to individual citizens, nor receive money from them through force of law.
Education shall not be subject to interference by government. Quite the contrary: the federal government shall encourage excellence in education without exerting any authority, monetary or otherwise, or any type of undue influence. Government recognizes that an enlightened public can determine truth through free and open discussion and debate of relevant issues, and that the public can through these activities discover and act against any type of subterfuge or corruption on the part of government officials. Democracy needs and thrives on intelligent dissent.
Good citizenship includes tolerance of those whose appearance, beliefs, speech and actions are perceived as different. It includes a democratic mentality, internal morality, and the desire to contribute to good government. The good citizen knows that eternal vigilance is the price of liberty.
By definition government is force, and therefore the principle of persuasion shall be utilized as often as practical, with reliance on force only as a last resort. The right action is that which is determined by citizens and not government officials, who shall remain public servants.
Every ballot for public office shall include a space called NOTA, or None of the Above. If no candidate earns more votes than NOTA, another election shall be expediently conducted and with different candidates.
Government and affiliated organizations shall place no restriction on candidates’ access to the ballot, except according to citizen-made law.
Members of a minority shall accept majority rule, but the latter shall respect the fundamental rights of the minority, including the right of participation in government.
Citizens shall make laws, first at the local level. Issues not amenable to disposition at local level shall be handed on to the next level, at which citizens shall make additional laws, etc. A body of law at national level shall address only issues left over from all previous actions.
A maximum proportion of money raised for government operations shall be spent where it is raised.
Any state, part of a state or group of states retains the right to secede from the Union. Citizens shall establish the procedure by law.
Citizens must be formally consulted according to law whenever plans are discussed for ANY foreign military deployment or action whatsoever. Citizens shall set procedures for bringing all foreign military people home, and phasing out all armed forces. The timing shall be subject to citizen judgment.
Neither national security nor any other reason shall be utilized to justify government at any level withholding information from the public. Upon receipt of reliable evidence of such withholding, state governments are authorized to “fine” the federal government by withholding requested funds at their discretion. Citizen-made law shall guide punishments for any other type, amount or duration of impedance. Democracy cannot function without open government.

ARTICLE VII

The new Constitution shall come into full force and effect upon ratification of three-quarters of state constitutional conventions gathered for the purpose, at which time the original Constitution (in effect as of June 21, 1788) and subsequent amendments shall be terminated. Delegates to such conventions shall be selected through the democratic process. With due dispatch following final ratification an election shall provide a president and vice-president who will organize a federal government in accordance with the new Constitution.

Within 30 days of this ratification a time capsule containing information about the economic and political environments of the time and including constructive critiques provided by citizens shall be securely buried. Monitoring to ensure safekeeping shall be by law.

At noon exactly thirty years after date of ratification this Constitution in its entirety, including all amendments, shall become null and void. Six months prior to this date the time capsule shall be retrieved and utilized as a guide to formulation of a new constitution to replace the one to be terminated. Due attention shall be given to inputs from young citizens. No national debt or monetary obligation in any other form shall be carried forward beyond date of termination.