7/30/07
This is my proposal as an alternative to the National Initiative:
This is my proposal as an alternative to the National Initiative:
Amendment XXVIII
We the People, hereby establish this Eighth Article to the US Constitution.
Article VIII.
Section 1. The House of the People
Clause 1: The legislative Powers herein granted shall be vested in an additional House of the Congress of the United States; the House of the People.
Clause 2: The House of the People shall be composed of the entirety of We the People.
Clause 3: No Person shall be a member of the House of the People who shall not have attained the Age of eighteen Years, and been ten Years a Citizen of the United States.
Clause 4: Each Citizen in the House of the People shall have one Vote.
Clause 5: The House of the People shall in all times be Sitting, and shall not adjourn for any Reason, but does not need to gather physically in order to proceed in Session; nor shall The House of the People have any requirement to call a Quorum to do Business.
Clause 6: The Numbers comprising the Majority and two thirds of The House of the People shall be determined by the most recent Census, or by other method that The House of the People may prescribe by Law.
Clause 7: The House of the People shall choose to expel a Member, but only with the Concurrence of two thirds; however, expulsion from The House of the People shall not be construed to deny or disparage other Rights retained by the Person in question, including, but not limited to, Rights of Citizenship.
Clause 8: The House of the People shall choose the manner by which they will conduct its Rules of Proceedings, and shall keep a Journal of its Proceedings, and from time to time publish the same.
Section 2. The Powers of The House of the People
Clause 1: Any Member of The House of the People shall have the power to propose Laws, which upon Majority Vote shall become the Law of the Land, but may not enact any Law in violation of this Constitution, and all Laws enacted Thereof shall be subject to Judicial Review to Test the Constitutionality of such Laws.
Clause 2: The House of the People shall have the Power to overrule any Legislation, Rules, Appointments, Treaties, or Executive Orders issued by the Senate, House of Representatives, or the President of the United States upon reaching a Majority Vote.
Clause 3: The House of the People, as an equal House of Congress, shall have the same legislative Powers as both the House of Representatives and the Senate; but shall not have any of the legislative Powers that are solely reserved to the House of Representatives, or solely reserved to the Senate.
Clause 4: The House of the People shall have the sole Power of Recall of any executive, legislative or civil Officer, but may only Recall such an officer upon reaching Majority Vote; and the power to Recall any elective Officer shall be reserved solely to the Constituents for which the Officeholder in question serves; however, the Power of Recall shall not extend further than the removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party recalled shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Clause 5: The House of the People, whenever two thirds Concur, shall have the Power to enact Amendments to this Constitution.
Clause 6: The Members of the House of the People shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
7 comments:
I have actually taken the time to personally read your feeble attempt to write an amendment to the constitution. You apparently have no knowledge or concept of constitutionality. The simplicity of each article you have written only reflects your lack of understanding consitutional law. It is my opinion that you have wasted 2 hours of your life on this trash, when you should have turned your hat around, pulled up your pants and got a real job.
Actually 95% of the language in this is lifted directly from Article 1 of the US Constitution.
Why create the "House of the People?" It seems "the people" are already the foundation of a representative form of government. What made you think of this idea?
Margaret, it is simply an attempt to improve Gravel's flawed National Initiative proposal. I will go into the necessity of having a House of the People in the near future.
Clause 4: The House of the People shall have the sole Power of Recall of any executive, legislative or civil officer,...
Are judges excluded from Recall or does civil officer include judges? The judicial system today is totally corrupt.
Luis Magno, I keep going back and forth on this personally. I originally included Judicial officials in the language here, but I recently removed it. Here's the problem...the courts act as a very important check on Congress. If the People could remove members of the court, then that check would essentially be gone, and the courts wouldn't be free to make their free legal opinion of what is constitutional and what isn't, and would rather go with whatever is popular. I would note, though, that judicial nominees would not likely be political hacks since we could recall someone for nominating a hack.
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