The Clean Slate Amendment

From World History Wiki
Jump to: navigation, search
Spaldam's FJ Pic World History Wiki is Brought to you by:
Spaldam's Adventures


References and comments

This is a work in progress of theoretical ideas.

If you have specific ideas or feedback on how it could be improved, please contact Seth Hollist for US Congress. The more details and arguments you can provide the better.

Links

http://www.thirty-thousand.org/index.htm - 435 Representatives Can Not Faithfully Represent 300 Million Americans!
This is an average of 690,000 person per U.S. Representative.

http://www.usparliament.org/stv.php - "Ranked Choice Voting" - this may be too complex for some people to understand, causing confusion with voting.

http://blog.spaldam.com/2009/11/clean-slate-amendment.html - my original thoughts on this kind of an amendment.

http://blog.spaldam.com/2008/06/problem-with-politics.html - The real problem with our political system that I want to correct.

Feedback

  1. I had one strong opposition to the section on changing the way we elect U.S. House Representatives, saying he didn't agree with it, and thought it was a big enough change it should be its own bill.
  2. I've seen some concerns about increasing the size of Congress to levels that might be considered unworkable.
  3. I had a suggestion that all amendments, other than the "original 12" should be repealed.

Decisions

  1. The more I look at everything that changed in 1913, the more I think all these things are related, including the 16th & 17th Amendments, and the monopoly status of the Federal Reserve. All of which were passed or ratified in 1913, and have since sent us down a path of "Humanism" or "Progressive" thinking that goes against the essence of Human Nature our Founding Fathers were trying to protect ourselves against by creating a Republican form of government that separated power with checks and balances. Further, a bill was passed in 1929 that imposes a cap of 435 House representatives essentially limiting the ability of the people be properly heard in congress, or even clearly heard by their representative.
  2. With today's technologies, we see non-profit groups collaborating with each other in unprecedented numbers. I believe that using these same collaboration technologies, like wiki's, telecommunications, and the like, would make it very workable, and even more open and collaborative their constituents.
  3. Some amendments passed after the 12th are important to preserving peoples liberties and further clarifying and provide additional direction around some portions of the constitution that where not well defined.

The Clean Slate and Improving Representation Amendment

113th Congress (2013-2014)
1st Session

H.R.____

The Clean Slate and Improving Representation Amendment

IN THE UNITED STATES HOUSE OF REPRESENTATIVES
January 25, 2013

Mr. Seth Hollist of Texas introduced the following bill; which was referred to the committee on Constitution Amendments.

A BILL

To restore the original intent of the Constitution, undoing the effects of bills and amendments, passed and ratified since 1913, that have eroded away the Constitutional Republic's originally intent, and have been transforming the United States of America from a Republic into a tyrannical Democracy. To fully reestablish the People as the enabling power, and to restore proper representation of the people and states through re-structuring the elections process for the House of Representatives. To re-clarify the intent of the office of president as a non-partisan military and diplomatic leader, with the House speaker being the top leader of the people, and to remove all powers taken illegally by the Executive Branch and its appointees, directorates, and bureaucratic organizations so the Constitution may stand protected against further encroachment in the future.


The Constitution of the United States to be amended by passage of the Senate and the House of Representatives of the Unites States of America in Congress assembled, and ratified by at least 3/4 of the states,

Section 1

Clause 1

First get rid of all the amendments that have changed our Republic in to a Democracy.

The 12th, 16th, 17th, 20th, 22nd, and 23rd amendments to the U.S. constitution are now repealed.

I might even consider removing most (if not all) all amendments from 12 on.

Clause 2

Specify this amendment becomes active at a time that will not interfere with currently underway elections.

This amendment shall take effect on February 1st of the year following the year in which ratification of this amendment occurs; unless otherwise noted; however, states may begin to change their elections laws, as needed to conform to this amendment, as soon as it is ratified.

Clause 3

Nothing in this amendment shall be construed or implied to affect the laws of the states, but only those of the Federal Government.

Section 2

This section is similar to Downsize DC's The Read the Bills Act of 2011 (RTBA),
     "One Subject at a Time Act" (OSTA), The "Enumerated Powers Act" (EPA), “Write the Laws Act” (WTLA),
     and a few additional ideas of my own.

Clause 1

All new bills presented to and passed by Congress, or signed by the president shall adhere to the requirements set within this section, as well as all previous requirement set forth in the constitution. Failure to adhere to these requirements will be considered as immediate grounds for the Supreme Court to declare the resulting Act, in its entirety, as unconstitutional, and thus entirely null and void.

Clause 2

All bills must contain a descriptive subject and descriptive summary that clearly states the entire contents, including all amendments, of the bill. If more than one subject is presented in the bill, it must be done as a comprise, and clearly stated in the subject and description. No description shall exceed 150 words, and must be written in language that can be reasonably understood by the average high school graduate.

Clause 3

All bills must be openly read in their entirety before each congressional body, before a general vote is to be allowed; unless the bill is considered to be of a sensitive nature related to national security, in which case each congressmen shall acknowledge they have read the bill before their vote can be submitted, the bill must pass by a super majority of 60% in both the House and the Senate, and not be vetoed by the president.

Clause 4

All bills must include a statement of Constitutional authority; meaning they must state where in the constitution the government has authority to impose and enforce this law, and that it does not violate any portion of the constitution, or the rights of the states or the people.

Clause 5

All new bills must be presented by a congressman who has at least participated in the writing of the bill, and is willing to take ownership of its content as the official congressional author of the bill.

Clause 6

Trying to stop corporate bailouts, crony-capitalism, affirmative action, and other federal "welfare" programs.

No bill may be passed that respects one citizen or group of citizens unequally, or provides special privileges, loans, grants, or other moneys to any citizen or groups of citizens, private organization, private business or corporation, or other entities external to the government, unless specifically and directly authorized within the constitution.

Section 3

Sun-set / Re-authorization of all Federal laws.  This along with the new requirements in section 2 should eventually
   cause all unconstitutional laws "Sun-set" or require a constitutional amendment.

Clause 1

All newly passed laws/bills shall expire 10 years after their passage, unless another date is specified that is less than 10 years in the future.

Clause 2

All previously passed laws and bills shall expire within 10 years, from the date of ratification of this amendment, unless they are renewed, through passage of law, and follow the new requirement described in the previous section.

Clause 3

A new bill may contain an expiration or renewal date that exceeds 10 years, if it still contains a specific expiration or renewal date, is passed both the House and Senate with a Super Majority of 60%, and is not vetoed by the president. If a bill with an expiration date exceeding 10 years does not meet these requirements, it may still be considered passed if it meets normal standards for passage, but shall automatically be defaulted back to a 10 year expiration or renewal date from the date of its passage.

Section 4

Trying to insure taxes are properly obtained, and protect us from unfair income taxes,
but without implying that there should be an income tax; more of a precaution if there is one.

Clause 1

Despite the repeal of the 16th amendment this shall not prevent congress from rising taxes in an equally applied fashion, as described in other portions of the Constitution; however, Congress shall not lay tax upon personally owned properties, inheritance or in-kind trades. If income is to be taxed, no person’s income below two times the current poverty level shall be considered as taxable.

Clause 2

All taxes collected based on income must not exceed 15% of taxable income, only go directly to the operations of the government, military, and other constitutionally allowed uses as defined in Artical I Section 8. Such funds shall not be given to any other entities, business, corporations, organizations, foreign governments, etc. nor debts incurred to pay for the same. This however shall not prevent the government from providing other forms of aid.

Clause 3

Congress shall through passage of law, enforce these provisions and provide specific formulas and procedures for determining the poverty level. This however shall not entitle any person to assistance or special privileges from any government nor private entity or persons. The poverty level shall be adjusted annually.

Section 5

Cap Federal Officers and appointees pay

Clause 1

No federal officer, whether appointed, hired or elected, shall be given a total salary, compensation, or anything else equivalent to more than ten times the set poverty rate, nor be provided with other compensating benefits that go above and beyond the best benefits provided by any business or cooperation to their employees. This however shall not apply to expenses incurred due to official government related operations, but such expenses shall be further defined and controlled through passage of law.

Clause 2

Each federal officer, and their employees and assistance that are paid out of general treasury funds, shall have their pay pro-rated based on their percentage of voting on purposed bills, and all pay and compensation shall be suspended during any period of time when an officially passed budget is not in place; with no possibility for retroactive compensation.

Clause 3

This clause is similar to Downsize DC's "Fight Deficit Spending" Act

If Congress approves and operates under a deficit spending budget their pay for that year shall be reduced by a percentage equal the percentage of the deficit in comparison to the amount a non-deficit budget would be. This shall not include usage of any "rainy day" funds or other savings.

Section 6

Trying to stop gerrymandering of congressional districts, and improve the people's representation in the U.S. House.
   The overall intended effect is that people will be more inclined to feel like they have someone who truly represents
   and looks out for them in the U.S. House of Representatives.
This idea is also one to try and stop what I call "Fear-mongering" that often prevents people from voting for someone
   who truly represents them out of fear that the greater of the evils will win.  This way even if the most "evil"
   candidate gets in, he will hopefully be countered by the "best" candidate that many times today is viewed as unable
   to win.

Clause 1

States shall be free to determine their own geographical areas for U.S. House voting districts, but they shall each contain no more than 300,000 persons per district, based on the most recent census data. The size of the U.S. House of Representatives shall not be limited to a set number of representatives, but shall have a size set by the number of districts minimally needed to meet this and the following requirements.

Clause 2

Each U.S. House voting district shall elect two representatives by allowing each registered voter within the district to vote for up to two different candidates. Any political party, organization, or faction many not nominate more than one person per district as a candidate. The two candidates with the most votes shall become Representatives within the U.S. House, each with full voting rights. All other requirements set in the constitution for elections and voting shall remain in effect.

Clause 3

This is what I call "real" campaign finance reform, and it should also help insure state's sovereignty.

Candidates for the U.S. House of Representatives shall not accept funds or moneys for their campaigns that comes from people living outside of the state their district is within, nor from any entity, organization, company, or corporation that does business or operates in any capacity outside of their respective state. States shall have the right to further restrict sources of campaign funding, but in any case shall allow any persons to financially support candidates running within their respective district(s). This shall not be construed to disallow anyone from their freedom of speech, nor to disallow other groups or person from spending money to inform or speak about candidates or political ideas in an unofficial capacity, unrelated to the candidates official campaign nor related organizations.

Clause 4

The states shall be responsible for enacting and enforcing election laws to insure campaign financing restrictions are complied with within their own boarders. The Federal government shall have not have any jurisdiction to enforce this section except as a matter of oversight to insure States are making a best effort to enforce and oversee elections.

Clause 5

To accommodate a larger sized of the House, to promote an open and honest representative body, and help those elected to the House of Representatives stay in touch with their constituents, each state shall provide at least one Federal Building within their borders to house meeting rooms and offices for the members of the House elected within their state. These buildings shall also contain technologies to allow open communication with all other congressmen, including those in other states, and to enable them to participate in congressional sessions, committee meetings, and to securely vote on all bills.

Clause 6

At least one sixth of all House members from each respective state must be present at the Federal Capital during open sessions of the House to constitute a quorum, and must be rotated so no one Representative is in the capital for more than 3 months at a time, with at least equal time in between visits as was spent during their last visit; however, congress may vote to allow exceptions during extenuation circumstances.

Clause 7

All non-state territories under U.S. jurisdiction shall be allowed the people to elect one delegate to the U.S. House of Representatives, and appoint one delegate to the U.S. Senate, both with full voting privileges. Territories shall not be held accountable to Clauses 1, 2, 5 and 6 of this section.

Clause 8

No one shall they be eligible to be a Representative, Delegate or Senator if they hold or are heir to any titles of nobility, or hold active citizenship in any other country or nation.

Clause 9

This section shall not be construed or interpreted as having any effect on members of the Senate; except where specifically specified.

Section 7

Make the President and Vice-President non-partition appointments, solidify the roll of the electoral college, and clarify
     the limitations of the powers of the executive branch

Clause 1

All states and territories shall elect a number of electors for appointing the President and Vice President equal to the whole number of Senators and Representatives or delegates in Congress, on the first Tuesday of November before the current term of president expires. This Electoral College shall choose from among themselves through a process of voting whom the president and vice president shall be, based on whomever receives the most and second most votes from among the electorates.

Clause 2

No person shall be eligible to the Electoral College and the office of president or vice president if they are not born in a state, territory, base, embassy or other land considered to be sovereign U.S. land or territory, and born to at least one parent with US citizenship at the time of birth. Nor shall they be eligible if they hold or are heir to any titles of nobility, or have citizenship in any other country or nation.

Clause 4

All executive orders given by the president, or other regulations or provisions passed by any cabinet level organization, or other government entities, that have not been passed into law by the congress - as described within the constitution - shall have no effect beyond the direct operations of said organizations, respectively. Other Federal Government regulations may only be viewed as suggestions or guidelines, with no recourse or punishment of any kind by the Federal Government for non-compliance; however the States may determine their own punishments and laws within their own boarders.

Clause 3

This section shall supersede all provisions in all previous amendments and specifically repeals amendments XII, XX, XXII, and XXIII. All other provisions and amendments related to the president and vice president shall remain in effect.

Section 8

The constitution says judges are in for a period of "good behavior", but does not explicitly define what to do about "bad" judges.
     Congress should be able to impeach them, but not without some kind of a check.
We also need to stop "legislation from the bench", which allows judges to set a precedence that essentially becomes judicial law.
We also need to clarify the reason for trial by juries, as the last defense for the individual against tyrannical and unjust laws and governments.

Clause 1

Congress shall have the power to impeach members of the Federal Courts, including members of the Supreme Court, in the same manner as prescribed for impeaching the president. The Supreme Court shall have the power to overturn such impeachments only by a 3/4 agreement.

Clause 2

Considering that every case is different with its own unique set of facts and situations, except in cases were constitutionality is in question, no one case shall be used by any court to set precedence for judging the merits of another case in determining the verdict and sentencing.

Clause 3

In all cases tried by a jury, the jury must be informed of their proper role including the ability to nullify any sentencing if they believe the circumstances or the law itself are unjustified.