Proposed Constitution

Hope for the future

ARTICLE I: THE LEGISLATIVE BRANCH (Part 1)

 

SECTION 1: The Legislature

a. Dissolution of States’ Rights and their Division 

No District or State shall possess sovereignty or legislative powers outside of those granted by the people of the Republic in this Constitution.

NOTE


There are great advantages in unifying all States into one people, indivisible. This law will unify and centralize political power in a Federal government, with the group of people that it represents identified as the Republic of America. “Republic” has always represented a government where the power rests solely with the people, by the people electing representatives that recognize, support, and do the people’s will. Current governments are run by the will of politicians who look out for their own personal interests or the interests of the constituency in their home State that do not necessarily reflect the interests of the majority of citizens in the rest of the States. The current Constitution allows politicians elected by one State to hold more power and exercise more authority than other equally elected politicians. It allows Congress to assign its own, usually seasoned (multi-term) politicians, to chair powerful committees, even though less-tenured and newer representatives might represent a larger number of people. Here is a graphic example to illustrate
this disparity of power: States’ rights and power have caused many (if not most) of the social problems experienced by Americans. The most conservative States in the Union, which have a smaller population than other, more liberal States, wield a greater power in Congress and cause political gridlock, many times inciting prejudice and threatening the right that all humans are created equal. It was a hard fight to convince the Congress of 1862 to abolish slavery; the Congress of 1964 to abolish segregation; and we currently are experiencing some States fighting against homosexual protection and equal liberties. All of these seemingly humane acts that should be obvious, were stalled and fought against by the constitutional rights of States. This new constitutional proposal eliminates the probabilities of inhumane government policies continuing in society because of the minority.





b. Congressional Power to Establish Laws

Term Limits for the Legislative Branch.  All legislative powers herein granted shall be vested in a Congress elected every four years by the people and limited to two terms each within any period of twenty consecutive years.

c. Requirement to protect Earth.

Legislative powers shall be restricted to acts and procedures in the establishment of laws that support the wants and needs of the people proportionate to the support of the natural laws of Earth and its environs.

NOTE


No person of eighteen or twenty-one years, for example, has the experience of life necessary to run for an office that will direct the affairs of those who have had more life experience in the real world. Society sets determinate factors in relation to when a child becomes an adult. Modern family situations have developed an acceptable age of full accountability, which is generally eighteen to twenty-one years of age. However, just because one is now fully accountable, does not mean that that one automatically becomes experienced in accountability. This law forces a person to have at least a decade of experience living life with full accountability. In addition, teenagers are greatly susceptible to their parents’ prejudices. Well said by Albert Einstein, “Common sense is the collection of prejudices acquired by age eighteen.” This being the case, the common sense that a person utilizes in making laws that affect other people’s lives, must be developed. The way to do this is for the individual to gain some experience in the use of their personal “collection of 7 prejudices” and how well they work with other’s prejudices in the real world, outside of the security and support of the family unit. The District where the person lives sometimes produces sub-cultures, ideas, and a way of living different from other Districts. To truly be in touch with the people, one must live among the people and observe their wants and needs firsthand. This law will prohibit a person living in one District and owning a house in another from running in the District where that person does not spend the majority of that person’s time. Furthermore, candidates for Congress should be vetted according to how involved they have been with the people of their particular District. If a candidate has four different residences all over the country, that candidate by default is detached from the general population. Because who, of the majority of the people of America, owns more than one residence?





d. Houses of Congress

Congress shall consist of a Senate and a House of Representatives.

NOTE


This law ensures that the people are always responsible for electing their representatives. This will further prohibit Congress from establishing special rules that can replace one of its Members without the people’s authority through their majority vote.





e. Equality of Congress

Congress shall not choose Seats nor designate Officers. There shall be no Classes, Committees, Chairpersons, or Seats, of any kind, in Congress.  Each Member of Congress shall be equal to all other Members, regardless of tenure, age, ethnicity, gender, economic status, religion, or sexual orientation.

NOTE


Term limits will allow new and updated representation. There are many people who are very educated and have wonderful ideas about the needs and wants of society. Current representatives make Washington D.C. their home and primary concentration. Years of service in Congress acclimates the representative to political instead of constituent interests. Two houses are needed so that suggestions for laws and a productive debate thereof can take place. A larger House of Representatives can introduce laws and argue them on a broader scale; whereas a much smaller Senate can then debate the issue approved by the Representatives in more detail and with less peer pressure. Both Houses of Congress are vital to a productive and fair representation and argument of the people’s particular interests. Eliminating special appointments, commissions, offices, and other designations of lopsided power within Congress will ensure a more balanced discussion and debate of the issues across a broader spectrum of representation. There is no reason, except for personal desires for power and prestige, why Congress should not openly debate each issue and allow each Representative an opportunity to voice an opinion regarding its subject matter and effects.





f. Consensus of Unanimity

Without a consensus of unanimity among its elected Members, Congress shall pass no law incumbent on the people outside of those established by this Constitution. There shall be no law without the unanimous consenting vote of each Member of Congress, whether physically present at the time of the vote or not. Congress shall have the option of voting by proxy or electronically, as it may determine from time to time, is in the best interest of any particular Member, or the people of the Republic.

NOTE


This forces Congress to do its job: make fair and competent decisions on a timely basis. Juries in court are forced by law to make a unanimous decision in important (usually criminal) matters that affect the life of an individual. The laws that Congress enacts affect each person’s life; therefore, the same expectations should be mandated for Congress. Congress will be forced to stay in chambers as long as is needed to come to a unanimous decision. If Congress cannot come to a unanimous decision, then the suggestion cannot become a law. Some might argue that this inclusion and mandate on Congress will hinder decisions and create more gridlock. Congress, like all of us, will not want to stay in session for many arduous hours. They will be forced to debate the issue, amend it so that all can agree, and pass the law before they are allowed to go home. If they cannot agree on an issue then the issue obviously doesn’t represent the consensus of all the people. Because this new Constitution establishes law that can enforce the laws that are the most important and beneficial to a person’s daily life, forcing Congress to agree on the other details won’t affect a person’s life dramatically. The Congressional Report and mandated transparency (outlined below) will help the people decide which Congress Representative, in either House, is causing problems and not cooperating with others to pass beneficial laws. With the power of the vote and term limits, Congress will be motivated to work together.





g. Congressional Compensation

 Members of Congress shall receive for their services a compensation as described in Section 7 of this Article. Besides that salary and within the period of their elected term: prior to that period within five years, and subsequent to that period within ten years—no Member of Congress or anyone associated with a Member of Congress shall receive from the Republic or from any of its people, or from any domestic entity of any kind, or from any foreign person or entity of any kind—any present, donation, emolument, office, or title, of any kind whatsoever. The provisions of this sub-section shall be construed consistent with the provisions of Section 1(l.) below.

NOTE


This provision eliminates the possibility of titles that viscerally puts one human above another. It also helps Congress focus on the needs of the people instead of pursuing the possibility of receiving accolades, gifts, and honors from foreign entities of any kind. Other nations have their own lobbyists that work hard to influence Congress. Promises of money and prestige from another nation, whose laws are protected outside of this Constitution, would allow a Representative to receive such emoluments during or after serving in Congress. This provision expressly eliminates that possibility, thus reducing the influence that foreign powers can have on Congress.





h. Congressional Conflict of Interest

 No Congressional Representative shall, during the time for which that Representative is elected, be appointed to any civil office under the authority or compensation of the Republic which was created, or the emoluments whereof which were increased, during such time; and no person holding any civil office under or within the Republic, shall be a Member of either House during such civil officer’s continuance in authority and office.

NOTE


America has become the number one litigious (wanting to sue in court) nation in the world. So that Congress can concentrate on the needs of the people, a Representative should be protected from frivolous lawsuits while that person is serving the people in Congress. Radical constituents (voters) and others who have become disillusioned with the Representative often seek retribution against that person through the Courts by filing litigation in an effort to embarrass or harass the Representative. This law eliminates that possibility. However, its limitation in domestic issues will allow a family partner the right to dissolve their marriage or seek legal relief at any time. This provision will not allow a Representative to shrink or avoid his or her personal responsibilities while serving in Congress.





i. Age and Residency Requirements for Congressional Representatives

No person shall be a Representative 1) who has not attained the age of thirty-five years; and 2) who has not physically resided in a specified District for at least five years.

NOTE


Two chambers where legislative bills (potential laws) can be properly argued with respect to and consideration for all representatives is crucial to a fair government for all. A bill is a citizen’s right to establish a law for a specific personal interest through fairly elected Representatives. The vast difference of opinion and selfish concerns of the citizens from different areas need to be considered. The House’s main role is to make sure that the proposed bill meets the needs of all people fairly and equally. The Senate’s main role is to look at the proposed bill in greater detail. The Senate members are fewer in number than the House and are able to discuss and argue the bill with deeper consideration. Because Congress will be forced (according to the provisions of this new Constitution) to pass a bill from each House with unanimity (see subsection f. below), no law will pass that is not fair to all people.





j. Congressional Replacement Outside of Regular Elections

When vacancies occur in the representation of any District due to death, disability, impeachment, or removal from office for any reasons determined by Congress according to its authority as this Constitution allows, Congress shall prescribe the time, place, manner, and approve and support the cost of a new election by the previously registered voters in the District where the vacancy occurs.

NOTE


This law ensures that the people are always responsible for electing their representatives. This will further prohibit Congress from establishing special rules that can replace one of its Members without the people’s authority through their majority vote.





k. Congressional Immunity from Civil Suits and Harassment

Congressional Representatives shall in all cases—except treason, felony, breach of the peace, or violation of any of this Constitution’s Articles, or those of a personal nature involving domestic issues—be privileged from legal process service or arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place by any other person or authority outside of those appointed by this Constitution.

NOTE


America has become the number one litigious (wanting to sue in court) nation in the world. So that Congress can concentrate on the needs of the people, a Representative should be protected from frivolous lawsuits while that person is serving the people in Congress. Radical constituents (voters) and others who have become disillusioned with the Representative often seek retribution against that person through the Courts by filing litigation in an effort to embarrass or harass the Representative. This law eliminates that possibility. However, its limitation in domestic issues will allow a family partner the right to dissolve their marriage or seek legal relief at any time. This provision will not allow a Representative to shrink or avoid his or her personal responsibilities while serving in Congress.





l. Congressional Recognition of Any Person[s].

No Title of Nobility shall be granted to any person, for any reason, by the Congress, nor shall any person holding any office of profit or trust under this Constitution accept of any present, emolument, office, or title, of any kind whatsoever, from any king, prince, or officer of any foreign state.

NOTE


This provision eliminates the possibility of titles that viscerally puts one human above another. It also helps Congress focus on the needs of the people instead of pursuing the possibility of receiving accolades, gifts, and honors from foreign entities of any kind. Other nations have their own lobbyists that work hard to influence Congress. Promises of money and prestige from another nation, whose laws are protected outside of this Constitution, would allow a Representative to receive such emoluments during or after serving in Congress. This provision expressly eliminates that possibility, thus reducing the influence that foreign powers can have on Congress.





m. Congressional Website for Complete Transparency

Congress shall maintain an official website. Such website shall provide full transparency of all congressional actions and activities, except those that might impede or affect national security as Congress may determine and prescribe with the concurrence of the President. Such website shall be updated on a daily basis and kept current within 24 hours of the preceding day. Such website shall be clear and understandable to the majority of the people.

NOTE


There are great advantages in unifying all States into one people, indivisible. This law will unify and centralize political power in a Federal government, with the group of people that it represents identified as the Republic of America. “Republic” has always represented a government where the power rests solely with the people, by the people electing representatives that recognize, support, and do the people’s will. Current governments are run by the will of politicians who look out for their own personal interests or the interests of the constituency in their home State that do not necessarily reflect the interests of the majority of citizens in the rest of the States. The current Constitution allows politicians elected by one State to hold more power and exercise more authority than other equally elected politicians. It allows Congress to assign its own, usually seasoned (multi-term) politicians, to chair powerful committees, even though less-tenured and newer representatives might represent a larger number of people. Here is a graphic example to illustrate
this disparity of power: States’ rights and power have caused many (if not most) of the social problems experienced by Americans. The most conservative States in the Union, which have a smaller population than other, more liberal States, wield a greater power in Congress and cause political gridlock, many times inciting prejudice and threatening the right that all humans are created equal. It was a hard fight to convince the Congress of 1862 to abolish slavery; the Congress of 1964 to abolish segregation; and we currently are experiencing some States fighting against homosexual protection and equal liberties. All of these seemingly humane acts that should be obvious, were stalled and fought against by the constitutional rights of States. This new constitutional proposal eliminates the probabilities of inhumane government policies continuing in society because of the minority.





n. Congressional Oath

Before Members of Congress assume the execution of their office, each shall take the following Oath or Affirmation: “I do solemnly swear (or affirm) that I will faithfully serve the people of the Republic of America, and I will to the best of my ability, preserve, protect and defend the Constitution of this Republic.”

NOTE


This provision eliminates the possibility of titles that viscerally puts one human above another. It also helps Congress focus on the needs of the people instead of pursuing the possibility of receiving accolades, gifts, and honors from foreign entities of any kind. Other nations have their own lobbyists that work hard to influence Congress. Promises of money and prestige from another nation, whose laws are protected outside of this Constitution, would allow a Representative to receive such emoluments during or after serving in Congress. This provision expressly eliminates that possibility, thus reducing the influence that foreign powers can have on Congress.





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© THE HUMANITY PARTY® (THumP®), 2020