This is the big one.
In the actual Constitution, Article I refers to the Congress, Article II the President and Article III the judiciary. In my previous post, I explained why I put most of the amendments referring to citizen rights in Article I as primary as opposed to being an afterthought. This means that the description of Congress is moved to Article II. And it has a lot of changes, which I will discuss afterward.
Article II
Section One
The administrative functions of the United States government shall be vested in a Congress of the United States, which shall consist of a House of Representatives and a Senate.
Section Two
The House of Representatives shall be composed of Members chosen every four years by the people of their respective States, from local districts to be determined by federal law. No person shall serve more than three four-year terms to the House, except when serving up to two additional years for a previous Representative’s term in the case of vacancy.
No person shall be a Representative who has not been a United States citizen less than seven years, or is not a legal resident of the State of representation. No person shall be a Representative who is less than 25 years of age or more than 75 years of age. A Representative who has passed the age of 75 may retain that office but is ineligible for re-election if not otherwise term limited.
When vacancies occur in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such vacancies.
Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative.
The House of Representatives shall choose their Speaker from among the membership of their Congress, and shall have the sole power of Impeachment for federal officials.
Section Three
The Senate of the United States shall consist of two Senators from every State, chosen by statewide election. Each Senator serves a term of six years, and no Senator may serve more than two terms, except when serving up to two additional years for a previous Senator’s term in the case of vacancy.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who has not been a United States citizen less than nine years, or is not a legal resident of the State of representation. No person shall be a Senator who is less than 30 years of age or more than 75 years of age. A Senator who has passed the age of 75 may retain that office but is ineligible for re-election if not otherwise term limited.
The Senators shall choose their own President of the Senate from among their membership.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the Senate is tried, the Chief Justice shall preside and the President of the Senate shall have no vote, and no Person shall be convicted without the Concurrence of three fifths of the Members present.
Judgment in Cases of Impeachment shall only extend to removal from Office, and disqualification to hold and enjoy any Office of Honor, Trust or Profit under the United States but the Party accused shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law, regardless of the status of the Impeachment.
Section Four
The President of the Senate shall act as the chief executive officer of the United States, until removed by his fellow Senators, or if impeached. In Case of the Removal of the President of the Senate from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Senate shall immediately designate a successor from among their ranks.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President of the Senate shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
The President of the Senate shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices.
He shall annually advise the joint Congress of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section Five
The Times, Places and Manner of holding Elections for Senators and Representatives shall be regulated by Congress according to Law. All Elections for federal office shall be non-partisan. All federal Elections shall be held on the first Monday in November unless Congress shall by Law appoint a different day.
The Congress shall meet at least once in every Year, and such meeting shall begin at noon on the third day of January unless they shall by Law appoint a different day.
Section Six
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of three fifths, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section Seven
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from 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.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
Section Eight
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the Senate; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration three fifths of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by three fifths of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the Senate; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be re-passed by three fifths of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
All Senate votes shall be decided by simple majority and cannot be debated or held up by prospect of debate for more than 24 hours upon reaching the floor, the exceptions to the vote threshold being the three fifths vote required in Trials of Impeachment and a presidential veto of a Bill.
Section Nine
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support military Forces, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To make Rules for the Government and Regulation of the military Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section Ten
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section Eleven
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Section Twelve
No person shall be a Senator or Representative in Congress, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
NOTES
Notice anything different?
Much of the conditions for override in Congress require a three-fifths vote rather than two-thirds. Federal elections are to be administered through the federal government, rather than the states. Congressmen have term limits. Also, the House terms are expanded from two years to four, so that running for re-election is not more of a full-time job than the actual job.
But you may have noticed the big changes which relate to each other. Article II now refers not simply to the legislative functions of the government but the “administrative” functions. And the upper house (the Senate) effectively has the responsibility of the Presidency, because it will select a spokesman (the President of the Senate) in the same way the House selects a Speaker. This means, among several things, there IS no Vice President, since the one current administrative function of that office (nominal president of the Senate) is covered. Replacement of the Senate President is within the ranks of that house. There is no Electoral College, because the President is not elected separately. And the President of the Senate fills the functions of the President in the historical Article II, which compared to the historical Article I is actually rather brief.
The end result is to effectively change the United States from a presidential republic to a parliamentary republic, such as Germany, or Canada, where there is technically a Governor-General representing the British monarch but in practice the Prime Minister (elected as a Member of Parliament) is the executive officer and diplomatic head of government.
Why did I make these changes? Well,, the primary factor in the corruption of our republic and the business of government is the mindless partisanship between the two guaranteed parties of the duopoly, which is part of what has made the Republican Party insane: First, mindless fear of the opposition ( that being the Democrats. To be sure, Democrats are in fear of Republicans, but with considerably more evidence). Secondly, that fear leads to mindless loyalty to a Leader who promises to beat that opposition, which Trump does. Republicans lost most of the contested midterm elections but swept in 2024 and gained somewhat in downballot races in 2020. The main reason Trump lost then was COVID. Finally, that loyalty is reinforced by the fear of what happens if the Leader is defeated in any way, because that means Those Other People get power again and Our Side are second-class citizens at best.
And some would question why this system eliminates the chance to vote directly for a president. But hey, we have the chance to vote for a president now. The Electoral College notwithstanding, the US President is the only federal office that everybody in the country can vote for on Election Day as opposed to the House (which is per local district) or Senate (which is statewide). And in 2024, Trump actually got the most votes, of the people who showed up.
Was that really the best result?
I first propose to make all federal elections regulated by the government as opposed to states, because that will help to resolve issues with gerrymandering which are part of the problem of having certain seats be safe for one party or the other, which in Republican districts makes politics a contest of performative idiocy in order to get the primary nomination, which is the real vote. I also propose to make all elections non-partisan, as many state races (for judicial posts, sheriff, etc.) already are. This is the best I can expect to solve the matter of corrupt party loyalty without actually banning political parties, which would go against both the letter and the spirit of the First Amendment (the text of which is in my Article I). This would not ban parties, it would certainly not ban associations, but it does mean that party affiliation cannot be listed on the actual ballot. Which among other things means that instead of looking at which party is listed on a candidate’s name, voters would actually have to … do their research.
The other aspect of these changes is that if all work is done through the Congress, there is no longer a matter of Congress not being able to enforce its directives on the executive branch, which has been an issue for years, although primarily during the Trump terms. Most importantly, it puts the burden of responsibility on the Congress for the actions of government, whereas in the system as it stands, both the Congress and the voters build a cult of personality (or hatred) around the President and generally assume that the President is a magic man who can solve all the country’s problems by executive order. Right now it seems as though at least one party is under the assumption that that’s how the government is supposed to work, and they’re just there to draw a paycheck and get tax-paid benefits without having to actually do their jobs, namely setting the agenda for the government that the President is supposed to follow, rather than the other way around.
Now, one of the reasons why we have gradually devolved power to the President is that getting anything done through Congress is difficult. In some cases, that’s by design, and all to the good. However much of the current dysfunction is because of the aforementioned party loyalty and also because of various delaying maneuvers, namely the Senate filibuster, which is nowhere in the Constitution but has effectively created an un-Constitutional standard that any vote requires a three-fifths majority to pass even when this is not specified. That is here disallowed. Traditionalists would object that the filibuster is one of the counter-majoritarian checks in the system to protect minority interests and encourage compromise and debate. But again, it was not part of the system as designed. And in practice, it negates the chance for compromise in debate as a minority party can simply hold together to prevent debate from even coming to the floor on the premise that a measure is not going to pass. Defenders would also argue that the filibuster prevents the majority from being able to act with no regard for other parties. The Senate IS that check on the system. The Senate IS the means by which our republic makes sure that plurality interests are not overrun by a gross majority. The fact that the Senate exists in addition to the House is already a counter-majoritarian check on the public, and it doesn’t need an internal filibuster in addition.
Finally, one might ask, if the Senate is supposed to select a president from their own ranks, and there is no separate Vice President and we currently have 50 states, how would we break a tie? Simple. Make either District of Columbia or Puerto Rico a state. Either that or separate Clark County/Greater Las Vegas area from the rest of Nevada, since these are really two different states anyway.
Next time will be Article III, reviewing the judicial system and the Supreme Court. These changes will not be quite so great, but will probably be seen as radical by the supporters of the Republican Party. But they’re the people whose idea for government is to keep the Constitution exactly as it is, but then run the country as thought it doesn’t exist.