A Proposed Amendment to the U.S. Constitution


a-proposed-amendment-to-the-us.-constitution

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Eric Zuesse

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The U.S. President will be elected by means of a standardized physical and personally signed mail-in ballot, which, starting in the first month of the election-year, is mailed out to all registered voters, who are broken down into 100 different and all-inclusive randomly assigned daily batches of 1% of the electorate (5% of the electorate per week), and which asks each such person “Whom do you wish were America’s President right now? (Name a living American.)” Each of the top two chosen named persons that is Constitutionally qualified and willing to serve as President — both of them naturally being publicly well-known — will then, within 30 days of having been publicly announced as having been selected by the voters for the second-round voting and willing to serve, post online that individual’s proposed Presidential policies; and each of these two contenders will, then, after yet another 30 days, together face a town hall, with 100 randomly selected Americans, at which event ten of them who would like to ask questions will randomly be selected, each one of these ten questioners to ask only one question (secretly held by that randomly selected individual), which they want to be answered by both of the contenders, and allowing each such questioner up to 5 successive follow-up questions on that one question, to ask that question of each one of the two contenders, but allowing no other question, and no time-limits. (That will, at a maximum, be 10 main questions, plus, for each question, 10 follow-up questions, or 110 questions total, as an absolute maximum, at this event, which will be the one and only Presidential-campaign town hall during the entire election-season.) After that town hall, each of the two candidates will have a half hour of free and federally financed air-time on all networks each week, so as to be able to address any issues that may have arisen. 100 days after that town hall, a second standardized physical mail-in ballot will be mailed out, this time all-at-once, to all registered voters and listing as options only those two identified individuals. All of the returned and personally signed ballots in each of the two rounds will be permanently stored for possible recounts. The candidate who receives the majority of votes will be the next President. The loser will be the Vice President.

The twenty-second Amendment to the United States Constitution is hereby nullified.

The twelfth Amendment to the U.S. Constitution is hereby nullified.

Article II, Section 1, Clauses 2 & 3, of the U.S. Constitution, are hereby nullified.

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THIS PROPOSED AMENDMENT WOULD ESTABLISH A MEANS OF AVOIDING THE MAIN SOURCES OF PROBLEMS THAT ARE IN THE EXISTING SYSTEM OF SELECTING A U.S. PRESIDENT, such as:

Nominees being selected entirely by means which enable billionaires and other top political donors collectively to control the outcome by eliminating candidates whom they all oppose.

Major newsmedia, which themselves are controlled by billionaires, coloring or ‘interpreting’ candidates’ assertions so as to sway voters toward their preferred candidates.

Staged ‘debates’ with only shallow questions that have been pre-approved by representatives of the billionaires, which representatives have negotiated, in advance, what questions will and what won’t be allowed to be publicly debated at these ‘debates’.

Replacing the Electoral College and eliminating the role that superdelegates play in the Presidential-selection process.

Eliminating the argument for term-limits on the Presidency (because no arbitrary requirement will be placed on whom the President should be, other than the requirements that were imposed in the 1787 Constitution itself).

Temporally spreading the initial selection-process, out to 100 weekdays, or 20 weeks, will prevent any one news-event or scandal or emergency from over-influencing the first-round choices of whom will be the two individuals competing in the second round.

By limiting the final choice to the individuals who were the two top chosen persons in the initial choice and willing to serve, that final choice will not only be between two individuals both of whom are highly regarded by a substantial portion of the population and willing to serve, but in the second (the final) round will allow each of them to present the individual’s case for him/herself and against the opponent; and this natural adversarial process will produce the polarity that is necessary to be accentuated in any meaningful election, so as to expose not only the strengths, but also the vulnerabilities, in each of the two electoral options (persons) that are being offered to the public in the final stage.

Since this Amendment would eliminate the influence of Party-organizations (because the voters would be choosing on their own and not guided by the Democratic National Committee and the Republican National Committee), it would introduce a new type of Presidency — one which, for the very first time in American history after the election of George Washington, would produce Presidents who are not answerable to any Party-organization but only directly-and-only to the electorate. The balance of powers between the Executive and the Legislative branches would then be much closer to what the Founders (who had wished to avoid any political Parties from forming in America) had intended to be the case, regarding the selection of the President. The Founders opposed political Parties because they knew such Parties to result inevitably in, and to encourage the development of, corruption. They wanted the President to represent only the public, no Party organization. The Founders also knew that any admixture between the Legislative and the Executive functions will greatly exacerbate corruption, by means of reducing the separation-of-powers. This proposed new U.S. Constitutional Amendment would restrain corruption because it would separate the President not only from the Party-system that controls the Legislature, but from the Legislature itself. This double-insulation would amplify the President’s “bully pulpit” (by institutionalizing adversariality, competition, between the Executive and Legislative branches) and simultaneously diminish the President’s direct influence (which, under the current system, a President exercises via his own Party-organization) over the Legislature. Politically, the President will therefore then be competing against both the House and the Senate, and will cooperate with the Legislature only so as to produce legislation that both the Executive and the Legislative branches will want to take to the electorate in their respective re-election campaigns. The objective here is to maximize the Government’s electoral accountability to the public.

The 22nd Amendment to the Constitution (setting a term-limit upon the Presidency, at no more than two four-year terms) was instituted during 1947-1951, under President Truman, in order to reduce democracy (eliminate the public from choosing the President) when an incumbent in the Presidency has proven to be so good that the public will probably always be happy for that person to continue on in that office until that person either dies or quits — such as was the case with Franklin Delano Roosevelt, who had died as the President in his fourth term, on 12 April 1945. Historians rank FDR as the 2nd-greatest President, after only Abraham Lincoln. Though he was popular as President, he is even more admired in retrospect by historians. In his own time, America’s wealthy were hostile toward him. The first-ever U.S. Presidential-election poll was taken by the conservative Literary Digest during the Great Depression in 1936 and only amongst middle-and-upper-class Americans, and it showed FDR likely to obtain only 43% of the vote, but in the actual election, he won 61%, and that magazine then died in 1938. Months after the Literary Digest poll in 1936, George Gallup mocked that pollster’s methodology and correctly predicted FDR’s win (though likewise under-estimating it, at 56%), thus creating the first scientific polling-organization, which still exists. The 1940 pollings showed FDR as being almost certain to win, which happened; and, then, in 1944, likewise. Republicans didn’t want that to happen ever again and thus forced through the 22nd Amendment so as to prevent it from happening. They sensed that they could never get a Republican as President who would be so popular for so long. However: that Republican 22nd Amendment is inevitably an invitation to corruption because it reduces the incentive for a sitting President to govern so that the public will be and will remain supportive of that incumbent’s continuance in office. The 22nd Amendment was thus part of the degeneration of American democracy — not part of its enhancement. If FDR had been held to the standard that the Republicans succeeded at imposing upon the country in 1951, with the 22nd Amendment, then in 1941 when the U.S. was attacked at Pearl Harbor and America’s economic recovery from the Republicans’ Great Depression was already blossoming in full force since 1938, the Republican Wall-Street lawyer and proponent of regulated monopolies, Wendel Willkie, would probably have become President, and America’s degeneration into extreme corruption would likely have begun four years before it ultimately did. Willkie wouldn’t have kept America out of WW II, but he had zero record in public office and there was nothing in his public record which would indicate that he would have served America and the world better in WW II and afterward than FDR and even Truman did. The 22nd Amendment was just a thinly rationalized power-grab by the Republican National Committee, as soon as FDR died. But merely eliminating it wouldn’t be enough to make America’s Presidential-selection process truly and directly democratic. Parties must be removed entirely from that process. This Amendment would do that.

The 12th Amendment to the Constitution, as well as Clauses 2 & 3 of Section Two, all deal with the Electoral College, and thus likewise would be eliminated by the proposed Amendment. Those provisions, too, had been introduced by conservatives, especially the slave states. Particularly, during the U.S. Constitutional Convention, “southern Convention delegates, who personally thrived on the institution of slavery and represented others who also did so, forced the compromise establishment of our bipartite constitutional scheme for presidential elections.” The Amendment which is proposed here would replace all of that. This Amendment would, in fact, at the Presidential level, end the institutionalized rule of America by its former slave states. The Civil War didn’t do this, but only held the Union together while outlawing outright slavery. Some of the Deep South’s stranglehold against democracy remained even after the 14th Amendment ended the overt commerce in human beings. Moreover, slavery continued in Alabama right up to WW II, when FDR, on 12 December 1941, ordered it finally to be ended.

Consequently, this would be a very important Amendment.

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Investigative historian Eric Zuesse is the author, most recently, of  They’re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010, and of  CHRIST’S VENTRILOQUISTS: The Event that Created Christianity.

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The statements, views and opinions expressed in this column are solely those of the author and do not necessarily represent those of The Duran.

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