A New U.S. Constitution to Maximize Liberty, Democracy, and Equity

If we look at the process of establishing a Constitutional Convention to have a new American Constitution, it can help us see new possibilities and give us hope for the future.

The United States Constitution makes no provision for political parties, but they emerged almost immediately after the founding of the United States government in 1789. So it seems that their existence is necessary. The problem today is that Republicans and Democrats, despite their differences on other domestic issues, are in complete agreement to continue to make it very difficult for third parties to have the same power as the two parties. In the broad political spectrum from the far left to the far right, only two parties have a voice, which is neither democratic nor respectful of rights.

Probably the best way to maximize freedom, democracy, and fairness is to give the seven largest political parties equal power and allow them to be represented proportionally in a unicameral federal legislature. But to adopt a unicameral federal legislature would require a new U.S. Constitution.

With proportional representation from seven political parties, a bicameral federal legislature would make it too difficult to pass new laws, amendments, and constitutions, so a unicameral legislature would be much better. In the articles listed below under Sources, I show how a Constitutional Convention to completely rewrite the U.S. Constitution could be fairly implemented. A new constitution could retain the best of the old one but also add important new features.

The United States House of Representatives currently has 435 members, which is a good thing. But is it really democratic to have a United States Senate in which the state of Wyoming, for example, has the same number of senators as the state of California? The bicameral legislature, the United States Senate, and the Electoral College must be abolished if our goal is to maximize freedom, democracy, and fairness. We must make it much easier to change laws, amendments, and constitutions to adapt to a rapidly changing world.

Thomas Jefferson proposed that the nation adopt an entirely new charter every two decades. Thomas Jefferson believed that we should have a new constitution for every new generation. As expressed in this articleIn 1789, Jefferson wrote a letter to James Madison in which he stated that a constitution naturally expires after 19 years. “If it is enforced longer, it is an act of force and not of right.” I think Jefferson was very insightful on this issue and that we are in dire need of a new constitution.

Article V of the current U.S. Constitution does not tell us how to properly abolish the U.S. Constitution. However, in Article XV11 of my draft Third Constitution of the United States (after the Articles of Confederation and the current Constitution), I show how the Third Constitution can be abolished in a very fair and democratic way when the people are ready for a Fourth Constitution. Our founding fathers intentionally made it difficult to amend the constitution, apparently believing they knew what was best for all future generations.

American voters today should be allowed to decide periodically whether they want a constitutional convention, after considering some proposals for new constitutions and proposed methods for implementing a constitutional convention.

There are 7 archetypal political groups in the United States: 1) the Republican Party, 2) the Democratic Party, 3) the Libertarian Party, 4) the Green Party, 5) the Socialist Party, 6) the Constitutional Party, and 7) the anarchists who generally do not form political parties. Anarchists do not value top-down controlled organizations such as government, the military, the police, and organized religion. They may value laws and rules based on Natural lawbut they do not value rules established by authoritarian leaders.

These seven political archetypes are worth understanding, but five of them have been almost completely ignored. If we can understand these seven archetypes and give each of them a public voice, we will increase our chances of living in an open, democratic, ever-improving, and happier society. It would be interesting to see how well these seven archetypes map onto the seven largest national political parties in the United States.

If the American people were allowed to decide through a referendum If they wanted to see a televised presidential debate between the 7 major national political parties, don’t you think the majority of people would say yes? But even more important than a debate would be a 10 minute debate. TED Conference of each party. Or at least a 3 minute reading or a 1 minute summary of each one. There are probably YouTube videos of each party.

Is the United States a democracy or a republic? It is said that when Benjamin Franklin left the Constitutional Convention, someone asked him whether the delegates had created a monarchy or a republic, and he famously replied: “A republic, if you can keep it.” The United States is a federal constitutional republic.

This writer would have liked to ask Benjamin Franklin why they were all so afraid of direct democracy. Why were they all so suspicious of the abilities and potential of ordinary people?

The Founding Fathers were all highly educated and wealthy, and they viewed direct democracy as a system of tyranny. In fact, it was direct democracy that they feared most!

Our so-called civilization has always been controlled by the elite. Take a look at the world. Do you think they have done a good job?

The Third Constitution is also a constitutional federal republic, but it allows for a more participatory and inclusive democracy with elements of direct democracy as well. For example, new constitutional amendments and any proposal for a new national constitution would have to be approved by the people with a 51 percent majority before being ratified. This is called a referendum. In fact, if we wanted to, we could even require the people to ratify every law passed by American legislators before it becomes final! That would really freak our Founding Fathers out. Voters could simply vote on national bills at their local polling stations or from their home computers.

In a rapidly changing society, we need to change laws, amendments and constitutions more quickly and in a very democratic way.

In the third constitution, three years after each presidential election, the people could vote on whether they wanted a constitutional convention to create a new constitution. If the people said yes, then it would take eight months to create a new constitution that would be completed in time for the next presidential election, normally scheduled for November. This plan would allow for a very smooth transition from one constitutional government to another.

But if the American people do not approve and ratify the document that the delegates to the Constitutional Convention drafted by a 51 percent majority, then the proposed new Constitution would become null and void, and the current Constitution would continue to be the official Constitution.

Under the third constitution, there would be seven justices on the Supreme Court instead of nine. The seven largest national political parties would each nominate one justice to the Supreme Court. Supreme Court justices would be allowed to serve an unlimited number of four-year terms if the political parties they represent continue to nominate them.

The Third Constitution could also make use of Preferential vote when electing presidents and federal legislators, but this may not be necessary if there are 7 political parties to choose from.

Under the third constitution, as we have already mentioned, the seven largest political parties would have proportional control of the unicameral federal legislature. But ideally, there would also have to be a way to give the seven largest political parties proportional control of the mainstream media.

The Third Constitution is intended to be simple and clear so that our children can understand it and draw inspiration from it.

The United States Constitution is the supreme law of the United States. The U.S. Constitution has been in effect for 235 years, since 1789. Can you imagine having the same kind of washing machine for 235 years?

Yes, it is true that if we just followed the current constitution, things would be much better. But if our goal is to maximize freedom, democracy and fairness, we will have to adopt a new constitution.

Sources

The Framers of the US Constitution Never Told Us How to Properly Abolish It – March 9, 2021

Third Constitution of the United States – July 28, 2024

The Most Democratic Way to Hold a Constitutional Convention – June 21, 2019

The New Article V for This Generation – June 17, 2019

New culture, new constitution, everything is new – June 30, 2019