“Congress Shall Pass No Law…”
Our constitutional democracy is imperfect, especially when the major parties disagree and cannot find common ground. With a few constitutional tweaks, we can overcome the imperfections and achieve a “more perfect Union.” The founders inserted Article V into the Constitution for this reason. Although we’ve amended the Constitution numerous times, we remain reluctant to align the Constitution to our twenty-first century reality. An Amendment Convention could fast-track the necessary changes and fulfill the vision of our founders. Whether we amend the Constitution piecemeal or bundle the alterations, here are my top must-have amendments.
Rollover Funding: Provide the President limited-in-scope authority to sustain federal operations if Congress can’t agree on a budget. The amendment also applies if the President vetoes a budget authorization bill, and Congress can’t override the veto. The goal is to ensure economic stability and national security and to “promote the general Welfare.” The amendment would maintain government services and functions without exceeding federal revenue collections or tapping into fenced funds such as social security.
Term Limits: Establish a maximum of 12-year terms, including the Supreme Court and President, ending the power-mongering career politician system. Senators serve a maximum of two six-year terms. House members serve a maximum of three four-year terms, which will help reduce the time-consuming and wasteful campaigning of two-year terms. And voters can reward a diligent and visionary President with a third term.
Fiscal Responsibility: Erase the national debt in three decades and balance the budget thereafter with nominal borrowing allowed to accommodate inaccuracies in budget forecasting. The goal is to match revenues to expenditures and not live beyond the nation’s means.
Technology (multiple amendments): Assess the impact of technology on the Constitution and revise accordingly without degrading the fundamental tenets of the Bill of Rights. Account for the Internet and electronic snooping in redefining privacy. Resolve the type and quantity of weapons and individual may possess. Consider also the ramifications of biotechnology (including genetics), the human impact on the environment (In 1789, land and resources were abundant.), and energy infrastructure (Is electricity now a basic human need?). Establish the Air Force within the Constitution. Also establish constitutional provisions and guidelines for intelligence agencies and the use of robotics, including drones, for domestic and foreign purposes.
War Powers: Limit the authority of Presidents to attack other nations if Congress has not declared war or if not under direct attack, with special provisions for nuclear, cyber, and other technologically advanced attacks.
Voting: Combine all previous amendments on voting and ensure that states cannot prevent anyone 18 years or older from voting if a legal U.S. resident and that states cannot redistrict to favor political parties or outcomes.
Corporations: Reverse the Supreme Court’s interpretation of the 14th amendment that treats corporations as a collective with individual rights but limits the liabilities of individuals within the collective.
Human Rights: Evaluate the civil liberties stated in the 1948 U.N. Universal Declaration of Human Rights (UDHR) for inclusion into our Constitution, expanding what we define as rights. For example, are social security (UDHR Article 22) and education (UDHR Article 26) basic human rights and if so, to what extent? The United States endorsed the declaration over 60 years ago.
Legislative, Judicial, and Executive Perks: Eliminate them. Congress shall pass no law that treats any member of the Executive, Judicial, and Legislative branches differently than any other federal employee. In keeping with the egalitarian principles of our founders, one system would apply to all to include healthcare and retirement. The amendment would also prevent Congress from authorizing pay raises in advance of ratification. Former Presidents, however, would receive special benefits, such as retirement and personal security services, so they can write their memoirs and contribute by serving the public and nation in various capacities, such as ambassadors of goodwill and peace.
Despite several flaws, such as compromises associated with slavery, our Constitution is one of the greatest documents ever created—but definitely not perfect. Not only must we protect and defend it, but we must also update and improve it. It has been too imperfect for too long.
