What Would You Change About The Us Constitution
We last amended the Constitution a generation ago.
So much has changed since and so.
The viral-like spread of the Internet was ii years away. Pagers were even so gaining in popularity. Arugula was rare in grocery store aisles.
The economy was starting to recover from a recession, gliding its way into a tech blast. We had a mix of conviction and healthy skepticism in our regime, after having crushed Saddam Hussein's Iraq in war. At the southern tip of Manhattan, the Earth Trade Center towers stood as two exclamation points on a magnificent skyline.
The 27th Amendment passed back in 1992 now seems like a historical footnote, rather than a prophetic statement of values. It stopped Congress from hiking its salaries mid-session, a symbolic act that did fiddling to ameliorate the public's opinion of Capitol Hill.
For the July fourth holiday, The Fiscal Times reached out to leading experts, lawmakers and academics with a simple question: How would you better the Constitution?
Their answers, edited for infinite, are below:
IMMIGRANTS Can BE PRESIDENT
It bothers me that our Constitution excludes from the presidency all Americans who lack a U.S. denizen parent, the so-called "natural born citizen" clause.
I'd like to change Section 1, Article 2 to simply read, "No person except a denizen of the United states shall be eligible for the office of President." Recollect of all the remarkable Americans who accept held high public office merely have been constitutionally barred from seeking the presidency, such as Madeleine Albright (born in Czechoslovakia), Elaine Chao (Taiwan), Jennifer Granholm (Canada), and Arnold Schwarzenegger (Austria).
– Stephen H. Hess , presidential scholar and senior swain emeritus, Brookings Institution
REMIND D.C.: STATES ARE IN Charge
If I were able to meliorate the Constitution by a wave of a wand, I'd try to notice some way to make the 10th Subpoena more than effective.
The rights of states have gradually been so eroded that it'southward creating a congestion of taxes and regulations and newspaper work. I would similar to accept a 10th Amendment on steroids – which would somehow cause our country and our jurisprudence to recall our federal structure, and realize that the fundamental regime is limited and that powers are reserved to the states.
For instance, the Marketplace Fairness Act that we only passed in the Senate was all almost whether Washington will allow states to prepare their own revenue enhancement policy. That shouldn't even be an upshot in my opinion nether the 10th Amendment.
– Sen. Lamar Alexander (R-TN)
GUARANTEE A FEDERAL Right TO VOTE (We DON'T HAVE ONE)
Americans often talk well-nigh their "correct" to vote. The reality – noted in cases like Bush five. Gore – is that no affirmative federal right to vote exists. Instead, courts often defer to land-based voting laws and assistants. Although Americans vote for one president, one U.S. representative, and usually 1 U.Due south. senator, every one of the greater than 3,000 counties in the U.s.a. tin administer federal elections in a unique (and often inefficient) way.
While it wouldn't be an instant cure-all, a constitutional subpoena conferring a correct to vote and empowering Congress to enforce that right would provide voters with heightened legal protections and set the stage for standards that heighten the voting experience for all Americans, regardless of where they live.
– Joshua Field , deputy managing director, Legal Progress at the Centre for American Progress
BALANCE THE BUDGET
I would similar to see an amendment requiring a balanced "principal" budget, which means that the price of servicing the national debt would be excluded.
It should contain a provision that Congress must reduce spending proportionately across areas of the federal budget and that tax increases must maintain the nowadays progressivity of the tax code, phased in inside ten years of the amendment'due south passage.
Without a ramble mandate, politicians and other citizens but volition non have the will to make the changes necessary to address our looming fiscal crunch.
– Steve Bell , senior director at the Bipartisan Policy Centre
NO LIFETIME JOBS FOR SUPREME Courtroom JUSTICES
If I could amend the Constitution, I would add together a provision ending lifetime tenure for federal courts, especially the Supreme Court. I would replace it with a long, nonrenewable term of no more than twenty years. Furthermore, I believe the Chief Justice should not hold this position for life, but for a four-year term that would exist renewable.
This reform would reduce the intensity of contend on courtroom nominations because the stakes wouldn't be and then high; it would reduce pressure to appoint young judges who will spend the maximum amount of time on the court; it would reduce pressure on federal judges to avert retirement lest a member of the opposite party appoint their replacement; and it would bring fresh blood and thinking into the judicial organisation.
A June vii, 2012 CBS News/New York Times poll found 60 per centum of people agreeing that lifetime appointments gives judges too much ability versus 33 pct who said it is a good thing because information technology makes judges independent.
– Bruce Bartlett , one-time deputy assistant Treasury secretarial assistant for economic policy; columnist for The Financial Times
DON'T CHANGE A Matter
Several major bourgeois thinkers suggested that the Constitution does not need to be inverse, but rather to accept its principle of limited government guide both Congress and the president.
Michael Cannon at the Cato Institute noted that the Fourth Subpoena protects against warrantless searches, "yet the National Security Bureau tracks everybody with Congress' tacit if not explicit consent."
Instead of an amendment, Tom Miller of the American Enterprise Plant said the Constitution needs "a better glossary to define and restrain the many open-ended words and phrases in the Constitution's actual text that provide wide latitude for judicial reinterpretation and expansion far beyond their original meaning."
Here is the rationale from Matt Kibbe , president and CEO of FreedomWorks:
The Constitution and the Beak of Rights don't need whatever additions or changes – they just need to be applied consistently throughout government in order to actually piece of work. The responsibility lies with "We the People" to hold our elected officials answerable to defending those rights at every turn.
A truly constitutionally-limited regime would not exist about $17 trillion in debt because there would be no unconstitutional bailouts, health intendance takeovers or farm subsidies. Free energy plants would not be closing their doors, because pollution would be managed through private property rights and not arbitrary regulations.
The IRS would not have the discretionary ability required to discriminate against Americans based on their political behavior, and innocent civilians would be protected from unreasonable searches and seizures by Homeland Security and the NSA.
The Federal Reserve would not cheapen the dollar, considering the Fed wouldn't be – there would exist no authorities-induced boom and bust. The president would not effect and so many executive orders, because only Congress would have the ability to legislate.
NO PRESIDENTIAL TERM LIMITS
The essence of the American Constitution was the creation of a document of non governance. It says what authorities cannot do – non what it can exercise. The government cannot regulate spoken language, association, organized religion, press, and gun ownership.\
The 22nd Amendment does regulate what the people can practise, namely elect a president as oftentimes every bit they similar. It was passed past Republicans as soon every bit they could, non wanting to put upwardly with another FDR. Of course, information technology backfired as ill-considered things often do, every bit they could non elect Ike or Reagan to a 3rd term.
As long as representatives can exist elected and re-elected with impunity, then so, also, should presidents.
– Craig Shirley , historian and Ronald Reagan biographer
WORST-CASE-SCENARIO CONGRESS
I hate amending the Constitution as a full general matter.
But we take no program in place to get the Business firm of Representatives and Senate up and running quickly if at that place is a terrorist attack that kills or disables enough people that you autumn below a quorum. The simply effective way to deal with this is to have a constitutional amendment that would enable emergency acting appointments.
– Norman Ornstein , resident scholar at the American Enterprise Institute
MAKE PUBLIC SERVICE MANDATORY
I'd propose a Universal National Service amendment – a constitutional requirement that all able-bodied Americans ages eighteen to 26 devote at to the lowest degree two years to the service of their nation. They could select a service activity from among a wide multifariousness of U.S. military branches, civilian government (national, state, and local), and qualifying not-profit options. The details are in my book, A More than Perfect Constitution.
In essence, it would be a Bill of Responsibilities to accompany the Bill of Rights. Everyone should contribute something of themselves, non just taxes, to the nation that has long been a beacon of promise and the envy of the world.
– Larry Sabato , University of Virginia political scientist
PUBLIC FINANCING FOR CAMPAIGNS
To get elected and to stay elected, politicians now take to spend much of their time raising coin and, thereby, becoming appreciative to donors. The current system is, by its very nature, corrupt and those who campaign are about inescapably corrupted.
The amendment should qualify Congress to regulate and finance primary and general elections for the presidency, the Firm, and the Senate. It should require that all individual contributors exist listed by name within a affair of days. The wording should allow direct funding for campaigns, public funds to lucifer private contributions, caps on total entrada spending, confined on campaign spending past outside groups.
– Henry Aaron , senior fellow at the Brookings Institution
Brianna Ehley, David Francis, Maureen Mackey and Eric Pianin of The Fiscal Times contributed reporting.
Source: https://www.thefiscaltimes.com/Articles/2013/07/03/9-Changes-to-the-Constitution-How-Would-You-Change-It
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