18 Jan 2000 To: ALL Defenders of Democracy From: [EMAIL PROTECTED] RE: Proposed Revised U.S.A. Constitution The U.S.A. 1787 Constitution has the following fatal anti-democratic features-- 1. The minority rule gerrymanders for electing the House of Representatives, the Senate and the President and Vice President--- A. 28.74 percent of the voters elected 218 of the 435 Representatives with the lowest votes in the 1998 election; B. 11.09 percent of the voters elected 51 of the 100 Senators with the lowest votes in the 1994-1996-1998 elections; and C. 25.20 percent of the voters defacto elected the President in the 1996 election (in 25 States and D.C. with 270 of 538 electoral votes in the so-called "Electoral College"). 2. A. The partisan nomination and election of the President and Vice President (creating ultra-dangerous presidential/ monarchial partisan cults). B. The failure to have more elective executive branch officers (to watch each other for criminal and/or civil violations of the Constitution, laws and treaties). 3. The failure to have elected judges (with the continuous gridlock in the current President-Senate appointment system, especially the crisis each time there is a vacancy on the Supreme Court). 4. The failure to have voter petitions for constitutional amendments, laws, referendums on laws and recalls. 5. The veto of the President (with the continuous gridlock in putting limits on the executive branch- especially its foreign interventions which may produce World War III). Some remedies-- A. 1. The use of a proportional representation method (indirect majority rule and minority representation) in electing the Congress. 2. Abolish the anti-democratic Senate (which should have been abolished as a result of the 1861-1865 Civil War). 3. Abolish the Electoral College (see B below). B . Direct nonpartisan nomination and election of the President and Vice President, Secretary of State, Attorney General, Treasurer, Marshals and District Attorneys. C. Direct nonpartisan nomination and election of all judges. D. Having voter petitions for constitutional amendments, laws, referendums on laws and recalls. E. Abolish the veto (to increase separation of powers by making the proportional representation majority rule Congress directly responsible for the laws). Proposed revised U.S.A. Constitution--- Major reforms- (1) Voter petitions for constitutional amendments, laws, referendums and recalls, (2) Proportional representation (multi-member districts, majority rule and minority representation) in a 1 house Congress, (3) direct nonpartisan nomination and election of the President and Vice President, Attorney General, Secretary of State, Treasurer, Marshals, District Attorneys and all Judges. Abolish the Senate, the veto, primaries and special elections to fill vacancies. Variable items in [brackets]. ----- 2000 United States of America Constitution We the people of the United States of America., in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. Article 1 Elections Sec. 1. An Election of the United States of America (hereafter “U.S.A.”) shall be held between [7] A.M. and [8] P.M. (local time) on [the first Tuesday after the first Monday in November] of each [even numbered] Year. Sec. 2. (a) Each U.S.A. Citizen who is or will be at least 18 years old as of the date of an U.S.A. Election and has registered in his or her Precinct of residence at least [28] days before an Election shall be an U.S.A. Elector (herein Elector) and qualified to vote by Secret Ballot in person or by Absentee Ballot in any U.S.A. Election in such Precinct (except those lawfully convicted and imprisoned in jail). (b) Electors not having a U.S.A. residence shall be registered in the seat of the U.S.A. government. Sec. 3. (a) The words "Election Voters" shall mean the number of Electors voting at the last preceding election for the Congress. (b) If a new area becomes a part of the U.S.A., then the "Election Voters" in such area shall be the number of registered Electors in the area [56] days after the area becomes a part of the U.S.A. (c) Any type of petition shall be verified within [35] days after being filed. Sec. 4. (a) The Electors may propose constitutional amendments, laws or referendums on laws enacted by the Congress by petitions which shall be signed respectively by Electors equal in number to at least [10], [8] or [5] percent of the Election Voters. (b) The full text of a proposal shall be filed and be given a number before the petition is circulated. (c) A petition form shall be [on 3 inch by 5 inch cards], as follows: (CONSTITUTIONAL AMENDMENT) (LAW) (REFERENDUM) PETITION- I have read the full text of Proposal (number) and I petition for it. (Date, Signature, Name and Address of Elector). (d) A constitutional amendment or law petition shall be signed within [2 years] before being filed. (e) A referendum petition shall be signed and filed within [91] days after the law is enacted. (f) The full text of a valid petition shall be submitted, at least [119] days after being filed, to the Electors at the next Election. (g) The Congress may by a [two thirds] vote propose a constitutional amendment. (h) The Congress may by a majority vote propose a law that requires Elector approval before it takes effect. (i) The full text of each proposal shall be submitted, at least [210] days after being filed, to the Electors at the next Election. (j) If a majority of the Electors voting on a proposal approve it, then it shall take effect [at noon 21] days after the election. (k) If 2 or more amendments (or laws) at the same election are approved and conflict, then the amendment (or law) receiving the highest affirmative vote shall prevail. (l) A law approved by the Electors may only be amended or repealed by the Electors but the Congress may propose to amend or repeal the law. Sec. 5. (a) The U.S.A. shall be divided into [at least] [87] Representative districts, 1 or more District Court districts and 1 or more Appeals Court districts (having 1 or more District Court districts). (b) Each district shall consist of 1 or more States or part of 1 State. (c) For purposes of this section, each part of the U.S.A. not within a State shall be deemed a State. (d) All election areas shall exist at least [252] days before the Election involved and shall be contiguous, as nearly as possible. Sec. 6. (a) Each person holding an elective office shall be an Elector within the electoral area of the office. (b) No law shall have the effect of removing any person holding an elective office from office during his or her term. (c) Representatives shall be nominated and elected at partisan-independent Elections in each even numbered year by the Electors of the several Representative districts. (d) The following executive and judicial Officers shall be nominated and elected at nonpartisan Elections- a President and Vice President (jointly), an Attorney General, a Secretary of State and a Treasurer in the U.S.A., [1 to 5] Marshals and [1 to 5] District Attorneys in each District Court district and other executive Officers provided by law (all for 4 year Terms in 2000 and each fourth Year thereafter) and [3] Supreme Court Judges in the U.S.A. for 6 year terms, [1 to 5] Appeals Court Judges in each Appeals Court district for 2, 4 or 6 year terms and [1 to 5] District Court Judges in each District Court district for 2, 4 or 6 year terms (all in even numbered Years). (e) If a vacancy occurs in an elective executive or judicial office [203] or more days before an Election which is not the regular Election for the office, then the vacancy shall be filled at the Election for the remaining term of office. Sec. 7. (a) The names of nonincumbent Candidates shall be placed on the Election ballots by a nominating Petition which shall be signed and filed between [252] and [84] days, inclusive, before the Election by a number of Electors equal to between [0.25] and [1] percent of the Election Voters in the electoral Area of the Office divided by the number of Persons to be elected to the office and may not be withdrawn. (b) A petition form shall be [on 3 inch by 5 inch cards], as follows: NOMINATING PETITION- I nominate (Name and Address of candidate) for (name of office) in (electoral area of office) at the (date) election. (Date, Signature, Name and Address of Elector). (c) An incumbent seeking another term in the same office may file an affidavit of candidacy at least [182] days before the election and may not be withdrawn. (d) Each Candidate may have a [0.4 inch by 0.4 inch] symbol of their choice shown next to their Names on the Ballots. (e) Partisan candidates shall have their political party's name (of not more than [15] letters) shown next to their names on the ballots and independent candidates shall have the word "Independent" shown next to their names on the ballots. Sec. 8. (a) An Elector may vote for 1 or more Representative candidates on the Ballots in a district (plus not more than [2] write-in votes) by voting for his or her first, second, third and so forth choices (by voting “1”, “2”, “3” and so forth). (b) If there are more than [5] candidates (or remaining candidates) in the district, then the candidate having the lowest number of votes shall be a losing candidate. (c) Each vote for a losing candidate shall be transferred to the Elector's next choice (if any) who is a remaining candidate in the district. (d) The 2 prior steps shall be repeated until there are [5] remaining candidates in the district who shall be elected. (e) A lottery shall be held if tie votes occur in any step. (f) Each Representative (or his or her replacement) shall have a voting power in the Congress and its committees, in person or by written proxy, equal to the votes that the Member finally receives in the Election. (g) Example- C = Candidates Voting Power C1 22 = 22 = 23 C2 20 = 20 + 6 = 26 C3 15 = 15 + 3 = 18 C4 12 + 5 = 17 = 17 C5 12 + 1 = 13 -13 = 0 C6 11 + 3 = 14 + 2 = 16 C7 9 - 9 = 0 = 0 VNT 0 = 0 + 1 = 1 100 100 100 C7 Loses C5 Loses VNT= Votes not transferred Sec. 9. (a) An Elector may vote for 1 or more Candidates for executive and judicial Offices on the Ballots (plus not more than [2] write-in votes for each position). (b) The Candidate(s) receiving the highest number of Votes shall be elected. (c) A Lottery shall be held if tie Votes occur. Sec. 10. The terms of office of all elective officers shall begin [at noon 7] days after the Election involved. Sec. 11. (a) A recall election for the Congress (or any elected or appointed executive or judicial officer) may be proposed by a petition signed by a number of Electors in the U.S.A. (or electoral or appointive area of the officer) exceeding [25] percent of the Election Voters in the area involved. (b) A petition shall be signed within [91] days before being filed and during the term(s) of office involved [and may contain 1 or more reasons for the recall which shall not be reviewed]. (c) A petition form shall be [on 3 inch by 5 inch cards], as follows: RECALL PETITION- I petition for the recall of (the Congress or name and office of officer) in (the U.S.A. or the electoral or appointive area of the officer) [(for the following reason(s): (reason(s))] (Date, Signature, Name and Address of Elector). (d) A recall election shall be held between [49] and [63] days after a valid petition is filed if the term(s) of office continue beyond the recall election date [and if the cost of verifying the petition and holding the recall election is paid for by its sponsor(s) when the petition is filed]. (e) If a majority of the Electors voting on a recall approve it, then the Congress or officer shall be removed from office immediately. (f) Any recalled person may be elected again. The rest is mainly the same text as the 1787 Constitution.