Wednesday, January 12, 2011

Constitutional Amendments That are Needed.

Not all of the Balanced Budget Amendment was bad.  One part of it is needed.  It is the part that would make unfunded federal mandates to the states unconstitutional.  It reads as follows:

The Congress may not require that the states engage in activities without compensation equal to the costs.

That one sentence should be simple enough.

The second one is a line-item veto amendment.  It will give the President authority to kill appropriations without vetoing the entire bill.  It would be similar to the 1997 Line Item Act that was declared unconstitutional.  It reads as follows:

Article 1
The President has the authority to veto any addendum to any bill sent for approval by Congress, whether or not a financial appropriation is involved, that is outside the scope and intent of the overall bill approved by congress without vetoing the entire bill. 

Article 2
Congress may approve the vetoed portion as it's own bill by a two-thirds majority.

In simple language, the President may veto earmarks and congress will need a 2/3 majority to override the veto.

Naturalized Citizen Amendment.  Something that Hatch and I agree on.  Actually, there are more things we agree about than disagree.  The most prominent thing that we disagree upon is the need for him to run again.  But I digress.  This bill will allow a naturalized citizen to run for President.

A person who is a citizen of the United States, who has been for 20 years a citizen of the United States, and who is otherwise eligible to the Office of President, is not ineligible to that Office by reason of not being a native born citizen of the United States.

I do agree with term limits, but I do not support the repeal of the 17th amendment.  With term limits, the states need to have the right to allow someone to serve longer if they feel that is warranted.   The effect of the 17th amendment, which provides for the direct election of US Senators, is probably overestimated by both those who want to repeal it and those who support it.  I have a compromise that is part of term limits.

Article 1
No person may be elected to the the United States House of Representatives more than nine times nor may a person be elected to the United State Senate more than three times unless approval is first grated by the legislature of the state which they represent.  (In Plain English: 18 years in the House, 18 years in the Senate unless your state says you can stay longer.)

Article 2
The State legislature may approve the candidacy of a person to serve beyond the limits of this amendment provided that that approval is granted before the deadlines prescribed by the laws of that state.  (If the state wants you to stay longer that 18 years in your office, they must say so by the normal election deadline.)

Article 3
A member of the US House of Representatives or the US Senate may be recalled and impeached by the state that person represents for treason, high crimes or other misdemeanors or violations of the respective laws of the state they represent.  That member of Congress may be removed from office by the vote of 2/3 of the entire legislature of that state.  (States can IMPEACH and REMOVE from OFFICE any member of the Senate or House provided they have committed a crime.  Most states have a bicameral legislature, but Nebraska has a unicameral legislate, thus the words entire legislature are used.)

Article 4
All members of the US Senate are of equal rank and all members of the US House of Representatives are of equal rank.  There is no seniority in the Congress of the United States based upon the length of time served in office except for the President Pro-Tem of the Senate.  (No more special favors for the more senior members of Congress.)

Article 5
A person must be a continuous resident of the state they represent for two years before serving in the Congress of the United States and otherwise be qualified to serve in Congress as specified by this Constitution.  (You must live in your state for 2 years before you can serve in Congress.)

Article 6
Any vacancy in Congress must be filled by special election of the people, or by a regular election held within 120 days that the vacancy occurs.  Vacancies in Congress can only be filled by such elections.  (No more special appointments governors/state legislatures to fill the remainder of someone's term should they leave office early.  There must be an election to fill these seats within four months.  If a regular election occurs within those four months, that will suffice.)

Article7
The amendment shall be effective with the first Congress elected two years after approval by three fourths of the states.  Articles one and two of this amendment will not apply to any member of congress elected to his or her current seat in Congress before that time.  (This will not apply to any person serving in Congress at the time this amendment is ratified.)