[EM] Proposed Revised U.S.A. Constitution, 18 Jan 2000

[DEMOREP1 at aol.com]

18 Jan 2000
To: ALL Defenders of Democracy
From: Demorep1 at aol.com
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.