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Clarifications from Debate

from your friendly neighborhood webmaster

If you have any remaining questions, you can join our Discord group or shoot me an email. We'd love to help!

• Judicial System
  • As it so happens, I wrote my final paper on Wednesday for Law & Politics on judicial term limits. The article referenced on how the Supreme Court would flip-flop, overturning precedent every few years is not only cleanly rebutted by several studies and Chief Justice Roberts. Further, the flip-flopping argument is not even remotely applicable under this proposed Judicial system:
  • The Judicial system proposed nominates Supreme Court Justices non-partisanly. Judges from appellate courts may create a list of names, and district judges rank the ability of proposed candidates. The names of the top three rated judges are then sent to the Senate, who must pick one of the three.
  • This also eliminates another problem that the Anti-Federalists brought up: that nominees for the Supreme Court under our current system tend to favor the will of the President instead of the truth of the Law, in order to improve their odds of appointment. In fact, this very argument works in our favor. Judges who are nominated must be well-favored by the rest of the judiciary: they must vote for the truth of the law, not in any one person's favor.
• Election Cycles & System
  • The Senate is purpose-built to be a more deliberative body, and the House to be more imaginative.
    • As a part of making the Senate more deliberative, they no longer have any part in originating legislation. They can still amend and reject bills as before, but they no longer have any ego in the text that they wrote. US intelligence officers are forbidden from making policy to prevent effort-justification bias. This bias is removed from the Senate. It also will have copious time to debate any bill because of its smaller size and inability to originate.
    • Instead of the previous requirements for a Representative (25 years old, 7 years a citizen), we stripped it down to just needing to be 18 years old. While that may prompt fears of lacking maturity, the House's purpose under this new Constitution is to be imaginative – a skill that 18-year-olds certainly do not lack.
  • The system is also built to be stable, and maintain checks and balances between the branches.
    • Only half of the seats in either house go up for election at any time. This increases stability in both houses, which is especially necessary in the House, which now originates all bills.
    • House elections will occur 1 and 3 years into a president's term. The president knows exactly what the House will look like upon taking power, and the intervening elections act as checks on the president's power and agenda.
    • Senate elections will occur at the same time as Presidential elections. This increases voter turnout for a house that does not originate bills, and increases odds that they will cooperate with the President - something essential because of their ability to overturn Executive Orders.
  • Getting informed is easier, and so is voting.
    • Under Ranked Choice Voting, there are inevitably more candidates. However, smear campaigns simply do not work. You cannot simply say "vote for me, because I'm not the other guy," because I might still vote for one of the other candidates. Each candidate must instead advertise their true positions in persuasive and meaningful ways. So, yes - there are more candidates. But each one will do their best to inform you what sets them apart.
    • While more elections occur overall, you only vote twice in any four-year election cycle.
      View 8-year election table for each constituency

      Each district in the House and Senate will be placed in one of two groups, so that half are elected at any one time. We'll label the groups House 1 and House 2, and Senate 1 and Senate 2.

      Year	0	1	2	3		4	5	6	7
      Constituency	Pres, S1	H1		H2	Summary	Pres, S2	H1		H2	Summary
      H1, S1	Pres, S1	H1			2 Elections	Pres	H1			2 Elections
      H1, S2	Pres	H1			2 Elections	Pres, S2	H1			2 Elections
      H2, S1	Pres, S1			H2	2 Elections	Pres			H2	2 Elections
      H2, S2	Pres			H2	2 Elections	Pres, S2			H2	2 Elections

  • Multi-Member Districts (MMD) did not get the love they needed.
    • CGP Grey has a great video explaining MMD
    • And Wikipedia has well-written examples and explanations

      "Single transferable vote (STV) is a multi-winner electoral system in which voters cast a single vote in the form of a ranked-choice ballot. Voters have the option to rank candidates, and their vote may be transferred according to alternate preferences if their preferred candidate is eliminated, so that their vote is used to elect someone they prefer over others in the running. STV aims to approach proportional representation based on votes cast in the district where it is used, so that each vote is worth about the same as another."
    • Every state has one MMD with 3 Senators.
    • Every state has at least one MMD with 2 to 6 Representatives. The number of seats in the district and the state as a whole will be proportional to the population of the district, with a minimum of 2 Representatives.
• Federal Elections Committee (FEC)
  • The FEC does not do all of the micromanagement that the Anti-Federalists alleged.
  • The actual wording:
    • Congress shall establish a Federal Elections Commission (FEC) to ensure the integrity and free access to elections, and encourage participation and confidence in the democratic process. Congress shall work cohesively with the FEC.
    • FEC will be led by seven commissioners, no more than three commissioners may be from the same political party. Commissioners are appointed by the President and confirmed by the Senate.
    • The FEC will have the power to limit donations and to match donations with the goal to ensure free, fair, and beneficial elections. These guidelines can be changed with a vote from 5 of the commissioners.
    • All candidates must disclose all large political donations and no Political Action Committee (PAC) nor any other organization may be used to circumvent these rules. The FEC will decide what constitutes a large or small donation.
    • The FEC will have the power to reject districts drawn for federal elections if such boundaries are not conducive to free and fair elections with a vote from 5 of the commissioners.
    • Members of the FEC may be impeached by Congress.

Summary

Changes to our current Constitution:

• Expand the House of Representatives to allow greater participation and more representation. They will be elected to four-year terms in multi-member districts. This will make the United States a multiparty system instead of a two party system.
• The House of Representatives originates bills which allows for committees to focus on creating bills. The Senate passes Bills which allows the Senate more deliberation time. If the Senate does not pass the bill, it can revise the bill. Then it goes back to the House for revision and passage.
• The filibuster is gone, allowing the Senate to function as necessary.
• Ranked choice voting will occur for the House, Senate, and President. Ranked Choice Voting allows people who vote to rank their preferred candidates. This will allow for more than a two party system and give moderate people a voice.
• The electoral college is gone. The President will be elected by popular vote.
• Expansion of Bill of Rights to include things like a right to freedom of expression, a right to vote, equality before the law and other rights deemed essential by the UN Declaration of Human Rights. We kept the rights from the original constitution.
• Election Day will be a national holiday!
• To ensure that the President cannot create unnecessary legislation out of his jurisdiction, the Senate can overturn an executive order by a 40% vote. However, the Senate has a deadline of 30 days.
• Senators cannot change their own pay. Pay changes occur when a different candidate replaces the senator.
• Territories of the United States have the option to join the Union, stay a territory, or leave the Union. Territories will have representation.
• A Federal Elections Committee shall have the power to limit or control campaign financing to ensure free, fair, and beneficial elections. They will also have the power to reject districts drawn for federal elections if such boundaries are not conducive to free and fair elections. This will prevent gerrymandering by any party.
• Every 50 years, a constitutional convention shall be called and states have the option to revise the constitution.
• There will be a 13-member Supreme Court appointed to single 13-year terms. Its design is intended to lower the partisan temperature that inflames all things judicial now.

*Note: Everything else has been copied and pasted from the original constitution. Much of the governmental structure will stay the same as well as the powers, separation of power, checks, and functions will stay the same. The points above are just some additions added to rectify problems that have arisen because of people trying to subvert the function of government. The new constitution will create more fair and free elections (no gerrymandering and electoral college), lead to a government that functions better than it does now, and a government that protects your rights, but keeps much of our current structure the same.