My 28th Amendment

 

            Arguments about whether the United States is a republic or a democracy notwithstanding, it is hard to argue against the intent at its founding to make it a government of the people. This country was not to be governed by a king or queen, but by representatives of the people from all over, with the famous checks and balances of the three branches of the government to make sure the will of the people (true, this originally was only land-holding white men) was foremost while also protecting the rights of all, especially those in the minority.

 

            What has arisen over the years is a nearly unidentifiable morass, poisoned by money and authoritarian personalities and their followers, where discrimination still is widespread, waste is beyond conception, and little progress is made, and what does get accomplished is under constant threat of destruction. Clearly the system is broken; it is currently only held together by the rule of law and a free press while under the extreme stress of the current administration.

 

            What needs to happen? First and foremost, money needs to be taken out of politics, and because money is currently held to be equivalent to speech by our court system, that will take a constitutional amendment to accomplish. So, what should that amendment say?

 

1.     All federal elections: Congress, Senate, President, will be federally funded. No outside money of any kind, even from the candidate’s own pocket, or his family’s, can be used except in order to qualify initially to run for office. The funding for qualification must be disclosed fully.

2.     Every candidate must qualify by having an independent mental health evaluation that will be made public; by submitting a reasonable amount of signatures attesting to his or her fitness and qualifications for office; by submitting to an independent background check that will also be made public; by submitting the last 7 years of their tax returns that will also be made public; any potential conflicts of interest must be exposed in detail. Any false information supplied would result in immediate forfeiture of the campaign and repayment of funds received and/or the removal from elected office if the candidate won (the runner up would immediately take over). Party affiliation is not necessary in order to qualify for funding or to be put on a ballot.

3.     Each campaign will be limited to 8 weeks prior to voting (candidates may put in the qualifying work at any time before the cut off date). All primaries will be held within the same 2 weeks time period, with 8 weeks of campaigning allowed before that. Party conventions would then be 1 month after that, and then 8 more weeks of campaigning before election day. This way, the price of the elections will be controlled and the public will not be as tormented by the campaigns.

4.     Outside agencies, such as corporations, unions, media outlets, and private individuals may endorse candidates publicly, but they may not pay for advertisements or campaign materials of any type. Endorsements may be mentioned in advertising and campaign materials.

5.     Terms of service will be limited to 3 4 year terms (so there are less elections overall to be paid for) for Congress and 2 6 year terms for Senators. Those running for reelection must still submit to the mental health evaluation and the background checks, etc. Any retirement benefits would last only the duration of the service (12 years for 12 years). Job benefits would be the same for all federal employees.

6.     Lobbying, and its equivalent, is limited to meetings with elected officers and information exchange. No money or gifts may be exchanged. No travel may be provided.

7.     Polling places must be accessible and available to all registered voters, but early voting by mail or, if suitable security measures can be in place, electronically, should be ENCOURAGED whenever possible. Failure to vote will result in a suitable fine, which would be used as part of the funding for the next elections.

8.     There will be an independent elections committee formed of 3 qualified non-partisan and/or independent board members appointed every 6 years by 2/3 majority of senators, and staffed by federal employees they hire that will be fully funded at all times (budget not in the control of congress or the president) in order to monitor elections, monitor funding, and monitor behavior in office. It will have the power to revoke office in cases of illegal behavior, abuse of power, sexual harassment, etc.. They will set up the pay scale, and keep it at a suitable level to attract qualified candidates and avoid as much as possible the temptations to illegally augment pay. They will also monitor district borders and local and state voting requirements and have the ability to punish any behaviors that suppress the right to vote or any fraud.

9.     The Electoral College is abolished in the Presidential election. The nationwide popular vote is the only measure of meaning and winning. The largest number of votes, no matter how many participants, wins. A majority is not required.

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