What If We Could Rewrite the Constitution?

By Rich Kozlovich

Culture is a universally accepted set of foundational beliefs and perceptions that lead to the formation of a society, presumably, and hopefully, a stable society.  We now have an issue with what's universally accepted.  So, what if we could re-write the Constitution?   There's a lot of talk about an Article V Convention to fix all the issues confounding America today.   Well, that's interesting because we no longer have a universally accepted cultural foundation.   Also, we don't really know what would happen if such a convention was convened.  

While I've read conflicting opinions, I'm convinced once the states decide the Constitution needs serious adjustment via an Article V Convention, that Convention can go pretty much where it pleases.  Just because it may start out with just wanting a balanced budget, there's nothing from preventing them from going way beyond that. 

Since there's absolutely no outline, rules, nor restrictions in the Constitution for what an Article V Convention may do, but the clear intent of the Founding Fathers was neither the Congress, the President of the United States or the courts can interfere, simply by not saying they could interfere, or make rules up to control the Convention.

But what would everyone want in a new Constitution?  It's hard to say, but make no mistake, without conservatives taking strong stands, the left would go full Marxist.  But here's what I think should done instead.  

For years I’ve been saying we need a 28th Amendment to fix the biggest mistake the Founding Fathers made. Lifetime appointments to the federal judiciary.

Of course, at that time the only federal court was the Supreme Court of the U.S., but that’s changed dramatically over the years. Now there are 94 district courts, 13 circuit courts, and one Supreme Court, and each and every one of them is shot full of not very bright, incompetent political hacks, including SCOTUS, the only Constitutionally mandated federal court. All the rest are creations of the Congress, and any one of them can be eliminated by Congress, which Congress did in the 19th century.   Believe it or not, the Constitution gives the Congress the authority to determine the jurisdiction of the federal judiciary, not federal jurists, nor SCOTUS.   But since Congress refuses to put the federal judiciary in their place, it's my view has been there needs to be a 28th Amendment creating term and age limits for the federal judiciary, and done so in this manner:

There are three levels of the federal judiciary:  The District level, the Appeals level and the Supreme Court. Each level should have a ten year limit with a review after five years requiring a majority approval by the Senate.  At each level each nominee would have to go through the same process, even if nominated to a higher court before they finish their term in a lower court. If their term runs out and they’re not nominated to a higher court they may be nominated at some point in the future.  No jurist can return to a lower court if their term runs its course at a higher level, and no jurist can ever be appointed to a court if their nomination to any court has ever been rejected by the Senate.  No jurist may serve after the age of seventy.  Make 9 Justices a Constitutionally fixed number to avoid the kind of court packing FDR attempted to do, and Joe Biden and the Democrats are attempting to do now.

But as time has gone by I realized that wasn't nearly enough to fix the nation.  You know those commercials that spout, "But wait.  There's more!"  Well, I decided what's needed is "a lot more" in an all "New and Improved" 28th Amendment.  An all new and improved omnibus Amendment addressing a host of Constitutional issues in order to fix the nation.  I've added sixteen sections to this amendment.

1. My new and improved 28th Amendment shall not only fix the judiciary with term and age limits, and fix the number of SCOTUS members at nine, it should also include term limits for all federally elected officials.  Three two year terms for the House of Representatives.  Repeal the 17th Amendment, and give Senators one six term. The Founding Fathers created the House to represent the public, and the Senate to represent the states.  Senators were appointed by the states to be de facto ambassadors to the central government in order to prevent what we're seeing right now.  A federal government out of control.  
2. All federally elected officials may be recalled by their states.  The House members by public vote by whatever margin the states may choose, and Senators by agreement between their state legislatures and their governors.  
   
3. Repeal the 16th Amendment.  End income tax.  
4. Eliminate the FED and return the nation's financial responsibilities over the Legislative and Executive branches, in order to make them accountable.
5. Repeal the 26th Amendment that gave 18 year olds the right to vote in federal elections, and raise the voting age to 30.  The right to vote should be earned, and that can only be done with time, including serving in the military.  By age 30 people's brains start to work properly.
   
6. Create sunset mandates that cover all laws, regulations, taxes, and government agencies.  And these sunset clauses should include all departments of the federal government except State, Treasury, Justice, Interior, and Defense.  
7. Congress shall define in the clearest possible terms the five permanent departments must recognize the Constitution is the law governing government, or face charges of treason, or sedition.
8. Every budget the House of Representatives and the Senate send to the President must be balanced, and the Congress must present a yearly budget to the President, by a specified date.  If they fail to do so, they will cease being paid until they do, and it's approved.
   
9. Retire the national debt, with a hard debt limit.  A debt limit which can only be overturned by approval of four fifths of each of the houses of Congress and the President of the United States.
10. These five departments should be eliminated entirely:  the Department of Commerce, Housing and Urban Development, Education, Energy, and Labor.  All others can be folded into the five permanent departments, or preferably become agencies, bureaus, etc, all with sunset reviews.    
    
11. Make all federally elected officials, and their staffs, employees of their state governments ending their federal employee status.   The states shall determine the size of their staff, provide office space, and fund the employment benefits for all.  All federal retirement funds for these personnel shall be sent to the states for appropriate distribution.  Security shall be provided by the Federal government.  
12. Strengthen the First Amendment.
13. Strengthen the Second Amendment preventing local or state authorities from passing gun laws without the approval of Congress and the President of the United States. 
14. Washington D.C. is a city that shall be totally governed by the federal government, and cannot have representatives in the Congress.  
    
15. No state may change the Electoral College system requiring all their electoral votes go to the popular vote winner.  
16. Strengthen immigration restrictions, stating, immigration into America is not a right.

And that's the way I see it.