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CONSTITUTIONAL REFORM:  Proposals On How To Fix Issues with the Constitution

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CONSTITUTIONAL REFORM:  Proposals On How To Fix Issues with the Constitution

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Sanford Levinson, a law professor at the University of Texas and a constitutional scholar, proposes that the Electoral College be replaced with the popular vote. Levinson proposes an increase in the amount of seats in the Senate which would give more seats to the bigger states. Levinson proposes that the first three articles of the Constitution be rewritten to signify more clear provisions regarding each of the three branches of government – Legislative, Executive, and Judicial. Levinson proposes a limit on the current lifetime terms for the appointed Supreme Court justices.

Randy Barnett, a professor at Georgetown Law School in Washington and the author of Restoring the Lost Constitution, proposes limiting the  powers of Congress under the Commerce Clause of the Constitution which Barnett says would bring Congress’ powers more in line with the original meanings, or intentions, of the provisions in said clause. Barnett also proposes a new law that would allow states to repeal any law passed by Congress as long as the state legislatures have two-thirds of the states’ votes to do so.

Glenn Reynolds, a law professor at University of Tennessee and a conservative commentator, proposes a THIRD house of Congress whose sole purpose would be to repeal existing federal laws.

One proposal being pushed by representatives of the Tea Party and by other states’ rights advocates suggests the repeal of the 17th Amendment which would take away the power of the people to elect their states’ Senators and would give the power to the states’ delegates to elect the Senators who represent their states.

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EXPLAINING THE AMENDMENT PROCESS:  Artical V of the U.S. Constitution - 

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EXPLAINING THE AMENDMENT PROCESS:  Artical V of the U.S. Constitution - 

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Article V of the US Constitution (explaining the amendment process) Pic a

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RESPONSIBILITIES OF ALL THREE BRANCHES OF GOVERNMENT

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RESPONSIBILITIES OF ALL THREE BRANCHES OF GOVERNMENT

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RESPONSIBILITIES OF ALL THREE BRANCHES OF GOVERNMENT

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RESPONSIBILITIES OF ALL THREE BRANCHES OF GOVERNMENT

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Responsibilities of the Judicial Branch of Government Pic d

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RESPONSIBILITIES OF THE EXECUTIVE BRANCH

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RESPONSIBILITIES OF THE EXECUTIVE BRANCH

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RESPONSIBILITIES OF THE LEGISLATIVE BRANCH

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RESPONSIBILITIES OF THE LEGISLATIVE BRANCH

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Checks and balances in the U.S. government pertains to the way each of the three separate branches of government have been setup which gives each branch certain authorities and powers within itself and over the other branches in order to prevent any one branch from getting out of control, abusing its power, or exercising too much power over our government. Beyond just the setup of three separate powers, each branch has its own set powers that the other branches don’t have. Furthermore, checks and balances also blend some of the powers within each branch requiring each branch to oversee or approve certain actions of the others. This keeps each branch checked and in balanced. There are ways to override what one branch might try to stop, however there is a method to this and formal measures must be taken for this to happen. Checks and balances are about keeping the powers of each branch controlled.

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Checks and balances are within each branch of our government:

The President (Executive branch) either approves or vetoes legislation (Legislative branch). A veto is the President’s constitutional power to reject acts of Congress. Congress (Legislative branch), however, can override a President’s veto (Executive branch) with a two-thirds majority vote in both the House and the Senate.  Furthermore, even if the President (Executive branch) approves an act of Congress (Legislative branch), the Supreme Court (Judicial branch) can intervene and declare the law unconstitutional making it null and void. If this happens, Congress can amend their rejected laws to make them constitutional or acceptable in order to overturn Supreme Court judgements.

Congress has the power to impeach and remove the President, federal judges, and any other executive government officials.

The President (Executive branch) can make foreign treaties. However, the Senate (Legislative branch) can refuse to ratify those treaties and can also refuse to confirm or approve appointments made by the President (Executive branch).

The President (Executive branch) can grant pardons or reprieves to people convicted of federal crimes (Judicial branch), overturning or negating federal decisions.

The President acts as Commander-in-Chief over our military and nation. However, it is Congress who has the authority to formally declare war.

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First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The 1st Amendment talks about freedom of religion which is probably because before we became our own nation (the U.S.), when we were owned by the British, there was one religion that reigned overall and the Founding Fathers tried to prevent that from happening in our new nation. The 1st Amendment also allows us to express ourselves freely through freedom of speech and it allows us to protest freely so long as we assemble peacefully and non-violently. Furthermore, if any of these rights are denied, we have the right to request the government to correct the wrongs.

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Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

The 6th Amendment to me is one that is grossly manipulated in the US criminal justice system. It talks about the rights of a person who is accused of a crime. This amendment supposedly gives the accused the right to a speedy trial with an impartial jury (which usually doesn’t exist). It also says that the accused has the right to know what crimes or charges they are being accused of, it says the accused has the right to gather up his or her own witnesses, and the accused has the right to have an attorney (public pretender/defender)  to represent him or her in court if they cannot afford to hire an attorney of their own.