Blog Entry 300. The Amendments We Need. For Real.

It's taken some time for me to re-post, and a lot of it is due to a few factors - including job hunting - but above all the fact that this is my 300th post on this blog.

And for all the political ranting and raving I do here, I had a purpose for creating this blog in the first place: to promote Constitutional Amendment ideas in the hope that they can be discussed, ragged on, sniped, dismissed, and ultimately ignored by the blogosphere as a whole once the storm died down.

Heh.

So I spent some time thinking over "Well, okay, what are the top Amendment proposals I have that I really want Americans to promote in order to end government gridlock, media stupidity, wingnut madness, and create a Utopian nation that I'd considered hypocritical because I know that Utopias are a collective pipe dream?"

I decided my 300th post should be the Top Ten list of Amendment ideas that I really really REALLY think should get consideration from the Bottom on up to the Top.

I ended up with Twelve.  My bad.

And so, Copied/Pastied from my word processor, here is:

The Ten – Make That Eleven, Hold on Twelve – Amendments We Really Seriously Need To Save This Nation

One.

The President of the United States, and the people who serve at the pleasure of the President, are not above the law.

Members of Congress, and the people who serve Congress, are not above the law.

The Justices of the Supreme Court, and the people who serve in the Judiciary, are not above the law.

The system of checks and balances between the three branches of federal government shall be maintained at all times.

NOTE: This is my "Fuck You" to Richard Nixon and to anyone following his dark path by taking the Unitary Executive theory of allowing the President to do whatever the hell he/she wants.  But as I thought it over, I felt it constrained the President at the expense of the other two branches of government, so I included them as well.

Two.

Lying is not Protected Speech.

Any elected official, or person working for the federal government, found making false statements regarding laws, policies, government research, public polling, or historical facts will be suspended from duty pending investigation. If found that the person made any false statement while aware of the facts, that person will be removed from public service, and barred from all government employment and election.

NOTE: This is my "Fuck You" to every liar I've railed against on this blog.  If you follow the lies tag to this article, you might pull up the other times I've argued how lying in the political forum has poisoned our discourse and is hurting our nation's ability to get the wrong things made right again.  Breitbart Delendus Est.

Three.

Federal government shall regulate business and finance to ensure the protection of employees from unsafe or unhealthy workplaces, the protection of customers from fraud, and the protection of the nation's communities from large-scale accidents.

NOTE: Regulations exist for a reason: TO PROTECT PEOPLE.  This needs to get spelled out in the Constitution itself.

Four.

The power to wage war or any military action shall be held by the President as Commander-in-Chief. The power to call for war, to fund any war effort, and to oversee any military action shall be held by Congress.

If circumstance requires the President to act immediately on a military action outside of Congressional approval, the President is required to limit such military action to thirty days. The President must appear before a full session of both houses of Congress within three days of initiating the military action to explain to Congress what transpired, why action was needed, and if such action raises to the need for Congress to declare war.

After the required presentation before Congress, the President is required to inform the appropriate Senate committee of the military's assessment for action, and the short-term plans that the military has for carrying out successful operations within another three days. A long-term military plan including any occupation of foreign territory and oversight of any nation-building must be presented to that Senate committee within thirty days only if Congress does vote for war. Any objective that requires occupation and nation-building requires a declaration of war by Congress.

Congress has the right to vote for war which can be deemed ended once established objectives are achieved, or can vote to extend the military action for up to ninety days depending on the military situation. Congress cannot vote for military action extension more than twice: if action must continue Congress should vote for war or not.

The House of Representatives has the right to oversee expenditures committed during the military action or war effort to ensure there is no fraud, embezzlement or theft of funds.

The Senate has the right to oversee military conduct of the military action or war effort, and to receive regular updates from the President on the war's progress and ongoing military assessment.

Congress is require to raise funds through a war tax to pay for the military action or war effort as needed.

NOTE: We have a War Powers Act as law, but people have been noticing the past few wars - Afghanistan, Iraq, Libya - that the President hasn't completely asked Congress for full-out War, just military actions.  But this has led to horrendous and mismanaged occupations that include massive loss of funds and massive loss of civilian life.  Not to mention increased burdens on our military and our overall budget.  Obama's failures to fully keep Congress informed or show any sign of accountability over military action in Libya is troubling.  Every part of this amendment idea is to reinforce the checks and balances between the Executive and Legislative, to force Congress to take a more proactive role in the oversight of our war efforts.

Five.

The right of any person held by authorities of federal, state, or local jurisdiction to petition for a writ of habeas corpus will not be suspended under any circumstance, even in time of war.

Any person detained by the military can apply for prisoner of war status and receive legal protections as such, and be released from custody once Congress confirms the war has ended. A person not applicable for prisoner of war status must be tried fairly for any criminal acts that made that person a danger to the safety of our nation's citizenry within a court of law and within reasonable time.

The federal government has the right to retain a person they have basic evidence shows to be a clear danger to the safety of our nation's citizenry, until such time as can be proven in open court that person is no longer a threat or has served out the conditions of a prison sentence issued by the Judiciary.

NOTE: The abuses committed under the PATRIOT Act and committed with regards to prisoners taken during the War On Terror led to this amendment.  The century-old argument over who has the right to suspend habeas - President or Congress - should be answered by this amendment: None do.  This basic legal right is the basis for all legal protection for citizens.  Without habeas, any of us could be held without legal reason.  Abuse of rights would be rampant.  So habeas stays in effect, no matter what.

Six.

If the Senate refuses to advise and consent the President on Executive and Judicial nominations to serve the federal government, the President can fill ALL such vacancies however the President sees fit during that term of office.

NOTE: This is a "Fuck You" to EVERY Senator that has used a Secret Hold to obstruct any nomination before the Senate.  Because of this, half the Judicial system is void of judges, our courts are backlogged, and it's becoming enough of a crisis that even the Chief Justice - normally sitting above the fray - is crying out for it to end.  Not to mention the number of job vacancies at the Executive office that haven't been filled in the last three years!  This is getting out of control.  If a Senator doesn't like a nominee, the Senator can always vote NO.

Seven.

All professions of employment are required at the national level to create and oversee a code of ethics for professional behavior of those who work in said profession, and has the ability to decertify anyone in that profession who fails that code of ethics on a repeating basis.

NOTE: While there will be screams and protests that government shouldn't meddle or regulate, the fact of the matter is our entire business and industry system has issues with a lack of accountability and ethical oversight.  There ARE organizations at the national level for a lot of professions - usually unions or associations - but few of them have any authority to enforce a code of behavior.  Mostly doctors and lawyers and plumbers (I think, I'm not sure about plumbers), but because doctors and lawyers tend to be most vulnerable to liability issues.  But I'm thinking it's time every profession has a system of accountability - teachers, librarians, truck drivers, boat builders, food processors, stock brokers, journalists, jugglers, interior designers, bankers, bakers, dog trainers, people trainers, what have you - to try and clean up a lot of the mess that a decade (or three) of unethical behavior by certain groups - bankers, stock brokers and journalists especially - has led us to.  But if I go after bankers and journalists, might as well include everyone else.  No favors.  Gotta be cruel.

Eight.

The States must uphold equal and fair access to public education as a right to the states' residents and their children.

The States cannot endorse one religious belief over another within the states' public education system. And the states cannot endorse religion where it would interfere with the study of the sciences.

NOTE: This is a "Fuck You" to every Intelligent Design con artist and Creationist bullshitter out there.  Not to mention the Prayer In School crowd who never understood the Founders' intent of Separation of Church And State.  There's a place for God: it's called Church.  The only praying at school should be the week before final exams.  /rimshot
EDIT: This is also a "Fuck You" to every Governor or State lege that's pushing to privatize our school systems.  There's no evidence that privatization improves learning experience for kids and teens, and yet these bozos keep pushing things like vouchers and charter schools as miracle cures.  This also ties into the Prayer In School crowd because vouchers and privatization helps private religious schools more than existing public schools.

Nine.

All persons petitioning the federal government as representative to a group or corporate entity can only lobby for that group / entity after undergoing a basic background check that can be accessed by the public upon request.

All persons working as a lobbying or petitioning representative must recuse themselves if they have direct personal dealings with any member of the office of government that the group / entity is petitioning.

Any person working for the federal government as elected official, civil servant, employee of elected official, or military service is barred from working as a lobbyist or petitioner equal to the amount of time that person worked for the federal government.

Any person or corporate entity of foreign nationality must petition or lobby the United States government through their nation's embassy. They are barred from any financial contribution to a campaign or attempt to petition government through a third party.

NOTE: This is a "Fuck You" to every politician and high-ranking official who exits the public sector to take a lobbyist job ten minutes later at three times the salary and without the ethical oversight (although Amendment Idea Seven. might help with that).  Lobbying as a whole has become a multi-billion dollar industry all its own, and because of legal loopholes and First Amendment abuse that industry is rife with corruption.  Look, people do have a right to petition government, but not at the expense of pork-barrel waste, lopsided legislation that favors a single issue over all others, or one company or industry at the expense of other companies or industries that just don't have the insider connections to make Congress and President do their dances.  Even more terrifying is how foreign governments and foreign-owned companies hire lobbyists to directly petition our government for them: the threat of foreign influence on our government isn't a threat, it's happening on a daily basis.

Ten.

The right of the nation's citizenry to access government documentation at the federal, state and local level shall be maintained. Classification of documents can only apply to matters of national security such as military and defense, treaty negotiations with foreign governments, active criminal investigations that involve undercover work, and any such materials that a court of law determines to be of sensitive issue.

NOTE: It's called Sunshine Laws here in Florida.  And even with the Sunshine in place, our state government goes out of its way to hide meetings, cover up documentation, and avoid accountability at all costs.  At the federal level, it's worse: anybody with a "Classified" stamp and a black ink marker can hide a document or black out entire pages of information to where even Senators can't read them.  The lack of oversight and accountability is shocking.  The wake-up call for me was when Cheney held meetings with energy corporation CEOs to plot out energy policy, and when asked about it declared it was all "national security".  We still have no idea what was really discussed, except that afterward our nation's energy needs got more expensive...  We need to get rid of the excuse of "national security" for nearly everything our government does: our leaders and policy enforcers need to answer for what they do.

Eleven.

Any legislative bill reaching the floor of either the House or the Senate must be certified within three business days by all elected officials that plan on voting for that legislation.

The certification requires the Representative or Senator to sign an oath confirming they have read the legislation up for vote and are aware of the basic elements of that bill. If the Representative or Senator refuses to certify, that person cannot vote Yes or No on the bill, only Present.

The bill cannot be amended nor receive attachments or riders during the certification period. The legislation can only be amended after the vote if there is a need to clean up the language or fix a clerical error within the print. If the bill requires additional work it must be taken off the floor and sent back to the appropriate committee for review and re-work.

If the bill requires more than three days for review, the certification can be extended up to fifteen business days. Any scheduled vacation or recess will be delayed to allow those fifteen business days for Representatives or Senators to review and certify before taking the vote.

NOTE: This is an idea that's been floated before by others more experienced and better-known.  Given the size and complexity of some of the bills reaching the floors of Congress, there's been revelations that a good number of our elected officials don't even know what are IN those bills to begin with.  Something like this amendment can ensure that our elected officials at least read enough of the bill to know what's in it.  And it should prevent a lot of last-minute rider attachments and poison pills that turn some bills into boondoggles and disasters.

Twelve.

If Congress requires a balanced budget, the balancing of the budget shall involve cutting expenditures AND raising revenues through taxation.

All taxes at the federal level must be progressive by design.

Any state requiring that any tax hike or raising of revenue use a supermajority vote to pass, then that state must also require that any tax cut or reduction of revenue require that same supermajority to pass as well.

NOTE: This is a "Fuck You" to every tax-cut obsessive out there.  TAX CUTS DON'T WORK.  And tax cuts to the rich - which is what the tax-cut crowd REALLY wants - REALLY DON'T WORK.  And government exists for a reason: to create and uphold laws, and provide government services that will ensure the safety and well-being of the citizenry.  This is especially for California that's stuck with that supermajority requirement for raising taxes, while the cutting of taxes can get a simple majority vote.  And whenever there is a path of least resistence, our elected officials will take it, which is why California is as screwed as it is.  Make tax-cutting as hard as tax-raising, and at least things will be fair.

So.  There you have it.  Yes.  It's that crazy.  ;-)

And now, to the future.  The purpose of this blog was originally about proposing amendment ideas, but it quickly fell into the trap of "blogging whatever makes me happy or angry at that moment".  So the thing I'm thinking about is: changing the title and focus of this political blog.  Any suggestions from my seven readers (and to my bro Eric, no snarkery about it.  I get enough of that from Phil...).

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When Conservatives Attack: Their Amendment Ideas and How They Can Destroy America

One of the advantages of writing a barely-read blog is I get to go all out and toss some crazy amendment ideas into the global blogging forum: Hey, here' an idea for an Amendment, No More Lying!  Let's pass an amendment stating the President Is NOT Above The Law!  Wheeee, so much fun to be had.

But then the "professional" political hacks decide to get into the Crazy Amendment Idea arena, and it doesn't seem so fun anymore.

The media is all atwitter at the moment about Sarah Palin eye-rolling at a teacher, sorry, the media is all atwitter at the moment about Robert Gibbs dissing tree-hugging hippie leftists, whoops, the media is all atwitter about more of the Republican Party leadership coming out in favor of amending or outright repealing the 14th Amendment of the United States.

In particular, the Far Right wing of the GOP wants to get rid of the definition of citizenship.  Their public reason for doing so?  Getting rid of "anchor babies," the children that are born in our borders to pregnant illegal immigrants who then get to stay in order to raise said anchor babies as a means of circumventing the legalization process.  (Even though there is little evidence that "anchor babies" work as a tactic for illegals, and there's little evidence of a health care crisis because of it.) The right wingnuts got to this solution as yet another step in their ongoing war against Illegals in the United States, a complex and anger-fueled debate that has gone a long way toward driving Hispanic voters (the ones most directly affected by the anti-Immigrant outrage) into the arms of the Democratic Party.

There are a ton of problems with the current wingnut thinking on doing away with the Citizenship provisions of the 14th.  First: amending anything in the Constitution is a huge, mind-boggling and near-impossible attempt.  It takes two-thirds votes in both Houses of Congress and then two-thirds of all states (current 38 states) to amend (the other process - using national conventions - is so fraught with peril that it's only been used once to pass the 21st Amendment to repeal Prohibition and overturn the 18th Amendment).  In some respects, it's rather harmless to have the Far Right latch onto the amendment process as a means of winning their argument as it's next to impossible to achieve: what it DOES do, however, is build up the frustration of the Far Right to where they can and will lash out in other ways...

The second problem?  If they actually do make a serious attempt at removing the Citizenship Clause...

See, one of the ongoing issues with the crazed Far Right Wingnut crowd is how... emphatic they are about going after those they oppose.  Anyone who makes the Republican Party looks bad gets personally demolished by the next FOX Not-News cycle.  Anyone questioning the efforts of Republicans to lower taxes for the super-rich and deregulate every industry to the point that nothing will be safe or reliable will get demonized as SOCIALIST ZOMG.  And above all, the best way they can dismiss, ignore or invalidate anyone that wants to debate them?  All they have to do is point a finger and accuse their opponents of being "Un-American."

What could happen then in a world where Citizenship is not an automatic given based on birth but instead vulnerable to the whims and interests of whichever political party is in charge of Congress, the White House, and the Courts?  Nowadays the Republicans can call you "Un-American" and that would be just another insult.  If the 14th Amendment were gone... A Republican With Authority can call you "Un-American" and mean it... which would also mean no rights under the law, no protection from immediate arrest, no Habeus, no home, no life...  This is the true danger of what the Republicans are proposing to do by getting rid of the 14th Amendment.  They claim it'll be to get rid of unwanted Illegals... but also consider that the Republicans have no love of Muslims right now, and not much love for Blacks, and very little love for Liberals... and so on, and more, and also...  Repeal the 14th Amendment and NO ONE would be safe from the charge of being "Un-American."

Like I mentioned earlier, there's actual little threat to what the Republicans are trying to do against the 14th Amendment: the rules are stacked too well against any amending purge.  And even if they do get far enough to make even a half-hearted attempt?  The reaction from EVERY conceivable minority group - Blacks, Hispanics (especially the legals, the ones born here even five or six generations worth of family ties to this country would be threatened by this), Chinese and Japanese and other Asians, Indians and Pakistanis and Afghans and Egyptians and Algerians and Muslims, even Jews and Catholics and Hindus and Buddhists - will rise up to stop it (Native American tribes are protected under other laws, but even they could be affected by this).  And that's not even including the Euro-descended Caucasian Moderates and Liberals who will rise up as they too could get purged from the citizenship rolls just for the way they vote and think.  The only real scary thought is that the Republicans in power now are willing to even consider this...

After nearly a week of the crazy talk over getting rid of the 14th, saner heads are getting their say on the matter, most eloquently done via this Washington Monthly article:

Several former Bush administration officials, who, for all of their faults, weren't necessarily wrong about immigration policy, believe their party is making a big mistake.

[I]n recent days, former aides to both Vice President Dick Cheney and President George W. Bush, who pushed for comprehensive immigration reform, have condemned the calls by top Republicans to end birthright citizenship.
Cesar Conda, who served as domestic policy adviser to Cheney, has called such proposals "offensive." Mark McKinnon, who served as media adviser in Bush's two presidential campaigns, said Republicans risk losing their "rightful claim" to the 14th Amendment if they continue to "demagogue" the issue.
"The 14th Amendment is a great legacy of the Republican party. It is a shame and an embarrassment that the GOP now wants to amend it for starkly political reasons," McKinnon told POLITICO. "Initially Republicans rallied around the amendment to welcome more citizens to this country. Now it is being used to drive people away."

Washington Post columnist Michael Gerson, Bush's former chief speechwriter, added on ABC over the weekend, "That is the wisdom of the authors of the 14th Amendment: They essentially wanted to take this very difficult issue -- citizenship -- outside of the political realm. They wanted to take an objective standard, birth, instead of a subjective standard, which is the majorities at the time. I think that's a much better way to deal with an issue like this."

And that, sad to say, is coming from former Republicans leaders who have little in the way of directly affecting internal and external party dynamics.  But here lies the real serious problem: The current Republican leadership - made up by the likes of Palin, Gingrich, the House and Senate leaderships, primary challengers across the nation- is crazy.  And their interpretation of what the Constitution should read has been ill-informed, poorly thought out, and doomed with unintended consequences that would make things worse.

The 14th Amendment isn't the only part of the Constitution under attack by the Republicans.  They've been after the 17th Amendment - the direct election of US Senators - as well.  The wingnuts, obsessed with the idea of States' Rights, got it into their collective head that repealing the 17th Amendment will give more power back to the states.  Biggest problem with that?  It completely takes away a right now given to the individual voters themselves, which violates the Far Right's tenet of "giving the people more freedoms".  Which pretty much highlights how little the Far Right truly values an individual's rights.  The next biggest problem is that there's a very good reason the 17th Amendment passed: by the turn of the 20th Century the state legislatures in charge of placing Senators had become so corrupted by the practice that charges of bribery were rife, and some states got bogged down in the selection process to where one or BOTH Senate seats were vacant for years at a time (Delaware had NO sitting Senators between 1903 to 1905).  The Far Right's belief that repealing the 17th Amendment is a good idea merely demonstrates their ignorance of American political history, and their disdain for the rights of voters...  (oh, and one other thing the Far Right Republicans might want to consider: Democrats currently control 28 state legislatures outright compared to 8 Republican-held.  And more states are leaning Democratic day by day.  Letting the Democratically-controlled states to choose their Senators could well give the Democrats a 68-seat majority.  Say good-bye to the filibuster and cloture tricks.  NOW do you think that's a good idea...?)

And that's not all.  After 8 years of ignoring the matter during the Bush Spend-For-All Tenure, the Republican Party is trotting out their old warhorse issue of The Balanced Budget Amendment!  ...which begs the question why didn't they push this Amendment idea more back in oh 2000 or 2003 or 2004 or 2006 when they had the chance, but noooooo guess we can't ask them that.

The problems with supporting a Balanced Budget?  None, if you're serious about it, and the Republicans ARE NOT.  Their Budget Amendment idea would require a two-third super-majority in both House and Senate to raise taxes without a similar requirement for lowering taxes.  Thing is, we've got a perfect example of that in California: and any sane observer of the budgeting mess that state has gone through the last 30 years will tell you that transplanting that to the FEDERAL level is a swell idea!  /sarcasm off

There are more sensible methods of balancing budgets, but they include raising taxes at some point to you know ACTUALLY PAY FOR THINGS.  By knee-capping the ability of Congress to adjust the tax rates (going up as well as going down!) all this Balanced Budget amendment would do is kill whatever is left of FDR's New Deal: the forcible cutting back or eliminating basically every social safety net and government oversight our nation NEEDED TO CREATE to compensate for the damage that GREED and corporate incompetence caused from the 1870s to the Great Depression.

These are the Amendments that the Far Right Wingnuts want to pass:

• Eliminate the Citizenship Clause of the 14th Amendment (and get rid of everybody the wingnuts don't like)
• Eliminate the Voters' right to directly elect their US Senators (and have the state legislatures become even more corrupt than they are now)
• Eliminate the Federal Government's ability to raise taxes when there is no other way to maintain funding for things like oh the military, health care, social services, commerce and transportation, state funding for state-level services like roads, schools and child care (and basically end the United States as we know it)

And people want to vote these Republican psychopaths back into power?

(Slight Edit for grammar)

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