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    The Constitution of the United States: Updated for Better Government in the Twenty-First Century Second Edition
    The Constitution of the United States: Updated for Better Government in the Twenty-First Century Second Edition
    The Constitution of the United States: Updated for Better Government in the Twenty-First Century Second Edition
    Ebook211 pages2 hours

    The Constitution of the United States: Updated for Better Government in the Twenty-First Century Second Edition

    By Boyd Harrison

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    About this ebook

    Boyd Harrison served as a senior executive service leader in the US Government, with 31 years of federal civil service. He is a retired senior officer from the US military, with over 27 years of service on active duty and in the reserves. He has taken several courses during his service on the American legal system, the Constitution, and how the government works. He maintains a keen interest in scholarly interpretations of the founding documents for the United States. He resides in Nevada.

    The Constitution of the United States is broken!

    The Constitutional democracy of the United States has been severely challenged in recent times by President Donald J. Trump and the 115th through the 117th Congresses. They have shown us that the Constitution, as currently written and interpreted, is in dire need of revision in many areas. The public's trust of the Congress and the Presidency is low, with little cooperation between the political parties to solve the nation's problems. Recently, the Supreme Court, which has been highly respected historically, has fallen out of public trust due to excessive politicization. Many would say we get the government we deserve--because we, in our majority rule-based system, voted for it. The American people deserve a government that works for them since it is from the citizens that the government derives its power and authority. But all too often the leaders in government forget who the boss is--who they represent and serve.

    In this highly revised second edition, Boyd Harrison presents specific areas, based on recent events, where the Constitution of the United States needs to be changed and updated for modern times and to meet current challenges. The Founding Fathers were not perfect, and while they wrote a brilliant document for their times, they recognized during their deliberations and debates the need for compromise and the limitations of their efforts. Mr. Harrison offers these revisions to begin the conversation and debate as to what changes are necessary in order to improve the original form of government created in 1787, to preserve the republic for future generations, and to ". . . form a more perfect Union. . ."

    LanguageEnglish
    PublisherPage Publishing, Inc.
    Release dateDec 14, 2022
    ISBN9781662482144
    The Constitution of the United States: Updated for Better Government in the Twenty-First Century Second Edition

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      Book preview

      The Constitution of the United States - Boyd Harrison

      cover.jpg

      The Constitution of the United States

      Updated for Better Government in the Twenty-First Century Second Edition

      Boyd Harrison

      Copyright © 2022 Boyd Harrison

      All rights reserved

      First Edition

      PAGE PUBLISHING

      Conneaut Lake, PA

      First originally published by Page Publishing 2022

      ISBN 978-1-6624-8212-0 (pbk)

      ISBN 978-1-6624-8214-4 (digital)

      Printed in the United States of America

      Table of Contents

      Acknowledgment

      Introduction

      Chapter 1

      Chapter 2

      Chapter 3

      Chapter 4

      Chapter 5

      Chapter 6

      Chapter 7

      Chapter 8

      Appendices

      Appendix A Data

      Appendix A

      The 2020 Presidential Election

      Appendix B Data

      Appendix B

      The 2016 Presidential Election

      Appendix C Data

      Appendix C

      The 2012 Presidential Election

      Appendix D Data

      Appendix D

      The 2008 Presidential Election

      Appendix E Data

      Appendix E

      The 2004 Presidential Election

      Appendix F Data

      Appendix F

      The 2000 Presidential Election

      Appendix G Data

      Appendix G

      The 1992 Presidential Election

      About the Author

      …in order to form a more perfect Union…

      Acknowledgment

      My sincere appreciation and thank you to those who have reviewed this manuscript and offered comments and suggestions. Many of your ideas were incorporated into the final product. You know who you are and need not to be personally or individually acknowledged. The author is responsible for all the material herein presented.

      Introduction

      The Constitution ratified in 1789 is broken and requires revision to preserve the constitutional republic thus established.

      I am conscious that many who read this document will criticize me as presumptuous and egotistical to think that I can offer changes to the United States Constitution that will be as wise and time honored as the original document debated and written in 1787 by the Founding Fathers, subsequently defended by Madison and Hamilton in the Federalist Papers, and ratified in 1789 by the required number of the original states. But I offer this as a loyal citizen who cares deeply about the future of our great nation, despite the criticisms that may ensue, as an honest effort to make changes to that great document to meet modern-day challenges and improve the form of government that I have sworn to defend on many occasions, both as a military officer and as a civil servant. The American people deserve the best and most representative government humanly possible. The Constitution was written by a group of men who envisioned honorable representatives serving honorably, living up not only to the word of the Constitution but also to the spirit. The voters were entrusted to select honorable men and periodically hold them accountable. We get the government we elect and the government we collectively tolerate. It is time we demand better—of our leaders, of our representatives, and of ourselves!

      In The Federalist Number 1, written by Alexander Hamilton in 1787, he warns about the consequences of not adopting the Constitution and thereby improving our form of government, which is required when looking at today's political environment. In the first several paragraphs, he outlines the hazards of those wishing to retain power at the expense of positive change. He further warns that the more certain path to despotism is the claim that liberty is imperiled by a vigorous government. James Madison warns in The Federalist Number 10 against the rivalry of competing political parties—against the excessive factionalism we witness in our current national and state governments—as being destructive of good government and of the democratic republic. These are warnings from the Founding Fathers of our great nation.

      If one recalls relatively recent history, Benito Mussolini, fascist dictator of Italy in the years leading to and during World War II, and Adolf Hitler, ruthless fascist dictator of Germany from 1933 to 1945, both began their political careers using the electoral processes of their respective countries. These are the kinds of people both Hamilton and Madison warned us about in their Federalist essays. The loss of liberty cannot be assured through democratic elections but must be guarded against by an informed and savvy citizenry ever on the lookout for tyranny in its many insidious forms—populism, deceit, incitement to violence or insurrection, and the stoking of fear and a mistrust of political dissensions, adversaries, other political parties and views, the institutions of government, and the free press. Honorable leaders and politicians must put the best interests of the country ahead of political affiliation, or else the republic fails. Differences of opinions and the freedom to express those differences is fundamental to American democracy.

      One cannot write any constitution that protects an idea for democratically based government from the rise of political demagogues, clearly unpatriotic and unconstitutional ideology, or from poor legislation and laws. One can only insist that the public officials elected remain true to their oath of office and their commitment to faithfully follow the Constitution, honorably exercise their constitutional powers and responsibilities for the benefit of the country at large, or, failing to do so in the minds of the citizens, be removed from office through the periodic electoral process by a citizenry which demands fidelity to the ideals of the Founding Fathers and the republic and honorable service from those elected or appointed to office.

      The most sacred right of every citizen of the United States, in our Constitutional Republic, is the right to vote. It is also our most basic obligation as citizens. Voting is the ultimate level of equality. The richest and most powerful among us have but one vote as do the poorest and the least powerful. The most important imperative for the voting citizenry, regardless of political party or persuasion, is to vote to preserve the Republic and our Constitutional form of government. This may require voting, temporarily, against one's political preferences and for the opposition, if our democracy is in peril.

      The fundamental right to vote should not be denied to any United States citizen. Abraham Lincoln is famously quoted as saying, Those who would deny freedom to others deserve it not for themselves.¹ I propose a similar saying, Those who would deny the right to vote to citizens deserve it not for themselves.

      While democracy, in the form of a democratic republic, is messy, requiring honorable men to faithfully serve the citizenry that elected them to office and to work together, despite philosophical or political differences, to further the interests of the whole citizenry, it has one huge advantage over the other forms—monarchy (inherited rule by one), oligarchy (rule by an elite group), and dictatorship (absolute rule by a single person over the entire government).² The citizenry has the ability to select those who will lead the government through free and fair elections.

      It is my belief that a constitution can be written that provides a solid foundation for a democratic and united republic. That constitution can be improved as the lessons of history reveal themselves to us with time and experience. As proof, we have 233 years of American democracy to admire. It is time for improvements to our existing Constitution to make it more robust and protect our freedom and our republic. Future improvements will be required. The Constitution is a living document in search of the best way to serve the American citizenry.

      Although I have read several books on the Constitution, I am not a legal scholar or constitutional expert. I offer common-sense solutions to the problems I see that are beginning to tear this great country apart. Those problems and corrections include:

      Efforts to disenfranchise voters from participating in the great democracy that is the foundation of our republic and to make proposals that will enhance the voice of all voters regardless of state of residence.

      Ensure that the vote of the people remains the sole way that officials are elected to public office, and that the vote cannot be overturned by state legislatures or other bodies.

      Establishing guidance on how voting districts are created.

      An electoral college system that is in need of repair and revision while maintaining the original intent of the system—to ensure that the less populated states of the nation have a voice in the future direction of the country.

      Reducing or eliminating the undue influence of corporate- and special-interest money in how the country chooses its leaders and representatives.

      Ensuring that no person is in office longer than is wise to reduce the role of seniority in determining power within the legislative branches of government and increase the influx of new ideas and new ideals while still providing a continuity that is necessary for a smooth-running legislature.

      Reducing the influence of political, religious, or ideological persuasions on the justice system, specifically in the choice of Supreme Court justices that the country depends upon so that the rule of law is maintained and strengthened.

      Consequences for the Congress failing to confirm a Supreme Court Justice within the time allowed or failing to pass a budget prior to the start of the fiscal year. Constitutionally assigned responsibilities without consequences are powerless.

      Holding all persons in government accountable for any misdeeds they may perform while in government.

      Providing women with a constitutional foundation for reproductive choice.

      Reinstating voting rights to those convicted of crime after serving their punishment.

      Eliminating the filibuster rule in the Senate.

      Mandating a balanced budget and to require a plan to reduce the deficit and debt of the United States and providing for consequences for a budget not being passed by the start of the fiscal year.

      Placing restrictions on declarations of national emergency and undeclared wars.

      Providing an enforcement mechanism for the emolument's clause.

      Placing restrictions on the presidential pardon powers to enhance the rule of law.

      Defining limitations on the use of executive privilege.

      Specifying how impeachment trials are to be conducted.

      Mandating the structure of the Supreme Court at nine judges and requiring all lifetime judge appointments to all federal courts receive a two-thirds vote of confirmation in the Senate to depoliticize the courts, our last line of defense against lawlessness and chaos.

      Requiring Congress to concur with respect to the dissolution of treaties.

      Providing powers and means to address domestic terrorism and insurrection.

      Providing power to the citizens of the United States to call a constitutional convention which is now solely the power of politicians.

      Two additional goals in this revision are to remove any references to slavery in the original document and to remove any references to a particular sex in references to the presidency, the congress, or the judiciary. These have long been removed by amendment. The twenty-seven existing amendments to the Constitution are incorporated into the revised document unless they were revoked by other amendments (amendments eighteen and twenty-one). The bill of rights is incorporated as a separate section in the revised document.

      This treatise is organized as follows: an introduction, chapter 1, which presents the Constitution as currently written; chapter 2, which presents the rewritten Constitution with my revisions and updates in bold italic print; chapters 3 through 8, which present my rationale for the changes I propose; and seven appendices, which test the presidential elections since 2000 (plus the 1992 election) to determine how the proposed electoral college-system revision presented in Article II would have performed. No attempt is made to reorganize the document from the original, and amendments are placed in the document where indicated by the amendments. Likely, some reorganization along topical lines, as in the original Constitution, is warranted.

      It is my hope that some of these ideas will enter the public discourse and that action may be considered to incorporate them into the founding document of this great nation. Many of the ideas have been mentioned by others, and I take no credit for claiming that all the ideas here expressed are mine alone. However, the idea to rewrite the Constitution into a single coherent document modernized for the times is mine, at least as here presented.

      Benjamin Franklin challenged each of us as citizens when, as he left Constitution Hall in Philadelphia on September 17, 1787, was asked, What kind of government have you given us, Dr. Franklin? and replied, A republic, if you can keep it. It is incumbent on every American to take that challenge to heart. Every citizen must participate in preserving and improving the kind of government given to us. History is abounded with examples where the citizens of countries have neglected this obligation and succumbed to governments that betrayed the public trust. This treatise is offered as my commitment to Benjamin Franklin's challenge.

      In 1787, a group of state elders of the fledgling United States, led by James Madison and Alexander Hamilton, determined that the Articles of Confederation provided an insufficient basis upon which to govern the new country and decided that a new government was required rather than a fix to the old. After approval by the thirteen original states,³ the constitutional convention was held in Philadelphia, and the Constitution of the United States is the result of that bold move. I believe that a bold new move is necessary to amend and rewrite the current Constitution of the United States based on the weaknesses

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