Our Constitution needs amending

[superpatriotman]

To prevent future Presidential Criminals and gross abuse of power. Discuss.

[Codeine]

1. The Constitutional tools needed to

remove a criminal from office exist; we can’t write the necessary political will into law, however.

[H2O Man]

7. Right.

[BigmanPigman]

2. It won't happen since the SCOTUS would have to

approve it, right? I am probably wrong but it seems too easy to change the Constitution with just a vote from Congress. Right now the GOP has control so they will keep it as is.

[KatyMan]

4. No.

More difficult than that!

https://theconstitutionpalmer11.weebly.com/how-to-amend-the-constitution.html

In the current climate of Republican controlled state houses, though, I would not be at all eager to start proposing amendments. As was stated above, the Constitution already has clauses on how to deal with a bad Prez, this Congress just won't take him on.

[drray23]

5. The supreme court has nothing to do with it.

There are two way to do it.
Firstly, 2/3 of the house and Senate have to approve the amendment, then it has to be voted and ratified by 3/4 of the state's.

The other method is a constitutional convention which can be called by 2/3 of the state's, and in this case everything is on the table, not just a specific amendment. The changes have to then by approved by 3/4 of the state's.

We only ever used the first method to pass amendments (excluding the original drafting of it )


https://www.lexisnexis.com/constitution/amendments_howitsdone.asp

[BigmanPigman]

6. Thank you!

[exboyfil]

8. SC has no say in amending Constitution

They could actually correct somewhat executive overreach by challenging stare decisis on the status of Presidential pardons. I personally think it is insane that pardons can be issued prior to convictions. My Civics teacher in high school thought the same, and he was practically nuts over the Nixon pardon. Carter instead of blanket amnesty for Vietnam draft avoiders should have worked to change the law or had Justice negotiate some sort of reasonable blanket plea deal.

Right now Trump could send out death squads and kill anyone he wants, and blanket pardon everyone for their actions. He only needs to resign on his last day in office and let Pence issue him a pardon.

[drray23]

10. Technically the death squad example would only work

If this happens in washington dc which is solely governed by federal law since it's not a state. Anywhere else. Murder charges could be filled by the state's.

So yes, Trump could send somebody to the capitol and shoot and kill democrats and then pardon the murderers.

[superpatriotman]

11. How do you prevent a cult from a coup?

Your example , though extreme, is not impossible.

[lagomorph777]

3. Not just yet - if we let the RePutins get their hands on it now, consequences are dire.

But yes, a few basic corrections needed:

Ban the Electoral College
Ban Gerrymandering
Only paper ballots are valid
Corporations are not people
Money is not free speech

[superpatriotman]

9. You just wrote what should be a major part of the Demoocrat's platform

Well done.

[Quemado]

13. Some consider the Senate the original sin of the Constitution

https://www.newyorker.com/magazine/2013/12/09/our-broken-constitution

But, I do agree with your list of basic corrections needed.

[lagomorph777]

15. I agree - it's the same sin built into the Electoral College.

It's essentially giving power to land area instead of voters.

[superpatriotman]

18. Medieval laws

21st-century agendas.

[lagomorph777]

20. And medieval practices such as kidnapping babies and throwing them in concentration camps

[Dave Starsky]

12. The Constitutional framers had no idea that absolute jackholes...

Would either seek or attain public office on a national scale. The framers were gentlemen back then. Who would have thought that scumbags would come along to game the process?

And, anyway, the framers thought they had put safeguards in place to prevent any one branch of government from having too much power--each branch works to check the other branches. That doesn't work when scumbags come in to game the whole process.

[Quemado]

14. I don't think the framers anticipated

Congress not doing its job to counter executive misuse of power.

[Dave Starsky]

22. They didn't think that Congress would be complicit...

In something so horrible.

Again, these were people from a different time and place. Honor was a big thing to them. They thought that all people would just naturally not try to be a dick. They had no idea about the politicians of the 21st Century.

[unblock]

17. On the contrary, they were very much aware that would-be tyrants would seek power

That is exactly why they separated the powers.

What they did not particularly anticipate was the power of party unity overriding the institutional powers. Specifically, congress refusing to impeach because it's controlled by the same party.

Then again, they could have guessed the constitutional system would become corrupted at some point. They surely didn't think it would last over two centuries!

[superpatriotman]

19. Hence the OP

It's broke. Fix it.

[Dave Starsky]

24. Exactly. They didn't know that all three branches...

Could be corrupted by one nefarious party. Back in their day, everyone involved with the framing of the Constitution was committed to the United States, and nothing and no one else.

[Hekate]

16. Abolish the Electoral College

[samir.g]

21. Abolish the second

[Retrograde]

23. There are checks and balances bult in

Problem is, our current Congress is unwilling to use its powers to curb abuses.

[superpatriotman]

25. Much destruction can be wrought in two years

We need mechanisms written into the document to prevent dangerous, immoral acts of complicity during one-party rule

[FiveGoodMen]

27. When someone breaks the law, it should not be up to politicians to enforce it

[NightWatcher]

26. No, it needs defending. Congress should've long since removed trump

Then pardons would not be an issue.

[superpatriotman]

29. Maybe we need a faster mechanism to remove congress people

As I said up thread two years is a long time.

[DonCoquixote]

28. the problem with this is

The billionaires would gladly try to add stuff in that would enshrine the abuses, such as an "amended" first amendment that would make it impossible to criticize them.

[Crutchez_CuiBono]

30. we need is a democrat in office.