Do we need to amend the Constitution to make sure Trumpishness never happens again?

[Silent3]

I realize part of the supposed genius of our Constitution is its brevity. It's shorter, even with all of the current amendments, than a lot of the click-through agreements we all ignore when downloading a piece of software.

We've been relying, however, on certain norms being observed without having those norms spelled out in the Constitution. That's proving to be very dangerous.

One of the things I'm sure we'd all like to do is abolish the Electoral College. Without that, we wouldn't be in our current mess in the first place. But that's also one of the hardest things to change, because the small states which get more power via the Electoral College would have to vote to lessen their own power -- not likely to happen any time soon.

What's more doable, I think (so long as Biden wins) are changes that keep the Executive Branch in check. Republicans and smaller Republican-led states won't fight so hard against measures than would limit Biden's power. Of course, such constitutional changes would limit the power of all Presidents, even future Republicans (what ever "Republican" will even mean, after the hoped-for downfall of Trump), but short-term thinking often rules the day.

Among the changes I'd suggest (not trying to get into precise legal detail):

1. Explicit constitutional independence of the Justice Department. Not to the extent of making it like a separate fourth branch of government, but strong limits on presidential interference in its operation.

2. Strengthened congressional oversight of the Executive Branch, such as clearly eliminating the "legislative purpose" canard, and strict time limits on judicial appeals against congressional subpoenas, so that future Presidents can never again "play out the clock" to avoid oversight. As part of this, I'd want Congress to be granted a small, limited-in-function policing force capable of seizing documents and arresting those who attempt to avoid subpoenas to testify.

3. Explicit limits on the pardon power, making sure that pardons and commutations can never be used to reward those who act criminally on behalf of a President, those who do political or financial favors for Presidents. Further, a Vice President-become-President should not be allowed to pardon a previously impeached and convicted President, or a President who resigns under a cloud of suspicion (possibly to avoid impeachment) in order to get a pardon.

4. Term limits on federal judges.

5. Regularly scheduled, mandated public debates/discussions among the President, the Senate majority leader, and the Speaker of the House -- something perhaps like "question time" in the British Parliament.

6. Explicit denunciation of the "unitary executive" doctrine.

One other thing, beyond presidential powers, but perhaps a (somewhat) easier to accomplish than abolishing the Electoral College:

7. Give the Federal government the power to establish uniform minimal voting standards for all states.

Agree or disagree? Any other suggestions the rest of you might have?

[Freddie]

1. No more McConnell crap

Any bill passed in the House gets a vote.

[Silent3]

2. +1 n/t

[Backseat Driver]

14. a timely recorded vote - 8 weeks should be enough for a committee look see;

Last edited Tue Jul 21, 2020, 05:08 PM - Edit history (1)

less in national emergencies.

[Jarqui]

3. Definitely needs review and an overhaul

They should have nailed some of this after Watergate went down.

I'd add the requirement to produce and publicly disclose tax returns for anyone running for Federal office or serving in the cabinet or senior administrative positions.

The executive branch can't put kids in cages.

Laws to prevent Gestapos in Portland

I'm sure there are more ...

[Backseat Driver]

15. To be fair, some kids do need a time-out in a protective environment;

some adults, guilty of violence and "white-collar stuff" need incarcerated for a long, long time - not given home monitoring ankle bracelets or released of their sentence because of aged medical requirements.

[J_William_Ryan]

4. Beware the perils of unintended consequences.

[Silent3]

7. Oh, yes, I realize that this can be a tricky thing to do correctly.

But fear of unintended consequences should produce caution, not paralysis, in the face of Trump's abuse of power.

We still aren't sure if we'll be free of Trump, and if COVID-19 hadn't come along we'd be at even far worse risk of heading straight into dictatorship. Something has to change to make this far less likely of ever happening again.

[leftieNanner]

5. How about applying the same judicial ethics standards

that are required of all Federal judges to SCOTUS?

...cough....cough.. Clarence Thomas (Scalia).... cough...cough...

[Thekaspervote]

6. We certainly need to do something. I guarantee the repukes overall see this as a win

They will pick another dotard next time, someone even more viscous and smarter

[Fiendish Thingy]

8. First prosecutions by new AG, then work toward amending Constitution nt

[Silent3]

9. Obviously that can, and should, happen first, and is a much faster thing to do anyway.

But we can also walk and chew gum at the same time. Plenty of people could work on a project like a good set of amendments at the very same time, people that wouldn't have anything to do with the prosecution of Trump and his cronies.

[Nevilledog]

10. Need reform regarding Executive Orders

[RicROC]

11. reconfigure Congress

1) Eliminate the 435 person cap on # of members of the House of Representative. After each 10 year census, the # of Representatives are distributed based on the percentage on the total amount of population.

2) The districts of the House of Representatives cannot be gerrymandered like they are now, But based on the boundaries of school districts or cluster of school district. At least the voter will know that the MC (Member of Congress) is defined by the school district (or cluster) and should have more connection to the MC.

3) Eliminate the Senate since it's an anachronism anyway. Realizing this won't happen, I suggest folding the Senate into the House, making one body the 'Congress'. Senators elected for only 4 year terms. Redundant committees will be streamlined and/or eliminated.

4) All Federal judges and justices have term limits.

[I_UndergroundPanther]

12. Kill the filibuster

Require a psych test to run for government office and the results in total made public,psychiatrists that test candidates must be randomly chosen and must refrain from political bias,religious bias and are unable to accept gifts,money or anything else from candidates. Gifting or bribing or threatening the test psychiatrist ends thier run for office. And the psychiatrist and candidate has an automatic federal case started once they break the rules.

[Backseat Driver]

13. The thing about roses: They used to have so many thorns...

Beautiful flowers with so much historic symbolism to be sure, but somebody thought those thorns inconvenient and/or unhealthy, so hybrids and GMOs removed the thorns of some roses, and people got options. Somebody thought manipulated yields could also feed the world if only weeds did not exist - a new option was brought to market, but unintended consequences seemed to be implicated in greater numbers. Should its use be banned - some countries have done so. Were those consequences just random or actually known in advance and hidden purposely as a corruption of long-term healthy nutrition when farmers got on board and became complicit in making a fortune for the "corporate person" at the expense of public health even though the product might be dangerous; hey doesn't everybody want to make more money and kill weeds that threaten a yield (very like the benefit of public health versus vaccines against disease - (enter bad research, corrupted research, and/or human errors). What are one's rights or obligations when one dissents to have the product administered? Will it hurt my body, my children's, our souls? Does everyone just take Microsoft's word that the latest update/release won't jack up one's computer which is still an expensive tool for so many? Have you turned to another operating system/browser in trust? What about the claims of dangers from EMFs, 5G, natural sunlight's benefits or harm to the body because trusted dietary supplements and branded pharmaceuticals that take sunlight's place exist? Yup, cradle to grave personal and/or governmental decision-making and risk-taking sacrifice. What are you, personally willing to accept?

The thing about laws - moral and just enforcement (who will or should be culpable, liable, or require a punishment at all, and when) under very short or too long statutes of limitations, plea deals just to catch a bigger fish (how much bigger a fish can a government have than a POTUS, corruptions of judicial decisions straight from the bench or by a jury (of Senators)? How does one avoid having a personal bias influence a decision we let those more expert or even just gleaned from a diversified population to serve, honest answers of acceptability in a case notwithstanding? Does the government at any level just avoid karma by murder, incarceration, or punishment of the innocent because...? What constitutes that innocence where there is personal accountability/unaccountability or bias of characteristics not to be discriminated against of a peer? Where did it come from? Is ignorance of a law an excuse?

Just what is a well regulated militia and/or being reasonably responsible in the use of those arms? Should anything and everything be allowed just because there's an explicit right to bear weapons, everywhere, anywhere? By whom and when and in which State?

It's one thing to bear the consequence of paid-for spoiled groceries left in a car, but what about a living pet or child - an aquarium fish? A wild mouse? A flammable substance? Opening up options create loopholes.

Should each state make their own rules as long as they comply with the "flavor"of a Federal constitution that does not explicitly mention something that did not even exist in another century and as a culture developed that relies on economic stability. How do we remove the wealth, money, and the resulting corruption that results in so much power and violence against its own people without evermore "rules of Constitutional law" across the land? As we travel the nation and the globe - would ignorance of State law make us innocent of a crime with national implications, of national significance? Maybe domestic terrorism needs a better definition as well! Whatever led to Trump's election and his appointments of higher administration surely amounted to that scale, i.e., "unitary executive" policy theory, a culture of LE immunities, SCOTUS' ruling on Citizens United, hidden shell companies, incitement to act not just dissent, so much that were once supposed to be held in place by common sense, an adequate education to make a living, and good manners toward others. Why do we accept less? Admittedly, those things are also needed by con men and criminals. Just add money and opportunity!Then rewarded with power! BINGO - America's greatest! We need to be very careful about what we wish for...

[uponit7771]

16. YES !!! There are some gaping holes in the constitution mostly dealing with judicial branch

[JustABozoOnThisBus]

17. How about a constitutional convention?

Teabaggers would love that.

If the prez can hire and fire the A.G., then Justice is not independent.

[WhiskeyGrinder]

18. Minimal voting standards? Do tell.