General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat constitutional amendments do Dems need to push through starting in 2029?
These two terms with Trump as President have exposed some weak spots in our Constitution. We need to start planning on pushing through new amendments beginning in 2029 once Trump is out of the picture (assuming the country lasts until then). Absolutely nothing will happen so long as he is in office as he will bully Repubs in Congress into voting down any restraints on him, even if we retake the House and Senate later this year. That being said, we will still need considerable Repub support in order to clear the 2/3 vote hurdle in each house. I think it's possible with a Dem trifecta in 2029 as Repubs will be more likely to pass amendments that limit a Dem president.
Here's what I think we need that actually has a chance of passing of Congress and moving to the states where the results are a mystery. Some items such as a repeal/overhaul of the Citizens United ruling are not going to happen and Repub (and some Dem) support for it is too entrenched. A new SCOTUS will be needed to throw out that ruling. Likewise, an amendment that expands the size of SCOTUS is also a non-starter due to the vote thresholds, even though it could happen via normal legislation.
1. An amendment to repeal/curtail presidential immunity as decreed by SCOTUS in the Trump v. United States case. Dems need to frame this as limiting power and lawlessness from a Dem president while strengthening the legislative branch again. With Trump no longer in the picture in 2029, this could happen.
2. An amendment to expand, prevent and outlaw the grifting and corruption that is rampant by Trump and the countless unelected officials in his administration. He is robbing the government, US citizens and the rest of the world and almost no one is saying a word in defiance. This should be an easier lift than #1 so long as it is framed as a law and order amendment.
3. An amendment to strengthen the core First Amendment rights of Freedom of the Press, Speech and Assembly. Trump is downright ignoring the First Amendment and all of us need additional protections of these rights along with government restrictions on limiting them.
4. Dual and linked amendments that need to pass as all or nothing which creates a national citizenship/voter ID card (similar to the passport cards that exist now) for one amendment and the elimination of partisan and racial gerrymandering in another. I think most of us believe (at least I do) that the Republican demands for voter ID are bullshit and are only used to rile the base. However, the Repub base has clamped on to the issue and won't let go of it. The issue is a minor one for Dems with the issues mostly around obtaining free cards for people. However, the value of the cards comes via the immigration front that could cut out some citizen harassment that occurs now. Dems should support this ID in exchange for the outlawing of partisan and racial gerrymandering. Elected Repubs are not going to sign on to this easily, at least not until Texas resumes its eventual leftward conversion. Once Repubs are locked out of complete power in redrawing Texas maps (even if it is due to a single Texas state house flipping), they will be more open to these bans, let alone their begging for it if Dems ever claim a Texas trifecta. The horse trading for these two amendments needs to happen to guarantee passage of both.
5. An amendment that prevents the President from withholding appropriations passed by Congress and enacted into law. No more of these bullshit DOGE cuts and Trump extortion schemes by withholding funds. This can be passed with Congress reasserting its authority (and maybe a Dem President who threatens red state funding).
Yes, immigration laws need a massive overhaul; but that can be done with federal legislation once Trump is no longer in office.
Age limits for federal officeholders in the Executive, Judicial and Legislative branches might seem like catnip and the subject of an amendment; but I don't think it would pass Congress. Furthermore, medical advances in 50-100 years may make 80 and 90 year olds of the future similar to 60 year olds today.
I also think we need to make the Department of Justice a completely independent federal agency, perhaps like the Federal Reserve; but that can be done with normal legislation.
What other amendments do we need to clean up the Trump mess and prevent future ones?
Volaris
(11,435 posts)Congress shall have the power by simple majority vote to nullify a(ny) pardon issued, provided that a relevant court or grand jury has found probable cause that the pardon is the result if a corrupt endeavor.
It requires both other branches to equal a check, but this creates one and leaves direct oversight to the Article 1 Power.
LonePirate
(14,343 posts)Fiendish Thingy
(22,272 posts)That doesnt take an amendment, just the courage to kill the filibuster.
The 2028 Dem nominee should campaign on submitting amendments to congress that would significantly restrict the presidents Article II powers, including removing immunity for crimes committed while in office, and restricting or removing pardon power.
Then move on to strengthening Article I powers of congress, severely reforming the Article III power of the Judicial Branch.
But it must start with court expansion.
LonePirate
(14,343 posts)Normal legislation via wrangling a few out party votes or the elimination of the filibuster are the only way a court expansion will happen. Other court reforms could potentially happen via an amendment.
Fiendish Thingy
(22,272 posts)Expansion is the most important act a Dem president and congress must take in 2029, period.
H2O Man
(78,774 posts)This is really interesting. And important, as well. I really like this. I want to take some time to think of a response that hopefully adds to this discussion. But for now, I just want to thank you.
JI7
(93,289 posts)And the problem with Trump is not the laws itself as much as many in the country are ok with him breaking laws and not following it .
lees1975
(6,930 posts)BLOWING UP THE DAMN SENATE FILIBUSTER!
And then, packing that damn Supreme Court with ten of the most liberal, progressive left wingers available anywhere in the country. Maybe a few private citizens with common sense, instead of trained lawyers who can't shake their partisan bias, need to be on the court. Whatever, those conservatives need to be neutralized, and maybe shoved out the door by internal censureship.
Convicted felons should not be allowed to run for office.
Take private money out of politics. No PACs and contributions are capped.
That's if there's an election in 2028. However, if Democrats don't do something now, this is all speculation and fantasy dreaming.
thought crime
(1,310 posts)It's effectively impossible to pass an amendment in a such an extremely polarized country. That's not to say we don't need amendments, because our flawed political system no longer works for the benefit of the people.
I agree with all the things you proposed. In my opinion, the biggest flaws in our system are winner-take-all electoral college process, the two Senator rule, lifetime terms for high-level federal judges, and gerrymandering. Most Republicans would disagree, because those are the very features (flaws) they exploit to gain power.
B Hamster
(5 posts)I'm no lawyer, so I can't say whether it should be a new law or an amendment, but we are where we are today largely because of the corrosive effects of too much money in politics. Corporations are not people, and a billionaire's vote should not count more than anyone else's. Yes, I know that money has always played a big role in politics, but Citizens United opened the floodgates on unfair influence and corruption. We need to turn off the money spigot. Make Congress and the president responsible to the people again.
no_hypocrisy
(54,462 posts)that there are enough votes to amend the Constitution at this stage of our history.
JCMach1
(29,116 posts)Agency and after we deMAGAfy the entire executive branch.
Morbius
(929 posts)The only thing listed which has a shot is changing pardon power to prevent a President from pardoning himself or anyone in his administration. It still wouldn't prevent a future President from pardoning participants in an insurrection.