Democratic Underground - A proposed new US Constitution featuring parliamentary government

Second Constitution of the United States of America

Article I. The states, citizenship, census, and voting.

A. The States

The United States of America shall consist of all states under the union. No state entering the union shall have the authority to dissolve the union.

Each state shall be guaranteed a representative democratic form of government.

The seat of the government of the United States known as the District of Columbia shall be in itself a state with the same rights and privileges as any other state.
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. Parliament may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

New states may be admitted by Parliament into this Union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of Parliament.

The United States shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

B. Citizenship

Any person born in any state, born abroad of whose parents at least one is a citizen of the United States or who swears allegiance to the United States in a rite of naturalization shall be a citizen of the United States and of the state in which he resides.
All such persons residing in a territory entering the union as a state shall be granted citizenship of the United States and of the state in which he resides.

No person may be a citizen of more than one state at one time.

No rights of citizenship or presumption of citizenship shall be granted to any private entity by the federal powers or any state. The federal administration and each state administration shall have the right to regulate any private entity chartered within its jurisdiction at it deems fit and necessary as provided by law.

Each citizen shall enjoy equal rights with every other citizen under this Constitution. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several states.

No officer of the United States or any state shall have the power to strip a citizen of his citizenship or his rights as a citizen, either entirely or partially. Nothing in this paragraph shall be interpreted to prohibit the federal government or any state government from incarcerating, fining or otherwise punishing an individual duly convicted in a court of law of a violation of acts passed by a legislative body.

C. Census

The federal government shall undertake a census of the population every 12 years for the purpose of allocating representatives in Parliament.

Each state shall apportion its allocated representatives in a manner it sees fit, but districts must be drawn such that no representative district shall deviate from the mean population of all the states districts by more than ten percent.

D. Voting

Each citizen over the age of 18 years shall have the inalienable right to one vote and only one vote on each question in any and all elections in the United States and in the state of which he is a citizen.

In contested elections for office involving three or more contestants, each voter shall be able to rank his first three preferences, with his first choices getting three points, his second two points and third one point; the candidate with the most tabulated points will be declared the winner.

Voting shall be by secret ballot. No citizen shall be compelled by any government or private power to reveal how he cast his vote. No public or private power shall compel any citizen to vote in a particular manner.

Polling places shall be open for a period of 24 hours, beginning at 0:00 GMT on Election Day. Election Day shall be a holiday in the jurisdiction where the election is held. Any private entity must ensure that its employees are given sufficient time to vote.

Counting of ballots shall be done in view of the public following the closing of the polling places. No vote shall be counted except one leaving a permanent record at the level of an individual ballot.

E. Rights of individual citizens (Bill of Rights reiterated, elaborated and clarified)

Neither the United States nor any state shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Each state shall have the power to establish and regulate militias for the purpose of defense and maintenance of civil order. The United States shall make no law infringing on this right.

No Soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The United States shall make no law authorizing searches or seizures without warrant or probable cause.

No person shall be held to answer an infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation and no property shall be taken by the United States or any state for the purpose of private development.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial judge, panel of judges or jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense and the right to consult his counsel in confidence.

In Suits at common law where the value in controversy shall exceed one hundred dollars, the right of trial by an impartial judge, panel of judges or jury shall be preserved, and no fact tried shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Neither the federal authority nor any state shall declare a convict's life forfeit for any crime. Neither the federal authority nor any state shall practice torture or other humiliating or degrading treatment of any person detained for any reason.

The right of individuals to form organizations to promote higher wages and salaries, fair hiring practices or better working conditions shall not be infringed by the United States, any state or any private entity chartered thereby.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Article II. Parliament

A. General

All legislative power in the United States shall rest in the Parliament of the United States.
The Parliament of the United States shall consist of the House of Representatives and the Senate. One member of the Senate shall be designated as the President of the United States and one member of the House of Representatives shall be designated as the Prime Minister of the United States.

The Senate shall choose from one of its members, with the advice and consent of the House of Representatives, a President of the United States. The President shall serve at the pleasure of the majority of the members of the Senate. The duties of the President shall be:
- To appoint the Prime Minister from the ranks of the House of Representatives;
- To accept the resignation of the Prime Minister;

The President may be impeached by the House of Representatives for trason, bribery, dereliction of duty or other high crimes and misdemeanors.

No person shall be a member of the House of Representatives and the Senate at one time, nor shall any person be a member of either house of Parliament while holding an office of trust in any state, nor hold a seat in any state or federal court and at the same time be a member of Parliament.

Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such Parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those Present, be entered on the journal.

Compensation for members of Parliament:

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

B. House of Representatives.

The House of Representative shall consist of members elected by the citizens of the United States. Two-thirds of the members of the House of Representatives, rounded up, shall be elected from districts as described in Article I, while the remainder from each state shall be chosen from a list of candidates provided by political factions receiving over ten percent of the vote in each state in proportion to the number of votes received by that faction. A vacancy occurring in the House of Representatives shall be filled by a special by-election within 49 days of the seat becoming vacant.

Each state shall have at least two seats in the House of Representatives.

The House of Representatives shall be presided over by the Speaker, elected from its ranks at the recommendation of the Prime Minister, who shall rule on all questions of order. The Speaker shall not vote except in the event of a tie.

All legislation shall originate in the House of Representatives.
- The House shall have no power to suspend the privilege of the writ of habeas corpus, unless when in cases of rebellion or invasion the public safety may require it and then only in places where federal courts are unable to conduct normal business;
- No bill of attainder or ex post facto law shall be passed;
- No tax or duty shall be laid on articles exported from any state.
- No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another;
- No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time;
- No title of nobility shall be granted by the United States;
- And no person holding any office of profit or trust under them, shall, without the consent of the Parliament, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince or foreign state.

The House of Representatives shall have the power:
- To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
- To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
- To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
- To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
- To provide for the punishment of counterfeiting the securities and current coin of the United States;
- To establish post offices and post roads;
- To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; To constitute tribunals inferior to the Supreme Court;
- To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
- To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
- To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
- To provide and maintain a navy;
- To make rules for the government and regulation of the land and naval Forces;
- To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions;
- To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Parliament;
- To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof;
- And to establish an independent board of directors for state sponsored media to assure news and information is given to the public with balanced opinion and adheres to accepted journalistic practices.

The House of Representatives shall sit from the time it is elected until dissolved by the President.

C. The Senate

The Senate of the United States shall consist of members elected by the citizens of each state in a election to be held within one year of the certification of the census. The number of senators from each state shall be half of its number of representatives, rounded up. In states with at least four senators, half of the number of senators, rounded up, shall be elected from districts and half shall be selected from a list of candidates provided by political factions receiving over ten percent of the vote in each state in proportion to the number of votes received by that faction; in states with fewer than four senators, election shall be by district only.

The Senate shall have the power to advise and consent to the appointments of federal judges and to ratify treaties.

Any bill passed by the House of Representatives not deemed a vote of confidence in the government shall be approved by a majority vote of the Senate. Should the Senate reject the bill, the House of Representatives may override the Senate’s veto with a two-thirds vote. If the Senate takes no action on a bill passed by the House of Representatives after fourteen days, the bill become law.

D. The Government.

The government of the United States shall consist of the Prime Minister and the cabinet. All executive power shall rest in the Prime Minister and the Cabinet.

The Prime Minister shall be a member of the House of Representatives. The Prime Minister may select his cabinet from the members of either the House of Representatives or the Senate, with the advice and consent of a majority of the members of the House of Representatives. Members of the Cabinet will serve at the pleasure of the Prime Minister, but the Prime Minister and any member of his Cabinet shall be subject to impeachment by a majority of the House of Representatives and removal of by a two-thirds vote of the Senate for treason, war crimes, crimes against humanity, bribery or other high crimes and misdemeanors.

In addition to the Prime Minister, the Cabinet shall consist at a minimum of the following officers:
- Minister of Foreign Affairs.
- Minister of Finance.
- Minister of Defense.
- Minister of Justice.
Parliament shall designate other cabinet offices as it deems necessary.

The Prime Minister shall have power, with and with the Advice and Consent of the House of Representatives and the Senate, to make treaties; and he shall nominate, and with the advice and consent of the House of Representatives and the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the federal courts, and all other Officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. The House of Representatives may by law vest the appointment of such inferior officers, as they think proper, in the Prime Minister alone, in the courts of law, or in members of the cabinet.

The Prime Minister shall be the commander and chief of the armed forces. The cabinet shall be kept fully informed of troop movements and threats to national security and Parliament shall be kept appraised as necessary and prudent.

A vote of confidence in the government shall be:
- Any government-sponsored bill designed to appropriate money from the treasury or concerning the maintenance of revenue;
- Any other bill that the Prime Minister deems to be of significant importance; or

When the government fails to receive a vote of confidence in a majority of the members of the House of Representatives, the President shall request and accept the resignation of the Prime Minister. The President will then decide whether to appoint another Prime Minister from the ranks of elected members of the House of Representatives or to dissolve the House of Representatives.

Within twenty-four hours of the certification of election results, the President shall ask a member of the House of Representatives to act as Prime Minister and appoint a new cabinet with the advice and consent of the entire House of Representatives.

Upon his appointment by the President, the Prime Minister shall have a period of two weeks to appoint a cabinet and obtain its approval by a majority of the House of Representatives. Should the Prime Minister fail to organize a government in the allotted time, the President may either select of new Prime Minister or dissolve Parliament. If, after 28 days, the House of Representatives has been unable to consent to a new government headed by a Prime Minister appointed by the President, the House shall convene of its own accord and by majority vote recommend a Prime Minister to the President; the President may either appoint the recommended candidate as Prime Minister or resign.

The President shall not dissolve the House of Representatives at any time other than:
- The failure of the government to secure a vote of confidence from a majority of the members of the House of Representatives;
- The request of the Prime Minister;
- After the House of Representatives has sat for a period of four years, at which time the President shall be required to dissolve the House of Representatives.

On dissolving the House of Representatives, the President shall request the former Prime Minister to form a temporary government. A general election for all seats in the House of Representatives is to be held between 28 and 49 days following the dissolution of the House of Representatives.

Should a vacancy occur in the office of Prime Minister for any reason other than those enumerated above, the President shall appoint a new Prime Minister with the advice and consent of the House of Representatives.

E. The Opposition

The government shall control the business of the House of Represenatives, but shall from time to time, no less often than once every 21 days that Parliament is in seesion, put aside a day for factions of members in opposition to the government to put business before the House of Representatives.

Any faction of the House of Representatives elected as a slate of candidates holding at least one seat in ten of the total House, rounded up, shall be accorded the priviledge of having a day to put business before the House of Representatives.

One hour each week in the House of Representatives shall be set aside for members of the opposition to ask the Prime Minister, his designated representative in his absence, or members of his cabinet questions concerning government policy or other business the government has set before the House of Representatives.

F. Impeachment

The House of Representatives, by a majortiy vote, may impeach the Prime Minister or any member of his cabinet, any federal judge or the President of the United States.

The Senate shall try impeachments and remove the accused by a two-thirds vote of members present and voting.

Article III. Judiciary (reiteration of Article 3 of the 1787 Constitution)

The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the House of Representatives may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as Parliament shall make.

The Trial of all crimes, except in cases of impeachment, shall be by an impartial judge, panel of judges or a jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as Parliament may by law have directed.

Treason against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them aid and comfort.

The House of Representatives may impeach a federal judge for treason, bribery of gross judicial misconduct.

Article IV. The United States (reiteration of Article 6 of the 1787 Constitution)

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the previous constitution.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding.

The senators and representatives hereafter mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Article V. Amending the Constitution (reiteration of Article 5 of the 1787 Constitution)

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