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You get to draft the Constitution. How do you do it?

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Nordengrund
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You get to draft the Constitution. How do you do it?

Postby Nordengrund » Wed Aug 16, 2017 11:29 am

The government of the U.S. receives a lot of criticism from both citizens and foreigners. Trump has polarized the country though one can argue that the POTUS is generally polarizing as a significant portion of the population did not want nor voted for him. Not only that, but the left and right are also becoming more polarizing and extreme (that, or they're just more vocal than moderates and centrists.) Citizens express frustration as their options under the two-party system or that their vote does not matter. Obama has been accused of overstepping constitutional boundaries and using executive orders, though I wouldn't be surprised to hear similar accusations about Trump. Could all of this been averted?

Let's say you are alive when the Colonies just gained their independence and you are chosen to draft the Constitution for them, how would you do it, and what would you change about the system? Keep in mind, that you'd need to get nine of thirteen colonies to approve of it in order to get it ratified, so there are some things you may disagree with that you might have to include in order to get it ratified.

I probably wouldn't change much other than maybe reduce the powers and role of the President. I think a valid point is raised when critics of the presidential system say that it gives too much power to one person, and I think POTUS is a pretty stressful job for one person to handle. Therefore, I'd probably take some ideas from parliamentary systems, and maybe have the President as the head of government or a ceremonial head of state, but not both. If the former, I'd give executive authority to his cabinet, functioning as a collective head of government, or maybe to the legislature, while still maintaining separation of powers between the branches.

I was going to say that I would make a more libertarian version of the government as the Framers wanted a strong central government, and they included the Bill of Rights to get the Antifederalists to sign it, but idk if that would have been plausible during that time in a country that large and diverse, and the Article of the Confederation did not appear to work very well.

What about you, what would you have done differently?
Last edited by Nordengrund on Wed Aug 16, 2017 4:32 pm, edited 4 times in total.
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Sovaal
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Postby Sovaal » Wed Aug 16, 2017 11:37 am

No protection of slavery. Besides that, not much.
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Diopolis
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Postby Diopolis » Wed Aug 16, 2017 12:01 pm

I'm not gonna lie, I'd have difficulty with not just making myself president for life.
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Ifreann
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Postby Ifreann » Wed Aug 16, 2017 12:50 pm

I'd have been assassinated for my radical, insane ideas about actually making all people equal, even if they're not white, not rich, or not men.
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Postby Thermodolia » Wed Aug 16, 2017 12:58 pm

Well first off I'd wonder who the hell thought it was a good idea to put me in charge of writing this thing
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Destructive Government Economic System
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Postby Destructive Government Economic System » Wed Aug 16, 2017 1:00 pm

You shouldn't let me write it, like, at all.
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Steffan
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Postby Steffan » Wed Aug 16, 2017 1:02 pm

Parts of it need to be revised. There should also be an amendment setting term limits for Congress.
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Postby Ifreann » Wed Aug 16, 2017 1:06 pm

Steffan wrote:Parts of it need to be revised. There should also be an amendment setting term limits for Congress.

No there shouldn't.
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Kanaria
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Postby Kanaria » Wed Aug 16, 2017 1:28 pm

Probably not change much.
I disapprove of presidentialism. That being said, the reason we adopted it was because parliaments (specifically Westminster's, but also local ones) became instruments of oppression against the colonists, and the goal was to restrain their tendency toward abuse while also not enabling authoritarian backsliding by the power of a single man.
Although I would have liked to outlaw slavery from the start and promote gender and racial equality I know a country that is 90% starving patriarchal peasantry won't be thinking that's a good idea for a while.
Destructive Government Economic System wrote:You shouldn't let me write it, like, at all.

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Eol Sha
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Postby Eol Sha » Wed Aug 16, 2017 1:39 pm

I don't think I'd change anything given how hard it was to pass the Constitution in the first place.
Sovaal wrote:No protection of slavery. Besides that, not much.

There's no country then.
Last edited by Eol Sha on Wed Aug 16, 2017 1:41 pm, edited 1 time in total.
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Telconi
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Postby Telconi » Wed Aug 16, 2017 1:39 pm

Eliminate FPTP presidential selection.

Codify Senate supermajority into constitution.

Clarify 2nd Amendment, clearly defining 'arms'

Extend voting rights as far as practical. Probably to natives and free blacks. Women wouldn't be likely.

Slaves held in bondage count as zero for census purposes.

Former slaves can vote.

Expand Federal government power to nullify state laws.
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Postby The Empire of Pretantia » Wed Aug 16, 2017 1:42 pm

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Vistulange
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Postby Vistulange » Wed Aug 16, 2017 1:43 pm

I'm willingly disregarding all of the historical circumstances and realities for the sake of a hypothetical constitution, so bear with me. Also, the following may not all be a constitutional issue - I'm not too familiar with the US Constitution, and some things I mention may just be laws, or maybe uncodified traditions. So, again, bear with me.

First off, I wouldn't make it a federal state. I'd make it into a unitary state with a lot of devolution to local governments, though - I'm not a huge fan of centralisation. I just feel that federalisation on the extent of the US is harmful, and the 21st century US is a much more centralised US than it used to be in the 18th century.

Second, slavery would be banned from day one. Yes, I'm preaching to the choir, sue me.

Third, make sure that it's proportional representation in both the House of Representatives and the Senate, though perhaps with a 3-5% threshold. Also, let's not have an Electoral College electing the President. In fact, you know what, let's make it a parliamentary republic as opposed to a presidential one.

Yes, that's it. Let's make it like the very country they broke away from - the United Kingdom - except with proportional distribution of seats in the parliament, as opposed to FPTP.

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Eol Sha
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Postby Eol Sha » Wed Aug 16, 2017 1:44 pm

Please bold this line, Nord:
Keep in mind, that you'd need to get nine of thirteen colonies to approve of it in order to get it ratified, so there are some things you may disagree with that you might have to include in order to get it ratified.
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Kubra
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Postby Kubra » Wed Aug 16, 2017 1:50 pm

write the declaration of the rights of man and citizen ad verbatim and then export the revolution to canada
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Improved werpland
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Postby Improved werpland » Wed Aug 16, 2017 1:56 pm

Make sure we had only one body in Congress, and that it resembled the House of Commons. Bloated Presidential authority has become a problem today too, though I don't think anything really needs to be fundamentally changed over there. If Congress were less obstructionist, I don't think there would have been a reason for the executive to get the way it now is anyway. In addition: there'd be no slavery, an amendment banning guns, etc.
Last edited by Improved werpland on Wed Aug 16, 2017 2:17 pm, edited 5 times in total.

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The House of Petain
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Postby The House of Petain » Wed Aug 16, 2017 1:59 pm

.
Last edited by The House of Petain on Wed Aug 16, 2017 2:04 pm, edited 1 time in total.
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Truemerica
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Postby Truemerica » Wed Aug 16, 2017 2:02 pm

I won't ALTER a word on the constitution
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Liberated Territories
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Postby Liberated Territories » Wed Aug 16, 2017 2:09 pm

I'd clarify what the "right to bear arms" means since some people still don't understand it.
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Valrifell
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Postby Valrifell » Wed Aug 16, 2017 2:11 pm

Liberated Territories wrote:I'd clarify what the "right to bear arms" means since some people still don't understand it.


It's the ambiguity that makes it timeless, though.
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Genivaria
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Postby Genivaria » Wed Aug 16, 2017 2:15 pm

Put in 'right to vote' just to clarify for the asshats who suppress votes.

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Imperium Sidhicum
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Postby Imperium Sidhicum » Wed Aug 16, 2017 2:16 pm

First specify the duties of citizens, and only then the rights and privileges that they shall receive for fulfilling them. Everything worded nice, simple and without any room for interpretation. Also include a point which explicitly states that failure to fulfill one's civil duties will result in partial or complete forfeiture of one's civil rights, the degree and duration depending on the nature of offense.
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Valrifell
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Postby Valrifell » Wed Aug 16, 2017 2:18 pm

Throw in Jefferson's idea about the Constitution needing to be redrafted after 20 years. Or, at least, some kind of easier process for amendment that is unlocked every 20 years for an amendment spree.
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Improved werpland
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Postby Improved werpland » Wed Aug 16, 2017 2:19 pm

Imperium Sidhicum wrote:First specify the duties of citizens, and only then the rights and privileges that they shall receive for fulfilling them. Everything worded nice, simple and without any room for interpretation. Also include a point which explicitly states that failure to fulfill one's civil duties will result in partial or complete forfeiture of one's civil rights, the degree and duration depending on the nature of offense.

Sounds very pre-Enlightenment. What would these duties be?

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Aclion
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Postby Aclion » Wed Aug 16, 2017 2:25 pm

I choose to complicate things even further, but hopefully also make things fairer and make it harder for an unpopular plurality to dominate other groups or hold up popular bills.

Presidential elections are now determined by instant-runoff vote, leading to parties rallying around moderates with widespread appeal rather then radicals.
Each states two Senate positions are filled in different ways. One goes back to being appointed by the state legislature; while the other is elected by statewide instant-runoff vote.
A third house is added to congress, making it Tricameral. It's 100 members are filled proportionately by a national party list.
Laws can now be passed with 60% of any two houses or 50% of all three.

A new amendment is quietly added between nine and ten.
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