Some proposals:
1 - A Popular Sovereignty Initiative. This proposes a method where the Constitution can be amended without the approval of the states. As it stands, 13 states (that can represent as little as 5% of the population) can deny the passage of an amendment that might supported by the rest of the nation. Here's the proposal:
The president, after gaining election to a second term in office, may propose amendments that, if approved by the House and Senate, shall be placed on the ballot of the several states for consideration at the next two presidential elections. If sixty percent of the nation’s voters approve the amendment at both elections, it shall become a part of this Constitution.
2 - Informational Privacy. The ability of the public and private sector to obtain personal information has expanded greatly in the digital age, and this information can be processed, analyzed and shared very quickly. The Constitution does not adequately address this aspect of privacy, so the author proposes the following amendment:
“The people’s right to privacy in their data and communications shall not be abridged.”
The courts would then be in a position to determine what this means when cases are brought to it.
3 - Plea bargains and excessive punishment. The first is aimed at the practice of prosecutors to coerce defendants to accept plea bargains by charging them with crimes with stiff sentences in order to frighten them into giving up their right to a jury trial. Lesser sentences for plea bargains violate the right to a jury trial (which only happen in 5% of cases). This can be corrected with the following text:
Prosecutors may not seek higher penalties, nor may judges impose higher penalties, when defendants exercise their right to a jury trial.
The second is based on the argument that punishments in the US generally do not fit the crime. Politicians are awarded by claiming to be tough on crime and encouraging longer sentences for minor crimes. Here's the proposed text:
Excessive bail shall not be required, nor excessive fines imposed, nor excessive terms of incarceration, nor any other excessive form of criminal punishment, nor cruel and unusual punishment inflicted.
Mandatory punishments are prohibited. Courts must have discretion to alter punishments based on individual circumstances.
4 - Move the President's Inauguration closer to election day. Once it took a while for the Electoral College to meet and make their votes. That was a long time ago, and the two months between election day and inauguration only produce stalemate. The proposed language:
The president shall be chosen in an election open to all qualified voters within the United States. Should no candidate receive an absolute majority of those casting ballots, a run-off will be held between the top two candidates within two weeks of the initial ballot. He or she shall take office two weeks after Congress in joint session declares that a candidate has achieved majority approval. The new president, upon taking office, shall nominate someone to serve as vice president of the United States, who shall take office upon being confirmed by majority vote of both Houses of Congress, meeting in joint session.
5 - Elect the Attorney General. The authors makes a good point about the design of the presidency in the Constitution. It was vague because the framers had little idea about how to design such a novel office. The increase in the presidency's power has been an inevitable consequence. The Attorney General has facilitated this increase because the office is appointed by the president. If it was independently appointed - as it is in Texas - this would not occur. Here's the lengthy proposal:
The legal, law
enforcement and investigative functions of the Department of Justice and
other legal duties as shall be specified by law shall be vested in one
attorney general, who shall be elected by vote of the people for a term
of four years during those years in which members of Congress shall be
elected but no presidential election shall be conducted.
The
attorney general shall represent the United States and shall conduct
the law-enforcement and investigative functions of the department, and
all other duties as shall be assigned by law, in conformity with this
Constitution, laws made pursuant to it and treaties made or which shall
be made under the authority of the United States. In conducting his
duties, the Attorney General shall at all times safeguard the public
interest.
The attorney general shall give the president legal advice, in writing, at the president’s request and at other appropriate times and shall inform the president of the actions taken by the Justice Department, and shall attend sessions of the Cabinet; however, the president may not require the resignation of the attorney general.
The attorney general shall from time to time give to the Congress information of the state of the legal and law-enforcement policy and actions of the United States, and shall furnish to Congress information requested concerning the same, excepting only such information as may compromise ongoing legal investigations or reveal information properly classified.
