Constitutional Idea Not real just an idea.
Constitution of the United States of America [Revised Conceptual Full Draft]
Preamble
We the People of the United States, in Order to form a more perfect Union, establish Justice based on the equal dignity of all, ensure domestic Tranquility, provide for the common defence, promote the general Welfare including the security and well-being of all persons, and secure the Blessings of Liberty and Equality to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. We declare that all human beings are created equal, endowed with inherent dignity and certain unalienable Rights.
Article I: The Legislative Branch
- Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
- Section 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States… No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen… Representatives and direct Taxes shall be apportioned among the several States… The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
- Section 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof [later modified by Amendment XVII], for six Years; and each Senator shall have one Vote… No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen… The Senate shall have the sole Power to try all Impeachments…
- Section 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations…
- Section 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members… Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member…
- Section 6. The Senators and Representatives shall receive a Compensation for their Services… they shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session…
- Section 7. All Bills for raising Revenue shall originate in the House of Representatives… Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States…
- Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises… To borrow Money… To regulate Commerce… To establish an uniform Rule of Naturalization… To coin Money… To provide for the Punishment of counterfeiting… To establish Post Offices… To promote the Progress of Science and useful Arts… To constitute Tribunals inferior to the supreme Court… To define and punish Piracies… To declare War… To raise and support Armies… 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 provide for organizing, arming, and disciplining, the Militia… To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may… become the Seat of the Government…; To promote the general Welfare by establishing and maintaining systems for social security and support, ensuring such systems are accessible and administered equitably… And 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, provided such Laws comply fully with the guarantees enumerated in this Constitution, including the Bill of Rights.
- Section 9. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census [later modified by Amendment XVI]… No Title of Nobility shall be granted…
- Section 10. No State shall enter into any Treaty, Alliance, or Confederation… coin Money… pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility… No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports… lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded…
Article II: The Executive Branch
- Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years [later modified by Amendment XXII], and, together with the Vice President, chosen for the same Term, be elected, as follows [details on electors, later modified by Amendment XII]… No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States… [Provision for succession, later modified by Amendment XXV]… The President shall, at stated Times, receive for his Services, a Compensation… Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States, upholding the rights and dignities it enshrines.”
- Section 2. The President shall be Commander in Chief of the Army and Navy… he shall have Power to grant Reprieves and Pardons… He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties… appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States…
- Section 3. He shall from time to time give to the Congress Information of the State of the Union… he may, on extraordinary Occasions, convene both Houses… he shall receive Ambassadors… he shall take Care that the Laws be faithfully executed, ensuring enforcement and administration uphold the principles of equal protection and non-discrimination as enshrined in this Constitution… and shall Commission all the Officers of the United States.
- Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article III: The Judicial Branch
- Section 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
- Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties… to all Cases affecting Ambassadors… to all Cases of admiralty and maritime Jurisdiction… to Controversies to which the United States shall be a Party… to Controversies between two or more States… between a State and Citizens of another State [later modified by Amendment XI]… between Citizens of different States… In all Cases affecting Ambassadors…, the supreme Court shall have original Jurisdiction. In all the other Cases…, the supreme Court shall have appellate Jurisdiction… The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury…
- Section 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses… The Congress shall have Power to declare the Punishment of Treason…
Article IV: The States
- Section 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State…
- Section 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice… shall on Demand of the executive Authority of the State from which he fled, be delivered up… [Clause regarding fugitive slaves historically rendered obsolete by Amendment XIII]. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws, without discrimination on any ground enumerated in this Constitution.
- Section 3. New States may be admitted by the Congress into this Union… The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States…
- Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Article V: Amendment
- The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof… Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. Amendments must be consistent with the core principles of human dignity and equality enshrined herein.
Article VI: Debts, Supremacy, Oaths
- 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 Confederation.
- 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 before 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 VII: Ratification
- The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
Bill of Rights and Subsequent Amendments [Conceptual Draft including modifications]
Amendment I
Congress shall make no 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.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment III
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.
Amendment IV
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.
Amendment V [Modified]
No person shall be held to answer for a capital, or otherwise 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 offence 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.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…; 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 defence.
Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
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.
Amendment XI
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Amendment XII
[Outlines the procedure for electing the President and Vice President by the Electoral College, correcting issues in the original Article II process.]
Amendment XIII
- Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
- Section 2. Congress shall have power to enforce this article by appropriate legislation.
Amendment XIV [Modified and Expanded]
- Section 1. All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the State wherein they reside. All persons within the jurisdiction of the United States shall possess inherent dignity and are entitled to the full and equal protection of the laws. Neither the United States nor any State shall make or enforce any law which shall abridge the privileges or immunities of persons; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Protection shall be guaranteed without discrimination on the basis of race, color, ethnicity, sex, gender identity, gender expression, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth, age, disability, health status, socioeconomic status, or any other arbitrary classification. The term “persons” throughout this Constitution encompasses all human beings.
- Section 2. [Representation clauses adjusted historically; focus shifts to enforcement]. Congress shall have the power to enforce, by appropriate legislation, the provisions of this article, including enacting measures to prevent and remedy discrimination affecting any group protected herein, ensuring equal opportunity in areas including employment, housing, public accommodations, and healthcare access consistent with an individual’s identity.
- [Sections 3, 4, 5 regarding post-Civil War issues and debt are retained for historical context reference but the primary force is in Sections 1 and the enforcement power derived from it].
Amendment XV
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. [Reinforces the broader equality mandate of Amendment XIV].
Amendment XVI
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
Amendment XVII
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years… [Details on election and vacancies].
Amendment XIX
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. [Reinforces the broader equality mandate of Amendment XIV].
Amendment XX
[Sets the dates at which federal government elected offices end (Lame Duck Amendment)].
Amendment XXI
[Repealed the Eighteenth Amendment (Prohibition)].
Amendment XXII
No person shall be elected to the office of the President more than twice… [Details on term limits].
Amendment XXIII
[Grants the District of Columbia electors in the Electoral College].
Amendment XXIV
The right of citizens of the United States to vote in any primary or other election for President or Vice President… shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. [Reinforces the broader equality mandate of Amendment XIV].
Amendment XXV
[Codifies Presidential succession and disability procedures].
Amendment XXVI
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. [Reinforces the broader equality mandate of Amendment XIV].
Amendment XXVII
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
Conceptual Amendment XXVIII [Protection of Social Security]
The right of the people to social security, ensuring a basic standard of living and support in circumstances including disability, sickness, old age, or unemployment, shall not be infringed. The systems established by Congress for this purpose, such as Social Security Administration programs and Social Security Disability Insurance, shall be maintained and administered fairly, equitably, and without arbitrary deprivation or unlawful discrimination against eligible beneficiaries based on any status protected by this Constitution. Congress shall ensure adequate funding and access to these essential support systems as part of promoting the general Welfare.
Conceptual Amendment XXIX [Right to Privacy and Bodily Autonomy]
The right of the people to privacy in their persons, associations, homes, papers, communications, and personal decisions, including those concerning their own bodies, healthcare, family formation, identity, and relationships, shall not be violated. No unreasonable intrusion by the government into these private spheres shall be permitted, nor shall fundamental personal decisions be unduly burdened by law.
Again, this is a complex blend of existing structure and new principles for thought experiment purposes only.