Blueprint for a Better Government

“Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed it has been said that democracy is the worst form of Government except for all those other forms that have been tried from time to time…” -Winston Churchill.

Quick Links (author’s note: sorry, the quick links are broken at the moment…)

• Part One: The Outline
• Part Two: The Executive Branch
• Part Three: The Legislative Branch
• Part Four: The Judicial Branch
• Part Five: The Electoral College
• Part Six: The Bill of Rights
• Part Seven: General Welfare and Common Good

Part One: The Outline

The Constitution of the United States was written in 1787, and while it was a revolutionary legal document at the time, that was two hundred and thirty three years ago. While the Constitution can be amended to keep up with the times, the amendment process is painfully slow. The most recent constitutional amendment, the 27th amendment, was proposed in 1789 and ratified in 1992. But if you could radically overhaul the constitutional system, what changes would you make? This entire premise is centered on the ability to start from a blank slate; any political considerations to get two-thirds of the states to ratify changes is thrown out the window.

There are two primary goals this new system is trying to work towards. One is for it to ‘work’; the government has to be efficient, effective, and capable of action. The other primary goal is that the system must promote a ‘free’ society, in that the power of the government is derived from the people and therefore accountable to the people. Goals inherent to the system are to prevent corruption, military coups, conspiracies, and authoritarianism.

The Executive Branch: The power of the executive branch is divided amongst the members of an Executive Committee whose positions correspond to the cabinet in the existing federal government of the United States. Each member of the Executive Committee is elected separately by the people, staggered every two years, to serve a maximum of two consecutive six year terms. Executive Committee members who have served for two terms in one position may stand for election and serve in another position, such an outgoing Attorney General running for election as President.

The Legislative Branch: The Legislative branch of the new system is largely the same as the old one; a bicameral system featuring a House of Representatives and a Senate. Representatives in the House may serve a maximum of three consecutive four terms, while Senators may serve a maximum of two consecutive six year terms.

The Judicial Branch: The Judicial branch is also very much the same in this system as it is in the existing United States government. At the top of the court system is the Supreme Court, with nine justices. Justices are nominated by the President and approved by the Senate for one twelve year term. At the end of that term justices may choose to be nominated for another term, but must once again seek Senate approval. There are no limits on how many terms a Justice may serve.

Part Two: The Executive Branch

The Executive Committee: The Executive Branch is led by an Executive Committee made up of seven members. Each is elected separately (except for the President and Vice President), staggered every two years, and may serve a maximum of two consecutive six year terms.

After an initial election when this system is adopted, the President and Vice President will serve full six year terms, the Secretaries of State and Treasury two year terms, and the Attorney General and the Secretaries of Defense and Interior four year terms, setting up a regular schedule of national elections once every two years.

• President: Head of state, Commander-in-Chief
  • Vetoes laws
  • Gives an annual State of the Union address to Congress
  • Declares states of emergency
  • Nominates judicial appointments
  • Grant pardons and commutes sentences
  • Head of the National Councils
  • Commander in Chief of the military (operational wartime command)
• Vice President: Chancellor of the Senate
  • Breaks tie votes in the Senate
  • Presides over joint sessions of Congress
• Secretary of State: Foreign Minister
  • Negotiates with foreign governments on trade and other agreements
  • Nominates ambassadors
  • Remove foreign diplomats from office
  • Nominates Director of National Intelligence and Director of the Central Intelligence Agency
• Secretary of the Treasury: Finance Minister
  • Manages financial policy
  • Nominates Federal Reserve board members, the Internal Revenue Service Commissioner, and the Chiefs of Labor, Commerce, Trade, the Director of the Office of Management and Budget, and the Director of the Consumer Financial Protection Bureau.
• Secretary of Defense: Defense Minister
  • Nominates generals and admirals
  • Proposes budgets for the Department of Defense
  • Outlines general Department of Defense policy
• Attorney General: Chief Law Enforcement Officer
  • Nominates chiefs of Department of Justice, Homeland Security, and FEMA.
  • Nominates federal attorneys.
  • Represents the Executive Branch in court.
  • Appoints a Special Counsel to investigate misconduct or potential crimes by other members of the executive branch. Once appointed, Special Counsels operated independently of the Attorney General, while providing frequent reports to the House and Senate Justice committees. Special Counsels may also be appointed by Congress.
• Secretary of the Interior: Interior Minister
  • Nominates the Chiefs of the Department of Energy, Transportation, Education, Health and Human Services, Agriculture, NASA, US Geological Survey, Bureau of Land Management, the National Park System, and the Environmental Protection Agency.
  • Proposes budgets for divisions underneath the Department of the Interior

Members of the Executive Committee may be impeached by the House of Representatives and removed from office following a trial in the Senate, presided over by the Chief Justice of the Supreme Court. If a member of the Executive Committee is removed from office, resigns, or is unable to fulfill their duties because of death or illness, a replacement shall be nominated by the House of Representatives and approved by the Senate to serve the remainder of the term. Each Executive Committee position has its own line of succession to temporarily fill any vacant positions.

Joint Committees: All joint committees are convened and presided over by the President. Committees vote on resolutions to form executive orders. Additions or subtractions to the membership of any committee must be approved by Congress.

• National Security Council: Coordinates policy on national security matters.
  • Members consist of: President, Vice President, Secretary of State, Secretary of Defense, Secretary of Energy, Chairman of the Joint Chiefs of Staff, Director of National Intelligence, National Security Advisor, White House Chief of Staff, Dpty. National Security Advisor, Attorney General, Director of Homeland Security, White House Counsel, Ambassador to the United Nations, Homeland Security Advisor
• National Economic Council: Drafts and collates annual budget requests for Congressional approval.
  • Members consist of:  President, Vice President, Secretaries of State, Treasury, Interior; Federal Reserve Chair; IRS Commissioner; Chiefs of Labor, Commerce, Trade, Transportation, Agriculture.
• National Science Council: Sets priorities and fosters cooperation between research agencies. Issues research grants and designates national laboratories.
  • Members consist of: President, Vice President, Secretaries of the Interior and Defense; Chiefs of National Science Foundation, Energy, NASA, EPA, Transportation, Education, Agriculture, Health
• National Education Council: Sets priorities and fosters cooperation between government agencies to improve the quality of education.
  • Members consist of: President, Vice President, Attorney General, Secretary of the Interior; Chiefs of Education, Health, NASA, Smithsonian Institution, National Endowment for the Arts, National Endowment for the Humanities
• National Health Council: Sets priorities and fosters cooperation between government agencies to promote the health and well being of all. Coordinates government agencies during times of national emergency.
  • Members consist of: President, Vice President, Attorney General; Secretaries of Interior; Chiefs of EPA, Transportation, Education, Health, Agriculture, FDA, NIH, CDC

Presidential Succession: In the event that the President is unable to fulfill their duties wether due to death, incapacitation, resignation, or removal from office, other members of the Executive Committee will fulfill that position for the remainder of the existing term in the following order:

Vice President, Secretary of State, Secretary of the Treasury, Secretary of the Interior, Attorney General, Secretary of Defense

If none of the Executive Committee members can fulfill the role of President (for example, if the Attorney General has previously served two terms as President), the line of succession will devolve to the following officials:

Speaker of the House, Senate Majority Leader, Chief Justice of the Supreme Court, Director of Homeland Security, Director of the FBI, Director of FEMA, Director of the Energy Department, Secretary of Commerce, Secretary of Agriculture, Secretary of Labor, Secretary Education, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Veteran Affairs, Secretary of the Army, Secretary of the Navy, Secretary of the Air Force, Secretary of the Space Force.

During Presidential Inaugurations or State of the Union addresses the Directors of Homeland Security, FBI, and FEMA are required to be in separate parts of the country in the event of a nuclear attack on the capital, or another type of disaster that could wipe out the Presidential line of succession, along with the secondary officers from each member of the Executive Committee according to their individual office’s line of succession. 

If an attack would require the Director of Homeland Security, FBI, FEMA, or Energy Department to assume the office of the President, such an attack would also have wiped out Congress and the Chief Justice of the Supreme Court. In such a case the Senate would be reformed at an appropriate location; members of this provincial Senate would be made up of the Governors of each of the States. The provincial House of Representatives would be reformed with the Speaker of the House and the Senate Majority Leader from each state. A member of the Supreme Court should accompany those designated officials in case one of them needs to be sworn in, chosen by the Chief Justice of the Supreme Court beforehand. In case of a communication disruption between regions of the country, each official would assume temporary control of their region (West Coast, East Coast, Southern States region, and Northern States region) until the status of other persons in the line of succession can be established. 

In the event that no member of the Executive Committee (Vice President, Secretaries of State, Treasury, Interior, Attorney General, and Defense) can assume the office of the President, the acting President, no matter how far down the line of succession, is required to order new elections to replace each office on the Executive Committee within two years of assuming office.

Part Three: The Legislative Branch

Congress is a bicameral body, with an upper chamber named the Senate and a lower chamber named the House of Representatives. Collectively, the duties of Congress are to: pass laws, appropriate funds, declare war, conduct oversight of the Executive Branch, conduct impeachment hearing, and approve Executive and Judicial appointments.

The House of Representatives:

• Members may serve up to three consecutive four year terms.
• Conducts impeachment proceedings
• Elect new Executive Committee members in event of death, resignation, removal, or incapacitation to permanently fulfill that position until the next federal election.
• Elect Executive Committee members in the event of an electoral college tie.

The Senate

• Members may serve up to two consecutive six year terms.
• Conduct trials of Executive Committee members following successful impeachment proceedings. A vote of guilty by the Senate removes that official from office and prevents them from holding any federal office in the future
• Ratifies treaties
• May override Presidential vetoes with a two thirds majority vote.
• Approves Executive and Judicial branch nominees. The Senate is required to vote on all nominations within ninety days. If the Senate chooses not vote, or is unable to vote, on a nominee that nominee is considered approved.

If Congress fails to pass an annual budget funding will continue at the previous year’s levels. In such a scenario Directors and Department Heads will be able reallocate money from programs that have ended in the previous budget year as they see fit until a new budget is passed.

Part Four: The Judicial Branch

The Judicial branch makes up the legal court system of the federal government. Federal courts preside over lawsuits between states or issues that cross state borders. The hierarchy of Judicial Branch consists from bottom to top of: the District Courts, the Court of Appeals, and the Supreme Court.

The Supreme Court: The highest judicial body in the federal government, consisting of nine justices, one of which is the Chief Justice. Supreme Court Justices are nominated by the President and approved by the Senate to fulfill one twelve year term. At the end of that term they do not need another Presidential nomination to seek another term, but must submit themselves to the Senate for another approval vote. The Senate is required to vote on Judicial nominees within 90 days of their nomination or decision to seek another term.

• Determines if laws are constitutional
• The Chief Justice presides over impeachment trials in the Senate
• Appoints committees to draw Congressional districts based on the national Census. A majority vote by the Supreme Court approves the borders of and number of Congressional districts

Part Five: The Electoral College and Elections

• Members of the Executive Committee will be elected by an Electoral College, with each Elector’s vote being decided by the popular vote in the Congressional District they represent, and not on a state-by-state basis as in the current Electoral College system.
• Electors are required to vote for the candidates that won their Congressional district. Congressional districts will be drawn by Committees appointed by the courts of each state, and not by state legislators. Being a member of the Electoral College is a ceremonial role.
• Ranked Choice Voting: Voters will choose candidates via ranked choice voting, selecting their favorite three candidates as a first, second, and third choice. If no candidate reaches a majority of the vote as the first preference, the candidate with the lowest vote total will be dropped off and their votes will be reallocated to the remaining candidates based on their voters second choices. The process will repeat until a candidate reaches a majority. The results of this process allocates an Electoral Vote that represent the people of that Congressional district.
• In the event of an Electoral College tie, where no candidate wins a majority of congressional districts, the House of Representatives will hold an election. In the event of a tie in the House, the current Vice President will cast a tie breaking vote.
• Non-state territories are granted electors in the electoral college and Representatives in the House, but not Senate representation.
• Federal elections are national holidays. All citizens are automatically registered to vote in the Congressional district in which they reside.
• Campaign Finance laws: Candidates for public office may only raise funds up to a maximum amount per elections cycle, regardless of wether funds are drawn from personal wealth or through donations. Fundraising for election campaigns may only take place during the calendar year of the election. Only funds raised after publicly declaring a candidacy may be used for the purposes of campaigning. Limits on maximum funds are set according to the office being campaigned for; less for local and state elections, more for federal election.

Part Six: The Bill of Rights

The Bill of Rights outlines specific rights deemed important enough to be enshrined in the Constitution itself. A three fifths majority vote in the House and Senate is required to propose a constitutional amendment. Following a successful vote in Congress amendments go to a national vote and require a simple majority to be adopted. Amendments included at the initiation of this system include:

• Freedom of religion; no state sponsored religion
• Freedom of speech, freedom of information, and freedom of the press; all citizens have the freedom of opinion and expression, and the freedom to seek, receive and impart information through any media. Freedom of information includes scientific research paid for through public funds, reporting of current affairs, and oversight of government by a free and independent press.
• Freedom of assembly; citizens have the right to assemble and join together into groups or unions for the purposes of promoting political ideas or other forms of political action, and to peacefully demonstrate in public.
• The Right to bear arms; citizens have the right to own and carry weapons necessary and adequate for self-defense and preservation on their own property. Limitations on carrying weapons in public may be decided by local businesses, municipalities, or state governments where other accommodations for security and well being are provided. Firearms necessary for the free exercise of game hunting are permissible.
• Members of the military or law enforcement are required to seek permission from property owners to make use of or quarter in homes or businesses during peacetime.
• Prohibit unreasonable searches and seizures. Law officials must obtain a warrant to access private information gathered by commercial entities.
• Right to a trial by grand jury, no double jeopardy, no eminent domain claims by of property without just compensation.
• Right to a speedy and fair public trial, right to a trial by jury in certain civil cases, protection against excessive bail, fines, and cruel or unusual punishment.
• Rights not enumerated by the Constitution are protected unless otherwise stated. The Federal Government only possesses the powers given to it by the states, the people through the Constitution, through acts of Congress, or by orders from the Judicial branch. Executive orders may not contradict or interfere with resolutions from Congress.
• No slavery or involuntary servitude, except for punishment of a crime, that does not violate protections against cruel or unusual punishment. 
• Natural born citizenship; the right to vote shall not be abridged in any way, including on the basis of race, color, religion, gender, or sexual identity. All citizens aged 18 or above may vote.
• The Rights granted by the Constitution and its amendments apply only to living persons, and not to private corporations or publicly owned corporations.

Part Seven: Issues regarding the general welfare and common good.

Universal Healthcare: The Federal government would offer a public health insurance plan to all residents. Private insurers may continue to offer plans that offer things not covered by public plans, or offer other services not provided by public plans. Employers and small business will no longer have to offer health insurance benefits. Universal healthcare would be paid for by the taxes that would normally go to Medicare, Medicaid, etc.

Universal Basic Income: All citizens upon their eighteenth birthday will be entitled to receive a monthly dividend from the Federal government sufficient to cover, or help cover, the basic costs of living such as food, clothing, housing, and utilities. Universal Basic Income would replace Social Security, food stamps, and other welfare systems. It also would also make a federal minimum wage unnecessary although local and state governments could set their own minimum wages if they wished to do so.

The Universal Basic Income would be funded through the creation of public fund, managed by the treasury department. The public fund would receive a proportion of tax revenue outlined by Congress, specifically taxes on initial public offerings, corporate mergers and acquisitions, proceeds from the sales of public land and assets, and a tax on the use of public assets (oil and natural gas, radio band spectrum, a carbon tax). In addition, the fund would be able to time purchases during downturns on the public market, providing the side benefit of an economic stimulus. Other investments by the fund would include small business loans and licensing technology arising out of public grants.

Minimum Wage: Because of the Universal Basic Income, a minimum wage would no longer be necessary for citizens. Workers who were living on minimum wage (and government assistance) would have basic needs covered by the UBI. Federal minimum wage would therefore only apply to non-citizens. This should incentivize companies to hire citizens over non-citizens for former minimum wage jobs. Cities and states would still be able to set their own minimum wage. 

Employee Corporate Governance Act: Publicly traded companies would be required to allow employees to vote on corporate governance issues, including electing 40% of the seats on corporate boards.  Corporate executives would be required to hold stocks they receive as compensation for five years before selling them, and at least three years after a stock buy back. Political activity by a company (funding or establishing political action committees) over a certain threshold corresponding to campaign finance limits would require approval of 75% of employees and 75% of the Executive Board.

Public Education: All high school graduates may enroll in any college, university, or technical school in the country, regardless of state residency. Colleges, universities, and technical schools would be tuition free. Rather than funding higher education through students loans and tuition payments, education institutes would receive a small percentage of the income of all graduates once they obtain employment in a career pertinent to their degree for a period of years corresponding to the level of that degree: two years for associates degrees, four years for a bachelors degrees, six years for master degrees, and eight years for doctorate degrees. Advanced degrees would add years, not replace them (plus two years for a bachelors degree, plus two years for a masters degree). Multiple degrees (two bachelor’s degree in two fields) would count separately.

Student Athletics: In a system with free tuition scholarships would be rendered obsolete, and thus could no longer be used to recruit students. Students recruited to represent universities in athletic programs would be considered employees and would be paid accordingly. Student athletes would receive a percentage of merchandise sells, divided equally amongst all athletes in all sports programs across an institution (including non-sport activities such as marching band). Athletes graduating from high school would not be required to attend college in order to play professional sports.

Primary and Secondary School Reforms: All primary schools (elementary through high school) would adopt year round schedules, adding a third semester during the summer. There would still be two week breaks between spring, summer, and fall semesters. Summer semesters at the high school level would be encouraged to emphasis vocational studies, team sports, and increased recreational activities.

Military and Government Contracting Reform: Cost-plus contracts for military and government programs would be banned. Instead contractors would burden the costs of delays or budget overruns.

Military Service for Citizenship: Immigrants seeking citizenship may earn that status after a tour of duty in the military or state militias (i.e the national guard). Other public service programs will be established modeled on the Civilian Conservation Corp for those who don’t wish to serve in the military, but where an equivalent level of service to the community can be provided over a period of time.