Legislative Department
All laws are written in the Legislative Branch. Nothing is obligated upon the people by government unless it has been reviewed, discussed or debated, and approved by their representatives and senators. A bicameral (dual chamber) legislature affords greater protection against shoddy or excessive lawmaking than a single assembly. These two chambers are termed herein House of Representatives and Senate. Laws should be clearly written and understandable.
... in the general Constitution, the House of Representatives will be elected immediately by the people, and represent them and their personal rights individually; the Senate will be elected by the state legislatures, and represent the states in their political capacity; and thus each branch will form a proper and independent check on the other, and the legislative powers will be advantageously balanced. (Charles C. Pinckney, Delegate from South Carolina IN: Jonathan Elliot, Debates in the Several State Conventions in the Adoption of the Federal Constitution, Vol. 4, pg. 38)
Article I, Sections
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Article I, Sections 1-2
House of Representatives
In the following sections, Domain is used in the place of the United States Government; Sub-domain is used in the
place of State government; and Legislature is
used in the place of Congress.
These are generic terms for all governments.
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Text enclosed within [brackets] is mine.
Section I.1.
Legislative Houses
Summary: A bicameral (dual chamber) legislature affords greater protection against shoddy or excessive lawmaking than a single assembly. These two chambers are termed herein House of Representatives and Senate. Laws should be clearly written and understandable.
I.1. Legislative Powers: All legislative powers herein granted shall be vested in a legislature of the [Domain], which shall consist of a Senate and House of Representatives. (U.S.C. I.1.)
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> The separation of powers is essential to prevent one branch of the government from amassing power to itself.
> Nothing is imposed upon the people unless it has been reviewed and approved by their Representatives and Senators. While regulations may apply to the operation of government agencies, they can have no force of law upon the people.
Section I.2.
House of Representatives
Summary: Members of the House of Representatives (Representatives) are locally chosen citizens, familiar with the needs and wants of their neighbors. They are elected for a two-year term and represent the will of the people. A two-term limit assures that Representatives are of the people; they must return to society, earn a living like those they temporarily represent, and live under the laws they make. Direct taxes and representation are both allocated proportionately to population. Voting districts are drawn to be uniform with respect to population, with boundary-to-area ratios as small as practicable, and Sub-domains undivided.
I.2.1. Composition, Term, Election, Term Limits: The House of Representative shall be composed of members chosen every second year by the people of the several [Sub-domains], and the electors of each [Sub-domain] shall have the qualifications requisite for electors of the most numerous branch of the [Sub-domain] legislature. Each member of the House of Representatives shall serve no more than two terms. (U.S.C. I.2.1.)
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> This makes the Domain a Democratic Republic, in that all registered voters, no matter their social position, title or wealth, have an equal say in whom they choose to represent them. This is not the same as a true democracy in which each person has an equal say in decision making.
> The two-term limit gives ample time for Representatives to learn the duties of office and to serve effectively, but limits an incentive to make a career of political office that would remove them from the life experiences of normal citizens.
> A frequent draw of Representatives from pool of ordinary citizens keeps this branch of the Legislature composed "of the people."
I.2.2. Qualifications: No person shall be a Representative who shall not have met the age and citizenship requirements specified in (to be determined), and who shall not, when elected, be an inhabitant of that [Sub-domain] in which he or she shall be chosen. (U.S.C. I.2.2.)
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> Citizenship and inhabitant requirements make it more likely that Representatives will be loyal to the Domain.
> Age and citizenship requirements will vary depending upon the level of government. Representatives to a town council, for example, will not require as old an age or length of time a member of the community, as for a state or national Representative.
I.2.3. Apportionment: Representatives and direct taxes shall be apportioned among the several Sub-domains which may be including within this Union according to their respective numbers. [Voting districts within each Sub-domain for the election of Representatives shall, as much as practicable, be (i) uniform as to population, (ii) have its boundary to area ratio as small as possible, and (iii) have its embedded domains undivided.] The actual enumeration shall be made within three years after the first meeting of the [Legislature of the Domain] and within each subsequent term of ten years, in such manner as they by law shall direct. The number of Representatives shall [be determined], but each [Sub-domain] shall have at least one Representative. (from U.S.C. I.2.3.)
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> All citizens have equal representation in the House. They also have an equal tax burden. (Indirect taxes such as a sales or use tax do not come under this restriction.)
> An income tax as presently imposed upon individuals in the United States is not allowed.
> This clause is designed to enable as much as practicable, people living in relative proximity to one another to elect their Representatives. It also prevents the deceitful practice of crafting districts with irregular boundaries for self-seeking political purposes and circumventing majority rule.
> Leaving embedded Domains undivided means that residents of a community can confer with their neighbors and consider together who should represent them.
I.2.4. Filling Vacancies: When vacancies happen in the representation of any [Sub-domain], the executive authority thereof shall issue writs of election to fill such vacancies. (U.S.C. I.2.4.)
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> Each Sub-domain is required to fill vacancies as soon as possible so that the people are always represented.
I.2.5. Officers, Impeachment: The House of Representatives shall choose their [chairperson] and other officers, and shall have the sole power of impeachment. (U.S.C. I.2.5.)
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> The House manages its own affairs, separate from all other branches of government.
> It may bring charges against officers of the Executive and Judicial branches when there is evidence of wrongdoing. This makes it possible to remove an evil or unqualified officer by peaceful means.
Article I, Section 3
The SENATE
Summary: Members of the Senate (Senators) are experienced lawmakers and statesmen, elected by Sub-domain legislatures. Each Sub-domain has equal representation, thereby protecting the smaller from the ambition and influence of the larger. A senate elected by Sub-domain legislatures protects their independence and the federalist system. It shields them from incompetence, over-reaching and other abuses by the Domain and provides a different view of their needs than a popularly elected body. The stability, experience and wisdom of the Senate curbs excessive lawmaking, resolves conflicting rules and stops popular but short-sighted measures originating in the House. It also provides a hedge against media bias which can easily sway popular opinion. The security afforded to Sub-domains by a Senate elected by their legislatures, rather than a popularly elected body, may make this system of government attractive to other nations or peoples who seek protection but want to manage their own local affairs. And it protects the people from runaway nationalism and abuse from a dominant majority.
The longer six-year term leads to stability and better understanding of extended situations. Sub-domain legislatures, compared with the people at large, are more knowledgeable of the capabilities of those whom they elect, tend to choose the most fit men and women available, and to replace those who have failed their trust. Each Sub-domain chooses two senators, and each senator has one vote, permitting each to vote independently. The President of the Senate is the Vice President of the Domain, enabling close communication between the Senate and Executive branch, although he or she has no vote except to break a tie. The Senate makes its own rules and has power to try impeachments.
I.3.1. Composition, Term, Election: The Senate of the [Domain] shall be composed of two Senators from each [Sub-domain], chosen from the legislature thereof for six years [but no more than two terms or fifteen years] and each Senator shall have one vote. (U.S.C. I.3.1.)
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> Each Sub-domain is always represented in the Senate.
> This protects the smaller Sub-domains from the ambitions and influence of the larger.
> The longer six year term leads to stability and better understanding of extended situations.
> There are many reasons why election of Senators by Sub-domain legislatures is superior to election by popular vote. Here are some:
1. It curbs the concentration of power by the Domain.
2. It preserves the federalist system.
3. It protects the rights of the people.
Alexander Hamilton: The State governments will . . . afford complete security against invasions of the public liberty by the national authority.
4. Senators elected by Sub-domain legislatures have different views on matters of state than if popularly elected.
5. A Senate thus selected provides stability. It tempers hasty and excessive lawmaking, grandstanding for public opinion, mob-like behavior of large assemblies, and short-sighted measures that might be taken in the House.
7. This clause counteracts media bias. A successful popular campaign usually requires lots of money which may be provided by large moneyed concerns, including foreign governments, and corporations. Laws might be passed that benefit only the special interests.
8. Sub-domain selection of Senators provides a hedge against political party dominance. Whereas popular election requires candidates to gather party support to win, Sub-domain selection depends much less on this support; it depends, rather, upon known qualities of the candidates.
9. Because Senators are elected by their peers, familiar with their character and abilities, those selected would more likely be wiser and better qualified than if popularly elected.
10. Election of Senators by Sub-domain legislatures relieves candidates of the need to stump for large amounts of money and lessens the temptation to legislate favors for those who give it to them.
11. Because incumbents need not spend much time campaigning, they will be less tempted to be absent from important senatorial duties.
12. The security afforded to Sub-domains by a Senate elected by their legislatures, rather than a popularly elected body, may make this system of government attractive to other nations or peoples who seek protection but want to manage their own local affairs.
13. A six-year term is needed for Senators to learn the
intricacies of their position including long term obligations and foreign affairs.
1.3.2. Classification, Filling vacancies: Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year. (U.S.C. I.3.2.)
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> Staggering the election of Senators assures that two-thirds of them always remain in office.
> Ongoing activities are better able to progress favorably, because most Senators are already familiar with them.
I.3.3. Qualifications: No person shall be a Senator who shall not have attained the [age and citizenship requirements to be determined], and who shall not, when elected, be an inhabitant of that [Sub-domain] from which chosen. (U.S.C. I.3.3)
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> A minimum age helps to ensure that Senators have adequate maturity, education and experience to fit them for the calling.
> Larger domains require greater maturity and experience.
> Citizenship requirements improve prospects that Senators will be loyal to the domain.
> The inhabitant requirement helps to ensure that Senators are familiar with local needs and circumstances.
I.3.4. President of the Senate: The Vice President of the [Domain] shall be president of the Senate, but shall have no vote unless they be equally divided. (U.S.C. I.3.4.)
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> A person elected to preside in the Senate represents all Sub-domains.
> He or she can communicate closely with the President. This is especially important regarding confidential matters and foreign affairs.
> Because the president has no vote except to break a tie, the Senate can conduct most of its affairs free of influence from the executive branch.
I.3.5. Other Officers: The Senate shall choose their other officers, and a president pro tempore, in the absence of the Vice-President, or when he [or she] shall exercise the office of President of the [Domain]. (U.S.C. I.3.5.)
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> This enables the Senate to conduct its meetings and proceedings free of every other governmental body.
> Being able to choose a replacement means it can continue to do business even when the Vice-President is absent.
I.3.6. Power to Try Impeachments: The Senate shall have the power to try all impeachments. When sitting for that purpose, they shall be [under] oath or affirmation. When the President of the [Domain] is tried, the Chief Justice shall preside. And no person shall be convicted without the concurrence of two-thirds of the members present. (U.S.C. I.3.6.)
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> Any executive or judicial officer may be removed for bad conduct, and this provision preempts the need for an assassination or rebellion to do it.
> Because the Senate appoints or confirms executive and judicial officers it may also withdraw them.
> An accused officer has the right to be tried by a body which is under oath to render a fair and just decision.
> Requiring a super-majority to convict protects the accused from partisan prejudices.
I.3.7. Penalty for Impeachment: Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the [Domain]: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law. (U.S.C. I.3.7.)
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> This allows the Senate to remove an inept or corrupt officer and exclude the officer from future public service.
> On the other hand it shields the guilty person from other punishments. This is not punishment for a crime. Rather it protects the Domain from future harm caused by an errant officer.
> No one is above the law. An officer can still be convicted and punished under civil or common law like any other citizen.
Article I, Section 4
Elections and Meetings
Summary: Elections for Senators and Representatives are held on Tuesday following the first Monday in November, unless otherwise determined by law, and on the same day throughout the Domain. Representatives must be inhabitants of the district they represent.
Senators are elected by majority vote of each Sub-domain’s legislatures jointly assembled and each legislator has one vote. The Domain Legislature may modify voting regulations, except as to the place of choosing Senators. The Legislature meets at least once each year.
I.4.1. Manner and Regulation of Elections: [The time for holding elections for Senators and Representatives shall be on Tuesday following the first Monday in November of every even numbered year. Senators shall be elected by simple majority vote by each Sub-domain's legislatures jointly assembled, which shall remain in session until they elect Senators to represent them. Each round of voting shall be for one half of the slate of nominees, or for one half of the slate plus one if the slate contains an odd number, except when only one remains who shall be the elected Senator. The Quorum for electing Senators shall be one-half of the combined Sub-domain legislative houses and each legislator shall have one vote. Representatives shall be elected in each Representative district, in which they shall be an inhabitant, by registered voters who are inhabitants of the same.]
The Legislature may at any time by law make or alter such regulations except as to the places of choosing Senators. (U.S.C. I.4.1.)
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> This new procedure is designed to secure a true bicameral legislature and to protect the federalist system.
> It is written to correct some of the problems that led to passage of the Seventeenth Amendment which changed the mode of electing Senators from state legislative appointment to popular vote.
> It is designed to prevent an impasse or failure of Sub-domains to elect a Senator, including delays, irresolvable conflicts between legislative bodies, or failure to secure a quorum.
> Sub-domain election, rather than popular election of Senators, secures the vertical separation of powers by providing a check on the prolific lawmaking of a popular assembly. This check provides a bulwark against government's enlarging itself well beyond its clearly defined powers, imposing its will upon Sub-domain sovereignty and individual freedoms. And it forms a hedge against creeping Nationalism.
I.4.2. Meeting of the Legislature: The [Legislature] shall assemble at least once in every year and such meeting shall be on the third day in January unless they by law shall appoint a different day. (U.S.C. I.4.2.)
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> Having a general election day simplifies the election process, reduces costs and makes voting more convenient.
Article I, Section 5
Rules and Proceedings
Summary: Each House determines the accuracy of election returns and judges the qualifications of its own members. A majority of each House constitutes a quorum for voting on bills, amendments and resolutions. Each House determines its own procedural rules, disciplines its members and keeps a journal of its proceedings. Extended adjournments require the consent of both Houses. Senators and Representatives are paid out of the Domain treasury for their services and necessary expenses. They are protected from frivolous arrests and lawsuits. They cannot accept appointments to any civil office of the Domain during their tenure.
I.5.1. Elections and Qualifications of Members: 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. (U.S.C. I.5.1.)
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> Each House determines if their members have been properly elected, and if new members are qualified.
> No law can be passed unless a majority (quorum) are present, preventing small groups with specious motives from passing laws.
> All motions are decided by majority vote unless the Constitution specifies otherwise. Requiring more than a majority would allow a minority to sabotage the work by refusing to attend.
> Although a quorum must be present at the opening of the day and be available to do business, all are not required to vote. However without requiring a quorum to be present, at least initially, a few, by refusing to vote, could halt progress.
I.5.2. Rules of Proceedings: 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. (U.S.C. I.5.3.)
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> Each House may take care of its business with no interference from an outside person or group.
> It can take needful action to maintain order and decency.
> Requiring a two-thirds vote to expel a member protects him or her from trivial or partisan schemes by a bare majority.
I.5.3. Journal: Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such 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. (U.S.C. I.5.4.)
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> Each House must report on its proceedings. The work of legislation is public. The people have a right to know how well they are represented.
> No specific period for publication is given; however it should be frequent enough for the electorate to review their Senators' and Representatives' work.
> Some items, for security or because they are too sensitive, may be temporarily withheld from publication.
> Accuracy but not excessive detail is required. This does not mean a legislator may alter what was actually said to accord with what he or she may want people to think was said.
I.5.4. Adjournment: Neither House, during the session of [the Legislature], without the consent of the other, adjourn for more than three days, nor to any other place that that a in which the two Houses shall be sitting. (U.S.C. I.5.5.)
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> This provision prevents one of the Houses from shutting down the work for a long time without the consent of the other.
> It also requires each house to be available to the other so that bills passed by one may be conveniently considered by the other.
Article I, Section 6
Privileges and Restrictions
Summary: Senators and Representatives are paid out of the Domain treasury for their services. Except for treason, felony, and breach of peace, they are free from arrest while in the Legislature, and when going to and from. They may not be punished for any speech they give in the Legislature.
No Senator or Representative may be appointed to any civil office of the Domain during his or her time in office, and the compensation received cannot be increased. Further, no person employed in a civil office of the Domain can be a Senator or Representative.
I.6.1. Pay and Privileges: The Senators and Representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury of the [Domain]. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. (U.S.C. I.6.1.)
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> Compensation by the Domain, rather than a stipend from the Sub-domains, encourages cooperation among members and adds to their independence. If they were paid by the Sub-domains, they would merely be its agents rather than working for the people.
> Term limits removes Senators and Representatives from the temptation to vote themselves high salaries and perks because they would enjoy only one term at the higher rate.
> Elected offices must not become places of profit, nor be used
for campaigning, to sway popular opinion or to enjoy lavish benefits.
> Because members of the Legislature are paid from the Domain treasury, even a poor citizen can become a Senator or Representative.
> Senators and Representatives are free from petty suits, harassment and arrest while in session and traveling to and from work; and, while they are in session they may speak freely on any subject or about any person or program without fear of being charged with libel or slander. However, they should be courteous and use common decency and propriety.
I.6.2. Holding Other Offices Prohibited: No Senator or Representative shall, during the time for which elected, be appointed to any civil office under the authority of the Domain, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the Domain shall be a member of either House during his or her continuance in office. (U.S.C. I.6.2.)
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> Senators and Representatives cannot be appointed to an administrative position which they have helped to create while in office, nor can they hold a concurrent administrative position.
> This helps them maintain their independence. It discourages them from seeking favors from the executive in exchange for passing laws that favor the executive's objectives rather than those of the people they represent.
> However they are not prevented from serving in positions in other domains. Too many restrictions would keep capable public servants from seeking legislative office.
Article I, Section 7
Procedure for Passing Laws
Summary: Revenue bills originate in the House of Representatives. Other bills and amendments may be proposed by either House. Before any bill becomes law, it must be approved by both Houses and submitted to the President. If he or she approves it and signs it, it becomes law. If he or she objects, it is returned with objections to the originating House. The Legislature may override this "veto" by a two-thirds vote of both Houses. If they cannot muster a two-thirds vote, the bill dies or is reworked to become acceptable to the President. All orders, resolutions or votes, with noted exceptions, must be presented to the President and dealt with like any other bill.
I.7.1. Revenue Bills: All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills. (U.S.C. I.7.1)
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> Only the people's Representatives can originate tax bills.
> Senators' longer term in office and closer cooperation with the executive branch for long-term projects and international affairs, may dispose them to fund programs wanted by the President but not wanted by the people.
> Although revenue bills must originate in the House, other bills, including spending bills, may originate in either chamber.
> Printing money is counterfeiting and not allowed under this Constitution. It effectively steals from the people the value of their money without their consent.
I.7.2. Procedure for Passing Laws: Every bill which shall have passed the House of Representatives and Senate shall, before it becomes law, be presented to the President of the [Domain]. If the [President] approves, he [or she] shall sign it, but if not, return it with objections to that House in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If, after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to t
he other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all cases the votes of both Houses shall be determined by yeas and nays and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him [or her], the same shall be a law, in like manner as if signed, unless the [Legislature] by their adjournment prevent its return, in which case it shall not be a law. (U.S.C. I.7.2.)
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> Because the President must execute the laws, and implement all programs assigned by the Legislature, he or she needs a reasonable time to review legislation before signing it into law.
> The presidential veto protects the executive as well as the
people against abuses from bad legislation.
> If the President vetoes a bill, the Legislature can review the President's objections to it. If they do not agree, they may attempt to override the veto by a two-thirds vote in both Houses.
(Comment: Some recent bills written by the U.S. Congress are hundreds of pages long. Ten days is clearly inadequate to review them properly. Such monstrosities should be vetoed on face value.)
I.7.3. President's Approval or Disapproval: Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a questions of adjournment, [amending the Constitution,, and to matters strictly among themselves]) shall be presented to the President of the [Domain]; and before the same shall take effect, shall be approved by him [or her], or, being disapproved, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. (U.S.C. I.7.3.)
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> With this procedure, the Legislature and President have reasonable checks on one another which protects the people from bad legislation.