Proposal
Opening
The Tricentennial Constitution, as conceived by Alvan Azinna Chibuzo Ikoku, is proposed below with the following four principles in mind.
On | Liberty
that the Constitution of the United States of America has been, from the first founding, imbued with a profound purpose to “secure the blessings of liberty.”
On | Liberal Democracy
that such purpose manifests in a form of government — liberal democracy — that is, by design, constituted to secure and serve the liberty of the people.
On | Liberties
that to fulfill such a purpose one must, together, ensure that government carries out a central task: to provide for and protect liberty and liberties for all.
On | Long Arc
that such purpose required a second founding, after a century of union, Emancipation, then a period of Reconstruction, where slavery was formally opposed to equal liberty for all. And it now requires a third founding of fulfillment, as the United States completes three centuries together, and we, in turn, join a multi-generational people endeavoring to perfect their union over the long arc of history.
Concluding
The Tricentennial Constitution offers a basis for this third founding.
Notes
The Congressional Globe: Containing the Debates and Proceedings of the First Session of the Thirty-Ninth Congress, Volume 39:1, p474, January 29, 1866.
Occassion
Comments by Senator Lyman Trumbull, Chair of the Senate Judiciary Committee, upon introduction of a draft section of the Civil Rights Act of 1866, which months later would serve as template for the first section of the 14th amendment to the US Constitution.
1st paragraph
“It is difficult, perhaps, to define accurately what slavery is and what liberty is. Liberty and slavery are opposite terms: one is opposed to the other. We know that in a civil government, in organized society, no such thing can exist as natural or absolute liberty. Natural liberty is defined to be the ‘power of acting as one thinks fit, without any restraint or control, unless by the law of nature, being a right inherent in us by birth, and one of the gifts of God to man in his creation, when he imbued him with the faculty of will.’”
2nd paragraph
“But every man who enters society gives up a part of this natural liberty, which is the liberty of the savage, the liberty which the wild beast has, for the advantages he obtains in the protection which civil government gives him. Civil liberty, or the liberty which a person enjoys in society, is thus defined by Blackstone: ‘civil liberty is no other than natural liberty, so far restrained by human laws and no further, as is necessary and expedient for the general advantage of the public.’”
3rd paragraph
“That is the liberty to which every citizen is entitled; that is the liberty which was intended to be secured by the Declaration of Independence and the Constitution of the United States originally, and more especially by the amendment which has recently been adopted; and in a note to Blackstone’s Commentaries it is stated that ‘in this definition of civil liberty it ought to be understood, or rather expressed, that the restraint introduced by the law should be equal to all, or as much so as the nature of things will admit.’”
4th paragraph
“Then, sir, I take it that any statute which is not equal to all, and which deprives any citizen of civil rights which are secured to other citizens, is an unjust encroachment upon his liberty; and is, in fact, a badge of servitude which, by the Constitution, is prohibited.”
Preamble
We | The People
We the People of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Notes
Preambles of both the US Constitution and the Declaration of Independence.
Current
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Amend Note
Amendments are to improve grammatical clarity and consistency.
of the Declaration
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the People to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.
Articles
Article I | The Legislature
— Section I
Article 1. Section 1. On Vesting in the Legislature.
Clause 1: Congressional Vesting
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.
Current
Same in construction and terms.
Amend Note
Amendments are to improve grammatical clarity and consistency.
— Section II
Article 1. Section 2. On Composition of Congress, with a House of Representatives.
Clause 1: House Composition
The House of Representatives shall be composed of Representatives from districts within each State drawn to represent approximately equal proportions of the people, elected by the people thereof, every two years, via direct voting in elections; thus the electors of Representatives shall be voters. The voters in each State shall have the qualifications requisite for voters of the most numerous branch of the state legislature.
Clause 2: House Vote
Each Representative shall have one vote.
Current
Clause 1: The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
Amend Note
Amendments are to (a) partially reflect those made in the 17th amendment for the Senate in Article 1, Section 3; (b) clarify approximately equal or proportional representation of districts; (c) clarify use of the term, Representative; (d) clarify distinction between Electoral College Electors and direct voting electors (voters); and (e) improve grammatical clarity and consistency.
Clause 3: House Qualification
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, by the time of taking of oath of office, and who shall not, when elected, be an inhabitant of that State in which the Representative shall be chosen. No person shall be eligible for election as Representative who has been constitutionally disqualified from holding such office through impeachment and conviction or disability due to insurrection or rebellion. No person shall be elected as Representative for more than twelve terms; and any person who has held the Office of Representative, or acted as Representative, for more than one year of a term to which some other person was elected Representative, shall be considered to have served a full term for the purposes of term limits.
Current
Clause 2: 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.
Amend Note
Amendments are to (a) clarify timing when age and citizenship requirement are to be met, in contrast to that for residency; (b) clarify who shall be chosen; (c) reflect disqualification clause of 14th amendment; (d) add a term limit provision; and (e) improve grammatical clarity and consistency.
Clause 4: House Seats
Representatives shall be apportioned among the several States of this union, according to their respective numbers, which shall be determined by adding the whole number of persons in each State. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as Congress shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative.
Current
Clause 3: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
Amend Note
Amendments are to: (a) remove census exclusion of Native Americans and census reduction (fraction) of other persons, namely, African and Black slaves; (b) remove listing of states then in union; (c) clarify Congress for “they;” (d) remove “direct taxes” so that issue may be treated clearly and succinctly in Article I, Section 8, Clause 1 and Section 9, Clause 4; (e) reduce vestigial words; and (f) improve grammatical clarity and consistency.
Clause 5: House Officers
The House of Representatives shall choose its Speaker and other Officers of the House of Representatives.
Current
Clause 5: The House of Representatives shall choose its Speaker and other Officers….
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 6: House Vacancies
When vacancies happen, by resignation or otherwise, in the representation from any State in the House of Representatives, the executive authority thereof shall issue writs of election to fill such vacancies.
Current
Clause 4: When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
Amend Note
Amendments are to (a) clarify that vacancy may occur through resignation and other means; (b) clarify vacancy in chamber as done in 17th amendment for Article 1, Section 3; and (c) improve grammatical clarity and consistency.
Clause 7: House Disability Self-Declaration
Whenever a Representative transmits to the Speaker of the House of Representatives a written self-declaration of inability to discharge the powers and duties of the Office of Representative, and until the Representative transmits a written declaration to the contrary, such powers and duties shall be discharged by the Speaker of the House of Representatives as an Acting Representative.
Current
None currently.
Amend Note
Amendments are to a disability provision equivalent to that for the President.
Clause 8: House Disability Officer-Declaration
Whenever an Officer of the House of Representatives and a majority of either the members of a Representative’s staff or of such other body as the House of Representatives may by law provide, transmit to the Speaker of the House of Representatives their written declaration that a Representative is unable to discharge the powers and duties of the Office of Representative, the Speaker of the House of Representatives shall immediately assume the powers and duties of the Office as an Acting Representative. Thereafter, when the Representative transmits to the Speaker of the House of Representatives a written declaration that no inability exists, the Representative shall resume the powers and duties of the Office of Representative unless an Officer of the House of Representatives and a majority of either the members of the Representative’s staff or of such other body as the House of Representatives may by law provide, transmit within four days to the Speaker of the House of Representatives their written declaration that the Representative is unable to discharge the powers and duties of the Office of Representative. Thereupon the House of Representatives shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the House, within twenty-one days after receipt of the latter written declaration, or, if the House is not in session, within twenty-one days after the House is required to assemble, determines by two-thirds vote of the Chamber that the Representative is unable to discharge the powers and duties of the Office of Representative, the Speaker of the House of Representatives shall continue to discharge the same as Acting Representative; otherwise, the Representative shall resume the powers and duties of the Office.
Current
None currently.
Amend Note
Amendments are to a disability provision equivalent to that for the President.
Clause 9: House Impeachment
The House of Representatives shall have the sole power of impeachment.
Current
Clause 5: … and shall have the sole Power of Impeachment.
Amend Note
Amendments are to improve grammatical clarity and consistency.
— Section III
Article 1. Section 3. On Composition of Congress, with a Senate.
Clause 1: Senate Composition
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years, via direct voting in elections; thus the electors of the Senators shall be voters. The voters in each State shall have the qualifications requisite for voters of the most numerous branch of the state legislature.
Clause 2: Senate Vote
Each Senator shall have one vote.
Current
Clause 1: The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
Amend Note
Amendments are to (a) reflect those made in the 17th amendment for the Senate in Article 1, Section 3; (b) clarify distinction between Electoral College Electors and direct voting electors (voters); and (c) improve grammatical clarity and consistency.
Clause 3: Senate Qualification
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, by the time of taking of oath of office, and who shall not, when elected, be an inhabitant of that State in which the Senator shall be chosen. No person shall be eligible for election as Senator who has been constitutionally disqualified from holding such office through impeachment and conviction or disability due to insurrection or rebellion. No person shall be elected as Senator for more than four terms; and any person who has held the Office of Senator, or acted as Senator, for more than three years of a term to which some other person was elected Senator, shall be considered to have served a full term for the purposes of term limits.
Amend
Clause 3: 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.
Amend Note
Amendments are to (a) clarify timing when age and citizenship requirement are to be met, in contrast to that for residency; (b) clarify who shall be chosen; (c) reflect disqualification clause of 14th amendment; (d) add term limit provision; and (e) improve grammatical clarity and consistency.
Clause 4: Senate Seats
The Senate shall be a continuous body of staggered elections; therefore, immediately after the Senate shall be assembled in consequence of the first or a reconstituting election, the Senate 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.
Clause 5: Senate Officers
The Senate shall choose other Officers of the Senate, and also a president pro tempore of the Senate, in the absence of the Vice President, or when the Vice President shall exercise the Office of President of the United States.
Current
Clause 5:The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
Amend Note
Amendments are to (a) clarify status of officers, president pro tempore; (b) clarify who is absent or exercising office of President; and (c) improve grammatical clarity and consistency.
Clause 6: Senate Vacancies
When vacancies happen, by resignation or otherwise, in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: provided that the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
Current
Clause 2: 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, and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
Amend Note
Amendments are to (a) clarify nature and purpose of the Senate’s elections are to ensure comparatively greater continuity of the legislative chamber through staggering; (b) reflect those made in the 17th amendment for the Senate in Article 1, Section 3; and (c) improve grammatical clarity and consistency.
Clause 7: Senate Disability Self-Declaration
Whenever a Senator transmits to the president pro tempore of the Senate a written self-declaration of inability to discharge the powers and duties of the Office of Senator, and until the Senator transmits a written declaration to the contrary, such powers and duties shall be discharged by the president pro tempore of the Senate as an Acting Senator.
Current
None currently.
Amend Note
Amendments are to a disability provision equivalent to that for the President.
Clause 8: Senate Disability Officer-Declaration
Whenever an Officer of the Senate and a majority of either the members of a Senator’s staff or of such other body as the Senate may by law provide, transmit to the president pro tempore of the Senate their written declaration that a Senator is unable to discharge the powers and duties of the Office of Senator, the president pro tempore of the Senate shall immediately assume the powers and duties of the Office as an Acting Senator. Thereafter, when the Senator transmits to the president pro tempore of the Senate a written declaration that no inability exists, the Senator shall resume the powers and duties of the Office of Senator unless an Officer of the Senate and a majority of either the members of the Senator’s staff or of such other body as the Senate may by law provide, transmit within four days to the president pro tempore of the Senate their written declaration that the Senator is unable to discharge the powers and duties of the Office of Senator. Thereupon the Senate shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Senate, within twenty-one days after receipt of the latter written declaration, or, if the Senate is not in session, within twenty-one days after the Senate is required to assemble, determines by two-thirds vote of the Chamber that the Senator is unable to discharge the powers and duties of the Office of Senator, the president pro tempore of the Senate shall continue to discharge the same as Acting Senator; otherwise, the Senator shall resume the powers and duties of the Office.
Current
None currently.
Amend Note
Amendments are to a disability provision equivalent to that for the President.
Clause 9: Senate Presidency
The Vice President of the United States shall be President of the Senate, but shall have no vote, unless the Senators be equally divided.
Current
Clause 4: The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
Amend Note
Amendments are to (a) clarify who are equally divided and (b) improve grammatical clarity and consistency.
Clause 10: Senate Impeachment Trial
The Senate shall have the sole power to try all impeachments. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice of the Supreme Court shall preside; and no person shall be convicted without the concurrence of two-thirds of the Senators present.
Current
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Amend Note
Amendments are to (a) clarify who shall be sitting for impeachment purposes, on oath and be the members two-thirds of which are required to concur; (b) clarify the court to which the justice belongs; (c) improve grammatical clarity and consistency.
Clause 11: Senate Impeachment Judgment
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 United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law.
Current
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 United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Amend Note
Amendments are to improve grammatical clarity and consistency.
— Section IV
Article 1. Section 4. On Elections and Sessions of Congress.
Clause 1: Congressional Elections.
The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but Congress may at any time by law make or alter such regulations.
Current
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, except as to the Places of chusing Senators.
Amend Note
Amendment is to (a) clarify the nullification of final causal exception by the 17th amendment and (b) improve grammatical clarity and consistency.
Clause 2: Congressional Sessions
Congress shall assemble at least once in every year, and such meeting shall begin at noon on the third day of January, unless Congress shall by law appoint a different day. The terms of Senators and Representatives shall end at noon on the 3d day of January of the years in which such terms shall end; and the terms of their successors shall then begin.
Current
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Amend Note
Amendments are to (a) reflect the date changes and term specifications made via 20th amendment; (b) clairfy who may appoint a different day; and (c) improve grammatical clarity and consistency.
— Section V
Article 1. Section 5. On Procedures of Congress.
Clause 1: Congressional Judgment of Elections
Each Chamber of Congress shall be the judge of the elections, returns, and qualifications of its own members.
Clause 2: Congressional Quorum
A majority of each Chamber of Congress 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 Chamber may provide.
Current
Clause 1: 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.
Amend Note
Amendments are to (a) clarify distinction between congressional chamber and House of Representatives and (b) improve grammatical clarity and consistency.
Clause 3: Congressional Rules Making
Each Chamber of Congress may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
Current
Clause 2: 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.
Amend Note
Amendments are to (a) clarify distinction between congressional chamber and House of Representatives and (b) improve grammatical clarity and consistency.
Clause 4: Congressional Records Keeping
Each Chamber of Congress shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in its judgment require secrecy; and the yeas and nays of the members of either Chamber on any question shall, at the desire of one-fifth of those present, be entered on the journal.
Current
Clause 3: Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts 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.
Amend Note
Amendments are to (a) clarify distinction between congressional chamber and House of Representatives and (b) improve grammatical clarity and consistency.
Clause 5: Congressional Adjournment
Neither Chamber of Congress, during the Session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Chambers shall be sitting.
Current
Clause 4: Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Amend Note
Amendments are to (a) clarify distinction between congressional chamber and House of Representatives and (b) improve grammatical clarity and consistency.
— Section VI
Article 1. Section 6. On Remunerations and Restrictions in Congress.
Clause 1: Congressional Remunerations
Each Senator and Representative shall, at stated times, receive for congressional services, a compensation to be ascertained by law and paid out of the Treasury of the United States, which shall neither be increased nor diminished during the term for which the Senator or Representative shall have been elected; and no Senator or Representative shall receive within that period any other emolument from the United States, or any of the States. No law, varying the compensation for the services of a Member of Congress shall take effect, until a subsequent election for the seat of the Member of Congress shall have intervened.
Current
Clause 1: The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States…. Also, 27th Amendment: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
Amend Note
Amendments are to (a) clarify identify of “their;” (b) have compensation and domestic emoluments clause be ethically equivalent for legislative, executive and judicial branches; (c) reflect and further clarify the intent and effect of the 27th amendment; and (d) improve grammatical clarity and consistency.
Clause 2: Congressional Privileges and Immunities
The Senators and Representatives 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 Chambers of Congress, and in going to and returning from the same; and for any speech or debate in either Chamber, they shall not be questioned in any other place.
Current
Clause 1: ….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.
Amend Note
Amendments are to (a) clarify identify of “they;” (b) clarify distinction between congressional chamber and House of Representatives; and (c) improve grammatical clarity and consistency.
Clause 3: Congressional Office Restrictions
No Senator or Representative shall, during the term of election for Congress, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall, during continuance in such office, be a member of either Chamber of Congress.
Current
Clause 2: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Amend Note
Amendments are to (a) clarify distinction between terms in Congress and civil or public office; (b) clarify distinction between congressional chamber and House of Representatives; and (c) improve grammatical clarity and consistency.
— Section VII
Article 1. Section 7. On Process of Legislation.
Clause 1: Bill Origination
Bills may be proposed, amended or agreed via concurrence in either Chamber of Congress; except all bills for raising revenue shall originate in the House of Representatives, being the Chamber most responsive to the people; to such bills the Senate may propose or concur with amendments as on other bills.
Current
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.
Amend Note
Amendments are to (a) clarify general order of bicameral legislation for most bills; (b) clarify revenue-raising bills as the exception, with respect to origination; (c) clarify the rationale for this exception; and (d) improve grammatical clarity and consistency.
Clause 2: Bill Presentment
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.
Current
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.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 3: Bill Review
If, upon presidential review, the bill meets approval, the President shall sign it, but if not the President shall return it, with objections to that Chamber of Congress in which it shall have originated, who shall enter the objections at large on its journal, and proceed to reconsider the bill.
Current
If he approve he shall sign it, but if not he shall return it, with his 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.
Amend Note
Amendments are to (a) clarify President as reviewing, approving, signing, or returning; (b) clarify distinction between congressional chamber and House of Representatives; and (c) improve grammatical clarity and consistency.
Clause 4: Bill Reconsideration
If after such reconsideration two-thirds of the originating Chamber shall agree to pass the bill, it shall be sent, together with the objections, to the non-originating Chamber, by which it shall likewise be reconsidered, and if approved by two-thirds of the non-originating Chamber, it shall become a law. But in all such cases the votes of both Chambers 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 Chamber respectively.
Current
If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the 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 such 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.
Amend Note
Amendments are to (a) clarify distinction between congressional chamber and House of Representatives and (b) and (b) improve grammatical clarity and consistency.
Clause 5: Bill Inactivity
If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented, the same shall be a law, in like manner as if the President had signed it; unless Congress by adjournment prevent its return, in which case it shall not be a law.
Current
If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Amend Note
Amendments are to clarify President as not returning as if signing.
Clause 6: Bill Proceedings
Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary for the making of bills or equivalent law (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by the President, 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.
Current
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, 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.
Amend Note
Amendments are to (a) clarify reduction of practical burden in centuries-long interpretation of “necessary;” (b) clarify President as approving or disapproving; and (c) improve grammatical clarity and consistency.
— Section VIII
Article 1. Section 8. On Powers of Congress.
Clause 1: Congressional Taxing Powers
Congress shall have power to lay and collect taxes. Direct taxes shall be apportioned among the several States, according to census or enumeration; except 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. Congress shall have power to lay and collect indirect taxes, duties, imposts, and excises; but all duties, imposts and excises shall be uniform throughout the United States.
Current
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises…but all Duties, Imposts and Excises shall be uniform throughout the United States;
Amend Note
Amendments are to (a) make clear and distinct the direct and indirect taxing powers; (b) reflect direct tax apportionment exception of income taxes by the 16th amendment; and (c) grammatically set up the enumerated powers to follow.
Clause 2: Congressional Spending Powers
Congress shall have power to pay the debts and provide for the common defense and general welfare of the United States.
Current
…to pay the Debts and provide for the common Defence and general Welfare of the United States…
Clause 3: Congressional Borrowing Powers
Congress shall have power to borrow money on the credit of the United States.
Current
To borrow Money on the credit of the United States;
Clause 4: Congressional Commerce Powers
Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indigenous tribes.
Current
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Clause 5: Congressional Uniformity Powers
Congress shall have power to establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States.
Current
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Clause 6: Congressional Values Powers
Congress shall have power to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.
Current
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Clause 7: Congressional Punishment Powers
Congress shall have power to provide for the punishment of counterfeiting the securities and current coin of the United States; and to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations.
Current
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;…To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
Clause 8: Congressional Postal Powers
Congress shall have power to establish post offices and post roads.
Current
To establish Post Offices and post Roads;
Clause 9: Congressional Proprietary Powers
Congress shall have power to promote the progress of arts and sciences, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.
Current
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Clause 10: Congressional Courts Powers
Congress shall have power to constitute Courts and tribunals inferior to the Supreme Court, and to make rules for the government and regulation of such Courts; provided all Judges of such Courts shall be under the same terms of appointment and remuneration, and shall fulfill the same judicial duties of due process, as Judges of the Supreme Court, to which such Courts shall be subject.
Current
To constitute Tribunals inferior to the supreme Court;
Amend Note
Specifically above, amendments are to (a) distill and clarify, from historical practice and jurisprudence, a constitutional basis for Congress’s role in making procedural rules for the Courts, which as with the Military and Militia, may be partially delegated and is to be further balanced with the Court’s role in regulating internal affairs, procedures, and proceedings; and (b) help resolve questions and inconsistencies that have long vexed government and jurisprudence regarding “legislative courts” and exceptions for administrative, military, public rights, and territorial cases.
Clause 11: Congressional Commissions Powers
Congress shall have power to grant commissions and other entities, as Congress thinks proper, for fulfilling its legislative duties, and to make rules for the government and regulation of such entities; provided that such entities do not assume names confusing to the government or public, or adjudicate matters justiciable by the Courts and tribunals.
Current
To constitute Tribunals inferior to the supreme Court;
Amend Note
Specifically above, amendments are to (a) distill and clarify, from historical practice and jurisprudence, a constitutional basis for Congress’s powers to grant, structure, and regulate commissions and other entities; and (b) have “legislative courts” not proceeding with Article III protections become commissions, boards, councils, etc, and there restricted to producing legal advisories, guidelines, recommendations, reforms, reports, reviews, and the like, which would be non-binding, and not afforded any supremacy of law, without further executive, legislative or judicial action; but possibly also declarative judgments, as well as arbitration, mediation, settlements.
Clause 12: Congressional War Powers
Congress shall have power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
Current
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Clause 13: Congressional Military Powers
Congress shall have power to raise and support armies, provide and maintain an air force and navy, no appropriation of money to such use being for a longer term than two years; and to make rules for the government and regulation of the military, including air, land and naval armed forces.
Current
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces;
Clause 14: Congressional Militia Powers
Congress shall have power to provide for calling forth the Militia to execute the laws of the Union, suppress insurrections and repel invasions; for organizing, arming, and disciplining the Militia; and for governing such part of the Militia as may be employed in the service of the United States, reserving to the States respectively, the appointment of the Officers, and the authority of training the Militia according to the discipline prescribed by Congress.
Current
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Clause 15: Congressional Enclave Powers
Congress shall have power to exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the Seat of Government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.
Current
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–And
Clause 16: Congressional Necessary Powers
Congress shall have power 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 that all such acts and their laws and powers shall be clearly, rationally, proportionately and substantially related to fulfilling a legitimate purpose and role, which shall not offend the Constitution.
Current
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.
Amend Note
Generally, for all above clauses, amendments are to improve grammatical and structural clarity and consistency.
— Section IX
Article 1. Section 9. On Restrictions on the Legislature and Law Making
Clause 1: Congressional Migration Restriction
The prohibition by Congress of the migration or importation of persons in any of the States shall be permitted after the year one thousand eight hundred and eight, and shall be conducted and enforced throughout the land from the year one thousand eight hundred and sixty-five.
Current
Clause 1: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
Amend Note
Amendments are to (a) address expiration and historical curiosity status of initial clause; (b) reflect Congressional passage of The Act Prohibiting Importation of Slaves of 1807; (c) reflect Congressional passage of Thirteenth amendment in 1865; and (d) improve grammatical clarity and consistency.
Clause 2: Congressional Writ Restriction
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.
Current
Clause 2: 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.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 3: Congressional Punishment Restriction
No bill of attainder or ex post facto law shall be passed; especially where the effect is, retroactively, an increase in liability, a punishment, or a trial by legislature.
Current
Clause 3: No Bill of Attainder or ex post facto Law shall be passed.
Amend Note
Amendments are to (a) clarify crucial elements that have long endured in jurisprudence under the clause and (b) improve grammatical clarity and consistency.
Clause 4: Congressional Taxation Restriction
No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken; except taxes on income herein described; and no duty or other indirect tax shall be laid on articles exported from any State.
Current
Clause 4: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State.
Amend Note
Amendments are to (a) reflect direct tax apportionment exception of income taxes by the 16th amendment and (b) improve grammatical clarity and consistency.
Clause 5: Congressional Ports Restriction
No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another.
Current
Clause 6; No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 6: Congressional Appropriations Restriction
No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
Current
Clause 7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 7: Congressional Budgets Restriction
No budget plan or bill for any fiscal year shall not include a justification for public money or equivalent funding proposed for each department, agency, or other entity; including a justification of each line item in the budget for the entity, based upon its effect on carrying out the mission of the entity and its effect, if any, on the gross domestic product of the United States; an equivalent line-item justification of funds retained or spent, and their actual effects, from prior years for the entity; an equivalent line-item justification of any increase in budget from prior years for the entity; and an additional funding level below the requested number that would allow the entity to complete all of its critical mission functions. Such justifications shall be used by Congress and the President to submit and sign budgets where total expenditures for a fiscal year shall not exceed total receipts for that fiscal year, unless a two-thirds vote of both Chambers provide by law for a specific exception and excess of expenditures over receipts; provided that any consequent addition to the public debt shall be liquidated within a period of twelve years. Final budgets, with their full justifications, shall be published and made easily accessible and traceable for the public from time to time.
Current
None currently.
Amend Note
Above addresses a significant number of current, outstanding state resolutions for a constitutional convention specifically to propose such a balanced budget amendment, and distills key features from almost a century of at times nearly successful constitutional and statutory efforts in Congress.
Clause 8: Congressional Emoluments Restriction
No title of nobility shall be granted by the United States; and no person holding any office of government, profit, or trust under the United States, or any State, whether appointed or elected, shall, without the consent of Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
Current
Clause 8: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Amend Note
Amendments are to (a) ensure ethically equivalent application of foreign emoluments clause to appointed and elected officials and representatives in the three branches of government, at federal, state and local levels, and (b) improve grammatical clarity and consistency.
Clause 9: Congressional Insurrection Restriction
No person shall be a Senator or Representative, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof; but Congress may remove such disability by a two-thirds vote of both Chambers.
Current
None here currently.
Amend Note
Amendments are to (a) reflect insurrection clause of the 14th amendment; and (b) improve grammatical clarity and consistency.
— Section X
Article 1. Section 10. On Legislative Restrictions on States.
Clause 1: State Relations Restriction
No State shall enter into any treaty, alliance, or confederation; or grant letters of marque and reprisal. Nor shall a State, without the consent of Congress, 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, or in such imminent danger as will not admit of delay.
Current
Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal… Also, Clause 3: No State shall, without the Consent of Congress, … 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, or in such imminent Danger as will not admit of delay.
Amend Note
Amendments are to (a) organizationally clarify related prohibitions and restrictions and (b) improve grammatical clarity and consistency.
Clause 2: State Duties Restriction
No State shall, without the consent of Congress, lay any duties of tonnage. Nor shall a State, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of Congress.
Current
Clause 2: No State shall, without the Consent of the Congress, […lay any Duty of Tonnage…] lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Amend Note
Amendments are to (a) organizationally clarify related prohibitions and restrictions and (b) improve grammatical clarity and consistency.
Clause 3: State Monetary Restriction
No State shall coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts.
Current
Clause 1: …coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts;…
Amend Note
Amendments are to (a) organizationally clarify related prohibitions and restrictions and (b) improve grammatical clarity and consistency.
Clause 4: State Attainder Restriction
No State shall pass any bill of attainder or ex post facto law.
Current
…pass any Bill of Attainder, ex post facto Law,….
Amend Note
Amendments are to (a) organizationally clarify related prohibitions and restrictions and (b) improve grammatical clarity and consistency.
Clause 5: State Contracts Restriction
No State shall pass any law impairing the obligation of contracts.
Current
…or Law impairing the Obligation of Contracts,…
Amend Note
Amendments are to (a) organizationally clarify related prohibitions and restrictions and (b) improve grammatical clarity and consistency.
Clause 6: State Title Restriction
No State shall grant any title of nobility.
Current
….or grant any Title of Nobility….
Amend Note
Amendments are to (a) organizationally clarify related prohibitions and restrictions and (b) improve grammatical clarity and consistency.
Article II | The Executive
— Section I
Article 2. Section 1. On Vesting in the Executive.
Clause 1: Executuve Vesting
The executive power shall be vested in a President of the United States of America. The President may seek the advice and assistance of the Vice President, and such principal and inferior Offices as Congress may from time to time ordain and establish.
Current
The executive Power shall be vested in a President of the United States of America….
Amend Note
Amendments are to (a) structurally set off the vesting powers clause in a manner equivalent to vesting clauses for the legislative and judicial branches; (b) clarify relations between President, Vice President, and principal and inferior Offices, as well as Congress’s role in establishing (not filling or vacating) such Offices (not Officers); and (c) improve grammatical clarity and consistency. Also: the two instances of “may” can be replaced with “shall” in order to more strongly confer duties to seek advice and assistance and to establish Office for delegation of administrative and executive responsibilities.
— Section II
Article 2. Section 2. On Election and Succession of the Executive.
Clause 1: Executive Election Terms
The President and the Vice President shall hold office during the term of four years. Each term shall end at noon on the 20th day of January of the year in which such term shall end; and the term of their successors shall then begin. The President, together with the Vice President, chosen for the same term, shall be elected, every four years, by the people of the United States, via indirect voting by voters and direct balloting by Electors of the President and Vice President, in elections held in their respective States. The voters in each State shall have the qualifications requisite for voters of the most numerous branch of the state legislature.
Current
Clause 1: ….He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows
Amend Note
Amendments are to (a) structurally set off the election clauses in a manner equivalent to election clauses for the legislative branch; (b) reflect the end date for terms added via the 20th amendment; (c) add a provision in the Constitution for the people as voters with respect to the Executive; (d) clarify relationship between voters and Electors; and (d) improve grammatical clarity and consistency.
Clause 2: Executive Electors Appointment
Each State shall appoint, in such manner as the legislature thereof may direct, a number of Electors, of the President and Vice President, equal to its Congressional delegation, which is the whole number of Senators and Representatives to which the State may be entitled in Congress. The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct a number of Electors equal to the Congressional delegation to which the District would be entitled if it were a State, but in no event more than the least populous State. The total number of Electors shall therefore be those of the District in addition to those of the States. The Electors shall be independent from any political faction or party and pledged to honor the certified results of elections by qualified voters in each State. No Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an Elector.
Current
Clause 2: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Amend Note
Amendments are to (a) reflect the lector provision of the 23rd amendment for District of Columbia; (b) reflect long historical and court recognized practice, including recent enforcements measures, to ensure electors translate the results of voter elections during their balloting; (c) ensure that such elector regularity is not dependent on, or variously subject to, the interests and practices of political parties; and (d) improve grammatical clarity and consistency.
Clause 3: Executive Electoral Count
The Electors shall meet in their respective States, and in each State shall vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of their same State. The Electors shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted. The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and the person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of Electors appointed.
Clause 4: Executive Electoral Contingency
If no person has such required majority of votes as President, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if no person has such required majority of votes as Vice President, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. If a President shall not have been chosen before the time fixed for the beginning of the elected term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Current
The Electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President of the United States, if such number be a majority of the whole number of Electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for the President; and if no person have a majority, then from the five highest on the list the said House of Representatives shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the Electors shall be the Vice President of the United States. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.
Amend Note
Amendments are to (a) reflect superseding clauses from the 12th and 20th amendments; (b) clarify the injunction for Electors to not vote same-State for both candidates; and (c) improve grammatical clarity and consistency.
Clause 5: Executive Electoral Times
Congress may determine the time of choosing the Electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
Current
Clause 4: The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 6: Executive Qualification
No person shall be eligible to the Office of President or Vice President who shall not have attained to the age of thirty-five years and been thirty-five years a citizen of, and resident in, the United States, by the time of taking of oath of office. No person shall be eligible to the Office of President or Vice President who has been constitutionally disqualified from holding such office through impeachment and conviction or disability due to insurrection or rebellion. No person shall be elected to the Office of President more than twice; and no person who has held the Office of President, or acted as President, for more than two years of a term to which some other person was elected President, shall be elected to the Office of President more than once.
Current
Clause 5: 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.
Amend Note
Amendments are to (a) make beginning of qualification clauses for Legislature and Executive grammatically uniform; (b) converge the citizenship and residency requirement and make ethically consistent with the presidency eligibility of both natural-born citizens and citizens who were not natural born (see prior clause on time of constitutional adoption; (c) reflect eligibility restriction for Vice President added via the 12th amendment; (d) reflect term limits added via the 22nd amendment; and (e) improve grammatical clarity and consistency.
Clause 7: Executive Vacancy
Whenever there is a vacancy in the Office of President, due to death, resignation, or removal, the Vice President shall become the President. Whenever there is a vacancy in the Office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Chambers of Congress.
Current
In case of the removal of the President from office, or of death, resignation, or inability to discharge the powers and duties of the said Office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the disability be removed, or a President shall be elected.
Amend Note
Amendments are to (a) reflect succession process added via the 25th amendment; and (b) improve grammatical clarity and consistency.
Clause 8: Executive Disability Self-Declaration
Whenever the President transmits to the president pro tempore of the Senate and the Speaker of the House of Representatives a written self-declaration of inability to discharge the powers and duties of the Office of President, and until the President transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Current
None currently.
Amend Note
Amendments are to (a) reflect succession process added via the 25th amendment; and (b) improve grammatical clarity and consistency.
Clause 9: Executive Disability Officer-Declaration
Whenever the Vice President and a majority of either the principal Officers of the executive departments or of such other body as Congress may by law provide, transmit to the president pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of the Office of President, the Vice President shall immediately assume the powers and duties of the Office as Acting President. Thereafter, when the President transmits to the president pro tempore of the Senate and the Speaker of the House of Representatives a written declaration that no inability exists, the President shall resume the powers and duties of the Office of President unless the Vice President and a majority of either the principal Officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the president pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of the Office of President. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Chambers that the President is unable to discharge the powers and duties of the Office of President, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of the Office .
Current
None currently.
Amend Note
Amendments are to (a) reflect succession process added via the 25th amendment; and (b) improve grammatical clarity and consistency.
Clause 10: Executive Oath
Before entering on the execution of the Office of President, the person to assume office 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.
Current
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.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 11: Executive Remuneration
The President shall, at stated times, receive for presidential services, a compensation to be ascertained by law and paid out of the Treasury of the United States, which shall neither be increased nor diminished during the term for which the President shall have been elected, and the President shall not receive within that period any other emolument from the United States, or any of the States.
Current
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Amend Note
Amendments are to (a) ensure equivalent compensation and emoluments clauses for executive, judicial and legislative branches; and (b) improve grammatical clarity and consistency..
— Section III
Article 2. Section 3. On Powers of the Executive.
Clause 1: Executive Commander Powers
The President shall be Commander in Chief of the Military of the United States, including the Army, Navy, and Air Force, and of the Militia of the several States, when called into the actual service of the United States.
Current
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;..
Amend Note
Amendments are to (a) ensure clarity regarding inclusion of the Air Force; and (c) improve grammatical clarity and consistency.
Clause 2: Executive Opinions Powers
The President may require the opinion, in writing, of the principal Officer in each of the executive departments, upon any subject relating to the duties of their respective offices.
Current
…he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices,…
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 3: Executive Clemency Powers
The President shall have power, by and with the advice and consent of an independent commission of clemency reviewers established for such purpose, to grant reprieves and pardons for offenses against the United States; provided two-thirds of the members of the commission present concur; and the cases not include impeachment; nor any of the acts, administration, employees, family, or friends of the President currently in office; nor conditions which offend the Constitution.
Current
…and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
Amend Note
….[insert text]Amendments are to (a) include certain reasonable limits on pardon power that have been of concern, proposed as amendment, or cited in the jurisprudence; (b) strengthen the independence, remit, and role of current review processes; and (c) improve grammatical clarity and consistency.
Clause 4: Executive Treaties Powers
The President shall have power, by and with the advice and consent of the Senate, to make and decide treaties and equivalent agreements on foreign affairs, provided two-thirds of the Senators present concur.
Current
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…
Amend Note
Amendments are to (a) distill and clarify, from centuries of jurisprudence and government practice, the expected and recommended purview, requirements, and subsequently binding nature of treaties as well as equivalent agreements and compacts; (b) improve grammatical clarity and consistency.
Clause 5: Judicial Appointments Powers
President shall have power to nominate, and by and with the advice and consent of the Senate, shall appoint Judges of the courts of law, including the one Supreme Court, a set of Federal Courts, and all other inferior Courts, provided two-thirds of the Senators present concur. If any nomination by the President shall not be voted on by the Senate within three months of its communication to the Senate, the nominee shall be deemed appointed, in like manner as if the Senate had advised, consented, and concurred. Congress shall by law vest the appointment of all Judges in the courts of law.
Current
He shall have Power, …. and by and with the Advice and Consent of the Senate, shall appoint …. Judges of the supreme Court,…
Amend Note
Amendments are to (a) provide clear constitutional basis for federal as well as supreme and other inferior courts (see notes under Article III); (b) use Article I, Bill Inactivity Clause as a template to provide a needed and called-for protection against Senate inactivity on judicial nominations (see incidence in post-2009 period); and (c) improve grammatical clarity and consistency.
Clause 6: Officer Appointments Powers
The President shall have power to nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, and all other Officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but Congress may by law vest the appointment of inferior Officers, to be administratively overseen by principal Officers, as Congress thinks proper; in the President alone, the courts of law, or in the heads of departments.
Current
… and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls,…and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Amend Note
Amendments are to (a) distill and clarify, from centuries of jurisprudence and government practice, a durable and practicable distinction between principal and inferior Officers; and (b) improve grammatical clarity and consistency.
Clause 7: Recess Appointments Powers
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of the Senate’s next session.
Current
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 8: Executive Necessary Powers
The President shall have powers which shall be necessary and proper for carrying into execution the foregoing powers, the laws made by Congress, and all other laws vested by this Constitution in the Government of the United States; provided that all such acts and their laws and powers shall be clearly, rationally, proportionately and substantially related to fulfilling a legitimate purpose and role, which shall not offend the Constitution.
Current
None currently.
Amend Note
Amendments are to provide the executive with a necessary and proper clause equivalent to that in the legislative branch and that jurisprudence and historical practice have held to be implicit in the Constitution.
— Section IV
Article 2. Section 4. On Duties of the Executive.
Clause 1: Executive Informing Duties
The President shall from time to time give to Congress information on the State of the Union and shall recommend to Congressional consideration such measures as the President shall judge necessary and expedient.
Current
He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient…
Amend Note
….[insert text]….
Clause 2: Executive Convening Duties
The President may, on extraordinary occasions, convene both Chambers of Congress, or either of them; and in case of disagreement between them, with respect to the time of adjournment, the President may adjourn them to such time as the President shall think proper.
Current
…he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper…
Amend Note
….[insert text]….
Clause 3: Executive Diplomacy Duties
The President shall receive ambassadors and other public ministers, shall be entrusted with diplomatic matters, and shall have authority over the recognition of foreign sovereigns and their territorial bounds.
Current
…he shall receive Ambassadors and other public Ministers…
Amend Note
….[insert text]….
Clause 4: Executive Care Duties
The President shall take care that the laws be faithfully executed, which shall entail the judicious exercise of privileges and immunities, as are necessary and proper for fulfilling such duties of the Office.
Current
….he shall take Care that the Laws be faithfully executed….
Amend Note
Amendments are to (a) distill and clarify, from a history of multi-branch government practice and some jurisprudence, a constitutional basis for judiciously qualified executive privileges and immunities (i.e. justiciable by courts, but also, judiciously evoked, exercised by administration); and (b) improve grammatical clarity and consistency.
Clause 5: Executive Officer Duties
The President shall commission all the Officers of the United States and shall appoint, supervise, and be able to remove those inferior Officers vested in the President alone and not requiring the concurrence of the Senate.
Current
…and shall Commission all the Officers of the United States….
Amend Note
Amendments are to (a) distill and clarify, from an established history of governmental practice and jurisprudence, appointment, supervision, and removal roles for certain inferior Officers; and (b) improve grammatical clarity and consistency..
— Section V
Article 2. Section 5. On Removal from Office.
Clause 1: Executive Impeachment
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 and shall thus be disqualified to hold and enjoy any office of honor, trust, or profit under the United States.
Current
None.
Amend Note
Amendments are to (a) reflect impeachment and subsequent disqualification clause of Article 1, Section 3; and (b) improve grammatical clarity and consistency..
Clause 2: Executive Insurrection
No person shall be a President or Vice President, or an Elector of the President or Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof; but Congress may remove such disability by a two-thirds vote of both Chambers.
Current
None here currently.
Amend Note
Amendments are to (a) reflect insurrection clause of the 14th amendment; and (b) improve grammatical clarity and consistency.
Article III | The Judiciary
— Section I
Article 3. Section 1. On Vesting in the Judiciary.
Clause 1: Judicial Vesting
The judicial power of the United States shall be vested in one Supreme Court, a set of Federal Courts attending to regions of the United States, and in such other inferior Courts as Congress may from time to time ordain and establish.
Current
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.
Amended Note
Amendments are to (a) constitutionally ensure against the improbable, but not impossible, series of events that could result in abolishing all but the Supreme Court; and (b) improve grammatical clarity and consistency.
Clause 2: Judicial Tenure
The Judges, both of the Supreme and inferior Courts, shall hold their Offices during good behavior, and shall be appointed for the equivalent of life tenure, subject only to impeachment, resignation, retirement, or death.
Current
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour,…
Amend Note
Amendments are to (a) distill and clarify, from centuries-long history of government practice and jurisprudence, a constitutional basis for life tenure of Article III judges; and (b) improve grammatical clarity and consistency.
Clause 3: Judicial Remuneration
The Judges shall, at stated times, receive for judicial services, a compensation to be ascertained by law and paid out of the Treasury of the United States, which shall not be diminished during continuance in Office; and no Judge shall receive within that period any other emolument from the United States, or any of the States.
Current
…and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Amend Note
Amendments are to (a) have compensation and domestic emoluments clause be ethically equivalent for legislative, executive and judicial branches; and (b) improve grammatical clarity and consistency.
— Section II
Article 3. Section 2. On Powers of the Judiciary.
Clause 1: Judicial Review Powers
The judicial power shall include a duty to review the actions, laws, and judicial decisions of the United States, and the States, and determine their accordance with the law and this Constitution; with an attendant duty to consider and confer retroactivity of decisions, where appropriate and proper for administering justice. In all cases and controversies where a private entity or person is affected by an action or law of the United States, or any of the States, the governmental party shall, at a minimum, have the basic burden to prove to the Courts that the action or law in question is clearly, rationally, proportionately and substantially related to fulfilling a legitimate purpose and role of government, which evidence shall show government via such proportionate means regularly and typically fulfills, throughout the United States, or the State, more effectively than other entities or persons; and where the effect of the action or law in question additionally infringes on a fundamental liberty or right of a private entity or person, especially any liberty or right enumerated in this fifth Article of the Constitution, the governmental party shall, at a minimum, have the additional burden to prove to the Courts that the action or law in question is clearly, rationally, proportionately, substantially related to, and strictly necessary for, fulfilling a necessary purpose and role of government, which evidence shall show government via such least infringing means regularly and typically must, by necessity, fulfill itself, and not any other entity or person.
Current
None.
Amend Note
None.
Clause 2: Justiciable Cases Powers
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting, actually or imminently, persons under such authority, laws, treaties, and government; including to all cases affecting ambassadors, other public ministers, and consuls; and to all cases of admiralty and maritime jurisdiction.
Current
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party;…
Amend Note
Amendments are to (a) distill and clarify, from jurisprudence, a constitutional basis rigorous yet flexible enough for different tests of standing; and (b) improve grammatical clarity and consistency.
Clause 3: Justiciable Controversies Powers
The judicial power shall extend 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; between citizens of different States; between citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign states, citizens or subjects.
Current
…—to Controversies between two or more States; between a State and Citizens of another State, between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 4: Jurisdiction Powers
In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as Congress shall make.
Current
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 5: Judicial Trial Powers
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as Congress may by law have directed.
Current
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 6: Judicial Convening Powers
The Courts shall have power to convene and determine the times of meetings, including schedules and sessions, provided such times are reasonable and in places Congress may by law have directed.
Current
None currently.
Amend Note
Amendments are to ensure independence of judiciary and prevent any recurrence of the 14-month Congressional adjournment of the Supreme Court in 1802-03.
Clause 7: Judicial Proceedings Powers
The Courts shall have power to govern and regulate the internal affairs, procedures, and proceedings of the Courts, the Judges, and the judiciary of the United States.
Current
None currently.
Amend Note
Amendments are to distill and clarify, from long historical practice and jurisprudence, a constitutional basis for the Court’s role in regulating internal affairs, procedures, and proceedings, which as with the Military and Militia, is balanced with Congress’s role in making rules for such governance and regulation.
Clause 8: Judicial Necessary Powers
The Courts shall have powers which shall be necessary and proper for carrying into execution the foregoing powers, and for interpreting and applying the laws made by the United States, and the States, and all other laws vested by this Constitution in the Government of the United States; provided that all such acts and their laws and powers shall be clearly, rationally, proportionately and substantially related to fulfilling a legitimate purpose and role, which shall not offend the Constitution.
Current
None currently.
Amend Note
Amendments are to provide the judiciary with a necessary and proper clause equivalent to that in the legislative branch and that jurisprudence and historical practice have held to be implicit in the Constitution.
— Section III
Article 3. Section 3. On Treason and the Judiciary.
Clause 1: Meaning of Treason
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 to the same overt act, or on confession in open court.
Current
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 to the same overt Act, or on Confession in open Court.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Clause 2: Punishment of Treason
Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
Current
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Article IV | The States
— Section I
Article 4. Section 1. On Faith and Credit of States.
Clause 1: States Faith and Credit
Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Current
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Amend Note
Amendments are to improve grammatical clarity and consistency.
— Section II
Article 4. Section 2. On Comity of States.
Clause 1: States Privileges and Immunities
The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. And no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
Current
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Amend Note
Amendments are to (a) further clarify the Constitution’s conception of protecting the people’s privileges and immunities, as traveling state residents as well as national citizens, to be essential to the balance and structure of US federalism; and (b) improve grammatical clarity and consistency.
Clause 2: States Sovereign Immunities
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.
Current
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.
Amend Note
Amendments are to (a) reflect aspect of federal jurisdiction described under the 11th amendment; and (b) improve grammatical clarity and consistency.
Clause 3: States Extradition
A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.
Current
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Amend Note
Amendments are to (a) ….; and (b) improve grammatical clarity and consistency.
Clause 4: States Non-Bondage
No bondage of person to service or labor shall be upheld by the United States, or any State; and no person held to service or labor in one State, in consequence of any law or regulation thereof, traveling into another, shall, in consequence of any law or regulation therein, be held to such service or labor, nor be delivered up on claim of the party to whom such service or labor may be due.
Current
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
Amend Note
Amendments are to (a) reflect 13th amendment’s abolition of slavery; (b) ensure no equivalent of the intent of this original clause, including any form of indentured servitude, is a basis of federalism or interstate comity; and (c) improve grammatical clarity and consistency.
— Section III
Article 4. Section 3. On Admission and Property of States.
Clause 1: States Admission
New States may be admitted by Congress into this Union, on an equal footing with the original States; but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned as well as of Congress.
Current
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
Amend Note
Amendments are to (a) restore a constitutional basis for the equal footing doctrine, reflecting centuries of government practice and jurisprudence; and (b) improve grammatical clarity and consistency; note one change from semicolon to comma.
Clause 2: States Property
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; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.
Current
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; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Amend Note
Amendments are to improve grammatical clarity and consistency.
— Section IV
Article 4. Section 4. On Guarantees to States.
Clause 1: States Republican Guarantee
The United States shall guarantee to every State in this Union a republican form of government.
Clause 2: States Protection Guarantee
The United States shall protect each of the States against invasion; and against domestic violence on application of the legislature, or of the executive when the legislature cannot be convened.
Current
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.
Amend Note
Amendments are to improve grammatical clarity and consistency.
Article V | The People
— Section I
Article 5. Section 1. On the People’s Rights to Freedom of Speech and Thought.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to freedom of speech and thought.
Including
The rights to freedom of speech shall include the rights to freedom of peaceable assembly and association; of expression and exchange; of information and the press.
Including
The rights to freedom of thought shall include the rights to freedom of cognition, as the free exercise of mind and inquiry; and the rights to freedom of conscience, as the free exercise of religion and spirituality.
Including
The rights to freedom of speech shall include the right to not have government make any acts or laws engaging in editorial judgment on either discussion or expression, especially the arts, ideas, or views of persons; nor shall government censor, compel, or conditionally constrain press or publishing, or other media, due to the speech’s content or speaker.
Including
The rights to freedom of thought shall include the right to not have government make any acts or laws engaging in establishment of religion or spirituality; nor shall government fund or favor any belief or faith, especially one over any other.
Including
The rights to freedom of thought shall include the absolute right to not have government make any acts or laws engaging in encroachment on any person’s mind, its contents or cognitions, faculties or functionings; nor shall government coerce, intrude, or surveil, nor adjudicate any controversies over any mind, even when offered as evidence for any case.
Protecting
Such rights to freedom of speech and thought shall not be abridged, denied or violated by the United States or any State.
— Section II
Article 5. Section 2. On the People’s Rights to Defense and Protection.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to defense and protection of persons, papers, properties, and effects.
Including
The rights to defense and protection shall, given the necessity of a well regulated militia to the security of a free State, include the right to keep and bear arms.
Including
The rights to defense and protection shall, given the necessity of protective professions to the security of persons, include the right to the means and services of such professions.
Including
The rights to defense and protection shall, given the necessity of government safeguards to the security of persons, include the right to a form of democratic government both constrained by and providing for liberty and civil liberties.
Protecting
Such rights to defense and protection shall not be abridged, denied or violated by the United States or any State.
— Section III
Article 5. Section 3 On the People’s Rights to Services of Justice.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to services of justice, specifically of the Courts and the law.
Including
The rights to services of justice shall entail the rights to a justice system that is free, fair and representative, including rights to seek and pursue justice before the Courts and equivalent Offices of the United States, and the several State; to present claims and complaints to adjudicators and administers of the law; and to petition such adjudicators and administers for redress of grievances and infringements; through means that are protective of rights, equally accessible and provided for, primarily, by government.
Including
The rights to services of justice shall entail the right for justice to be adjudicated and administered by Offices of the Courts and the law filled not through election but through nomination, appointment and periodic review by, respectively, the executive, legislative and judicial branches of government.
Protecting
Such rights to services of justice shall not be abridged, denied or violated by the United States or any State.
— Section IV
Article 5. Section 4. On the People’s Rights to Due Notice.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to due notice of law.
Including
The rights to due notice shall entail the right to due notice to the law, including the Courts, of investigations by government affecting the rights of persons; and the right to due notice by the law of any actions taken by government further affecting such rights.
Including
The rights to due notice shall include the rights of people to be secure in their persons, papers, properties, and effects against unreasonable searches and seizures by government, without notice of warrant.
Including
The rights to due notice shall include the right to not have any warrants 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.
Including
The rights to due notice shall include the right for the persons affected to be fully informed, of such warrants and their rights, whenever any search or seizure is in effect or has occurred.
Including
The rights to due notice shall include the right for the people of the United States, and the several States, to periodically receive from government accessible, clear and detailed guidance, and other reliable information, regarding procedures of deliberation and decision leading, generally, to investigations and actions affecting their rights and security in persons, papers, properties, and effects.
Protecting
Such rights to due notice of law shall not be abridged, denied or violated by the United States or any State.
— Section V
Article 5. Section 5. On the People’s Rights to Due Process.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to due process of law.
Including
The rights to due process shall include rights to not be held to answer for a felony crime or similar offense without an indictment of a preliminary jury or judicial hearing, nor be twice put in jeopardy of liberty or property when subject for the same crime or offense, nor be compelled in any criminal case to be a witness against self, nor have private property be taken for public use without just compensation, nor be deprived of any liberty or property without full and rigorous due process of law.
Protecting
Such rights to due process shall not be abridged, denied or violated by the United States or any State.
— Section VI
Article 5. Section 6. On the People’s Rights in Criminal Proceedings.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights in criminal proceedings.
Including
The rights in criminal proceedings shall include that, in all criminal prosecutions, the accused shall enjoy the rights to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.
Including
The rights in criminal proceedings shall include that, in all criminal prosecutions, the accused shall enjoy the rights 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 the accused’s defense.
Protecting
Such rights in criminal proceedings shall not be abridged, denied or violated by the United States or any State.
— Section VII
Article 5. Section 7. On the People’s Rights in Civil Proceedings .
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights in civil proceedings.
Including
The rights in civil proceedings shall include that, 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.
Protecting
Such rights in civil proceedings shall not be abridged, denied or violated by the United States or any State.
— Section VIII
Article 5. Section 8. On the People’s Rights in Punishment.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights in punishment.
Including
The rights in punishment shall include the right to have no government mete out excessive or disproportionate punishment, nor have excessive bail be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted on any person.
Including
The rights in punishment shall include the right to have no condition of confinement or interrogation result in cruel or inhumane treatment of any person, nor in inadequate provision of care or safety, nor in detriment to physical or psychological health, nor in enhancement or exacerbation of a sentence given.
Protecting
Such rights in punishment shall not be abridged, denied or violated by the United States or any State.
— Section IX
Article 5. Section 9. On the People’s Right to Life.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to life.
Including
The rights to life shall include the right for each person to, in all cases and circumstances, be treated as a full human being, worthy of the life given.
Including
The rights to life shall include the right to a justice system that shall admit error to be inevitable, where irreversible, unconscionably unjust; and so shall not deprive any person of life through any judicial process or proceeding, judgment, order, or sentence; protecting, instead, the absolute right to have neither capital punishment nor death penalty be given or exist within the United States, any State, or any place subject to their jurisdiction.
Protecting
Such rights to life shall not be abridged, denied or violated by the United States or any State.
— Section X
Article 5. Section 10. On the People’s Rights to Respect for Autonomy.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to respect for autonomy.
Including
The rights to respect for autonomy shall include rights to consent being informed, meaningful and freely given; to decision-making being independent when competent; to dignity in personhood; and to liberty of individuals and relations.
Protecting
Such rights to respect for autonomy shall not be abridged, denied or violated by the United States or any State.
— Section XI
Article 5. Section 11. On the People’s Rights to Confidentiality and Privacy.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to confidentiality and privacy.
Including
The rights to confidentiality and privacy shall include the right to have personal and professional affairs be and remain confidential and private, such as one’s activity, agreement, body, care, communication, conversation, data, decision, information, papers, property, relation, service, source, speech, and thought.
Including
The rights to confidentiality and privacy shall include the absolute right to confidentiality and privacy of each person’s mind, its contents and cognitions, faculties and functionings.
Including
The rights to confidentiality and privacy shall include the right for each individual to be let alone and free from government and public intrusion into confidential matters and private life.
Protecting
Such rights to confidentiality and privacy shall not be abridged, denied or violated by the United States or any State.
— Section XII
Article 5. Section 12. On the People’s Rights to Private Property and Work.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to private property and work.
Including
The rights to private property and work shall include the absolute right for an individual to not be, or be construed or used as being, the property or utility of any community, entity, person, or state.
Including
The rights to private property and work shall include the right to have no condition of contract, employment, labor, service, wardship, or work result in cruel or inhumane treatment of any person, nor in inadequate provision of care or safety, nor in detriment to physical or psychological health, nor in abuse, discrimination, harassment, retaliation, or equivalent infringement.
Including
The rights to private property and work shall include the rights to own and make consenting and informed decisions as to one’s private property; and to seek and make consenting and informed decisions as to contract, employment, labor, service, wardship, and work.
Including
The rights to private property and work shall include the right to exclusively create, develop, profit from, or otherwise use one’s private property, especially as it pertains to effects and personal property, to home and real property, to funds and financial property, and to copyright, patent, trademark, and intellectual property.
Including
The rights to private property and work shall include the right to have, in time of peace or war, no soldier, or other military or public officer or charge, be quartered in any house, except with the consent of the owner and in a manner to be prescribed by law.
Including
The rights to private property and work shall include the right to not have government fund, favor, or facilitate, directly or indirectly, any anticompetitive, monopoly or equivalently infringing acts or actors.
Including
The rights to private property and work shall include the right to not have government fund, favor, or facilitate, directly or indirectly, any discriminating, harassing, retaliating or equivalently infringing acts or actors.
Protecting
Such rights to private property and work shall not be abridged, denied or violated by the United States or any State.
— Section XIII
Article 5. Section 13. On the People’s Rights to Freedom from Bondage.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to freedom from bondage.
Including
The rights to freedom from bondage shall include the absolute right to have neither slavery, nor involuntary servitude, nor forced labor, nor human trafficking exist within the United States, any State, or any place subject to their jurisdiction.
Protecting
Such rights to freedom from bondage shall not be abridged, denied or violated by the United States or any State.
— Section XIV
Article 5. Section 14. On the People’s Rights to Citizenship.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to citizenship.
Including
The rights to citizenship shall include the right to have all persons born or naturalized in the United States, and subject to the jurisdiction thereof, be citizens of the United States and of the State wherein they reside.
Including
The rights to citizenship shall include the right to have neither the United States nor any State make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
Protecting
Such rights to citizenship shall not be abridged, denied or violated by the United States or any State.
— Section XV
Article 5. Section 15. On the People’s Rights to Elections and Voting.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to elections and voting.
Including
The rights to elections shall include the rights to have general, primary and other elections for President and Vice President, for Senators and Representatives in Congress, and for equivalent executive and legislative offices in the States and their municipalities; to have said elections be free, fair and representative; and to have election activities and campaigns be equally and freely accessible, reasonable in duration and provided for, solely, by government.
Including
The rights to elections shall include the rights to have candidates and, where present, political parties be on equal footing for access to and campaigning in general, primary and other elections.
Including
The rights to voting shall include the rights to have citizens of the United States, who are eighteen years of age or older, vote in such elections; and to not have any tax or test be a requirement for such voting.
Protecting
Such rights to elections and voting shall not be abridged, denied or violated by the United States or any State.
— Section XVI
Article 5. Section 16. On the People’s Rights to Advocacy.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to advocacy in government and public.
Including
The rights to advocacy shall include rights to peaceably assemble to advocate and consult for the common and public good; to present causes and interests to public officers and representatives; and to petition government for redress of grievances, through means that are free, fair and representative, equally and freely accessible and provided for, primarily, by government.
Protecting
Such rights to advocacy in government and public shall not be abridged, denied or violated by the United States or any State.
— Section XVII
Article 5. Section 17. On the People’s Rights to Services of Education.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to services of education.
Including
The rights to services of education shall include the right to a basic and fundamental standard of learning, in primary, secondary and continuing education and public libraries, through means that are free, fair and representative, equally and freely accessible and provided for, sufficiently, by government.
Protecting
Such rights to services of education shall not be abridged, denied or violated by the United States or any State.
— Section XVIII
Article 5. Section 18. On the People’s Rights to Services of Health.
Declaring
The people of the United States, being persons of due liberty, shall have inalienable rights to services of health.
Including
The rights to services of health shall include the right to a basic and fundamental standard of care, in curative, palliative and preventive medicine and public health, through means that are free, fair and representative, equally and freely accessible and provided for, sufficiently, by the government.
Protecting
Such rights to services of health shall not be abridged, denied or violated by the United States or any State.
— Section XIX
Article 5. Section 19. On the People’s Rights to Equality of Law.
Declaring
The people of the United States, being persons of due liberty and due stature before the law, shall have inalienable rights to equality of law.
Including
The rights to equality of law shall include the right to have neither the United States nor any State deny to any person within their jurisdiction the equal application of the laws.
Including
The rights to equality of law shall include the right to have neither the United States nor any State deny to any person within their jurisdiction the equal opportunity via the laws.
Including
The rights to equality of law shall include the right to have neither the United States nor any State deny to any person within their jurisdiction the equal protection of the laws.
Including
The rights to equality of law shall include the right to have neither the United States nor any State deny to any person within their jurisdiction the equal rights under the laws.
Including
The rights to equality of law shall include the right to have neither the United States nor any State deny to any person within their jurisdiction the equal treatment via the laws.
Protecting
Such rights to equality of law shall not be abridged, denied or violated by the United States, or by any State, on account of economic or political expediency; nor on account of actual or perceived age, disability, or health; nor caste, ethnicity, national origin, or race; nor gender or sex, including as they pertain to identity or orientation; nor political, religious or spiritual affiliation; nor military service or veteran status.
— Section XX
Article 5. Section 20. On the People’s Unenumerated Rights.
Declaring
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Including
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.
Protecting
The due liberty, civil liberties, and civil rights enumerated in this fifth Article, unless expressly described as absolute, shall be construed as protected in the general case; with the understanding that the prohibited government acts and laws may, in the specific case, not include adjudication or regulation where there is actual or imminent crime, harm, or other infringement.
Protecting
Neither the United States nor any State shall in any way arrange, coerce, delegate, deputize, encourage, facilitate, incentivize, instruct, request, or otherwise engage another agent, entity, or person to conduct activity that governments are prohibited from doing by the Constitution or other law.
Protecting
The United States, and the several States, shall determine via explicit law the case, degree, and manner by which constitutional and other legal protections against government acts and actors shall be extended as protections against private acts and actors, in furtherance of the enjoyment of constitutional and legal rights, privileges and immunities, and their protections by the people of the United States.
Protecting
The United States, and the several States shall enforce the law against any government or private acts or actors which collude or otherwise arrange to deprive any person of the rights enumerated under this fifth Article, and the Courts shall hear and properly adjudicate such cases.
Protecting
Such unenumerated rights, powers, and protections shall not be abridged, denied or violated by the United States or by any State.
Protecting
This fifth Article shall be self-executing; Congress and State legislatures shall also have power to facilitate, but in no way hinder or infringe, the enforcement, operation, and provisions of this Article through appropriate legislation.
Article VI | The Law
— Section I
Article 6. Section 1. On Obligations of Government.
Clause 1: Prior Obligations
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.
Current
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.
Amended Note
Amendments are to improve grammatical clarity and consistency.
— Section II
Article 6. Section 2. On Supremacy of Law.
Clause 1: Legal Supremacy
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties and equivalent agreements 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.
Current
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.
Amend Note
Amendments are to improve grammatical clarity and consistency.
— Section III
Article 6. Section 3. On Oaths of Office.
Clause 1: Official Oaths
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.
Current
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.
Amend Note
Amendments are to improve grammatical clarity and consistency.
— Section IV
Article 6. Section 4. On Amending the Constitution.
Clause 1: Amendment Requirement
Congress, whenever two-thirds of both Chambers 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, as the one or the other mode of ratification may be proposed by Congress; provided that no amendment shall in any manner abolish or annul the rights of the people of the United States enumerated in the fifth Article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.
Current
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, as the one or the other Mode of Ratification may be proposed by the Congress; 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.
Amend Note
Amendments are to (a) reflect expiry of the two pre-1808 limits on amendments; (b) replace such limits with one more germane to the continuation of a liberal democracy; and (c) improve grammatical clarity and consistency.
— Section V
Article 6. Section 5. On Ratifying the Constitution.
Clause 1: Ratification Requirement
The ratification of the conventions of thirty-eight States shall be sufficient for the amendment and establishment of this Constitution between the States so ratifying the same.
Current
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
Amend Note
Amendments are to (a) have ratification requirement for amendments, given how extensive they have become, transfer in effect to ratification of the Constitution as a whole; and (b) improve grammatical clarity and consistency.
Amends
Provision
Below we provide access to ratified Amendments to the US Constitution.
Amendment I
Amendment II
Amendment III
Amendment IV
Amendment V
Amendment VI
Amendment VII
Amendment VIII
Amendment IX
Amendment X
Amendment XI
Amendment XII
Amendment XIII
Amendment XIV
Amendment XV
Amendment XVI
Amendment XVII
Amendment XVIII
Amendment XIX
Amendment XX
Amendment XXI
Amendment XXII
Amendment XXIII
Amendment XXIV
Amendment XXV
Amendment XXVI
Amendment XXVII
Amendment XXVIII (Proposed)
Amendment XXVIII. General Amendment of the Constitution.
Section 1
Congress, when two-thirds of both Chambers agree, shall propose the amendments in the above revised Articles I-VI, collectively, as a General Amendment of the Constitution of the United States of America, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for the sole purpose of discussing and proposing this General Amendment of the Constitution.
Section 2
This General Amendment of the Constitution shall be valid to all intents and purposes, as the Constitution of the United States of America, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by Congress.
Section 3
This General Amendment of the Constitution shall be inoperative unless it shall have been successfully ratified as described above.
Download Versions
Regarding Politics
The Tricentennial Constitution is to have no intent or effect, in any way, other than the possible passage of amendments to the official Constitutions of the United States, and, individually, of the States. It is important, therefore, to clarify the following points regarding politics.
I.
A Draft from our Founder
The Tricentennial Constitution is a product of the work of Alvan Azinna Chibuzo Ikoku, and is both safeguarded and presented here, for your perusal, by one of his founding entities, The Ikoku Philanthropies.
II.
Nonpolitical and Private
The Ikoku Philanthropies, is a nonpolitical organization and does not engage in or fund political activity. This constitutional proposal is, thus, not an instance or sponsorship of political activity, or an indication to contribute any resources.
III.
An Idea and Information
Rather, it is an idea and information provided — for consideration, discussion, and distribution, with citation. Any further related act by our Founder, Alvan Azinna Chibuzo Ikoku, shall be in his personal capacity as a distinct private citizen.