Saturday, March 5, 2011

Sample amendment to reform the U.S. Senate

Here's the text of my proposed amendment to reform the Senate. The goal is to give the Senate the power to replace its power to veto legislation with the power to provide a suspensory veto and to oversee the executive branch's cabinet level and sub-cabinet level officers and executive orders:

Section 1: All bills shall originate in the House of Representatives, but the Senate may concur in any bill passed by the House of Representatives. If the Senate so concur, the bill shall be presented to the President as stipulated in the second clause of the seventh section of the first article of the constitution. If the Senate do not concur, the bill shall be referred to the House of Representative which shall approve or disapprove of the same bill, without amendment, after one hundred eighty days, including Sundays, shall have elapsed, but before three hundred sixty days, including Sundays, shall have elapsed. If the president disapprove of said bill, the bill shall become law only if two thirds House of Representatives repass the bill, according to the rules and limitations prescribed in the case of a bill. But nothing in this article or in any article, of the constitution shall be so construed as to permit the Senate to propose amendments to any bill.

Section 2: [see update #2 below] The Senate shall have power to remove from any officer of the United States ,appointed by the President, if three-fifths of the Senate concur in such removal, provided that nothing in this article or in any article, of the constitution be so construed as to impeach the tenure of Judges, both of the supreme and inferior courts.

Section 3: The Senate shall have power to nullify any executive order or any order issued by the President when engaged in his or her official duties as President, if three-fifths of the Senate concur in such nullification.

Update 3-5-11: I already notice something I want to change. I should modify the phrasing of section 2. I do not mean to state that the Senate shall not have power to try impeachments when it comes to article III judges (or anybody), but only that if the Senate wants to remove a judge, the judge needs to be removed by the impeachment process described in the Constitution.

Update #2, 3-5-11: Here is how I would re-write section 2:

Section 2: The Senate shall have power to remove any officer of the United States, appointed by the President, if three-fifths of the Senate concur in such removal, provided that nothing in this article or in any article, of the constitution be so construed as to deny the term of service during Good Behavior of Judges, both of the supreme and inferior courts, and provided also that nothing in this article or in any article, of the Constitution be so construed as to deny the power of impeachment to the House of Representatives or to deny the power to try all impeachments to the Senate.

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