What a new Constitution for the 21st Century would look like after an Article V Constitutional Convention

A United States Constitution
for the 21st Century

Two visions: A highly amended current Constitution, or a new alternative US Constitution. Both ensure the intent of the founders to protect Individual Rights and limit the Powers of the Federal and State Governments, but are updated with 226 years of hindsight since the 1787 Constitutional Convention.

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If you are reading this, I would suspect that you are asking yourself: What is the future going to be like with a federal government hell-bent on turning us into the Spain of the 21st century: massive debt, beggaring our children, and where opportunity is lost unless you have the money and guile to charm some bureaucrat?

Who am I? I'm JohnnyK, an average Joe in Austin, Texas who started making notes around 1996 about what appeared to be small defects in the Constitution, how it was being misenforced, political shenanigans, violations of rights, and “outrages du jour” from the news and personal experience. I’m not a lawyer, just a layman who has watched all the upheaval in the government since the subprime crisis hit and has tried to answer the question: What is a better way to build this mousetrap? What would a Constitution of the United States of America have to look like that maintained the intent of the founders to create a republic where the average Joe had his inherent rights protected (allowing him to build the life he wanted if he were industrious enough, clever enough, and had a little bit of luck going for him) BUT was updated with the hindsight of 226 years to make it very difficult to “game?”

This site has two Constitutional visions to accomplish that: suggestions for multiple amendments to freshen the current U.S. Constitution, and a proposal for another, brand new Constitution.

“That’s a nice thought experiment, maybe even interesting, you think (yawn). What are you advocating?”

I advocate the States call an Article V Convention to either do an extensive amending of the current U.S. Constitution, or adopt an entirely new and improved one.

“Unh huh. That’s pretty extreme. Why change at all?”

BECAUSE WE ARE GOING TO HAVE TO CHANGE ANYWAY! We are broker than we have ever been: $16.5 trillion in debt…that’s $16,500,000,000,000.00… 115% of GDP… for a sense of perspective, that is bigger than TWELVE Canadas. Can you see the picture? We are running a deficit of 12% of GDP…1/8th of our economy every year. That means that in 7 years, we will be at 200% of GDP. That’s 2020. That’s under a decade. Your 11 year-old will be 18 then. Do you think we can go on much longer without the system collapsing? We need to make BIG changes…the question is: will we do it before a collapse or after? I propose that we get ahead of this situation now, before things get chaotic, and think things out. If we wait until things get ugly, we have a much greater chance of getting screwed. This “Pipe Dream” Constitution is far better than the current one not just in getting our finances in order, but has the additional benefit of doing a far better job of protecting individual rights and limiting government, which are requirements for a stable civil society, which, as you might have noticed, is also crumbling. The current Constitution is so bastardized in those areas that I think a new one is not only not a bad idea, but highly preferable to putting patches on the current Constitution.

I lay out proposals for amendments to the current US Constitution here.

I lay out my proposal for the new “Pipe Dream” US Constitution here. This Constitution serves the purposes of both the people who want to amend the current Constitution and those who want a new one. How?

  1. For those who favor amending the current Constitution but are afraid that an Article V Convention will go “runaway” and we will get stuck with a “Statist” Constitution: This “Pipe Dream Constitution” is a fallback position that ensures we have a document with even stronger protections of individual rights and limits on both the State and Federal governments. To assuage your concerns about the wisdom of an Article V Convention, realize that Amendments, as well as a new Constitution, need to be approved by three-fourths of States, so a Statist Constitution is very unlikely to get through. We can also insist on additional safeguards, such as “No rights enumerated in the previous Constitution may be changed or eliminated.” Click here to see how a runaway Article V Convention is impossible.
  2. For those who believe that we live in a post-Constitutional Republic and that we need a stronger document that is wise to the shenanigans foisted on us over more than two centuries which (1) has much stronger enumerated individual rights, (2) much more defined and limited powers of governments, and (3) is very difficult to “game,” this new alternative Constitution fits the bill.

Either way, my intent in producing this site is to at least preserve (if not expand) individual liberty and restraint of government. This will further enhance the ability of individuals to build the lives they want, and that can’t happen when government is completely out of control with those individuals’ money.

Features and Advantages of the
“Pipe Dream” U.S. Constitution

  1. Clear layout of individual rights - they come FIRST, not at the end like the current Constitution. They aren't ambiguous. There is a logical progression of one building on the other.
  2. Clear layout of citizen responsibilities...which no one seems to talk about anymore! A strong citizenry can keep a nation together under extremely difficult circumstances, and without it, no nation can hold.
  3. Clear enunciation of the Powers of Congress - especially legitimate functions, Taxes, Budgets, Regulations (and the selection of Regulators), Commerce, Currency, a slight modification of Necessary and Proper, and...lots more. 
  4. Ways to ensure that we continue to have the most lethal military on the planet, with mandatory minimum spending levels for our forces and for new military research and technology…PLUS ensure we have the will to use it and see our wars through to victory, not simply cease-fires.
  5. Clarification of the Powers of the President - including wars, assassinations, when he needs Congressional authorizarion, a military council, Executive Orders, line of succession, a way to have solved the Bush-Gore dispute if it had dragged on, modified rules for Impeachment, and...more.
  6. A highly modified commerce clause that would greatly reduce regulations...and make ObamaCare impossible.
  7. Specific requirements and prohibitions on ALL governments.
  8. An equal protection clause that incorporates and expands the 14th amendment and the general welfare clause...and prevents government from picking winners and losers.
  9. Additional checks on the selection of Federal Judges/Justices - and a way to reverse their stranger decisions. You think you know where I’m going with this? You’re only HALF right.
  10. A way to make illogical/intellectually dishonest federal court decisions VERY difficult to render by making a jury decide the facts and the judges decide the law -- unlike today, and I propose a procedure to do this -- which would make a John Roberts-style raping of the Constitution VERY difficult.
  11. A way to return to the States picking Senators, but without the red tape prevalent in the 1800's.
  12. A way to elect officials that will make it very difficult for the aristocracy (used to refer to members of established well-off families with connections, as distinct from the demos, the same as talked about in the anti-federalist papers) to have complete control and ensure that the middle class (including owners of small and midsize businesses) have their interests heard.
  13. How to get federal Departments to willingly keep their spending down...and rebate us the money.
  14. How to kill the welfare state...and still look out for the welfare of the needy.
  15. How to make the roads run much more cheaply, quickly, and smoothly by mostly privatizing them…and not even have to pay for their construction! (technically)
  16. A way to Guard us from the Guardians - regulations to apply to GOVERNMENT the same as to the rest of us through 3 additional federal government branches...but not the way you might think.
  17. Ways to bring rogue state and local governments back in line...peacefully.
  18. A large change in how federal regulatory agencies approve rules, and a total change in how their members are selected that will reduce the chances of power-mad zealots filling the positions.
  19. Initiatives and referendums that ensure that the laws have to pass muster with We the People - and prevent corrupt legislation from being crammed down our throats.
  20. A few more ways for the People to resist Tyranny, and not just by Revolution.
  21. How to have the revolution every generation that Thomas Jefferson envisioned, but peacefully.
  22. And continuity with the current Constitution. We managed to keep continuity with the laws of the colonial governments after the Articles of Confederation were adopted, and with the Articles of Confederation after the (current) Constitution was adopted. This does the same.

CLICK HERE TO READ THE PIPE DREAM CONSTITUTION

 

United States Constitution for the 21st Century Urgently Needed Amendments to the US Constitution Equivalent to Article V Constitutional Convention