If You Could Rewrite the US Constitution

[jimmy olsen]

Germany's would work best as it's a federal system.

[celedhring]

"Just copy the Germans" seems a decent approach for anything post-1945 that doesn't involve food or porn.

[The Brain]

Maybe not the German one. They aren't too keen on freedom of expression (for historical reasons, but that's neither here nor there).

[Maladict]

Maybe not the German one. They aren't too keen on freedom of expression (for historical reasons, but that's neither here nor there).

I don't think that's part of the Constitution, though. And many European countries have (some form of) Holocaust denial laws.

[The Brain]

Maybe not the German one. They aren't too keen on freedom of expression (for historical reasons, but that's neither here nor there).

I don't think that's part of the Constitution, though. And many European countries have (some form of) Holocaust denial laws.

I hope and assume that the German constitution allows the limits Germany has put on freedom of expression. Limits that AFAIK would be unconstitutional in the US today.

[Sheilbh]

"Just copy the Germans" seems a decent approach for anything post-1945 that doesn't involve food or porn.

Yes. Although I think laws matter less than political culture. Germany's constitution wouldn't work in the US like it does in Germany, because Americans and American politicians have different culture and attitudes to politics.

[celedhring]

"Just copy the Germans" seems a decent approach for anything post-1945 that doesn't involve food or porn.

Yes. Although I think laws matter less than political culture. Germany's constitution wouldn't work in the US like it does in Germany, because Americans and American politicians have different culture and attitudes to politics.

Absolutely. But I think, if anything, the current situation in the US has shown that relying too much on political culture instead of codification leaves you vulnerable to one of the participants just refusing to engage in good faith.

[Sheilbh]

I think, if anything, the current situation in the US has shown that relying too much on political culture instead of codification leaves you vulnerable to one of the participants just refusing to engage in good faith.

Maybe. I think it can help, but I think if one side is not operating in good faith then they'll game the laws whether they're codified or not. If you have a political culture that rewards polarisation and a sort of existential win-at-all-costs style then it will just look different if there are lots of rules.

[grumbler]

No naming of bills. 

i like this one.  We can call it the Getting Rid of Unsightly Monikers for Bills and Legislative Eponym Reform amendment.

  Nicely done.

[The Minsky Moment]

Get rid of the 2nd Amendment.

Get rid of the Senate.  I wouldn't mind all that much going to a Westminster style parliament, but as a compromise keep the executive and the legislature separate.  They, along with the courts, are enough of a check on unbridled power

In the event of a budget impasse, last year's budget is carried over.  No more shut downs.

Only allow deficit spending during declared wars, economic contractions, or health crises.

What would you do?

I wouldn't put fiscal mechanisms into the Constitution.  It would just produce tons of disputes about what a "crisis" is, what a "contraction" is and even what a "deficit" is (e.g. is social security considered on or off budget?)  Unless the remit of the Supreme Court is beefed up (would not recommend) the Court would most likely decline to adjudicate these issues, viewing them as political questions and deferring to the other branches, which in effect negates the point.  Alternatively, the Court would create standards of its own, which is probably even more problematic.

The way to control deficits is to create a political consensus around it and enforce it as a political norm, not to attempt to constitutionalize it.  The EU tried the latter and it's been a mess.

[celedhring]

Yeah, we put the "balanced budgets" rule in our constitution during the happy troika times but we kinda loopholed it by referring its actual implementation to legislation. The idea of having a court declaring the content of a budget "unconstitutional" feels kinda wrong to me...

[fromtia]

Kill off 99% of the people.
Break the population into foraging groups of no more than 30.
No technology over the neolithic for a period of 10,000 years.
Totemic worship of healing goddess.

That should be enough reform.

Centrist coward.

[The Minsky Moment]

And if a court did decide the budget to be unconstitutional, how could it be enforced?  The Court couldn't cram down an alternative budget without violating separation of powers.  What if Congress refused to cooperate?  In theory you could revert to the prior year budget under the Yi constitution, but what if that budget was in deficit (either because it was a war/crisis budget or because revenues went down)?

[crazy canuck]

And if a court did decide the budget to be unconstitutional, how could it be enforced?  The Court couldn't cram down an alternative budget without violating separation of powers.  What if Congress refused to cooperate?  In theory you could revert to the prior year budget under the Yi constitution, but what if that budget was in deficit (either because it was a war/crisis budget or because revenues went down)?

I like the Parliamentary solution to budgets better, Budgets are a matter of confidence.  If the budget fails an election is triggered.  No more dicking around.

[fromtia]

I'm not exactly certain what falls under the purview of the constitution in the electoral system as is, and what does not, but like most posters on here I think the US needs a bit of electoral reform, somewhat urgently.

Either dispose of the 2A or re write it more clearly. I'm not opposed to people owning firearms for hunting and so on, but the heavily armed gangs roaming the country with political agendas is getting a little creepy.

Reform the supreme court , reduce it's power over the legislative branch, term limits, find a better system than political appointments by the legislature, stuff like that.

Electoral college can go I think. More representatives in congress, term limits, and a multi party PR system, an independent districting commission and a free lollipop for everyone.