If we consider the process of establishing a Constitutional Convention to have a new US Constitution–it can help us see new possibilities, and give us hope for the future.
There is nothing in the US Constitution about political parties, but they emerged almost immediately after the United States government was founded in 1789. So apparently there is a need for their existence. The problem now is that Republicans and Democrats, despite their differences on other domestic issues, are in complete agreement to continue making it very difficult for third parties to be equally empowered as the 2 parties are. In the wide political spectrum from the far Left to the far Right, only 2 parties have a voice, which is not democratic or considerate.
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Probably the most important way to maximize freedom, democracy, and fairness is to equally empower at least the 7 largest political parties and allow them to be proportionately represented in a unicameral federal legislature. But to adopt a unicameral federal legislature would require a new US Constitution.
With a requirement of 7 political parties proportionately represented, a bicameral federal legislature would make it too difficult to pass new laws, amendments, and constitutions, which is why a unicameral legislature would be much better. In articles listed below under Sources, I show how a Constitutional Convention to completely rewrite the US Constitution could be implemented with total fairness. A new constitution could keep the best of the old but also add important new features.
There are 435 members in the current US House of Representatives based on population, and that is a good thing. But how democratic is it to even have a US Senate in which the state of Wyoming, for example, has the same number of senators as the state of California? The bicameral legislature, the US Senate, and the Electoral College need to be abolished if our goal is to maximize freedom, democracy, and fairness. We need to make it much easier to change laws, amendments, and constitutions to adapt to a rapidly changing world.
Thomas Jefferson proposed that the nation adopt an entirely new charter every two decades. Thomas Jefferson thought we should have a new constitution with every new generation. As expressed in this article, Jefferson wrote a letter to James Madison in 1789 and stated that a constitution naturally expires at the end of 19 years. “If it be enforced longer, it is an act of force, and not of right.” I think Jefferson was very prescient on this issue, and we are long overdue for a new constitution.
Article V of the current US Constitution does not tell us how to properly abolish the US Constitution. However, in Article XV11 of my proposed Third Constitution of the United States (after the Articles of Confederation and the current Constitution), I show how the Third Constitution can be abolished in a very fair and democratic way when the people are ready for a Fourth Constitution. Our founding fathers purposely made it difficult to change the constitution, apparently believing that they knew what was best for all future generations.
American voters today should be allowed to periodically decide if they want a constitutional convention, after looking at some proposed new constitutions and proposed methods for implementing a constitutional convention.
There are 7 archetypical political groups in the United States, and they are the 1) Republican Party, 2) Democratic Party, 3) Libertarian Party, 4) Green Party, 5) Socialist Party, 6) the Constitution Party, and 7) the Anarchists who normally don’t form political parties. Anarchists are not fond of top-down-controlled organizations like the government, the military, the police, and organized religion. They may value laws and rules based on Natural Law, but they do not value the man-made rules of authoritative rulers.
All 7 of these political archetypes deserve to be understood, but 5 of them have been almost completely ignored. If we can understand these 7 archetypes and give each one a public voice, we will increase our chances of living in an open, democratic, ever-improving, and happier society. It would be interesting to see how much these 7 archetypes correspond to the actual 7 largest national political parties in the United States.
If the American people were allowed to decide through a referendum whether they wanted to see a televised presidential debate between the 7 largest national political parties–don’t you think the majority of people would say yes? But even more important than a debate would be a 10-minute TED Talk from each party in one evening. Or at least a 3-minute read or a 1-minute summary of each one. There are probably YouTube videos on each party.
Is the United States a democracy or a republic? It is said that when Benjamin Franklin left the Constitutional Convention, someone asked him if the delegates had created a monarchy or a republic, and he famously remarked, “ A republic, if you can keep it.” The United States is a constitutional federal republic.
This writer would like to have asked Benjamin Franklin why they were all so fearful of direct democracy. Why were they all so untrusting of the abilities and potential of everyday average people?
The founding fathers were all highly educated and wealthy, and they equated direct democracy with mob rule. In fact, direct democracy is what they feared the most!
Our so-called civilization has always been controlled by the Elite. Take a look at the world. Do you think they have done a good job?
The Third Constitution is also a constitutional federal republic, but it allows for a more participatory and inclusive democracy with elements of direct democracy as well. For example, new constitutional amendments and any proposed new national constitution would have to be approved by the people with a 51 percent majority before becoming ratified. It’s called a referendum. In fact, if desired, we could even require that the people ratify every single law that the US lawmakers pass before it is final! Now that would really freak out our Founding Fathers. Voters could just vote on proposed national laws at their local precincts or from their home computers.
In a fast-changing society, we need to change laws, amendments, and constitutions faster in a very democratic way.
In the Third Constitution, 3 years after every presidential election, the people could vote to determine if they want a constitutional convention to create a new constitution. If the people say yes, then it would start an 8-month timeline to create a new constitution that would be completed in time for the next normally scheduled presidential election in November. This plan would make a very smooth transition from one constitutional government to the next.
But if the American people do not approve and ratify the document that the constitutional convention delegates drafted with a 51 percent majority, then the proposed new constitution would become null and void, and the current constitution would continue to be the official constitution.
Under the Third Constitution, there would be 7 instead of 9 Supreme Court Justices. The 7 largest national political parties would each appoint a Supreme Court Justice. Supreme Court Justices could serve an unlimited number of 4-year terms if the political parties they represent continue to appoint them.
The Third Constitution could also make use of Ranked Choice Voting in the election of presidents and federal legislators, but maybe that won’t be necessary if there are 7 political parties from which to choose.
Under the Third Constitution, as already mentioned, the 7 largest political parties would have proportionate control of the unicameral, federal legislature. But ideally there must also be a way to give the 7 largest political parties proportionate control of the mainstream media as well.
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The Third Constitution is meant to be simple and clear so that our children can understand it and be empowered by it.
The Constitution of the United States is the supreme law of the United States. The US Constitution has been in operation for 235 years since 1789. Can you imagine having the same type of washing machine for 235 years?
Yes, it’s true if we just followed the constitution that we now have, things would be a lot better. But if our goal is to maximize freedom, democracy, and fairness, we will need to adopt a new constitution.
Sources
The Framers of the US Constitution Never Told Us How to Properly Abolish It–March 9, 2021
Third Constitution of the United States–July 28, 2024
The Most Democratic Way to Have a Constitutional Convention–June 21, 2019
