Stjórnlagaráð

Esteemed Representative of the Constitutional Council of Iceland:
Please find below a proposed re-write of the American Constitution which
may inform your own process. Of course some of the details will not apply
to your nation.

THE RE-CONSTITUTION OF THE UNITED STATES OF AMERICA

We the Citizens of the United States of America, in order to perfect our representative democracy‹a government intended to be of, by, and for the citizens of this republic‹do hereby replace our Constitution and its amendments with this Re-Constitution, expanding the civil liberties and rights of all persons and improving the federalism by which the Union is preserved and protected.

Article I Citizenship

A natural-born citizen of the United States shall be anyone who, at the time of his or her birth, has a biological parent who is a citizen. A naturalized citizen shall be anyone who fulfills the legal requirements of naturalization as established by Congress. Citizens eighteen years of ageor older may vote in elections, and shall be eligible to serve in public office and on juries. Citizenship and its benefits shall be privileges, revocable for just cause by due process in a federal court of law.

Article II Branches and Levels of Government

The government of the United States shall be separated into threebranches­-legislative, executive, and judicial­­in order that the branchescheck and balance one another ąs powers. Our government shall also beseparated into three levels­­ federal, state, and local. Federal authorityand law shall extend to all matters between or shared by the States, allmatters external to the United States, and the District of Columbia. AState ąs authority and law shall extend to all matters internal to thatState, which shall divide itself into political subdivisions, in orderthat local authority and law extend to all matters specific to the differentlocales. This Re-Constitution and its amendments shall be the supreme lawof the land, to which all branches and levels of government shall conformtheir laws and actions. The proceedings of government shall be conducted inpublic wherever possible, with thorough and accurate records freely available.

Article III Enumeration of Civil Liberties and Rights

Persons apprehended making war against the United States, or assisting inthe furtherance thereof, shall be subject to military law and justice. Forall other persons, the protection of the following civil liberties andrights shall be guaranteed by all branches and levels of government withinthe States, the District of Columbia, and all territories and possessionsof the United States:

1. Freedom from slavery and involuntary servitude.

2. Freedom from discrimination, for reason of race, ethnicity, nationalorigin, religion, gender, sexual orientation, age, disability, degree ofwealth, opinion, residency, or manner of living. All persons shall receiveequal protection of the laws.

3. Freedom of expression in all subjects, communicated or created in anymedium or manner, public and private. Persons shall be liable for theirexpression, if in violation of another ąs civil liberties, rights, or otherprotections provided in law.

4. Freedom of association and organization for any peaceful purpose,including the right to assemble, protest and petition the government for aredress of grievances, and to travel freely within the States, theDistrict of Columbia, and all territories and possessions of the United States.

5. Right of self-protection, to defend one ąs own and othersą safety frombodily harm, to keep arms for personal protection in one ąs domicile, andto bear arms in defense of the United States against tyranny, insurrection orinvasion.

6. Right of emergency medical treatment, for all persons from any medicalfacility, regardless of ability to pay, in the event of a life-threateningemergency or catastrophe, manmade or natural.

7. Freedom from government taking of private property, unless after dueprocess of law the property shall be owned by the public for its use, andunless the owner is compensated at fair market value for the propertytaken.The original owner or his designated heir(s) shall have first right ofrefusal to purchase the property if it is offered for private ownership inthe future.

8. Right to shelter, and freedom from vagrancy. To preserve public order,government shall provide shelter and assistance for the indigent asnecessary, and prohibit vagrancy.

9. Right of privacy, to be secure upon private property from searches andseizures unless with written warrant, issued by the court of jurisdictionto law enforcement authorities after presentation under oath of substantialevidence of probable wrongdoing, and which defines the limits of thesearch and persons or things to be seized. In public, persons and personalproperty are subject to non-warranted search and seizure only upon evidence ofprobable wrongdoing, or as a security precaution before entering a publicspace. Absent a compelling interest, government shall not constrainpersons' conduct of their private lives.

10. Rights upon criminal arrest and trial:

A. To be informed of oneąs legal rights at the time of arrest, includingthe right to due process of law, to remain silent before law enforcementauthorities, and to a competent attorney, court-appointed if requested.

B. To a writ of habeas corpus, namely, to promptly appear before the courtof jurisdiction and hear legitimate causes for oneąs arrest, and the exactaccusation, or be freed. The accused shall not be presented in court, norotherwise displayed in public, wearing prison garb or physical restraints.The accused shall be subject to trial only upon presentation of sufficientprima facie proof, that if unrebutted, would demonstrate guilt. No personshall be held captive or detained in order to prevent the potentialcommission of a crime.

C. To humane treatment in government custody, and to reasonable bail.

D. To a timely and public trial, on specific and self-consistent charges,heard by an impartial jury of oneąs peers, on the principle that theaccused is to be found innocent unless proven guilty beyond a reasonable doubt byunanimous verdict of the jurors.

E. To full prior discovery and examination of all evidence for theprosecution, to hear and cross-examine witnesses for the prosecution, andto subpoena witnesses in oneąs defense.

F. To decline to testify, either for or against oneself, withoutimplication of guilt. No person shall be required by government to incriminate orbring infamy upon oneself.

G. In the event of acquital, to be free from future criminal retrial orcivil trial, for the same alleged offense.

H. In the event of conviction, freedom from penalties that includeunreasonable fines or cruel punishments; and the right to appeal oneąsconviction on procedural, factual, and legal grounds.

11. Right to an impartial jury of oneąs peers in civil trials, whetherplaintiff or defendant. To achieve legal standing, plaintiffs must make anarguable prima facie demonstration that they are or have been damaged bythe defendant.

12. Freedom from ex post facto laws, and government intrusion in privatecontracts. The lawfulness of an action, contract, or state of affairsshall be preserved in accordance with the laws in place at the time the actionwas committed, the contract executed, or the state of affairs first obtained.Government shall not abrogate, nullify, or modify a legal, writtencontract between consenting parties, nor require persons to enter into contracts.

Aricle IV Federal Legislature

Article V Federal Executive

The President shall be the chief executive of the United States, anddirect the federal executive authority, which shall be empowered and required toenact, administer, and enforce this Re-Constitution, its amendments, andthe laws and actions approved by Congress.

Section 1

Any candidate for President must be at leastthirty-five years of age on the day of election, and have been a citizenof the United States for the previous fourteen years. The Presidency shall bedetermined by the voters of all the States and the District of Columbia,the winner to become the President, the runner-up to become theVice-President. In the event of a tie vote between candidates, the members of Congress inoffice at the time of the election shall choose between the tiedcandidates in special joint session, each Senator and Representative to have onevote. In the event of a tie vote in Congress, the Vice-President at the time ofthe general election shall cast the deciding vote, but may not vote forhimself.

Section 2

Both the President and Vice-President shall serve forthe same term of four years. While the Vice-President shall not be limitedin the number of terms he or she may serve, the President may serve for nomore than two terms. In the event that the President dies in office, or isdetermined by three-quarters of the total members of Congress to be nolonger able to serve due to mental or physical incapacity, theVice-President shall assume the Presidency for the remainder of the termof office, and within fourteen days shall appoint a new Vice-Presidentwithout the need for congressional approval. If not, Congress shall appoint aVice-President without delay. Any Vice-President assuming the Presidencyduring a term of office may be elected President to no more than onesubsequent term. If the President and the Vice-President both die inoffice, or suffer some other calamity such that their two offices are vacant atthe same time, Congress shall speedily meet in joint session and appoint a newPresident for the remainder of the term of office. In that event, the newPresident within fourteen days shall appoint a new Vice-President withoutthe need for congressional approval. If not, Congress shall appoint aVice-President without delay. As salary, the President and Vice-Presidentshall receive four times the national average of gross ordinary income.

Section 3

The President shall be the commander-in-chief of allmilitary forces of the United States. Congress shall have sole authorityto declare a state of war or military conflict, upon agreement of two-thirdsof its total number of members. Congress shall also have sole authority todeclare a cessation of a state of war or military conflict, upon agreementof a majority of its total number of members. Declarations of Congress,either to commence or cease states of war or military conflict, do notrequire approval by the President. The President shall have authority toimmediately respond to protect national security in the event of a foreignmilitary attack upon the United States. Under all circumstances, themilitary forces of the United States are subject to the authority of thePresident, who in turn is subject to the authority of Congress. ThePresident and federal executive authority shall receive foreignambassadors and officials, and shall negotiate treaties and agreements with foreignpowers, subject to ratification by two-thirds of the total number ofmembers of Congress.

Section 4

The President shall appoint Ambassadors, Justices ofthe Supreme Court and the High Court of Review, and federal executivebranch department heads, if confirmed by a majority of the total number ofmembers of Congress. The President, Vice-President and federal executive branchdepartment heads shall fill lesser positions in their respective officesand departments at their discretion without the need for congressionalapproval. All executive branch appointees serve at the pleasure of the President.When Congress is in recess, the President may temporarily fill ambassadorialand department head vacancies within the executive branch as necessary untilCongress considers and votes upon the appointments. Congress shall at alltimes provide funding and approve appointments sufficient for the smoothfunctioning of the federal executive.

Section 5

The President shall appear before each bi-monthlyjoint session of Congress, report on the state of the Union, and answerquestions from members of Congress. The President has no power to convene oradjourn the Senate or House of Representatives, or Congress in joint session, norto grant reprieves or pardons for criminal convictions, nor to immunize anyperson against criminal indictment or prosecution. Congress may removefrom office through impeachment, as described above, the President,Vice-President, Justices of the Supreme Court and the High Court ofReview, Judges of the lower federal courts, or federal executive branch departmentheads, at its sole discretion. No more than one federal trial of impeachment may occur at any given time. The Vice-President shall preside over all impeachment proceedings with the exception of trials against himself or the President.

Article VI Federal Judiciary

Article VII The States

Section 1

The States shall not through their laws or actionsviolate this Re-Constitution or its amendments, nor deny to any citizensofthe United States their privileges, nor deny to any persons their civilliberties and rights as enumerated by this Re-Constitution and itsamendments. Full faith and credit shall be given in each State to the lawsand actions of every other State. Any person warranted for arrest in oneState, found in another, shall be arrested in that State and delivered uptothe warranting State. The States shall settle any disputes betweenthemselves peaceably and in accordance with any federal adjudicationthereof. Federal government shall not give preference to one State overanother, nor mandate State actions for federal purposes without providingfunding sufficient to accomplish the mandate. States shall provide apubliceducation to their legal residents eighteen years of age or younger.

Section 2

No new States shall be added to the United States,norshall any State secede from the United States. States shall notconfederatebetween themselves or other corporate bodies, including foreigngovernments,nor lay charges for or otherwise restrict interstate commerce or transit.The boundaries between contiguous States are inviolable, and shall not bealtered except by mutual agreement. The federal government shall securetheborders of the United States from illegal foreign entry or invasion.Individual States shall have the authority to supplement federal measurestosecure themselves from illegal foreign entry or invasion, as they deemnecessary.

Article VIII Conduct of Elections

Section 1

Elections for public office within the United States,at all levels and branches of government, shall be conducted uniformly,withstandards and practices to be established by Congress, so that voters andcandidates enjoy the equal protection of uniform election laws andmethodology throughout the United States. Electoral districts shall bedrawnby non-partisan ad hoc commissions convened to create compact, competitivedistricts that avoid dividing locales and communities. All disputesconcerning the conduct or results of elections shall be resolved at thelevel of government the disputed circumstances arose. No elective bodyshallbe the judge of the results of any election for one of its positions.Incumbent public officials shall not use their office, or its resources, to campaign for or against candidates for public office.

Section 2

In all States and the District of Columbia generalelections shall occur on the first Tuesday of November, primary electionsonthe first Tuesday of July, and special elections on the first Tuesday ofMarch. Congressional terms of office shall begin and end on the secondMonday of January. Presidential and Vice-Presidential terms of officeshallbegin and end on the third Monday of January. All citizens elected orappointed to public office shall swear or affirm loyalty to the UnitedStates before assuming office, and hold only one salaried position at anygiven time, during and after which they shall not enjoy immunity fromliability for misdeeds committed while in office. It shall be a criminaloffense for citizens to accept or knowingly receive any gift, offering orcompensation, or otherwise profit beyond their lawfully determined salaryand benefits, as a consequence of their public office. No changes insalaryor benefits for any public office shall be retroactive, nor apply to thepersons legislating or authorizing the changes, during their tenure inoffice.

Section 3

Elections for public office within the United States,at all levels and branches of government, shall be conducted fairly, sothatcitizens have an equal opportunity to compete for public office on thebasisof their talents and fitness to serve. Citizens seeking public officeshallgather endorsement signatures from eligible voters as a prerequisite forcandidacy. Eligible voters may endorse only one prospective candidate peroffice. For each public office, the ten citizens who gather the greatestnumbers of valid endorsement signatures shall then together take anobjectively-graded written entrance exam, devised by the legislativeauthority to test the knowledge and judgment of the prospective candidatesrelevant to the office sought. The five highest test scorers shall qualifyas candidates for the primary election, and shall be required to regularlydebate one another, and be tested and interrogated by the public, in avariety of subjects, formats, and venues. All candidates for public officeshall fulfill their mandatory electoral activities at public expense. Forevery election, all news media operating within the electoral jurisdictionshall be required at their expense to regularly broadcast and disseminaterecords of the tests, debates, interrogations of and statements from thecandidates. All news media operating within the electoral jurisdictionshallalso be required at their expense to fairly broadcast and disseminatepersonsą diverse expressions of support for or opposition to candidatesforpublic office. The two highest vote-getters in the July primary electionshall qualify for the November general election, and again shall berequiredto participate in a variety of debates, tests and interrogatories as thepublic and governing legislative authority deem appropriate. In order toprotect the electoral process from manipulation, no polling data oncandidatesą popularity or electability shall be published by any sourceforninety days before any election.

Section 4

Citizens seeking the Presidency shall gather signatures of eligible voters from the State of their residence, as a prerequisiteforcandidacy. Citizens residing in the District of Columbia shall dolikewise.Each State and the District of Columbia shall test the ten residentcitizenswho gather the greatest numbers of valid endorsement signatures, the fivehighest test scorers to compete in that State's or the District ofColumbia's presidential primary. The States and the District of Columbiashall separately conduct presidential primary elections on the firstTuesdayin July for the presidential candidates residing in their respective Stateor the District of Columbia. Winners of the primaries from each State andthe District of Columbia shall then participate in presidential secondaryelections on the first Tuesday in September, organized into the followingfive regions:

West Middle West Central Southeast Northeast

Alaska Colorado Arkansas AlabamaConnecticutArizona Kansas Illinois District ofColumbia DelawareCalifornia Montana Indiana FloridaMaineIdaho Minnesota Iowa GeorgiaMassachusettsHawaii Nebraska Kentucky LouisianaNew HampshireNevada North Dakota Michigan MarylandNew JerseyNew Mexico Oklahoma Missouri MississippiNew YorkOregon South Dakota Ohio North CarolinaPennsylvaniaUtah Texas Tennessee SouthCarolinaRhode IslandWashington Wyoming Wisconsin VirginiaVermont

West Virginia

The five winners from the regional secondary elections shall compete forthePresidency in a national general election on the first Tuesday inNovember.The winner shall become the President, and the runner-up shall become theVice-President.

Section 5

In each of the primary, secondary and generalpresidential elections, voters may vote for up to three differentcandidatesin rank-order preference. No ballot shall allow voters to vote more thanonce for the same candidate. A first-place preference vote shall be valuedas three points; a second-place preference vote shall be valued as twopoints; and a third-place preference vote shall be valued as one point. Inany presidential election, the winner shall be the candidate who receivesthe highest point total. In the general presidential election, therunner-upshall be the candidate who receives the second-highest point total.

Section 6

As uniform and fair elections are the central mechanismof representative democracy, Congress and State legislatures shallmaintainstringent criminal penalties for violations of the conduct of elections asprovisioned in this Re-Constitution and its amendments, and as elaboratedbyCongress and State legislatures.

Article IX Citizensą Power of Referendum

In order to directly check and balance federal legislative and executive authority, the citizens of the United States shall have the power ofReferendum, to reverse and render null and void federal laws or actions,with the exception of judicial decisions, this Re-Constitution and itsamendments. Referenda shall be initiated upon the authorization of amajority of State legislatures or State ballot initiatives. In that eventanational plebiscite shall be scheduled by Congress for the first TuesdayinMarch, July, or November, whichever comes first. Once a referendum hasbeeninitiated, the federal law or action to be referended shall be held inabeyance, without effect, while it is challenged by referendum. Theagreement of a majority of citizens voting in the referendum electionshallreverse and render null and void the federal law or action in question.

Article X Citizensą Power of Ratification

If authorized by two-thirds of the States, Congress shall schedule aspecialnational plebiscite for the citizens of the United States to vote uponRatification of this Re-Constitution. Ratification shall be approved uponthe agreement of a majority of citizens voting in the special election.

Article XI Citizensą Power of Amendment

If authorized by two-thirds of the States, Congress shall schedule a special national plebiscite for the citizens of the United States to vote upon any proposed Amendments to this Re-Constitution. States must authorize exactly the same language for any proposed amendment. Amendments shall beapprovedupon the agreement of a majority of citizens voting in the specialelection. The Supreme Court, and the High Court of Review, shall together direct the federal judicial authority, which shall be empowered and required to hear and decide all legal matters concerning the United States that are notinternal to an individual State. The federal judiciary shall have soleauthority to interpret this Re-Constitution and its amendments, and toensure that the laws and actions of the government of the United States,and the individual States, do not violate this Re-Constitution or itsamendments.

Section 1

The Supreme Court, and lower federal case courts under its direction that it creates as necessary, shall hear and decide all federal criminal and civil trials and appeals. The decisions of the Supreme Court and lower federal case courts shall be binding on all parties to the particular case, and constitutional interpretations expressed therein shall provide precedent for subsequent federal court cases. The decisions of the Supreme Court and lower federal case courts shall not become federal law, which shall be limited to this Re-Constitution, its amendments, and laws passed by Congress.

Section 2

The High Court of Review, and lower federal reviewcourts under its direction that it creates as necessary, shall haveauthority to review and determine the constitutionality of all laws andactions of federal, state, and local government, except the judiciary,wheredeciding criminal and civil trials and appeals. The determination by theHigh Court or a lower federal review court that a law or action ofgovernment is unconstitutional, shall render that law or action null andvoid, and bars the government from enacting or enforcing the law, orcommitting the action. All legal complaints between different States, orbetween a State and the federal government, shall be heard and decided by the federal review courts.

Section 3

The Supreme Court and the High Court of Review shalleach be comprised of nine Justices, appointed by the President andconfirmedby Congress. Judges of the lower federal case courts and review courtsshallbe appointed by their respective Justices, and confirmed by Congress. Allfederal Justices and Judges shall serve without term until the age ofeightyyears on good behavior, subject to impeachment by Congress. As salary,Justices shall receive four times, and Judges three times, the nationalaverage of gross ordinary income. Congress shall at all times providefunding and approve appointments sufficient for the smooth functioning ofthe federal judiciary.

The bicameral Congress of the United States, consisting of the Senate and the House of Representatives, shall be the federal legislative authority.It shall have sole powers to originate and vote upon all proposals, includingall bills proposed to become law, for all matters between or shared by theStates, external to the United States, and the District of Columbia.

Section 1

Any candidate for Senator or Representative must beat least twenty-five years of age on the day of election, and have been acitizen of the United States for seven years, and a resident of the Stateor congressional district for one year. Senators and Representatives shall beelected for a term of four years, and shall be limited to no more than twoconsecutive terms. After one term out of their previous office, Senatorsor Representatives shall become eligible to return to their respectivechamber. In the first election after ratification of this Re-Constitution, allpositions for Senator and Representative shall be balloted and filled. Onenewly elected Senator from each State, and the closest approximation toone half of the newly elected Representatives from each State and the Districtof Columbia, except those from States or the District of Columbia withonly one Representative, shall be randomly selected after the results of theelection are final to serve for a two-year term. Those Senators andRepresentatives serving the initial two-year term may afterward seekre-election for two consecutive four-year terms in their respectivechamber.

Section 2

The Senate shall consist of one hundred Senators, two from each State. Every two years, each State shall hold a state-wideelection for one of its two senatorial positions. The House ofRepresentatives shall consist of four hundred and one Representatives,apportioned to the States and the District of Columbia according to theirnumber of resident citizens, as determined by a national census conductedevery new decade. The decennial national census shall also determine eachState's and the District of Columbia's total population, according towhich Congress shall distribute federal costs and benefits.

Section 3

Congressional apportionment shall ensure that each Representative represents a congressional district of approximately thesame number of Citizens, except that every State and the District of Columbiashall be apportioned at least one Representative. Each State and theDistrict of Columbia shall create congressional districts equal in numberto its apportioned number of Representatives. Every two years, each State andthe District of Columbia shall hold elections for the House ofRepresentatives in the closest approximation to one half of itscongressional districts.

Section 4

Congress shall assemble in joint session on the first Monday of even-numbered months. Between joint sessions, the two chambersshall collaborate through a ten-member Congressional Conference,consisting of five Senators and five Representatives chosen by their respectivechamber, who may replace their Conferees at will. Either chamber may meetseparately at other times of its choosing, and may originate and vote uponany proposal, including a bill proposed to become law. Whether meeting injoint session or separately, if at least one half of the total number ofSenators or Representatives are in attendance, and if at least one half ofthose in attendance agree, any matter may be scheduled for a discussionand vote.

Section 5

A congressional proposal shall pertain to only onesubject, and state the proposal's purpose as a preamble. Each federalappropriation shall be proposed separately. If any proposal is approved byone chamber, it shall be sent to the other chamber for consideration. Ifthe proposal passes both chambers, whether in joint or separate sessions, itshall be presented to the President for executive approval. If thePresident approves, he shall sign the proposal and return it to Congress. If thePresident disapproves, within fourteen days he shall return the unsignedproposal to Congress with objections. Congress, as it sees fit, may thenreconsider the proposal in the light of the Presidentąs objections, eitherin joint or separate sessions, or both, and revote the proposal. If it ispassed by Congress in joint session, or by both chambers in separatesessions, upon agreement of two-thirds of the total number of Senators andRepresentatives, the proposal shall become law, or have the full force andeffect of law. If the President does not return the proposal, signed orunsigned with objections, within fourteen days, the proposal shall becomelaw, or have the full force and effect of law.

Section 6

Either the Senate or the House of Representatives may impeach the President or Vice-President if two-thirds of the total numberof either Senators or Representatives agree. Impeachment shall then be triedin a special joint session of Congress, presided over by the Chief Justice ofthe Supreme Court. The agreement of three-quarters of the total number ofboth Senators and Representatives shall result in conviction, upon whichthe President or Vice-President shall be immediately removed from office.Congress may not conduct criminal prosecution or assess penalties againstany person, including the President or Vice-President, who once removedfrom office are however subject to criminal law, while enjoying the same civilrights in the event of criminal arrest and prosecution as all otherpersons.

Section 7

The President and Vice-President may not beconcurrently impeached. If the President is impeached and convicted, theVice-President shall immediately succeed to the Presidency and appoint anew Vice-President without the need for congressional approval. The office ofthe President shall at no time remain vacant. If the Vice-President isimpeached and convicted, the President shall appoint a new Vice-Presidentwithout the need for congressional approval. In either case, theVice-Presidency shall be filled by the President within fourteen days. Ifnot, Congress shall appoint a Vice-President without delay.

Section 8

Senators and Representatives may not be removed fromoffice by their respective chamber, nor may they be punished therein,except by censure. Senators and Representatives shall be removed from officeeither upon criminal felony conviction, or if they are recalled and replaced in aspecial election, as the different States may provide, if they see fit.Any vacancy in Congress by whatever cause shall be filled by the State fromwhich the vacancy occurred, in the manner prescribed by that State's laws.As salary, Senators and Representatives shall receive three times thenational average of gross ordinary income.

Section 9

The above provisions notwithstanding, the Senate andHouse of Representatives shall together make the rules by which theycooperate, and shall separately make the rules by which each chamberoperates. The two chambers shall organize themselves into committees asthey see fit and appoint their own officers, with the exception of theVice-President, who shall preside over the Senate, and Congress in jointsession, casting the deciding vote in the event of a tie.