I recently ran across some current blog posts that refer to Trump’s apparent disdain for certain Constitutional precepts along with possible (screwball) solutions that would solve his problems:
Trump’s blamed the constitutional checks and balances built in to US governance for his utter failure. He said: “It’s a very rough system. It’s an archaic system … It’s really a bad thing for the country.”
It’s also common knowledge that Trump wants to break up the 9th Circuit Court of Appeals (which is NOT within Presidential purview) simply because they’re traditionally Liberal, and because they’ve ruled against one of his Executive Orders. Curiously enough, however, there are also faction(s) of the Republican Party that would like to set up a Constitutional Convention so they could rid the Constitution of stuff that does not, technically, allow or endorse their Fascist goals.
Coincidentally, I’ve spent the last month or two going through piles of stuff I’ve written in the past, trying to organize, etc., and in the process ran across something I penned back in ’06 as response to Dubya’s “Unitary Executive” (read: President Empowerment) hopes and plans. I thought it might help him and the GOP rewrite the Bill of Rights in a way that would accomplish their empowerment goals. I sent a copy of it to my then Senator John McCain along with the suggestion that he hand carry it to the White House. Since Bush’s second term was set to expire following the rapidly approaching ’08 election, however, I figured that was the reason why I never heard back.
Anyway, that was then and this is now, today — barely more than 100 days into Trump’s first term — so there should be plenty of time for them to get things done, to get rid of those always nagging Constitutional barriers. I decided, therefore, that I should once again offer my services, so here’s my 2006 rewrite of the Bill of Rights, slightly adjusted to help Trump with stuff that nags him more than it nagged Dubya, but all written with the most powerful version of the Unitary Executive in mind. (Further Suggestions Welcome, btw.)
Suggested Revisions to the Constitution’s Bill of Rights
(First Offered April 14, 2006; Revisions Updated May 1, 2017; by Frugalchariot)
Congress shall make no law that doesn’t respect our established Christian religion, or prohibits mandatory exercise thereof; or any law that allows the freedom of speech, or of the press, to include criticism of the President; or that allows the people to peaceably assemble without being watched, or to petition the Government for a redress of faux grievances.
An unregulated Militia, being necessary to deny freedoms in a secure State, mandates that the right of the people to keep and bear Arms can only be infringed when deemed necessary by the Unitary Executive.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, is hereby denied, and no Warrants need issue, though upon probable cause and supported by Oath or affirmation of the Unitary Executive when particularly describing the place to be searched, any persons or things can be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless insisted upon by the Unitary Executive, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger, unless insisted upon by the Unitary Executive; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, unless insisted upon by the Unitary Executive; nor shall any person be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law, unless insisted upon by the Unitary Executive; nor shall private property be taken for public use, without just compensation, unless insisted upon by the Unitary Executive.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence, unless or until challenged by the Unitary Executive.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be waived, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States if it applies to any corporation with a net profit which equals or exceeds its annual contribution to the private account(s) of the Unitary Executive.
Excessive bail shall be required on the written consent of the President, and excessive fines may be imposed along with cruel and unusual punishments inflicted on the whim of the President, the Unitary Executive..
The enumeration by legal counsel, of certain rights may be presumed the purview of the Unitary Executive, and shall always be construed to deny or disparage all rights retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for use only by the Unitary Executive at his sole discretion, and never to the people.
Note that I left Article III untouched. Trump hasn’t said anything about that particular provision yet, so I figured it’s best to let him decide on any changes.