Problem

After two and half centuries of scrutiny and conflict, the weaknesses inherent to the three branches of the U.S. government have been fully exposed and exploited. As of July 2024, the President is essentially recognized as a King that cannot be held accountable to anyone by any means (this is referred to as “Executive Immunity”). There is no way for Supreme Court Justices or the President to be removed by a vote by the House, the People, or anyone else (“impeachment” is merely an act of show). Supreme Court Justices are entirely unelected, and rule for life. Renewable terms and lifelong terms also create notorious problems that have been discussed for over a century. The two-party system limits the possibilities of legislation and squashes political dissent from third-parties. Simple majorities determine legislation, which is a weak consensus for law-making that is subject to a high margin of error. As noted in the previous Amendment page (30th Amendment: Democratic Reform), many of these flaws are designed to blunt the will of the people.

Furthermore, there are virtually no qualifications to be an elected official. The requirements to be an American public school substitute teacher—having references, a background check, not being a convicted felon or rapist, etc.—are infinitely higher than those required to be the President of the United States (35 years of age, native born). Indeed, as power and responsibility grows higher and higher with the office, the moral and professional standards decrease instead of increase. (Contrast with Iran, which requires the Executive to have a doctoral degree, or Algeria, which requires college education).

This system, in combination with campaign donations (prohibited in the 30th Amendment), encourages the very worst kinds of people to run the country. The reason why politicians are so profoundly corrupt and immoral in the U.S. is largely because the legal and political system rewards and encourages it.

Solution

The 31st Amendment remakes the government structure and directly addresses it’s worst flaws. The 31st Amendment:

  1. Defines the purpose of each government branch.
  2. Replaces the Office of President with an 11-person Executive Board that acts democratically as a whole.
  3. Expands Supreme Court to 21 justices.
  4. Introduces elections for Supreme Court justices.
  5. Replaces House of Representatives and Senate with a 300-person People’s House, a third of who are chosen at random from the citizenry, the rest chosen by their states.
  6. Establishes fixed, non-renewable 6-year terms for all elected officials.
  7. Establishes clear procedure of removing any elected official by a 2/3 vote.
  8. Changes the threshold for legislation from simple majority (50% + 1) to significant majority (3/5).
  9. Places limits on the pay of elected officials.
  10. Establishes minimal qualifications for being an elected official.
  11. Establishes clear conflict of interest policies for election candidates.
  12. Mandates preferential/ranked choice voting (repeat 30th Amendment).
  13. Establishes standard democratic procedural rules for all branches of government.
  14. Prohibits the two-party system by prohibiting any one or two parties from dominating more than 2/3 of the House.
  15. Prohibits private equity trading while in office.
  16. Establishes requirements for visibility of government meetings.

The Text of the 31st Amendment

Section 1. Political Reforms in Summary

In light of the dysfunction and structural problems of the current government, the Senate and House of Representatives shall be replaced by a single People’s House, which shall make laws, represent the will of the people, and make determinations on matters in which it is authorized; the President shall be replaced by an Executive Board, which shall enforce and administer laws, manage government operations and implementation of policies, and make determinations on matters in which it is authorized; the Supreme Court shall be expanded to 21-seats, and shall justly interpret and apply laws and make determinations on matters in which it is authorized. Details of these reforms are described below:

Section 2. Reformed Legislature

Congress—the House of Representatives and Senate—shall be permanently replaced with a three-hundred (300)-seat People’s House comprised of Representatives. One third (or one-hundred [100] Representatives) shall be chosen at random from the citizenry with at least one (1) Representative from each state; those randomly chosen for service in the House may decline to serve at their sole discretion. The remaining two thirds (or two-hundred [200] seats) shall be elected by citizens of their respective states. The number of Representatives for each state shall number between two to six (2-6) and be determined by population—two (2) Representatives for the least populous state(s), and up to six (6) for the most populous state(s).

Section 3. Reformed Executive

The current head of the Executive Branch, the Office of President, shall be replaced by an eleven (11) Member Executive Board that acts as a whole according to majority consensus. The Board shall be subject to the rule of law like any other branch of government or citizen of the country. The Board may veto House legislation by a two-thirds (2/3) vote. Each Board Member shall also serve as an Officer to oversee a specific government department and function. The Offices shall be as follows: (1) Secretary of Justice and Legal Affairs (who alternates terms with the Secretary of Defense and Law Enforcement as Board President), (2) Secretary of Foreign Affairs and International Relations (who also serves as Board Vice-President), (3) Secretary of Finance and Economic Development (who also serves as Board Treasurer), (4) Secretary of Strategic Planning and Effectiveness (who also serves as Board Secretary), (5) Secretary of Defense and Law Enforcement, (6) Secretary of Healthcare and Community Wellness, (7) Secretary of Education and Job Training, (8) Secretary of Labor and Social Services, (9) Secretary of Infrastructure, Transportation, and Energy, (10) Secretary of Environmental Protection and Natural Resources, and (11) Secretary of Technology and Innovation. Each Board Member shall be elected to the Board for a specific Secretarial Office by popular vote of the citizenry in a general election following a primary election.

Section 4. Reformed Judiciary

The number of Supreme Court Judges shall be twenty-one (21). For each vacancy, the People’s House shall appoint three (3) eligible candidates (see Section 6) and the Executive Board shall appoint three (3) eligible candidates for a pool of six (6) total candidates, to appear on the ballot for a public ranked choice/preferential vote. Like the Executive Board, the Supreme Court may veto House legislation by a two-thirds (2/3) vote. Furthermore, when reviewing the interpretation of federal statutes by executive agencies or departments, courts shall first determine whether Congress has clearly expressed its intent on the precise issue at hand. If such intent is clear, it shall be followed. If the statute is ambiguous or silent on the issue, courts shall defer to the agency or department’s interpretation, provided that it is reasonable and consistent with the statute.

Section 5. Elections, Terms, and Compensation for the Reformed Government

The terms of Representatives, Executive Board members, and Supreme Court Judges shall be single, non-renewable six (6)-year terms. Elections shall be staggered and occur every two (2) years. All elected members of the federal government shall be paid no more than three times (3x) the average annual individual gross income of their primary state of residence.

Section 6. Qualifications for Office

All potential Board Members, Representatives, and Supreme Court Judges must submit (a) general application form, (b) CV/resume, (c) three letters of recommendation, (d) conflict of interest form with disclosures, (e) background check, and (f) official educational transcripts and proof of identity and citizenship to the Nominations and Election Committee in the People’s House to be considered eligible for office. Applicants must (a) be an American citizen, (b) be age thirty to sixty (30-60) at the time of their application, (c) possess a university degree with a cumulative score in the top tercile; (d) not have been convicted of a violent crime, fraud, treason, or insurrection at any point in the past; (e) not currently be a domestic partner, spouse, or immediate family member of another Board Executive, House Representative, or Supreme Court Judge, (f) not have ever been an elected public official of a foreign government, and (g) not have current or pending citizenship or dual-citizenship with any other country. Applicants for the Executive Board must additionally have previously served at least three (3) years on the Board of a firm or of a local or state government assembly or council, and applicants for the Supreme Court Judges must additionally have at least six (6) years of experience in legal practice to be eligible for office. The Nominations and Elections Committee shall determine the validity of eligibility requirements and (a) may not be comprised of any current or past Board Executives, Judges, or officers from the People’s House, (b) not have any members with an immediate familial or financial relationship to applicants, and (c) must disclose any external influence, pressure, or coercion that has been exerted on the Committee to both the Executive Board and People’s House by written means.

Section 7. Election for Office

Applicants for the House or Executive Board who pass the requirements in Section 6, or “Eligible Applicants,” enter a pool of “Candidates” after achieving a defined threshold of popularity as determined by petition signatures and, if applicable, be selected by a political party, to appear on the ballot for primary elections. No more than one (1) Candidate from each political party, and no more than twelve (12) total Candidates, may run for a specific office in the primary elections. The top six (6) winners of the primary election shall appear on the ballot for the general election and elected according to ranked choice/preferential voting.

Section 8. Removal from Office

In addition to Direct Popular Veto (see the Thirtieth Amendment), House Representatives, Board Executives, and Supreme Court Judges may be expelled for violation of the Constitution, policies set forth in relevant bylaws (see Section 9), or other laws, by achieving either (1) a two-thirds (2/3) majority vote of the House, or (2) a two-thirds (2/3) vote of both the Executive Board and the Supreme Court. Hearings and deliberations for expulsion shall not exceed thirty (30) working or in-session days from the start of the first hearing. Members facing expulsion shall have the opportunity to appeal the decision by filing an appeal to an eleven (11) person Grievance Committee in the House whose members are chosen at random from the House, have no conflict of interest, and whose decision to expel or not expel is final. The special Grievance Committee may dismiss the appeal before deliberation if, according to its sole discretion, there are no grounds for legitimate appeal. Deliberations for an appeal may not exceed thirty (30) days.

Section 9. Parliamentary Authority, Bylaws, and Meetings

The People’s House, Executive Board, and Supreme Court shall operate democratically according to the American Institute for Parliamentarians Standard Code (AIPSC2) and moderated by an independent parliamentarian insofar as it does not contradict the contents and requirements in this Constitution. The House, Board, and Supreme Court shall each establish their own bylaws to further govern their activity. Meetings of the People’s House must be audio-video recorded and streamed live to the public. Regular Executive Board meetings, Supreme Court meetings, and committee meetings of the People’s House must publish meeting minutes within thirty-six (36) hours of each meeting and may not conduct more hours of closed-meetings than open-meetings in any given year.

Section 10. Legislation, Limits to Private Shareholding, and Limits to Political Parties

Legislation shall be passed by a 3/5 majority vote of the People’s House and may be vetoed by a two-thirds (2/3) vote of either the Executive Board or the Supreme Court (restated Sections 3-4). The People’s House may overrule such a veto by a two-thirds (2/3) vote. While in office, members of the Executive Board shall not be members of a political party and, while permitted to own, shall not be permitted to transfer private equity and investments. Furthermore, to prevent domination by one or two political parties, no combination of one or two parties may represent more than 2/3 of the People’s House.

Section 11. Adjustments for Federalism

The new government structure shall also apply to state and local levels of government, and to Indian reservations, with reduced numbers of seats as appropriate. The reduced size of state and local governments must number between ten (10) to one-hundred (100) seats for the People’s House; three (3) to eleven (11) seats for the Executive Board; and three (3) to nine (9) seats for the Supreme Court.

Section 12. Implementation Schedule

This Amendment shall come into effect within twelve (12) months of approval. All other, unaddressed rules or policies for (formerly) the House and Senate, the President, and Supreme Court in the pre-Amended Constitution that appropriately and functionally apply to the People’s House, Executive Board, and Supreme Court respectively, do so apply. Current Supreme Court Justices that have already served over six (6) years must resign within three (3) years at their sole discretion. Current members of Congress and the current President shall be disqualified from serving in any role in the newly structured government and are not permitted to reverse this Amendment by any means whatsoever. Until the People’s House and Executive Board is established, the House Administration Committee shall temporarily serve the role of the Nominations and Elections Committee. The current Senate chamber shall be converted into the Executive Board Chamber, the current House of Representatives shall be converted into the People’s House, and the White House shall be converted into the Green House, a net-zero-energy guest house for speakers and participants of government committees.