Problem

The U.S. Constitution is one of the most difficult Constitutions to amend in the world. It requires not only a 2/3 majority of Congress, but a 3/4 ratification of state legislatures. While it has been amended a stunning 27 times under these difficult conditions, it remains a needlessly difficult hurdle to cross. Furthermore, the U.S. Constitution does not allow revisions (an entirely new draft). Fourteen states in the U.S. allow for a constitutional revision, but not the federal government.

Solution

The 28th Amendment changes the current amendment process in 3 major ways:

  1. Amendments can be made by a 3/5 public referendum (because the people have ultimate power, or at least, they should)
  2. Amendments can be made by a 2/3 vote of congress and a 2/3 vote of either (a) state legislatures or (b) state governors (because a 3/4 supermajority gives too much power to the minority; see AIPSC2).
  3. An entirely new constitution can be written according to a clear step-by-step process if amendments are inadequate for necessary change.

The Text of the 28th Amendment

Section 1. Amendments

This Constitution may be amended by achieving either (1) a three-fifths (3/5) popular vote of eligible voters with a ten percent (10%) quorum, or by (2) a two-thirds (2/3) vote of Congress with approval by either (a) a majority vote of state legislatures or (b) a two-thirds (2/3) of state governors. Amendments may be proposed by any governor or member of Congress and must be made available to the public no less than thirty (30) days before voting. No more than one (1) constitutional amendment may be voted on within the same week.

Section 2. Emendation and Rejection

Once approved for ballot or submitted to Congress, proposed amendments cannot be changed or amended in any part. Unless otherwise stated in this Constitution, once an amendment has been passed it cannot be reversed or rejected by any means except by a new amendment. The submitted text of a Constitutional Amendment is the final text to be voted on and needs no further approval beyond the conditions in Section 1. The same or similar Amendment(s) may be proposed an infinite number of times but not more than once every thirty (30) days.

Section 3. Revisions

This Constitution may be replaced with an entirely new Constitution according to the following process:

(1) Constitutional Committee. Congress shall vote to establish a Constitutional Committee responsible for drafting the new Constitution, which shall be made up of twenty-one (21) Representatives that (a) deliberate democratically according to parliamentary procedure and (b) must not own equity in any company where workers own less than forty percent (40%) of its total equity. The Committee shall include thirty-six (36) non-voting advisory members who (a) are scholars that specialize in historical, international, constitutional, and tribal law (advisors from each of these categories must be represented); (b) do not serve as a Board member or senior manager/executive of any private company; and (c) are independently chosen by twenty-one (21) state Supreme Court Justices of the most populous states. The Court’s selection of advisors may not exceed ninety (90) days from the establishment of the Committee.

(2) Non-Interference. Once the Committee and its advisors have been established, the Supreme Court, Congress, regulatory bodies, government agencies, governments, and any private party shall not interfere with or pressure the Constitutional Committee to include, exclude, or revise any content in the draft Constitution.

(3) Draft Requirements. Upon finishing the Committee draft of the proposed Constitution, the Committee shall vote to submit it to the Supreme Court for eligibility verification solely to ensure that it contains all of the following requirements: (a) ecological principles and requirements to ensure planetary sustainability and survival of sentients; (b) multiple layers or federations of both direct and representative democracy to decentralize power and empower the people; (c) an independent judiciary elected by the people; (d) a list of rights and responsibilities for each office, government branch, and citizens and/or members; (e) policies for preventing imperialism, colonialism, war, and mass destruction of sentient life; (f) policies preventing poverty, ensuring child protection, and ensuring welfare for sentients; (g) conflict of interest policies for any and all officials; (h) policies preventing consolidation and concentration of private wealth and preventing tax evasion; (i) policies governing constitutional amendments; (j) policies for effectiveness and strategic planning at each level of governance; (k) policies requiring accountability, transparency, regulatory oversight and feedback mechanisms of all governing functions and departments; and (l) policies allowing the people to overrule any law, policy or government action by a direct popular 3/5 vote.

(4) Pre-Approval. Upon pre-approval by the Supreme Court solely for fulfilling these essential requirements, the Court shall submit the Constitution draft to Congress for approval. Should the Court find inadequacies and therefore disapprove, it may send the draft back to the Committee for a final revision, followed by re-submission to the Court, in a period of no more than thirty (30) days. Drafts that are not approved by the Court are rejected and ineligible for resubmission for sixty (60) days.

(5) Final Approval. If a two-thirds (2/3) vote of Congress is achieved, the final Constitution draft must then be approved by (a) a majority vote of state legislatures, or (b) a two-thirds (2/3) vote of all state governors, or (c) a three-fifths (3/5) vote of eligible voters with a ten percent (10%) quorum. State legislatures, governors, and voters are required to conduct their ratification vote within sixty (60) days of the Congressional approval.

(6) Date of Effect. If approved, the New Constitution shall come into effect in no more than eighteen (18) months.

Section 4. Constitutional Amendment Replacement

This Amendment replaces Article V of the U.S. Constitution in its entirety.

Section 5. Legislative Enforcement

Unless otherwise stated in this Constitution, Congress shall have the power to enforce any and all constitutional amendments by appropriate legislation.