Problem

The United States was not designed as a democracy. Rather, in the eyes of America’s founders (primarily landlords, slaveowners, and business owners), the state should function as a buffer between the propertyless majority and the property-owning minority. “The Constitution was consciously designed as a conservative document, elaborately equipped with a system of minority locks and dams in order to resist popular tides. The Constitution furnished special provisions for the slaveholding class and for a rising bourgeoisie. For the founders, liberty meant something different from democracy. It meant liberty to invest, speculate, trade, and accumulate wealth without encroachment by the common populace” (Parenti, Democracy for the Few, 13).

“Not only should the low-income majority be prevented from coalescing, its upward thrust upon government also should be blunted with indirect forms of representation:

  • The senators from each state were to be elected by their respective state legislatures rather than directly by the voters.
  • Direct popular election of the Senate was achieved in 1913 when the Seventeenth Amendment was adopted—126 years after the Philadelphia Convention—demonstrating that the Constitution is sometimes modifiable in a democratic direction, though it does seem to take a bit of time.
  • Senatorial elections were to be staggered, with only a third of the Senate facing election every two years, thereby minimizing a sweeping change.
  • The president was to be selected by an electoral college whose members, by 1800, were elected by the people in only five states, and by state legislatures or county sheriffs in the other eleven states. As anticipated by the framers, the Electoral College would act as a damper on popular sentiment. Composed of political leaders and “men of substance,” elected in each state by the voters, the Electoral College would convene months after the election in their various states and choose a president of their own liking. It was believed they usually would be unable to muster a majority for any one candidate, and that the final selection would be left to the House, with each state delegation therein having only one vote.
  • The Supreme Court was to be elected by no one, its justices being appointed to life tenure by the president, with confirmation by the Senate.
  • The only portion of government to be directly elected by the people was the House of Representatives.” (Parenti, Democracy for the Few, 11)

The political system was, in short, specifically meant to be antidemocratic: to prevent the will of the people from being established.

This is to say nothing of countless more problems in the American democratic system, such as:

  1. Filibustering (stalling the election of a bill simply by talking for hours)
  2. Gerrymandering (determining elections by redrawing district boundaries)
  3. Closed Voting (preventing certain outcomes by only permitting citizens to elect within their registered party)
  4. Plurality Voting (a flawed method of determining winners where there is more than 2 candidates on the ballot)
  5. Campaign donations and legalized bribes (undermining election integrity)

Solution

The 30th Amendment directly confronts these systemic flaws in the American democratic system by abolishing the electoral college and plurality voting (mandating popular votes and open voting), abolishing the filibuster, establishing a direct popular veto system, prohibiting campaign donations and financial influence over elections, establishing fixed fair limits to campaign content, prohibiting foreign interference of elections (both ways), and prohibiting gerrymandering.

The Text of the 30th Amendment

Section 1. Abolition of Electoral College and Plurality Voting

Unless otherwise specified in this Constitution, all government elections shall be by popular vote; the Electoral College shall hereby be dissolved. Furthermore, all elections with more than two candidates shall use ranked choice/preferential voting.

Section 2. Prohibition of the Filibuster

Filibustering is unlawful for all levels and branches of government.

Section 3. Open Voting

Elections for public office, such as primary or general elections, shall not be restricted according to the voter’s political party or affiliation; voters may vote for any candidate, irrespective of party affiliation or election level, in all federal, state, and local elections.

Section 4. The Right to Direct Popular Veto (DPV)

Given that the people have ultimate power in the United States, the citizenry shall have the right to directly veto any decision (“Direct Popular Veto,” or “DPV”) made by the government, including legislation and laws, court decisions, executive orders, trade agreements, and regulations, by a three-fifths (3/5) vote with a ten percent (10%) quorum of registered voters.

Section 5. Voting Program and Process

The right to DPV shall be conducted by a Voting Program using (a) a secure, reliable government voting app on verified personal devices and/or through (b) verified, secure, and reliable computers or an equivalent digital interface at public libraries. The Program shall provide an exhaustive, searchable, organized list of government actions and policies (e.g., laws, regulations, executive orders, trade agreements, court decisions) all of which any registered voter can vote to reverse or abolish at any time. Votes for a particular issue that are cast within one (1) year count towards achieving a quorum; votes older than one year are automatically removed from the quorum count as the voting continues. If a legitimate ten percent (10%) quorum has been reached within a twelve (12) month period, all current votes are removed and the election is restarted, beginning the period of a new thirty-six (36) day general election. After forty-five days of public voting on the issue, voting is closed, the results are announced, and the new policy or policy revision must be implemented within a year by default, or within the timetable attached to the issue. Any particular issue may be voted on any number of times. However, the same issue may not be voted on again within the same twelve (12) month period.

Section 6. Federalism for Direct Popular Veto

The aforementioned process of DPV shall be incorporated at federal, state, and local levels. Anyone who actively interferes or hinders DPV shall be liable for election tampering and/or obstruction of justice.

Section 7. Financial and Campaign Limitations

Campaign donations, political advertising, bribes, kickbacks and their equivalent are prohibited for all candidates running for office at every level and department of government. Candidates running for any office may legally promote themselves on a public Election Candidate Platform (ECP)—a government website, app, or its equivalent—that shall fairly host their material with the following limitations of content per candidate: thirty (30) hours of audio content (streaming or recorded); thirty (30) hours of video with audio content (streaming or recorded); one-hundred thousand (100,000) words of text; thirty (30) photographs; thirty (30) infograph images. Candidates and campaign staff who transgress these limitations, or fund external promoters to boost their campaign, shall be disqualified from the ballot. Candidates are also limited to participating in a cumulative total of 30 hours of in-person speeches, debates, talks, and interviews, whether they are or are not recorded. Additional laws may be passed pursuant to this Amendment that apply equally to all candidates in order to (a) ensure a fair election based on candidates’ merit, competency, and principles as opposed to being based on wealth and status, and (b) to ensure that such elections are uninfluenced by private financial power, foreign governments, and other such compromising interferences.

Section 8. Foreign Interference

Foreign governments, corporations, financial institutions, and other entities may not fund lobbying efforts in the United States, nor may the United States or companies headquartered in the United States fund lobbying efforts in foreign countries, interfere in foreign elections, or instigate coups, election tempering, political assassinations, or regime change in foreign lands.

Section 9. Prohibition of Gerrymandering

The drawing of congressional and legislative district boundaries shall be conducted in a fair, impartial, and transparent manner, ensuring districts are contiguous, respect natural and political boundaries, and preserve communities of interest. The use of political affiliation, voting history, or demographic information, except as required by the Voting Rights Act, in districting decisions is prohibited. An independent, non-partisan commission in each state shall oversee the redistricting process, and the composition, appointment, and procedures of these commissions shall be determined by Congress to ensure fairness and transparency.

Section 10. Schedule of Implementation.

This Amendment shall come into effect no later than one (1) year after approval.