Fixing the Constitution's Flaws

On Friday, in this post, I proposed the idea that a Republican governor could run a very radical, attractive presidential campaign for 2012 by promising to convene a Constitutional Convention of the states and facilitating a substantial modification of the agreement uniting the 50 states.

Some of the ideas I advanced for such a modification were,

"I contend that a candidate who ran on the express theme of facilitating a Constitutional Convention to revise the pact to explicitly strip the federal government of ad hoc powers, limit its future power, and insert needed modifications for the modern era, e.g., term limits, staff size limits, campaign finance remedies, prohibition of non-cabinet administration officials with significant budgets or power, and new eligibility rules for Congress, would offer voters a truly fresh, positive and meaningful alternative to the tired old, similar platforms of the two current parties."

I've begun to enumerate a list of flaws in our current Constitution. Weaknesses which have, over time and with increasingly federal-power-enhancing court decisions, advancing technology and generally changed times, been exploited to radically alter American life substantially from the character it had even just 50 years ago.

Rather than settle for a string of unrelated amendments to the Constitution, I believe the time has come for a more thorough reconsideration and, where necessary, rewrite of the articles themselves, as well as adding some less integral amendments.

Friday's passage of the comprehensive, ill-considered and not-fully-costed energy 'cap and trade' bill in the House by just 7 votes is a prime example of the sort of law-making which is almost certainly not what voters really desire.

Because one party happens to hold majorities in the House and Senate, and holds the White House, they are ramming through bills of epic proportions, in terms of both spending levels and social re-engineering, often times with not one Republican vote joining those on the side passing the legislation.

Here's a list of what I consider to be problems resulting from the current federal governmental situation, both because of Congressional and Executive expansion of power, and court interpretations allowing expansions of federal power.

1. Existence of so-called 'czars' in the executive branch who are not confirmed by the Senate
2. Lifetime appointments to the Supreme Court and other federal benches
3. Passage of legislation over significant minority opposition with no attempt at compromise
4. Professional, lifetime political careers for Senators nor Representatives
5. Special treatment of federal employees/Congress with respect to pensions, healthcare and other benefits

6. Omnibus spending bills accounting for large percentages of the federal budget, so large that they are literally unread in their entirety prior to passage

7. No line item veto

8. Excessively complex legislation written by large Congressional staffs

9. Novice politicians gaining entry to the Senate due to the amendment requiring direct election of this body intended to be more deliberative and experienced than the House

10. Escalating cost of Congressional campaigns and the mess made by a series of campaign finance 'reform' laws and their collision with First amendment free speech rights

In subsequent posts, I'll offer my solution and reasoning for it.