Symposium | The Democracy Constitution

A New Constitution for The United States

By The Delegates of the Democracy Constitution

Tagged ConstitutionDemocracy Constitution

WE THE PEOPLE of the United States do ordain and establish this Constitution for the United States of America, in order to form a more perfect Union founded on liberty, dignity, democracy, and equality; to seek truth and promote justice, past and present; to provide for the security and general welfare of the Nation and all who call it home; to find unity in our diversity and make common cause as one Nation, indivisible; to promote peace and goodwill among nations and hope for all who yearn to breathe free; to foster respect for the earth and all of its inhabitants; and to secure these blessings to ourselves and our posterity.

Article I – Bill of Rights

All humans are social and political beings who can flourish only under conditions of advanced democracy. To this end, they are entitled to the full range of democratic freedoms and rights, consistent with human dignity, including, the right to an education, personal autonomy, freedom of expression, assembly, and the press, the right to dignified labor, and the right to health, safety, and community.

The human rights and freedoms defined in Article 1 of this Constitution shall bind the United States and every governmental subdivision thereof. The rights enumerated in Sections 2 through 11 are subject only to reasonable limitations prescribed by such laws that are necessary in a democratic society and compelled by the public interest. Congress shall have the primary power and duty to secure the rights established in this Article by appropriate legislation.

The enumeration of rights in this Constitution shall not be construed by the courts to deny or disparage others retained by the people. Congress shall have the power and duty to identify and protect additional rights that are necessary in a free society and consistent with the public interest.

SECTION 1: ABOLITION OF SLAVERY, TORTURE, AND DEGRADING TREATMENT
Neither slavery nor involuntary servitude shall exist within the United States, or any place subject to its jurisdiction. No person shall be subjected to torture, or to inhumane or degrading treatment, including while in confinement and through punishment. Capital punishment is prohibited.

SECTION 2: CITIZENSHIP AND EQUALITY
All persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and the States in which they reside, with all the privileges and immunities of citizenship. Everyone has the right to equal protection of the laws and equal rights under the law. No person shall be subjected to unjust discrimination on account of race, color, religion, national or social origin, ethnicity, sex, sexual orientation, or gender. Reasonable governmental measures designed to protect or advance groups disadvantaged by past discrimination are permitted.

SECTION 3: FREEDOM OF RELIGION, PRESS, ASSEMBLY, PETITION
All persons shall have the right freely to exercise their religion, to express and disseminate their opinions in speech, writing, and pictures in any medium and to inform themselves without hindrance from generally accessible sources. Freedom of the press and freedom of reporting shall be guaranteed. The people shall have the right to assemble peaceably and to petition the government for redress of their grievances. Art and scholarship, research, and teaching shall be free. There shall be no censorship.

Neither the federal nor the state governments shall establish any religion or
promote any religious organization.

SECTION 4: PRIVACY AND FAMILY LIFE
All persons shall have the right to freedom of association, autonomy in marriage, and reproductive freedom. Caregiving relationships between people shall be protected. Neither the federal nor the state governments shall unreasonably intrude upon the privacy of the home, personal relationships, or family life.

SECTION 5: CRIMINAL PROCEDURE/POLICING PROVISIONS
All persons shall have the right to liberty, privacy, and security in their persons, movements, homes, identities, papers, communications, data, and effects. Reasonable searches and seizures are permitted only in accordance with a procedure prescribed by law and the provisions outlined in this Section.

Barring exigency supported by probable cause, no government official may engage in a search or seizure except as specified in a warrant before a neutral magistrate. The warrant must be supported by an affidavit demonstrating probable cause to believe that the person seized is guilty of an offense or provides evidence of an offense, and is located in the place to be searched.

No statement made by a suspect while in custody shall be admissible in the suspect’s trial or any subsequent proceedings unless the statement is made under oath in a public hearing contemporaneously recorded, before a magistrate, and with the advice of counsel; and unless the suspect is provided with access to all inculpatory and exculpatory material possessed by the government at the time of the statement.

All criminal defendants shall have the right to effective assistance of competent counsel through all stages of a criminal proceeding, including at preliminary hearings, plea negotiations, trial, sentencing, appeal, and post-conviction review.

The government shall provide counsel at no cost to indigent defendants and at reduced cost to defendants unable to afford the full cost of counsel. Counsel provided to these defendants shall be guaranteed adequate compensation and a reasonable workload.

No person shall be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against oneself, nor be deprived of life, liberty, or property, without due process of law.

All criminal defendants shall be tried before a jury, drawn from a random cross-section of the community in which the alleged crime has been committed, unless the right is knowingly and intelligently waived by the defendant. No verdict shall be rendered except by unanimous vote of the jury.

No judge shall impose a sentence of incarceration without finding by clear and convincing evidence that legitimate penological objectives cannot be achieved by a lesser or non-custodial sentence. All persons subject to incarceration shall be entitled to regular review by a judge, who shall determine whether continued incarceration is required to achieve legitimate penological objectives. No sentence shall be imposed that is cruel or unusual or that is disproportionate to the offense of which the defendant is convicted; and no person shall be subjected to excessive bail.

SECTION 6: DUE PROCESS IN CIVIL MATTERS
In the determination of civil rights and obligations, all persons are entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal. No person shall be deprived of life, liberty, or property without due process of law.

Property shall not be taken for public use without just compensation paid within a reasonable time period.

SECTION 7: WORKERS’ RIGHTS
All persons have the right to a decent standard of living. To secure this right, Congress shall build and maintain an economy that, through well-ordered labor markets and social provision, affords such a standard of living to all.

All persons shall have the right to work under equitable and safe conditions, and shall receive equal pay for equal work.

Workers shall be guaranteed freedom from unjustified dismissal and from unjust discrimination in respect of employment and occupation.

Workers shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other peaceful concerted activities, including but not limited to strikes, boycotts, picketing, and other forms of petitioning and protest for purposes of mutual aid or protection, free from governmental or employer interference.

Workers shall have access to meaningful democratic processes for participation in decisions regarding their terms and conditions of work, whether through collective bargaining or otherwise, and for participation in the governance of the organizations for which they work, whether through representation on boards of directors or otherwise.

Contracts and statutes relating to terms and conditions of work shall be interpreted and their validity judged with due regard for the inequality of bargaining power that generally characterizes relations between individuals and the organizations for which the individuals perform work.

SECTION 8: MEASURES TO REDUCE INEQUALITY

In order to counter the corrosive effects of extreme concentrations of wealth on a republican form of government, and in recognition that such wealth often derives from a stable and productive society created, nurtured, and financed by the people through their government, Congress shall maintain a federal tax structure that is based on progressive taxation. Congress shall have the power and duty to impose a tax on income, wealth, and estates. Among the purposes of said taxes is to ensure that all persons maintain a decent and dignified standard of living.

All citizens 18 years or older shall be guaranteed an annualized income amounting to no less than one-fourth of the annual compensation received by members of Congress.

All residents with wealth in excess of two-hundred times the compensation of members of Congress shall pay an annual tax of no less than 2 percent of that excess wealth.

SECTION 9: LEGISLATIVE DUTIES T O ASSURE HEALTH CARE AND EDUCATION
Congress shall ensure to all residents a right to adequate health care, including preventive and reproductive health care. No person may be refused emergency medical treatment.

Congress shall ensure to all residents the right to an education sufficient to fully participate in the polity and pursue decent work and livelihoods. Educational disparities and segregation of students resulting from the resources of their parents shall be minimized.

SECTION 10: ENVIRONMENTAL RIGHTS

The right of the people to clean air and water, and to the preservation of a safe and healthy environment, shall not be infringed. The public natural resources of the United States are the common property of all the people, including future generations, and shall be preserved and maintained for the benefit of all.

SECTION 11: WRIT OF HABEAS CORPUS AND OTHER RIGHTS

The privilege of the Writ of Habeas Corpus shall not be suspended, nor shall bills of attainder or ex post facto laws be passed.

Article II – Congress

Section 1: Organization of Congress
There shall be a Congress of the United States, which shall consist of three chambers: a House of Representatives, a Senate, and a Council of Indigenous Nations. These bodies shall operate by majority rule. No supermajority rules may be adopted unless they are expressly allowed by this Constitution. References to Congress in this Constitution are limited to the House of Representatives and the Senate, unless otherwise noted.

Section 2: Organization of the House of Representatives
The House of Representatives shall be composed of members chosen every fourth year. Their terms shall begin at noon on the 3rd day of December following the national election day.

Representatives shall be at least 25 years of age, and must be citizens of the United States and residents of the States in which they are elected.

Representatives shall be apportioned among the several States, District of Columbia, and territories according to their respective numbers, counting the whole number of persons in each State, as determined by a decennial census of the United States. There shall be at least one representative for every 500,000 persons and every State is guaranteed at least one representative. The number of representatives shall be adjusted after each census in accordance with changes in population.

When vacancies occur in the Representation from any State, the Executive Authority thereof shall issue writs of election to fill such vacancies. Congress shall pass a law to ensure the continuity of government.

The House of Representatives shall choose its Speaker and other officers.

Section 3: Organization of the Senate
The Senate shall be composed of at least one Senator from each State chosen by the people for six years and each Senator shall have one vote. Additional Senators shall be determined on the basis of state population in increments of five million persons, as determined by a decennial census of the United States. No State shall have more than six Senators. They shall be divided into three classes such that one-third of the Senators are elected every two years. The number of Senators shall be adjusted after each census in accordance with changes in population. Their terms shall begin at noon on the 3rd day of December following the national Election Day.

Senators shall be at least 25 years of age, and must be citizens of the United States and residents of the States in which they are elected.

The Vice President of the United States, who is part of the executive branch, shall be President of the Senate, but shall vote only when the senators are equally divided.

The Senate shall choose its other officers, and a President pro tempore, in the absence of the Vice President, or when the Vice President shall exercise the Office of President of the United States and no successor has been chosen.

Section 4: Rules for Proceedings
Each chamber of Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of December, unless they shall by law appoint a different day.

A majority of each chamber shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in which manner and under such penalties as each chamber may provide.

Each chamber may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

Each chamber shall keep a journal of its proceedings, and regularly publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of all chambers on any question shall, at the desire of one-fifth of those present, be entered on the journal. Any agency of Congress is required to account for its activities to the public on a regular basis.

No chamber, during the session of Congress, shall adjourn for more than three days, nor to any other place than that in which the three chambers shall be sitting.

Members of all three chambers of Congress shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except Treason, Felony, and Breach of the Peace, be privileged from arrest during their attendance at the session of their respective chambers, and in going to and returning from the same; and for any speech or debate in any chamber, they shall not be questioned in any other place.

No person holding any office under the United States, shall be a member of the House, the Senate, or the Council of Indigenous Nations during their continuance in office.

Section 5: Legislative Process
All bills shall originate in the House of Representatives; but the Senate or the President may suggest bills to the House. The Council of Indigenous Nations may suggest bills to the House consistent with the provisions in Article 4, section 2. The Senate and the Council of Indigenous Nations may originate concurrent resolutions which do not have the force of law.

Every bill which shall have passed the House of Representatives shall be presented to the Senate. Every bill which shall have passed the House of Representatives that affects the treaty or other legal rights of Indigenous Nations shall be referred to the Council of Indigenous Nations, where it will lay before the Council for ninety days, consistent with Article 4, section 2. If the Senate approves a bill presented to it by the House within 120 days, it shall be presented to the President of the United States for their signature; if the Senate does not approve it within the same period it shall be returned to the House of Representatives for further consideration. If a bill passes the House of Representatives for a second time, it shall be presented to the President for their signature. If the House specifies that the legislation is a response to an emergency, then the period for Senate approval shall be reduced to thirty days, after which it shall automatically be sent to the President for approval or disapproval.

Every bill approved under the procedure just stated shall, before it becomes a law, be presented to the President of the United States; if the President refuses to sign it, it shall be returned, with explanation, to the House of Representatives, who shall enter the objections at large on their Journal, and proceed to reconsider it. If after such reconsideration an absolute majority of House members shall agree to pass the bill, it shall become a Law. If any bill shall not be returned by the President within ten days after it shall have been presented, the same shall be a Law, in like Manner as if the President had signed it.

Provided that the House of Representatives and the Senate may, by a law passed by both chambers and signed by the President, authorize actions by the President that they may veto by the concurrent vote of both chambers.

Section 6: Powers of Congress
The House of Representatives and the Senate shall have power to investigate all matters and conditions relating to or in furtherance of its constitutional power, and to investigate the workings of all branches and agencies of government; and

To enact all laws to enforce this Constitution and that it deems appropriate to promote the general welfare of the people of the United States or of any segment thereof.

The House of Representatives and the Senate should exercise their plenary power if the objectives sought can be best achieved through national action, but only if and in so far as the objectives sought cannot be sufficiently achieved by other governments, regional, state, or local.

The House of Representatives shall have the power to confirm federal court appointments, so long as sixty percent of the members present agree to said appointment.

Unless expressly authorized by the House of Representatives and the Senate, laws enacted by subnational legislatures are void and of no effect if they create obstacles to the full achievement of the objectives of laws made in pursuance of the Constitution. However, subnational legislatures may exercise concurrent powers over matters of common concern unless Congress explicitly prohibits such exercise.

No money shall be drawn from the Treasury except as a consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published every year.

Article III – Voting Rights and Federal Elections

Section 1: Voting Rights
Citizens of the United States 18 years of age or older have the right to vote in federal, state, and territorial elections in the jurisdiction in which they reside. Congress can pass legislation making voting mandatory in federal elections.

Neither the United States nor any state shall enact laws that have the purpose or effect of denying the right to vote on account of race, color, previous condition of servitude, sex, age, prior incarceration, or failure to pay a poll tax or any other tax, fee, or fine.

Section 2: Congressional and Presidential Elections
Members of the House of Representatives can be chosen in single-member or multi-member districts. They shall be chosen using a ranked-choice voting method. Members of the Senate shall be chosen on a statewide basis.

The President and Vice President shall be elected together for terms of four years by a national popular vote conducted using a ranked-choice voting method. The terms of the President and the Vice President shall end at noon on the 20th day of December.

Section 3: National Election Commission
There shall be a National Election Commission (NEC) which shall have exclusive authority and jurisdiction over federal elections. The NEC shall be composed of three members who will serve for staggered seven-year terms. Their appointment shall be determined by Congress, but the NEC shall be financed independently by the Federal Reserve Board.

The NEC shall perform, administer, and supervise all tasks necessary with respect to federal elections, including ensuring voting rights, voter information and civic education, voter registration, maintenance of voter lists, ballot design and integrity, ballot access, requirements for candidacy, election administration, and resolution of election disputes. The NEC shall certify the results of every federal election. The NEC shall provide advice to state and local governments with respect to drawing legislative district boundaries on a nonpartisan basis. The NEC may perform the foregoing tasks for state elections at their request.

The NEC shall designate a weekday in the first week of November as the national Election Day, which shall be a national holiday. The NEC shall designate the beginning of the election process to occur no earlier than six months before the national election day.

To protect the integrity and fairness of the electoral and legislative process and to guarantee the dependence of elected officials on the people alone, the NEC shall limit the influence of private wealth, including by establishing systems of exclusive or optional public financing for elections, imposing limits on and disclosures of contributions and expenditures, and regulating the practice of lobbying.

Each state and territory shall establish an independent commission for the purpose of creating, maintaining, and redrawing legislative district boundaries on a nonpartisan basis. The number of persons represented by each Representative within a State and territory shall be substantially equal between districts.

Article IV – United States Relations with Indigenous Nations

Section 1: Indigenous Nations and Sovereign Authority
Indigenous Nations whose territories lie within the boundaries of the United States are sovereign nations. Their nationhood and authority are inherent and not derived from this Constitution.

The sovereign authority of an Indigenous Nation to govern its territory and citizens is not subject to unilateral modification by the United States, and may be modified only by treaty or with the Indigenous Nation’s explicit, voluntary consent to federal legislation.

No State shall apply its laws within the territory of an Indigenous Nation without the Indigenous Nation’s explicit, voluntary consent.

Section 2: Indigenous Nations’ Relationship with Congress and the President
Congress has the authority to establish an Indigenous Nations court of appeals to review Indigenous Nations’ judicial decisions. If such a court is established, an Indigenous Nation’s judicial decisions shall be subject to review therein only with the explicit, voluntary consent of the Indigenous Nation.

The President and Executive Branch have authority to enter into treaties and formulate policies that further the unique sovereign interests of Indigenous Nations, subject to the Indigenous Nations’ explicit, voluntary consent. Congress has the authority to enact legislation that furthers the unique sovereign interests of Indigenous Nations subject to the requirement of explicit, voluntary consent and in accordance with the procedures prescribed in Article 2, Section 5.

There shall be in Congress a Council of Indigenous Nations consisting of one representative from each Indigenous Nation, selected according to each Indigenous Nation’s voting and eligibility rules. Each representative to the Council of Indigenous Nations shall serve for a term of four years. No person may be a member of the Council of Indigenous Nations who is also a member of the Senate or House of Representatives. Each member of the Council of Indigenous Nations shall be a citizen of the Indigenous Nation by which they have been selected. Voting shall be weighted according to the population of the Indigenous Nations at the last regular census and consistent with rules formulated by the Council within one year of ratification of this Constitution, and updated as necessary thereafter. An Indigenous Nation may opt not to send a representative to the Council of Indigenous Nations and may opt in or out at any time. No bill affecting the treaty or other legal rights of Indigenous Nations shall become law until it has laid before the Council of Indigenous Nations for ninety days. The Council of Indigenous Nations shall have authority to initiate bills affecting Indigenous Nations. No nomination to an office the duties of which specially touch and concern Indigenous Nations shall be confirmed until it has laid before the Council of Indigenous Nations for at least fourteen days.

Section 3: Indigenous Nations and Citizenship
All citizens of Indigenous Nations shall also be citizens of the United States and the State in which they reside. Indigenous Nations citizens may withdraw from United States citizenship, subject to the laws of their Indigenous Nation and any Treaties with the United States.

Article V – The Presidency

Section 1: Powers and Duties
Except as otherwise provided by law, the power to enforce and execute the laws shall be vested in a President of the United States of America. Except as otherwise provided by law, the President shall supervise the principal officers of each executive department or agency. The President shall take care that the laws be faithfully executed.

The President must be at least 35 years of age, a citizen of the United States, be fourteen years a resident of the United States, and have served at least four years in elected office.

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once.

The President shall be the civilian in charge of supervising the armed forces of the United States, and of the national guard forces of the several states, when called into the actual service of the United States.

The President shall have the power to grant pardons for criminal offenses against the United States; but this power shall not extend to a pardon by the President of himself or of any person who has conspired with the president to commit a criminal act. The pardon power shall not be construed to terminate or otherwise interfere with an impeachment under this Constitution.

The President shall annually give to Congress accurate information of the state of the union and recommend to their consideration such measures as the President shall judge necessary and expedient; may convene the House and the Senate, or either of them; shall receive ambassadors and other public ministers; and shall commission all the officers of the United States.

The President shall have power to negotiate and propose to Congress treaties with Indigenous Nations and foreign nations, and all international agreements. Any such proposal will be considered ratified and valid as law unless the House and the Senate disapprove by a majority vote within one year.

The President may propose legislation for the House of Representatives to consider. The House must hold a vote on the proposed legislation, or an amended version thereof, within 180 days of its introduction.

The President shall have power to appoint ambassadors, other public ministers and consuls; and, with the consent of the House of Representatives, federal judges, and all other officers whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments or agencies. The appointment of the Attorney General of the United States, however, shall require a two-thirds vote for confirmation. The Attorney General may be removed from office, other than by impeachment and conviction, only for good cause. Presidential nominations must be submitted within 90 days of a vacancy, and inaction by the House of Representatives will result in the appointment of the nominee after ninety days.

Before entering on the execution of the office, the President-Elect shall take the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Section 2: Compensation, Removal, and Impeachment Process
The President shall at regular intervals receive a compensation, which shall neither be increased nor diminished during the period for which the President shall have been elected, and shall not receive within that period any other emolument or thing of value from the United States, or any of them, or any foreign state.

In case of the removal of the President from office or their death or resignation, the Vice President shall become President upon taking the oath of office. If, at the time fixed for the beginning of the term of the President, the President-Elect shall have died, the Vice President-Elect shall become President upon taking the oath of office. Congress may by law specify who shall act as President if the NEC has not certified a President-Elect by the time fixed for the beginning of the term of the President or if the President-Elect and the Vice President-Elect have died at that time.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of the House and the Senate.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives a written declaration that they are unable to discharge the powers and duties of their office, and until they transmit to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

The President, Vice President, and federal judges shall be removed from office on impeachment for, and conviction of abuse of the public trust, or of treason, bribery, or other high crimes and misdemeanors. Such officials may be impeached after they have resigned or otherwise terminated their office.

The House of Representatives shall have the sole power of impeachment by a majority vote of the members present. The Senate shall have sole power to try all impeachments and may convict by a two-thirds vote of the members present. When sitting for that purpose, they shall be on oath or affirmation. When the President or Vice President of the United States is tried, the Chief Justice shall preside. Impeachment is not a civil or criminal process.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States, including the Presidency and Vice-Presidency, and any position in the Congress of the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Section 3: Emergency Powers
In the event of an emergency, such as war, rebellion, natural disaster, pandemic, or other conditions that threaten the Republic, and in which the institutions specified in this Constitution cannot function, the President may declare a state of emergency, throughout the country or part thereof. The state of emergency must be confirmed by Congress within seven days, and if the conditions persist for more than 30 days, Congress must authorize its extension for 30 days by majority vote. Further extensions require sixty percent of members present to approve. During a state of emergency, the President may take such steps as are reasonably necessary, excluding amending this Constitution. The judiciary retains the power to review all acts of the President during a state of emergency. No state of emergency, however, can justify the derogation of the fundamental right not to be tortured or subjected to other inhumane and degrading treatment.

Article VI – The Judiciary

Section 1: Structure of the Judiciary
The judicial power of the United States shall be vested in one Supreme Court and in such other courts as Congress may establish. There shall be at least eight, and always an even number of, Justices of the Supreme Court, each appointed for a single 16-year term subject to good behavior. Should a Justice of the Supreme Court fail to serve a full sixteen-year term, the President shall, with the consent of the House of Representatives, appoint a replacement to serve for the remainder of the term. Congress shall establish minimum qualifications for Justices of the Supreme Court, and term lengths and minimum qualifications for other federal judges.

Section 2: Judicial Power
The judicial power shall extend to all cases arising under the Constitution, Treaties, and laws of the United States, and to other matters as determined by Congress. The Supreme Court’s jurisdiction is to be exercised by certiorari unless Congress places particular questions within the Court’s mandatory jurisdiction and establishes the rules for such jurisdiction’s exercise.

Congress shall prescribe rules for prompt appellate review of any decision by a lower federal court deeming an act of Congress unconstitutional. Such rules shall bar the entry of a nationwide injunction by a single judge, and any act of Congress deemed unconstitutional by any lower court shall remain in effect while pending appellate review, including by the Supreme Court.

The Supreme Court’s authority to invalidate acts of Congress is limited by the following conditions:

(1) at least three-quarters of the Justices must sign a single majority opinion;
(2) Any act of Congress deemed unconstitutional by the Supreme Court shall remain in effect until Congress acts to amend, repeal, or renew it, and shall cease to have effect if Congress fails to take such action within eighteen months of the date of the decision;
(3) the Supreme Court may enjoin any provision of any act of Congress that three-quarters of the Justices in a single majority opinion deem manifestly unconstitutional, with immediate effect.

Article VII – The States and Federal Supremacy

Section 1: Prohibitions on States
No state shall enter into any treaty, alliance, or confederation; coin money; emit bills of credit; pass any bill of attainder, ex post facto law, or grant any title of nobility.

No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with a foreign power, or engage in war.

Sec 2: Relationship of States and Territories to Federal System
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

The citizens of each state and each territory belonging to the United States shall be entitled to all privileges and immunities of citizens in the several states, and the Congress shall have the power to enforce this provision by appropriate legislation.

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which they fled, be delivered up, to be removed to the state having jurisdiction of the crime, and the Congress shall have the power to enforce this provision by appropriate legislation.

New states may be admitted by the Congress as part of the United States. Inhabitants of any territory belonging to the United States shall be granted the opportunity to vote to require the United States either to relinquish its claim on such territory or to admit such territory as a new state. Congress shall ensure that the District of Columbia is admitted as a state within two years of the ratification of this Constitution.

The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States, provided that it guarantees to any territory a republican and democratic form of government and all of the federal constitutional rights of persons enjoyed by citizens of the several states; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

The United States shall maintain a republican and democratic form of government and it shall guarantee to every state in this union a republican and democratic form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against public disorder and terrorism, and the Congress shall have the power to enforce these guarantees by appropriate legislation.

Section 3: Federal Supremacy
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the prior Constitution.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding.

The Representatives and Senators before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Article VIII – Amendment of Constitution

Section 1: Amendment by Congress
The Congress, by an agreement of the majority of the members of the House and the Senate, may propose any amendment to this Constitution. Such proposed amendment shall be referred to the next regular legislative session convening after the succeeding general election of members of the House of Representatives. If the proposed amendment is agreed to by a majority of all the members elected to the House and the Senate in such legislative session, the Congress shall submit it to the people; and if the people shall approve and ratify by a majority of those voting on the next federal Election Day not less than 90 days after Congress’s adoption of the amendment, it shall be valid to all intents and purposes as part of this Constitution.

Section 2: Amendment by Citizens’ Assembly
The Congress, whenever a majority in the House and the Senate deem it necessary to abridge any rights guaranteed by this Constitution, shall convene a Citizens’ Assembly. The Citizens’ Assembly shall be composed as follows: two-thirds of its members shall be randomly selected citizens reflecting a fair cross section of the nation, and one-third of its members shall be randomly selected members of Congress. After deliberating under procedures and timelines that the Congress shall prescribe, the Citizens’ Assembly shall propose amendments approved by two-thirds of its members. The Congress, by a majority vote of the House and the Senate, shall determine whether any amendment proposed by the Citizens’ Assembly shall proceed to ratification, and select the mode of ratification. Such proposed amendment shall be valid to all intents and purposes as part of this Constitution when ratified by the legislatures of three-fourths of the several states, or by a three-fifths majority of the people voting in the next general Congressional election.

Section 3: Implementation
The Congress shall have the power to implement Sections 1 and 2 of this Article through reasonable means.

Article IX – Ratification of Constitution

Ratification by popular referendum shall be sufficient for the establishment of this Constitution provided at least sixty percent of voters agree to the same. All persons eligible to vote in federal elections under this Constitution are eligible to vote on its ratification.

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The Delegates of the Democracy Constitution The delegates are a collection of writers, professors, and thinkers Democracy convened to write a new constitution. The full list can be seen here.

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The Democracy Constitution: The Votes

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