Crossposted at Politicook.net
Last time we got paragraph 4 of Article I, Section 2. We will further investigate Article I this time.
As always, the original text is in blockquote, my suggestions in normal type, and my reasoning in italics.
I want this to be a forum for discussion, not my be all and end all. Suggestions are welcome, as are comments, flames (I do not like them much, but an occupational hazard, but do not be as silly as a critic last time that could not even match the criticism with the part), and most importantly, your thoughts on making a more perfect Union.
Article I, Section 3. Senate. (Paragraph 1)
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
The Senate of the United States shall be composed of two Senators from each state, chosen by the people of the various states legally entitled to vote in any election, and the term of a Senator shall be for six years. Each Senator shall have one vote.
This obviates the Constitutional amendment from the early twentieth century that allowed for popular election of members of the Senate. Otherwise, not any net effect.
Article I, Section 3. Senate. (Paragraph 2)
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
The system of classes of Senators in the original document will be preserved, such that one third of Senators are up for election every two years. If any vacancy occurs through resignation, death, or permanent disability, to be defined by law, the governor in the state from which the Senator will declare a special election within thirty days of such vacancy, and that election shall be held within thirty days of the declaration. Any substitute elected will be considered to fill out the former Senator's term, and have no advantage in the subsequent election for that Senate seat.
This eliminates an archaic part of the Constitution, before there was a Senate, but preserves the tradition. It cleans up the archaic grammar and capitalization rules, and removes the last vistiage of state appointment of Senators by replacing it with a special election, just like for Representatives. It also requires that a law be made to define "permanent disability" of a Senator.
Article I, Section 3. Senate. (Paragraph 3)
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
Any person to be elected as a Senator must have attained the age of thirty years at the time of confirmation, must have been a citizen of the United states for nine years at the time of confirmation, and be a legal resident of his or her state for at least two years at the time of confirmation. A legal resident, in addition to any additional requirements by a particular state, or the two years minimum residence in this document, is defined as a person whose sole voter registration is in that state.
This clarifies the original intent, modernizes the language, and makes it clear that a Senator must be a legal resident of the state that he or she wishes to represent. This gets more important later. Notice that I have upped the residence requirement to two years, rather than the one for a Representative.
Article I, Section 3. Senate. (Paragraph 4)
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Vice President of the United States shall be President of the Senate, but shall have no vote unless the Senate is equally divided in its vote. The Vice President shall have no other role, except for that defined in this document, other than presiding over the Senate. In no way is the Vice President to be considered a member of the Executive Branch except on replacement of the President by the Vice President.
This cleans up the archaic expressions, and puts a definite limit on the powers of the Vice President, and defines the office of the Vice President to be part of the Legislative Branch of the government, and, I think, for good reason.
Article I, Section 3. Senate. (Paragraph 5)
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall choose their other officers, including a President pro tempore, to serve in the absence of the Vice President due to exigent circumstances, to include taking office of the President of the United States. Neither the Vice President nor the President pro tempore my delegate those duties to anyone else except as determined by law.
This cleans up archaic language, and makes it clear that the posts leading the Senate are important, critical, and not to be given away lightly.
Article I, Section 3. Senate. (Paragraph 6)
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President, or the Vice President of the United States is tried, the Chief Justice of the Supreme Court of the United States shall preside. If this is the case, then the Vice President has no tie breaking vote. In other cases, the President of the Senate shall preside. No person shall be convicted unless two-thirds of the Senators vote for conviction.
This clears up archaic language and capitalization, and also clarifies that only when the President or Vice President is tried that the Chief Justice shall preside, and removes any vote by the Vice President in these cases. It also clarifies that the President of the Senate is the presiding officer in all other cases.
Article I, Section 3. Senate. (Paragraph 7)
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: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold any future office or to be a contractor to the United States. The party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law. In addition, conviction of impeachment removes any benefit of pardon by the next President for any offenses, indicted or not.
This clean up the language, as usual, but also adds that one convicted can not be a contractor for the government as well. It also removes any promise for immunity, rendering the Presidential pardon ineffective in these cases.
Well, this is long enough. Please supply me with more things about which to think. Warmest regards, Doc.