The notion of popular amendment comes from the conceptual framework of the Constitution. Its power derives from the people; it was adopted by the people; it functions at the behest of and for the benefit of the people. Given all this, if the people, as a whole, somehow demanded a change to the Constitution, should not the people be allowed to make such a change? ... the people may change the constitutions whenever and however they please. This is a right of which no positive institution can ever deprive them." James Wilson, 1787
Update
I should add that I selected the process of amendment as a means to start real dialogue; and because it does bypass the whole attainder issue, though one poster seemed to obsess on that aspect without seeing the subtlety of changing the Constitution to allow for an alternate means of removal of the President and to compell Congress to investigate. Bill Clinton was investigated, castigated and Attainted far in excess of the law without amendment. Anyway, the great part of the Kos community is the ability to throw out ideas, vent, and work for positive change.
Thanks!
XXVIII
- The people of the United States, through their right of popular amendment, compell the termination of tenure and removal from office President George W. Bush, his Vice President, and cabinet, effective immediately upon the passage of this Amendment. This action applies only to the 43rd President, his Vice President, and cabinet, and is undertaken due to presidential usurpation of Constitional authority retained by the People or their duly elected representatives. This usurpation of power and marginalization of the Constitution and is hereby repudiated and rescinded this day ----------- 2007.
- Upon removal from office, the elected remaining Consitutional line of succession shall be honored beginning with the Speaker of the House.
- With enaction of this remedy, a special prosecutor appointed by the new President shall examine the transgressions, malfeasance and miscarriage of the 43rd President's sacred oath as President of these United States of America. The special prosecutor shall examine, but not be limited to, misleading the Congress to undertake an unjust war. Egregious apathy and incompetence which allowed the September 11th 2001 attacks to take place. The implementation of measures defined as torture under the Geneva Convention. The misappropriation of monies on an unprecedented scale. The misallocation of resources in relieving the suffering of the American Gulf Coast after Hurricane Katrina. The implementation of paid propaganda. Spying on American citizens. Imprisoning citizens and peoples of other nations without charge for unlimited periods, in defiance of international treaties and standards of treatment, well past the dictates of a speedy trial and Habeas Corpus. Other as yet undiscovered or unspecified crimes against the United States and international community.
- The 43rd President, his Vice President and cabinet shall be restricted permanently from future elected office having shown grave deficiencies in character and ability.
- The 43rd President, his Vice President and cabinet shall be stripped of all titles, trappings of office, and pensions. The 43rd President and his Vice President will no longer be referred to as having ever possessed that title, having violated the sacred trust of the United States and its citizens, but instead as disgraced former chief executive and so on. The duties of Commander in Chief are immediately revoked, and the military will in good order follow the direction of the new Commander in Chief in the elected succession to 44th President.
- This amendment is considered extraordinary and active only for the grave constitutional crisis sparked by the 43rd President, and shall apply only in this instance.
- Other Chief advisors to the 43rd President shall be compelled to resign at the pleasure of the 44th President, and will be considered as part of the over-arching case(s) developed by the special prosecutor for the People of the United States of America.
- International or unsupervised travel shall be suspended for the former Chief Executive, his Vice President, cabinet members, and others named by the courts as having violated the people's trust, until such a time as the Congress of the Unites States commutes this stricture.
- The Congress shall delegate an appropriate military or civil authority to enforce this amendment.
- The people reserve the right to invoke such measures again in the future if their government is unresponsive to the popular will.