The Constitution of the Democratic Republic of America

Harlei Morency updates his draft of a new democratic constitution

By Harlei Morency

After talking to Daniel Lazare, who's a strong proponent of a parliamentary form of government, I have taken his criticisms on board and created another draft Constitution to compare and contrast the differences between a Presidential Republic and a Parliamentary Republic, both of which would be far more democratic than our current system anyways. Of that, there is no debate to be had.

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Article 1: The Structure of the Democratic Republic of America

Section 1: The Democratic Republic of America shall be a Unitary State with its administrative capital located in Washington, D.C. The ultimate political authority of the Democratic Republic of America shall lie in the Central Government of the Democratic Republic of America, with the powers and responsibilities of subnational units determined solely by the Central Government. 

While in office, all elected officials and civil officers of the Democratic Republic of America shall be subject to all manner of civil suits and criminal prosecutions and can be requested by subpoena to testify under oath under penalty of perjury and produce all requested information to a prosecutor in a criminal proceeding. 

Section 2: The Democratic Republic of America's full legislative and executive powers shall be vested in a unicameral legislature, the House of Representatives of the Democratic Republic of America.

Every citizen of the Democratic Republic of America aged 16 and older shall be eligible to serve as a Representative.

Section 4: On the first Sunday of November after this Constitution is ratified, 700 members of the House of Representatives shall be elected on a single nationwide constituency to serve for a 4-year term through an open-list party proportional representation system with seats allocated to contesting political parties using the Hare quota.

Any political party or electoral alliance between political parties that wishes to be represented in the House of Representatives must first win at least 1% of the national popular vote, corresponding to at least 7 seats in the House of Representatives.

The Head of Government and the Head of State of the Democratic Republic of America, known as the Prime Minister, shall be an elected member of the House of Representatives himself and must be elected by at least 350 members of the House of Representatives to serve as Prime Minister for one 4-year term at a time. 

The Prime Minister shall be accountable to his Cabinet, the elected members of the House of Representatives and to the American People.

The Prime Minister shall be tasked with leading the Cabinet as well as assuming the powers and responsibilities of the Executive Branch of the Democratic Republic of America.

The Prime Minister may be removed from office by at least 350 members of the House of Representatives through a vote of no-confidence, which may be called for by any representative.

If the no-confidence motion succeeds, then the House of Representatives shall be dissolved with immediate effect, the Prime Minister shall become Acting Prime Minister with immediate effect and a snap election shall be immediately held for the House of Representatives for another 4-year term.

Whenever the Prime Minister does not serve his full 4-year term, then the House of Representatives shall be dissolved, and a snap election shall immediately be held for the House of Representatives for another 4-year term.

There shall be no other limits to how long a Prime Minister may serve as Prime Minister.

Section 5: The first legislative session of the House of Representatives shall be scheduled to start at noon exactly 2 weeks after the first election for the House of Representatives in the Democratic Republic of America is held, as will be the case with every legislative session to follow.

A legislative session shall last for no shorter and no longer than 4 years at a time unless a snap election for the House of Representatives has been held beforehand or in cases of war or emergency.

Section 6: Every candidate for public office in the Democratic Republic of America and every political party shall first sign a legally-binding pledge to the American Electoral Commission to respect the election results before the election begins. 

If the candidate or political party in question does not sign this pledge, they will be automatically disqualified from participating in the upcoming election.

Section 7: Any person who engages in acts of sedition, insurrection, treason or otherwise takes legal actions to subvert the results of a free-and-fair election in the Democratic Republic of America shall be barred from holding public office permanently.

The House of Representatives will be authorized to pass a motion with the support of at least 420 members of the House of Representatives to bar the person in question from holding public office permanently. 

Section 8: Any representative may be expelled from the House of Representatives with immediate effect after at least 420 members of the House of Representatives vote to expel that representative. 

Any representative may be censured by the House of Representatives after at least 350 members of the House of Representatives vote to censure that representative.

There are no limits on how long a representative may serve.

Section 9: A governing coalition can be made up of a combination of political parties represented in the House of Representatives that make up less than 350 members or at least 350 members as well as a confidence-and-supply agreement between 2 or more parties represented in the House of Representatives.

A vote of no-confidence in the governing coalition may be called for by any representative, and if at least 350 members concur with the no-confidence motion, the House of Representatives shall be immediately dissolved and a snap election will be held for the House of Representatives.

Section 10: The leader of the House of Representatives, known as the Speaker, shall be elected by at least 350 members and must also be a member of the House of Representatives himself.

If the Speaker resigns, dies, is permanently incapacitated, or is arrested before the end of his 4-year term, a new Speaker shall be elected by the House of Representatives to serve the remainder of the 4-year term.

Otherwise, there shall be no limits to how long a Speaker of the House of Representatives may serve.

The powers of the Speaker and the organizational structure of the House of Representatives shall be determined by the members of the House of Representatives.

Section 11: The House of Representatives shall have the power to propose laws, to edit laws before a floor vote, to pass laws, to repeal laws that have been previously ratified, to levy taxes, to approve treaties negotiated by the Prime Minister, to approve all uses of military force proposed by the Prime Minister, to declare war, to establish oversight on the Prime Minister, his cabinet, and all other aspects of the American Government, to issue, to borrow and to spend money. 

Any proposal brought before the House of Representatives will automatically take effect after at least 350 members of the House of Representatives vote in favor of the proposal in a final floor vote.

The Democratic Republic of America’s ability to pay its debts will not be questioned, and any attempts to limit the Government’s ability to issue, borrow, and spend money, such as the debt-ceiling or Pay-as-you-go budgeting rules, are hereby abolished.

The Democratic Republic of America shall never default on its sovereign debts.

Section 12: The House shall also approve an annual budget proposed by the Prime Minister through a majority vote of at least 350 members by the House of Representatives by December 31st of that year. 

If the House does not approve an annual budget by December 31st, then the last-approved Budget shall be in place instead until a new budget is approved.

The functions of the American Government shall never cease to function due to its inability to pass a budget.

Article 2: The Rights and Responsibilities of the American People

Section 1: In order for a person to be a citizen of the Democratic Republic of America, he must be born on American Soil or otherwise naturalized.

A person shall be a citizen of the Democratic Republic if one or more of his relatives is an American citizen.

Every person living in the Democratic Republic of America shall be entitled to equal protection of the law and the enumerated rights listed in Article 3 of the American Constitution.

Section 2: Every person living in the Democratic Republic of America shall have the right to freedom of speech, freedom of petition, freedom of expression, freedom of religion, freedom of association, and freedom of assembly.  

The Democratic Republic of America shall be a secular state with a wall of separation between church and state, and no rule, law, or custom shall be allowed that infringes on the rights of any person or people to freely practice their religion.  

In addition, the rights of speech, petition, expression, association, and assembly may not be restricted in any way, shape, or form unless in cases of incitement.  

Section 3: Every person living in the Democratic Republic of America shall have the right to reasonable self-defense, including the right to keep, bear, and use firearms to this end. The Democratic Republic of America will also be obliged to protect the health and safety of its residents and citizens.  

Section 4: Every person aged 16 and older living in the Democratic Republic of America, as well as every citizen of the Democratic Republic of America aged 16 and older, shall have the right and responsibility to vote using a direct, secret ballot. 

Voting in all elections, referendums, and initiatives within one’s jurisdiction shall be mandatory for all persons aged 16 and older living in the Democratic Republic of America as well as for all citizens of the Democratic Republic of America aged 16 and older.

Any person eligible to vote in any given election, referendum, or initiative who does not vote or returns a blank, spoiled, or null ballot shall pay a $100 fine to the American Electoral Commission. 

Section 5: No Government Agency shall conduct searches or surveillance on any person or group without due process and a written warrant issued by a judge which may only be issued after probable cause has been established, or engage in seizure of any personal property without just compensation.  

Section 6: No person may be tried for the same crime twice, and any person may be charged and face trial at any time for any criminal offense at the location where the crime is alleged to have been committed.  

A defendant in a civil or criminal trial shall have the right to a speedy and public trial, to be informed of the charges against him, to face a jury of his peers as well as his accusers, to an impartial judge to preside over his trial, to pick an attorney of his choosing to represent him, to face the witnesses testifying against him, to call his own witnesses for his defense, and to appeal a ruling in a civil or criminal case all the way to the Supreme Court. 

He shall also have the right to protect himself against self-incrimination.

Section 7: Cruel and Unusual Punishment for any crime or misdemeanor, including excessive fines and bails, forced labor of any kind or torture of any sort are hereby prohibited.

Article 3: The Other Aspects of the American Government

Section 1: The American Electoral Commission shall be created as a Separate Branch of Government upon the implementation of this Constitution to oversee all elections and enforce all election laws.

The head of the American Electoral Commission, being any citizen of the Democratic Republic of America aged 16 and older, will be nominated by the Prime Minister and confirmed by at least 350 members of the House of Representatives. 

He will serve in this position for one twelve-year term.

If he resigns, retires, is impeached, arrested, incapacitated, or dies before the end of his term, then the President will appoint a replacement to be approved by the House of Representatives who will serve the remainder of the twelve-year term.

Section 2: The American Electoral Commission’s responsibilities shall be to automatically register all persons aged 16 and older living in the Democratic Republic of America as well as all citizens of the Democratic Republic of America aged 16 and older to vote, to ensure all eligible persons have the ability to vote in a timely manner and undertake their responsibility to vote, to regulate all election activities, to count votes in all elections, to certify the election results, to verify signatures for referendums, ballot initiatives, and recall efforts and to enforce all other election laws.

Section 3: Election Day shall be scheduled on the first Sunday of November once every 4 years unless a snap election, referendum, or initiative has been scheduled beforehand.

On this Election Day, the 700 members of the House of Representatives will be elected.

Every Election Day shall be a national holiday.

Every election, referendum, or initiative held in the Democratic Republic of America shall be cause for a one-day holiday in that jurisdiction.

No election in the Democratic Republic of America shall last longer than 12 weeks.

The official election campaign for the House of Representatives will be scheduled to start exactly 12 weeks before the first Sunday of November every 4 years unless a snap election has been scheduled beforehand.

Section 4: All elections in the Democratic Republic of America shall be publicly funded with the amount of funding determined by the House of Representatives and divided among all competing political parties based on their vote share.

All other funding for election campaigns and political parties in the Democratic Republic of America shall be strictly prohibited.

Section 5: The Supreme Court of the Democratic Republic of America shall have at least 12 justices, each one being a citizen of the Democratic Republic of America aged 16 and older each serving one twelve-year term, and each justice shall be nominated by the Prime Minister and approved by at least 350 members of the House of Representatives.  

Section 6: The Supreme Court shall act exclusively as the final word on all civil and criminal trials, extraditions, deportations, and convictions within the Democratic Republic of America, and any decision must have the support of at least 3/4s of the Justices. 

Their decisions may be overturned by a future court or by an act of the House of Representatives. 

The Supreme Court of the Democratic Republic of America may not exercise any other powers besides the ones designated for them.

Section 7: If a Justice resigns, retires, dies, is impeached, arrested, or incapacitated before the end of his term, the Prime Minister shall nominate a new Justice to serve a new twelve-year term and at least 350 members of the House of Representatives must approve that nominee. 

Section 8: The House of Representatives shall have the power to decide the procedures and customs governing the American Court System.

Article 4: The procedures governing future constitutional conventions, amendments, referendums, and initiatives.

Section 1: Any attempts to amend this Constitution through a direct referendum must first have the signatures of at least 20% of the American population presented to the American Electoral Commission. 

Then, a national referendum will be held 12 weeks after those signatures have been verified by the American Electoral Commission and a majority of votes will either approve or reject the proposed amendment. 

For every 20-year interval that passes after the ratification of this Constitution, a binding referendum will be held in which all persons aged 16 and older living in the Democratic Republic of America as well as all citizens aged 16 and older of the Democratic Republic of America will be required to vote to decide whether or not to authorize another Constitutional Convention.

If a majority of voters approve of this referendum, then the House of Representatives will be brought into session to determine the rules regarding this Convention.

The House of Representatives may also amend the Constitution through a majority vote by the House of Representatives. 

Section 2: Any future initiative to change the Laws of the Democratic Republic of America must first have the signatures of at least 10% of the American population presented to the American Electoral Commission.

12 weeks after those signatures have been verified by the American Electoral Commission, a ballot measure regarding the proposed law in question will be presented to voters and a majority of voters will either approve or reject the proposed law.

Section 3: Any attempt to repeal a law passed by the House of Representatives through a popular referendum must first have the signatures of at least 10% of the American Population presented to the American Electoral Commission and verified.

That popular referendum must be approved by a majority of voters in a national referendum which will be held 12 weeks after those signatures are verified by the American Electoral Commission.