The Constitution of the Republic of America

Harlei Morency provides a hypothetical constitution for a future Republic of America

Observing the current political landscape, it is clear to me that the United States will undergo a constitutional crisis in the near future, maybe as soon as the immediate aftermath of the 2024 election. In this constitutional crisis, the U.S. Constitution will surely come under serious strain and scrutiny. While the prospect of prolonged political violence or a Trump dictatorship is worrying, there is also the potential for alternatives to the U.S. Constitution to become more salient. Seeing as no one else on the left has tried to come up with a viable democratic alternative to the current Constitution, who better than me to get the ball rolling? The sources I consulted while drafting this document were the Socialist Party's platform of 1912 as well as the writings and personal advice of Aziz Rana.

---

Article 1: The Structure of the Republic of America

Section 1: The Republic of America will be a Unitary State, with its capital in Washington, D.C., and ultimate political authority resting in the Central Government of the Republic of America with subnational units’ powers determined by the Central Government.

Article 2: The Executive Branch

Section 1: The Republic of America will be a Presidential Republic, with the President acting as the head of government as well as the head of state of the Republic of America with a Vice President serving under him. 

Section 2: The President, being any citizen of the Republic of America aged 16 and older, will have the power to propose laws, to call the House of Representatives into session, to address the House of Representatives at least once a year, to issue pardons for all criminal convictions, extraditions, and deportations within the Republic of America’s borders except in cases of impeachment, to issue executive orders, proclamations, and administrative orders to manage the operations of the American Government, to nominate cabinet secretaries and other officials, to negotiate treaties, to enforce the laws of the Republic of America, to act as Commander-in-Chief of the Military of the Republic of America, to consult the House of Representatives for final approval for all uses of military force, and to represent the country in foreign affairs. 

Section 3: The President and Vice-President of the Republic of America will be elected on a joint ticket to serve for a 4-year term using a 2-round voting system, with the first round of voting scheduled to be held on the first Sunday of October after this Constitution is ratified in which all presidential and vice-presidential candidates will participate. 

If no joint presidential ticket receives a majority of votes in the first round of voting, the two joint presidential tickets that received the most and 2nd most votes respectively will go to a second round of voting held 4 weeks after the first round. 

An automatic recount of the votes cast in the 1st or 2nd round of the presidential election will be held by the American Electoral Commission if the margin of victory is 2% or less than 2%.

Section 4: Exactly 2 weeks after the presidential election is held and the winner of the election has been declared by the American Electoral Commission, the President-elect and Vice President-elect will be inaugurated at 12 p.m. Eastern Standard Time.

At this inauguration, the President-Elect will take this Oath of Office: I solemnly swear that I will faithfully execute the Office of President of the Republic of America, and will to the best of my ability, preserve, protect and defend the Constitution of the Republic of America.

At this inauguration, the Vice President-Elect will take this Oath of Office: I solemnly swear that I will faithfully execute the Office of Vice President of the Republic of America, and will to the best of my ability, preserve, protect and defend the Constitution of the Republic of America. 

Section 6: If the President resigns, dies, is impeached, permanently incapacitated, or arrested before the end of his 4-year term, then the Vice President will assume the office of President for the duration of the 4-year term and he will nominate another Vice President to be approved by at least 350 members of the House of Representatives to serve the remainder of the 4-year term.

If the Vice-President resigns, dies, is impeached, permanently incapacitated, or arrested before the end of his 4-year term, then the President will nominate another Vice President to be approved by at least 350 members of the House of Representatives to serve the remainder of the 4-year term.

Section 7: The President, Vice President, and all other civil officers of the Republic of America may be removed from office through impeachment after a conviction for Treason, Sedition, Insurrection, Bribery, and all other Serious Crimes has been approved by the House of Representatives.

The Impeachment Process will start with at least 350 members of the House of Representatives voting to open an impeachment inquiry into the civil officer in question.

Next, an impeachment trial will take place in the House of Representatives with the Speaker of the House presiding over the trial.

After the impeachment trial, the House of Representatives will take a vote to convict the civil officer in question.

Impeachment will only take effect after at least 420 members of the House of Representatives have voted to formally convict and remove the civil officer from office with immediate effect.

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

Section 8: Any representative may call for a vote of no-confidence in the President.

If at least 350 members of the House of Representatives vote for the no-confidence motion in the President, then the President will become Acting President with immediate effect, and a snap election will be immediately held to elect another President and Vice President to serve for a new 4-year term.

Section 9: In the event that the President is temporarily unable to execute the powers and duties of the Presidency, then through a written declaration to the Speaker of the House by the President or by a majority vote of the cabinet members besides the Vice President, the Vice President will become the Acting President until the powers and duties of the President are able to be returned to the President.

The President may also be removed by a majority vote of his cabinet members besides the Vice President if he is found to have abused his powers or engaged in criminal behavior while serving as President.

Otherwise, there will be no limits to how long a President may serve.

Article 3: The Legislative Branch

Section 1: The Republic of America's legislative powers will be vested in a unicameral legislature, the House of Representatives of the Republic of America.

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

Section 2: On the first Sunday of October after this Constitution is ratified, the 700 members of the House of Representatives will be elected through 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.

Section 3: The first legislative session of the House of Representatives will be scheduled to start exactly 2 weeks after the first election for the House of Representatives in the Republic of America at noon, and every legislative session that follows will start at noon exactly 2 weeks after the election for the House of Representatives.

A legislative session will last for no more than 4 years at a time, unless a snap election for the House of Representatives is held beforehand or in cases of war or emergency.

Section 4: Every candidate for public office in the Republic of America must sign a legally binding pledge to be sent to the American Electoral Commission to respect the election results before the election begins. 

If the candidate in question does not sign this pledge, he will be disqualified from participating in the upcoming election.

Section 5: Any person who engages in acts of sedition, insurrection, and treason or otherwise takes legal actions to subvert the results of a free-and-fair election in the Republic of America will 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 6: 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 7: 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 will be immediately dissolved and a snap election will be held for the House of Representatives.

Section 8: The leader of the House of Representatives, known as the Speaker, will 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, arrested, or otherwise removed from office before the end of his 4-year term, a new Speaker will be elected by the House of Representatives to serve the remainder of the term.

There will 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 will be determined by the members of the House of Representatives.

Section 9: The House of Representatives will have the power to propose laws, to edit laws, to pass laws, to enact laws, to repeal laws, to levy taxes, to approve treaties negotiated by the President, to approve all uses of military force proposed by the President, to declare war, to impeach the President, the Vice President and all other civil officers, to confirm all presidential nominations, to borrow and to spend money.

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

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

Section 10: The House will also approve an annual budget proposed by the Speaker of the House through a majority vote of at least 350 members of 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 will be in place instead until a new budget is approved.

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

Section 11: The House of Representatives will have the power to establish oversight on the President, the Cabinet, and on all of the other departments and branches of the American Government.  

Article 4: The Rights and Responsibilities of the American People.

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

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

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

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

The Republic of America will be a secular state with a wall of separation between church and state, and no rule, law, or custom will 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 blatant cases of incitement.  

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

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

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

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

Section 5: No Government Agency will 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 will 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 5: The Other Aspects of the American Government

Section 1: The American Electoral Commission will 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 Republic of America aged 16 and older, will be nominated by the President and confirmed by at least 350 members of the House of Representatives. 

He will serve in this position for one twenty-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 at least 350 members of the House of Representatives who will serve another twenty-year term.

Section 2: The American Electoral Commission’s responsibilities will be to automatically register all persons aged 16 and older living in the Republic of America as well as all citizens of the 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 will be scheduled on the first Sunday of October once every 4 years, unless a snap election, referendum, initiative, or recall election has been scheduled beforehand.

On this Election Day, the 1st round of voting for the Presidential Election will be held and the 700 members of the House of Representatives will be elected.

Every Election Day will be a national holiday.

Every election, referendum, initiative, or recall election in every jurisdiction in the Republic of America will be cause for a one-day holiday in that jurisdiction.

No election in the Republic of America will last longer than 16 weeks.

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

Section 4: All elections and political parties in the Republic of America will be publicly financed 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 Republic of America will be strictly prohibited.

Article 6: The Judicial Branch

Section 1: The Supreme Court of the Republic of America will have at least 9 justices, each one being a citizen of the Republic of America aged 16 and older each serving one twenty-year term, and each justice will be nominated by the President and approved by at least 350 members of the House of Representatives.

Section 2: The Supreme Court will act exclusively as the final word on all civil and criminal trials, extraditions, deportations, and convictions within the Republic of America, and any decision must have the support of at least 2/3s of the Justices. 

Their decisions may be overturned by a future court. 

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

Section 3: If a Justice resigns, retires, dies, is impeached, arrested or incapacitated before the end of his term, the President will nominate a new Justice to serve the remainder of the twenty-year term and a supermajority of the members of the House of Representatives will either approve or reject that nominee. 

Section 4: The House of Representatives will have the power to decide the procedures and customs governing the American Court System.

Article 7: The procedures governing future constitutional conventions, amendments, referendums, initiatives, and recalls.

Section 1: Any attempt 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. 

A constitutional amendment may also be proposed by the President or by a member of the House of Representatives to the House of Representatives to be approved by a supermajority vote of at least 420 members of the House of Representatives.

If the proposed amendment in question falls short of the 420-member threshold, but is supported by at least 350 members of the House of Representatives, then the proposed amendment will be brought before the American people to be approved in a binding, mandatory referendum held in 12 weeks.

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 Republic of America as well as all citizens aged 16 and older of the 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.

Section 2: Any future initiative to change the Laws of the 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 and signed by the President 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.

Section 4: Any attempt to recall any elected official in the Republic of America must first have the signatures of at least 15% of that jurisdiction of the elected official’s population presented to the American Electoral Commission and verified, which may only take place after that elected official has served for at least one year in his current office.

Then, in 12 weeks, all persons aged 16 and older living in that jurisdiction will be required to vote in a recall referendum to determine that elected official’s fate.

If a majority of voters in that jurisdiction vote to recall the elected official in question, then a replacement candidate must also receive a majority of votes (50% + 1 vote) as well. 

If a replacement candidate does not receive a majority of votes (50% + 1 vote), then the top two performing candidates besides the recalled elected official will face off in a run-off election held in 4 weeks.