Chapter 56: Chapter 54: The Constitution of the United States of America

Philadelphia, United States of America
December 10th, 1776

John Hancock looked at the five dozen delegates in front of him and banged his gavel, "We will now begin today's session, gentlemen. We have much on our agenda to go over today."

The Continental Congress was gathered in the Pennsylvania State House as per usual, but the main topic on the agenda was hardly normal. Today's meeting would decide if the United States would truly stand "united" and establish a nation unlike any other.

A federal republic, established by a Constitution. The Constitution.

"For the past two months, we have debated and edited the draft of this Constitution," Hancock stated as he began the processions, "And now, for the past month, delegates were sent back to their colonies to discuss this matter further with the legislatures of their respective colonies As agreed upon before, the delegates of this Congress will vote on the official establishment of this Constitution today. If Congress decides to approve of the wording of the Constitution, then it will be sent to each individual colony to have it officially ratified by their respective legislatures. To simplify the matter, I will ask the distinguished delegates of Congress if there are any objections to the current proposed final draft of the Constitution."

"Aye, I have some concerns that I wish to clear up before I allow my fellow delegates from Virginia to approve of the matter," Patrick Henry, the current governor of Virginia declared, "Is the power of "Executive Orders" strictly necessary for the president? I feel as though this may lead to an abusive, tyrannical executive that will attempt to circumnavigate Congress using this power."

Jefferson, who was one of the "Framers" of the Constitution, responded to his colleague's question. He knew that Henry was mostly on board with the Constitution (as in the "other" history, he refused to even attend the Constitutional Convention), but the Virginian governor still had reservations about the rapid expansion of presidential powers, "Which is why there have been several restrictions and limitations on the president's power. For one, there are two types of Executive Orders: the Explicit Executive Order and the Consent Executive Order. The Explicit Executive Order is an executive order made by the president with the powers he has been specifically given by the Constitution. For example, he may command the military to respond to an emergency crisis, though he may not declare wars because that is outside of his power. The Explicit Executive Orders do not need to be approved by Congress. However, the Consent Executive Order, an executive order that does not fall within the jurisdiction of the president, must be approved by a majority of Congress within sixty days in order for it to be "officialized." An example of this would be if the president wishes to set a national quota on immigration, which would need to be approved by Congress in order for the executive order to be made permanent."

"And what if the president decides to go to war, but decides to ignore the consent and counsel of Congress in order to do so and call it something other than war?"

"Section Two has clarified that the president may not drag the United States into a war and the definition of "war" has been stated as "an armed conflict between the United States and a foreign power for a period longer than thirty days."

Henry sighed and sat down onto his seat, "And the Bill of Rights will be ratified immediately after the ratification of the Constitution, correct?"

"That was the plan, yes," Jefferson replied, "All fifteen of them."

"Then I have no further objections."

"What about the voting requirements set in the Thirteenth Amendment?" James Duane, a delegate from New York, asked, "Wouldn't this encourage mob rule? The last thing we want to see is uneducated, misguided people who vote without proper guidance. Voting is not a right, it is a privilege."

Jefferson would have agreed with the man before the appearance of General Kim, but his views had shifted significantly since then, "Perhaps, but is it fair to deprive the ability to vote from people who have supported us through this endeavor? Many, if not most, of the current men serving in the state militias and the Continental Army, would be blocked from voting if we were to set various restrictions, such as property requirements, literacy tests, and poll taxes. Without them, we wouldn't be where we are today. Let us also not forget that General Kim has attempted this method in Quebec, and found great success. There were no mobs of people attempting to influence the decisions of others, but orderly groups of people that voted on the future of their colony."

"That is merely one, small example. We are attempting to establish this Constitution for all the colonies."

"Then perhaps the phrase, "all men are equal," is not true at all? If we are truly to create a nation that is "equal" for all men, then how can we restrict some of them from participating in privileges that other, wealthier men can? As to the fear of mob rule, that is why the presidential electors, judges, and numerous different positions will not be directly elected by the people," Jefferson smiled at the delegates around him, "And if this Constitution proves to be ineffective, then we will review it once again in the future and make the proper changes."

Discussions continued for over three hours, with the delegates presenting their final inputs and thoughts about the Constitution. In the end, fifty-eight of the sixty-four delegates signed the document. Interestingly, nearly all those that knew of General Kim's secret supported and signed the Constitution.

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Changes to the Constitution:

Executive:
- The two types of Executive Orders, as stated above.
- The president is limited to two terms in office.
- Vice Presidents are handpicked by the President.
- Electoral College without the winner takes all system.
- A coalition government is allowed to be formed if no candidate for the presidency gets a majority (ie, a party with a smaller amount of electoral votes can cede them to a party with more electoral votes through compromise). If there are no coalitions formed within thirty days of the election (only if no candidate has a clear majority), then the House of Representatives will vote for the next president within fifteen days.
- Election Day is officially designated as the first Tuesday after the first Monday of November and is a national holiday.
- The president's veto power is a line-item veto, not a total veto.
- The age requirement for Presidents is 30 years old, and a potential candidate for president must either have been resident in the United States at the time of this document's ratification or have been an American citizen for at least thirty years and a resident of the United States for at least twenty of those years
- Presidents are to be officially sworn on February 10th.
- The vice president succeeds the president in case the president is incapacitated, resigned, or impeached.
- No presidential pardons.
- When the president is impeached by the House, he will be "removed" from office until they are either convicted or cleared of all charges against them.

Legislative:
- The Cube Root Rule for the number of House representatives is to be implemented (rounded up to the nearest whole number). So the first Congress will theoretically have 141 Representatives once the Census is complete.
- A national census is to be taken every ten years, while the number of House seats is to be redistributed every twenty years.
- District lines are to be drawn by a non-partisan committee elected separately from Congress.
- Slaves are officially counted as "three-fifths” when appropriating the total number of house representatives until the sunset policy sets in twenty years after the official ratification of the Constitution. Afterward, slavery is to be illegal in every form, including inmates and prisoners.
- All organized territories (with 10,000 people or more) are to be granted one House representative. Any future federal districts are to be granted the number of representatives appropriate to their population.
- Congress can implement income taxes when that time comes.
- Congress can charter a national bank.
- Bribes and donations are banned for any sitting Congressmen.
- All members of Congress must revoke any occupations they held before their election into Congress and will be barred from accepting any occupations five years after they retire from Congress (they will still be paid a yearly sum from the government that is similar to their Congress pay).
- All proposed bills and acts are to be read out loud in front of the members of Congress before being voted upon.
- Term limits for Congressmen are as followed: six terms in the House, three terms in the Senate, and eighteen years in Congress total.
- Habeas Corpus can not be suspended unless there is an active rebellion.
- State legislatures may recall Senators with a majority vote, but all representatives and senators will be voted in by voters.
- The age requirement for a Congressman is twenty-five years old and a potential candidate for Congress must be a citizen of the United States for at least twenty, and a resident of the United States for at least fifteen years (or a resident of the United States upon the Constitution's ratification).
- All elected Congressmen are to be sworn in on February 3rd, unless for "specific and special" reasons.
- Congress shall assemble at least three times a year.

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Judiciary:
- "Judicial Review" is an official power of the Supreme Court.
- The power of judicial review is only applicable to each state's Supreme Court and the Federal Supreme Court.
- All judges are to serve until they turn 70 years old. Afterward, they are to be retired with a generous pension.
- The number of judges is to be only adjusted by Congress, with the starting basis at nine.
- Prisons will not be owned by any private entities. All prisons will be operated and managed by the government.

Additional changes:
- Citizens will be automatically registered to vote, with the voting age for men being twenty-five and the voting age for women being thirty-five (“automatically” means as long as they have the proper verification of citizenship, they can vote).
- In order to vote, a voter must verify their citizenship.
- Once they ratify the Constitution, a state can not legally secede from the Union.

Bill of Rights:

First Amendment:
Congress shall make no law promoting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Second Amendment:
A well-armed Populace, being necessary to the security of a free nation, the right of the people to keep and bear personal Arms, shall not be limited.

Third Amendment:
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. No properties, belongings, or possessions shall be seized from an individual for a period longer than a year if they are not found guilty of any crimes.

Fifth Amendment:
To secure and protect the freedoms of the people, a person's right to privacy shall not be violated without a warrant.

Sixth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person 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 himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Seventh Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of a Private or a Federal Counsel for his defence.

Eighth Amendment:
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Ninth Amendment:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Tenth Amendment:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Eleventh Amendment:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Twelfth Amendment:
Section 1:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section 2:
The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay a poll tax or other tax.

Thirteenth Amendment:
The right of citizens of the United States, who are twenty-five years or older for men and thirty-five years or older for women, to vote shall not be denied or abridged by the United States or by any State on account of age.

Fourteenth Amendment:
Neither slavery nor involuntary servitude shall exist within the United States, or any place subject to their jurisdiction twenty years after the ratification of this amendment.

Fifteenth Amendment:
The powers not delegated to the United States by the Constitution explicitly, nor prohibited by it to the States, are firmly reserved to the States respectively, or to the people.

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