Model Constitution for United States of America

At one time I and many others admired the American Constitution. Compared to Indian Constitution it had few amendments. Date of presidential election was fixed and the election took whatever may happen.

Today the admiration has evaporated. Certain things need to change in the American Constitution. Jury system is a joke. One can predict the outcome of a trial by looking at the composition of the jury. If it is a black versus white case if the jury is predominantly black the verdict will be in favour of black; if the jury is predominantly white the verdict will be in favour of white. In Rodney King case and Trayvon Martin case the jury was predominantly white and the verdict went in favour of white. In O. J. Simpson case the jury was predominantly black and the verdict went in favour of black.

Michael Brown’s shooting shows the gulf between blacks and whites. For days there were riots in Ferguson.

Judges are out of control in USA. There is judicial tyranny. Judges interpret law as they like. They make new laws by their verdicts. They overrule executive, legislature and will of people in a referendum. They destroy democracy and rule of law. There is travesty of justice. The death of Theresa Marie Schiavo (Terri Schiavo) was judicial murder. California’s Proposition 8 was defining marriage as between one man and one woman was struck down by a judge. This is not judicial activism or judicial overreach; it is judicial tyranny. USA needs to punish such judges. There is need for retirement age for judges. Judges should be held accountable for their actions.

Gun violence is a problem. Vested interests oppose restrictions of firearms and ammunition and people including children in schools get killed.

Some Governors have betrayed the trust people reposed in them by pardoning murderers and other high criminals when their term ended. That needs to end.

There has to be uniformity regarding crimes and punishment. Different states having different punishments or no punishment is not right.

Democratic candidates Samuel Tilden and Albert Arnold Gore were cheated of presidency by Republican candidates Rutherford Hayes in 1876 and George Walker Bush in 2000 respectively. In 1876 there was a 15-member commission to settle the dispute of which 8 were Republicans and 7 were Democrats and they voted along party lines and Rutherford Hayes was declared elected. In 2000 the matter went to US Supreme Court and some said five judges appointed by Republican presidents, William Rehnquist, Anthony Kennedy, Sandra Day O’Connor, Antonin Gregory Scalia, and Clarence Thomas voted in favour of George Walker Bush and four judges appointed by Democratic presidents, Ruth Joan Bader Ginsburg, Stephen Gerald Breyer, David Souter, John Paul Stevens voted in favour of Albert Arnold Gore and this 5-4 verdict made George Walker Bush the winner and president. However David Souter and John Paul Stevens were appointed by Republican presidents. Both Samuel Tilden and Albert Arnold Gore had more popular votes than their rivals but Electoral College system allowed cheating and they lost. In 2000 the problem was in Florida which had 25 electoral votes. In 2012 there was again problem in Florida but Barack Obama had won enough electoral votes in other states and Florida did not make a difference.

Model Constitution for United States of America is an attempt to set things right. Parts of this Constitution are similar to my Model Constitution for India. I hope citizens of USA will find my Constitution acceptable and make it the Constitution of USA.