Internet Pioneer and California Attorney Karl Auerbach has opened a “Call for Comments and Discussion” on his proposal for reigning in the powers of the executive branch of the U.S. Government.
Auerbach proposes amending the U.S. Constitution to constrain Presidential power – already growing at an alarming rate in prior administrations – now exploding under Trump. Auerbach’s paper, “Our New Reconstruction” is available at https://www.cavebear.com/cavebear-blog/executive-amendment/
As Gary Kasparov warned in Feb 2017: “… America is about to find out that its government is based on the honor system.” Originally, the framers of the Constitution imagined the U.S. President as a statesman comporting himself with dignity and honor, observing norms and traditions. The Constitution did not anticipate or imagine that the office of the president would ever be occupied by an oligarch.
It is now time to correct the U.S. Constitution with amendments that address this unforeseen development.
Auerbach’s paper identifies the following steps required:
- Define and limit “the executive power” expressed in Article II
- Define and limit executive privilege
- Constrain Presidential “Immunity”
- Expand the concept of “standing” to enforce constitutional obligations – allow a citizen to bring action against a failed government agency
- Increase the authority of Congress to compel the Executive Branch to comply with subpoenas, requests for documents, information, or explanations on matters that are well within the vast powers of Congress to investigate, legislate, and impeach.
- Clarify control of the military
- Clarify the emoluments clauses
- Constrain the pardon and commutation powers
- Ban the use of U.S. Treasury funds and U.S. assets for purposes of personal aggrandizement or self promotion
- Grant Congress the unilateral, but limited, authority to repeal an existing law
- Define and limit the concept of natural law
- Give more independence to certain agencies such as the Justice Department