ARTICLE II: The Executive Branch

ARTICLE II: The Executive Branch

SECTION 1: The President


a. Election and Term Limits for Executive Branch

The Executive Power shall be vested in a President of the Republic of Earth. A person shall hold the office of President for a term of four years. There shall be no term limits on the Office of President. Such person shall select a Vice-President during the initial campaign for this Office; thereafter, at any time, at the President’s own discretion, the President may appoint a different Vice-President.

If a good person is elected as President and does the job for which he or she is elected, which is to serve the people in the support and protection of their rights according to this Constitution, that person, if that person desires, should be able to continue to serve the people indefinitely. The President doesn’t have the power to make laws that affect the lives of the people. The President’s role is like that of a CEO of the most powerful corporation on Earth. The people are its shareholders; and their representatives—Congress—are its Board of Directors. However, only the shareholders/people can remove the CEO/President, eliminating any petty grievances that might arise with any of the individual Directors (congressional Representatives). The CEO gets things done and makes sure that what the Board of Directors/Congress mandates gets passed on to the managerial staff of the company. Experience is a vital part of being a CEO. The shareholders/people, who do not want to worry about the company, except that the person who has all the power in running the company has the proper experience to do so.

In addition, the CEO needs to know that those who are the closest associated with him or her are always available as a support and not a distraction to the CEO’s role. For this reason, the President should be able to appoint and fire the Vice-President at will. The Vice-President is not the person in whom the people have entrusted their lives and should not have the ability or power to usurp the President. When a Vice-President knows that he or she can be fired at any time for any reason, that person’s support and loyalty to the President will increase. Only for a short time, if something unexpectedly happened to the President, will a Vice-President be given Presidential power and rights. The people must always retain the right to place the greatest power of any human on Earth in the hands of the person whom they choose.

b. Election by Majority of Popular Vote

The President shall be elected or re-elected every four years by the majority vote of the lawfully Registered Voters.

With the Constitutional requirements of transparency outlined in this Constitution, the people will become more informed about what their government is doing. Also, because elections will become Federal Holidays and mean much more to the people than any other aspect of their concern for their government, the people will have the opportunity within a relatively short amount of time to replace the most powerful human upon Earth or reconfirm his or her power over their lives.

c. Executive Office Age Requirements.

No person shall be eligible for the Office of President who shall not have attained to the age of forty (40) years.

This provision ensures that the President is mature and experienced enough, by living among the people, to understand their needs and desires. This also allows an immigrant to become President once that person has lived in the Republic long enough to understand the people and how the American government affects them. No longer will it be required that a person be naturally born within the boundaries of America to become its President. As America grows, the majority of its citizenry is a result of immigration; therefore, it is only fair and just that the majority’s interests are always protected as equal human beings.

d. Executive Incapacitation

In case of the removal of the President from Office, or of that person’s death, resignation, or inability to discharge the Powers and Duties of such Office, the same shall devolve on the Vice-President the duties of the Office of President. Congress may, by law, provide for any Case of Removal, both of the President and Vice-President, declaring what Officer shall then act as President; and such Officer shall act accordingly, until the disability is removed, or until a new President is elected. Congress shall ensure that the elections of the President’s replacement are held within six months of the date of the President’s removal or permanent disability.

There can never be a time when Presidential powers and responsibilities are not covered. Congress needs the power to temporarily appoint a person to cover for the President if that person and his or her Vice-President both become incapable, for any reason, of performing Presidential responsibilities. Because Congress cannot act without a consensus of unanimity, the people’s Representatives will more likely ensure that a proper person is temporarily appointed as President. The six-month mandate ensures that the people continue to have their power over the person who becomes President. It can never become a choice that only 600 (500 House Representatives and 100 Senators) people make.

e. Executive Compensation

The President shall receive, for that person’s services, a compensation equal to twice the amount allowed by law for members of Congress, which shall not be diminished during the period for which that person has been elected; and, for each period of four years for which that person is re-elected as President, that person shall receive a 25% increase for each subsequent four-year term. The President shall not receive within any period, any other emolument, of any kind, from any person or entity, domestic or foreign. Neither the President nor the Vice-President shall receive a pension of any kind, at any time, for their public service.

This provision fairly awards a good President with a proper compensation for his or her services. If reelected, it’s only fair that the President’s compensation increases accordingly. The elimination of any government pensions will motivate a President to act in every way to please the majority of the people whom he or she serves. Furthermore, as a person reflects on serving the people in politics, ‘serving’ becomes much more of a motivation than ‘compensation’ for that service. One must serve appropriately before the salary that is paid increases, not due to the office, but due to the service provided. If a person wants to make it his or her career to serve the people, then knowing 28 that the only monetary benefit from serving the people will come from actual time serving, instead of a guaranteed pension, will motivate service over gaining tenure in office. Having the responsibility of one of the most powerful humans on Earth needs to be compensated properly without the person in whose hands the power exists losing sight of the purpose for which such power is granted and entrusted by the people.

f. Presidential Oath of Office

Before a person enters on the execution of the Office of the President, that person and that person’s elected Vice-President shall take the following Oath or Affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President (Vice-President) of the Republic, and will to the best of my ability, preserve, protect and defend the Constitution of the Republic of Earth.”

Upholding the Constitution should always be the main focus and intent of the President of the Republic. This new Constitution protects the people and ensures that the most powerful person in the world is committed to its laws and purposes.

SECTION 2: Powers of the President

a. Supreme Commander of a Federal Law Enforcement Agency

TO hold the Office of Commander in Chief of the Federal Law Enforcement Agency of the Republic, as adopted under Article IV, Section 4(b.) of this Constitution; TO appoint and remove any Officers of the Federal Law Enforcement Agency; TO respond to any form of aggression or repression against the Republic, its laws, or any of its people, whenever and wherever they may be located throughout the earth.

The only way that the Military and law enforcement agencies are going to be accountable to those whom they serve—the people—is to place their ultimate authority in the hands of a person fully accountable to the people. The people can replace the President every four years and demand full accountability of those who have the guns and the power of force over them. This article gives the President the immediate power, without approval of Congress, to react to any threat, foreign or domestic, that has violated the laws that protect the people.

b. Executive Power to Enforce Constitutional Law

TO appoint and remove any Officers of the government of the Republic, except those otherwise designated by this Constitution; and TO assign their particular duties, and establish their protocols and proceedings, in support of the laws of this Constitution.

Anyone who works for the International government must be accountable to the people whom it serves. The President must have the power to bypass any obstacle in implementing the departments of government that are needed to fulfill the demands of the people. The International government should exist for no other purpose. Congress has the role of establishing laws that affect the daily lives of the people and shouldn’t have concern or a role in running the day-to-day activities (the bureaucracies) of the government. This article empowers the President to make immediate decisions about who works for the people. The U.S. government is the number one employer in the United States. Because so many people are employed by the government, the President, who in essence is the CEO of the United States (hypothetically, under these new provisions, the Republic of Earth), would be accountable to the employees. The sweeping power to hire and fire employees to do their job—implement the provisions of the Constitution—would entail treating your employees fairly because they elect their own boss every four years.

c. Restricted Power of Legislative and Judicial Branches, Restricted Veto Power


The President shall have no power to appoint any person to an Office associated with the Legislative and Judicial Branches described in this Constitution. The President shall have no power over Congress, except in the enforcement of the laws of this Constitution. The President shall have no veto power of any law adopted by Congress in accordance with the laws of this Constitution.

This article eliminates the veto. With this Constitution, Congress cannot pass a law without a consensus of unanimity; therefore, the veto is not needed. In contrast, under the current laws, 2/3rds of Congress can override a Presidential veto anyway. The checks and balances of the three branches of government should remain in effect and ensure the purpose for which each branch exists: Legislative Branch to enact laws that affect the rights of the people; Executive Branch to protect the rights of the people; Judicial Branch to enforce the rights of the people. There should be no power given to any branch that overreaches and is counterproductive to affecting, protecting, and enforcing the rights and desires of the people.

Congressional representatives, as well as all judges on all levels, should be elected by the people and not appointed by anyone else. This article changes the way that the Supreme Court is chosen. Supreme Court Justices are currently appointed by the President, then reviewed and approved by Congress. Under the new Constitution, these judicial appointments would remain secure only to the people of the Republic through democratic elections.

d. Power to Pardon

TO grant reprieves and pardons for offenses committed against any law of the Republic or any of its people.

One of the greatest parts of any humane government is the power to grant mercy and forgiveness to all equally. Someone has to be responsible for the application of mercy. Judges are required to serve the needs of justice equally to all people according to the law, which cannot be merciful and just at the same time. The President, who is the figurehead that should represent a personification of the people, must have the power to grant mercy, or at least maintain an inference as a powerful human symbol of a humane society.

SECTION 3: Executive Relationship with Congress; Executive Transparency

a. Executive Congressional Report

The President shall give to the people, biannually, information on the State of the Republic, and any information on temporary Executive actions enacted according to the powers vested in this Constitution.

The President is given sweeping powers to protect the rights of the people, and the people have a right to hear occasionally from their President who addresses the people directly, and not just the Congress. The current State of the Union is mocked with bipartisan reaction of applause or the restraint of applause by those who disagree with the President. The people aren’t interested in petty political disagreements. The people want to know that their government is working properly. To watch the reaction of Congress during the current annual State of the Union address is disconcerting to the people and visibly demonstrates the dysfunction of their government. The President will be mandated by law to talk to the people directly. Media coverage should be done away from the applause or lack thereof by Congress, allowing the President to have an intimate and detailed report of that person’s actions over the past 6 months. This should be done in a private setting without peer pressure. The President will address the people, not politicians, and giving the people a comprehensive overview of all Presidential activities and the state of the Republic.

b. Executive Transparency

The President shall maintain an Executive website upon which shall be recorded a Journal of Executive Proceedings, and from time to time publish the same consistent with Congressional transparency as described in Article I, Section 1(m.), excepting such parts as may, in the President’s judgment, require secrecy in the interest of the Republic’s security.

SECTION 4: Disqualification

The President, Vice-President, and all civil Officers appointed by Executive Order, shall be removed from Office upon that person’s conviction of: treason, bribery, or for any other felony crime or any action, or inaction, that violates the laws and provisions for the people established by this Constitution.

One of the most important parts of this provision is that a President, Vice-President, or anyone appointed by the Executive Branch can be removed for any gross violation of law or for not acting (inaction) to support the provisions of the Constitution. This inclusion will make it a personal priority to support and implement the cause and desires of the people. The threat of being kicked out of office for any crime, or any inaction in the case of this provision, is a great human motivator.

Overview
Preamble
Article I
Article II
Article III
Article IV
Article V
Article VI
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