Philip Dru: Administrator/Chapter XLI
Chapter XLI
The New National Constitution
Besides the laws and reforms already enumerated, the following is in brief the plan for the General Government that Philip Dru outlined and carried through as Administrator of the Republic, and which, in effect, was made a part of the new constitution.
I.
1. Every adult citizen of the United States, male or female, shall have the right to vote, and no state, county or municipality shall pass a law or laws infringing upon this right.
2. Any alien, male or female, who can read, write and speak English, and who has resided in the United States for ten years, may take out naturalization papers and become a citizen.[1]
3. No one shall be eligible for election as Executive, President, Senator, Representative or Judge of any court under the age of twenty-five years, and who is not a citizen of the United States.[2]
4. No one shall be eligible for any other office, National or State, who is at the time, or who has been within a period of five years preceding, a member of any Senate or Court.[3]
II.
1. The several states shall be divided into districts of three hundred thousand inhabitants each, and each district so divided shall have one representative, and in order to give the widest latitude as to choice, there shall be no restrictions as to residence.[4]
2. The members of the House of Representatives shall be elected on the first Tuesday after the first Monday in November, and shall serve for a term of six years, subject to a recall at the end of each two years by a signed petition embracing one-third of the electorate of the district from which they were chosen.[5]
3. The House shall convene on the first Tuesday after the first Monday in January and shall never have more than five hundred members.[6]
4. The House of Representatives shall elect a Speaker whose term of office may be continuous at the pleasure of the majority. He shall preside over the House, but otherwise his functions shall be purely formal.
5. The House shall also choose an Executive, whose duties it shall be, under the direction of the House, to administer the Government. He may or may not be at the time of his election a member of the House, but he becomes an ex-officio member by virtue thereof.
6.(a) The Executive shall have authority to select his Cabinet Officers from members of the House or elsewhere, other than from the Courts or Senates, and such Cabinet Officers shall by reason thereof, be ex-officio members of the House.
(b) Such officials are to hold their positions at the pleasure of the Executive and the Executive is to hold his at the pleasure of the majority of the House.
(c) In an address to the House, the Executive shall, within a reasonable time after his selection, outline his policy of Government, both domestic and foreign.
(d) He and his Cabinet may frame bills covering the suggestions made in his address, or any subsequent address that he may think proper to make, and introduce and defend them in the House. Measures introduced by the Executive or members of his Cabinet are not to be referred to committees, but are to be considered by the House as a whole, and their consideration shall have preference over measures introduced by other members.
7. All legislation shall originate in the House.
III.
1. The Senate shall consist of one member from each State, and shall be elected for life, by direct vote of the people, and shall be subject to recall by a majority vote of the electors of his State at the end of any five-year period of his term.[7]
2. (a) Every measure passed by the House, other than those relating solely to the raising of revenue for the current needs of the Government and the expenditure thereof, shall go to the Senate for approval.
(b) The Senate may approve a measure by a majority vote and it then becomes a law, or they may make such suggestions regarding the amendment as may seem to them pertinent, and return it to the House to accept or reject as they may see fit.
(c) The Senate may reject a measure by a majority vote. If the Senate reject a measure, the House shall have the right to dissolve and go before the people for their decision.
(d) If the country approves the measure by returning a House favorable to it, then, upon its passage by the House in the same form as when rejected by the Senate, it shall become a law.
3. (a) A Senator may be impeached by a majority vote of the Supreme Court, upon an action approved by the House and brought by the Executive or any member of his Cabinet.
(b) A Senator must retire at the age of seventy years, and he shall be suitably pensioned.
IV.
1. The President shall be chosen by a majority vote of all the electors. His term shall be for ten years and he shall be ineligible for re-election, but after retirement he shall receive a pension.
2. His duties shall be almost entirely formal and ceremonial.
3. In the event of a hiatus in the Government from any source whatsoever, it shall be his duty immediately to call an election, and in the meantime act as Executive until the regularly elected authorities can again assume charge of the Government.
- ↑ The former qualification was five years’ residence in the United States and in many States there were no restrictions placed upon education, nor was an understanding of the English language necessary.
- ↑ Dru saw no good reason for limiting the time when an exceptionally endowed man could begin to serve the public.
- ↑ The Senate under Dru’s plan of Government becomes a quasi-judicial body, and it was his purpose to prevent any member of it or of the regular judiciary from making decisions with a view of furthering their political fortunes. Dru believed that it would be of enormous advantage to the Nation if Judges and Senators were placed in a position where their motives could not be questioned and where their only incentive was the general welfare.
- ↑ Why deprive the Republic of the services of a useful man because his particular district has more good congressional timber than can be used and another district has none? Or again, why relegate to private life a man of National importance merely because his residence happens to be in a district not entirely in harmony with his views?
- ↑ The recall is here used for the reason that the term has been extended to six years, though the electorate retains the privilege of dismissing an undesirable member at the end of every two years.
- ↑ The purpose here was to convene the House within two months instead of thirteen months after its election, and to limit its size in order to promote efficiency.
- ↑ The reason for using the recall here is that the term is lengthened to life and it seemed best to give the people a right to pass upon their Senators at stated periods.