Amoeba’s Lorica: 28th Amendment to the Constitution of the United States of America

“[US House of Representatives Speaker Mr Michael] Johnson’s proposal [passed by the House on 14 November 2023, three days before the deadline for a government shutdown set three months prior during the last irresponsible shenanigans] puts forward a unique — critics say bizarre — two-part process that temporarily funds some federal agencies to Jan. 19 and others to Feb. 2. It’s a continuing resolution, or CR, that comes without any of the deep cuts conservatives have demanded all year. It also fails to include President Joe Biden’s request for nearly $106 billion for Ukraine, Israel, border security and other supplemental funds.” – News item

The Constitution of the United States of America has not been revised since the 27th Amendment was ratified in 1992, 21 years ago as this post is written and 19 years since the Contract on with America began the budget games through which Our Elected [sic] Representatives have demonstrated their, and Our, criminal incompetence ever since. In the opinion of Your Friendly Neighborhood Amoeba, the text below, drafted as a proposed 28th Amendment to the Constitution, is long overdue. It’s time – it’s far past time – for the bullmanure spreaders to be put out to pasture. And for each and every one of We the People to recognize that the only thing any of Us is entitled to is oblivion.


Article 1.

The fiscal year for the Federal Government of the United States of America shall begin at 12:0o:oo AM, Eastern Standard Time, on the 1st of October of each Common Era year, and shall end at 11:59:59 PM, Eastern Standard Time, on the 30th of September of the subsequent Common Era year, each year consisting of 365 days in non-leap years, and 366 days in leap years. Neither Congress nor the Executive shall have power to change the starting time and date, or the ending time and date, or the duration of the fiscal year.

Article 2. 

Prior to the start of each fiscal year, the House of Representatives shall draft a Budget for the Federal Government that will fund all elements of that Government for the entirety of the upcoming fiscal year. The Congress will then debate and pass a single Budget Bill, and present that Bill to the Executive for signature and passage into Law. Passage of the Budget into Law shall take place before 11:59:59 PM, Eastern Standard Time, on the 30th of September of the immediately-preceding fiscal year. Congress shall have no power to enact a Budget in any form other than a single Bill that covers all aspects of the Federal Government for the entirety of the upcoming fiscal year, though it shall retain the power to amend the Budget, through Budget Supplement legislation, to meet unanticipated needs of the Nation.

Article 3.

If a Budget for a given fiscal year that meets the provisions of this Amendment (see Article 5) is not passed into Law prior to the start of that fiscal year (12:00:00 AM, Eastern Standard Time, of the year in question), the following Actions shall take effect.

Section 1. The Budget for the preceding fiscal year shall be adopted as the budget for the fiscal year for which no Budget has been passed into Law, without amendment except as necessary to comply with the provisions of Article 5. Any such amendments will be enacted by the Chief Executive as set forth in Section 3.

Section 2. All elective offices of the Legislative and Executive Branches of the Government of the United States of America shall be declared vacant. Incumbents shall stand down, surrendering their offices and the perquisites thereof by 11:59:59 PM on 1 October of the Common Era year in question, and be permanently ineligible for re-election.

Section 3. Governance of the United States of America shall pass to the Joint Chiefs of Staff of the Armed Forces of the United States of America, with its Chair becoming the nation’s Chief Executive, until new elections are held to fill the vacancies.

Section 4. Elections shall be held within 120 days of the failure to pass a Budget, namely by the first of February of the Common Era year in question.

Section 5. Candidates for electoral office shall post their candidacy, and their qualifications for the post for which they wish to be considered, on public forums. No campaigning other than the posting of candidacy and relevant qualifications on public forums shall be permitted, and no campaign funds shall be acquired or spent, either by or on behalf of a candidate, on penalty of disqualification of the candidate. Elections for all offices shall include, as a candidate, a non-person, to be named Nobody, representing, to the voter, the option to refuse election to any human candidate for the office.

Section 6. In all elections, votes shall be tallied for all persons eligible to vote in that election, whether or not a ballot is cast. Voters who do not cast a ballot shall be recorded as having voted for Nobody, as provided for in Section 5.

Section 7. The candidate winning the largest plurality of votes in any election shall be declared the winner. If the winner of the largest plurality in an election is Nobody, the office in question shall be declared vacant.

Section 8. If, in an election as stipulated in Section 4, the offices of President or Vice-President of the United States of America be declared vacant according to Section 7, or if there be declared vacancies in either the House of Representatives or the Senate, according to Section 7, sufficient to deny either body a Quorum, then all elective offices will be declared vacant, and the Joint Chiefs of Staff will remain in power, this result being interpreted as the Will of the People.

Section 9. Should the result of an election be as described in Section 8, subsequent elections shall be held on the Tuesday of the first full week of November annually until an elected government is seated, the Joint Chiefs of Staff retaining the Executive power until that time. New Budgets during this time, required under Article 2, shall be emplaced according to the provisions of Article 3, Section 1. The Executive shall have the power to reassign funds within the Budget to meet emerging needs, but shall not have the power to spend more funds in total than are provided for in the Budget, or to raise supplemental revenues.

Section 10. So long as the Executive authority resides with the Joint Chiefs of Staff, as provided for in Sections 3 and 8, constitutional powers reserved to Congress that are not addressed in this Amendment, such as the power to declare war, shall devolve upon the Chief Executive. When an elected Congress is seated, as provided for under Sections 3-7 and 9, its constitutional powers shall be returned to it.

Section 11. Congress shall pass no Law that seeks to remove or modify any of the provisions of Article 3.

Article 4. Congress shall pass no law that stipulates adjustment of annual Budgets by any means other than the full deliberation of Congress, on the single annual Budget Bill as provided for in Article 2, and on any Budget Supplements that may be mooted to meet pressing circumstances and are subject to the provisions of Article 5.

Article 5. Beginning on or before the fifth full fiscal year after the ratification of this Amendment, the Budget that is passed into Law shall be a balanced Budget, with expenditures less than or equal to projected revenues. After this date, failure to pass a balanced Budget, under ordinary circumstances, shall be held to be the same as failure to pass any Budget under the provisions of Article 2, and the provisions of Article 3 shall be invoked; a Budget that is not balanced may become Law only if it is passed by acclamation by both Houses of Congress, under circumstances that make it clear that insistence on a balanced Budget would do irreparable harm to the Nation.

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