Forum Post: Consider Amendment by refferendum

Since congress can't restrain itself I suggest popular referendum for constitutional amendment. Constitutional Amendment

The following is a rough draft of a proposed constitutional amendment making legislators subject to the same limits to bribery and conflict of interest as other public servants. It should go a long way toward eliminating the influence of special interest groups.

All Salary, Benefits, Pensions and operational expenses will be paid by the state or district from which a legislator is elected in accordance with that states public employment policies. A legislator is prohibited from benefiting from the position through utilization of sensitive and privileged information. The candidate cannot knowingly vote on issues that will contribute directly to their own income or in which there is an apparent conflict of interest. Legislators or their staff may not pass sensitive information to others for purposes of profit. Legislators, any person running for public office, their relatives, or staff cannot accept gifts, remuneration, donations, goods or services in excess of an amount set by the Executive and approved by the judicial branch. Donations in excess of this amount may only be made through fund raising committees that will maintain anonymity and not reveal the identity of donors to the recipient or the recipient’s associates Legislators may not serve as lobbyists or legislative consultants for 10 years after their term in office. Offers of employment for legislators or their family cannot be made while a legislator is in office. Immediate family cannot serve as lobbyists while the legislator is in office. Legislators and associates out of compliance with this provision will be charged by the executive and tried by the Judicial and may be removed from office and may be subject to criminal prosecution and civil penalties to be imposed on leaving office. Corporations, partnerships, businesses, interest groups are not considered citizens. The officers, owners, board of directors, other management, involved employees or representatives of such organizations are personally subject to the provisions of this amendment if the organization is not in compliance and they may be subject to civil and criminal prosecution.

**Penalties are the tricky part, as they must adjust over time. Perhaps the penalties for bribery of a public official in their state of residence or federal penalties for bribery of a public official might be used. Intent

All Salary, Benefits, Pensions and operational expenses will be paid by the state or district from which a legislator is elected in accordance with that states public employment policies.

This provision takes the allocation of pay and benefits out of the hands of the legislators who are voting in their own interest. The federal government can continue to provide power, lights, office space and low cost services such as printing but not staff, booklets and other supplies. This keeps remuneration, retirement, and other benefits consistent with the values of the people represented. It does not change the requirement that any change in remuneration begin during the next session; it does eliminate the legislator’s control.

A legislator is prohibited from benefiting from the position through utilization of sensitive and privileged information. The candidate cannot knowingly vote on issues that will contribute directly to their own income or in which there is an apparent conflict of interest. Legislators or their staff may not pass sensitive information to others for purposes of profit.

This is intended to prevent insider trading and profiteering by legislators and their families and friends based on information that is not available to the public.

Legislators, any person running for public office, their relatives, or staff cannot accept gifts, remuneration, donations, goods or services in excess of an amount set by the Executive and approved by the judicial branch. Donations in excess of this amount may only be made through fund raising committees that will maintain anonymity and not reveal the identity of donors to the recipient or the recipient’s associates.

This provision prevents lobbyists, corporations, and interest groups from providing elaborate dinners, trips, gifts, and cash donations to influence senators. It is intended to disrupt the direct influence of large contributions on legislators’ decisions. It must also apply to those running for office to prevent them from having a fund raising advantage and from being influenced prior to election. (The amount might start at $1000 but will need to be adjusted with the economy.)

Legislators may not serve as lobbyists or legislative consultants for 10 years after their term in office. Offers of employment for legislators or their family cannot be made while a legislator is in office. Family cannot serve as lobbyist while the legislator is in office.

This prevents offers of delayed benefits from influencing the legislators. It does not prevent them from using their skills once they leave office; it only prevents them from pedaling political influence based on their legislative experience.

Legislators and associates out of compliance with this provision will be charged by the executive and tried by the Judicial and may be removed from office and may be subject to criminal prosecution and civil penalties to be imposed on leaving office. Corporations, partnerships, businesses, interest groups are not considered citizens. The officers, owners, board of directors, other management, involved employees or representatives of such organizations are personally subject to the provisions of this amendment if the organization is not in compliance and they may be subject to civil and criminal prosecution.

This is to create significant consequences for those who accept or provide bribes while maintaining the principal of limited immunity while in office so that spurious charges and incarcerations do not become a political tool.

34 states must ratify to enact a constitutional amendment.