4 Branches detailed

 

This is a more detailed version of my proposal:

We should have four branches of government, not three.

The executive branch would be quite similar to what we currently use. An elected president, and staff.
The executive branch will filter and review requests, from any branch, for legislative action.
ONLY the executive branch will be authorized to task congress with crafting new law.

The legislative branch will consist of elected congresspersons, much the same as current system.
Congress will be tasked by the executive branch to study, review and research problems and to craft legislation to solve those problems. Congress will have no authority to enact legislation. Congress will advance possible solutions to a problem as written law.
Such law will be expected to be a plausible solution, with accounting for cost to the nation, and such accounting will accurately define the funding. Who pays the taxes, and how much will be taxed.

The judicial branch, along with current responsibilities will review each proposed law advanced by congress, EVERY one. The review will determine if the proposed law will be legal in context of the established laws in force, the Bill of Rights, and any other legal context that may be appropriate. If such review finds a proposed law to be illegal, then that legislation will be returned to congress for edit. Congress MUST pass every law to judicial, after each edit.

If judicial review determines a proposed legislative act to be legal, then judicial passes the proposed act to the executive branch for review.
The executive branch, now with full assurance the law is legal, will review each proposal for plausibility. Is the law likely to actually solve the problem? Is the cost of the enforcement and other considerations accurate?
If the executive branch finds fault with the proposed law, the law is passed back to congress for edit. (note that EVERY edit must pass to judicial, not directly back to executive)
If however the executive branch review determines the proposed law is likely to solve the problem, and the cost accounting is reasonable accurate, then the executive passes the proposal to the PUBLIC, the fourth branch, and the ONLY branch of government authorized to enact law.

The public branch will review the proposed law, and vote on the decision to enact that as law, or to reject that proposal and send it back to congress for edit.

Every citizen over the age of eighteen, has the right to vote, unless such right has been denied for felony criminal conviction.

However each citizen may choose a representative to cast a vote. Note that currently we elect a representative for a term.

In this system a representative is chosen, hired, by a citizen, for ONLY as long as that representative actually chooses to vote in line with the wishes of the citizen.

For each decision, put before the public, a chosen representative will publish to the citizens represented, the decision that the representative will cast on that issue, such published vote cannot be changed by the representative once published. The published decision, will be published some ample time for every citizen who has chosen that representative to determine if THAT is in fact how they want their vote cast.

If so, then that representative casts the vote for that citizen.
If NOT, then the citizen fires that representative, and that representative cannot cast that vote for that citizen. The citizen, can then, choose a different representative for that vote, or for future votes. OR may choose not to vote at all. OR choose to cast that single vote themselves.
A citizen always has the option of choosing if and how their vote will or will not be cast.

A representative will be expected to follow the workings of congress and be aware and informative of the proposed acts anticipated from congress. thus, the citizens will have a fair and informed concept, IF THEY WISH, of the likely effect and consequences of the laws they are asked to decide on.

Thus, if a representative, having nominally 20,000 votes, should publish a no vote on a proposed law, one week prior to the final count, may only have 18,786 ACTUAL votes cast as NO on that law.

This proposal seeks to allow the public to be informed and responsible for the effects and consequences of the laws we will enforce upon ourselves.

Link to original:

4 Branches of Government