Will Tribunocracy be constitutional?
Certainly for use were individual votes do not now directly determine election outcome. For example, officers not now elected by public voting such as some judges and city managers.
The election process in the US constitution for choosing a president provides for an Electoral College whose function is more similar to a Tribunal Convention than our present voting practice. States voting in blocks of electoral votes in presidential elections presently serve as a winner take all proxy for every voter in that state. This is basically the same thing that Tribunocracy provides. The present process is arguably less democratic and proportionally representational than Tribunocracy. It is also arguable that Tribunocracy better represents the original intent of the Electoral College than our present elections process. it reduces the already acknowledged problems of the corrupting role of money and shallow voter analysis. Instead of reducing the power of individual citizens to elect officials, it will increase their power to do so in a more meaningful and democratic fashion. Just as employing jurors to vote on the quilt or innocence of a defendant increase meaningful voter involvement more than letting the decision be made by a every voter non of whom attend a trial.As a practical mater without small scale testing and favorable operation in “constitutionally safe” situations (such as selecting a city manager or judges not now elected) Tribunocracy might be rejected simply because it is different. However, if it is tested and gains popular support it may receive a much more favorable evaluation. Many of the details regarding present voting procedures are as much a mater of custom and tradition than constitutionally stipulated, especially for state elections. In the worst case changing some voting procedures might require a constitutional amendment to override an unfavorable Supreme Court ruling. If over a period of years Tribunocracy is first tried, witnessed and viewed as favorable by the public that may be possible.Even supreme court justices may be influenced by the fact that Tribunocracy enhances the democratic spirit of our constitutional democracy.
Most of what is now accepted as proper voting practices is not based on constitutional law, but rather on tradition. The only general provision regarding public voting in the U.S. Constitution is Section 4, the full text of which is listed below. Note bold emphasis is added to indicate particular relevance to this discussion.
U.S. CONSTITUTION SECTION 4Times, etc., of holding elections, how prescribed. One session in each year.Under the un-amended Constitution there seems to be no US constitutional prohibition against the use of Tribunocracy in elections. Methods of voting and the right to vote are more fully defined in subsequent Constitutional amendments, the most relevant are listed below in their full text:
1. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.
2. The Congress shall assemble at least once in every year, and such meeting shall be [on the first Monday in December,] unless they by law appoint a different day.
Amendment 12 - Choosing the President, Vice-PresidentThe Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Amendment 15 - Race No Bar to VoteSection 1.Amendment 17 - Senators Elected by Popular Vote
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
The Congress shall have the power to enforce this article by appropriate legislation
.Amendment 19 - Women's Suffrage
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.Amendment 24 - Poll Tax Barred
Congress shall have power to enforce this article by appropriate legislationAmendment 26 - Voting Age Set to 18 Years
The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
The Congress shall have power to enforce this article by appropriate legislation. Section 1.Section 1.The relevant U.S. Constitutional provision Section 4, and amendments 12, 15, 17, 19, 24, and 26 do not appear to conflict with the implementation of Tribunocracy Limiting voting to selected tribunes if every otherwise eligible voter wishing to be in a lottery with an equal chance of being selected is guaranteed, and there is no discrimination based on racy, color, or previous condition of servitude, sex, and age over eighteen, arguable complies with all existent constitutional provisions. However judicial interpretation and ruling may be necessary to clarify exactly what Tribunocracy provision would or would not be constitutional.
The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
The Congress shall have power to enforce this article by appropriate legislation.
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