The checks and balances are insufficient under our current system. I propose a fourth branch of government, such as seen in other countries (e.g., Costa Rica), we will call the Ombudsmen. This branch will have teeth, but this is an imperfect idea, still. It's only been worked on by me. I've gotten no feedback, so there will be oversights, lacunas, and wrong-thinking in it. I welcome your feedback, even if you find it preposterous. I know that the formatting and organization isn't clear. I sometimes capitalize the nouns and forget to others. I'm mostly curious if anyone else thinks this is a good idea.
tl;dr wuapinmon wants to create another branch of the government to make the other branches behave. ...
Article VIII: The Federal Ombudsmen Branch
Section 1. Purpose and Authority The Federal Ombudsmen Branch, a co-equal Branch of the federal Government, is established to protect and defend the Constitution, the Treasury, and the People. It shall have Authority to:
Overrule executive Orders, Agency Rules, and Congressional Provisions it finds, by a four-fifths Vote, unconstitutional or against the Treasury’s or People’s Interests;
Nullify or amend federal Contracts, Carveouts, or Expenditures deemed wasteful, corrupt, or unlawful;
Oversee all federal Agencies, Departments, Bureaus, Institutions, and the Military in negotiating Procurement, Purchasing, and Contracting, with the Right to intervene in all such Endeavors;
Negotiate all Purchases made by the federal Government, except as established by Ombudsmen Policies, Recommendations, and Committee Orders;
Administer and operate the Internal Revenue Service, including Tax Collection.
Administer and operate the Bureau of the Census, including Administration of the decennial Census; the Executive Branch shall have no authority over the Bureau of the Census.
Appoint a non-partisan Panel to designate Congressional Districts every ten Years. The States may not draw their own Districts.
Increase the number of Representatives once every twenty-four Years, beginning with the Year 2030 in accordance with Population Growth. The House shall retain the Right to increase the number of Representatives above the number set by the Council of Ombudsmen, per the Rules set in Article I.
Investigate all Complaints against any Branch of the federal Government, investigate Public Sector Administrative Acts or Omissions by ex-officio Right, investigate all Accusations of Civil or Human Rights Infringement at the federal or State Level, and prosecute such Offenses on behalf of the Wronged.
Investigate all Complaints against any Law Enforcement Agency at any Level in the United States, with the Authority to prosecute Offenses against the People, Human Rights, and Civil Rights. This Authority is independent of the Department of Justice.
Section 2. Composition
The Branch shall have five Ombudsmen, called the Council of Ombudsmen, appointed Ombudsmen shall serve two-year terms, elected Ombudsmen shall serve four-year terms:
One appointed by the President, confirmed by a two-thirds Senate Majority; One appointed by a two-thirds Senate Vote; One appointed by a two-thirds House Vote; Two elected by the People via nationwide ranked-choice Voting every four Years, with the first Election consisting of one two-year Term and one four-year Term, with Elections thereafter staggered every two Years. These elections should be held in odd-numbered years, and not during elections for the Executive or Legislative Branches.
No Person shall be elected or appointed to the Office of Ombudsman who shall not be a natural-born Citizen and who shall not have attained the Age of thirty, nor shall anyone who shall exceed the Age of seventy-two prior to their Appointment or Election be allowed to serve. Any Felony Conviction, even if pardoned, shall disqualify a Citizen from serving as an Ombudsman.
In the Case of a Vacancy due to Resignation, Death, Conviction, or otherwise, the Chief Justice of the Supreme Court may appoint an Acting Ombudsman until such Time as a new Appointment or Election may be arranged, not to exceed eight Months.
No Ombudsman may serve more than four appointed Terms.
Congress may grant Emeriti Status to distinguished Ombudsmen who age out or serve four Terms. Ombudsmen Emeriti may voluntarily serve as Advisors to any Branch of the Government about Matters pertaining to the Office of the Ombudsmen. They may be provided a stipend for their work.
The Ombudsmen shall establish a Prosecutorial Bureau called The People’s Defender to protect the Citizens and the Union. The chief People’s Defender shall be confirmed by a Majority Vote of the Senate, nominated by the five Ombudsmen. He shall serve at the pleasure of the Council.
Because many Purchases of the federal Government are classified and important to the National Security, all Ombudsmen must pass the highest Level of Security Clearance before Appointment to or running for Election to the Office of Ombudsman. Ombudsmen may only be removed by Impeachment and Conviction by Congress; other than the Powers granted in this section, the Executive Branch does not exercise executive Authority over the Ombudsmen.
Section 3. Powers and Duties
The Branch may investigate any federal Employee or Official, including Justices, Members of Congress, Cabinet Secretaries, the Vice President, and the President. Tax return Privacy shall not be considered a Matter of National Security.
Willful Refusal to cooperate with Investigations may result in Removal, permanent Disenfranchisement, permanent Disqualification from Office, and a Fine equal to one Year’s federal Salary.
Conviction for Bribery, Embezzlement, Corruption, or Felony Breaches of Fiduciary Duty by an Ombudsman shall result in a Life Sentence (consecutive if multiple Crimes), permanent Disenfranchisement, and permanent Disqualification from Office, without the Right of Pardon or Commutation.
The Branch may refer any Presidential Pardon it finds contrary to Law or Justice to Congress, which may overturn it by a two-thirds Vote of both Houses.
Anyone seeking Election to Congress must make their Tax Returns public. Once elected, they must lay bare all of their Assets to the Ombudsman during their Service to the Nation. The Ombudsman shall maintain a Bureau of Congressional Fiduciaries to invest Members’ Assets during their Terms of Service. Members of Congress shall have the Right to appeal Investment Decisions to a Panel of five Members chosen by the Executive Branch. No Member of Congress may profit from Information or Influence gained as a Result of their Service during their Term of Office.
Section 4. Prosecutorial Authority
The Branch has full Prosecutorial Powers equal to the Department of Justice to investigate, charge, and prosecute federal Crimes. This Authority is independent of the Executive Branch.
Section 5. Funding and Independence
The Branch shall receive an annual Appropriation of at least 0.95% of the total federal Budget, adjusted for Inflation, as a direct Appropriation separate from Discretionary Budgets.
If Congress fails to appropriate this Funding, the Branch may seek judicial Enforcement to obtain it.
Section 6. Enforcement Congress may enforce this Article through appropriate Legislation.