Another major restructuring of government: breaking apart the Executive Branch to reduce the ability of the President to act with dictatorial power:

The Prosecutorial Branch Amendment

The Department of Justice shall be separated from the Executive Branch into its own co-equal PROSECUTORIAL branch of government. POLICING (physical & cyber security, military and foreign intelligence) functions shall remain part of the Executive Branch, while PROSECUTING (including investigating) functions shall be the duty of the independent Prosecutorial Branch of the government.

All Inspectors General shall be part of the Prosecutorial Branch, as well as any Special Prosecutors appointed. Congress shall structure the Prosecutorial Branch by law, much as it does the Court and the Executive branches, but may not impinge upon the Prosecutorial Branch’s core duties to investigate and prosecute.

The Prosecutorial Branch shall be run by the Attorney General and Deputy Attorney General, elected as a ticket for a single 10-year term by national vote (similar to the President and Vice-President). No person shall be elected or otherwise appointed to Attorney General who has already served a total of more than 5 years in that position.

The Prosecutorial Branch shall investigate CRIMES, not PEOPLE, and without Fear or Favor. The Prosecutorial Branch may call an Impeachment Court to attempt to impeach elected & appointed officials. The Impeachment Court shall consist of 9 randomly drawn Federal Appeals Court Judges. Impeachment requires a majority vote of the Impeachment Judges. Any thusly impeached official shall be tried by the Senate as if they had been impeached by the House.

Cooperation and coordination between the Executive and Prosecutorial Branches is required to coordinate policing, investigating and prosecuting. However, partisan coordination and influencing between those Branches shall be an impeachable offense by the House of Representatives, and may be made a crime by an Act of Congress.

Too many times in the past (Hoover and Nixon, Bondi and Trump, as just two quick and easy examples), the President and/or members of the Administration have coordinated with the Department of Justice to spy on, harass, intimidate, and even prosecute citizens who all too often have committed no crime. Having both policing and prosecuting powers under one roof seems to beg for abuse.

The Department of Justice has, at various times in the past, had a reputable, even honorable role in the functioning of our government and our society. Members of the department have held themselves to very high standards, and have behaved according to the morals and beliefs that a strongly democratic society would wish. But, alas, it’s a tool too easily abused by those with dictatorial leanings. The best way to avoid kings and “strong men” was recognized hundreds of years ago. Unfortunately, the framers of our Constitution put too much faith in the good will of those seeking office. They recognized the danger, but didn’t go far enough to avoid it.

Just as the powers of Congress are split into many (hundreds of) hands, the powers of the Executive Branch are concentrated in two few hands (usually, just two, both attached to the same body). To avoid a wannabe-king destroying our democracy, the powers of the Executive Branch should be similarly split into many (at least, a number of very independent) hands. In a few days, I’ll have more to say on this subject with one more “out there” idea for an Amendment.

-Everett