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To the Journal editor:
For centuries, the concept of equality and due process had been slowly emerging within the world's oppressed peoples, yet it took bold action by our Founders to make freedom and equality a reality, thus American democracy was born.
They proceeded to create a Constitution, not carved in stone but one malleable for future generations to refine, since none of them believed they created the end-all-be-all constitutional structure. Yes, our Constitution is extremely difficult to modify for good reasons, but when underlining flaws are hacked to abuse power, it's time to make bold changes.
America is up to its eyeballs with issues and division. So instead of blaming, the following is my out-of-the-box idea to patch our Constitution. Yes, it's a pipe dream and some will reject my idea immediately, but a deeper dive may spur alternative solutions.
Premise: 1) I don't believe our three co-equal branches of government truly have equal power to hold other branches accountable for their actions. 2) Department of Justice's independence from the Executive Branch is currently a moral pledge, but the DOJ has been viewed as being weaponized by both political parties, thus eroding confidence in the Rule of Law.
Therefore, what if the DOJ was spun-off into a new Fourth Branch of government? Call it the "National Justice Branch," impartial enforcement of federal law, protector of civil rights and independent to hold anyone accountable for abuses of public power. Removing it from presidential control, yet accountable to the Constitution, Congress and the courts.
Main Principle: No president should control federal prosecution and no branch or federal law-enforcement body is beyond independent scrutiny. The Department of Homeland Security, Central Intelligence Agency and Department of Defense would remain unchanged and intact under the Executive Branch to safe guard America from external threats. The National Justice Branch would continue communicating and working with all government security agencies to protect National Security.
Proposed Amendment: The new co-equal "National Justice" Branch shall administer federal investigations and prosecutions impartially; protect individual rights secured by the Constitution; investigate abuse of federal power, and shall exercise no power except as provided by the U.S. Constitution and laws passed and executed by Legislative and Executive Branches, and validated by Judicial Branch.
National Justice Branch would include:
• Chief Justice Administrator and Deputy Director, replacing AGs.
• Federal Law Enforcement (FBI, DEA, ATF, U.S. Marshal Service): With clear limits on domestic intelligence collection and political investigations.
• Federal Prosecution Office: independent federal prosecutors required to follow constitutional due processes in pursuit of justice.
• Federal Integrity Office: investigates corruption, obstruction, retaliation against whistleblowers, and misuse of classified information by any federal official.
• Federal Civil Rights and Public Defense Office: enforces federal civil-rights laws and provides independent due-process counsel for people facing federal prosecution.
• Independent Justice Inspector General: audits the entire National Justice Branch and can refer misconduct for prosecution outside the accused person's chain of command.
Details of structure, how long members would serve and the nomination and confirmation process are TBD.
America's inseparable ideals, individual freedom and no one is above the law, demand independent rule of law and due process, the hinge pin for our democracy's survival. We need the best, brightest and constitutional minded to take bold actions to improve on what our Founders created.
I don't consider myself any of the above, yet I'm communicating my Fourth Branch bold idea to my elected representatives. Who knows, this letter might spur momentum in rebuilding trust in the rule of law.