A Better DocumentSam Aurelius Milam III
One day while I was discussing with my father some of the flaws in the
U.S. constitution, he got annoyed and declared that nobody alive today could write a better one. I told him that I could. He didn't believe me, so I started work on writing one.

At that time, I’d already been writing a collection of essays about the flaws in the
U.S. constitution. As a part of that project, I’d studied the
U.S. constitution, the
Articles of Confederation, the
Declaration of Independence, the
Journals of the Continental Congress, and a few of the state constitutions. I don’t mean that I’d read what some so-called expert had written about them. I mean that I’d studied the actual documents themselves. I’d also studied a few other historical sources, for which I admittedly relied on other authors. In any case, I was reasonably well prepared, at that time, to write a better constitution.

One day, as I was working on the project, I realized that I wasn’t writing a constitution. I was writing a treaty. I thought about it for a while and decided that it was a good idea. We don’t need a better constitution. We don’t need a constitution at all. A constitution defines a government. A treaty is an agreement between governments. The government that was formed by the
U.S. constitution was never more than an artificial and uneasy alliance of disparate members. The American states should have remained as they were originally described in the
Declaration of Independence, that is, “... that these united colonies are, and of right ought to be free and independent states ... and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do.” The
U.S. constitution was a mistake, a step backwards, another example of winning the war and losing the peace. That's why I wrote a treaty instead of a constitution.

Presented next is an excerpt from that treaty. The
entire treaty is available in
Pharos. I chose to present
Article 8 as the excerpt because it represents a significant innovation
over previous and present such documents. It provides a Convention of the States. That body has some important powers. Two of them are the powers to repeal or to rescind legislation, powers that are desperately needed today. It also controls the admittance of new members into
the alliance, or the expulsion from the alliance of current members.

Even though it’s a treaty, and not a constitution, I still wrote a better document than the
U.S. constitution.
Treaty for an Alliance of American States
(an excerpt)
Article 8: The Convention of the States
Article 8, Section 1 1.

The Convention of the States shall consist of Delegates from each state in this Alliance.
2.

Each state may send any number of Delegates to the Convention of the States, but the Delegates for each state shall vote as a group and each state shall have one vote.
3.

The qualifications for a state’s Delegates shall be as determine by that state.
4.

The method of choosing a state’s Delegates shall be as determined by that state.
5.

A state may recall any or all of its Delegates whenever it chooses.
6.

Delegates to the Convention of the States are not officers of this Alliance, but of the states they represent.
7.

The emolument to be received by each Delegate shall be determined by the state that he represents and shall be paid to him by that state.
8.

No Delegate, during the time that he is a member of the Convention of the States, shall hold any other office under the authority of
this Alliance.
Article 8, Section 2: Rules of Procedure 1.

The Delegates to the Convention of the States may determine the times when the Convention of the States will convene and adjourn.
2.

The Convention of the States shall not conduct business unless at least a majority of the member states is represented.
3.

A motion of the Convention of the States shall not pass unless it receives the approval of at least two-thirds of the states represented and voting.
4.

When the Convention of the States is deciding a conflict
within the jurisdictions provided in this Article, any state which
is a party to the conflict may provide evidence or testimony, but such
state shall not have the power to vote.
5.

This Alliance may provide evidence or testimony in any matter before the Convention of the States, but it shall never for any reason whatsoever have the power to vote.
Article 8, Section 3: Powers 1.

The powers of the Convention of the