Draft of Proposed Constitutional Amendment

In light of the present difficulties of Congress in obtaining information from the executive branch, I propose the following constitutional amendment:

1. The executive branch shall, upon the request of any senator or congressman, promptly produce all documents and information requested within its possession or control to the requesting member, irrespective of classification, sensitivity, or any other danger to national security that might result from the disclosure of such documents or information to the member or to third parties. Such requests may be directed to any employee or officer of the executive branch, irrespective of position, rank or contractual provisions that may require non-disclosure. The duty of the executive branch to respond fully and completely to such requests shall extend to testimony by officers, employees and contractors of the executive branch before either house of the legislature and their committees

2. The agency receiving such request may, within 7 days, object to the production of the documents or information or any portion thereof by serving its objection upon the requesting member, setting out in detail the reasons for its objections, and unless 55% of the members of the house of Congress to which the requestor belongs votes to sustain the objection, the agency must comply with the request. The vote to sustain shall be privileged and each member is limited to 30 minutes of debate.

3. Each house of Congress may, by a two-thirds majority adopt rules limiting the access of all members to certain categories of documents and information, but may by a two-thirds majority exempt individual members from any or all such limitations. Any rules adopted under this section must be drafted with specificity as to the documents and information protected and any ambiguities shall be interpreted in favor of disclosure.

4. Executive privilege is hereby abolished. No member of the executive branch, including the president or vice president, may refuse to provide any information or documents required to be produced under this amendment.

Any other ideas for constitutional amendments? Put them in the comments.

Update: Upon further consideration, it occurred to me that it is usually the minority party that is refused information by the executive branch. Requiring a super-majority to sustain the objection of the executive branch creates a presumption that the information should be produced.

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