Saturday, July 12, 2008
Monday, July 7, 2008
Constitutional Amendment
While I read a number of blogs regularly, I've never been under the illusion that I can write as well as the good ones, so I have never before been tempted to blog. The reason I decided to make this leap is my anger and frustration with recent U.S. Supreme Court decisions. Even if we are fortunate enough to get another conservative or two on the court, some of these decisions will poison our jurisprudence, hamper the other two branches, and even affect our safety for years to come.
A retired lawyer, it occurred to me that it might be possible to get the court back on the right track with a constitutional amendment. I'm well aware that this will not be easy, but I suggested this to a couple of bloggers who were kind enough to respond, but dismissive of the chances of this succeeding. So I've drafted a suggested constitutional amendment and will post it here, for comments and discussion. I hereby waive any copyright or other rights; I only want to start a discussion, which could possibly result in action. Here it is:
PROPOSED CONSTITUTIONAL AMENDMENT
TO TAKE BACK OUR CONSTITUTION
I. We the people of the United States are, and intend to remain, sovereign.
II. The judicial branch has arrogated unto itself powers, rights, and controls on the political branches and the people not granted by the Constitution, and which cannot be arrived at by any reasonable interpretation of this Constitution or other legitimate authority.
III. The purpose of this amendment is to restore the judicial branch to its’ rightful place, and reverse attempts to restrict the rights of the people and of the political branches. These introductory comments are explanatory and not substantive, but it is intended that the provisions shall be liberally construed to effectuate the purposes set out above.
IV. The basis for the laws of these United States are four and four only:
a. This Constitution and amendments thereto;
b. The common law of England as existing at the time of the adoption of this Constitution, and decisions of the courts amounting to the common law of these United States or the individual states, but not including matters of constitutional import;
c. The lawful acts and actions of the political branches, including, but not limited to, laws enacted by Congress and becoming effective, actions taken within the authority of the Executive, and treaties duly adopted as provided by this Constitution and other law;
d. Precedent of this and inferior courts, to the extent, and only to the extent, that such precedent is faithful to IV.(a)(b) and (c) above.
V. The following are not at any time or under any circumstances the basis for law
or decision:
a. “Evolving standards of decency,” rights not previously recognized in this Constitution or the common law, emanations from penumbras or other previously unknown phenomena, “objective evidence of contemporary values,” or any other basis grounded in a subjective (as that word is commonly defined in recognized dictionaries) standard;
b. The actual or alleged standards of other polities or nations, mankind generally, world opinion, or anything derived from outside the territorial limits of these United States of America or from the people thereof;
c. Laws or treaties adopted by polities or nations external to these United States, whether or not the United States is a member of such polities or any other associations, unless such laws or treaties have been adopted by the political branches as provided herein.
VII. There is but one valid method for determining the views of the people of these United States; the adoption of laws by the peoples’ representatives in Congress. The judiciary is not competent to and shall not purport to determine what the citizens believe or desire, irrespective of any quantum of alleged
proof which may be presented by litigants or the courts.
VIII. The protections, rights, privileges and immunities of United States citizens, granted to or recognized by this Constitution, individually or collectively, extend to citizens of the United States only. The Congress and the Executive may, in the exercise of their lawful authority by legislation or treaty, extend
to non-citizens rights which may be analogous to Constitutional rights, but none of the three branches, or any of them, or all acting in concert, has any power whatsoever to confer Constitutional rights on non-citizens.
VIII. Recognizing the value of stare decisis to stability in government, business and the judiciary, prior decisions which appear facially to be based on the prohibited matters and interpretative approaches described in V. above shall
be treated as precedent unless and until overruled, and lawsuits
challenging such decisions require a strict adherence to case and controversy rules. However, any such decision may be overruled by act of a 2/3 majority of Congress, concurred in and signed by the President. All future decisions of the Supreme Court or any inferior court declaring any law of the federal government or any governmental unit of the several states unconstitutional may be overruled by act of a simple majority of Congress, concurred in and signed by the President.
IX. Any Justice of the Supreme Court or judge of any inferior court violating the provisions of this amendment shall be subject to impeachment for that reason alone, and Congress is required to bring such proceedings, and if the charge is found correct, to remove such Justice or judge from the bench forthwith.
TO TAKE BACK OUR CONSTITUTION
I. We the people of the United States are, and intend to remain, sovereign.
II. The judicial branch has arrogated unto itself powers, rights, and controls on the political branches and the people not granted by the Constitution, and which cannot be arrived at by any reasonable interpretation of this Constitution or other legitimate authority.
III. The purpose of this amendment is to restore the judicial branch to its’ rightful place, and reverse attempts to restrict the rights of the people and of the political branches. These introductory comments are explanatory and not substantive, but it is intended that the provisions shall be liberally construed to effectuate the purposes set out above.
IV. The basis for the laws of these United States are four and four only:
a. This Constitution and amendments thereto;
b. The common law of England as existing at the time of the adoption of this Constitution, and decisions of the courts amounting to the common law of these United States or the individual states, but not including matters of constitutional import;
c. The lawful acts and actions of the political branches, including, but not limited to, laws enacted by Congress and becoming effective, actions taken within the authority of the Executive, and treaties duly adopted as provided by this Constitution and other law;
d. Precedent of this and inferior courts, to the extent, and only to the extent, that such precedent is faithful to IV.(a)(b) and (c) above.
V. The following are not at any time or under any circumstances the basis for law
or decision:
a. “Evolving standards of decency,” rights not previously recognized in this Constitution or the common law, emanations from penumbras or other previously unknown phenomena, “objective evidence of contemporary values,” or any other basis grounded in a subjective (as that word is commonly defined in recognized dictionaries) standard;
b. The actual or alleged standards of other polities or nations, mankind generally, world opinion, or anything derived from outside the territorial limits of these United States of America or from the people thereof;
c. Laws or treaties adopted by polities or nations external to these United States, whether or not the United States is a member of such polities or any other associations, unless such laws or treaties have been adopted by the political branches as provided herein.
VII. There is but one valid method for determining the views of the people of these United States; the adoption of laws by the peoples’ representatives in Congress. The judiciary is not competent to and shall not purport to determine what the citizens believe or desire, irrespective of any quantum of alleged
proof which may be presented by litigants or the courts.
VIII. The protections, rights, privileges and immunities of United States citizens, granted to or recognized by this Constitution, individually or collectively, extend to citizens of the United States only. The Congress and the Executive may, in the exercise of their lawful authority by legislation or treaty, extend
to non-citizens rights which may be analogous to Constitutional rights, but none of the three branches, or any of them, or all acting in concert, has any power whatsoever to confer Constitutional rights on non-citizens.
VIII. Recognizing the value of stare decisis to stability in government, business and the judiciary, prior decisions which appear facially to be based on the prohibited matters and interpretative approaches described in V. above shall
be treated as precedent unless and until overruled, and lawsuits
challenging such decisions require a strict adherence to case and controversy rules. However, any such decision may be overruled by act of a 2/3 majority of Congress, concurred in and signed by the President. All future decisions of the Supreme Court or any inferior court declaring any law of the federal government or any governmental unit of the several states unconstitutional may be overruled by act of a simple majority of Congress, concurred in and signed by the President.
IX. Any Justice of the Supreme Court or judge of any inferior court violating the provisions of this amendment shall be subject to impeachment for that reason alone, and Congress is required to bring such proceedings, and if the charge is found correct, to remove such Justice or judge from the bench forthwith.
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