Okay, this is an official request for comments. I would like your feedback on this. It's intended to be an amendment to the US Constitution to restore existing provisions of the Constitution to their intended purpose. It's not intended to ADD anything to or REMOVE anything from the Constitution. Rather, it's intended to eliminate what I call "court drift"... many small rulings that twist the Constitution to say what it doesn't actually say.
For example, courts have gradually ruled a Federal government with limited and enumerated powers out of existence. The purpose of this amendment is to overrule those rulings and take us back to founding principles.
What do you think of this?
Section 1: Congress shall not pass, nor shall the federal government enforce, any law that incorporates powers not specifically listed in Article I, Section 8 of the United States Constitution. The “common defense and general welfare” clause explains the goal of Congressional action, and shall not be construed to be a limitless power in and of itself. Existing programs and departments in violation of this amendment will be automatically terminated three years after the ratification of this amendment.
Section 2: The practice of the President of the United States appointing paid advisers, sometimes referred to as “Czars,” to wield government power without being confirmed by the United States Senate is hereby prohibited as an abuse of Presidential authority.
Section 3: Presidential “signing statements” that modify the text and/or meaning of a law duly passed by Congress are invalid and have no effect on those laws.
Section 4: No candidate for President of the United States may be considered by the Electoral College for the office of President of the United States unless the electors have received and verified proof of natural citizenship as required by the United States Constitution.
Section 5: The practice of government, at any level, using the power of eminent domain to seize property and sell or give it to another private entity is prohibited. The power of eminent domain is only to be used for infrastructure work and other essential government interests.
All comments are welcome.
Wednesday, September 29, 2010
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Number one needs work, leaves too much discretion. Section 8 should be re-worked instead knowing the give an inch take a mile principle always applies. This would mean an amendment for each new program but so be it. Would be fun to see Legislatures scramble to ratify an amendment authorizing social security and medicare.
ReplyDeleteNumber two infringes on the ability to appoint advisers and easily worked around any way. Say paid by the campaign fund and services donated to the President. Or just not paid at all but the paper still flows thru them.
Number three, might want to read some (which go way back to Monroe), some parts of legislation are flatly unenforceable but other parts good. Maybe, each piece of legislation shall be for a single purpose, like our Legislature requires and so easily vetoed. Or "if the President shall conclude any part of bills presented for approval is unconstitutional, he shall return the bill for reconsideration with his comments to the house of origin. Said house has 10 days to consider or bill will be considered vetoed".
Number four, what is "verified proof of natural citizenship"? Many have a foreign birth certificate but were born to US citizens and so citizen by birth. If born during military or diplomatic duty, considered native born. Do their state department issued papers suffice? Birth Certificates, naturalization papers of both parents, copy of parent's military orders? How about simply "sworn statement by candidate they fulfill the requirements of office". A man's word still means something and if not, grounds for impeachment.
Number five, a workaround, Montgomery seizes your home, writes you a check then while retaining title, placing a flagpole on it then lease it to a developer. The property serves the essential interest of providing tax revenue, a contractor run jail, etc. Suggest working this into your amendment,e.g seizing property to increase tax revenue or results in a benefit to another private entity is flat out.
Like any other design, amendments have to be idiot proof and include the obligatory, "Don't use toaster under running water" stuff.
good ideas though just need to be reviewed with a devious mind set.
Constitutional amendments are difficult and time consuming to get passed.
ReplyDeleteIf this were to pass as anything other than a constitutional amendment and someone challenged its constitutionality and it worked its way to SCOTUS, chances are that a majority of the justices would rule against it because they feel the bill infringes on the power of the court and actually makes some of the court’s prior decisions appear to be unconstitutional.
Bassel, I will look at your comments in depth tonight.
ReplyDeleteDon, it only works as a Constitutional amendment. And of COURSE they are difficult to pass... as designed. But that doesn't mean we shouldn't try...
Yes, it’s worth trying for.
ReplyDelete