See prior posts; Part 1, Part 2, Part 3, Part 4
Here is my draft Constitutional Enforcement Amendment.
Whereas, The Constitution of the United States of America is the highest law of the land;
And whereas the Constitution of the United States of America limits the powers delegated to the Federal Government only to those specifically enumerated in the Constitution, as it may have been and will be amended from time to time;
And whereas there is presently no Constitutionally defined process by which the Constitutional limits on Federal or State authority may be enforced, and the rights and privileges of the people of these united States protected;
And whereas there exist today numerous infringements and violations of the Constitution as written;
Therefore, it is proposed that the following language be incorporated as an Amendment to the Constitution of the United States of America;
"Any law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort issued or promulgated by any agent, employee, or representative of any government within the territory of the United States or any of its possessions that is contrary to the plain language of the US Constitution as written, or assumes powers not specifically delegated within the Constitution, as amended, to the Federal, State or local authority, or any or all of them, shall be null and void. Any citizen of the United States, or one of the several States, whether naturalized or native born, shall have standing to bring action to have any such law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort issued or promulgated by any government brought before any court of competent jurisdiction to determine that said law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort ruled unConstitutional, null and void. Plaintiff may choose any court of competent jurisdiction, and said court shall hear that case without delay, giving said complaint the highest priority on the docket.
Plaintiff shall have the right of subpoena as in criminal cases, and may request not only revocation of said law, but actual and compensatory damages as Congress shall determine through applicable law. Plaintiff may cite any prior case which may have bearing upon the matter at hand, but is not obliged to cite any case of any sort, and lack of citation shall not act to prejudice his case.
Any party seeking to uphold any such law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort issued or promulgated by any government shall not be permitted to cite past case law or precedent, from whatever case derived, but must show de novo how such law is not contrary to the plain language of the Constitution as written. The burden of proof shall be upon any party seeking to uphold any such law ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort.
In any criminal or civil proceeding, any assertion as to the lack of Constitutionality shall be immediately resolved prior to further proceedings. Such an assertion shall always be in order. Any citizen of the United States or of any of the several States, shall be allowed to file a supporting brief at his or her own personal expense.
The authors and legislative sponsors of laws, ordinances, regulations, executive orders, administrative ruling or any other restriction on the freedom of action of any citizen or resident of these united States passed or promulgated after this Amendment becomes effective, which law, etc. is subsequently found to be unConstitutional shall be personally liable for actual and compensatory damages as Congress by law shall determine, or each Court to determine if Congress shall not have acted.
Any Court before which is brought any such case shall immediately enjoin and bar enforcement of any such law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort being challenged by the Plaintiff within said Court's jurisdiction, the presumption always being that said law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort is null and void save only that it be proved that the plain language of the Constitution indeed specifically authorizes said authority.
Congress shall have the power to further expand the ability of citizens to challenge the Constitutionality of restrictions upon the rights of the citzenry, but shall not be empowered to constrain said challenges.
This Amendment shall have no time limit for ratification."
So, what do you, O Gentle Reader, think of this? How might it be improved?
With regard to all who serve the Light-
Historian
Here is my draft Constitutional Enforcement Amendment.
Whereas, The Constitution of the United States of America is the highest law of the land;
And whereas the Constitution of the United States of America limits the powers delegated to the Federal Government only to those specifically enumerated in the Constitution, as it may have been and will be amended from time to time;
And whereas there is presently no Constitutionally defined process by which the Constitutional limits on Federal or State authority may be enforced, and the rights and privileges of the people of these united States protected;
And whereas there exist today numerous infringements and violations of the Constitution as written;
Therefore, it is proposed that the following language be incorporated as an Amendment to the Constitution of the United States of America;
"Any law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort issued or promulgated by any agent, employee, or representative of any government within the territory of the United States or any of its possessions that is contrary to the plain language of the US Constitution as written, or assumes powers not specifically delegated within the Constitution, as amended, to the Federal, State or local authority, or any or all of them, shall be null and void. Any citizen of the United States, or one of the several States, whether naturalized or native born, shall have standing to bring action to have any such law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort issued or promulgated by any government brought before any court of competent jurisdiction to determine that said law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort ruled unConstitutional, null and void. Plaintiff may choose any court of competent jurisdiction, and said court shall hear that case without delay, giving said complaint the highest priority on the docket.
Plaintiff shall have the right of subpoena as in criminal cases, and may request not only revocation of said law, but actual and compensatory damages as Congress shall determine through applicable law. Plaintiff may cite any prior case which may have bearing upon the matter at hand, but is not obliged to cite any case of any sort, and lack of citation shall not act to prejudice his case.
Any party seeking to uphold any such law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort issued or promulgated by any government shall not be permitted to cite past case law or precedent, from whatever case derived, but must show de novo how such law is not contrary to the plain language of the Constitution as written. The burden of proof shall be upon any party seeking to uphold any such law ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort.
In any criminal or civil proceeding, any assertion as to the lack of Constitutionality shall be immediately resolved prior to further proceedings. Such an assertion shall always be in order. Any citizen of the United States or of any of the several States, shall be allowed to file a supporting brief at his or her own personal expense.
The authors and legislative sponsors of laws, ordinances, regulations, executive orders, administrative ruling or any other restriction on the freedom of action of any citizen or resident of these united States passed or promulgated after this Amendment becomes effective, which law, etc. is subsequently found to be unConstitutional shall be personally liable for actual and compensatory damages as Congress by law shall determine, or each Court to determine if Congress shall not have acted.
Any Court before which is brought any such case shall immediately enjoin and bar enforcement of any such law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort being challenged by the Plaintiff within said Court's jurisdiction, the presumption always being that said law, ordinance, regulation, executive order, administrative ruling or any other written or verbal statement of any sort is null and void save only that it be proved that the plain language of the Constitution indeed specifically authorizes said authority.
Congress shall have the power to further expand the ability of citizens to challenge the Constitutionality of restrictions upon the rights of the citzenry, but shall not be empowered to constrain said challenges.
This Amendment shall have no time limit for ratification."
So, what do you, O Gentle Reader, think of this? How might it be improved?
With regard to all who serve the Light-
Historian
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