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pjohns
01-22-2014, 04:09 PM
I have been reading Mark Levin's most enlightening book, The Liberty Amendments: Restoring the American Republic. It is an excellent read.

Although I have long taken a slightly different approach from Mr. Levin--one in which the individual states simply drop out of the federal-court system, and nullify federal laws by a majority vote of their respective state legislatures--Mr. Levin does make a very good case for his own views.

Here is a synopsis of his porposed constitutional amendments:

(1) Limit all members of Congress (both chambers) to a total of 12 years in office; and this, irrespective of whether those years are served in the House, the Senate, or a combination of both.

(2) Repeal the Seventeenth Amendment, and allow all US Senators to be chosen by the several state legislatures, as was originally the case. As Mr. Levin notes elsewhere in the book, the Seventeenth Amendment" failed when it was introduced several times over the decades before it was finally ratified." But, about 100 years ago, during the Progressivist fervor typified by Woodrow Wilson, "the unique political and cultural atmosphere" came about "promoting similtaneously radical egalitarianism and centralized authoritarianism."

(3) Limit the total time served on the SCOTUS to 12 years also; and this, for both Associate Justices and the Chief Justice. Also, provide for the option for any Supreme Court decision to be overridden by a three-fifths supermajority of both chambers of Congress; that it may also be overriden by majorities of three-fifths of the state legislatures; and that this override "shall not be the subject of litigation or review in any Federal or State court, or oversight or interference by Congress or the President." (There would be a 24-month time frame, from the issuance of any SCOTUS decision, for either of these types of overrides to occur.)

(4) Adopt a balanced budget by the first Monday in every May; the failure to do so resulting, automatically, in "across-the board, 5 percent reductions in expenditures from the prior year's fiscal budget."

(5) Require all federal departments and agencies to expire, automatically, "if said departments and agencies are not individually re-authorized in stand-alone re-authorization bills every three years by a majority vote in the House of Representatives and the Senate." And submit to the GAO all "Executive Branch regulations exceeding an economic burden on $100 million."

(6) Redefine the Commerce Clause to the US Constitution, which succeeding Supreme Courts have (apparently) considered infinitely flexible, for a very long time now. Accomplish this by declaring that "Congress's power to regulate Commerce is not a plenary grant of power to the federal government to regulate and control economic activity but a specific grant of power preventing states from impeding commerce and trade between and among the several States." And, moreover, that "Congress's power to regulate Commerce does not extend to activity within a state, whether or not it affects interstate commerce; nor does it extend to compelling an individual or entity to participate in commerce or trade."

(7) Whenever the federal government seizes private property for a public use, either "by actual seizure or through regulation," causing "a market value reduction of the property, interference with the use of the property, or a financial loss to the property owner exceeding $10,000," the government must "compensate fully [the] property owner for such losses."

(8) Allow the several states, through their respective state legislatures, to enact constitutional amendments, whenever two-thirds of the states vote to do so. (There would be a six-year time limit placed upon this measure, "starting from the date said Amendment is adopted by the first State Legislature." Also, "Each State Legislature adopting said Amendment shall provide an exact copy of the adopted Amendment, along with an affidavit signed and dated by the Speaker of the State Legislature, to the Archivist of the United States within fifteen calendar days of its adoption."

(9) Every bill voted upon by Congress must have "a minimum of thirty days" between its engrossing, "including amendments, and its final passage by both Houses of Congress." During that time, the bill "shall be placed on public record," and "there shall be no changes" made to it.

(10) In all 50 states and the District of Columbia, a photo ID shall be required in order to vote. Those who cannot afford to acquire such identification shall have it provided "at no cost."

Peter1469
01-22-2014, 04:21 PM
I don't think that all of #3 is needed. Congress can always write legislation to fix a law that SCOTUS found unconstitutional. A fixed term makes sense, especially with how much longer people live today.

nic34
01-22-2014, 04:32 PM
#3 - so just give the states' power to the highest bidder then...

Until the Citizens United decision is overturned all this is nonsense will do little more than give more power to corporations.

Human beings are people; corporations are legal fictions.

Here's the proposed 28th amendment to the constitution.

https://movetoamend.org/wethepeopleamendment

Peter1469
01-22-2014, 05:18 PM
#3 - so just give the states' power to the highest bidder then...

Until the Citizens United decision is overturned all this is nonsense will do little more than give more power to corporations.

Human beings are people; corporations are legal fictions.

Here's the proposed 28th amendment to the constitution.

https://movetoamend.org/wethepeopleamendment

Corporations can easily be afforded rights via corporate regulations.

pjohns
01-22-2014, 09:02 PM
#3 - so just give the states' power to the highest bidder then...

Better to give the states the power (as the Framers clearly intended) than to give unchecked power to nine black-robed individuals (any five of whom--unelected by anyone--may effectively reign over the American citizenry).