Friday, June 24, 2022

Six Proposed Amendments to restore sanity to the United States

The following six proposed Amendments to the Constitution of the United States are offered as a starting point for discussion.  Other Amendments might be desirable, but I feel these are most urgently needed in response to current crises.  


[Proposed] Amendment XXVIII

Clarifying the Scope of the Second Amendment


The right to keep and bear arms shall be subject to the same level and type of regulation applicable to the right to own and operate a motor vehicle.  Mere possession of an unlicensed firearm cannot be criminalized, nor can the use of such a weapon in self-defense.  Transactions in commerce, and use other than in self-defense, are subject to regulation by the States and Congress, as appropriate.


[Proposed] Amendment XXIX

Restoring the Privileges and Immunities of Citizens


  1. Neither the right of an adult to personal autonomy, nor the rights of personal privacy in intimate relations between consenting adults, being Privileges and Immunities of citizens of the United States, shall be infringed.

  2. No citizen of at least eighteen years of age may be denied the equal protection of the laws, due process of law, or the Privileges and Immunities of citizens, on the basis of race, religion, sex (including gender, gender expression, gender identity, and sexual orientation), age, or disability.

  3. Any citizen whose Rights, Privileges, or Immunities under this Constitution by a State or any person acting under color of State or Federal law shall have recourse in the Courts of the United States.  Neither Federal nor State agents, nor agencies and instrumentalities of the several states, shall have immunity from suit under this Section, whether qualified, judicial, or sovereign.

  4. Congress shall have the power to enforce this Amendment by appropriate legislation.


[Proposed] Amendment XXX

Reforming the Federal Judiciary


  1. Federal Judges are appointed for life.  The base salary for a Federal Judge shall be set as provided by law, as well as the terms and additional compensation for Federal judicial appointments above the District Judge level.  Assignments to specific positions within the Federal Judiciary above the level of District Judge shall be made by the President, with the advice and consent of the Senate, and shall be for the term of years provided by law, after which the Judge may elect return to his or her original District or be assigned to a more convenient open position by the Administrative Office of the Courts of the United States, or such other Office to which Congress shall vest that authority by law.  

  2. All Federal Judges shall be subject to the same Code of Judicial Ethics, and Congress shall provide for its enforcement by means of civil and criminal penalties.  Convictions for violations of that Code shall be deemed convictions by the Senate under Articles of Impeachment, and the Senate shall determine the penalty by majority vote.

  3. Unless otherwise provided by an Act of Congress, appointments to the Circuit Courts of Appeals shall expire after ten years.

  4. Appointments to the Supreme Court of the United States shall be for eighteen years and expire on the 30th day of June in the eighteenth year of the appointment.  The President shall for each annual Term of the Supreme Court, designate a list of Federal Judges to serve on a rotating basis to hear and decide cases where one or more Justices are unable to hear the case due to illness, disability, or recusal under the Code of Judicial Ethics.  Said list shall expire on the 30th day of June each year, and a new list shall be provided by the 1st day of October.

  5. Effective immediately upon ratification of this Amendment, the term of the longest serving justice shall expire on the 30th day of June of each successive even-numbered year, with the Justice whose term is expiring eligible for Senior Status, with all the rights and responsibilities of that designation, or retirement.


[Proposed] Amendment XXXI

Restoring Sanity to the First Amendment


The rights of persons under this Constitution shall be construed to extend only to natural persons.  As artificial persons, business corporations and similar entities organized under the laws of the several States shall be subject to regulation by, and the jurisdiction of the courts of, their state of incorporation, the state of their principal office, and the laws of Congress that regulate interstate commerce.  The corporate form may limit the liability of the owners for the activities of the corporation, but the rights and privileges of the owners shall not extend to the corporation to shield it from liability for acts of discrimination or the obligation to comply with generally applicable laws.  


[Proposed] Amendment XXXII

Dealing with Seditious States and Rogue Governors


Congress shall, by law otherwise consistent with this Constitution, provide for the dissolution, liquidation, and reconstruction of State governments that willfully and repeatedly choose, by means of legislation or enforcement, to restrict or abrogate the rights of individuals under this Constitution; the process provided under such a law shall provide for enforcement by the Executive, standards for adjudication by the Judiciary, and popular ratification of a new state constitution as a condition for readmission to the Union as a State.  During the pendency of a reorganization, the state shall be governed as a dependency or territory of the United States, and its Congressional delegation shall have voice but no vote in their respective Chambers.  


[Proposed] Amendment XXXIII

The President Is Not Sovereign


  1. Congress may provide means, independent of the Executive, to enforce the laws of the United States against the Executive Agencies and Officers, be it by an Independent Counsel, a Special Prosecutor, or some other instrumentality.  Such agency may be charged with investigating and prosecuting any matter referred by Congress.

  2. The President is not immune from either criminal investigation or civil process in Federal Court.  For State court matters, both  civil and criminal, the President may remove the case to Federal court; all criminal cases in Federal court shall be stayed during the remainder of his term in office without regard to any limitations period, and may subsequently be remanded to State court.  Civil cases removed to Federal Court shall be handled expeditiously, keeping any personal testimony or appearances by the President to an absolute minimum, and never requiring him to appear in person in court during his term.

  3. The power of the Executive to pardon offenses against the United States shall not extend to himself, his immediate or extended family, his business associates, or any alleged or convicted co-conspirators.  To be deemed valid pardons must be specific (limited in time and scope), in writing, published, and delivered to the National Archives, unsealed, within three calendar days of being signed.