Wednesday, October 19 2011 @ 08:07 AM CDT Views: 1,583
One of the most egregious flaws of the United States Constitution is that it failed to lay out specific, significant penalties for public officials and elected representatives who fail to abide by the requirements and limits of the Constitution.
The Founders naively believed that the people themselves would be both willing and able to defend their Constitution, and would be willing and able to punish Presidents, Senators, Representatives, and other federal officials who transgress against the Constitution's limits on governmental power.
The result is a Federal government far, far, FAR larger and more intrusive into the people's lives than the Founders could ever have contemplated in their worst nightmares. Depending on the issue, and depending on the situation, people of good will on the left, the center, and the right of the political spectrum have been outraged at the actions of Presidents, the Congress, and the Federal government in which we, the people have delegated a portion (but only
a portion) of our rights, privileges and immunities, and have watched in horror as the Legislative, the Executive, and the Judicial branches of the Federal government have steadily arrogated power to themselves and steadily constrained and restricted the freedoms and liberties of the people.
We, the people, should fix that problem.
I propose the following amendment to the U.S. Constitution:
Section 1. Constitutional malfeasance shall consist of the action of any elected, appointed, or otherwise authorized representative of the people of the United States who, while purporting to act under color of the legitimate powers delegated by the People to the United States government by this Constitution, approves any law or regulation, makes any ruling, finding or determination, or sets into motion any action or process of the United States government which violates or abridges the rights and privileges of any citizen of the United States.
Section 2. This Constitution shall be interpreted at all times according to the plain intent and common meaning of the words of this Constitution, and shall be interpreted at all times in a manner that restricts the activities of the government and preserves the liberties, rights, privileges and immunities of the People.
Section 3. The supreme Court of any of the Several States shall have authority upon presentation of satisfactory evidence under this article to make a finding of Constitutional malfeasance.
Section 4. The supreme Court of the United States and any such inferior courts as the Congress may from time to time ordain and establish shall have authority upon presentation of satisfactory evidence, make a finding of constitutional malfeasance.
Section 5. Any citizen of the United States shall have standing to make a complaint of Constitutional malfeasance to any State court or any court of the United States, and the disposition of such complaints shall be disposed of in a serious and timely manner.
Section 6. Congress shall, by three fourths majority of both houses, be empowered to make a finding of Constitutional malfeasance by a Justice of the Supreme Court of the United States.
Section 7. Any person found to have committed Constitutional malfeasance shall, regardless of any subsequent disposition of the matter, from the date of the finding and forever more be ineligible to serve the United States or any State in any position of trust or authority; and shall from the date of the finding and forever more be ineligible to receive any salary, pension, payment, remuneration, or monetary benefit of any kind whatsoever from the United States or any State. Such ineligibility shall not be subject to review or appeal.
Section 8. Any Representative, Senator, President, Justice, Judge, or Officer of the United States who is found to have committed Constitutional malfeasance shall be fined no less than ten million dollars, such amount to be distributed in equal measure to any and all citizens of the United States whose rights and privileges were abridged or violated. Such fine shall be subject to review and appeal in the usual and customary manner for judicial appeals.
Section 9. Any Representative, Senator, President, Justice, Judge, or Officer of the United States who is found to have committed Constitutional malfeasance shall be imprisoned for no less than ten years. Such imprisonment shall be subject to review and appeal in the usual and customary manner for judicial appeals, however no person shall be released from imprisonment until and unless that person is found not guilty on appeal.
Section 10. Congressional authority under this Article shall be limited to that authority delegated to it by the People in Section 6, and that Congress may modify the amount of the fine described in Section 8, and the length of imprisonment in Section 9, except that neither the fine nor the imprisonment shall be less than that described in this Article.
Update: Performed some minor edits to the Amendment.
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