08/2011

The Nullification Amendment

The nullification of any act of Congress shall require the rejection of same by two thirds of the States, by popular vote or by the State Legislature.

Peter Namtvedt

 

07/2011

Definitions

The standard of meaning for all terminology in this constitution shall be the meaning ascribed by the population that was alive at the time of its adoption, as documented in the writings of the members of the constitutional convention and current dictionaries.

 

05/2011

Legislative Limits

Section 1.
Congress shall make no law that presumes that any power not mentioned as an individual right in the Bill of Rights, must be an implied power of government.
Section 2
Congress shall make no law that could perfectly well be made by individual states, regarding any matter to which some states are opposed.
Section 3
Congress shall make no law that establishes other agencies for the purpose of making laws or regulations.

Peter Namtvedt

 

04/2011

Coinage of Money

Section 1
Congress shall make no law affecting the money used within the United States of America.
Section 2
The creation of money in the United States shall be established by the free working of the market, whether it be in the form of precious metals or units of a broad index of corporate equity, or any form that does not easily become corrupted.
Section 3
It shall be an option that debit cards will be used to virtually move funds consisting of said money, in preference over tokens, warehouse receipts and/or certificates.

 

03/2011

The Purpose of the Contstitution

Alter the Preamble to read

The Purpose of the Constitution of the Uniting States to read:

We the Uniting States, in order to protect the individual Rights of all People living within the Borders of the United States of America, do ordain and establish this Constitution of the United States of America.

Peter Namtvedt

 

02/2011

The Purpose of the Contstitution

Amend the Constitution of the United States to read:

We the Uniting States, in order to protect the individual Rights of all People living within the Borders of the United States of America, do ordain and establish this Constitution of the United States of America.

Peter Namtvedt

 

01/2011

End Deficit Spending

Congress shall make no law resulting in expenditures for which the Treasury has no funds, except when Congress has declared War.

Peter Namtvedt

 

12/2010

Takings, Revised

Section 1
No person shall be deprived of property without due process, that being a trial by a jury of his peers.
Section 2
No government agency may take private property from its owner, including money, without just compensation by means considered of greater value by the owner of the property to be taken.

Peter Namtvedt

 

12/2010

Non-initiation of Force.

No individual, group, organization or government entity shall have a right to initiate force against any individual, group, organization or government entity.

Mike Nelson

 

12/2010

The General Welfare Clause

The General Welfare clause shall be interpreted to mean that Congress shall only expend funds for the purpose of improving the union form of the federal structure of government, but never for any cause that could be carried out by the states or commercial enterprise. This expenditure must be of equal benefit to all of the people, never to any particular group or individuals.


Peter Namtvedt

 

11/2010

Extension of the Thirteenth Amendment

Section 1.
Neither slavery, nor involuntary service, whether in the whole of the life of a person or only of a part of her or his life, shall exist in the United States of America, or any place under its jurisdiction. Exception to this must be made as a punishment for crime for which the party has been duly convicted.

Section 2.
Congress shall have power to enforce this article by appropriate legislation.

Peter Namtvedt

 

10/2010

The Sanctity of Private Property

Section 1. Congress shall enact no law entailing the distribution of any person's wealth or property against that person's will to benefit another, except as settlement for a crime against the other whereof the first party shall have been duly convicted.

Section 2. Congress shall enact no law entailing the distribution of any legally levied Taxes, Duties, Imposts and Excises or other government revenues to benefit another except as Compensation for Goods or Services provided for the authorized operation of the United States Government, as to be ascertained by Law.

Section 3. Congress shall have power to enforce this article by appropriate legislation.

Scott Webster Wood

 

10/2010

One Law Item at a Time

Congress shall make no law that addresses more than one single item or subject.

DownsizeDC.org

 

09/2010

Congress shall make no law without first holding hearings to determine whether the presumption the members hold about the proposed law being constitutional, or would violate individual rights.

Peter Namtvedt

 

08/2010

Separation of Sex and State

Congress and state legislatures shall make no law infringing the choice of sexual partner or sexual activities or the right to privacy or the privileges of committed partnership.

Peter Namtvedt

 

08/2010

Twenty-eighth Amendment

"Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and Representatives; and, Congress shall make no law that applies to the Senators and Representatives that does not apply equally to the citizens of the United States."
Urban Legends

Congress shall make no law to pay its members more than the average pay of their constituents.

Scott Webster Wood

 

07/2010

The Principles of Federal Employment

Congress shall make no law that permits any federal employee to be paid more than comparable non-government employees.

Section 1
Every government employee shall be paid the lesser of the rate of the average pay for the entire nation or the average pay of the state or territory in which they work.

Section 2
No employee of the United States government shall be a member of a labor union.

Peter Namtvedt

 

07/2010

Congress shall make no law infringing the freedom of education and the arts. (Separation of state and school)

Congress shall make no law infringing the freedom of how disease is treated. (separation of state and medicine).

Yaron Brook

 

07/2010

Separation amendments

Congress shall make no law infringing the freedom of production and trade. (separation of state and economics)

Ayn Rand, Atlas Shrugged, page 1068

 

06/2010

The Read the Bills Act

Congress shall make no law without every Representative and Senator swearing that they have first read the bill.

Peter Namtvedt


 

05/2010

Effective checks and balances

Any executive order of the president of the united states or act of congress may be overridden by a majority of the states. Each state may establish its own process for taking such action, by governor decision or legislative action.

Peter Namtvedt

 

04/2010

Repeal Power to Tax

Congress shall make no law imposing any kind of taxes or permitting any kind of takings. Government financing shall be strictly by voluntary contributions.

Businesses would be expected to contribute the most since they have the most to protect.

Any person or business that does not contribute in proportion to their wealth may freely be shunned and boycotted.

Peter Namtvedt
In protest against Randy Barnett's value added tax as a substitute for all other taxes.

 

04/2010

Article [of Amendment 2] -- [Limits of Commerce Power]
The power of Congress to make all laws which are necessary and proper to regulate commerce among the several states, or with foreign nations, shall not be construed to include the power to regulate or prohibit any activity that is confined within a single state regardless of its effects outside the state, whether it employs instrumentalities therefrom, or whether its regulation or prohibition is part of a comprehensive regulatory scheme; but Congress shall have power to regulate harmful emissions between one state and another, and to define and provide for punishment of offenses constituting acts of war or violent insurrection against the United States.
Article [of Amendment 3] -- [Unfunded Mandates and Conditions on Spending]
Congress shall not impose upon a State, or political subdivision thereof, any obligation or duty to make expenditures unless such expenditures shall be fully reimbursed by the United States; nor shall Congress place any condition on the expenditure or receipt of appropriated funds requiring a State, or political subdivision thereof, to enact a law or regulation restricting the liberties of its citizens.
Article [of Amendment 4] -- [No Abuse of the Treaty Power] No treaty or other international agreement may enlarge the legislative power of Congress granted by this Constitution, nor govern except by legislation any activity that is confined within the United States.
Article [of Amendment 5] -- [Freedom of Political Speech and Press]
The freedom of speech and press includes any contribution to political campaigns or to candidates for public office; and shall be construed to extend equally to any medium of communication however scarce.
Article [of Amendment 6] -- [Power of States to Check Federal Power]
Upon the identically worded resolutions of the legislatures of three quarters of the states, any law or regulation of the United States, identified with specificity, is thereby rescinded.
Article [of Amendment 7] -- [Term Limits for Congress]
No person who has served as a Senator for more than nine years, or as a Representative for more than eleven years, shall be eligible for election or appointment to the Senate or the House of Representatives respectively, excluding any time served prior to the enactment of this Article.
Article [of Amendment 8] -- [Balanced Budget Line Item Veto]
Section 1. The budget of the United States shall be deemed unbalanced whenever the total amount of the public debt of the United States at the close of any fiscal year is greater than the total amount of such debt at the close of the preceding fiscal year.
Section 2. Whenever the budget of the United States is unbalanced, the President may, during the next annual session of Congress, separately approve, reduce or disapprove any monetary amounts in any legislation that appropriates or authorizes the appropriation of any money drawn from the Treasury, other than money for the operation of the Congress and judiciary of the United States.
Section 3. Any legislation that the President approves with changes pursuant to the second section of this Article shall become law as modified. The President shall return with objections those portions of the legislation containing reduced or disapproved monetary amounts to the House where such legislation originated, which may then, in the manner prescribed in the seventh section of the first Article of this Constitution, separately reconsider each reduced or disapproved monetary amount.
Section 4. The Congress shall have power to implement this Article by appropriate legislation; and this Article shall take effect on the first day of the next annual session of Congress following its ratification.
Article [of Amendment 9] -- [The Rights Retained by the People] Section 1. All persons are equally free and independent, and have certain natural, inherent and unalienable rights which they retain when forming any government, amongst which are the enjoying, defending and preserving of their life and liberty, acquiring, possessing and protecting real and personal property, making binding contracts of their choosing, and pursuing their happiness and safety.
Section 2. The due process of law shall be construed to provide the opportunity to introduce evidence or otherwise show that a law, regulation or order is an infringement of such rights of any citizen or legal resident of the United States, and the party defending the challenged law, regulation, or order shall have the burden of establishing the basis in law and fact of its conformity with this Constitution.
Article [of Amendment 10] -- [Neither Foreign Law nor American Judges May Alter the Meaning of Constitution]
The words and phrases of this Constitution shall be interpreted according to their meaning at the time of their enactment, which meaning shall remain the same until changed pursuant to Article V; nor shall such meaning be altered by reference to the law of nations or the laws of other nations.
Click here for an explanation of each Amendment

Professor Randy Barnett, Georgetown University Law School
For the Whereases and preamble dicta, go to Forbes

 

03/2010

Too Hard to Regulate

If Congress is unable to precisely define the terms and conditions to which some proposed regulation applies, it shall make no law to delegate authority to decide to bureaucrats. The bureaucracy will inevitably make decisions which are arbitrary or influenced by political considerations or money under the table.

Peter Namtvedt

 

02/2010

Congress shall make no law establishing a particular economy; rather, it shall leave the economy alone, only subject to the same laws against the use of force and fraud applicable to individual persons. However, in order to enable individuals or groups of individuals to sue corporations or other forms of business for wrong-doing, Congress may enact such laws as may be required to permit the sale of the right of claim by such who are done wrong to any other party who may have resources to mount an effective legal suit against the business alleged to have committed the wrong.

Peter Namtvedt

 

01/2010

The Composition of Congress Amendment

The constitution of the United States is hereby amended to give greater assurance that the government of the United States will maintain as its purpose the defense of individual rights, and that to achieve that, the composition of congress needs to be changed in the terms of office, in order that the focus of legislative persons no longer be just on the short term, but rather that they remain responsible long enough to see the unintended results of laws that go against economic principles or against the constitution.

Section 1

All candidates for the Senate shall have a college degree with a major in finance or economics and shall keep up knowledge in both finance and economics by taking advanced courses every five years.

Section 2

All candidates for the House of Representatives shall have a college degree with a major in finance or economics or political science, and shall keep up knowledge in economics by taking courses in that subject every five years.

Section 3

No senator or representative or any member of their office staff is permitted any contact by lobbyists or private citizen representing more than him or herself.

Section 4

It shall henceforth be unlawful for individuals or groups to lobby or to induce members of congress by any favors, future or present, in money or in kind, to sponsor a bill or vote for any bill that favors any group of the electorate, corporation or unit of government, including funding for projects or tariffs or regulation that benefits one segment rather than the general welfare.

Section 5

A new body of congress is hereby established whose purpose is review of existing law with the full power to repeal and abolish any act which contradicts any clause of the constitution. Repeal or abolition shall be determined by a majority of this House of Repeals. Each state shall elect one Repealer who will serve ten years. Eligibility for this office shall be the same as that of the House of Representatives.

Section 6 Any decision by the supreme court can be overturned by a three fourths majority of the congress.

Section 7

A new officer of the people, the Ombudsman for Constitutional Law, shall challenge any act of congress that he or she deems lacking in constitutional authority or contradicting the constitution or which may be in violation of any individual rights, which cannot be enumerated.

Section 8

The supreme court shall not maintain any presumption of constitutionality in favor of any act of congress.

Peter Namtvedt, 12/12/2009

 

12/2009

Composition of Congress Amendment

The constitution of the United States is hereby amended to give greater assurance that the government of the United States will maintain as its purpose the defense of individual rights, and that to achieve that, the composition of congress needs to be changed in the terms of office, in order that the focus of legislative persons no longer be just on the short term, but rather that they remain responsible long enough to see the unintended results of laws that go against economic principles or against the constitution.

Section 1

The term of every senator age 35 and above shall be 20 years, recallable by election if a petition or vote by 30 percent of the residents of legal voting age of their state so indicate. All candidates for the Senate shall have a college degree with a major in finance or economics and shall keep up knowledge in both finance and economics by taking advanced courses every five years.

Section 2

The term of every representative age 30 and above shall be 20 years, recallable by election if a petition or vote in a special election callable by 10 percent of the state's voters, by 30 percent of the residents of legal voting age of their state so indicate. All candidates for the House of Representatives shall have a college degree with a major in finance or economics or political science, and shall keep up knowledge in economics by taking courses in that subject every five years.

Section 3

No senator or representative or any member of their office staff is permitted any contact by lobbyists or private citizen representing more than him or herself.

Section 4

No member of any congressperson's staff may become a lobbyist or consultant to industry or other special interest group regarding government favors or regulations within 10 years of leaving congressional employ.

Section 5

A new body of congress is hereby established whose purpose is review of existing law with the full power to repeal and abolish any act which contradicts any clause of the constitution. Repeal or abolition shall be determined by a majority of this House of Repeals. Each state shall elect one Repealer who will serve ten years. Eligibility for this office shall be the same as that of the House of Representatives.

Section 6 Any decision by the supreme court can be overturned by a three fourths majority of the congress.

Section 7

A new officer of the people, the Ombudsman for Constitutional Law, shall challenge any act of congress that he or she deems lacking in constitutional authority or contradicting the constitution or which may be in violation of any individual rights, which cannot be enumerated.

Section 8

The supreme court shall not maintain any presumption of constitutionality in favor of any act of congress.

Peter Namtvedt, 12/12/2009

 

11/2009

Supreme Law of the Land

Congress shall approve no treaty which contradicts this constitution or any existing federal law.

Peter Namtvedt


 

11/2009

Making Government Work

1. Require that every United States Senator and Member of the House of Representatives take an oath under penalty of perjury that s/he will not vote on any legislation that s/he has not read in full and understands the effects thereof, and be required to swear under oath what section of the Constitution of the United States authorizes Congress to enact such legislation. Require federal judges to conduct random surprise testing of all senators and representatives before selected votes, and a score of 80% correct in order to be present for a quorum. A score lower than 40% on three such tests is automatic expulsion from Congress.

2. Enact a twenty-year sunset for all currently existing federal departments, agencies, bureaus, military bases on foreign soil, taxes, tariffs, foreign treaties and federal regulations, and thereafter every federal department, agency, bureau, military base on foreign soil, tax, tariff, foreign treaty, and regulation shall automatically sunset every ten years.

3. Outlaw any privately owned entity or corporation from usurping a power granted by the Constitution of the United States to Congress or the President.

4. Require that every ten years the approval of a majority of state legislatures shall be required to renew the continuation of every federal department, military base on foreign soil, federal tax, and foreign treaty.

5. The attorney general of any state, as authorized by the state's governor, legislature, or popular referendum, may sue the federal government to nullify any Act of Congress, federal regulation, or executive power, that violates any section of the Constitution of the United States, and such lawsuit shall be given an immediate hearing by the Supreme Court of the United States.

J. Neil Schulman, writer, http://jneilschulman.rationalreview.com/2009/11/five-modest-nonpartisan-suggestions-for-making-american-government-work/ November 4, 2009

 

10/2009

Separation of State and Economy

Congress shall make no law abridging the freedom of production and trade.

Ayn Rand, Atlas Shrugged(last page)

 

09/2009

Separation of State and Medicine

Congress shall make no law establishing any system of health care or medicine.

L. Neil Smith August

 

08/2009

Separation of State and Medicine

Congress shall make no law establishing any system of health care or medicine.

L. Neil Smith August 12, 2009.


 

08/2009

Permit greater competition amendment

No State shall make licensing laws or laws prescribing how a company shall carry out its business through valid contracts which respect citizen rights as they are in any of the several States, since states officials are subjects of 'rent-seeking' by special interests to protect their turf. This shall apply to the treatment of all businesses whether food providers, clothing, housing, life insurance or health care insurance, or any company providing consumer services and products.

Peter Namtvedt

 

07/2009

Interpretation Amendment

Section 1
Interpretation of the constitution shall begin with the purpose of government, that of securing the individual's rights to life, liberty and property (the means to the pursuit of happiness), and that these rights are not privileges granted by the government, but rights with which all individuals are born.

Section 2
These individual rights are not fully defined in this constitution, for it is impossible to list them all.

Section 3
The powers of the government are exhaustively defined in this constitution, and none are to be identified as "implied" or as new or modified powers because of a "compelling need" of the government. Of all interests, the interests of individuals must be deemed as the most compelling.

Section 4
All acts presented for passage into law before Congress shall be examined based on the presumption of liberty. Just as in a criminal trial the accused is presumed innocent and must be proven guilty, in the legislative process, the presumption must be that any proposed law is not needed until proof is presented. While no crime is in question in the latter process, nor punishment, any of the innumerable individual rights may be at stake. The proposed act, if enacted, may impinge on, constrain, limit, infringe on, abridge or deny individuals' rights to life, liberty and property.

Section 5
Such process to ensure the presumption of liberty must place the burden of proof on the government, to establish that the interest at stake is individual rights, and that any act proposed secures such rights without impairing the rights of others.

Peter Namtvedt

 

06/2009

The Rights Retained by the People

Section 1. All persons are equally free and independent, and have certain natural, inherent and unalienable rights which they retain when forming any government, amongst which are the enjoying, defending and preserving of their life and liberty, acquiring, possessing and protecting real and personal property, making binding contracts of their choosing, and pursuing their happiness and safety.

Section 2. The due process of law shall be construed to provide the opportunity to introduce evidence or otherwise show that a law, regulation or order is an infringement of such rights of any citizen or legal resident of the United States, and the party defending the challenged law, regulation, or order shall have the burden of establishing the basis in law and fact of its conformity with this Constitution.

Professor Randy Barnett of Georgetown University Law School
A piece of FederalismAmendment.com

 

05/2009

Federalism Amendment

Section 1: Congress shall have power to regulate or prohibit any activity between one state and another, or with foreign nations, provided that no regulation or prohibition shall infringe any enumerated or unenumerated right, privilege or immunity recognized by this Constitution.

Section 2: Nothing in this article, or the eighth section of article I, shall be construed to authorize Congress to regulate or prohibit any activity that takes place wholly within a single state, regardless of its effects outside the state or whether it employs instrumentalities therefrom; but Congress may define and punish offenses constituting acts of war or violent insurrection against the United States.

Section 3: The power of Congress to appropriate any funds shall be limited to carrying into execution the powers enumerated by this Constitution and vested in the government of the United States, or in any department or officer thereof; or to satisfy any current obligation of the United States to any person living at the time of the ratification of this article.

Section 4: The 16th article of amendment to the Constitution of the United States is hereby repealed, effective five years from the date of the ratification of this article.

Section 5: The judicial power of the United States to enforce this article includes but is not limited to the power to nullify any prohibition or unreasonable regulation of a rightful exercise of liberty. The words of this article, and any other provision of this Constitution, shall be interpreted according to their public meaning at the time of their enactment.

RANDY E. BARNETT in the Wall Street Journal

 

04/2009

Separation of State and Economy

Congress shall make no law abridging the freedom of production and trade.

Ayn Rand, Atlas Shrugged(last page)

 

03/2009

Regulatory Takings Amendment

Section 1:
Since the right of private property centrally includes authority of the owner to determine the use of the goods, land, or other assets possessed, all federal regulations shall be understood by the courts as partial federal takings of the property regulated, compensible under the 5th amendment to the full consequent loss in value of such property.

Section 2:
Compensation to the property owners is to be paid by the agencies issuing the regulations from their own congressionally budget funds.

Section 3:
Congress shall not legislate any exceptions whatsoever for small takings, nor shall the courts allow any such exceptions.

Section 4:
No federal regulatory proposal issued by an executive branch agency shall have any legally binding effect on the parties to be regulated except after a rollřcall ratification vote achieving at least a simple majority in each house of congress and signature of the President of the United States. Presidential veto of such a regulatory ratification bill may be overridden by the normal procedure.

Section 5:
Separate regulatory proposals from a given executive branch agency must be ratified by congress in separate bills. Nor may congress bundle regulatory proposals from different agencies into a single ratification bill.

Section 6:
Failure by any member of the Federal judiciary to enforce to the letter sections 1 and 3 above shall be grounds for impeachment.

Submitted by James Rolph Edwards
Professor of Economics
Montana State University-Northern, February 2009 [Inspired by Richard Epstein, Takings: Private Property and the Power of Eminent Domain (Harvard University Press, 1985)]


 

02/2009

Regulatory Takings Amendment

Section 1:
Since the right of private property centrally includes authority of the owner to determine the use of the goods, land, or other assets possessed, all federal regulations shall be understood by the courts as partial federal takings of the property regulated, compensible under the 5th amendment to the full consequent loss in value of such property.

Section 2:
Compensation to the property owners is to be paid by the agencies issuing the regulations from their own congressionally budget funds.

Section 3:
Congress shall not legislate any exceptions whatsoever for small takings, nor shall the courts allow any such exceptions.

Section 4:
No federal regulatory proposal issued by an executive branch agency shall have any legally binding effect on the parties to be regulated except after a rollřcall ratification vote achieving at least a simple majority in each house of congress and signature of the President of the United States. Presidential veto of such a regulatory ratification bill may be overridden by the normal procedure.

Section 5:
Separate regulatory proposals from a given executive branch agency must be ratified by congress in separate bills. Nor may congress bundle regulatory proposals from different agencies into a single ratification bill.

Section 6:
Failure by any member of the Federal judiciary to enforce to the letter sections 1 and 3 above shall be grounds for impeachment.

Submitted by James Rolph Edwards
Professor of Economics
Montana State University-Northern, February 2009 [Inspired by Richard Epstein, Takings: Private Property and the Power of Eminent Domain (Harvard University Press, 1985)]


 

02/2009

Definitions Amendment

Section 1
The purpose of government as stated in the Preamble is binding. No action of the United States government shall be aimed at any other end than "to establish Justice, insure domestic Tranquility, provide for the common Defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity."

Section 2
"Justice" has the meaning of individual rights, where an individual has the right to do with his person and property whatever he wills as long as it imposes no coercion on others.

"General Welfare" has the public meaning of measures or action by government that makes the structure of federal government work better for everyone, not special welfare or any action that satisfies a special interest or locality.

"Commerce among the several States" has the public meaning of trade involving transporting for trade between states, not activity within a state.

"Laws which shall be Necessary and Proper" has the public meaning of laws being aimed at the "foregoing Powers" of paragraphs one through seventeen of Article I, section 8, and required rather than convenient to accomplish the legitimate end.

 

01/2009

College of Rescinding

Section 1
The third part of Congress shall be the College of Rescinding, made up of one Rescinder per state.

Section 2
Any existing law shall be repealed and annulled by majority vote.

Section 3
Such repeals require the signature of the President of the United States. The same procedure for over-riding a presidential veto of a new law shall apply to repeals.

Peter Namtvedt

 

12/2008

Anti-moral Hazard Amendment

Congress shall make no law that creates moral hazard.

Section 1.
Congress shall make no law that uses tax funding or borrowed funding or equalized fee collection to back up risky lending by banks or savings and loand associations, as this encourages lenders to take unnecessary risk.

Section 2.
Congress shall make no law to fund making anyone good for damage due to natural disasters, such as setting up homestead or buying property and adding improvements in areas prone to natural disaster, since this encourages individuals and businesses to purchase inexpensive land and have the cost of risk due to losses externalized.

Section 3.
Congress shall make no law transferring the cost of any risky undertaking to the general public which could incur higher taxation or inflationary borrowing, since moral hazard is created, which encourages externalizing private costs to other individuals.

Peter Namtvedt


 

12/2008

Congress shall make no law to sell bonds or to borrow in any form, nor to make paper money without hard backing, nor to establish anything else as legal tender.

based on
"I wish it were possible to obtain a single amendment to our Constitution. I would be willing to depend on that alone for the reduction of the administration of our government; I mean an additional article taking from the Federal Government the power of borrowing. I now deny their power of making paper money or anything else a legal tender. I know that to pay all proper expenses within the year would, in case of war, be hard on us. But not so hard as ten wars instead of one. For wars could be reduced in that proportion; besides that the State governments would be free to lend their credit in borrowing quotas."
--Thomas Jefferson to John Taylor, 1798.

 

11/2008

Monetary Reform

Section 1
The medium of exchange being a private contractual matter, congress shall make no law establishing money

Section 2
Congress shall make no law regulating the quantity of money, neither gold, silver or any other material or electronic exchange thereof, being used as money.

Peter Namtvedt

 

10/2008

Government Office Requirements

No official of government, whether elected or appointed, shall be permitted, unless her or his education includes Economics 101.

 

10/2008

It shall be a federal felony if anyone violates any clause of the highest law of the land, the U.S. Constitution, whether the person is an individual citizen, government employee, appointed or elected to government office.

Peter Namtvedt

 

10/2008

Separation of Government from the Market and Culture

Section 1
Congress shall make no law affecting production or trade.

Section 2
Congress shall make no law affecting the independence of objectivity of any scientific endavour, or leading to undue influence of government on science or of science on government.

Section 3
Congress shall make no law affecting the independence of religion, or leading to undue influence of government on religion or of religion on government.

Peter Namtvedt

 

09/2008

It shall be a federal felony if anyone violates any clause of the highest law of the land, the U.S. Constitution, whether the person is an individual citizen, government employee, appointed or elected to government office.

Peter Namtvedt

 

09/2008

Congress shall make no law that abridges the rights of any individuals to favor the rights of other individuals, or that raises some rights, such as civil rights, above other rights, such as the right to private property and all other rights in production and trade.

Peter Namtvedt

 

08/2008

Protection the foundation of all basic rights

The mind of a human being his basic tool of survival and flourishing and therefore requiring freedom to think and act according to his rational judgment, neither congress nor any state or territory of the United States shall make any law restricting the sharing of knowledge or division of labor or production or trade, nor restricting actions taken by any person with that in which she or he has property, providing all other persons have the same rights.

Suggested by Ayn Rand, "The Nature of Government" in Capitalism, the Unknown Ideal.

 

07/2008

Police Seizures of Property

Section 1.

Congress shall make no law that authorizes any agents of justice to seize the property of persons accused of wrong doing unless said property is deemed to be evidence regarding the wrong doing.

Section 2.

In all cases the property deemed evidence shall be returned to the owner or personal representative at the conclusion of the court trial or upon dismissal of charges.

Peter Namtvedt

 

06/2008

Limiting Military Powers Amendment

SECTION I: It is forbidden under any circumstances for any American military or police force to deny — or to be ordered to deny — any American the free exercise of any right protected by the first ten Amendments to the United States Constitution.

SECTION II: In the absence of a formal declaration of war, it is likewise forbidden for any American military or police force to deny — or be ordered to deny — foreign nationals in their own territories the free exercise of any right protected by the first ten Amendments to the United States Constitution.

SECTION III: No claim of emergency, not the age or condition of any person, is sufficient grounds for violating or evading the provisions or intentions of this Amendment.

SECTION IV: Any elected or appointed official at any level of government who violates or evades the provisions or intentions of this Amendment is subject to imprisonment and fine for each violation; should a death occur as a result of said violation, the official in question shall be subject to the death penalty.

L. Neil Smith, in his book, "Lever Action" page 133


 

06/2008

Legislative Cleansing

Section 1.
Congress shall make no new law without repealing at least two existing laws, starting with the most intrusive on the livelihoods of citizens and small business.

Section 2. Congress shall make no law without a) establishing by in depth investigation that the new law protects the natural rights of citizens and b) that the proposed law does not deprive other citizens of their natural rights.

Peter Namtvedt, inspired by Randy Barnett.

 

05/2008

The Sunset Amendment

Section 1: No federal department, agency, or bureau may henceforth be established by law except with an automatic termination date not to exceed twenty years from the time of such establishment. Continuance of such a department, agency or bureau for another twenty year maximum term shall require a two-thirds vote of all members of both houses of congress, held in the year of its termination, and signature of the authorizing law by the President of the United States. Override of a Presidential veto of such an authorizing law shall require a vote of three-fourths of the members of both houses of congress.

Section 2: All federal departments (such as the Department of Education, the Department of Housing and Urban Development, et al.), agencies, and/or bureaus currently in existence which have been established by law since the establishment of the seven original cabinet departments shall, within six months of the adoption of this amendment, be randomly assigned an automatic termination date between five and twenty years from that time. Continuance of such department, bureau or agency shall have the same requirements specified in section 1.

Section 3: Upon termination of a department, bureau, or agency, its assets are to be sold by auction to private parties, and the revenue from those sales, minus the cost of selling the assets, shall be rebated to taxpayers in proportion to their individual taxes paid in the previous year. In the following year federal taxes and the budget are to be reduced by an amount equal to the budget of that department, bureau or agency in the last year of its operation.

Section 4: No original cabinet department shall establish a bureau or agency within itself designed to perform any function outside the legal function and powers granted to that cabinet department in its original congressional authorization, nor may congress expand the powers of such cabinet agencies beyond their original legal authorization.

James Rolph Edwards, Professor of Economics, Montana State University-Northern


 

05/2008

Congress, or any other branch of government shall not borrow or lend money or gold for money, this includes purchasing on credit. To request a further amendment beyond this to replace this Amendment or alter it in anyway is Treason, history having shown that borrowing money or creating money with nothing backing but debt it has crashed the economy of countless nations and societies and led to corruption and the breaking down of the political systems of the past.

Michael de Amon

The management of this website does not support this proposed amendment because of the treason clause. Such a limitation would be disregarded if passed, and would likely be omitted if voting ever should take place on such a proposal.


 

05/2008

Banks and Money

Section 1.
Congress shall make no law regarding the establishment of banks.

Section 2.
Congress shall make no law regarding the amount of gold that any arbitrary denomination shall be, or preventing the use of given weight and metal name as the name of the coin.

Section 3.
Congress shall make no law regarding what shall be legal tender.

Peter Namtvedt, inspired by an article by Edwin Vieira, Jr. at Gata.

 

04/2008

Real Crimes Amendment

Section 1.
No federal, state or local agents may entice, incite or provide incentives to anyone to commit a crime.

Section 2.
It cannot be a crime to merely think about committing a crime or consult, converse or conspire with anyone to do so. Conspiracy to commit a crime shall not be a substitute or additional criminal charge.

Section 3.
No act, regardless of how heinous it may be according to some people's moral sentiments, that causes no physical harm to others, shall be considered a crime.

Section 4.
No person, including agents of a government may commit a crime in order to enforce a law.

Section 5.
The right to due process under the law applies at all times to any encounter of officers of the law and a citizen, including from the time of arrest, not only when a trial begins.

Peter Namtvedt

 

03/2008

The Power of Secession

Section 1

The sovereignty of the several states not being ceded to the United States government and the absence of constitutional power for the United States to use force to maintain the union, the right of a state to secede shall not be infringed.

Section 2

A state may secede from the United States by a vote of three quarters of the people or three quarters of its legislature.

Peter Namtvedt

 

02/2008

Keep and Bear Arms

Section 1

Tyrannical government being a perpetual possibility and self defense being a constant obligation, the pre-existent right to keep and bear arms shall not be abridged.

Section 2

A citizen's right to keep and bear arms may be regulated to such arms as a foot soldier bears, but not as pertains to time, place or circumstance.

Peter Namtvedt

 

02/2008

The Liberty Amendment

SECTION 1. The Government of the United States shall not engage in any business, professional, commercial, financial, or industrial enterprise except as specified in the Constitution.

SECTION 2. The constitution or laws of any State, or the laws of the United States, shall not be subject to the terms of any foreign or domestic agreement which would abrogate this amendment.

SECTION 3. The activities of the United States Government which violate the intent and purposes of this amendment shall, within a period of three years from the date of the ratification of this amendment, be liquidated and the properties and facilities affected shall be sold.

SECTION 4. Three years after the ratification of this amendment the sixteenth article of amendments to the Constitution of the United States shall stand repealed and thereafter Congress shall not levy taxes on personal incomes, estates, and/or gifts.

Ron Paul

 

01/2008

Congress shall make no law that violates, infringes on or abridges anyone's life, liberty, or property, including enumerated and unenumerated rights.

A process must be followed duly that must find that no potential right is harmed before an act can be considered law.

Suggested by Randy E Barnett in his The Structure of Liberty: Justice and the Rule of Law.

 

12/2007

Change the makeup of Congress

Congress shall be a two-house body. One house of legislators, another house of repealers. The legislators shall pass laws only with a two-thirds majority. The repealers are able to cancel any law through a mere one-third minority. If a bill is so poor that it cannot command two-thirds of your consents, it is likely that it would make a poor law. And if a law is disliked by as many as one-third it is likely that you would be better off without it.

Based on Robert Heinlein, The Moon is a Harsh Mistress

 

11/2007

Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. The failure to comply with this section shall give rise to a point of order in either House of Congress. The availability of this point of order does not affect any other available relief

Rep. John Shadegg, Arizona Republican, in a Washigton Post story by Walter E. Williams, October 24, 2007

 

11/2007

Principles of legality

Laws should be general, i.e., such as to apply to many individual cases; cases cannot be decided ad hoc, one by one.

They should be promulgated, that citizens might know the standards to which they are being held.

There should be no retroactive rule-making and application.

Laws should be understandable.

They should not be contradictory.

Laws should not require conduct beyond the abilities of those affected.

They should remain relatively constant through time.

There should be a congruence between the laws as announced and their actual administration.

Lon Fuller, in The Morality of Law

 

10/2007

Terms for Justices and Judges

Section 1.
United States Supreme Court Justices, District Court or Court of Appeals Judges shall be appointed for a term of six years.

Section 2.
Any such Justice or Judge of said Federal Government may be re-appointed one term of six years after their first term of service.

Section 3.
All of these Justices and Judges shall fall into three classes, with the first to require re-appointment immediately are the one third in number who have served the longest, and the second class being the one third who have thereafter served the longest who require reappointment three years later, and the third class being the remainder requiring reappointment six years later.

Peter Namtvedt

 

10/2007

[N]o American soldier, Sailor[, Airman] or Marine [shall] be used for any purpose except to protect the coastline of the United States, and protect his home, not an oil well in Iraq, a British investment in China, a sugar plantation in Cuba, a silver mine in Mexico, a glass factory in Japan, an American-owned share of stock in any European factory — in short, not an American investment anywhere except at home.

General Smedley Butler, in a speech to the House of Representatives, 1934

 

09/2007

Limited Powers of War

Section 1.
Congress shall not authorize the use of military force for any purpose unless it is in the form of an explicit declaration of war.
Section 2.
The executive branch shall not engage in any military action except in the case of attack on or invasion of the United States or its possessions.
Section 3.
Immediate military response to an attack or invasion shall be limited to twenty days.
Section 4.
In the event of military action in response to attack or invasion, the President is to seek before Congress a declaration of war. If Congress does not concur with the military response, the troops shall be withdrawn within sixty days.

 

08/2007

Congress shall enact no law that does not apply equally to all Americans.
[Equal treatment would require Congress to figure out the cost of the constitutionally authorized functions of the federal government, divide it by the adult population and send us each a bill for our share. - Walter Williams]

Friedrich Hayek, quoted by Walter Williams who asked Hayek if he could propose one law that would restore, promote and preserve liberty in our country, what that law would be.

 

07/2007

What if the Declaration of Independence had some small changes?

It said "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. . ."

What if it had said "deriving their just powers from the unanimous consent of the governed"?

Suggested by L. Neil Smith, in the novel The Probability Broach

 

07/2007

Non-delegation

Congress shall make no law that delegates any of its powers to an agency within or independent of the executive branch; all laws created for the purpose of making regular (regulating) any legal activities within the United States shall be specific rules for uniformity's sake and never prohibit these activities. No United States agency other than Congress and the several states' legislatures shall have legislative powers.

Peter Namtvedt

 

06/2007

Individual citizens have the right to have firearms for personal protection, and to protect us form the government or from an invasion. Any weapon commonly carried by soldiers shall be included.

T. Costigan

 

04/2007

Government shall have no authority whatsoever over the freedom of production, transportation, communication, and trade.

David King A Guide to the Philosophy of Objectivism

 

02/2007

Congress shall have power to regulate harmful emissions having an interstate effect; but in making commerce regular between the states, Congress shall make no law restricting manufacture, agriculture or gainful activity that could potentially affect interstate trade or exchange.

Suggested by comments of Randy E. Barnett, in his book Restoring the Lost Constitution: the Presumption of Liberty

 

12/2006

No private property shall be taken for public use or for public purposes, such as businesses which might generate more taxes, regardless of how just or generous the compensation might be that is offered to the owner.

Peter Namtvedt

 

03/2007

Section 1
Congress shall follow the Presumption of Liberty in passing any act, ensuring that no individual or state right is violated, enumerated or unenumerated, as per Amendments IX and X.
Section 2
Court decisions shall interpret the United States constitution based on narrow reading of government powers and broad reading of individual and states rights, as per Amendments IX and X.
Section 3
Courts shall base decisions on the presumption of liberty and the common meaning to people at the time when the constitution or amendments to it were written, and shall not override the same by laying heavy weight on past court decisions or dicta, or common law precedents, some of which have been hastily decided, or contrary to principle, and inviting of further contradictions with the constitution, as binding, but only as guidance in sharpening ambiguities.

Peter Namtvedt

 

05/2007

The government is not a person but a service agency and shall not own buildings, land, vehicles for transport on land or water, or implements and tools, but shall lease them all from private individuals or associations, using competitive bidding.

Peter Namtvedt

 

04/2007

The services of government not needing to be monopolies, congress shall make no law that imposes a tax on income from any source, or on the purchase, use or sale of anything, but shall generate the revenues it needs by voluntary contributions and fees for services.

Peter Namtvedt

 

01/2007

In regulating commerce congress shall make no law preventing commerce with foreign nations or among the several states, but only to make it regular, that is, to ensure that it is fair and not partial to any state.

Peter Namtvedt

 

12/2006

The purpose of justice being to determine whether a crime or wrong-doing has been committed, who is guilty of that crime and to undo the harm and making whole the person or household that is harmed by crime or wrong-doing, the right of the people to restitution shall not be infringed. The primary interest of all mediation services and criminal courts shall be the restoration of the victim of a crime rather than to generate revenue for bureaus.

Peter Namtvedt

 

11/2006

Congress shall make no law without first ensuring by due process that a proposed new law is based on the presumption of liberty rather than the presumption of constitutionality. Any new law may inadvertently extend the enumerated powers of government and diminish the rights of the people. Since any new law has the potential for infringing on liberties recognized to exist before the United States were formed or liberties recognized by the Constitution, therefore it is required to show by due process that no right is violated by presenting the government case and also the case of those who may be harmed.

Peter Namtvedt

 

10/2006

No branch of government shall make a law or decision establishing or maintaining a monopoly in any service or product, whether in the private or public sector.

Peter Namtvedt

 

10/2006

Congress shall make no law abridging the freedom of production and trade.

Ayn Rand, Atlas Shrugged(last page)

 

09/2006

Congress shall make no law abridging the freedom of production and trade.

Ayn Rand, Atlas Shrugged(last page)

 

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