This is the second of the several amendments to our Constitution I’m hoping Santa will magically bring me in order to restore limits to our national government  so that when I tell my kids with a straight face that two of the principles of our Constitution are limited government and federalism. Again, I won’t be holding my breath on this. We are all entitled to a bit of fantasy now and then so here’s one of mine.

This amendment provides judicial accountability by explicitly establishing  that a state has the power to nullify judicial decisions affecting it, but with the caveat that the this nullification can be overridden if the other two branches of the national government affirm the court’s ruling within 90 days.

As an afterthought I added a section to allow three-fourths of the States to collectively nullify judicial decisions and Acts of Congress.

Proposal #2 – Restraining the National Judiciary and the Congress

Section 1. Any Decision of a Court of the United States about a Dispute arising out of a particular State (or the Effects of that Decision upon that State) shall be null and void and shall have no force of Law within that State or bearing on the Affairs of that State whatsoever, whenever the Legislature of that State approves a Resolution to that Effect, and within 90 Days of the public Pronouncement of this Approval, three-fifths of each House of the Congress and the President fail to approve a Resolution to affirm the forementioned judicial Decision; and the Judges in that State and the Judges of the United States shall be bound to this Precedent in all similar Cases that arise out of that State, until the Legislature of that State repeals the Resolution against the aforementioned judicial Decision.

Section 2. Any Decision of a Court of the United States or Law of the Congress shall be null and void and the Judges of the United States and the several States shall be bound to this, whenever two-thirds of the Legislatures of the several States each approve a Resolution to nullify said Decision or Law.