Diary

Establish Federal Judicial Review Supreme Court

I propose a Constitutional Amendment to Establish Federal Judicial Review Supreme Court.

  • Rescind Cases and actual Controversy prerequisite
  • Justices must conform to Founding Father’s intention in Constitutional definitions
  • Justices must agree that the enumerated powers in Article I limit the powers of Congress to address any general clauses (ie: General Welfare clause is restrained by enumerated powers, not in addition to them)
  • Justices can use only Constitutional text, or any other writings of the signers of Declaration of Independence or Constitution. No other precedents are usable.
  • Any “novel idea” must be advocated by more than one Founder
  • No legal weight is to be given by implied authority
  • Any lower Federal or State Court that declares a law unconstitutional must have its decision affirmed or rejected by this Court
  • Courts, in the context of Judicial Review,  may only declare actions unconstitutional. They shall not direct other branches of Govt to do anything more than what is already enacted law.
  • Congress can override a declaration of Unconstitutionality by passage of specific act with 2/3 Votes in both Chambers and Signature of the President, whose veto (either deliberate or pocket) cannot be overturned

I have other Government reform suggestions here

http://www.redstate.com/vincep1974/2009/08/19/much-needed-government-reforms-ideas/