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Amending the Constitution: A Proposal

AP Photo/Ted S. Warren

Let’s talk about the Constitution.

Gavin Newsom, California’s Governor and walking advertisement for men’s hair care products, recently proposed a 28th Amendment to effectively nullify the Second Amendment. Now, he’s not going to ever see that ratified, not in a country with 27 no-permit CCW states, but as it happens, he got me thinking about the Constitution, and what I’d do if I was given a free hand to make some changes.

To that end, I’d like to propose a few amendments to the Constitution, to hopefully help to unscrew the Charlie Foxtrot the Federal government has become. Bear in mind that I have absolutely no illusion that these will ever come to fruition; this is purely a pie-in-the-sky wish list of things I would implement were I granted my druthers.

So, without further ado, here they are. You’ll note that I’m not presenting these in legalese but in plain English; I’m a big fan of being concise and to the point.

Amendment 28 – Term and Service Limits

Text

The President is limited to one six-year term. Senators are limited to one six-year term. Representatives are limited to three, two-year terms. Following the allowed terms, all such persons are forever prohibited from holding elected, appointed, or hired office at the Federal level, nor shall any such persons receive any benefits or pensions once leaving office, except in the event of a service-connected permanent injury or disability.

Purpose:

No more ‘political class,’ obviously. No more lifetime pols suckling at the taxpayer-funded governmental teat for life. A true citizen legislature: you spend some time in office, then go back and live in the mess you made. No more growing monstrously rich on the Biden Graft Plan.

Amendment 29 – Qualification of Voters

Text

The franchise is limited to those citizens of the United States who have attained the age of 18 on the day of the election, who possess a government-issued photo ID and present the ID at the polling station, and who have filed a tax return on the year previous to the election showing a net payment of taxes at the Federal level. Retirees must show a net payment of taxes in their last full year of employment. All votes shall be cast in person at a designated polling station. Ballot harvesting and mail-in voting, excepting requested absentee ballots, are prohibited.

Purpose:

No skin in the game? You don’t vote. Add a healthy dose of election integrity to that; the 29th Amendment wouldn’t make cheating impossible, but it would make it a lot harder. There’s probably a more appropriate way to handle retirees who have been productive but who are enjoying being employment-free; but I’m having a hard time parsing the language. That would have to be a part of Amendment 29, though.

Amendment 30 – Constitutional Tribunal

Text

A fourth branch of government is established, the Constitutional Tribunal, consisting of three Tribunes from each State: One elected by the eligible voters of the State, one appointed by the State legislature, and one selected at random from the rolls of eligible voters. The purpose of the Tribunal is to determine the Constitutionality of all new laws and regulations, as defined in Amendment 31.

Purpose:

In our current system, career pols freely pass laws that cannot and should not pass Constitutional muster. Unfortunately, someone with “standing” has to challenge those laws to get them tossed out, and the people who passed those laws face no consequences. So let’s have a new branch of government that does nothing else but determine the Constitutionality of new laws and regulations, and let’s have the selection of the members be split among various groups with differing priorities. This leads us to…

AP/Reuters Feed Library

Amendment 31 – Constitutional Challenge of Laws/Regulations

Text

All new laws and regulations from any source at the Federal level are considered to be potentially unconstitutional and shall not take effect until approved by a two-thirds vote of the Constitutional Tribunal. In the event of a law or regulation being determined to be prohibited by the Constitution, any elected officials who authored, sponsored, or co-sponsored the legislation, or any appointed or hired officials who authored the regulation in whole or in part, shall be immediately removed from office and henceforth prohibited from any elected, appointed, or hired office at the Federal level.

Purpose:

As noted above: Consequences. Pass a law or write a regulation that you haven’t absolutely determined is in concord with the Constitution? No soup for you! You are out on your butt and proscribed from ever holding such a position of authority again. I did not include, but am willing to consider including, any President who knowingly signs an unconstitutional bill into law.

Note that none of these proposed amendments can be or should be done by statute. These things will fundamentally change the nation, which means changing the Constitution. That’s difficult by design, and it’s good that this is so. But that shouldn’t stop one from kicking around the idea; a man’s reach, after all, should exceed his grasp.

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