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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