State and US Statutes



In each topic of this proposal there are stand-alone bills or court cases that will facilitate change. 


Because of the existing damage to caselaw, however, the courts may reject some of these until the amendment is passed and ratified.   


Some things just can’t be done at the state level.


CAMPAIGN FINANCE

US Only:
The Campaign Funding Act

Part 1.

"To bring the United States into compliance with: Amendment I’s Freedom of Speech clause, Article I, section 2’s Chosen by the People clause, Amendment XII’s Vote by Ballot clause, Amendment XVII’s Two Senators clause, Article I, section 2’s Apportionment clause, Amendment XIV’s Apportionment clause, Article IV, section 2’s Equal Privileges and Immunities clause, Amendment XIV’s Equal Privileges and Immunities and Equal Protection under the Laws clauses, and Article IV, section 4’s Republican Form of Government clause, no private money will be used for United States campaigns."

Part 2.

"To fund and certify United States campaigns, Congress will appropriate between one hundredth's-part and five hundredths'-parts of one percent of gross domestic product."

Part 3.

"In public view, Congress will first allocate in a uniform amount to each candidate registered with the Federal Election Commission but when repeating allocations will consider time, place and manner of speech, including repetition. Such allocations will fund all candidate speech and all non-volunteer candidate support and opposition, including signature drive, and these included in other promotion."

Part 4.

"Unspent campaign funds after the election will be returned to Congress and to the budget."

Part 5.

"No tax, credit or obligation will be affected for providing campaign speech or for volunteering.”

The electoral clauses all express that the voters (including the Electoral College voters) will choose our officers, and the representation clauses express that representation is equal (see the Balancing Powers in Congress Act). Choosing our form of governance is an inalienable right. Inalienable rights must be protected equally under the law. Amendment I expresses that Congress may not abridge freedom of speech. Taken together, they require that all Americans have equal speech rights in campaigns. Because the provision of most campaign speech is paid, private campaign funding makes political speech unequal.

See Public Campaign Funding.


ELECTIONS


US/State:
The Fair Elections Act

US version:

"To bring this state's United States primary and general elections into compliance with the Constitution of the United States, each State will conduct fairly contested and impartially conducted elections. No private person, organization or entity will govern the holding, tallying, monitoring, or auditing of elections.”

State version:

“To bring this state's United States primary and general elections into compliance with the Constitution of the United States, this state will conduct fairly contested and impartially conducted elections. No private person, organization or entity will govern the holding, tallying, monitoring, or auditing of elections.”

See the section The Fair Elections Clause

 

US/State
The Impartial Elections Act

US version: 

“To bring United States primary and general elections into compliance with the Constitution of the United States, they will be held impartially by states, will be open to all voters, will equally accommodate all candidates including independent and write-in candidates, and in no statute, rule or practice will discriminate on the basis of interest or membership in an interest group, coalition, or political party.”

State version:

“To bring this state's United States primary and general elections into compliance with the Constitution of the United States, they will be held impartially by this state, will be open to all voters, will equally accommodate all candidates including independent and write-in candidates, and in no statute, rule or practice will discriminate on the basis of interest or membership in an interest group, coalition, or political party.”

See the section End Two-Party Elections

The above bills enact things expressed or implied in the Constitution. The following bills change electoral practice. Limiting length of campaign periods will save the public money and keep officers focused on their jobs. Adding an option to abstain will increase voter turnout.


US/State
The Duration of Campaigns Act

US version:

“The United States will guarantee to every State campaign periods commencing no sooner than nine months before the general vote, including campaign periods for primary elections commencing no sooner than three months before the first primary election.”

State version:

“In this State campaign periods will commence no sooner than nine months before the general vote, including campaign periods for primary elections.”
 
See the page Limiting Length of Campaign Periods



US/State:
The Voting Abstention Option Act

US version:

"The United States and every State will enforce the right of a citizen eighteen years of age or older to vote, not to vote, or to abstain regarding any office or proposal, in United States or State elections.” 

State version:

“This State will enforce the right of a citizen eighteen years of age or older to vote, not to vote, or to abstain regarding any office or proposal, in United States or State elections.” 

See the section The Voting Abstention Option ​


US/State:
The Maintaining the Full Vote Act

US version:


"Neither the United States nor any state will deny or abridge the right of a citizen eighteen years of age or older to vote because of criminal conviction."

State version:

"This state will not deny or abridge the right of a citizen eighteen years of age or older to vote because of criminal conviction."

While denying the right to vote because of criminal conviction is allowed in the Constitution, it is not required. See the page Ending Individual Voting Denial


US Only:
The Press Act

"The Telecommunications Act of 1996 is repealed. The Fairness Doctrine is reinstated.”


US Only:
The Truth and Accuracy Act

“All acts of government, descriptions of proposed government acts, and titles of proposed government acts will be considered expenditures of public funds for the purpose of determining fraud or other liability regarding false or misleading statements."    


ACCOUNTABILITY

Each of these bills enacts something the Constitution already expresses or implies, or something that the Framers considered too obvious to be stated. But each one is needed, because corruption and error have damaged their meanings in use.  

US/State:
The Political Fraud, Coercion and Bribery Act

US version:

“To bring officer conduct into compliance with the Constitution of the United States, a United States officer of any branch or level will be impeached for accepting or soliciting any private money, present, benefit or promise, or for political coercion or fraud, not excluding by speech or debate on the floor. A candidate who knowingly benefits from political fraud, coercion or bribery will forfeit the office." 

State version:

“To bring officer conduct in this State into compliance with the Constitution of the United States, a United States or State officer of any branch will be impeached for accepting or soliciting any private money, present, benefit or promise, or for political coercion or fraud, not excluding by speech or debate on the floor. A candidate who knowingly benefits from political fraud, coercion or bribery will forfeit the office." 

​See the section Fighting Corruption


US Only:
The Government Accountability Act

Part 1.

“To bring the United States and every state into compliance with Amendment I’s Freedom of Petition clause, no act funded or authorized by the United States or any state will be anonymous or unaccountable. The accountability of an officer will not be reduced by reliance on legal counsel or on orders.”

Part 2.

“To bring the United States and every state into compliance with the Preamble, no rule or Act of the United States or of any state that aids in evading Constitutional duties will be valid.”


Part 3.

“The standard of disability for removal from office will rely on those commonly used judicially to determine either (1) inability to sign a contract and be bound by its terms; or (2) inability to participate in one’s own defense.”

Part 4.

"To bring the United States into compliance with Article I, section 2's Sole Power of Impeachment clause, complaints or tips regarding potential United States officer misconduct or disability will be investigated in the House of Representatives within ninety days of receipt, within the terms of the Constitution and without preventing civil or criminal investigation or prosecution. No Special Counsel, Administrative Court, Judicial Conference or similar office will investigate or adjudicate these, but Departmental Inspectors, the General Accountability Office and the Office of Government Ethics will conduct preliminary investigations of these when concerning matters under their jurisdiction and will report all potential misconduct or disability to the House Committee on Oversight within ninety days of learning of it. Preliminary Committee investigations will take no longer than ninety days, at which time the Committee will report its findings to the full House. The House will then vote on how to proceed.”

Part 5.

To remain within Article I, section 5’s Expulsion clause, potential minor misconduct, to the level of disorderly conduct, by members of Congress will continue to be addressed in the relevant House.   

Part 6.

“To bring the United States and every state into compliance with Amendment I’s Freedom of Petition clause, the public may file complaints of potential United States officer misconduct or disability with state or local law enforcement, with the Attorney General or any office under the Attorney General’s jurisdiction, with Departmental Inspectors, the General Accountability Office, the Office of Government Ethics, or directly with the House Committee on Oversight. Any reports made to any other governmental offices will be sent to the Committee. Regardless of action taken upon them, all such complaints will be reported to the House of Representatives within one hundred and eighty days, minus the names of suspect persons or entities absent House subpoena.”

Part 7.

“The House Committee on Oversight will in public view maintain a list of all public complaints and of its own preliminary investigations of potential United States judicial or executive misconduct or disability, minus the names of persons or entities, and will update the list every forty-five days. The Committee will maintain a list of preliminary investigations involving potential United States judicial or executive misconduct or disability by Departmental Inspectors, the General Accountability Office and the Office of Government Ethics, and of civil and criminal investigations of potential United States judicial or executive misconduct or disability by state or local law enforcement, the Attorney General or any office under the Attorney General’s jurisdiction.”

It’s high time we took government misconduct and inability seriously and established a standard, automatic procedure for all complaints or tips, removing politics from the process.

The Constitution is law, not suggestion. Duties expressed in it are not optional.


US Only:
Amendment to the Lobbying Act

"Lobbying will be defined as any compensated conduct that is reasonably likely to influence a legislator or legislators regarding a bill or bills, or that is reasonably likely to be intended to exert such influence. No minimum amount of lobbying will be required to define lobbying for the registration requirement."


SEPARATION OF POWERS

US Only:
The Executive Powers Act

"To bring executive action into compliance with Articles I and II, unilateral Presidential action must meet these standards:

1. It complies with, without amending or affecting the application, execution or enforcement of: the Constitution, United States and state law, and treaties.

2. It does not impact the rights, powers, privileges or immunities of any person or grant any right, power, privilege or immunity.

3. It is subject to judicial review.

4. It is limited to enumerated Presidential powers, within the textual limitations: (a) calling Congress into emergency session or adjourning them; (b) temporarily filling government vacancies that occur while Congress isn't in session; (c) nominating & commissioning appointed officers; (d)  signing or vetoing bills; (e) recommending measures to Congress for their consideration; (f) giving State of the Union addresses; (g) requiring the opinion of the principal officers in the executive departments; (h) granting reprieves & pardons; (i) once Congress has declared war, commanding the military and militias; (j) sending and receiving ambassadors."

Presidential action must also be brought back under the separation of powers. See the section starting with President in Conflict 


US Only:
The Budgeting Act

Part 1.

“To bring the United States into compliance with Article I, section 1’s Legislative Powers clause and with Article I, section 8’s Necessary and Proper clauses, prior to making the national budget Congress will determine all United States executive-department and judicial budgeting needs as well as its own, will set rates of taxation and will estimate other anticipated revenues. The total anticipated annual revenue will fully cover the annual budget. Once the budget has been signed and the rates of taxation set, neither will be altered except when the United States is invaded.”

Part 2.

“The United States budget and rates of taxation will cover a minimum of one year at a time and will be signed no later than one year prior to the beginning of the period covered, or Congress will remain in session and all Members, as well as the President, prohibited from leaving the Capitol until it has been signed except when the Capitol is invaded or rendered uninhabitable. The United States government will not be shut down if the budget has not been signed when the period covered begins but will continue at the previous period’s budget and rates of taxation except when the United States is invaded.”

Part 3.

“To bring the United States into compliance with Article I, section 1’s Legislative Powers clause and with Article I, section 8’s Necessary and Proper clauses, only Congress will allocate United States funds. To bring the United States into compliance with Article I, section 7’s It Shall Be a Law clauses, all bills, orders, resolutions, or votes requiring allocation of funds will specify the amounts of such allocations and the time periods in which they will be spent. Allocated funds will be spent as stated.”

Several versions of a Balanced Budget Amendment have been proposed but none are complete. This bill is. It even includes the contingency of invasion – would we want our hands tied by a budget if the United States was invaded?
 

US Only:
The Separation of Powers Act


Part 1.

“To bring the United States into compliance with Article I, section 1’s Legislative Powers clause and with Article I, section 8’s Necessary and Proper clause, Congress alone will determine all United States executive-department and judicial rules, policies or Acts by any other name that can affect any person’s rights, powers, privileges, or immunities.

Part 2.

"Inferior executive and judicial officers appointed or hired without the advice and consent of the Senate will have no authority to make any policy or rule, or to judge any case or controversy." 

Part 3.

“To bring the United States and every State into compliance with Article VI’s Supremacy clause, Amendments IX and X will not be presumed to limit the full incorporation of the Constitution. Unless the Constitution expresses that a given clause applies only to Congress or to the States, all clauses will apply to both.”


US Only:
The Enemies In War, In Peace Friends Act

“An act of war will be defined as the use of force against foreign nationals, territory or property. No officer of the United States or of any state will commit or authorize an act of war without a Congressional declaration of war. No act funded or authorized by the United States or any state will interfere with another nation’s elections or political process, or will act to overthrow or undermine any elected government.”  


JUSTICE


US Only:
The Definition of Law Act

“An act of United States or State government that can affect any person’s rights, powers, privileges or immunities is a law and must be passed by an elected legislature and signed by an executive.”

This is as basic as it gets. The Constitution assigns making law to Congress, but government officers have long gotten around this by calling laws by other names. Terms like policy or executive order are designed to confuse us. It’s high time we stated what the Framers considered too obvious to mention: What is a law?

The above does not prevent courts from issuing rulings that affect people’s rights, powers, privileges and immunities because courts only enforce existing laws. Courts may not make laws where no law exists.


US Only:
The Ending Corporate Personhood Act

Part 1:

"Section 1. Only text intentionally included in a decision of the United States Supreme Court, by a Justice of that Court authorized by that Court to do so, will have adjudicative, precedential or other value as a decision or Constitutional interpretation of the United States Supreme Court.

“Section 2. The United States will recognize no status, right, obligation or the like established by a decision of a United States Court if that establishment used as any part of that decision text that no judge of that Court intentionally included in that decision.”

Part 2:

"Section 1. No branch or level of government in the United States or its territories will confer personhood or its rights. Neither property nor any but individual persons may exercise personhood rights in the United States or its territories. Privileges may be granted but not rights.”

"Section 2. Any previous such conferral or such exercise, or state or United States action based on it, is void."

The above bill clarifies a point that is debated and that the courts are not currently allowing but that is in fact expressed in the Constitution (that corporations are not people), and adds a rule that should be obvious, but whose absence created the constitutional violation of corporate personhood.

See the page How to End Corporate Personhood by Statute  

US Only:
The Officers Support the Constitution Act

"A person sworn or affirmed to support this Constitution will petition Congress or the courts to support its legal force.”

See the section Restoring Invalidly Amended Text
 

US Only:
The Judicial Duties and Speedy Trials Act

“Part 1. To bring the United States Supreme Court into compliance with Article III, section 2’s Judicial Power clause and with Amendment I’s Petition clause, it will address without exception all questions that arise under the Constitution, United States law, or United States treaties. The Supreme Court will take cases charging invalid amendment of the United States Constitution without a proximate victim.”

“Part 2. To bring the United States into compliance with Amendment VI’s Speedy Trial clause, the United States judicial system will be expanded until each district can provide criminal prosecutions within six months.”

Congress must require the Supreme Court to take cases charging invalid amendment or caselaw drift without a proximate victim. 

We can't continue to allow government officers to climb through the High Court's loophole with no recourse by the public. When government itself is at fault, the people are all victims - and so is the Constitution itself. The High Court must be required to address this when it happens.

The Myth of the Political Question: The Supreme Court has been evading its constitutional duties by claiming certain things are "political questions" to be addressed by elections. This contradicts the Judicial Power clause. See Judiciary in Conflict 

The above also adds a rule to bring judicial rules into consistency with the Constitution. We did not make the text to be useless to us in court, but the rule requiring a proximate victim (someone who is particularly harmed rather than just generally harmed as a person living under our laws) has been used to keep us from correcting damage to the Constitution. 

See the pages Valid AmendmentInvalid Amendment and Caselaw Drift 

US Only:
The Public Courts Act

Part 1.

“To bring the United States into compliance with Article III's Judicial Power clause, a United States Act, or a United States Act by any other name that affects any person’s rights, powers, privileges, or immunities, will be adjudicated by the United States judiciary except when cited in suits commenced or prosecuted against a State by citizens of another State or by citizens or subjects of any foreign State, and except for the United States military or militias subject to military discipline. When a matter involves both state and United States Acts or rules, it may be adjudicated by the state or United States judiciary. No court will exist in the Executive branch.”

Part 2.

“To bring the United States into compliance with Article III’s Judicial Powers clause and with Article I, section 5’s Secrecy clause, secrecy will be determined on a case-by-case basis by Congress. No secret court will exist in the United States or under its jurisdiction. As an unconstitutional secret court, the FISC is hereby disbanded and its records will be made public within thirty days.”

Administrative courts in the Executive branch violate Article II, which does not vest such power in the Executive branch, and Article III, which expresses that the United States judicial power is  vested solely in the United States Judicial branch.

Amendment XI makes specific exceptions to this, vesting the power to adjudicate suits commenced or prosecuted against a State by citizens of another State or by citizens or subjects of any foreign State in the State courts. Caselaw drift has expanded this exception far beyond the Constitution’s text. This bill brings it back.

Article I, section 8 expresses that Congress will provide for disciplining the United States military and militias.

The Constitution only mentions secrecy once, vesting this power solely in Congress. The powers vested in the judiciary do not include secrecy. Congress can make rules allowing the judicial branch to use limited secrecy, such as:

·         closing a court for a specific trial

·         listing crime victims’ initials instead of full names

·         sealing records of a specific trial

But the statute must set specific circumstances and requirements, which must always include requiring the court’s public records to state the trial that is taking place and the statute allowing court closure or record sealing. That’s as far as Article I, section 5 can be stretched.


US Only:
The Funding, Execution and Enforcement Act

“To bring the United States and every State into compliance with Article I, section 1’s Legislative Powers clause, with Article I, section 7’s Revenue clause, with Article I, section 8’s Necessary and Proper clauses, and with Article VI’s Supremacy clause, no discretion will exist regarding funding or bringing into execution a United States law or treaty. Neither Congress, nor the Executive, nor any State will refuse to fund or execute a United States law or treaty. Nor will any State law contradict a United States law or treaty.”

United States law is binding on everyone including the government. The Supreme Court found that states could experiment with granting greater protections to the public than United States laws, as long as they didn’t contradict any United States law. The abuse of this privilege has led to needless confusion regarding the enforcement of United States law where a state law creates a contradiction with it! Article VI expresses that state law may never contradict US laws or treaties.



REDISTRICTING/APPORTIONMENT

US Only:
The Fair Apportionment Act

"Legislative districts will be equal in population, and will not include more people than the population of the least populous state."

The first part is expressed in Article I, section 2 but Congress has long ignored it. The second part is required by the first part, but Congress has ignored the requirement. See the sections Leashing the GerrymanderFrozen Apportionment


US only:
The Impartial Redistricting Act

"To bring apportionment into compliance with the Constitution of the United States, each State will conduct redistricting impartially and will redistrict fairly to all residents. No private person, organization or entity will govern redistricting.”


CONGRESSIONAL RULES

US Only:
The Balancing Power in Congress Act

“To bring the United States into compliance with Article I, section 2’s Apportionment clause, with Amendment XIV’s Apportionment clause, with Amendment XVII’s Two Senators clause, with Article IV, section 4’s Republican Form of Government clause, with Article IV’s Equal Privileges and Immunities clause, with Amendment XIV’s Equal Privileges and Immunities clause, and with Amendment XIV’s Equal Protection under the Laws clause, no person’s access to government will be abridged by Congress' divisions of power or of access.”

The text expresses that Congress may make its own rules, but because Congress is subject to the Constitution in everything it does those rules may not violate any clause of the Constitution.

  • Equal representation in the House of Representatives is expressed in Article I, section 2’s Apportionment clause (and in its Amendment XIV restoration) because Representatives are apportioned by the number of residents: equal numerical divisions expresses equal division of representation.
  • Equal representation in the Senate is similarly expressed in Amendment XVII’s Two Senators clause.
  • Equal access to power within Congress is required by Article IV, section 4’s implied definition of representation in a republican form of government.
  • Equal access to government power as a whole is required by Article IV, section 2’s Equal Privileges and Immunities clause (and its Amendment XIV restoration) and by Amendment XIV, section 1’s Equal Protection under the Laws clause. 


By ignoring the Constitution’s requirement, Congress has gotten away with making rules that distort the balance of power among Senators and Representatives. Restoring and safeguarding this will do more to restore the people’s effectiveness than any other measure we recommend.

See the section Balancing Access Inside Congress