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.   

 

US-Only Bills


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


The Definition of Law Act

“An act of 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 may only enforce existing laws. Courts may not make laws where no law exists.



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. Officers will not be compelled to agree with each other or with their superior officers.”

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.”

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



The Elections By The People Act

“To bring the United States into compliance with Amendment I’s Freedom of Speech clause, with Article I, section 2’s By the People of the Several States clause, with Article II, section 1’s Each State Shall Appoint clause, and with Amendment XVII’s By the People Thereof clause, no private money will be used for United States campaigns. Campaigns will be funded by budget item.”

The electoral clauses cited in this bill all say that the states will choose our officers. A state is its people, not its legislature or governor. Although the Constitution doesn't mention it, the Declaration of Independence does refer to choosing your form of governance as an inalienable right. Inalienable rights must be protected equally under the law. That means all of a state's people must have an equal speech right in campaigns. Private campaign funding makes speech unequal. 


See Public Campaign Funding.


 
The Separation of Powers Act


Part 1.


““To bring the United States into compliance with the Legislative Powers and Necessary and Proper clauses, Congress alone will determine all United States executive-department and judicial rules and policy that can affect any person’s rights, powers, privileges, or immunities." 


Part 2.


"Inferior executive and judicial officers who can be appointed or hired without the advice and consent of the Senate will be limited to those with no authority to make policy or rules." 


Part 3.


"To bring the United States into compliance with Article III's Judicial Power clause, policies or rules that affect any person’s rights, powers, privileges, or immunities will be adjudicated by the United States judiciary." 


Part 4.


"To bring the United States into compliance with Article I, section 2's Sole Power of Impeachment clause, judicial, executive or legislative misconduct or inability will be determined solely by impeachment investigation in the House of Representatives. No branch, department, office or officer will police itself.”


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: 

  • calling Congress into emergency session or adjourning them
  • temporarily filling government vacancies that occur while Congress isn't in session      
  • nominating & commissioning appointed officers     
  • signing or vetoing bills
  • recommending measures to Congress for their consideration
  • giving State of the Union addresses
  • requiring the opinion of the principal officers in the executive departments       
  • granting reprieves & pardons
  • once Congress has declared war, commanding the military and militias
  • sending and receiving ambassadors."


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



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.”

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 Amendment; Invalid Amendment and Caselaw Drift
 

The Budgetting Act

Part 1.

“To bring the United States into compliance with the Legislative Powers and Necessary and Proper clauses, Congress alone will determine all United States executive-department and judicial budgeting needs prior to making the national budget.”  

Part 2.

“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.”

Part 3.

“The United States budget will be funded for a minimum of one year at a time and will be completed no later than six months prior to the beginning of the period covered. Once the budget has been balanced and fixed, it will not be altered except when the United States is invaded.”

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? 



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

 
The Documenting the Constitution Act

"The Constitution will be documented in two ways: for historical purposes with repealed text noted, and for legal purposes with repealed text omitted."


See the page Documenting the Constitution

 
 

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.


"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 



The Balancing Access Inside Congress Act

“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 implies that those rules may not violate the rest of the Constitution. Equal representation in Congress is implied in the text’s definition of representation in a republican form of government, of equal privileges and immunities with equal protection under the law, and of many other clauses. By ignoring the implication, Congress has gotten away with making rules that distort the balance of power among Senators and Representatives. Restoring and safeguarding this implication will do more to restore the people’s effectiveness than any other measure we recommend.

See the section Balancing Access Inside Congress


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. The second part is implied, but Congress has ignored the implication. See the sections Leashing the Gerrymander; Frozen Apportionment



Each of the above 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.  



The Press Act


"The Telecommunications Act of 1996 is repealed. The Fairness Doctrine is reinstated. Fact-checking will precede publication or broadcast, and facts that could not be checked or quotes of incorrect statements will be so denoted. White House press officers will not hold press conferences. Written questions will be answered in writing."    


The Lobbying Amendment


"There will be no minimum amount of lobbying for the requirement to register as a lobbyist."


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.”  

 


US or State Bills

The US versions are stronger because state bills are subject to override by Congress. But the Supreme Court has upheld states’ right to “lab”, or experiment with, new ways of doing things as long as they don’t violate the Constitution. If enough states pass these and they work well, Congress is more likely to pass the US versions.


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 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 granting, apportionment, districting, or 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 granting, apportionment, districting, or the holding, tallying, monitoring, or auditing of elections.”

See the section The Fair Elections Clause



The 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

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.

​ 

The Limiting Length of Campaign Periods 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 primaries commencing no sooner than three months before the primary vote.”

State version:

“In this State campaign periods will commence no sooner than nine months before the general vote, including campaign periods for primaries commencing no sooner than three months before the primary vote.”
 

See the page Limiting Length of Campaign Periods


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 



The Maintenance of the Vote Act

US version:


"No state will deny or abridge the right to vote because of criminal conviction."

State version:

"This state will not deny or abridge right 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.