Image, this and following pages- George Hodan
Amendment XXVIII, (proposed), section 5:
“An officer sworn or affirmed to support this Constitution
will petition Congress to support its legal force,
equal in all text including “We the People”,
unless repealed by Amendment.”
This section functionally restores a 52-word section to the Constitution.
A 1905 decision, Jacobson v Commonwealth of Massachusetts, invalidly amended the Constitution
by ruling the Preamble doesn't have enough force of law
to confer powers on the United States of America, as it provides.
This violates not only the language of the Preamble itself and the Article V amendment process,
but Article VI and Article III, Section 2.
Article III, Section 2:
"The judicial Power shall extend to all Cases, in Law or Equity,
arising under this Constitution [...]"
The judiciary's power to interpret the Constitution is limited by its jurisdiction:
to cases arising under the Constitution, which excludes cases questioning its status as the law of the United States.
No interpretation may remove any word of it from law in any way.
and the Laws of the United States which shall be made in Pursuance thereof;
and all Treaties made, or which shall be made, under the Authority of the United States,
shall be the supreme Law of the Land;
and the Judges of every State shall be bound thereby,
any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." [...]
"[J]udicial Officers, [...] shall be bound by Oath or Affirmation, to support this Constitution; [...]"
No judge in the United States, whose authority is vested by the Constitution itself,
and having vowed to support the Constitution as the supreme law of the land,
may reduce the legal force of any word of the Constitution.
The text of the Supremacy Clause states unequivocally that the Constitution is law.
It accomplishes its purposes by being enforceable law, "the supreme law of the land".
The Constitution is first defined by its legal force, or enforceability:
its first defining characteristic is that in this country it is enforceable above any conflicting thing.
Anything that is less enforceable than the Constitution is not the Constitution.
Reducing the legal force of any text of the Constitution amends that text,
by abridgment effectively removing it from the Constitution.
Amending Constitutional text requires Article V amendment.
And the Supremacy Clause does not exempt the Preamble.