Here is a way I have thought of explaining the potential political appeal of my proposal I have shared this before on Forum Community and asked whether others would consider supporting it. Gore was the worst decision the Supreme Court has ever rendered, and nothing like it must ever occur again. In order to avoid gerrymandering of congressional or state legislative districts, redistricting must be done by independent redistricting commissions. There will be no such thing as a "fundamental right to marry," but bans on interracial marriage and same-sex marriage will still be unconstitutional.ģ(c) The states still have to respect voting rights as established in nearly all precedents the Supreme Court has laid down on that subject so far. The rulings made by federal courts in 2013-2015 about same-sex marriage will be preserved. Other than those five kinds of discrimination, all other kinds of discrimination are allowed. Therefore the Court's decisions about abortion, using contraceptives, sodomy, and any other libertarian ideas not enumerated in the Bill of Rights, no matter how controversial or uncontroversial, will all be overturned.ģ(b) The states are not allowed to discriminate against anyone on the basis of race, national origin, sex, sexual orientation, or disability status (and because of Section 1 above, the same will go for the federal government). The federal judiciary is instructed to stop declaring that states have to obey "fundamental rights" and "basic civil rights" that are not in the Constitution (again, with the one exception being the right to interstate travel). The judiciary's obligation is to expound on the rights that are in the Constitution, not to expand them. The federal judiciary has neither an obligation nor a prerogative to define liberty. " but my proposal tells the Court, and the rest of the country, that statement was completely incorrect. The Supreme Court has twice said "Our obligation is to define the liberty of all. Section 3: The second sentence of Section 1 of the Fourteenth Amendment is hereby repealed and that sentence will be replaced with a new set of rules designed to be narrower and clearer.ģ(a) The states have to obey enumerated rights in the first eight amendments, but the only un-enumerated right that states have to obey is the right to interstate travel. The purpose of the Ninth was and is parallel to the Tenth Amendment. Section 2: The Ninth Amendment is only binding on the federal government, not on the states. But the federal government does have to treat everyone equally, the same way the states have to according to Section 3(b) of my proposal. In other words, government must not punish anyone without affording that person fair procedures, but the courts are not to second-guess the merits of the laws being enforced.
Section 1: The Due Process Clause of the Fifth Amendment shall henceforth be understood to only mean procedural due process, not substantive due process. This article will clarify two amendments that are binding on the United States, and it replaces a part of the Fourteenth Amendment, which is binding on the states." The United States government and the respective states should have clear and precise guidelines about their legislative powers. "The purpose of this article of the US Constitution is to give three previous amendments greater clarity and precision. The Preamble begins with a two-paragraph-long quotation from Justice James Iredell in the 1798 case of Calder v. My proposal has a Preamble and four sections.
#Bernie hindsight 2020 full#
I have drafted a proposal for a constitutional amendment and would like your reaction: Would you support or oppose this? Below is a summary of the proposal, not the full draft. Here's a question I've asked a few other Atlas users under their "AMA."
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