I was just curious, because of the previously mentioned 467 amendments to the Texas Constitution we often find that, low and behold, a law passed by the legislature is indeed unconstitutional. At least at the state level. Texas' constitution is rather strict and limiting to the state government (and you can thank Post Civil War Reconstruction for that). There are local items that have to be voted on by the entire state because the Texas Constitution is so limiting.

David

To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical.--Thomas Jefferson

 


On 10/13/2010 10:47 PM, [email protected] wrote:
I see your point. This needs work. The idea is that, henceforth, now warned
about legislating from the bench, the Justices would exercise extreme caution
before deciding to overturn any amendment to a state constitution.
 
Seems to me we need the possibility of Court protection from a state gone berserk.
Say the Greens capture Vermont, although I'd be just as worried about
off the charts libertarians,  or you name it.
 
Anyway, your point is well taken.
 
 
 
Oliver Wendell Billy
 
 
===================================================
 
 
 
 
In a message dated 10/13/2010 7:31:11 P.M. Pacific Daylight Time, [email protected] writes:
So if 7 justices overturn a state referendum on Constitutional grounds, then all 7 of those are to be replaced?

Clarification sought, please.

Most of the rest of these I don't see much to argue with.

David

To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical.--Thomas Jefferson

 


On 10/12/2010 10:29 PM, [email protected] wrote:
Constitutional Amendments for the 21st Century
 
Some additional suggestions :
 
( 11 )   Supreme Court Rules--
( i ) No referendum or state constitutional amendment, for any state,
passed by the voters of that state, that is brought  to the Court to seek
its overturn on Constitutional grounds shall be declared as unconstitutional
unless a minimum of 7 Justices out of 9 concur.
 
( ii ) All sitting justices who have previously voted to overturn voter approved state
constitutional amendments shall hereby be retired from the Court on the grounds
that such usurpation of the rights of states, such bad faith in the capability of
drafters of state constitutional amendments, and such blatant contempt for
the rights of voters in our American democracy, deserves nothing less.
 
( iii ) The House and Senate shall each be permitted to request the Court to hear the
non-binding views of Justices on the Constitutionality of proposed legislation.
The purpose shall be to do away with time consuming and costly litigation
concerning controversial new laws. Each chamber shall be able to make
5 such requests each year at times of their choosing and the Justices
shall comply within 30 days of the request.
 
( iv ) In no case shall the Court refer to foreign law of any kind in reaching decisions.
This manifestly does not mean that any Justice is prohibited from study of foreign law
but it does mean that the laws of other nations shall not be made use of for
purposes of deciding American cases before the Court. One class of exception
is allowed, when Justices concur by a minimum of  7 votes.
 
( 12 )   Congressional Rules --
( i ) No bill being considered for enactment shall be voted upon unless the members
have the opportunity to read it first. It shall be regarded as an impeachable offense
not to read a bill voted on. There shall be 1 day granted for this purpose for
each 50 pages of text, and a minimum of 2 days in all cases.
 
( ii ) The winning party in House elections shall be enabled to choose chairmen 
or chairwomen according to popular vote criteria. At this time each chamber
has 20+ committees With a simple majority of less than 55 % , the winning party
will have first choice for chairmanships for any 5 committees, all other committee
chairmanships allotted alternatively between the two major parties. For example,
if the Democrats were to win an election with a simple majority they would
chose which 5 committees their members would chair, followed by
a Republican choice , another Democratic choice, and so forth,
until all committees had chairs appointed. Each additional  2-1/2 % of the
vote and the number of "first choice" chairmanships would increase by one.
For example, a victory margin of 59 % of total popular vote and the
winning party would select the first 7 chairmanships. In the case of
the Senate, given staggered elections, 2/3rds of all committee chairmanships
would be held over and the remaining chairmanships apportioned in a similar
manner according to popular vote percentages.
 
( iii ) No political party may nominate for office for any given election
candidates who predominantly have one kind of professional background.
No profession may be have more than 40 % of nominees. That is,
lawyers of all kinds shall comprise a maximum of 40% of candidates
for any political party. This applies to all other professions, such as
academics together, such that the intent of this Amendment is not circumvented
by considering professors of political science in a different professional category
than professors of sociology or demography.  This also applies to
people in business, or anything else.
 
( 13 )   Primary Elections--
By common consent and tradition, Iowa shall hold the first caucus, followed
by the New Hampshire presidential primary and primaries in South Carolina,
Arizona, and Michigan. The Iowa caucus shall be held in mid January, the
New Hampshire primary in late January, and the other primary contests
shall be held in the month of February. In late February, one state, not to be repeated
in this position until all other interested states are accommodated, shall hold
its primary , similar to the example of Florida in 2008. After this each party
shall select, in consultation with the other major party, which states shall hold
their caucuses or primaries, but such that no more than 4 are scheduled for any
given week in the month of March. After that the parties, in consultation , will be
free to decide on any arrangement that they prefer, such as all remaining caucuses
and primaries on one Super-Tuesday, or anything else. If any named state wishes
to opt out of early primaries or a caucus, it is free to do so and the major political
parties shall select one replacement, acting in consultation. In the case of a deadlock
between the 2 major parties, the party with the 3rd highest votes will make
the determination.
 
( 14 )   End of Endless Appeals in Capital Crimes.
There is no justification for spending anywhere from $ 40,000  to $ 50,000+
per year, per prisoner,  to incarcerate persons convicted of capital offenses,
year after year, with no practical limit because of repeated legal appeals.
The money could be spent far more wisely for other purposes. Henceforth,
only one appeal will be allowed, such that, if the appeal fails, the execution
shall take place a maximum of 2-1/2 years from date of conviction.
This principle will apply to all other cases such that, only one appeal
will be allowed for any felony conviction.
 
( 15 )   Immigration Reform
Immigration shall be limited to a maximum of 1 million people for any given year.
One half of that number must reflect the current demographic makeup
of the population, one third based on America's professional needs,
the remainder based on criteria such as uniting divided families, length of time
on a waiting list, and so  In all cases, priority shall be given to applicants for
entry to the United States who can name a sponsor willing to vouch for his or her
character and willing to guarantee the immigrant's debts. ALL illegal aliens shall
be deported and the Federal Government shall have full responsibility to enforce
all immigration laws including deportation of illegals. If it happens that the Federal
Government does not do so in any calendar year, the states may act on their own
to enforce the law until such time as the Federal Government shows it is willing
to do so and establishes a record of compliance of at least 3 months.
There may be exceptions proposed by the President , agreed to by the
Congress, for political refugees or other special cases, but in no case
or combination of cases, to exceed an additional 250,000 people
in any calendar year. Congress may make a limited number of exceptions,
for example, for children raised in the USA who are 18 years of age, or other
worthy criteria, but not to exceed 100,000 people for all cases total, not yearly.
The automatic citizenship clause of the 14th Amendment is hereby clarified
to define "natural born" to mean a child born to parents who are US citizens,
or, when appropriate, when at least one parent is a citizen and the other
is actively seeking citizenship. This is not ex post facto and all grants
of citizenship prior to passage of this Amendment are unaffected.
 
 
Respectfully submitted
Billy
 
 

 
--
Centroids: The Center of the Radical Centrist Community <[email protected]>
Google Group: http://groups.google.com/group/RadicalCentrism
Radical Centrism website and blog: http://RadicalCentrism.org

--
Centroids: The Center of the Radical Centrist Community <[email protected]>
Google Group: http://groups.google.com/group/RadicalCentrism
Radical Centrism website and blog: http://RadicalCentrism.org

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