Sunday, May 29, 2016

Repairing the Constitution on six important issues

Retired Supreme Court Justice John Paul Stevens' new book, Six Amendments:  How We Should Change the Constitution, proposes remedies to court rulings that have "knocked the U.S. Constitution out of whack."  Stevensays: "I am confident that the soundness of each of my proposals will become more and more evident, and that ultimately each will be adopted." 


1.  Supremacy of federal laws over state laws:
This Constitution, 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 and other public officials in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.

2. Political Gerrymandering: 
Districts represented by members of Congress, or by members of any state legislative body, shall be compact and composed of contiguous territory. The state shall have the burden of justifying any departures from this requirement by reference to neutral criteria such as natural, political, or historic boundaries or demographic changes. The interest in enhancing or preserving the political power of the party in control of the state government is not such a neutral criterion.
3. Campaign Finance:  would reverse the devastating effects of Citizens United.
Neither the First Amendment nor any other provision of this Constitution shall be construed to prohibit the Congress or any state from imposing reasonable limits on the amount of money that candidates for public office, or their supporters, may spend in election campaigns.
4. Sovereign Immunity:
Neither the Tenth Amendment, the Eleventh Amendment, nor any other provision of this Constitution, shall be construed to provide any state, state agency, or state officer with an immunity from liability for violating any act of Congress, or any provision of this Constitution.
5. Abolishing the Death Penalty: by adding five words (in bold) to the Eighth Amendment:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments such as the death penalty shall be inflicted.
6. Gun Control: To restore the Second Amendment to its original meaning, and to return the power of regulating firearms to state and local governments, Stevens would add these five words (in bold) to the Second Amendment.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia, shall not be infringed.
I would welcome the opportunity to vote for every one of these amendments to our Constitution.

Ralph

No comments:

Post a Comment