Most Libertarians say that juries are the final check on unconstitutional laws in America. While I agree that jury nullification is an important part of America’s judicial system, I am also convinced that another mechanism, the Citizens’ Constitution Court, is needed to restrict the federal government to its constitutionally mandated limits. The Supreme Court won’t do the job — they’ve proven that with their Atwater decision.
When elected I will introduce this idea in Congress in the form of a constitutional amendment.
Return this country to Constitution-based principles. All laws and government regulations should be subject to review before a new court. Higher than the Supreme Court, the Citizens’ Constitution Court would be empowered to review and repeal any law at any level that violates the Constitution or the Bill of Rights. This Court cannot make any new laws, just review and repeal existing laws.
5,000 citizen signatures will be needed to petition the state requiring a review of the law in question. This venue would be the State Constitution Review by citizens of that state on an Internet site to which all citizens have access. For 30 days after a successful petition, the law in question would be posted on that Internet site and debated by the local state citizenry. On day 31, all citizens who wish to vote would do so over the Internet, using their names, addresses, and phone numbers to validate their votes. Each citizen is allowed one vote. A simple majority would pass the law in question on to the national Citizens’ Constitution Court.
The Citizens’ Constitution Court would post, debate, and review the law in question on its own national Internet site for a period of 30 days. This public posting, debate, and review will allow every American citizen full knowledge of the discussions of these issues that affect our lives. On day 31, the court members will vote, and a simple majority will prevail upon the issue. Any law struck down by the Court will be revoked immediately.
How are the members of the national Citizens’ Constitution Court appointed? Each state will hold an election every two years for ten highly respected citizens from that state to sit on this Court. The position is unpaid, and each Justice can only serve one term. No Justice can hold any other public office during his or her tenure on the national Citizens’ Constitution Court. Upon election, each Justice must swear to uphold the Constitution and the Bill of Rights as a personal service to the country. Each Justice will serve on this court from his or her own private home. These ten individuals from each of the 50 states will constitute the 500 members of the Citizens’ Constitution Court.
Our Constitution and Bill of Rights will constantly be guaranteed, by a daily review of all the laws by all our citizens. This will protect us from any law of tyranny and oppression.
This amendment to our Constitution will help preserve the rights of all the individuals in America.
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