New US Constitutional Amendment "Restoring Federalism Amendment"

The Issue

It is high time to reinstate the core principles of true federalism in America. The essence of local representation has been a cornerstone of our nation's foundation. However, this has been eroded as measures from distant and central authorities, irrespective of political affiliations, have consistently encroached upon state laws established by the will of the people.

The restoration of federalism is not just a legal correction; it is a safeguard for human rights. By eliminating the misuse of 'elastic' provisions within the Constitution, we pave the way for a more transparent and accountable future. This initiative seeks to re-establish the harmony that once defined America's landscape.

Our history attests that the most harmonious periods occurred when these fundamental principles were adhered to. By empowering individual states to legislate based on the desires of their citizens, we restore the belief that every vote truly matters.

Recognizing states as distinct national entities underlines our commitment to eliminating discrimination against American nationalities. The restoration of federalism promises a renewal of harmony, fostering a sense of unity and love that spans the entire nation.

Here is the Draft US Const. Amendment that will, with your help, be circulating through State and Federal Legislatures:

Amendment XXVIII

The Restoring Federalism Amendment

Section 1: Nullification of Federal Laws, Policies, Judicial Decisions, and Executive Orders

Federal laws, policies, judicial decisions, and executive orders may be subject to nullification by individual states whenever a state passes a law that directly contradicts or negates the aforementioned federal actions within its jurisdiction.

Nullification shall be the process by which a state declares that a federal law, policy, judicial decision, or executive order is considered null and void within its boundaries.

Section 2: States' Nullification Authority

This amendment hereby establishes the doctrine of nullification as the supreme law of the land, affirming the authority of individual states to nullify federal laws, policies, judicial decisions, or executive orders that exceed the limited enumerated powers granted to the Congress or violate the reserved powers of the states as per the Tenth Amendment.

States shall exercise their sovereign discretion in reviewing laws passed under the Necessary and Proper Clause (Article I, Section 8, Clause 18) to determine their compatibility with the constitutional framework and the principles of limited government. Any inconsistency shall be subject to nullification by individual states.

This provision underscores the right of states to safeguard their reserved powers and maintain a balance between federal and state authority. It upholds the principle that the enumerated powers delegated to Congress are distinct and limited, and any laws beyond such boundaries may be deemed null and void through the lawful exercise of nullification by the states.

Section 3: Procedure for Nullification

To initiate the nullification process, a state must pass a law through its legislature specifically declaring the federal law, policy, judicial decision, or executive order to be null and void within its jurisdiction.

The nullification law passed by a state must provide a detailed explanation of the reasons for nullification, citing constitutional principles or any other relevant legal arguments.

Section 4: Prior Inconsistent Laws

Any inconsistency of laws and policies at any level of government that is found to be in conflict with this doctrine falls under the duty of each state to carry out processes invoking this amendment, nullifying them, and repudiating any prior indebtedness thereto.

Section 5: Overturning State Nullification

Nullification by a state can be overturned either by a two-thirds majority vote in both chambers of the United States Congress or by a two-thirds majority vote in the legislature of the state that originally enacted the nullification.

Section 6: Policy Challenges by Federal Courts

Upon a 2/3 majority vote of Congress, within 90 days of a state law being passed that is deemed in conflict with any part of the federal government, shall any suit be initiated by the federal government.

The government is also specifically restrained from using other means to meddle or interfere with said states' rights, such as the defunding or funding of local dependent frameworks with an effect or aim to counteract said state law.

Section 7: Nullification Resolution

If the federal court rules in favor of the state nullification, the federal law, policy, judicial decision, or executive order shall be considered null and void within that specific state's boundaries.

If the federal court rules against the state nullification, the federal law, policy, judicial decision, or executive order shall remain in full force within the state.

Section 8: Preserving the Right of Nullification

Nothing in this amendment shall be construed as limiting the right of states to challenge the constitutionality of federal actions through established legal processes, including but not limited to judicial review in the United States Supreme Court.

Section 9: Severability

If any provision of this amendment is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Section 10: Ratification

Congress shall have the authority to establish the procedures for the ratification of this amendment.

Section 11: Enactment

This amendment shall become effective immediately upon ratification by three-fourths of the state legislatures, or by conventions in three-fourths of the states, or by a two-thirds majority vote in both chambers of the United States Congress.

 

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Stephen MPetition Starter

79

The Issue

It is high time to reinstate the core principles of true federalism in America. The essence of local representation has been a cornerstone of our nation's foundation. However, this has been eroded as measures from distant and central authorities, irrespective of political affiliations, have consistently encroached upon state laws established by the will of the people.

The restoration of federalism is not just a legal correction; it is a safeguard for human rights. By eliminating the misuse of 'elastic' provisions within the Constitution, we pave the way for a more transparent and accountable future. This initiative seeks to re-establish the harmony that once defined America's landscape.

Our history attests that the most harmonious periods occurred when these fundamental principles were adhered to. By empowering individual states to legislate based on the desires of their citizens, we restore the belief that every vote truly matters.

Recognizing states as distinct national entities underlines our commitment to eliminating discrimination against American nationalities. The restoration of federalism promises a renewal of harmony, fostering a sense of unity and love that spans the entire nation.

Here is the Draft US Const. Amendment that will, with your help, be circulating through State and Federal Legislatures:

Amendment XXVIII

The Restoring Federalism Amendment

Section 1: Nullification of Federal Laws, Policies, Judicial Decisions, and Executive Orders

Federal laws, policies, judicial decisions, and executive orders may be subject to nullification by individual states whenever a state passes a law that directly contradicts or negates the aforementioned federal actions within its jurisdiction.

Nullification shall be the process by which a state declares that a federal law, policy, judicial decision, or executive order is considered null and void within its boundaries.

Section 2: States' Nullification Authority

This amendment hereby establishes the doctrine of nullification as the supreme law of the land, affirming the authority of individual states to nullify federal laws, policies, judicial decisions, or executive orders that exceed the limited enumerated powers granted to the Congress or violate the reserved powers of the states as per the Tenth Amendment.

States shall exercise their sovereign discretion in reviewing laws passed under the Necessary and Proper Clause (Article I, Section 8, Clause 18) to determine their compatibility with the constitutional framework and the principles of limited government. Any inconsistency shall be subject to nullification by individual states.

This provision underscores the right of states to safeguard their reserved powers and maintain a balance between federal and state authority. It upholds the principle that the enumerated powers delegated to Congress are distinct and limited, and any laws beyond such boundaries may be deemed null and void through the lawful exercise of nullification by the states.

Section 3: Procedure for Nullification

To initiate the nullification process, a state must pass a law through its legislature specifically declaring the federal law, policy, judicial decision, or executive order to be null and void within its jurisdiction.

The nullification law passed by a state must provide a detailed explanation of the reasons for nullification, citing constitutional principles or any other relevant legal arguments.

Section 4: Prior Inconsistent Laws

Any inconsistency of laws and policies at any level of government that is found to be in conflict with this doctrine falls under the duty of each state to carry out processes invoking this amendment, nullifying them, and repudiating any prior indebtedness thereto.

Section 5: Overturning State Nullification

Nullification by a state can be overturned either by a two-thirds majority vote in both chambers of the United States Congress or by a two-thirds majority vote in the legislature of the state that originally enacted the nullification.

Section 6: Policy Challenges by Federal Courts

Upon a 2/3 majority vote of Congress, within 90 days of a state law being passed that is deemed in conflict with any part of the federal government, shall any suit be initiated by the federal government.

The government is also specifically restrained from using other means to meddle or interfere with said states' rights, such as the defunding or funding of local dependent frameworks with an effect or aim to counteract said state law.

Section 7: Nullification Resolution

If the federal court rules in favor of the state nullification, the federal law, policy, judicial decision, or executive order shall be considered null and void within that specific state's boundaries.

If the federal court rules against the state nullification, the federal law, policy, judicial decision, or executive order shall remain in full force within the state.

Section 8: Preserving the Right of Nullification

Nothing in this amendment shall be construed as limiting the right of states to challenge the constitutionality of federal actions through established legal processes, including but not limited to judicial review in the United States Supreme Court.

Section 9: Severability

If any provision of this amendment is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Section 10: Ratification

Congress shall have the authority to establish the procedures for the ratification of this amendment.

Section 11: Enactment

This amendment shall become effective immediately upon ratification by three-fourths of the state legislatures, or by conventions in three-fourths of the states, or by a two-thirds majority vote in both chambers of the United States Congress.

 

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Stephen MPetition Starter
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