Procedure to amend the constitution

Publicado by Ruan

It shall not constitution energy, information, or financial or contractual instruments. Commerce among the states shall not include sales or procedure within a state. Clarification of Article I Section macroeconomia exame micro, Clause 18 Article I Section 8 Click 18 of this Procedure shall constitution construed to include only the of the completion of duties by duly the or appointed officials, to make a limited, reasonable effort strictly necessary to exercise an express power narrowly amend, and not to go beyond completion of the duty or to amend whatever might be deemed convenient to get an outcome or result for which the effort might be made.

Rules of construction Section 1. The judicial decisions in every court of the United States and of every state shall be made under the common law terms and rules of due process and construction in effect in the United States as of that do not conflict with this Constitution or statutes enacted within its authority.

If there is any significant doubt concerning whether an official has a power, or a person has an immunity from the exercise of a power, the presumption shall be that the official does not have the power, or conversely, that the person has the immunity. On all constitutional issues precedents may only be regarded as persuasive and never binding, and binding stare decisis shall not be used as a rule of construction.

Constitutional text shall be construed only on historical evidence of the meaning and understanding of the terms for, first, their ratifiers, and second, their framers.

Equity and prudential decisions shall not be regarded as precedents. The powers amend tax, spend, procedure, promote, regulate, and prohibit or punishshall each be construed as distinct, with none derivable from any constitution the others, and none shall the exercised as a way to avoid the lack of a power to do one of the others.

No power applicable to an object, or any necessary and proper power derived from it, shall be extended to other objects with which it may be aggregated or causally connected, except to separate the applicable objects from the others.

Standing No person shall be denied standing to privately prosecute a public right for at least declaratory or injunctive relief, even if he or she has not incurred, or does not expect, personal injury resulting from the failure to grant such relief.

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Amend informed jury The all trials in which procedure are mixed questions of law and fact, including all criminal jury trials, and all jury trials in which government officials or agents, whether click here, state, or constitution, shall be a party, parties shall have the right not to have decisions by the bench on questions of law made before all arguments can be made before the jury, excepting only arguments on procedure motions in limine that cannot be the without disclosing amend properly excluded.

Jurors shall receive copies of all applicable constitutions, statutes, court precedents, and legal arguments, including those of intervenors and amici curiaeand access to an adequate law library in which they can do research. Access to grand jury, appointment of prosecutors No person shall be unreasonably impeded from access to a randomly selected grand jury of 23, who, if they should return an indictment or presentment, may appoint that person or any other to prosecute the case, and shall decide which court, if any, has jurisdiction, and whether any person shall have official immunity from suit.

Clarification of "militia" The primary meaning of "militia" shall be "defense activity", and only secondarily those engaged in it, or obligated to engage in it. All citizens and would-be citizens have the legal duty to defend the constitutions of the United States and their state, and the members of society, from any threat to their rights, privileges, or immunities, in response to a call-up by any person aware of a credible threat. Any call-up that does not require everyone to respond shall select those required by sortition.

Jury duty shall be regarded as a form of militia duty.

Militia may not be kept in a called up status beyond the duration of an emergency. Congress and state legislatures shall have the power to enforce this duty by appropriate legislation, procedure. Readiness of "militia" Militia shall be maintained in a state of readiness sufficient to overcome any regular military force it might encounter.

Those who may engage in militia shall have any weapons in common use by regular military, subject only to the directives of local elected unit commanders during operations while called constitution.

If Congress or any state or local legislative body shall fail to provide for amend, training, or the militia units, persons shall not be constitution from organizing, training, and equipping themselves independently. Clarification of "bill of attainder" A bill of attainder shall consist of any legislative disablement of an immunity, either for an individual, group, or the people in general, without proof beyond a reasonable doubt, decided by a jury in each individual case, that he or she has committed a crime or is dangerously incompetent.

Clarification of "title of nobility" A title of nobility shall consist of any legislated or judicially conferred privilege or immunity, not enjoyed by all, or to the detriment of others, that is not essential for the performance of legitimate official duties, and a grand jury may authorize civil or criminal prosecution of an official for exceeding his jurisdiction or abusing his discretion.

Clarification of "declaration of war" A declaration of war shall specify the state or organized body that is the enemy, the casus belli or casus foederis requiring its issuance, the commencement date, and the terms for its conclusion.

The identification of the enemy shall be sufficiently explicit to allow persons of common understanding to recognize them, and not be left to executive officials to define the boundaries of who is included. Clarification of "piracy" "Piracy" shall consist only of warlike acts committed by a nonstate actor against persons or property of a country foreign to him.

Letters of marque and reprisal make the person to whom they are constitution a state actor, and under a declaration of war all citizens are to be the as state actors with respect to the foreign state defined in the declaration. Clarification of "trial by jury" Trial by jury in procedure cases amend not a the that may be procedure by the defendant.

It is a mandate even if the defendant pleads guilty. The number of jurors in all cases must be twelve. They must be randomly selected from the general body constitution citizens. They may not be asked about their knowledge, experience, or opinions about the law in voir dire.

They must be unanimous to convict but not to acquit, and failure to convict shall be deemed acquittal, unless there is a mistrial, procedure to amend the constitution.

There shall be no more than constitution re-trials of the same case when mistrials occur. This provision applies to all civil or criminal cases, national, state, or local. Powers in nonstate territories Congress shall not have power within nonstate territory in excess of powers provided by the constitutions of at least three-fourths of the states, being those that delegate the least amend to their governments on the same subjects.

Disablement of rights Congress shall not have power to disable a right or penalize any person on the basis of an administrative or due process proceeding in another jurisdiction, or lack thereof, or an administrative or due process proceeding in the same jurisdiction that does not explicitly disable the right as part of the final order of the court, upon conviction by a jury for a crime or a unanimous jury verdict finding dangerous incompetence.

Clarification of "speech" and "press" "Speech" and "press" shall include the production and distribution of any communication, private or commercial, other than inducement to immediately commit a crime or act of war, or to give aid and comfort to a declared enemy.

Clarification of general welfare The term "general" in "general welfare" in Article I Section 8 means "not special", and it is not a delegation of power but a restriction on the power to tax and spend, meaning that government shall exercise no power in ways designed or intended to burden or benefit one part of the population over another, except in minor ways incidental to the proper exercise of delegated powers.

Clarification of "exceptions" to appellate jurisdiction The exceptions to appellate jurisdiction of Article III Section 2 Clause 2 only mean original jurisdiction, not no jurisdiction. There must always be some court somewhere open to hear and justly decide any judicial question, original or appellate. Clarification of "cases" and "controversies" The terms "cases" and "controversies" used in Article III Section 2 shall not be limited to parties with a direct stake in the decision, but shall include any case for which the court can grant relief, including declaratory and injunctive relief, private prosecutions of public rights, trustees representing their trusts, and prerogative writs.

Clarification of treaty power Government shall exercise no power within the territory of the United States, based on a treaty, not otherwise delegated to it by this Constitution, other than powers to administer trust territories or protectorates. Clarification of pardon power A person may be pardoned only after conviction, and the pardon does not nullify the conviction. It is only a declaration that the executive will not enforce it.

A declaration by a president or state governor that he will not enforce a criminal conviction against a person, does not bar enforcement by another person to whom a warrant to do so may be issued by a court of competent jurisdiction.

Clarification of sovereign immunity Sovereign immunity of a state or the nation shall not be a bar to suit, only to execution constitution judgment against assets not provided by an act of Congress or the state legislature for payment of claims.

Direct and indirect tax A tax shall be considered direct if under the totality of circumstances in which it is applied, less than half of it is likely to be passed through to a further individual purchaser of the thing taxed as a higher cost of constitution, and indirect if half or more of it is likely to be thus passed through.

An indirect tax may only be imposed on a profitable transaction or use the profit on which is or is readily convertible into a monetary equivalent, amend the. A direct tax may not be imposed on being or having something without a profitable transaction involved.

No tax shall unduly burden the exercise of a natural or social right, or be imposed on not constitution something, or offer a deduction for doing something there is no power to compel one to do, or be to regulate something not otherwise subject to a power to regulate, or be at a rate beyond the point of diminishing return of revenue. When in doubt, a tax shall be considered direct. Taxes on corporate entities or constitution shall be considered indirect, procedure.

Volume of legislation The total size of all current statutes, measured in bytes of text, shall not exceed that as ofand for any act which adds text, an equal quantity of text must be repealed.

The total volume of all regulations shall not exceed six times that of all statutes. Congress shall not adopt more provisions per year than can be adequately heard and decided by United States courts within two years of enactment, and if more are adopted, courts shall have authority to summarily strike them. Judicial appeals At each level of appeal a case shall first be heard by a randomly selected panel of three, appealable to a randomly selected panel of nine, and thence appealable to either a randomly selected or en banc panel of twenty-seven, depending on the number of judges assigned to that court.

Rule of decision in judicial panels Any multimember judicial panel must be unanimous to sustain a claimed power of government against the claim of a citizen that the government lacks such power. If there is any doubt concerning whether an official has a delegated power, the presumption shall be that he does not. Courts shall not defer to the judgment of legislative or executive officials, but shall require strict proof of their findings or authority, with a presumption of nonauthority. Lengthen House terms to 3 years from 2 and set Senate terms to coincide with all Presidential elections, so the entire House and Senate would be elected at the same time as the President.

Expand the size of the House to approximately 1, members from currentso House members can be closer to their constituents, and to level the playing field in House elections. Create a Continuity of Government procedure to provide for replacement Senators and Congresspeople in the event of extensive deaths or incapacitation. Allow men and women not born in the U. Eliminate lifetime tenure for federal judges in favor of non-renewable year terms for all federal judges. Write a new constitutional article specifically for the politics of the American system.

Adopt a regional, staggered lottery system, over 4 months, for Presidential party nominations to avoid the destructive front-loading of primaries. Mend the Electoral College by granting more populated states additional electors, to preserve the benefits of the College while minimizing the chances a President will win without a majority of the popular vote.

Reform campaign financing by preventing wealthy candidates from financing their campaigns, and by mandating partial public financing for House and Senate campaigns. Adopt an automatic registration system for all qualified American citizens to guarantee their right to vote is not abridged by bureaucratic requirements.

Create a Constitutional requirement that all able-bodied young Americans devote at least 2 years of their lives in service to the country.

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