TCOT (The Top Conservative on Twitter Website) has an rticle about the Bill of Federalism; a series of Ten Amendments to the Constitution.
drafted by Professor Randy Professor Barnett, working with the assistance and support of The Nationwide Tea Party Coalition. Professor Barnett will use the public comments posted here in developing a final document. This final document will be presented to supportive state legislators in all 50 states, with the idea that they will use it as a “template” in drawing up bills to petition Congress to convene a Constitutional Convention to pass the ten amendments that comprise “The Bill of Federalism”.
Upon the passage of these amendments by either a specially convened Constitutional Convention, or by Congress itself, “The Bill of Federalism” will be submitted to all 50 states for ratification. Upon ratification by 3/4 of these states, the ten amendments that comprise “The Bill of Federalism” will become part of the United States Constitution.
[The Bill of Federalism]
Article 1 [of Amendment 1] — [Limits of Federal Power]
Congress shall make no law nor delegate any authority, pursuant to its powers in the eighth section of article I, respecting any activity confined within a single state, regardless of its effects outside the state or whether it employs instrumentalities therefrom; but Congress has power to reasonably regulate pollution between one state and another, and to define and provide for punishment of offenses constituting acts
of war or violent insurrection against the United States.
Article 2 [of Amendment 2] — [Unfunded Mandates and Conditions on Spending]
The legislative power shall not be construed to allow Congress to impose upon a State, or political subdivision thereof, an obligation or duty to make expenditures unless such expenditures shall be fully reimbursed by the United States; nor shall the legislative power be construed to allow Congress to place any condition on the expenditure or receipt of appropriated funds unless the requirement imposed by the condition would be within its power if enacted as a regulation.
Article 3 [of Amendment 3] — [Reserved Powers of States]
Subject to the requirements of Article VI, every state has the power to regulate or prohibit any activity that takes place within its borders, provided that no state regulation or prohibition shall infringe any enumerated or unenumerated right, liberty, privilege or immunity recognized by this Constitution.
Article 4 [of Amendment 4] — [Recision Power of States]
Upon application of the legislatures of two thirds of the states, any law, regulation or order of the United States shall be rescinded.
Article 5 [of Amendment 5] — [No Federal Death Tax]
Congress shall have no power to lay and collect taxes upon personal gifts or estates.
Article 6 [of Amendment 6] — [No Federal Income Tax]
The sixteenth article of amendment to the Constitution of the United States is hereby repealed, and Congress shall have no power to lay and collect taxes upon personal incomes, consumption or expenditures, but nothing in the Constitution shall be construed to deny Congress the power to lay and collect an excise or sales tax that is uniform throughout the United States. This article shall be effective five years from
the date of its ratification.
Article 7 [of Amendment 7] — [Term Limits for U.S. Senators and Representatives]
Section 1. No person who has been elected or served for a full term to the Senate two times shall be eligible for election or appointment to the Senate. No person who has been elected for a full term to the House of Representatives six times shall be eligible for election to the House of Representatives.
Section 2. No person who has served as a Senator for more than three years of a term to which some other person was elected or appointed shall subsequently be eligible for election to the Senate more than once. No person who has served as a Representative for more than one year shall subsequently be eligible for election to the House of Representatives more than five times.
Section 3. No election or service occurring before this article becomes operative shall be taken into account when determining eligibility for election under this article.
Article 8 [of Amendment 8] — [Balanced Budget Veto]
Section 1. For purposes of this article, the budget of the United States for any given fiscal year shall be deemed unbalanced whenever the total amount of the debt of the United States held by the public at the close of such fiscal year is greater than the total amount of the debt of the United States held by the public at the close of the preceding fiscal year.
Section 2. If the budget of the United States is unbalanced for any given fiscal year, the President may separately approve, reduce or disapprove any monetary amounts in any legislation that appropriates or authorizes the appropriation of any money drawn from the Treasury, other than money for the operation of the Congress and judiciary of the United States, and which is presented to the President during the next
annual session of Congress.
Section 3. Any legislation that the President approves with changes pursuant to section 2 of this article shall become law as modified. The President shall return with objections those portions of the legislation containing reduced or disapproved monetary amounts to the House where such legislation originated, which may then, in the manner prescribed under section 7 of Article I for bills disapproved by the President, separately reconsider those reduced or disapproved monetary amounts.
Section 4. The Congress shall have the power to implement this article by appropriate legislation.
Section 5. This article shall take effect on the first day of the next annual session of Congress following its ratification.
Article 9 [of Amendment 9] — [Protecting the Rights Retained by the People]
The rights of citizens of the United States include all the enumerated and unenumerated liberties, and privileges recognized by this Constitution. Nothing in this constitution shall be construed to create any conclusive or irrebuttable presumption that a law, regulation, or order of the United States or of a State does not infringe such rights. In any case or controversy in which an abridgment of such rights is alleged, no party shall be denied the opportunity to introduce evidence or otherwise show that a law, regulation or order is an unreasonable restriction on such rights and therefore is unconstitutional.
Article 10 [of Amendment 10] — [No Judicial Alterations of the Constitution]
This ought to stir up some dust!
On first glance these seem to be pretty good and substantiative amendments; righting a LOT of the things wrong with the “interpretations” of the Constitution. Take a second to look them over, and then join in the webcast HERE on Pajamas TV today (Monday April 27) LIVE at 6pm EDT, 3pm EDT (5pm Texas Time).