Chris Yuhas Blog: True Economics and Politics

Amendment giving the 10th Amendment Teeth?

Posted in Politics by Christopher Yuhas on October 19, 2010

“[The States] alone being parties to the [Federal] compact… [are] solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party but merely the creation of the compact and subject as to its assumptions of power to the final judgment of those by whom and for whose use itself and its powers were all created and modified.”
– Thomas Jefferson: Draft Kentucky Resolutions, 1798. ME 17:387

There are surely violations of State and Individual Rights by the Federal Government that are ongoing and blatant. Health-care, banker bailouts, the PATRIOT Act, and many others make that list, including the Federal Government pledging to prosecute Californians who choose to use cannabis if approved by the States voters in Proposition 19.

The Constitution was created by the States, and the Federal Government was granted its power from the MORE powerful States. This is Affirmed by Article 5 of the Constitution that reads:

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

States can modify the Constitution without any Federal input. That clearly shows that the Federal Government is INFERIOR to the sovereign States.

We fight for the 10th Amendment and State rights of Nullification, the process of dismissing unconstitutional Federal Law, but how will this ever be upheld by a VERY biased Supreme Court or Lower Court.

These Federal justices, although appointed for life, were appointed by the Federal Executive AKA President of the US, Confirmed by the Federal Legislative Upper House AKA Senate of the US, and ARE part of the Federal Government that was granted power by the States. Now with this bias, how can we honestly say that even with a lifetime appointment that any Federal Court would interpret the Constitution, created by the States, the way the States intend it should be interpreted. The Supreme Court of the United States granted itself the authority to interpret the Constitution, in Marbury vs. Madison. Fat chance of fairness of the Federal Courts when the Federal Government is a party!

The first response to that would be to create an Amendment to correct a specific problem were having with the Federal Government. The next question is how many problems are there? Too many to count in my opinion. But why are there so many? There are so many because the Constitution is being interpreted by the very people that were intended to be limited by it. TAKE THE POWER OF INTERPRETATION OF THE CONSTITUTION AWAY FROM THE FEDERAL COURTS.

I believe we need a court, SUPERIOR to the Supreme Court of the United States, interpreting the Constitution on behalf of the very States that created it. Here is a model amendment I came up with to propose how we should put the interpretive powers back with the States:

United States Court of Constitutional Interpretation

Section 1 – Establishment

The United States Court of Constitutional Interpretation is hereby established.

Section 2 – Powers

The United States Court of Constitutional Interpretation’s judicial power shall be Superior and extend to all Federal Courts, including the Supreme Court of the United States. The USCCI, or by request of ½ of the State Legislatures, shall have the exclusive power of original or appellate jurisdiction of any case in Federal Courts.

The USCCI and its decisions shall supersede all Federal Court decisions and shall be case law for Federal Courts to follow.

The President of the United States, the United States Congress, the Supreme Court of the United States, and all Branches of the United States Military shall be bound, subservient, and shall enforce the USCCI’s rulings.

Section 2 – Limitations of Powers

The USCCI shall have no original jurisdiction over cases of individual State matters, unless the United States shall be a party.

The USCCI shall interpret this Constitution and its Amendments, in reasonable context and reasonable definition, of the year in which the Constitution or the Amendment was ratified by the States.

The USCCI shall not interfere with the right of a States Convention, unless the Convention, by a majority requests it. The USCCI may only advise a Convention and shall have no legal power over it.

The USCCI shall be subservient to this Constitution.

Section 3 – Structure and Operation

Each State Legislature shall send 3 delegates of their choosing, to be Judicial Delegates of their State. Each Judicial Delegate shall have one vote. Each State shall determine criteria for the appointment of their Judicial Delegates. Each State, by the States criteria, may recall a Judicial Delegate. States shall determine terms and term limits of their Judicial Delegates.

Each State shall have each delegate swear or affirm allegiance to their State and this Constitution, and each Judicial Delegate shall publicly denounce, nor take during their service, any title of Power, Status, Office, or Nobility granted by a foreign body, foreign State, or entity that has not sworn allegiance to this Constitution. A violation, determined by a trial conducted by the USCCI, will result in an immediate lifetime removal by more than 2/3 of the Judicial Delegates convicting or 2/3 State Legislatures may determine conviction or innocence after the Judicial Delegates trial; Lifetime removal may be overturned only by ¾ of the State Legislatures in agreement.

Every case heard may include unlimited Constitutional debate. Debate will come to a force vote, if 2/3 of Judicial Delegates or 2/3 of the State Legislatures, agree the debate shall end.

There shall be three Grand Justices of the Republic, elected by Judicial Delegates, that shall not vote, except in cases where a tie vote occurs. Grand Justices shall serve for life unless demoted by 2/3 of the State Legislatures or 2/3 of the Judicial Delegates vote, at which time, the State which the Grand Justice is from, will decide what 3 Judicial Delegates will remain in that State’s service.

The Grand Justices of the Republic shall determine what cases are brought before the USCCI. Cases shall be immediately prioritized for debate upon 1/2 of Judicial Delegates request or 1/2 of the State Legislatures request, of any matter within the USCCI’s Constitutional jurisdiction. In the event of a queue, a supplemental request of ½ of the Judicial Delegates or ½ of the State Legislatures shall determine the order in which matters are heard. State Legislature requests shall take priority over the Judicial Delegates requests.

Section 4 – Funding

The USCCI will request a budget with majority approval of State Legislatures. Costs shall be apportioned among the States.

Section 5 – Ratification

There shall be no time limit for State Legislatures to ratify this Amendment.

Section 6 – Definititions

United States Court of Constitutional Interpretation is also known as the USCCI.

Federal Courts include the Supreme Court of the United States and all inferior courts.

All input regarding this model Amendment will be appreciated and noted.