Proposed Constitutional Amendment

[MarkD]

I know it doesn't stand a snowball's chance in Hades, but....

Upon passage of this amendment:
Upon the Supreme Court of the United States finding that a Federal law is Un-Constitutional the following shall take place:

1) All members of the House of Representatives and Senate who voted in favor of that law's passage shall be immediately removed from any elected, appointed or hired position they currently hold in the Federal Government, even if different from that which they held at the time of the law's passage.

2) If the President at the time of the bill's passage signed it into law, he or she shall be impeached and removed from office if still in office.

3) If the President at the time of the bill's passage vetoed the bill he or she shall have no action taken.

4) If the bill was vetoed, all members of the House of Representatives and Senate who voted to override the veto shall likewise be removed from current office, even if different from that held at the time of passage. This is in addition to those affected by item 1 above.

5) All members of the House of Representatives, and Senate who voted in favor of passage, and the President who signed it (if applicable), shall be permanently ineligible for any elected, appointed or employed position within the Federal government and they shall forfeit all pensions and benefits of their former position(s). Pensions already collected must be repaid in full.

6) Speaking fees, honorariums, donations, salaries and other income of persons affected above shall be taxed at 90%.

7) The sole exception to the above will be for laws found Un-Constitutional on the basis of Amendments ratified after passage of the law in question.

IANAL, so I probably missed a few things, but I think it's a good start.

It's also tempting to go after Federal folks who enforced the Un-Constitutional law too, but for now I'll settle for giving the jackwagons reason to think twice before passing laws that violate the Constitution.

[g-man]

Agree with the sentiment. However,

Law of unintended consequences: Assume any rules passed will be used against you, HARD. EG: the 'nuclear' option for passing bills over filibuster. Democrats passed it, and were warned, but then were shocked, shocked I tell you... when it was used against them. This is all well and good during the lives of the current set of justices, who (mostly) slant constructionist. However, given the possibility of a court swing, or court packing, just imagine what might be construed as unconstitutional in the future.

I think we'd be better off just working to get stuff like the 16th and 17th repealed, a la the 21st. Of course the only way this happens is through the CoS effort, 'cause it sure as hell ain't coming from Congress.

[MarkD]

Agree with the sentiment. However,

Law of unintended consequences: Assume any rules passed will be used against you, HARD. EG: the 'nuclear' option for passing bills over filibuster. Democrats passed it, and were warned, but then were shocked, shocked I tell you... when it was used against them. This is all well and good during the lives of the current set of justices, who (mostly) slant constructionist. However, given the possibility of a court swing, or court packing, just imagine what might be construed as unconstitutional in the future.

I think we'd be better off just working to get stuff like the 16th and 17th repealed, a la the 21st. Of course the only way this happens is through the CoS effort, 'cause it sure as hell ain't coming from Congress.

Agreed, except it puts some skin in the game regarding passing laws, because you may have to answer for it down the road. Fewer laws passed, fewer ways the gov messes with the citizens. Soon Congress meets for a month every other year I call that a win.

[MiddleAgedKen]

I'm with g-man on this one. Like the sentiment, but all kinds of potential for misuse. Trying to solve a personnel problem with a process solution never ends well.

[Vonz90]

So when DOMA (or some other popular conservative law) is found unconstitutional, as a bonus the left rids itself of all conservative competition.

I will pass on this.

[Precision]

Something that borrows heavily from preemption law violation penalties, that has a slight chance of passage.
Edited to add thanks NPR

Upon passage of this amendment:
Upon the Supreme Court of the United States finding that a Federal law is Unconstitutional the following shall take place:

1) All members of the House of Representatives and Senate who voted in favor of that law's passage shall be held personally liable for associated court costs in overturning the law. Any deceased lawmaker's portion shall be apportioned to the remaining favorable voters. This penalty payment will be divided 50/50 between the plantiff's legal representatives and those found to have been injured by passage of the law. All payments must be concluded within 365 days of the law being found Unconstitutional. All wages earned for the elected position shall be garnished first to fulfill the debt. If insufficient, the official is on his own to arrange payments. Any elected official who does not pay in full within the 365 day time frame will be shall be terminated from all official duties promptly at midnight of the missed payment deadline. All salaries, privileges and perks of the office are also terminated (less security detail if previously needed). A special election will be held to fill the vacated position within 45 days of the termination date. Any member who voted against or abstained will have zero repercussions for the passage of the law.

2) If the presiding President signed it into law, he or she shall be considered as 3 people in view of the personal liability for associated court costs. This includes a passive allowance of the bill to become law without signature.

3) If the President at the time of the bill's passage vetoed the bill, he or she shall have no action taken.

4) If the Vice President acts as the tie breaking vote for passage, he shall be considered 2 people in view of the personal liability for associated court costs.

5) If the bill was vetoed, then overridden, all members of the House of Representatives and Senate who voted to override the veto shall pay a 50% premium to the penalty payment. One hundred percent of this additional penalty shall be divided among the injured parties. None of this money shall be paid to attorneys. It is possible to be affected by item one and not item two or item two and not Item one. In the case of the first, the penalty shall be 150%. In the case of the second, it will be 50%.

6) All members of the House of Representatives, and Senate who are affected by this Amendment shall pay all penalties from their personal funds. Should it be found that a donor, a business (even their own), the legislature itself, or any other person, (true or corporate) or any other entity paid so much as one penny of the penalty ; the elected official shall be suspended from all official duties within 36 hours of reporting of solid evidence of wrongful payment. All salaries, privileges and perks of the office are also suspended (less security detail if previously needed). Upon verification in court, the suspension of official duties and privileges shall be made permanent. The title and office shall be permanently removed with all benefits and responsibilities, as if they had never held the office. They are then permanently banned from holding any manner of Federal employment, elected, appointed or within the civil service. This will also permanently remove from them, the ability to act as a federal lobbyist, directly or indirectly.

7) Speaking fees, honorariums, donations, salaries and other income of persons affected that result from being a federal politician shall receive an additional flat tax of 25% above any other taxes they owe on income. This tax will be used 100% to recompense those injured parties to the Unconstitutional Law. None of these funds shall be paid to attorneys.

8) Any time a law is found Unconstitutional, all successful pay raise votes from 18 months prior to 18 months after shall be null and void. Any payments made prior to being found Unconstitutional shall be repaid based on current IRS debt calculations.

8) The sole exception to the above will be for laws found Unconstitutional on the basis of Amendments ratified after passage of the law in question.

[Netpackrat]

Add that there can be no general pay increase for congress in any year that a law is found to be unconstitutional. Otherwise they can just vote to up their pay to compensate. It should also help put some backbone into the opposition to unconstitutional bills.

[Precision]

Add that there can be no general pay increase for congress in any year that a law is found to be unconstitutional. Otherwise they can just vote to up their pay to compensate. It should also help put some backbone into the opposition to unconstitutional bills.

Not a bad idea.

[BDK]

A) Almost everyone wants a balanced budget amendment, and we cannot get that.

B) Single-subject enrolled bill doctrine, and mandatory reading days would do quite a bit.

C) IMO, so would bumping up Congress and Presidential pay to Fortune 500 levels. We need talent, they really are demanding jobs, so lets pay what it costs for intelligent, bright people to do demanding jobs, and get people who want the job for the pay, rather than the twisted bastards who want the job for their own ego.

[g-man]

Or, pay them enough that we can also require that they get no income from any other source, ever. No book deals, they're not allowed to be a trustee to any family trust, etc, ad nauseum. The jerkwads that are in it for their ego are bad, the ones who are in it for the graft opportunities are much, much worse.