Text of proposed
ENERGY AND MINING AMENDMENT
ARTICLE 28 (or alternate number to be assigned by
Congress)
Section
1. It is the right of
citizens to enjoy the full use of America’s natural resources for the betterment
of their society, economy, personal pursuits and national defense. This right is
foundational to a free people and must not be violated by the State.
Section 2.
To secure the rights of citizens to fully enjoy and benefit from America’s
natural resources, the State is hereby prohibited from restricting, preventing
or otherwise interfering with the exploration, development or full utilization
of America’s natural resources which include, but are not limited to, crude oil,
natural gas, coal and other mining resources, nuclear, solar, wind, water and
any other resource that can be utilized or in the future will be utilized to
meet America’s energy and industry needs.
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Section 3.
It is further prohibited for the State to impose on any energy or mining entity
(including individuals, companies or organizations) unreasonable laws or
regulations that inhibit or prohibit the exploration or development of energy or
natural resources on private, State or Federal land whether offshore or onshore.
Section 4.
The State is further prohibited from enforcing any law or regulation that
adversely affects the operations of an energy or mining entity without a Court
order from an appropriate jurisdiction. Notwithstanding, all parties shall have
available to them recourse through appellate review.
Section 5.
The Article, once ratified by
the States, supersedes in precedence and law all existing laws and regulations
(including Court decisions) affecting the energy and mining industries. It shall
become part of the United States Constitution 90 days from the date of its
ratification by the States.
Section 6.
To secure the rights of citizens the provisions of this Article shall govern
energy policies for the United States of America. Any elected government
official who intentionally obstructs the enforcement of the provisions of this
Article will have committed an impeachable offense and will be subject to
criminal prosecution and upon conviction serve up to five years in prison for
each violation. Non-elected members of the United States Government, and private
organizations, and individuals who intentionally obstruct the enforcement of
this Article will have committed a criminal offense and upon conviction serve up
to five years in prison for each violation. The United States Department of
Justice shall be charged with the responsibility for prosecuting violators of
the provisions of this Article. Individual States shall have authority to
prosecute violators under State laws in the absence of Department of Justice
prosecution.
Section 7.
The provisions of this Article are enforceable within the United States which
shall include the Several States, the District of Columbia, and the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana Islands and the
territories and possessions of the United States.
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