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Press Release April 30, 2013


CHARLES KACPROWICZ 

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   Charles Kacprowicz

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Authority Author: CHARLES KACPROWICZ

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Text of proposed
ENERGY RESOURCES 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, nuclear, solar, wind, water and any other resource that can be utilized or in the future will be utilized to meet America’s energy needs.

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Section 3. It is further prohibited for the State to impose on any energy producing entity (including individuals, companies or organizations) unreasonable laws or regulations that inhibit or prohibit the exploration and/or development of energy 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 producing entity without a Court order from the 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 producing industry. 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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Article V Analysis From the Articles of Confederation to the Constitution


 

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