Text of proposed
FREE MARKETS AMENDMENT
ARTICLE 28 (or alternate
number to be assigned by Congress)
Section 1.
It is the right of citizens to enjoy their pursuit of happiness in an economy
that is governed by free market principles in which the distribution and cost of
goods and services are coordinated by supply and demand unhindered by burdensome
external regulations or otherwise controlled by the State or monopolies. This
right is foundational to a free people and must not be violated by the State.
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Section 2.
To secure the rights of citizens it is prohibited for the State, or any agency
of the State, to inhibit or prohibit the exercise of free market principles.
The establishment and growth of public and private businesses must not be
restricted based on political motivation or unreasonable regulations that
inhibit the furtherance of economic growth.
Section 3.
It is further prohibited for the State to impose on businesses or industries
restrictive laws or regulations that interfere with the establishment,
development and operations of any public or private business without first
showing that there is a clear and present danger to public health or safety and
without securing a Court order from the appropriate jurisdiction.
Notwithstanding, all parties shall have available to them recourse through
appellate review.
Section 4.
The Article, once ratified by three
quarters of the State Legislatures, supersedes in precedence and law all
existing laws and regulations, including Court decisions. It shall become part
of the United States Constitution 90 days from the date of its ratification.
Section 5.
To secure the rights of citizens the provisions of this Article shall govern
free market policies for the United States. 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 6.
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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