Text of proposed
STATES RIGHTS AMENDMENT
ARTICLE 28 (or alternate number to be assigned by Congress)
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Section 1.
America’s constitutional history and historical experience is unique among
nations and revered by the American people. Because we are a Constitutional
Republic as mandated in Article IV, Section 4, of the United States
Constitution, this Article protects and reaffirms States Rights that have been
eroded by Congressional statutes, Judicial decisions, Executive Orders and
regulatory rulings.
Section 2.
In order to restore the true
character and sovereignty of our Constitutional Republic, it is hereby
established that State Legislatures in the several States can countermand
Congressional statutes, Judicial decisions, Executive Orders and regulatory
rulings when a majority of the State Legislatures in the several States decide
that the law or ruling is not in their States interest. .
In such cases, the countermand decisions from each State shall be delivered by
each respective State to the leadership of both Houses of Congress, the Chief
Justice of the United States Supreme Court, the President of the United States
and when applicable the Regulatory Agency in question. When a majority of State Legislatures countermand
a law or regulatory ruling, the law or ruling in question will be immediately
and automatically nullified and repealed. The State Legislatures shall have
six months to complete their countermands. If a majority of the State
Legislatures do not countermand by the end of six months, the Congressional
statute, Judicial law, Executive Order, or regulatory ruling will remain in full
effect. Notwithstanding, Section 3 will remain an option for State Legislatures
if they decide the law or ruling is onerous to their States interest after it
has been enacted.
Section 3.
Existing laws and regulatory rulings can be nullified and repealed with a
countermand from two thirds of the State Legislatures in the several States.
When two thirds of the State Legislatures countermand an existing law or
regulatory ruling it will be nullified and repealed after 6 months from the date
the countermands are delivered to the leadership of both Houses of Congress,
the Chief Justice of the Supreme Court, the President of the United States and
when applicable the Regulatory Agency in question.
Section 4.
Any elected government official who intentionally obstructs and/or prevents 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. Any non elected government official, or an individual
who has been appointed to a government position, who intentionally obstructs
and/or prevents the enforcement of the provisions of this Article will have
committed a criminal offense and upon conviction serve up to five years in
prison. Non government individuals or principals of any private entity who
intentionally obstructs and/or prevents the enforcement of this Article will
have committed a criminal offense and upon conviction serve up to five years in
prison. 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 5.
This Article shall be immediately part of the United States Constitution upon
ratification by three quarters of the State Legislatures in the several States
and shall supersede and take precedence over all prior regulations, statutory
law and case law relating to States Rights.
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.
For a PDF copy of the States Rights Amendment click link:
States Rights
Amendment pdf
For a PDF copy of the Delegate Resolution for the States
Rights Amendment click:
Delegation Resolution States Rights Amendment pdf
Delegate Resolutions
Controlling the Single Issue Federal Convention
Article V Analysis
From the Articles of Confederation to the Constitution
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States Rights
Amendment Book
