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5677 March 8, 2003 (7:34pm).
Lawyerdude’s Unprioritized list of
Proposed Amendments to the Bill of Rights
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Lawyerdude’s Unprioritized list of Proposed Amendments to the Bill of Rights
28th Free travel amendment: All persons shall be free to use all public roads without regard to driver license, car registration, insurance or any other state entanglement. As to toll roads, any person shall be permitted to use a toll road without paying the toll by filling out an affidavit of indigency.
29th amendment. Adversary hearing before search. In any case where a search warrant is proposed, the search shall not be conducted prior to an adversary hearing. All affected persons shall be appointed competent counsel. The place to be searched shall be secured pending the outcome of the hearing. The outcome shall be subject to immediate appeal prior to the search.
30th amendment. No search warrant shall issue for mere evidence unless the evidence is specifically described and probable cause has been ascertained at an adversary hearing.
31st amendment. All laws shall have appended to them the reason for the law. Lord Coke said "Reason is the life of the law". The reasons are needed to interpret the law.
32nd amendment. There shall be no prosecution of a victimless crime. The dignity of the state is not a basis for a criminal prosecution.
33rd amendment. No person shall me arrested at the mere whim of an officer. The arrest must be authorized by a victim unless the victim is unable to authorize it due to death or incapacity.
34th amendment. All speed limits on freeways and roads fenced off from children shall be replaced by the "prudent" standard.
35th amendment. No criminal prosecution shall proceed without a sworn oath of the victim or the victim's representative.
36th amendment. There shall be no prosecution of traffic offenses absent personal or property injury or death.
37th amendment. There shall be no statute of limitations on civil rights cases.
38th amendment. In all criminal prosecutions the defendant shall have the assistance of counsel to pursue a civil rights action against the prosecutor in the event of acquittal.
39th amendment. The defendant in a criminal prosecution shall be entitled to argue the fairness of the statute.
40th amendment. In all extraditions, the defendant shall be entitled to a ride home if he is acquitted.
Here is some other stuff that people have talked about for amendments:
More Recommendations to the constitution.
There shall be no judicial immunity nor prosecutorial immunity! The privileges and immunities of citizens shall be honored and include immunity from prosecution for having committed constituionally protected acts such as speech, press, association, and petition.
Repeal the federal reserve system. Actually an amendment is not needed. This can be done by mere legislation. However, some banking goals and principles bear constitutional memorialization.
Repeal the Seventeenth Amendment (The "Direct Election" of Senators). Give only one senator to those small several states known as the stupid states.
Fix the house of representatives so that our representation is not diluted. Bring it back to 1 representative for every 10, 000 people. They won’t fit in the room. So what. Make a bigger room or connect them online.
Fix the “public debt shall not be questioned” section of the 14th amendment
"The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned."
Shall not be questioned? Shall not be questioned?
New Amendment: Jury Enforcement of the Bill of Rights
The Bill of Rights is no good if it's not enforced. Without the confusing Fourteenth Amendment, we will need some way to protect Americans from state, as well as federal, tyranny. But trusting the government to protect us from the government is absurd, and has proven a disaster.
Jurors, with their veto power over unjust laws, are the last check on an abusive government, but fully informed juries have long been things of the past. I suggest this amendment:
"In all criminal prosecutions in which the law in question contradicts the principles of the Bill of Rights, jurors shall acquit.
"In all criminal prosecutions in which the government has violated the Bill of Rights to obtain evidence or to establish a conviction, the case shall be dismissed.
"In all criminal prosecutions in which the injured party is a government official who violated the Bill of Rights protections of the accused, such violation will be admissible as an affirmative positive defense for the accused.
"Jurors will be instructed of this amendment in all criminal prosecutions, or else the sitting judge will be guilty of violations of the Bill of Rights, and subject to all the provisions of this amendment.
"Congress will have no authority to legislate on this matter."
Peace Amendment
"All acts of war by the U.S. government, except in the repelling of an immediate invasion or attack, must be established through a Congressional Declaration of War, as well as a referendum of the popular vote. All citizens who vote for war must enlist in the military, and finance the war on their own.
"In repelling immediate invasion or attack, the federal government may only act within foreign countries for one week without an official Declaration.
"At times of official peace, the decision to aid, assist, or oppose any foreign government or revolutionary movement will be reserved to the people, as individuals.
"The federal government will reduce its nuclear arsenal by fifty percent every year, and attempt through sincere diplomacy to have other countries to do the same. The construction by the government of any weapons of mass destruction is hereby prohibited."