Friday, July 3, 2009

Constitutional Law and the Burden of Proof

If the Constitution heavily limits the Congress (and it does), it stands to reason that, rather than assuming a Law is Constitutional (and therefore legal) until it is struck down by the Supreme Court (i.e. that the law is innocent until proven guilty), we ought to assume that a Law is invalid, unconstitutional, and therefore of no force, until it is proven otherwise. (i.e. the law is assumed guilty until proven innocent.)

To this end, it is my recommendation that three amendments be made to the Constitution, the first lifted verbatim from the Constitution of the Confederate States, Article 1, Section 9, Clause 20. For the third one, credit for the idea goes to Ron Paul, but the words are mine. Here they are:

  1. Every law, or resolution having the force of law, shall relate to but one subject, and that shall be expressed in the title.
  2. Any law, or resolution having the force of law, can be repealed by the request of two-thirds of the State legislatures, or of three-quarters of the People. In cases where the law required a two-thirds or more vote to pass, the law may be repealed by the request of one-half of the State legisltatures, or one-half of the People.
  3. Any law, or resolution having the force of law, must include, as part of it's preamble, a defense of it's Constitutionality.

Currently, the burden of proof is laid on the People, or the States. We must prove a law to be unconstitutional before it is invalidated. Furthermore, we must do so in Federal Court. True, the Constitution, Amendment 1, provides the right to Petition the Government for Redress of Grievances. However, said Petitions have been routinely ignored, and the only way to enforce them is for the People to sue or commit violence, and for the States to sue or secede from the Union.

Being a peaceful people who recognize and enjoy the benefits of our peaceful Union and lawful society, who therefore desire to reserve violence or secession as a last, desperate resort once all else has failed, I think it best to provide, in the Constitution itself, a way for the People and the States to directly enforce the limits the Constitution places on the Federal Government -- a way that does not rely on the Federal Government itself to be enacted (i.e. the Federal courts). Thus these Amendments.

Let me know what you think, or how these Proposed Amendments might be improved. Also, if you have any other Proposed Amendments, include them in the comments.

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