Below is a comprehensive Constitutional Amendment for Judicial Reform.

Please pay special note to the voting margins required and the word choice and order that provides Constitutional sanctions against those bodies that would undermine and delay the process of appointments and settlement of State grievances to federal encroachment.

As this proposal would provide specific limitation on the Federal Courts and assumed the proper Rights secured to the States by the 10th Amendment to the Constitution, it can be expected that no federal entity will entertain this thought. It will then be the responsibility of Article V to govern and the State Legislatures or Constitutional Conventions to debate, submit and ratify this proposal.

It was not my intent that this attempt should be so voluminous, but as the meat was added to the bones, it became necessary to properly assert the 10th Amendment and provide a comprehensive plan. I hope you will find it complete and worthy of your esteem even though it has not been created by a lawyer!

(Proposed) Amendment 28 – Judiciary Checks and Balances

“We the People” do hereby amend Article III of the United States Constitution whereby the United States Constitution may be secured by and for the People through the correction of Judiciary opinion and selection of duly qualified Federal Justices.

1. Whereas, “original intent of the United States Constitution” is hereafter defined as the embodiment of the Founding Documents beginning with the venerable Mayflower Compact and extending that foundational principle as articulated through the various Constitutions of the several States, The Declaration of Independence, and The Articles of Confederation to the intent of this United States Constitution as presented in both the Federalist and Anti-Federalist Papers such that the restriction of abuses and injuries and liberties secured therein are perpetually upheld by and for the People.

2. Whereas Federal Justice is hereafter defined as all appointed judges to the Supreme Court, Courts of Appeal, District Courts and Court of International Trade and any Federal Court hereafter established by Congress under Article III of this Constitution.

3. Whereas, all joint sessions of Legislatures under this amendment shall be convened with 100% attendance being compulsory upon the Legislature, except that any member that shall be incapacitated or otherwise unavoidably detained by force shall be exempt, unless they request and the joint session shall approve by a three-fourths vote to postpone the vote until all members shall be present, and all members shall solemnly register “YEA” or “NAY”, these alone being the admissible votes with all others strictly prohibited, and failure of the Legislature to act with a definitive vote on behalf of the original intent of the United States Constitution as defined by Clause 1, Section 1, which is the Will and solemn responsibility of the People to uphold being the inheritance of both themselves and their progeny, shall be a violation of solemn duty and public trust and hereafter a “high crime and misdemeanor.”

Correction of Judiciary Opinion by the Legislature with the consent of the Executive and concurrence of the People through their duly appointed State Legislatures shall be attended to by the named procedure:

1. Whereas, a joint session of same or similar Legislative Committees shall review the majority and dissenting opinions made and interview all Federal Justices and, by the rules of Congress for presentation of motions, shall prepare, present and publish the proceedings of all such inquiries for public review not later than sixty days prior to the scheduled overriding vote in the joint session of Congress stating:

a. The Constitutional power under which the Legislature is authorized override power

b. The Constitutional liberty which the Judicial Opinion is presumed to violate

c. The original intent of the Constitution as defined by Clause 1, Section 1 of this amendment

d. The positive statement of Constitutional liberty authorized and being protected by the override of the Judicial Opinion such that future generations might be secured from further attempts of abuse and injury

2. Whereas the Legislature and Executive acting as the representative body of the People having being duly elected by the same, an overriding vote conducted according to Clause 1, Section 2 of this amendment with three-fourths of the joint session of Congress and subsequent concurring vote of the Executive being required within thirty days of receipt, the Judicial Opinion under review may be temporarily overridden as violating the original intent of the United States Constitution as defined by Clause 1, Section 1.

3. Whereas the Legislature shall submit a referendum to the State Legislatures and publish joint session vote results and all proceeding and inquiry results for public review not later than sixty days prior to the required reply date to the referendum.

4. Whereas the several State Legislatures, being the duly elected representatives of the People of the State, having received the referendum of the Legislature of the United States shall meet as prescribed by Clause 1, Section 2 whereby two-thirds of the members and thereafter two-thirds of the several State Legislatures shall be required to ratify the referendum and secure the override of the Judicial Opinion as a violation of the original intent of the United States Constitution as defined by Clause 1, Section 1.

Whereas “We the People” do hereby amend Article III of the United States Constitution whereby checks and balances for the appointment and reappointment of Federal Justices might be secured by the Legislature with the consent of the Executive and concurrence of the People through their duly appointed State Legislatures shall be attended to by the named procedure:

1. Whereas the Senate shall review and interview all Federal Justice nominees made by the Executive and shall recommend to the Executive continued suitability of sitting Justices as determined by a joint session of Congress convened in accordance with Clause 1, Section 2.

2. Nominees status during the referendum procedure:

a. Temporary

i. Acts with full authority as a permanent Justice except where the sitting Justice occupies the position for which the nominee is selected and except where the balance of votes of an opinion could be contrary should all temporary Justices be rejected by the State Legislatures in which case these opinions only shall be held as “Pending” until such time as a permanent Justice is approved by the State Legislatures through a vote as prescribed by Clause 1, Section 2.

ii. Opinions “Pending” shall be reviewed and temporary Justice votes replaced by permanently appointed Justices within thirty days of assuming office to establish the final majority opinion. All permanent Justice votes shall remain without modification during the “Pending” and final voting procedure of the newly appointed Justice at which time any change to majority or dissenting opinions shall be made.

iii. Vote results where the majority-dissenting relationship would not be altered by a change to any or all temporary Justice votes shall stand as if the temporary judicial nominee(s) were permanent and will not be reviewed or changed by permanent judicial appointees.

b. Sitting Justices

i. Shall remain permanent through the end of their term and then be considered temporary unless they should in the course of review be impeached

ii. On the first day of January of the term expiration year shall:

1. Have their conduct during office and all votes and opinions reviewed by the Legislature not later than ten months prior to the expiration of their term to determine compliance with Clause 1, Section 1.

2. Be interviewed by the Legislature to determine suitability for continued service on as a Justice

3. The Senate shall, not later than seven months prior to the expiration of term and by a two-thirds vote under the attendance provision of Clause 1, Section 2, provide to the Executive that the Justice be recommended for either:

a. Reappointment to the bench to serve a subsequent term as limited by this amendment OR

b. Removed from consideration for further appointment with a statement of causes for such removal or immediate impeachment, which recommendation and causes the Executive shall review and either:

i. Concur or reject the recommendation of the Legislature and return the decision to the Legislature within thirty days of receipt

ii. The Executive, upon concurrence with a removal action or notification of a vacancy to the bench, shall nominate a new Justice not later than three months after a vacancy is determined such that decisions before the bench shall not be delayed; furthermore, failure of the Executive and Senate to provide an initial referendum to the State Legislatures for a judicial appointment within six months shall be a violation of solemn duty and public trust and is hereafter a high crime and misdemeanor; furthermore, any recommencement of the nomination process shall be subject to the six month requirement for a referendum.

iii. The Senate may override an Executive decision by a subsequent three-fourths vote under the attendance provisions of Clause 1, Section 2; otherwise the decision of the Executive shall stand and the Legislature shall prepare a minority opinion for consideration by the State Legislatures.

4. The Senate shall submit a referendum to the State Legislatures and publish all vote results and all proceeding and inquiry results including minority opinions, as applicable, for public review not later than sixty days prior to the expiration of the term of office for a sitting or replacement Justice OR not later than sixty days prior to the established reply date to the appointment referendum.

5. Whereas the several State Legislatures, being the duly elected representatives of the People of the State, having received the referendum of the Senate of the United States shall meet as prescribed by Clause 1, Section 2 whereby two-thirds of the members and thereafter two-thirds of the several State Legislatures shall be required to ratify the referendum and secure the appointment of the Federal Justice in accordance with the nominees commitment to uphold the original intent of the United States Constitution as defined by Clause 1, Section 1; otherwise the appointment shall be considered void and new nomination and appointment proceedings shall commence.

Clause 3: Term of Office

1. The term of office of a duly appointed Justice shall be ten years commencing on the 1st day of January immediately following referendum approval by the State Legislatures.

2. The expiration of the term of office for existing Justices at the time of the ratification of this amendment shall be the on the 31st of December of the year in which a 10-year increment of service is completed.

Clause 4: States Rights to Affirm or Reject Justices

1. Whereas the rights of the several States, being the duly elected representatives of the People of the State, to demand a redress of grievances by direct appeal to the Supreme Court of the United States in matters of infringement upon State Sovereignty resulting from Judicial Opinion of the federal government shall not be infringed

2. Whereas the States, being the duly elected representatives of the People of the State, by a vote of three-fourths of the members of the State Legislature conducted in accordance with Clause 1, Section 2 and with the concurrence of the Executive of the same shall hereafter maintain the right to prepare a Special Election recall of Federal Justices with jurisdiction of a single state

3. The federal districts shall be confined to a single State except where the affected States by a vote of three-fourths of the members of each State Legislature conducted in accordance with Clause 1, Section 2 and with the concurrence of the Executive of the same States shall assent districts in multiple states; the rights of the States to reverse this decision shall not be infringed.

4. Whereas the States, being the duly elected representatives of the People of the State, by a vote of three-fourths of the members of the State Legislature conducted in accordance with Clause 1, Section 2 and with the concurrence of the Executive of the same and thereafter three-fourths of the several States shall hereafter maintain the right to initiate impeachment proceedings of Supreme Court Justices based on violation of Clause 1, Section 1 whereby the Executive and Legislature of the United States shall provide for the impeachment proceedings of the identified Justice within thirty days or themselves be found in violation of Clause 1, Section 1 and be subject to impeachment.

Clause 5: The Congress shall have power to enforce this article by appropriate legislation only when such legislation is authorized by the People through referendum presented during General Election whereby two-thirds of the popular vote shall be required to secure the legislation as the Will of the People.