Hospitals & Asylums
To Amend the
United States Constitution HA-26-7-09
Be it
proposed by two thirds of both Houses or two thirds of all States and ratified
by three fourths of States after the Democratic and Republican (DR) parties
have been dissolved
As Amended by the Standard
& Poor’s Debt Ceiling and Balanced Budget Amendment Crisis HA-16-7-11
The United States Constitution is one
of the oldest surviving democratic constitutions in the world today. By modern standards it is not a particularly
well written document, and pales by comparison to several that I have written
myself, the New Iraq Constitutional Elections (NICE), Draft Constitution for
a Korean Union (DCKU), United
Nations Charter Legitimate Edition (UNCLE) and
Constitution of the Hospitals & Asylums Non-Governmental Economy (CHANGE)
that directs the amendment of the U.S. Constitution in Chapter 8-D. The US Constitution is the supreme law of the
nation and after twelve years of independence the Constitutional Convention
unanimously agreed to the original text of the US Constitution on September 17,
1787. The Constitution and Declaration of Independence were both written by
Thomas Jefferson, who later became President.
Subsequently, the Constitution has undergone a series of twenty-seven
amendments beginning with the ten article long Bill of Rights in 1791. Amendments usually confer more rights to the
people, or to better regulate the elections or officials, the XIV Amendment is
unique in that it actually caused some repeals to the original Constitution
pertaining to the enumeration of (former) slaves.
To redress the disastrous state of
the record budget deficit, whose escalation undermines the general economy with
illegal and unaffordable market subsidies and a second national crisis
pertaining to a judicial slave trade, two new amendments are proposed, a
Balanced Budget Amendment to require the federal executive and legislature to
produce a balanced budget and a Justice of the Peace Amendment to set term
limits for federal judges and discipline the judiciary. To do the Constitution justice several
technical amendments shall be made under the Supremacy clause to both the
original constitution and amendments.
First, defunct time and money specific references to the immigration,
import and export laws in the original Constitution shall be repealed. Second, in the original constitution
reference to Revolutionary war debt shall be repealed to make the Supremacy
clause number one. Third, the Amendment
conferring a Constitutional right to bear arms that so offends first amendment
rights and freedoms and human rights shall be repealed. Fourth, the never contested third amendment
ban on quartering troops in private residences, with a loophole for the law,
shall be repealed whereas it is such a frequently abused power and all such
invasions of privacy under law should be overruled. Fifth, the fourteenth amendment, that amended
the original constitution, needs amendment itself, to cease prejudicing
conflicts. Not to wishing to take the
time to explain all the historical and legal ramifications of these amendments,
at this time, this summary shall include only the technical amendments
themselves with limited explanation. The
reason for these amendments should be self-evident. The new draft Constitution is of superior
quality to the old, and should help bring to light and settle the disputes of
the day.
Article I Modern Migration
Section 9 Clause 1 states, “The
Migration or Importation of such Persons as any of the States now existing
shall think proper to admit, shall not be prohibited by the Congress prior to
the Year one thousand eight hundred and eight, but a Tax or duty may be imposed
on such Importation, not exceeding ten dollars for each Person”. It should be
amended to read, Section 9 Clause 1, “The Migration or Importation of such
Persons as any of the States or Congress shall think proper to admit, shall
incur a Tax or duty, until such tariffs are progressively eliminated”.
Article VI Supreme Supremacy Clause
Clause 1 states, “All Debts
contracted and Engagements entered into before the Adoption of this
Constitution, shall be as valid against the United States under this Constitution,
as under the Confederation”. Having paid
all debts in 1838 this clause shall be repealed so that the following two
clauses to Article VI are renumbered as follows,
1. This Constitution, and the Laws
of the United States which shall be made in Pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the United States, shall
be the supreme Law of the Land; and the Judges in every State shall be bound
thereby, any Thing in the Constitution or Laws of any State to the Contrary
notwithstanding.
2. The Senators and Representatives
before mentioned, and the Members of the several State Legislatures, and all
executive and judicial Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this constitution;
but no religious Test shall ever be required as a Qualification to any Office
or public Trust under the United States.
Amendment II (1791)Balanced
Budget Amendment (2011)
Amendment II states “A
well-regulated Militia being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
infringed”. Because this is not the
appropriate response to the rights and freedoms enshrined in the First
Amendment, because the militia is already regulated and most of all because the
right to bear arms is not the Supreme law of the people and is in fact
regulated by permit. To better respond
to the First Amendment rights and freedoms necessary for a successful free
market economy, the government shall be required to balance their budget. Petitioners will be paid instead of assaulted
and the government will be held fiscally responsible. The proposed balanced budget amendment, as
derived from the most recent legislative attempt for a Balanced Budget Amendment
by Bob Goodlatte in H.J. 2
Section 1. Total outlays for any fiscal year shall not exceed total
receipts for that fiscal year, unless three-fifths of the whole number of each
House of Congress shall provide by law for a specific excess of outlays over
receipts by a rollcall vote.
Section 2. The limit on the debt of the United States held by the
public shall not be increased, unless three-fifths of the whole number of each
House shall provide by law for such an increase by a roll-call vote.
Section 3. Prior to each fiscal year, the President shall transmit to
the Congress a proposed budget for the United States Government for that fiscal
year in which total outlays do not exceed total receipts.
Section 4. No bill to increase revenue shall become law unless
approved by a majority of the whole number of each House by a rollcall vote.
Section 5. The Congress may waive the provisions of this article for
any fiscal year in which a declaration of war is in effect. The provisions of this
article may be waived for any fiscal year in which the United States is engaged
in military conflict which causes an imminent and serious military threat to
national security and is so declared by a joint resolution, adopted by a
majority of the whole number of each House, which becomes law.
Section 6. The Congress shall enforce and implement this article by
appropriate legislation, which may rely on estimates of outlays and receipts.
Section 7. Total receipts shall include all receipts of the United
States Government except those derived from borrowing. Total outlays shall
include all outlays of the United States Government except for those for
repayment of debt principal.
Section 8. This article shall take effect beginning with the later of
the second fiscal year beginning after its ratification or the first fiscal
year beginning after December 31, 2016.'.
Amendment III
Civil Law Amendment
Amendment III (1791) states, “No
Soldier shall, in times of peace be quartered in any house, without the consent
of the Owner, nor in time of war, but in a manner to be prescribed by
law”. This law is highly abused to
torture dissidents not officially in detention.
The actual practice of quartering soldiers is intrinsic to the
regulation and discipline of the militia, is not necessary and is not a
Constitutional right, but obscure administrative law, that should not be in the
Bill of Rights. Abuse of this power to
quarter troops in private homes, is particularly rampant in the local
judiciaries in defense of their prisoners or contracted by unscrupulous party
politicians. We shall thus quarter the
judiciary in this condemned amendment and rehabilitate the decadent legal
system under the following terms,
Section
1 The American legal system is a civil-law system based upon written briefs,
the civil code and human rights.
Section
2 Federal Judges shall be elected to terms of four years in general elections
in their respective districts.
Section
3 Justices of the Supreme Court shall be limited to two terms.
Section
4 Associate Justices shall choose a new Chief, from amongst themselves, every
year.
Section
5 Government officials convicted of crimes against humanity shall be removed
from office.
Section 6 States shall elect district attorneys.
Section
7 States shall elect licensed social workers to judge divorce, mental illness,
substance abuse courts and ethic committees and licensed funeral directors to
avoid probate.
Section 8 States shall probate and parole criminal offenders to
halfway houses to safely meet international minimum standards of detention
below the legal limit of 250 detainees per 100,000 residents.
Section 9 the death penalty is abolished.
Section
10 Disputes of an international character shall be adjudicated by the Customs
Court in New York City.
Amendment
XIV (1868)
Amendment
XIV states,
Section
1 All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside.
No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any State
deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the
laws”.
Section
2 Representatives shall be apportioned among the several States according to
their respective numbers, counting the whole number of persons in each State,
excluding Indians not taxed. But when
the right to vote at any election for the choice of electors for President and
Vice President of the United States, Representatives in Congress, the Executive
and Judicial officers of a State, or the members of the Legislature thereof, is
denied to any of the male inhabitants of such State, being twenty-one years of
age, and citizens of the United States, or in any way abridged, except for
participation in rebellion, or other crime, the basis of representation therein
shall be reduced in the proportion which the number of such male citizens shall
bear to the whole number of male citizens twenty-one years of age in such
State.
Section
3 No person shall be a Senator or Representative in Congress, or elector of
President and Vice President, or hold any office, civil or military, under the
United States, or under States, who, having previously taken an oath, as a
member of Congress, or as an officer of the United States, or as a member of
any State legislature, or as an executive or judicial officer of nay State, to
support the Constitution of the United States, shall have engaged in
insurrection or rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may by a
vote of two-thirds of each House, remove such disability.
Section
4 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. But neither the United States nor any State
shall assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or emancipation
of any slave; but all such debts, obligations and claims shall be held illegal
and void.
Section
5 The Congress shall have power to enforce, by appropriate legislation the
provisions of this article”. Having been
drafted to redress the serious problems in the wake of the Civil War the vast
majority of the XIV Amendment after Section 1 is neither used nor relevant and
should be repealed, whereas treason is already punished by removal from
office. Even the applicable sentence
pertaining to apportionment of representatives in accordance with the
enumeration of persons needs to cease discriminating against Indians, not taxed. Congress already being imbued with the power
to enact law, the result of this amendment would therefore be,
Section 1 All persons born or naturalized
in the United States, and subject to the jurisdiction thereof, are citizens of
the United States and of the State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its jurisdiction the equal
protection of the laws.
Section 2 Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole number of
persons in each State.
Thus concludes this technical
proposal to amend the Constitution of the United States.
Sanders, Tony J. Amended
Constitution of the United States of America. 20 pgs. HA-26-7-09
Last Amended July 16, 2011