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Levin: The Liberty Amendments Cheat Sheet by

Constitional Amendment to preserve the original intent
constitution     levin     proposed     amendments     liberty

Introd­uction

"I undertook the project not because I believe the Consti­tution, as originally struct­ured, is outdated and outmoded, thereby requiring modern­ization throug­ham­end­ments, but because of the opposi­te—that is, the necessity and urgency of restoring consti­tut­ional republ­icanism and preserving the civil society from the growing author­ita­rianism of a federal Leviathan. This is not doomsaying or fearmo­ngering but an acknow­led­gment of fact. The Statists have been successful in their centur­y-long march to disfigure and mangle the consti­tut­ional order and undo the social compac­t."
.....
"What follows are proposed amendments to the Consti­tut­ion—The Liberty Amendm­ents. It is my hope and aspiration for our country that these amendments can spur interest in and, ultima­tely, support for the state convention process. In any event, should there come a time, sooner or later, when the states convene a conven­tion, these amendments or amendments of the same nature—as I make no claim of unassa­ilable knowle­dge—may prove useful and find their way into the debate. But a plan is what is needed, as is a first step. This is mine." - Mark Levin

Establish Term Limits for Members of Congress

SECTION 1: No person may serve more than twelve years as a member of Congress, whether such service is exclus­ively in the House or the Senate or combined in both Houses.
SECTION 2: Upon ratifi­cation of this Article, any incumbent member of Congress whose term exceeds the twelve­-year limit shall complete the current term, but thereafter shall be ineligible for further service as a member of Congress.

Restore the Senate

SECTION 1: The 17th Amendment is hereby repealed. All Senators shall be chosen by their state legisl­atures as prescribed by Article I.
SECTION 2: This amendment shall not be so construed as to affect the term of any Senator chosen before it becomes valid as part of the Consti­tution.
SECTION 3: When vacancies occur in the repres­ent­ation of any State in the Senate for more than ninety days the governor of the State shall appoint an individual to fill the vacancy for the remainder of the term.
SECTION 4: A Senator may be removed from office by a two-thirds vote of the state legisl­ature.

Establish Term Limits for Supreme Court Justices

An Amendment to Establish Term Limits for Supreme Court Justices and Super-­Maj­ority Legisl­ative Override
SECTION 1: No person may serve as Chief Justice or Associate Justice of the Supreme Court for more than a combined total of twelve years.
SECTION 2: Immedi­ately upon ratifi­cation of this Amendment, Congress will organize the justices of the Supreme Court as equally as possible into three classes, with the justices assigned to each class in reverse seniority order, with the most senior justices in the earliest classes. The terms of office for the justices in the First Class will expire at the end of the fourth Year following the ratifi­cation of this Amendment, the terms for the justices of the Second Class will expire at the end of the eighth Year, and of the Third Class at the end of the twelfth Year, so that one-third of the justices may be chosen every fourth Year.
SECTION 3: When a vacancy occurs in the Supreme Court, the President shall nominate a new justice who, with the approval of a majority of the Senate, shall serve the remainder of the unexpired term. Justices who fill a vacancy for longer than half of an unexpired term may not be renomi­nated to a full term.
SECTION 4: Upon three-­fifths vote of the House of Repres­ent­atives and the Senate, Congress may override a majority opinion rendered by the Supreme Court.
SECTION 5: The Congre­ssional override under SECTION 4 is not subject to a Presid­ential veto and shall not be the subject of litigation or review in any Federal or State court.
SECTION 6: Upon three-­fifths vote of the several state legisl­atures, the States may override a majority opinion rendered by the Supreme Court.
SECTION 7: The States’ override under SECTION 6 shall not be the subject of litigation or review in any Federal or State court, or oversight or interf­erence by Congress or the President.
SECTION 8: Congre­ssional or State override authority under Sections 4 and 6 must be exercised no later than twenty­-four months from the date of the Supreme Court rendering its majority opinion, after which date Congress and the States are prohibited from exercising the override.

The Liberty Amendments

 

Limit Federal Spending

SECTION 1: Congress shall adopt a prelim­inary fiscal year budget no later than the first Monday in May for the following fiscal year, and submit said budget to the President for consid­era­tion.
SECTION 2: Shall Congress fail to adopt a final fiscal year budget prior to the start of each fiscal year, which shall commence on October 1 of each year, and shall the President fail to sign said budget into law, an automatic, across­-th­e-b­oard, 5 percent reduction in expend­itures from the prior year’s fiscal budget shall be imposed for the fiscal year in which a budget has not been adopted.
SECTION 3: Total outlays of the federal government for any fiscal year shall not exceed its receipts for that fiscal year.
SECTION 4: Total outlays of the federal government for each fiscal year shall not exceed 17.5 percent of the Nation’s gross domestic product for the previous calendar year.
SECTION 5: Total receipts shall include all receipts of the United States Government but shall not include those derived from borrowing. Total outlays shall include all outlays of the United States Government except those for the repayment of debt principal.
SECTION 6: Congress may provide for a one-year suspension of one or more of the preceding sections in this Article by a three-­fifths vote of both Houses of Congress, provided the vote is conducted by roll call and sets forth the specific excess of outlays over receipts or outlays over 17.5 percent of the Nation’s gross domestic product.
SECTION 7: The limit on the debt of the United States held by the public shall not be increased unless three-­fifths of both Houses of Congress shall provide for such an increase by roll call vote.
**SECTION 8: This Amendment shall take effect in the fourth fiscal year after its ratifi­cation.

Limit Federal Taxing

SECTION 1: Congress shall not collect more than 15 percent of a person’s annual income, from whatever source derived. “Person” shall include natural and legal persons.
SECTION 2: The deadline for filing federal income tax returns shall be the day before the date set for elections to federal office.
SECTION 3: Congress shall not collect tax on a decedent’s estate.
SECTION 4: Congress shall not institute a value-­added tax or national sales tax or any other tax in kind or form.
SECTION 5: This Amendment shall take effect in the fourth fiscal year after its ratifi­cation.

Limit the Federal Bureau­cracy

SECTION 1: All federal depart­ments and agencies shall expire if said depart­ments and agencies are not indivi­dually reauth­orized in stand-­alone reauth­ori­zation bills every three years by a majority vote of the House of Repres­ent­atives and the Senate.
SECTION 2: All Executive Branch regula­tions exceeding an economic burden of $100 million, as determined jointly by the Government Accoun­tab­ility Office and the Congre­ssional Budget Office, shall be submitted to a permanent Joint Committee of Congress, hereafter the Congre­ssional Delegation Oversight Committee, for review and approval prior to their implem­ent­ation.
SECTION 3: The Committee shall consist of seven members of the House of Repres­ent­atives, four chosen by the Speaker and three chosen by the Minority Leader; and seven members of the Senate, four chosen by the Majority Leader and three chosen by the Minority Leader. No member shall serve on the Committee beyond a single three year term.
SECTION 4: The Committee shall vote no later than six months from the date of the submission of the regulation to the Committee. The Committee shall make no change to the regula­tion, either approving or disapp­roving the regulation by majority vote as submitted.
SECTION 5: If the Committee does not act within six months from the date of the submission of the regulation to the Committee, the regulation shall be considered disapp­roved and must not be implem­ented by the Executive Branch.

Promote Free Enterprise

SECTION 1: Congress’s power to regulate Commerce is not a plenary grant of power to the federal government to regulate and control economic activity but a specific grant of power limited to preventing states from impeding commerce and trade between and among the several States.
SECTION 2: Congress’s power to regulate Commerce does not extend to activity within a state, whether or not it affects interstate commerce; nor does it extend to compelling an individual or entity to partic­ipate in commerce or trade.

Protect Private Property

SECTION 1: When any govern­mental entity acts not to secure a private property right against actions that injure property owners, but to take property for a public use from a property owner by actual seizure or through regula­tion, which taking results in a market value reduction of the property, interf­erence with the use of the property, or a financial loss to the property owner exceeding $10,000, the government shall compensate fully said property owner for such losses.

Grant States Authority to Amend Consti­tution

Grant the States Authority to Directly Amend the Consti­tut­ion
SECTION 1: The State Legisl­atures, whenever two-thirds shall deem it necessary, may adopt Amendments to the Consti­tution.
SECTION 2: Each State Legisl­ature adopting said Amendments must adopt Amendments identical in subject and wording to the other State Legisl­atures.
SECTION 3: A six-year time limit is placed on the adoption of an Amendment, starting from the date said Amendment is adopted by the first State Legisl­ature. Each State Legisl­ature adopting said Amendment shall provide an exact copy of the adopted Amendment, along with an affidavit signed and dated by the Speaker of the State Legisl­ature, to the Archivist of the United States within fifteen calendar days of its adoption.
SECTION 4: Upon adoption of an Amendment, a State Legisl­ature may not rescind the Amendment or modify it during the six-year period in which the Amendment is under consid­eration by the several States’ Legisl­atures.

Grant the States Authority to Check Congress

SECTION 1: There shall be a minimum of thirty days between the engrossing of a bill or resolu­tion, including amendm­ents, and its final passage by both Houses of Congress. During the engros­sment period, the bill or resolution shall be placed on the public record, and there shall be no changes to the final bill or resolu­tion.
SECTION 2: SECTION 1 may be overridden by two-thirds vote of the members of each House of Congress.
SECTION 3: Upon three-­fifths vote of the state legisl­atures, the States may override a federal statute.
SECTION 4: Upon three-­fifths vote of the state legisl­atures, the States may override Executive Branch regula­tions exceeding an economic burden of $100 million after said regula­tions have been finally approved by the Congre­ssional Delegation Oversight Committee [see An Amendment Establ­ishing How the States May Amend the Consti­tut­ion].
SECTION 5: The States’ override shall not be the subject of litigation or review in any Federal or State court, or oversight or interf­erence by Congress or the President.
SECTION 6: The States’ override authority must be exercised no later than twenty­-four months from the date the President has signed the statute into law, or the Congre­ssional Delegation Oversight Committee has approved a final regula­tion, after which the States are prohibited from exercising the override.

Protect the Vote

SECTION 1: Citizens in every state, territory, and the District of Columbia shall produce valid photog­raphic identi­fic­ation documents demons­trating evidence of their citize­nship, issued by the state government for the state in which the voter resides, as a prereq­uisite for regist­ering to vote and voting in any primary or general election for President, Vice President, and members of Congress.
SECTION 2: Provisions shall be made by the state legisl­atures to provide such citize­nsh­ip-­des­ignated photog­raphic identi­fic­ation documents at no cost to indivi­duals unable to afford fees associated with acquiring such documents.
SECTION 3: Early voting in any general election for President, Vice President, and members of Congress shall not be held more than thirty calendar days prior to the national day of election except for active­-duty military personnel, for whom early voting
shall not commence more than forty-five calendar days prior to the national day of election.
SECTION 4: Where regist­ration and/or voting is not in person but by mail, citizens must submit an approved citize­n-d­esi­gnated photo identi­fic­ation and other reliable inform­ation to state election officials to register to vote and request ballots for voting, no later than forty-five calendar days before the primary or general elections for President, Vice President, or members of Congress. Regist­ration forms and ballots must be returned and signed by the voter and must either be mailed or hand-d­eli­vered by the voter to state election officials. If delivered by a third party, the voter must provide written author­ization for the person making the delivery and the third party must sign a statement certifying that he did not unduly influence the voter’s decisions.
SECTION 5: Electronic or other techno­log­y-based voting systems, for purposes ofregi­stering and voting in national elections, are proscribed unless a reliable identi­fic­ation and secure voting regimen is establ­ished by the state legisl­ature.

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