Justice Stevens: six amendments of the US Constitution

[lpetrich]

Justice Stevens Pens Six Amendments to Tune-Up Constitution and published them in a book: "Six Amendments: How and Why We Should Change the Constitution." That's former Supreme Court justice John Paul Stevens.

#1:

The "Anti-Commandeering" Rule: In 1997, by a 5-4 vote, the Supreme Court, created an "anti-commandeering" rule, which bans Congress from ordering state officials to carry out federal duties. ... Stevens notes that the "anti-commandeering" rule could also cripple other Congressional acts, from routine administration of federal programs to emergency responses to national catastrophes or acts of terror.

His proposed amendment of the Supremacy Clause, in bold:

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 and other public officials in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

I think that he wants to straighten out some loose ends in constitutional law, even if it seems anti-states-rights.

#2:
Gerrymandering. His proposed amendment:

Districts represented by members of Congress, or by members of any state legislative body, shall be compact and composed of contiguous territory. The state shall have the burden of justifying any departures from this requirement by reference to neutral criteria such as natural, political, or historic boundaries or demographic changes. The interest in enhancing or preserving the political power of the party in control of the state government is not such a neutral criterion.

Good idea. I'd also have the Constitution state that House districts can be multimember, allowing proportional representation.

#3:
Campaign Finance. His proposed amendment:

Neither the First Amendment nor any other provision of this Constitution shall be construed to prohibit the Congress or any state from imposing reasonable limits on the amount of money that candidates for public office, or their supporters, may spend in election campaigns.

This raises the issue of where the speech ends and the bribery begins. Is big spending on politicians' campaigns much different from bribery?

#4:
Sovereign Immunity:

The Eleventh Amendment, banning a citizen of one state from suing another state in federal court, was prompted by states that wanted to dodge their war debts. Their reasoning leaned on "sovereign immunity," a principle that holds the "sovereign," any of the individual states in this case, above the law, shielding it from court action. Stevens says that this doctrine "should never have been adopted in a democracy."

His proposed amendment:

Neither the Tenth Amendment, the Eleventh Amendment, nor any other provision of this Constitution, shall be construed to provide any state, state agency, or state officer with an immunity from liability for violating any act of Congress, or any provision of this Constitution.

Seems like #1.

#5:
The Death Penalty: His proposed amendment of the Eighth Amendment, in bold:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments such as the death penalty inflicted.

At least it gives an example. Although "excessive" and "cruel and unusual" seem vague enough to give lawyers plenty of employment.

#6:
Gun Control. Like many others, Justice Stevens dislikes the common interpretation of the Second Amendment that possession and wielding of weapons is some absolute right. His proposed amendment of the Second Amendment, in bold:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the Militia, shall not be infringed.

It's always seemed to me that this is about buying one's own weapons and practicing with them, so that one can be proficient in them.

However, the Constitution also states (Article I, Section 8): "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;" Meaning that it is not a suicide pact, something implied by certain people's interpretations of the Second Amendment. It seems to me that this amendment is not written clearly enough to exclude suicide-pact interpretations and the like.

 

[maurile]

#3:
Campaign Finance. His proposed amendment:

Neither the First Amendment nor any other provision of this Constitution shall be construed to prohibit the Congress or any state from imposing reasonable limits on the amount of money that candidates for public office, or their supporters, may spend in election campaigns.

This raises the issue of where the speech ends and the bribery begins. Is big spending on politicians' campaigns much different from bribery?

If he wants the Amendment to overturn Citizens United, he should probably add "or on electioneering communications" to the end of it. I don't think it's at all clear that Hillary: The Movie would be deemed part of an election campaign.