Proposed Constitutional Amendments by Charles E. Corry, Ph.D.

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A citizen who breaks a law is subject to imprisonment. Why should a legislator who makes a bad law not also face the same penalty?

 

Our system of government is wisely based on a system of checks and balances. But, as wise and farseeing as our forefathers were, the checks on individual greed, avariciousness, hunger for power, and simple stupidity in our government could use some fine tuning.

A perfect system is obviously impossible in practice. What we hope to do first is make legislators and government officials more responsible for their actions. At present they pay no penalty for the bad laws and regulations they create.

However, we citizens certainly do.

Therefore it is very much in our interest to place some additional checks on what our legislators, city and county governments, and bureaucrats can do.

We think it is reasonable to expect legislators and other government officials to be familiar with both the Constitution of the United States and the State of Colorado and to obey the provisions of those venerable documents.

Regulations written by individuals in the executive branch, city councils, state and local commissions, boards, and numerous other state and local bodies, also have the force of law in these perilous times. Therefore, we should expect the same knowledge of citizen's rights from them as we do our legislators when they put such regulations into effect.

We should also expect no less of city and county governments, commissions, boards, or any other body of government that seeks to impose its will upon us.

Further, a sea change is required in what our Legislature and governing bodies do. We most certainly do not, except in very rare cases, need more laws, ordinances, and regulations.

What is required is review, revision, and deletion of existing laws and regulations into a coherent, comprehensible body. In Colorado we have more than a century of passing laws on top of laws, and regulation on top of regulation.

Enough!

In talking with lobbyists and other groups it is quite evident that many, if not all, legislators often see the final version of a bill when it is lain on their desk in chambers just before they are to vote on it. Rarely, in the rush to legislate, have they had time to read even portions of what they vote into law.

If an informed electorate is essential to the preservation of our society, then an informed legislator is even more important. We do not believe either group is informed about pending laws and legislation at present. But the most important group to educate are the legislators.

Note that it is presently a violation of Federal law to violate the civil rights of any citizen. Therefore we propose the following amendment, by citizen's initiative, to the state constitution.


 

Legislative and regulatory accountability

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Any law or regulation passed by the legislature, any official, or governing body with the authority to enact rules or regulations that have the force of law within the State of Colorado shall be presumed to comply with the Constitution of the United States and the State of Colorado. Therefore it is hereby resolved that:

1. Should any district or federal court later find a law passed by the state legislature to be unconstitutional in whole or in part then the sponsors of the bill who may still be sitting in either House, or holding any other State office or public position at the time of the court's ruling shall be required to resign from said office or position within seven (7) days of the verdict being confirmed either on appeal, or through lack of filing a timely appeal.

2. Where the issue of constitutionality of a law, regulation, state, city or county ordinance, rules, or other measure having the force of law is before the bar the authors of the measures in question shall be parties to the case.

3. Further, any Member of either House that voted for, abstained, or failed to vote on the measure shall be prohibited from running for re-election at the end of their terms in office.

4. If the court verdict is upheld on appeal, or is not timely appealed, then the sponsors of the bill from both the House and Senate shall be sentenced to 365 consecutive days imprisonment commencing within seven (7) days after the verdict is confirmed either on appeal, or through lack of filing a timely appeal.

5. Should any regulation, state, city or county ordinance, rules, or other measure having the force of law in the State of Colorado be found unconstitutional in whole or in part by any court at the same or higher level of government,1 members of council, commissions, or board members, or any other state, county, municipal, or members of a governing body who authored the measure in question or any portion thereof, or who are signatories to the measure, who may still hold that position, or any other State office or public position at the time of the court's ruling shall be required to resign from said office or position within seven (7) days of the verdict being confirmed either on appeal, or through lack of filing a timely appeal.

6. If the law or regulation in question is found to be unconstitutional on appeal, or the original finding is not timely appealed, then all persons who authored or signed the measure shall be sentenced to 365 consecutive days imprisonment commencing within seven (7) days after the verdict is confirmed.

7. Any person who feels they have been unjustly included in the actions resulting from a court verdict shall be required to include their appeal with the appeal of the original court's verdict. While the appeal is pending such persons may not hold any public office or position, nor receive State or other public funds from any source within the State of Colorado.

8. Any individual sentenced to prison under this amendment shall be barred for life from holding any public office or serving in any capacity at the public expense in the State of Colorado.

This amendment shall be deemed to apply to any laws, regulation, city or county ordinances, rules, or other measures passed after the election day on which it is enacted by ballot.


 

A Twenty-Eighth Amendment to the Federal Constitution

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Since the early 1990's the Internet has brought forward the amazing inventiveness of American citizens in an unprecedented fashion, together with a growing dissatisfaction with the corruption of the federal government.

One manifestation of that inventiveness is the following proposed Amendment to the Federal Constitution:

"Congress shall make no laws that apply to all Citizens of the United States that do not apply equally to the Senators and Representatives; and Congress shall make no laws that apply to the Senators and Representatives that do not apply equally to all Citizens of the United States."

The author of this proposal is unknown but the Equal Justice Foundation heartily supports the intent and adoption of this Amendment.

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| Chapter 14 — Applicable Colorado Laws |

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| Back — At risk adults |


 

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Last modified 3/9/14


1. For example, a municipal court could not rule on county or state ordinances.