Proposed Constitutional Amendment:

Checking the Powers of the U.S. Supreme Court

 

Background Reading & Studies

Brief Overview of this Amendment

The Proposed Amendment (Amendment only)

The Proposed Amendment (with explanations)


Brief Overview of this Amendment

The purpose of this Constitutional Amendment is to check the powers of the United States Supreme Court.

Whenever there is a loophole in the Constitution, the proper way to fix this loophole is through an Amendment.

In this case, the loophole is that the U.S. Supreme Court has too much power. There are only seven individuals, holding office for life, who decide whether or not a law is Constitutional.

Furthermore, in recent decades, the Supreme Court has legislated from the bench (which is not their role), and has often ruled in ways that run contrary to the principles of the Constitution.

The following Constitutional Amendment will return the Supreme Court to their proper role as intended by the Authors of the Constitution.


The Proposed Constitutional Amendment

to Check the Powers of the U.S. Supreme Court

 

A. The United States Supreme Court shall not legislate from the bench. Any law created by the United States Supreme Court shall be void.

 

B. The United States Supreme Court shall not use any foreign source material when ruling on a case.

 

C. The United States Supreme Court shall adhere strictly to the 10th Amendment and to the Enumerated Powers Clause of the Constitution.

 

D. Any Supreme Court ruling can be overturned, upon 2/3 vote of the state legislatures. When a ruling involves multiple issues, each issue will be voted on separately and overturned separately.

 

E. The published Supreme Court decision will be modified to specify the rulings overturned by the state legislatures. Each state legislature may add a brief statement explaining its reasoning.

 

F. There shall be no time requirement for state legislatures to consider and vote on Supreme Court decisions.

 

G. Any Justice of the U.S. Supreme Court can be impeached and removed from office. The Justice may be removed only for flagrant disregard of the Constitution, as exhibited in his votes and judicial opinions. A Justice of the Supreme Court shall be impeached by 51% approval of the State Legislatures. The Justice shall be removed from office by 2/3 approval of the State Legislatures. There shall be no time limit for the 2/3 removal vote to be reached.

 

H. This Amendment shall be enforced by the state legislatures.