The Personal Website of Mark W. Dawson
Containing His Articles, Observations, Thoughts, Meanderings,
and some would say Wisdom (and some would say not).
Proposed Constitutional Amendments
Recent events have shown that the Constitution needs clarification on several issues. I therefore propose the following amendments to achieve this clarification.
Regarding immigration, both legal and illegal, I would suggest the following amendment:
Section 1.
For the purposes of the Census, Congressional Apportionment, and Voting Rights, all residents of the United States shall be counted in the Census. Congressional Apportionment shall be based solely on the number of American citizens, and voting in any and all elections shall be restricted to American citizens.
Section 2.
Birthright citizenship shall be limited to children born to one or both parents who are American citizens.
Section 3.
Congress shall have the power to enforce this amendment by appropriate legislation.
Such an amendment would resolve what constitutes American citizenship for immigrants and visitors to the United States and its territories, ensure proper census-taking and use for Congressional Apportionment, and ensure that only American citizens have a voice in choosing their elected leadership.
Additionally, as I have Chirped on "08/08/26 Expanding and Restructuring the Courts", the following Constitutional amendment should be adopted:
“The Supreme Court may, with the Concurrence of two-thirds of the Justices, remove a Judge or Justice for improper jurisprudence.
The Supreme Court shall set its own rules and procedures for such removal actions.”
Given the propensity of many judges to overstep their bounds of jurisprudence by issuing improper constitutional rulings and nationwide injunctions, as I have written in my article on Judges, Not Lords, there is a need to rein in those judges and justices who do so. This amendment would do so while removing political considerations from the removal decision by restricting removal decisions for improper jurisprudence to the Supreme Court justices.
In addition, as I have Chirped on "12/06/21 The 25th Constitutional Amendment Issues and Concerns", the current 25th Amendment should be replaced with the following:
Section 1.
In case of the removal of the President from office, or by their death or resignation, the Vice President shall become President.
Section 2.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a three-fifths vote of both Houses of Congress.
Section 3.
Whenever the Vice President and the Secretary of State transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their joint written declaration that the President is unable to discharge the powers and duties of their office, then with the jointly written affirmation within twenty-four hours by the President pro tempore of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the acting President and the Secretary of State transmit to the President pro tempore of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court their joint written declaration that no inability of the President currently exists, then within twenty-four hours of a jointly written affirmation by the President pro tempore of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court that the President is fit to resume their office, the President shall immediately resume the powers and duties of their office.
Whenever the President transmits to the President pro tempore of the President pro tempore of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court a written declaration that they are able to discharge the powers and duties of their office, then with the jointly written affirmation within twenty-four hours by the President pro tempore of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, the President shall immediately resume the powers and duties of the office of President.
If the President disagrees with the joint affirmation of the President pro tempore of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court, then they may transmit a written appeal of this joint affirmation to the parliamentarian of both Houses of Congress, who shall set forth and advance Congressional action in their respective chambers under Section 4 of this Amendment.
If no joint written affirmation of the President pro tempore of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court is obtained within twenty-four hours of the transmittal by the Vice President and the Secretary of State, or by the President, of the inability or ability of President to discharge the powers and duties of the office of President, then Section 4 of this Amendment is to be applied.
Section 4.
If the President pro tempore of the Senate, the Speaker of the House of Representatives, and the Chief Justice of the Supreme Court are unable to jointly agree upon the inability or ability of the President to discharge the powers and duties of the office of President, or upon an appeal by the President of their joint affirmation, then Congress shall within three days, assembling within forty-eight hours for that purpose if not in session, decide the inability or ability of the President to discharge the powers and duties of the office of President. If Congress determines, by a three-fifths vote of both the Senate and the House of Representatives, that the President is unable to discharge the powers and duties of their office, the Vice President shall immediately assume the powers and duties of the office as acting President. If Congress determines, by a three-fifths vote of both the Senate and the House of Representatives, that the President is fit to discharge the powers and duties of their office, the President shall immediately resume the powers and duties of their office.
I believe that these three amendments would clarify these issues and bring greater stability to America's governance.