User blog:Oberoth20/My Amendment Proposal 5 - Modernizing the Constitution and Restoring the Rule of Law.

Reconizing that certain sections of the Constitution need updating to bring them into the modern twenty-first century and others need more specificly definded to prevent missinterpitation or abuse in the courts. (With various states and local governments and even sometimes the Federal government ignoring the Constitution and the Rule of law I propose this amendment.)

Please remember that this is just a general idea of what I believe needs changed and explained upon.

Section 1. - Restoring the Rule of Law
The Federal Government's duties and powers under this Constitution shall not be obstructed by any State or Local Government.

Foreign persons that are currently ilegally within the boarders of the United States may remain at the discretion of the President, however, they must make arrangements to leave at the request of the State Department or by order of the President, remaining within the United States as a foreign person is a privladge and not a right as is travel by a foreign national.

Furthermore, persons born who's parrents are not citizens of the United States are not to be concidered citizens of the United States or the state in which they are born in, nor are they to be concidered Natural born citizens.

Though it is the duty of the federal government to identify foreners unlawfully within the United States, once identified law enforcement at any level must detain or arrest them for federal authorities. Furthermore, a person unlawfully present within the United States faced with deportation is permitted a single trial and apeal, however, they are not entitled to bail, unless the Congress shall specificly specify the protocalls judges are required to follow.

All federal laws may be enforced by any state and local law enforcement officer, as is their duty as enforcers of the law, if they have an issue with the law they must file their issue with their report on the violation and be able to prove their case in court.

Section 2. - Controlled Substances Act
The status of any drugs listed under the Controlled Substances Act may be changed by an act of Congress by one level every four years or reverse a change within the first year of doing so.

The drug commonly known as 'Marijuana' shall henceforth be concidered a Scheduled II drug in federal law and shall be enforced throuout the land, States have the right to regulate the substance within their own states.

Furthermore the Food and Drug Administration shall recieve reports and recomendations regarding the durgs contained within the Controlled Substances Act, unless placed on the list by Congress, from the Health serveses of all States, who's directors shall respond within ninety days of the request. The entire process shall take no more than one year, though Congress may aurthorize a scheduling plan for the initial review with 'Medical Marijuana' being the first on the list.

Section 3.
Add a sixth clause to Artical 1, Section 2 to read as "A person elected to the speaker of the House must meet the same qualification as the President.

Artical 1, Section 3, Clause 6 at the end of the second sentence after "or Affirmation" the following is to be inserted: "and decide based on the evidence and testimony presented and not on political affiliation"

 Artical 1, Section 6, Clause 1 add to the last sentense the follow "except by their constituents or representatives of their constituents" Artical 1, Section 8, Clause 8. after Discoveries place "But no Author or Inventor's rights shall be indefinate nor indefinatly renunable.

Artical 1, Section 8, Clause 19 shall read as follows " (Add a 19th Clause concerning motion pictures and telvision series.) Strike Artical 1, Section 9, Clause 1 as being invalid since the abolishment of slavery. Insert at the end of Artical 1, Section 9, Clause 5 after State "bound for another state or territority of the United States, but congress and the states they were produced or manufactured in have the right to tax products bound for other nations, however such proceeds shall go towards paying the debt of the State or the United States respectivly, with no such funds going into the treasury."

Section 4. - Every Citizens vote counts with the Electoral Collage
Replace Clause three of the first section of Article two and the the 12th amendment with the following:

"Each voting citizen shall cast a ballot for president and vice president at the polls, the Electors shall then cast their vote, by abllot, for those that recieve a majority vote by the eligible voters in their respective districs, with congressional districts reciveing one electoral vote each, the state recieving one electoral vote, the last vote in each state shall be decided by the winner of the majority of the districts. They shall name in their ballots the person voted for as President and Vice President and the number of votes each recieved in their district, which lists they shall sign and certify and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- The President of the Senate shall, in the presence of the Senate and House of Representatives, open all certificates and the votes shall then be counted; -- The person having the greatest number of Electoral votes for President shall be President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. However should a canadate be revealed to be ineligible to hold the office of President before the deadline to cast their vote set by congress, the Electors may submit a second vote for that canadate's position"

(this would ganentee that every vote counted without removing the electoral collage system) Section 5. Artical 2, Section 2, Clause 2, after "to make Treaties, provided two thirds of the senators present concur" insert "so long as those treaties do not conflict with the rights of the citizens of the United States" Artical 3, Section 3, Clause 1, after "two Witnesses to the same overt Act," insert "video evidence, audio evidence," Artical 4, Section 2, Clause 2 end of clause after Crime insert "regardless of the state's concideration of the crime or punishment" (basicly preventing a state from preventing extadition on the basis that what the person is charged with in the other state isn't concidered a crime in their state)

Artical 6, Clause 2 after "Authority of the United States" insert "so long as such treaties do not interfere with the rights of the people," Section 6. - Bill of Rights Update, The First Amendment Strike "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." and replace with the following:

<p align="left" class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt: auto;text-align:left">"Both Congress and the States shall make no law respecting an establishment of religion. Congress shall make no law prohibiting the free exercise of religions, though no religions may violate the peoples rights under this Constitution.

<p align="left" class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt: auto;text-align:left">"The peoples rights to peaceably assemble and to petition the government for a redress of grievances shall not be denied by either the Congress, nor the states, however all persons peaceably assembling shall show due regard for other persons and others property including that of the Government's.

<p align="left" class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt: auto;text-align:left">Congress shall pass no law abridging the peoples right to free speech or of the press, this right shall not be used to allow the disclosure of duly classified or privileged information. Privileged information shall include: Personal Information, Medical Information, Personal & Business Financial Information, Juvenal Criminal Information unless the person is being sentenced for a crime in which case the Jury may review such information prior to passing sentence. Legal Information, Attorney-client-privileged, unless the attorney possess knowledge that an innocent person is being held in which case a judge may free them, though the name of the attorney providing the information shall not be released to the public, prosecutor or the police. Discussions between the President or a Governor and their respective Staff. All matters of Military Operations during times of War and the Military's capabilities against foreign nations" <h2 align="left" class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt: auto;text-align:left">Section 7 - The Second Amendment. Strike "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." and replace with:

The People and the States both have an equal right to maintain a well regulated Militia that is sworn to defend this Constitution, being necessary to the security of a free State and People.

The right of the Citizens of the United States to Own, possess, operate and carry personal weapons and cannons for the purpose of self defense, defense of others, and defense of this Constitution shall not be denied unless

The Citizen is under the age of eighteen, incarcerated, on probation of which is not to exceed ten years or is physically (Blind or deaf) or mentally unable to safely exercise their right, or High on hallucinative drugs.

Persons carrying guns or like weapons may be required by Congress or the States to have a safety feature to prevent accidental discharge, but no state may prohibit such a firearm from being loaded or control the size of the magazine or clip.

Section 8 - The Forth Amendment.
Strike "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." and replace with the following: " The Citizens of the United States have a right to be secure in their persons, houses, documents and effects against unreasonable searches and seizures, this right shall not be violated.

"No Warrant shall be issued, but upon probable cause, supported by Oath or affirmation, and shall particularly describe the place to be searched and the person or things to be seized and limited to that effect.

"No knowladge of any criminal act, except when a person's life is in danger or a person is being held against their will shall be admisible in court. Likewise if a person is held against their will or a person's life is in danger a warrant shall not be required even if the person is deceased upon arrival.

"Any person planting evidence or lying under oath for the purpos of aquiring probable cause shall be charged with violating this section, punishable by not less than a warning on the first offence and not more than a fine of one-hundred thousand dollars in addition to damages and compensation to the person whom they framed for their second offence. On the third offence the person in question shall charged with violating this section with a punishment of Prison and fined not less than one million dollars."

Section 9 - The Fifth Amendment.
Strike "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." and replace with the following:

((No citizen shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the Armed Forces, when in actual service in time of War or public danger.

Nor shall any  citizens be subject for the same offence to be tried twice, unless in the event of a misstrial as perscribed by law.

No citizen shall be compelled in any criminal or civil case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.

Private property shall not be taken for public use, without just compensation, however only as perscribed by law.))

Section 10 - The Sixth Amendment.
Strike "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." and replace with the following:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been commited, and to be informed of the nature and cause of the accusation. The accussed shall be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, unless the matter relate to national security. The accused shall have the assistance of aquadet Counsel for his defense.

"In cases related to national security in where the method of obtaining information is constitutional and within the law information can be withheld from the accused, but not his attorney. The accused's attorney, unless representing himself, shall have access to such material in a secure room, to be examined by both the defense, prosecution and judge.

"The only information that may be withheld is the names of undercover American agents or officers on American Soil, on foreign soil the names of any American agent, or the names of Foreign law enforcement as perscribed by that nation's laws.

"In all civil court cases the defendant shall have access to aquadet Counsel for his defence. No person shall be deprived of life or liberty in any civil case, nor shall they be deprived of money or property without due process of law, having been presented to a Jury."