This is the second of the several amendments to our Constitution I’m hoping Santa will magically bring me in order to restore limits to our national government so that when I tell my kids with a straight face that two of the principles of our Constitution are limited government and federalism. Again, I won’t be holding my breath on this. We are all entitled to a bit of fantasy now and then so here’s one of mine.
This amendment provides judicial accountability by explicitly establishing that a state has the power to nullify judicial decisions affecting it, but with the caveat that the this nullification can be overridden if the other two branches of the national government affirm the court’s ruling within 90 days.
As an afterthought I added a section to allow three-fourths of the States to collectively nullify judicial decisions and Acts of Congress.
Proposal #2 – Restraining the National Judiciary and the National Government
Section 1. Any Decision of a Court of the United States about a Dispute arising out of a particular State (or the Effects of that Decision upon that State) shall be null and void and shall have no force of Law within that State or bearing on the Affairs of that State whatsoever and the Judges in that State and the Judges of the United States shall be bound to this Nullification in all similar Cases that arise out of that State until the Legislature of that State repeals the Resolution against the aforementioned judicial Decision, whenever the Legislature of that State approves a Resolution to that Effect and three-fifths of each House of the Congress and the President fail to approve a Resolution to affirm the aforementioned judicial Decision within 90 Days of this States approval of the nullification Resolution, provided that the approval of this Resolution is announced to the Public at least within 1 Day after its approval.
Section 2. Any Decision or Law made by the Legislative, Executive, or Judicial Departments of the United States shall be null and void and the Judges of the United States and the several States shall be bound to this Nullification, whenever two-thirds of the Legislatures of the several States each approve a Resolution to nullify said Decision or Law.