All I Want for Christmas is a 2nd Bill of Rights (Proposal #4, 5, and 6 Treaties, Eminent Domain, Conditional Grants and Mandates)
This is the fourth, fifth, & sixth 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. This is what happens when I get a week off before Christmas…
Proposal #4 – Clarifying the Limits on Treaty Making Authority
Section 1. The Power to make Treaties is limited to direct (explicit and enumerated) Grants of legislative Power to the Congress found in this Constitution, and no Treaty shall be Valid and Lawful under this Constitution if it governs an Issue or Person that the Congress is not so explicitly authorized to govern; nor shall any Treaty, Compact, Confederation, Federation, or Alliance cede or delegate any Sovereignty, Right, or Power of the United States or the several States to another Person(s) or an Institution.
Section 2. The Power to regulate Issues or Persons not granted to the Congress can be delegated to the Congress for limited Times by a State; or uniform rules governing such Issues and Persons can be adopted by Compact between the States for limited times with the approval of Congress (see the third Clause of the tenth Section of the first Article of this Constitution).
Proposal #5 – Limiting the National Government’s Ownership of State Land and Power of Eminent Domain
Section 1. Private Property within a State shall not be taken for public Use without just Compensation or the Consent of the Legislature of the State in which said Property is located (as per the sixteenth Clause of the eighth Section of the first Article of this Constitution).
Section 2. The United States shall not own Land within any State in Amounts in excess of one-fifteenth of the total Territory of that State, and the Ownership of any Land in excess shall be transferred to that State at no Cost to that State. The United States shall have one Year to determine which Parcels of Land it shall retain and which will be transferred to the respective States in accordance to this Article, but failing this, each State shall determine the Split thereafter.
Whenever the United States is found to own more than one-fifteenth of the total Territory of a particular State, the United States shall not sell or grant any such Land to a third Party in order to comply with this Article.
Section 3. The Phrase “public Use” as used in this Constitution shall not be construed to mean public Uses like raising or enhancing Revenues, private Development, or transferring Ownership to another Person or Persons.
Section 4. This Article shall take effect within 1 year of it Ratification.
Proposal #6 – Limiting Bailouts, Prohibiting Congressional Entitlements to Individuals and Conditional Grants to States and Limiting Mandates to States
Section 1. The Congress shall not provide any Grant or Loan directly to any Person, except Loans to Banks so as to regulate the value of the Money of the United States; nor shall it authorize any Part of the Government of the United States to do the same, notwithstanding outlays drawn from the Federal Old-Age and Survivors Insurance and the Federal Disability Insurance Trust Funds for Persons who contributed directly to said Trust Funds prior to the date this Article is ratified, but thereafter all such Programs and Benefits shall not be administered by the Congress, but by the States or the People respectively.
Section 2. Neither the Congress nor the several States shall abolish or assume any Debt, but this does not preclude them from mandating, in Cases of Bankruptcy, reasonable changes in the Rate of Interest and the Payment Schedule, and granting Deferments for a limited Time.
Section 3. The Congress shall not condition any Grant to a State, and the total Value of all Grants to each State in any given Year shall be proportional to their respective Population in relation to the several States according the most recent Census and this amount shall be henceforth known as its annual Portion.
If in any Year, excessive Damage is caused to the People or Property in a State due to War, Rebellion, or natural Disaster and the Chief Executive of that State may requests additional Aid (to help offset the Expense of this Damage) in excess of that State’s aforementioned annual Portion and the Congress may appropriate this Amount;
Section 4. The Congress shall not mandate a State carry into Execution any Law unless the Power to enact such a Law is explicitly enumerated and delegated to the United States in this Constitution, the eighteenth Clause of the eight Section of the first Article notwithstanding; nor shall any such Mandate be enacted without just Compensation; and such Compensation shall not be considered a Part of a State’s aforementioned annual Portion.
Section 5. This Article shall take effect within 1 year of it Ratification.