The Founders strove to limit the power of that national government as much as possible by assigning to it only specific Enumerated Powers, specifically denying it certain powers, and specifically leaving all other powers to the States. The Constitution was a compact – a contract – to do the business of a national government – no more, and was understood to be this contract by the Founders, as recorded in contemporaneous documentation. Naively, the Founders assumed that when a Congressman or president took an oath to OUR Constitution, they would obey the letter and the spirit of the document that created their government and the position they chose to pursue: The American Constitution, the Supreme Law of the Land.
To say this has turned out not to be the case is an understatement.
Several States, among them NY and RI, did, with their ratification, also state they could depart the compact – the Constitution, the United States of America – at any time they so desired, if they found the national government created BY the States to have usurped too much power, if the compact ceased working for their State, or for any other reason they chose.
There is no question today that the national government has usurped enormous, unforeseen power from the States – which are supposed to be in charge. The below-offered 28th Amendment may be one of the only ways, short of threatened (or actual) peaceful secession by States, to return to the balance of power with which the Government originally was designed. I know this is long – far longer than other Amendments. But our politicians have proved so irrational, deceitful and to be such appalling liars, that quite of bit of ground must be covered within the Amendment itself.
So – for your consideration, the below to redress this grievance, and to bring back into balance the relationship between the States and the Federal Government which SERVES the States and the People. I am interested in any thoughts you may have.
Section 1. The Governors of the 50 American States alone, not to include Territories or Possessions or the District of Columbia, shall elect via a majority vote of those Governors, and for a single term of six (6) years, an Inspector General who shall have the Responsibility, Authority and Standing to review any and all Legislation, Regulation and Appointments of and by the Federal Government, its branches and members, for compliance with the Constitution of the United States, including the Bill of Rights and Enumerated Powers, and to pursue the revocation, overturn or otherwise rejection of any and all Legislation, Regulation and Appointments of and by the Federal Government, its branches and members, found, in the professional opinion of the Inspector General alone, not to be in compliance with the Constitution of the United States. Said pursuit shall be first via a Report to Congress stating the unconstitutionality of said Legislation, Regulation and Appointments of and by the Federal Government, its branches and members, and, if not acted upon by Congress within 30 business days from the publication of that Report, and if necessary in the opinion of the Inspector General alone, via suit at the Supreme Court of the United States, who shall have Original Jurisdiction, in order that said Legislation, Regulation and Appointments of and by the Federal Government, its branches and members, be revoked or overturned. Any suit brought by the Inspector General will survive that Inspector General, and continue under succeeding Inspector Generals and shall be pursued with vigor to final completion, regardless of political changes within the Governorships. If deemed advisable by a vote of the Governors concurrent in time with the election of a succeeding Inspector General, any suit in the process of being considered or tried before the Supreme Court at the time of the expiration of the Term of Office of an Inspector General, shall continue to be pursued by the bringing Inspector General, and Staff, to completion; the Inspector General, in all other duties, shall be succeeded by the newly-elected Inspector General at the end of the term of office.
Section 2. Neither the Legislative nor Executive Branches of the Federal Government shall have any say over this Inspector General nor the cases brought thereby, shall not any provide remuneration or benefits to this Inspector General, and shall have no say in the election of this Inspector General, nor those persons nominated for election thereto, nor selection of the Staff of the Inspector General. The Inspector General shall be elected by the Governors on the second Tuesday in January of the year following the ratification of this Amendment, and shall take office on the 4th Monday of that month, and their Term of Office shall expire on the 4th Sunday of January in the sixth year following, subject to continuing suit as defined in Section 1. Succeeding Inspector Generals shall be elected every six (6) years in the same manner. The Inspector General may be removed by the Governors, alone, for criminal conduct on the recommendation of a Federal Grand Jury impanelled in the State of Residence of the Inspector General. In the event of removal or death of the Inspector General, the Governors shall elect, within one calendar month, a succeeding Inspector General to serve-out the unfinished Term of Office and duties thereof. This replacement Inspector General shall be allowed one full Term as Inspector General, if so elected by the Governors of the States, at the conclusion of the unfinished Term of their predecessor. The failure of the Governors to elect, or to replace if necessary, this Inspector General as defined herein, shall result in the immediate dismissal from Office of that Governor or Governors, and the ineligibility of that Governor or Governors to hold elective office again at any State or Federal level.
Section 3. The Inspector General shall report solely to the Governors of the 50 States, and all pay and benefits shall be solely the responsibility of the States. The annual remuneration to the Inspector General shall be an amount equal to ten times the then-current poverty rate for a family of four, as published by the Federal Government in the year prior to the election of the Inspector General, and shall not change during the tenure of that Inspector General. Remuneration shall be shared among the States in the amount equal to the percentage of the national population legally residing within each State in the year of the election of the Inspector General. The Staff, expenses and offices for the pursuance of the duties of the Inspector General, deemed necessary by the Inspector General and the Governors of the States, jointly, at the time of the election of an Inspector General, shall be provided and paid by the States in the amount equal to the percentage of the national population legally residing within each State at the time of the election of the Inspector General. No retirement pay or benefits shall accrue to the Inspector General or Staff as a result of the performance of these duties, for time in office, or for any other reason. The payment of salaries, expenses and Staffs of the Inspector General shall be monthly on the final Friday of each calendar month, shall be a binding expense on each State, and shall be prioritized above all other expenses of each State. This prioritization shall not be subject to any ruling altering it by any Federal or State Court. Failure by any State to provide their portion of remuneration on time shall be a violation of this Amendment to the Constitution of the United States, and shall be pursued immediately by the entire Supreme Court of the United States, which shall have the power to transfer from the General Fund of that State the necessary funds.
Section 4. The Inspector General and Staff, having served the six-year term, or any portion thereof, shall be prohibited from lobbying, as commonly understood by the average American citizen, the Federal Government for a period of time equal to the time served as Inspector General.