Petition for A Judicial Restraint Amendment


We, the undersigned, being concerned for the future of the United States as a self-governing nation, and having observed the continual usurpation of legislative authority -- and hence of citizen sovereignty -- by the federal judiciary of the United States, hereby demand that Congress create and pass a Judicial Restraint Amendment to the Constitution of the United States, and that the several States ratify such an amendment.

We furthermore demand that our State of _________________________, along with all the other States, call a convention to amend or replace the current Federal Constitution of the United States in the absence of timely and satisfactory congressional action on the matter of judicial restraint.

The Judicial Restraint Amendment must contain the following principles of proper jurisprudence:

  1. The judiciary shall not intervene in any social or political controversy unless the text of the Constitution clearly and specifically authorizes otherwise
  2. The judiciary has no authority to create and implement positive legislation
  3. The original meaning of a legal provision -- statutory or constitutional -- is controlling
  4. The judiciary shall read laws as a whole, and according to their plain meaning
  5. The judiciary must apply the laws as written using a consistent set of neutral principles
  6. The judiciary shall not uphold previous rulings that they know to be unconstitutional

In order to curb the arrogance of the unelected judiciary of the United States, the Judicial Restraint Amendment must also remove from federal judges their current lifetime tenure in office. The current lifetime tenure should be replaced by a regime of term limits based on the following principles:

  1. A fixed finite term in office for all federal judges
  2. A fixed finite period of time after a term in office during which the judge may not be reappointed to the federal courts
  3. No person may be appointed to more than two terms on the same court

 




The Stop the Tyrants Project [page 10]: The Restraint Petition
URL:http://www.stop-the-tyrants.com/chap2/restraint_petition.html