Day by Day Cartoon by Chris Muir

Thursday, January 26, 2012

Constitutional wishful thinking

Just woke up with this in my head...shamelessly stolen from here.
I posted his original "act" here.
Individual Infringement Reform Act

113th Congress
1st Session
S. ____
To propose a Constitutional amendment to remedy various federal infringements on individual and states rights in existing federal law.

January 25, 2013
Mr. (Ms.?) XXXX of Wisconsin introduced the following bill; which was referred to the Judiciary Committee.

To retroactively repeal certain unconstitutional legislation concerning individual citizens, and prohibit state infringement of their right to be free of un-Constitutional laws affecting individuals.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


This Act may be cited as the 'Individual Freedom Infringement Reform Act of 2013'.


1. The Congress finds that certain provisions of United States Statutes concerning individuals, including the National Firearms Act of 1934 and all subsequent federal law, the Social Security Act of 1935, and every other Act passed by Congress that has no explicit authorization in the United States Constitution, and various amendments and additions to those acts, to be and to have been unconstitutional, from inception, and may be repealed in accordance with United States Constitution Article I Section 1.
2. The Congress finds that certain state actors have been infringing on individual rights through statutes passed without explicit authorization of those States' Constitutions, and that it may legislate to prevent such infringement under the Amendment to the United States Constitution proposed June 13, 1866, known as the Fourteenth Amendment.


The following statutes or amendments are hereby repealed retroactively to their respective dates of enactment:
1. National Firearms Act of 1934, 48 Stat. 1236, as encoded in 26 USC ch. 53, and elsewhere.
2. Omnibus Crime Control and Safe Streets Act of 1968, Pub.L. 90-351, 82 Stat. 197, as encoded in 42 U.S.C. § 3711, and elsewhere.
3. Gun Control of 1968, Pub.L. 90-618, 82 Stat. 1213, as encoded in 18 USC ch. 44, and elsewhere.
4. Firearm Owners Protection Act of 1986, Pub.L. 99-308, 100 Stat. 449, as encoded in 18 U.S.C. § 921 et seq.,  and elsewhere.
5. Brady Handgun Violation Prevention Act of 1993, Pub.L. 103-159, 107 Stat. 1536, as encoded in 18 USC 921-922, and elsewhere.
6. Domestic Violence Offender Gun Ban of 1996,  Pub.L. 104-208 as encoded in 18 U.S.C. § 922(g)(9),  and elsewhere.
7. Social Security Act of 1935, as encoded in Pub.L. 74-271, 49;Stat.;620, 42 U.S.C.;ch.7; and elsewhere.

A very LONG list...
I wonder if there's a legal means to do this without enumerating every one of the millions of federal rules enacted since Lincoln...


This section shall apply to any official, agent, employee, contractor, or other individual acting at the instigation, direction, or request of such, whether of the United States, a State, United States Territory, or a local authority within a state or territory.
1. No such covered individual shall infringe, impede, tax, or burden the rights of any individual without an explicit clause in the individual's State Constitution.

2. Any individual who has had his right infringed under this section shall have standing for exoneration under any criminal charges, and for a claim of damages and return of property that may have been seized and forfeited, together with costs and attorney fees, or one terajoule of energy, whichever is greater, for each offense.

Is a mere terajoule sufficient? This is only 278,000 kWh, or roughly ten year's electricity usage. This is a gross offense on individual liberty - let's make it ten petajoules!

On second thought - where is this compensation coming from? The federal government has no money, except what is stolen from the citizens...


(a) CONVICTIONS TO BE SET ASIDE — Any individual convicted under any of the above repealed provisions shall be entitled to have his or her convictions set aside, including any continuing disabilities removed, except as provided below in Sec. 6, upon application therefor to any United States Court of competent jurisdiction.
(b) COMPENSATION FOR WRONGFUL CONVICTION — Any individual convicted under any of the above repealed provisions shall be entitled to receive compensation at established rates for wrongful conviction, including any attorney fees and court costs.


Removal of a disability to any individual's rights is not required under this Act if any of the following conditions have been met:

(a) The disability was imposed by a court of competent jurisdiction for actions committed on a territory for which Congress has exclusive legislative jurisdiction under United States Constitution Article I Section 8 Clause 17 and Article IV Section 3 Clause 2; and either
(1) It was imposed as part of the sentencing order upon conviction of the defendant for an act committed on that territory and as prescribed in the statute under which he or she was convicted; or
(2) It was imposed upon unanimous verdict of a jury of twelve on proof beyond a reasonable doubt that the defendant poses a clear and present danger to others if the right is not disabled.
If an individual is a danger to others unless he or she obeys a law, why are they loose in society anyway? Criminals do not obey laws - definition! 
This Act will be offered as a federal Constitutional Amendment, once and for all time removing the power of the Federal Government and Congress and the legislatures of the various States from ever again meddling in the day-to-day lives of the citizens of the United States of America without explicit authorization under their several Constitutions.

Beautiful dreamer...

Now - which candidate for Senator in Wisconsin is most likely to propose a bill like this?

Certainly not Tammy Gay Baldwin...

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