The Liberty Amendment

The Liberty Amendment

Article I. Federal Funding

The amendment proposed by Congress in 1909 to "have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration", if it was ever ratified, is hereby repealed and rescinded upon approval of this amendment by ¾ of the united States. All federal taxes shall henceforth be levied in direct proportion to the enumeration of population for each State as determined by Census, and in the same manner as Representation in the House is determined.

Each State may determine the method used for receipt of funds to be contributed to the Treasury, but may not emit Bills of Credit, and must make such payment in gold and silver Coin, in compliance with Article I, Section 10.

Other permissible sources of funds for the Treasury to pay Debts, provide for the common Defense, and promote the general Welfare, may include voluntary personal and business contributions, import duties on petroleum and hazardous chemicals and compounds, Visas, and Citizenships; but all Duties, Visas, and Citizenships shall be uniform throughout the United States.

Article II. Balanced Budget

Any new Money borrowed on the credit of the United States must henceforth be repaid within one year. All existing debts must be repaid and the federal budget fully balanced within ten years of ratification of this Amendment. All such debt shall be reduced in ten equal annual installments. Any fraction not agreed by Congress shall be reduced through automatic spending cuts. Any federal program or activity that is not expressly authorized by this Constitution shall be eliminated. The states may choose to maintain any such program within their own borders through state legislation, subject to their various constitutions.

In order to borrow money on the credit of the United States, both Houses must approve the appropriation by two thirds. But in all such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively.

Article III. Sound Money

Federal and State central banks and reserves, and other official monopolies, being injurious to the economic health of a free country and competitive economy, are hereby abolished. Any currency established by Congress must be based on a precious metal standard, must be defined in terms of the weight of the metal at the time of issue, and must be directly convertible to gold or silver coin. The federal government may not directly or indirectly engage in the practice of fractional reserve banking, or define legal tender for private transactions.

Article IV. State Suffrage

In order to assure compliance with Article V, which mandates that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate - the only item that may not be amended - the amendment of 1913 which removed the right of the state legislatures to choose their own Senators, if it was ever legally ratified, is hereby repealed and rescinded upon approval of this amendment by ¾ of the united States. The legislative body of each state is hereby authorized to select and determine the method of selecting its own Senators, and to revise such method as it deems necessary or expedient.

Article V. Restriction of Federal Powers

The President may not create new laws through executive order, nor may the federal courts expand federal powers to exceed those expressly enumerated. The terms “welfare”, “equality”, and “commerce” may not be construed in a way that grants the federal government additional powers and functions that are not specifically enumerated, nor may terms such as “arms” and “militia” be construed to deny the states and sovereign individuals the means to secure themselves from federal tyranny, but all definitions shall accurately reflect the intent and concerns of the original framers.

The federal government shall have no jurisdiction over torts and contracts unless expressly authorized by this Constitution. Every crime must have at least one identifiable and unwilling victim, and the objective of any law must be to compensate such victim, or his estate, for specific losses and damages through payment by the aggressor. Any law in violation of any of these principles is null and void.

No legislative act or provision thereof shall have the force of law, nor shall the federal government engage in, tax, subsidize, restrict, or advance any activity or social, business, professional, commercial, financial or industrial enterprise, unless the constitutional authority for it is explicitly cited, verifiable by proving an unbroken chain of logical derivation.

No federal or international body may override the actions of any State unless expressly and specifically authorized in this Constitution. Since the Constitution is a compact wherein the State is Principal and the federal government is Agent, the State shall retain the power to nullify federal laws and federal actions that are not expressly authorized by this Constitution.

Jurors must be randomly selected from the general body of citizens. They may not be asked about their knowledge, experience, or opinions about the law in voir dire. They must be unanimous to convict but not to acquit, and failure to convict shall be deemed acquittal. Juries must be fully informed of their right to judge the law as well as the facts and remedies of the case.

Nothing in this Constitution shall be construed in a way that would prevent or restrict the private issuance of currency and the use of privately issued currency, the private provision of security and defense, the private arbitration and settlement of disputes, or the freedom of education, communication, and commerce, and any other actions between willing parties.

The official Liberty Amendment site

thelibertyamendment.org