Sunday, February 12, 2006

A book soon to be on my shelf...


There's a book now out that I'm anxious to read regarding The Fair Constuction Amendment, a notion put forth by Karl Spence:

The Fair Construction Amendment

Section 1: The Judiciary of the United States shall not presume to exercise nonjudicial power.

This Constitution is changed only by an explicit and authentic act of the whole people. The sense in which it was accepted and ratified by the nation shall be the guide in expounding it, precedents to the contrary notwithstanding. Its provisions are neither to be restricted into insignificance nor extended beyond the natural and obvious meaning contemplated by the plain understanding of the people at the time of its adoption. Any faults it may contain are to be corrected by amendment as prescribed in Article V, not by usurpation.

Disregard of these principles is cause for impeachment.

Section 2: No one in the United States shall be either subject to or entitled to discrimination in education, employment, housing, or public accommodations on account of race.

The Congress shall have power to enforce this section by appropriate legislation.

Section 3: The provisions of this Constitution’s first article of amendment shall apply to the states as well as to the United States; but in every other respect, they shall be expounded according to the rules set forth in Section 1 of this article.
In his book, Mr. Spence argues his case for this amendment. I am currently undecided as to the ultimate merits of such an amendment. I have been in correspondence with Mr. Spence, and he truly feels that his proposal is the means with which to get originalists on the bench, regardless of the prevailing parties in power, since judges will only be allowed to utilize the Constitution in making their decisions.


(Filed under great reads)