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jimmy the one

(2,720 posts)
9. sorry to hijack your thread!
Fri Jan 30, 2015, 12:46 PM
Jan 2015

Here's two more of Justice Stevens proposed amendments. The first pertains via the brady act, the second on gerrymandering is a pet peeve & indirectly related to rightwing progun lawmakers:

1. The "Anti-Commandeering" Rule: In 1997, by a 5-4 vote, the Supreme Court, created an "anti-commandeering" rule, which bans Congress from ordering state officials to carry out federal duties.
The case was brought by two county sheriffs, who did not want to do background checks for firearm sales as ordered by the Brady Act. The new rule led to holes in the database that would allow persons prone to violence, like the killer in the 2007 Virginia Tech mass shooting, to get firearms. Stevens notes that the "anti-commandeering" rule could also cripple other Congressional acts, from routine administration of federal programs to emergency responses to national catastrophes or acts of terror. His fix adds four words (in bold below) to the Constitution's Supremacy Clause:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges and other public officials in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.


2. Political Gerrymandering: Given that he has not heard one word in favor of political gerrymandering from any federal judge, Stevens believes that his amendment addressing it should sail through into law. He points out that, in addition to making legislative districts less representative and less competitive, political gerrymandering tends to give us candidates with more extreme positions. In 1986 the Supreme Court made it practically impossible to challenge gerrymanders by setting a lofty and cloudy standard: "[A] finding of unconstitutionality must [show] continued frustration of the will of a majority of the voters or effective denial to a minority of the voters of a fair chance to influence the political process." Stevens takes a simpler view: "Just as a controlling political party may not use public funds to pay its campaign expenses, it is also quite wrong to use public power for the sole purpose of enhancing the political strength of the majority party."
He would ban that abuse of power with this new amendment:

{evidently a new one by stevens}: Districts represented by members of Congress, or by members of any state legislative body, shall be compact and composed of contiguous territory. The state shall have the burden of justifying any departures from this requirement by reference to neutral criteria such as natural, political, or historic boundaries or demographic changes. The interest in enhancing or preserving the political power of the party in control of the state government is not such a neutral criterion
http://www.dailykos.com/story/2015/01/28/1360644/-Justice-Stevens-Pens-Six-Amendments-to-Tune-Up-Constitution?detail=email

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I also read that one of the reasons for militias upaloopa Jan 2015 #1
Excellent post. I also recommend Stevens' Dissent in Heller. Hoyt Jan 2015 #2
Heller: billh58 Jan 2015 #3
Yep... NoJusticeNoPeace Jan 2015 #4
Refreshing to see a saliva free look at what is in the constitution and flamin lib Jan 2015 #5
compare miller with heller jimmy the one Jan 2015 #6
I was curious why none of our gun friends have commented... NoJusticeNoPeace Jan 2015 #7
hot off the presses jimmy the one Jan 2015 #8
sorry to hijack your thread! jimmy the one Jan 2015 #9
Thoughts on the 2nd Amendment guillaumeb Jan 2015 #10
Translation: fear...of course you are right. NoJusticeNoPeace Jan 2015 #11
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