Radical Federalism
With urban and rural voters, and voters in different regions, continuing to drift apart in their political preferences, could devolution of some powers to the states help keep America united as one country?
Proposed constitutional amendments to help unify the Nation.
Amendment A -- Medicine and Intoxicants
1. The federal Congress shall not regulate:
the practice of medicine;
the provision of or commerce in drugs or intoxicants, for whatever purpose;
the provision of medical insurance.
2. Notwithstanding the first clause: Groups of states may enter into one or more multistate compacts for the regulation
of any or all of the aforementioned items, with the consent of Congress and governed by rules established by Congress.
Any state may withdraw from such a compact according to the rules of the compact, or within two years of providing notice
of its intent to withdraw.
3. Notwithstanding the first clause: Any person who, at the time of the enactment of this amendment, has paid federal Medicare
taxes for twenty or more years, shall be entitled to Medicare insurance coverage (or the equivalent thereof) upon retirement
in the amount promised at the time of this amendment, and provided by Congress. Individuals may opt out of such coverage if
permitted by law. Congress may maintain a Medicare system as long as necessary to comply with this clause.
4. Notwithstanding the first clause: This amendment does not restrict Congress' power over those territories where they
are granted exclusive jurisdiction pursuant to Article I Section 8 of this Constitution.
Amendment B -- Limitations on Congress' Power
1. The purpose of this amendment is to limit the power of the federal Congress granted by the third clause of Article I
Section 8 of this Constitution. It does not limit federal powers granted elsewhere in this Constitution and its amendments.
2. Congress' power to regulate commerce among the several states shall consist only of regulating commercial or banking
transactions occurring between individuals, corporations or organizations located within or operating from different states
at the time of transaction, or the transport of goods for sale between multiple states. Congress shall not regulate activities,
commercial or otherwise, occurring within a single state.
3. Congress shall not prohibit the transport of items intended for personal use from one state into a neighboring state,
provided the items are legal to possess in both states.
4. Notwithstanding the previous clauses, Congress and the several states shall have the authority to prohibit discrimination
by government agencies, businesses that serve the general public, housing, and employment, on the basis of race, color, religion,
sex, or national origin.
5. Congress shall not use the provision or denial of federal funding to the States in a coercive manner for the purpose of
circumventing the restrictions in this amendment.
6. Congress shall not employ excessive taxation for the purpose of circumventing the restrictions in this amendment.
Amendment C -- Protection of Private Communications
1. Neither the Federal government nor the States shall intercept, wiretap, or eavesdrop upon private communications between
individuals, unless a search warrant is issued by a judge permitting such a search.
2. No general warrant, permitting the search of all private communications in the nation or a particular area, nor permitting
the search of all or large groups of people, shall be issued.
3. Any search warrant issued pursuant to clause 1 shall name the person or persons to be searched, the types of communications
to be intercepted, and shall be valid for a limited time not to exceed two years.
Amendment D -- Firearms
1. The right of the people to possess firearms for the protection of their persons, homes, and communities is now and has always
been protected by this Constitution.
2. Congress and the several States shall have the authority to regulate or prohibit the manufacture, sale, and possession of
weapons of war other than small arms.
3. Congress and the several States shall have the authority to regulate or prohibit the manufacture, sale, and possession of
fully automatic small arms.
4. The several States and territories shall have the authority to require reasonable background checks and/or licensure for those
purchasing or possessing non-automatic or semi-automatic small arms. Congress shall have this authority only over those territories
where they are granted exclusive jurisdiction pursuant to Article I Section 8 of this Constitution.
5. Regulations established pursuant to clause 4 of this amendment, if any, shall not serve to generally prohibit the possession of
firearms otherwise protected by this Constitution. Licenses shall only be denied on the basis of criminal background, or mental
illness or deficit, and only then in accordance with due process of law. License fees, if any, shall only cover the costs of operating
the licensing system, and any net proceeds thereof shall be returned to the people within one year of their collection.
6. Congress may establish a national system for checking criminal backgrounds of individuals. The several States may, at their
option, utilize this system to facilitate the issuance of firearms licenses, if any.
7. Congress and the several States shall not employ excessive taxation for the purpose of circumventing the restrictions in this
amendment.
Amendment E -- Abortion
1. The several states shall have the authority to regulate or prohibit the practice of abortion. Congress shall have this authority
only over those territories where they are granted exclusive jurisdiction pursuant to Article I Section 8 of this Constitution.
2. Congress shall not use the provision or denial of federal funding to the States in a coercive manner for the purpose of affecting
state policy on the subject of abortion.
3. Any law prohibiting or effectively prohibiting abortion, in order to be valid, must be passed after this amendment goes into effect.