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How To Fix The Constitution
The principal problem with the present “Constitutional” regime is the absence of a mechanism for self-enforcement. On a daily basis Americans are subject to systematic anti-constitutional, extra-constitutional or down right unconstitutional behavior by government officials.
The vast majority of such abuses do not yield significant monetary damages. Even the classic wrongful arrest or unlawful detention is not necessarily a multi-million dollar lawsuit in the waiting. As a result, those friendly with Attorneys or blessed with strong financial resources can fight the system more easily.
The solution to this imbalance is clear. A system of financial penalties must be established for government violators of the Constitution. This will entice Attorneys to take up Constitutional “Crusades” at the behest of victims.
Minimum statutory damages per Constitutional violation must exist. For example, if each violation of the Constitution resulted in a minimum $50,000.00 penalty then surely there would be no shortage of able bodied Lawyers willing to toil against the beast.
Who should pay such penalties? The government official or worker and their agency. From the local High School Teacher to your Member of Congress. In the case of a Teacher, not only would the Teacher be personally liable but their employer the School.
No maximum statutory amount would ever be set. Wrongful death suits should never be limited to $50,000.00, personally speaking multi-billion dollar judgments aren’t unreasonable in my opinion. Naturally, egregious episodes shouldn’t be dischargeable in Bankruptcy. Just like most civil fines can not be purged through an insolvency proceeding.
The point is to install financial fear in the hearts of violators. Ignorance of the Constitution is no bliss neither is “just following orders.” Alright, so then fewer people would work for the government. Perhaps, but is that so terrible? More seriously, the insurance industry would probably lobby for such a bill to be passed.
Imagine a whole new insurance product designed for government agencies and workers to defend against such suits. The corollary is obvious, with insurance backing, such suits could have the possibility of a pay out. Hence, the American Bar Association would also lobby for such a bill.
Minority, Homosexual and Women’s groups would likely leap on board. Not to mention the environmental and medical Marijuana lobby. I suppose even some of those crazy Ron Paul supporters could see the benefit.
The free market would reward governments that generate fewer cases than those that feel the need to constantly taser citizens, through lower insurance premiums. Some entities might wind up becoming un-insurable and could be subject to administrative reorganization or even elimination.
The natural opponents of such a program would be the unions representing government employees. The unions would demand their members not be personally liable for violations of the Constitution. Without personal liability, workers could hide behind their employer and with hard-to-fire rules in place, the likelihood of termination wouldn’t be as strong or clear.
Taxpayer groups might raise objections to paying insurance premiums or even judgments rendered. The threat from taxpayers is minimal. For no league of taxpayers was able to prevent the Income Tax or its subsequent adjustments. Taxpayers are at best timid and weak. Maybe, if taxes were to summarily spike due to clear unconstitutional activity, they in turn would file suit to ask for the dissolution of a runaway entity.
The volume of Constitutional claims could be high enough to justify a separate “Constitutional Court” for Plaintiffs to bring forth allegations. Much like Family, Juvenile or Traffic Court. The possibilities are limitless.
Those that suffer from government should be compensated. Those that violate the Constitution should be punished and even put on a Website like Sex Offenders. The latter can be achieved without legislation and can be done by the YouTube generation. After all, a wimpy little YouTube video decrying the Police State is a start, but actions always speak louder than moving videos.
Hungry for more?
This is a brilliant idea.