More than two centuries ago, the United States Constitution was framed with the goal of limiting federal authority by enumerating its powers. Yet over time, this system has failed to restrain the steady and expansive growth of government. As Lysander Spooner once wrote, “But whether the Constitution really be one thing, or another, this much is certain—that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.”
The Freedom Amendments respond directly to this constitutional crisis—not by treating the symptoms of overreach, but by addressing the structural defects that made such overreach possible. While Mark Levin’s Liberty Amendments offered thoughtful proposals for reform, many of his suggestions do not go far enough, and some may even entrench the very powers they aim to curtail. The Freedom Amendments offer a deeper and more durable correction.
One major reform is the replacement of the presidential system with a parliamentary model. Over time, the presidency has accumulated vast authority, evolving into what Arthur Schlesinger, Jr. famously called “The Imperial Presidency.” Professor Thomas E. Cronin has described this as a system of largely unchecked executive power, exercised under vague constitutional grants and often shielded from meaningful oversight. A parliamentary model restores balance by making the executive directly accountable to the legislature, curbing the illusion of a popular mandate that has emboldened the modern presidency far beyond its intended scope.
These amendments also depoliticize the judiciary by severing its appointment process from direct electoral politics. Returning to the original design of the Senate—chosen by state legislatures—helps reestablish state sovereignty while reducing the partisan nature of federal judicial appointments. Likewise, placing judicial nomination powers with a ceremonial head of state, removed from day-to-day politics, helps to insulate the judiciary from ideological warfare.
Congressional overreach has become normalized, often justified by strained interpretations of the commerce and general welfare clauses. The Freedom Amendments impose clear limits by expressly tying federal spending and lawmaking to enumerated powers only. They eliminate the federal government’s authority to levy income taxes, restrict borrowing powers, and prohibit Congress from funding or administering state-level programs that are beyond its constitutional reach.
The war powers of the federal government are also reformed. A supermajority is required for any declaration of war, which must expire after one year unless renewed. Congress is prohibited from authorizing military force through any mechanism other than a formal declaration of war, thus ending decades of undeclared, open-ended military interventions.
To ensure fidelity to these reforms, a Constitutional Council is established to review legislation for compliance before it reaches the President. Additionally, two-thirds of state legislatures may nullify acts of Congress within a limited window, reviving the role of states as checks on federal power.
Finally, the Freedom Amendments require that future constitutional interpretation adhere to the principle that government exists solely to protect preexisting rights—not to create new ones or impose obligations upon others. This interpretive standard is essential to preserving liberty for future generations.
These amendments do not seek to perfect government—they aim to restrain it. Their purpose is to restore a federal balance of power, revive the role of the states, rein in executive authority, and make liberty once again the central feature of the American constitutional order.
Freedom Amendments
I. No
bill shall become a law which embraces more than one subject, that subject to
be expressed in the title.
II. The Congress
shall have power to lay and collect taxes, duties, imposts, and excises for the
purpose of paying debts, supporting the operation of the government, and
providing for the common defense of the United States. No such tax or duty
shall be enacted unless approved by two-thirds of each House of Congress,
including any bill that increases revenue. Congressional spending shall be
limited to carrying into execution powers expressly enumerated in this
Constitution. No duty or tax on imports from foreign nations may be imposed to
promote or favor any industry. All such taxes and duties shall be uniform
throughout the United States.
III. The
Congress shall have power to borrow money on the credit of the United States
provided two-thirds of each House of Congress approves.
IV.
Congress shall have no authority to regulate, restrict, or prescribe the terms
of any voluntary economic transaction, contractual agreement, or productive
economic activity among persons in the United States, nor to impair the
obligation of contracts, nor to compel any person to participate in any
economic or commercial arrangement as a condition of engaging in economic or
commercial activity.
Congress shall have authority to prohibit any State
from imposing taxes, duties, fees, or regulations that discriminate in purpose
or effect against goods, services, or persons originating in or destined for
another State. Congress shall have no authority to regulate commerce among the
several States beyond what is strictly necessary to enforce this prohibition.
Congress shall have no authority to abridge the
freedom of production, voluntary exchange, or the free transfer of goods,
services, labor, or property.
Congress shall have no authority to create, operate,
subsidize, or hold any ownership interest in any business, professional,
commercial, financial, or industrial enterprise, except where such activity is
expressly authorized by an enumerated power in this Constitution and is
indispensable to executing that power.
V. The Congress shall have power to declare war, provided two-thirds of each House of Congress approves, and every declaration of war shall expire one year thereafter unless two-thirds of each House of Congress shall authorize an additional year, each year thereafter. Congress shall have no power to authorize any use of military force by any bill, order, resolution or vote other than a declaration of war, unless actually invaded, or in such imminent danger as will not admit of delay.
VI. The
Head of State
A. The President of the United States shall be the head of state of the United States. He shall hold his office during one term of eight years.
B. The
President shall be elected, as follows:
1.
The
Legislature of each state shall appoint a number of electors, equal to the
whole number of Senators and Representatives to which the state may be entitled
in the Congress: but no Senator or Representative, or person holding an office
of trust or profit under the United States, shall be appointed an elector.
2.
The
electors shall meet in their respective states and vote by ballot for
President; they shall name in their ballots the person voted for as President
and they shall make distinct lists of all persons voted for as President, and
of the number of votes for each, which lists they shall sign and certify, and
transmit sealed to the seat of the government of the United States, directed to
the President of the Senate. The President of the Senate shall, in the presence
of the Senate and House of Representatives, open all the certificates and the
votes shall then be counted. The person having the greatest number of votes for
President, shall be the President, if such number be a majority of the whole
number of electors appointed; and if no person have such majority, then from
the persons having the highest numbers not exceeding three on the list of those
voted for as President, the electors shall choose immediately, by ballot, the
President; and if no person shall then have such majority, the electors shall
proceed forthwith to a further ballot between the two persons having the
highest numbers on the preceding ballot, and a majority of the whole number of
electors appointed shall be necessary to a choice.
3.
The
Congress may determine the time of choosing the electors, and the day on which
they shall give their votes; which day shall be the same throughout the United
States.
4.
No
person except a natural born citizen shall be eligible to the office of
President; neither shall any person be eligible to that office who shall not
have attained to the age of thirty-five years, and been fourteen years a
resident within the United States.
5. The President shall not be a member of Congress or of the legislature of any state nor shall the President hold any other office of profit or trust of the United States or any of the several states for a period of five years before his election.
C. The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
D. Before he enter on the execution of his office, he shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
E. Duties
of the President of the United States
1.
The President shall appoint and commission as Head of
Government the person who, by vote of the House of Representatives, has
obtained the confidence of a majority of its members.
2.
The President shall appoint and commission the
principal officers of the executive departments upon the proposal of the Head
of Government and after such officers have obtained the confidence of a
majority of the House of Representatives, with the exception of the Prosecutor
General. Principal officers of the executive departments may be chosen from
among the Members of the House of Representatives. Such officers shall serve at
the pleasure of the Head of Government. The withdrawal of confidence from the
Head of Government shall operate as withdrawal of confidence from the
Government collectively.
3.
The President shall have power to grant reprieves,
commutations, exonerations and pardons for offenses against the United States,
except in cases of impeachment.
4.
The President shall nominate, and by and with the
advice and consent of the Senate, shall appoint judges of the Supreme and
inferior Courts and councilors of the Constitutional Council.
5.
The President shall, on the recommendation of the Head
of Government, appoint ambassadors who shall serve as representative of the
United States. Ambassadors may be removed from office by the Head of
Government.
6.
The President shall bear the title of commander in
chief of the defense forces of the United States, and of the organized militia
of the several States when called into the actual service of the United States.
The command of the defense forces shall be exercised by the Head of Government.
7.
The President shall dissolve the House of
Representatives and call a general election if the House has failed to elect a
Head of Government within forty-five days from the occurrence of a vacancy in
the office of Head of Government.
8.
The President shall receive ambassadors and other
public ministers and heads of state.
9.
The President shall commission all the officers of the
United States.
10.
The President shall recognize individuals or groups
for extraordinary achievement and acts of bravery and heroism.
F.
The
President and all civil officers of the United States shall be removed from
office on impeachment for, and conviction of, treason, bribery, other felonies
and misdemeanors.
G.
Whenever
the President transmits to the Head of Government his written declaration that
he is temporarily unable to discharge the powers and duties of his office, and
until he transmits to the Head of Government a written declaration to the
contrary, such powers and duties shall be discharged by the President of the
Senate as Acting President.
H.
In
case of the removal of the President from office, or of death, resignation, or
permanent inability to discharge the powers and duties of the office, the same
shall devolve on the President of the Senate, who shall serve as Acting
President until a new President is chosen.
The
several state legislatures shall, within twenty days of such permanent vacancy,
appoint electors in the manner they deem appropriate for choosing a President.
These electors shall meet within ten days thereafter to vote for a new
President, whose election shall be finalized by Congress in accordance with
established procedures.
During the interim period, the Acting President may perform ceremonial duties,
receive ambassadors, recognize extraordinary achievements, commission officers,
and execute administrative and ministerial tasks necessary for continuity. The
Acting President shall not exercise powers involving judicial nominations,
pardons, ambassadorial appointments, or military command beyond ceremonial or
administrative acts, unless expressly authorized by Congress or the Head of
Government.
The new President shall serve a full eight-year term, beginning upon taking
office. No person shall serve as President for more than eight years in total,
whether consecutive or non-consecutive.
VII. The President of
the Senate shall be chosen by the executive authority of each state, each
casting one vote, no later than noon on the third day of January in the year in
which a new class of Senators is chosen, and following the general election of
Representatives. Voting shall be by ballot, and shall continue without
adjournment until one person has received a majority of all votes cast. The
candidate must be eligible to serve as President of the United States and shall
not hold any other office under the United States or any of the several States.
Ballots shall be transmitted to the Senate and counted in the presence of a
judge of the Supreme Court or another federal court as prescribed by law. The
President of the Senate shall serve for a term of three years and may be
re-elected. Removal from office before the expiration of the term shall require
a two-thirds vote of the executive authorities of the several states.
VIII. The
Head of Government
A. The person elected by the House of Representatives to command its confidence and commissioned by the President to execute the laws of the United States shall be the Head of Government. No individual shall hold the office of two executive departments simultaneously nor shall the Head of Government hold any other appointed office.
B.
Duties
of the Head of Government
1.
The
Head of Government shall take care that the laws be faithfully executed.
2.
The
Head of Government shall give to the Congress information of the state of the
federation, and recommend to their consideration such measures as he shall
judge necessary and expedient.
3.
The
Head of Government shall confer with the Head of State at regular intervals on
matters concerning the governance and affairs of the federation.
4.
The
Head of Government shall have power to negotiate treaties, which shall enter
into force only upon the concurrence of a majority of the House of
Representatives and two-thirds of the Senate.
5.
The
Head of Government shall appoint all other officers of the United States, whose
appointments are not herein otherwise provided for, and which shall be
established by law: but the Congress may by law vest the appointment of such
inferior officers, as they think proper, in the Head of State alone, in the
courts of law, or in the heads of departments.
6.
The
Head of Government may require the opinion, in writing, of the principal
officer in each of the executive departments, upon any subject relating to the
duties of their respective offices.
C.
The
Head of Government shall hold office only so long as they command the
confidence of a majority of the House of Representatives. The House may
withdraw such confidence only by simultaneously electing a successor by a
majority of its members. The person so elected shall be commissioned by the
President of the United States and shall thereupon assume the office of Head of
Government.
D.
Upon
the resignation, removal, death, or incapacity of the Head of Government, the
powers and duties of the office shall be exercised by such principal officer of
the executive departments as Congress may designate by law, or, in the absence
of such designation, by the senior principal officer as determined by length of
continuous service in that principal office, until a successor has been
commissioned.
During any period in which the office of Head of
Government is vacant, the person exercising the powers of that office and the
principal officers of the executive departments lawfully in office shall
continue in a caretaker capacity until a successor has been commissioned.
A government in caretaker capacity shall exercise only those powers necessary for the ordinary administration of government business and the continuity of essential public services. It shall not undertake major policy decisions, make permanent appointments, enter major contracts or other commitments, or take any other action of a permanent or irreversible character that would bind or materially constrain a successor government, except as strictly and demonstrably necessary to address urgent and unforeseen emergencies threatening public safety, national security, or the basic functioning of government. A caretaker government may make temporary acting appointments strictly necessary to maintain the continuity of essential government functions, provided that any such appointment shall expire upon the commissioning of a successor Head of Government.
IX. Any Act of
Congress shall take effect upon its promulgation as provided by this
Constitution. Within twelve months of such promulgation, the legislatures of
two-thirds of the several States may declare, by resolution adopted
independently by each state legislature and transmitted to the Constitutional
Council, that the Act exceeds the powers delegated to the United States by this
Constitution. Upon ministerial certification by the Chief Councilor of the
Constitutional Council that resolutions of two-thirds of the several States
have been duly received within the prescribed period, the Act shall be of no
force or effect throughout the United States.
X. The
sixteenth article of amendment to the Constitution of the United States is
hereby repealed. The Congress shall have no power to lay and collect taxes on
incomes, from whatever source derived.
XI. The
Senate of the United States shall be composed of three Senators from each
state, chosen by the legislature thereof, for terms of nine years, with a power reserved to a two-thirds
majority of each legislature to recall its Senators, or any of them.
Except in trials of impeachment, each state shall cast
one vote in the Senate, to be determined by the majority of its Senators. In
the event the Senators fail to agree, the vote of that state shall not be
counted. In trials of impeachment, each Senator shall have one vote.
Immediately after they shall be assembled in
consequence of the first election, they shall be divided equally into three
classes, each class composed of one member of each state delegation so that one
third may be chosen every third year; and if vacancies happen by resignation or
otherwise, during the recess of the legislature of any state, the executive
thereof may make temporary appointments until the next meeting of the
legislature, which shall then fill such vacancies.
XII. The
House of Representatives shall be composed of members chosen every third year
by the people of the several states, and the electors in each state shall have
the qualifications requisite for electors of the most numerous branch of the
state legislature.
Each state shall have at least three Representatives; and until such enumeration shall be made, shall be apportioned in accordance with the most recent census. No state shall create a legislative district with fewer than three Representatives. Representatives shall be chosen in accordance with the principle of proportional representation.
When vacancies occur in the representation from any
state, they shall be filled in the manner prescribed by the legislature of that
state, provided that such manner shall preserve, as nearly as practicable, the
proportional results of the most recent election in that district. Such
individual shall serve for the remainder of the term.
Notwithstanding any other
provision of this Constitution, a Member of the House of Representatives may be
appointed as a principal officer of the Government who serves at the confidence
of the House of Representatives and may retain his or her seat during
continuance in such office.
XIII. The Constitutional Council shall consist of
no more than nine councilors, who shall hold office during good behavior and
receive compensation at stated intervals, which shall not be diminished during
their continuance in office. The Councilors shall designate one of their own
number who shall preside as Chief Councilor. The decisions, opinions, or
objections of the Constitutional Council on bills presented to the
Constitutional Council by Congress shall not be considered binding precedent
nor possess the force of law, and shall be advisory only, serving solely to
identify whether a proposed measure conforms to this Constitution. Such
determinations shall not limit the authority of the several states to nullify
any law, nor restrict the Supreme Court or inferior courts in their judicial
review.
Every bill, order or resolution, declarations of war
notwithstanding, which shall have passed the House of Representatives and the
Senate shall be presented to the Constitutional Council of the United States.
The Constitutional Council shall only determine if the bill is in full
compliance with all the articles of this Constitution and any amendments
thereto. If it approves, the Constitutional Council shall transmit the bill to
the President but if not, the Constitutional Council shall return it, with its
objections to that House in which it shall have originated, who shall enter the
objections at large on their journal, and proceed to reconsider it. No bill
shall be presented to the President of the United States without the approval
of the Constitutional Council of the United States.
Every bill approved by the Constitutional Council
shall be countersigned by the Head of Government and certified and promulgated
by the President of the United States. Such bill shall take effect in
accordance with its terms.
Every order, resolution, or vote to which the
concurrence of the Senate and House of Representatives may be necessary (except
on a question of adjournment) shall be subject to the same procedure.
XIV. The
Judiciary and Prosecutor General
A. The
judicial power of the United States shall be vested in one Supreme Court
consisting of nine judges and in such inferior courts as the Congress may from
time to time ordain and establish. The judges, both of the Supreme Court and
the inferior courts, shall hold their offices during good behavior and shall,
at stated times, receive for their services a compensation, which shall not be
diminished during their continuance in office.
B.
The judges of the Supreme Court shall nominate, and by
and with the advice and consent of the Senate, shall appoint the Prosecutor
General of the United States. The Prosecutor General shall hold office for a
term of ten years and shall not be eligible for reappointment.
The Prosecutor General shall nominate, and
by and with the advice and consent of the Senate, shall appoint Attorneys for
the United States for any district for which a judge having criminal
jurisdiction shall have been provided by law. The Attorneys for the United
States shall hold office for a term of eight years and shall be eligible for
reappointment to one additional term.
The Prosecutor General and all appointed
Attorneys for the United States shall be removed from office only upon
impeachment for, and conviction of, treason, bribery, or other felonies and
misdemeanors.
C.
The
Prosecutor General shall exercise prosecutorial authority independently and
shall not be subject to the direction or supervision of the President, the Head
of Government, Congress, or any officer or agent of any of them, in the
exercise of prosecutorial discretion. The Prosecutor General shall determine
whether criminal or civil proceedings shall be commenced, maintained, settled,
or dismissed on behalf of the United States and shall direct the conduct of all
prosecutions brought in the name of the United States.
D.
Nothing
in this Article shall be construed to limit the authority of Congress to enact
laws, appropriate funds, conduct oversight, confirm appointments, or exercise
the power of impeachment, provided that neither House of Congress nor any
committee, member, officer, or agent thereof may direct the exercise of
prosecutorial discretion in any particular matter.
E.
The
Attorneys for the United States and all subordinate prosecutorial officers
shall exercise prosecutorial authority under the direction of the Prosecutor
General alone. The Prosecutor General shall establish uniform policies
governing the exercise of prosecutorial discretion. Congress shall provide by
law for such offices, personnel, appropriations, and procedures as are
necessary to assist the Prosecutor General and the Attorneys for the United
States in carrying out the duties of their offices.
F.
Investigative agencies and law enforcement
bodies of the United States shall remain within the executive branch and under
the authority and direction of the Head of Government. Such agencies shall
comply with all lawful requests of the Prosecutor General reasonably necessary
for the investigation and prosecution of offenses against the laws of the
United States. No executive officer shall prohibit, obstruct, or materially
interfere with such lawful requests, nor refuse compliance on the basis of
direction from the President, the Head of Government, or any other executive
authority.
G. The Prosecutor General may petition any court of competent jurisdiction for appropriate relief to secure compliance with this Article. Nothing in this Article shall be construed to authorize the Prosecutor General to direct the administration, organization, personnel, appropriations, or general operations of any investigative agency or law enforcement body, except as may be necessary to enforce lawful judicial orders issued pursuant to this Article.
XV. The Congress shall not appropriate funds to any state, nor enter into agreements with any state to perform or administer policy, programs or services except where such funding or cooperation is both necessary and proper for carrying into execution enumerated powers vested by this Constitution in the government of the United States, and all such appropriations shall be subject to the revision and control of the Congress.
