Freedom Amendments

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.

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.       The Congress shall have no authority to make any law to interfere in the commerce of the people of the United States, to impair the obligation of contracts, or to mandate actions by any individual, including those made in furtherance of any economic or commercial policy. Congress shall not abridge the freedom of production, commerce, or the voluntary and free exchange of goods and services, nor shall it create, operate, or participate in any business, professional, commercial, financial, or industrial enterprise. No court shall defer to any interpretation of law made by any department or agency of the United States when determining the meaning of statutes enacted by Congress.

 

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 House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states 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 designate the principal officer who shall execute the laws of the United States and appoint the other principal officers of the executive departments on the basis of a majority of the House of Representatives with the exception of the officers charged with the administration of justice.

2.     The President shall have power to grant reprieves, commutations, exonerations and pardons for offenses against the United States, except in cases of impeachment.

3.     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.

4.     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.

5.     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.

6.     The President may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper.

7.     The President shall receive ambassadors and other public ministers and heads of state.

8.     The President shall commission all the officers of the United States.

9.     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 high crimes and misdemeanors, or other behavior that renders them unfit for office.

G.    Whenever the President transmits to the Head of Government his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them 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 his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the President of the Senate until a new President is chosen.

 

VII.      The President of the Senate shall be chosen by the governors of the several states, each governor 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 delivered to the Senate and tabulated by a judge of the Supreme Court or an inferior court, in the presence of the assembled Senate. 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 governors of the several states.

 

VIII.     The Head of Government

A.    The principal officer chosen 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, by and with the advice and consent of the Senate, to make treaties, provided a majority of the House of Representatives and two-thirds of the Senate concurs.

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 Traditional Leaders, upon any subject relating to customary law within traditional communities.

7.     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 serve at the pleasure of the House of Representatives and may be removed at any time by a majority vote of that House. The individual designated by the President to serve as Head of Government shall assume office only upon the approval of the House by a majority vote.

 

IX.       The legislatures of two-thirds of the several states shall have the power to nullify any law of the United States, provided such nullification occurs within twelve months of the enactment of the law as defined in Article I. Upon such action, the law shall be of no force or effect throughout the United States.

This authority shall apply only to Acts of Congress, and shall be exercised by resolution adopted independently by each state legislature and transmitted to the Congress of the United States. When two-thirds of the legislatures have so acted, the nullification shall be certified and entered into the laws of the United States.

This amendment shall not be construed to authorize the states to nullify judicial decisions, executive orders, or treaties duly ratified, except to the extent they are dependent on an Act of Congress so nullified.

 

X.        This Constitution, and the laws of the United States which shall be made in pursuance thereof; shall adhere to and be interpreted as the organization of the natural right of lawful defense. It is the substitution of a common force for individual forces and this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of each.

 

XI.       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.

 

XII.      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.

 

XIII.     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.

 

XIV.    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 which shall have approval from the Constitutional Council, shall, before it become a law, be presented to the President of the United States; if he approves, he shall sign it, but if not, he shall return it, with his 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. If after such reconsideration a majority of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by a majority of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

 

XV.     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 and 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.

The judges of the Supreme Court shall nominate, and by and with the advice and consent of the Senate, shall appoint the Attorney General for the United States. The Attorney General shall hold their office during one term of ten years.

The Attorney 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. They shall hold their offices for a term of eight years, eligible to succeed in office for one additional term of office. 

The Attorney General and all appointed Attorneys of the United States shall be removed from office on impeachment for, and conviction of, treason, bribery, other high crimes and misdemeanors, or other behavior that renders them unfit for office.

 

 

XVI.    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 decisions, opinions, or objections of the Constitutional Council 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 bind the President in deciding whether to approve or reject any bill, nor limit the authority of the several states to nullify any law, nor restrict the Supreme Court or inferior courts in their judicial review.

The Constitutional Council shall have jurisdiction to determine whether treaties are in conformity with the Constitution and whether all regulations and executive actions are in conformity with the laws and Constitution; in such cases it may declare their annulment. 

 

XVII.   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.