An amendment to restore the rule of law

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The Issue

That we have a government of laws and not of men was a long honored tradition in America, until recently. Now we must turn this tradition into written law, and the rule of law is such a fundamental principle to a free people that it should be made a part of our Constitution. To that end we the undersigned demand that Congress propose and submit to the states for ratification an amendment to the Constitution of the United States in substance and purpose as follows: 

An amendment to restore the rule of law

Section 1: No one is above the law. No person by reason of holding office under the United States is exempt from prosecution for any alleged criminal offense or immune from civil suit, except that during a war declared by Congress or other actual national emergency a court may defer the adjudication of the case against that person for a period of time not to exceed the said war or emergency, or four years, whichever is shorter.

Section 2: No person convicted of any felony under federal or state law is eligible to hold any elected office under the United States or any appointed office requiring the advice and consent of the Senate.

Section 3: Any person holding office under the United States who acts beyond the lawful authority of that office does so as a private person and not in the capacity of the office, and may therefore be liable for such acts. Congress may by statute define and limit such liability.

Section 4: It is a felony offense for any elected official to refuse to relinquish office on the day appointed by this Constitution for his duly elected successor to assume the office, notwithstanding any challenge, in court or otherwise, by an incumbent to the results or validity of an election for the office of the incumbent.

Section 5: All persons holding office under the United States are public fiduciaries and shall not exploit their offices for personal gain or for the benefit of their families, friends, or associates. Congress shall by statute define such exploitation of office and determine the appropriate penalties. However defined, the breach of this public trust is a high crime and an impeachable offense.

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