Why We Need New Safeguards
Recent news—highlighted concerns about presidents invoking emergency powers unchecked" constitutioncenter.org+15lawfaremedia.org+15constitutioncenter.org+15, and undermining judicial authority on key issues like “posse comitatus” —make clear that executive power can outgrow its Constitutional limits. Global democratic backsliding shows how quickly democracies unravel when no safeguards exist .
Implementing these amendments would:
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Limit executives' emergency and executive order powers
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Ensure judicial enforcement mechanisms remain strong
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Add necessary checks, balances, and accountability tools
✍️ Proposed Constitutional Amendments
| Power Area | New Amendment Proposal |
|---|---|
| Presidential Emergency Powers | Emergency Powers Safeguard: Requires Congress to approve any national emergency declaration within 30 days by 2/3 vote of Congress, or it automatically expires. Presidents cannot bypass existing law. |
| Executive Order Limitation | Executive Order Review Clause: All major federal executive orders must pass Congress within 90 days by 2/3 vote of Congress, or they automatically expire. Judges can review without bond or standing limits. |
| Presidential Immunity | No One Above the Law Amendment: Clarifies no president is immune from prosecution for crimes committed while in office after they leave office en.wikipedia.org+15theguardian.com+15ogles.house.gov+15arxiv.org+1thetimes.co.uk+1en.wikipedia.org+15constitutioncenter.org+15youtube.com+15people.com+1businessinsider.com+1. |
| Term Limits for Justices | Judicial Term Amendment: Supreme Court Justices serve non-renewable 18-year terms with binding ethics code . |
| Congressional Term Limits | Congressional Term-Limit Amendment: Senate – max two 6-year terms; House – max six 2-year terms per office . |
🏛 Draft Bills for New Amendments
H.J.Res. 2025–1 (Emergency Powers Safeguard)
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Requires any emergency declaration >30 days to have explicit Congressional approval by 2/3 vote of Congress.
H.J.Res. 2025–2 (Executive Order Review Clause)
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Mandates that significant federal executive orders require congressional passage within 90 days by 2/3 vote of Congress ; judicial review unconditioned.
H.J.Res. 2025–3 (No One Above the Law Amendment)
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Clarifies that the President retains no constitutional immunity from criminal prosecution post-presidency.
H.J.Res. 2025–4 (Judicial Term Amendment)
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Changes Supreme Court tenure to single 18-year term, with binding code of conduct required.
H.J.Res. 2025–5 (Congressional Term Limit Amendment)
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Institutes term limits for straight congressional service periods.
✅ Benefits of the Amendments
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Restores the Rule of Law: Ensures presidents cannot override courts through executive power.
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Reinforces Checks & Balances: Frees Congress from passive legislative compliance.
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Protects Independence of Courts: Safeguards institutional integrity against executive pressure.
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Prevent Institutional Capture: Limits career politicians and justices from entrenchment.
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Reflects Global Democratic Norms: Many democracies (e.g. Germany, South Korea) impose executive term limits businessinsider.com+9arxiv.org+9lawfaremedia.org+9constitution.congress.gov+7apnews.com+7reaganlibrary.gov+7thetimes.co.uk+2businessinsider.com+2theguardian.com+2termlimits.com+1reagan.blogs.archives.gov+1democrats-appropriations.house.gov.
📰 Reference Page
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Abuse of emergency powers risk lawfaremedia.org
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Executive overreach examples (Trump DOJ firings) congress.gov+15democrats-appropriations.house.gov+15businessinsider.com+15
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Biden’s Supreme Court reform plan theguardian.com+3businessinsider.com+3people.com+3
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Term limits for justices and congressional service/popular support theguardian.com+4businessinsider.com+4thetimes.co.uk+4
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Risks seen in authoritarian regimes (Ortega, others) apnews.com
