sturgeonslawyer (sturgeonslawyer) wrote,
sturgeonslawyer
sturgeonslawyer

Equal Protection Clause

I propose (modulo better phrasing) the following Amendment to the United States Constitution, which I call "Equal Protection II." The first clause may have some bearing on the current immigration unpleasantness, but, as you'll see, the overal intent is far more general.

1. Neither Congress nor any State shall shall make any law creating new criminal penalties, or increasing existing liability, for any activity which is already illegal, unless it can be shown that existing laws are being generally enforced.

2. When any citizen of the United States is charged with any crime under either Federal or State law, a reasonable showing either that the law under which he or she is charged is not being generally enforced by the Federal or State government, or that it is being enforced by the Federal or State goverment in a selective manner, shall be grounds for immediate dismissal of charges, with the State or Federal government bearing all court costs.

3. No officer of the government of the United States, nor of any of the various States, shall be held immune from any generally applicable law. Any law written so as to be generally applicable except to select officers of the Federal or State governments shall be null and void.


Discuss, please.
Tags: essays, politics
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