The Pledge to Safeguard the Constitution
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We as citizens and/or as candidates for political office support and call on Congress to enact legislation around the comprehensive framework of the following four affiliated proposals in order to bring any president of the United States under the full legal authority of the Constitution:
1a – We pledge to advance a congressional resolution and/or legislation (and ultimately, if required, a Constitutional Amendment) reaffirming that no individual or office is above the law; and the legal obligation of all members of BOTH the executive and legislative branches of the federal government (including the President of the United States) to abide by whatever rulings the courts adjudicate (even under what might be defined as a "national emergency" or martial law declared under justification of Article II of the United States Constitution); and assert that failure to obey a Supreme Court order not specifically excluded by Congress as outside the Court’s jurisdiction would trigger appropriate legal remedy, up to and including an impeachment investigation if absolutely necessary.
1b - Concurrently, we will apply the same principles to the electoral process so that national emergencies or other factors may not be declared to supersede constitutionally established modern judicial or electoral procedures to determine the final outcome of elections, even ones challenged for improprieties, including for President of the United States. We will support steps to ensure that the popular vote in each state will be accurately counted and then faithfully certified by electors with no misuse of the 12th Amendment; will advance stricter monitoring of and restrictions on campaign activities dangerous to our democratic processes, and enforcement of laws to hold violators strictly accountable.
2 — We further pledge to insist that Congress revisit the 1976 National Emergencies Act so that ALL presidential emergency powers will be subject to closer congressional oversight and easier override; will be more clearly and narrowly defined; will automatically expire after shorter durations; and that any emergency not proactively reaffirmed by Congress would automatically expire and be defunded by default. Any continuation of martial law declared by a President (such as one triggered under the Insurrection Act) could be challenged by Congress before the Supreme Court for ultimate adjudication concerning its reversal; and would need to be upheld by the Supreme Court in order to remain in effect.
Concurrently Congress will be urged to revisit the War Powers Act to place rational restraints on the ability of an out of control President to initiate military action (especially during a concocted emergency) or to preemptively launch nuclear or other weapons of mass destruction.
3 - In order to ensure that there is not an inordinate concentration of power under the the Office of the President we pledge to support comprehensive legislation to bring the necessary institutions and officials of the federal government of the United States such as the Department of Justice, the Department of Defense and the inspectors general of crucial departments under more balanced and shared joint congressional and executive branch oversight; to ensure that unconfirmed “acting” heads of those departments cannot abuse executive branch authorities without proper constraints; and that independent investigations will be made expeditiously without obstruction or undue influence from the subjects who are themselves being investigated.
4 - We furthermore pledge to support legislation to rein in other presidential powers as appropriate to prevent covering up abuses in the above areas, and also to guard the integrity of our democratic institutions by making the executive branch more transparent and subject to greater scrutiny. The most important of these reforms are ones which affect freedom of speech and information because these involve the most potentially irreversible threats to our constitutional system (and could lead to the closure of the windows from which other assaults on freedom could even be viewed, let alone countered); and the War Powers Act and issues of war and peace which could lead to the very destruction of our planet itself.
As citizens, we pledge to advance these propositions.
As members of the United States House of Representatives and Senate, we swear to use our legislative authority to implement the above proposals; and we expect to be held appropriately accountable by the people for our success or failure in so doing.
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