U.S. Constitution Needed Reforms


1 Courts Amendment

Below is the text of the proposed Courts Amendment to the U.S. Constitution.
Be it resolved that the 11th Amendment has been interpreted wrongly. The authority of the United States Courts to hear disputes between a State and Citizens of a Different State shall not be questioned in cases involving questions of federal law. No State nor its officers shall be immune to suit in any court in the United States for any question arising under federal law. The United States and its officers shall not be considered immune to suit under any basis of sovereign immunity.
As it has been determined that congress may from time to time enact unjust jurisdictional requirements to frustrate judical review, it is it resolved that the right to judicial review be preserved. Congress may determine which federal court may hear a particular matter, but shall not have the authority to deprive the federal courts of jurisdiction to review federal questions, nor shall congress have the authoritty to deny the court remedy of injunction, compensatory damages, or declaratory judgment. Furthermore, the Supreme Court of the United States shall have either original or final appellate jurisdiction over all questions of federal law.
The Courts of the United States shall permit peremptory challenges to federal and state laws and policies by action for declaratory judgment.
In recognition that discretionary certiorari review is insufficient to protect federal rights, be it resolved that the right to appeal federal questions to federal court shall be unabridged. The final judgement of any the State courts shall be subject to federal review for questions of federal law by direct appeal to the federal court of appeals of mandatory jurisdiction that would hear cases of the same subject matter or in the same region, or, if no such court exists, mandatory review by the Supreme Court. Federal courts imposing review in such cases shall not review questions of state law unless nessecary to determine the resolution of a federal question.
The right to expedient discovery by the defense in all criminal cases of evidence beneficial to his or her case shall not be abridged.
In recognition that an increase in population without a corresponding increase in judgeships tends to lead to a backlog of litigation unresolved, it is declared that it is nessecary to ensure the United States forever has sufficient numbers of judges. The United States trial courts shall have a minimum of 1 judgeship position per 200,000 residents in each region that congress shall specifiy, or a greater number as specified by congress. The regional courts of appeals shall have a minimum of 1 judge per 1,300,000 residents, or a greater number as congress may specify. Upon the confirmation of the census or enactment of this amendment, each additional position made available by this amendment shall be made available for appointment proportioned evenly among the remaining February 20ths before the next census, but not less than 6 such February 20ths. In such cases where the number of appointments does not divide evenly among the number of remaing February 20ths, apportionment of the remainder shall be preferentially to first the sooner of the even years and then, should any remain, the sooner of the odd years. Upon enactment, if the next February 20th is more than 4 months away, half of the first set (or the lesser half if odd in number) of appointments that would be available upon the first February 20th shall instead be made available 4 months after enactment.
In recognition that decling salary of inflation adjusted wages of judges is detrimental to attracting the best lawyers to become and remain judges, and with sufficient conviction that congress will adequately compensate itself, and that higher salaries will attract better lawyers to become and stay judges, be it resolved that the minimum salary of the Aritcle III Judges of the United States be fixed with regard to the salary of members of Congress. For judges of the federal trial courts of original jurisdiction, the compensation shall not be less than one and one half the compensation of members of congress. For judges of the Appeals Courts, not less than two and one half times. And for the Justices of the Supreme Court, not less than five times.
The prohibition on excessive fines and punishments, shall, in like kind, extend to prohibition of excessive awards of punitive damages and statutory damages in civil cases.
The records of the United States Courts and the Courts of the several States shall in general be made availble to the public to view, download, and search. No person shall be denied the right to view and contest the evidence used in any case against him or her, or as a third party to be enjoined or searched against their will, whether civil or criminal, nor prohibited from sharing with his or her legal counsel.
Each Judge which is appointed to a position shall serve in that position for life, and no Article III position shall be filled unless appointed by the president and confirmed by the senate.