Disability Party believes the Constitution needs to be amended to reform some major problems with the federal courts and federal judges. These problems arise from Article III being used to block disability rights and the right to use the courts without interference by judges.
A court is where facts are recorded permanently so that justice may be done. No judge should have the power to interfere with a citizen using these rights. No judge has the right to interfere with a lawyer enforcing disability rights, period. In no case may any judge criticize disability rights or legislate from the bench. The Constitution must make this clear and provide an alternative means of getting relief outside the courts when the Courts violate constitutional and statutory rights.
This is the current Article III of the U.S. Constitution, for reference:
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;–to all cases affecting ambassadors, other public ministers and consuls;–to all cases of admiralty and maritime jurisdiction;–to controversies to which the United States shall be a party;–to controversies between two or more states;–between a state and citizens of another state;–between citizens of different states;–between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
Article III of the Constitution should have an addendum that abolishes anything in Article III that is not consistent with the amendment.
Standing law under this Article III ha been used to defeat civil rights protections and this has violated many laws and prevented their implementation. Any person henceforth has standing to enforce any civil rights law passed by Congress and the right to the full amount of damages as if directly affected by a violation of civil rights laws. Tester standing is specifically a constitutional right and standing should be a minimal test of whether a violation of a civil rights law occurred, not a barrier to any person’s right to protest it with a lawsuit.
Congress shall pass no law restricting or infringing on the right of the People to file an appeal with the U.S. Supreme Court and have that appeal be adjudicated fully and faithfully to law and the Constitution. There is no power of Congress to restrict this right and any past legislation restricting the power and right of the People to use the services of the U.S. Supreme Court is hereby declared unconstitutional. Anyone who was denied this right shall be eligible for a $10,000 payment from the U.S. Treasury for the violation of this fundamental right that Congress has denied in 1925 and on other occasions. The same right to an appeal from the courts of appeals shall also apply to appeals from state supreme courts. Denial of the ability to appeal from a state court shall also be compensated by the U.S. Treasury in the amount of $10,000. There is a right to use any state or federal court under the Due Process Clause.
There shall be no courts of appeals, but only the U.S. Supreme Court, which shall divide itself into divisions to supervise the circuits, and district courts as the trial courts of the federal judicial branch. All court of appeals judges shall be removed upon the passage of this amendment and such judges shall not have any pension or other payment from the day they leave office. Congress shall by law decide the number of Supreme Court justices such that they number enough to replace all court of appeals judges. Circuit judges have never been mandatory in the Constitution and they have been serving as de facto Supreme Court justices because Congress has restricted appeals to the U.S. Supreme Court. It is time to abolish the circuits and replace those judges with Supreme Court justices. A flat structure in the Courts is a better structure.
No judge shall ever label any citizen lawsuit or complaint as being “frivolous” or disrespect those who use the courts. Judges are as a matter of law at a status below the individuals who use the Courts. Judges are public servants and any judge who violates a citizen by criticizing or mocking a lawsuit or any filing shall be removed. The person mocked or attacked by a judge need merely make a complaint to the U.S. Marshal serving in a courtroom or serving that court. The judge shall be physically removed when a citizen asks. This nation has had enough of haughty individual judges.
No state court shall ever punish a lawyer who made a civil rights complaint to that state court or about that state court. No state court shall use the word “frivolous” to attack any civil rights lawsuit or complaint and if this happens, anyone involved in disciplining or attacking such a lawyer shall be forever banned from holding office of any kind under any state or the federal government, including holding a law license. Any state justice or judge who attacks a disabled lawyer shall be liable for damages, declaratory relief, and injunction relief. Any suspension or disbarment imposed that harms a disabled lawyer shall result in a damages payment of $1,000,000 for each law license affected, to be indexed with inflation from the time this amendment passes.
No judge or justice either state or federal may order that a person cannot make filings or use the Courts for any reason. Simply making court filings is a federal constitutional right that no judge may infringe. A judge is a public servant, not a gatekeeper to justice. To this end, if any judge should violate Due Process or any other provision of the U.S. Constitution, that judge shall create a liability on the United States and there shall be no defense. Damages shall be assumed to be extreme when a judge or court inflicts a ban on a person using the courts, including making filings with clerks. This provision is retroactive.
If a person asks for in forma pauperis status and demonstrates income (earned and unearned) below $50,000 per year, indexed for inflation from the amendment passing, that person shall be granted in forma pauperis status regardless of assets. This is not optional and if a judge refuses, that judge shall be removed from office and the status shall be granted by the Clerk instead. In forma pauperis is access to the courts and therefore is a constitutional right.
Access to the courts has frequently been denied based on deficiencies in service, and litigants have been deprived of rights on this basis. Within one year of this amendment being passed, Congress shall allocate funding sufficient to institute a national service of process system that includes every person and every organization in the United States. This information shall be connected to voter rolls, selective service rolls, Social Security, and IRS information on every person and entity. Every person needing to serve another shall have the right to use this e-service system for the price of the postage required. Further, if a court orders its clerk and staff to serve a defendant, the plaintiff is not to blame if the service is done wrong.
The PACER.gov database of federal court filings and information is a fundamental part of participating in a federal lawsuit and any person who has paid a court filing fee or who has been granted in forma pauperis status at any time in the past shall have the right to full and equal access to the PACER.gov system without any fees. Any refusal is a constitutional violation of access to the courts and shall be compensated by the U.S. Treasury at a rate of $10,000 per refusal. This section is retroactive.
Checks and balances has been a distorted idea primarily centered on the branches of government and the states preventing accumulations of power that would harm individual rights. As the disability rights movement tells us, “nothing about us without us.” Just like every U.S. House and U.S. Senate member and the president must be elected, so too the federal judiciary must be elected. Judges and justices at the federal and state level shall have the same system of elections and term limits. A person wanting to run for state or federal judge or justice must merely declare as much with no other requirement (besides bar membership active or inactive or even suspended) whatsoever imposed by any state or federal entity or legislature. A judge or justice shall have a term of 4 years with one renewal after facing an election in the district the judge or justice serves. Similarly, all U.S. Supreme Court justices shall be elected nationally on a staggered basis like the president and shall have a term of 4 years, with one additional term after re-election. Elections are not enough. Judges have so much power that a state legislature may remove a state judge with a 60% or greater vote in at least one chamber. Federal judges including Supreme Court justices may be removed with a 60% or greater vote in either the U.S. House or the U.S. Senate. The public may petition any U.S. Senator or U.S. House member to put a judge or justice on the state or federal ballot in the next election to ban that person from being a judge and remove her or him from office.
Far too many ethical violations have corrupted the federal and state judicial branches. Unethical behavior violates the 5th Amendment Due Process Clause and is compensable by the U.S. Treasury with no defenses. No judge shall ever be appointed when she or he is an appellee before the Court hiring him or her. The appellant shall always win such a case the moment the judge is hired by the court of appeals. This shall be retroactive and the United States Treasury shall pay the full damages in the complaint of the appellant who was injured by his court hiring his opponent.
There has been some confusion in the court about whether money damages can be awarded for violations of the Bill of Rights or any other part of the Constitution. The Constitution was created for and by We the People. This is not a document for governments or officers of state or federal governments. Any violation of any part of the Constitution that damages a person and causes them injury shall be paid by the U.S. Treasury. It shall not be judges who decide that judges have violated the Constitution. When a person is injured, they need merely file a claim for damages in the amount of the complaint that was denied using unconstitutional means. There is no immunity of any kind for a federal judge except individual immunity. This means that a judge may not be sued individually, but the Court and the United States may be sued for any type of relief known under law or equity. Citizens must have relief and judges are not infallible Platonic Guardians who protect rights. Judges are just as biased as any other official and they are not special. Certainly, judges are not special enough to have a monopoly on protecting citizen rights. Judge have demonstrated racism, ableism, sexism, and have violated every civil rights law that Congress passes. It is time for the U.S. Treasury to open the checkbook and pay those injured by judges. No trial. No excuses. Payment. This section shall be retroactive.
The doctrine of res judicata shall not apply to any case which has at least one different defendant and one different legal theory and one different material fact not considered in a previous litigation. Further, federal courts have full jurisdiction to enforce federal law and the Constitution on every aspect of a state, including its state courts. Any judge who acts contrary to this shall be removed from office immediately.
No lawyer shall ever be disciplined without a full and fair hearing, and this includes reciprocal discipline, which cannot occur without a full and fair hearing. An in-absentia hearing is not a hearing and no discipline can be imposed based on such a non-hearing. A national lawyer disciplinary body shall be created by Congress within one year of this amendment passing and only this body shall have the power to discipline any attorney. No state court shall have this power anymore because there are too many possibilities for conflict of interest by state courts. This section is retroactive and any attorney who feels wrongly disciplined may petition this new body to remove that discipline and impose any damages done by the state courts.
This amendment shall take effect when passed by ¾ of the State legislatures and there shall be no time limit for the states doing so.
Andrew Straw and his Disability Party care about citizens and attorneys having full and equal and fair access to the judicial branch and there have been so many violations and so much corruption that such radical reforms as the above are beyond overdue. We believe James Madison would approve of these changes if he were alive today and could see the corruption and due process violations that evolved out of Article III.