The Whatley Amendment

 Whereas the United States Constitution is a document containing enumerated powers, and

Whereas these enumerated powers are presented as express powers or necessarily implied powers,

BE IT ORDERED, therefore, that all laws originating in either the United States Senate or the United States House of Representatives shall, from the date of the ratification this amendment, contain Article I, Section 8, and at least one of the 18 authorizing paragraphs in this Constitution that authorizes any law.  Each law shall have in it the following:  “According to the (express or implied [choose one]) power of Article I, Section 8 of the United States Constitution, paragraph ___, the following law shall be enacted: (state the law)."

     After this amendment is in effect, any law that does not contain an authorizing Article, Section and paragraph shall become null and void one minute after the President of the United States of America signs it.

     Silence of the Constitution: Ten years after the ratification of this amendment, all federal laws, rules, and administrative rules "on the books" that are operational and in effect at that time shall become null and void if they do not contain the obvious authorizing Article and Section and paragraph required above.  Any law that authorizes any federal agency, federal department, federal operation, federal activity, federal function or federal program about any subject in which the United States Constitution is silent shall become null and void on that ten year date. 

     Definitions: An express power is any power that is expressed forthrightly in plain English language.  An implied power is a power that is necessarily implied by an express power.  Example: the express power to maintain a navy necessarily implies buying or building ships, hiring and training sailors and building naval stations.  Unnecessarily implied powers of any sort shall not be considered an implied power for the purposes of this amendment.

     All federal laws, federal rules, federal administrative rules and all federal regulations that do not contain an authorization showing the Article and Section and paragraph enumerating the express or necessarily implied power of this Constitution for any such law, rule, or regulation shall become null and void one day after the tenth anniversary of the ratification of this amendment.  This shall be the probationary period for enactment of the results and effects of this amendment, during which time Congress shall make appropriate laws while respecting this amendment.

     Any member of Congress in the federal Senate or the federal House of Representatives who does not vote to implement the orders of this amendment after the ten year probation period shall be ineligible to stand or run for election at the next time he or she would ordinarily stand or run for re-election.  Any member of the Senate or House who does not qualify for re-election at the routine time for his or her re-election shall have his or her seat filled by the appropriate state legislature in the usual manner of making laws.

     All property, real and unmovable, shall temporarily become the property of any state in which the said property resides, if the federal property becomes an unlawful possession by the United States government, due to the effects of this amendment to the Constitution.  Within six months after any state shall become possessed of formerly - held federal property (real and unmovable), all previously- held federal property shall be sold to individual citizens of the particular state at the price that the market will bear.  No state shall permanently become in possession of any previously-owned federal property.  The property in the United States belongs to the people, that is, the individual citizens, and, and they may buy it and sell it as they see fit, according to law.

     Formerly- owned federal property may be purchased by the federal government from the state for the creation and maintenance of federal parks and reserves, with the consent of any appropriate state legislature, which shall be in the state wherein the once- federal property lies.  The said real property shall be purchased from the general fund of the United States government.    The several states may hold previously- owned real federal property for parks and preserves, and reserves under the following conditions:  1. The appropriate state legislature shall act according to the usual form of making laws, except that such votes by the state houses shall be approved by 60 percent of the votes in each house.  2.  The registered voters of each state, within six months after the appropriate legislature approves the act, shall vote by referendum with a 60 percent vote favorable vote for each proposed park or preserve.  A state park or preserve shall have the said approval of both the state legislature and the people.  No state shall purchase real or movable property that was once held by the federal government during any fiscal year the state budget is out of balance. 

     No enactment of any law shall be enacted by citing the “general welfare” clauses in the  United States Constitution, since it is obvious that the founding mothers and fathers prior to 1776 had general welfare under King George III, and found it to be a form of slavery.  General welfare is enslaving because the words “general” and “welfare” are subject to all sorts of interpretations.

     The United States Congress shall carry out the orders of this amendment in a lawful expeditious manner.

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