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Proposed:
Twenty-Eighth Article of Amendment to the United States
Constitution--
The 'Watching the Watchmen' Amendment 1. Any Grand Jury duly constituted
under the civil or common law may hear and consider accusations
brought to its attention by any member thereof that any right
of any person resident within the union state or federal
district or territory in which the Grand Jury is seated has
been willfully or negligently violated, or that conspiracy,
aiding or abetting or obstruction of justice in regard to any
such violation has been committed, by any person holding or
exercising any office or agency of the United States in any
capacity whatever. The consideration of such accusations shall
be without the involvement, supervision or approval of any
public official. 2. Upon the issuance of a
presentment or
indictment for any violation of rights or related offense as
listed in paragraph 1., the charged public official shall stand
trial on the charge(s) in accordance with other provisions of
the Constitution related to criminal trial, but the prosecution
of such charges shall be conducted by the accuser or the accuser's designee. If the accuser
is incapable of conducting the prosecution or designating a
prosecutor, the closest family member capable of performing
these functions shall do so, or, in the event that neither of
these alternatives is possible, the prosecutor shall be selected
by the Grand Jurors who issued the charge(s), by whatever
method seems best to them, provided that a majority of the
members meeting for that purpose concur in the selection. 3. Trials of charges brought under the provisions of this
amendment shall not be construed as against the United States or
any agency or instrumentality thereof; culpability and liability
shall remain with the natural person charged with the offense. 4.Trials under the provisions of this amendment shall be
conducted in the courts of the union state in which the accuser
is resident, or, if the accuser is not a resident of a union
state, in the courts of the federal district or territory, in
which he or she is resident. 5. Article III, Section
2 Clause 1 is hereby amended to read, "The judicial Power shall
extend to all Cases, in Law and Equity, arising under this
Constitution except as provided for in the Twenty-Eighth Article
of Amendment, 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." 6. No prior conclusion, ruling, doctrine, event or authority of
any kind whatever shall be given weight of controlling precedent
or authority as to the nature of rights or any particular right,
or the violation thereof in the consideration or determination
of the Grand or petit juries in any proceeding commenced under
the provisions of this Amendment. 7. There shall be
no limitation on the commencement of proceedings under the
provisions of this amendment due to the time in which the
accused offense allegedly was committed. 8.
Punishment upon conviction of an offense described in this
amendment shall range from a minimum of 20 years imprisonment up
to life imprisonment, without the possibility of parole
regardless of the sentence, any contrary provisions of the laws
of the state, district or territory in which trial was conducted
notwithstanding, and shall be served in the prisons of the unit
of government in which trial was conducted. Sentences shall be
determined and imposed by the trial jury. Prior to the jury's
determination and imposition of sentence, a convicted defendant
shall be permitted to present evidence of measures taken to
mitigate or remedy the offense(s) of conviction. 9.
Nothing in this Amendment shall be construed to impair the power
of Congress to impeach and remove from office, and nothing in
the impeachment provisions elsewhere in this Constitution shall
be construed so as to impair the provisions of this Amendment. |