remaking the US, legally

A list of court decisions I'd over-rule. Many include constitutional amendments to prevent the court from simply ruling the same way again once I've over-ruled them. In these cases I've outlined a summary of what the amendment would state. These amendments would simply be passed by decree, as, if we assume I have the power to over-rule court decisions by decree, why not change amendments as well.




District of Columbia v. Heller
over-ruled in favor of the minority

McDonald v. Chicago
over-ruled outright

A 28th amendment will be drafted supporting the above. It will clarify an expectation of military service for anyone owning firearms. It will place all gun owners on conscription lists for when needed. It will allow states to place some restrictions on gun ownership, so long as they do not cause an "undue burden"



Reynolds_v._Sims
over-ruled for state senate districts within certain limits

Wesberry v. Sanders
clarified that 15% is an acceptable variance, but certain limits apply

A 29th amendment will be drafted supporting the above. the limits would be as follows:
state senate districts: districts may be drawn to match county boundaries, even if doing so would cause a variance of up to x.5 or x2, so long as the number of districts outside of a 25% variance is under 1/3th of the total number of districts.
federal and state house districts: the 15% variance can not be used to purposfully over or under represent an entire area; but also that states may, if they desire, keep districts to a reasonable size by counting 1 square km as 1 person for the purpose of calculating the equality of representation in district sizes.



Town of Greece v. Galloway
over-ruled in favour of the dissenting opinion

Rosenberger v. University of Virginia
over-ruled in favour of justice souter's opinion

Marsh v. Chambers
over-ruled in favour of the dissenting opinions

A 30th amendment will be drafted supporting the above. It will clarify that things such as prayer, or having the 10 commandments on display, are not permitted.



Citizens United v. Federal Election Commission
McCutcheon v. Federal Election Commission
U.S. Term Limits, Inc. v. Thornton
Oregon v. Mitchell

31st amendment will be drafted. It will clarify that limits can be placed on speech for the purpose of holding free and fair elections. It will clarify that states may may laws that impact any of their elected officials, even those holding federal office such as Representatives and Senators; but that procedures for any elected office that is national, such as President and Vice President, is totally outside of state control, and that Congress could, without the consent of the states, change how the electoral college is calculated; so that, for example, it is proportional within each state; but it may not abolish said electoral college, or have votes cast in one state impact another.


Wickard v. Filburn
United States v. Butler
National Labor Relations Board v. Jones & Laughlin Steel Corporation
Gonzales v. Raich (overturned)

32nd amendment will be drafted codifying the powers of the federal government as in use in modern times; no longer requiring it to rely on the commerce clause and court precedent.



Texas v. White
over-turned

33rd amendment will be drafted supporting the above. States are given the right to leave the union so long as a referendum is held, 50%+1 of all eligible voters have voted to leave, and the question being asked is clear, with Congress having the power to determine what is and is not a clear question.



Coker v. Georgia and Kennedy v. Louisiana
Simply over-ruled. Case may be re-tried.