The Government Integrity Amendment
I. The Foundation of All Other Rights
Every right this nation has ever recognized, the right to speak freely, to worship as one chooses, to be treated equally under law, to pursue economic opportunity, depends on one thing that is never explicitly named in the Constitution: a government that actually administers those rights honestly. A government that can be bought will sell your rights to the highest bidder. A government that investigates its critics rather than its criminals will silence the people who hold it accountable. A government whose officials enrich themselves through office will make decisions that serve their portfolios rather than the public interest. Integrity is not one value among many in democratic governance, it is the precondition for all the others.
Our American society is built on a single conviction: that the rights of ordinary Americans deserve constitutional protection not as a favor from those in power, but as a matter of fundamental law that no election, no administration, and no political majority can take away. The Government Integrity Amendment is the structural guarantee that makes all the others real. It answers the question that every rights framework must eventually face: who enforces the enforcers?
The answer this amendment provides is: the Constitution itself. Not the goodwill of whoever happens to hold power. Not the hope that the next administration will be more honest than the last. Not the patchwork of statutes that have been written, weakened, and ignored across generations of Congressional inaction. The Constitution ratified by the People and beyond the reach of any single branch to repeal.
"Integrity is not one value among many in democratic governance: it is the precondition for all the others."
II. The Problem: A System That Has Learned to Game Itself
The case for the Government Integrity Amendment does not rest on the misconduct of any single administration or any single political party. It rests on a pattern, documented, recurring, and bipartisan of officials using the power of government for private benefit while the legal mechanisms designed to stop them have proven consistently inadequate. The pattern currently has eight faces.
The Immunity Problem
American law has developed a doctrine of official immunity so expansive that officials who commit acts of corruption while holding office can often escape accountability entirely. Presidential immunity, qualified immunity for executive officials, and prosecutorial discretion exercised by subordinates who serve at the pleasure of the very official under investigation have combined to create a zone of near-impunity at the top of government. The Supreme Court's 2024 decision in Trump v. United States extended presidential immunity to official acts with a scope that alarmed even the justices who did not join the majority. The Constitution contains no immunity clause. The Government Integrity Amendment restores the original principle: no one is above the law.
The Financial Entanglement Problem
The original Constitution included emoluments clauses to prevent foreign governments from buying influence over American officials through gifts and payments. Those clauses have been circumvented by routing payments through business entities, family members, and arrangements that fall technically outside the language of provisions written in an era before modern financial engineering. Meanwhile, members of Congress have traded stocks in companies directly affected by their votes with remarkable timing. Cabinet officials have entered office with unaddressed financial conflicts. The revolving door between regulatory agencies and the industries they regulate has spun so constantly that it has become unremarkable. Disclosure requirements exist, but disclosure without divestiture is transparency without accountability.
The Weaponized Government Problem
The power to investigate, prosecute, and regulate is the most coercive power government possesses. It is supposed to be wielded according to law and evidence not according to the political interests of whoever happens to hold power. When investigations are opened to intimidate critics, when prosecutorial resources are directed at political opponents, when regulatory agencies are deployed against industries that have fallen out of political favor, the distinction between democratic governance and authoritarianism begins to blur. These abuses are not hypothetical: they have occurred, they have been documented, and existing law has proven inadequate to deter them.
The Records and Transparency Problem
The right of the public to know what their government is doing depends on records that are preserved, accessible, and complete. The Federal Records Act requires preservation of government communications, but officials who use personal devices, encrypted messaging applications that auto-delete, and unofficial email accounts to conduct government business have routinely evaded those requirements. When records disappear, accountability disappears with them. Investigations stall. Courts cannot compel production of documents that no longer exist. History is rewritten by whoever controls the delete button.
The Pardon Abuse Problem
The presidential pardon power was designed as an instrument of mercy. A constitutional safety valve against unjust sentences and a mechanism for reconciliation after civil conflict. It was not designed to allow a President to pardon co-conspirators in criminal investigations of the President's own conduct, to issue blanket prospective pardons covering unnamed persons for unspecified acts, or to grant clemency in exchange for financial benefit. Each of these abuses has either occurred or been credibly alleged in recent American history. The pardon power, unconstrained, can function as a complete get-out-of-jail-free card for any scheme executed by a sufficiently loyal inner circle.
The Dark Money and Foreign Influence Problem
American elections have become conduits for money whose source is deliberately obscured. The Supreme Court's Citizens United decision opened the floodgates for unlimited corporate spending on elections, and the dark money structures that followed made it possible for that spending to occur without disclosing its ultimate source. Foreign governments and their proxies have exploited these structures to influence American elections through channels that the Federal Election Commission has been unable to fully monitor or police. Meanwhile, the Foreign Agent Registration Act designed to require disclosure of foreign government lobbying, has been chronically under-enforced, allowing foreign influence operations to proceed with minimal public accountability.
The Nepotism and Insider Appointment Problem
The federal anti-nepotism statute has been tested in court and interpreted narrowly. Recent administrations have appointed family members to senior advisory roles, portfolios, and policy positions in ways that the statute was unable to clearly prohibit. The problem is not merely one of optics: officials who report to family members face different incentive structures than officials who are accountable to independent supervisors. Nepotistic appointments substitute personal loyalty for professional competence and institutional accountability.
The Judicial Self-Policing Problem
The federal judiciary, including the Supreme Court, has operated for most of American history without a binding external ethics code. Justices self-determine whether they should recuse from cases involving parties who have provided them with significant financial benefits. In recent years, reports of undisclosed travel, gifts, and financial relationships between Supreme Court justices and parties with interests before the Court have eroded public confidence in the independence of the institution that is supposed to be the final guardian of constitutional rights. An institution that cannot be held accountable for its own conduct cannot be trusted to hold others accountable.
"Disclosure without divestiture is transparency without accountability. Records that disappear take accountability with them. A pardon power unconstrained can shield any scheme."
III. Why Ordinary Law Cannot Fix This
Each of the problems described above has been addressed, at one time or another, by ordinary legislation. The Ethics in Government Act. The Foreign Agent Registration Act. The Federal Records Act. The STOCK Act. The Hatch Act. The Antideficiency Act. The federal bribery statutes. The list of laws designed to enforce government integrity is long, and each statute was passed in response to a real documented abuse. The problem is not that the laws were poorly written. The problem is structural: statutes can be repealed, defunded, selectively enforced, and ignored by the very officials they are designed to constrain.
Congress can pass an ethics statute with robust enforcement mechanisms and the next Congress can gut its funding. A President can instruct the Department of Justice not to prioritize violations of ethics statutes. An administration can decline to refer violations to the relevant inspector general. Officials protected by immunity doctrines can commit the very acts the statutes prohibit and face no meaningful accountability because the prosecutorial apparatus is controlled by the officials being investigated. Statutes, in short, are only as strong as the political will to enforce them, and political will is precisely what disappears when it is most needed.
Constitutional amendments are different. They cannot be repealed by a simple majority of Congress. They cannot be vetoed by the President. They cannot be selectively enforced into irrelevance by an administration hostile to their purposes. They are enforced by courts. Courts that have lifetime tenure and salary protections specifically designed to insulate them from political pressure. A constitutional amendment establishing government integrity requirements creates a floor that no branch of government can lower and no political majority can waive. That is precisely the kind of protection the problem requires.
The objection is sometimes raised that constitutional amendments should be reserved for the most fundamental structural questions and not used to codify what amounts to an ethics code. This argument misunderstands both the Constitution and the problem. The Constitution has always contained specific behavioral prohibitions. For example the emoluments clauses, the prohibition on titles of nobility, the Third Amendment's specific prohibition on quartering soldiers in private homes. The Bill of Rights itself is, in significant part, an ethics code for government: it tells officials specifically what they may not do. The Government Integrity Amendment follows squarely in that tradition.
IV. The Amendment's 69 Provisions: The Problem Each One Solves
The Government Integrity Amendment does not propose solutions in search of problems. Each of its 69 sections corresponds to a specific, documented pattern of government conduct that existing law has been unable to prevent. The following overview connects each provision to the abuse it addresses.
Universal Scope (Section 1)
Every previous attempt at government ethics reform has been undermined by carve-outs, definitional gaps, and institutional blind spots that allowed conduct clearly within the spirit of the law to escape its letter. Section 1 eliminates this by applying the amendment's requirements to all branches: legislative, executive, and judicial, and to any future governmental structures that may be created. No institution can be designed as an integrity-free zone.
Maximum Age for Federal Elective Office (Section 3)
The problem: the Congress and the presidency have grown steadily older while the systems they regulate: technology, finance, public health, national security all change faster than at any point in the nation's history. There is no mechanism, comparable to the mandatory retirement ages many states impose on judges or the age ceilings several allied democracies impose on legislators, ensuring that the people making decisions about the next fifty years are equipped to understand the world those decisions will govern. Section 3 sets a maximum age of sixty-five for election to the presidency, the vice presidency, the Senate, or the House of Representatives, measured against the age at which the new term begins rather than the age at the time of the election. It removes no one from a term already underway, and it does not take effect until five years after this Article's ratification, so current officials and voters have a full transition period before the ceiling applies to any election.
Term Limits for Members of Congress (Section 4)
The problem: incumbents in the House of Representatives have won reelection at rates above ninety percent in nearly every cycle for the past three decades, and incumbent Senators have not fared much worse. Safe seats, name recognition, and the fundraising advantages of already holding office combine to make a genuinely competitive election the exception rather than the rule in most of the country, regardless of how well or poorly an incumbent has actually served. Section 4 limits a member of the House of Representatives to eight years of aggregate service and a Senator to twelve years of aggregate service, with the two limits applied separately to each chamber so that a person who reaches the limit in one chamber remains free to seek election to the other. Consistent with Section 3's treatment of the age ceiling, no prior service counts against either limit and no one currently serving is removed from a term already underway; the clock starts at ratification.
Immunity Abolition (Section 45)
The premise that government officials can commit bribery, obstruction, and election fraud while holding office without criminal accountability is not a constitutional requirement, it is a judicial doctrine that has grown beyond its structural justification. Section 45 restores the principle that the specific, enumerated categories of corrupt conduct carry criminal accountability regardless of the title of the person who commits them, while preserving all other immunity protections for officials acting in good faith.
Ending Qualified Immunity; Local Government Investigative Access (Section 46)
Section 45 abolishes immunity for a specific, enumerated list of corrupt conduct: bribery, extortion, honest-services fraud, obstruction, election fraud. While by its own terms, leaving the broader doctrine of qualified immunity fully intact for everything else. That gap matters, because most constitutional violations by federal law enforcement, immigration, and prosecutorial personnel never fall within that narrow list; they fall under the general qualified immunity standard, which shields an official unless a prior court case found nearly identical conduct unlawful. Section 46 closes that gap directly: it eliminates qualified immunity as a defense to any federal civil rights violation, extends accountability explicitly to ICE agents, prosecutors acting outside their core prosecutorial function, and every other federal employee exercising law enforcement or investigative power. It gives the local governments closest to the harm a guaranteed, enforceable right to the records and cooperation they need to investigate on their own citizens' behalf. Eliminating civil immunity accomplishes little if the President can still erase the underlying criminal charges with a pardon, so Section 35(f) makes conduct within Section 46's scope categorically unpardonable.
Abolition of Capital Punishment (Section 52)
At least 202 people sentenced to death in the United States since 1973 have later been exonerated, and sixty-nine percent of those exonerations involved documented official misconduct. The same pattern of unreliable government conduct this Article addresses everywhere else. Section 52 abolishes capital punishment as a matter of constitutional law and commutes every existing death sentence to life imprisonment without parole. A punishment this permanent cannot coexist with an error rate this large.
Decriminalization of Simple Possession (Section 53)
Section 53 ends federal criminal prosecution for simple possession of a controlled substance for personal use, without touching prosecution for trafficking or manufacture. It redirects the resources previously spent on possession prosecutions toward expanding access to treatment, on the premise that substance use disorder is a medical condition to be treated, not a moral failing to be punished.
Tariffs as an Exclusively Congressional Power (Section 54)
In February 2026, the Supreme Court held that the International Emergency Economic Powers Act does not authorize a President to impose tariffs. a power Congress never granted and the Constitution reserves to itself under Article I, Section 9. Section 54 makes that holding permanent and textual: the power to impose, modify, or remove a tariff belongs to Congress alone, regardless of which emergency statute a future administration might invoke.
Faithful Execution and the End of Unitary Executive Theory (Section 55)
Section 55 rejects the theory that a general grant of “executive power” lets a President direct, override, or defund an office Congress created on terms other than the ones Congress set, or decline to enforce a law the President dislikes. It binds the Executive Branch to execute the laws Congress enacts as Congress enacted them, the same faithful-execution duty Article II already imposes, made judicially enforceable.
Anti-Weaponization (Section 8)
The government's investigative and prosecutorial power is its most potent tool. When that tool is directed at political opponents rather than actual criminals, or when it is used to coerce compliance from private citizens outside the bounds of law, it ceases to be law enforcement and becomes authoritarianism. Section 8 draws a constitutional line that investigations must be predicated on evidence, not on political targeting.
Foreign Emoluments (Section 9)
The Founders understood the danger of foreign governments purchasing influence over American officials. Modern financial structures, including business entities, investment vehicles, and intermediary companies have created channels that the original emoluments clauses did not clearly reach. Section 9 closes those channels with language that covers the substance of the transaction rather than just its form.
Financial Gains Prohibition (Section 10)
The revolving door between government service and private enrichment has become so normalized that officials routinely enter office already planning their exit to industries where their regulatory decisions will command premium compensation. Section 10 breaks this cycle by prohibiting financial benefit from transactions materially influenced by the official's own governmental decisions, for two years after leaving office.
Gift and Donation Prohibition (Section 12)
Gifts, entertainment, travel, and charitable donations solicited from persons with business before an official represent a soft form of corruption that predates the Republic. Section 12 establishes a clean prohibition: if you have business before my office, you may not give me anything of value, and I may not ask you to give to anyone else.
Revolving Door (Section 34)
The four-year cooling-off period established by Section 34 is designed to break the financial calculus that currently makes it rational for a regulator to write favorable rules for an industry knowing that the industry will hire them at a premium salary upon departure. When the exit reward is delayed long enough to be uncertain, the incentive to favor the future employer over the public is materially diminished.
Disclosure and Transparency (Section 5)
Sunlight is the oldest and most reliable disinfectant in government. The requirement that all senior officials publicly release their tax returns and file comprehensive financial disclosures makes conflicts of interest visible to the press, the public, and the officials' own colleagues; and gives OGI investigators the factual baseline against which suspicious enrichment can be measured.
Mandatory Divestiture and Blind Trusts (Section 6)
Financial disclosure tells the public what conflicts exist. Section 6 eliminates them. A senior official who must either sell a conflicted asset or place it in a genuine blind trust. A trust managed by an independent, non-family trustee who provides the official no information about the portfolio and has no financial incentive to make decisions that benefit those assets. Disclosure and divestiture together provide what disclosure alone cannot: genuine independence from the conflicts that disclosure merely identifies.
Congressional Securities Trading Ban (Section 13)
The spectacle of members of Congress trading stocks in industries subject to their committee jurisdiction and doing so with striking accuracy and timing represents one of the most visible and bipartisan integrity failures in contemporary American government. Section 13 addresses this directly: no member of Congress may trade securities in any company or sector over which their committee has jurisdiction. Assets in a qualified blind trust are exempt. The gains from any trade in violation of this Section are returned to the Treasury.
Nepotism Prohibition (Section 14)
Family members appointed to senior positions by their relatives are accountable to the appointing official first and to the public interest second; if at all. They cannot be fired without personal conflict. They cannot be supervised with the independence that the position requires. And the appointment itself signals to every other official in the organization that loyalty to the right person matters more than competence or merit. Section 14 prohibits this pattern at the constitutional level.
Records Preservation (Section 15)
The deletion of official communications has repeatedly impeded investigations, frustrated congressional oversight, and deprived the public of the historical record they are entitled to. Section 15 establishes the constitutional principle that official communications belong to the public permanently, regardless of the platform on which they were conducted. The mechanics of preservation are delegated to Congress; the obligation itself is non-negotiable.
Non-Discrimination and Truthfulness in Official Acts (Section 16)
Section 16 addresses two distinct but related abuses: the use of government power to target persons on the basis of their race, religion, or other protected characteristics, and the insertion of known falsehoods into official government documents and certifications. The first is an equal protection violation by another name. The second is what ordinary citizens call fraud when they do it and what this amendment now properly identifies as a constitutional violation when government officials do it.
Accountability for Official Misrepresentations (Section 17)
The problem: a covered official who lies to Congress under oath already commits perjury under existing federal law, and Section 16 already prohibits false statements in official certifications. But a Cabinet secretary who misleads the public in a press briefing, or a President who repeats a claim their own agencies have documented as false, faces no comparable constitutional accountability. Section 17 extends the existing, narrowly defined prohibition on demonstrably false official statements to testimony before Congress, official press briefings, and formal reports to Congress or the public, using the same objective standard. And the same exclusion for opinion, prediction, and contested policy judgment, Section 16 already applies. A first violation carries civil and administrative penalties: censure, mandatory public correction, and referral for removal proceedings where otherwise authorized by law. A second or subsequent violation made with actual knowledge of its falsity is a federal crime, so that an official who lies once faces accountability, and an official who lies repeatedly and knowingly faces prosecution.
Pardon Reform (Section 35)
Section 35 preserves the core humanitarian function of the pardon power while closing the four abuses that have received the most documented attention: self-pardons, which allow a President to immunize themselves from accountability for their own crimes; conflict pardons, which allow a President to pardon co-conspirators in investigations where the President is personally implicated; and pardon-for-hire, which converts clemency into a commodity available for purchase by those with sufficient resources; and pardons that would quietly undo the accountability Section 46 establishes, letting a President erase with a single signature the exact category of federal misconduct. Abuse by ICE agents, prosecutors, and other federal personnel that this amendment was designed to reach.
Presidential Criminal Accountability and Succession (Section 36)
The problem: the Department of Justice has for decades taken the internal position that a sitting President cannot be indicted. A policy, not a constitutional requirement, that leaves the single most powerful official in the government effectively beyond the reach of the criminal law for the duration of any term, however serious the alleged conduct. Section 36 resolves that ambiguity by constitutional text rather than executive-branch memorandum: a sitting President can be indicted for a federal felony, but only by an Independent Prosecutor insulated from removal by the President or the Attorney General, appointed by a randomly selected panel of federal appellate judges rather than by the Department of Justice the President leads. If that Independent Prosecutor obtains an indictment, and a reviewing three-judge panel certifies that the indictment is supported by probable cause and was not sought for an improper purpose, the Vice President is sworn in as President for the remainder of the term, and the constitutional government of the United States continues without interruption while the criminal case proceeds to trial.
Federal Judicial Ethics (Section 27)
The federal judiciary is the institution Americans depend on to enforce all the other provisions of the Constitution. An institution that self-polices its own conflicts of interest, where each justice decides for themselves whether their financial relationships with parties before the Court require recusal. This cannot command the public confidence that its constitutional role requires. Section 27 establishes mandatory external standards and gives the OGI referral authority over judicial branch conduct.
The Office of Government Integrity (Section 28)
The OGI is the amendment's enforcement engine. A five-member, bipartisan commission modeled on the institutional design that courts have long recognized as constitutionally legitimate for independent agencies, can investigate violations across all branches and refer credible evidence to the courts, inspectors general, and Congress. It cannot be captured by any single political interest because no party can control more than three of its five seats.
Campaign Finance Transparency and Foreign Electoral Influence (Section 38)
The emoluments prohibition addresses foreign money paid to officials already in office. Section 38 addresses the upstream problem: foreign government money routed through dark money structures to influence which officials win office in the first place. It requires disclosure of the ultimate source of all significant campaign expenditures and explicitly prohibits contributions traceable to foreign governments regardless of the intermediate structure through which they flow.
Structural Separation of Media and Commercial Control (Section 39)
A person who simultaneously controls a major news or information platform and an unrelated, large commercial enterprise sits astride a conflict this amendment's other anti-corruption provisions do not reach: the temptation, or the mere public suspicion, that news coverage bends to protect the owner's other business interests. Section 39 addresses this narrowly, through two rules rather than one blanket prohibition. A media-independence rule keyed to enterprises above a size threshold set by reference to the S&P 500 and Nasdaq-100 indices, and a government-dependency rule for a person who simultaneously controls a substantial federal contractor and an unrelated enterprise, where Congress or a designated tribunal finds an actual conflict on a case-by-case basis. Either finding triggers a two-year window to divest one of the two holdings.
Elimination of Corporate and Artificial Intelligence Political Influence (Section 40)
Section 38 addresses foreign money in American elections; Section 40 addresses domestic corporate money. It eliminates a for-profit corporation's constitutional right to contribute to candidates, fund independent expenditures, purchase political advertising, or lobby. Expressly superseding Citizens United v. Federal Election Commission (2010) and First National Bank of Boston v. Bellotti (1978) to that extent, while leaving corporations free to advertise their own products and communicate with their own shareholders and employees. The same prohibition applies to an artificial intelligence system used to do indirectly what a corporation cannot do directly. Labor organizations are expressly excluded from the entities this Section restricts, because a union's political activity represents the collective interest of its working members rather than a corporate or shareholder interest.
Limits on Investigatory Stops (Section 47)
Section 46 eliminated qualified immunity for the officers who cross a constitutional line; Section 47 narrows how often that line can be reached in the first place. It bars a stop of a motor vehicle, pedestrian, or cyclist absent reasonable suspicion of a felony, eliminates the suspicionless checkpoint as a lawful basis for a stop, requires an officer to identify themselves and state the suspected offense at the outset of any stop, and confirms a stopped person's right to decline to answer questions beyond identification required by law. A non-felony equipment or administrative violation remains enforceable by mailed citation, not by a roadside stop. And evidence obtained in violation of this Section is inadmissible against the person from whom it was obtained.
Officer and Vehicle Identification (Section 48)
A law enforcement officer conducting a public-facing stop, arrest, search, or use of force must be visibly identifiable, in uniform, unmasked, displaying their department and a name or badge number front and back; with narrow exceptions for genuine undercover work and tactical operations where the officer's identity remains independently verifiable afterward. Every law enforcement vehicle must likewise display a unique identifier and its agency's name. Evidence obtained during an encounter conducted in violation of this Section is subject to the same exclusion as evidence obtained through an unlawful search.
Access to Case File and Legal Resources for Persons in Custody (Section 49)
A person held in government custody, at any level of government and regardless of whether they are represented by counsel, is entitled to complete access to their own case file and to the information the government holds relevant to their custody or to any related legal claim, with a confidential informant's identity protected only until that informant testifies at trial. Custody does not suspend the ability to prepare a legal defense: this Section guarantees not less than four hours a day of free computer access with word-processing software, a free, electronically searchable legal database, free access to an artificial intelligence legal-research system meeting an accuracy standard Congress establishes by law, and free printer access.
State Administration of Elections (Section 41)
The problem: the Constitution's Elections Clause already assigns the times, places, and manner of federal elections primarily to the states, but that assignment has eroded in practice as federal executive agencies have sought greater visibility into, and occasional influence over, state-run elections. From requests for voter roll data to informal pressure on state election officials. Section 41 makes explicit what the Elections Clause already implies: the executive branch does not administer, supervise, or influence the conduct of federal elections, and does not collect state voter data, except through narrow channels authorized by Congress or a court. It preserves, rather than eliminates, the Department of Justice's existing authority to enforce the Voting Rights Act and the National Voter Registration Act, because ending federal civil-rights enforcement in elections is a fundamentally different question from ending federal administrative involvement in how elections are run.
Foreign Agent Registration (Section 42)
Foreign governments hire lobbyists, consultants, and public relations firms to shape American policy and public opinion. Section 42 establishes a constitutional floor for the disclosure of that activity: anyone acting on behalf of a foreign government in connection with any matter before the U.S. government must register, disclose their compensation, and report their contacts with officials, publicly, quarterly, in a database maintained by the OGI.
Whistleblower Protection (Section 29)
Every other provision in this amendment depends on people who are willing to report violations. Without constitutional protection against retaliation, those people risk their careers, their livelihoods, and sometimes their physical safety for doing the right thing. Section 29 makes retaliation against a good-faith whistleblower itself a constitutional violation, provides a private right of action in federal court, and makes this protection self-executing from the day of ratification.
Disgorgement and Penalties (Section 30)
The fundamental rule of financial accountability is this: crime must not pay. Section 30 establishes disgorgement, the return of all wrongfully obtained financial gains, as a self-executing constitutional remedy. Congress is authorized to impose additional penalties up to the full value of the illegal gains. The message to any official contemplating a violation is unambiguous: whatever you take, you will give back. And then some.
Nondisclosure Agreements as a Tool of Government Secrecy (Section 19)
The problem is not classified information; it is officials using ordinary confidentiality paperwork to gag employees, contractors, and former staff from ever discussing how a government office is actually run. A 2026 review found more than a hundred employees in one governor's office alone bound by agreements broad enough to cover confirming a policy detail to a reporter or answering a legislator's question without sign-off, enforceable even after the employee has left government entirely. Section 19 voids any such agreement to the extent it restricts disclosure of an elected official's conduct or a government body's operation, while preserving genuine national-security classification, personal privacy, attorney-client privilege, and ordinary commercial trade secrets unrelated to official misconduct.
A Higher Bar for Federal Legislation (Section 57)
Section 57 raises the threshold for passing a federal law from a simple majority to fifty-five percent of those present and voting in each chamber, while leaving the Constitution's existing supermajority rules, veto overrides, and treaty ratification untouched. The premise is that a law binding on the entire country should command support broader than the bare, often single-vote margins that let a law pass on one party's votes alone and invite reversal the moment control of Congress changes hands. Congress remains free to raise the bar further for particular categories of legislation; it may never lower it below the floor this Section sets.
Betting on the Government Instead of Corrupting It (Section 20)
In early 2026, federal regulators classified election-outcome betting contracts as ordinary financial "swaps," placing them under federal oversight and preempting the state gambling laws that had previously kept them out of most of the country. Whatever the merits of that classification for other markets, a market that lets anyone including the officials whose own votes and decisions move the odds profit from betting on an election, a vote, a prosecution, or a regulatory ruling creates exactly the incentive this Amendment exists to eliminate. Section 20 prohibits wagering on any governmental or electoral outcome regardless of what the instrument is called or which agency regulates it, while leaving ordinary polling, forecasting, and campaign contributions untouched.
Congressional War Powers (Section 58)
The War Powers Resolution of 1973 already requires a President to report a new use of force to Congress and to withdraw it after sixty to ninety days absent authorization on paper. In practice, presidents delay notification, courts decline to enforce the deadline as a nonjusticiable political question, and the statute's central enforcement mechanism, a concurrent resolution ordering withdrawal, was effectively invalidated by the Supreme Court's 1983 decision in INS v. Chadha because it let Congress act without presenting the resolution to the President. A January 2026 operation involving more than 150 U.S. aircraft proceeded with Congress learning of it only after the fact. Section 58 closes each gap directly: a hard thirty-day limit rather than a stretchable sixty-to-ninety; a funding cutoff that is self-executing as a matter of constitutional text rather than a statutory veto vulnerable to Chadha; an explicit bar on courts invoking the political-question doctrine to avoid deciding a claim; and a mandatory penalty scheme, plus an independent ground for impeachment, for a President who ignores it.
Closing the Domestic Self-Enrichment Gap (Section 26):
Sections 10, 11, and 23 all depend on proving that a specific transaction was materially influenced by an official's authority or structured to exploit it, a test a well-lawyered licensing deal, a hotel-branding arrangement, or a digital-asset venture is built to survive. Section 11's family restriction, and Section 23's disgorgement and standing machinery, both reach only foreign counterparties, leaving an identical domestic scheme untouched. Section 26 extends the family-enrichment prohibition to domestic financing actions, and requires the President and Vice President to place their outside holdings in a blind trust or divest them outright, replacing a case-by-case inquiry with a bright line for the two offices where the stakes are highest.
One-Term Limit for the Presidency (Section 7):
A President eligible for a second term spends a real share of the fourth year campaigning rather than governing. The Twenty-Second Amendment already embodies half of this judgment by capping the Presidency at two terms; Section 7 completes it by capping the office at one, using the Twenty-Second Amendment's own partial-term rule to handle a Vice President who succeeds mid-term.
Emergency-Triggered Succession Safeguard (Section 37):
The Twentieth Amendment already ends a President's term at noon on January 20th regardless of whether a successor has been identified, but nothing compels the transfer of power to actually occur if an outgoing President uses declared or invoked emergency authority to disrupt the election, its certification, or the inauguration itself. Section 37 answers that scenario without depending on the outgoing President's own Department of Justice: a panel of randomly selected circuit judges certifies whether the conditions are met, the sitting Vice President is sworn in as full President on schedule, and if no lawful election has been completed within one hundred twenty days, authority passes again to the Speaker of the House.
Mandatory Annual Audit of Covered Officials (Section 33):
Since 1977, the Internal Revenue Manual has required an annual audit of the President's and Vice President's tax returns, but only as internal agency policy, not law, and a 2022 House Ways and Means Committee investigation found that policy was not actually followed for several years of the previous administration. No equivalent requirement exists at all for Cabinet officers, Supreme Court Justices, Senators, Representatives, or the heads of the independent offices this Article and this book's other Amendments create. Section 33 closes both gaps at once: it makes the audit requirement constitutional rather than discretionary, extends it to every covered official as defined in Section 1, assigns it to career examiners insulated from the official being audited, and requires public certification that the audit occurred without forcing disclosure of the return itself.
Employer Sanctions for Unauthorized Employment (Section 50):
Federal law has prohibited knowingly hiring an unauthorized worker since 1986, but the penalties have never been enough to change behavior at scale, and the tool that would make “knowingly” easy to prove or disprove. A nationwide system to verify work authorization before hire is required for federal contractors but for almost no one else; most of the country has no verification mandate at all. Section 50 sets a real floor under both halves of the problem: a civil fine of not less than $5,000 for each unauthorized worker an employer hires, and not less than six months in prison for each violation once an employer hires three or more unauthorized workers, on top of the fine. Congress may go further in either direction; it may not go lower. The point is not to punish the worker, this Section reaches only the employer's conduct. It is to remove the financial incentive that makes hiring someone without authorization to work cheaper than hiring someone with it.
Right to Vote; Voter Identification; Citizenship Verification (Section 43):
Every earlier Section in this Amendment protects the machinery of elections, who administers them, how districts are drawn, who may not interfere. None of it establishes the right to vote itself. That gap is real: the Constitution's actual voting-rights provisions are a series of prohibitions. The Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments bar denying the vote on specific grounds. But nowhere does the document affirmatively guarantee that a qualified citizen may vote at all. Section 43 closes that gap directly. It makes the right to vote an affirmative guarantee for every citizen eighteen or older, and it extends that guarantee explicitly to citizens who are incarcerated, on parole, or on probation. A group state law disenfranchises today in a patchwork of inconsistent ways having nothing to do with a person's continued citizenship. Section 43 also allows states to require identification at the polls or on a mail ballot, but only paired with a constitutional guarantee that the identification itself is free. An identification requirement a citizen cannot afford to satisfy is a poll tax in substance, whatever it is called, and the Twenty-Fourth Amendment already settled that question. Finally, Section 43 puts the burden where it belongs: a state that wants to remove a voter, or refuse a ballot, on citizenship grounds has to prove noncitizenship by clear and convincing evidence, a sworn registration attestation is not overcome by suspicion alone.
Enforcement Against Voter Suppression; Guaranteed Access (Section 44):
A right to vote that carries no penalty for violating it is an aspiration, not a guarantee. Section 44 backs Section 43 with teeth: intentional denial, obstruction, intimidation, or interference with a citizen's vote carries a mandatory floor of six months in prison and a $10,000 civil fine for each voter affected, with an aggregate cap of three years and $500,000 per person per election so the penalty remains proportionate even where a single systemic failure touches many voters at once. Section 44 also closes the most common practical form of suppression: the long line. No voter who arrives during polling hours may be made to wait more than sixty minutes to cast a ballot, and any voter already waiting when the polls are scheduled to close, or waiting in violation of that sixty-minute standard, is guaranteed the right to stay and vote. States are made responsible for staffing and equipping polling places adequately in the first place, with a narrow, good-faith exception for genuine emergencies, a natural disaster, a security threat, an equipment failure no reasonable precaution could have prevented. Provided the jurisdiction takes real, timely steps to fix it rather than simply letting voters wait. An election official who knowingly lets understaffing produce the wait Section 44 forbids is personally liable, not just the jurisdiction. And because the people actually harmed by a violation should not have to rely solely on a prosecutor's discretion to see justice done, Section 44 gives every voter denied these rights a private right of action in federal court, with a statutory damages floor of $50,000 and attorney's fees, so the cost of violating this Section always exceeds the cost of complying with it.
Restricting Conducted Energy Weapons; Total Loss of Immunity (Section 51):
A taser or stun glove compels compliance through pain, which is exactly why this Article confines its lawful use to a single, narrow circumstance: the officer has a reasonable basis to believe the person is, at that moment, both carrying a weapon capable of killing or seriously injuring someone and presenting a present, active threat of using it against the officer or someone else. No other circumstance, refusal to comply, flight, a mental health crisis, mere verbal defiance, or simply being visibly or lawfully armed opens the door to its use. And even that narrow basis closes the moment the person is on the ground, restrained, or has stopped physically resisting; a person in any of those states presents no threat this device is permitted to answer. Whether or not the person is believed to be armed. An officer who crosses that line does not merely lose a defense at trial. Section 51 strips every immunity, qualified or absolute, that would otherwise shield the officer or the department from suit. The same total-forfeiture consequence Section 45 already imposes on a defined list of corrupt conduct, extended here to a use of force that crosses this Section’s bright line.
Fixed Terms for United States Attorneys (Section 31):
Every United States Attorney submitting a courtesy resignation the day a new President takes office is not law, it is custom, but it is custom with a cost: ninety-four offices changing hands at once, mid-case, with no legal requirement that any of them stay a single day longer than the outgoing administration. Subsection (h) replaces that custom with a fixed four-year term, timed to begin roughly a year into each Presidential term rather than on Inauguration Day itself, so a new administration fills the office in an orderly first-year wave rather than a simultaneous, government-wide changeover. Selection stays exactly as Article II already provides, presidential nomination, Senate confirmation by ordinary majority, because the risk this book identified in the United States Attorney context was never who chooses the officer; it was how easily that officer could be pushed out for the wrong reason once chosen, a risk subsection (d) already closes by limiting removal to neglect of duty, misconduct, incapacity, or a felony conviction. A term does the rest: it gives a United States Attorney a defined stretch of independence to finish what a case requires, without asking the Senate to run the far heavier, cross-branch confirmation process this book reserves for the Attorney General alone.
V. How Americans Benefit
Abstract arguments about constitutional design matter less than concrete answers to a concrete question: what changes in the life of an ordinary American if this amendment is ratified? The answer is substantial, and it reaches every category of citizen.
Taxpayers
When government officials make decisions based on their own financial interests, awarding contracts to companies in which they hold investments, preserving subsidies for industries that employ their former colleagues, structuring regulations to benefit the firms they plan to join, the cost is paid by taxpayers. Contracts go to politically connected companies rather than the most efficient providers. Subsidies flow to industries that can afford lobbyists rather than to economic activities that produce the greatest public return. Regulations that should protect the public are written to protect incumbents instead.
The mandatory divestiture requirements, the revolving door restrictions, and the financial gains prohibition of this amendment are, at their core, taxpayer protections. They require that the people who spend public money do so for public purposes. Every dollar saved by eliminating one corrupted procurement decision, one rigged subsidy, one regulatory rule written for industry rather than the public, goes back into the services those tax dollars were intended to fund.
Small Business Owners and Entrepreneurs
American capitalism is built on the premise of a level playing field. That a better product, a more efficient process, or a more creative idea can win in the marketplace regardless of who you know in Washington. Corruption destroys that premise. When government contracts go to the company that gave the most to the right campaigns, when regulations are written by former industry executives protecting their former employers' market positions, when licensing requirements are structured to burden new entrants while grandfathering established players, the entrepreneur with the better idea loses to the incumbent with the better connections.
The anti-corruption framework of this amendment, particularly the revolving door restrictions, the procurement integrity requirements, and the prohibition on financial gains from governmental decisions restores the conditions under which genuine competition can occur. Small businesses do not need favoritism from government; they need a government that is not rigged against them.
Workers and Families
The regulations that protect workers, workplace safety standards, environmental protections, consumer product safety requirements are only as strong as the agencies that enforce them. When those agencies are headed by officials who came from the industries they regulate and plan to return to them, and when the revolving door ensures that strong enforcement today will cost them a better job tomorrow, the practical consequence is that regulations exist on paper but are not enforced in the workplace, the factory, or the food supply chain.
The revolving door restrictions and the financial gains prohibition of this amendment protect workers by ensuring that the officials responsible for enforcing safety and environmental standards have no personal financial incentive to look the other way. The whistleblower protection of Section 29 protects the federal employees who work inside those agencies and who see violations firsthand. Giving them a constitutional right to report what they see without losing their jobs.
Voters and Democratic Participants
The right to vote means nothing if the elections in which citizens vote are being systematically influenced by undisclosed foreign money, dark-money structures that disguise the true source of campaign funds, and lobbying operations that represent foreign government interests without adequate disclosure. Sections 35 and 27 of this amendment address the integrity of the electoral and lobbying process at the point where foreign influence is most dangerous: the upstream funding of campaigns and the covert lobbying of officials on behalf of foreign principals.
The financial disclosure and tax return release requirements of Section 5 give voters information they cannot currently obtain about the financial interests of the officials they are asked to trust. An informed voter is a more effective voter. Transparency is not merely an anti-corruption measure; it is an empowerment of the electorate.
Marginalized Communities
Section 16's prohibition on discriminatory official acts addresses a pattern that predates the Republic and that the Fourteenth Amendment's equal protection clause has proven insufficient to prevent in practice: the use of government's investigative, prosecutorial, and regulatory power to disproportionately burden communities based on their racial, religious, national-origin, or other characteristics. The constitutional prohibition on official acts designed to single out persons based on protected characteristics unless there is an independent lawful basis for the differential treatment, provides a new cause of action for communities that have experienced this pattern.
Future Generations
Perhaps the most important beneficiaries of this amendment are Americans who have not yet been born. Constitutional amendments persist. The practices they prohibit become constitutionally abnormal rather than politically controversial. The financial disclosure requirements, the divestiture obligations, the communications preservation rules, and the OGI's permanent oversight structure create an institutional culture of accountability that, over time, shapes what government service means and what kind of conduct is acceptable within it. The amendment's purpose is not only to constrain the officials of today but to establish for the officials of tomorrow a constitutional definition of what public service requires.
"Small businesses do not need favoritism from government;they need a government that is not rigged against them."
VI. The Government Integrity Amendment and the 8 HARPS Vision
The 8 HARPS, 8 Human Absolute Rights and Privileges, represent a comprehensive vision of the constitutional rights that every American deserves to have protected permanently, beyond the reach of any temporary political majority. They address economic security, social rights, electoral fairness, judicial reform, and the structure of government itself. The Government Integrity Amendment, HARP 8, is the keystone of that structure. It does not simply add one more protection to the list; it makes every other protection more durable by ensuring that the government charged with enforcing rights is not itself a source of rights violations.
The Constitutional Foundation All Other HARPs Require
Consider the relationship between HARP 8 and each of the other seven protections in the framework. A constitutional guarantee of economic rights is only as secure as the government that administers it. A government captured by financial interests that conflict with those rights will find ways to interpret, under-enforce, or administratively circumvent them. A constitutional guarantee of equal protection means nothing if the agencies charged with enforcing it are led by officials who have financial or personal reasons to favor the industries and interests that benefit from discrimination.
A reformed Supreme Court, the subject of another HARP, requires justices who are genuinely independent of the financial interests of parties before the Court. Electoral reforms designed to protect voting rights require elections that are not distorted by foreign money and dark-money structures. In each case, the effectiveness of the other HARPs depends on the integrity of the governmental apparatus that implements them. HARP 8 is the guarantor of that integrity.
The Human Dimension of Government Integrity
The 8 HARPS framework is rooted in a conviction about human dignity: that every person, regardless of their economic position, their political connections, or their proximity to power, deserves to be treated fairly by the institutions of self-governance. That conviction has a structural implication that the framers of the original Constitution understood and that each generation must re-learn: fair treatment by government requires that the people who administer government are not simultaneously serving their own interests.
The human cost of government corruption is not abstract. It is the small business that lost a contract to a politically connected competitor. It is the family that lives near a facility that should have been regulated more strictly but was not because the regulator was planning a career move. It is the community that experienced discriminatory enforcement because a government official decided that the law did not apply equally to them. It is the voter who chose their representative without knowing that the campaign they supported was funded by a foreign government with interests opposed to their own.
The Government Integrity Amendment is a response to each of these harms. It does not guarantee that government will be wise, or efficient, or that it will make the right decisions on every policy question. What it guarantees is that the decisions will be made by people who are accountable to the public rather than to their own financial interests, who cannot use government power as a personal weapon, who must preserve the record of what they have done, and who can be held to account if they betray the trust that public service requires.
Rights Without Integrity Are Rights Without Guarantees
There is a tendency in American political debate to treat government integrity as a procedural concern, important, but secondary to the substantive questions of what government should do. The 8 HARPS framework rejects that hierarchy. Integrity is not procedural; it is foundational. A government that is not trustworthy cannot be asked to protect rights, because the protections it offers are conditional on its continued willingness to honor them. A government whose officials enrich themselves through office will eventually make decisions that serve that enrichment rather than the rights of citizens.
The Government Integrity Amendment is, in the deepest sense, a statement about what kind of country America intends to be. It is a declaration that public service is a public trust, not a personal opportunity, not a financial vehicle, and not a platform for the exercise of unchecked power. It is a commitment, written into the supreme law of the land, that the people who govern will be held to the same standards of honesty and accountability that they ask of everyone else.
"HARP 8 does not simply add one more protection to the list.It makes every other protection more durable."
VII. The Choice Before Us
Constitutional amendments are rare for good reason. They require broad consensus, sustained political will, and a shared conviction that the problem being addressed is serious enough, and durable enough, to warrant embedding the solution in the supreme law of the land. The threshold is high by design. It should be.
The question this amendment asks is whether the patterns of government corruption, self-dealing, and accountability failure documented in this chapter meet that threshold. The answer, this chapter argues, is clearly yes, for three reasons.
First, the patterns are not aberrations. They recur across administrations, across political parties, and across decades. Every generation of reformers has concluded that the solution lies in better statutes, stronger enforcement, and more determined political leadership. Every generation has discovered, in time, that statutes can be repealed, enforcement can be defunded, and determined political leadership is the very thing that tends to disappear when it is most needed. The problem has proven resistant to statutory solutions because it is, at its core, a structural problem, and structural problems require structural solutions.
Second, the costs are borne by the people who can least afford to bear them. The taxpayer whose money funds a corrupted contract. The small business owner who loses to a connected competitor. The worker whose safety is not protected because the regulator is planning a more lucrative career. The voter whose choice is influenced by undisclosed foreign money. The community that is targeted by government power because of who its members are rather than what they have done. The costs of government corruption fall most heavily on those who have the fewest resources to absorb them.
Third, and most importantly, the solution is available. The amendment process exists precisely for problems of this character: problems too fundamental to be entrusted to the temporary political will of any one Congress or any one administration, problems whose solution requires the kind of permanence that only constitutional text can provide. Twenty-seven amendments have been ratified in the history of this Republic, each responding to a generation's recognition that something fundamental needed to change. The abolition of slavery. Women's suffrage. The direct election of senators. The extension of voting rights to citizens eighteen years and older. In each case, the amendment represented a decision by the American people that certain things were too important to be left to ordinary politics.
Government integrity belongs in that category. The Government Integrity Amendment proposes to put it there.
"The costs of government corruption fall most heavily on thosewho have the fewest resources to absorb them.The solution is available.
The amendment process exists for precisely this."
The amendment is imperfect, as all human efforts to codify principle into language are imperfect. It will be challenged, narrowed at the margins by courts, and supplemented over time by implementing legislation that refines its applications. That is how constitutional law works, not as a complete and final answer but as a durable framework that constrains the worst abuses while leaving room for the ongoing work of democratic governance.
What it will not do, if ratified, is permit the patterns described in this chapter to continue unchecked. It will not permit officials to accept foreign government money through family members while serving in the highest offices of the land. It will not permit the investigative power of the United States government to be used as a weapon against political enemies. It will not permit self-pardons, conflict pardons, or pardons purchased with money. It will not permit members of Congress to trade stocks in companies whose regulations they write. It will not permit officials to appoint their children to senior positions or to delete the records of what they have done.
These are not radical propositions. They are the minimum requirements of a government that deserves the trust of the people it serves. The Government Integrity Amendment asks the American people to make those requirements permanent.
VIII. The People’s Dollar: Why Digital Currency Belongs to the Public
By the middle of the 2020s, a new form of money had become part of the machinery of ordinary commerce without most Americans ever choosing it: the payment stablecoin, a digital token pegged one-to-one to the dollar and used to settle transactions the same way a bank transfer or a debit card does. The largest private issuer of dollar-pegged stablecoins reported more than $10 billion in profit through the first three quarters of 2025 alone, almost entirely interest earned on the government bonds and cash held to back the coins in circulation. A second major issuer reported $2.7 billion in reserve income over the same period, sharing as much as half of it with the exchange that distributes its coin. Neither company manufactures anything, employs a meaningful workforce, or takes any real economic risk; each holds the public’s money and keeps the interest a light regulatory framework already lets it keep in full.
This is not, at bottom, a story about generational wealth. A stablecoin is pegged to a dollar and does not appreciate, so it plays no part in the wealth-transfer mechanisms this Article closes elsewhere, the ordinary-rate treatment of capital gains under Section 60, the elimination of stepped-up basis at death under Section 61, and the decennial mark-to-market rule for the largest fortunes under Section 62, each of which already reaches a stablecoin position the moment it converts to or from another asset under Section 64(j). What Section 64 confronts is a narrower and, in its own way, more basic problem: the float income on money the public itself is using every day was being captured by a small number of private companies simply because they were first to build the payment rail. That income is not owed to a shareholder. It was never earned by risk, by labor, or by invention. It is the return on holding the public’s cash, and it belongs to the public.
Subsection (b) accordingly makes the Federal Reserve System the sole entity permitted to issue a payment stablecoin for use in a covered transaction. No bank, no technology company, and no securities issuer may be licensed to issue one in its place. Congress may still direct the Federal Reserve System to distribute the coin through banks, credit unions, and other regulated intermediaries acting purely as distribution agents, the public still touches this money through the institutions it already uses. But the entity that holds the reserves, earns the float, and stands behind the peg is the same entity that already issues every paper dollar in circulation. This is not a new form of money. It is the existing federal currency, on a faster rail.
Subsection (n) closes the loop this diagnosis identifies. All net income the Federal Reserve System earns on the reserves backing the coin, after the direct cost of examining, redeeming, reporting on, and enforcing the system this Section requires is paid to the Treasury of the United States not less than quarterly. None of it may be retained by the Federal Reserve System, rebated to a distribution agent, or diverted to any purpose other than the public’s own account. The interest on the public’s money returns to the public, in full, every quarter, rather than accumulating on a private balance sheet.
Subsection (m) sets the transition. Every stablecoin issued under the prior issuer-eligibility rule must be redeemed at par, without fee, within six months of ratification. Existing holders are made whole quickly, not left waiting on a phased wind-down. The Federal Reserve System, in turn, has up to three years to build the operational and technical systems a currency of this kind requires before it can begin issuing its own coin. For some period in between, the payment-stablecoin rail may simply be unavailable in the United States. That is an acceptable cost. A covered transaction still settles the way it always has. By card, by bank transfer, or in cash and the country loses nothing by waiting for this payment rail to be built once, correctly, by the public’s own central bank, rather than rushing a second private monopoly into its place.
The most common objection to a government-issued digital dollar is that it would draw deposits out of ordinary banks during a crisis, since a Federal Reserve System coin might be perceived as safer than a bank account. The objection assumes a choice that does not actually change. A depositor who fears for a bank’s solvency today already has a faster, equally available flight-to-safety option: the very private stablecoins this Section replaces. The public’s incentive to move money out of a shaky bank in an emergency is identical whether the safer alternative sitting one tap away is issued by a private company or by the Federal Reserve System. What changes is not the risk. What changes is who earns the interest on the money while it sits there. Under this Section, that answer is the public, not a private intermediary that happened to get there first.
A currency is not a product. It is a public utility that every other transaction in the economy depends on, and its issuance has belonged to the United States government since the Constitution first gave Congress the power to coin money. Section 64 extends that same principle to money’s digital form: the dollar, however it is carried, remains the people’s dollar.
IX. Accountability Without Delay: Compelling Answers from the Executive Branch
A subpoena Congress or an Inspector General cannot enforce is a request, not an instrument of oversight. For decades, the executive branch has treated congressional subpoenas as opening bids in a negotiation that can be stretched across an entire term through litigation, selective production, and claims of executive privilege asserted without ever being tested in court. Freedom of Information Act requests have followed the same pattern: statutory deadlines exist on paper, but an agency that misses them faces no meaningful consequence, so the deadline becomes a suggestion rather than a rule.
Section 65 closes that gap for subpoenas. An executive branch officer or agency has thirty days to comply with a congressional or Inspector General subpoena or to raise a privilege claim, and the claim itself must be resolved by a court within seven days, not left to percolate through appeals for years. If the court later finds the privilege claim was raised to run out the clock rather than to protect a legitimate constitutional interest, the ten-thousand-dollar-per-day penalty applies retroactively to the original deadline, so delay carries a real and personal cost to the official who caused it, not the taxpayer.
Section 66 does the same for the Freedom of Information Act. Thirty days to respond, a personal penalty for the responsible official if the agency does not, and a short cure period if the response turns out to be incomplete or inaccurate before the penalty is assessed retroactively by a reviewing court. Both Sections preserve the existing exemption for properly classified national security information: this is a mechanism for compelling timely answers, not a vehicle for forcing the disclosure of material that must remain secret for the nation’s protection.
The penalty in each Section runs against the individual official personally, not against the agency or the United States. An agency has no incentive to comply if the cost of noncompliance is paid by the same taxpayers the delay is meant to serve; an official facing a personal fine has every incentive to meet the deadline.
X. Ownership Without a Blank Check: What Belongs to the Public Requires the Public’s Consent
The Property Clause of Article IV gives Congress, not the President, the constitutional authority to dispose of and make rules respecting property belonging to the United States. In practice, a century of congressional silence has let the executive branch treat several categories of decision as ordinary administration when they are not: renaming what Congress or a long-standing federal process has named, altering or demolishing what the nation holds in trust, disposing of federal property, removing the leadership of federally chartered institutions, and opening federal land to extraction or grazing beyond what Congress has actually authorized.
Recent events show exactly how the gap gets used. The White House East Wing was demolished in 2025 to make way for a new ballroom; because the White House is exempt from the ordinary historic-preservation review that applies to federal buildings, the National Capital Planning Commission approved the project’s design only after the demolition was already complete, and no law required Congress to weigh in at all. In February 2025, the Kennedy Center’s board was reconstituted and the President installed as its Chairman, only possible because the statute chartering the Kennedy Center fixes trustee terms but never actually states a removal standard. Executive Order 14172 renamed the Gulf of Mexico and restored the name Mount McKinley by directive to the U.S. Board on Geographic Names; the Secretary of the Navy separately renamed the commissioned oiler USNS Harvey Milk, a decision within a Secretary’s discretion that Congress played no part in. None of these actions required a vote of the people’s representatives.
The extractive-use problem follows the same pattern in a different register. Congress has never required its own approval for each individual oil, gas, or grazing permit; the Mineral Leasing Act of 1920, the Taylor Grazing Act of 1934, and the Federal Land Policy and Management Act of 1976 hand that authority to the Interior Department and the Forest Service as a standing program. That delegation is settled law. What is not settled, and what this Section closes, is the executive’s use of a monument proclamation to strip a tract of land of its protected status for the specific purpose of opening it to extraction. President Trump’s 2017 reduction of the Bears Ears and Grand Staircase-Escalante National Monuments, restored in 2021 and cut again in July 2026 by roughly ninety percent combined, has been in litigation for most of a decade without a single court ever ruling on the merits of whether a President may shrink a monument at all. A constitutional floor should not depend on which circuit gets there first.
Section 67 draws one line. An Executive Order that implements a law Congress has already passed, including the ordinary administration of an existing leasing, permitting, or personnel program, remains squarely within the President’s faithful-execution authority and needs nothing further. An action that renames, demolishes, disposes of, or extracts from what belongs to the public, or that removes a statutory officer before a term Congress fixed by law, is a decision about disposition rather than administration, and the Section requires Congress to make that decision, not the President alone. The extractive-use provision preserves the existing leasing and grazing system rather than freezing it: routine permitting under the Mineral Leasing Act, the Taylor Grazing Act, and FLPMA continues exactly as it does today, and what the Section forecloses is an Executive Order that expands leasing beyond those programs, waives their limits, or shrinks a monument’s boundary to open the land beneath it to extraction.
Because Section 67 would otherwise reach only future Executive Orders, subsection (j) makes it retroactive to January 20, 2025, so the Section actually reverses the conduct that motivated it rather than leaving that conduct standing as a permanent exception. A renaming, a shrunken monument boundary, or an unlawfully removed trustee is void and must be restored within one hundred eighty days of ratification. A demolition cannot be undone, so the Section requires restoration only to the extent it is physically possible, and strips the demolition of any precedential weight going forward. The retroactivity provision does not reach a private party who made a substantial, good faith commitment in reliance on one of these Executive Orders before ratification. The President’s authority to have issued the order in the first place is void, but an innocent third party’s reliance is not, and Congress decides how any such lease or permit winds down.
PROPOSED CONSTITUTIONAL AMENDMENT
Article [_____] — The Government Integrity Amendment
Section 1. Scope of Application — All Branches of Government.
(a) Universal Application. This Article applies to all branches of the Government of the United States, legislative, executive, judicial, and to all departments, agencies, commissions, instrumentalities, corporations, and offices exercising governmental authority, whether such branch, department, or instrumentality is established at the time of ratification of this Article or is created thereafter by law, treaty, constitutional amendment, or any other means.
(b) Covered Persons. The term 'covered official' as used in this Article means any person who: (1) holds or has held an office of the United States, whether elected, appointed, or otherwise designated; (2) exercises or has exercised substantial governmental authority under any branch, department, or instrumentality of the Government of the United States; (3) is a candidate for any federal elective office; or (4) is an officer, director, or employee of a private contractor, corporation, or quasi-public entity, to the extent that person exercises governmental authority under color of federal law, regardless of the formal employment relationship.
(c) Future Branches. When a new branch of the Government of the United States is established after the ratification of this Article, the provisions of this Article shall apply to all covered officials of that branch from the date of the branch's establishment. Congress shall, within one year of establishing any new branch, enact legislation specifying the application of this Article to that branch consistent with its terms. Legislation enacted under this subsection may not narrow, delay, or condition the application of this Article beyond its terms, and this Article applies of its own force to a newly established branch from the date of its establishment whether or not Congress enacts such legislation.
Section 2. Definitions.
As used in this Article:
(1) 'Covered official' has the meaning set forth in Section 1(b).
(2) 'Senior federal office' means the President, Vice President, Cabinet secretaries, heads of independent agencies, members of the Senate and House of Representatives, Article III judges and justices, and such other offices as Congress may by law designate.
(3) 'Immediate family' means the spouse or domestic partner and any child, parent, or sibling of a covered official, and includes persons related by blood, marriage, adoption, or domestic partnership within the second degree.
(4) 'Adult child' means any child of a covered official who has attained the age of eighteen years.
(5) 'Thing of value' means any financial instrument, real or personal property, equity or debt interest, promise of future benefit, loan on non-commercial terms, forgiveness of debt, or other item of economic value.
(6) 'Official action' means any act performed in an official capacity, including decisions, orders, approvals, denials, referrals, and communications made in the exercise of governmental authority, consistent with the meaning of that term under 18 U.S.C. § 201(a)(3).
(7) 'Lawful predicate' means documented evidence of criminal conduct sufficient to satisfy the publicly published policies, rules, and standards of the relevant federal law enforcement agency applicable to the initiation of a formal investigation or prosecution.
(8) 'Demonstrably false' means false as established by objective, verifiable evidence, including official government data, peer-reviewed scientific consensus, or adjudicated factual findings of a court of competent jurisdiction, and does not include statements of opinion, policy judgment, or contested empirical claims for which reasonable experts disagree.
(9) 'Materially facilitated' means knowingly enabled, assisted, or substantially contributed to, in a manner that was more than de minimis.
(10) 'Financial gains' means all economic benefits received, including income, profits, increases in asset value, reduction of liabilities, and fair market value of services or property received.
(11) 'Qualified blind trust' means a trust meeting the requirements established in Section 6(b) of this Article.
(12) 'Securities' means stocks, bonds, options, futures, derivatives, and any other financial instrument whose value is derived from or linked to the performance of a company, industry sector, or financial index.
(13) 'Campaign contribution' means any money, property, service, or thing of value given to, or for the benefit of, any candidate for federal elective office or any political committee, whether or not characterized as a donation, investment, loan, or independent expenditure.
(14) 'Foreign agent' means any person who acts as an agent, representative, consultant, or lobbyist on behalf of a foreign government, foreign political party, or foreign state-owned enterprise in connection with any matter before the Government of the United States.
I. Eligibility for Office and Entering Public Service
Section 3. Maximum Age for Federal Elective Office.
(a) No person shall be eligible to be elected to, or to serve in, the office of President, Vice President, Senator, or Representative in Congress for any term beginning on or after the date on which that person has attained the age of sixty-five years.
(b) This Section is measured against the age of the officeholder as of the date on which the term of the office sought would begin, not the age of the candidate as of the date of the election. A candidate who will not have attained the age of sixty-five years as of that date remains eligible regardless of age at the time of the election.
(c) Congress may by law establish an equivalent maximum age for any federal elective office established after the ratification of this Article, but may not by law increase, waive, or otherwise modify the maximum age established by subsection (a) for the offices enumerated therein.
(d) This Section applies only to terms of office beginning on or after the date five years after the ratification of this Article. It does not restrict eligibility for, or apply to, any term of office beginning before that date, regardless of the age of the candidate or officeholder.
(e) This Section establishes a prospective eligibility requirement only. It does not authorize the removal of a President, Vice President, Senator, or Representative from a term of office already begun, regardless of the officeholder's age during that term.
Section 4. Term Limits for Members of Congress.
(a) House of Representatives. No person shall be eligible to be elected to, or to serve in, the office of Representative in Congress for any term of office that would result in that person having served more than eight years, in the aggregate, as a Representative.
(b) Senate. No person shall be eligible to be elected to, or to serve in, the office of Senator for any term of office that would result in that person having served more than twelve years, in the aggregate, as a Senator.
(c) Chamber-Specific Application; Non-Consecutive Service. The limitations established by subsections (a) and (b) apply separately to each chamber of Congress. Service in the House of Representatives does not count toward the limitation applicable to the Senate, and service in the Senate does not count toward the limitation applicable to the House of Representatives. Service need not be consecutive; any term served, whether consecutive or not, counts toward the applicable limitation.
(d) Partial Terms. A term of office to which a person is elected or appointed to fill a vacancy, and in which that person serves more than one-half of the remaining term, counts as a full term of service for purposes of subsections (a) and (b). A partial term of one-half or less does not count toward the applicable limitation.
(e) Effective Date. Service in the House of Representatives or the Senate before the date of this Article's ratification does not count toward the limitations established by subsections (a) and (b). The limitations established by this Section apply only to terms of office beginning on or after the date of ratification. No person serving a term already underway as of the date of ratification is removed from that term by operation of this Section.
(f) Functional-Role Anti-Circumvention. A person who performs the functions of a Representative or Senator under any title, designation, or appointment mechanism, including an ‘acting,’ ‘interim,’ or similarly designated capacity, is treated as holding the office of Representative or Senator for purposes of the limitations established by this Section, regardless of the title by which that service is denominated.
Section 5. Financial Disclosure Requirements and Tax Return Release.
(a) Every covered official shall, within thirty days of assuming office and annually thereafter, file a complete financial disclosure statement with the Office of Government Integrity disclosing: (1) All sources and amounts of income received during the preceding calendar year; (2) All assets, liabilities, and financial interests held as of the date of disclosure; and (3) All financial interests held by any spouse, domestic partner, or entity controlled by the official.
(b) Every covered official shall authorize the public release of all federal income tax returns filed during the period of service and for the five years preceding assumption of office.
(c) All financial disclosure statements and tax returns filed pursuant to this Section shall be made available to the public within thirty days of filing.
(d) Congress shall establish penalties for failure to disclose, false disclosure, and material omissions.
Section 6. Mandatory Divestiture and Blind Trust Requirements.
(a) Every covered official holding a senior federal office, as defined in Section 2, shall, within ninety days of assuming office, either: (1) Fully divest all financial interests that create a conflict of interest with the official's duties, as determined by the Office of Government Integrity; or (2) Place all such conflicted financial interests into a qualified blind trust, managed by an independent trustee approved by the Office of Government Integrity, in which the official retains no knowledge of, or control over, the assets held.
(b) A 'qualified blind trust' for purposes of this Section means a trust in which:
(1) An independent, non-family-member trustee has sole discretion over all investment and management decisions;
(2) The covered official receives no information regarding the specific composition, management, or performance of trust assets during the period of service; and
(3) The trustee certifies annually to the Office of Government Integrity that the trust meets the requirements of this Section.
(c) The divestiture or blind trust obligation of this Section applies in addition to, and does not satisfy, the financial disclosure requirements of Section 5.
(d) Congress shall establish the criteria for determining which financial interests constitute conflicts of interest, the procedures for trust approval and certification, and penalties for violations of this Section, including disgorgement of any financial gains derived from a conflicted interest retained in violation of this Section.
(e) The President, Vice President, and members of the Cabinet shall be subject to the provisions of this Section. Congress shall extend the requirements of this Section to other senior federal offices as it deems appropriate.
Section 7. One-Term Limit for the Presidency.
(a) One Term. No person shall be elected to the office of President more than once. This subsection supersedes the Twenty-Second Amendment to the Constitution, which permitted election to a second term.
(b) Partial-Term Succession. No person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President, shall be eligible to be elected to the office of President at any time. A person who has held or acted as President for two years or less of such a term remains eligible to be elected to the office of President once.
(c) Rule of Construction. Nothing in this Section limits the number of times a person may serve as Vice President, as Speaker of the House of Representatives, or in any other office, or otherwise restricts eligibility for any office other than the Presidency.
(d) Effective Date. This Section applies to any term of the Presidency beginning after the date of ratification of this Article. It does not apply to, count against, or diminish the eligibility of any person with respect to any term of the Presidency that began, or is ongoing, before that date.
II. Financial Conduct and Conflicts of Interest While in Office
Section 8. Prohibition on Abuse of Official Authority.
(a) No covered official shall, in the exercise of official authority: (1) Direct, initiate, or cause the initiation of any criminal investigation or prosecution of any person where there does not exist a lawful predicate for such investigation or prosecution as defined in Section 2; (2) Direct or cause the direction of any investigation or prosecution of any person, after a lawful predicate has been established, toward a predetermined outcome inconsistent with the facts and applicable law; (3) Suborn perjury, induce false statements, or cause the manufacture of evidence in connection with any investigation, prosecution, regulatory proceeding, or judicial proceeding; or (4) Use coercive official power, including threats of regulatory action, prosecution, benefit denial, or public disclosure to compel conduct from any private person or entity outside the bounds of lawful official authority.
(b) Joint liability for corruption extends to any covered official who, with actual knowledge of another official's corrupt conduct, materially facilitated that conduct by taking official action in furtherance thereof.
(c) Nothing in this Section shall be construed to prohibit legitimate law enforcement discretion, prosecutorial charging decisions made in good faith, or the denial of benefits, licenses, or approvals made pursuant to lawful criteria applied evenhandedly.
(d) Conduct described in subsection (a) that also falls within a category enumerated in Section 45(a) is subject to the immunity abolition of Section 45 in addition to any liability under this Section; this Section does not require proof of an offense enumerated in Section 45(a) and provides an independent basis for liability defined by the terms of subsections (a) through (c).
Section 9. Strengthened Emoluments Prohibition.
(a) No covered official shall accept, receive, or retain any emolument, gift, payment, loan, equity interest, or thing of value from:
(1) Any foreign government, foreign state-owned enterprise, or instrumentality of a foreign government;
(2) Any domestic entity in which a foreign government or foreign state-owned enterprise holds a controlling or substantial interest, as defined by Congress; or
(3) Any person or entity acting as agent, representative, or nominee of any of the foregoing.
(b) No covered official shall accept any domestic emolument beyond the compensation established by law for the office held.
(c) Congress shall enact legislation establishing procedures for disclosure, divestiture, and forfeiture of prohibited emoluments and the penalties for violations of this Section.
(d) A violation of this Section is enforceable by the Attorney General, the Inspector General of any department or agency with jurisdiction over the covered official, or any Member of Congress, by action for injunctive relief in the United States District Court for the District of Columbia. Any thing of value accepted, received, or retained in violation of this Section is subject to disgorgement under Section 30, in addition to any penalty Congress establishes under subsection (c).
Section 10. Prohibition on Financial Gains — All Federal Personnel.
(a) No covered official shall, while holding federal office or within two years of leaving federal office, derive financial benefit, directly or through any entity in which the official holds an interest, from any transaction, contract, or business relationship that:
(1) Was materially influenced by the official's exercise of governmental authority; or
(2) Was structured to provide financial benefit to the official by reason of the official's governmental position.
(b) The prohibition in subsection (a) applies regardless of whether the financial benefit is received directly by the official or indirectly through a spouse, domestic partner, or entity controlled by the official.
(c) Congress shall define 'financial benefit,' 'materially influenced,' and 'controlled by the official' for purposes of this Section, and shall establish procedures for disclosure, divestiture, and enforcement.
Section 11. Restrictions on Family Members of Senior Federal Officials.
(a) The spouse or domestic partner of any covered official holding a senior federal office, as defined in Section 2, shall not, while the covered official holds such office:
(1) Accept any payment, loan, equity interest, or thing of value from any foreign government or foreign state-owned enterprise made by reason of the covered official's position; or
(2) Hold any financial interest in any entity that, to the spouse's or domestic partner's actual knowledge, has a pending matter before the covered official's office or agency.
(b) An adult child of any covered official holding a senior federal office shall not, while the covered official holds such office, knowingly accept: (1) Any direct payment, equity interest, or loan from a foreign government or foreign state-owned enterprise made by reason of the covered official's position, rather than for services rendered at fair market value in an arm's-length transaction; or (2) Any thing of value from a foreign government or foreign state-owned enterprise in excess of the threshold established by Congress where the adult child cannot demonstrate that the transfer reflects fair market value for services actually rendered.
(c) Nothing in this Section shall restrict any family member's participation in ordinary commercial activity with private foreign nationals or foreign private companies, or any transaction at fair market value for services actually rendered.
(d) Congress shall establish disclosure requirements, safe-harbor procedures, and penalties for violations of this Section.
Section 12. Gift, Entertainment, and Donation Prohibition.
(a) No covered official shall solicit, accept, or retain any gift, payment, entertainment, travel benefit, or thing of value from any person or entity that: (1) Has or seeks to have business before the official's office, agency, or branch; (2) Is regulated by the official's office, agency, or branch; or (3) Has a financial interest in any decision pending before the official's office, agency, or branch.
(b) No covered official shall solicit donations to any organization, charitable, political, or otherwise, from any person or entity described in subsection (a).
(c) Congress shall establish de minimis thresholds, exceptions for items of nominal value, and penalties for violations of this Section.
(d) Affiliated Entities. An entity established, named for, or operated for the primary benefit of a covered official, including a presidential or other official library, foundation, museum, or similar organization bearing the official's name or established to preserve, promote, or fund activities related to the official's tenure in office, is treated as the covered official for purposes of this Section and Section 9. The prohibitions of this Section and of Section 9 apply to a solicitation or acceptance made on behalf of such an entity by the covered official, or by any officer, employee, board member, or other agent of the entity, and apply to the acceptance of a donation as well as its solicitation, whether or not the covered official personally requested it.
(e) Officially Associated Capital Projects. A gift, payment, or donation of materials, labor, or services given for the design, construction, renovation, or improvement of real property owned, leased, or controlled by the United States, where the project is publicly identified with, named for, or undertaken substantially at the request of a covered official, is treated as a gift to that covered official for purposes of this Section, regardless of whether the donation is made to a federal agency, an entity described in subsection (d), or any other intermediary. No such gift may be solicited or accepted from any person or entity described in subsection (a) while the covered official holds office. A gift not otherwise prohibited by this subsection shall not be accepted unless the identity of the donor and the value of the donation are publicly disclosed in advance.
Section 13. Prohibition on Congressional Securities Trading.
(a) No member of the Senate or House of Representatives, and no member of their immediate household, shall purchase, sell, or otherwise trade in the securities of any company or industry:
(1) That is subject to the legislative jurisdiction of any committee on which the member serves;
(2) That has any pending matter, legislation, or regulatory action before any committee on which the member serves; or
(3) Where the member possesses material non-public information obtained in the course of legislative service.
(b) For purposes of this Section, 'securities' means stocks, bonds, options, futures, derivatives, and any other financial instrument whose value is derived from or linked to the performance of a company, industry sector, or financial index.
(c) Assets held in a qualified blind trust meeting the requirements of Section 6 are exempt from the prohibitions of this Section.
(d) Congress shall establish a divestiture mechanism for securities held in violation of this Section at the time of a member's committee assignment, procedures for reporting and disclosure, and civil and criminal penalties for violations.
(e) Any financial gain realized from a transaction in violation of this Section shall be subject to disgorgement under Section 30 and shall be remitted to the general fund of the Treasury.
Section 14. Prohibition on Nepotism in Federal Appointments.
(a) No covered official shall appoint, employ, promote, advance, or advocate for the appointment, employment, promotion, or advancement of any member of the official's immediate family to any position in the agency, office, branch, or instrumentality over which the official exercises supervisory, budgetary, or personnel authority.
(b) For purposes of this Section, 'immediate family' has the meaning set forth in Section 2, and includes any person related to the covered official by blood, marriage, adoption, or domestic partnership within the second degree.
(c) The prohibition of this Section applies regardless of whether the family member is otherwise qualified for the position, and regardless of whether the family member serves with or without compensation.
(d) Nothing in this Section shall prohibit a family member of a covered official from independently seeking or obtaining federal employment through a competitive selection process in which the covered official played no role.
(e) Congress shall establish procedures for reviewing appointments alleged to violate this Section, remedies for violations including removal from the improperly obtained position, and penalties for covered officials who violate this Section.
Section 15. Preservation of Official Communications and Records.
(a) All official communications and records of the Government of the United States shall be preserved permanently. Congress shall establish the systems, formats, timelines, and penalties required to implement this obligation.
(b) Pending congressional action under subsection (a), no covered official shall permanently delete, destroy, or cause the permanent deletion or destruction of any official communication or record. Any official communication conducted on a personal or non-governmental device or system shall be transferred to an official government records system within five business days of the communication.
(c) A willful violation of subsection (b) shall constitute obstruction of government for purposes of this Article.
(d) Government Ownership and Return of Records. Every official communication and record described in this Section is the property of the United States and shall remain in the custody of the United States. No covered official may remove, retain, or transfer to personal possession any official communication or record upon leaving office. Not later than fifteen business days after a covered official leaves office, the official shall transfer to the National Archives and Records Administration, or to any successor agency designated by law, custody of every official communication and record, including any such communication or record on a personal or non-governmental device or system, in the official's possession or control. A willful violation of this subsection shall constitute obstruction of government for purposes of this Article.
Section 16. Prohibition on Discriminatory Official Acts and False Official Certifications.
(a) No covered official shall, in the exercise of governmental authority, take any official action that: (1) Singles out any person or group for adverse government treatment on the basis of race, color, sex, sexual orientation, national origin, religion, age, disability, or genetic information, unless such official action is independently required or authorized by law and is applied evenhandedly; or (2) Is designed to impose a burden or deny a benefit on the basis of any characteristic enumerated in this subsection without an independent lawful basis for the differential treatment.
(b) No covered official shall, in any official government document, sworn certification, or official government communication issued in the official's governmental capacity, knowingly certify as true any factual matter that is demonstrably false as defined in Section 2. For purposes of this subsection, an official government communication includes any statement made through a social media account, official or personal, that the covered official uses to communicate regarding a matter of United States government business or the official's performance of government duties.
(c) Nothing in this Section shall be construed to restrict:
(1) Any covered official's personal speech, campaign speech, or political advocacy in a private capacity;
(2) Any covered official's expression of opinion, policy preference, or judgment on any contested matter of policy or law; or
(3) Any legislative act of Congress, or any judicial ruling of any federal court, made within the scope of the respective constitutional authority of those branches.
(d) Congress shall establish penalties for violations of subsections (a) and (b), including civil remedies for persons adversely affected by discriminatory official acts.
Section 17. Accountability for Official Misrepresentations to the Public and Congress.
(a) No covered official holding a senior federal office, as defined in Section 2, shall knowingly make a materially false statement of fact, in an official capacity, in testimony before Congress, in a press briefing or official government communication issued on behalf of the United States, through a social media account, official or personal, used by the covered official to communicate regarding a matter of United States government business or the official's performance of government duties, or in any official report submitted to Congress or the public, where the statement is demonstrably false as defined in Section 2.
(b) A statement of opinion, prediction, policy judgment, or a contested empirical claim on which reasonable experts disagree does not violate this Section.
(c) The Office of Government Integrity, established under Section 28, shall receive and investigate complaints alleging violations of this Section and may refer credible findings to the Department of Justice, the relevant Inspector General, or the appropriate congressional committee of jurisdiction for further action.
(d) Congress shall by law establish civil and administrative penalties for a first violation of this Section, including censure and mandatory public correction, and, where otherwise authorized by law, referral for removal proceedings.
(e) Criminal Penalty for Willful, Repeated Violations. A covered official who commits a second or subsequent violation of this Section, where each violation was made with actual knowledge of its falsity, is guilty of a federal felony and, upon conviction, shall be subject to imprisonment of not more than five years, a fine, or both, in addition to any penalty already established by law, including 18 U.S.C. § 1001. A single violation, or a violation made negligently rather than knowingly, does not give rise to criminal liability under this subsection.
(f) Nothing in this Section shall be construed to limit any covered official's protections under the Speech and Debate Clause of Article I, Section 7, or to apply to statements made in a purely personal or campaign capacity.
Section 18. Mandatory Disclosure for Family Foreign Investments.
(a) Any member of the immediate family of a covered official holding a senior federal office, as defined in Section 2, who enters into any investment, business arrangement, or financial relationship with a foreign government, foreign state-owned enterprise, or instrumentality of a foreign government with a value exceeding the threshold established by Congress, shall disclose that arrangement to the Office of Government Integrity within thirty days of its execution.
(b) Congress shall establish a voluntary review process by which family members may submit proposed foreign investments or arrangements for advance review before execution. Arrangements reviewed and approved through this process shall not be subject to disgorgement under Section 30.
(c) Failure to make timely disclosure under subsection (a) shall subject the financial gains from the undisclosed arrangement to disgorgement under Section 30 and to such additional penalties as Congress shall establish.
(d) Nothing in this Section shall require prior approval of any family member's investment or business arrangement before it is executed. Disclosure, not preclearance, is the constitutional obligation established by this Section.
Section 19. Prohibition on Nondisclosure Agreements by Elected Officials.
(a) Definition. As used in this Section, “elected official” means any person holding an elected office of the United States, of any State, or of any political subdivision of a State.
(b) Prohibition. No elected official, and no office, agency, or instrumentality employing or supervised by an elected official, shall require, request, or enforce a nondisclosure, confidentiality, or similar agreement that prohibits or restricts a current or former employee, contractor, intern, or other person from disclosing information concerning the official conduct of an elected official or the operation of the government body the official serves.
(c) Exceptions. This Section does not prohibit an agreement limited to:
(1) information properly classified under a national security classification system established by law;
(2) the personal, medical, or financial information of a private individual unrelated to an official's own conduct;
(3) communications protected by attorney-client privilege; or
(4) trade secrets or proprietary business information disclosed to the government by a private party in the course of procurement, contracting, or regulation, unrelated to the conduct of any elected official.
(d) Effect. A provision of any nondisclosure or confidentiality agreement that violates subsection (b) is void and unenforceable, whether executed before or after the ratification of this Article; this subsection does not impose liability for a disclosure made before ratification.
(e) Enforcement. An elected official, or a government body, that requires, requests, or attempts to enforce an agreement in violation of this Section is subject to such civil and criminal penalties as Congress shall by law establish, and Congress may extend such penalties to State and local elected officials to the same extent as Congress may reach under Section 5 of the Fourteenth Amendment or any other applicable constitutional authority.
Section 20. Prohibition on Gambling on Governmental and Electoral Outcomes.
(a) No person shall place, accept, offer, facilitate, or profit from a bet, wager, option, derivative, “prediction market” contract, or other instrument of any kind, the value or payout of which is contingent upon the outcome of a federal, State, or local election, a vote or other official act of any legislative body, a judicial decision, an act of enforcement or non-enforcement by an executive agency, or any other official act of any government official or body.
(b) This Section applies without regard to whether the instrument described in subsection (a) is denominated a “bet,” a “wager,” a “future,” a “swap,” an “event contract,” or by any other name, and without regard to whether it is offered, facilitated, or cleared by an entity otherwise regulated as a financial market by the Commodity Futures Trading Commission, the Securities and Exchange Commission, or any successor agency.
(c) Nothing in this Section prohibits ordinary political polling; academic or journalistic forecasting that does not involve an exchange of value contingent on the forecast's accuracy; campaign contributions made in compliance with applicable law; or the ordinary purchase and sale of publicly traded securities of a business enterprise whose value may be generally affected by government policy.
(d) A violation of this Section is subject to such civil and criminal penalties, including forfeiture of amounts wagered or profits derived, as Congress shall by law establish.
(e) An elected or appointed official of any government who violates this Section, or who has actual knowledge of and fails to report a violation of this Section by a person acting on the official's behalf, is subject to removal from office in addition to any penalty established by Congress.
Section 21. Aggregate Contribution and Coordination Limit for Candidates for Federal Office.
(a) “Contribution” means money or a thing of value given, loaned, or advanced, directly or indirectly, to or for the benefit of a candidate for federal office, including a coordinated expenditure. “Coordinated expenditure” means an expenditure made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, the candidate's campaign, or an agent of either, regardless of the identity of the person or committee making the expenditure. “Cause to contribute” means providing money or a thing of value to any other person, organization, or committee with the intent, agreement, or reasonable expectation that it will be used, in whole or in part, as a contribution or coordinated expenditure on behalf of a candidate.
(b) No individual shall contribute, or cause to be contributed, in any combination of contributions and coordinated expenditures, more than five thousand dollars in the aggregate to or on behalf of any candidate for federal office per election.
(c) The limit established by subsection (b) applies without regard to the identity or form of the intermediary through which a contribution or coordinated expenditure is made, including a political party committee, joint fundraising committee, or leadership political action committee.
(d) This Section does not limit an independent expenditure made without coordination, consultation, or agreement, express or implied, with the candidate, the candidate's campaign, or an agent of either.
(e) Congress shall adjust the dollar amount established by subsection (b) no less than once every four years to reflect changes in the Consumer Price Index. An adjustment under this subsection may not reduce the amount below five thousand dollars measured in the dollars of the year this Section is ratified.
(f) A violation of this Section is subject to the disclosure requirements of Section 38 and the penalties Congress establishes under this Article. This Section is self-executing.
(g) The limitation established by this Section is grounded in the government's interest in preventing corruption and the appearance of corruption arising from the actual or perceived exchange of large campaign contributions for official favor, and in preventing circumvention of that interest through coordinated spending; it is not intended to, and does not, limit the total amount of money spent on behalf of a candidate through genuinely independent expenditures.
Section 22. Prohibition on Federal Equity Ownership in Private Enterprise; Divestiture of Existing Holdings.
(a) Except as provided in subsection (f), neither the United States nor any officer, department, or agency thereof shall acquire, hold, or exercise an ownership, equity, profit-sharing, or comparable control interest in any private or publicly traded company, whether directly or through a warrant, option, convertible instrument, or similar arrangement, as a condition of, or in exchange for, any grant, loan, tariff relief, regulatory action, or other governmental benefit or authority.
(b) Within one hundred eighty days of ratification, the head of each department or agency holding an interest described in subsection (a) acquired before ratification shall commence divestiture of that interest in accordance with this Section, to be completed within two years of ratification unless Congress, by law, extends that period for good cause shown.
(c) If the company has been profitable, measured from the inception of the business to the date of divestiture, every other holder of an equity interest in the company shall receive, from the proceeds of the sale required by subsection (e), an amount equal to that holder's original invested capital before any proceeds are applied on account of the government's interest.
(d) If the company has not been profitable, measured from the inception of the business to the date of divestiture, every other holder of an equity interest shall receive, from the proceeds of that sale, an amount equal to that holder's original invested capital reduced by that holder's proportional share of the company's cumulative losses over that period, before any proceeds are applied on account of the government's interest.
(e) Following the distributions required by subsections (c) or (d), the company, or the government's remaining interest in it, shall be sold through a competitive process reasonably designed to achieve fair market value. The process required by this subsection shall provide reasonable notice and opportunity for competing bids, consistent with the government's obligation to achieve fair market value. Proceeds remaining after the distributions required by subsections (c) and (d) shall be credited to the general fund of the Treasury.
(f) This Section does not apply to: a wholly owned instrumentality of the United States established by Congress to perform a governmental function; an investment held by a retirement, pension, or insurance fund for the actuarial benefit of its beneficiaries and not for the purpose of exercising control over the company; or an interest acquired through the ordinary operation of federal deposit insurance or the resolution of a failed financial institution, provided that any such interest is divested under subsections (b) through (e) within a reasonable time after the resolution is complete. This subsection preserves in full the government's authority to establish and operate a wholly public entity for a public purpose, and to resolve a failing financial institution, without regard to the prohibition in subsection (a).
(g) This Section is self-executing. An officer who acquires or continues to hold a prohibited interest is subject to injunction, and any private benefit obtained through a violation of this Section is subject to disgorgement under Section 30.
Section 23. Prohibition on Family Enrichment Through Government-Facilitated Foreign Business Arrangements.
(a) “Covered official” means the President, the Vice President, the head of any executive department or agency of the United States, and any other officer or employee of the Executive Office of the President or of any executive department or agency who exercises substantial authority over, or substantial influence in, the approval, denial, or terms of a federal financing action, regardless of whether that officer or employee holds a position requiring Senate confirmation. “Immediate family” means a covered official's spouse; the covered official's children of any age, and the spouses of those children; the covered official's grandchildren, and the spouses of those grandchildren; the covered official's siblings, and the spouses of those siblings; the covered official's parents; the covered official's grandparents; the covered official's aunts and uncles, and the spouses of those aunts and uncles; and any entity in which the covered official or any person described in this subsection holds a financial interest. “Federal financing action” means a loan, loan guarantee, grant, insurance, equity investment, preferential tariff or trade treatment, or other financial or regulatory benefit provided, approved, or facilitated by any department, agency, or instrumentality of the United States, including the Export-Import Bank of the United States and the United States International Development Finance Corporation.
(b) No covered official, and no member of a covered official's immediate family, shall hold a financial interest, direct or indirect, in a business enterprise that is a party to, or an affiliate of a party to, a federal financing action approved or facilitated during that covered official's tenure, if another member of the same immediate family holds, acquires, or stands to acquire a financial interest, business opportunity, concession, license, or resource right, including a mineral, mining, oil, gas, or other extraction right, from the foreign government, foreign state-owned enterprise, or foreign private party that is a counterparty to, or beneficiary of, that federal financing action.
(c) The prohibition in subsection (b) applies without regard to the sequence in which the family members' respective interests are acquired, and without regard to whether the resulting benefit to any family member is structured through a newly formed entity, a subsidiary, an investment fund, or any other intermediary. It is not a defense that no single family member's transaction, viewed alone, involved a federal financing action.
(d) A covered official and the members of that official's immediate family shall disclose, within thirty days of the official taking office, any existing financial interest in an entity engaged in business with a foreign government, a foreign state-owned enterprise, or a foreign entity operating in an extractive industry. A financial interest disclosed under this subsection that is not divested within one year of the official taking office becomes subject to the prohibition in subsection (b) for the remainder of the official's tenure.
(e) A violation of this Section requires disgorgement, to the general fund of the Treasury, of any profit, gain, or thing of value received by the covered official or any member of the official's immediate family in connection with the violation, under Section 30. The federal financing action giving rise to the violation is voidable at the election of the United States. An officer of the United States who knowingly authorizes a federal financing action in violation of this Section is subject to removal.
(f) A claim arising under this Section is justiciable in the United States District Court for the District of Columbia. Standing to seek enforcement extends to the Attorney General, the Inspector General of any department or agency involved in the federal financing action, and any Member of Congress. No court shall decline to hear a claim under this Section on the ground that it presents a nonjusticiable political question.
(g) This Section is self-executing. Congress may by law establish additional disclosure, reporting, or enforcement mechanisms consistent with this Section, but may not diminish, condition, or suspend any protection or prohibition expressly established by this Section.
Section 24. Circular Transaction Disclosure and Anti-Manipulation Requirements.
(a) Definitions. “Circular transaction arrangement” means a pattern of two or more transactions, occurring within the same or preceding three fiscal years, among two or more entities, in which revenue, demand, or growth reported by one entity as arising from a commercial transaction with a counterparty derives, directly or indirectly, in whole or in material part, from capital, credit, equity, or other consideration that the reporting entity, an affiliate of the reporting entity, or a common investor holding a material interest in both entities provided to that counterparty for the purpose of, or with the practical effect of, enabling or increasing that counterparty's purchase from the reporting entity. “Publicly traded company” means an issuer of securities required to file periodic reports with the Securities and Exchange Commission. “Material” has the meaning generally applicable to disclosure obligations under federal securities law.
(b) A publicly traded company that is a party to a circular transaction arrangement shall disclose, in its periodic filings with the Securities and Exchange Commission and in any public statement quantifying its revenue, revenue growth, or demand attributable to that arrangement: the identity of each counterparty; the dollar amount of revenue reported from that counterparty; and the dollar amount and form of capital, credit, equity, or other consideration the reporting company or an affiliate provided to that counterparty during the same or preceding three fiscal years.
(c) If, in any fiscal year, five percent or more of a publicly traded company's total reported revenue derives from one or more circular transaction arrangements, the company may not recognize or report that revenue in its financial statements unless: (i) a committee composed entirely of directors independent of the counterparty and of any common investor described in subsection (a) has reviewed and approved the arrangement; and (ii) the company has obtained a written fairness opinion from an independent financial advisor, retained by and reporting to the independent committee, opining that the terms of the arrangement are no less favorable to the company than could reasonably be obtained in a transaction with an unaffiliated party. The independent committee's approval and the fairness opinion shall be disclosed under subsection (b).
(d) No officer, director, or agent of a publicly traded company shall make, or cause the company to make, a public statement, projection, or filing that characterizes revenue, demand, or growth derived from a circular transaction arrangement as independent, organic, or third-party demand, without the disclosure required by subsection (b), where a reasonable investor would consider the omission material to an investment decision.
(e) This Section does not prohibit an entity from engaging in vendor financing, investment in a customer or supplier, or any other lawful commercial or financial transaction. It requires disclosure of, independent approval above the threshold established by subsection (c) for, and prohibits deception concerning, the economic substance of such a transaction; it does not require that the transaction have economic substance beyond mutual benefit to the parties.
(f) A violation of subsection (c) or (d) is subject to a civil penalty of not less than $1,000,000 per violation, in addition to the civil and criminal remedies available under federal securities law for a material misstatement or omission in connection with the purchase or sale of a security, and to disgorgement under Section 30. A shareholder aggrieved by a violation of this Section has a private right of action for damages, subject to the same procedural requirements generally applicable to a private securities-fraud action.
(g) Congress may by law establish additional disclosure formats, materiality thresholds, and safe harbors consistent with this Section, but may not eliminate the disclosure obligation established by subsection (b), the independent-approval requirement established by subsection (c), or the penalty established by subsection (f).
Section 25. Prohibition on Digital Asset and Stablecoin Conflicts of Interest.
(a) Definitions. As used in this Section, "covered official" and "immediate family" have the meanings given in Section 23(a), and "controlling interest" has the meaning given in Section 39(c). "Digital asset venture" means an entity that issues, mints, administers, or is the primary sponsor of a stablecoin, cryptocurrency, or other blockchain-based digital token. "Covered interest" means an ownership, equity, or profits interest in a digital asset venture, held individually or in the aggregate by a covered official and that official's immediate family, that exceeds two percent of the venture's outstanding equity or profits interests, or a controlling interest in a digital asset venture as defined in Section 39(c), whichever threshold is met first. "Foreign-government-linked investment" means an investment, loan, or other financial contribution made directly or indirectly to a digital asset venture by a foreign government, a foreign state-owned or state-controlled entity, or a sovereign wealth fund. "Below fair value" means issued or transferred on terms more favorable than those offered, at the same time, to similarly situated unaffiliated purchasers.
(b) No covered official, and no member of a covered official's immediate family, shall hold a covered interest in a digital asset venture that, during the official's tenure: (i) receives a foreign-government-linked investment; or (ii) issues or transfers a token, coin, equity interest, or other financial instrument to a covered official, any other officer or employee of the United States, or an immediate family member of either, below fair value.
(c) No federal agency, and no officer or employee of the United States acting in an official capacity, shall accept, use, or facilitate payment in a stablecoin or other digital asset issued by a digital asset venture in which a covered official or a member of that official's immediate family holds a covered interest.
(d) A trust does not qualify as a qualified blind trust for purposes of Section 6 if a trustee, investment manager, or any other person exercising investment discretion over the trust's assets is an immediate family member of the covered official who established it, or is selected, retained, or subject to removal by the covered official or an immediate family member.
(e) The difference between fair value and the price or terms actually received in a transfer described in subsection (b)(ii) is a gift for purposes of Section 12, and the full value received in violation of this Section is subject to disgorgement under Section 30.
(f) A foreign-government-linked investment described in subsection (b)(i) is a violation of the emoluments prohibition of Section 9.
(g) A claim arising under this Section is justiciable in the United States District Court for the District of Columbia. Standing to enforce this Section extends to the Attorney General, the Inspector General of any department or agency involved, and any Member of Congress. This Section is self-executing.
Section 26. Prohibition on Domestic Self-Enrichment, Family Enrichment, and Conflicted Litigation Settlements Through Governmental Position.
(a) Definitions. As used in this Section, “covered official” and “immediate family” have the meanings given in Section 23(a). “Domestic financing action” means a federal contract, grant, loan, loan guarantee, insurance, equity investment, regulatory approval, license, or other financial or regulatory benefit provided, approved, or facilitated by any department, agency, or instrumentality of the United States to a person or entity organized or principally operating within the United States. “Qualifying asset” means a personal residence occupied by the covered official or the official’s immediate family; a diversified mutual fund or exchange-traded fund holding no single issuer’s securities in excess of five percent of the fund's total assets; direct obligations of the United States; and a retirement account described by Congress by law as a qualified retirement plan for purposes of this subsection. “Candidate for President” means an individual who has filed a statement of candidacy for President of the United States with the Federal Election Commission or its successor, or who has otherwise publicly declared candidacy for that office, whichever occurs first, and who remains a candidate through the earlier of that individual’s formal withdrawal or the certification of the results of the general election. “Controlled entity” means a corporation, partnership, trust, foundation, limited liability company, or other organization in which the President, the President-elect, a candidate for President, or a member of that individual’s immediate family holds a financial interest, serves as an officer, director, or trustee, or otherwise exercises effective control over the organization's assets or expenditures, including an organization established to fund a future presidential library, museum, or archive. “Covered settlement payment” means a settlement payment, judgment, or other thing of value paid or transferred, directly or indirectly, to the President, the President-elect, a candidate for President, or a controlled entity, by or on behalf of a private entity, in resolution or partial resolution of a civil claim, whether or not litigation was filed, and regardless of whether the payment is characterized as damages, a settlement, a donation, or any other form of transfer of value.
(b) Domestic Family Enrichment Prohibited. No covered official, and no member of a covered official's immediate family, shall hold a financial interest, direct or indirect, in a business enterprise that is a party to, or an affiliate of a party to, a domestic financing action approved or facilitated during that covered official's tenure, if another member of the same immediate family holds, acquires, or stands to acquire a financial interest, business opportunity, equity stake, licensing fee, board position, or compensation arrangement from the person or entity that is the recipient of, or a counterparty to, that domestic financing action. Section 23(c)'s rules of application, regarding sequence of acquisition, use of intermediary entities, and the irrelevance of viewing any single transaction in isolation, apply equally to this subsection.
(c) Mandatory Divestiture — President and Vice President. (1) Within ninety days of taking office, the President and the Vice President shall each place every asset other than a qualifying asset into a qualified blind trust administered by a trustee independent of the official and of the official's immediate family, under an instrument that bars the trustee from disclosing the trust's specific holdings to the official, or shall divest the asset entirely. (2) During the official's term, neither the President nor the Vice President, nor any member of either official's immediate family, shall acquire an ownership interest in, found, or become a compensated officer, director, or employee of any new for-profit business enterprise, including any enterprise involving the licensing of the official's name, image, or likeness, or the issuance, sale, promotion, or endorsement of any digital asset or security. (3) This subsection does not require the divestiture of a qualifying asset, and does not restrict continued receipt of previously earned compensation, including pension or deferred compensation, for services rendered before the official's term began.
(d) Covered Settlement Payments. (1) A covered settlement payment is presumptively conflicted if the paying entity, within the four years preceding or the two years following the date of payment, was a party to, or an affiliate of a party to, a domestic financing action, or had a matter pending before any department, agency, or instrumentality of the United States capable of granting, denying, or materially affecting a domestic financing action to that entity. (2) The President, the President-elect, and any candidate for President shall not receive, retain, or direct to a controlled entity any presumptively conflicted covered settlement payment; a presumptively conflicted covered settlement payment received by the President, the President-elect, a candidate for President, or a controlled entity shall instead be paid over to the general fund of the Treasury within thirty days of receipt. (3) The presumption established by paragraph (1) may be rebutted only by clear and convincing evidence, presented to the United States District Court for the District of Columbia, that the domestic financing action or pending matter played no role, direct or indirect, in the amount, timing, or existence of the covered settlement payment. (4) Within fifteen days of receiving or directing any covered settlement payment exceeding fifty thousand dollars, the President, the President-elect, or a candidate for President shall publicly disclose the identity of the paying entity, the amount and form of the payment, and the nature of the underlying claim, and shall refer the matter to the Inspector General of the department, agency, or instrumentality whose domestic financing action or pending matter gives rise to the presumption under paragraph (1), or, if more than one is implicated, to each such Inspector General, for a determination of whether the payment is presumptively conflicted under paragraph (1). (5) This subsection does not restrict the right of the President, the President-elect, or a candidate for President to file, maintain, or settle a civil claim; it restricts only the personal or controlled-entity receipt of a presumptively conflicted covered settlement payment arising from such a claim.
(e) Enforcement. A violation of subsection (b), (c), or (d) requires disgorgement, to the general fund of the Treasury, of any profit, gain, or thing of value received by the covered official, a candidate for President, a controlled entity, or any member of the official's immediate family, in connection with the violation, under Section 30. The domestic financing action giving rise to a violation of subsection (b) or (d) is voidable at the election of the United States. A claim arising under this Section is justiciable in the United States District Court for the District of Columbia. Standing to seek enforcement extends to the Attorney General, the Inspector General of any department or agency involved in the domestic financing action, and any Member of Congress. No court shall decline to hear a claim under this Section on the ground that it presents a nonjusticiable political question.
(f) Effective Date. Subsection (c) applies to the President and Vice President beginning with the first term of each office to begin after the date of ratification of this Section. Subsections (b) and (d) apply to conduct occurring after the date of ratification, regardless of when the covered official's term began or when the individual became a candidate for President.
(g) Self-Execution. This Section is self-executing. Congress may by law establish additional disclosure, reporting, or enforcement mechanisms consistent with this Section, but may not diminish, condition, or suspend any protection or prohibition expressly established by this Section.
III. Oversight, Investigation, and Enforcement Institutions
Section 27. Federal Judicial Ethics and Recusal Standards.
(a) Every Article III judge and justice of the United States shall be subject to a binding code of judicial ethics established by Congress, which shall include at a minimum: (1) Mandatory recusal from any case in which the judge or justice, or any member of the judge's or justice's immediate family, has a direct financial interest in the outcome; (2) Mandatory recusal from any case in which the judge or justice has a personal relationship with a party that would cause a reasonable person to question the judge's or justice's impartiality; (3) Mandatory disclosure of all gifts, travel, and hospitality received from any person or organization with an interest in matters before the federal judiciary, consistent with the requirements of Section 12; and (4) Mandatory financial disclosure consistent with the requirements of Section 5.
(b) No Article III judge or justice shall be the sole and unreviewable arbiter of whether the judge's or justice's own recusal is required. Congress shall establish an independent review process for recusal determinations that does not require the affected judge or justice's agreement.
(c) The Office of Government Integrity shall have authority to receive and investigate complaints regarding violations of this Section by federal judges and justices and to refer credible evidence of violations to the Judicial Council of the relevant circuit, the House of Representatives for purposes of impeachment proceedings, or the Department of Justice, as appropriate.
(d) Nothing in this Section shall be construed to alter the constitutional basis of Article III judicial tenure, compensation protections, or the independence of the federal judiciary in deciding cases and controversies.
(e) Congress shall enact the code of judicial ethics required by subsection (a) within two years of ratification of this Article and shall establish enforcement procedures consistent with this Section.
Section 28. Office of Government Integrity.
(a) There is hereby established an Office of Government Integrity, an independent agency of the Government of the United States, which shall consist of five members appointed by the President with the advice and consent of the Senate.
(b) Of the five members: (1) No more than three shall be members of the same political party; (2) All five shall be persons of demonstrated integrity, professional competence, and independence; and (3) Members shall serve staggered six-year terms and shall be removable only for cause.
(c) The Office of Government Integrity shall have authority to: (1) Receive, investigate, and evaluate complaints and referrals alleging violations of this Article; (2) Subpoena documents, records, and testimony in connection with investigations conducted under this Article; (3) Refer credible evidence of violations to the Department of Justice, relevant inspectors general, the Judicial Council of the relevant circuit, or appropriate congressional committees for action; (4) Publish findings of investigations, subject to the protection of due process rights of covered persons; and (5) Issue implementing regulations necessary to carry out the provisions of this Article, subject to congressional review under procedures established by Congress.
(d) The Office of Government Integrity shall not have authority to adjudicate violations, impose penalties, or issue declaratory rulings binding on courts or the parties before them. All adjudication of violations shall be conducted by courts of competent jurisdiction or by administrative bodies established by Congress.
(e) Congress shall, within two years of ratification of this Article, enact legislation establishing the organization, jurisdiction, procedures, funding, and additional authorities of the Office of Government Integrity consistent with this Section.
Section 29. Whistleblower Protection.
(a) No covered official shall retaliate, or direct the retaliation, against any person who, in good faith: (1) Reports, discloses, or assists in the investigation of a suspected violation of this Article to the Office of Government Integrity, to any inspector general, to any congressional committee, or to any law enforcement agency; (2) Provides testimony, documents, or other evidence in connection with any investigation or proceeding under this Article; or (3) Refuses to participate in, or objects to, any conduct the person reasonably believes constitutes a violation of this Article.
(b) Retaliation for purposes of this Section includes any adverse personnel action, termination, demotion, suspension, transfer, denial of promotion, harassment, investigation initiated without lawful predicate, or any other action that would deter a reasonable person from engaging in the protected activity described in subsection (a).
(c) Any person who suffers retaliation in violation of this Section shall have a private right of action in any court of competent jurisdiction for reinstatement, back pay, compensatory damages, and reasonable attorney's fees.
(d) The good-faith requirement of subsection (a) is satisfied where the person reasonably believed, at the time of the report or disclosure, that a violation of this Article may have occurred, regardless of whether a violation is ultimately established.
(e) Congress shall establish additional procedures for filing complaints, interim protection pending investigation, and enhanced remedies for egregious retaliation. The protections of this Section are self-executing and do not require implementing legislation to be operative.
Section 30. Disgorgement and Financial Forfeiture Penalties.
(a) Any covered official, or any family member subject to Section 11, Section 18, or Section 38, who is found by a court of competent jurisdiction to have violated any provision of this Article shall be required to disgorge all financial gains derived from or attributable to such violation.
(b) Disgorgement under subsection (a) is a self-executing remedy that applies upon judicial finding of a violation and does not require additional congressional authorization.
(c) In addition to disgorgement, Congress shall establish financial penalties for violations of this Article at levels sufficient to deter violations, and may authorize penalties up to the full value of all financial gains derived from the violation.
(d) Congress may establish, for covered officials found to have violated this Article, restrictions or prohibitions on future business dealings or contracting relationships with foreign governments and foreign state-owned enterprises. Such restrictions shall be prospective and shall be subject to judicial review for proportionality.
(e) Nothing in this Section shall be construed to abrogate the protections of the Eighth Amendment to the Constitution, or to preclude any court from applying proportionality review to any specific penalty imposed in any specific case.
Section 31. Prohibition on Executive Interference with Federal Criminal Investigations and Prosecutions.
(a) No President, executive officer, or political appointee within the Department of Justice or any other federal law enforcement agency shall order, direct, or attempt to influence the initiation, continuation, non-initiation, or termination of any specific federal criminal investigation or prosecution of a named individual or entity, except through supervisory review conducted for a documented prosecutorial reason under subsection (c).
(b) This Section does not limit the authority of the President or the Attorney General to set general law enforcement priorities, allocate resources among categories of offenses, or establish prosecutorial policy of general application. The distinction between a general enforcement priority and a directive concerning a specific, named individual or entity is a question of fact for the reviewing court under subsection (f).
(c) Federal charging decisions shall be made under published, content-neutral prosecution guidelines by the career attorney or attorneys assigned to the matter. A political appointee may decline to bring, or may direct the dismissal of, a specific charge recommended by a career attorney only upon a written justification, grounded in the published guidelines, that shall be disclosed to the congressional judiciary committees within thirty days and made public within one year unless a court finds, upon application by the Department, that public disclosure would compromise an active investigation or a legitimate national security interest, in which case disclosure shall be deferred, not withheld indefinitely.
(d) A United States Attorney or career Department of Justice attorney may be removed, reassigned to a materially diminished role, or subjected to any other adverse personnel action only for neglect of duty, misconduct, incapacity, or conviction of a felony, established under standards and procedures set by law. An adverse personnel action taken because the individual declined to comply with a directive prohibited by subsection (a) is void, and the individual is entitled to reinstatement, back pay, and reasonable attorney's fees from a court of competent jurisdiction.
(e) A prosecution substantially caused by a violation of subsection (a) shall be dismissed with prejudice upon a showing, by a preponderance of the evidence, that the violation occurred and materially influenced the decision to prosecute. This subsection does not apply where the government demonstrates that it would have brought the same charges in the absence of the violation, based on evidence and reasoning independent of the improper directive.
(f) A claim arising under this Section is justiciable in the United States District Court for the District of Columbia, with direct appeal to the United States Court of Appeals for the District of Columbia Circuit. Standing to bring a claim under subsections (a) through (d) extends to the individual subjected to the adverse action; standing to seek dismissal under subsection (e) extends to the defendant in the affected prosecution. No court shall decline to hear a claim under this Section on the ground that it presents a nonjusticiable political question.
(g) This Section is self-executing. Congress may by law establish additional procedures and remedies consistent with this Section, but may not diminish, condition, or suspend any protection expressly conferred by this Section.
(h) Selection of United States Attorneys; Term. Each United States Attorney shall continue to be nominated by the President and confirmed by a majority vote of the Senate, as otherwise provided by law, and shall serve a term of four years. A term under this subsection shall commence on February 1 of the second calendar year of a Presidential term, and successive terms shall commence every four years thereafter without regard to any change in the office of President occurring within a term. A United States Attorney appointed to fill a vacancy arising other than upon the expiration of a term shall serve only the remainder of that term. A United States Attorney whose term has expired shall continue to serve until a successor is appointed and confirmed. Nothing in this subsection limits removal for cause under subsection (d), and no term established by this subsection is shortened, nor is the office deemed vacant, solely because of a change in the office of President.
Section 32. Consequence of Destruction of Material Evidence by the Executive Branch.
(a) “Material evidence” means evidence favorable to the accused and material to guilt, punishment, or the credibility of a witness, or evidence that could reasonably support a claim of actual innocence, in a federal criminal investigation or prosecution.
(b) A duty to preserve material evidence attaches upon arrest, filing of charges, or the point at which a reasonable law enforcement officer or prosecutor would anticipate that the evidence may become relevant to a prosecution, whichever occurs first. A policy or practice of destroying an original recording, handwritten note, or other underlying source material after a summary report of an interview or interrogation is prepared does not qualify for the exception in this subsection, regardless of how long-standing or generally the policy has been applied, and the duty to preserve under subsection (b) extends to that original recording or note to the same extent as to the summary report prepared from it.
(c) If a federal executive branch officer or agency destroys, conceals, alters, or fails to preserve material evidence after the duty to preserve has attached, any resulting conviction is void.
(d) A conviction voided under subsection (c) may not be retried, and the government may not initiate any new prosecution against the same defendant, for the same offense, any lesser-included offense, or any other charge arising from the same underlying conduct or transaction regardless of how many separate charges, indictments, or cases the government has filed or files arising from that conduct. The bar established by this subsection applies to the same extent as if the evidence at trial had been legally insufficient to convict, and admits of no exception once subsection (c) is satisfied.
(e) This Section applies to any conviction not final as of the ratification of this Section, and may be raised as a ground for collateral relief with respect to any conviction, including one final before ratification, upon discovery of a violation of subsection (c).
(f) This Section is self-executing and judicially enforceable by motion in the trial court or by petition for collateral relief.
Section 33. Mandatory Annual Audit of Covered Officials.
(a) Audit Requirement. For each taxable year during any part of which a covered official holds the office of President, Vice President, the head of any executive department, Justice of the Supreme Court of the United States, Senator, Representative in Congress, or the head of any office, authority, agency, commission, or corporation established by or under this Constitution as an independent or semi-independent instrumentality of the United States, whether established at the time of ratification of this Article or created thereafter, the Internal Revenue Service, or any successor agency, shall conduct a full examination of that covered official's federal income tax return for that taxable year, without regard to whether the return would otherwise have been selected for examination under the agency's ordinary risk-based or random selection criteria.
(b) Timing. An examination required by this subsection shall commence not later than one year after the return to which it relates is filed, and shall be completed with reasonable diligence.
(c) Independence from Political Control. An examination required by this Section shall be conducted according to the same standards, procedures, and legal authorities applicable to the examination of any other taxpayer, and shall be assigned to and conducted by career, non-political personnel of the Internal Revenue Service. No covered official, and no person acting at a covered official's direction, may request, direct, delay, narrow the scope of, or terminate an examination required by this Section, and no such request or direction confers any authority notwithstanding by whom it is made.
(d) Confidentiality Preserved; Certification Required. Nothing in this Section requires disclosure of a covered official's tax return or return information to the public beyond what this subsection specifies. The Secretary of the Treasury shall certify annually to Congress, and publish, for each covered official subject to this Section: the taxable year to which the required examination relates; whether the examination has been completed; and whether the examination resulted in any change to the covered official's reported tax liability. This subsection does not require publication of the return itself, or of any return information beyond what this subsection specifies, unless the covered official consents to broader disclosure.
(e) Enforcement. Any Member of Congress, or any other person Congress designates by law, has standing to bring an action in federal court to compel compliance with this Section. Willful failure by an officer or employee of the Internal Revenue Service to conduct an examination required by this Section, at the direction of or in coordination with the covered official under examination, constitutes a violation of this Article and is grounds for removal from federal employment, notwithstanding any other provision of law.
(f) Effective Date. This Section applies to taxable years beginning on or after the date of ratification of this Article, and to any taxable year beginning before that date for which a covered official's return had not yet been examined as of the date of ratification.
IV. Leaving Office, Post-Government Restrictions, and Succession
Section 34. Revolving Door Restrictions.
(a) No covered official who held a senior federal office, as defined in Section 2, shall, for a period of four years following the termination of that service: (1) Represent, advise, or advocate before the branch, agency, department, or office in which the official served; (2) Accept employment or compensation from any entity that was directly and substantially regulated by, or that had pending matters before, the official's office or agency during the official's tenure; or (3) Disclose, use, or derive financial benefit from any non-public information obtained in the course of official service.
(b) The restrictions of subsection (a)(2) shall not apply where the covered official demonstrates, before an independent reviewing body designated by Congress, that the prospective employment does not create a conflict of interest and that no non-public information obtained in office would advantage the prospective employer.
(c) Congress shall establish enforcement procedures, waiver criteria, and penalties for violations of this Section.
Section 35. Reform of the Presidential Pardon Power.
(a) The President shall not grant a pardon or commutation of sentence to himself or herself for any offense against the laws of the United States.
(b) Every pardon granted by the President shall: (1) Identify by name the specific individual or individuals pardoned; (2) Specify the offense or offenses for which the pardon is granted; and (3) Describe with particularity the conduct that is the subject of the pardon.
(c) The President shall provide written notice to Congress of any pardon at least thirty days before it takes effect, except in cases of imminent threat to life or in circumstances requiring immediate humanitarian action, in which case notice shall be provided simultaneously with the grant of pardon.
(d) Any pardon granted by the President in connection with any criminal investigation or proceeding in which the President is personally named as a subject, target, or person of interest shall be void ab initio.
(e) Any pardon granted by the President in exchange for, or in connection with, the payment or promise of any money, property, or thing of value to the President, to any member of the President's immediate family, or to any entity in which the President or any member of the President's immediate family holds a financial interest, shall be void ab initio and shall constitute bribery under Section 45 of this Article.
(f) No pardon or commutation of sentence shall be granted for any federal criminal offense arising from conduct described in Section 46(b) of this Article, conduct by a federal law enforcement officer, immigration or customs enforcement officer, correctional officer, or other federal employee, agent, or contractor exercising law enforcement, investigative, or custodial authority, for which qualified immunity is eliminated under Section 46. This subsection applies without regard to whether the person seeking the pardon is the officer, employee, or agent whose conduct is at issue or any other person, and without regard to whether a civil action under Section 46(c) has been filed, is pending, or has concluded. A pardon that violates this subsection is void ab initio.
(g) Nothing in this Section shall be construed to limit the President's authority to grant pardons in any case not described in subsections (a), (d), (e), and (f), or to require congressional approval of any pardon.
Section 36. Presidential Criminal Accountability and Automatic Succession Upon Indictment.
(a) Immunity Abolished for Personal Conduct. No immunity, temporary or permanent, official or personal, shall bar the investigation, indictment, or prosecution of the President of the United States for any felony offense under federal law, whether the conduct at issue occurred before or during the President's term of office and whether or not the conduct relates to the President's official duties, except that this subsection does not abrogate any evidentiary or testimonial privilege recognized by the Supreme Court of the United States for official communications between the President and senior advisors.
(b) Independent Prosecutor Required. No indictment of a sitting President shall be sought or obtained except by an Independent Prosecutor appointed pursuant to subsection (c). An indictment sought by the Attorney General, any other officer of the Department of Justice serving at the pleasure of the President, or any executive branch official not appointed under subsection (c), shall have no effect under this Section.
(c) Appointment of Independent Prosecutor. Upon a referral from the Office of Government Integrity established under Section 28, a referral from either house of Congress by resolution, or a referral from any Inspector General established by law, a panel of three United States Circuit Judges, randomly selected by the Judicial Conference of the United States from circuits other than the circuit in which the President maintains legal residence, shall appoint an Independent Prosecutor to investigate the allegations. The Independent Prosecutor shall be a person admitted to practice law for not fewer than fifteen years, shall not have held partisan elected office or served as an officer of a national political party within the preceding ten years, and shall be removable only by the appointing panel, and only for gross misconduct, incapacity, or conflict of interest established after notice and an opportunity to respond.
(d) Indictment and Automatic Succession. If an Independent Prosecutor appointed under subsection (c) obtains an indictment charging the President with a federal felony from a grand jury empaneled in a United States District Court, and a panel of three United States Circuit Judges selected in the manner provided by subsection (c) certifies, after reviewing the indictment, that it is supported by probable cause and was not sought for an improper purpose, the powers and duties of the office of President shall devolve immediately upon the Vice President, who shall thereupon become President for the remainder of the term. The former President shall not be restored to office during that term, regardless of the outcome of the criminal proceeding.
(e) Continued Prosecution. Nothing in this Section shall be construed to abate, delay, or otherwise affect the criminal proceeding against the former President following succession under subsection (d). The former President retains all rights of a criminal defendant, including the presumption of innocence, and this Section shall not be construed as a legislative or constitutional finding of guilt.
(f) Vice President's Own Accountability. The Vice President is a covered official under Section 1 and remains fully subject to Sections 3 through this Section, including this Section, whether serving as Vice President or as President under subsection (d).
(g) State Prosecutions Unaffected. This Section governs only federal felony indictments obtained by an Independent Prosecutor appointed under subsection (c). It does not create, expand, or restrict the authority of any State to investigate or prosecute the President under state law.
Section 37. Emergency-Triggered Succession Safeguard.
(a) Definitions. As used in this Section, “extraordinary authority” means any national emergency declared under the National Emergencies Act or any successor statute; any invocation of the Insurrection Act or any successor statute; any exercise of martial law, however denominated; and any other exercise of emergency, extraordinary, or military authority by the President or at the President's direction. “Scheduled transition” means the election of a President under Article II of this Constitution and the Twelfth Amendment, and the inauguration of the President-elect at noon on January 20th under Section 1 of the Twentieth Amendment.
(b) Trigger. This Section applies whenever the President invokes or maintains extraordinary authority during the final one hundred eighty days of a presidential term, and that extraordinary authority has the effect, in whole or in part, of preventing the scheduled transition from occurring as provided by law, including by preventing an election from being held, preventing the counting or certification of its results, or preventing the inauguration of a successor at the time fixed by the Twentieth Amendment.
(c) Certification and Automatic Succession. (1) Upon petition by the Vice President, the Speaker of the House of Representatives, the President pro tempore of the Senate, or not less than one-fifth of the Members of either House, a panel of three United States Circuit Judges, randomly selected by the Judicial Conference of the United States using the procedure set forth in Section 36(c) of this Article, shall determine within seven days whether the conditions of subsection (b) have been met. (2) If the panel certifies that the conditions of subsection (b) have been met, then at noon on January 20th, notwithstanding any purported extension, suspension, or postponement of the President's term, the powers and duties of the office of President shall devolve upon the Vice President, who shall be sworn in and shall serve as President, not as Acting President, as though duly elected to a new term. (3) If no Vice President is then able and qualified to serve, the powers and duties of the office of President shall devolve upon the Speaker of the House of Representatives, who shall be sworn in and shall serve as President under the same terms as this subsection provides for the Vice President.
(d) Special Election and Speaker Backstop. (1) A person who becomes President under subsection (c) shall, within thirty days, direct that a special national election for President be conducted, to be completed not later than one hundred twenty days after that person was sworn in. (2) If a special election is completed and a winner is certified and sworn in within that one hundred twenty-day period, that person becomes President for a full term commencing upon inauguration. (3) If one hundred twenty days elapse after a person is sworn in under subsection (c) without a special election having been completed and a new President sworn in, the powers and duties of the office of President shall devolve upon the Speaker of the House of Representatives then in office, who shall be sworn in as President and shall, within thirty days, direct that a special national election for President be conducted, to be completed not later than one year after the Speaker was sworn in under this paragraph.
(e) No Effect on Ordinary Succession. This Section governs only succession occurring under the conditions of subsection (b). It does not alter the operation of the Twenty-Fifth Amendment, the Presidential Succession Act, or Section 36 of this Article in any circumstance not described in subsection (b).
(f) Enforcement. A determination of the panel under subsection (c)(1) is final and is not subject to review by any other court, including the Supreme Court of the United States on writ of certiorari, except upon a showing of fraud on the panel. Any purported order, decree, or use of force by a person whose term has ended under this Section, directed at preventing a succession required by this Section, is void and confers no authority, and no person is obligated to obey it.
V. Elections, Campaigns, and Political Influence
Section 38. Campaign Finance Transparency and Prohibition on Foreign Electoral Influence.
(a) No candidate for federal elective office, and no political committee, super political action committee, or other organization making expenditures in support of or opposition to a candidate for federal elective office, shall accept, solicit, or retain any campaign contribution, in-kind contribution, or expenditure that is:
(1) Made by or on behalf of any foreign government, foreign state-owned enterprise, or instrumentality of a foreign government;
(2) Funded, in whole or in part, by any foreign government, foreign state-owned enterprise, or instrumentality of a foreign government; or
(3) Made through any domestic entity, conduit, or intermediary where the ultimate source of funds is a foreign government, foreign state-owned enterprise, or instrumentality of a foreign government.
(b) Any organization making expenditures in excess of the threshold established by Congress in support of or opposition to a candidate for federal elective office shall, within thirty days of making such expenditure, publicly disclose the identity of every person or entity that contributed to the organization in the preceding twelve months in an amount exceeding the threshold established by Congress.
(c) The prohibitions of this Section apply regardless of whether the foreign-source contribution is characterized as a donation, investment, loan, gift, in-kind service, or any other form of transfer of value.
(d) Congress shall establish penalties for violations of this Section, including disgorgement of all foreign-sourced funds received in violation of this Section and civil and criminal penalties for knowing violations.
(e) Nothing in this Section shall be construed to prohibit any lawful political speech, independent expenditure, or campaign activity by a natural person acting in their individual capacity. This subsection does not exempt a for-profit corporation, limited liability company, partnership, or other business entity organized for profit from the prohibitions this Article otherwise establishes on corporate political contributions, independent expenditures, and political advertising.
Section 39. Structural Separation of Media and Commercial Control.
(a) No person shall hold a controlling interest in both a mass-communications enterprise and any other commercial enterprise that is a constituent of the S&P 500 index, the Nasdaq-100 index, or otherwise meets a size standard established by law, where Congress or a tribunal designated by law finds, on a case-by-case basis, that the person's combined holdings meet the criteria of this subsection. Upon such a finding, the person shall have two years from the date of the finding to divest the controlling interest in one of the two enterprises.
(b) No person shall hold a controlling interest in both an enterprise that is a substantial federal contractor or is substantially dependent on federal subsidy, permit, or regulatory approval, and any other commercial enterprise unrelated to the regulated or contracted business, where Congress or a tribunal designated by law finds, on a case-by-case basis, that the combination creates a material conflict between federal contracting, regulatory, or subsidy decisions and the person's financial interest in the unrelated enterprise. Upon such a finding, the person shall have two years from the date of the finding to divest the controlling interest in one of the two enterprises.
(c) “Controlling interest” means ownership or voting power exceeding twenty-five percent of an enterprise's equity or voting securities, the power to elect a majority of its board of directors or equivalent governing body, or the practical power to direct its management or policies, whether held directly or through any other person, trust, or entity. “Person” includes a natural person together with that person's spouse, minor children, and any trust, foundation, or entity substantially controlled by that person. “Mass-communications enterprise” means an enterprise whose primary function is the production or distribution of news, commentary, or information to the general public via broadcast, print, or an online platform with a monthly domestic audience exceeding a number set by law.
(d) This Section does not apply to ownership held by a bona fide, diversified investment vehicle, a mutual fund, index fund, or pension fund, in the ordinary course of portfolio management, where such vehicle does not exercise or attempt to exercise operational control over either enterprise.
Section 40. Elimination of Corporate and Artificial Intelligence Political Influence.
(a) No entity shall make, and no candidate, political committee, or political party shall accept or solicit, a contribution to a candidate, political committee, or political party; an independent expenditure or electioneering communication in support of or opposition to a candidate, political committee, or political party; paid political advertising; or lobbying activity directed at influencing legislation, regulation, or an election. This Section supersedes Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), and First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978), to the extent those decisions recognized a constitutional right to engage in such conduct.
(b) "Entity" means any corporation, limited liability company, partnership, labor organization, political committee, unincorporated association, trust, or other organization of any kind, whether organized for profit or not for profit, and does not include a natural person acting in an individual capacity.
(c) A citizen's aggregate political spending in any two-year election cycle, including contributions to candidates, political committees, and political parties, independent expenditures, electioneering communications, and any other expenditure made in support of or opposition to a candidate, political committee, or political party, whether or not coordinated with the recipient, shall not exceed twenty-five thousand dollars, or such lesser amount as Congress may by law establish. Congress shall adjust this amount for inflation no less often than once every four years. This subsection supersedes Buckley v. Valeo, 424 U.S. 1 (1976), to the extent that decision recognized an unlimited constitutional right of a natural person to make independent political expenditures.
(d) This Section does not restrict:
(1) an entity's advertising or communication concerning its own products, services, or business operations;
(2) an entity's internal communications with its own shareholders, members, or employees;
(3) a bona fide news-media organization's reporting, editorial commentary, or candidate endorsement published in the ordinary course of its journalistic function; or
(4) a labor organization's paid political advertising or independent expenditure that is not coordinated with any candidate, political committee, or political party, provided the advertising or expenditure is funded exclusively from the labor organization's own treasury or the voluntary contributions of its members, and not, directly or indirectly, from any contribution by an entity other than a labor organization.
(e) The prohibitions of subsection (a) apply equally to an artificial intelligence system acting on behalf of, or deployed by, an entity. No political communication described in subsection (a) may be authored, generated, or materially composed by an artificial intelligence system; a natural person exercising the aggregate spending allowance in subsection (c) shall be the substantive author of the political message conveyed, and may use an artificial intelligence system only as a tool for formatting, translation, design, or production of a message that person substantively composed. An artificial intelligence system shall not generate, select, or disseminate more than ten distinct political communications described in subsection (a) within any thirty-day period without a natural person individually reviewing, and personally certifying in writing, that each such communication is truthful and was not generated for the purpose of evading this subsection; a natural person who so certifies falsely is subject to the penalties of subsection (g).
(f) Congress and the states retain authority to set a lower aggregate limit than the amount established in subsection (c), and to further regulate the timing, disclosure, and manner of natural-person political contributions and expenditures not otherwise addressed by this Section.
(g) Congress shall establish penalties for violations of this Section, including disgorgement of all funds or the fair market value of all things of value received in violation of this Section, and civil and criminal penalties for a knowing violation by an entity, its officers, or any candidate, committee, or party that accepts a prohibited contribution or expenditure.
Section 41. State Administration of Elections; Prohibition on Executive Branch Interference.
(a) The times, places, and manner of holding elections for federal office shall be administered exclusively by the States and by local election officials acting under state law, consistent with the Elections Clause of Article I, Section 5, and the Fourteenth, Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments to this Constitution.
(b) No officer or employee of the executive branch of the Government of the United States shall direct, supervise, interfere with, or attempt to influence the administration, counting, canvassing, or certification of any election for federal office, except as expressly authorized by Act of Congress enacted pursuant to the Elections Clause or as ordered by a court of competent jurisdiction.
(c) No agency of the executive branch of the Government of the United States shall request, receive, retain, or share personally identifiable voter registration information, voter roll data, or ballot data from any State or political subdivision thereof, except:
(1) as necessary for the Election Assistance Commission, or its successor, to administer federal programs expressly authorized by Act of Congress;
(2) pursuant to a valid subpoena, warrant, or court order issued in connection with a specific, identified criminal investigation; or
(3) as voluntarily and affirmatively provided by a State for a purpose the State itself designates.
(d) Nothing in this Section shall be construed to limit the enforcement authority of the Department of Justice under the Voting Rights Act of 1965, the National Voter Registration Act of 1993, or any successor statute protecting the right to vote, or to limit Congress's power under Section 10 of the Fourteenth Amendment, Section 2 of the Fifteenth Amendment, or the Elections Clause.
(e) Any officer or employee of the executive branch who violates this Section shall be subject to removal from office and to the penalties established under Section 30, in addition to any other penalty provided by law.
Section 42. Foreign Agent Registration and Lobbying Transparency.
(a) Any person who acts as an agent, representative, consultant, or lobbyist on behalf of a foreign government, foreign political party, or foreign state-owned enterprise in connection with any matter before the Government of the United States shall register with the Office of Government Integrity within thirty days of agreeing to act in such capacity and shall disclose: (1) The identity of the foreign principal on whose behalf the person is acting; (2) The nature of the activities to be performed and the matters before the government to be addressed; (3) The compensation received or to be received for such activities; and (4) All contacts with covered officials made in connection with such activities, reported on a quarterly basis.
(b) No person required to register under subsection (a) shall make any contribution described in Section 38 in connection with any federal election.
(c) Failure to register as required by subsection (a) shall constitute a violation of this Article subject to disgorgement of all compensation received and to such additional penalties as Congress shall establish.
(d) The Office of Government Integrity shall maintain a publicly accessible database of all registrations filed under this Section and shall refer non-compliant persons to the Department of Justice for prosecution.
(e) Congress shall enact legislation implementing this Section, establishing registration procedures, disclosure formats, penalties for non-compliance, and enforcement mechanisms, and may extend the requirements of this Section to additional categories of foreign principals.
Section 43. Right to Vote; Voter Identification; Citizenship Verification.
(a) Every citizen of the United States who has attained the age of eighteen years has the right to vote in every public election held by the United States, a State, or any political subdivision of a State. This right shall not be denied, abridged, or suspended by the United States, by any State, or by any political subdivision of a State on the basis of a criminal conviction or the fact that the citizen is currently incarcerated, on parole, or on probation.
(b) A State may require an individual to present valid, state-issued identification as a condition of casting a ballot in person at a polling place, or of requesting or returning a mail-in or absentee ballot. Congress and the States shall ensure that identification satisfying this subsection is available to every eligible citizen free of charge, through a process that does not impose a substantial burden on the right established by this Section. For purposes of requesting or returning a mail-in or absentee ballot, the identification requirement of this subsection is satisfied by the individual's state identification number or the last four digits of the individual's Social Security number, entered on the request form or return envelope, or by a signature that the State verifies against the individual's signature on file with its voter registration records. A State may not require an individual to mail, transmit, or enclose a physical copy or photograph of an identification document as a condition of requesting or returning a mail-in or absentee ballot.
(c) A State shall not remove or decline to register an individual on the rolls of eligible voters, and shall not refuse to count that individual's ballot, on the ground that the individual is not a citizen of the United States, unless the State first establishes that fact by clear and convincing evidence, in a proceeding that affords the individual notice and a meaningful opportunity to respond before removal or denial takes effect. The burden of proving that an individual is not a citizen rests at all times on the State. An individual's sworn attestation of citizenship, made under penalty of perjury as part of voter registration, is sufficient to establish citizenship absent such proof.
(d) Congress may by law provide for the implementation and enforcement of this Section, including the process by which identification required under subsection (b) is made available without cost, but may not diminish, condition, or delay the right established by this Section. This Section is self-executing.
Section 44. Enforcement Against Voter Suppression; Guaranteed Access.
(a) Prohibition. No person, and no officer or employee of the United States, a State, or any political subdivision of a State, acting under color of law or otherwise, shall intentionally deny, obstruct, hinder, delay, or interfere with a citizen's exercise of the right to vote established by Section 43, including by means of threat, intimidation, coercion, deceptive practice, or the willful failure to perform a duty required by this Article.
(b) Criminal and Civil Penalties. A violation of subsection (a) is punishable by a term of imprisonment of not less than six months, and by a civil fine of not less than $10,000, for each occurrence and each voter denied, obstructed, or intimidated constituting a separate occurrence. Congress may increase, but may not decrease, either minimum penalty established by this subsection. The aggregate criminal and civil liability of a single person under this subsection, arising from occurrences connected with a single election, shall not exceed three years of imprisonment and $500,000 in fines; Congress may increase, but may not decrease, this aggregate limit.
(c) Guaranteed Access; Prohibition on Excessive Delay. No eligible voter who presents at a polling place during its scheduled hours of operation shall be made to wait more than sixty minutes, measured from the time of arrival at the polling place to the time the voter is permitted to cast a ballot. A voter in line at a polling place at the scheduled closing time, or waiting in violation of the sixty-minute standard established by this subsection, shall be permitted to remain and to cast a ballot.
(d) State Responsibility. Each State and political subdivision responsible for administering elections shall allocate polling places, voting equipment, and personnel sufficient to satisfy subsection (c) in proportion to the number of registered voters assigned to each polling place. A pattern or practice of understaffing or underequipping polling places serving a particular population, without a good-faith and timely remedy, constitutes a violation of subsection (a).
(e) Limited Exception. Subsection (c) does not apply to a delay directly and demonstrably caused by a natural disaster, a bona fide security emergency, or an equipment failure that could not have been prevented by reasonable precaution, provided that the responsible State or political subdivision has taken all reasonable and good-faith measures to minimize the delay and to remedy it, including by extending voting hours at the affected location for a period equal to the delay.
(f) Officer Liability. A duly elected or appointed official responsible for the administration of elections in a jurisdiction who knowingly and willfully fails to comply with subsection (d), resulting in a violation of subsection (c), is personally subject to the penalties established by subsection (b), in addition to any penalty imposed on the jurisdiction itself.
(g) Enforcement. Any qualified voter denied the rights established by this Section has standing to bring a civil action in federal court for injunctive relief, damages of not less than $50,000, and reasonable attorney's fees. Congress may by law provide additional enforcement mechanisms consistent with this Section but may not diminish the rights, penalties, or damages established herein. This Section is self-executing.
(h) Postal Delivery of Election Mail. The United States Postal Service shall not delay, deprioritize, or interfere with the delivery of a ballot, a ballot request, or other official election mail, whether addressed to an eligible voter or returned by an eligible voter to an election official. Election mail shall be processed and delivered with a priority no lower than first-class mail. The Postal Service shall not reduce the collection, sorting, transportation, or delivery capacity serving any jurisdiction during the forty-five days preceding a federal election in a manner that creates a foreseeable risk of delaying election mail beyond its ordinary delivery time, without first providing public notice and a justification unrelated to the content, timing, or outcome of the election. A pattern or practice of delay in the delivery of election mail, without an operational justification unrelated to the election and without a good-faith and timely remedy, constitutes a violation of subsection (a), regardless of whether intent to affect a particular voter's ballot is shown. A ballot delayed in violation of this subsection, and received after an applicable deadline solely because of that delay, shall be counted as timely if postmarked, or otherwise verified to have entered the postal system, on or before the deadline.
(i) Postal Official Liability. An officer or employee of the United States Postal Service who knowingly and willfully causes, or fails to remedy after notice, a violation of subsection (h) is personally subject to the penalties established by subsection (b), in addition to any liability of the Postal Service itself.
VI. Law Enforcement Conduct and Interactions with the Public
Section 45. Abolition of Immunity for Corrupt Official Conduct.
(a) No covered official shall be immune from criminal prosecution or civil liability for any of the following categories of conduct: (1) Bribery of public officials under 18 U.S.C. § 201 or any successor statute; (2) Extortion under color of official right under 18 U.S.C. § 1951 or any successor statute; (3) Honest-services fraud under 18 U.S.C. § 1346 or any successor statute; (4) Obstruction of justice under 18 U.S.C. § 1503 or any successor statute; (5) Election fraud under 52 U.S.C. § 20511 or any successor statute; or (6) Felony violations of implementing legislation enacted pursuant to this Article.
(b) For conduct falling within the categories enumerated in subsection (a), no doctrine of sovereign immunity, official immunity, qualified immunity, or executive immunity shall bar prosecution, civil suit, or enforcement of any remedy authorized by this Article or by law.
(c) Nothing in this Section shall be construed to create criminal liability for conduct not otherwise prohibited by law, or to abrogate the Speech and Debate Clause protections of Article I, Section 7.
(d) All other immunity doctrines, including qualified immunity for non-corrupt official conduct, remain in full force and effect except as expressly modified by this Article.
(e) Nothing in this Section, or in Section 46, intrudes upon the adjudicatory independence, tenure, or removal protections of judicial officers under Article III or any other provision of this Constitution; this Article changes the substantive defenses available to a covered official in a criminal or civil proceeding and does not alter the tenure or removal standards applicable to a sitting judge.
Section 46. Elimination of Qualified Immunity for Federal Employee Illegal Acts; Local Government Investigative Access.
(a) Elimination of Qualified Immunity. Notwithstanding Section 45(d), no covered official, and no federal employee, agent, or contractor acting under color of federal authority, shall be entitled to the defense of qualified immunity, or any substantially equivalent judicially created immunity doctrine, in any civil action alleging a violation of a right secured by the Constitution or laws of the United States. It shall not be a defense to such an action that the right violated was not “clearly established” by prior judicial decision at the time of the violation; it is sufficient that the conduct violated a constitutional or statutory right.
(b) Scope. This Section applies without limitation to federal law enforcement officers, immigration and customs enforcement officers, prosecutors with respect to non-prosecutorial investigative and administrative conduct, correctional officers, and all other federal employees, agents, and contractors exercising law enforcement, investigative, or custodial authority. Nothing in this subsection alters the scope of prosecutorial immunity for the initiation and pursuit of a prosecution itself, which remains governed by law existing as of the date of ratification of this Article, except that no immunity shall bar prosecution or civil liability for a prosecutor’s knowing use of false evidence, pursue a case where evidence destroyed by the government could have proven innocence, knowing suppression of exculpatory evidence, or knowing pursuit of charges the prosecutor knows to be unsupported by probable cause.
(c) Right to a Remedy. Any person whose rights are violated by conduct described in subsection (a) shall have a private right of action for damages and equitable relief in federal court, without regard to the amount in controversy.
(d) Local Government Investigative Access. When a resident of a State, county, municipality, or other unit of local government is killed, injured, or otherwise harmed by a covered official or federal employee acting within that jurisdiction, or when there is reasonable cause to believe that federal personnel acting within that jurisdiction may have violated the laws of that State or locality, the government of that jurisdiction shall have the right to:
(1) obtain, upon request, all body-worn camera footage, incident reports, personnel records relevant to the conduct at issue, use-of-force reports, and other records in the possession of the responsible federal department or agency pertaining to the incident;
(2) interview the federal employees involved, subject to those employees’ constitutional rights; and
(3) independently investigate, and, where appropriate under its own law, prosecute the conduct, notwithstanding any claim of federal preemption or supremacy that would otherwise bar prosecution for violations of applicable State or local criminal law.
This paragraph preserves concurrent State or local jurisdiction where State or local law independently applies to the conduct at issue; it does not authorize prosecution for conduct within the exclusive jurisdiction of the United States for which no State or local law provides an independent basis of liability, and it does not authorize prosecution of conduct that federal law affirmatively protects or requires.
(e) Timeliness. Records requested under subsection (d) shall be produced within thirty days of the request, except that any specific item may be withheld beyond that period only upon a sworn showing to a federal district court that disclosure would compromise an active, good-faith criminal investigation unrelated to the incident at issue, and only for so long as that specific justification continues to apply.
(f) Enforcement. A local government denied access to records or cooperation required under subsection (d) may seek immediate injunctive relief in federal district court, and the court shall resolve such an action on an expedited basis.
(g) Rule of Construction. This Section supersedes Section 45(d) to the extent Section 45(d) would otherwise preserve qualified immunity for conduct addressed by this Section. Nothing in this Section shall be construed to limit any remedy otherwise available under Section 45 or any other provision of this Article.
(h) Pardon Limitation. No pardon or commutation of sentence shall bar, limit, or otherwise affect any civil remedy available under this Section. No pardon is available for the federal criminal offenses described in Section 35(f) of this Article.
(i) No Substitute Doctrine. A court may not create, recognize, or apply any defense, immunity, heightened pleading standard, or causation requirement that has the practical effect of reproducing the “clearly established law” defense eliminated by subsection (a) under a different name. This subsection does not limit the application of generally applicable rules of pleading, evidence, and causation that apply equally outside the context of this Section.
Section 47. Limits on Investigatory Stops.
(a) A law enforcement officer shall not stop, detain, or seize a motor vehicle, or a person traveling on foot, by bicycle, or by other non-motorized means, absent reasonable, articulable suspicion that the person, or the vehicle's operator, has committed, is committing, or is about to commit a felony under the law of the relevant jurisdiction, meaning an offense punishable by more than one year of imprisonment. A suspected violation that is not a felony, however observed, shall not by itself constitute grounds for a stop under this Section.
(b) A non-felony equipment, registration, administrative, or similar violation shall be enforced exclusively through a citation issued by mail or by other non-custodial means, based on documented evidence, including an officer's contemporaneously recorded observation or an automated recording device, and not through a stop of the vehicle or person. An automated recording device, camera, sensor, artificial intelligence system, or other electronic or automated process may be used only to detect, record, or verify evidence of a violation only in the presence of a law enforcement officer at the physical location of any violation and shall not itself issue, generate, select, or transmit a citation. Every citation under this Section shall be personally initiated and authorized by a human law enforcement officer who has individually reviewed the evidence and determined that it establishes the violation; the officer's name and badge or identification number shall appear on the citation. A citation issued without such individualized human observation at the location of the violation, and review, and authorization, is void, and any evidence purportedly supporting the violation is inadmissible against the person to whom it was issued. A non-felony moving violation, including speeding, is enforced under this subsection in the same manner as an equipment, registration, or administrative violation. A citation issued under this subsection is a civil infraction, not a criminal offense. Where the identity of the vehicle's operator is not established by the officer's own contemporaneous observation, the citation shall be issued against the registered owner of the vehicle, who may, within the time prescribed by law, submit a sworn statement identifying the actual operator at the time of the violation; the citation shall then be reissued against that operator, and the registered owner shall bear no further liability for it. Nothing in this Section prevents a legal stop for reckless driving, untagged or expired tags on a motor vehicle.
(c) Seizure and Forfeiture of Property.
(1) An asset is either evidence of a crime, subject to the procedures of this subsection, or it is not evidence of a crime, in which case it shall be returned to its rightful owner; no asset may be seized, retained, or withheld by any government on any other basis. No cash, vehicle, real property, or other asset belonging to a person shall be seized, retained, or forfeited by any government absent a court order issued upon a showing of probable cause, except that an asset may be seized without a prior court order where it is evidence of a crime discovered in the course of a lawful arrest, search, or stop.
(2) An asset seized as evidence of a crime under paragraph (1) may be retained only for so long as reasonably necessary to the investigation or prosecution of that crime. No asset seized under this subsection shall be permanently forfeited unless the person from whom it was seized has been convicted of the offense to which the asset is connected, and the government establishes that connection beyond a reasonable doubt at trial.
(3) A civil forfeiture proceeding not predicated on a criminal conviction under paragraph (2) is prohibited.
(4) A person from whom an asset is seized under this subsection shall be notified in writing, within ten days of the specific offense the asset is alleged to be connected to and the process for contesting the seizure.
(5) If a criminal charge is not filed within ninety days of a seizure, or if the person is acquitted or the charge is dismissed or not pursued, the asset shall be returned to its owner within ten days, together with interest accrued and reasonable costs of recovery, including attorney's fees.
(6) No agency of a state or local government shall transfer, refer, or relinquish custody of a seized asset to a federal agency, and no federal agency shall accept custody of, adopt, or process for federal forfeiture an asset seized by a state or local agency, for the purpose of evading the limitations of this subsection or of applicable state law. An asset seized within the United States by a state or local law enforcement agency is subject exclusively to the requirements of this subsection, regardless of the law of the jurisdiction under which forfeiture is subsequently sought, and regardless of any federal equitable-sharing, adoption, or joint-task-force arrangement.
(7) This subsection does not restrict the seizure of contraband whose possession is independently unlawful.
(d) At the outset of a stop under this Section, the officer shall identify themselves as a law enforcement officer and state the specific offense the officer suspects, so that the person stopped is informed of the reason for the stop.
(e) A person stopped under this Section has the right to decline to answer any question beyond identifying information required by law, and the exercise of that right shall not itself constitute grounds for extending the stop, for further detention, for arrest, or for any adverse inference in a subsequent proceeding.
(f) A stop lawfully initiated under this Section shall not be extended in duration, and the person or vehicle's occupants shall not be questioned or searched concerning a matter unrelated to the basis for the stop, absent independent reasonable suspicion or probable cause specific to that matter.
(g) Evidence obtained in violation of this Section is inadmissible against the person from whom it was obtained in a criminal proceeding.
(h) This Section applies to law enforcement officers of the United States and of every state, territory, and political subdivision.
Section 48. Officer and Vehicle Identification.
(a) A law enforcement officer of the United States or of any state, territory, or political subdivision, while conducting a stop, arrest, search, seizure, use of force, or other public-facing enforcement encounter with a member of the public, shall wear a uniform, badge, or insignia clearly identifying the officer's employing department or agency, visible from both the front and the back of the officer's person, together with the officer's name or a unique identifying number, and shall not wear a mask, hood, or other covering that conceals the officer's face or obscures that identification. The officer shall also wear a forward-facing body camera equipped with a recording device, which shall be activated and continuously recording from the outset of the encounter through its conclusion, except that an officer may deactivate the camera during a private consultation with the officer's own counsel or a privileged communication unrelated to the encounter.
(b) Subsection (a) does not apply to:
(1) a genuine undercover investigative operation conducted under a written departmental policy identifying the operation and its participants in advance, provided this exception does not extend to a direct enforcement encounter with a member of the public who is not a target of that operation;
(2) a tactical operation in which facial concealment is necessary for the safety of an officer, a hostage, or a bystander, provided the officer's identity is independently verifiable by the employing department after the fact; or
(3) legitimate health or safety equipment, including a respirator or medical mask, that is not primarily worn to conceal identity.
(c) A vehicle used by a law enforcement officer or agency in the performance of law enforcement duties shall bear a unique alphanumeric identifier and the name of the employing department or agency, visible and legible from a reasonable distance, and have a forward and rear facing camera and recording device that is always recording, except a vehicle assigned to a bona fide undercover investigative operation under the policy standard described in subsection (b)(1).
(d) A department or agency shall maintain a record sufficient to identify the officer or officers involved in any enforcement encounter, and shall maintain all video and audio recordings made under subsections (a) and (c), and shall make that record and those recordings available to the individual encountered, or to that individual's legal representative, upon request, subject to redaction of information identifying an uninvolved third person. The department or agency shall retain a recording made under subsections (a) and (c) for the later of six months from the date of the recording, or until any resulting case, including all appeals, is fully adjudicated. A department or agency that fails to preserve a recording required to be maintained under this subsection shall be subject to a rebuttable presumption, in any proceeding arising from the encounter, that the missing recording would have been unfavorable to the department or agency.
(e) Evidence obtained during an encounter conducted in violation of subsection (a) is subject to the same exclusion from a criminal proceeding as evidence obtained through an unlawful search, unless the government establishes that the violation did not affect the reliability of the evidence obtained.
(f) Nothing in this Section prevents a state or political subdivision from imposing identification requirements more protective than this Section's floor.
Section 49. Access to Case File, Legal Resources, and Legal Assistance for Persons in Custody.
(a) A person held in custody by the government of the United States or of any state, territory, or political subdivision, whether held pretrial, post-conviction, or otherwise, shall be granted complete access to their own case file and to all information in the government's possession relevant to the basis for their custody or to any pending or potential legal claim, criminal or civil, by or against that person. The identity of a confidential informant may be withheld from that access unless and until the informant has testified at trial in a proceeding related to that person's custody, at which point the identity shall no longer be withheld under this subsection. A dispute over whether this exception applies to particular information is subject to review by a court upon that person's request.
(b) A person in custody shall be afforded access to a computer for not less than four hours per day, and such access shall include word-processing software suitable for preparing legal documents.
(c) A person in custody shall be afforded access to an electronically searchable database containing the Constitution and statutes of the United States and of the relevant state, applicable regulations, and judicial decisions, maintained on a reasonably current basis.
(d) A person in custody shall be afforded access to an artificial intelligence system for legal research and the preparation of legal documents, meeting an accuracy and reliability standard established by law; no person shall be sanctioned, and no filing shall be stricken, solely because it was prepared with the assistance of such a system, provided the filing otherwise complies with applicable rules of procedure.
(e) A person in custody shall be afforded access to a printer sufficient to reproduce documents prepared under this Section.
(f) The rights established by this Section apply regardless of whether the person in custody is represented by counsel, and are in addition to, not in substitution for, any right to legal assistance otherwise provided by law.
(g) Congress and the states may establish reasonable rules governing the scheduling, security, and supervision of access provided under this Section, provided such rules do not have the purpose or effect of denying the minimum access this Section guarantees.
(h) Access to a computer and its word-processing software, an artificial intelligence system under subsection (d), and a printer under subsection (e) shall be provided to a person in custody free of charge.
(i) A case file, legal document, or other material provided to a person in custody under this Section shall be secured and accessible only to that person, that person's counsel, and any other individual to whom that person has consented to grant access. A custodial officer or other employee of the custodial institution may inspect the file or material for physical contraband, using a method, including a visual scan for concealed objects, an electronic scanner, or an equivalent technology, that does not require substantively reading its content, and any such inspection shall be conducted in the presence of the person in custody unless that person consents otherwise. A custodial officer or employee shall not read, photograph, copy, transcribe, or otherwise review the substantive content of a file or material protected by this subsection. Information obtained in violation of this subsection is privileged, is inadmissible in any proceeding against the person in custody, and its use or disclosure is subject to the same remedies established by law for the violation of attorney-client privilege.
Section 50. Employer Sanctions for Unauthorized Employment.
(a) Prohibition. No employer shall knowingly hire, recruit, or continue to employ an individual who is not authorized under federal law to work in the United States.
(b) Civil Penalty. Congress shall establish, by law, a civil fine for each violation of subsection (a), which fine shall not be less than $5,000 per unauthorized individual employed. Congress may set the fine higher than this minimum.
(c) Criminal Penalty for Repeat Violations. An employer found to have committed three or more violations of subsection (a), whether established in a single proceeding or across separate proceedings, shall be subject to a term of imprisonment of not less than six months for each such violation, in addition to the civil penalty established under subsection (b). Congress may establish a more severe term of imprisonment.
(d) Implementation. Congress shall establish by law the procedures for determining a violation of this Section, including the standard for actual or constructive knowledge that an individual is not authorized to work in the United States, and may establish a nationwide system for employers to verify an individual's work authorization before hire.
Section 51. Conducted Energy Weapons and Similar Devices.
(a) Definitions. As used in this Section, "conducted energy weapon" means a taser, stun glove, stun gun, or other handheld, wearable, or projectile-based device designed to incapacitate a person through the direct application of electrical current to the body.
(b) Permitted Use. A law enforcement officer of the United States, or of any State, territory, or political subdivision, may deploy a conducted energy weapon against a person only where the officer has a reasonable, articulable basis to believe, at that moment, both that the person is in possession of a weapon capable of inflicting death or serious bodily injury, and that the person presents a present and active threat of using that weapon against the officer or another person. The mere fact that a person is lawfully or visibly carrying a weapon, without more, does not by itself satisfy this subsection.
(c) Absolute Prohibition. Notwithstanding subsection (b), deployment of a conducted energy weapon against a person is prohibited without exception, regardless of whether the person is believed to be in possession of a weapon, once that person is:
(1) restrained, handcuffed, or otherwise physically secured;
(2) lying or fallen on the ground; or
(3) not engaged in active physical resistance toward an officer or another person. A person described in this subsection presents no threat this Section permits a conducted energy weapon to answer.
(d) Loss of Immunity. An officer who deploys a conducted energy weapon in violation of this Section forfeits, as to that act, qualified immunity, absolute immunity, and every other immunity from personal civil liability the officer would otherwise possess under federal or state law, in full. This forfeiture is total, applies without regard to whether the officer's conduct is later found reasonable under any other legal standard, and extends to the employing department or agency's own immunity from suit for the same act.
(e) Enforcement. A person injured by a violation of this Section has a private right of action in federal court against the officer individually, and against the employing department or agency, for compensatory and punitive damages, without regard to any cap on damages otherwise applicable to a claim against a government employee or entity. Congress may by law provide additional enforcement mechanisms and criminal penalties for a violation of this Section but may not diminish the rights, forfeitures, or damages established herein. This Section is self-executing.
(f) Construction. This Section governs the use of a conducted energy weapon specifically. It does not limit the application of Section 45 or Section 46 of this Article to the same conduct, and does not narrow any other immunity forfeiture, right, or remedy this Article otherwise provides.
VII. Broader Structural, Fiscal, and Rights Provisions
Section 52. Abolition of Capital Punishment.
(a) No person shall be sentenced to death, and no execution shall be carried out, by the United States or by any State, for any offense.
(b) Every sentence of death imposed prior to the ratification of this Section, whether by the United States or by any State, is hereby commuted to life imprisonment without the possibility of parole. A commutation under this subsection is self-executing and requires no further judicial proceeding to take effect; however, any resentencing proceeding conducted to implement this subsection shall afford the individual the same right to counsel and notice generally applicable to sentencing proceedings under the law of the jurisdiction, and in no case may the resulting sentence exceed life imprisonment without the possibility of parole.
(c) This Section does not limit any other lawful penalty, including life imprisonment, for the most serious offenses.
Section 53. Decriminalization of Simple Possession and Redirection to Treatment.
(a) No person shall be subject to federal criminal prosecution solely for the possession of a controlled substance for personal use.
(b) This Section does not limit prosecution for the manufacture, distribution, or trafficking of a controlled substance, or for possession with intent to distribute.
(c) Substance use disorder treatment is medically necessary healthcare in its own right, and Congress shall ensure that resources previously dedicated to the prosecution of simple possession are made available to expand access to that treatment.
(d) Nothing in this Section requires a State to decriminalize simple possession under its own law, limits a State’s own criminal jurisdiction over simple possession, or creates any federal right to be free from prosecution under State law for conduct addressed by this Section.
Section 54. Exclusive Congressional Authority Over Tariffs.
(a) The power to impose, modify, suspend, or remove any tariff, duty, or import restriction on goods entering the United States belongs exclusively to Congress.
(b) No statute may be construed to delegate the power described in subsection (a) to the President or to any officer of the Executive Branch, except that Congress may by law authorize the Executive Branch to implement a specific tariff schedule that Congress itself has enacted, within limits and for a duration set by that law.
(c) Any tariff, duty, or import restriction imposed, modified, or maintained by the Executive Branch without express statutory authorization satisfying subsection (b) is void.
Section 55. Faithful Execution and Congressional Supremacy Over Lawmaking.
(a) The Executive Branch shall faithfully execute the laws enacted by Congress and shall not decline to enforce, materially modify the practical effect of, or administratively override a validly enacted law on the basis of the President's own policy disagreement with that law.
(b) Every executive department, agency, office, and position established by Congress shall be administered in the manner, and for the functions, Congress has by law provided. No officer of the Executive Branch may exercise, withhold, or redirect the functions of an office established by Congress in a manner inconsistent with the statute establishing it.
(c) The Executive Branch shall not claim or exercise a power reserved to Congress by the Constitution, including the powers enumerated in Article I, Section 9, on the basis of a general grant of executive power, an emergency declaration, or an inference from Article II, absent clear and specific statutory authorization from Congress consistent with this Article. A statute purporting to grant the Executive Branch emergency or extraordinary authority must itself be consistent with this Article and may not delegate to the Executive Branch a general or open-ended lawmaking power; a delegation so broad that it fails to provide an intelligible principle confining the Executive's discretion is void to that extent.
(d) This Section does not limit the President's authority to direct the Executive Branch in the exercise of discretion Congress has expressly delegated to the President, or the President's authority to veto, recommend, or negotiate legislation as provided elsewhere in the Constitution.
(e) Defined. For purposes of subsection (a), a policy, enforcement practice, or implementation decision materially modifies the practical effect of a law when its predictable consequence is to nullify or substantially defeat the core purposes of that law as articulated in the statute itself, as distinguished from the ordinary exercise of enforcement discretion, resource allocation, or interpretive judgment consistent with those purposes.
Section 56. Intellectual Property and Innovation Reform.
(a) Purpose. Article I, Section 9, Clause 8 of this Constitution authorizes Congress to secure to authors and inventors the exclusive right to their writings and discoveries for limited times, for the purpose of promoting the progress of science and the useful arts. A patent or copyright granted under that authority is a government-granted monopoly, and an Article whose purpose is to hold public power accountable for favoritism, self-dealing, and rent-seeking has no principled basis for exempting the grant of monopoly power itself. This Section requires that patent and copyright protection be no broader or longer than reasonably necessary to serve that constitutional purpose.
(b) Copyright Term. A work first published or registered after the effective date of this Section shall receive an initial term of copyright protection of ten years from the date of first publication, renewable once, upon the copyright holder's affirmative filing, for a single additional term of five years, for a maximum protected term of fifteen years. A work not renewed before the expiration of its initial term shall enter the public domain. A work first published or registered before the effective date of this Section shall receive a term of protection ending on the later of (i) fifteen years after the effective date of this Section, or (ii) the term that work would otherwise have received under the law in effect immediately before the effective date of this Section, whichever is shorter, so that no previously published work remains protected for more than fifteen years after ratification. Nothing in this subsection alters the term of a trademark.
(c) Patent Term. A patent issued after the effective date of this Section shall be granted for a single, fixed term of seven years from the date of filing, regardless of the type of patent, and shall not be subject to extension, adjustment, renewal, or restoration of any kind, whether on account of delay in prosecution, delay in regulatory review or approval, or any other basis. A patent issued before the effective date of this Section shall remain in force for the shorter of its original statutory term or ten years after the effective date of this Section.
(d) Patent Litigation Abuse. A prevailing defendant in a patent infringement action brought by a non-practicing entity, an entity that does not make, use, or sell a product practicing the patent and that derives its revenue predominantly from licensing or litigation rather than from making or selling such a product, shall recover reasonable attorney's fees and costs from the plaintiff, unless the court finds the claim was objectively reasonable and brought in good faith. Congress shall maintain an administrative process, accessible to any person regardless of whether that person has been sued or threatened with suit, by which the validity of an issued patent may be challenged without the cost of full civil litigation.
(e) Pharmaceutical Patent Evergreening. A patent that does not claim a new active ingredient, a new method of use supported by new clinical data, or a substantial and clinically meaningful therapeutic improvement over a previously patented product shall not be listed in any regulatory registry maintained for the purpose of triggering an automatic stay of regulatory approval for a competing generic or biosimilar product, and shall not be asserted in litigation against a generic or biosimilar applicant for that purpose. Congress shall establish a reasonable limit on the number of patents a single manufacturer may assert in litigation against a single generic or biosimilar applicant arising from a single product.
(f) Publicly Funded Research. Where an invention was developed using federal funding, the federal agency that provided the funding shall exercise its existing statutory march-in authority to grant additional licenses on reasonable terms whenever the invention is not made available to the public on reasonable terms, and “reasonable terms” for purposes of this subsection expressly includes the price at which the resulting product is offered to the public. Congress shall establish a process by which a citizen may petition the relevant federal agency to exercise this authority and shall require the agency to respond on the merits, in writing, within a period established by law.
(g) Fair Use and Research. The right to make fair use of a copyrighted work for purposes of criticism, comment, news reporting, teaching, scholarship, research, parody, or interoperability shall not be waived, limited, or overridden by contract, license term, or technological restriction. Nothing in this subsection limits a copyright holder's remedy for a use that exceeds fair use.
(h) Implementation. Congress shall enact legislation implementing this Section within two years of ratification. Such legislation may establish definitions, procedures, and technical standards not inconsistent with subsections (b) through (g), and is entitled to a presumption of validity so long as it does not narrow the principles those subsections establish.
Section 57. Legislative Passage Supermajority Requirement.
(a) No bill, joint resolution, or other measure having the force of law shall be enacted by the Congress of the United States unless it receives the affirmative vote of at least fifty-five percent of the members present and voting in each House of Congress.
(b) Congress may by law, or by the standing rules of either House, establish a higher threshold than the percentage established by subsection (a) for the passage of any measure or category of measures; neither House may adopt a rule, precedent, or procedure that permits passage of a measure having the force of law by less than the percentage established by subsection (a).
(c) This Section does not apply to a vote to override a presidential veto, to a vote on a resolution not having the force of law, to the internal rules of either House, to the ratification of a treaty, or to any other vote for which this Constitution specifies a different threshold.
(d) Congress may by law establish procedures for determining who is “present and voting” and for the orderly conduct of votes under this Section, consistent with the purpose of this Section.
Section 58. Congressional War Powers.
(a) Congressional Authorization Required. The President shall not introduce, order, or maintain the Armed Forces of the United States in hostilities, or in a situation where imminent involvement in hostilities is clearly indicated by the circumstances, for a period exceeding thirty days, unless Congress has declared war or enacted specific statutory authorization for that use of the Armed Forces.
(b) Notification. The President shall report to Congress in writing within forty-eight hours of introducing the Armed Forces into hostilities described in subsection (a), specifying the circumstances, the constitutional and legal authority relied upon, and the estimated scope and duration of the deployment.
(c) Automatic Termination of Funding. Except as provided in subsection (d), no funds of the United States may be obligated or expended, after the expiration of the thirty-day period established by subsection (a), for any use of the Armed Forces described in subsection (a) that has not received the congressional authorization described in subsection (a). This subsection is self-executing and requires no further act of Congress to take effect.
(d) Exception. The limitation established by subsection (a) does not apply to a use of the Armed Forces to repel a sudden attack upon the United States, its territories, or its Armed Forces, for the period reasonably necessary to respond to that attack and to seek the authorization described in subsection (a), nor does it apply where Congress, by physical inability to convene resulting from a direct attack upon the seat of government, cannot receive the report required by subsection (b).
(e) Judicial Review. A claim arising under this Section is justiciable, and no court shall decline to hear or decide such a claim on the ground that it presents a nonjusticiable political question. Any member of Congress, or any other person Congress designates by law, has standing to bring an action to enforce this Section.
(f) Punishment. Congress shall by law establish criminal and civil penalties for a willful violation of this Section by the President or by any officer of the United States who authorizes, orders, or knowingly executes a use of the Armed Forces in violation of this Section. A willful violation of this Section by the President constitutes an additional and independent ground for impeachment and removal from office.
Section 59. Right to Repair and Continued Use of Purchased Equipment.
(a) “Covered equipment” means any physical equipment, machinery, vehicle, appliance, or device sold to a purchaser who thereby acquires full ownership of the physical unit, where the equipment's operation depends in whole or in part on embedded software or firmware.
(b) The owner of covered equipment, and any independent repair provider acting on the owner's behalf, has the right to access the diagnostic tools, embedded software, replacement parts, and technical documentation reasonably necessary to diagnose, maintain, repair, and modify the equipment for the owner's own use. A manufacturer may not use a software lock, digital rights management mechanism, authentication requirement, or parts-pairing restriction to prevent or materially impede the exercise of this right, except to prevent a modification that would place the equipment out of compliance with a federal safety or emissions standard applicable to its originally certified configuration. A safety or emissions standard relied upon under this subsection must be a standard established by public rule of general applicability and may not be applied in a manner that discriminates between an independent repair provider and the manufacturer's own authorized service network.
(c) Once a purchaser has paid the full purchase price for covered equipment, no manufacturer, dealer, or affiliated entity may condition the continued operation of functionality that was active, marketed, or represented as included at the time of sale on payment of a recurring license, subscription, or activation fee. This subsection does not prohibit an optional, clearly disclosed subscription for a genuinely new feature the owner may decline without loss of the equipment's functionality as sold.
(d) A manufacturer may not remotely disable, degrade, or limit the functionality of covered equipment that has been paid for in full, except pursuant to a valid court order or with the owner's informed, revocable consent for a specific, disclosed purpose.
(e) An owner injured by a violation of this Section has a private right of action for injunctive relief, actual damages, and reasonable attorney's fees. This Section does not preempt a State law that provides equal or greater protection to the owner of covered equipment.
(f) Congress shall enact implementing legislation, including technical standards, within two years of ratification. A subscription arrangement in effect on the date of ratification that would violate subsection (c) shall have two years from ratification to come into compliance.
Section 60. Equal Taxation of All Income Regardless of Source.
(a) Definitions. As used in this Section: (i) “investment income” means capital gains, whether characterized as short-term or long-term under prior law; qualified or ordinary dividends; carried interest; and any other gain, profit, or return realized from the sale, exchange, or disposition of property, securities, or a partnership or other business interest; and (ii) “wage income” means compensation for labor or services, including salary, hourly wages, tips, bonuses, and self-employment income.
(b) No federal law may impose a lower marginal rate of taxation, a lower maximum rate of taxation, or a more favorable method of computing taxable income on investment income than is imposed on an equivalent dollar amount of wage income for a taxpayer at the same total level of taxable income. Investment income and wage income shall be aggregated and taxed under a single, unified marginal rate schedule. The rate floors established by Section 63 apply to investment income to the same extent as to wage income, notwithstanding Section 63(e).
(c) Income received by a general partner, manager, or similar service provider of an investment fund, partnership, or similar entity as a share of the fund’s profits, in consideration for investment management or similar services rendered, commonly known as “carried interest”, shall be taxed as ordinary wage income under this Section regardless of the character or holding period of the underlying gain.
(d) No federal law may condition the tax rate applicable to investment income upon the length of time an asset was held prior to its sale or exchange.
(e) Nothing in this Section restricts the deduction of investment losses against investment income, or, within reasonable limits set by law, against wage income, provided that any such deduction is made available without regard to whether the offsetting income is investment income or wage income.
(f) This Section takes effect for taxable years beginning after the date of ratification. Congress may provide reasonable transition rules, not to exceed three years, to account for investment decisions made in reliance on prior law, provided that no such rule may hold the effective rate of taxation on investment income more than ten percentage points below the rate applicable to an equivalent amount of wage income, and provided further that any such rule expires automatically at the end of the three-year period without further congressional action.
(g) This Section does not alter the tax treatment of retirement accounts, health savings accounts, education savings accounts, or other tax-advantaged accounts established by law for a purpose unrelated to the character of income as investment or wage income, and does not require the taxation of unrealized gains.
Section 61. Realization of Gain at Death.
(a) Definitions. As used in this Section: (i) “decedent” means an individual upon whose death this Section applies; (ii) “date-of-death value” means the fair market value of property as of the date of a decedent’s death; (iii) “covered property” means any capital asset, or any other property the sale of which would give rise to investment income under Section 60, other than property excluded by subsection (e).
(b) Immediately prior to a decedent's death, all covered property owned by the decedent shall be treated as sold to the decedent's estate at its date-of-death value. Any gain realized under this subsection shall be taxed as investment income under Section 60 for the decedent's final taxable year. The basis of covered property in the hands of the estate, or any person who acquires it by reason of the decedent's death, shall thereafter be its date-of-death value.
(c) The first $1,000,000 of gain that would otherwise be recognized under subsection (b) is exempt from recognition. This exemption is portable to a surviving spouse to the extent unused, for a combined exemption of up to $2,000,000 per married couple, and shall be adjusted annually for inflation.
(d) At the election of the estate, recognition of gain under subsection (b) attributable to a family farm or a closely-held family business that continues to be owned and substantially operated by one or more members of the decedent's family may be deferred, without interest, until the earlier of the date the property is sold to a person outside the family or the date it ceases to be substantially family-operated.
(e) This Section does not apply to: (i) the decedent's principal residence, up to the same dollar exclusion available to a living seller of a principal residence; (ii) property passing to a surviving spouse, until the surviving spouse's own death or disposition of the property; (iii) property passing to a tax-exempt charitable organization; or (iv) tax-qualified retirement accounts.
(f) An estate may elect to pay the tax attributable to gain recognized under subsection (b) in equal annual installments over a period not to exceed fifteen years, in the manner and subject to the same interest provisions that apply to installment payment of federal estate tax attributable to closely-held businesses.
(g) This Section is a rule for the realization and taxation of investment income under Section 60. It does not create, and shall not be construed as, a separate tax on the transfer of property by reason of death.
Section 62. Decennial Mark-to-Market for High-Net-Worth Individuals.
(a) Definitions. As used in this Section: (i) “covered individual” means a natural person whose net worth, as reported under subsection (h), exceeded $1,000,000,000 as of the close of each of the three most recent taxable years; (ii) “publicly traded security” means a stock, bond, or other security regularly traded on an established securities market; (iii) “measurement date” means, for a given publicly traded security held by a covered individual, each date that is an exact multiple of ten years after the date that individual first acquired the security, or, for a security already held on the effective date of this Section, the date established under subsection (i).
(b) On each measurement date, a covered individual's publicly traded securities subject to that measurement date shall be treated as sold for fair market value and immediately reacquired at that value. Gain recognized under this subsection shall be taxed as investment income under Section 60 for the taxable year that includes the measurement date. The security's basis shall thereafter be its fair market value as of the measurement date, and a new ten-year period begins on that date.
(c) An individual who ceases to meet the net-worth threshold in subsection (a)(i) is not a covered individual for any taxable year in which the threshold is not met, but resumes covered status, including the running of measurement dates already accrued, for any later year in which the threshold is again met.
(d) A net loss recognized under this Section for a taxable year may, at the covered individual's election, be carried back up to three preceding taxable years to offset gain recognized under this Section, with a refund of tax paid, or carried forward indefinitely to offset gain recognized under this Section or Section 60.
(e) A covered individual may elect to pay the tax attributable to gain recognized under this Section in equal installments over five years. No interest shall accrue on installments paid within the first two years; installments paid thereafter shall accrue interest at the applicable federal rate.
(f) A transfer of a publicly traded security by a covered individual to any other person or entity, including a spouse, family member, trust, partnership, corporation, or other related or unrelated party by gift, contribution, distribution, or other transfer without full and adequate consideration in money or money's worth, constitutes a sale of that security for purposes of this Section. Gain shall be recognized as of the date of the transfer, taxed as investment income under Section 60 for the taxable year that includes that date, and the transferee's basis in the security shall thereafter be its fair market value as of that date. This subsection does not apply to a transfer to a trust that is revocable by the covered individual and with respect to which the covered individual is treated, under generally applicable tax principles, as the owner of the trust's assets, for so long as that revocability and ownership treatment continue; a security held in such a trust remains subject to this Section as though held directly by the covered individual, and a subsequent transfer out of such a trust, or an event terminating the covered individual's power of revocation or ownership treatment, is a transfer for purposes of this subsection. A bona fide sale for full and adequate consideration in money or money's worth is taxed under Section 60 in the ordinary course and is not additionally subject to this subsection. Following a transfer described in this subsection to a trust, partnership, limited liability company, or other entity that is not itself a natural person, the transferred security remains subject to this Section notwithstanding subsection (a)(i)’s natural-person definition of covered individual. The entity is treated as a covered individual solely with respect to that security for purposes of this Section, and a new ten-year measurement period begins on the date of the transfer under this subsection, consistent with subsection (l).
(g) Securities held in a tax-qualified retirement account are not subject to this Section.
(h) A covered individual shall annually report net worth in the manner prescribed by law, based on the fair market value of assets less liabilities. Publicly traded securities shall be valued at their trading price; the value of other assets shall be determined under procedures established by law.
(i) For a publicly traded security already held more than ten years by a covered individual as of the effective date of this Section, the first measurement date shall occur no earlier than three years after the effective date, to allow for orderly compliance. Congress may by law further stagger the initial measurement dates of covered individuals to avoid concentrating the transition in a single taxable year.
(j) This Section applies only to the publicly traded securities of covered individuals as defined in subsection (a). It does not apply to any other person, and does not alter the tax treatment of any asset that is not a publicly traded security.
(k) A loan or other extension of credit made to a covered individual that is secured, in whole or in part, by a publicly traded security otherwise subject to this Section shall be treated as a sale of the pledged security, to the extent of the principal amount advanced, as of the date the covered individual receives the loan proceeds. Gain shall be recognized accordingly, taxed as investment income under Section 60, and the security's basis shall thereafter be its fair market value as of that date. No basis or other adjustment is restored by reason of the loan's later repayment, forgiveness, or discharge. This subsection applies without regard to whether the loan is made by a bank, broker-dealer, or other lender, and without regard to whether the security is formally re-titled, so long as the loan is secured by the security or by an interest in an entity substantially all of whose value consists of the security.
(l) Where gain has been recognized with respect to a security under subsection (b), (f), or (k), a later event described in any of those subsections with respect to the same security recognizes gain only on the appreciation accruing after the most recent such event, consistent with the basis established at that time.
(m) A transaction or series of transactions a principal purpose of which is to avoid or defer recognition of gain under this Section shall be treated as a sale of the affected security for purposes of this Section, with gain recognized accordingly, including without limitation: (i) a contribution of a publicly traded security to a partnership, corporation, limited liability company, investment fund, or other entity in exchange for an interest in that entity; and (ii) a swap, forward contract, option, collar, or other derivative or synthetic instrument that has the effect of transferring substantially all of the economic risk and reward of owning a publicly traded security to another party. This subsection does not apply to a transaction in which the covered individual demonstrates, by clear and convincing evidence, a substantial business purpose independent of tax avoidance and does not retain, directly or indirectly, substantially the same economic exposure to the security's value.
(n) An individual who was a covered individual, or who would have been a covered individual but for a change in citizenship or residency status, and who renounces United States citizenship or terminates long-term United States residency, shall be treated as having sold, immediately before the effective date of that renunciation or termination, all publicly traded securities that would otherwise be subject to this Section, with gain recognized accordingly under subsection (b). This subsection applies without regard to the individual's net worth or reporting status at the time of renunciation or termination, so long as the individual met the net-worth threshold in subsection (a)(i) in any of the ten taxable years preceding the renunciation or termination. Congress may by law coordinate the application of this subsection with any other federal expatriation tax to avoid duplicate taxation of the same gain.
Section 63. Minimum Progressive Income Tax Rate Structure.
(a) Beginning with the first taxable year after ratification, the ordinary individual income tax imposed by the United States shall apply marginal rates no lower than the following floors: not less than fifteen percent on taxable income within the lowest bracket Congress establishes; not less than twenty-eight percent on taxable income within the next bracket Congress establishes; not less than thirty-three percent on taxable income within an intermediate bracket, if Congress elects to establish one, above the bracket described in the preceding clause; and, for the highest bracket or brackets Congress establishes, not less than the highest marginal rate applicable to ordinary income under the Internal Revenue Code in effect on the date of ratification (37 percent under the law in effect at the time this Section was drafted).
(b) Congress shall establish the specific dollar thresholds for each bracket described in subsection (a), and shall adjust those thresholds annually for inflation.
(c) Congress may increase a rate floor established by subsection (a) at any time by ordinary legislation. Congress may decrease a rate floor established by subsection (a) only if, in each of the seven calendar years immediately preceding the year in which the decrease takes effect, actual federal revenues exceeded actual federal outlays, as reported in the final audited accounts of the United States for each such year. A decrease permitted under this subsection may not reduce a rate floor below the level that would have applied had the preceding sentence's condition not been satisfied, except to the extent the decrease is itself consistent with maintaining the seven-years-of-surplus condition on which it is based.
(d) This Section establishes a floor on ordinary individual income tax rates. It does not itself impose a tax, and Congress retains authority over bracket structure, deductions, credits, and administration, consistent with this Section.
(e) A rate floor established by this Section does not apply to income taxed as investment income under Section 60, or to any other tax established by this Article, each of which is governed by its own terms.
Section 64. Digital Currency Integrity.
(a) Definitions. As used in this Section: (i) “payment stablecoin” means a digital asset issued for use as a means of payment or settlement, the issuer of which represents, or creates a reasonable expectation, that the asset will maintain a stable value relative to a fixed amount of United States dollars or another national currency; (ii) “licensed issuer” means a person authorized by Congress, or by an agency Congress designates by law, to issue a payment stablecoin in the United States, subject to the eligibility, reserve, disclosure, examination, and other requirements established by this Section and by Congress; (iii) “covered transaction” means the sale of goods or services, or the settlement of any other commercial obligation, in which a party located in the United States is paid, in whole or in part, in a payment stablecoin; (iv) “reserve assets” means the assets a licensed issuer holds to back its outstanding payment stablecoins; (v) “unhosted wallet” means a digital wallet capable of holding or transferring a payment stablecoin without a bank, exchange, or other regulated intermediary maintaining custody or control of the private keys necessary to transfer its contents; (vi) “insured depository institution” means a bank or credit union, whether chartered by the United States or by a State, the deposits or member accounts of which are insured by an agency or instrumentality of the United States.
(b) Sole Issuer. The Federal Reserve System is the sole entity authorized to issue a payment stablecoin for use in a covered transaction. No other person, whether or not otherwise regulated as a bank, credit union, or securities issuer, may be licensed or otherwise authorized to issue a payment stablecoin for use in a covered transaction. Congress shall by law direct the Federal Reserve System to establish the operational, technical, and distribution systems necessary to issue, redeem, and transfer a payment stablecoin, and may authorize the Federal Reserve System to distribute the payment stablecoin through insured depository institutions and other regulated intermediaries acting solely as distribution agents, without such an intermediary being considered an issuer for purposes of this Section.
(c) Prohibition on Unlicensed and Foreign Digital Currency in United States Commerce. (1) No person conducting business in the United States shall accept, or represent a willingness to accept, any digital asset functioning as a payment stablecoin in settlement of a covered transaction, unless that digital asset is issued by a licensed issuer. (2) This prohibition applies without regard to whether the digital asset is denominated in, or purports to maintain a stable value relative to, the United States dollar, another national currency, or any other unit of value, and without regard to whether its issuer is domiciled within or outside the United States. (3) Anti-Avoidance. A transaction structured, in whole or in part, to accept payment in an unlicensed digital asset while nominally recording the transaction as settled in United States dollars or in a licensed payment stablecoin, including through an intermediary, aggregator, or payment processor that converts an unlicensed digital asset into a licensed payment stablecoin or into United States dollars only after receipt from the paying party, does not avoid the prohibition of this subsection. The person accepting payment bears the burden of demonstrating, by clear and convincing evidence, that the digital asset received directly from the paying party was issued by a licensed issuer. (4) Enforcement. A violation of this subsection is punishable by a civil fine of not less than $5,000 per covered transaction, and by a civil fine of not less than $50,000 per covered transaction where the violation is willful or part of a pattern or practice. Congress may increase, but may not decrease, either minimum. (5) This subsection does not apply to a transfer between individuals that is not a covered transaction, including a gift or a purely personal, non-commercial payment.
(d) Reserve Composition. Congress shall by law limit the reserve assets a licensed issuer may hold to back its outstanding payment stablecoins to United States currency and direct, short-term obligations of the United States with a remaining maturity of ninety-three days or less. No uninsured deposit, repurchase agreement, money-market fund share, or other asset bearing counterparty or market risk qualifies as a reserve asset for purposes of this subsection.
(e) Prohibition on Indirect Interest or Yield. No licensed issuer, and no affiliate, exchange, platform, or other person acting in coordination with a licensed issuer, shall pay interest, yield, a reward, a rebate, or any other thing of value to a holder of a payment stablecoin that is calculated, in whole or in part, by reference to the amount or duration of the holder's stablecoin balance. A payment, rebate, or reward prohibited by this subsection does not escape its application by reason of being paid by a person other than the licensed issuer, so long as it is paid in connection with, or by arrangement with, the licensed issuer or an affiliate.
(f) Identification Requirements Extended to the Secondary Market. The identification, verification, and sanctions-screening obligations Congress establishes by law for a licensed issuer shall extend equally to any exchange, wallet provider, or payment processor that purchases, sells, or transfers a payment stablecoin on behalf of another person. A licensed issuer shall not honor a redemption request originating from an unhosted wallet, for an amount Congress by law determines to be more than nominal, unless the identity of the person initiating the request has been verified, at some point in the chain of transactions, by a person subject to the obligations of this subsection.
(g) Transaction Reporting. A licensed issuer, and any exchange, wallet provider, or payment processor handling a volume of payment stablecoin transactions Congress by law determines to be more than de minimis, shall report transaction-level data to the Department of the Treasury on a schedule Congress establishes by law, which schedule shall be no less frequent than monthly. This subsection does not, by itself, authorize the collection of data unrelated to a payment stablecoin transaction, and does not diminish any protection against unreasonable search and seizure otherwise applicable to that data.
(h) Consumption Tax Withholding at Settlement. Where Congress imposes a tax on the sale of goods or services, a licensed issuer whose payment stablecoin is used to settle a covered transaction subject to that tax shall withhold and remit the tax due on that transaction at the time of settlement, in the manner Congress establishes by law, to the same extent and in the same amount as would be due had the transaction been settled by other means. A covered transaction is not, by reason of being settled in a payment stablecoin, exempt from or subject to a reduced rate under any tax otherwise applicable to the sale of goods or services.
(i) Digital Settlement Integrity Fee. Congress may by law impose a fee, not to exceed ten basis points, on transfers of a payment stablecoin above a threshold Congress establishes by law, dedicated exclusively to funding the examination, reporting-system, and enforcement infrastructure required by this Section. A fee imposed under this subsection is not a tax on income and is not general revenue of the United States.
(j) Anti-Avoidance for Capital Gains. The conversion of an asset subject to tax under Section 60 into a payment stablecoin, and the conversion of a payment stablecoin into United States dollars or into another asset, are each a separate disposition of property for purposes of Section 60 and Section 62, and gain or loss shall be recognized accordingly. A payment stablecoin held by a covered individual, as defined in Section 62(a), is not exempt from Section 62 by reason of maintaining a stable dollar value, and a conversion described in this subsection is a transfer for purposes of Section 62(f) where the other requirements of that subsection are met.
(k) Limitation on Issuer Compensation. (1) A licensed issuer shall not charge a fee for the purchase or minting of a payment stablecoin. (2) A licensed issuer may pass through, without markup, the cost of a fee necessary to execute a transfer on the network on which the payment stablecoin operates. (3) A redemption fee charged by a licensed issuer shall be a flat amount reasonably related to the cost of completing the redemption, and shall not be calculated as a percentage of the amount redeemed. (4) The Federal Reserve System shall publicly report, no less frequently than quarterly, the direct costs deducted under subsection (n) before remittance to the Treasury, itemized by category. Congress shall by law establish a limit, expressed as a percentage of average outstanding reserves, on the aggregate amount of such costs, which the Federal Reserve System may not exceed without further congressional authorization. (5) No fee may be charged in connection with a redemption required by a mandatory wind-down of a licensed issuer.
(l) Enforcement. Any person injured by a violation of this Section has standing to bring a civil action in federal court for injunctive relief and damages. Congress may by law provide additional enforcement mechanisms, criminal penalties, and civil fines for a violation of this Section, but may not diminish the prohibitions, requirements, or rights established herein. This Section is self-executing.
(m) Effective Date; Transition. Not later than six months after the date of ratification of this Article, every person who issued a payment stablecoin under the version of subsection (b) in effect immediately before ratification shall complete the redemption, at par and without fee, of all payment stablecoins that person has issued, and shall cease issuing any further payment stablecoin. The Federal Reserve System shall establish the operational, technical, and distribution systems necessary to issue, redeem, and transfer a payment stablecoin under subsection (b) not later than three years after the date of ratification of this Article. Subsections (a) and (c) through (l) of this Section take effect immediately upon ratification and apply without regard to whether the Federal Reserve System’s issuance systems are yet operational under this subsection.
(n) Dedication of Reserve Income. All net income the Federal Reserve System earns on the reserve assets backing a payment stablecoin issued under this Section, after deducting the direct costs of the examination, redemption, reporting, and enforcement infrastructure required by this Section, shall be paid over, not less than quarterly, to the Treasury of the United States. No part of that income may be retained by the Federal Reserve System, remitted or rebated to any private person, distributor, or intermediary, or withheld from the Treasury for any purpose other than the direct costs described in this subsection.
VIII. Administrative Provisions
Section 65. Executive Branch Compliance with Subpoenas.
(a) Scope. This Section applies to a subpoena issued to an officer, employee, or agency of the executive branch of the Government of the United States by a committee or subcommittee of either House of Congress acting within its constitutional oversight authority, or by the Office of Government Integrity, the Office of Inspector General, or any other officer of the United States possessing subpoena authority under this Constitution or by law.
(b) Response Deadline. An officer, employee, or agency to whom a subpoena described in subsection (a) is directed shall produce the documents, records, or testimony demanded, or file a written objection with the body or officer that issued the subpoena, not later than thirty days after the subpoena is served.
(c) Penalty for Noncompliance. An officer or employee of the executive branch who fails to comply with subsection (b) is subject to a civil penalty of $10,000 for each day of continued noncompliance following the deadline established by subsection (b), payable personally by the noncompliant officer or employee and not by the United States or the employing agency, recoverable in an action brought in the United States District Court for the District of Columbia.
(d) Executive Privilege. An officer or employee who withholds material demanded under subsection (a) on a claim of executive privilege shall file that claim with the United States District Court for the District of Columbia not later than the deadline established by subsection (b). The court shall determine, not later than seven days after the claim is filed, whether the claim is a valid assertion of executive privilege as recognized under this Constitution.
(e) Stalling Tactics. If the court determines that a claim filed under subsection (d) was not a good-faith assertion of executive privilege but was made for the purpose of delaying or obstructing compliance with the subpoena, the penalty established by subsection (c) shall be assessed retroactively to the deadline established by subsection (b), against the officer or employee who asserted the claim.
(f) National Security. This Section does not require the disclosure of information properly classified under a national security classification system established by law. A claim that material demanded under subsection (a) is protected from disclosure on this ground shall be resolved under the procedure established by subsection (d), and the court may, upon finding the claim valid, permit disclosure to the issuing body under such security procedures as the court finds necessary to protect the information from unauthorized disclosure.
(g) Congress may by law establish additional procedures to implement this Section, consistent with its provisions, but may not diminish any deadline or right established by this Section, and may not reduce the penalty established by subsection (c) or (e) below the amount specified therein.
Section 66. Public Access to Government Records.
(a) Right of Access. A person has the right to obtain a copy of a record held by an agency of the executive branch of the Government of the United States, subject only to the exceptions established by this Section or by law consistent with this Section.
(b) Response Deadline. An agency to which a request for records under this Section is made shall provide the requested records, or a written statement of the specific exemption claimed for each record or portion of a record withheld, not later than thirty days after the request is received.
(c) Penalty for Noncompliance. An official responsible for an agency’s failure to comply with subsection (b) is subject to a civil penalty of $10,000, payable personally by that official, recoverable in an action brought in the United States District Court for the District of Columbia or in the United States district court for the district in which the requester resides.
(d) Incomplete or Inaccurate Response. If a requester alleges that a response provided under subsection (b) is materially incomplete or inaccurate, the agency shall have ten days after receiving notice of the allegation to cure the deficiency. If the agency does not cure the deficiency within that period, the requester may seek review in the United States district court for the district in which the requester resides. If the court finds that the agency’s response was materially incomplete or inaccurate, the penalty established by subsection (c) shall be assessed retroactively to the deadline established by subsection (b), against the official responsible for the response.
(e) National Security. This Section does not require the disclosure of information properly classified under a national security classification system established by law. Congress may by law establish additional categories of exemption from disclosure consistent with the purposes of this Section.
(f) Congress may by law establish additional procedures to implement this Section, but may not diminish any deadline or right established by this Section, and may not reduce the penalty established by subsection (c) or (d) below the amount specified therein.
Section 67. Limitation on Unilateral Executive Action Affecting Federal Property, Designations, and Natural Resource Use.
(a) Administrative Orders Distinguished. An Executive Order or other directive of the President is administrative, and requires no further authorization under this Section, only to the extent it implements, organizes, or manages the execution of a law Congress has enacted, including the internal organization of an executive department, the delegation of authority among executive officers, the execution of an appropriation within the amount and purpose Congress has provided, and the administration of a lease, permit, or authorization within a general program Congress has established by law. This Section does not diminish that administrative authority.
(b) Renaming. No monument, geographic feature, military installation, federal building, national park, or commissioned vessel of the United States that bears a name established by law, by a federal naming authority acting under law, or by usage of not less than twenty-five years, may be renamed except by Act of Congress.
(c) Alteration or Demolition of Significant Federal Property. No federally owned building or structure that is listed on the National Register of Historic Places, that is part of the White House or United States Capitol complex, or that Congress designates by law for purposes of this subsection, may be demolished, structurally altered, or have its exterior materially changed, without prior authorization by Act of Congress. This subsection applies regardless of whether the property is otherwise exempt from review under the National Historic Preservation Act or any successor law.
(d) Disposal or Transfer of Federal Real Property. No real property of the United States with a fair market value exceeding an amount Congress establishes by law may be sold, transferred, exchanged, or otherwise disposed of by the executive branch without prior authorization by Act of Congress specific to that property or to a class of property Congress defines.
(e) Removal of Trustees and Officers of Federally Chartered Cultural Institutions. No trustee, director, or officer of a federally chartered museum, library, performing arts center, or similar cultural institution serving a term fixed by law may be removed before the end of that term except for cause as defined by the law establishing the institution, subject to judicial review.
(f) Extractive and Grazing Use of Federal Land. No agency of the executive branch may issue, renew, or expand a lease, permit, license, or other authorization for the extraction of oil, gas, coal, or other mineral resources, or for grazing, on federal land, except as authorized by an Act of Congress. A general leasing or permitting program Congress has established by law, including the Mineral Leasing Act of 1920, the Taylor Grazing Act of 1934, and the Federal Land Policy and Management Act of 1976, as each exists on the date of ratification, constitutes the authorization required by this subsection for an action taken consistent with the terms of that program. An Executive Order or agency action that directs an increase in the quantity, pace, or geographic scope of leasing beyond an existing program’s terms, that waives or suspends a limitation or environmental review requirement that program establishes, or that reduces the boundary or protected status of a national monument, national park, or other federally protected land designation for the purpose of permitting extraction or grazing on land no longer protected, requires prior authorization by Act of Congress.
(g) Emergency Exception. Notwithstanding subsections (b) through (f), the President may take a covered action without prior congressional authorization for a period not to exceed ninety days upon a written certification, transmitted to Congress within forty-eight hours, that the action is necessary to respond to an imminent threat to national security or to an ongoing natural disaster. A covered action taken under this subsection lapses at the end of the ninety-day period unless Congress authorizes its continuation by law, and this subsection does not authorize the permanent renaming, demolition, disposal, or extractive or grazing authorization otherwise prohibited by this Section.
(h) Enforcement. An officer or employee of the executive branch who issues, directs, or executes a covered action in violation of this Section is subject to a civil penalty of $10,000 for each day the violation continues, payable personally and not by the United States. Any person, and any Member of Congress, has standing to bring a civil action in the United States District Court for the District of Columbia for injunctive relief, including an order requiring restoration of property to its condition before the violation, to the extent restoration is physically possible.
(i) Rule of Construction. This Section does not require congressional authorization for the ordinary administration of a leasing, permitting, property-management, or personnel program Congress has established by law, and does not diminish the President’s authority under Section 55 to faithfully execute the laws Congress enacts.
(j) Retroactive Application.
(1) Any action described in subsections (b) through (f) that was ordered, directed, or executed by the President or an agency of the executive branch without prior authorization by Act of Congress, occurring on or after January 20, 2025, and before the date of ratification of this Section, is void as of the date of ratification and has no legal effect or precedential value.
(2) Where the action void under paragraph (1) is a renaming, a reduction of a monument or protected land boundary, or the removal of a trustee or officer described in subsection (e), the department or agency that took the action shall restore the prior name, boundary, or trustee within one hundred eighty days of ratification.
(3) Where the action void under paragraph (1) is a demolition or structural alteration described in subsection (c), the department or agency that took the action shall restore the property to its condition before the action, to the extent restoration is physically possible, and the action shall not be relied upon or cited as authority for any subsequent action.
(4) This subsection does not void a lease, permit, or other authorization held by a private party who, before the date of ratification, made a substantial investment backed expenditure in good faith reliance on that lease, permit, or authorization, and who did not participate in or have actual knowledge of its unlawfulness. Congress may by law provide for the orderly review or wind down of any such lease, permit, or authorization.
(5) A failure to comply with paragraph (2) or (3) within the time required is enforceable under subsection (h) in the same manner as a violation of subsections (b) through (f).
Section 68. Effective Date and Implementation.
(a) This Article shall take effect on the date of its ratification, except that: (1) Provisions requiring congressional action to establish implementing legislation, penalties, procedures, or thresholds shall become operative upon the enactment of such legislation, and Congress shall enact such legislation within two years of ratification; (2) The financial disclosure and tax return release requirements of Section 5 shall apply to all covered officials serving as of the effective date, with initial disclosures due within ninety days of ratification; and (3) The divestiture and blind trust requirements of Section 6 shall apply to all covered officials serving as of the effective date, with compliance required within ninety days of ratification.
(b) This Article applies prospectively to all conduct occurring on or after the effective date. Nothing in this Article shall be construed to create retroactive criminal liability for conduct occurring before the effective date.
(c) Pending the establishment of the Office of Government Integrity pursuant to Section 28, the Office of Government Ethics shall perform the investigative and referral functions assigned to the Office of Government Integrity under this Article.
Section 69. Enforcement, Self-Executing Provisions, and Severability.
(a) Self-Executing Provisions. The following provisions of this Article are self-executing and do not require implementing legislation to be operative: (1) The prohibitions on immunity for corrupt official conduct in Section 45; (2) The prohibition on abuse of official authority in Section 8; (3) The divestiture and blind trust obligation of Section 6, as to the requirement to divest or establish a trust within ninety days; (4) The self-pardon prohibition in Section 35(a); (5) The void-pardon provisions in Section 35(d), (e), and (f); (6) The whistleblower anti-retaliation prohibition in Section 29; and (7) The disgorgement remedy in Section 30(a) and (b); and (8) The elimination of qualified immunity in Section 46(a) through (c), and the local government investigative access rights in Section 46(d) through (f).
(b) All other provisions of this Article shall be operative upon the enactment of implementing legislation by Congress, except that any court of competent jurisdiction may enforce any provision of this Article as against any covered official in any case properly before it.
(c) Severability. The provisions of this Article are severable. If any provision of this Article, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, the remaining provisions shall continue in force and effect as if the invalid provision had not been included.
(d) Supremacy. The provisions of this Article shall be the supreme law of the land and shall supersede any conflicting provision of any prior federal statute, executive order, or regulation. Nothing in this Article shall be construed to limit the authority of Congress to enact legislation establishing higher standards of integrity for covered officials than those specified herein.