Proposed Amendment XXVIII
Constitution of the United States of America
Section 1. Any decision by the Supreme Court against a claim by a private party of governmental infringement of the private party’s rights under the Constitution or invalidating as unconstitutional any state law and any such decision by an inferior court that the Supreme Court refuses to review shall, if at least [twenty percent (20%) or thirty percent (30%)] of the judges of the Supreme Court dissent from such decision or refusal, be subject to further review by the people of the United States as provided in this Amendment.
Section 2. Decisions specified in Section 1 shall be submitted to, and affirmed or reversed by a majority vote of the people at the election of members of the House of Representatives next following the decision or refusal by not less than 180 days.
Section 3. Only the dissenting opinion or opinions in cases in which a court decision is reversed by a vote of the people may serve as precedents for any subsequent decision by the Supreme Court or any inferior court.
Section 4. This Amendment shall become effective immediately upon its adoption; provided, however, that there also shall be subject to this Amendment and affirmation or reversal by a majority vote of the people at the election of members of the House of Representatives next following adoption of this Amendment by not less than 90 days the decisions of the Supreme Court in: Kelo v. City of New London, No. 04-108, decided June 23, 2005; Gonzales v. Raich, No. 03-1454, decided June 6, 2005; Roper v. Simmons, No. 03-633, decided March 1, 2005; McConnell v. Federal Election Commission, No. 02-1674, decided December 10, 2003; Lawrence v. Texas, No. 02-102, decided June 26, 2003; Grutter v. Bollinger, No. 02-241, decided June 23, 2003; [add recent objectionable decisions including those in the Arizona immigration and Obamacare cases].