THE PRD PLAN

With the Democrats in control of the White House and both houses of Congress, there is a serious loss of the benefits of checks and balances that the Founders sought. The Administration is virtually free to implement any legislation it wishes.

True, the Constitutionality of that legislation can be questioned by appeal to the Supreme Court, but that takes someone or some organization to implement and finance that appeal through the appellate process...and it may take years before the case reaches the highest court, and at a prohibitive cost for most Americans. In the interim, we live under a law that may impose financial and other obligations and duties upon us when, in fact, the law may subsequently be declared unConstitutional, beyond the powers of the Government, and be erased off the books.

To avoid the injustice and hardships of such a scenario, I suggest that the Supreme Court establish a Preliminary Review Division that will review all legislation passed by Congress and give it, or deny it, a preliminary determination of its Constitutionality. Pending that review, the law will not take effect.

If the PRD finds the law to be Constitutional, the law would be immediately implemented, though that finding may be appealed to the nine judges of the Supreme Court via the normal appeals process.

If the PRD finds the law to be unConstitutional, the law would not be implemented and would be automatically sent up to the nine Supreme Court judges for their determination of its Constitutionality.

To enhance the likelihood that the findings of the PRD are objectively and impartially based, its members would be comprised of nonpolitically-affiliated Constitutional law scholars chosen by unanimous vote of the Supreme Court judges.

The prospect of an immediate review of the Constitutionality of new legislation may well temper the runaway excessiveness of a
political party in control of both the executive and legislative branches of Government. And that would serve us all, regardless of the party in power...and provide us with more of the protections our Founders championed.