Plank #2: Repass the 10th Amendment—This Time With Teeth.
In a better world than this, the 10th Amendment to the Constitution would not have been necessary? Why? Because no honest lawyer or politician could have justified the Federal government’s arrogation of powers not enumerated in the document itself. Madison was not without grave faults, the most serious of which were cowardice and pliability, but he appears to have known that the Americans who feared the possible abuses of power that any loose construction of the Constitution would encourage, and he proposed the Bill of Rights as a means of mollifying resentment.
Academic historians and other professional liars will retort that the drafters of Constitution could not anticipate the future needs of a growing country. Of course they could not, and that is why they put in a provision for amending the document. Even here they somewhat failed future generations by not suggesting guidelines, such as prohibiting or making more difficult the passage of an amendment contradicting a fundamental principle in the original document. The 14th Amendment was passed illegally and has been wildly misinterpreted by judges, but even in its restricted form it violates the confederal nature of the Union.
Supposing we could repass the 10th Amendment, what sort of teeth could be added? We could imitate an ancient custom and inflict serious penalties on those who even proposed a measure that violated an established law. In the case of judges who made a ruling or Congressman and Presidents who proposed a law that unconstitutionally extended the power of the Federal government to infringe the authority of the state, a charge of treason could be made and the penalty upon conviction would be permanent loss of income, pension, and voting rights. In such a case, a mere majority of jurors should be sufficient.