Section 1
The U.S. Constitutional Council would be empowered to determine the constitutionality of an executive order or a law or a regulation under consideration before it is put into effect.
Remarks
This would do away with ill-advised laws, regulations, or executive orders being put in effect shamelessly affecting the whole population while We the People have no recourse but to file suit, hoping that some judge, of who knows what pedigree, allows the suit ‘standing’; and even if that occurs, the suit has to tortuously work its way up through the courts over years; and eventually, if fortunate enough, it may be considered by nine justices, who are constantly under extreme and outlandish political scrutiny and pressure.
These kinds of matters would and should be adjudicated by the Council essentially on the spot before anything unconstitutional is put into effect. If the other party wishes to contest the decision of the Council, the final decision can be determined by a trial. Such a contested adjudication would be determined by an ad hoc panel of an odd number of judges drawn by lot from the pool of appellate court judges, the overall process being managed by The U.S. Constitutional Council.
Remarks
This is so that nobody knows beforehand who will be involved in deciding the constitutionality of a given matter, and whoever is involved in one such case will very unlikely be involved in the next, etc.
As one can easily see with respect to the above, the present means of assuring the constitutionality of OUR (as in ‘belong to We the People’) laws and regulations make a complete mockery of the concept that our government is one where We the People are in charge in any respect at all.
