Text of proposed
ENERGY AMENDMENT
ARTICLE 28 (or
alternate number to be assigned by Congress)
Section 1.
It is the right of citizens to enjoy the full use of America’s natural resources
for the betterment of their society, economy, personal pursuits and national
defense. This right is foundational to a free people and must not be violated
by the State.
Section 2.
To secure the rights of citizens to fully enjoy and benefit from America’s
natural resources, the State is hereby prohibited from restricting, preventing
or otherwise interfering with the exploration, development or full utilization
of America’s natural resources which include, but are not limited to, crude oil,
natural gas, coal, nuclear, solar, wind, water and any other resource that can
be utilized or in the future will be utilized to meet America’s energy needs.
Section 3. It is
further prohibited for the State to impose on any energy producing entity
(including individuals, companies or organizations) unreasonable laws or
regulations that inhibit or prohibit the exploration and/or development of
energy resources on private, State or Federal land whether offshore or on shore.
Section 4.
The State is further prohibited from
enforcing any law or regulation that adversely affects the operations of an
energy producing entity without a Court order from the appropriate
jurisdiction. Notwithstanding, all parties shall have available to them
recourse through appellate review.
Section 5.
The Article, once ratified by the States, supersedes in precedent and law all
existing laws and regulations (including Court decisions) affecting the energy
producing industry. It shall become part of the United States Constitution 180
days from the date of its ratification by the States.
Section
6. The provisions of this
Article are enforceable within the United States which shall include the Several
States, the District of Columbia, and the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands and the territories and possessions
of the United States.
Section 7.
Congress shall have the power to enforce by appropriate legislation, the
provisions of the Article
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