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Proposed Constitutional Amendment: Deportation Authority and Judicial Limitation

Proposed Constitutional Amendment: Deportation Authority and Judicial Limitation

Proposed Constitutional Amendment: Deportation Authority and Judicial Limitation

Published: March 31, 2025

Section 1: Limiting Injunction Power of Inferior Federal Courts

No federal court inferior to the Supreme Court of the United States shall have the authority to impose an injunction or stay on any executive order issued under the President’s constitutionally delegated powers concerning the deportation of foreign nationals from the United States, except as provided herein.

Section 2: State Executive Authority in Deportation Cases

In all matters where a foreign national is subject to removal or deportation from the United States, and such individual resides within a specific state, the Governor of that state shall have the authority to issue a temporary veto against the deportation order unless national security concerns are certified as outlined in Section 3.

Section 3: National Security Override Provision

In cases where the grounds for deportation are related to national security, the veto power of a state Governor may be overridden upon the formal declaration and joint certification of two separate military generals, each holding independent command and not subordinate to one another, that such deportation is necessary to protect national security interests of the United States.

Section 4: Clarification on Constitutional Rights

This amendment shall not be construed to authorize the deportation of individuals for exercising any right protected under the Constitution, including but not limited to the freedoms of speech, religion, press, or peaceful assembly. All such removals must be predicated solely on verified threats to national security or lawful violations under existing immigration statutes, and not used to suppress political dissent or beliefs.

Section 5: Presidential Authority Under Article II

This amendment recognizes the President’s authority under Article II of the United States Constitution to execute laws faithfully and secure the nation, but explicitly restricts the use of deportation orders to national security cases when state opposition exists, unless the override provisions of this amendment are satisfied.

Rationale and Historical Context

The rise in judicial activism by lower federal courts—issuing sweeping injunctions against executive immigration policy—has disrupted the balance of powers and diluted the intended role of the states in matters affecting their residents. This amendment reinstates the proper pecking order: the President for national threats, the states for community-integrated residents, and the military as a neutral arbiter in times of extraordinary risk.

By setting clear and fair boundaries, we ensure that the deportation process honors the separation of powers, state sovereignty, military impartiality, and the inalienable rights of individuals, both citizens and non-citizens alike.

Submitted by: Killian Yates

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