Congressional Accountability and Constitutional Justification Act (CACJA)
This bill ensures that all members of Congress are individually accountable for their votes and the constitutional validity of laws they support. By requiring written justifications, it would compel lawmakers to engage more thoroughly with the content of the bills and ensure transparency with the public.
Section 1: Short Title
This Act may be cited as the “Congressional Accountability and Constitutional Justification Act.”
Section 2: Purpose
The purpose of this Act is to ensure that each member of Congress fully understands and upholds their constitutional duty by providing a written justification for the constitutionality of each bill they vote on, thus enhancing accountability, transparency, and fidelity to the Constitution.
Section 3: Requirement for Constitutional Justification
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Written Justification for Constitutionality
(a) Every member of Congress who casts a vote in favor of any bill or resolution proposed for enactment into law must submit a written statement explaining the constitutional authority under which the proposed law is justified.
(b) This justification must reference the specific article, section, and clause of the U.S. Constitution that grants Congress the authority to legislate in the area covered by the bill. -
Form and Submission
(a) The written justification must be no more than 500 words and must be submitted to the Congressional Record within 48 hours of casting the vote.
(b) Justifications will be made publicly accessible and permanently archived as part of the legislative history of each law.
(c) Members who vote against the bill may choose to submit a statement explaining their constitutional concerns.
Section 4: Enforcement and Accountability
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Certification of Justification
(a) Prior to any vote being counted as valid, a member must sign and submit a certification attesting to having read the bill or resolution and their written justification for its constitutionality.
(b) The certification form will be a publicly available record. -
Failure to Submit
(a) Any member who fails to submit a justification will have their vote automatically recorded as “Present” without their affirmative or negative vote being counted towards the final tally.
(b) A record of non-compliance will be included in the Congressional Record. -
Constitutional Review Commission
(a) A bipartisan Constitutional Review Commission shall be established to audit justifications provided by members and may publish reports on the accuracy and constitutional basis of the justifications.
(b) The Commission’s findings are advisory and non-binding but shall be made publicly available.
Section 5: Severability
If any provision of this Act is found to be unconstitutional, the remaining provisions shall remain in effect.