Whereas the securing of rights is the acknowledged purpose of a democratic republican government;
Whereas the Constitution of the United States provides, through its several Amendments, that government shall not abridge the rights of the people;
Whereas no need, consideration, goal, or policy supersedes these constitutional guarantees or is rightly sufficient to justify deprivation of individual rights;
Whereas grievous deprivations of these rights have nevertheless occurred under color of law or claims of "national security," without remedy or recourse;
Whereas the Executive Branch of government, charged with protection of the people's rights, has, by complicity, nonfeasance, or misfeasance, permitted the perpetrators of such violations to function with impunity;
It is here proposed that a Constitutional Amendment shall establish a National Human Rights Ombudsman, popularly elected and fully responsible to the Congress.
This official, and subordinates thereof, shall enjoy unlimited and unconditional access to all law enforcement agencies, prisons, military installations, research facilities, and the like, and shall have the authority and responsibility to reveal to the Congress and the public any violation of human or constitutional rights, state or federal, domestic or foreign, civilian or military, classified or unclassified, committed by or at the instigation of, or with the consent or acquiescence of, public officials.
In the performance of these duties, the Ombudsman's authority shall supersede that of any other public official, including the President.
The Ombudsman shall enjoy full access to meetings of the President's Cabinet, any and all congressional meetings, and all meetings of the National Security Council and the Joint Chiefs of Staff, and shall have the authority to instruct the Justice Department or the Judge Advocate General's Office to investigate and prosecute any human rights violations.
The Ombudsman shall have authority to recommend to the Congress the expeditious impeachment of any public official, up to and including the President, should such officials prove culpable or recalcitrant. The Congress shall consider the Ombudsman's charges as carefully as if they had originated within its own committees.
Congress shall provide adequate funding and staffing for the efficient and equitable performance of these duties.
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