THE CONTAINMENT OF CONGRESS        

Discussion Draft

AMENDMENT XXIX TO THE UNITED STATES CONSTITUTION

Section I

The Fourth Branch of government is hereby created.  The Fourth Branch must veto or repeal any existing or new enactment of the United States which provides direct or indirect benefits to members of Congress over and above their salaries and true office expenses.  Earmarked legislation is to be considered an enactment that provides indirect benefits to members of Congress.  The Fourth Branch shall use the line item veto or line item repeal so as to retain those parts of legislation that are otherwise constitutional.  The Fourth Branch shall have the exclusive jurisdiction to set the salaries and true office expenses provided to members of Congress.

Section II

Appeals of vetoes, repeals and failures to act by the Fourth Branch shall go directly to the Supreme Court.  The Congress of the United States has the sole authority to Appeal any veto or repeal by the Fourth Branch. Such an Appeal requires a vote of greater than 50% of the members of both the House of Representatives and the Senate.  If a Congressional Appeal fails, each member voting for the Appeal shall be fined 10% of the salary for the entire term of her/his election.  Only the President or any State may Appeal a failure to act by the Fourth Branch when it fails to veto or repeal any existing or new enactment of the United States that provides benefits to members of Congress.  All Appeals of an act or failure to act by the Fourth Branch shall have a final ruling by the Supreme Court within 90 days of the filing.

Section III

The Fourth Branch shall be composed of 5 members who serve a term of four years.  After each Presidential Election, two members of the Fourth Branch shall be selected by the President-Elect of the United States and 3 members shall be selected by the Supreme Court of the United States.  Each member of the Fourth Branch shall serve at the will of the branch from which she/he was selected and may be replaced by the respective branch for any reason.  Each member shall be paid an amount equal to the salary of a Justice of the Supreme Court of the United States.  Each member shall have a staff equal to a Justice of the Supreme Court.  The Fourth Branch shall have its headquarters as set forth by the Congress of the United States upon ratification of this Amendment.

Section IV

Each member of the Fourth Branch shall be subject to the United States Constitution as if the member were elected to Congress.  The Fourth Branch members shall also be subject to the Code of Conduct for United States Judges.