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Article XXIV

 

This article exists because public confidence in the justice system depends on the belief that laws are enforced fairly and impartially. When criminal investigations or prosecutions are influenced by politics, favoritism, personal relationships, or the pursuit of political advantage, trust in democratic institutions is weakened. 


This article protects the independence of federal law enforcement and prosecutors, prohibits political interference in criminal investigations, and requires that laws be applied according to the same standards for everyone. By reinforcing the principle that no one is above the law and no one should be targeted because of their political views, the article seeks to strengthen equal justice, accountability, and public trust in the rule of law.

  

ARTICLE XXIV — INDEPENDENT ADMINISTRATION OF JUSTICE


Section 1 — Authority of States to Propose Constitutional Amendments

The equal administration of law is essential to constitutional government, individual liberty, democratic self-government, and public confidence in the institutions of justice.


No person shall be above the law, beneath the law, or denied the equal protection and impartial administration of law.


The powers of investigation, prosecution, and law enforcement shall be exercised in a manner consistent with impartial justice, equal treatment, and fidelity to law rather than partisan, personal, or political interests.


The provisions of this Article shall be interpreted consistent with these principles.

  

Section 2 — Independence of Law Enforcement and Prosecution

The administration of criminal law and the exercise of federal law enforcement authority shall remain independent from partisan political influence.


No officer of the United States shall direct, obstruct, initiate, terminate, delay, or otherwise influence any criminal investigation, prosecution, or law enforcement action for the purpose of obtaining political advantage, protecting political allies, targeting political opponents, suppressing lawful dissent, or otherwise interfering with the impartial administration of justice.


Congress shall establish and maintain institutions, procedures, and safeguards reasonably necessary to preserve the independence, integrity, and impartial administration of federal law enforcement and prosecution.


The exercise of prosecutorial discretion shall remain subject to law and the interests of justice and shall not be employed as an instrument of partisan, personal, or political power.

  

  

Section 3 — Equal Enforcement and Accountability

The laws of the United States shall be enforced according to neutral and objective standards and shall not be administered on the basis of political affiliation, political activity, public office, wealth, status, identity, or personal relationship.


No person shall receive immunity from investigation, prosecution, or accountability by reason of public office, political influence, economic power, or personal association.


Likewise, no person shall be subjected to investigation, prosecution, or law enforcement action on the basis of political opposition, lawful criticism of government, protected speech, protected association, or other constitutionally protected activity.


Congress shall provide by law for safeguards sufficient to ensure the equal and impartial enforcement of federal law.

  

Section 4 — Rule of Construction

This Article shall be interpreted to preserve the impartial administration of justice, equal accountability under law, and public confidence in the integrity of governmental institutions.


No exercise of governmental authority shall be construed to satisfy the requirements of this Article if its purpose or practical effect is to confer unequal legal treatment, political favoritism, selective immunity, or discriminatory enforcement inconsistent with the principles established herein.


Nothing in this Article shall be construed to impair legitimate prosecutorial discretion exercised in good faith, consistent with law, evidence, the interests of justice, and the equal administration of law.


Congress shall enact and maintain laws reasonably necessary to implement and protect the principles recognized in this Article.

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