The John Roberts Amendment

Section 1

All officials, elected or appointed, of the United States, or of any individual State or lesser jurisdiction under the authority of this Constitution, shall be liable to indictment, prosecution and conviction for any crime or misdemeanor except for the legitimate exercise of the mandatory functions of their office; but this exception is not to include misuse of those functions of office.

Section 2

Bribery shall be defined as the acceptance of any payment, gift, trust, stipend, gratuity or other emolument outside the salary stipulated by law by any official, elected or appointed, of the United States, or of any individual State or lesser jurisdiction under the authority of this Constitution; or, as the offering of such payment to such an official by any person.

Royalties paid on copyrights or patents under contracts agreed to prior to an official entering into public office shall be exempt from the above definition, except where it is shown that these contracts have been abused to evade the above proscription.

In all cases in which a criminal jury shall find that bribery has occurred, without regard to whether any explicit act or gift was rendered by the official in exchange for the bribe, the official shall instantly be removed from office and rendered permanently ineligible for all public offices or service, elected or appointed, in any jurisdiction under the authority of this Constitution, in addition to any other penalties for the crime of bribery which Congress or lesser jurisdictions may enact.

Section 3

The pardon power of the President of the United States shall have no authority over the disqualification of office as described under Section 2, nor shall the pardon power of any State.

Section 4

Congress shall have power to organize and direct means for the enforcement of the above; but Congressional action shall not be necessary for these articles to come into effect.


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