Read Time: 1 min (est)
Back in May 2016 in the wake of citizen killings by cops and the black lives matter movement, I had the idea to think up a new Constitutional amendment:
No executive agent of a State or of the United States acting under color of domestic law shall purposefully, capriciously, wantonly, negligently, or indifferently perpetrate or permit an abrogation of due process or substantial miscarriage of justice upon any person during a time and place of peace, natural calm, and civil order, and any executive agent who conscientiously refuses an order which would violate such protection shall be equally protected.
My idea was to reflect and protect civil rights. It could potentially open the door for 28 USC 2254 habeas relief on a freestanding actual innocence claim. And while conceived as miscarriage of criminal law, it remains open to allow federal courts to decide what other substantial miscarriages might exist such as employment, welfare, healthcare, or voting rights. It opens the door for international application as well on matters like extraordinary rendition.