Sen. Konni Burton (TP -Crazyville) has filed a bill that would create a new form of Texas municipality called a “Liberty City”. Sounds great but let’s look at the details. At it’s core, a Liberty City would not be able to enact ordinances that would be unconstitutional – or at least not violate the Constitution according to Burton. The specific references to the Bill of Rights include paraphrasing of the First, Second, and Fourth Amendments. Here is that section of the bill.
BILL OF RIGHTS OF A LIBERTY CITY
Article 1. The residents and governing body of a Liberty City recognize the fundamental natural rights of the people as protected and preserved by the United States Constitution and the Texas Constitution. The governing body of this Liberty City shall not enact an ordinance, resolution, or similar measure, or take any action, that infringes on the basic absolute and essential rights of the people.
Article 2. The right of the people to bear arms shall not be infringed.
Article 3. The right of the people to freedom of speech, including political and nonpolitical expression, and of assembly shall not be infringed.
Article 4. The right of the people to practice the faith of their choosing and to worship in both public and private places shall not be infringed.
Article 5. The right of the people to be secure in their persons and their property from unreasonable searches, including the collection of data, surveillance, and forceful search methods, conducted by an officer of the municipality without warrant, shall not be infringed.
Article 6. The rule of lenity is to be enforced in all applicable municipal proceedings.
So Burton has taken it upon herself to re-write the Bill of Rights to her particular liking, including a prohibition on warrantless searches (in contravention of decades of Supreme Court law creating exceptions for warrantless searches) and the allowance of church services in public buildings (forget separation of church and state).
A Liberty City would also not be allowed to have zoning or any form of comprehensive municipal planning, and all taxes and bonds would have to be approved by a supermajority of voters.
Red predicts that this one ends up on the Legislative trash heap where all of Burton’s offerings belong.