Bill of Rights for the 21st Century

[Voronwë the Faithful]

I have come to the conclusion that we need a new Bill of Rights for the 21st Century and that the only long-term answer to the likelihood of a Supreme Court dominated by justices appointed by Mr. Trump is to amend the constitution to protect these rights. This is literally written off the top of my head, and obviously could and should be improved, but I think it covers the most important rights that I believe need to be protected and enhanced. Passing and ratifying these amendments to the U.S. Constitution would obviously take many years, but I believe that the process needs to begin, and it has to start somewhere. My apologies to those who disagree.

[Impenitent]

I'll have to let this simmer before I can decide whether I have anything cogent to say. I'm spreading the word amongst my buddies who are US citizens, as they are the ones who matter.

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[Voronwë the Faithful]

Here is the updated version:

[elengil]

I would modify 5. I don't know what I'd say exactly, but to me the most important aspect of a woman's right to an abortion is not privacy, but whether the government can lawfully force a person against their will to use their body to sustain the life of another person. We don't allow forced blood donation, we don't allow forced organ donation - we don't even allow the organs of a corpse to be harvested unless they gave consent prior to death. We give more bodily autonomy rights to a corpse than a pregnant woman. We specifically outlaw the *market* of human organs because of the ability of that to become corrupted to the extreme detriment of society.

I feel the core issue is that a woman should not be forced to use her body to support another's life against her will just as we don't force any one else to use their body to support another's life against their will, either. I understand that aspects of pregnancy certainly fall under privacy, but I would rather expand the concept as it can be applied to anyone - no one should be forced to use their body against their will to support another's life. That applies to men and women, cis and trans, adults and children. Across the board, this should be a universal understanding of bodily autonomy.

I heartily endorse #10 but feel it should be split into it's two parts. I know you seem to be going for that magical number 10 but...


#7 suffers from using words without defining them. What exactly is "reasonable"? What is reasonable to one is not reasonable to another. Is there less ambiguous terminology you can use?

[Voronwë the Faithful]

Given the history of Griswold and Roe, I don't think the right to choose can or should be separated from the right to privacy.

[Voronwë the Faithful]

I will consider how to tighten the language in number 7. It is a tricky one.

As for 10, I think rather than separating them I will attempt to add some language better connecting them.

Thank you for your input! It is very helpful.

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[Cerin]

Voronwë, would it be possible (without going to too much trouble) to make your bills small enough that they fit in the normal field?

[Túrin Turambar]

While these certainly address many of the issues, I have to wonder if this isn't a bit like using a screwdriver to hammer in a nail. Take healthcare, for example, I can't think of a country off the top of my head which came to provide universal healthcare because a right to healthcare was written into its constitution. Similarly, I wouldn't phrase dealing with climate change as a right.

I've always felt that one of the problems with the U.S. Bill of Rights was that it was too prescriptive rather than not prescriptive enough. And if it was to be changed, the real barriers to these reforms are probably the First (Citizens' United) and Second (Heller) Amendments as they are worded now.

[Voronwë the Faithful]

Túrin, with regard to health care, the reason it is necessary is that the U.S. Supreme Court is very likely to expand on its previous ruling that the existing provisions of the U.S. Constitution do not grant Congress the authority to pass a law like the ACA. And while I don't think that holding should be able to be expanded to cover a true universal health care law, I think that it is necessary to leave no loopholes.

Climate change is a different story, and I agree that action cannot be compelled by a constitutional provision. But it is too important to ignore and since we are currently the only country in the world to refuse to participate in global efforts to address the issue, it seems paramount to add it to the constitution.

Cerin, I took care of it. Thanks for asking!

[Voronwë the Faithful]

I have significantly rethought this in the plain light of a new day. As important as I think climate change as well as slavery and Native American reparations and elder and poverty rights are, I now have concluded that they cannot be addressed in this forum. Instead, I have added a specific protection of the fundamental right of marriage (ironic, I know, given my own situation), and made choke holds and no knock warrants unconstitutional, as well as separating out the provisions of what had the tenth item, as elengil suggested. Here is the new version:

[elengil]

(ironic, I know, given my own situation)

I am unfamiliar with why your situation would make this ironic. Of course, I am also just generally unfamiliar with your situation.


I desperately want to add something about voting to this as well. Protections for voters, voting days being national holidays, voting registration being automatic at 18, etc.

[Voronwë the Faithful]

(ironic, I know, given my own situation)

I am unfamiliar with why your situation would make this ironic. Of course, I am also just generally unfamiliar with your situation.

Beth and I have been together 35 years (as of next month) and have never married, and it is a subject that has come up a few times here in the past, before you were around. Here is one from about 12 years ago:

http://thehalloffire.net/forum/viewtopi ... 95#p133495

(That whole thread is a fascinating read, if you have the time.)

Voting rights are pretty strongly protected already by the 15th Amendment:

Section 1
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2
The Congress shall have the power to enforce this article by appropriate legislation

I think it is more a question of Congress exercising that power than adding to it.

I am, however, still playing with the idea of replacing the electoral college with a national popular vote.

[elengil]

(ironic, I know, given my own situation)

I am unfamiliar with why your situation would make this ironic. Of course, I am also just generally unfamiliar with your situation.

Beth and I have been together 35 years (as of next month) and have never married, and it is a subject that has come up a few times here in the past, before you were around. Here is one from about 12 years ago:

I don't see how not being married makes wanting there to be marriage protections ironic. It's more like if you had been actively campaigning against marriage at all that would make it ironic. This just makes it rational: even if I don't want it, doesn't mean I don't want others to be free to have it if they want.

Voting rights are pretty strongly protected already by the 15th Amendment:

Unfortunately I don't agree, and they seem to take every opportunity to encroach on them. Especially gerrymandering and the like. I don't know what the solution is, but I really want there to be something that actually displays proportionate representation of voters in government.

[Voronwë the Faithful]

I think gerrymandering may be able to be addressed. Other issues of voter repression may be difficult

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[Voronwë the Faithful]

Edited again. It is now on two pages, and the Amendments are numbered beginning with 28 (since there are currently 27 ratified amendments). There are now only seven amendments, as I have combined some and broken them into sections, consistent with many of the existing amendments. I did include a repeal of the electoral college, and a ban on gerrymandering. And, of course, it is still very much a work in progress.

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[Voronwë the Faithful]

One last edit, adding a ban of capital punishment:

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Here is the Facebook page I have created: https://www.facebook.com/WeCANraisetheBAR

[Voronwë the Faithful]

This is where this currently stands:

https://www.campaignforanewbillofrights.org/

NEW BILL OF RIGHTS

First (28th Amendment)
Section 1
Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex or gender.
Section 2
Notwithstanding the right of religious freedom granted by the First Amendment, no person can be denied equal protection under the law by the United States or by any state because of their sexual orientation or gender identity.
Section 3
The fundamental right of marriage cannot be denied because of the gender of two consenting adults.

​Second (29th Amendment)
Section 1
The right of privacy shall not be denied or abridged by the United States or by any state.
Section 2
Neither the United States nor any states shall abridge any person's reproductive rights, including the right to choose whether to use contraception or to terminate a pregnancy.

​Third (30th Amendment)
Section 1
Notwithstanding the Thirteenth Amendment, neither slavery nor involuntary servitude shall be imposed on any person as punishment for any crime within the United States, or any place subject to their jurisdiction.
Section 2
No person incarcerated within the United States, or any place subject to their jurisdiction, shall be subject to policies that intentionally discriminate against them or adversely impact them in any way because of their race, color, or national origin.

Fourth (30th Amendment)
No person shall be condemned to the death penalty, or executed for any crime within the United States, or any place subject to their jurisdiction.

​Fifth (33nd Amendment)
Section 1
In any civil action brought in any court in the United States and all the states alleging that a law enforcement officer violated the rights of any individual, it shall not be a defense or immunity that the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that his or her conduct was lawful at the time when the conduct was committed.
Section 2
No person shall by subject to the application of any pressure to the throat or windpipe, use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints which prevent or hinder breathing under color of law.
Section 3
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures requires that a law enforcement officer may not execute a search warrant without first after providing notice of his or her authority and purpose.

​Sixth (33rd Amendment)
Section 1
Notwithstanding the First Amendment protection of free speech, the United States and all the states have the power to regulate independent political spending and the financing of election campaigns by appropriate legislation.
Section 2
The provisions of Article II, Section 1 and Amendment 12 providing for the election of the President and Vice President by electors chosen by the states are repealed and replaced by a national popular vote administered by the states on the first Tuesday of November of the last year of the current President’s and Vice President’s term. Any person running for the office of President or Vice President is required to publicly reveal their tax returns filed with the United States Internal Revenue Service for the previous ten years no later than two months before the date of the election.
Section 3
Political districts may not be drawn to favor or disfavor any political party, incumbent legislator or individual. Districts must be drawn to respect the boundaries of cities, counties and towns. Districts must not be drawn to abridge minority communities’ ability to elect representatives of their choice. Districts must be compact and contiguous, not far-flung or disconnected.

Seventh (34th Amendment)
Section 1
Health care is a right for all persons living in the United States.
Section 2
No person living in the United States may be denied health care coverage or penalized financially or otherwise by any health care coverage provider due to any pre-existing conditions or their current health status.
Section 3
The Congress shall have power to enforce this article by appropriate legislation.

​Eighth (35th Amendment)
Section 1
Notwithstanding the Second Amendment, there is no individual right to bear arms protected by the constitution.
Section 2
The Congress and all the states have the power to regulate the ownership and operation of firearms and other weapons by appropriate legislation.

​Ninth (36th Amendment)
Section 1
The power of the president to issue executive orders is limited to those powers enumerated in Article II.
Section 2
The use of military force must be specifically authorized by an Act of Congress, except in situations in which an imminent, direct threat to the actual territory of the United States is threatened.
Section 3
The president is subject to criminal prosecution to the same extent as any other citizen of the United States.

Tenth (37th Amendment)
The Congress and all the states have the power to enact appropriate legislation to address the threat of climate change resulting from natural and/or human causes and to protect and preserve the natural environment.

[Voronwë the Faithful]

I sent out a first batch of mailings to selected local, state and national leaders and NGO organizations. We'll see whether it generates any interest.

[elengil]

Notwithstanding the Thirteenth Amendment, neither slavery nor involuntary servitude shall be imposed on any person as punishment for any crime within the United States, or any place subject to their jurisdiction.

I would simplify this to just

Neither slavery nor involuntary servitude shall be imposed on any person within the United States, or any place subject to its jurisdiction, under any circumstance.

It may be better to use this amendment to repeal the 13th and replace it rather than attempt to work within it, as it would leave a contradiction in the constitution.


Which then again brings up

Notwithstanding the Second Amendment, there is no individual right to bear arms protected by the constitution

I am not sure how you reconcile this with the 2nd, to be honest. I would think it would likewise require the 2nd to be repealed and replaced with new language rather than have potentially conflicting amendments actively in the constitution.


I would also add some limit to the president's power of pardon to exclude the president, or in cases in which the president is involved as a defendant or co-defendant, or where the pardoned person would also be expected to act as a witness against the president.


Also want to add to:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures requires that a law enforcement officer may not execute a search warrant without first after providing notice of his or her authority and purpose.

Authorities are responsible for all properties seized or damages incurred in all cases except those ending in lawful prosecution, where the seized or damaged property is directly related to the charges levied. Any seizures that do not end in related prosecution must be returned in full or the full replacement monetary value be assessed and restored in the case of property damage. Properties held or damages paid must be accomplished in full to the lawful owner within 30 days of acquittal, or within one year from date of seizure or damage if no charges have been filed or no trial has occurred.


Obviously I'm not a lawyer, and these would need to be legalesed up...

[Voronwë the Faithful]

Thank you for your thoughts.