Tag Archives: new constitution series

The New Constitution: did I miss one?

I saw a Free Bradley Manning sticker on a car as I walked my dog this morning and it got me to thinking. Some months back I produced the New Constitution series, which set forth the principles upon a more just and workable American government might be based. The final “deliverable,” as we say in the business world, was 20 articles – some barely modified from the original Bill of Rights, some more aggressively revised, and some that are entirely new.

What that sticker and my morning walk have me wondering is if I need to add a 21st amendment protecting whistleblowers. Continue reading The New Constitution: did I miss one?

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The New Constitution: comprehensive statement of principles (draft)

CATEGORY: The New ConstitutionThe original plan when we began this project was to offer the amendments individually, invite discussion, then produce a final document. The course of the process, though, has made a couple things clear. First, there needs to be a period to discuss the entire document in context, and second, while the original “Bill of Rights” approach perhaps had a certain formatic elegance about it, the project is better served by a less formalized articulation of general principles.

As a result, what follows is a restructured draft that accounts for the discussions so far and that also adds some new elements that have arisen since the process launched.

We will compile a final statement of principles out of this discussion.

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1)    Organization, Composition and Conduct of Government

a)     Proportional Representation

i)      No political party representing a significant minority of the electorate – and here we suggest five percent as a workable baseline – will be denied direct representation in the legislature.

ii)     All legislative bodies shall be comprised proportionally according to the populations represented and all elected officials should be selected by direct vote of the people.[1]

b)     Public Financing of Elections

i)      In order to eliminate the corrupting, anti-democratic influence of corporate and special interest money on the electoral process, all elections shall be publicly financed. No individual will be allowed to contribute more than a token sum to an official, candidate or political party (perhaps the cap could be in line with the current $2,000 limit for contributions to presidential candidates).

ii)     All corporate, commercial and other private or publicly held entities shall be forbidden from contributing directly to any official, candidate or political party.

iii)   All citizens and collective entities are free to designate a portion of their annual tax contributions to a general election fund.

iv)    No contributions to the electoral process shall be allowed by foreign interests, either individual or institutional.

v)     Election funds shall be administered on a non-partisan basis and no candidate or party demonstrating a reasonable expectation of electoral viability shall be denied access to funding.

c)     Secular Government

i)      The government of the people shall be expressly secular. No individual, religious or quasi-religious entity or collective engage or seek to influence the course of legislation or policy in accordance with theological creed.

ii)     No government edifice, document, collateral, communication, or other production, including currency, shall make reference to religious concepts, including “god.”

iii)   No one shall, in any legal context, including legal processes or oaths of office, swear upon a sacred text.

iv)    Oaths of office shall explicitly require officials to refrain from the use of religious language and dogma in the conduct of their duties.

v)     No government funds shall be spent to compensate employees who exist to serve religious functions. This includes, but is not limited to, the office of Chaplain in various military bodies.

vi)    No religious institution shall be eligible for tax exempt status.

d)     Oversight of Covert Activities

No governmental entity shall conduct secret or covert proceedings absent ongoing oversight by a multi-partisan body of popularly elected officials.[2]

e)     Federal Autonomy

No state or local government entity shall assert special privilege or exemption with respect to established rights granted by the Federal Constitution.

2)    Individual Freedoms

a)     Free Speech, Press and Religion

i)      No government, corporation, commercial or private entity shall abridge an individual’s legitimate exercise of free speech. This includes all political, social and civic speech activities, including those criticizing the government, corporations and business entities and other collective organizations.[3]

ii)     The right of the people peaceably to assemble, especially for purposes of protest, and to petition for a redress of grievances will not be infringed.

iii)   The health of the nation depends on a vital independent check against public and commercial power. As such, no government, corporation, commercial or private entity shall be allowed to abridge the rights of a free and unfettered press.

iv)    Congress will make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

b)     Equal Rights Under the Law

i)      No governmental, corporation or commercial interest, or other private organization shall deny to any enfranchised citizen the rights or privileges accorded to others.

ii)     The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

c)     Freedom from Surveillance

i)      All individuals shall enjoy the right to privacy and freedom from systemic surveillance by governmental entities in the absence of a legally obtained warrant articulating probable cause against the individual.

ii)     The right of the people to be secure in their persons, homes, papers, data, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

iii)   All individuals shall enjoy the right to privacy and freedom from systemic surveillance and data gathering by corporate, commercial or other private or public entities unless they have specifically opted into such programs.

d)     Basic Human Rights

All citizens shall enjoy the right to shelter, nourishment, healthcare and educational opportunity.

3)    Conduct of Business and Commercial Interests

a)     Legal Standing

No corporation, business interest or any other collective entity shall be accorded the rights and privileges attending citizenship, which are reserved expressly for individuals.[4]

b)     Public Interest Standard

No corporate, commercial or other private or governmental entity shall be licensed, accredited or incorporated absent a binding commitment to serve the public interest.[5]

c)     Lobbying Restrictions

i)      In order to further the public’s interest in a free and independent legislature, elected officials shall not be allowed petition the body in which they served, either on their own behalf or on behalf of the interests of a third party, for a significant period of time after the conclusion of their terms.[6]

ii)     No person shall be allowed to assume a position charged with regulatory oversight of an industry in which they have worked in the past five years.

iii)   No elected official shall be allowed to assume a position on any legislative committee charged with oversight or regulation of an industry in which they have worked or held financial interest for the past five years.

d)     Collective Bargaining

i)      All workers shall have the right to organize for purposes of collective representation and bargaining.

ii)     In any publicly held commercial interest where a significant percentage of the workforce is represented by a union, the workers shall be entitled to representation on the corporate board of directors.[7]

4)    Citizen Responsibilities and Service

a)     Mandatory Service

i)      All citizens will, upon attainment of their 18th birthdays, enroll in a two-year program of public service, which may be fulfilled with either civic programs or the armed forces.

ii)     Enfranchisement will be earned upon completion of the public service commitment and a demonstration of a basic understanding of principles informing the political and policy issues facing the nation and the world.

b)     Right to Arms

i)      The right of an individual who has completed a two-year military service commitment to keep and maintain firearms appropriate to the common defense should not be infringed. [8]

ii)     The Federal government will establish guidelines by which enfranchised citizens may obtain firearms for reasonable purposes of sport and self-defense.

5)    Justice System

a)     Due Process and Fair Trials

i)      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against him or herself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

ii)     In suits at common law, where the value in controversy shall exceed five hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

iii)   In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of professional, trained adjudicators sanctioned by the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; defendants shall have the right to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for their defense.

b)     Punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


[1] This disposes of the Electoral College.

[2] An alternative might be to entrust the public court system with the decision. Make all documents automatically become public in N years (and make destruction a federal felony) but the government can petition a federal court to hold them as secret. Court uses a strict scrutiny standard to continue secrecy, advocates for release present arguments and can appeal a secrecy decision (no appeal on orders to release). (Submitted by Evan Robinson.)

[3] This does not prevent said entities from policing explicitly illegal behavior, such as theft of proprietary information or sexual harassment. (Suggested by Carole McNall.)

[4] This item overturns the Citizens United case.

[5] This item eliminates the narrow “interest of the shareholders” doctrine emerging originally from Dodge vs. Ford.

[6] It is suggested by multiple commenters that “a significant period of time after the conclusion of their terms” might best be changed to “forever.” This is a perspective with some merit. In truth, though, we’re discussing a body of people who possess expertise that can, in the right circumstances, be of benefit to the people. A term of five years, for instance, might serve to rid the system of revolving-door corruption without permanently eliminating the possibility that a highly qualified individual may be able to contribute to the public good.

[7] This practice is common in Europe and promotes an environment of collaboration, instead of confrontation, between management and labor.

[8] Weapons systems are constantly evolving and we are now perhaps within a generation of the point where lasers, thermal lances and other currently experimental man-portable devices might be viable. The term “firearms” in this document should not be construed as limited to the sorts of projectile weapons we’re familiar with, but should instead be taken in a broader context. (Suggested by Rho Holden.)

Acknowledgments

The New Constitution has been a long time in the making, and it would be the height of arrogance to suggest that I reached this point on my own. In truth, I’m an intensely social, extroverted and associative thinker, which means that if I have an interesting idea, it probably emerged from interactions with one or more other people. This is why I work so hard to surround myself my folks who are as smart as possible. If they’re brighter than me, as is often the case, that’s all the better because that means there’s more opportunity to learn.

Some of the people in the list below are known to readers of S&R and others aren’t. Some have played a very direct and active role in my political thinking in recent years, and others contributed less obviously in conversations, in grad school classes, in arguments and debates over beers, and so on. In fact, there are undoubtedly some on the list who will be surprised to see their names, but trust me, each and every one of them helped me arrive at the present intellectual moment. This doesn’t necessarily mean they all endorse the project or want their names attached to it, so if there are things that aggravate you, please direct those comments at me and me alone.

All that said, many thanks to:

Brian AnglissFrank BalsingerDr. Jim BoothDr. Will Bower

Dr. Robert Burr

Gavin Chait

Dr. Lynn Schofield Clark

Dr. Erika Doss

Dr. Andrea Frantz

John Hanchette

Sam Hill

Rho Holden

Dr. Stuart Hoover

Dr. Douglas Kellner

Alexi Koltowicz

Dr. John Lawrence

Dr. Polly McLean

Carole McNall

Stuart O’Steen

Alex Palombo

Dr. Michael Pecaut

Dr. Wendy Worrall RedalEvan RobinsonSara RobinsonKristina Ross

Dr. Willard Rowland

Dr. Geoffrey Rubinstein

Mike Sheehan

Dr. Greg Stene

Jeff Tiedrich

Dr. Michael Tracey

Dr. Robert Trager

Dr. Petr Vassiliev

Sue Vanstone

Angela Venturo

Dr. Frank Venturo

Pat Venturo

Russ Wellen

Cat White

Dr. Denny Wilkins

Lisa Wright

The New Constitution: Amendment XX – state’s rights

The New Constitution

Amendment XX

No state or local government entity shall assert special privilege or exemption with respect to established rights granted by the Federal Constitution.

Rationale

In a free society there is no reasonable excuse for an unequal application of law and justice, especially based on something as arbitrary as geography. Yet the US is built on the assumption that it’s perfectly acceptable for one person to have significantly fewer rights than another person who lives less than a mile away.

The “States’ Rights” doctrine arose as a means for assuring the preservation of slavery in the original Southern states (South Carolina in particular). That it was ever accepted in our nation is a stain on our legacy that we may never scrub clean. That we continue to tolerate any state’s claim that it is somehow exempt from the duty to provide fair and equal treatment to all of its residents is unconscionable.

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Index: The New Constitution Series

The New Constitution: Amendment XIX – right to organize

The New Constitution

Amendment XIX

All workers shall have the right to organize for purposes of collective representation and bargaining.

Rationale

Americans are fond of the idea of upward mobility, although in truth we now rank at or near the bottom for class mobility among developed nations. This wasn’t always true. The decline in American upward mobility has been a direct result of the attack on unions that we’ve witnessed since the dawn of the Reagan Revolution. No longer is there is a prescribed path to financial stability for those willing to work. In our union-busting political economy, you can work harder than ever and be just as poor as you started out.

We say we value hard work. Amendment XIX assures that the walk the talk.

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Index: The New Constitution Series

The New Constitution: Amendment XVIII – limiting lobbying by former public servants

The New Constitution

Amendment XVIII

In order to further the public’s interest in a free and independent legislature, elected officials shall not petition the body in which they served, either on their own behalf or on behalf of the interests of a third party, for a period of at least five years after the conclusion of their terms.

Rationale

As noted earlier on in the series, our system has been thoroughly co-opted by wealthy special interests, to the point where our elected leaders are barely responsive to the public will at all. A significant part of the problem arises from the revolving door between industry and government. This cozy old-boy network regularly finds “regulators” selected directly from the boardrooms of the corporations they’re now allegedly watchdogging and legislators leaving office to slide directly into positions where they can use their government contacts to lobby their former colleagues.

This system serves everyone nicely – everyone except the public. In order to make government genuinely responsive to the will of the people we must take significant steps to put an end to systemic influence peddling.

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Index: The New Constitution Series

The New Constitution: Amendment XVII – cruel and unusual punishment

The New Constitution

Amendment XVII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Rationale

Another one today that represents no change, although I’m very open to discussion on the term “cruel and unusual punishment.” This has historically been the center of any number of debates, and it may be time to articulate the concept in less ambiguous language.

Ideas?

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Index: The New Constitution Series

The New Constitution: Amendment XVI – trial by jury, double jeopardy

The New Constitution

Amendment XVI

In suits at common law, where the value in controversy shall exceed five hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

Rationale

No fundamental changes.

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Index: The New Constitution Series

The New Constitution: Amendment XV – fair and speedy trials

The New Constitution

Amendment XV

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of professional, trained adjudicators sanctioned by the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; defendants shall have the right to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for their defense.

Rationale

There is too much truth in the old joke about justice depending on 12 people who are too stupid to get out of jury duty. Time and time again, it seems, we watch as our legal system is subverted by cynical attorneys and juries comprised of people selected because they’re less educated or easily manipulated.

The New Constitution proposes a system where cases are decided by juries drawn from a pool of trained, independent professionals familiar with the law and the nuances of our justice system. Society and defendants alike deserve fair trials resolved upon the evidence.

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Index: The New Constitution Series

The New Constitution: Amendment XIV – basic human rights

The New Constitution

Amendment XIV

All citizens shall enjoy the right to shelter, nourishment, healthcare and educational opportunity.

Rationale

Too much mischief has been accomplished under the guise of the rabid social Darwinian dogma that people don’t have a right to a basic standard of living, a toxic ideology that over time has tended to divide the people into two camps: the haves and the parasites.

The New Constitution rejects this ideology outright and asserts that we all benefit from a society that doesn’t accept extreme poverty, blaming the underprivileged for a condition that all too often arises from the indifference of the wealthy.

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Index: The New Constitution Series

The New Constitution: Amendment XIII – due process of law

The New Constitution

Amendment XII

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against him or herself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Rationale

Unchanged.

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Index: The New Constitution Series