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Wednesday, June 28, 2017

What should be in The Second Bill of rights? Draft

In addition to FDR's six Amendment proposals we esperately need:

  1. An amendment to protect rights of Natural Born Persons against Artificial persons.
  2. Nationalizing the Voting System and protecting Voting Rights for everyone
  3. Direct Election of the President

We Democrats must make our charter more functional. A Second Bill of Rights is more important than ever!

Note

This post follows on my post "establishing the second bill of rights" at:
https://holtesthoughts.blogspot.com/2017/05/establishing-second-bill-of-rights.html#more
Which in turn draws on FDR's ideas.
https://holtesthoughts.blogspot.com/2015/12/four-freedoms-and-six-basic-rights.html

General Ingredients

Careful language is vital. The more general or imprecise the language the bigger the loopholes are found by enterprising lawyers. Typically whatever isn't mentioned gets declared "not a right" by some lawyer. And if the language is too general, the lawyers read into it what they want it to say. Implementing this concept requires such a clear statement of principle and law that large numbers of people can readily see the importance of the amendments and get behind them. That is why we need to talk about this subject now. What should be in a Second bill of Rights?

I'm not a lawyer, but even if I were, this is a monumentally difficult task. The rights individually and collectively must state:

  • Purpose of the Bill generally and of each element,
  • What is required, what is to be prohibited, and what is to be protected and for who,
  • Each Term and concept must be clearly defined,
  • Who, what, where, when must implement it (usually Congress).

The text must follow examples from the past. Definitions are critical, since previous attempts at defining some rights have been hobbled by sloppy definitions.

Suggested Articles in the Second Bill of Rights

I'm wrangling with myself on the exact language, so this is a wag. I will probably put it up an leave it alone, but the exact list will change as we wrangle on what should be in it and how to word it.

Article One Purpose:

The purpose of government at all levels, from neighborhood to Federal and of Treaty Associations with other Countries, is the provide for an protect general welfare and well being of the whole people of this country. The whole people meaning the individual and natural persons for whom his government was constituted to serve, which includes all persons born in the country, citizens, residents, naturalized citizens, or persons born of citizens of this country. Corporations are artificial persons whose rights are contingent the protections necessary for them to Govern their own business and perform as agents of the natural persons who are their stakeholders. It is the duty of General Government to regulate Corporations appropriately for national and local needs; to protect individual rights to freedom of religion and speech, public safety and to provide for the common good.

Article One; Implementing the Common Good rights of Freedom from Fear And Freedom from Want

All citizens and legal permanent resident natural persons shall have;

  1. The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;
  2. The right to earn enough to provide adequate food and clothing and recreation;
  3. The right to farm the land in ones possession and sell the products at a return which will give the person and his family a decent living;
  4. The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;
  5. The right of every natural person and their family to a decent home and shelter;
  6. The right to adequate medical care and the opportunity to achieve and enjoy good health;
  7. The right to adequate protection from economic fears of old age, sickness, accident, and unemployment;
  8. The right to a good education.

With respect to vital goods and services, necessary to public safety and proper social function; as communications, telephones, internet, railroads, highways, water, health care, education and fuel supplies, etc., such business becomes a Utility, which should be controlled and managed by and for the whole people concerned, through their proper government, local, state or national, as may be.

Article Two: Reaffirming the rights to Freedom of Speech and Freedom of Worship

Equality of rights under the law shall not be denied or abridged by the United States or by any State to any natural born person on account of gender, national origin, race or creed.

Utilities such as a Free Press, the Internet and social media shall be managed in a way that protects free speech and access to information necessary to the function and integrity of a free nation.

  • The rights to Freedom of speech, assembly, worship and to representation shall not be infringed. The right to vote is a right of all natural persons from birth at the legal age of majority til they no longer can do so through death or complete incapacitation.

Article Three; Reaffirming Individual rights Against Government official malfeasance.

Natural Born Citizens are the source of any rights enjoyed by artificial persons or other entities. Any rights of artificial persons are contingent on protecting the rights of the natural persons they employ or serve, ensuring the general welfare and protecting the public purpose they were created for. Artificial persons exist for specific purposes of commerce or mission, and either must pay taxes or their owners and officers pay taxes on any unearned gains.

No government official, appointed or elected shall be above the law. No person may use secrecy to protect law breaking. But all investigations of the Government shall protect the privacy and safety of subjects, sources and witnesses until charges are brought. No act of law breaking may be classified as a secret by an official unless also denounced to an officer of the law and charges are brought against the alleged law breaker. The security of an independent Judiciary shall be respected and no person in the legislature or executive, including the Judiciary and law enforcement, shall be considered above the law. No act that would be deemed illegal by a jury in a common court may be declared legal by any official or lawmaker. Illegal use of the classification system shall be punished as criminal conspiracy.

No natural person may be denied access to courts or due process for redress of grievances, a right to a jury trial, or the right to appeal any administrative or lesser court decision for cause. No natural person may be arrested or detained without due process and notification of the reason for such arrest, detention and of their rights. No goods seized without due process review of such seizure and a conviction. This applies to all civil and criminal proceedings.

  • All proceedings of courts, legislature and executive that involve public decision making shall be broadcast to the public, recorded, and minutes made available within a reasonable time after they occur. Proceedings that are of sensitive matters may have those matters redacted from the public record for the time period where those matters remain sensitive, but no longer than necessary to protect reasonable security concerns. Officers of the court, of Justice an senior officials shall have the right to view proceedings on demand. Citizens shall have the right to request and receive information pertinent to themselves.

    The President shall be elected by popular vote. If neither candidate wins more than 50% of the votes cast, there shall be a run off election between the top two candidates. The Federal Government shall ensure the integrity of the vote. Voting machinery and processes in both the State selection processes and nationally shall:

    • be secure against outside tampering,
    • provide a verifiable record of the actual votes cast,
    • use reasonable verification methods of voters,
    • protect the right of all citizens to cast one vote in each election in the place where they claim permanent residence,
    • secure the anonymity of the voter,
    • utilize neutral, non-partisan and bi-partisan election judges in general elections
    • utilize neutral judging in primaries and local elections
    • Allow voting through the Post Office for any voter who wishes
    • provide reasonable rules for factional party membership and participation
    • Provide national parties with uniform rules for participation and open membership run by the members.
    • Provide poll places reasonably accessible to all working people and neighborhoods in the district.
    • use rational and consistent geographical rules for drawing district lines.
    • Shall ensure representation for everyone at some level of Government within the Federal System.

    Article 4 Implementation, Definitions and Clarifications

    Congress shall have the authority to enforce these articles by appropriate legislation. The people shall have the right to petition the government for redress through Federal Court, if any of these articles are violated. This amendment shall take effect immediately on ratification with two years to implement any changes necessitated.

    This is a Draft

    I wrote out these lists as a draft. Any actual Second Bill of Rights will be the product of Great minds working together. Not a Wild A$$ Guess of a treatise written by someone with no experience in office. But this is an important idea. We Democrats need to make fundamental changes. If we can we need to make them acceptable to Republicans too. I'm dedicating this effort to Harvey Kaye and Franklin Delano Roosevelt.

    Roosevelt Talking of the 4 Freedoms

    References

    "The right to a useful and remunerative job in the industries or shops or farms or mines of the nation;The right to earn enough to provide adequate food and clothing and recreation;The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;The right of every family to a decent home;The right to adequate medical care and the opportunity to achieve and enjoy good health;The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment."

    Related Posts

    Four Freedoms and Six Basic Rights
    https://holtesthoughts.blogspot.com/2015/11/second-bill-of-rights-versus-third-way.html
    https://holtesthoughts.blogspot.com/2015/10/reagans-subversion-of-four-freedoms.html
    https://holtesthoughts.blogspot.com/2015/10/a-progressive-agenda-gets-snooze.html

    Sources, Definitions and Further Readings

    Progress and Poverty Book I, Chapter 2 The Meaning of the Terms
    http://www.econlib.org/library/YPDBooks/George/grgPP3.html#Book%20I,%20Chapter%202
    http://origin.heritage.org/initiatives/first-principles/primary-sources/fdrs-second-bill-of-rights
    http://www.dailykos.com/story/2017/1/7/1617937/-The-Second-Bill-of-Rights
    https://www.thenation.com/article/seventy-years-let-us-renew-fdrs-struggle-economic-bill-rights/
    http://billmoyers.com/2014/03/07/remembering-franklin-delano-roosevelt-and-the-second-bill-of-rights/
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