A Constitutional Convention
For years I have resisted the idea that we need a constitutional convention to revise the Bill of Rights and rethink the other constitutional amendments. I feared that many of our most precious rights would have been lost in such a convention. After all, the caliber of the people chosen to represent us would have been similar to the caliber of the people running for President. But I finally have come to the conclusion that a constitutional convention is necessary.
Why do we need a constitutional convention? Let us look at the situation with our constitutional rights. The first amendment provides our right to freedom of religion. It is not hard to see after Waco and El Dorado that freedom of religion means freedom to be a member of some mainline Christian faith. It has nothing to do with dissident Christians, Jews, Muslims, Hindus, Buddhists, Taoists, or other groups like Wicca and Santeria. We need to be really, really clear that Congress has no authority over religion at all. The two are separate. The Churches may preach what they please and the Congress shall keep its nose out of religion. Further, it is clear that Evangelical Christianity has become the defacto State Religion. We need to assert the absolute right of people to be free from the opinions of other faiths.
The question of marriage is a religious matter. The government should get out of the marriage business. Polygamy, same-sex marriage, so-called underage marriage, masturbation, polyamory, all those sexual matters must not be programmed by a particular religious view.
The press must be free. Reporters must be immune from suit for keeping the names of their sources from government interference. We must know what the government does not want us to know. Why? Because bureaucracies are inherently anti-democratic.
We have a right to assemble for the purpose of petitioning the government and redressing our serious concerns. Closing off government buildings from the people by barricades, scanners, and police at every door is opposed to freedom. Open up the buildings. Open up the White House.
We have an individual right to carry a gun. We need those guns to create private militias to protect ourselves against governments that get out of control, like stealing 416 children to indoctrinate them into Texas Mass Church Evangelistic Christianity. The Social Compact has been broken in Texas and revolution is justified by those who broke the compact.
We have a right to be free from government surveillance in our homes. Because the government can sit on the street and listen to everything we say in our homes and because the government can without justification listen to our phone conversations, we must make it clear that the government may not eavesdrop on our conversations.
Because the right to be free from unlawful searches and seizures has ceased to exist due to the Supreme Court's failure to interpret the law in strict obedience to the Constitution, we must simply say no more searches and seizures without the right of the person to be searched and seized being present to argue against the warrant. No more stop and search. No more knock and enter. It stops.
The fifth amendment is seriously compromised. We must require grand juries that have a right to demand information from prosecutors. We must demand that war and public danger be defined by the Congress, not the President. We must stop the use of DNA without a persons consent. We must end the so-called eminent domain for the use of redevelopment.
The sixth amendment requires public trials. Public trials mean trials that the public can see. All trials should be videotaped so that people can access them and see if justice has been dealt out. We need to be able to see the judges in action so that they can be voted out. Impartial juries means people who are not prone to be swayed by personal opinions. All persons should be eligible to serve, including convicted criminals. The right of jury nullification should be explained to a jury during the time of its inpanelment. The accusations of the State should be specific so that defendants may defend against real allegations. The age of a complainant or alleged victim should be no defense against testifying and that face to face confrontation should be guaranteed. The government should provide investigators as well as lawyers for indigent defendants so that the right of compulsory process is real.
The seventh amendment guarantees the right of jury trial. We should re-establish the right of jury trial for all kinds of suits brought in Federal Court, including tax matters.
The eighth amendment is meaningless when the bail is so high that only the rich can bail out. Fines that would take a lifetime to pay are unjust. We should carefully look at cruel and unusual methods of locking people up instead of physical punishment.
The ninth amendment guarantees the right of the people to raise their children in peace, to teach their children as they wish, to raise their children in the religion of their choice, to be secure in their own home, to decide when their life should end, to decide when life begins, to decide whether to wear a helmet when riding a bike or motorcycle, to decide whether they will in private ingest drugs, alcohol, cigarettes, or other dangerous materials, to be able to control their own bodies short of murder to another living being, to use or not use communication devices, to have freedom of person even when they are public officers, like lawyers and doctors, and so many other rights that were inherently ours in a free society. We need to definitively state that those a matters in which the general welfare must give way to the specific individual rights.
The tenth amendment was lost during the Civil War. We must either guarantee state's sovereignty or eliminate the autonomous nature of our provinces. We the people must recapture our freedom from the Federal and State Tyranny.
The electoral college should be abolished. Proportional voting should become the norm in federal elections. The political system that allow multiple parties should be allowed in America.
We should seriously rethink what is a crime. We should define criminal activity more closely. If however a person is convicted of a serious crime, they should be subject to slavery rather than the cruel and inhumane activity of imprisonment that we now practice. No one should be enslaved because of crimes of another.
The Fourteenth Amendment has become abusive and has allowed the United States government to increasingly involve itself in local affairs. This convention should guarantee that the provisions of the fourteenth amendment are present in the constitutions of the various states and leave it to the states to enforce. The remainder of the Fourteenth Amendment should be abolished.
The Fifteenth Amendment should be changed to guarantee that age and gender should not be a barrier to voting and that any one old enough to be able to request a ballot may vote. Neither should incarceration be a barrier to voting.
The Sixteenth Amendment should be abolished.
With the rethinking of the party system, we should rethink the need for a Senate. The Seventeenth Amendment should be abolished.
The Eighteenth Amendment has been abolished and the twenty first amendment should be abolished.
The Nineteenth Amendment was dealt with in the new Fifteenth Amendment.
The twentieth Amendment should be part of the constitution as the rest of these amendments shall become.
Amendments 22, 23, 24, and 25 should be part of the constitution.
Habeas corpus laws should be strengthened. Although the President is commander-in-chief, his right to commit soldiers to action without prior approval of Congress should end. The draft should be abolished. The American people ought to periodically decide whether we should continue armed conflicts.
Lastly, the concepts of the Social Compact should be incorporated into our law and a new office, the Federal Ombudsman, should be created to argue for the people and against any derogation of their rights. If he disagrees with an act of the President, the Congress or the Supreme Court, he should be allowed to place the issue on the next national election as a referendum of the entire Republic.
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