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People’s Rights (?) Amendment

(c) Earl L. Haehl  Permission is given to use this article in whole as long as credit is given.  Book rights are reserved.

Imagine waking up and dealing with the fact that your email account has been used as a conduit of really insipid spam. And then you decide to do a run through of the morning’s news. The usual inching toward an unjustified and stupid war on Iran because the current occupant of the White House does not understand history or geopolitics well enough to evaluate what his venal advisers tell him. Either that or he is with the Wilsonian program of military adventurism to spread “democracy” throughout the world. Then, on infowars.com you pick up Nancy Pelosi nattering about amending the constitution to “undo” the damage the Supreme Court did in Citizens United.

If you want to read their story here is the link.

http://www.infowars.com/nancy-pelosi-wants-to-amend-the-first-amendment/

So the basic idea is that the “founders” intended this to be a democracy and the Supreme Court had thwarted that dream by allowing the “slime” of big money to control our elections.

Let’s get rid of some assumptions.

Let’s talk about how democratic our Constitution really is.

“The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,)…” The words in parentheses were unfortunately removed by the Seventeenth Amendment, thereby making Senators the least accountable public servants outside TSA. Federal Judges serve during good behavior and Congress has power to impeach. Prior to 1913, a Senator could be removed by a legislative resolution—no signature by the governor needed. This is not Democracy, but rather a shield against democracy.

And as to whether the “Founders” intended a democracy, I will quote one of my two favorite members of the Convention, Benjamin Franklin. A woman approach Dr Franklin and said something to the effect of, “So what have you given us, Dr Franklin, a democracy or a monarchy?” Dr Franklin answered, “a Republic madam, if you can keep it.”

Ms Pelosi wants to convince Americans that this is a democracy subject to the will and tyranny of the majority rather than a constitutional republic where there are restrictions upon governmental powers.  She fails in this.

My other favorite member of the Convention is George Mason who walked out without signing the document because it did not include rights. His actions galvanized the anti-federalist movement to demand a Bill of Rights. No, the first amendment was not the idea of the founders, but of the anti-federalist faction.

Hamilton, Jay, Madison, Washington, John Adams were opposed to the Bill of Rights. The first four believed it to be unnecessary although Madison “came around” after time “in the woodshed” with Jefferson and Mason. Adams was a reluctant Patriot—he believed that the President should have absolute power in emergencies and that the country needed an army rather than a militia (except for the armed thugs he sent out to deal with his enemies in the press). In Massachusetts it fell to others, primarily Sam Adams, Elbridge Gerry and Mercy Otis Warren to fight for ratification of the Bill of Rights.

New York, where Governor George Clinton prevailed over Hamilton, and Virginia, led by Patrick Henry, insisted on the amendments we now call the Bill of Rights as condition precedent to remaining in the compact—these were the days before Daniel Webster claimed the Union was indissoluble. Without New York and Virginia, the United States would have foundered.

Ms Pelosi is a hack politician, who like so many on both ends of that road from the Capitol to the Executive Mansion, lacks a grounding in history and the Constitution. The “Peoples’ Rights Amendment” reads as follows:

Section 1. We the people who ordain and establish this Constitution intend the rights protected by this Constitution to be the rights of natural persons.

Section 2. People, person, or persons as used in this Constitution does not include corporations, limited liability companies or other corporate entities established by the laws of any state, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected state and federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.

Section 3. Nothing contained herein shall be construed to limit the people’s rights of freedom of speech, freedom of the press, free exercise of religion, and such other rights of the people, which rights are inalienable.

This reads like a high-school debate topic. What this lacks is the prohibitory nature of the First Amendment which reads:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

To be absolutely honest, the Democrats who are responsible for this do not realize that:

1. Congress will no longer be prohibited from establishing a religion, as long as it permits free exercise. In other words, the establishment of secularism like France with the universal ban on public display becomes possible. Rights provided by the government may also be regulated by the government.
2. The people’s rights presumes a collective, rather than an individual right. Such rights, if spelled out, become rights granted rather than rights recognized. There is difference. This basically allows the regulation of rights in which they become privileges.
3. If a corporate entity is no longer recognized as a legal person, then it can neither sue nor be sued because it does not exist. It could not be held liable in tort nor could it be liable to pay fines or taxes. Nor for that matter could it be outlawed. The non-profits that both sides of the spectrum use to run surveys and disseminate both information and disinformation would have no corporate being to receive funds.

There are probably, among the sponsors, some who understand the consequences fully and would merely assume all corporate powers into agencies of the government—the United States could have as efficient an economy as the Soviet Union.

UPDATE 07MAY2012

Having read George Will I see the author of this travesty is Rep Jim McGovern (D-Mass). That the author is from Massachusetts should really surprise no one. Massachusetts is home to John Adams, Second President of the United states and reluctant member of the committee that wrote the Declaration of Independence. It is not that John (unlike his smarter Cousin Sam) was happy with the King but rather that he would have preferred a Cromwell type rebellion. John Adams, while President, ignored the Bill of Rights and sent thugs to punish his enemies in the press. B.F. Bache, publisher of the Philadelphia Aurora and grandson of Benjamin Franklin, was beaten severely and his press significantly damaged. He was unable to return to publishing.

Mr McGovern would do well to emulate John’s smarter cousin Sam and his anti-federalist colleagues Elbridge Gerry and Mercy Otis Warren who pushed the limitations on government which protect us from the “tyranny of the majority,”

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One thought on “People’s Rights (?) Amendment

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