2 votes
Apr 30, 2015

I've got several suggestions for amendments, but the one that is most important to me is that I want to see Section 1 of the 14th Amendment re-written. Specifically, this sentence:
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."

That sentence is far too vague, and the way that the US Supreme Court interprets it is far too often to take advantage of the vagueness to strike down laws that they do not like. The Court itself has claimed that, with regards to the Due Process Clause, "Our obligation is to define the liberty of all, not to mandate our own moral code." Two problems: 1) the first half of that assertion is completely false, nothing at all in the Constitution obligates anyone to define liberty, and 2) there is no way to do that task objectively, such decisions have to be subjective, and therefore the second half of that statement is completely and outrageously hypocritical. The Court mandates its own moral code whenever it decides when a person deserves to have liberty from a law made by a legislature, and the "liberty" did not come from any other clause of the US Constitution. Likewise, the use of the Equal Protection Clause is completely subjective.

I have drafted a re-write of Section 1 of the 14th. My proposal is that the states should continue being obligated to respect MOST, but not all, of the rights enumerated in the Bill of Rights. My proposal leaves the 2nd Amendment out, so states are allowed to adopt gun control measures, and I specifically say that McDonald v. Chicago will be void. But the courts are not obligated or permitted to "define liberty," or decree that states have to respect any "unenumerated rights." I also say in my proposal which kinds of discrimination states are not allowed to engage in: discrimination based on race, national origin, sex, or religion. The equal right to vote shall continue to be respected; the principle of "one person, one vote" shall continue to be enforced; and redistricting must be done by independent redistricting commissions, not state legislatures. Lastly, I conclude with a brief paragraph that condemns the Bush v. Gore decision.

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