An amendment proposal...
ARTICLE Preamble. This amendment to the Constitution of the United States is intended to address interpretational issues of the same. Should it not pass within seven (7) years from consideration then it shall be deemed removed. Section 1. We the people re-affirm our role as the sole fundamental authority in the United States of America. All other political, civil, criminal, and legislative authority derives from it. Re-affirming the integrity and respect due the 9th and 10th Amendments. And further clearly affirm the equality of the federal & state governmental bodies with that of the people. There is no heirarchy of authority between the three. We further clearly stipulate that any right of the people is to be fully and honorably respected to the individual. Section 2. We the people re-affirm the supreme authority of the Constitution over all courts and rulings thereof, including the Supreme Court of the United States of America. As directed by the 9th Amendment, no case brought before a judicial body may be based on whether a citizen has a right not described in the Constitution. And further, as required by the 10th Amendment, all legislative and regulatory rulings shall be delegated by at least one sentence in the Constitution, without exception. When making consideration of such Constitutional support the Constitution must be considered point by point and as a whole. Section 3. The exact nature of the 1st. Amendment and Congressional authority has been brought into consideration. The 1st Amendment coupled with the 9th and 10th Amendments clearly stipulate that these issues are resolved at the state or individual level. All current and future legislation must respect these, and other, prohibitions in the Constitution of the United States of America in full and without exception. Section 4. The exact nature of the 2nd. Amendment and Congressional authority has been brought into consideration. The 2nd Amendment prohibits any law, not just Congress as in the 1st, from prohibiting the ownership of firearms to the people. This does not mean that both private and public agents may not regulate the carrying and use of such weapons within their authoritative bounds. It is to be further clarified that no national requirement for registration or licensing is permitted. States may license within the bounds of their individual constitutions. Section 5. To clarify the reporting requirements of the national budget it is directed that such reports be made in full and in public every 20 years from the date of this amendment going into force. The original wording is not sufficiently clear to enforce the fiscal responsibilities of our elected officials. No federal agency or agent thereof is exempt from this reporting requirement. Section 6. The concept of individual privacy is hereby clearly recognized as being held by all peoples. No agency of any civil, legal, military, or executive authority may infringe this right without just cause. This right shall include all communications, writings, storage media, and other technologies used in the creation, execution, and storage. No authority within the United States of America may prohibit the publishing of any document or other media. The rights of ownership and copyright shall be respected to the legal holder. Section 7. While there is clearly a need for secrecy of governmental workings to protect the national interest, there is no need in a democracy to have this be carried indefinitely. It is to be directed that all materials held in any form or manner by the federal government or its agents shall be released in full to public scrutiny via the Library of Congress. These documents shall be required to be released 20 years after their initial creation. In some cases Congress may feel it necessary to extend this time limit. In whatever case Congress may not extend that lifetime in secrecy past 100 years from intial creation of the material. Section 8. A clarification of copyright. While it is clear that the author of a work should derive a period of just compensation from being a sole rights holder that requirement should not extend indefinitely. Congress is directed to decide on a just suitable time period for sole rights expression. At the end of that time all sole rights become public domain. The long term public good demands it. Section 9. Abortion is a social issue of which we recognize no clear solution without repressing some civil liberties. Since we are prohibited in principle and print from such actions we must decline authority in these issues. Per the 10th Amendment we recognize the supremacy of the state constitutions and legislative bodies in this matter. However the individual states may decide the issue the federal government will provide full support and protection to each from violent oppossition from within or without the individual states. Section 10. The federal government is required to guarantee representative governments in all states. This does not include requiring any particular form or function within those states representative governments, only that they be representative. The federal government may not withhold federal services or resources of which state derived tax dollars are involved even if a state is in direct violation of federal laws and regulations. Section 11. The use of military forces or its resources in and for civilian law enforcement operations within the borders of the United States of America, and its territories and protectorates is prohibited. This prohibition is specificly to include in times of war or civil unrest. The only permissible use of such forces is in disaster recovery and in those cases they are released to state control. The only Constitutionaly authorized force for insurrection and civil unrest is the Militia. It is permitted to transfer a unit from the regular military to the militia. Such a transfer requires all lines of authority and responsibility to derive from the militia. Such a move must be authorized by Congress except in times of war where such authorization is considered implicit. Section 12. Membership in the military, law enforcement, or other civil position is sufficient for the infringment of any civil liberties. Democracies don't give up democracy to protect democracy. Section 13. Public law enforcement agents are prohibited from unnecessarily putting the people in danger. This shall include actions or rulings which put the people in danger. We further stipulate that the police are to be held accountable for their actions which result in negligent or criminal consequences. The concept of civil or legal agents being exempt from consequences because of office are repudiated. The people who swear an oath to uphold the laws of this land are not exempt in any situation from those laws. ____________________________________________________________________ To know what is right and not to do it is the worst cowardice. Confucius The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------
Section 6. The concept of individual privacy is hereby clearly recognized as being held by all peoples. No agency of any civil, legal, military, or executive authority may infringe this right without just cause. This right shall include all communications, writings, storage media, and other technologies used in the creation, execution, and storage. No authority within the United States of America may prohibit the publishing of any document or other media. The rights of ownership and copyright shall be respected to the legal holder.
Your scope of privacy seems to be rather narrow. It is not only communication. Privacy is also needed on public places (e.g., violated by face recognition systems), at work places (e.g.,violated by telephone tapping), for your body (e.g., endangered by abortion control), Copyright protection is only one way of hiding subsidies to industry. The amount of money which is sometimes claimed in relation to copyright violation is wishful thinking. If copyright protection would work, then the value of sold products will be much less. A very small number of people would buy the product for the regular price. On the other hand with piracy, the market share is growing extremely fast. The current situation is hypocritical, because industry wants both. Theodor Schlickmann
participants (2)
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Jim Choate
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Theodor.SCHLICKMANN@BXL.DG13.cec.be