(Re)Writing a New Constitution

[MiloMinderbinder]

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My constitution:

Preamble: All men are created equal.

Article 1: Thou shall not steal.

Article 2: Thou shall not kill.

Sign here: X__________________



PS: there's really only one article. DUCY?



What if I steal anyway?



Then you broke the rules.



And?

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there is enforcing legislation. like the amendment that prohibited alcohol didn't have enforcing legislation but it provided for it.

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What does "legislation" mean in this context?

[PLOlover]

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What does "legislation" mean in this context?

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http://en.wikipedia.org/wiki/Volstead_Act

you can hear kevin costner say you're under arrest for violation of the volstead act in some scene of the untouchables.

[pvn]

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My constitution:

Preamble: All men are created equal.

Article 1: Thou shall not steal.

Article 2: Thou shall not kill.

Sign here: X__________________

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PS: there's really only one article. DUCY?

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What if I steal anyway?

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Then you broke the rules.

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And?

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And what? Ask your question.

[Roland32]

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My constitution:

Preamble: All men are created equal.

Article 1: Thou shall not steal.

Article 2: Thou shall not kill.

Sign here: X__________________

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PS: there's really only one article. DUCY?

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What if I steal anyway?

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Then you broke the rules.

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And?

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And what? Ask your question.

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There is no remedy

[MiloMinderbinder]

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What does "legislation" mean in this context?

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http://en.wikipedia.org/wiki/Volstead_Act

you can hear kevin costner say you're under arrest for violation of the volstead act in some scene of the untouchables.

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I meant that there's no legislature designated in this hypothetical constitution.

[PLOlover]

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I meant that there's no legislature designated in this hypothetical constitution.

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good point lol.

true although in the biblical system there is no legistlature, although specific penalities are laid out there.

[flaja]

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I don't think SS and welfare are allowed by the constitution anyway, but of course it hasn't stopped them.

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Social Security is constitutional in that it regulates interstate commerce. Just because a government program is unwise, or is unacceptable to libertarians, does not mean it is automatically unconstitutional.

Furthermore, the general welfare clause of the Preamble clearly declares that insuring the general welfare is within the scope of the federal government.

[flaja]

I would revise the Bill of Rights:

I. The United States having been founded upon Judeo-Christian principals, the American People recognize the Lord God of Israel as the originator and guarantor of their rights and liberties, but neither the Congress, nor the separate states shall make any law establishing a religion or prohibiting the free exercise thereof.

II. Sedition shall be the intentional communication of any slanderous, libelous or otherwise false information pertaining to a member of the armed forces of the United States, or a member of the militia of any of the several states when in service to the United States, or any person who holds an office of public trust under the United States or any one of the several states or any person seeking election thereto. Congress and the legislative authorities of the several states may make laws to punish sedition within their respective jurisdictions, but neither the Congress, nor the legislative authorities of the several states, may make any law that abridges the freedom of communication apart from such communication made purely for the purpose of facilitating commerce.

III. Neither the Congress, nor the legislative authorities of the several states, may make any law abridging the right of citizens of the United States to assemble in a peaceful manner or the right of citizens of the United States to petition the government for redress of grievances.

IV. The Congress and the states may create regulations for commerce in firearms necessary for the preservation of public order, but no citizen of the United States shall be held to answer for any suit in law or equity arising under the jurisdiction of the United States or the jurisdictions of the several states in consequence of using firearms to preserve, protect or defend the lives or property of United States citizens against loss or damage due to criminal activity.

V. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

VI. No citizen of the United States, who is not in the service of the armed forces thereof or a member of the militia of any state when in service to the United States, shall be held to answer for any suit in law or equity commenced under the jurisdiction of the armed forces of the United States. Congress may provide according to law a manner in which persons who are not citizens of the United States may be subjected to the jurisdiction of the armed forces of the United States.

VII. No citizen of any State, who is not in the service of the militia forces thereof, shall be held to answer for any suit in law or equity commenced under the jurisdiction of the militia forces of any of the several states.

VIII. The United States and each of the several states shall uphold the right of the citizens thereof to be secure against unreasonable searches and seizures in their persons, domiciles, places of business, means of conveyance, communications, papers and effects, and except in cases where delay may obstruct justice due to flight, destruction or concealment of the place to be searched, and the persons or things to be seized, no search or seizure may be conducted without a warrant which is issued upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

IX. The United States and each of the several states shall uphold the right of citizens thereof to be secure from unreasonable prosecution in all cases of law arising within their respective jurisdictions. No citizen of the United States, not subject to the jurisdiction of the armed forces thereof or in the service of the militia of one of the several states, shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, nor shall such citizens be subject for the same offense to be twice put in jeopardy of life or limb; nor be compelled in any criminal case to be a witness against himself. Neither the United States nor the several states shall compel any person held within their custody, who is not a citizen thereof, to be a witness against himself in any criminal case either within their respective jurisdictions or within the jurisdiction of any foreign state, power or entity.

X. No citizen of the United States, who is not subject to the jurisdiction of the armed forces thereof or the jurisdiction of the militia of a state, shall be deprived of life, liberty, property or money in excess of $10 as punishment for a crime except with due process of law and upon conviction by a jury in a criminal court, and in all criminal prosecutions commenced under the jurisdiction of the United States or the jurisdictions of the several states, excluding the jurisdiction of the armed forces and militias thereof, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation against him; to confront the witnesses against him; to examine the evidence against him; to have compulsory process for obtaining witnesses and evidence in his favor; to have the assistance of counsel for his defense.

XI. In all cases of law commenced against a citizen of the United States or a citizen of any one of the several states the testimony of persons who receive compensation for services rendered provided by the revenue of the United States, the revenue of any one of the several states or the revenue of any entity that is created by one of the several states may not be sufficient for conviction.

XII. Neither the United States, nor any one of the several states shall take private property for any public purpose, without just compensation and no property so taken shall be transferred to any other private owner within a term of ten years subsequent to the taking. The power to regulate commerce shall not be construed by the United States or by any one of the several states as a power to take private property for the purpose of facilitating commerce from which profit is derived, but commerce for charitable or other public benefit may be permissible.

XIII. All suites at common law, where the value in controversy shall exceed five hundred dollars, shall be resolved by a trial by jury and all decisions concluded thereby shall be immediately enforceable without regard to appeal or re-examination by the judicial authority of the United States or the judicial authority of the several states, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States except in accordance with the rules of the common law.

XIV. Neither the United States, or any one of the several states shall impose excessive bail, excessive fines, nor inflict cruel and unusual punishments.

XV. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the citizens of the United States.

XVI. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the citizens of the United States, but neither this Constitution, nor the constitutions of any of the several states shall be construed as either a right or the power to nullify this Constitution or the laws, treaties and judicial rulings made under it.

XVII. The Union of the United States shall be perpetual and no state or part of a state shall have any power to secede there from.

XVIII. Neither the United States, nor any of the several states shall make any law abridging access to the ballot for any constitutionally eligible candidate for any office of public trust under this Constitution or the constitutions of the several states.


I would also return selection of the Senate to the State legislatures and eliminate the Senate’s powers to originate legislation or amend legislation that is submitted to it by the House of Representatives.

The President and House of Representatives would serve a term of no more than 5 years. The House would have the power to determine the date for the next election as would the president, but both the President and the House would be elected on the same day.

The President would have the power to submit legislation to the House and the House will be required to vote on it yes or no without amendments. If the House approves, the Senate would also be required to vote yes or not without amendment.

[MiloMinderbinder]

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Social Security is constitutional in that it regulates interstate commerce.

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So, if the govt levies social security taxes on me even though I work for a local company producing goods for local residents and spend my whole life in this state, then the govt is still justified as part of "regulating interstate commerce"? Words have meanings. The meaning of "regulating interstate commerce" has nothing to do with collecting taxes to pay for an entitlement for workers post-retirement.

[jogsxyz]

If CSI has solved the crime, there should be no trial and no jury. The CSI findings is final.