May 31st, 2012

The Second Bill of Rights – A Package, Put in Context By The New Federalist Papers


Post updated on June 26, 2012.   The Executive Summary, from The Second Bill of Rights and The New Federalist Papers is set forth below.

If you would like to examine the text of The Second Bill of Rights, before deciding whether or not to buy our book, click on book icon at the top right of this page to go to the Amazon site.

From this page, click “Look Inside”.  From the Table of Contents, select The Second Bill of Rights at page 1.

We hope you explore the basic issues the Founders first addressed, in the context of the proposed amendments and the fifty essays that present them.

Executive Summary.

The Liberty Rights Amendments (1—4) restore the default settings for individual freedom under law that were established by the Founders in 1789, through a mandatory “reboot” of the Constitution.  The Liberty Rights Amendments restore the original balance among the people, the States, and the national government.  Amendment 2 declares a single category of citizenship, confirms that the freedoms, privileges, and immunities—the substantive liberty rights—held by citizens at the time of the Founding are natural rights (not rights bestowed by government), furnishes a broad written definition of liberty rights, and establishes a rebuttable presumption in favor of a citizen’s exercise of such rights in the face of federal government power.  Amendment 3 resets the due process and equal protection clauses to once again be a durable package of procedural protections for citizens against both the federal and state governments, and makes clear that discrimination by government in favor of or against protected classes is impermissible.  Amendment 4 resets the police power of the States, a power that is to be exercised through laws of general application that preserve the common exercise of liberty rights.  Amendment 4 also establishes a similar presumption in favor of the exercise of a citizen’s liberty rights against state government power, voids federal legislative and regulatory action aimed at interfering with a state’s police power, and directs cases and controversies involving the police power to state courts, with discretionary appeal to the US Supreme Court.  Amendment 1 ties this all together through the addition of a constitutional definition of the Rule of Law.

The Finance and Revenue Amendments (5 and 6) restore the original balance between taxing and spending.  Amendment 5 requires the federal government to adopt accounting practices and reporting practices similar to those imposed upon States and private companies, and to complete such reporting on a schedule designed to favor the electorate.  The amendment also precludes Congress from delegating decisions regarding the value of the currency to any other segment of government.  Amendment 6 abolishes the entire federal income tax structure in favor of a consumption tax that dramatically reduces the cost of compliance, eliminates traps for the unwary, reduces overhead to American businesses and citizens, and substantially eliminates the underground economy.  Alternative Amendment 6 provides protections against misuse by the federal government of the federal income tax as a vehicle for micro-managing the economy and arbitrarily favoring some factions over other factions.

The Citizenship and Representation Amendments (7 and eight) require Congress to establish a legislative process for gaining residence and citizenship by which foreign persons and their children shall become subject to the jurisdiction of the United States; eliminate gerrymandering in the creation of House district boundaries through technological innovation; and restore virtually all current residents of Washington DC to the state of Maryland.

The Federalism Amendments (9, 10, and 11) move back toward the Founders’ vision of federalism.  Amendment 9 restores the limits on Congress’s power to regulate commerce among the States to transportation, trade, or exchange of goods and services in such commerce; and confirms that Congress has no power over any citizen’s choices relating to retirement, health care, or financial security.  Amendment 10 makes adjustments in the Judiciary to restore its position as bulwark of liberty rights.  Amendment 11 requires a re-codification consistent with these amendments, and authorizes Congress to enact transition legislation with respect to retirees and persons approaching retirement.

With malice toward none.

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