So how would you amend the constitution?

[Proserpina]

79. Funny you should ask---I started a rewrite this summer

When the Founding Fathers were writing the US Constitution, they concerned themselves with clearly delineating lines of Power and Property, because those were the areas in which they felt abused by the English Crown. They left some flexibility for development in these areas, following the guidelines they set to start the formulation.

They were on the verge of concerning themselves with Human Rights, and took a piecemeal stab at it, but since the concept itself didn't exist in full form (hence slavery, no rights for women, minority groups, etc) only men of property, preferably white and Christian, were considered fully human and entitled to basic rights.

But now that we've had couple hundred years of experience with the Constitution, and a couple hundred years of development in legal thought and the impact of technology on Power, Property and Human Rights, it's time for Constitution 2.0.


One thing that the 2.0 version requires is a better sense of order. Which comes first? Human rights, civil rights, property rights, power? My own preference is that they be prioritized in that order. I might even go so far as to add Commons Rights, to cover issues about ecology, pollution, natural resources, etc. at the very top. The original immigrants had no idea of waste: nothing went into trash. They never thought we might need rules about recycling!

Very well then.

Commons Rights: this is best expressed by the Biblical injunction to “replenish the earth”. Since we have only one planet that supports all our lives, we need to absolutely take care of it. Earth is our Commons, to be shared (equally) by all its children: human, animal, plant.

1. GENOMES While certain species such as polio virus or bacterial pneumonia may be eliminated without causing any harm to the rest, the designation of Undesirable/Disposable is to be rare and well researched before any species-wide genocide is undertaken. The same criteria will apply to genetic sports: unless specific designation as Undesirable attaches to a mutation, the precept is “Live and Let Live.” Similarly, genetic engineering is to be tightly controlled, if not banned. If the improvements cannot result from the usual breeding techniques, perhaps we don't want them to happen at all. These decisions should be made by universal polling. It isn't the right of any subgroup, be it government or corporate, to make such decisions for the whole planet. Such a planetary franchise will require some rethinking of the United Nations, for sure. There are New World Orders that could serve People, and this is what we should be building.

2. POLLUTION: While there are many kinds of pollution, some are worse than others. Those forms of pollution for which we have not developed techniques for recycling shall be banned:

1. Nuclear products in commercial quantities with half-life in excess of a couple weeks, or some similar standard. This eliminates nuclear power generation and nuclear warfare, including depleted uranium armor and shells.
2. Artificial chemical compounds: CFC and similar manufactured molecules that don't break down by natural processes in a reasonable amount of time. This covers most plastics, too.
3. Water shall be cleaned after use—period. If polluted bodies of water can be cleaned, they shall be.
4. Combustion shall be limited and its byproducts must be naturally recyclable. The point of emission must be limited in output to what the local environment handle on an hourly basis. Air shall not be defiled with particulates, poisonous fumes, chemically reactive compounds beyond oxygen, ozone (in appropriate quantities) and water.
5. Land and soil shall be conserved. Buildings will be energy efficient and sized appropriately...no more mansions and manors for ostentatious living, no wasting of fertile land. Soil that is farmed shall be replenished by crop rotation, regeneration, etc. More topsoil shall be made of plant and animal wastes, which are currently “wasted,” to repair past soil damage. Poisoning of the soil by heavy metals and mining waste shall be prevented and ameliorated, as we start to restore the earth. If deserts can be made to sustain plant life without human intervention after reconstruction of the ecosystem, then they can be restored as well.
6. WAR. War is the greatest pollutant we have: far worse than the automobiles and planes. It is also the chief user of nuclear products. War must go.
7. Human wastes. We have a lot of good techniques; they must be applied without exception. Improvements in recycling human waste, including bodies, once vetted, shall be implemented.
8. Man-Made trash shall be broken down to recyclable elements and reused. No landfills, no dumps.

3. Human Rights. These are rights to which each human, of any level of life, are entitled, regardless of age, sex, health, education, socio-economic level, nationality, or any other categorization that divides us.

1. Life: the right to life, once given at birth, is not rescinded by Man or Institution.
2. Liberty: the right of an individual to be an autonomous free agent, unbound to any group, cannot be taken away by any other person or institution, once that individual reaches a maturity level that the People agree to be sufficient to make decisions. The age of maturity may vary according to the situation, but the best might be age of sexual maturity, to ensure the autonomy of women over their own lives and bodies. Of course, individuals may join groups, but they shall be allowed to change their minds and leave without legal entanglements once property issues are resolved. I believe that basic human rights, freely exercised, will eliminate most crimes of passion, property and abuse of power, and hence, the need for prisons.

3.


to be continued, in my spare time