Author Archives: winterSmith

The New Constitution: Amendment XX – state’s rights

Amendment XX No state or local government entity shall assert special privilege or exemption with respect to established rights granted by the Federal Constitution. Rationale In a free society there is no reasonable excuse for an unequal application of law and justice, especially based on something as arbitrary as geography. Yet the US is built on the assumption that it’s

Read more

S&R to open new Pacific Northwest Bureau

New York City. London. Oxford. Washington, DC. Western New York. Western North Carolina. Cleveland. The Upper Peninsula. Chicagoland/Indiana. Montana. Denver/Boulder. Owing to the fact that a majority of the founders either live in Colorado now or did in the past there has been a certain 5280-centric identity here at Scholars & Rogues. Nonetheless, the S&R staff is and always has

Read more

The New Constitution: Amendment XIX – right to organize

Amendment XIX All workers shall have the right to organize for purposes of collective representation and bargaining. Rationale Americans are fond of the idea of upward mobility, although in truth we now rank at or near the bottom for class mobility among developed nations. This wasn’t always true. The decline in American upward mobility has been a direct result of

Read more

The New Constitution: Amendment XVIII – limiting lobbying by former public servants

Amendment XVIII In order to further the public’s interest in a free and independent legislature, elected officials shall not petition the body in which they served, either on their own behalf or on behalf of the interests of a third party, for a period of at least five years after the conclusion of their terms. Rationale As noted earlier on

Read more

The New Constitution: Amendment XVII – cruel and unusual punishment

Amendment XVII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Rationale Another one today that represents no change, although I’m very open to discussion on the term “cruel and unusual punishment.” This has historically been the center of any number of debates, and it may be time to articulate the concept in

Read more

Comment: thinking about the format for the final TNC document – your thoughts?

As the conversation has evolved, we’ve tripped across a number of issues that need addressing. As anticipated, our readers have thought of things that I didn’t. I have found myself devoting more and more energy considering language – specifically, how might we best lawyer-proof the wording of a given clause. The more I do so, the more I come to

Read more

The New Constitution: Amendment XVI – trial by jury, double jeopardy

Amendment XVI In suits at common law, where the value in controversy shall exceed five hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. Rationale No fundamental changes. _____ Index: The

Read more

Counterpoint: Riley Cooper is exactly what you see in the video

Crisis reveals character, they say. I hope you read Otherwise’s piece on Riley Cooper the other day. It’s truly an exceptional example of the kind of honest, intelligent thinking I’ve come top expect from my colleagues here at S&R. But while I agree with most of the principles underlying Otherwise’s reasoning, I’m not sure I’m convinced that they apply to

Read more

The New Constitution: Amendment XV – fair and speedy trials

Amendment XV In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of professional, trained adjudicators sanctioned by 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;

Read more

The New Constitution: Amendment XIV – basic human rights

Amendment XIV All citizens shall enjoy the right to shelter, nourishment, healthcare and educational opportunity. Rationale Too much mischief has been accomplished under the guise of the rabid social Darwinian dogma that people don’t have a right to a basic standard of living, a toxic ideology that over time has tended to divide the people into two camps: the haves

Read more

The New Constitution: Amendment XII – election finance

Amendment XII All elections shall be publicly financed; no individual, corporate, commercial or other private or publicly held entity shall contribute directly to any official, candidate or political party; all citizens are free to designate a portion of their annual tax contribution to a general election fund. No contributions to the electoral process shall be made by foreign interests, either

Read more

The New Constitution: Amendment XI – right to arms

Amendment XI The right of an individual who has completed a two-year military service commitment to keep and maintain firearms appropriate to the common defense shall not be infringed. The Federal government shall establish guidelines by which enfranchised citizens may obtain firearms for purposes of sport and self-defense. Rationale The second amendment has perhaps been the single most contentious piece

Read more
« Older Entries Recent Entries »