Author Archives: winterSmith

The New Constitution: “Liberty” vs. “Compulsion” – a parable

Amendment IX generated some concern that adults – a term used freely, although inconsistently – should never be compelled to do anything against their will. The definition of “adult” was at issue because our society routinely compels behavior, and in particular the question of forcing children to attend school (usually through their 16th birthdays) was suggested. Amendment IX establishes a

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Predicting North Carolina’s future: if GOP wins again in 2014, expect a severe case of brain drain

Via our boy Dr. Jim Booth: BuzzFeed last week presented “11 Things The North Carolina Legislature Gave Us This Session.” The list isn’t pretty. It includes: Moral Mondays Harsh abortion restrictions hidden in a motorcycle bill The most restrictive Voter ID laws in the country The decimation of public education as North Carolinians know it  The assumption that all those

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The New Constitution: Amendment IX – mandatory service and enfranchisement

Amendment IX All citizens shall, upon attainment of their 18th birthdays, enroll in a two-year program of public service, which may be fulfilled with either civic programs or the armed forces. Enfranchisement shall be earned upon completion of the public service commitment and a demonstration of a basic understanding of principles informing the political and policy issues facing the nation.

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The New Constitution: Amendment VIII – oversight of covert activities

Amendment VIII No governmental entity shall conduct secret or covert proceedings absent ongoing oversight by a multi-partisan body of popularly elected officials. Rationale While recent revelations about the NSA’s secret domestic surveillance activities are genuinely disturbing and ought to concern every citizen, it is also true that the United States has enemies, some of them capable of inflicting significant damage

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The New Constitution: Comment – on the appropriate specificity of amendment language

Over the past few days, the New Constitution series has generated some interesting discussion. Objections, defenses and counterpoints from myself and other readers, in some cases resulting in planned revisions to the document. One particular issue, which I predicted in the prologue, has centered around the appropriate level of specificity employed in articulating the various rights and responsibilities. One of

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The New Constitution: Amendment VII – unreasonable search and seizure

Amendment VII The right of the people to be secure in their persons, homes, papers, data, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Rationale Here the

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The New Constitution: Amendment VI – right to privacy

Amendment VI All individuals shall enjoy the right to privacy and freedom from surveillance by governmental, corporate, commercial or other private or public entities. Rationale The question of the Federal government’s advanced spy program has been very much in the news lately, and the American public has been subjected for years to increasingly intrusive and sophisticated “data mining” on the

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The New Constitution: Amendment V – equal rights

Amendment V No governmental, private, corporate or commercial entity shall deny to any enfranchised citizen the rights or privileges accorded to others. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Rationale Sadly, America has a long history of discrimination. Some of our ancestors were slaves and our

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The New Constitution: Amendment IV – public interest standard

Amendment IV No corporate, commercial, private or governmental entity shall be licensed, accredited or incorporated absent a binding commitment to serve the public interest; nor shall any collective entity be accorded the rights and privileges attending citizenship, which are reserved expressly for individuals. Rationale In 1919, the Michigan Supreme Court ruled in the Dodge v. Ford case that Henry Ford had a

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The New Constitution: Amendment III – freedom of religion, separation of church and state

Amendment III The government of the people shall be expressly secular. Congress will make no law respecting an establishment of religion or prohibiting the free exercise thereof; nor shall any individual, religious or quasi-religious entity or collective engage or seek to influence the course of legislation or policy in accordance with theological creed. Rationale It seems more than evident that

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The New Constitution: Amendment II – freedom of speech and the press, assembly, and redress of grievances

Amendment II No corporate, commercial or other private or publicly held entity shall abridge an individual’s freedom of speech or the rights of a free and unfettered press; the right of the people peaceably to assemble, and to petition for a redress of grievances will not be infringed. Rationale In modern America, nothing poses a greater threat to individual liberties

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The Continuing Adventures of Lonelyman, #27: The Case of the Invisible Date

Lonelyman walks into Ernie’s a pizza and Italian in Northwest Denver. The hostess, a pleasant enough looking blonde woman, greets him and asks “how many?” Lonelyman has always dreamed of responding to this sort of query with some wiseassery, like motioning to either side and saying “just the six of us” or “table for 8 – I like to move

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