Saturday, January 30, 2016

Spelling Out Our Rights, Clearly

YES, WE THE AMERICAN PEOPLE really do need a new constitution. (January 22: TTR: "Writing A New Constitution") Think about it. A brief document written over two hundred years ago, in eighteenth century prose, still in use. Really? Thomas Jefferson would disagree with the constitution's continuing jurisdiction. He wrote that the nation would require a new constitution every generation, to keep up with changing times and circumstances. In our new version, for instance, we might want to declare every person's inherent right to adequate food, clothing, housing, and health care. We will probably want to assert everyone's right to privacy, and to spell out precisely, specifically, what "privacy" means. Since we all believe we have that right, and since it is not in our traditional constitution, let's put it in. The second amendment, the way it is written, strongly suggests that one must be a member of an organized officially sanctioned military organization to have a gun, or as Madison said, to "bear arms". Ask any linguist. Let's rewrite the second amendment, and clarify the terminology. Let's clearly state who can own a weapon, under what circumstances, and what it can be used for. The right needn't be limited, merely clarified. Wouldn't it be nice if cases before the Supreme Court did not, for once, get bogged down in endless interpretation of vague, archaic phrases, or if cases rarely came before the court because the transparent lucidity of the constitution permitted early resolution of all litigation to the agreement of all concerned? We need a constitution which doesn't define an African-american as three fifths of a person. We need a constitution which proclaims the equality of everyone, all ages, genders, and sexual orientations, however many there happen to be at any given time. Prohibition, repeal of prohibition. That could come out, saving us further embarassment.Tradition provides civilization's foundation. But innovation imporoves and maintains its edifice. Tradition and innovation can work together harmoniously, if we are willing to permit them to do so. The devil is in the details.

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