(Before I start, just thrilled to have a content-friendly environment to throw out such work. Hope some of you find value from some liberty-loving and philosophic screes, overlaid with occasional eruptions of absurdist comic relief.)
For my first post, I'm sharing something I wish could be widely disseminated: a reworking of the United States Constitution into modern language so simple and clear that even politicians and judges can understand. Why? Because, as English statesman William Gladstone said, this document is perhaps, "the most wonderful work ever struck off at a given time by the brain and purpose of man." Having suffered under tyranny, struggled with an loosely-formed confederation (and hyperinflation) during the Revolutionary war, and examined the annals of both ancient polities and knowing the internecine strife of the home country's bloody civil wars, they had both far-ranging knowledge and hard-won practical experience to shape their new political venture. That the test of time has brought to light its shortcomings hardly lessons how great an advance it has been in the cause of freedom and one so wisely crafted that it now stands as the longest-running written constitution on the planet. Such longevity over so vast a land mass alone speaks volumes. What is even more amazing--for those of you with a libertarian bent--is to read how, at almost every turn, political power is divided, sequestered, circumscribed, and bent toward keeping the citizen sovereign, the people free. And if you don't believe that's what the Framers wanted, re-read the 9th and 10th Amendments and realize these can only serve as "cease and desist" orders to any wannabe dictators.
The idea here--even if you doubt the American experiment, or perhaps live in breathless expectation of the Phoenix of a purified an-cap utopia which will obviate the necessity for legal frameworks and geographical associations--is that the Constitution's main tenets and framework for attempting to corral power for the liberation of all, may serve us well in future attempts at freedom radicalized, freedom realized.
So, as short and clear as I can, America's basic law, in modern terms you can read and know in 10 minutes:
The Constitution of the United States of America
WE, THE PEOPLE of the United States of America, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general good, and secure God’s blessings of freedom to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Article I (Powers of Congress & the States)
Section 1. All national law-making powers are granted solely to a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2. The number of Representatives and amount of direct taxes shall be divided among the States according to their population.
Section 7. All laws for raising money shall come only from the House of Representatives.
Section 8. In order to pay the debts, support the armed forces, and provide for the universal good of the United States, Congress shall have the following delegated powers:
• to impose taxes by duty, tariff, and excise; all such indirect taxes shall be uniform throughout the United States.
• to borrow money on the credit of the United States
• to regulate trade with foreign nations, among the States, and with the Indian tribes
• to establish a uniform process for naturalization as a Citizen
• to provide uniform bankruptcy laws throughout the United States
• to mint coins for money, regulating the value of these and foreign coins, and fixing a standard for weights and measures
• to provide for punishment for counterfeiting United States coins and securities
• to establish post offices and post roads
• to promote arts and science by establishing patent and copyright laws, providing exclusive rights for limited times to authors’ writings and inventors’ discoveries
• to constitute courts inferior to the Supreme Court
• to define and punish piracy, felonies at sea, and offenses against international law
• to declare war
• to grant Letters of Marque and Reprisal, establishing rules concerning captures on land and sea
• to raise and fund armies, provided no such appropriation be for more than two years
• to provide and maintain a navy
• to provide rules and regulations for the army and navy
• to call up the citizen militia to execute the laws, suppress rebellion, and repel invasion
• to provide for organizing, arming, and regulating such parts of the citizen militia when actually in the service of the United States; but the States shall appoint their own officers and train their own militias according to the discipline prescribed by Congress
• to exercise exclusive legislative power over whatever district (not exceeding ten square miles) is appointed the seat of government for the United States; and to exercise like authority over all places purchased by consent of any State legislature for forts, dock yards, etc.
• to make all laws which shall be necessary and proper for executing the foregoing powers
Section 9. The writ of habeas corpus cannot be suspended, unless public safety requires it during actual rebellion or invasion. No laws may be passed which are retroactive or single out a person or group for punishment without a trial. No direct tax can be laid, unless it is divided among the States according to their population (as determined by census or enumeration) No tax or duty can be laid on exports from any State, nor can there be customs or tariffs between States, nor shall any State’s trade be given preferential treatment. No money may be drawn from the Treasury unless appropriated by law
Section 10. No State is allowed to engage in any of the following actions:
• enter into foreign treaty or alliance
• grant Letters of Marque and Reprisal
• coin money
• print paper money
• use anything but gold and silver coin as payment
• pass any laws which are retroactive, single out a person or group for punishment without a trial, or limit the obligation of contracts
• grant any titles of nobility
Article II (Power Granted the Executive)
Section 1. The power to administer the law shall be placed in a President of the United States of America.
Section 2. The President shall be commander in chief of the army and navy, and of the State militias during actual service to the United States; he shall have power to grant reprieves and pardons for offenses against the United States. First getting the advice and consent of the Senate, he shall have power to make treaties and to appoint ambassadors, Supreme Court judges, and other officials of the United States.
Article III (Power Granted the Judiciary)
Section 1. The judicial power of the United States shall be vested in one Supreme Court, and in such lower courts as Congress provides.
Section 2. The judicial power of the United States extends to all cases of law and justice concerning the following:
• the Constitution
• federal law and public officials
• foreign treaties and ambassadors
• naval and maritime jurisdiction
• controversies involving the United States or between two of more States
• disputes between a State and Citizen of another State; between Citizens of different States; between Citizens of the same State with claims arising from different States; and between a State or Citizen(s) and a foreign entity. The Supreme Court shall act as a court of appeals, both as the laws and fact. It shall have original jurisdiction, however, in all cases affecting ambassadors, public officials, and matters in which a State is a party. Except impeachment, all criminal trials shall be by jury and in the State where the crime is purported.
Section 3. Treason against these United States shall only be defined as waging war against them or giving aid and comfort to their enemies. No one shall be convicted of treason except by confession in open court or the testimony of two witnesses to the same, overt act.
Article IV (Duties and Privileges of the States)
Section 1. Each State shall honor and accept every other State’s laws, records, and court decisions.
Section 2. The Citizens of each State shall have the rights, privileges, and protections guaranteed to the Citizens of the United States. A person charged with a crime who flees to another States, shall be delivered to the State having jurisdiction of the crime upon demand of that State government.
Section 3. The Congress shall have power to enact rules and regulations for any territory or property within a State which belongs to the whole United States.
Section 4. The United States shall guarantee to every State in this union a republican form of government, and shall protect each from invasion or rebellion.
Article V (Amending the Constitution)
The Congress may propose Amendments to this Constitution by either a two thirds vote of both Houses or by calling a convention for proposing Amendments if two thirds of the State legislatures have applied for it. Such Amendments shall only become valid when ratified by three fourths of the States’ legislatures or conventions.
Article VI (Constitutional Supremacy & Loyalty)
This Constitution, the laws enacted pursuant to it, and treaties made under its authority, shall be the supreme law of the land. All senators, representatives, legislators, executive officials and judicial officers―both Federal and State―shall swear by oath (or affirm) to support this Constitution. No religious test shall ever by required to qualify for any United States office.
The Bill of Rights (the first ten Amendments)
Article I Congress shall make no law establishing a national religion, or preventing free religious exercise; or limiting freedom of speech, or of the press; or of the right of the people to peacefully assemble, or to request the government to correct injustice.
Article II A well-equipped militia being necessary for the safety of a free nation, the right of the people to own and carry weapons shall not be limited.
Article III No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in a manner to be prescribed by law.
Article IV The right of the people to be safe in their bodies, homes, files, and belongings, against unreasonable searches and seizures, shall not be violated; and no warrants shall be issued, unless having both probable cause and support by oath (or affirmation); and all warrants must describe the particular place to be searched and the persons or things to be seized.
Article V No person shall be held to answer for a capital or other major crime, unless requested or indicted by a grand jury (except in cases arising in the army, navy, or militia during actual service in time of war or public danger); nor shall any person be tried for the same offense twice; nor forced in any criminal case to be a witness against himself; nor lose life, liberty, or property, without due process of law; nor shall private property be taken for public use, without fair payment.
Article VI In all criminal prosecutions, the accused shall enjoy the right to be tried quickly and publicly, by an impartial jury in the State and district where the crime was committed (such district having been previously determined by law); to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have legal assistance for his defense.
Article VII Trial by jury shall also be preserved in common law suits, where the value exceeds twenty dollars; and any fact tried by a jury shall be re-examined by a court of the United States under the rules of the common law.
Article VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Article IX The Constitution’s listing and enumeration of some rights, does not deny or belittle all the other rights retained by the people.
Article X All powers are retained by the people and the States, except for those powers specifically delegated to the United States and prohibited to the States by this Constitution.
(Other Amendments affecting rights)
Article XIII There shall be no slavery or involuntary servitude within the United States, except as a punishment for crime.
Article XIV Every person born or naturalized in the United States is a Citizen of the United States and of the State where they reside. No State shall make or enforce any law which limits the rights or privileges of Citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person the equal protection of the laws.
Article XV No United States Citizen’s right to vote shall be denied on account of race, color, or previous condition of servitude.
Article XVI The Congress shall have power to tax income derived from sources, but not by apportionment among the States according to census or enumeration.
Article XIX No United States Citizen’s right to vote shall be denied on account of sex.
Article XXVI No United States Citizen’s right to vote shall be denied on account of age once eighteen years old.
*** *** ***
(P.S. This version fits on one double-sided piece of paper. If you would like to get this printable .pdf copy go here: https://drive.google.com/file/d/0Bw24sbj4zcHSMTVpNEVLYUMtb0E/view?usp=sharing)
© 2017 Dan Castell All rights reserved. Permission to reprint is hereby granted, provided you distribute this material without charge.
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