The situation with Roe VS Wade has lead to a call by Justice Clarence Thomas to, in scare quotes, write of revisiting sodomy laws, contraception laws, and many other cases based on substantive due process. Why stop there? Many things we hold dear come from interpretations of the 9th and 14th amendment. People like Justice Alito now need to have it spelled out for them that rights exist even if not spelled out by name, but by custom.

Proposed below is a bill of rights that would solidify things all US Americans left and right have come to hold dear even if they do not know it.

The Defense Rights Amendment

Section 1: The right to defend ones self, others, or property, from lethal violence, using lethal means, shall not be denied or abridged by the United States or by any state.

Section 2: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3: This amendment shall take effect two years after the date of ratification.

Plain intent: It shall be legal to kill someone IF their course of conduct will kill you. This is meant to cover any type of weapon that exist now or in the future. To meet force with equivalent force shall be legal. i.e. You can bring a knife to a knife fight, or a tank to a tank battle.

The Bodily Rights Amendment

Section 1: The right of a person to control the contents of their own body shall not be denied or abridged by the United States or by any state.

Section 2: A fetus in utero shall not be considered a person by the United States or any state until the 24th week.

Section 3: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 4: This amendment shall take effect two years after the date of ratification.

Plain intent: Government mandates of vaccines, by which we mean fines or penalties may not be imposed. Likewise the government can act to protect the right of others to control the contents of their body, by acting to stop the spread of a communicable disease. Quarantine would still be legal. One would not have a right to cough out possibly lethal agents onto another person.

Abortion rights would be addressed by section 2. This would establish a period of time in which a right of abortion would be legal for any reason. After this point abortion would require a self defense based medical reason. Continued pregnancy would result in certain death.

The Equal Rights Amendment

Section 1: Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

Section 2: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3: This amendment shall take effect two years after the date of ratification.

Plain intent: This is the famous ERA and my inspiration for proposing this 21st century bill of rights. However, there is controversy as to if it can be ratified as it sits. My intent is that the process should start again but as part of this larger movement containing rights that a broader group of Americans would like protected like Gun rights and abortion.

This amendment may by itself protect LGBT rights as well.

The Relationship Rights Amendment 

Section 1: The right of adults aged 18 or over to engage in any personal relationship they consent to shall not be abridged or denied by the United States or any State.

Section 2: The United States or any state shall not create special privileges in law for any personal relationship, by any name, what so ever.

Section 3: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 4: This amendment shall take effect two years after the date of ratification.

Plain intent: This will give explicit protection for adults 18 or over to engage in any personal relationship, and also settle the marriage issue by returning it to the churches where it belongs. Government shall not certify, license, verify, or regulate people’s personal lives provided they are adults.

The Communication Rights Amendment

Section 1: The first amendment rights to freedom of speech and press shall extend to any form of communication or expression that exist, or shall exist.

Section 2: Private entities which facilitate communication, by any method or means, shall have a limited right to moderate specific communications.

Section 3: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 4: This amendment shall take effect two years after the date of ratification.

Plain intent: Free speech will exist on any communications platform or medium whether public or private. Private platform providers will be able to filter specific communications but not to ban people or groups.

The Public Rights Amendment

Section 1: The most basic form of liberty is to be able to take part in public life without undue disease, difficulty, or distress. Therefore the right of the people to enjoy public accommodations, during good conduct, shall not be abridged.

Section 2: These rights shall extent to privately owned spaces, of any kind, which are open for use by the general public.

Section 3: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 4: This amendment shall take effect two years after the date of ratification.

Plain intent: If you want to carry your firearm, in a Starbucks in Manhattan OR be a flamboyant drag queen in the Waffle House in Greenbo Alabama you’d have a right to. Want to pray to God there or read a book to children while in drag go ahead. Prayer in school or drag in school also must be allowed. Want to use a restroom of your choice, go ahead. The built environment will have to adjust so that stalls provide real privacy.

Rights are not a game to see who can impose their authority and way of life on others. In a free society that means people you don’t like get to do things you don’t like in public spaces, or private spaces open to the public.

The Privacy Rights Amendment

Section 1: The right to engage in any personal conduct in private shall not be infringed upon by the United States or by any other state.

Section 2: The right of citizens of the United States of America or of any state or territory to communicate by encrypted, sealed, or other means shall not be infringed without a specific warrant showing probable cause of criminal activity.

Section 3: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 4: This amendment shall take effect two years after the date of ratification.

The intent of this amendment would be to protect the private lives of consenting adults from being spied on for any reason. Exceptions would be granted with cause to suspect criminal activity. Section one ensures that criminal activity cannot include personal consensual conduct.

So if two men or women want to have sex they can. If a man or woman wishes to sell their sexual services consensually on the dark web they can. If a municipality wishes to make it illegal to do this in the street they can. However, what happens in a persons private quarters is their own business.

The Voting Rights Amendment

Section 1: The right of a Citizen over the age of 18 to vote in the elections of the United States or any state they primarily reside in, shall not be abridged or denied for any reason what so ever.

Section 2: The right of an eligible voter to cast their single votes shall not be abridged and the United States or the states will provide ID to all citizens.

Section 3: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 4: This amendment shall take effect two years after the date of ratification.

Plain intent: Voting rights in any country extend to the citizens of that country. Laws shall be enacted to provide ID for little or no cost to all citizens which will ensure this. In short states with Real ID compliant state ID and drivers licenses, or a passport card should suffice. ID will be provided as a right.

This will not mean that a passport book that other countries will recognize for entry, barring those which will accept a national ID card, or similar, is a right.

The Rights Exist Amendment

Section 1: To reiterate the intent of the founders of the United States of America rights not enumerated in the constitution shall not be considered as lesser rights and are retained by the people.

Section 2: Expansions of rights found in customary and case law, then acted upon by legislation of long standing, shall not be denied or abridged by the United States or any state.

Section 3: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 4: This amendment shall take effect two years after the date of ratification.

The intent of this amendment is to restate and reinforce the 9th amendment. Which states that rights not enumerated exist and are equal to rights which are. Rights found by case law can be expanded by the courts but not limited after the fact by a future courts.

Courts may find that rights exist as logical consequences of the constitutional rights above enumerated. They may not 10-50-100 years latter decide to restrict rights and freedoms people have come to rely upon. Freedom must increase for ever greater numbers and kinds of people in the United States of America.

The Anti-Marbury VS Madison Amendment

Section 1: The competency of the Supreme court shall be to questions of constitutional law as applied to specific cases and circumstances, unless the issue is referred to them by the president, two senators, a delegation of at least three house representatives, a state governor, or legislature or chief legal officer of a state or territory.
Section 2: In cases of controversy between two state governments, regarding constitutional matters, the supreme court must hold a trial as the court of original and only possible jurisdiction for such a matter.
Section 3: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Section 4: This amendment shall take effect two years after the date of ratification.

The plain intent of this is to rein in the right of judicial review as established under Marbury VS Madison.  To bind the supreme court to act in cases similar to TX et al vs PA et al in the 2020 election dispute. While it is clear to most all that TX would've lost upon examination of evidence a lawsuit between blocks of states is how we settle things without resorting to the bayonet and the bullet.  The court has a duty to at least hear the evidence in such a case and render a verdict.  Usually all the aggrieved want is to feel heard.

 

In the near future I will have some really interesting science results to at least preliminary tease here.  So check back.