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Tuesday, December 21, 2021

Going Down That Road….

Attacks on the First and Second Amendments continue to escalate.  A professor from the University of Miami School of Law recently published what she believes would be “improvements” of these two amendments.

Her rewrite of the First Amendment: 

“Every person has the right to freedom of expression, association, peaceful assembly, and petition of the government for redress of grievances, consistent with the rights of others to the same and subject to responsibility for abuses. All conflicts of such rights shall be resolved in accordance with the principle of equality and dignity of all persons.

 

“Both the freedom of religion and the freedom from religion shall be respected by the government. The government may not single out any religion for interference or endorsement, nor may it force any person to accept or adhere to any religious belief or practice.”


First, do you see what is no longer protected under her proposed rewrite?  There is no right to a free press.  And the “appropriate“ practice of the rights she DOES leave in place is determined by a government-determined  standard of equality.  Your right to practice your religion and speech is free only as long as you don’t violate this government standard.

And the Second Amendment?

“All people have the right to bodily autonomy consistent with the right of other people to the same, including the right to defend themselves against unlawful force and the right of self-determination in reproductive matters. The government shall take reasonable measures to protect the health and safety of the public as a whole.”

You will notice immediately that the right to keep and bear arms has disappeared entirely, replaced with the previously non-existent (Constitutionally) right to abortion on demand.  The overarching right to defense is shifted to the government, the same government that has stated in more than a dozen supreme court opinions that the obligation to defend one self is on OUR shoulders.  And, once again, your ability to exercise your right to self defense is dependent on a government-determined standard of equality and fairness.  Amazingly, that limitation doesn’t apply to abortion and the right of a baby to continue living.

So the upshot of both of these proposed rewrites is that the GOVERNMENT determines what is/is not appropriate and acceptable.  The GOVERNMENT determines when and where we may exercise our “rights” in accordance with a nebulous standard of equality and fairness.

Final thought: a “right” that requires government approval is no longer a right.

https://apps.bostonglobe.com/ideas/graphics/2021/12/editing-the-constitution/redo-the-first-two-amendments