Replacement Bill of Rights (Except the tenth)

Here I have written a better and uncompromised constitutional Bill of Rights for the U.S., intended as a replacement to the existing bill of rights, except the tenth amendment.  (That is a significant statement, and it will require a significant amount of work to fully describe the reasoning required to support it, but for now…):

An individual, possessing the capacity for reason, shall have the following three rights arising naturally from that possession of reason. It shall be presumed that any individual human, being of an age greater than 18 years possesses reason and therefore shall be entitled to these rights. Congress shall, by law, grant these rights in a limited or unlimited capacity to any other human or being that they deem to possess reason to such an extent that they are entitled to them. Congress shall, by law, determine when the actions of an individual violate these rights of another and are therefore indicative of a deficit of reason and shall, by law, determine the consequences for such violations up to and including temporary or permanent limitation or revocation of these rights.

1. An individual shall have the right to life. The right to life shall be the right to be free from death, injury, bodily harm, or ailment as afflicted by or as resulting from the actions of another individual. This right shall be limited such that the right to life of one individual shall not supersede the right to life of any other individual.

2. An individual shall have the right to liberty. The right to liberty shall be the right to be free from bondage, incapacitation, muting, slavery, and imprisonment as afflicted by or as resulting from the actions of another individual, and shall be the right of an individual to decide the action of that individual’s own body. This right shall be limited such that the right to liberty of one individual shall not supersede the right to life or right to liberty of any other individual.

3. An individual shall have the right to pursue happiness. The right to pursue happiness shall be the right of the individual to decide what to value and to determine and take a course of actions to achieve any such values. The right to pursue happiness is also the right to identify and hold additional rights. The right to pursue happiness shall be the right to be free from deception, coercion, intimidation, theft of property, and damage of property as afflicted by or as resulting from the actions of another individual. This right shall be limited such that the right to pursue happiness of one individual shall not supersede the right to life, right to liberty, or right to pursue happiness of any other individual.

In order to safeguard these rights the following limitations are placed upon the powers of Congress:

1. Congress shall make no law that permits or compels an individual to violate the right to life of a second individual, except as consequence of a violation or attempted or credibly threatened violation of the right to life by that second individual of the first or any other individual.

2. Congress shall make no law that permits or compels an individual to violate the right to liberty of a second individual, except as consequence of a violation or attempted or credibly threatened violation of the rights to life or liberty by that second individual of the first or any other individual.

3. Congress shall make no law that permits or compels an individual to violate the right to pursuit of happiness of a second individual, except as consequence of a violation or attempted or credibly threatened violation of the rights to life, liberty, or pursuit of happiness of the first or any other individual.

 

1 Comment

  1. Revised to exclude the tenth amendment from replacement. The tenth Amendment is crucial to the structure of the government. Also revised the wording of the right to pursue happiness to include the right to identify and hold additional rights.

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