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A Radical Centrist Vision for the Future

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A Radical Centrist Vision for the Future A Radical Centrist Vision for the Future 100 New Constitutional Amendments Billy Rojas – RadicalCentrism.org – 2011 These 100 proposed amendments to the U.S Constitution represent a comprehensive re-envisioning of American governance for the 21st century by Billy Rojas, a founding member of the Centroids community. Whether or not you agree with Billy on the details, if you are intrigued by the concept of redesigning government to fit the needs of today’s citizens, come join the discussion on Centroids. Contents Introduction Acknowledgements List of Amendments Appendices Amendments by Category 1. President 2. Congress 3. Judiciary and Criminal Justice 4. Elections, Voting, and Citizenship 5. Governance 6. Foreign Policy and Foreign Relations 7. Economics, Trade, & Business 8. Environment and Energy 9. Education 10. Social Issues & Values 11. Religion Appendices 1. Radical Centrist Principles and Values 2. Sources 3. On Libertarianism 4. Related Resolutions 5. Jon Roland’s Draft Amendments 6. Other Draft Amendments 7. The Anti-Federalist Papers and Proto-Libertarianism 8. Why We Need Bills of Rights for the 21st Century A Radical Centrist Vision for the Future Introduction A Radical Centrist Vision for the Future > Introduction Amendments for the Future The point of view in the following Amendments is Radical Centrist in spirit. This means a perspective unique in American politics, one which regards both Left and Right as sources for good ideas while, at the same time, considering both Left and Right as agents of the devil, fonts of evil, and otherwise stupid or insane. This general set of considerations applies as well to “third parties” of various kinds, whether Green, Libertarian, Democratic Socialist, Constitutionalist, Conservative, or anything else. For those who would like an overview of Radical Centrist philosophy and its leading ideas, the first part of the Appendix includes statements about Radical Centrist Principles, Radical Centrist Values, and what Radical Centrism shares with Libertarians and where it is very different. In fact, Radical Centrism is distinctive in many ways, not only from Libertarianism but from all other political viewpoints. There is also a Radical Centrist “11th Commandment,” namely: Thou shalt be practical. We sometimes may honor this commandment more in the breach than anything else, but it is an ideal of ours and it is important. This hardly means that we cannot dream big dreams, as many of the Amendments in this study attest, but the idea is that all of our proposals and objectives, and the like, ought to be conceived pragmatically. We some day hope to provide Independent voters with their “default” political philosophy, to which they turn as a matter of course in the future. We believe that our ideas are superior to those of all other political people currently seeking to influence the 1/3rd of the electorate that does not identify with either the Democratic Party or the Republican Party and which considers itself “Independent.” But to accomplish any such task we had better be practical. This means both a need for us to show good common sense –as well as creative uncommon sense that allows us to arrive at workable solutions to real world problems. The following 100 Amendments should provide a good overview of Radical Centrist political thinking and about what kind of America we would like to see emerge in the 21st century. The range of topics covered is comprehensive and the viewpoint taken is guaranteed to be controversial. You will need to actually read the Amendments first before taking a position on any of them, however. The titles only give an indication of subject matter, they give no indication of substance, just about all of which will surprise nearly everyone. Seriously, if you look at a subject heading and think that you surely know what it is all about, you would be making a huge mistake. The ideas expressed in the following Amendments are original, not only in the sense that they are new, but in a more profound sense in that the thinking and the research behind the ideas is nothing you could possibly be prepared for. Well, maybe this claim is somewhat exaggerated, but if so, not my much. Be prepared for the best in new ideas, and only the best. Original Intent vs. ‘Living Constitution’ The Constitution of the United States not only is the founding document of the American republic, it is our “bible,” the justification for all Law and for much of our politics also. But how should one interpret this essential document? There are two main schools of thought on the question. The Originalist view, sometimes called “strict constructionism,” says that the intentions of the Founding Fathers who wrote the Constitution itself should take precedence in all matters pertaining to the document and its initial Amendments. Later Amendments should be interpreted according to the intentions of the authors of those Amendments. While there is qualification –it is vital to also know how these documents were understood generally at the time of ratification– this is pretty much the philosophy of the Originalists. Those who champion a “Living Constitution” view of things say that we live in a very different world than the 18th century known by James Madison and the other thinkers who created the Constitution. Our world is drastically unlike the era of the American Revolution or, for that matter, the world of the 19th century following the Civil War. Therefore, since it is extremely difficult to amend the Constitution, Judges may take it upon themselves to amend it though judicial decisions based on ideas which are most relevant to out era in time, which reflect contemporary needs and values. The Radical Centrist position is this: There is no rational way to deny the premises of the Originalist view. Either seek to understand the intended meaning of the people who wrote the Constitution and its Amendments or end up with arbitrary meaning determined by simple opinion which , even when expressed by Judges, may not be very well-informed. Worse, extremely well-reasoned defenses of previous Constitutional law may be overturned by later courts simply because current public opinion has drifted in a new direction. A case in point is the Bowers v Hardwick decision of 1986 which was overturned in Lawrence v Texas of 2003. Quite simply, the later decision took no cognizance of just about any substantive arguments of B v H and, in the process, trampled underfoot many centuries of jurisprudence and cultural values. Indeed, things have gotten so far that the Supreme Court, almost as a matter of routine, voids even voter approved amendments to state constitutions as if democracy is inferior to a judicial oligarchy ruled by aging Left-wing jurists. However, proponents of the Living Constitution make their own valid point. We simply cannot play “let’s pretend”. There is much about our life in the 21st century that men alive in the 1780s simply could not anticipate. And given the serious problems that confront anyone who seeks to amend the Constitution, what, exactly, is the Court supposed to do? Try and transport themselves to the world as it was known to Jefferson, Hamilton, and Madison? This cannot be done, and even if it could, would we really find answers to most of the questions that are important to us now? An important 2002 essay by Jon Roland, “Principles of Constitutional Construction,” makes the point, about the ratification process in the various states, that: “As the debates proceeded, understandings evolved and clarified, and positions changed.” While this truth can be taken too far, after all, there was far more consistency than otherwise, it nonetheless is a fact that a good number of views held during the Constitutional Convention were later modified. Most famously was Madison’s reversal concerning the Bill of Rights. In 1787 he as strongly opposed to any such thing –on the grounds that the rights which came to be enumerated in the first ten Amendments were implicit in the body of the Constitution– but by 1788 he was the arch- champion of the concept and became its principal sponsor. Another point made by Roland is that “original meaning” cannot only mean what the Founders were thinking at the time of ratification. After all, some of the men who drafted the Constitution were unsure of various exact meanings even at the time of writing. Again, let us not take this observation beyond reasonable bounds. The drafters had objectives and ideals and were hardly groping for meaning. Generally they knew exactly what they intended. However, Usually is not always, and sometimes their intent seems to have been to let Constitutional processes work themselves out, see what happens, and act accordingly. Madison provides still another example. In 1789 Madison proposed a new Amendment that would have clarified.the exact meaning of “speedy trial.” His proposal, while it was debated, never was ratified and still languishes today –which the following document seeks to remedy. Unfortunately, Roland’s article, thoughtful as it is, suffers from two major defects: (1) It is presented in a very awkward-to-use format, which features small font size that cannot be changed into desired larger font size but only in larger increments than most readers will find helpful. Some is single space and some is double space, and basically the presentation is a mess. To have the view that format is not important is about as self-defeating as anything gets. (2) His position is one of opposition to original meaning and, again and again, he turns exceptions into general rules through highly selective editing of evidence. Thus, while many of his observations are entirely valid and worth serious consideration, he simply cannot be trusted in all particulars and sometimes is downright misleading.
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