Saturday, December 8, 2012

Amendment to the Constitution: Protecting The Rights of the Individual

Real equality is the mantra of the Left as they seek to add rights to our Constitution that may be there from an Originalist point of interpretation. Or some liberal judge might have decided to legislate from the bench by adding what is not there. My objective would be for lawyers and judges to locate existing Constitutional protections over the issues discussed below, or to urge the passing of the XXVIII Amendment to the Constitution to prohibit below-identified, heretofore legal discrimination against individuals and individualists. It could be that each of the states could add such an amendment to their constitutions. Even cities, townships and counties could add this to their charters or as decrees. I assert that this discrimination is a fact. It needs to be federally outlawed and then prohibited where it occurs as legal discrimination no longer countenanced or tolerated. The ultimate minority in America is the private individual. The private individual must now be afforded civil rights protections that are constitutionally based and enforced. Groups of people through out many institutions and workplace settings legally discriminate against individuals and individualists in their midst. Let me define my terms. The legal discrimination going on against the individual is public or private activity against any person acting as an individual. The aim of this adverse activity by all conceivable groups is intentionally to isolate and thwart the target individual because his aims and behaviors are considered antithetical to those appreciated and supported by the group. The legal discrimination going on against the individualist occurs where the individual self-consciously has announced to the world that his philosophical and religious creed is that the individual, sanctioned by God, is to spend his life following his own path, and doing his own thing, unfettered by unreasonable legal shackling. Any illegal or unreasonable attempt by any group, in either the public or private spheres, to block his pursuit of happiness, shall be constitutionally prohibited, and legally enforced by the courts. The civil right to be an individualist as a personal statement of one's theological and ideological doctrine, should be accepted and allowed. It should be legislated and supported by the Supreme Court if they can find this right already embedded in the Constitution--from an Originalist standpoint. If it is legitimately so, and it may well so be, that this civil right is not Constitutionally explicit or grounded, let us work to add it to the Constitution as the XXVIII Amendment to the US Constitution. Let Congress and the President work together to send to United Nations a Treaty to extend civil rights protection for all individuals and all individualists around the world, where ever they reside as part of all nations. In America at this time, guaranteeing legally the civil right to be and operate as an individual or individualist, in the pursuit of life, liberty and the pursuit of happiness and property, is the right thing to do. It is legally appropriate. It is ethically desirable. The additional advantages for society will be the fruits of innovative thinking, creative and cultural flourishing, and these protections serving as the springboard for economic revival. There will innumerable, positive outpourings of this legal protection being afforded to all individuals and those individualists that actively proclaim and practice their individualist philosophy. Once this legal civil rights protection is afforded, then social and communal discrimination against individuals and individualists will slowly subside. Championing the rights of individuals and individualists is not selfish. The effort is to advocate enlightened self-interest. The purpose is to liberate each person, making her less dependent on the government and others, reducing the burden to the over-burdened taxpayer. Championing the rights of individuals and individualists is not injurious to the common good. As we legally and socially release each individual to follow his dream, the result of cumulative, well-run lives will only contribute to the common good. My overarching ambition is to heighten awareness of the mistreatment of individuals and individualists. This legal mistreatment is enslaving millions of people. It wastes precious human talent. It throws impregnable obstacles in front of individuals and individualists in pursuit of happiness. Let us take take one large step towards improving things by adding Amendment XXVIII to the Constitution.. Let our clever thinkers and lawyers find existing constitutional protection for individuals and individualists, where legitimately grounded in the Constitution.

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