Eturnalshift wrote:
The Constitution affects every American and that's why it should be difficult to amend, needing an overwhelming majority of support by the American public and/or its elected representatives. The fact that the argument, "We can't amend the Constitution because the politics are so polarized on certain issues," exists proves that the Constitution is working as intended.
This is a good argument, and you're in large part correct. My response would be that there is a difference between polarization and logjam.
Eturnalshift wrote:
What exactly would "Economic Rights" be?
The exact phrasing would require a great deal of thought, but the overall goals would be:
-establish the long-term stewardship of the land, air and water as a national enterprise above and beyond who owns what in the here and now (owning the land does not give you the right to pollute it)
-make oppressive taxation unconstitutional (e.g., Prop 13 and similar laws that discriminate against internal migrants, tax breaks for women and minorities, excessive taxes on smoking, gambling and homesteads, and vicious competition between state and local governments on taxation)
-make unconstitutional that only corporations are permitted to endorse individuals for security clearance and other similar laws and practices that empower corps at the expense of individual people and start-ups
-make unconstitutional that corporations receive human civil rights
-establish that legal culpability follows accountability and benefit (e.g., using contractors and secrecy to avoid blame for illegal practices)
-establish unconditional access to the necessities of life (food, water, housing, primary education, telecommunication) as a fundamental mission of government alongside national defense, transit and postal service
-establish that all laws applying to commerce and industry apply to products and services irrespective of where they are manufactured
-make unconstitutional campaign donations and other quid pro quo in both law and practice, and establish a mechanism by which politicians are guaranteed a voice in some way reasonably independent of changes in our economy (e.g., guaranteed air and print time upon meeting a quorum)
-make unconstitutional adjustable rate loans and mortgages and repossessions illegal (lenders will be responsible for their own risks)
-make unconstitutional for the government to give sponsorship to organizations that do not accept the restrictions of the constitution and federal law (e.g., FOIA) as internally binding (e.g., the Fed, banks, colleges, housing organizations and other NGOs that hide behind the lame "we're not the government" excuse)
-make unconstitutional the retention, sharing and actioning of personal information by the state or private industry by establishing that any information about a person is that person's property
-make unconstitutional the mandatory imposition of compensation for others discretionary services (e.g., being forced to pay others' legal fees)
-make unconstitutional the waiving of constitutional rights
-establish that international treaties are legally binding and actionable in American courts, but that the constitution is the supreme law of the land transcending any treaty
Many of these goals could probably be achieved through law, but in some cases attempts to do so have been ruled conflicting with (or permissible under) our current constitution, and I believe that only by affirming these goals as part of the definition of the state can there be the mandate to action them effectively.