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mc776This started out as a toot thread here but it was going to take a few edits.
What is attempted here is a "reboot" of the American constitution, based on what's changed over the past 200+ years and also on concerns that would have been unthinkable, or at least unmentionable, to that sausage party of Enlightenment gentry that gave us our current version.
The only restrictions I'm trying to stick to are to make sure each numbered amendment roughly corresponds in spirit with the interests addressed by the original, and to make each one of them a single long sentence without numbered lists. Everything else is subject to radical alteration - especially the ones where I only replaced a word or two.
0
The rights protected in this bill are subject to the interests of the Crown in combatting actual threats to either human life or its own capacity to enable human flourishing, which onus shall at all times be on the Crown to establish beyond a reasonable doubt: provided that, at all times, the rights shall be read broadly and purposively in full and proper account for the environmental and socioeconomic context that may apply at the time and place, and any arrangement by the Crown or agent or contractor thereof to avoid these protections shall be of no effect.
1
The Crown shall not hinder any individual in expressing political, economic, religious or other dissent except where shown to be necessary to stop or prevent fraud, defamation or other matters detrimental to the open exchange of knowledge; and shall not hinder any assembly of persons that is not shown to threaten the peace of the place where the gathering is held; and shall not give or enable preference to persons of any religion, creed, race, ethnicity, nation, gender, sexuality or similar identifying accident or lack thereof.
2
The Crown's monopoly on violence shall not be enforced in a manner that prevents reasonable defence of individual person, or reasonable, fair and honourable defence against a stronger or immediately violent adversary of one's lawful property.
3
The Crown shall not infringe on the right to private property, except where it can be shown on a balance of probabilities that the property was obtained through taking from the public domain, or otherwise in a manner the condonation of which would bring the rule of law into disrepute; or the property or enjoyment thereof is causing a threat to the lives, liberty or security of the persons of the public; or to compensate the public for activities materially contrary to the public welfare; or in the bona fide ordinary course of obtaining tax revenue reasonably necessary for the Crown's mandate.
4
The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place, person or thing to be searched or seized, such searches to be finished and places, persons and things to be returned with utmost expedition.
5
The Crown shall not effect capital punishment upon any person under any circumstances whatsoever; nor shall it imprison or fine any person without sufficient opportunity to respond to the matters of which they are accused, which matters pertain to the well-being of the people and the Crown's ability to maintain that well-being.
6
In all criminal prosecutions, all accused shall enjoy the right to a speedy and public trial, by an impartial judge of the jurisdiction wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in their favour; to be free from any compulsion to give self-incriminating evidence; and to have the assistance of counsel for their defense.
7
In any dispute against the Crown, an individual shall have the right to a determination by an independent arbiter qualified to engage and practise in law, provided that access to an independent judiciary shall be sufficient to satisfy this right.
8
No punitive sentence shall be carried forth except as may be justifiable for the repentance of the offender, or to detain an ungovernable offender for the safety of the people.
9
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by all people.
10
The powers not delegated to the provinces by the constitution are reserved to the Crown.
What is attempted here is a "reboot" of the American constitution, based on what's changed over the past 200+ years and also on concerns that would have been unthinkable, or at least unmentionable, to that sausage party of Enlightenment gentry that gave us our current version.
The only restrictions I'm trying to stick to are to make sure each numbered amendment roughly corresponds in spirit with the interests addressed by the original, and to make each one of them a single long sentence without numbered lists. Everything else is subject to radical alteration - especially the ones where I only replaced a word or two.
0
The rights protected in this bill are subject to the interests of the Crown in combatting actual threats to either human life or its own capacity to enable human flourishing, which onus shall at all times be on the Crown to establish beyond a reasonable doubt: provided that, at all times, the rights shall be read broadly and purposively in full and proper account for the environmental and socioeconomic context that may apply at the time and place, and any arrangement by the Crown or agent or contractor thereof to avoid these protections shall be of no effect.
1
The Crown shall not hinder any individual in expressing political, economic, religious or other dissent except where shown to be necessary to stop or prevent fraud, defamation or other matters detrimental to the open exchange of knowledge; and shall not hinder any assembly of persons that is not shown to threaten the peace of the place where the gathering is held; and shall not give or enable preference to persons of any religion, creed, race, ethnicity, nation, gender, sexuality or similar identifying accident or lack thereof.
2
The Crown's monopoly on violence shall not be enforced in a manner that prevents reasonable defence of individual person, or reasonable, fair and honourable defence against a stronger or immediately violent adversary of one's lawful property.
3
The Crown shall not infringe on the right to private property, except where it can be shown on a balance of probabilities that the property was obtained through taking from the public domain, or otherwise in a manner the condonation of which would bring the rule of law into disrepute; or the property or enjoyment thereof is causing a threat to the lives, liberty or security of the persons of the public; or to compensate the public for activities materially contrary to the public welfare; or in the bona fide ordinary course of obtaining tax revenue reasonably necessary for the Crown's mandate.
4
The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place, person or thing to be searched or seized, such searches to be finished and places, persons and things to be returned with utmost expedition.
5
The Crown shall not effect capital punishment upon any person under any circumstances whatsoever; nor shall it imprison or fine any person without sufficient opportunity to respond to the matters of which they are accused, which matters pertain to the well-being of the people and the Crown's ability to maintain that well-being.
6
In all criminal prosecutions, all accused shall enjoy the right to a speedy and public trial, by an impartial judge of the jurisdiction wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in their favour; to be free from any compulsion to give self-incriminating evidence; and to have the assistance of counsel for their defense.
7
In any dispute against the Crown, an individual shall have the right to a determination by an independent arbiter qualified to engage and practise in law, provided that access to an independent judiciary shall be sufficient to satisfy this right.
8
No punitive sentence shall be carried forth except as may be justifiable for the repentance of the offender, or to detain an ungovernable offender for the safety of the people.
9
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by all people.
10
The powers not delegated to the provinces by the constitution are reserved to the Crown.
(no subject)
Date: January 29th, 2025 22:44 (UTC)At first today I had no idea if #9's "people" instead of "persons" is intentional or just a brainfart on my part - but reading the US Ninth Amendment again I see this is a deliberate vestige left only as a callback.
It should definitely have said "persons".