Dec. 6, 2014

PJ-15

CHAPTER 21

                                                            

A SUMMARY COMPARISON OF THE EXISTING U.S.

 

CONSTITUTION AND A PROPOSED CONSTITUTIONAL MODEL

 

By Patrick Gage June 1990

 

It is very instructional to compare point-by-point the existing US Constitution with its Amendments and the "Proposed Constitutional Model" as docu­mented in the book "The Emerging Constitution" by Rexford Tugwell. Rela­tive comparisons of these documents have been made by Hatonn in previous Phoenix Journal Expresses and in this Journal.

 

The purpose of this portion is to allow documentation from an interested reader, just like yourself, who has gone to the trouble of investigating these is­sues in some detail. For clarity of comparison, I would prefer to print the en­tire US Constitution with its Amendments on the left pages of this book, and the corresponding replacement from the proposed model on the right pages --­line for line -- to really see what is proposed (or rather -- what is left out!). This cannot be done in this present Journal, so a summary must suffice here. However, I do plan to create such a line-by-line comparison that should be available through America West for a nominal low cost by the end of July.

 

I should point out that I am not a historian or a lawyer. I am, however, a very concerned and well educated citizen that is deeply interested in what is RE­ALLY going on here.

 

REFERENCES

 

Copies of the Original US Constitution with its 26 Amendments may be ob­tained for 75 cents from: THE SPOTLIGHT or the Liberty Lobby, 300 Inde­pendence Ave. S. E., Washington, D. C. 20003. Copies may also be found in reference books and local libraries - although some printed versions may be different than the actual original. The "Proposed Constitutional Model" is given on pages 595 thru 621 of "The Emerging Constitution," Rexford G. Tugwell, copyright 1974, Harper's Magazine Press, Harper & Row Publishers Inc., 10 East 53rd Street, New York, NY 10022. I was able to find the first edition (ISBN 0-06-128225-10) in a local library filed under 342.73 T915E. This book contains fourteen (14) chapters, composed of various papers, and the last chapter being entitled: "A Proposed Constitutional Model for the Newstates of America."

 

WHAT IS THE PROPOSED CONSTITUTIONAL MODEL

 

As stated in the book's Prefatory Note (Preface):

 

"The chapters of this book were written as papers to be discussed at the Center for the Study of Democratic Institutions. This was a continuing project and was contributed to not only by the Senior Fellows of the Center but by many Visiting Fellows during several years. After discussion the papers were revised and gradually assumed their present form.

 

"The papers were the background for a succession of constitutional mod­els. These served to focus and to make more precise the constitutional changes believed to be necessary after nearly two hundred years. There were frequent modifications to the model, and the number of revisions grew to forty. Still more are in prospect to meet the criteria of the papers. (... and later at the end ...)

 

"This is said with due respect for time and its inevitable effects. One emerging conclusion has been that coming generations ought not to be pre­cluded from making their own basic law. This offering is for now and the im­mediate -- not the far - future."

 

Also, in the last part of Chapter 13, "The Emerging Situation: A Summary":

 

"The year of 1787 was peculiarly a year of transition. The original compact among the states had failed to maintain a general government, and the life of the nation was in jeopardy. (...)

 

"The people were to be sovereign and were to choose their representa­tives. This indicated a government whose limitations were strictly marked. The tripartite structure reflected these ideas, its branches opposed to one an­other so that none would accumulate oppressive powers.

 

"Concern for protection from arbitrary authority was much stronger than the desire for governmental services. (...)

 

"If the Constitution's deficiencies for these later days is accepted as sub­stantially accurate, several characteristics are conspicuous.

 

"One of these is the blurring of borders on every side, of an amorphous mass, with consequent inability to say with authority what any clause means. This results from many tentative testings. All three branches have invaded the no man's land between them and have sometimes found themselves in conflict with the other branches. And all three have assumed powers re­garded as necessary to their responsibilities but not mentioned in the original charter.

 

"There would seem to be a choice, now that this indeterminateness has become so prominent a characteristic, between accepting it as a satisfactory method of constitutional change or rejecting it in favor of a renewed effort, similar to that of 1787, to assign powers and responsibilities within govern­ment and the rights and duties of the citizen. (... and later at the end on page 591...)

 

"Meanwhile it can do no harm to consider what a rejuvenated Constitution would he like; such an exercise may even constitute a demonstration of the distance we have come from the venerated original and how its provisions are being tortured in the constant conflict over its archaic meanings. The inten­tion of this book has been to demonstrate that such restructuring is, indeed, necessary.

 

(Chapter 14 Preface, page 592:)

 

"The arrangements argued for in this book would naturally lead to the formulation of a new model. (...)

 

"No such model can ever be regarded as finished. It can only be said that it is what has seemed best at the time. Changes will still be made in the fu­ture, (...)

 

'There are other changes, some in the Presidency, some in the Judiciary, but none of them is drastic. There have been complaints about both. As to the Presidency it has been concluded that its faults are mostly to be found in the Congress. (... and at the end of the Chapter 14 Preface ...)

 

"It remains to say that the Center fellows are convinced that the time has come for a reassessment of our basic law. The model here is to be taken as a beginning, not an end."

 

SOME GENERAL THOUGHTS

 

I am sure that the Center for the Study of Democratic Institutions and its Fellows were then, and still are now, trying to do their very best to restructure the Constitution in their perception to alleviate its currently perceived prob­lems and changes with the changing times. Many people support this effort. Many are dead-set against it.

 

Regardless of your point of view -- REMEMBER: that what can occur as a re­sult of a convened Constitutional Convention can have little or no resem­blance of whatever draft is presented. It has happened before! I feel we were/are fortunate to have had the proper representatives and supporters present at the Constitutional Convention in 1787.

 

CONTENTS COMPARISONS

 

As Hatonn has described the Original US Constitution in detail, I will only summarize that it contains seven (7) Articles and twenty-six (26) Amend­ments -- the first ten Amendments being our Bill of Rights. In contrast, the Proposed Model contains twelve (12) Articles and no Amendments -- all changes being incorporated directly into the new text for each Article. Also, the order and contents of each Article of the Proposed Model are different than that of the Original Constitution, so direct comparisons are a bit difficult.

 

The abbreviations "(Now)" and "(Model)" will be used to denote the original and current U.S. Constitution, and the above "Proposed Constitutional Model", respectively. The quotes will use the exact same lower- and upper­case letters as the references. This can be revealing in the intent in the read­ings. I will cover the Preamble, Bill of Rights, and some general insights of my own.

 

THE PREAMBLES

 

(Now) "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.'

 

(Model) "So that we may join in common endeavors, welcome the future in good order, and create an adequate and self-repairing government - we, the people, do establish the Newstates of America, herein provided to be ours, and do ordain this Constitution whose supreme law shall be until the time prescribed for it shall have run."

 

(Say what? -- Author's note.)

 

THE DECLARED EMERGENCY

 

The phrases "in declared emergency", "in emergency", "national emergency", "the emergency", "the circumstances extreme", "a limited emergency", "during emergency", "in emergencies", occur a total of at least nine times that I found during just one casual reading. Nowhere did I find what the definition or set of events was that is necessary to cause a not-emergency to become an emer­gency. This is very important, as you will see below.

 

UNDER LAW

 

There are also numerous references to your rights or privileges being given "under law". I counted at least seven instances of such phrases. Again, it is not clear what that law or set of laws are, and how they may be superseded by executive privilege during an "emergency".

 

YOUR BILL OF RIGHTS

 

1.   FREEDOM OF RELIGION, SPEECH, PRESS, AND ASSEMBLY

 

(Now) "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

 

(Model: Article I, Rights and Responsibilities; A. Rights; Section 1) "Freedom of expression, of communication, of movement, of assembly, or of petition shall not be abridged except in declared emergency."

(Section 8) "The practice of religion shall be privileged; but no religion shall be imposed by some on others, and none shall have public support."

 

(Model: Article I, A. Rights; Section 7) "It shall be public policy to promote

discussion of public issues and to encourage peaceful public gatherings for this purpose. Permission to hold such gatherings shall not be denied, nor shall they be interrupted, except in declared emergency or on a showing of imminent danger to public order and on judicial warrant."

 

(Model: Article I, A. Rights; Section 3) "Public communicators may decline to reveal sources of information, but shall be responsible for hurtful disclosures."

 

2.   THE RIGHT TO BEAR ARMS

 

(Now) "A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed."

 

(Model: Article I; B. Responsibilities; Section 8) "There shall be a responsi­bility to avoid violence and to keep the peace; for this reason the bearing of arms or the possession of lethal weapons shall be confined to the police, members of the armed forces, and those licensed under law."

 

3.   QUARTERING OF SOLDIERS

 

(Now) "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."

 

4. UNREASONABLE SEARCH AND SEIZURE

 

(Now) "The right of the 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 to be searched, and the per­sons or things to be seized.”

 

(Model: Article I; A. Rights; Section 4) The privacy of individuals shall be re­spected; searches and seizures shall be made only on judicial warrant; persons shall be pursued or questioned only for the prevention of crime or the appre­hension of suspected criminals, and only according to rules established under the law."

 

5. DUE PROCESS OF LAW

 

(Now) "No person shall be held to answer for a capital, or otherwise infa­mous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual ser­vice in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

 

(Model: Article I; A. Rights; Section 12) "No person shall be deprived of life, liberty, or property without due process of law. No property shall be taken without compensation."

 

(Model: Article I; A. Rights; Section 14) "No person shall be placed twice in jeopardy for the same offense."

 

(Model: Article I; A. Rights; Section 13) "Legislatures shall define crimes and conditions requiring restraint, but confinement shall not be for punishment; and, when possible, there shall be preparation for return to freedom."

 

6. SPEEDY AND PUBLIC TRIAL AND RIGHT OF COUNSEL

 

(Now) "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trail, by an impartial jury of the State and district 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 him; to have compul­sory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

 

(Model: Article I; A. Rights; Section 15) "Writs of habeas corpus shall not be suspended except in declared emergency."

 

(Model: Article I; A. Rights; Section 16) "Accused persons shall be informed of charges against them, shall have a speedy trial, shall have reasonable bail, shall be allowed to confront witnesses or to call others, and shall not be com­pelled to testify against themselves; at the time of arrest they shall be in­formed of their right to be silent and to have counsel, provided, if necessary, at public expense; and courts shall consider the contention that prosecution may be under an invalid or unjust statute."

 

7. RIGHT OF TRIAL BY JURY

 

(Now) "In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law."

 

8. NO CRUEL AND UNUSUAL PUNISHMENT

 

(Now) "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

 

9. NOT TO DENY RIGHTS RETAINED BY THE PEOPLE

 

(Now) "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

 

(Model: Article I, B. Responsibilities, Section 1) "Each freedom of the citizen shall prescribe a corresponding responsibility not to diminish that of others: of speech, communication, assembly, and petition, to grant the same freedom to others; of religion, to respect that of others; of privacy, not to invade that of others; of the holding and disposal of property, the obligation to extend the same privilege to others."

 

10. POWERS RESERVED TO THE PEOPLE

(Now) "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

 

(Model: Article I; A. Rights; Section 6) "All persons shall have equal protec­tion of the laws, and in all electoral procedures the vote of every eligible citi­zen shall count equally with others."

 

(Model: Article I, B. Responsibilities, Section 3) "Protection of the law shall be repaid by assistance in its enforcement; this shall include respect for the procedures of justice, apprehension of lawbreakers, and testimony at trial."

 

(Model: Article I, B. Responsibilities, Section 6) "Each shall pay whatever share of governmental costs is consistent with fairness to all."

 

(Model: Article I, B. Responsibilities, Section 13) "All rights and responsibili­ties defined herein shall extend to such associations of citizens as may be de­fined by law."

 

OF GENERAL INTEREST

 

(Now) One President and one Vice-President, each having a four year term.

 

(Model) One President and two Vice Presidents, each having a nine year term, and salaries for life.

 

(Model: Article I; A. Rights; Section 2) "Access to information possessed by governmental agencies shall not be denied except in the interests of national security; but communications among officials necessary to decision making shall be privileged."

 

(Model: Article I; A. Rights; Section 5) "There shall be no discrimination be­cause of race, creed, color, origin, or sex. The Court of Rights and Responsi­bilities may determine whether selection for various occupations has been dis­criminatory."

 

(Model: Article II, The Newstates; Section 9) "Taxes on land may be at higher rates than those on its improvements."

 

(Model: Article V, The Presidency; Section 3) "Responsible for the Vice-President for General Affairs there shall be Chancellors of External, Finan­cial, Legal, and Military Affairs. (...) The Chancellor of Military affairs shall act for the presidency in disposing all armed forces except militia commanded by governors; but these shall be available for national service at the Presi­dent's convenience. Except in declared emergency, the deployment of forces in far waters or in other nations without their consent shall be notified in ad­vance to a national security committee of the Senate hereinafter provided."

 

(Model: Article VI, The Legislative Branch, A. The Senate, Section 8) "In time of present or prospective danger caused by cataclysm, by attack, or by in­surrection, the Senate may declare a national emergency and may authorize the President to take appropriate action. If the Senate be dispersed, and no quorum available, the President may proclaim the emergency, and may ter­minate it unless the Senate shall have acted. If the President is not available, and the circumstances extreme, the senior serving member of the presidential succession may act until a quorum assembles."

 

(Model: Article VI, The Legislative Branch, A. The Senate, Section 9) The Senate may also define and declare a limited emergency in time of prospec­tive danger, or of local or regional disaster, or if an extraordinary advantage be anticipated. It shall be considered by the House of Representatives within three days and, unless disapproved, may be extended for a designated period and for a limited area before renewal. Extraordinary expenditures during emergency may be approved, without regard to usual budget procedures, by the House of Representatives with the concurrence of the President."

 

(Model: Article VI, The Legislative Branch, B. The House of Representa­tives, Section 9) "It shall he the duty of the House to make the laws concern­ing taxes." And it goes on for 21 subcategories in that area alone!

 

(Model: Article X, Governmental Arrangements; Section 5) "The fiscal year shall be the same as the calendar year, with new appropriations available at its beginning."

 

(Model: Article XII, Transition; Section 6) "Constitutions of the Newstates shall be established as arranged by the Judicial Council and the Principle Jus­tice."

 

(Now) The Constitution is modified by its current amendment and ratifica­tion procedures.

 

(Model: Article XI, Amendment; Section 2) "When this Constitution shall have been in effect for twenty-five years the Overseer shall ask, by referen­dum, whether a new Constitution shall be prepared. If a majority so decide, the Council, making use of such advice as may be available, and consulting those who have made complaint, shall prepare a new draft for submission at the next election. If not disapproved by a majority it shall be in effect. If dis­approved it shall be redrafted and resubmitted with changes as may then be appropriate to the circumstances, and it shall be submitted to the voters at the following election. If not disapproved by a majority it shall be in effect. If dis­approved it shall be restudied and resubmitted."

 

IGNORANCE OF THE LAW IS NO EXCUSE

 

This may sound like or Doom and Gloom Hatonn -- and it is not! This is the latest published version of a proposed Constitution brought to you by the best legal experts in the field per 1974, sixteen years ago! What US Corporation international agreements and treaties, Presidential international agreements and treaties, and other UN, CIA, and FBI agreements and treaties that have been made to date that may have superseded (have replaced) our current Constitutional Rights -- I know not. What would constitute a "state of emergency" to supersede all of your proposed Constitutional rights? -- I know not: but I do know that large numbers of people are very easily frightened by cloud formations and weather balloons! I remain very concerned.

http://www.fourwinds10.net/journals/pdf/J015.pdf