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What is the People’s Right Amendment?

You will not hear much about this amendment in the news but you should. This amendment is about restoring the rights of each and every citizen of this country.  Some parts may be considered controversial but in reality they are not.  We elect individuals at the local, state and federal government levels to make decisions for us but those decisions should be in agreement with the Constitution at the federal and state level of governments.  Senate amendment Joint resolution 18 and House amendment resolution 21 are proposals to reestablish rights of each and every citizen as they should be not as they have become with the current philosophy of the federal government.

There are two distinct legislative proposals currently in the Senate and House of Representatives the aim of which are to overturn the fabricated doctrine of corporate constitutional rights and restore the promise of American self-government of, by, and for the people.  Our judicial system has made decisions about corporate responsibilities and rights in that they should be treated as individuals when in fact the Constitution does not reference anything related to the corporate structure.  The amendment basically leaves the rights of these entities to state governments to determine their rights and responsibilities.  This is as it should be.  The purpose of the Constitution is to define the authority and responsibilities of the federal government and leave all other responsibilities for the states to decide.

There are three sections to these legislative efforts contained in this legislative or resolution proposal.  Each section addresses specific objectives which should get the exposure it deserves by all the media but to date this has not occurred.  Section 1 is provided below:

 

“Section 1.  We the people who ordain and establish this Constitution intend the rights protected by this Constitution to be the rights of natural persons.”

This section refers to the rights protected by the Constitution.  The Bill of Rights which consists of the 1st ten amendments to the Constitution is constantly under attack by individuals, organizations and even government entities.  Our rights under the Constitution should be protected not attacked by those who feel  they should be restricted so government can control our actions such as freedom of religion, freedom of the press and  freedom of speech to name a few.

Section 2 of this legislative effort talks about the Constitution but does not refer to corporations as such being having certain rights in the Constitution.  Protecting citizens when corporations are not being responsible with regards to not only their products and services but their warranties is the responsibility of federal and state governments as applicable.  It is true that states have the primary responsibility as defined in article 10 of the Constitution including organizational structure.  One distinction which must be made is that individuals own corporations.  Corporations are typically owned by stockholders and in this respect the rights of individuals within corporations are as owners fall under the Constitution.  I agree as designated in this legislative effort that corporations are not individuals.

Another aspect which designates that corporations are not individuals is the tax rules involved with corporations.  They are not taxes at individual rates but at a corporate rate giving further distinction they are not an individual.  The details of section 2 of this proposal are provided below:     “Section 2. People, person, or persons as used in this Constitution does not include corporations, limited liability companies or other corporate entities established by the laws of any state, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected state and federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.”

 

The last section of this action to preserve the rights we have engrained in the Constitution confirms the fact this proposal should not be construed to limit the people’s rights.  It basically reinforces our rights under the Constitution contained in the Bill of Rights.  Those individuals who we elect must protect these rights through honoring the Constitution and what it stands for.  Actions of Congress through legislative proposals need to refrain from initiating restrictions on any rights contained in the Constitution.  Government has grown so big that it feels or gives the appearance it feels they know best rather than letting individuals make their own decisions regarding their lives and the lives of their families. The language of this legislative proposal under section 3 is provided below:

 

“Section 3.  Nothing contained herein shall be construed to limit the people’s rights of freedom of speech, freedom of the press, free exercise of religion, and such other rights of the people, which rights are inalienable.”

 

The people’s right amendment has a long way to go in getting the necessary votes to have it become part of the Constitution.  It is refreshing however to see some action by Congress concerning the rights we have in the Constitution which is a change for the better.  Too many laws and regulations are infringing upon our rights as citizens.  While some involvement by the federal government is necessary a large majority of laws and regulations and in some cases they infringe on state’s rights according to article 10 of the Constitution.  The language of this article is as follows:  “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.”  Congress needs to step up to the plate and protect the freedoms we have under the Constitution and this legislative proposal is a great first step.  Regardless of whether this amendment gets passed to be added to the Constitution those we elect are there to honor the Constitution not ignore.  We must remind them of this fact as often as we can.

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Dennis AuBuchon

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