Sunday, June 5, 2011

Proposed Constitutional Provision (or Amendment)

It is the purpose of this Constitution to create a government based upon the Golden Rule. The Golden Rule states that we each should treat others the way we would want to be treated. We hold that the truth of this principle is self evident.

As stated in the United States’ Declaration of Independence, governments, “deriving their just powers from the consent of the governed,” and are instituted to secure certain unalienable rights. The list and content of these rights is determined by application of the Golden Rule. The self evidence of such rights depends upon the degree to which their derivation from the Golden Rule is certain.

We hold that the existence of rights to life, liberty, and the pursuit of happiness, among others, is self evident, but that the exact scope of these rights is less certain. It is the responsibility of the electorate and the government to determine, in good faith, subject to the Golden Rule, and pursuant to the processes set forth in this Constitution and other law that is valid under this Constitution, the contours of such rights.

Since each of us would wish that all beings capable of making decisions should take into account our cares and concerns, and the needs and necessities entailed by those cares and concerns, in all matters about which those others might make deliberate decisions affecting us or our situations, and to not favor the cares and concerns of others over our own cares and concerns because of the differences between ourselves and those others, so it follows under the Golden Rule, that all beings possessing cares and concerns should be treated with equal respect insofar as their cares and concerns should be treated with equal respect in all matters in which we are capable of making deliberate decisions. Thus, we hold that it is self evident that, in this regard, all beings possessing cares and concerns are equal and should be treated as such.

We, the people of this [world/nation/state/province/city], do covenant that we shall each endeavor, in all matters about which we are capable of deliberate decisions, to attempt to act in accordance with the Golden Rule. We, the people of this [world/nation/state/province/city], do covenant that we shall attempt to build community upon this foundation rather than upon any principle, or lack of principle, that would be inconsistent with the equal respect due to any being that possesses cares and concerns. These two covenants constitute the moral foundation of community.

A violation of this moral foundation shall not be subject to legal sanction unless the electorate or government determine in accordance with this Constitution, and law consistent with this Constitution, that legal sanctions shall apply to the particular violation.

It is the moral obligation of each member of the electorate to exercise his or her vote in a manner consistent with the two covenants which are the moral foundation of community. It is the moral obligation of each member of the government to act within the scope of the powers provided by law consistent with this Constitution, and to exercise any permitted discretion in a manner that is consistent with the two covenants that are the moral foundation of community.

Action in accordance with these moral obligations gives the electorate and the government moral authority. Actions that violate these moral obligations deprive the electorate and government of moral authority.
Accordingly, it shall be presumed when interpreting this Constitution or any other law, that the electorate or government that is responsible for the law’s existence, intended by their action to act in a manner that is consistent with the two covenants that are the moral foundation of community. Consequently, an ambiguity in this Constitution or other law shall be construed in accordance with this presumption. In determining whether this Constitution or any other law is ambiguous, one may consider any apparent inconsistency of the text with the two covenants that are the moral foundation of community.

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