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To: xmission
That's the $64K question: assuming we have to start all over again, the big issues are:

a) I assume almost all Americans agree on most of the bill of rights (freedom of speech, freedom of religion, equality under law, etc.)-- What about the 2nd Amendment? What actually constitutes 'establishment' of religion? When does the 'separation' of church and state become a policy of official atheism and a suppresion of religion?

b) how much 'policing' power do we want to give the Fed gov? Reviewing this issue historically, was the Food and Drug Act the beginning of excessive interference? The income tax? The minimum wage? he Fed reserve? Paper currency? Environmental regulations and takings? What about the incorporaion clause and states rights? What would most even here on FR agree to?

c) What about the military and foreign affairs? Should a new Constitution force a libertarian, isolationist stance with a small military? Allow a draft? Require a draft? Leave things as they are?

Do w want to re-open the whole can of worms; or, do we want 'push-back' on certain critical areas: i) the RKBA an its incorporation against the states; ii) unrestricted political speech (no campaign finance 'reform', no 'unfairness' doctrine), iii) rejection of excessve federal regulation (environmental, economic, etc.) and an expanded sense of the takings clause (make the bastards pay) and re-privileging of private contracts; iv) term limits. Any other ideas?

120 posted on 02/22/2009 11:25:37 AM PST by pierrem15 (.338 Lapua-- reach out and touch someone from 1000+ yds)
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To: pierrem15
What about the 2nd Amendment?

We strike the part about the militia, so there can be no further confusion, and we never again hear anything about our gun rights being in jeopardy.

When does the 'separation' of church and state become a policy of official atheism and a suppression of religion?

Never. There is no such separation.

how much 'policing' power do we want to give the Fed gov?

Only enough to regulate interstate commerce :)

What about the military and foreign affairs? Should a new Constitution force a libertarian, isolationist stance with a small military? Allow a draft? Require a draft? Leave things as they are?

We need a military big, and advanced enough to protect ourselves, and our interests.
122 posted on 02/22/2009 11:36:00 AM PST by xmission (www.iwilldefendtheconstitution.com)
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To: pierrem15; xmission
A modern-English re-write IAW framer's intent may be in order. I also believe the provisions should contain the penalties for breaking them. Perhaps the amendments we agree to keep (all but #16 and #17, if I read my fellow FReepers right) should be included as "Appendices", and we can start new amendments at #1, if necessary. Would be nice if we can get it to a point where further amendment is unnecessary...

a) I assume almost all Americans agree on most of the bill of rights (freedom of speech, freedom of religion, equality under law, etc.)-- What about the 2nd Amendment? What actually constitutes 'establishment' of religion? When does the 'separation' of church and state become a policy of official atheism and a suppresion of religion? Try these new "Appendices":

1. Congress shall be neutral in matters of religion, neither approving nor prohibiting the public display or exercise of religious belief by Citizens. Congress shall not regulate the spoken or printed word, neither aiding nor preventing any Citizen in the expression in words of any idea. Congress shall neither prevent nor assist the peaceable gathering of Citizens for any purpose whatsoever, especially when such a gathering is purposed to demonstrate the will and petition of the Citizens. The concept in law of criminal thought or speech is abolished. To be criminal, it must be an overt act of force or fraud.

2. The right of the Citizen to weapons is inviolate. A Citizen may own weapons, carry them from place to place openly or concelaed, obtain such materials as enable maintenance and lawful use of them, without hindrance, regulation, or taxation. Any attempt to disarm a Citizen not in the commission of a crime shall constitute Treason, and be punished by public hanging.

3. Citizens will not be compelled to house agents of the government, civil or military.

That's just for starters, and no doubt someone can recommend better wording. I could keep going, but y'all might start getting bored and/or give up for the night. I'm a nightworker and must stay up another three hours; FReeping helps.

188 posted on 02/23/2009 1:36:43 AM PST by ExGeeEye (COTUS 2A should be the USA's ONLY gun law.)
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