Two posts today! Woot!
In my previous blog post I recommended we mandate in our next US Constitution upgrades be required as scale and time invalidate our rights. However, I only recommended a general solution. Here I recommend two specific solutions for assessing breaking points.
Allow Scale and Time AppealsOne way to assess breaking points is to allow a new kind of legal appeal or precedent of time and scale. In my previous blog post I lamented that the founders did not think to include an amendment that forbids waiving rights.
However, let us assume for the moment that we keep things the way they are. Assume people are allowed to enter into arbitration agreements in lieu of trial-by-jury. The breaking point could be assessed by allowing for a legal appeal by scale. If some contract or law includes waiving a right then the judgement can be appealed for reason of scale. If the arbitration were deemed a manifestation of scale or time then the appeal wins.
The legal quagmire that would ensue then would expose the breaking point, in this case courtrooms do not have enough capacity. The quagmire would be the motivation to amend the constitution.
The amendment to the US Constitution might go something like below.
Right to Scale AmendmentAny law suit is voided when rights are waived and waiving those rights are done so on a premise of cost, practicality, feasibility, time and other issues of scale.
Census ConsensusThe right to scale mentioned above is kinda obvious. Any time we are waiving our rights this should be a big red light: amend the US Constitution.
The more subtle one is capturing attitude change due to time shift. Examples of attitude shifts are:
- 100% shift where trial-by-jury that is mostly snubbed by Americans today.
- 50% shift where Americans are deeply divided on guns.
- New rights such as abortion where Americans have never spoken as a people.
My solution is census consensus. First we need to upgrade the census to be real-time via electronic updates. Albeit the web, phone or other device people need to be counted in real-time. We should institute a new US Constitution requirement that a real-time census be allowed, warts and all.
I do not advocate direct democracy. However, that should not prevent our representatives from knowing without polling how Americans feel on the important rights issues, including new rights like abortion.
All of our rights should be subject to census consensus. Breaking points of scale and time can be assessed by a census consensus. Changes to public attitudes over time can be monitored directly and not by polling, but a real-time census. People being counted as part of a census should include their rights attitudes. As rights attitudes change then amendments to the US Constitution are mandated.
Census Consensus AmendmentThe US Government will institute a real-time, electronic census that counts not only people but people's attitudes about rights. Any change of ten percent over ten years in rights attitudes mandates a US Constitutional amendment to reflect the attitude change.
No FearEvery generation should be extremely comfortable amending the US Constitution as reflects that generation's attitudes. For too long we have treated the US Constitution as sacred and something revered when it is far more important for every generation to own the US Constitution by amending it fearlessly to reflect the sensibilities of the day.
Well come! and Well met!