If we’re serious 072825
About equality
We’d recognize that equal is an absolute as are all of its variants like equality. Acknowledging that, we’d initiate the Amendment process with Amendment 28 (XXVIII) that would simply be The Equality Amendment, and would state that all persons legally resident in the United States of America and/or subject to its jurisdiction are considered equal under the law for all purposes to which any law applies. There would be no exceptions for race, creed, previous condition of servitude or imprisonment, sex or sexual orientation, economic status, or any other qualification. Any previous amendments, laws, court decisions, regulations or other legal constructs conflicting with the terms of this Amendment would be rendered invalid and void upon ratification of the Amendment and any living persons or existing estates that were harmed or limited under those laws would be made whole. The right to vote would be limited to citizens of the United States, wherever they happened to be living and citizenship would be based on having been born in this country or to citizen parents or having been legally naturalized. Congress would be mandated by the Amendment to pass enabling legislation to ensure that the Amendment takes force immediately upon ratification and that sufficient funding is available to effect such remedies as are necessary. The gist of this argument is that the Equal Rights Amendment, the Voting Rights Amendment and all of the other laws and court decisions attempting to piecemeal remedy the inequalities that were established at the founding of this country should not have been necessary and have no legal or moral value or import.
There is no valid information or moral argument anywhere that establishes the right of one race, sex, or other division to exert coercive force against another and it is past time we recognized that in the fundamental legal basis for the existence of this nation. I recognize that this is easier said than accomplished, but if we are to avoid repeating the events of the 1860s, late 19th century, 1929, the 1960s, and today, it is essential that we lay this foundation. The lawyers among us will have ideas about proper language, but the point must necessarily remain. These truths were once held to be “self-evident” and must now be made a concrete part of our legal existence.
“I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will well and faithfully discharge the civic responsibilities expected of every American.” This oath, and no other qualification, would be required of everyone registering as a voter in any jurisdiction.
Would that it were so. The American Soul is deeply wounded. “They are people and they are here”, said John Adams. This country, born of the spiritual, political and economic unrest of 17th century, is struggling to live up to its promise. Every day I thank the gentlemen who pledged their lives, their fortunes and their sacred honor to create this country.
Those concepts are in the Equal Protection Clause of the 14th Amendment and the 15th Amendment. That we still think we need more shows how impossibly difficult it is to draft foolproof language.