Bill of Rights Revitalization Amendment

H. J. Res. 5


IN THE HOUSE OF REPRESENTATIVES

JULY 19, 2022

Mr. CITYUSER (for Mr. DANNYBOYJURIST) submitted the following joint resolution:


JOINT RESOLUTION

To establish a new Bill of Rights.


         Resolved by the Senate and House of Representatives of the State of Firestone in Congress assembled (two-thirds of each House concurring therein), That the Constitution of the State of Firestone shall be amended as follows—

SECTION 1. SHORT TITLE.

    This constitutional amendment may be cited as the “Bill of Rights Revitalization Amendment”.


SEC. 2. REVITALIZATION.

    (a) The current Bill of Rights, including its preamble, shall be repealed in its entirety.

    (b) A new Bill of Rights shall be established as part of the Constitution of the State of Firestone, which shall contain ten sections.

         (i) The first section shall be titled “Section I - Freedom of Expression” and state: “The government shall be prohibited from using its authority to restrict or prohibit individuals from free expression, be it speech, art, journalism, or otherwise. Free expression shall only be limited by the relevant Terms of Service or other rules of conduct for the platform of which said expression is employed on. The government shall make no law on slander, libel, or defamation.”

         (ii) The second section shall be titled “Section II - Freedom of Assembly and Petition” and state: “Citizens shall have the right to peacefully assemble. This right cannot be curtailed by the government except to quell riots, threats to public safety, or insurrection. Notwithstanding this right, incursion onto private property under the guise of protest is not protected. Citizens shall also maintain the right to petition the government without fear of retaliation. The extent of who can be petitioned and what is specifically required shall be detailed by Congress, though it cannot unduly impose on this protection.”

         (iii) The third section shall be titled “Section III - Right to Due Process” and state: “Any person subject to the state’s legal system shall be entitled to due process of law. Any person accused of a crime shall have the right to an attorney throughout the legal process, including questioning. Furthermore, no person shall be forced to incriminate themselves, and shall maintain the right to remain silent in all criminal matters. No person shall be subject to cruel and unusual punishment. Testimony taken under duress or without advisement of the rights in this section is inadmissible.”

         (iv) The fourth section shall be titled “Section IV - Right to Bear Arms” and state: “The government shall be prohibited from using its authority to unduly restrict citizens from owning and possessing firearms for defense of life and liberty. Though it is not prohibited from taking reasonable measures to protect public safety.”

         (v) The fifth section shall be titled “Section V - Right to Vote” and state “Citizens shall have the right to vote in any election for public office. The government shall not disenfranchise any citizen. Notwithstanding this section, citizens prohibited from accessing certain platforms on which votes may occur due to moderation shall lack recompense.”

         (vi) The sixth section shall be titled “Section VI - Prohibition of Taxation” and state: “The government shall be forbidden from imposing any tax or duty. This shall not be construed to prohibit fines as a penalty for a criminal offense.”

         (vii) The seventh section shall be titled “Section VII - Right to Public Information” and state: “A transparent government, being necessary to the success of a free and republic form of government, shall be protected. Congress shall make and maintain legislation for the access of non-classified government documents, records, etc. The government shall not unduly restrict this right. Judicial records, excluding lawfully sequestered hearings relating to classified material and jury records, shall always be public.”

         (viii) The eighth section shall be titled “Section VIII - Protection Against Unlawful Search and Seizure” and state: “Agents of the state cannot search private persons or property without a warrant. Agents of the state may conduct a warrantless search if they have immediate probable cause of an arrestable offense or freely given consent. Law enforcement officers and emergency services may enter private property in the event of an imminent threat to life or public safety on or within the property.”

         (ix) The ninth section shall be titled “Section IX - Right of Habeas Corpus and Prevention of Ex Post Facto Acts” and state: “Any person subject to detention, detainment, or arrest by the government or its agents shall have the right to know the reasoning for the relevant state action against them immediately upon enactment of the action; this right can only be temporarily curtailed when necessary to resolve an immediate emergency facing the agent. Upon conclusion of said emergency, reasoning shall be given. If a person is subject to detention or detainment without a given reasoning, they may petition for a writ of habeas corpus pursuant to Article III of the Constitution. The government shall make no law with ex post facto effect, nor impose any penalty ex post facto.”

         (x) The tenth section shall be titled: “Section X - Right to Equal Protection” and state: “The government shall be forbidden from exercising its authorities to disadvantage any person based on sex, gender, sexual orientation, race, ethnicity, nationality, disability, or religion; furthermore, no person shall be denied equal protection under law.”



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