Constitution: Difference between revisions

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The intent is to ensure that government agents are not granted qualified immunity.
The intent is to ensure that government agents are not granted qualified immunity.
The Constitution is the highest law of the land, and the oath of office for government officials specifies their one job: to defend the Constitution. The highest law cannot be enforced if each individual whose oath is to defend it has no power or responsibility to act in its defense. Every person must retain the right to refuse to obey an unconstitutional order. Every person must be able to refuse to enforce or obey an unconstitutional law or regulation. Every person must be able to defy an unconstitutional decision by anyone, including a judge. The Constitution exists above all these subordinate mechanisms.
The founders envisioned a free country of free men. How would sovereign individuals act in relation to each other? Not as masters and slaves; or as kings and subjects. A society properly designed would not establish asymmetrical relationships. Equality under the law and equal protection by definition means that such an asymmetry must not exist.

Revision as of 15:36, 6 March 2025

Rights

An individual in a private capacity is a free person with rights.

Truth

Government and its agents must be truthful in all of its actions and dealings.

Expiration

Legislation must have sunset expirations by default. Renewal must be authorized explicitly, not en masse, according to cost-benefit analysis.

Equal Protection

Laws must not classify individuals with unequal privileges and immunities.

The intent is to ensure that government agents are not granted qualified immunity.


The Constitution is the highest law of the land, and the oath of office for government officials specifies their one job: to defend the Constitution. The highest law cannot be enforced if each individual whose oath is to defend it has no power or responsibility to act in its defense. Every person must retain the right to refuse to obey an unconstitutional order. Every person must be able to refuse to enforce or obey an unconstitutional law or regulation. Every person must be able to defy an unconstitutional decision by anyone, including a judge. The Constitution exists above all these subordinate mechanisms.

The founders envisioned a free country of free men. How would sovereign individuals act in relation to each other? Not as masters and slaves; or as kings and subjects. A society properly designed would not establish asymmetrical relationships. Equality under the law and equal protection by definition means that such an asymmetry must not exist.