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momta

(4,079 posts)
Sun Jul 3, 2022, 09:49 AM Jul 2022

Here's my stab at a XXVIIIth amendment:

When the Constitution refers to 'men' or 'women' it shall be understood as 'people'.

1. 'People' shall be understood as natural born persons. These include, but are not limited to
a. Women
b. Men
c. Children
d. People of any race, ethnicity, gender or ability

'People' shall be understood to EXCLUDE
a. Corporations
b. Guns
c. Ova, sperm, zygote, blastocyst or fetus unable to survive outside a uterus

2. People have a right to privacy and bodily autonomy. No state shall make a law infringing on any person's right to privacy and bodily autonomy.

3. This right is not absolute, but shall be assumed except in cases where Congress has deemed it invalid due to age, criminal conduct, or threats to national security.



Now, just to be clear...


1. Please don't tell me how naive I am. I know it has no chance. Just wishin' and hopin'.

2. I'm sure those lawyers out there can pick this apart like maggots on a corpse. That's fine. I'm just trying to help.
19 replies = new reply since forum marked as read
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Here's my stab at a XXVIIIth amendment: (Original Post) momta Jul 2022 OP
Sounds reasonable. Hugin Jul 2022 #1
Works for me. LoisB Jul 2022 #2
Good. Buckeyeblue Jul 2022 #3
#3 helps with vaccine mandates for handling a national security threat. Lucky Luciano Jul 2022 #9
Pretty good framework for an amendment... Wounded Bear Jul 2022 #4
I like it Mr. Steve Jul 2022 #5
Excellent way to help is ideas. KS Toronado Jul 2022 #6
I'd change "natural born" to "born" Gore1FL Jul 2022 #7
Isn't "just wishin' and hopin' " lyrics from a '70s song? rubbersole Jul 2022 #8
Yup. Dusty Springfield momta Jul 2022 #17
Thanks! rubbersole Jul 2022 #19
I'd vote for that! evolves Jul 2022 #10
Very good ... aggiesal Jul 2022 #11
Where does the constitution refer to "men" or "women" except in your proposed amendment? onenote Jul 2022 #12
In the writings of the current SCOTUS RainCaster Jul 2022 #13
how is that relevant to an amendment that addresses "when the Constitution" refers to men or women? onenote Jul 2022 #14
This message was self-deleted by its author scipan Jul 2022 #16
You're right, onenote. It doesn't momta Jul 2022 #18
I think this is great Picaro Jul 2022 #15

Buckeyeblue

(5,499 posts)
3. Good.
Sun Jul 3, 2022, 10:39 AM
Jul 2022

I think you just need #1 without qualification (I think the phrase natural born does your qualifying). And #2. I wouldn't include #3. Let those exceptions come about as they are needed.

Gore1FL

(21,146 posts)
7. I'd change "natural born" to "born"
Sun Jul 3, 2022, 11:34 AM
Jul 2022

Some Clarence Thomas wannabe of the 23rd century will use it to exclude c-section and test-tube babies.

rubbersole

(6,716 posts)
8. Isn't "just wishin' and hopin' " lyrics from a '70s song?
Sun Jul 3, 2022, 11:38 AM
Jul 2022

Long-term memory is catching up with short-term memory in the race to the front door. Now where's my phone so I can post this...

onenote

(42,733 posts)
14. how is that relevant to an amendment that addresses "when the Constitution" refers to men or women?
Sun Jul 3, 2022, 12:33 PM
Jul 2022

Response to onenote (Reply #12)

momta

(4,079 posts)
18. You're right, onenote. It doesn't
Mon Jul 4, 2022, 12:38 PM
Jul 2022

I'm not a constitutional scholar, but I checked, and you're right. The words don't appear in the constitution. So, I wouldn't mind just rewriting it to say "When the Constitution refers to 'persons' or 'people'...

Picaro

(1,524 posts)
15. I think this is great
Sun Jul 3, 2022, 12:39 PM
Jul 2022

I think that this sort of amendment should be filed and the blue states should go after getting it ratified.

I’ve noticed over my lifetime that the Republicans start everything out this way. They propose some thing that by the standards of the day is just completely insane.

And they keep repeating it, year after year, until it becomes almost normal. They did this with citizens United, they did this with Roe v. Wade, they did this with the 2nd amendment. they just kept repeating the lie or the crazy proposition over and over and over again until it finally took hold.

They who propose dispose. If your proposal is the only proposal on the table then it will probably win.

we need to fight back with our own proposals. No matter how crazy and liberal they seem.

these people are not going to stop and we shouldn’t either. Let’s take the battle to them.

Thanks for writing this up.

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