Several months ago I published “A More Perfect Constitution”. Its language in many places is directed at abuses that have arisen in America’s governance. Because of its daunting length, I suspect that few readers have digested it whole, and that even fewer reader have been taken notice of the many places in which the document strives to undo the damage that has been done to Americans’ liberties. This series of posts highlights that language in bite-size chunks. Links to all excerpts are given at the end of this post.
III. RIGHTS AND PRIVILEGES OF CITIZENS
Rights and privileges conferred by and reserved under this Constitution apply equally to citizens of the United States but not to persons who are not citizens, except as provided herein. Neither the government of the United States nor any State may abridge any rights conferred by or reserved under this Constitution.
A. Equality and Guarantee of Rights and Privileges
Neither the government of the United States nor that of any State may do any of the following things:
1. Deprive any person, corporation, or other private entity living or operating lawfully within the jurisdiction of the government of the United States or any State of life, liberty, or property without due process of law. Due process, for this purpose, shall be understood as the disposition of a civil suit or criminal charge by verdict or settlement, and not any other act of government.
2. Prohibit the free exercise of religion, except where a particular religious activity would result in the commission of an act that otherwise is criminal, irrespective of its religious connotations or provenance (Article III, Section A, Clause 6 pertains). The free exercise of religion includes but is not limited to the use of government-owned, -operated, or -funded property — including institutions of learning — for brief periods of meditation and for teaching about religion, as long as such teaching is comparative. Such property, when not in use by a governmental unit, may be used for religious activities or observances of any lawful kind, as long as such functions are not endorsed or sponsored by a governmental unit, and as long as the same property is made available under the same terms and conditions to other users. It is a denial of the free exercise of religion for any governmental unit to bar the invocation or mention of a deity or other religious figure by any person at any time or place.
3. Establish religion, either directly or by funding or giving material aid to any religion, religious activity, or any activity conducted by or on behalf of a religion or religious institution. Allowing the free exercise of religion in accordance with the preceding clause is not an establishment of religion. Further, this clause shall not be construed to prohibit the giving of funds or material support directly to individual persons, even though such funding or support might be used by those persons to underwrite a religious purpose — including but not limited to religious education — as long as such funding or support is given for a non-religious purpose, including but not limited to education, and is made generally available to all eligible persons without regard for their religious affiliations or lack thereof.
4. Abridge, influence, shape, restrict, or give preference to the expression of ideas or information for any purpose by any citizen of the United States or on behalf of a business or other private organization operating lawfully within the United States. Congress may nevertheless enact laws prohibiting and punishing the release of information by any person, whether or not affiliated with the press, that would endanger the security of the United States or any State or citizen (including their businesses wherever located), or that would jeopardize the ability of the armed forces of the government of the United States to perform their missions. Congress may also enact laws prohibiting and punishing the utterance or publication of ideas that would circumscribe the economic or social liberties of citizens of the United States, as they are recognized in this Constitution.
5. Abridge the right of citizens to assemble peaceably and to petition government for the redress of grievances. This right does not include acts that threaten or harm persons or their property or which impede or obstruct the access of any person to any place, public or private. Neither the government of the United States nor any State shall incur or reimburse any expense related to or arising from acts of assembly and petition, except to indemnify or rectify damage that may have arisen pursuant to such acts.
6. Establish or delineate special classes of citizens or special rights or privileges for classes of citizens within its jurisdiction, for any purpose. Prohibited delineations include but are not limited to race, ethnicity, religion, gender, sexual orientation or preference, and status as a veteran of the armed forces of the government of the United States or any State. But this clause does not limit the ability of Congress to provide by law for the treatment by employers of members of the armed forces when they are called to active duty, or to compensate or provide material support to veterans of the armed forces. Veterans of the armed forces otherwise may not by law be granted special rights or privileges, such as preferential treatment in hiring or promotion based on their status as veterans.
7. Abridge the right of any citizen, business, or other private entity operating lawfully within the United States to choose freely the persons or organizations they will associate with, employ, or do business with, notwithstanding any contractual or funding relationship with the government of the United States or any State. This clause specifically, though not exclusively, bars any form of governmental interference in the decisions of private employers to hire, promote, transfer, or terminate employees. Also barred specifically, though not exclusively, is any governmental act that requires, enables, or recognizes the formation of any organization of employees for the purpose of bargaining with employers about the terms or conditions of employment.
8. As an employer, discriminate or authorize discrimination, in any explicit or implicit way, for any reason, with respect to gender, race, ethnicity, national origin, language, religion, sexual orientation, or veteran status, except that a governmental unit may by law be authorized to practice such discrimination for the sole purpose of ensuring the effective performance of that unit. This clause may not be construed to prohibit the establishment of mental and physical standards of performance, as long as those standards are job-related and applied impartially to all classes of employees and persons eligible for employment.
9. Nullify, alter, or otherwise affect any contract, either expressed or implied, that does not contravene this Constitution or otherwise constitute or suborn a crime against any third party. This clause applies to any voluntary transaction of any kind, where the parties to such a transaction are adult persons, corporations, or other private entities authorized by law, or any combination of these. This clause does not apply to marriage, civil unions, or similar arrangements, which shall be regulated by the States, individually.
10. Grant any rights, benefits, or privileges to non-citizens, except that non-citizens, including persons and corporations or other private entities operated by non-citizens, shall be entitled to due process of law for civil and criminal proceedings of the government of the United States or any State to which they may be subject. This clause does not apply to enemy combatants, the definition and treatment of which are prescribed elsewhere in this Constitution.
Excerpt 1, from Article II: CITIZENSHIP, VOTING, AND RELIGIOUS TESTS FOR OFFICE