Unfinished draft – work-n-progress — topics incl. vocabulary ~ self-determination, autonomy 06-02-2023 @ 1:14 stop for now
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The Constitution ~ what it is and what it isn’t!
There are 4,543 words in the United States Constitution, but only 511 of them are nouns and “concept” words that define constitutional principles and process.
Our individual rights and personal lives are defined by the Roberts Court based on those nouns, so I created an alphabetical list of the 511 nouns so we can see what made the cut and what didn’t.
Based on each of the 4,543 words — particularly the nouns and idea-words — the logical conclusion is the US Constitution created an impersonal system of democratic governance modeled on the democratic principles used successfully by the ancient Greeks, Romans and highly-regarded English system going back to the Magna Carta in 1203, which established a Parliamentary system of representational government.
The framers of the Constitution did a masterful job of creating a democratic system of self-governance that included “separation of government powers”, “checks and balances”, and elections of public representatives and other officials of the federal government.
The Constitution is about creating a functional national government. With a very few exceptions (habeas corpus, trial by jury, etc) that Constitution has nothing to say about what happens within the physical body of a mentally-competent American citizen or legal resident.
The Constitution’s list of individual rights is very short and leaves out more than it includes!
Unless one has been accused or convicted of a crime that would legally authorize government officials to the control our bodily functions, We, the People, as individual persons, have the natural right to control our physical bodies — what happens to them, what is put into them. This legal principles is the basis of laws that make rape an illegal criminal act.
Obviously the presence of fertilized ovum is not the exactly same kind of situation, but it strongly relates to the natural law that what it means to be a ‘free person’ — United States citizens, resident of the state, voter, a person with a social security number and bank account and the right to say no to others who want us to eat their food, consume alcoholic drinks, get a tattoo, take drugs of any kind, join the army, or take a ride in a hot-air balloon.
Using the Constitution’s lack of the word “abortion” as the legal basis for banning the termination of non-viable pregnancies is itself unconstitutional.
First, the US Constitution does not include the word “abortion”, neither does it include the word woman, man, consensual sex, sperm, ejaculate, birth canal, pregnancy, embryo, fetus or childbirth. It also does not include the words male or female or any words that describe in vitro-fertilization, surrogacy, or non-consensual sex such as ‘rape’.
???? Other words that did not make the cut include ????
The Constitutional also does it address in any of the theoretical issues or practical realities associated with decisions to terminate a non-viable pregnancy for medical reasons, address any of the acts involved in termination of a pre-viable pregnancy by medical or surgical means, or any of the subsequent issues of surrounding the various reasons that abortion is deem necessary by the woman or her professional healthcare providers.
How can anyone rationally site the Constitution in Dobbs, or any other judicial decision, as having the “force of law” in regard to the specific issue of pre-viable pregnancy termination by a consulting adult?
Edit line — June 2nd, 2023 — > Second, the list of these words is a simple and straightforward way to establish that the Constitution, all by itself without the Bill of Rights — has almost nothing to do with the lives or personal bodily freedoms of American as individuals. And in regard to access to safe and legal abortion services, the Bill of Rights is not very helpful, as the only nouns that would apply to our rights as individuals are the words “life” and “liberty”. For those who are already strongly supportive, that is more than enough, but the world legaleze, those two words do not provide that kind of unimpeachable case that we would hope for.
Justice Alito repeatedly stated that because the word “abortion” was not printed in the Constitution, there was, in his opinion no constitutional ”right” that would prevent any legal jurisdiction – state, county, city, or federal – from banning legal access to abortion services. Legally denying women access to safe and legal services, even if termination of a pre-viable pregnancy was necessary due to the mother’s physical or mental health, if the pregnancy would risk her life or the unborn baby had medical condition that was incompatible with life.
His reasoning on Dobbs explicitly dismissed language in the 14th amendment of the Bill of Rights. This is an extremely salient point, as virtually ALL our individual rights as citizens and legal resident originate from the Bill of Rights. Without these rights, the Constitution’s lack protection for people, including the right to live and other fundamental human freedoms as judged by the Founding Fathers was so glaring that several of the 55 delegates to the Constitutional Conventions, men intimately involved in writing the Constitution, actually refused to sign there name on it specifically because it didn’t include guard the rights of individuals.
That’s because the focus of the 55 delegates to the Constitutional Convention was never on establishing individual human rights, but about the very BIG job of establishing a democratic country from the 10,000 foot view, one that would be able to both endure and to thrive politically, commercially, while competing successfully with other countries and when necessary, defending itself militarily. They saw personal issues of all sorts, including but not restricted to pregnancy, as a personal or family issue, having nothing to do with the Constitution. This actually is a historically documented fact with contemporary published reference (see Planned Parenthood website)
We must remember that the official purpose of the Constitutional Convention was to rewrite or “repair” the dysfunction “Article of Confederation”. This also was a document that was all about the power of the states and a relatively restricted role of the federal government. For more information on this topic, read the Federalist Papers, which does a great job of making the important distinction between the big impersonal ideas of governance at the scale of the entire population of the American colonies, and the issue of individual citizens and personal freedoms.
Hundreds of Constitutional nouns, but none have anything to do with the granular level of individuals and their personal issues
No noun or object minted after 1787 – internal combustion engines, planes, moon rockets, radios, telephones, television, expensive Gutchi bags, computer chips and computers, Google, the rest of the Internet, organ transplants or any building taller than the Washington Monument, his compatriots decided that
Our Constitution does an excellent job of providing a practical structure for governance in the same context that corporate by-laws and administrative flow-charts enumerate the legal organizational structure of a legal company or corporation. However, the obvious goal for the Founding Fathers was to enumerate the organizational chart for a country based on the ideals of a democratic republic, so fact of having an organizational structure was neither new, nor restricted to just governmental institutions.
However the topic – representational government within a country that considered itself to be a democratic republic was, except for Athens in 500 BC, a new, never done before idea. As such it was an “adventure” in creating and designing a system that would do what they wanted – allow the fair and effective governance of the population in ways that promoted stability and the same time allowing for innovation in many arens of “the public good” – commerce, trade, military defence, and
The 55 Founding Fathers knew they faced a big, complex and incredibly important a job – nothing less than developing a working plan for citizen-led government and writing it down as an perpetual blueprint for a democratic republic. If for any reason it didn’t work, all the military and civilian causalities of the Revolutionary War would have been for nothing — the British would roar back to take over the colonies and extract retribution for ever having declared independence from the English Crown.
Officially, the delegates were supposedly to be rewriting Articles of Confederation” (predecessor to our Constitution) but they quickly concluded that the Articles were fatally flawed and set them aside. Then they started writing a brand new version from scratch, with only a vague idea of exactly what the end product would be.
For many reasons, this was really big and difficult undertaking. In addition to the obvious – citizens writing a “constitution” for an untried thing described as a “self-governing” government. Among the 55 Founding Fathers, there were enormous difference in their political, economic, religious backgrounds and the social status of their families. Their ages and life experience were different, as were the parts of the country they came from and whether they lived in urban areas or rural areas of the country. In particular, was the issue of whether or not they owned slaves, or at least were neutral about the issue.
something that required equally big ideas. These men were all very well-intentioned and high experienced in the politics of self-governance. It required a “mile high” perspective to do the job at hand and indeed, they did that job so incredibly well our US constitution is
According to Jefferson:
“[A] bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse.” Thomas Jefferson, December 20, 1787
https://constitutioncenter.org/the-constitution/full-text
Text of the US Constitution
Defining the three branches of government and specifying the type, size, and number of members for the Senate, House and Supreme Court.
It grants scripted authority to the Legislative Branch to:
Article I ~ Section 8: Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money, regulate Commerce with foreign Nations, and Indian Tribes; establish Rule of Naturalization, and uniform Laws on Bankruptcies
To coin Money, … fix the Standard of Weights and Measures; provide Punishment of counterfeiting the Securities and Coin of the United States;
To establish Post Offices and post Roads; promote the Progress of Science and useful Arts, by securing limited Times to Authors and Inventors exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies on the high Seas, and Offenses against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District {ie. District of Columbia} (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;
And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9: Powers Denied Congress
The Migration or Importation of such Persons {i.e. slaves} as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10: Powers Denied to the States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Article III ~ Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished …
Article III ~ Section 2
The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed
Article II ~ Two
No Person held to Service or Labour (i.e. slaves) in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due (ie. slave owner).
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???? the how that includes trial by jury for ?????
If we, as individuals and as a democratic country, are depending on the vocabulary of the US Constitution to defend our freedoms and rights as citizens, we will utterly disappointed, find the we cannot to rely on the US Constitution or the currently seated US Supreme Court Justices to protect or promote the principles of democracy.
As citizens and legal residence of the United States, the model of government – a representative democratic republic — initially configured by the 55 delegates of the Constitutional Convention and ratified by the 13 colonies, has been dissolved into a political fiefdom under the control of partisan politicians who appointed partisan judiciary to the US Supreme Court.
A note on the happenstance of the English alphabet:
I discovered an interesting dispersal of alphabet letters. Five of letters of the alphabet – G, K, Q, X and Z — have few if any words associated with them. At the other end of the spectrum, the letters “C” and “P” are the apparent work horse of the English language. Who knew!
Copied and used earlier This list of the five hundred and eleven nouns used in the US Constitution are seen by Justice Alito as legally defining the actionable legal concepts and precepts that decide what is and is not “constitutional”.
Becoming familiar with all 511 of these extraordinarily important nouns is useful in many ways. First, it provides a Justice Alito-approved list of exactly what our constitutional rights are based on – the easily confirmed fact that they either do or do not appears in the US Constitution.
This is an extremely important topic under the current definition by these majority of the US Supreme Court that has legally concluded via the Dobbs Decision that the Constitutional rights of American are both defined by and confined to the 4,543 words actually printed in the document signed by the members of the Constitutional Convention on September 17, 1787.
This puts vocabulary – nouns printed in the document – as having precedence over the principles of governance that would normally be extrapolated by readers of the document based on the combined meaning of all four thousand-plus words used in the text.
The 511 nouns and concept-words in the US Constitution, September 17, 1787
A ~ America, American, age, arrest, armies, ability, article, authors, account, adjourn, alliance, adoption, authority, attendance, affirmation, ambassadors, adjournment, appointments, amendments, appellate jurisdiction, Aid and Comfort, Advice and Consent {27}
B ~ bills, ballot, branch, bribery, behavior, bankruptcies, bill of attainder, breach of the peace {13}
C ~ Constitution, Congress, citizen, civil, choice, coin, class, cases, census, captures, concurrence, compensation, commerce, consent, credit, capitation, confederation, compact, control, claims, consequence, controversies, convention, compensation, commission, councils, commissions, Chief Justice, common defense, citizen classes, citizens & subjects, courts of law, cases of impeachment, cases of rebellion, consequences of appropriations, claims of the party, cessation of particular states, confession in open court, consent of the legislatures, citizen of the United States, commander in chief of the army and navy {77}
D ~ day, duty, delay, debts, death, desire, debate, duties, danger, district, dockyards, disability, discipline, discoveries, department, disagreement, domestic violence {18}
E ~ excises, exports, electors, enemies, election, execution, expiration,
engagements, enumeration, emoluments, establishment, expenditures, exclusive right, executive authority, executive departments, erection of fourths, ex post facto law, execution of his office {29}
F ~ felony, felonies, forfeiture, free persons, foreign nations, Full faith and credit {11}
G ~ general welfare {2}
H ~ honor, house, high seas, House of Representatives, Heads of Departments {10}
I ~ Indians, imposts, inventors, invasions, information, inhabitants, indictment, insurrection, impeachments, Indian tribes, inferior officers, inferior courts, intents and purposes, importation of persons, independence of the United States inability to discharge powers and duties {32}
J ~ Jury, justice, judgment, jurisdiction, judicial power, judicial proceedings, Judge of elections, judges of the Supreme Court {16}
K ~ King {1)
L ~ labor, land, land grants, law in fact, law in equity, law, Law of Nations, Laws of the Union legislature, Letters of Marque, liberty, list, limitations {25}
M ~ miles, manor, money, manner, member, militia, meeting, motives, majority, members, migration, magazines, measures, maritime jurisdiction, meeting of the legislature {19}
N ~ nays, navy, names, natural born citizen, naval forces, nobility, needful buildings, numbers, number of electors, number of senators and representatives {20}
O ~ oath, oath or affirmation, objections, office of the President of the United States, offenses, officers, opinion, orders, other officers, other crimes and misdemeanors, ordain and establish compensation, overt acts {29}
P ~ part, paragraph, party, places, prince, person, persons, people, ports, profit, powers, purpose, piracies, posterity, proceedings, proportion, pursuance, punishment, post office, post roads, public records, public ministers, principal officer, progress of science, pardons for offenses, president pro-tem, president of the senate, power of impeachment, privilege of the writ of habeas corpus, property belonging to the United States, privileges and immunities of citizens in the several states (66)
Q ~ quorum, question, qualifications {3}
R ~ ratified, Ratification of the conventions return, recess, receipts, reconsideration, regulations, religious test, removal, representative, reprieves, reprisal, resident, resignation, resolution, returns and qualifications, revenue, rule of naturalization, rules for the government and regulation of land, republican form of government {38}
S ~ seats, seat of government certificates, seat of the government of the United States, secrecy, securities, Section for guaranty, Senate, speech, speaker, section, session, senators, ships of war, services, suffrage, standards, statement, subject, Supreme Court, states, state legislature, state of the union, supreme law of the land {46}
T ~ tax, taxes, term, term of years, territory, term of years, Times, time of adjournment, tinder, tonnage, title, title of nobility, tranquility, training, tribunals, trial, trial of all crimes, treason, treasury, treaties, treason against the United States, trees, troops, testimony, trust {40}
U ~ United States, Union, useful arts, unanimous consent {7}
V ~ value, vote, vessels, vacancies, vice president {6}
W ~ war, water, weights, writings, witnesses, writs of election {8}
X ~
Y ~ year, years, Year of our Lord {6}
Z ~
Total 511 words
Signed on the 17th day of September, the 12th witness thereof, here on to subscribed our names,
- Washington – PRESID and deputy from Virginia
Ratified by: New Hampshire, Massachusetts, Rhode Island, Providence plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia
