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Sunstein: Obama Wants ‘Second Bill of Rights’

30 Jan Posted by Milton in US Politics | Comments
Sunstein: Obama Wants ‘Second Bill of Rights’
 

We all know that President Obama has serious problems with the U.S. Constitution. We know this from his prior statements  where he characterized the Constitution  as a charter of negatives, saying what government cannot do as opposed to what government should do for the people. He also said that Supreme Court’s interpretation of the constitution did not go far enough to address injustices such as the need for redistribution of wealth .  Finally, Obama said that the Constitution has fundamental flaws that continue to this day. Now, with his reelection and there being no need for future campaigning, Obama will set a course to remedy what he considers to be failings of the U.S. Constitution; most notably social justice through the redistribution of wealth.

Obama has already taken one massive step towards his goal of redistributing America’s wealth both nationally and internationally. With Obamacare Obama has installed a massive government bureaucracy that will ostensibly shift wealth from the haves to the have not’s. But his efforts will not end here. Obama has surrounded himself with administrators like Cass Sustein, former Regulatory Czar, who are as committed if not more to Obama’s dream of redistribution.

Mere hours after Breitbart News published an excerpt from an interview with Sen. Rand Paul (R-KY) in which he speculated that President Barack Obama would “prefer a different kind of constitution,” one with a Bill of Rights based on the South African model, former Obama administration regulatory czar Cass Sunstein published an op-ed making a similar argument: that the president wants a “second Bill of Rights” alongside the existing one.

Sunstein located the source of Obama’s inspiration in Franklin Delano Roosevelt’s 1944 State of the Union address……Breitbart News

So who is Cass Sunstein? Anyone who watches Glenn Beck knows all too well of Mr. Sunstein. He is the former White House Regulatory Czar and a kindred spirit with Barack Obama on matters of the U.S. Constitution. Like Obama, Sunstein has major concerns with the U.S. Constitution or at least how conservatives use or interpret it.   Like Obama, Sunstein sees value in the constitution only if it is given a more contemporary as opposed to original intent interpretation.

In one of his more memorable monologues Glenn Beck had this to say about Cass Sunstein:

Cass Sunstein is a guy who is against the Second Amendment who believes that the purpose of the Second Amendment is not an individual right but a federal right. He says almost all gun control legislation is constitutionally fine and if the Court is right, the fundamentalism does not justify the view. The Second Amendment protects an individual right to bear arms. He believes that the Second Amendment is the biggest … is the biggest lie in American history. He also believes that we ought to ban hunting. …. He also believes that we need a second Bill of Rights. In a nutshell, quoting, the New Deal helped vindicate a simple idea. No one really opposes government intervention. Even the people who most loudly denounce government interference depend on it every single day. For better or worse, the Constitution’s framers gave no thought to including social and economic guarantees in the Bill of Rights. This will be a gigantic move in the direction of gigantic government.   Glenn Beck

So now with a second term before him chances are that we will see Obama make a move towards some policy initiative that will be tantamount to creating new “state” rights, a Second Bill of Rights” for citizens of the United States. But what will these policies look like?  As Sunstein noted, Obama will mirror his initiatives based on efforts by the person who Obama hopes to someday replace as the most progressive liberal president in history, Franklin D. Roosevelt.

During his presidency Roosevelt suggested that a new or Second Bill of Rights be established alongside the original rights enumerated in the Constitution. Roosevelt’s Second Bill of Rights was not a list of constitutional amendments, but rather policy goals.  Breitbart News

Like Obama, Roosevelt was labeled a Socialist for his efforts to expand government through regulation and social programs. A quick read of Roosevelt’s policy objectives reads like the constitution of the former Union of Soviet Socialist Republic (USSR) which did not come into existence until years after Roosevelt’s death. Nevertheless, the goals are the same and the wording between Roosevelt’s policy goals and the USSR constitution are eerily similar.

Below we have provided relevant provisions of the USSR constitution. We inserted, in ‘red’, Roosevelt’s policy initiatives which mirror the Soviet provision. These, Roosevelt’s policy goals, are the goals that Sunstein advocates that Obama adopt.  Although Obama has yet to adopt the policies in public, his rhetoric often mirrors the goals and hence it would not be too far fetch to at some point see Obama actually embrace and begin to move on the adoption of some if not all of these policies. Should Obama make a move in this direction will anyone in the media make the case that instituting such policies will set America on course to mirror a communist state, the failed former USSR which today is Russia?

In addition  to Roosevelt’s proposed policies we have also listed in ‘blue’ the current U.S. Bill of Rights. Like Roosevelt’s policies, we associated the Bill of Right Amendments to the USSR constitutional provision that most resembles the U.S. Amendment. It is interesting to note that the first right given under our Bill of Right is the First Amendment freedom of speech. The first appearance of this freedom in the Soviet constitution is found at Article 50 which clearly reflects the level of importance given by the Soviet Union to this right.

History tells us that the goal of the Communist Constitution was to ensure that the State provide every citizen with certain guaranteed “social” rights like the right to a home; the right to a job; the right to free education and more. Now, as Obama moves further towards his notion of “fairness” and wealth redistribution he hopes to do so by making the same guarantees that were sought in the USSR.  As opposed to guaranteed natural rights, those which make up the American Bill of Rights and which are provided not by man or the State but by God, Obama now chooses to take America to grounds already tested by the USSR and unsuccessfully at that. Could Obama’s actions be the first steps to eliminating our Bill of Rights in favor of a more progressive/socialist even communist bill of rights?

CONSTITUTION OF THE UNION OF SOVIET SOCIALIST REPUBLIC (USSR)

Chapter 7: THE BASIC RIGHTS, FREEDOMS, AND DUTIES OF CITIZENS OF THE USSR

Article 39. Citizens of the USSR enjoy in full the social, economic, political and personal rights and freedoms proclaimed and guaranteed by the Constitution of the USSR and by Soviet laws. The socialist system ensures enlargement of the rights and freedoms of citizens and continuous improvement of their living standards as social, economic, and cultural development programmes are fulfilled.

Enjoyment by citizens of their rights and freedoms must not be to the detriment of the interests of society or the state, or infringe the rights of other citizens.

All of these rights spell security. And after this war is won we must be prepared to move forward, in the implementation of these rights, to new goals of human happiness and well-being.

Article 40. Citizens of the USSR have the right to work (that is, to guaranteed employment and pay

The right to a useful and remunerative job in the industries or shops or farms or mines of the Nation;

The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;

Article 41. Citizens of the USSR have the right to rest and leisure.

The right to earn enough to provide adequate food and clothing and recreation;

Article 42. Citizens of the USSR have the right to health protection.

The right to adequate medical care and the opportunity to achieve and enjoy good health;

Article 43. Citizens of the USSR have the right to maintenance in old age, in sickness, and in the event of complete or partial disability or loss of the breadwinner.

The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;

Article 44. Citizens of the USSR have the rights to housing.

The right to earn enough to provide adequate food and clothing and recreation;

The right of every family to a decent home;

Article 45. Citizens of the USSR have the right to education.

The right to a good education.

Article 46. Citizens of the USSR have the right to enjoy cultural benefits.

The right to earn enough to provide adequate food and clothing and recreation;

Article 47. Citizens of the USSR, in accordance with the aims of building communism, are guaranteed freedom of scientific, technical, and artistic work. This freedom is ensured by broadening scientific research, encouraging invention and innovation, and developing literature and the arts. THe state provides the necessary material conditions for this and support for voluntary societies and unions of workers in the arts, organises introduction of inventions and innovations in production and other spheres of activity.

The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;

Article 48. Citizens of the USSR have the right to take part in the management and administration of state and public affairs and in the discussion and adoption of laws and measures of All-Union and local significance.

Article 49. Every citizen of the USSR has the right to submit proposals to state bodies and public organisations for improving their activity, and to criticise shortcomings in their work.

Article 50. In accordance with the interests of the people and in order to strengthen and develop the socialist system, citizens of the USSR are guaranteed freedom of speech, of the press, and of assembly, meetings, street processions and demonstrations.

First Amendment   Freedom of Speech

Article 51. In accordance with the aims of building communism, citizens of the USSR have the right to associate in public organisations that promote their political activity and initiative and satisfaction of their various interests.

Article 52. Citizens of the USSR are guaranteed freedom of conscience, that is, the right to profess or not to profess any religion, and to conduct religious worship or atheistic propaganda. Incitement of hostility or hatred on religious grounds is prohibited.

First Amendment / Establishment Clause   No State Religion

First Amendment / Free Exercise Clause   Freedom  of Religion

Article 53. The family enjoys the protection of the state.

Second Amendment / The Right to Bear Arms

Article 54. Citizens of the USSR are guaranteed inviolability of the person. No one may be arrested except by a court decision or on the warrant of a procurator.

Article 55. Citizens of the USSR are guaranteed inviolability of the home. No one may, without lawful grounds, enter a home against the will of those residing in it.

Fourth Amendment  Freedom from unwarranted search and seizeures

Article 56. The privacy of citizens, and of their correspondence, telephone conversations, and telegraphic communications is protected by law.

Article 57. Respect for the individual and protection of the rights and freedoms of citizens are the duty of all state bodies, public organisations, and officials.

Article 58. Citizens of the USSR have the right to lodge a complaint against the actions of officials, state bodies and public bodies. Complaints shall be examined according to the procedure and within the time-limit established by law.

Fifth Amendment   Due Process of Law

Article 59. Citizens’ exercise of their rights and freedoms is inseparable from the performance of their duties and obligations.

Article 60. It is the duty of, and matter of honour for, every able-bodied citizen of the USSR to work conscientiously in his chosen, socially useful occupation, and strictly to observe labour discipline. Evasion of socially useful work is incompatible with the principles of socialist society.

The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;

Article 61. Citizens of the USSR are obliged to preserve and protect socialist property. It is the duty of a citizen of the USSR to combat misappropriation and squandering of state and socially-owned property and to make thrifty use of the people’s wealth.

Article 62. Citizens of the USSR are obliged to safeguard the interests of the Soviet state, and to enhance its power and prestige.

Article 63. Military service in the ranks of the Armed Forces of the USSR is an honorable duty of Soviet citizens.

Third Amendment    Prohibits the forced quartering of soldiers of war time

Article 64. It is the duty of every citizen of the USSR to respect the national dignity of other citizens, and to strengthen friendship of the nations and nationalities of the multinational Soviet state.

Article 65. A citizen of the USSR is obliged to respect the rights and lawful interests of other persons, to be uncompromising toward anti-social behaviour, and to help maintain public order.

Article 66. Citizens of the USSR are obliged to concern themselves with the upbringing of children, to train them for socially useful work, and to raise them as worthy members of socialist society. Children are obliged to care for their parents and help them.

Article 67. Citizens of the USSR are obliged to protect nature and conserve its riches.

Article 68. Concern for the preservation of historical monuments and other cultural values is a duty and obligation of citizens of the USSR.

Article 69. It is the internationalist duty of citizens of the USSR to promote friendship and co-operation with peoples of other lands and help maintain and strengthen world peace.

ODDLY IT DOES NOT APPEAR THAT THE USSR CONSTITUTION HAS COMPARABLE PROVISIONS TO THESE PROTECTED AMERICAN RIGHTS.

Sixth Amendment   Right to a Speedy Trial

Seventh Amendment Right to a Trial by Jury

Eight Amendment  Freedom from Excessive Fines, Bail  and  Cruel Unusual Punishment

Ninth Amendment  Rights Not Enumerated in the Constitution

Tenth Amendment  Limits the Powers of the Federal Government to those delegated by the Constitution.

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