The Agenda & the Stakes—Draft I, Part 5

Some Propositions regarding Identification, Monitoring, Voting, and Harassment of Citizens

  • Any and all government and private databases and records of citizens shall be abolished except those created with the knowing, reasoned, and thoughtful prior consent of each citizen included therein.
  • Any and all permanent government and private databases of living citizens shall be abolished except: (1) those created with the knowing, reasoned, thoughtful, voluntary, and free prior consent of each citizen included therein, (2) birth certificates, (3) national passports, (4) state ID cards, and (5) criminal records for persons convicted of capital crimes.
  • No government or person may collect or maintain any biometric information of any kind regarding any citizen except: (1) for purposes of security or financial clearances of employees by their employers, (2) for purposes of employees performing military service or hazardous civil or private service by their employers, or (3) for purposes of investigation, prosecution, conviction, and enforcement in connection with a felony crime or a civil tort subject to permanent injunction.  Such information may only be collected or maintained to the extent and for the period of time reasonably required for such permitted purposes, which presumptively must expire no later than six years after such a clearance is revoked, such service is terminated, or such enforcement ended, unless there is a reasonable basis considering such person’s individual conduct or position during and after such six-year period, to extend such period.
  • No government or person may collect or maintain any information, documents, or records of any kind that may be used contemporaneously or after the fact to track the movement, location, or actions of any person, or that is linked or known to be connected to such person, except (1) subject to a duly issued warrant or subpoena, or (2) with the knowing, reasoned, thoughtful, voluntary, and free prior consent of each citizen, or (3) temporarily in accordance with the rules of investigation and evidence. No government or person shall be liable under this provision merely because information, documents, or records within their memory or control, or which they created, later proved to be relevant evidence or probative regarding the treatment of a third person; but evidence of systematic collection or maintenance of such information (at all, in the case of government; or except in relation to customers, suppliers, competitors, relatives, friends, and acquaintances of a private person; or except in relation to voluntary celebrities and public figures.
  • No government or person may conduct a search of any information, documents, or records of any kind except (1) subject to a duly issued warrant or subpoena, (2) in connection with the crossing of an international border, or (3) with the knowing, reasoned, thoughtful, voluntary, and free prior consent of the person whose data is being searched for, or which is being compared with the stored data.
  • If the government creates or maintains any information regarding citizens, such information must be used to the extent relevant to reasonably determine and verify eligibility to vote in elections held by the United States or any of the several States.
  • Nothing shall prohibit the US or any state government from requiring passports or state ID cards as part of determining and verifying eligibility to vote, as long as such use is reasonable.
  • No state ID card may be required [or offered [or used]] for any purpose other than determining and verifying eligibility to vote.
  • No passport may be required, offered, or used]] for any purpose other than determining and verifying eligibility to vote, or to travel internationally.
  • At least [Solely?] for the purpose of determining and verifying eligibility to vote, the government may [to the extent reasonable must] acquire and use information from private sources [such as credit rating agencies] on the same basis [e., by purchase not compulsion] as private citizens.
  • No passport or state ID card or other requirement of identification may be used to monitor or impede the movement or disturb the privacy or conduct of any citizen except subject to a duly-issued search warrant.
  • The information which may be required [requested?] of citizens or maintained in connection with the issuance of birth certificates is limited to the child’s full name, the full names [and birth certificate numbers or national passport or state ID card numbers?] of the child’s parents (if known), the certifying physician’s name and professional credentials, and the date, time, hospital, and jurisdiction(s) of the child’s birth.
  • The information which may be required [requested?] of citizens or maintained in connection with the issuance of national passports or state ID cards is limited to the person’s birth certificate and such information as is reasonably required to identify such person uniquely. It may [must?] [may not?] include biometric data.  It may not include information disclosing anything about the person’s movements, activities, beliefs, culture, affiliations, or associations; and it may not include anything more than is necessary to conclusively identify such citizen.
  • Any mandate not adequately funded contemporaneously with its passage shall be null and void ab initio.
  • No government agency or agent may unnecessarily create, impose, support, or otherwise sustain or increase any physical, financial, reputational, or otherwise effective obstacle to any citizen’s life, liberty, property, commerce, association, movement, prosperity, social status, learning, or other legal activity of any kind. In particular, no stop, application process, entry, exit, permit requirement, or other impediment to freedom shall be imposed requiring more than five minutes of a citizen’s time except in connection with due process detentions and arrests; no citizen shall be embarrassed or harassed in connection with due process detentions and arrests; and no charge of any kind may be imposed, nor anything conveying any benefit to any government (or any person associated with such government) be required, of any citizen in connection with any legal exercise of such citizen’s rights, or with any legal activity of any kind.
  • No charge or fee of any kind or in any form may be required by any government in connection with the enforcement of any law or regulation; nor may any cost or burden of any kind be shifted to any citizen in connection with any licensure, permitting, or regulation of any kind.
  • The government shall be liable to all citizens for their reasonable costs and damages occasioned by compliance with government regulations other than prohibitions on crimes.

 

Some more propositions to expand the individual liberties enumerated in the Bill of Rights

  • Citizens [All persons?] have the right to move freely anywhere within the US [through any public space in the US?] without search, identification, permitting, let, or other hinderance by government.

 

Some Fundamental Economic Principles

  • The more laws there are, the weaker the rule of law becomes.

 

Some Propositions to Reform the Judicial Selection Process

  • No judge may hold more than one [federal] judicial office in their lifetime, and no one appointed to any [federal] judgeship may thereafter be appointed to any state or federal office. OR Lifetime tenure of federal judges shall be abolished and in place thereof there shall be 12 [or 8 or 10?]-year terms for each such judge.
  • No one who serves as a federal judge may be elected to any federal office; and no one who is elected to any federal office may serve as a federal judge.