Bill of Rights – On behalf of the chemically poisoned

January 10th, 2004

The following ‘flight of fancy’ was written in response to a challenge issued by Steve Tvedten (getipm.com) who wanted people to write in their version of a constitution that addressed this issue. I felt it was more appropriate to do so in the Bill of Rights. We are being deprived of the ability to a healthy and productive Life. It’s hard to exercise the right to Liberty and impossible to Pursue Happiness, attached to an oxygen tank or heading to chemotherapy and hoping to graduate to radiation therapies.
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The Federalists refused to pass the original Constitution out of fear they would be substituting one tyranny for another. It was not until the Amendments to the Constitution were drafted that the states finally ratified the entire document.

The first ten amendments, below, is the portion of the Constitution referred to as the Bill of Rights. These are violated daily in the lives of poisoning victims and those yet to be poisoned – we know it is just a matter of time for the majority of citizens. I suggest revising these protections since they modify federal authority which usurps basic tenets of individual freedoms. Here is a very rough draft of some of the possibilities to be pursued by more talented writers.

Barbara Rubin

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Preamble to the constitution:

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

To be rewritten as:

We the victims and/or witnesses to the government sanctioned poisoning of these United States, in order to preserve the ideals of our forefathers for a perfect union, the preservation of justice, insurance of domestic health and safety, for promoting the general welfare and securing the blessings of liberty in the teeth of scientific advances which they could not have envisioned, do hereby issue this Bill of Rights to prevent further harm, degradation and loss of life/property from occurring.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Rewritten as:

Congress shall make no law respecting the establishment of “sound science” as a religion for the national worship and justification of industrial profits, or prohibiting the free excercise of “true” science in judging whether products violate the natural laws of biochemistry; or abridging the individual’s freedom to breathe fresh air, or eat pure foods, or the right of the people to assemble in communities with local ordinances intended to free them of industry or municipally imposed toxins; and to petition the government for a redress of grievances.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Rewritten as:

A well regulated body of independent scientists, free of loyalties to industry, being necessary to the practice of true science; the right of the people to determine what is an “acceptable risk” to them, shall not be infringed.

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

To be rewritten as:

No poisons at any dosage, shall, in times of peace, be forcibly introduced into any house, without the consent of the owner, nor in time of health emergencies, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particurlarly describing the place to be searched, and the persons or things to be seized.

To be rewritten as:

The right of the people to be secure in their persons, houses and effects against unreasonable contamination, shall not be violated, and no warrants shall issue, but upon the most dire health emergencies, supported by non-industry scientists of diverse backgrounds, probable cause to introduce toxins into personal environments.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

To be rewritten as:

No person shall be held to suffer the consequences for the environmental crimes of industry and pay, with their lives and the health of their families, for such infamous crimes; nor shall any person be subject to being twice put in jeopardy of life and limb – first by offending individuals or corporations and then by government agencies failing to remedy the danger pending legal challenges to the source of injury; nor shall be compelled to participate in biological experiments through the premature marketing of inadequately tested products, without due process of law, nor shall private property be contaminated without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, an d to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

To be rewritten as:

In all criminal prosecution of poisoners, the victim shall enjoy the right to a speedy and public trial with testimony from impartial panels of appropriately credentialed witnesses who have personally borne witness to the resultant health effects of toxic exposures in the victim; to be provided with the full disclosure of industry documents pertaining to the nature of the toxic substances in question; to have compulsory process for obtaining qualified medical help and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

To be rewritten as:

In suits at common law, where the value in controversy shall be comprised of issues in human health, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States in such a manner as to deny relevant scientific evidence presented by those with no conflicts of interest.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

To be rewritten as:

Damage to the health and property of individuals by action of industry or by the state, in excess of the ability of the damaged party to remedy during the implementation of legal process shall be alleviated immediately for later reimbursement by those judged at fault at the time of verdict.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

To be rewritten as:

The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage the facts that science has progressed beyond the ability of the originators of our Constitution to foresee future events of this nature. Their understandable lack of foresight will not restrict the rights of the people to defend themselves against novel threats presented by technology in the name of profits.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

To be rewritten as:

The natural laws of biochemistry and of the heterogeneity of our species in our tolerance for chemicals introduced into our environments shall not be subjugated to man-made laws at federal or state levels. The individual’s health and well being shall be the final arbiter of what “levels” of contamination are “tolerable” in each case.

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  1. LaVonne

    Brilliant!

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