What might a framework for a Fundamental Rights Amendment look like:

The purpose of this amendment is to define the most necessary fundamental rights of humanity, how they should be identified, and how they may be protected.

  1. Unenumerated rights can be identified either using:
    1. The Ninth Amendment
    2. The Privileges and Immunities clause of the Fourteenth Amendment
  2. Unenumerated rights can be protected either using:
    1. The Ninth Amendment
    2. The Due Process Clause of the Fourteenth Amendment
  3. What criteria should a fundamental right possess to garner Constitutional Protection:
    1. Discerned in the first law book, the Bible
    2. Protected in historical documents such as the Northwest Ordinance or in historical court cases such as Meyer v. Nebraska, Pierce v. Society of Sisters, or Corfield v. Coryell.
    3. Agreed with in unanimity (over 90%)
    4. Should not be political
    5. Should not be identified by gender, race, ethnicity, socio-economic standing, and religion
    6. Should not be a government created entitlement
    7. Government is a neutral arbitrator of the law and should not take sides or pick winners and loser over values and thoughts protected in this amendment
    8. Rights are not guaranteed, but pursuit should not be denied or mitigated by the government
  4. When can the government curb the rights of citizens, in rare instances:
    1. National emergencies such as war
    2. Environmental disasters
    3. Pandemics
    4. Economic calamities.
  5. If the government mitigates rights for the greater good of society in point 4, it must:
    1. Be temporary grants of power that must be reinstated annually and be rescinded when the emergency passes.
    2. Be the least evasive means of achieving the government’s objective constitutional objective
  6. Rights may also be mitigated for persons:
    1. Under 18 years of age
    2. Imprisoned for violating the rights of others
    3. Non-citizen aliens in need of citizenship to earn political rights to:
      1. Hold public office
      2. Serve on a jury
      3. Vote
  1. A complete list of enumerated and unenumerated fundamental rights:
    1. To free speech and the right to conscious thought such as religion
    2. To justice via the many procedural rights highlighted in the Constitution (i.e., right to a jury trial, right from self-incrimination, right to lawyer, right to fair punishment, protection from ex-post facto laws, protection from laws of attainder, and a timely trial, etc.)
    3. To enter into and from contracts
    4. To vote
    5. To own and sell property
    6. To marriage
    7. To raise a family
    8. To friendships
    9. To work a lawful profession
    10. To actions in private that do no physical harm to others
    11. To choices that to do no physical harm to others
    12. To lawful recreational activities including the use of firearms
    13. To self-defense including the use of firearms
    14. To self-preservation including the use of firearms
    15. To serve on a jury
    16. To hold public office
    17. To profit from our labors
    18. To a uniform and fair tax rate
    19. To pursue health (not healthcare)
    20. To unrestricted travel throughout the nation
    21. To equality
    22. To have representation in government
    23. To obtain knowledge (education)
    24. To pursue happiness
    25. To life
    26. Liberty to pursue our fundamental rights without government restraint
  2. This amendment is a prohibition against the government to mitigate the fundamental rights of citizens in any way. Citizens, groups, and corporations are free to practice their value system so long as their actions do no physical harm to another citizen, group, or corporation. A civil-society must tolerate the values of citizens, groups, and organizations even if they are offensive or considered discriminatory to some in society. Without a tolerant government and people no free society can survive.