FacebookTwitterGoogle+RedditEmail

Here’s a Constitutional Amendment We Need Now

Amendment XXVIII: No law governing a basic human need shall be passed in a jurisdiction whose government fails to provide citizens with the means to fulfill that need.

Start gathering petition signatures.

If you’ve ever had to work for someone else, you’ve probably been presented with a no-win situation of someone else’s making. “Be promptly at your desk at 9 am,” my boss ordered me. “We can’t have customers calling at the start of business with no answer.” Reasonable. But it was a two-man office — him and me — he had the only key and he was often late. When customers complained, he’d yell at me. “What would you have me do,” I’d ask, “break in?” Unreasonable.

A lot of bosses are stupid little tyrants. But government should know better than to pass a law its citizens can’t obey.

Like most cities, New York prohibits public urination. It’s no longer a criminal offense but public pee-ers still risk a ticket and a fine. The NYPD issues 20,000 to 30,000 such summons a year. Yet, as The New York Times noted in 2016, “New York City…is one of the most public-bathroom-resistant places in the world.”

People pee. People poo. A city that chooses not to provide people to pee and poo knows that some folks won’t find their way to Starbucks or other de facto public restrooms before it’s too late.

The city wants people to pee and poo in public.

Experts estimate that properly equipping Gotham’s streets with the thousands of toilets necessary to serve the city’s inhabitants and visitors would cost tens of millions of dollars. “I gave you a pot to piss in” isn’t the legacy most mayors want to be remembered for (though perhaps they should reconsider). Getting NYC to do the right thing by everyone with a bladder would require ratification of my proposed 28th Amendment.

If nothing else, those who answer nature’s call in the streets and avenues could do so without fear.

Some people charged with a crime have successfully used the “necessity defense” that the harm they committed was necessary in order to avoid a greater wrong or harm. If you’re trying to escape from someone trying to kill you, a judge should dismiss the charge that you trespassed on private property to get away.

Yet, even though it defies common sense, American law still permits government to pass laws that are impossible to follow. In June the California Supreme Court ruled on a law requiring gunmakers to microstamp bullets fired from semi-automatic weapons with unique identifying information.

The court’s ruling was complicated but it included this gem: “impossibility can occasionally excuse noncompliance with a statute, but in such circumstances, the excusal constitutes an interpretation of the statute in accordance with the Legislature’s intent, not an invalidation of the law.” In other words, an impossible-to-follow law can be passed and no court can invalidate it. Each individual who wants to be exempted on the basis of impossibility must hire a lawyer and file a lawsuit.

The Impossible Law Amendment (ILA) would ensure that any law deemed impossible for any citizen to follow would be overturned on constitutional grounds.

Impossible-to-follow laws are more common than you might think.

The Affordable Care Act requires people to purchase health insurance from private for-profit corporations or get slapped with a fine when they file their annual tax returns.

The cheapest healthcare plans in the Obamacare marketplaces run around $1600 to $1800 in many counties. One out of four Americans say they can’t afford healthcare. If the United States insists on spending tax dollars on blowing up brown people in Muslim countries rather than caring for its own sick people, that’s a political priority this nation is free to select. But it’s insane to charge people a fee for not buying something they can’t afford. Punishment is immoral if there was no intent or desire to disobey the law.

The ILA would effectively eliminate an entire class of government fines for things people are mandated to buy but must have in order to live: motor vehicle registration fees, smog inspection fees, parking.

On July 27 The New York Times reported that parents, usually mothers, are routinely arrested and have their children taken away from them by child-welfare authorities, because they can’t afford daycare and so are found guilty of such “abusive” behavior as leaving their kid in the car for a few minutes while running into a store.

Children have died of heatstroke in locked cars, so it reasonable for the police to be concerned when they come across a possible case of neglect. But society should not criminalize the behavior of people who have no other choice. Daycare runs about $200 per week per child. Individual average income runs about $500 a week before taxes, or $350 after taxes. Unless the average American goes without food or shelter — which child-welfare authorities will look down upon at least much as leaving a kid in a car — he or she can’t afford daycare. In many other (civilized) countries, of course, daycare is provided gratis by the government.

If and when the U.S. provides daycare for all, it may prosecute parents for refusing to use it.

A government that passes laws that anyone — much less a significant portion of the population — cannot obey, yet imposes fines and jail terms, deserves nothing but contempt. Ratify the ILA!

More articles by:

Ted Rall, syndicated writer and the cartoonist for ANewDomain.net, is the author of the book “Snowden,” the biography of the NSA whistleblower.

August 14, 2018
Daniel Falcone
On Taking on the Mobilized Capitalist Class in Elections: an Interview With Noam Chomsky
Karl Grossman
Turning Space Into a War Zone
Jonah Raskin
“Fuck Wine Grapes, Fuck Wines”: the Coming Napafication of the World
Manuel García, Jr.
Climate Change Bites Big Business
Alberto Zuppi - Cesar Chelala
Argentina at a Crossroads
Chris Wright
On “Bullshit Jobs”
Rosita A. Sweetman
Dear Jorge: On the Pope’s Visit to Ireland
Binoy Kampmark
Authoritarian Revocations: Australia, Terrorism and Citizenship
Sara Johnson
The Incredible Benefits of Sagebrush and Juniper in the West
Martin Billheimer
White & Red Aunts, Capital Gains and Anarchy
Walter Clemens
Enough Already! Donald J. Trump Resignation Speech
August 13, 2018
Michael Colby
Migrant Injustice: Ben & Jerry’s Farmworker Exploitation
John Davis
California: Waging War on Wildfire
Alex Strauss
Chasing Shadows: Socialism Won’t Go Away Because It is Capitalism’s Antithesis 
Kathy Kelly
U.S. is Complicit in Child Slaughter in Yemen
Fran Shor
The Distemper of White Spite
Chad Hanson
We Know How to Protect Homes From Wildfires. Logging Isn’t the Way to Do It
Faisal Khan
Nawaz Sharif: Has Pakistan’s Houdini Finally Met his End?
Binoy Kampmark
Trump Versus Journalism: the Travails of Fourth Estate
Wim Laven
Honestly Looking at Family Values
Fred Gardner
Exploiting Styron’s Ghost
Dean Baker
Fact-Checking the Fact-Checker on Medicare-for-All
Weekend Edition
August 10, 2018
Friday - Sunday
David Price
Militarizing Space: Starship Troopers, Same As It Ever Was
Andrew Levine
No Attack on Iran, Yet
Melvin Goodman
The CIA’s Double Standard Revisited
Jeffrey St. Clair
Roaming Charges: The Grifter’s Lament
Aidan O'Brien
In Italy, There are 12,000 American Soldiers and 500,000 African Refugees: Connect the Dots 
Robert Fantina
Pity the Democrats and Republicans
Ishmael Reed
Am I More Nordic Than Members of the Alt Right?
Kristine Mattis
Dying of Consumption While Guzzling Snake Oil: a Realist’s Perspective on the Environmental Crisis
James Munson
The Upside of Defeat
Brian Cloughley
Pentagon Spending Funds the Politicians
Pavel Kozhevnikov
Cold War in the Sauna: Notes From a Russian American
Marilyn Garson
If the Gaza Blockade is Bad, Does That Make Hamas Good?
Sean Posey
Declinism Rising: An Interview with Morris Berman  
Jack Dresser
America’s Secret War on Yemen
Howard Lisnoff
The Use and Misuse of Charity: the Luck of the Draw in a Predatory System
Louis Proyect
In the Spirit of the Departed Munsees
Binoy Kampmark
Banning Alex Jones and Infowars
Mundher Al Adhami
On the Iraqi Protests, Now in Their Second Month 
Jeff Mackler
Nicaragua: Dynamics of an Interrupted Revolution
Robert Hunziker
Peter Wadhams, Professor Emeritus, Ocean Physics
David Macaray
Missouri Stands Tall on the Labor Front
Thomas Knapp
I Didn’t Join Facebook to “Feel Safe”
John Carroll Md
Are Haitian Doctors Burned Out?
FacebookTwitterGoogle+RedditEmail