Opinion: It's time for 'We the People' to call for a Constitutional Convention

Today, we are a country divided and the politicians charged with representing us have demonstrated their unwillingness to follow the Constitution that they are sworn to uphold. I speak equally of the Republicans and Democrats. It is the responsibility of our Congress to write our laws, not to legislate from the bench of the United States Supreme Court.

The cornerstone of our system of government, our very society, is our Constitution. But our cornerstone was never intended to be cast in cement. It was intended to be a living, breathing entity that would be amended as needed for the benefit of our democratic society. I believe it is time for "We the People" to collectively call for a Constitutional Convention as provided in Article V of our Constitution and address the key issues that our representatives choose not to address.

Let’s start with a recognition that our system is based on rights largely at three levels: federal, state and personal. And that while our Bill of Rights establishes certain rights, it lacks certain definitions and corresponding responsibilities. We truly need a Bill of Rights and Responsibilities. So in these regards, I propose the following amendments to our Constitution:

Readers react: Letters: Convening a Constitutional Convention is a dangerous idea

First, define a right to life for all citizens of the U.S. This requires defining "life "and "citizen" and goes to the core of the issue of our personal rights and the issue of abortion. There are many who espouse life begins at conception. Then how do we reconcile fertility clinics fertilizing eggs in vitro? At what point is a fertilized egg deemed alive? Life is complicated. What are our individual personal rights? And what are our responsibilities? At what point does an unborn begin having their own rights? And what are the rights and responsibilities of our state and federal government to limit our personal rights?

I propose a legal definition of fetal life where we recognize that at up to 20 human developmental weeks, the citizen bearing this developmental fetal life has sole right and responsibility for all associated fetal life decisions. And following the 20-week human developmental period as determined by an American Medical Association certified OBGYN, this developing life whether inside the womb or outside the womb shall be legally recognized as a baby, a live citizen and mutually protected with the bearing citizen, with the bearer’s life being primary and the new life secondary to the moment of birth, subject to change as determined by an AMA certified OBGYN.

This is not a declaration of morality but equally as important, a declaration of legal rights and responsibilities at the personal level. From a legal standpoint, we establish that fetal life is a legally recognized person at 20 weeks of fetal development.

In conjunction, birth control (female and male contraceptive devices and medications) shall be provided for all citizens through their insurance plans. Also covered shall be medical abortive services up to 20 weeks human fetal life development. After 20 weeks, abortive services are forbidden except in the case of medical necessity as determined by an AMA certified OGYN.

For citizens without insurance these services shall be available through federally funded programs.

In defining life, we must also consider death. In this regard, we recognize that some crimes are so heinous as to warrant the penalty of death. We must also recognize individual right to life and death with dignity. As such, we recognize the right to choose to end one’s own life. Such end-of-life decisions shall be recognized by AMA certified medical doctors who may provide support and assistance as determined by individuals of sound mind as they approach the end of their natural life.

Second, with regard to immigration, it is not enough to simply be born on U.S. soil. Immigrants must naturalize and become citizens through the formal naturalization process. Children of legal immigrants shall become citizens through the formal naturalization of both naturalized parents or through their own formal naturalization process.

Immigrants who do not follow the legal immigration process and children of illegal immigrants are not eligible for citizenship.

The identification of all citizens shall be recorded by DNA collected and recorded at birth or at the date of immigration or naturalization. This data shall be coordinated with the Social Security system and used for legal purposes of identification.

The identification of all immigrants and foreign visitors shall be recorded by DNA collected and recorded upon entry to the U.S.

Third, the right to bear arms is a sovereign right, but with this right we must attach great responsibility. I consider guns and cars in very similar ways with regards to rights and responsibilities.

The legal age of adult responsibility shall be 20 years for the purposes of military service, voting on federal ballots, purchasing distilled spirits, purchasing firearms and driving.

All state-issued driver's licenses shall be probationary until age 20. All persons having probationary licenses shall:

• Have their license immediately suspended for 3 months if found guilty of driving in excess of the legal speed limit or texting while driving.

• Have their license immediately suspended until age 20 if found guilty of driving while impaired or failing to have insurance.

Any person convicted of driving without a valid license shall be prohibited from receiving a license and driving for five years from their date of conviction.

I propose an amendment to our "right to bear arms." The right to bear arms shall not be infringed, but the right shall be accompanied by commensurate personal responsibility. The legal age of personal accountability and responsibility shall be 20 years to possess firearms. The minimum legal age for discharging a firearm under licensed adult supervision shall be 12 years and older.

Persons age 12 to 19 shall be trained and receive a youth permit in firearms before being permitted to handle firearms. Persons age 12-15  shall be restricted to handle single-action 22 caliber firearms which require manual feed action, under direct supervision of a licensed adult.

Persons age 16-19 shall be restricted to single-action and double-action firearms with mechanical feeds (no gas-assisted feed mechanisms) of unrestricted calibers which require manual feed action, under direct supervision of a licensed adult.

Persons 20 and older shall be restricted to single-action, double-action and semi-automatic action firearms. Automatic action firearms are restricted and permitted only under federal licensing requirements. Automatic action includes any mechanism which produces or simulates automatic action (such as bump stocks).

All firearms shall have limited feed capacity of no more than 15 rounds of ammunition. All feed devices capable of more than 15 rounds shall be licensed under provisions for automatic-action firearms.

All persons receiving (purchase, gift, any legal conveyance) a firearm shall present a federally approved firearms license. Federally approved firearms license shall require a minimum of eight hours training in "safe firearms handling," including a minimum of four hours of classroom and a minimum of four hours of field training. Classroom training shall include situational training. The federally approved firearms license shall require a minimum of four hours of field training in operations of firearms and actual shooting practice. Shooting practice shall include a minimum of 50 live rounds of target practice.

The federally approved firearms license shall be valid for 5 years. Renewal shall require a minimum of 4 hours of refresher training including a minimum of 50 rounds of live fire target practice.

The federally approved firearms license shall be issued to citizens meeting the federal requirements but shall not be issued to anyone who has a felony conviction or indictment or has a court-issued restraining order or who has been determined by an AMA certified medical doctor to be a threat to themselves or others. Such persons having a federally approved firearms license and/or possessing firearms shall surrender their firearms and license in the event of any of the preceding conditions until such time as their license is legally restored.

Any person who sells, gives or in any way provides a firearm to an unlicensed person shall be held equally responsible for the firearms related actions of the unlicensed person. All persons owning firearms shall be responsible for the safe storage, access and operation of their firearms.

Fourth, we also need a constitutional amendment to better define our Supreme Court. The Supreme Court shall be made up of 9 justices. These justices shall serve for a maximum of 20 years or to a maximum age of 80 years, whichever comes first.

The Supreme Court shall be limited to resolution of matters of law and constitutional issues and shall not be used to create new laws where the Constitution is silent as it is the responsibility of the U.S. House of Representatives and Senate to draft the laws. In cases where the laws are vague, a majority of the Supreme Court shall instruct the House and Senate each to clarify the laws within a specific timeframe not to exceed one year. If the House and Senate can’t provide sufficient clarity, the Supreme Court shall interpret it or strike it rather than legislate what the legislature cannot, with the provision that interpretation requires at least 6 supporting justices.

And lastly, we need to pass the equal rights amendment: Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Sex shall be defined as female, male or non-binary, as determined by DNA.

These amendments shall take effect two years after the date of ratification. The Congress shall have the power to enforce, by appropriate legislation, the provisions of these articles.

The process as presented in Article V of the U.S. Constitution shall be initiated "We the People" by organizing the legislatures of at least 2/3 of the states (at least 34 of 50) to require the Congress to call a convention for formally proposing such amendments to our Constitution. The amendments shall be valid as part of our Constitution when ratified either by the legislatures of 3/4 of the states or by conventions of 3/4 of the states.

We shall specify:

• The period for ratification shall not be restricted.

• Once a state has ratified the amendment, the ratification shall not be revoked.

• If the state legislatures do not ratify the amendments within two years, the Congress shall provide that each state shall call a convention for the single purpose of deciding whether or not to ratify the amendments.

It is time for "We the People" to do what our representatives won’t. Let’s "We the People" organize a Constitutional Convention and place ratification of these amendments where it belongs: for “We the People” to decide our constitutional rights and responsibilities.

L. Terry Clausing lives in Milford and is a licensed professional engineer and owner of Drysdale & Associates, Inc.

This article originally appeared on Cincinnati Enquirer: Opinion: It's time for 'We the People' to call for a Constitutional Convention