Hospitals & Asylums







Bill of Rights Day HA-15-12-1791


A bill of rights had been barely mentioned in the Philadelphia convention that ratified the US Constitution, most delegates held that the fundamental rights of individuals had been secured in the state constitutions.  By the fall of 1788 Madison had been convinced that not only was a bill of rights necessary to ensure acceptance of the Constitution but that it would have positive effects. He wrote, on October 17, that such "fundamental maxims of free Government" would be "a good ground for an appeal to the sense of community" against potential oppression and would "counteract the impulses of interest and passion." Madison was able to shepherd through 17 amendments in the early months of the Congress, a list that was later trimmed to 12 in the Senate. On October 2, 1789, President Washington sent to each of the states a copy of the 12 amendments adopted by the Congress in September. By December 15, 1791, three-fourths of the states had ratified the 10 amendments now so familiar to Americans as the "Bill of Rights."


Today, in 2004, we are proud to introduce two issues upholding the spirit of Bill of Rights Day –


(1) the Amendment of Art. I Section 9 Clause 2 of the US Constitution that states, “the privilege of the writ of habeas corpus shall not be suspended”, by repealing the following disclaimer “unless when in cases of rebellion or invasion the public safety may require it”.


(a) Hamdi v. Rumsfield No. 03-6696.(2004) reminds us that the writ of habeas corpus has not been suspended in the USA since the civil war, that the custom regarding prisoners of war demands that prisoners be released upon the cessation of hostilities and that there is no need to justify such detention in the constitution.  The Constitution should not generate friction between the armed forces of the judiciary and military regarding the basic civil and human rights guaranteed in the due process of habeas corpus statute – essentially the sense of automatic cessation from the writ of habeas corpus in times of rebellion and invasion tempts imbalanced judicial and military officials to support or be apathetic to treason and war parties in the government and the concept that the writ of habeas corpus can be suspended by anyone brave enough to rebel or invade must not be written into the Constitution of our nation.


(b) It would be concurrently acceptable to do away with the words, “privilege” and “suspension” and address the issue of the writ of habeas corpus in new language.


(c) an ideal clause would be, “the writ of habeas corpus, Latin for you may have the body, is the inalienable right of a prisoner to written trial, humane treatment and timely release”.


(2) A new Preamble to the Draft Permanent Constitution for Iraq, alternatively titled, “New Iraq Constitutional Elections (NICE)” states,

In the Name of Allah, the benevolent and the merciful, the people of Iraq, inventors of the 24 hour day with a legal history dating from the Hammurapi Code (1780 BC) reject violence and inequality with the ratification of this Constitution that has been drafted in English by Hospitals & Asylums (HA) for translation into Arabic and publication by the Constitutional Monarchy Movement (CMM) for the promulgation of the National Assembly on the author’s birthday pursuant to Article 61 of the Interim Constitution of 8 March 2004 that states; 

(a) The National Assembly shall write the draft of the permanent constitution by no later than 15 August 2005. 


(b) The draft permanent constitution shall be presented to the Iraqi people for approval in a general referendum to be held no later than 15 October 2005.  In the period leading up to the referendum, the draft constitution shall be published and widely distributed to encourage a public debate about it among the people.


(c) The general referendum will be successful and the draft constitution ratified if a majority of the voters in Iraq approve and if two-thirds of the voters in three or more governorates do not reject it.


(d) If the permanent constitution is approved in the referendum, elections for a permanent government shall be held no later than 15 December 2005 and the new government shall assume office no later than 31 December 2005.

This Draft Constitution incorporates the qualities of (1) the Constitution of the Kingdom of Iraq 21 March 1925, as amended 29 July1925 (2) the Interim Constitution of 1990 (3) the Interim Constitution of 8 March 2004 that most uphold human rights into a one hundred article long Constitution. 

Article 1 State Form has been amended from the straightforward but very English “right to write” to read,

“The state of Iraq is an Islamic republic governed federally by a constitutional monarchy, prime ministry, presidential parliament and independent judiciary upholding human rights as a welfare state”.

Further amendments were made this 212th Anniversary of the US Bill of Rights reducing the number of characters from 100,669 to 99,100.  It should not be difficult for the Constitutional Monarchy Movement CMM to translate and write the remaining 900 letters of the 100 Article long Permanent Constitution of Iraq.  On this occasion the entire document was meticulously left justified and its accuracy verified in not one but two readings before notifying the King that the Constitution was New Iraq Constitutional Elections (NICE).