Last Update: Wednesday, 14 March 2012 

Speculations on a Step Toward  National Wellbeing. Please note that this is an ongoing research project of the Article VIII Foundation and the author here is a contributor and content manager.

The following Constitutional addition, which does not qualify as an Amendment in the traditional mode, is submitted in response to a proposed 'Marriage Amendment' introduced in the Congress during heated debates about abortion and other life creation issues that were becoming an increasing burden on the Justice, General Welfare and Posterity covenants of the Constitution.  Many new biological technologies also began to impact the Common Defense of the nation. A simple amendment involving a social contract did not clearly define the much larger issue of genetic security which now confronts the Human Race because of its science progressions and conscious awareness enhancements.


The Congress has, in fact, been using its interstate commerce powers of Article I, Section 8, to define genetic research on human life and even individual life itself. But life is a evolutionary process, not the economic commodity it has been the last one hundred thousand years with Homosapiens. There is considerable evidence that indicates the Congress and States should have specific powers to regulate the very important genetic  progressions now underway as well as bring about a freedom not possible until the twenty-first century. These scientific advances can determine with increasing precision the wellness of an individual and in many cases remove illnesses from the unborn so that he could be truly born free.   Of course, the Founding Generations could not have envisioned the need for genetic security any more than they could a communication medium such as the internet or the concept of a multi-dimensional universe,  so the time has come to define a Right of Wellbeing that continues America's tradition of advancing human rights. Perhaps the health sciences are gifts of a symmetric universe and a Right of Wellbeing is a natural evolutionary step. 

This somewhat speculative Constitutional addition is the result of research into the historical relationships between the American Society and the advances in human technologies, especially those concerning the evolution of the biological body, the molecular mind and the resulting  advanced Being, sometimes known as Human Being, a total entity, rather than the Homosapien, the 'wise man' who was bred before the last ice age. It is an attempt to closely follow the original intent of the American Constitution  to recognize the evolving Human Rights that establish an advanced basis for human cooperation.  That cooperative awareness is one of the principal reasons Human Beings have advanced so rapidly over the last seventy thousand years and may have culminated in the Constitutional covenants of Justice, Tranquility, Common Defense, General Welfare, Liberty, and Posterity that have served the Americans so well.  This Article VIII concerning health as a right is an extension of those covenants in terms of an increasing awareness of Creation's symmetry.

The specific Wellbeing right is intended to give genetic security to the unborn human throughout its initial molecular development through modern technologies that will free the person from the molecular deformities that have accumulated through inheritance over the last one hundred thousand years. The Homosapien evolved control of its environment over the last ten thousand years has now resulted in medical technologies that can allow a person to be truly 'born free' in the sense that many diseases and molecular deformities are corrected during the birth process. It then becomes a matter of a conferred right that is extended to all citizens conceived within the jurisdiction of We the People. The Article VIII then confers the governance authorities of We the People to their various governance processes both national, state and community with the intention of creating a continuous evolutionary process of Wellbeing .


The freedom embedded in the Right of a new human being's life to have genetic security at conception is hereby added by We the People to those already enumerated, and the responsibilities of the citizens and their governments for the purpose of Wellbeing are herein defined. This Wellbeing Right is given to We the People in order to endow any being consisting of human molecular and dynamic definitions of consciousness with the fullest ability to acquire physical and mental improvement. The Wellbeing Right is created by the authority of the Preamble to this constitution and such a Right shall adhere to its Justice, Tranquility, Common Defense, General Welfare, Liberty and Posterity covenants. This enumeration in the Constitution of certain rights concerning the wellness freedom of a human being shall not be construed to deny or disparage others retained and confirmed by the people unless specifically in contradiction of this Article.

Section 1. Each being, on his or her conception by a man and within a women but by no other means, shall be given the right to the fullest health that can be made available by the sciences and the American society for at least two years after conception. This right of genetic security for the newly created spirit is for the creational period of birth and other General Welfare aid to molecular enhancement shall be a privilege of validated citizenship. The Wellbeing right shall not be usurped by any other act of a human or device. This right to genetic health and genetic security shall have parity with other rights of validated citizens, provided other rights do not conflict with the Wellbeing provisions of human life or adhere to economic or instinctive gain after the birthing process.

Section 2. The Congress shall create and maintain such facilities as are necessary to bring a healthy mind, body and spirit to each citizen from the time of its conception to twenty-four months after conception and shall have the power to regulate the transfer of genetic related technologies, genetically induced effects or information between the various states and other nations. It will make no law concerning the health of the unborn citizen that affects less than six percent of the population of a voting precinct, as determined by the Supreme Court and its witnesses.

    a. The Congress shall have the authority to withdraw citizenship from any person who willfully violates laws governing the creation of human embryos within or beyond the territory of the United States, with appropriate appeal.

    b. The created embryo shall have sole use of its genetic progression and may not be a subject of economic or instinctive gain by any person or device. A human embryo, from the instant of conception, has sole copyright for his or her genetic code and material until the eighteenth year of life and such copyright and associated physical material shall not be transferable without his or her unforced consent during that period. This copyright shall apply to all validated citizens born after the year 1990.

Section 3. The President shall have the power, not exceeding 90 days, to bring military or police force without mass destruction against any area in which a process of life creation using genetic technologies is clearly intended for economic or instinctive gain, or for the conduct of terrorism, warfare or crimes against humanity. Further, his veto over the appropriation of monies for genetic health and security shall be the same as in other budgetary matters and shall have advise and consent authority for each item relating to this Wellness right while under joint consideration of the Congress.

Section 4. Each of the various state legislatures shall have the power to regulate the conduct of citizens concerned with the process of unborn health care within its borders and shall have the power to prohibit the creation of life for purely economic or instinctive gain. State legislatures shall make no law concerning the health of the unborn citizen that affects less than thirty percent of the population of a voting precinct in a generation.

Section 5. A jury of not less than nine persons shall be convened in any community of not less than fifty thousand voting citizens for the purpose of determining if life was created solely for economic or instinctive gain. Such a jury shall have the authority to determine if any form of enslavement or other system of prolonged misery was intended by the creation of a human embryo.

    a. Also, it shall have the authority to direct the safe termination of such an embryo, fetus or equivalent brain system if its further existence will result in eventual pain, suffering, or physiological deterioration that prohibits it from achieving an awareness of Creation

    b. Wellness conditions not directly related to the General Welfare creation or termination of life shall require the mediation of not less than five trained arbitrators validated as citizens.

    c. Any jury of citizens shall have the authority to weigh any act of denying the rights of others in terms of altruistic intent or its lacking. The attached weight to a verdict, whether judicial or meditative, shall have an altruistic scale of plus to minus six and its value shall be used by the court or mediation to bring justice to their decision as the Supreme Court may direct.

Section 6. The Supreme Court shall have the power to maintain courts of review specifically intended for the just implementation of this Wellbeing Right and the appeal of citizens concerning this right. It shall have the power from time to time to define the needs of citizens concerning economic or instinctive gain. Such courts will have sole responsibility for review, including the laws of the States and other democracies. The Congress shall have the power to create such courts, juries and arbitrators within the various states, districts or territories and, subject to Presidential veto, to determine the guidelines for their judicial activities. Each state shall have authority to add two voting arbitrators to a Wellness mediation as that state needs.

Section 7. A person or any group of persons or validated citizens, after the beginning of the year 2016, who carry out an act of genetic experimentation resulting in clearly defined harm to other citizens, including the unborn, shall be held directly responsible for his or their acts, not to exceed the penalty of second degree murder or as defined in a universal Crime Against Humanity code. Terroristic use of genetic technologies for any reason shall be terminated solely by lethal injection. Any jury convened for the trial of any felony shall have authority to determine terroristic purpose during the trial for that felony.

Section 8. Each validated citizen, with spouse, shall enter into a covenant termed ‘marriage’ in order to be responsible for the wellness of the embryo and fetus they create and this renewable covenant shall exist for a period of twelve years regardless of other consensual contracts. The condition of marriage shall be to extend the right of Wellbeing for that embryo and fetus and carries no other definition. Marriage is intended to aid the man and woman in this endeavor with the imposts of We the People and no citizen should construe this Wellbeing Right as other than a covenant between citizens for the promotion of the general welfare through genetic security. Other contracts and relationships between citizens may exist without the benefits this Amendment gives to the creation and enhancement of life. The states shall have sole authority to define other life style contracts but without automatic reciprocation, while that of marriage will be uniform throughout the United States, its territories, districts and ethnic or spiritual entities.

Section 9. The congress shall have the power to appropriate revenue from all individuals, entities and devices for the maintenance and enhancement of the Wellness Right by attaching governance impost credits (GIC) to any device or process within the jurisdiction of the Constitution. The governance impost credits attached shall be solely for the molecular and/or genetic enhancement of human life through the General Welfare and Posterity covenants and may not be so excessive that the life and Liberty enhancement of any group of citizens is harmed within two generations. All other taxation, imposts and duties, including from income and accumulated wealth, shall be for the enhancement of the Common Defense, Justice, and Tranquility provisions of Article I powers of the constitution and no Governance Imposts shall be added to or appropriated for these purposes.

Section 10. This addition of rights and empowerment, Article VIII, shall be voted on by general referendum in accordance with its submission under Amendment IX on election day, 2012. Amendment IX shall allow the direct submission of an Article as a right of We the People once every thirty two years without prejudice. A simple majority by the citizens of each of two thirds of the individual states shall constitute Article ratification, or as the constitution may direct through Amendment. Duties, Responsibilities and Rights of all validated citizens and their effects for the United States began on the first day of the following new year.

Section. 11. All precedents in legislation concerning Wellbeing prior to the year 1980 shall cease as lawful on Ratification of this Article unless re-affirmed by the federal and state legislatures as necessary and proper.