Wednesday, April 4, 2012

UofL Student's Bill of Rights: 52 Cardinal Freedoms

The U of L Student's Bill of Rights
52 Cardinal Freedoms

The Mission of the University of Louisville
“The University of Louisville shall be a premier, nationally recognized metropolitan research university with a commitment to the liberal arts and sciences and to the intellectual, cultural, and economic development of our diverse communities and citizens through the pursuit of excellence in five interrelated strategic areas: (1) Educational Experience, (2) Research, Creative, and Scholarly Activity, (3) Accessibility, Diversity, Equity, and Communication, (4) Partnerships and Collaborations, and (5) Institutional Effectiveness of Programs and Services.”i

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people”ii.

Whereas even Patrick Henry had to fight tooth and nail for the cherished and celebrated Bill of Rights 8 years after being a major, essential component of the Revolution, when, eventually, they were begrudgingly added into the US Constitution, 4 years after the US Constitution was ratified.

Whereas it is the duty of every generation to declare our rights, and no Generation prior to the 2011/2012 Generation, since 1977, thought to include a Bill of Rights into their Constitution, even though it's a staple in every other founding Constitution, now it's time for the Postmodern Generationiii to declare theirs.

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice, and peace in the world”iv.

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the Rule of Law”v.

Whereas, every student at the University of Louisville (also “U of L”), gets to enjoy the privileges and immunities guaranteed by the amalgamation of founding documents from the Constitution of the Commonwealth of Kentucky, of the United States of America, of the City of Louisville, of the Student Handbook of U of L, of SGA's Constitution, in addition to the privileges of attending a University, and any other freedom, as the 9th Amendment to the US Constitution allows, such as inherent, inalienable, self-evident freedoms that are not mentioned, such as human rights, but there is no single document which compiles all of the rights of the U of L student into a single, user friendly, easy-to-read, comprehensive student bill of rights, guaranteeing every student's freedoms.

By reinforcing our generation's collective freedoms, we also reinforce our autonomy, and can prevent all future excursions from any outside government body—national, state, local, or otherwise—from stealing, or restricting, our 52 Cardinal Freedoms, and counting, in any way, shape, or form imaginable.
Therefore, Be It Resolved, that all Cardinal Freedoms herein shall be protected freedoms for every U of L student with this Amendment.
Cardinal Freedoms
The Freedom To Life, Liberty, and Propertyvi.
The Freedom to Vote.
The Freedom of Revolutionvii.
The Freedom To Speak Freely Without Frontiersviii.
The Freedom of Self-Preservation.
The Freedom to Maintain Own's Dignityix.
The Freedom of Security.
The Freedom of Religion.
The Freedom of Education.
The Freedom to Enter into a Contract.
The Freedom to Petitionx.
The Freedom of Justice.
The Freedom to Peacefully Assemble.
The Freedom to Associate.
The Freedom to Organize Student Unions.
The Freedom to Work.
The Freedom to Participate in Government.
The Freedom to get Married, and Raise a Family, Gay or Straight.
The Freedom To Openly Bare Arms.xi

Academic Freedoms
Freedom of Research and Inquiry.
The Freedom To Distribute Written Material Without Prior Approvalxii.
The Freedom of a Fearless Pressxiii.
The Freedom To A Syllabus.
Freedom of Privacy; the Brandeis Freedomxiv.
The Freedom To Use The University's Facilities, Such As Auditoriums, Park Spaces, Restaurants, and Documentsxv.
The Freedom To Remain Silent.
The Freedom To File A Complaint.
The Freedom To Invite Any Speaker To Campusxvi.
The Freedom to Address SGAxvii.
The Freedom of Open Meetingsxviii.
The Freedom to Self-Identify.
The Freedom to Be Independent.

Judicial Freedoms
Freedom from Absolute and Arbitrary Powerxix.
Freedom from Arbitrary Arrest, Detention or Exilexx.
The Freedom from Unreasonable and Unwarranted Search and Seizures.
The Freedom of Fair and Public Due Process
The Freedom to Confront Your Accusers.
The Freedom of a Speedy Trial.
The Freedom of a Jury Trial, For Matters Involving $20 or More.xxi
The Freedom To Call Witnesses On Your Behalf.
Freedom From Double Jeopardy.
Freedom from Excessive Bail and Cruel and Unusual Punishments.
The Freedom from Torture.
The Freedom to Not Be Jailed For Debtsxxii.
The Freedom of Habeas Corpusxxiii.
The Freedom to Not have the State Military Living In Your Sleeping Quartersxxiv.

General Freedoms
The Freedom of Leisure.
The Freedom of Culture.
The Freedom of Movement, such as Exercise or Dance.
The Freedom to Not Worry, and Be Happy.
The Freedom from Fear and Wantxxv.
The Right To Amend This Student Bill of Rights in order to Expand Your Freedoms.xxvi

Louisville First, Cards Forever.
iUniversity of Louisville (herein “U of L”) Homepage. Retrieved on March 16, 2012.
iiUN Declaration, United Nations Universal Declaration of Human Rights, Preamble (1948).
iiiJames Klotter, New History of Kentucky, (Lexington: University Press of Kentucky, 1997), 6-8; Klotter says that Kentucky's history is divided by Paleo-Indian, Archaic, Woodland, Prehistoric Era (1000AD-1750), and the Historic Era. Klotter had a “Historic” mindset in 1997, before 9/11, George W. Bush, the Iraq War, Barack Obama, and the Internet propagated all of this information, and more, with this massive Gutenburg Printing Press Revolution. If not postmodern, then posthistoric, but between the two, it's clear that postmodern sounds best.
ivUN Declaration, Preamble.
vUN Declaration, Preamble.
vi John Locke. “Two Treatise of Government” (1690); Kentucky Constitution, Section 5.5, (1891).
vii Kentucky Constitution, Section 4, (1891). “All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the protection of property. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper.”; Declaration of Independence, “ is the Right of the People to alter or to abolish [illegitimate government], and to institute new Government...”
viii “UN Declaration”, Article 19, (1948). “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
ix UN Declaration, Article 22. “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for their dignity and the free development of their personality.”
xU of L's SGA Constitution, Section 2.4, (1977). “All members have the right to petition the SGA or any agency thereof for a redress of grievances.”
xi Bill of Rights, United States Constitution, Amendment #2, (1791). “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”; Kentucky Constitution, Section 1.7, (1891). “The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.”
xiiU of L's Student Handbook, Section 7.C; retrieved March 18, 2012.
xiii- U of L's Student Handbook. Section 8.A – 8.D. “The student press is free to deal openly, fearlessly, and responsibly with issues of interest and importance to the academic community. There shall be no prior approval of student press content by the University. Students may not be disciplined by the University for their participation with the student press except for violations of University rules that are not inconsistent with the guarantees contained herein.”
xiv U of L's Handbook, Section 11. “Students have the right of privacy in campus residence facilities.
  1. Nothing in the University relationship or residence hall contract may expressly or implicitly give the institution or residence hall officials authority to consent to search of a student's room or residence by police or other law enforcement officials unless they have obtained a search warrant.
  2. The University reserves the right to enter a student's room in a residence hall or a student's apartment in a campus residence:
    1. in emergencies where imminent danger to life, safety, health, or property is reasonably feared;
    2. to make necessary repairs, improvements, or alterations in the facility;
    3. to provide necessary pest control services;
    4. to inspect the facility as deemed necessary by the University.
See also Section 12. “The privacy and confidentiality of all student records shall be preserved in accordance with applicable laws. The University shall establish and adhere to a clear and definitive records policy.”
xv U of L's Handbook, Section 9, (2012). “Appropriate University facilities shall be available to organizations within the University community for regular business meetings, for social programs, and for programs open to the public.”
xvi U of L's Handbook, Section 7.D.
xvii U of L's SGA Constitution, Section 2.5.1, (1977). “All members shall have the right to address the Student Senate at regularly scheduled Senate meetings held in accordance with Section 5.10.1 of the SGA Constitution.”
xviii U of L's SGA Constitution, By-Laws, Section 2. The Sunshine Laws.
xix Kentucky Constitution, Section 2, (1891). “Absolute and arbitrary power over the lives, liberty and property of free people exists nowhere in a republic, not even in the largest majority.”
xxUN Declaration, Article 9, (1948); Kentucky Constitution, Section 24. “Emigration from the State shall not be prohibited.”
xxiBill of Rights, US Constitution, Amendment #7 (1791). “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”
xxii Kentucky Constitution, Section 18. “The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law.”
xxiii Kentucky Constitution, Section 16. “All prisoners shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it.”
xxiv Bill of Rights, US Constitution, Amendment #3. “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”
xxv UN Declaration, Preamble.
xxvi U of L's Constitution, Article 8. The Amendment Process.

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