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Post by POA on Apr 12, 2004 15:03:46 GMT -5
I wrote (or rather, rewrote this a while back and posted on the other message board, but it more properly belongs here).
I'll be honest; I'm not quite sure how to get 'here' from where we are now, but it might contain ideas that are worth discussion or implementation when we have the chance to do so.
Anyway, here it is:
Constitution II
Preamble
Whereas the previous government of the United States:
Has destroyed the honor and trust of the rest of the world in it through unprovoked conflicts, undeclared wars, incompetent diplomacy, and overwhelming hypocrisy;
Has sought to overturn those laws made between nations;
Has failed in its duties to protect us from those who would do us harm;
Has no respect for the consent of the governed; but instead decieves us at every turn;
Has colluded with narrow economic and religious interests, and stolen the wealth of nations and their peoples for the illicit benefit of these interests;
Has rejected both working against disenfranchisement, and working in the interests of the general welfare;
Has wrought destruction for profit;
Has sought both Empire abroad, and dictatorship at home;
Has harassed and destroyed the lives of those who have protested its crimes;
Represents, instead of the guarantor of our rights and freedoms, the greatest threat to them as evidenced through it’s myriad violations of these rights and schemes to destroy our freedoms;
Shows no inclination at this point to learn from its past failures, but instead has opted to repeat these failures on an increasingly larger scale in a cynical attempt to create enough spectacle to distract us from their previous errors and to cow us into obedient silence;
We, the people of the United States, once again come together to author a new Constitution; to form a new government that, though fallible as all human endeavors are, shall not repeat the errors of its past, shall more effectively protect our rights and freedoms, and shall be more responsive when we, as citizens, think that it has fallen into error.
These rights are not self-evident, nor are they granted to us by a Creator or any other being, but rather; they have been discovered by us to be those rights and freedoms most necessary to ensure that interactions between people are conducted in a fair and humane manner.
Article I
Section 1. A citizen is defined as a human being who has been born within the borders of the United States, or a human being who has fulfilled conditions set forth by Congress by which a resident may become a citizen. A resident is defined as a human being who is located within the borders of the United States. Organizations are not citizens.
Section 2. Citizenship shall not be deprived of any citizen as punishment for any crime, or on account of political or religious affiliation, or on account of race or previous national origin.
Section 3. A citizen may cease to be a citizen by clearly stating to the government, in circumstances free from any form of duress, that they renounce their citizenship. A person who has renounced their citizenship and is not physically located within the United States, is no longer liable according to the laws of the United States, or subsidiary governmental entities, unless an extradition treaty or similar arrangement exists between their current residence, and the United States. The government of the United States is obligated to accept a renunciation of citizenship except in those cases where such a renunciation is an attempt to evade a lawful prosecution of a criminal offense.
Section 4: The laws and rights of the United States shall not be construed as to apply to persons who are neither residents or citizens, or organizations that are external to the United States, except for such persons and organizations for whom such relationships have been approved through legally ratified treaty or other international agreement.
Section 5: Congress shall set forth a reasonable procedure by which residents of the United States, may become citizens of the United States.
Section 6: The first Enumeration of all citizens of the United States, and the States within, shall take place one year after the ratification of this Constitution, and subsequent Enumerations shall take place once every ten years afterwards.
Article II
Section 1: The United States shall be defined as the signatories that have ratified this Constitution. All of the treaties made by the United States to Indian nations prior to the ratification of this document are still valid.
Section 2: All other territories possessed by the United States shall be afforded a plebescite within two years after the ratification of this document, by which they may decide the status of their continued association with the United States.
Section 3: The capital shall be afforded a number of representatives as calculated by the appropriate method stated elsewhere in this Constitution.
Article III
Section 1: Neither the federal government, nor any subsidiary government within the United States, may make any law establishing a religion, or favoring one religion or group of religions, or transfer governmental funds to a religion or group of religions. Neither the federal government, nor any subsidiary government within the United States, may outlaw any religion or group of religions.
Neither elected officials or persons holding high office shall conduct themselves in public in a manner that shall favor one religion or group of religions, or present the impression of favoring one religion or group of religions.
Residents and citizens have the right of freedom of religion.
Section 2: Residents and citizens have the right of freedom of speech.
Section 3: Residents and citizens have the right to assemble peaceably.
Section 4: Laborers have the right to protest working conditions peaceably. The government may only arbitrate a dispute between laborers and employers after the express written permission of representatives of both groups has been recieved in advance of such arbitration.
Section 5: Residents and citizens have the right to petition the government for a redress of grievances, and to take legal action against the government. The government shall respond to such petitions in a polite and timely manner.
Section 6: Citizens and residents have the right to own, carry, and use appropriate weapons to defend themselves. This right may not be abridged.
Section 7: Residents and citizens who are legal adults have the right to engage in such actions, including but not limited to substance use and sexual acts, as are consensual and harm no others. This right shall not be construed as to provide justification for fraudulent conduct.
Section 8: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any citizen or resident of liberty or property; without due process or law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 9: Citizens and residents have the right to petition the government and organizations for the purpose of verifying that such information as the government and organizations may possess regarding them is accurate and valid. Should the government deny such petition made to it by a citizen or resident upon the grounds of current criminal investigation, the privacy rights of another citizen or resident, or information that has been classified as secret after the ratification of this Constitution, the government is obligated to specify such reason honestly in the denial.
Section 10: Citizens and residents have the right to public education.
Section 11: Citizens and residents have the right to health care.
Section 12: Citizens and residents shall be protected against discrimination and prejudice.
Section 13: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Section 14: Congress shall have power to enforce these protections of rights by appropriate legislation.
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Post by POA on Apr 12, 2004 15:14:17 GMT -5
Article IV
Section 1: Patents shall last for four years for information, or information processing instructions, and twelve years otherwise. Copyrights and trademarks shall last for twenty years universally.
Section 2: Copyrights, patents, and trademarks, shall not be used as the grounds for conduct intending to abridge the right to conduct research, or conduct intending to abridge the rights of citizens and residents to protest the actions of a holder of a copyright, patent, or trademark.
Section 3: The government shall not have the power to extend copyrights, patents, and trademarks.
Section 4: All previous copyright, patent, and trademark extensions are invalidated upon ratification of this document.
Section 5: The public right to the nondestructive and fair use of commons, including means of the transmission and processing of data, shall be protected, and Congress shall have the power to put forward legislation to support this purpose.
Section 6: Citizens and residents shall be protected from the seizure of their property without due process of law.
Section 7: Congress shall possess the power to tax all profit-making organizations originating in the United States, doing the majority of their business within the United States, or having more than one hundred thousand dollars in assets within the United States at the time of the ratification of this Constitution.
Congress shall not possess the power to exempt profit-making organizations from taxation, or to enact such policies as may exempt any profit-making organizations from taxation indirectly or inadvertently.
Neither taxes, nor penalties for failure to pay taxes, shall be applied retroactively to the period of time before the ratification of this Constitution. Nor shall any more property or funds be claimed from those who fail to pay taxes than an amount equivalent to the taxes unpaid.
Section 8: Economic organizations possessing more than one hundred thousand dollars in assets or income per year are required to be chartered in their state of formation; or with the federal government if such organizations shall conduct trade between the states. Such charters shall be required to be renewed on a regular basis.
Charters shall not be denied to citizens on the basis of sex, creed, color, nation of birth, personal views or financial status. All charters shall be of equivalent cost. Charters shall only be revoked in the case of fraud or other forms of egregious conduct, and the revocation of a charter shall be understood as making further business by that particular entity to be illegal after said revocation.
Congress shall have the power to enforce these rules by appropriate legislation.
Article V
Section 1: All citizens of the United States over the age of 16 have the right to vote. The right to vote may not be deprived of any citizen of the United States over the minimal age due to religious creed, color, gender, economic status, current age, political affiliation, or condition of previous incarceration.
Section 2: No test or tax may be implemented intended to deny the franchise to any citizen who would otherwise be legally allowed to vote.
Section 3: All citizens of the United States currently deprived of the right to vote upon previous or current condition of incarceration, have their right to vote restored.
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Post by POA on Apr 12, 2004 15:15:44 GMT -5
Article VI
Section 1: Voting in all elections within the United States shall take place through the use of machinery that leaves material evidence in such a manner so as to minimize the possibility of fraudulent elections. All hardware and physical items to be used in the procedure of an election are required to be available for inspection. All software to be used in the procedure of an election, is required to be open-source and available for inspection a minimum of two months before the time of the election.
Section 2: All citizens of the United States have the right to inspect all software, hardware, and physical items to be used in the procedure of an election.
Section 3: Material records shall be kept of all elections in such a manner as to not compromise the privacy of the voters.
Section 4: Elections shall be managed through a non-profit and non-partisan organization that shall recieve no other funding except from Congress. The only powers of this organization are those specified in the Constitution. Congress shall have the power to assign necessary funds for the organization necessary to make elections take place, but no branch of government may take any action to interfere with the legitimate workings of this organization.
The name of this organization shall be the Election Management Agency.
Section 5: Elections shall not be cancelled.
Section 6: Elections shall be managed as follows:
Subsection 1: Potential candidates are expected to get a minimum of five percent of eligible voter signatures in a petition in advance. Candidates that qualify in this manner are expected to sign a contract stating that they have been informed of the terms of the election procedure, shall abide by the terms of the election procedure, and authorize such audits and observations as are required to verify their good conduct. Failure to either acquire the requisite signatures or sign the contract disqualifies the candidate from that particular election.
Subsection 2: All candidates are required to document honestly and publically which organizations they have belonged to during their adult lives; and what positions held in such organizations.
Subsection 3: The maximum donation that can be given to any candidate from any citizen within a political cycle, including themselves, is $200. Only citizens of legal voting age can donate to political campaigns. A donation is defined as anything that may be assessed as having financial value. Any candidate that is found to have accepted any donation over this limit is disqualified from that particular election, and if a candidate is discovered to have accepted donations over this limit after having been elected, then such conduct shall be considered grounds for a recall election.
Congressional candidates may only accept donations from citizens within the state in which they are running for office.
Subsection 4: All qualifying candidates will recieve funding from the Election Management Agency, which they may spend as they see fit, and all qualifying candidates will recieve equivalent access to media for advertising purposes. Qualifying candidates may spend only the money that they recieve from the Election Management Agency, the aforementioned donations, and the remainder of such money as has been raised from previous election attempts. Candidates may not accept additional media time as donations.
Subsection 5: All qualifying candidates are required to participate in a minimum of two public debates, for which there shall be randomly selected questions from a randomly selected pool of eligible voters. Failure to participate in debates disqualifies a candidate from that particular election.
Subsection 6: Candidates may not spend money recieved from the Electoral Management Agency to directly purchase votes, or the support of voters.
Subsection 7: Money raised by candidates who have qualified shall not be used for any other purpose except to run for election, and may not be given to any organization or other person. If a candidate that has qualified chooses not to run for election again, then there is a five year moratorium during which the money cannot be used for any purpose. After this moratorium ends, then the formerly qualified candidate may use the money as he or she sees fit.
Subsection 8: Candidates may not attempt to bribe, threaten, or otherwise interfere with the legitimate workings of the Election Management Agency. Attempts to do so shall disqualify a candidate from that particular election, and if such conduct is discovered to have been engaged in by a candidate after they have been elected, then such conduct shall be considered grounds for a recall election. Personnel from the Election Management Agency who have been discovered to conspire with candidates or politicians shall be charged with election fraud; and if found guilty, shall additionally be disbarred from further employment with the Election Management Agency.
Subsection 9: No person employed by the Election Management Agency may also be employed by any other governmental agency. Persons who have been employed by the Election Management Agency shall not themselves run for office for two years after the cessation of their employment by the Election Management Agency.
Subsection 10: Personnel under the jurisdiction of the Election Management Agency shall not engage in any conduct that officially favors one candidate or group of candidates, though they retain the right to legally donate funds themselves. Such conduct may be considered election fraud, and prosecuted accordingly.
Personnel under the jurisdiction of the Election Management Agency are additionally disallowed from the following;
Using any information acquired during their employment with the agency for either personal gain, or for the gain of any other future employer that they may have.
Initiating or participating in petitions for recall.
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Post by POA on Apr 12, 2004 15:17:13 GMT -5
Section 6: The powers of the Election Management Agency are as follows:
To employ such personnel as are required;
To purchase such resources as are necessary to run elections;
To acquire advertising time through the media so that all candidates meeting qualifications have equal access;
To organize and moderate debates between candidates;
To count votes;
To request and recieve aid from other branches of government in the pursuit of its duties;
To guarantee to all states a fair electoral procedure as specified elsewhere in this Constitution;
To monitor elections, politicians, and candidates, so as to prevent election fraud;
To provide evidence to the public and Congress of election fraud;
To accept petitions for Constitutional Conventions and secession;
To maintain an honest and accurate electoral roll.
Section 7: Citizens and candidates have the right to appeal decisions made by the Election Management Agency through the use of the judicial system; and such decisions as made through the judicial system as do not contradict this Constitution, or prevent the Election Management Agency from pursuing its constitutionally designated duties shall be understood as to be binding against the Election Management Agency.
Section 8: Elections shall be held on the first Saturday of November, and recall elections shall be held on the first Saturday of the month that is seven months after a sufficient number of signatures have been acquired. The number of signatures required to request a recall election shall be set at forty five percent of the national electorate in the case of the President and Secretary of External Affairs, and forty percent of the state electorate in the case of members of Congress. A recall election may be considered to be successful with a simple majority for the electorate voting.
A recall election can not be called three months before the person to be recalled is to leave office; if they are not running for that office again. All recall petitions must both specify a breach of conduct enumerated in this Constitution and provide evidence that the politician concerned has engaged in such a breach of conduct in order to be considered legitimate.
Section 9: The Electoral Management Agency does not have the rights to refuse funding or support for any candidate that has acquired the requisite signatures and qualifications, to refuse to conduct a recall election if sufficient signatures have been acquired against that individual and the recall petition is legitimate, or to refuse to conduct an electoral recount.
Nor shall the Electoral Management Agency cede its responsibilities to the States.
Section 10: If evidence of election fraud is found in the case of an election for the President or the Secretary of External Affairs, representatives of the Election Management Agency shall make such evidence publically available, and provide such evidence to Congress in order to begin impeachment proceedings.
Section 11: The director of the Election Management Agency shall be elected by direct vote within one year of the ratification of this document. Their replacement shall be elected once every six years afterwards but no election for the director of the Election Management Agency shall be within the same year as an election for President.
The director of the Election Management Agency shall be elected as follows:
Ballots shall include all of the candidates that have qualified, and the ballots shall indicate preferences, with the number of preferences available equivalent to the number of candidates that have qualified. Preferences shall be numbered in such a way as to indicate that a candidate is most preferred to least preferred, and a vote for most preferred for any candidate shall be weighed so as to be worth as many times as there are candidates for the director. The candidate that recieves the most preferences shall be the director.
If the director is removed from office due to conviction of election fraud, then their designated successor shall replace them, and an election for a new director shall be held within six months of the removal of the original director. If the successor in question wishes to run for this office themselves, then they are required to remove themselves from their position as temporary director before running for office.
Section 12: Congress shall have the power to legislate the penalty for election fraud.
Article VII
Section 1: All legislative powers herein granted shall be vested in a Congress of the United States.
Section 2: Congress shall not cede its legislative powers to either the judicial or the executive branches of government.
Section 3: The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
Section 4: Congress shall be the judge of the returns and qualifications of its own members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as it may provide.
Congress may determine the rules of its proceedings in all cases except for where standards set forth in this document specify otherwise, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member for misconduct or incapability of fulfilling their duties.
Congress shall keep a journal of its proceedings, and upon regular schedule publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members on any question shall, be entered on the journal. All sessions of Congress, including meetings of committees and subcommittees and public hearings, are required to be recorded, as well as publically transmitted via appropriate media, and made available in an affordable manner.
Once the period of time has passed for which a part of a Congressional proceeding shall be secret, then such a part shall be considered part of the public record, and added into it’s regular publication; but no part of a Congressional proceeding shall be considered secret for longer than eight years, and should a Congressional proceeding discuss material that has been considered by an Executive branch to be deemed classified for a longer period, then the classification assigned by Congress shall have priority and members of Congress shall not be punished for such conduct.
During a session of Congress it shall not adjourn for more than three days, nor shall it adjourn to any other place than that which has been designated as its seat.
Section 5: They shall in all cases, except felony and breach of the peace, be privileged from arrest during their attendance at their sessions, and in going to and returning from the same; and for any speech or debate in Congress, they shall not be questioned in any other place.
No member of Congress shall, during the time for which they were elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the United States, shall be a member of Congress during their continuance in office.
Section 6: All bills and treaties shall originate in Congress.
Every bill which shall have passed the Congress, shall, before it become a law, be presented to the relevant head of the executive branch; if they approve they shall sign it, but if not they shall return it, with their objections to where it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration Congress chooses to vote again on the bill, if approved by a majority then it shall become a law. But in all such cases the votes of members of Congress shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of Congress. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
All amendments and additions to bills are required to be relevant to the general spirit and subject material of the original bill.
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Post by POA on Apr 12, 2004 15:18:54 GMT -5
Section 7: The Congress shall have power to lay and collect duties, imposts and excises, to pay the debts of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
Congress additionally shall have the following powers and responsibilities:
To have compulsory process for acquiring information, including, but not exclusive to, records and documents and interviewing personnel from the Election Management Agency, and foreign executive, domestic executive, and judiciary branches, including justices, the President, and the Secretary of External Affairs themselves;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To make such legislation as is necessary for the preservation of natural resources and the environment, the construction and maintenance of social systems, including but not exclusive to education and health care, and the construction of such infrastructure as is necessary for the general welfare of the United States;
To make such legislation as is necessary for protection from unfair trade practices and working conditions;
To make such legislation as is necessary for protection from monopolistic and fraudulent behavior, and establish standards for good conduct on the part of businesses;
To make such legislation as is necessary for the protection of citizens and residents against discrimination; and redress for previous discrimination as deemed necessary;
To make such legislation as is necessary to protect those rights of residents and citizens as enumerated within this Constitution; as well as those rights discovered to be necessary at later times;
To make such legislation as is necessary to provide for the general welfare of all citizens and residents of the United States; including but not exclusive to health care, education, and compensation for economic hardship;
To make such legislation as is necessary to provide to the United States a system of progressive taxation that shall raise such finds as are required for the execution of the government’s duties in protecting rights and advancing the general welfare of the Union. This authority shall extend to taxing all economic profit-making organizations within the United States as well as all citizens;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To approve the stationing of military personnel outside of the United States and the movements of such personnel;
To grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To approve all treaties and requests for troop movement and placement submitted by the Secretary of External Affairs.
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To make all other laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
Section 8: Congress shall choose their speaker and other officers; and shall have the power of impeachment against the President, Vice President, Secretary of External Affairs, Supreme Court justices, and all civil officers of the United States in case of bribery, explicit violation of the limitations set upon their power in this Constitution, explicit violation of the rights and freedoms afforded to citizens and residents, election fraud, negligence, and other high crimes and misdemeanors.
Congress has no right to refuse to hear evidence provided by the Election Management Agency in the case of potential election fraud conducted by either the President or Secretary of External Affairs.
Section 9: Congress shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. No person shall be convicted without the concurrence of two thirds of the members present.
Judgment in cases of impeachment shall extend to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States: and the party convicted shall be liable and subject to indictment, trial, judgment and punishment, according to law.
Section 10: Congress possesses the exclusive right to declare war upon receipt of a legitimately submitted declaration of war from the Secretary of External Affairs, followed by a two thirds majority approval of Congress. A declaration of war may only be considered legitimate if it specifies the nation against which war is to be declared, a clear and achievable objective for the war, proof that the nation involved initiated hostilities, and if the United States has been attacked first by the nation specified.
Congress may not cede the right to declare war, nor may any vote for an illegitimate declaration of war be considered valid. Members of Congress engaging in either of the aforementioned acts may be legitimately recalled.
Once war has been declared, Congress shall be accurately informed of the progress of the war by the Secretary of External Affairs, or an appropriate representative at regular intervals.
Permission for the stationing of military personnel outside of the United States shall be acquired by the Secretary of External Affairs from Congress every sixty days during peacetime, and every twenty days after the declaration of war.
Section 11: The privilege of the writ of habeas corpus may not be suspended.
No bill of attainder or ex post facto Law shall be passed.
No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
No member of Congress who has been successfully recalled may be reinstated by any act of Congress.
Section 12: No member of Congress may employ, or recommend unduly for such employment, family members or close personal associates.
After a member of Congress leaves office, they shall recieve a stipend equivalent to the compensation granted for the last year of their service, for five years afterwards. They may take no position in an economic organization or advisory group for which their previous status or privilege would represent a significant benefit during this period. Once this period is ended, no further limitation of the type specified in this clause on such persons shall be constructed to exist.
Section 13: No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; pass any bill of attainder, ex post facto law, or law impairing the obligation of legal contracts, or grant any title of nobility.
No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing it's inspection laws: and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
Section 14: Congress shall not enter into any treaty that shall bypass the protections and rights afforded to citizens and residents of the United States.
Section 15: Congress shall be afforded adequate time to discuss the merits and flaws of any proposed legislation, treaty, or proposition of war.
Section 16: Upon the election of the first Congress, Congress shall be responsible for the design of a transparent and accountable procedure by which bills and other legislative actions may be originated and discussed.
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Post by POA on Apr 12, 2004 15:36:53 GMT -5
Article VIII
Section 1: Congress shall be composed of members directly chosen every six years by the people of the states. Members of Congress shall be recalled from their office with a simple majority of voters in a recall election.
Ballots for Members of Congress shall include all of the candidates that have qualified, and the ballot shall indicate preferences, with the number of preferences available equivalent to the number of candidates that have qualified. Preferences shall be numbered in such a way as to indicate that a candidate is most preferred to least preferred, and a vote for most preferred for any candidate shall be weighed so as to be worth as many times as there are candidates for that particular State. The candidate that recieves the most preferences shall be the first Member of Congress seated, and the remaining seats shall be apportioned to the candidates who have recieved successively decreasing numbers of preferences.
The ballot for a recall procedure shall include all of the candidates that have qualified as well as the name of the Member of Congress against which the recall was intended, and all candidates shall act in accordance with those provisions set forth in this Constitution.
Should the Member of Congress in question recieve the highest number of preferences on a recall ballot, then the recall may be considered to have failed. Should any other candidate recieve the highest number of preferences, then the recall may be considered to have succeeded; and that candidate shall become a Member of Congress for that state.
Section 2: The number of members of Congress that shall belong to each State shall be assessed in the following manner:
The citizens of all the States shall be counted; and the ratio of the greatest number of citizens in a state to the smallest number of citizens in a state calculated. The smallest state shall recieve six Members of Congress, and additional Members of Congress shall be apportioned to each State in a ratio of twelve Members of Congress per number of least population. If the population of a state is more than eighty percent close to an increment, then it shall be rounded up for the purposes of apportioning Members of Congress. If the population of a state is lower than eighty percent, then it shall be rounded down for the purpose of apportioning Members of Congress.
Section 3: After the initial election of all Members of Congress, each state’s congressional representation shall be divided randomly into three classes of equivalent size. The first class shall be face election two years after ratification; the second class shall face election two years afterwards; and the third class two years after the second class.
Section 4: Members of Congress may only recieve the compensation voted to them by the direct vote, and paid out of the treasury of the United States, but all Members of Congress shall be guaranteed equivalent compensation. Compensation shall be defined as anything of financial value. Breaches of conduct shall be considered grounds for recall.
Section 5: No person shall be Member of Congress who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
Section 6: When vacancies happen in the Representation from any state except in case of recall, the executive authority thereof shall issue interim writs of election to fill such vacancies, and an election to fill the vacancy shall be held two years later according to the procedure set forth in this Constitution.
Section 7: All members of Congress shall speak before a group of citizens of the State that they represent in order to better inform citizens of their actions once every six months, and shall have questions asked of them at these meetings.
The citizens for such a meeting shall be chosen at random out of a pool of those citizens that desire such interaction, and all such meetings shall be held in the home state of the member of Congress.
All such meetings are required to be recorded, as well as publically transmitted via appropriate media, and made available in an affordable manner.
Article IX
Section 1: Domestic executive power shall be vested in a President of the United States of America. He or she shall hold the office during the term of four years and together with the Vice President chosen for the same term, be determined through the direct vote of the electorate. The domestic executive power shall be construed to mean managerial responsibility for all departments of the federal government whose responsbilities have been assigned as internal to the United States.
Citizens who have been naturalized into the United States for twelve Years shall be eligible to the office of President; in addition, persons shall be eligible to that office who shall have attained to the age of thirty five years, and been fourteen Years a resident within the United States.
No vice-Presidential nominee may be exempt from the aforementioned qualification.
Section 2: The president shall be elected as follows:
Ballots shall include all of the candidates and vice presidential selections that have qualified, and the ballots shall indicate preferences, with the number of preferences available equivalent to the number of candidates that have qualified. Preferences shall be numbered in such a way as to indicate that a candidate is most preferred to least preferred, and a vote for most preferred for any candidate shall be weighed so as to be worth as many times as there are candidates for President. The candidate that recieves the most preferences shall be the President.
If the difference between the highest number of tabulated preferences and second highest number of tabulated preferences is less than one percentage of the total eligible voters in the nation, then any candidate may call for an electoral recount.
If the electoral recount fails to provide a clear resolution of the issue of who has won the presidential election, then a second election may be called for the office. This election shall follow the same procedure as the first; but the ballots shall only include the presidential candidates.
If the second election fails to provide a resolution, then Congress shall hold a direct vote; and the winner of this vote through simple majority shall be considered the President of the United States.
Should this electoral process last until the appointed day when the President should leave office; having been elected for two terms previously, then he shall cede all duties and responsibilities to the Vice President. If the Vice President is a candidate in the election in question, then the Speaker of the Congress shall be President until such time as the election has been properly resolved. At this point, the Speaker must cede all duties and responsibilities to the properly elected President.
Before he enter on the execution of his office, he shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
No other oath, or statement of ideological loyalty shall be required of the President, or any persons in their employ.
Section 3: The President shall be responsible for all previously existing Departments except for the Department of State and the Department of Defense. The Department of Homeland Security shall be renamed as the Department of Civil Defense. He or she shall also maintain an accurate recording of all actions taken both by themselves and those personnel of which they are in charge.
Section 4: No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. No person shall be President for any period of time longer than eight years in their lifetime.
Section 5: The President, and those individuals under his jurisdiction, shall recieve while holding office only the stipend appointed to them by Congress; and those other benefits which are appropriate to their position. The President, and those holding high office under him or her, may accept no gifts as defined elsewhere in the Constitution. Failure to abide by this restriction shall constitute legitimate grounds for recall, and or impeachment on the charge of bribery.
Those individuals who are nominated by the President for high office or other position are required to state honestly which organizations they have belonged to during their adult lives; and what positions held in such organizations.
High office for the domestic executive branch shall be construed as meaning members of cabinet and those department heads up to two levels below them in organizational responsibility.
After the President, and those other individuals who also hold high office, leave their positions, they shall recieve a stipend equivalent to the compensation granted for the last year of their service, for five years afterwards. They may take no position in an economic organization or advisory group for which their previous status or privilege would represent a significant benefit during this period. Once this period is ended, no further limitation of the type specified in this clause on such persons shall be constructed to exist.
The President, and holders of high office under the President, may not employ, or recommend unduly for such employment, family members or close personal associates.
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Post by POA on Apr 12, 2004 15:38:42 GMT -5
Section 6: In case of the removal of the President from office or of their death or resignation, the Vice President shall become President. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of Congress.
Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of Congress.
Section 7: Whenever the President transmits to the Speaker for Congress their written declaration that they are unable to discharge the powers and duties of their office, and until they transmit to the Speaker a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Thereafter, when the President transmits to the Speaker for Congress his written declaration that no inability exists, they shall resume the powers and duties of their office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the Speaker for Congress their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Section 8: The President shall appoint judges of the Supreme Court and all other domestic officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.
Section 9: The Executive Branches have no power to deny any request for information made by a citizen, save when this information would compromise a current criminal investigation, the privacy rights of another citizen or resident, or information that has been classified as secret after the ratification of this Constitution. Information may only be classified for a maximum of twelve years, and may not be subsequently reclassified.
Section 10: The President and Secretary of External Affairs shall be compelled to speak before Congress and answer questions placed to them in full session no less often than once every two months, and recommend to their consideration such measures as he shall judge necessary and expedient; they may, on extraordinary occasions, convene Congress.
Section 11: No personnel in the Executive Branch may be used to circumvent the powers of the Secretary of External Affairs over foreign relations. Attempts at circumvention shall be construed as grounds for impeachment proceedings.
Section 12: The president shall have the authority to extend pardons and reprieves; except for persons employed previously or currently by the executive branches, members of Congress or the judiciary.
Section 13: The following actions are expressly disallowed to the President of the United States, and to the agencies and departments for which he or she is in charge:
Using any governmental agency or organization to persecute, harass, or otherwise intimidate peaceful organizations, citizens, or residents.
Hindering an investigation of election fraud instigated by the Election Management Agency.
Selectively enforcing laws.
Initiating hostilities against a nation or international organization against which war has not been declared and approved by Congress.
Acquiring information on citizens and residents without express consent outside of the context of a current criminal investigation when such acquisition goes above and beyond the minimal amount required for the collection of taxes and the providing of services.
Using edicts, decisions, and orders to circumvene the necessity of consulting Congress and acquiring Congressional approval.
Consulting with personnel and forums outside of those for which appropriations have been expressly been approved by Congress.
Enlisting the aid of foreign powers or resources available to the foreign Executive Branch in an attempt to circumvent the aforementioned restrictions.
Evading the Congressional compulsory process for the acquisition of information, or refusing subpoena of any personnel, including the President. The willful destruction of relevant information in records kept may also be construed as such evasion.
Transferring American citizens and residents outside of the jurisdiction of the judicial system of these United States for the express purpose of interrogation.
Section 14: Reprisals shall not be taken by the domestic Executive Branch, members of the domestic Executive Branch, or personnel hired for such purposes, against personnel or former personnel who share information with the public due to need of conscience.
Section 15: Upon ratification of this document and subsequent elections, the President shall be responsible for a comprehensive examination of all domestic commitments upon which the government has entered into beforehand.
Article XI
Section 1: Foreign executive power shall be vested in a Secretary of External Affairs, who shall hold office for two years. The Secretary of External Affairs shall hold office for a maximum of six years in their lifetime. Foreign executive power shall be construed as managerial responsibility for the Departments specified only and those powers specifically enumerated.
Section 2: The oath of the Secretary of External Affairs shall be the following: “I, (swear or affirm) that I shall defend these United States to the best of my abilities, shall follow the Constitution while doing so, and that in my statements and deeds I shall present these United States to the rest of the world as a rational and responsible nation of free people.”<br> No other oath, or statement of ideological loyalty shall be required of the Secretary of External Affairs, or any persons in their employ.
Section 3: The Secretary of External Affairs shall be elected as follows:
Ballots shall include all of the candidates that have qualified, and the ballots shall indicate preferences, with the number of preferences available equivalent to the number of candidates that have qualified. Preferences shall be numbered in such a way as to indicate that a candidate is most preferred to least preferred, and a vote for most preferred for any candidate shall be weighed so as to be worth as many times as there are candidates for Secretary of External Affairs. The candidate that recieves the most preferences shall be the winner.
If the difference between the highest number of tabulated preferences and second highest number of tabulated preferences is less than one percentage of the total eligible voters in the nation, then any candidate may call for an electoral recount.
If the electoral recount fails to provide a clear resolution of the issue of who has won the election, then a second election may be called for the office.
If the second election fails to provide a resolution, then Congress shall hold a direct vote, considering the top three candidates that have been preferred in the second election; and the winner of this vote shall be considered the Secretary of External Affairs.
Should this electoral process last until the appointed day when the Secretary of External Affairs should leave office; having been elected for three terms previously, then he shall cede all duties and responsibilities to the Secretary of State. If the Secretary of State is a candidate in the election in question, then the Secretary of Defense shall be Secretary of External Affairs until such time as the election has been properly resolved. At this point, the Secretary of Defense is intended to cede all duties and responsibilities to the properly elected Secretary of External Affairs.
Section 4: Citizens who have been naturalized into the United States for twelve Years shall be eligible to the office of Secretary of External Affairs; in addition, persons shall be eligible to that office who shall have attained to the age of thirty five years, and been fourteen Years a resident within the United States.
Section 5: The Secretary shall be the head of the previously existing Departments of State and Defense. They shall have no other responsibility than those specified in this document and these two Departments.
Section 6: The Secretary of External Affairs shall not be the same person as the President; nor shall any person under the jurisdiction of the Secretary of External Affairs simoultaneously hold an office or position under the jurisdiction of the President. Neither shall any member of Congress, or the Judiciary, simoultaneously be employed by the Secretary of External Affairs.
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Post by POA on Apr 12, 2004 15:40:06 GMT -5
Section 7: The Secretary of External Affairs, and those individuals under his jurisdiction, shall recieve while holding office only the stipend appointed to them by Congress; and those other benefits which are appropriate to their position. The Secretary of External Affairs, and those holding high office under him or her, may accept no gifts as defined elsewhere in the Constitution. Failure to abide by this restriction shall constitute legitimate grounds for recall, and or impeachment as bribery.
Those individuals who are nominated by the Secretary of External Affairs for high office or other position are required to state honestly which organizations they have belonged to during their adult lives; and what positions held in such organizations.
After the Secretary of External Affairs, and those other individuals who also hold high office or military station, leave their positions, they shall recieve a stipend equivalent to the compensation granted for the last year of their service, for five years afterwards. They may take no position in an economic organization or advisory group for which their previous status or privilege would represent a significant benefit during this period. Once this period is ended, no further limitation on such persons shall be constructed to exist.
High office shall be construed as meaning department heads and those individuals two levels below in responsibility, and those officers of the military whose rank upon discharge is the equivalent of colonel or above.
The Secretary of External Affairs, and holders of high office under them, may not employ, or recommend unduly for such employment, family members or close personal associates.
Section 8: In case of the removal of the Secretary from office upon their death, resignation, recall, or impeachment, a replacement shall be nominated by the President and approved of by simple majority of Congress, until such time as an election for the Secretary can be held, but this time shall not exceed six months in length.
Section 9: The Secretary of External Affairs shall be commander in chief of the military of the United States, and of the militia of the several states, when called into the actual service of the United States, and also possess final responsibility for the diplomatic corps and related services; he or she may require the opinion, in writing of the principle officers in each of these executive departments, upon any subject relating to the duties of their respective offices.
Section 10: The responsibilities of the Secretary of External Affairs are:
To propose declarations of war and treaties to Congress.
To petition Congress for the placement and movement of military personnel in peacetime.
To execute a foreign policy coherent with the nature of the United States as a democracy.
To commission all the officers of the United States.
To recieve ambassadors and other personages of import from outside the United States.
To appoint ambassadors and consuls.
To author a budget describing accurately what resources and funds are necessary for the pursuance of their specified duties.
To create and maintain an accurate recording of all actions taken both by themselves and those personnel of which they are in charge;
Section 11: He or she shall keep Congress accurately apprised of developing situations, and actions taken by the agencies and departments of which they are in charge.
Section 12: The following actions are expressly disallowed to the Secretary of External Affairs:
Denying legitimate extradition requests from governments or international entities with which diplomatic relations exist.
Violating treaties of which the United States is a signatory;
Circumvening the power of Congress through the acquisition and or use of funds or personnel from organizations or extra-national parties.
Circumvening or attempting to circumvene the powers of the President over domestic relations.
Sabotaging or otherwise interfering with the internal functionings of a nation against which war has not been declared and approved by Congress.
Hindering an investigation of election fraud by the Election Management Agency.
Initiating hostilities against a nation or international organization against which war has not been declared and approved by Congress.
Stationing troops, or taking actions intended to provoke war, or other forms of hostile responses intended to provoke war, for the express purpose of acquiring a declaration of war from Congress.
Using personnel under the jurisdiction of the Secretary of External Affairs for domestic law enforcement purposes.
Consulting with personnel and forums outside of those for which appropriations have been expressly been approved by Congress.
Evading the Congressional compulsory process for the acquisition of information, or refusing subpoena of any personnel, including the Secretary of External Affairs. The willful destruction of relevant information in records kept may also be construed as such evasion.
Enlisting the aid of foreign powers or resources available to the domestic Executive Branch in an attempt to circumvent the aforementioned restrictions.
Section 13: The Secretary of External Affairs, and all subsidiary departments, are limited in their spending, to the maximum amount that the President of the United States may spend after the approval of the national budget by Congress. This limit may only be exceeded during time of legitimately declared war or other imminent national emergency to be determined by Congress.
Section 14: After the end of national threat, or sufficient treaty or ceasefire has been reached to end hostilities, the Secretary of External Affairs is expected to reduce military forces to a level required to pursue their peacetime duties and treaty obligations safely.
Section 15: The military shall not be considered sovereign for the purposes of bypassing the separation of religion and state specified in this Constitution.
Section 16: Reprisals shall not be taken by the foreign Executive Branch, members of the foreign Executive Branch, or personnel hired for such purposes, against personnel or former personnel who share information with the public due to need of conscience.
Section 17: Upon ratification of this document and subsequent elections, the Secretary of External Affairs shall be responsible for a comprehensive examination of all foreign policy and military commitments upon which the government has entered into beforehand.
Article XII
Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between the domestic and foreign executive authorities—between domestic and foreign executive branches—between Congress and the executive branches--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Section 3: Justices of the Supreme Court may only hold office for sixteen years.
Section 4: The authority of the judiciary shall not extend to making any decision which shall halt an electoral recount or making any decision that shall restrict the rights of citizens and residents as specified in this Article or Articles III and V.
Section 5: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial and diverse jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted by the witnesses and accusers against them; to have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for their defense, with competent and energetic counsel provided for the accused should the accused desire such aid. The accused shall also enjoy the right to a competent and energetic legal counselor, different from the first, should the accused desire appeal. The accused shall not be required to pay fees to attend court, or to be imprisoned, or in connection with being prosecuted by the state.
Section 6: The accused shall be informed of their rights upon their arrest in all cases.
Section 7: Extreme duress, including, but not exclusive to, torture, physical abuse, threats to the accused, and threats to individuals besides the accused, shall not be used in an attempt to compel information from the accused.
Section 8: Witnesses shall not be offered payments or lesser penalties in exchange for testimony against the accused.
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Post by POA on Apr 12, 2004 15:41:26 GMT -5
Section 9: The jury shall be informed, before jury trials commence, of their right to not convict the accused in case of laws deemed by conscience of jury members to be unjust. Jury members shall have the right to consult with other jury members regarding this right.
Citizens shall not be deprived of their right to serve upon juries on the basis of previous incarceration or conviction of criminal offenses.
Section 10: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be reserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Section 11: Excessive bail shall not be required, nor fines disproportionate to the offense imposed, nor cruel and/or unusual punishments inflicted, including, but not exclusive to, capital punishment, sterilization, slavery, and involuntary servitude.
Section 12: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Nor shall the government compel third parties into providing information to be used in a criminal prosecution without the use of a warrant as specified above.
Section 13: Excessive force shall not be applied against citizens and residents in the act of apprehending them in the case of a potential crime.
Section 14: No resident or citizen shall be tried more than once for the same crime.
Section 15: No court shall be created by any branch of government that bypasses the protections of the rights of citizens and residents; nor shall any branch of government conduct itself in such a manner.
Section 16: Congress shall have the power to legislate protections of these rights.
Article XIII
Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
A person charged in any state with a felony or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered to the state having jurisdiction of the crime.
Section 3. New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.
The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
Section 4. The United States shall guarantee to every state in this union a democratic form of government capable and empowered to protect the rights and freedoms of it’s citizens and residents, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Article XIV: The Congress, whenever a majority shall deem it necessary, shall propose amendments to this Constitution. All proposed amendments that have passed the vote of Congress shall be afforded a one year period for consideration by citizens of the United States. At the end of this period a vote shall be held on the first Saturday of November upon the proposed amendment among all citizens of voting age within the United States. An amendment that is approved by a sixty percent majority in this second vote shall be considered to all intents and purposes, as part of this Constitution.
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Post by POA on Apr 12, 2004 15:42:31 GMT -5
Article XV
Section 1: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
Section 2: Those laws as do not contradict this Constitution, or have not been specifically invalidated in Addendum I, may be assumed to continue to hold valid, along with the obligations incurred by such laws, and convictions derived. Such laws as may be transferred from the previous legal codes, are still subject to procedure of review by the Judiciary, and repeal through normal procedure.
Section 3: The Members of Congress before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
Article XVI
Section 1: The States which have signed this constitution have the right to secede from it utilizing the following procedure:
Subsection 1: A petition for secession must be initiated by a citizen of the state that wishes to secede. This petition must acquire the signatures of a majority of the citizens that are qualified to vote, and then be presented to the Electoral Management Agency office within that state.
The Electoral Management Agency must accept any properly filed and signed petition for secession.
Subsection 2: An initial referendum shall be held among the citizens of the state in which the petition for secession has been properly filed. Should this vote pass by a two-thirds majority or greater, then a period of preparation for secession shall begin within the state that so desires it.
Preparations for secession shall include, but not be exclusive to;
The discussion of domestic and international legal relations regarding the state in question.
Providing assurances and guarantees that the rights of minorities within the state in question shall be protected.
The development of an economic and legal system within the state in question.
The period of preparation for secession shall be three years starting from the passage of the initial referendum.
Subsection 3: During this third year, the state in question shall hold a second referendum on the first Saturday in November. Should this second referendum pass with a two-thirds majority, then the state shall no longer be considered part of the United States. Should the second referendum fail, then the state in question shall still be considered part of the United States.
Section 2: Upon secession, responsibility for all interaction between the seceded State and the United States is transferred to the Secretary of External Affairs.
Section 3: Former citizens from a seceded state are no longer eligible to vote in the United States; or to hold office; or to any other rights within the United States except for those specified as belonging to residents and visitors.
Article XVII: The ratification of the conventions of nine states, shall be sufficient for the establishment of this Constitution between the states so ratifying the same. Elections for public office shall be held once funds have been appropriated for the Electoral Management Agency, but no later than one year after the first Enumeration of citizens.
Article XVIII
Section 1: A Constitutional Convention may be called through a simple majority of the population eligible for voting.
Section 2: After the initial calling of the Constitutional Convention, an election shall occur among all of the states currently within the United States, according to the following procedure:
Subsection 1: The number of Delegates that each state shall provide shall be equivalent to one third the size of that State’s Congressional Representation.
Subsection 2: Candidates for the position of Constitutional Delegate shall meet the same qualifications as candidates for Congress.
The election for Constitutional Delegates shall be held on the first Saturday of the month nine months after the initial successful vote for the Constitutional Convention.
Subsection 3: Ballots for Constitutional Delegates shall include all of the candidates that have qualified, and the ballot shall indicate preferences, with the number of preferences available equivalent to the number of candidates that have qualified. Preferences shall be numbered in such a way as to indicate that a candidate is most preferred to least preferred, and a vote for most preferred for any candidate shall be weighed so as to be worth as many times as there are candidates for that particular State. The candidate that recieves the most preferences shall be the first Delegate seated, and the remaining seats shall be apportioned to the candidates who have recieved successively decreasing numbers of preferences.
Section 3: The Delegates to the Constitutional Convention shall meet in a place and time of their choosing, and shall be judged to be the judge of the returns and qualifications of its own members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as it may provide.
The proceedings of the Constitutional Convention and all deliberative bodies subordinate to it shall be recorded and available to the public.
Section 4: A Constitutional Draft may be approved by the Delegates of the Constitutional Convention through a majority vote of all Delegates selected by the people. If a Constitutional Draft fails to secure sufficient votes, then it shall be reconsidered for a time, and then subjected to a second vote.
Should this second vote fail, then the Constitutional Convention shall be considered concluded, and the Electoral Management Agency is under no obligation to consider a petition for a Constitutional Convention for the next six years following the vote.
The Constitutional Draft shall be published and made available for all members of the public to read, examine, and debate for an sixteenmonth period after the conclusion of the Constitutional Convention.
Section 5: Upon the conclusion of this sixteen month period, the Constitutional Draft shall be voted upon directly by the population eligible for voting as specified elsewhere. If the Constitution passes with a sixty percent majority of the potential voters in the election, then that Constitutional Draft, shall be considered the new Constitution.
Should the Constitutional Draft fail to pass in this vote, then it shall not be considered to be legally binding; and no obligation exists upon the government to consider a petition for another Constitutional Convention for the next six years following the final vote.
Section 6: No branch of the government has the right to hinder any request for a Constitutional Convention, or efforts to organize such.
Section 7: Constitutional Conventions shall occur a minimum of once every twenty-four years; and the Constitution re-ratified or changed at such times.
Addendum I
The following laws are no longer considered to be valid within the United States. All individuals currently held in violation of these laws, are to be released, and appropriate recompense delivered to them:
The PATRIOT Act The Digital Millenium Copyright Act The National Security Act
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Post by Ropegun on Apr 12, 2004 16:41:56 GMT -5
Nicely done!
I agree with pretty much everything you have in this document. However, I would like to add some things, if I may.
I feel somethings should be explained, with regards to why they are there. Specifically, Art.III, Sec.6. People should know who and what they are allowed to defend themselves against. What I mean is, if they are allowed to protect their property, or their lives. And if this applies to corrupt and tyrannical governments, including the U.S. government. Being specific might help, so as to not allow for legal wrangling such as we have now, regarding interpretations that select groups have over this type of law.
Also, I think provision should be made regarding federal money being used to subsidize large corporations. I think this should be illegal. A business should stand or fall on its own merit, or lack thereof. It is not the place of the federal government to insure a businesses success. If we truly live in a free market, either a business makes itself viable, or it goes away. The government should'nt be allowed to spend the taxpayers money on helping business succeed.
Just some thoughts on this idea of a new constitution. very nicely thought out and written. Now if we could only make this happen!
Peace.
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Post by Ropegun on Apr 12, 2004 19:56:04 GMT -5
maybe I'm just nitpicking?
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Post by Ropegun on Apr 14, 2004 0:30:43 GMT -5
POA.... I hope I did'nt offend you with my comments. Peace.
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Post by POA on Apr 15, 2004 19:38:57 GMT -5
Nicely done! I agree with pretty much everything you have in this document. However, I would like to add some things, if I may. I feel somethings should be explained, with regards to why they are there. Specifically, Art.III, Sec.6. People should know who and what they are allowed to defend themselves against. What I mean is, if they are allowed to protect their property, or their lives. And if this applies to corrupt and tyrannical governments, including the U.S. government. Being specific might help, so as to not allow for legal wrangling such as we have now, regarding interpretations that select groups have over this type of law. Also, I think provision should be made regarding federal money being used to subsidize large corporations. I think this should be illegal. A business should stand or fall on its own merit, or lack thereof. It is not the place of the federal government to insure a businesses success. If we truly live in a free market, either a business makes itself viable, or it goes away. The government should'nt be allowed to spend the taxpayers money on helping business succeed. Just some thoughts on this idea of a new constitution. very nicely thought out and written. Now if we could only make this happen! Peace. ok...here's my first attempt to address these issues: 1) (old version) Article III, Section 6: Citizens and residents have the right to own, carry, and use appropriate weapons to defend themselves. This right may not be abridged. (potential new version) Article III, Section 6: Citizens and residents have the right to own, carry, and use appropriate weapons to use for the purpose of immediately defending themselves against criminal acts committed either by other citizens and residents, or by the government in the event of it's perpetration of acts specifically illegalized by this constitution. This right may not be abridged. (Considering that there is, in this new version, a wide array of acts that the government is specifically prohibited from doing and would be considered criminal, this gives individuals a right to defend themselves against the government in emergency situations. At the same time, there are situations in which a government will be acting lawfully-if someone uses creative accounting to underpay taxes to the government from their corporation and the law is clear on the matter, I don't think that they have a legitimate right to defend themselves if the government isn't using excessive force.) At the same time, I have to say that I have some concerns about this. Foremost is that tyranny, while we all agree exactly what it consists of, could be defined by people with diametrically opposite convictions to mean everything we want. Examples would be Klan types saying that not intimidating and terrorizing minorities would be 'tyrannical' (to them), or the Christian Wrong types saying that respecting some bounds to their percieved unlimited right to shove their religion down everyone's throats is also tyrannical. 2) The corporate welfare issue. I think that a very large proportion of the corporate welfare that occurs comes from the government paying out money to giant corporations ostensibly to accomplish something (which of course, they either don't do, or they do badly and their upper management pockets the money in outrageous payments). So, here's a first attempt at a solution to the problem: Added into Article XI, Section 12, and Article IX, Section 13 (both of these articles concern actions disallowed to the executive branches): Taking actions, either through direct funding or contracting decisions, that either preserve a monopoly or oligarchy in a segment of industry, or protect a participant in such a monopoly or oligarchy from negative fiscal consequences. Revised Article IX, Section 3: Section 3: The President shall be responsible for all previously existing Departments except for the Department of State and the Department of Defense. The Department of Homeland Security shall be renamed as the Department of Civil Defense. He or she shall also maintain an accurate recording of all actions taken both by themselves and those personnel of which they are in charge, including the processes by which contracts are assigned and monies accordingly spent.(The previous clause in italics would also be added to Article XI, Section 10, which covers the Foreign Executive Branch.) A similar clause also needs to be added, with a bit more detail, to also cover Congress since it's intended to be the dominant deliberative and decision-making body in CII: Added to Article VII, Section 7: To make policy regarding the assignment, as dictated by necessity, of governmental contracts to the end of granting them to the smallest competent economic organization or organizations. (What this is intended to do is act as a counterargument against the inevitable "But what if a large company is the only one that can do it right."? This places an obligation on Congress in two different ways: 1) They have to actually look for the smallest entity first. 2) They have to demonstrate that it's actually competent. 3) It also states that government contracts should be thought of in terms of necessity, not something that should always be the first and last resort to every problem (which is also part of our problem with corporations-large corporations are entrusted to do virtually everything and we end up with a massive debt and Halliburton monogrammed towels (they really do exist)).
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Post by Ropegun on Apr 16, 2004 10:14:51 GMT -5
POA.... That is more like the language I was looking for. Some things should be explained so as to leave no room for arguement, and no way to circumvent the intent of the law.
As far as individual interpretations, and the hypotheticals you gave, the states each have their own laws, and murder is in every case, meaning each state and jurisdiction, illegal. Those who commit murder and are indicted for it are subject to trial by a jury of their "peers".
What I'm getting at, and you must forgive me as I have'nt finished my first cup of coffee yet, Is that the checks and balances exist for this type of constitutional rule.
Peace.
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