by
Joel M. Skousen
PREAMBLE
We, as sovereign individuals and citizens of
(the United States), having entered into a voluntary
and unanimous covenant for the mutual defense of our fundamental
rights, as described in the Citizen Compact, do hereby establish
and empower a new government to secure those rights, and do
establish this Constitution as the supreme law of the land,
providing appropriate limits to lawmaking and enforcement powers of
all governmental entities herein constituted by this mutual
agreement.
ARTICLE I
GENERAL FORM OF GOVERNMENT
A. The FORM of government we establish is a
constitutionally limited, representative democracy (hereafter
referred to as a "Republic") with strict limitations
on the powers of majority rule, so as to limit the actions and
purposes of government to the defense of the fundamental rights of
all members, and to certain cooperative services and functions paid
for and provided soley by user fees.
SOVERIEGNTY. This constitution establishes a
sovereign claim to nation status in the world. This Republic
is a federation of sovereign states States may also contain one or
more smaller covenant societies who, by unanimous consent of the
members and property owners, may agree to form a closed boundary
community with covenant legal standards more strict than the basic
national legal structure protecting only fundamental
rights.
B. AMENDMENTS This constitution outlines the
structure of government and the minimum limitations on lawmaking
and enforcement power of all branches of government. This
Constitution is amendable by a 3/4-majority of either the Congress
or the States. However, neither the Constitution nor any amendment
to it can violate or overrule any provision of the unanimous
Citizen Compact listing the fundamental rights of man.
Amendments to the Constitution may be proposed by
the President, either house of Congress, State Legislatures or any
group of citizens gaining ten percent (10%) of the signatures of
their fellow citizens. A proposed amendment shall require first,
the certification by nine (9) Supreme Court Justices that the
fundamental rights of man, as listed in the Citizen Compact, are
not violated by the proposal. Final approval shall be made by
either the consent of three fourths (3/4) of the members of both
Houses of Congress, or three fourths (3/4) of all State
Legislatures. Any State or house of Congress may rescind its
approval of an amendment up to the time that the required approvals
are obtained.
C. CITIZEN COMPACT: This governmental system is
founded upon the precept that there are universal fundamental
rights of all men, that exist even when no form of government
exists. The recognition of these rights is not properly determined
by majority rule, but rather the unanimous consent of those
agreeing to be governed by a mutual association to defend those
rights. Such rights, in the absence of a specific declaration from
God, can only be properly derived by careful analysis and selection
of rights that can be simultaneously claimed by all
persons, without engaging in the use of force
or compulsion against any other person. All persons
are thus invited to reason together and join in a mutual and
unanimous agreement thereon. The Citizen Compact delineating the
fundamental rights of members and residents is universal
declaration of rights, binding its signatories to such recognition
and agreeing to join together in a mutual compact for its defense.
The Citizen Compact can only be changed by unanimous consent of all
living Citizens who are not incapacitated, or by a three-fourths
(3/4) majority of citizens so long as the change provisions are
certified by the Supreme Court as causing no harm to the
fundamental rights of any of the original signers. A change in the
requirements of citizenship shall require that all citizens
requalify in order that all may remain on an equal
standing.
D. RATIFICATION: This constitution shall be in
full force and effect only upon those individuals consenting and
upon state governments that ratify it by a two-thirds (2/3)
majority of the members of their respective Legislative body. No
individual or state shall be forced to join the union, but States
not ratifying the Constitution shall be considered separate and
sovereign foreign nations without any privileges to have commercial
contact with member states except by the consent of
Congress.
E. SUPREME LAW OF THE LAND. All laws not
justifiable in every point of the fundamental rights of man are of
no lawful effect and citizens are under no obligation to give them
heed. Any attempt to enforce unconstitutional law by force shall be
a crime punishable by law.
F. NO GOVERNMENT IMMUNITY. Responsible,
individual officials at all levels of government shall be held
strictly liable for their actions that violate fundamental rights.
All government, police or military officials charged with
enforcement powers shall be required to know the law, the limits
and consequences of wrongful enforcement. The burden of proof is
upon the government to demonstrate compliance with this
constitution.
G. RIGHTS OF VISITERS AND DISSENTERS. This
constitution recognizes the fundamental rights of all men, even
when not members of this compact. No person visiting or living
within the proposed national boundary prior to enactment of this
Constitution shall be forced to join in the Citizen Compact, or
accept this constitution. However, such visitors or dissenters
shall not be allowed to violate any of the fundamental rights of
members of this compact. Neither shall they be accorded any
protections under the law without paying a user fee equal to the
actual cost of all services received, when specifically requested.
No enforcement officer under this government compact shall
knowingly permit any citizen or national resident to violate the
rights of a dissenter, but such officers of the law have no charge
to provide any positive protection for dissenters. Citizens or
residents under this compact shall be free to engage in any natural
contract with any foreign or dissenting person as long as those
persons are not attempting or planning to undermine the rights
herein afforded. However, dissenters and visitors shall not be
allowed free access to public provisions, roads, water or airways
even with a Citizen's invitation, without payment of an appropriate
user fee.
ARTICLE II
CITIZENSHIP
A. CITIZENSHIP: Citizenship shall be by
qualification and covenant rather than by birth to ensure that this
Constitution and the Citizen Compact are maintained by unanimous
consent of those who desire to be members and take an active part
in its maintenance and defense. The qualifications for citizenship
are part of the Citizen Compact. Persons not qualifying for
citizenship will may qualify for "resident" status by separate
covenant document, the Resident Compact. Children and
dependents of citizens shall be accorded the same legal status and
protections as "residents", without having to qualify for
citizenship until reaching the age of 20 years, as long as they
remain under the guardianship of their parents or other
guardianship by a Citizen. Except for reasons of mental or physical
incompetence or incapacity, all dependent persons must, by the age
of 20 years, either qualify for Citizenship on their own or qualify
individually as new "Residents". Such qualifications, privileges,
limitations and responsibilities of both "Citizenship" and
"Residency" are specified in the appendix to this constitution.
Dual citizenship is allowed, but persons holding such shall be
ineligible to hold public office.
B. IMMIGRATION: All persons immigrating to this
nation, seeking either permanent residence or temporary work shall
only do so with a written contract with a citizen in good standing,
wherein that citizen agrees to be responsible for the conduct,
welfare, and whereabouts of that person for a limited period under
conditions and penalties specified in law. The responsibilities of
the citizen shall not be relieved until the immigrant qualifies for
"resident" status in accordance with law or leaves the country. No
government entity shall prohibit a citizen from exercising his
right to contract with any foreign national except when the
government can demonstrate beyond a reasonable doubt that such
persons constitute a threat to public health or represent a clear
and present danger to the rights of citizens.
ARTICLE III
GOVERNMENTAL STRUCTURE AND
JURISDICTION
Governmental units will be composed of federal,
state, and local entities. This constitution will completely
control the federal structure, but will only provide minimum
structural guidelines for state and local governments for the sole
purpose of ensuring a uniform defense of fundamental rights, a
nationwide territorial defense and a uniform structure for
collecting taxes in support of administration of justice and
national defense
A. FEDERAL STRUCTURE:
The Federal Government shall be composed of three
branches:
- Executive (President, Vice President, Executive
council, and national defense structures),
- Congress (Senate and House of
Representatives)
- Judiciary (Supreme Court and Lower Federal
Courts, with appropriate enforcement powers).
1. The Federal government shall have jurisdiction
only in those areas of law directly pertaining to the nation as a
whole, including Federal Courts, National Legislature, national
defense, national boundaries, new territories, foreign relations,
international law, international travel, national and regional
transportation corridors and defense against threats to public
health that transcend one or more States, qualifications of
Citizens, and arbitration of disputes between States.
2. Federal laws enacted to ensure freedom of
movement and commerce shall not mandate any specific positive
measures, nor dictate restrictions on content of that movement,
except in matters pertaining to a clear and present danger to
public health, provable threat of agricultural disease requiring
quarantine, or clear and present threats to national
defense.
3. Federal law shall be uniform in principle for
all states and all citizens and shall ensure that no State or Local
government jurisdiction shall violate any of the fundamental rights
of any person lawfully residing in a given sub-jurisdiction of the
Republic.
4. Only the federal government may enter into
international negotiations regarding issues between sovereign
nations. However, neither the federal nor state governments shall
prohibit any matters of trade between individuals across
international borders unless such trade represents a direct, and
clear and present danger to national security or public health, the
burden of proof being upon the government.
B. STATE GOVERNMENTAL STRUCTURE:
1. FORMATION OF NEW STATES: Laws determining the
qualifications and conditions of statehood shall be uniform for all
states, and shall not be changed unless all states requalify under
the new standard. Groups of persons petitioning for statehood under
this federal Republic shall first select by majority rule a
committee to represent all the proponets in the Statehood
proceedings. Each person shall have one vote and the top 5
candidates shall form the committee. The size and specific
boundaries shall be determined by the national congress, but shall
not take affect until the proposition is approved by a 2/3 rds
majority of the residents of the proposed state. The national
government shall not reserve to itself any land area within a state
as a condition of statehood. In the case of certain lands already
in use by the federal government, said use shall be renegotiated
during or after the state formation prcess. The national congress
shall also have the ultimate authority to arbitrate boundary
disputes between adjoining nations or states which may be impacted
by a new state's formation, but only if such disputes cannot be
resolved among the state representatives. Any voluntary resolution
between the affected parties shall take precedence over a federally
arbitrated solution..
State governments shall be uniform in general
structure and voting procedures so that all State residents may
enjoy uniform rights and privileges. States may establish their own
detailed procedures, where not otherwise prescribed by this
constitution.
2. STATE OFFICERS: All states shall elect a
Governor and Vice Governor by direct majority
election by citizens at intervals determined by the states. Each
state shall establish a bicameral legislature composed of a house
of State Representatives, elected according to an equal division of
population, and a State Senate with two Senators from each state
district who garner the highest and second highest total of citizen
votes in any election. The State Judiciary shall be governed by a
State Supreme Court which shall be the court of highest appeal for
state legal issues. State Supreme Court Justices shall be appointed
to terms and conditions determined by the legislature. The Supreme
Court of each State shall determine the qualifications and
appointments of all lesser judges within the states, with the
consent of the State Senate. The State shall have no power to
determine or interfere with the selection of judges within local
counties or other incorporated communities and covenant
societies.
3. STATE LEGISLATURE shall be composed of a
Senate and a House of Representatives. The State Senate shall have
two Senators from each State District or County. Numbers of
district or county divisions in any State shall not exceed 50.
Covenant societies with a state shall take the place of any
district when such a society envelopes the bounders of such a
district. State Senators shall be elected two to a district
following the pattern established for the national Senate. The
State House shall follow the pattern of elections (100 majority
representatives and 33 minority representatives) as outlined in the
National House of Representatives below).
4 State Governments shall have
jurisdiction to establish specific statutes and punishments
for criminal acts, torts, liability, corporate and business law,
that are not addressed in this Constitution as long as such
statutes abide by the limitations of Constitutional law. States
have complete jurisdiction to set the terms and conditions of both
temporary and permanent "residency" requirements, in accordance
with general uniform Federal Constitutional standards, itemized
herein. States shall have jurisdiction to determine the disposition
of vacant land through appropriate homesteading laws, but may not
take any land exclusively for state use except by purchase through
voluntary donations, in a competitive bid with private citizens.
The purchase and maintenance of public facilities not directly
related to services to all the citizens of the state is permitted,
only only through user fees.
5. Local sub units of government, such as
counties, cities and towns, shall be formed by uniform and
reasonable procedures and conditions established by State
Legislatures . State rules for the establishment of local
government entities shall only apply to communities formed by
majority rule procedures. No State or Federal law shall
prohibit any group of 10 or more property owners from establishing
their own covenant society by unanimous consent.. Communities
utilizing initial unanimous consent to establish standards and
punishments that are more strict than State and Federal laws
governing personal conduct are exempt from all State and Federal
laws to the contrary, except those requiring the minimal
enforcement of fundamental rights. Covenant societies may enact
laws that are more strict than the basic law of the Citizen
Covenant and the Constitution, and may expand to any adjoining land
that consents to all the conditions of the Covenant Community
without prior permission from any other level of government.
Neither Federal nor State Governments shall have the power to
interfere with the affairs of such covenant societies except to
ensure that any person wishing to leave such a society and return
to the basic protections of national citizenship shall be allowed
to do so, as long as valid contractual obligations are enforced or
compensated for, and that no criminal behavior recognized on the
district, state or national level shall escape
punishment.
6. State Courts shall try all matters related to
state law that do not involved a federal constitutional conflict,
or a conflict with another State. When a federal-state
constitutional issue is raised, that specific issue shall be
handled by the Federal Court having appropriate jurisdiction.
Trials at the state level may proceed, but final disposition shall
be delayed until any Constitutional challenges are
resolved.
6A . The trial of all crimes at the state level,
shall be by jury; or by a judge within the appropriate
jurisdiction, as the accused may request. A trial by jury is an
absolute privilege of any accused person. Such trial shall be held
in the State where the crimes shall have been committed. When
crimes by a single person or group of individuals shall have taken
place in multiple States, the accused shall be tried for each crime
separately in the state where it occurred unless the victim (or
proxy of the victim) relinguishes right to prosecute locally or
joins his rights with other victims in another state trial. Trials
concerning a single criminal act involving numerous simultaneous
victims in multiple jurisdictions shall be tried in one
consolidated trial in a location to be determined by the majority
of victims. The State wherein the prisoner resides or is held
prisoner, shall extradite the accused to any other state wherein a
duly authorized grand jury has issued an indictment for trial,
unless there is reasonable cause to believe that the grand jury
made the indictment under false information or prejudicial
intent.
D. GOVERNMENT COOPERATIVE EFFORTS:
1. All government entities may establish
cooperative service enterprises as long as such enterprises,
including the costs of development, construction and administration
are run solely on a user fee basis. Specifically, the faith and
credit of the no government agency may be used to secure any
indebtedness to begin or operate such enterprises. Only voluntary
groups of citizens may offer their faith and credit for cooperative
government indebtedness.
.
ARTICLE IV
FEDERAL ELECTIONS AND DIVISION OF
AUTHORITY
A. VOTING: Only Citizens in good standing may
vote for National and State elections. Residents above the age of
18 may vote for local elections, only. Only members of Covenant
communities may vote in covenant society elections, but covenant
members who are also citizens and residents may vote in National
and State elections respectively.
REGISTRATION OF VOTE: All citizens are required
to vote as one of the agreed upon stipulations of citizenship. The
vote may be registered at the National Registry or any of its
regional offices, at any time and may be changed by written notice
received by the registry any time prior to the end of the election
day. Citizens are registered to vote at the time they receive
citizenship designation. Citizens must re registrater only when
changing their state of residence. Residents are registered to vote
at the time of yearly registration for residency, and only within
their State of their registration. Minor-child residents or minor
children of Citizens may register to vote as local residents when
they reach the age of 18 years. Residents are not required to vote.
Citizens not desiring to vote for any candidate available shall
register their vote in a "protest" or write in category.
B. The EXECUTIVE shall be composed of a President
and Vice President, elected together by popular majority vote for a
4 year term of office. Only those citizens in good standing and who
have reached the age of 40 on or before the election date are
eligible for this office. The President shall have the power to
appoint all heads of Executive departments, and other persons in
policy making positions. All other government employees shall be
hired by free and open competition after publication of the
qualifications and duties required.
The President shall have the following
duties:
1. To serve as the Commander-in-chief of the
armed forces for national defense. To appoint General officers of
the military. Such appointments may be overruled and/or removed by
a 2/3rd vote of Congress.
2. To propose legislation, funding provisions,
and Constitutional amendments for the consideration of
Congress.
3. To address the entire Congress in joint
session on matters of vital national interest
4.. To call upon Congress to meet in emergency
session to consider matters of urgent national
importance
5. To give national leadership to encourage
citizens to come voluntarily to the aid of worthy causes that may
not be proper to fund with general tax revenues, and which do not
violate any fundamental rights of man.
8. To represent the Republic in all international
matters, and appoint Ambassadors to foreign nations, with the
consent of Congress.
9. To negotiate treaties and agreements with
foreign governments which shall only be valid when 2/3rds of the
members of Congress concur. Such treaties shall be subordinate to
all provisions of this constitution
10. To oversee a security investigation force
whose duty is to provide internal and external intelligence
relative to national defense. It shall not have any authority to
investigate citizens or residents not engaged in any activity
hostile to fundamental rights.
11. To give account to a select committee of the
members of Congress whose allegiance to the Citizen Compact and
Constitution is known to be secure, of the nature and justification
of all information kept secret by the Executive branch. The final
determination of secrecy shall reside in this Congressional
Committee of Security. All state secrets must be reviewed annually,
so as to determine from time to time the appropriateness of such
secrecy. Under no circumstances shall any government misconduct
against the fundamental rights of any person be kept
secret.
12. To pardon offenses against the nation only
under guidelines established herein and when there has been a
documented miscarriage of justice. The President shall fully set
forth his reasons in writing. The Supreme Court may overrule and
such pardon.
13. To grant honorary titles and military
honors.
14. To veto legislation, in whole or in part.
Congress may override the veto of the whole legislation by a 2/3
majority, and override any portion of a partial veto by a 3/5
majority.
The President SHALL
1. Execute the provisions of law passed by
Congress and approved as Constitutional by the Supreme
Court.
2. Provide an accurate accounting to Congress of
all expenditures of funds directed by Congress and administered by
the Executive.
3. Comply in a timely manner with any request for
information required by Congress.
4. Monitor the private issuance of money, but
only to ensure against fraud, not to regulate such
money.
C. CONGRESS (SENATE). The Senate shall provide
equal representation for all States in the nation. It shall be
composed of two Senators from each state, each of which must be at
least 40 years of age, a citizens in good standing and have resided
at least four years in the State he or she will represent. The two
senators from each state shall be determined by whichever candidate
achieves the highest and second highest total number of citizen
votes, as long as the combained tally of votes represents at least
2/3 of the total votes cast.. If a 2/3 majority for both candidates
is not reached, a run-off election will be held between the two
contenders having the highest individual totals other than the top
contender. Each Senator shall have one vote in Senate proceedings.
The Senate shall elect a President of the Senate and two Vice
Presidents who shall preside over the business of the Senate. The
Senate shall constitute committees, rules and procedures to carry
out its functions in a manner equitable to all members of the
Senate. There shall be no rules allowed that are determined by
party or group affiliation or that shall create such a monopoly of
power that minority positions are excluded from debate or
participation in legislative or investigative processes. All
officers and committee positions shall be filled by majority rule,
however, no officer may sit in any Senate duty longer than 1 year,
and shall not be eligible for that position again for another 5
years.
The Senate has authority to do the
following:
1. To determine the qualifications of new States
and the disposition of territories, giving primary consideration to
the lawful desires of the residents of said states or
territories.
2. To constitute Federal courts and the terms of
service for federal judges. Federal judges shall be nominated by
the Supreme Court or the House of Representatives and confirmed by
a 2/3rd majority of the Senate.
3. To remove any federal official, except the
Supreme Court, for cause by a 2/3rd majority vote.
4. To determine dates and times of national
elections, and of transition periods before taking
office.
5 To overrule by a 2/3 rd majority any piece of
legislation or bill of appropriation emanating from the house of
representatives. To overrule a presidential veto by a 2/3 majority
and a line item veto by a 3/5 majority.
6. Ratify any treaty with another country by a
2/3rd majority.
7. To constitute the Select committee on
Security, not to exceed 12 members of unimpeachable loyalty to the
spirit and intent of the Constitution and the Citizen's Compact.
All members of the select committee must be sustained yearly by the
unanimous consent of the Senate. For a dissenting vote to be valid,
specific evidence must be provided justifying the dissenter's lack
of confidence in the loyalty of the nominee or committee member.
All members of Congress shall have open access to any information
gathered by the federal system of investigation on improper
activities of members of Congress. The President of the Senate is
to judge the validity of the dissenting statement, and must make
his judgment and reasons public to the members of the Senate. The
Senate may only overrule the judgment of the Senate President by a
2/3rds majority. The committee may operate with as few as three
members
8. To pass appropriations bills relative to the
Senate's authorized functions.
9. To determine the equitable distribution among
the States, within appropriate agency criteria, of all locations
for and acquisition of Federal governmental and military agencies
and bases.
10. To investigate charges of wrong doing and
malfeasance in the Executive, and to issue indictments against the
same, to be ruled upon by the Supreme Court.
D. (THE HOUSE OF REPRESENTATIVES):
The House of Representatives shall represent the
citizens of the nation in population districts of similar size, as
determined by the state legislatures. Legislators shall be
prohibited from attempting to manipulate the boundaries of any
district for the political advantage of any group in the
legislature. Congressmen shall be at least 30 years of age, a
citizen in good standing, and shall have been a resident of the
district represented for at least two years. If elected by
proportional party representation, they shall have been a
registered member of that party exclusively for the preceding two
years.
ELECTION PROCEDURES
Each House of Representatives at both the
national and state level shall be composed of 100 majority members
plus 33 minority members. The population represented by these 100
Representatives will be the total number of citizens in the nation
(or state, respectively), divided by 100. The numbers of citizens
is available at all times through the national citizen registry,
thus no other census shall be required. This calculation yields the
number of citizens represented by each member of the House.
Election Districts shall be formed, however, such that they contain
double this quantity of cizens such that two representatives from
each district are elected, in the same manner as Senators. The two
highest vote getters representing more than 2/3 of the electorate
(totals) are sent to Congress. Lacking 2/3 of total votes, there
must be a majority rule run-off between the two candidates
receiving the 2nd and 3rd highest vote count. These two
representatives will be called majority representatives, and will
each have 1 vote in the House of Representatives. The 3rd highest
vote getter or loser of the second place run off election will
constitute a minority representative in the House and will have 1/2
of a vote in any House proceeding.
The date and time of national elections shall be
determined by Congress, and shall allow sufficient time between the
last run-off election and the time of inauguration of the Federal
Officers and Representatives to prepare for an orderly transition
of responsibilities.
Contested elections involving evidence of
fraudulent or dishonest practices shall be adjudicated by the
appropriate Federal Court of that region or district and shall not
be subject to appeal, except upon evidence of political partiality
of the judges.
HOUSE RULES: The House shall elect a Speaker and
two counselors from its membership, and shall constitute
committees, rules and procedures to carry out its functions in a
manner equitable to all members of the House. There shall be no
rules allowed that are determined by party or group affiliation or
that shall create such a monopoly of power that minority positions
are excluded from debate or participation in legislative or
investigative processes. All officers and committee positions shall
be filled by majority rule, however, no officer may sit in any
position longer than 1 year, and shall not be eligible for that
position again for another 5 years.
The House of Representatives have authority in
the following areas:
1. To pass laws and statutes by simple majority
under Constitutional limitations.
2. To appropriate general tax revenues to fund
legitimate and Constitutional government services.
3. To set general tax rates and collect such
taxes which are uniform and appropriate to the rights and
privileges of Citizens and Residents, respectively.
4. To establish government cooperative
associations for services that are desired by a majority of
Citizens and/or Residents, but which are not utilized or directly
benefited from by all Citizens or Residents, and to fund such
exclusively by the borrowings and fees collected exclusively from
the voluntary subscribers or users themselves.
5. To pass upon amendments to the constitution by
a three fourths (3/4) majority, in concert with the
Senate.
6. To override a presidential by the
aforementioned majorities or to override a Senate bill (within the
exclusive jurisdiction of the Senate) by a 3/4 majority.
7. To declare war by a two-thirds 2/3rd majority,
and to restrain the Executive in any use of the Armed forces deemed
inappropriate by a 2/3 majority.
8. To levey taxes by a two-thirds 2/3rd majority
vote
9. To borrow money on the credit of the nation
with the 2/3 consent of all representatives, as long as such debt
service does not exceed ten percent (10%) of the average general
tax revenues collected the previous 5 years. This rate of debt
service may only be exceeded in times of war where there is a clear
and present threat of invasion to the nation, and must be retired
within a ten (10) year period. No new debt can be accummulated
until total debt service is below the basic 10% cap.
10. To provide for an unlimited copyright and
time limited patent protection for inventions, as provided by
law.
11. To raise and support armies, a navy and an
air force in time of war, and a national guard reserve military
force in time of peace.
12. To determine the rules and procedures of
required universal male military training and military service
during lawful defensive war as provided in the Citizen
Compact.
13. To legislate issues of eminent domain takings
of property as limited in the Citizen Compact.
14. To establish a seat of government, in
consultation with and joint approval of the Senate and to purchase
property for the construction of facilities necessary and proper to
the conduct and operation of legitimate government departments and
agencies.
E. FEDERAL JUDICIARY(SUPREME COURT): . The
purpose of the Supreme Court shall be to watch over the
Constitution to ensure that no laws are passed or enforced contrary
to the Constitution or the Citizen Compact under the intents and
purposes set forth in the interpretive guidelines of the original
founding signers. The Justices of the Supreme Court shall be 12 in
number and shall be selected by the first elected Senate. The
Senate shall only consider as candidates persons having taken the
most active part in the development and ratification process of
this Constitution and who wholly sustain its intents and purposes.
After initial selection, the Supreme Court shall select their own
replacements by the consent of 9 out of the 12 justices when a
vacancy occurs. Any Justice can be removed for cause by the vote of
9 other justices. Compensation shall be uniform for all justices of
the Supreme Court and shall be equal to the President of the
nation. Such compensation shall not be reduced, except as an equal
percentage that the salaries of the President and Congress are
reduced in times of hardship. Funding for Supreme Court functions
shall be provided by the House of Representatives and shall not be
unreasonably withheld or reduced for political reasons. The duties
of the Supreme Court shall be as follows:
1. To review and pass upon the constitutionality
of all laws passed by Congress prior to their becoming law. This
does not preclude additional constitutional challenges through the
Courts by individuals or States affected.
2. To review lower Federal Court
disqualification's of State Laws upon appeal by the
State.
3. To act as the highest appeals court of the
Nation in the Federal Court system.
4. To constitute and maintain an armed police
force sufficient in size and enforcement power to cause any Federal
or State Official, including the President of the United States, to
abide by its prohibition against unlawful governmental actions.
This force shall be composed of dedicated and educated Citizens who
have demonstrated high moral character, and principled behavior,
and who have taken an oath to uphold and abide by the Citizen
Compact and the Constitution.
5. To have original jurisdiction in all conflicts
at law arising between the Executive and legislative branches of
the Federal government, conflicts at law between this nation and
foreign nations, and between two States who do not come under the
same jurisdiction of any regional Federal Court.
F. FEDERAL JUDICIARY (LOWER FEDERAL COURTS) : The
federal courts shall be established by acts of Congress and located
within major regions throughout the nation so that all petitioners
shall have reasonable access to justice. Congress shall appoint
special Federal Courts to hear cases involving international
Maritime issues, and other international or interstate
transportation, communications and other issues that do not pertain
to any ascertainable region.
In all cases affecting Ambassadors, other public
Ministers and consuls, and those in which a State shall he Party,
the Regional Federal Court corresponding to the nation's capital
shall have original jurisdiction, and the Supreme Court shall have
appellate jurisdiction. In all the cases before mentioned, the
Supreme Court shall have overall appellate Jurisdiction, both as to
law and fact.
Federal Judges shall be nominated by the Supreme
Court and confirmed by the Senate.. They shall hold their Offices
during good behavior, and shall be compensated at rates established
by the Senate, which shall not he diminished during their term of
service, except as all other federal officials may be reduced in
pay due to a national hardship. Federal Judges shall be removed if
found guilty of any felony crime. The may be removed for other
causes by the vote of nine (9) Supreme Court Justices or by a vote
of two thirds (2/3) of the Senate. Federal Courts shall have the
following jurisdiction:
l. Matters of international law
2. Cases affecting ambassadors, consuls, and
other public ministers of foreign governments.
3. Appeals from the Regional Federal
Courts.
4. Controversies within each State to which the
Federal Government is a party.
5.. Admiralty and maritime cases
6. Cases pertaining to U.S. citizens outside of
State boundaries.
7. Controversy between two or more
states.
8. Controversy between a state and citizens of
another state.
9. Controversy between citizens of two different
states when the claim is for a land or chattels in another
state.
10. Cases between a citizen of this nation and a
foreign government
11. Territorial appeals.
12. Prosecution of all Federal Crimes
ARTICLE V
LIMITATIONS OF GOVERNMENT POWER
A. GENERAL:
Government at all levels (federal, state, local)
are restricted in their legislative and enforcement powers to the
defense of the fundamental rights of all persons, as outline in the
Citizen Covenant. If this constitution fails to give explicit
permission for a proposed activity of government, it must be
considered prohibited. Government actions within those allowed by
this constitution shall be governed by the will of the majority
acting through the people's representatives at each level of
government. However, majority rule cannot be established by
majority rule--only by the initial unanimous consent of the
governed. In addition, rule by majority is only valid in cases
where the majority is acting to defend the fundamental rights of
man as agreed upon in the Citizen Compact, or where they act as a
voluntary association to provide mutual services and benefits on a
user fee basis to those subscribing to the service..
B. LIMITATIONS ON GOVERNMENT REGULATION OF
PERSONAL LIBERTY:
1. All Citizens and Residents are free to act in
any way they deem proper as long as they do not infringe upon the
fundamental rights of others, and as long as they abide by the
specific covenants made in the Citizen Compact. Therefore, the
following prohibitions upon government action are mentioned, but do
not preclude others that may be derived from the general statement
above.
a. No restrictions shall be placed upon the free
movement of any Citizen in good standing, within the Nation, either
for travel or to establish permanent residence, or to leave the
country with any or all assets owned, as long as the Citizen abides
by uniform regulations pertaining to the use of public property and
facilities pertaining to that travel or utilizes private facilities
or property by permission. No restrictions shall be placed upon the
free travel of Residents, except as pertaining to moving to another
State where a new residency permit must be obtained.
b. Government shall not inhibit a person from
taking risks, or engaging in voluntary conduct that may be
considered unsafe, as long as other's rights are not violated or
immanently threatened.
c. Government shall be prohibited from shielding
persons from or using general tax funds to remedy the consequences
of individual or group acts of incompetence, poor judgment, or acts
of natural causing destruction to personal property and
life.
d. No restrictions shall be placed upon any
person's freedom to associate or disassociate with any person, for
any reason except in the enforcement of private contracts or prior
agreements in the Citizen's Covenant.
e. Government shall make no law requiring
mandatory education for any person. This does not preclude any
government's right to train its own employees or set qualifications
and testing requirements for official service or Citizenship. But
(except for employee training at government expense) such
qualifications for Citizens or Residents shall only set forth or
test for the actual knowledge required, not the means by which one
may acquire that knowledge.
f. Slavery nor involuntary servitude shall not be
permitted except as a punishment for crime under conditions
government incarceration to pay restitution to a victim or costs of
prosecution, as provided by law.
g. No law shall be made requiring the
registration of, restriction of or interfering with any association
of persons desiring to promote or share common beliefs, as long as
such association is voluntary and the actions of its members do not
infringe upon or immanently threat the fundamental rights of
others. Government agencies or officials shall show no official
preference towards any group, though they may possess and manifest
personal preferences for a specific association when not acting in
an official capacity. This prohibition against preferential
treatment shall not be interpreted to mean that governments cannot
work with, or do business with any association of belief, as long
as other groups are free to compete for such contracts and meet the
uniform qualifications. Government Officials shall not be
restricted from making general references to a duty to God or a
belief in a Supreme Being, or praying publicly to God as long as
such pronouncements are stated as their own personal beliefs or
feelings and represent part of his or her leadership role to
constituents. Officials shall not, in an official capacity,
publicly disparage the beliefs of others, except those beliefs that
violate the fundamental rights of all men.
h. With the exception of the aforementioned
leadership role, government officials shall not use tax revenues to
promote or prohibit the promulgation of personal values except to
attack those which directly violate fundamental rights. All other
non-coercive values shall be free to compete for adherents in the
private domain without government interference or
funding.
I. Government shall not endorse any candidate for
election nor aid any candidates in their campaign activities.
Neither shall any person running for office be denied any access to
government information and services normally available to any
Citizen.
J. No law shall prohibit the freedom to speak or
publish, including electronically, on one's own or contractual
property. Speech and other communication of all types on public
property shall be governed by laws enacted by congress within the
constraints of the Constitution.
k. Having and expressing differing political and
legal opinions relative to this or any other system of governance,
and/or attempting to gain such political change by peaceful means
shall not be construed as treason or a crime.
2. GOVERMENT RESTRICTIONS RELATIVE TO FAMILY
LIBERTY:
a. Government shall have no authority to prohibit
the marriage of any man and women, only to register the date and
certification of witnesses to such marriage agreement for the
purpose of protecting the common property rights of each spouse,
and to ensure that parents of children are held liable for such
issue until such children reach the maximum age of dependency or
declare their independence, either by leaving the home voluntarily
or by disobedience to the will of the parents, not constituting
physical abuse.
b. No law shall be passed to interfere with,
regulate or restrict the judgment of parents relative to the
health, safety, education, and welfare of their dependent children
except when a child's life is in imminent danger from physical
abuse, or gross negligence which clearly threatens life Physical
discipline of children that does not cause permanent physical harm,
bleeding, or other than minor bruising shall not be deemed
abuse.
c. No child may be taken from a parent's custody
except for reasons of imminent threat to life or in the case of
non-life threatening physical abuse, where the standards of abuse
have been violated at least twice, as verified by the testimony of
the child, another eyewitness orby the evidence of physical
harm.
d. A child may voluntarily leave the custody of
parents at any time he or she wishes to declare his or her
independence. Such child must establish within a reasonable period,
determined by law, complete legal self-sufficiency under the
Citizen Compact or another dependency relationship with another
Citizen or institution. At such time, the parents are absolved of
any responsibility for the financial support and care of the child,
unless it can be shown beyond a reasonable doubt that the Child was
compelled to leave for reasons of verifiable physical abuse as
determined in b and c above.
e. No child shall be compelled to attend school,
receive compulsory vaccinations, or be prohibited from working,
when such does not imminently threaten the life of the child. In
addition, no child shall be incarcerated for moral or behavioral
conduct no violating nor constituting an imminent threat the rights
of others.
5. PROPERTY AND ECONOMIC RIGHTS:
a. The right to hold, control and dispose of
property, that has been lawfully gained with deception, or
agression shall be held inviolate. Eminent Domain takings with full
compensation are limited to the specific uses voluntarily agreed
upon by Citizens in the Citizen Compact.
b. No law shall be made prohibiting
homesteading on unowned land, anywhere within the
limits of the National Boundaries. Land can only remain in
government control that is either fully open to homesteading, or
that is purchased at fair market value by government for bona fide
government facilities or military reservations. National parks can
only be purchased by the government where such parks occupy the
area of more than one state, and in no case may the National
government purchase or own more than 10% of the land area of any
State. Such parks and facilities must be maintained by user fees
and donations only. Government ownership and control of
airspace above private land shall not extend any lower than 2000
feet from the surface. Government control of water rights shall not
extend to water that under average conditions stays contained on a
single piece of property or on property jointly owned by a
consortium of contiguous owners whose bylaws specifically address
the equitable sharing of water rights and uses.
c. Government shall be prohibited from
interfering in the economic choices and decisions of any person
except where fraud or misrepresentation are present,
or where when such trade would directly aid an enemy to this
Constitution. Competition for sales and services shall never be
deemed direct or harmful interference with fundamental rights so
long as coercion or malicious dumping are not
present
d. Government is specifically prohibited from
mandating, regulating or determining prices, wages, rates, worker
benefits, or working conditions, nor shall the government pay any
price supports, wage supports, or subsidies.
e. Government shall not grant any special
privileges or concessions to any person or company that restrict
other to compete in an equal manner. In geographic or physical
limitations exist making it unfeasible or impractical for multiple
competing operators, the government may sell and regulate a
concession for that portion only of the operation which does not
allow for multiple operators.
f. Government shall not deem private offerings
for service or products targeting the general public as
public actions, nor shall they attempt to regulate such
conduct as public conduct. .
G. Government shall not prohibit private
discrimination and choice for any reason.
H. No duties or tariffs shall be placed on the
importation or transportation of goods across Nation, State or
Local boundaries. Costs of inspection services shall be born by
general taxation through the governing body having jurisdiction and
the duty to inspect, as determined by law.
I. Government shall not engage in any economic
activity in competition with private entities unless the full
costs, including planning, administration, and financing are paid
for by the subscribers and direct beneficiaries of such
services.
J. Government shall not make or give any loans,
loan guarantees, gifts, grants of foreign aid to any individual or
government, foreign or domestic, unless such funds are called for
and gathered by voluntary contributions.
k. All government actions designed to take,
redistribute, or transfer wealth, or income from any individual to
another without the voluntary consent of the owner, whether by
taxation or other device, is prohibited.
l. Regulation or control of voluntary private
banking is prohibited except to prosecute for fraudulent,
non-voluntary practices.
m. No law shall prohibit or restrict the freedom
of individuals or companies from entering into voluntary contracts,
verbal or written. Government shall not set aside the consequences
of any lawful contract due to the failure of one or both
legally competent parties to exercise due caution, except when
fraud, misrepresentation or deception is present. Nor shall
government dictate the content of contracts, outside of general
provisions that make contracts legally enforceable.
n. The government shall not engage in mandatory
licensing for competency in any field of endeavor, or any other
protectionist measure that would inhibit the free judgment of
persons to select the full range of goods and services they desire,
other than prosecution for tort liability, fraud or criminal acts
as defined in law..
o. No person, private or public, shall be
quartered in any private home or building without the voluntary
permission of the owner except in actual cases of life or
death when no other reasonable alternative is available that
would preserve life. In all such cases, the owner shall not be
prosecuted for using force to defend against the unlawful entry.
Those responsible for the involuntary taking, whether permanent or
temporary shall only be exempt from prosecution if, in fact, it was
a true life or death situation; that no harm comes to the owner, or
other lawful occupant; and if the taking is abated as soon as
possible after any other reasonable alternative becomes available;
and that full compensation for all damages or economic loss is paid
to the owner promptly, as defined by law. The burden of proof for
all conflicts in this matter shall be upon those claiming life or
death necessity.
p. The right of Citizens and Residents to be
secure in their persons and property against invasion of privacy,
when on their own or contractual property, and when acting within
the law, shall not be abridged. The burden of proof shall be upon
the government.
q. The government may establish and print a
national currency based upon 100% redeemability in gold, silver, or
other durable and valuable commodity, so long as other private
money is free to compete and circulate freely.
r. Government shall not permit trade between its
citizens or residents and any specific enemies of this
Constitution. This prohibition shall not apply to trade with
individuals of an enemy nation where the money goes directly to the
trading partner, who is not an enemy of liberty, without passing
through an enemy government and where any equipment or technology
of military value will not be used to aid an enemy
nation.
s. Government shall not tax according to
inheritance, income, specific property value, gifts, services, or
transfer to any association of other taxpayers. Property taxes by
general classes are not prohibited as a means of paying for
national and state defense. Sales taxes shall only be allowed where
a specific user fee is required to pay for a government service
related directly to such sales and usage and where those government
services derived from the taxes pertain to all the payers of the
tax.. User fees cannot be used for any other purpose than that
specified in the collection.
ARTICLE VI
GENERAL PROVISIONS
A. CRIMINAL PROSECUTION AND RIGHTS OF THE VICTIM
AND THE ACCUSED
1. Only those actions which constitute a specific
violation of, or intent to violate some person's fundamental
rights, or treason shall be classed as a crime. No person shall be
involuntarily incarcerated either in prison , in a mental
institution, or other environment of restraint, for mental illness
or mental incapacity unless an actual crime has been committed
against others, or he or she represents an imminent and pernicious
threat of violence to another. The latter case, where the threat of
violence may be minor and only occasional, the courts shall
consider and give due regard to any offer of a Citizen or relative,
who is deemed capable and responsible by the court, to take charge
of such person.
2. Treason shall consist only in those actions or
preparations for action to levy war or violent attack upon this
nation, trading or selling goods or information of a nature both
sensitive and damaging to national security, or engaging in other
active measures to overthrow the government of this nation by force
and violence while protected in all the rights stated in the
Citizen Compact. No Person shall be convicted of treason except on
the testimony of one or more reliable witnesses in addition to some
corroborating physical evidence beyond a reasonable doubt.
Attempting to amend or change the Constitution shall not be
considered treason as long as such proposals do not attack the
fundamental rights agreed upon in the Citizen Contract. Any person
is free to attempt amendment of the Citizen Compact, as long as
such efforts are directed at gaining unanimous
agreement.
Person's guilty of crimes against any specific
person shall always be prosecuted to the full extent of the law
except when a jury rules that the law, in whole or in part, is
inappropriately applied to the particular circumstances of the
person or case, or when the victim requests in writing, and without
duress that the accused not be prosecuted. Plea bargaining
shall not be permitted with any person who shares primary or
principle responsibility for the crime. Only those persons who are
lessser accessories to a crime can exchange cooperative information
for a lesser sentence.
3. All persons accused of a crime shall be
treated under uniform rules of due process, which are. the
following established procedures necessary to prosecute charges of
misconduct with uniformity and fairness, and provide a uniform
process for determining the applicability of evidence, law or
penalty to the true circumstances of the case:
1 . The burden of proof shall be upon the accuser
and prosecution authorities. In both civil and criminal matters, no
person shall be convicted or deprived of liberty or property
without a conviction based upon reliable witness or provable facts
beyond a reasonable doubt under due process of law.
Only members of the judicial branche of National,
State or Local governments shall have the power to prosecute and
meet out penalties. The Legislative (excepting impeachment) and
Executive branches (with the exception of military courts of
justice) are specifically enjoined from this duty.
2 . No greater presumption of either innocence or
guilt is afforded the accused at any given time than the
presently available evidence allows. Preliminary judgments
on the reliability of witnesses and evidence shall be deemed to
have a proper bearing on the disposition of the accused before the
final trial, especially in determinations of pre-trial confinement,
and bail. However, no physical punishment shall be inflicted except
after conviction in a formal trial by jury.
Accused person shall not be held under arrest,
solely upon police cognizance, for more than 24 hours, nor shall
they be denied the opportunity to contact at least two persons to
assist in their defense or to be notified as to their location, at
the earliest opportunity after being taken into
custody.
In the determination of bail, the judge shall
consider any and all factors he considers relevant to the
protection of the public from physical danger, including past
offenses, the seriousness and violence of the crime, and the
testimony of reliable character witnesses. No person shall be held
without bail who has committed no crime of violence and who
has not been shown to be an imminent threat to others by threats of
violence, and where there is no concrete evidence to reasonably
doubt the probability that he or she will appear in court at the
appointed date. Bail shall not be set unreasonably high, nor shall
a person be denied the right to have another Citizen in good
standing assume liability for the appearance of the accused in
court, upon penalty of his Citizenship.
5 . All persons under arrest shall be brought
before a judge of the appropriate jurisdiction for a preliminary
hearing of the charges within 24 hours, and statements of all
parties, including the judge shall be recorded. Judges shall be
held strictly liable for remaining impartial as to the law, and
shall be charged to represent both the rights of the accused and
the standards of justice under law.
6. Violations of due process or impartiality
shall be attributed to the violating officials and shall be
prosecuted as a separate offense. Such errors in due process shall
not be used to dismiss or diminish the prosecution of the accused,
except where officials have tampered with, falsified, or
misrepresented evidence or coerced witnesses into giving false
testimony.
7. Knowing violations of truth or the knowing
withholding of relevant information when specifically queried about
such, by witnesses and evidence givers shall render them liable to
penalty of law and reparations when appropriate to the victim,
where economic harm, or false arrest is demonstrated..
8. All accused persons have the right to be
informed of the charges against them, both by the arresting
officer, and in the public hearing where they shall be free to make
an initial defense or explanation before an impartial judge. The
identity of witnesses, including government officers, who
constitute the charges shall not be denied to the accused.
Undercover informants shall be exempt from having their names
revealed only in cases of national security relating to treason, or
in cases of large scale criminal conspiracies, and where the
informants are continuing to serve undercover in that specific
capacity. In such cases, a panel of three judges with national
security clearance shall hear the testimony and conduct any cross
examination in concert with defense attorney's
questions.
9. The accused shall have a right to a speedy
trial. In preparation for such trial, the accused shall be granted
the means to compel witnesses, including government officials,
either in person or by deposition, to testify on relevant issues on
his/her behalf; to be represented in matters of law by any person
of his/her choice; and to cross examine the testimony of witnesses.
The accused shall have the right to demand that both matters of
facts and law be judged by either an impartial jury, or a judge.
Specialty cases of technical law shall be judged only by a judge or
jury trained in that area, or capable of understanding the issues
involved.
10. Person's arrested shall not be denied the
right of Habeas Corpus to be called forth from imprisonment at
reasonable times so as to ascertain the conditions of imprisonment,
and the status of charges and procedures pending. The burden of
proof shall always be upon the government to show cause for
continued detention.
11. No person, his personal property, or his
communications with other private parties may be searched or
intercepted, when acting within the law, except by a warrant from a
judge and based upon reliable evidence that the person is
engaged for time to time in criminal activity or that he or she is
actively preparing to engage in such activity. Government officials
shall only be liable for prosecution for an improper search without
a warrant when no conduct, evidence or evidence of imminent threat
to the rights of others is found. However Government officials
shall be liable for property damages relating to a warrantless
search.
12. No law shall be made making the mere
possession of any object or substance a crime that is unrelated to
a violation or imminent threat to violate the rights of others,
except as voluntarily agreed upon in the Citizen
Compact.
13. No confiscation of property can be made,
except to seize evidence temporarily to aid in the prosecution of
the crime. All evidence shall be returned to the proper owner after
trial proceedings are concluded, except those items proven to
constitute a continued threat to other's rights.
14. No person over seven (5) years of age shall
be exempt from testifying about his or her activities or knowledge
relating to a crime or civil infraction of the law except under the
following conditions:
a. Questions shall be strictly relevant to
activities relating to the infractions of law in question. Any
person can challenge the relevancy of a question put to them, and
the burden of proof for relevancy shall be upon the questioner.
Judgment shall be by an impartial judge presiding, whose decision
is final, but not immune from attack for misconduct in an official
capacity. No questions judged irrelevant shall compel an
answer.
b. Refusal to answer a question judged as
relevant shall only be punishable as being in contempt of court,
which maximum penalty shall not exceed one year imprisonment,
without requirement for hard labor . No child under 12 shall
be prosecuted for refusal to answer.
c. No child under 12 shall be required to give
testimony against their parents.
Persons compelled to testify, when not accused or
accessories to a crime, shall be allowed to testify by pre-trial
deposition and shall only be required to testify if
cross-examination is requested in court by either side. Witnesses
shall be compensated, including appropriate expenses, as provided
by law.
FEDERAL CRIMES: Only the following crimes shall
be considered Federal Crimes subject to original Federal
jurisdiction for prosecution and punishment: These offenses can be
prosecuted at the State and local level if federal officials refuse
to take jurisdiction upon complaint or arrest.
1. War Crimes committed by soldiers,
government officials. (Torture of civilians, captured soldiers,
killing of innocent civilians when life could have been preserved
without immediate danger to the soldier, killing of unarmed,
peaceful, military prisoners, waging indiscriminate destruction
upon non-combatants, whether by persons of this nation or other
nation)
2. Treason, and other crimes of violence
attempting to overthrow this government while acting to preserve
the fundamental rights of others.
3. Violations of any citizen rights by a Federal
judge or official of any agency of the Federal
Government.
4. Bribery, corruption, blackmail by any Federal
Government official.
5. Crimes committed by members of the Federal
military forces outside State boundaries.
CRIMES COMMITTED UNDER INSANITY AND MIND-ALTERING
DRUG
Torts committed upon others without malicious
intent due to non-drug related lack of mental competency shall be
the responsibility of the Citizen (if any) having charge of such
incompetent persons, or under the system of Victim Restitution.
Mental incompetents who are capable of working shall be required to
enter the VRF system to work off the amount of
compensation.
Crimes or torts committed under the influence of
mind-altering drugs or substances shall be treated under strict
criminal and tort liability rules.
No person shall be exempt from liability for the
commission of a crime by reason of insanity unless the person is
totally incapable of exercising some self-control under normal
circumstances. Evil propensity, compulsive behavior that involves
violent reactions to normal situations, nor raging anger shall not
be view as insanity, nor exemption from prosecution for crimes or
torts.
JURY SYSTEM: In all criminal cases, the
preliminary evidence shall be reviewed by a professional Grand Jury
which shall be the sole judge of whether or not there is sufficient
evidence to warrant prosecution. Grand Juries shall be independent
of the prosecution and shall have power to compel testimony by
government officials relevant to the case, as well as the accusing
witnesses to help them assess issues of impartiality, fairness and
reliability.
Trial by jury shall be the right of every
accused, unless waived. Otherwise the case shall be tried by a
judge or panel of judges having appropriate jurisdiction. This
determination may be changed up to seven days before the trial
date. Juries and Grand Juries shall be trained and certified for
competency to judge the law by standards set down by the Federal
Supreme Court. Certain classes of difficult law may be established
to require special training and competency for jury certification.
In all classes of jury certification, no Citizen in good standing
shall be denied the privilege of application for service and taking
the examination. Certification standards may control only the test
questions and the actual knowledge requirements, not the process by
which a Citizen acquires that knowledge. Certified jurors shall be
selected by random choice and no challenge shall be made to any
jurors service except evidence of bias as described herein.
Professional jury service shall be voluntary and paid for at a
uniform wage, including appropriate expenses.
No trial shall be moved to another district
except for evidence of a clear and present general danger to the
life and safety of judge and jury by known persons or groups that
cannot be controlled by normal law enforcement efforts. No trial
shall be considered invalid for prejudice by reason of the judge or
members of the jury having or expressing preliminary opinions about
the guilt or innocence of the accused, or having foreknowledge of
either facts or rumors about the case. Only actions and words that
give clear indications that a juror or judge intends to rule a
certain way in disregard for the facts, or in clear and knowing
disregard of reliable evidence, shall be considered extreme
prejudice. Mistrials based upon prejudice by officers or juries of
the court shall be remanded for retrial only if the
disqualification of the prejudiced officer or juror would have made
a difference in the outcome.
RULES OF EVIDENCE:
A judge shall not prohibit the introduction and
fair hearing of any relevant witness or evidence, nor testimony
indicative of past criminal activity that may establish a
propensity to criminal behavior. No judge shall allow excessive
intimidation of witnesses that goes beyond reasonable probing for
weaknesses and contradictions under oath. No witness shall be
restricted to a simple Yes or No answer to a question under
oath.
Hearsay evidence, shall be permitted as long as
the person so witnessing was an eye witnesses to what was said by
the person being quoted, and can name or describe accurately the
circumstances of the encounter, and where the actual author of the
statement is either dead or cannot be located for
testimony.
RULES FOR CONVICTION OF VIOLENT CRIMES: No person
shall be convicted of a violent crime, as defined in law,
except by the vote of two (2) out of three (3) in a panel of
judges, or in case of a jury trial, nine (9) out of twelve (12)
jurors. For the accused to be declared completely acquitted of the
charges, two out of three judges must so rule, or nine out of
twelve members of a jury. When the panel of judges or the jury
fails to rule for either conviction or acquittal, the accused shall
be release without bail or further restrictions, and can only be
brought to trial again when new and sufficient evidence is brought
before a Grand Jury and the majority of that jury agrees to
reinstate the prosecution. The defense may also appeal to the Grand
Jury on the same basis for reinstatement of proceedings before a
panel of judges or jury in order to secure an acquittal. Once
acquitted, no person shall be tried again for the same crime,
either on a criminal or civil basis.
FAILURE TO PAY TAXES: No penalty shall be applied
for the failure to pay taxes on time except temporary loss of
Citizenship or Residency. Persons desiring to avoid this penalty
may either make their own financial arrangements for repayment
within 60 days of delinquency or elect to accept voluntary entrance
into one of two back payment solutions:
1. Arranging for an automatic deduction of
monthly income from employer or bank account equal to back taxes
owed for the delinquent year in addition to current year taxes
spread out over a period not to exceed two years.
2. Apply for acceptance either part time or full
time into one of the various alternate government work programs
where a minimum of one-third of each monthly wage shall accrued to
taxes due until paid. Such program options shall include military
service, government maintenance and construction work, government
manufacturing cooperatives and government administrative jobs. A
certain number of positions in these areas shall be reserved for
delinquent tax payers. Certain qualifications shall apply to each
different job type.
Non compliance with the first shall require
entrance into the second program. Non compliance with either
program during one year of delinquency shall result in expulsion
from the country and loss of Citizenship and all privileges of
Citizenship including titled ownership of property. The property
wil be sold for back taxes, with any residue returned to the owner.
Congress may elect to increase these options but may not decrease
them or limit access except for reasons of criminal or treasonous
behavior. Congress shall also determine the conditions for
exemption or partial exemption from taxes due to old age or health
disability, in combination with lack of ability to pay with
accumulated assets.
RESTITUTION FOR VICTIMS: In order to avoid
unnecessary and dangerous contact between victim and the
perpetrator of a crime, the government shall be authorized to
establish a Victim Restitution Fund. The House shall determine the
amounts to be paid to victims of crime, and set the standards for
qualification of restitution. No law shall prohibit a victim from
making his/her own private arrangements for restitution. Lacking
this, criminals shall be imprisoned under working conditions
providing services or products for a profit. Such profits shall be
used to reimburse the Victim Restitution Fund. Such fund shall be
operated by limiting disbursements so that no deficit is allowed
after the first year of operation.
Sentences for crimes and torts shall state both
the minimum time of incarceration based upon the seriousness of the
crime, and the amount of restitution liability owed to the VRF. The
prisoner shall serve both terms simultaneously until complete.
However, after the minimum sentence for the crime is served, the
criminal, when deemed of good behavior, shall be eligible for
consideration to work in either minimum security facilities of the
VRF outside prison or in total liberty under parole conditions,
which shall include the continuation of minimum monthly payments to
the VRF until paid. Parole shall not end until the VRF is
completely repaid. Any criminal behavior occurring during parole
working conditions shall demand reincarceration without chance of
parole, with the addition of new punishments.
CRIMINAL PUNISHMENTS:
The effectiveness and applicability of criminal
punishments shall be determined by the appropriate legislative
jurisdiction, except for those punishments specifically designated
herein. The primary criteria legislative authority shall use in the
determination of punishments is that first, they must be
appropriate to the seriousness of the crime, and second, they must
have sufficient deterrent affect to make violations of the law
relatively uncommon. Where excessive criminality arises, the
legislature shall increase the level of punishment and restitution
until a proper deterrence is established. The government shall
enact no law nor assume any legal responsibility to rehabilitate
criminals by any other means than requiring punishment and
restitution, except as provided by voluntary efforts and agreed
upon by prison authorities.
Cruel and unusual punishments shall not be
permitted, nor any act of torture. Hard labor, whipping of
the back which does not break the skin, austere living conditions
that do not threaten life or minimum levels of good health,
solitary confinement for misbehavior and privation of normal
comforts not injurious to health, shall not be considered cruel and
unusual punishments. Additionally, being forced to work to pay back
restitution, and the death penalty (by any means the produces death
quickly) shall not be considered cruel and unusual
punishments.
All prisoners shall be required to work to repay
the government for restitution costs paid to their victims from the
Victim Restoration Fund, or for costs of incarceration. Payment for
costs of incarceration shall not lengthen the sentence for the
particular crime proscribed by law.
Willful and illegal entrance into the Nation
shall be punished according to penalties established by Congress or
any state, which punishment shall be increased in severity for
multiple violations. Illegal aliens shall be forced to pay for the
cost of repatriation through direct fines or prison work if unable
to pay, as established by law.
Non violent criminals may be provided the
opportunity to work outside of prison if such work can be shown to
quicken the restitution process, so long as such liberty does not
endanger the property of others and the person convicted adheres
without fail to his schedule of payments and other conditions of
provisional liberty, as provided by law.
Prisoners guilty of the death penalty may have
the death penalty commuted to life imprisonment under forced
labor/working conditions, if the victim, ot the presiding
family heir to the victim, consent; and so long as the prisoner
continues to meet the conditions of work under good conduct, as
provided by law. The death penalty shall be promptly invoked if the
prisoner attempts escape or commits any serious crime of
violence while in custody.
MANDATORY CAPITAL PUNISHMENTS:
The following shall be capital crimes by nature
of the criminal's violent disregard for human compassion and/or
chronic lack of control leading to repetitious criminal behavior.
(All death penalties listed can only be commuted to life-working
imprisonment, by the consent of all victims or their primary heir
as provide herein.)
1. Unjustified Murder in the first
degree
2.. Aggravated torture, or extreme
violence to another without justifiable provocation,
which is life threatening.
3.. Murder in the Second degree the second
conviction
4. Rape of a person over 12 years of age
the third conviction
5. Rape of a child under 12 the second
conviction
6. Treason which causes the death of
another person or persons.
7. Sexual abuse of a non-consenting
minor the third conviction
8. War Crimes conviction of any leaders
(political and military) of any nation.
9. Aggravated theft with a deadly weapon
the third conviction
(Note: We may also want to consider a point
system, whereby each crime is given a number of points related to
its severity and then the death penalty take place after a certain
high number is reached. This way, virtually all chronic offenders
of the law are eventually eliminated from society).
ABORTION: For legal purposes, a human fetus shall
be considered the involuntary product of a voluntary act between
the mother and father. Therefore, neither Mother nor Father shall
have any right to abrogate their responsibility or liability for
the safe treatment and support of the fetus, except when the act
leading to conception was involuntary by rape or incest.
LIMITS UPON INDIVIDUAL SELF-DEFENSE:
The right of Citizens in good standing to bear
arms shall not be infringed or limited, except as specifically
agreed upon in the Citizen Compact. Citizens may defend themselves
by appropriate force when no immediate recourse is available to a
law enforcement officer with sufficient power to stop the
aggression, under the following conditions.
1. Any physical threat to the life of the victim
can be met with deadly force.
2. In any death of an aggressor, the burden of
proof for deadly force must be upon the state, not the
defendent.
3. Use of deadly force by a victim or a witness
to a violent crime shall also be allowed when the victim or witness
is a first hand witness to the crime, and the criminal has refused
to halt or submit to a citizen arrest after two loud verbal
warnings.
4. Both the attacker and the defensive individual
shall be liable for damages to persons or property when using
deadly force in pursuit of an attacker--with the predominance of
blame always being born by the initiator of the
aggression.
5. If an aggressor stops his flight or ceases,
desists or yields to citizen arrest, the individual is prohibited
from doing anything but turning him/her over to the authorities.
(this is a safety factor to put the criminal under the defense of
the state judicial process--if he flees, he has no such
protection--and there is an added penalty if he yields after
initially fleeing--which should not be too harsh. Let it deter
fleeing, but not deter repenting of flight).
(There is a difficulty in "knowing guilt" and
proving it in Law. Citizen should be able to execute punishment
based upon his personal knowledge of the crime, as long was a
violent threat to him or his property is imminent, or meets the
"double warning upon flight" test. )
TRESPASS: Trespass on private or government
property shall not be prosecuted when such trespass is accidental,
does not repeatedly occur, and when no harm can be proved. For
trespass to be prosecuted, the property must be fenced and posted
"no trespassing" at reasonable intervals as established by law, or,
in the presence of a witness, the person or persons must have been
previously warned and the boundaries clearly identified.
NUISANCE: For prosecutable substance nuisance
relating to property trespass or harm, Congress shall establish
appropriate levels of substance pollution, correlated with time
exposure, or other relevant and scientifically verifiable
standards.
INNOCENT PARTY POSSESSION OF STOLEN GOODS:
Current law exempts possessors of negotiable instruments (stolen
but not by them) to keep them, also pawn brokers. This should not
be allowed--but must think up a fair solution to all or a fair
preventative solution--theft register etc.
INCITE TO A CRIME or RIOT (INCLUDING
MASTERMINDING): should be distinguishable from other free speech.
and can be safeguard from government tyranny by linking it to the
defense of fundamental rights.
MILITARY POWERS AND RESTRICTIONS:
The military forces of this nation shall only be
used to defend against real and imminent threats to the sovereignty
and fundamental rights of this nation. They shall not be used for
any domestic purpose except large scale internal revolt against
lawful authority or public and private property rights such that
local and state police agencies are unable to control the
situation, after being fully engaged. Except in case of domestic
Civil War, National military forces, when made available to assist
in a local or State crisis, they shall be under the overall control
of the Governor of the State in which they are
operating.
The Federal military forces of this nation shall
be composed of both professional full-time units and reserve units
at the Federal level. State Governments are also authorized to
create their own reserve police units in preparation for large
scale social unrest. Such State forces shall not be brought under
the Federal military service with out the consent of the State
Legislature. All male Citizens 18 years and older shall, in
accordance with the Citizen compact, be required to take military
training for a maximum of six months, before the age of 30 and then
to serve either 31/2 years in full-time, paid Federal military
service or to serve 71/2 years on Federal reserve status. In either
case all male Citizens agree to serve two years military service if
called upon by random lottery to defend the country under
Constitutional declaration of War. Male Residents are required in
war time only to serve two years in non-combat positions, though
they may volunteer for combat duty, if they so desire.
The President shall have the authority to
mobilize and deploy full-time military forces up to seven (7) days
without Congressional approval, in defense of national security.
The Congress may overrule the President's mobilization any time
within the 7 days by a two thirds majority of the House and Senate.
No further action after seven days is authorized unless a
declaration of war is authorized by a 2/3 majority of
Congress.
The Military, under the advise and consent of the
Supreme Court shall establish rules and procedures to establish a
Uniform Code of Military Justice. In peace the UCMJ shall include
all of the standard protections of due process. War time provisions
and emergency procedures for discipline of troops in combat
conditions shall only be employed while under actual combat
conditions or under imminent threat of combat.
There is no provision made herein for the
suspension of these Constitutional protections under conditions of
emergency or Martial Law, except that government officials and
judges will not be held liable for failure to execute the full
provisions of the law when a crisis of emergency reaches such
proportions that they do not have the manpower, or conditions of
personal safety to reasonably deal with the situation. They are
responsible to do only that which is within their reasonable and
available powers.
CONDITIONS OF PARDONS:
The President or the Governors of the several
States shall not exercise their power of pardon except under rare
circumstances and under the following guidelines:
1. the pardon must publicly declare the specific
reasons justifying the pardon.
2. Such reasons and justifications must address
all of the following points, fully explained:
a. That the particular application of the law to
the case was unjust, or inappropriate.
b. That there were extenuating circumstances
which in large measure justified the violation of law or rights of
the victim.
c. That a hardship is imposed upon others
dependent upon the candidate for pardon that exceeds the hardship
on the victim.
d. That the person pardoned not be released from
the restitution portion of the sentence when material damage and/or
serious harm was done to the victim, unless the restitution awarded
is deemed grossly out of proportion to the circumstances, or that
the victim should bear a significant portion of the blame due to
his own involvement in the incident.
NEW STATES: New States may only be admitted by
Congress. A new state may be formed from non-incorporated
territories of the nation or by dividing or joining parts of other
states by the voluntary consent of the citizens directly involved.
Such arrangements must have the consent of the Senate to be lawful,
or the consent of all State Legislatures involved in the boundary
change. In creating new states, the National Government shall not
reserve any land for occupation and use for itself except by
voluntary purchase from the new State. All such-purchases must he
approved by the State legislature, and shall be limited to land for
essential government services. In no case shall the Federal
Government own more than 10% of any state land area.
IMPEACHMENT PROCEDURES: The National Executive
and all other Civil officers of the Federal Government» or Judges
of the Federal Courts may be removed by impeachment proceedings on
conviction of treason, bribery, criminal behavior, or corruption of
office for personal gain or for the pecuniary gain of associates.
Authority to initiate impeachment proceedings shall be with the
Senate.
The Chief Justice of the Supreme Court shall
preside over the Senate when impeachment proceedings are against
the National Executive or his Vice Presidents. The Senior Justice
of the Federal Appeals court shall preside over the impeachment
proceedings of the Senate in case of impeachment of .a Supreme
Court Justice. Penalties for conviction in an impeachment
proceeding shall extend no further than removal from office and a
prohibition from holding further public office. Nevertheless,
impeachment does not exempt the accused from other indictments and
judgments according to criminal or civil law.
FULL FAITH AND CREDIT PROVISIONS: The Full faith
and credit for the official and constitutional acts of government
shall be guaranteed by each level of government.
NON IMMUNITY OF GOVERNMENT OFFICIALS FOR WRONGFUL
ACTS: Officials shall be liable for civil and other penalties for
breach of the public trust, for violating the fundamental rights of
citizens, and for common crimes and misdemeanors. They may only
gain temporary release from arrest when critical conditions exist
in connection with their government work that requires their
physical presence. Otherwise they must conduct affairs by telephone
or by use of subordinates, while under arrest. Normal bail
procedures shall apply, except that no public funds may be used for
bail.
PRIVILEGES OF CITIZENS: The citizens of each
state shall be entitled to all the privileges of their national
citizenship while living or traveling in the various States.
However, they shall not have free access to out of State services
and privileges without paying the appropriate user fee. RESIDENTS
of specific states shall also have the right of free travel, but
shall not have the right of residency except by permission of the
new state they wish to reside in. Each State can set its own
standards for residency, with the exception that no natural born
child of a resident citizen can be denied residency as long as he
or she is willing to pay the appropriate general taxes.
PRIVILEGES OF FOREIGN VISITORS: Foreign persons
legally visiting this nation shall be according all the protections
and access to judicial justice that RESIDENTS enjoy, when acting
within the law, with the provision that they must agree to pay a
user fee for court costs in any action brought by themselves.
Victims of crime shall not be required to pay any fees.
DIPLOMATIC IMMUNITY: Diplomatic limited immunity
shall only be allowed for Ambassodors and two deputy Ambassadors of
a foreign country. Limited liability shall mean that no foreign
government officials shall have any immunity from violent crimes or
torts resulting in the death of any person in this nation. A
diplomat's government may secure their immediate release, pending
trial, for all torts and non-violent crimes if a surety bond is
posted at least equal to a reasonable estimate of damages expected.
Diplomatic personnel shall not be subject to prolonged detainment
for traffic violations or accidents as long as written proof of
identification has been provided an officer of the law, and the
accident is not due to driving under the influence of a mind
altering substance, including alcohol. In all cases of misconduct
of foreign diplomatic personnel, the Foreign Government having
jurisdiction over the diplomat shall be held strictly liable for
the conduct of personnel under their authority. Foreign government
parcels and papers shall not be immune from border inspection and
review, though there shall be no requirement to make any
declaration as to the existence of government papers or
information.
FALSE RIGHTS: No claim of "right" can be valid
that requires the involuntary labor, support, or the use or control
of property and assets belonging to another. Direct benefits
shall not be construed as fundamental right, no matter how
desperate the need. No foreign person, Citizen, or Resident shall
therefore have any lawful right or claim to any personal benefit or
largess from the general tax revenues provided by all Citizens and
Residents, except by unanimous consent.. Direct benefits for
specific persons or groups, without the unanimous consent of the
government, may only be collected and distributed by voluntary
means.
ANIMAL RIGHTS: Animals shall not be accorded any
status of rights on par with human beings. They may be protected
from inappropriate harm and suffering as provided by law, so long
as such law does not infringe upon the fundamental rights of
Citizens and Residents.
ENVIRONMENTAL RIGHTS: The earth's environment may
only be protected by voluntary efforts of persons or governments,
except when verifiable direct, substantial, measurable and
permanent harm can be demonstrated to the fundamental rights of men
and property.
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