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 victim.
3. Use of deadly force by a victim or a witness to a vilent crime
shall also be allowed when the victim or witness has was a first hand
witness of 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 damage 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 and desists and 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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