Constitution
of
for
the 21st Century and Beyond
Preamble
We the people of the United
States, in order to perpetuate a more perfect Union, maintain justice, ensure
domestic tranquility, provide for the common defense, and promote prosperity do
ordain and establish this Constitution for the United States of America,
hereafter herein referred to as America.
Article I
Section 1 All
legislative power herein granted shall be vested in a Council of America.
Section 2 (1) The
Council shall be composed of members chosen for two year terms during even
numbered years by the Voters of the
several states, the Native Nations (i.e.,
the collective populations of the recognized
and registered Indian Tribes and Reservations) and the Seat of Government,
hereafter herein referred to as the Federal Electoral Locales, or Electoral Locales.
(2) Any citizen may be a
Councilor who has been a citizen of
(3) Councilors shall be
apportioned among the Federal Electoral Locales according to their respective
numbers of citizens and legal resident inhabitants therein. The number of Councilors shall be one for
every approximate (within 20% to round up) 500,000 citizens and legal resident
inhabitants, with each Electoral Locale having at least one Councilor.
Actual enumeration shall
continue to be performed every ten years, in those years ending with the digit
zero. Until the first census following
the adoption of this Constitution, Councilors shall be apportioned among the
Electoral Locales based upon the numbers of the previous census. Properties and Possessions of America which
do not qualify as Electoral Locales shall be granted apportioned representation
with non-voting delegates to the Council of America.
(4) Council districts shall
be determined by the legislative bodies of each Electoral Locale and with the
exception of the Native Nations, shall be drawn in a way that is as
geographically contiguous and compact as possible, to encompass a population of
citizens and legal resident inhabitants, as near as possible to 500,000, which
shall be the only factor considered, so that these Districts shall be, as much
as is reasonably possible, determined by lesser
geographical divisions of regions, counties, parishes, cities, towns,
communities, neighborhoods, etc.
(5) No Councilor shall be elected exceeding
five times consecutively and shall not aspire to other elected or politically
appointed Federal office, excepting being chosen by a Presidential candidate to
be his or her Vice-Presidential running mate or by a President to fill a
vacancy in the office of Vice-President or to serve in the Presidential Cabinet
or in the Federal Judiciary, all subject to advice and consent by and of the
Board of Governors.
(6) When vacancies occur in the
representation of any Electoral Locale, the executive authority thereof shall
issue writs of election to fill such vacancies.
(7) The Council shall, during their first day
of assemblage choose their Moderator, Deputy Moderator and Security Chief. Terms for these offices shall run
concurrently with the two year term of that sitting Council. Any vacancy in any of these offices shall as
immediately as possible be filled by a vote of the Council, not to exceed seven
calendar days.
(8)
The Council shall have the sole
power of impeachment, excepting in cases concerning a member of the Board of
Governors, which shall be determined by the applicable laws of that Governor's
Electoral Locale. The Council may,
however make recommendation for impeachment to that Board Governor's Electoral
Locale's appropriate and applicable authority.
Section 3 (1) The
Board of Governors shall be comprised of the Executive Authority of each of the
Federal Electoral Locales and the Properties and Possessions of America. The Executive Authority of each Property or
Possession shall have input, but no vote in any proceeding of the Board.
(2) The Vice-President of
(3) The Board of Governors shall choose, from among their members, their
other officers, to including a Vice-Chair to serve as Chair in the absence of
the Vice President, or when he or she shall exercise the office of President of
America and an Executive Secretary, who shall take roll at and keep minutes of
each meeting of the Board and act as liaison and mediator between the members
and between the Board and other governmental entities.
(4) The Board of Governors
shall have the sole power to try all impeachments, excepting in cases
concerning their own members. When
sitting for that purpose, they shall be on oath or affirmation. When the President or Vice President of
(5) Judgment in cases of
impeachment shall not extend further than to removal from office, and
disqualification to hold and enjoy any office of honor, trust, or profit under
the United States; but the party convicted shall nevertheless be liable and/or
responsible and subject to indictment, criminal prosecution, and/or civil proceedings; trial,
judgment and punishment, according to law.
Any elected or politically appointed official or officer found civilly
liable shall make proscribed restitution to his or her victim(s) and shall have
all remaining personal property and possessions confiscated for the benefit of
America. Upon criminal conviction, he or
she shall also concurrently be convicted of Breach of the Public Trust, and
shall be made to make all possible restitution to his or her victim(s), have
all remaining personal property and possessions confiscated for the benefit of
America and be exiled for life to The Rat Islands of Alaska.
Section 4 (1) The
places and manner of holding elections for the Council and Board of Governors
shall be prescribed in each Federal Electoral Locale, American Property and
Possession by the Legislature thereof, excepting that all Electorate votes
shall be marked upon a physical form ballot to be manually tabulated and no
polling place shall be located in or at any establishment of religion. The time for holding such elections shall be
set as the seven day week, concluding on the day of the Summer Solstice,
beginning at six a.m. local time on the first day of the period and ending at
eight p.m. Eastern Time, the day of the Solstice. If no candidate for a Council seat receives a
majority of all votes cast, a run-off election between the top three vote recipients
shall be held the first seven days of July, beginning at six a.m. local time on
July 1st and ending at eight p.m. Eastern Time on July 7th. If none of those three receive a majority of
the votes cast, there shall be a run-off election between the top two vote
recipients, to be held the last seven days of July, during the times as set
above.
(2) The Council shall assemble at the
Seat of Government at least once in every year, and such meeting shall begin at
noon on the day of the Autumnal Equinox, unless they shall by constitutional
amendment appoint a different day and/or time.
(3) The Board of Governors shall
convene at any time at the direction of the President in order to fulfill its
advice and consent role as stipulated herein this Constitution. The Board shall assemble at any time as
directed by the Council in order to try a case of impeachment.
Section 5 (1) Each
body shall be the judge of the elections, returns and qualifications of its own
members and a majority of each shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be authorized to compel the
attendance of absent members, in such manner, and under such penalties as each
Body may provide.
(2) Each Body may determine the rules of its proceedings, excepting
that each member of either Body shall be fully familiar with all aspects of any
measure on which he or she is to vote, punish its members for disorderly
behavior, and with the concurrence of three fourths or more of the Body's total
membership, expel a member.
(3) Each
Body shall keep a journal of its proceedings, and in a timely fashion, publish
the same, excepting such parts as may, in their judgment, require secrecy, due
to matters of national security or societal tranquility. The yeas, nays, abstentions and absences of
the members of either Body on any question or matter shall be entered on the journal.
(4) Neither Body, during a session of the Council or a convention
of the Board shall adjourn for more than three days, nor to any other place
than that in which the two Bodies shall be sitting, excepting cases of dire
danger due to attack, invasion, insurrection, or natural disaster.
Section 6 (1) Councilors
shall receive a monetary compensation for their services, to be ascertained by
law and paid out of the Treasury of America.
This compensation shall have as its initial base, at the time of the
adoption of this Constitution, one US dollar ($1.00) for every citizen and
legal resident inhabitant of his or her Electoral Locale. Councilors may be provided supplemental
compensation from the applicable public coffers of his or her District and/or Electoral
Locale, if deemed appropriate by the legislative authorities therein.
Councilors shall receive a
housing stipend to cover the costs of maintaining a residence, including
necessary utilities, that is within reasonable commuting distance by ordinary
means of travel to and from the Seat of Government, unless that Councilor already
resides within reasonable commuting distance by ordinary means of travel to and
from the Seat of Government. Such
stipend shall not exceed the median cost of housing in the metropolitan
statistical area of the Seat of Government.
A Councilor's ordinary travel
expenses for necessary travel for him or her and his or her necessary staff on
official governmental business and for him or her and his or her family between
the Seat of Government and the Councilor's home District during extended
Council recesses shall be paid from the Treasury of America.
Councilors shall receive an
annual pension following his or her service as Councilor, in the amount of ten
per cent (10%) for each term served, based on his or her average annual base compensation
as Councilor and shall be extended to the Councilor's spouse and/or minor
children following the death of the Councilor.
Council officers shall
receive additional monetary compensation, not to exceed ten per cent (10%) of
Councilors' average annual compensation.
Councilors may employ an
administrative staff to perform communicative and clerical functions necessary
to the day to day operations of the Councilor's offices at the Seat of
Government and in his or her Council District. These positions shall include an Executive
Secretary with subordinate secretaries/ administrative assistants and
receptionists; a Bookkeeper; a Press Secretary; and a Data Management Director
with subordinate clerks. These employees
shall be monetarily and beneficially compensated for their services in an
amount commensurate with like private sector employees' pay and benefits in the
geographical area of their employment.
Councilors shall act as their
own Chief of Staff and with input from his or her Constituency perform all
duties of legislation conception and creation and legislative decision
making.
(2) Board of Governors members are primarily
employed and compensated by their Electoral Locales, but shall receive an
additional monetary compensation, to be paid out of the Treasury of America,
for their services rendered performing the Board's advise and consent function or
while trying a case of impeachment. This
compensation shall be in the form of a pro rated, per diem payment commensurate
with that of the average pay of (a) Councilor(s) from his or her Electoral
Locale.
Necessary travel or other
expenses incurred while executing the Board members' Constitutionally
stipulated duties shall be paid out of the Treasury of America.
A Board member may employ
administrative staffers to perform communicative and clerical functions
necessary to the execution of duties of the office of Board of Governors
member.
Each administrative staffer
shall receive a monetary and beneficial compensation to be paid out of the
Treasury of America, that is commensurate with the pay and benefits of a like
employee in the private sector in that staffer's geographical location of
employ.
(3)
No Councilor or Board Governor shall during the time for which he or she
was elected, be appointed to any civil office under the authority of the United
Sates, which shall have been created, or the emoluments whereof shall have been
increased during such time; and no person holding any office under the United
States shall be a member of either Body during his or her continuance in
office.
Section 7 Councilors
and Board Governors shall in all cases, except treason, felony or breach of the
peace, be privileged from arrest during their attendance at the session of
their respective Bodies, and in going to and returning from the same; and for
any speech or debate in any place, they shall not be questioned.
Section 8 (1) All
bills shall be put before the Council by the authoring Councilor and any number
of sponsoring and co-sponsoring Councilors to be considered by a committee of
the whole, and every Councilor shall be fully familiar with every bill on which
he or she votes.
(2)[a] The annual budget bill shall be the first and primary
legislative action of the Council upon its assemblage each September. The budget shall be for the fiscal year
beginning on the subsequent January 1st.
Every Councilor shall put forth a detailed budget of projected Federal
revenues from and Federal expenditures to his or her District and an accounting
of Federal expenditures outside the geographical jurisdiction of his or her
District deemed necessary by him or her to promote the peace and prosperity of
his or her District and the Republic as a whole.
[b] These budgets shall be compared and compiled with each of the
others and the budget of the President to be comprised into the annual budget
bill of Federal receipts and expenditures, in which expenditures do not exceed
revenues to and net assets in the Treasury of America.
(3)[a] Every
bill that shall have been passed by the Council shall be presented to the
President of America. If he or she
approves, the bill shall be signed by him or her and it shall become law.
[b] If the President does not approve, in whole or part, he or she
shall return it, with his or her objection(s) to the Council, who shall enter
the objection(s) in their journal and proceed to reconsider it in whole or in
part.
[c]{i} If, by majority vote, the Council passes the bill sustaining
the President's objection(s), it shall be presented to the President for his or
her signatory approval. It shall then
become law.
{ii} If, after reconsideration, two-thirds of the Council shall
agree to pass the bill, as written, overruling the objection(s) of the
President, the bill shall become law.
[d] In all such cases, the votes of the Council shall be determined
by yeas, nays, abstentions and absences and the names and votes of the
Councilors shall be entered on the journal of the Council.
(4) Every order, resolution and vote to which the approval of the
Council is necessary (except on a question of adjournment of the Council) shall
be presented to the President of America.
Before such shall take effect, it shall be approved by him or her, or
being disapproved, in whole or in part, shall be re-passed by two-thirds of the
Council according to the rules and limitations prescribed in the case of a
bill.
Section 9 The
Council shall have authority to:
(1) Lay and collect taxes, imposts, and excises, in accordance with
The Fair Tax Act. All duties, imposts
and excises shall be uniform throughout
(2) Pay the debts and provide for the common security and overall
prosperity of
(3) Borrow money on the credit of
(4) Regulate Commerce with foreign nations, among the Electoral
Locales, and with the Native Nations, to such degree as necessary to protect
the public safety, and prevent and prosecute force and/or fraud;
(5) Establish a uniform rule of immigration and naturalization, which
shall inclusively require the immigrant petitioner for citizenship to
(a) Have ways and means of fiscal responsibility for him- or
herself, independent of government, excepting governmental employ;
(b) Communicate by means of the English language and/or American
Sign Language;
(c) Have no chronic, communicable disease;
(d) Commit no breach of the Laws of America while a petitioner for
citizenship;
(e) Swear or affirm allegiance and fidelity to
(6) Coin and print money, based upon intrinsic value of some
possessed resource or resources; regulate the value thereof, and of foreign
coin and currency, affix the standards of weights and measures, establish
uniform laws in the subject of bankruptcies throughout America; and provide for
the punishment of counterfeiting the securities and current coin and currency
of America;
(7) Provide for the punishment of capital and other high and
heinous crimes, as well as habitual criminality as exile to the Rat Islands of
Alaska
(8) Establish and maintain roads, waterways, rail lines and air
routes for the transport of persons and products, in conjunction with the
Electoral Locales, lesser jurisdictions and the private sector;
(9) Promote the progress of science and useful arts, by securing
for limited times to authors, artists, creators and inventors the exclusive
right to their respective writings, discoveries, creations and works of art;
(10)
Constitute tribunals inferior to the Supreme Court;
(11)
Define and punish piracies and felonies committed on the high seas and in
international airspace, and offenses against the laws of nations;
(12)
Declare war, grant letters of marque and reprisal, and make rules
concerning captures on land and water and in the air;
(13)
Raise and support, provide and maintain a military, but no appropriation of
money to that use shall be for a longer term than two years;
(14)
Make rules for the government and regulation of the armed forces;
(15)
Provide for calling forth the National Guard and/or the militia to execute
the laws of the Republic, suppress insurrections and repel invasions;
(16) Provide for organizing,
arming, and disciplining the National Guard and militia, and for governing such
part of them as may be employed in the service of America, reserving to the
Electoral Locales, respectively, the appointment of officers and the authority
of training the National Guard and militia, according to the discipline
prescribed by the Council;
(17)
Exercise legislation in all cases whatsoever, over such district as may, by
cession of particular Electoral Locales, and the acceptance of the Council,
become the Seat of Government of America, and to exercise like authority over
all places purchased by the consent of the Legislature(s) of the Electoral
Locale(s) in which the same shall be for the establishment of military bases
and facilities and other needful buildings; -And
(18)
Make all laws which may be necessary and proper for carrying into execution
the forgoing powers and all other powers vested by this Constitution in the
Government of America, or in any department or officer thereof.
Section 10 (1) The privilege of the writ of habeas corpus shall not
be suspended, unless when in cases of rebellion, or invasion, or as the public
safety may require it.
(2) No bill of attainder or
ex post facto law shall be passed.
(3) No capitation or other
direct tax shall be laid, unless in proportion to the census and shall be uniform
throughout
(4) No tax or duty shall be
laid on articles exported from any Electoral Locale.
(5) No preference shall be
given by any regulation of commerce or revenue to the ports and terminals of
one Electoral Locale over those of another; nor shall any vessels or conveyances
bound to, or from one Locale, be obliged to enter, clear, or pay duties in
another.
(6) No money shall be drawn
from the Treasury, but in consequence of appropriations made by law; and a
regular statement and accounting of the receipts and expenditures of all public
money shall be published from time to time, attesting that expenditures do not
exceed receipts to and net assets in the Treasury, except in times of war,
insurrection or similar catastrophe, for which that deficit shall be
replenished in a timely manner.
(7) No title of nobility
shall be granted by
Section 11 (1) No
Electoral Locale shall enter into any treaty, alliance or confederation, grant
letters of marquee and reprisal, coin or print money; emit bills of credit,
make anything but Government coin or currency a tender in payment of debts;
pass any bill of attainder, ex post facto law; or law impairing the obligation
of contracts, or grant my title of nobility.
(2) No Locale shall, without
the consent of The Council, lay any imposts or duties on imports or exports,
except what may be absolutely necessary for executing its inspection laws. The net produce of all duties and imposts
laid by any Locale on imports or exports shall be for the use of the Treasury
of America; and all such laws shall be subject to the revision and Control of
the Council.
(3) No Locale shall, without
the consent of the Council, lay any duties of tonnage, keep troops or vessels
of war in time of peace, enter into any agreement or compact with another
Locale, or with a foreign power, or engage in war, unless actually invaded, or
in such imminent danger as will not allow delay.
ARTICLE II
Section 1 (1) The
executive authority shall be vested in a President of America.
He or she shall hold his or her office during terms of four years, not
to exceed two terms, or ten years, if he or she first assumed office through
succession. Together with the
Vice-President, chosen for the same terms, he or she shall be elected as
follows:
(2) Concurrent with Leap
Year elections for Council, during the same time period and at the same
locations, as stipulated in Article I, qualified Voters shall mark physical
form ballots to be manually tabulated to directly elect the President and
Vice-President.
(3) If no candidate for
either office receives a majority of the cast ballots, (a) run-off election(s)
shall be held during the same time period(s) and at the same places and in the
same manner as stipulated in Article I, relative to Council run-off
elections.
(4) Upon completion of final tabulation, the
election shall be certified by the Supreme Court of America and the Chief
Justice of that Court shall publicly proclaim the presidential and
vice-presidential returns and results, proclaiming the candidates garnering the
majority of the voting electorate's ballots as President Elect and
Vice-President elect.
(5) If no candidate for
either office of President or Vice-President shall attain a majority of the ballots cast by
the Electorate, the choice(s) thereof shall devolve upon the Council and Board
of Governors as follows:
Upon convening on the
Autumnal Equinox, the Council shall, immediately following the selection of its
officers, move to select the President and Vice-President from among the two
candidates for each office garnering the most votes from the Electorate's final
run-off election. The Council shall
choose, by open vote, the President and Vice-President. In choosing the President and Vice-President,
the votes shall be taken by Council districts, the representation of each
district having one vote. A quorum for
this purpose shall consist of one half plus one of the Councilors and a
majority of all the Councilors shall be necessary to a choice. If such majority is attained by neither
candidate for each office, subsequent votes shall be cast until a candidate for
each office attains the necessary majority.
If, by 12:01 a.m. of the
fourth day following the Autumnal Equinox, the necessary majority has not been
attained by either candidate for each office, the Board of Governors shall
convene at noon Eastern time on the following day to openly cast their votes to
be added to the Council's last vote. A
Board quorum for this purpose shall be one-half plus one of Board members. If neither candidate for each office attain
the necessary majority of Council and Board votes, the Council Moderator shall
be proclaimed as President Elect and/or Council Security Chief shall be
proclaimed as Vice-President Elect. Upon
such occurrence, Council Deputy Moderator becomes Moderator and Council shall
immediately select from among their Body to fill the subsequent vacancies in
the offices of Deputy Moderator and Council Security Chief.
(6) No person except a natural born citizen of
(7) In case of removal of the President from office,
or of his or her death, resignation, or inability to discharge the authority
and duties of said office, the same shall devolve upon the Vice-President. In the case of removal, death, resignation,
or inability of both the President and Vice-President, the office of President
shall devolve upon the Moderator of the Council. If he or she is unavailable or unable to
assume the office of President, the office shall devolve upon the Vice-Chair of
the Board of Governors. If further
succession is necessary, the office of President shall devolve upon the members
of the President's Presidium in order of standing, as outlined below in Section
2. If further succession is necessary
the office of President shall devolve upon the members of the Board of Governors
by seniority as Executive authority of his or her jurisdiction. If seniority is equal among two or more Board
Governors, the Governor of the Electoral Locale with largest population shall
take standing. If further succession is
necessary, the office of President shall devolve upon the Supreme Military
Commander of America, then the Lieutenant Military Commander, then the Chief of
Policing and then through the ranking military officers, in accordance with its
hierarchical organization.
(8) If in case of dire
disaster, that no individual can be identified as the proper President of
America, the American Military shall exercise executive authority for
(9) The President and
Vice-President, as all officers and officials of the Executive branch of
government, shall, receive a compensation for their services, which shall
neither be increased or diminished during the period for which they were
elected or duly selected. Such
compensations shall be commensurate with compensations paid for comparable work
in the private sector. And they shall
receive within their period of service, no emoluments from
(10) Before he or she enter on the execution
of his or her office, he or she shall take the following oath or affirmation: "I do hereby solemnly swear (or affirm)
that I will faithfully execute the office of President of America and will, to
the best of my ability, preserve, protect and defend the Constitution of
America."
Section 2 (1) (a)
The President shall be Commander
in Chief of the American military and of the Federal Electoral Locales when
called into actual service of
(b) He or she may require
the opinion, in writing, of the principal officer in each of the executive
departments, upon any subject relating to the duties of their respective
offices. These principal officers, along
with the Vice-President shall comprise the President's Presidium. They shall be appointed by the President,
with advice and consent of the Board of Governors. In order of standing they are:
The Principal Diplomat,
overseeing the Department of Diplomacy and Mediation, with immediate executive
subordinates of Diplomatist of The Foreign Service and Diplomatist of Interior
Affairs;
The Comptroller, overseeing
the Department of Finance and Fiscal Affairs, with immediate executive
subordinate of Treasurer of America;
The Civil Commander,
overseeing the Department of Security and Safety, with immediate executive
subordinates of Supreme Military Commander, Director of Intelligence and
Espionage and Chief of Policing;
General Counsel, overseeing
the Department of Legalities, with immediate executive subordinates of Attorney
General, Solicitor General, Chief of Policing, and Commandant of the Coast
Guard.
The Postmaster General,
overseeing the Department of Communications, Logistics and Infrastructure, with
immediate executive subordinates of Scribe, Logistician and Engineer;
The Broker, overseeing the
Department of Commerce and Trade, with immediate executive subordinate of
Principal Merchant;
The Surgeon General,
overseeing the Department of Science and Medicine, with immediate executive
subordinates of Chief of Medicine and Principal Scientist.
The President may recognize and
parley with partial Presidia to address specific issues of safety and security,
consisting of the Vice-President, Principal Diplomat, Civil Commander, Supreme
Military Commander, Commandant of the Coast Guard, Chief of Policing, Director
of Intelligence and Espionage and Surgeon General; and of economic issues,
consisting of the Vice-President, Principal Diplomat, Comptroller, Treasurer,
Broker and Principal Merchant.
(c) He or she shall have authority to grant reprieves and pardons
for offenses against
(2) He or she shall have
authority by and with the advice and consent of the Board of Governors, to make
treaties, provided that two-thirds of the Board members concur. The Objectivist national economic or security
self-interest shall be the primary purpose of any Treaty. Except for cases of open and equitable trade
and mutual security, treaties, engagements and entanglements with foreign
states or other parties are to be avoided.
(3) He or she shall appoint ambassadors, public plenipotentiaries,
and consuls, Justices of the Supreme Court and judges of inferior courts of
(4) The
President shall have authority to fill up all vacancies that may happen during
an extended time in which the Board of Governors cannot convene to exercise its
advice and consent duties, by granting commissions which shall expire upon
convention and concurrence of the Board.
Section 3
(1) The President shall, from time to time, give to the
Council, the Board, the Electorate and the public at large, information of the
state of the Republic, and recommend to their consideration such measures as he
or she shall judge necessary and expedient.
(2) The President may, on
extraordinary occasions, convene the Council during a time of recess or
adjournment.
(3) The President shall
receive ambassadors, and other public ministers and emissaries and shall
commission all the officers of
(4) The President shall take
care that the laws be faithfully executed.
(5) The President,
Vice-President and all civil officers of
(6) The President,
Vice-President and all civil officers of
ARTICLE III
Section I The
judicial authority of
Section 2 (1)(a)
Judges shall serve as
presiding arbiters over and throughout
every trial, of all crimes
and civil suits, which shall be by jury, except in cases of impeachment. Judges, prosecutors and jurors shall always be
recused from any case in which there is
factual financial, familial, familiar or other conflict of interest.
(b) Such trials shall be
held in the jurisdiction where the said crimes or civil wrongs shall have been
perpetrated or committed, except when it can be shown that the defendant cannot
receive objective, impartial treatment in that jurisdiction. When not perpetrated or committed within a
particular jurisdiction, the trial shall be at such place or places as the
Council may, by law, have directed.
(c) Juries shall be
comprised of Electors and other Citizens selected from a jury pool assembled at
the behest of the judicial authority of that jurisdiction wherein the trial is
to be held. All citizens summoned for
jury duty shall present themselves for consideration as a potential, impartial
juror, except when it can be shown that that citizen's absence from his or her
regular, gainful endeavors would result in breach of contract.
(d) Based solely on fact and evidence
presented during trial, juries shall determine criminal guilt beyond all
reasonable doubt or civil liability by a preponderance of the evidence. Juries shall, by unanimous consent also
determine invalidity of the law relative to the case at hand.
(e) Jurors and potential jurors shall be compensated for
their services, in correlation to time served and commensurate with his or her
compensation derived from his or her regular gainful employment, endeavor
and/or activity.
(2)(a) The judicial
authority shall extend to all cases, in law and equity, arising under this
Constitution, the laws of
(b) Laws, crimes,
liabilities, punishments and judicial proceedings shall be uniform throughout
(i) a perpetrator or perpetrators, committing
(ii) an act or acts of force or fraud, creating
(iii) demonstrable, quantitative loss or harm, to a
(iv) separate victim or
victims.
(c) All costs incurred in
any case shall be the fiscal responsibility of the party or parties found
guilty or liable, payable, in full to the court and the prevailing party or
parties. If criminal guilt is not found,
those costs shall be incurred by the judicial system. If civil liability is not determined, those
costs shall be incurred by the plaintiff.
(3) In all cases affecting ambassadors, other
public ministers, consuls and emissaries and those in which an Electoral Locale,
possession or territory is party, the Supreme Court shall have original
jurisdiction. In all other cases
aforementioned, the Supreme Court shall have appellate jurisdiction, both as to
the law and fact, with such exceptions, and under such regulation as the
Council shall make.
Section 3 (1) Treason
against
(2) Upon conviction of treason,
punishment shall be life-long exile to the Rat Islands of Alaska.
(3) No attainder of treason
shall work corruption of blood, or forfeiture except during the life of the
person attainted.
Article IV
Section 1 The
Electorate shall be comprised of those American citizens who have achieved the
contractual age of majority of eighteen years, or at an earlier age, if
individually emancipated by a court of law, or an active member of the
military, and who has demonstrated basic knowledge and understanding of
American history, political and economic structure and culture.
Section 2 Such
knowledge shall be demonstrated by passing a randomly generated, one hundred
question/directive examination, based on the traditional United Sates Citizenship
Test, which shall always contain the directive of: "List at least two current issues which are important to
you, compelling you to vote in this election." That directive shall be presented to each
elector at each subsequent election. This Elector's Eligibility Exam shall have
no multiple choice questions/directives and shall require a minimum score of
seventy per cent (70%) to qualify a Citizen as an Elector.
Section 3 (1) This
examination shall be administered and proctored by the local Board of Elections,
within the Citizen's county or parish of residence, It shall be administered in the English
language or American Sign Language, by visual, auditory, or tactile means, as the Citizen requests and/or
requires.
(2)(a) Upon achieving a
passing score on the Elector's Eligibility Exam, the Citizen shall be
immediately recognized as an Elector, and shall
immediately be issued an Elector's registration document, to include
Elector's picture and current physical address.
(b) It shall be the Elector's legal responsibility and
obligation to inform the Board of Elections of any lawful alteration of name or
change in physical address of residence, prior to the next election following
such alteration and/or change, in which the Elector wishes to vote.
(c) In the event of the
Elector's demise, it shall be the statutory responsibility of the issuer of the
Elector's death certificate to
immediately inform the Board of Elections
of the Elector's passing, and it shall be the statutory responsibility of
the Board of Elections to remove the Elector's name from the voting rolls prior
to the next election for which the Elector was eligible to vote.
Section 4 Each
elector shall present his or her Elector's registration document and/or other valid,
official identification document verifying his or her identity and current
place of residence each time he or she votes.
Section 5 (1) As
they are, in and of themselves, "a frightful despotism", party
politics and political parties shall have no place in American culture and
shall play no part in American politics, policy or programs at all levels of
government and governance.
(2) Electors may and
candidates for and holders of public office shall declare themselves, with or
without modifying adjectives and/or adverbs, as an adherent to one of the three
basic socio-economic/political systems of:
(a) Socialism, wherein the means of production and distribution are
publicly (or governmentally) owned and operated;
(b) Fascism, wherein the means of production and distribution are
privately owned by individuals, but publicly (or governmentally) managed, by
means of on-premises executive fiat and force, unnecessary regulation, or other
methodology;
(c) Capitalism, wherein the means of production and distribution
are privately owned and operated by individuals.
(3) Adherence to or promotion of any of the three basic
socio-economic/political system shall not bar any citizen, Elector, legal
resident alien or visitor from enjoying the rights and protections afforded
under this Constitution.
(4) All citizens meeting the
requisites for Elector are encouraged to attain that status, and once attained,
exercise their unenforced civic duty to vote in every election.
(5) "Early
voting", prior to Election Weeks shall
not be allowed. Absentee ballots can be issued to and executed by military
personnel serving away from their Electoral Locale, Electors working, studying,
or otherwise involved in lawful gainful activity away from their Electoral
Locales and Electors so infirmed to be unable to physically appear at their
designated polling place.
(6) Any person or party duly
convicted of any form of electioneering shall be subject to penalty, up to and
including lifelong exile to the Rat Islands of Alaska.
Article V
Section 1 Full
faith and credit shall be given in each Federal Electoral Locale to the public
acts, records and judicial proceedings of every other Federal Electoral Locale.
Section 2 The
citizens of each Federal Electoral Locale shall enjoy the uniform rights,
privileges and immunities as the citizens of every other Federal Electoral
Locale, as they freely travel throughout the Nation.
Section 3 A
person charged with treason, felony or other crime, who shall flee from
justice, and be found, shall be delivered up and returned to the jurisdictional
locale where the crime occurred, from which he or she fled.
Section 4(1) New
States may be admitted into this Union by law; but no new State shall be formed
or erected within the jurisdiction of any other State, excepting the existing
Indian Reservations that comprise the jurisdictional locales of the Native
Nations; nor any State be formed by the junction of two or more States, or
parts of States, without the consent of the legislatures and the Electorate of
the States concerned, as well as of the Council and President.
(2) The Council shall have authority to dispose of and make all
needful rules and regulations respecting the territory or other property
belonging to
Section 5(1)
(2)
(3)
Article VI
The
Council and Board of Governors, whenever two-thirds of both Bodies shall deem
it necessary, shall propose amendments to this Constitution; or on the
application of the legislatures of two-thirds of the Federal Electoral Locales,
shall call a convention for proposing amendments, which, in either case, shall
be valid to all intent and purposes, as part of this Constitution, when
ratified by the legislatures of three-fourths of the Federal Electoral Locales,
provided that no Electoral Locale, without its consent, shall be deprived of
its equal suffrage on the Board of Governors.
Article VII
Section 1 (1) All debts contracted and engagements into which
entered, before the adoption of this Constitution, shall be as valid against
(2) All debts contracted and engagements into which entered by
(3) The American government, or any lesser governmental jurisdiction
within
(4)
Section 2 This
Constitution, and the laws of
Section 3 The
Councilors and Board of Governors before mentioned, and the members of the
Electoral Locales' legislatures and lesser legislative bodies, and all
executive and judicial officers, both of
Article VIII
This Constitution shall be
deemed ratified upon majority approval of the Electorate.
Article IX
Section 1(1)(a) The individual peaceable, free practice of any religious belief system
shall not be prohibited.
(b) No law shall be made
abridging the freedom
(i) of speech, except pursuant to rules of libel and slander; or to
purposefully proclaim a prevarication designed to provoke public panic or to
incite violent riot, insurrection, treason or warfare;
(ii)(a) or of the press to report and disseminate news accurately,
even-handedly, honestly and objectively, factually answering the six basic one
word questions of who?, what?, when?, where?, how?, and why?, with minimal use
of adjectives, adverbs, adjective and adverbial phrases; and to openly opine
and admittedly editorialize.
(b) Platforms, physical and virtual, created and constructed to
share information shall do so without bias, favoritism or censorship. Said platform owner(s)/operator(s) shall not
be held liable or responsible for content placed upon said platform by users
unaffiliated with the platform or its owner(s)/operator(s), except for that as
a user. Platform owner(s)/operator(s)
shall be responsible to report to authorities any messaging being unlawful or
advocating unlawfulness. Any member of
the media or any information platform owner(s)/operator(s) adjudicated to be
guilty of violating this section or purposely perpetrating prevarications
pursuant to slander and libel laws shall be concurrently guilty of breech and
betrayal of the public trust. Absence of
malice shall not be a defense.
(iii) And no law shall be made abridging the right of the people to
peaceably assemble and to petition the Government for a redress of
grievances.
Section 2 A
law and self defending citizenry being necessary to the security of a free
Nation, the right of the people to keep and bear arms shall not be infringed.
Section 3 No
military personnel shall, in time of peace be quartered in any building of
residency, without the consent of the owner or the legal inhabitant, nor in
time of war, but in a manner to be prescribed by law.
Section 4 The
right of the people to be secure in their persons, places of residence and
endeavor, conveyances, papers, property, and effects, against unreasonable,
unwarranted searches and seizures shall not be violated; and no warrants shall
issue but upon probable cause, supported by oath or affirmation, and
particularly describing the place(s) to be searched and the person(s) and/or
thing(s) to be seized.
Section 5 No
person shall be subject for the same offense to be twice put in jeopardy; nor
shall be compelled in any criminal case to be a witness against him- or
herself; nor be deprived of life, liberty or property without due process of
law; nor shall private property be taken through imminent domain, but for true
public use and not without just, equitable compensation.
Section 6 In
all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the location wherein the crime shall have
been committed, which location shall have been previously ascertained by law;
and to be informed of the nature and the cause of the accusation; to be
confronted with the witnesses against him or her; to have compulsory process
for obtaining witnesses and evidence in his or her favor, and to know the
evidence against him or her; and to have the assistance of competent legal
counsel for his or her defense.
Section 7 In
suits at Common Law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by a
jury shall be re-examined in any court of America, other than according to the
rules of the Common Law.
Section 8(1) Excessive
bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
(2) Imprisonment or exile providing no amenities beyond sustenance
and shelter, nor punishment, including execution by ways and means of the high
or capital crime committed, shall not be considered cruel or unusual.
Section 9 The enumeration in this Constitution, of certain
rights, shall not be construed to deny or disparage others retained by the
people.
Section 10 The
authority not delegated to
Author's note.....As I propose a 'Balkanization" of the current United States of America, the word "United", appearing twice in this Constituion's Preamble can be changed to "Allied".
Puerto Rico is no rich port. The proposed 51st state is as poverty stricken as all other Demoncat controlled areas of the USA. It can choose to align with SPRA or CCCI. I don't care and I don't want it as part of the ASA. 
Though it tends to vote Independent and Democratic. the US Virgin Islands is a constitutional conclave with a unicameral legislature, like I propose for the ASA. It is overwhelmingly English speaking and should be administered by or adopted into the ASA, as SPRA or CCCI will not have the fiscal ability or political will to do so.
