New Constitution of Liberty
by Joel M. Skousen
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.
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 without 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.
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.
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:
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
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.
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.
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
LIMITATIONS OF GOVERNMENT POWER
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.
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.
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.
Page posted by SDA
February 3, 2002
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