Proposed New United States Constitution
A guide for much of what should be.
PREAMBLE
The Government of the United States of America is a government made of, by, and for the People of the United States of America. This Constitution is dedicated to the principle that all People in these United States have a Right to equality and reasonable fairness under the law, and that they possess certain other Rights and Responsibilities, and that final Political Power is vested in them. It then follows that the People should have a reasonable expectation that all laws, rules, and regulations that govern the People are as ethical as possible and that they should also have a reasonable expectation of truthfulness, fairness, and equity in all contact with governments and businesses. This preamble has the same force of authority as any other part of this Constitution, and that all jurisdictions of the United States are subject to this Constitution.
ARTICLE I
RIGHTS AND RESPONSIBILITIES
SECTION 1
INDIVIDUAL RIGHTS Within reason and good common sense, we have the right to do anything so long as what we do does not adversely affect anyone else, except in a minor way, and conversely, no one may do anything that will adversely affect us, except in a minor way, or except as a result of a judicial proceeding or what is Constitutional rule or law. 2.These Rights include, but are not limited to;
LIFE 1. A person’s Right to the control of its Life is undeniable, which for purposes of Law begins with birth and natural viability.
PRIVACY 1. All adult people in the United States shall enjoy an expected Right to Privacy at most times and minors shall enjoy such privacy except in the presence of parents and/or guardians. 2. To minimize intrusions into people’s lives, this Right shall include, but not be limited to, the following:
Records: 1. Governments shall keep Classified Records as approved by the National Security Commission and Public Records of all government proceedings, land, courts, corporations, businesses, births and deaths, and other records of public concern, and other Private Records that may be requested by all participating parties. 2. Except for the Public and Private Records as stated before, no other private entity’s records may be sold, given away, or otherwise distributed within or without a public or private entity or government, without that entity’s freely given express approval for the distribution, which must be renewed annually, except when the public health or safety are endangered and a Court of Law has issued a warrant for the specific distribution of a specific entity’s specific record. 3. Governments, and private and public entities, may keep those private records necessary for the conduct of business between themselves, but when changes are made to that record in any year, then the record keeper must transmit to that private entity whose Records are kept, a notification of the record changes together with other relevant records. 4. A private entity may, without duress, waive or withdraw its waiver for its aforementioned notification. 5. An entity may challenge any record, public or private, and seek error resolutions, and shall have reasonable access to any records of it, and without cost to citizens.
Intrusion: 1. No government, or public or private entity, or any agent(s) thereof, may enter or record any entity’s property or domain without that entity’s approval, except as a casual occurrence, and except that a Court may, with just and probable cause, issue a warrant to a government or other entity, or its agent(s) to enter, record, or seize; except an entity may be detained and secured anywhere with just cause while awaiting a warrant, but not to exceed 24 hours. 2. All warrants shall be issued by the most expeditious means. 3.Property or domain shall include, but not be limited to private real property, possessions, private transportation, close communication, and person, whether in or on private or public property. 4.Close communication shall include communications through any electronic or advanced system designed for the same purpose. 5. Private property and communication discarded in private waste facilities shall remain private. 6.When notice is given at each private location, the innocuous monitoring of private entities, activities, and/or private possessions to prevent illegal activities is permitted, except that recorded images of such scanning may only be used in specific legal actions with specific Court approval. 7. Images, behavior, actions, and open (easily heard) communication in or on openly public spaces shall be considered public.
Behavior: 1. Except as restricted by this Constitution, and any negative effect on minors, no government may restrict any private behavior between responsible consenting adults when in or on private property not exposed to the public. 2. The government may restrict the use and distribution of any mind altering or addictive substances, machines, programs, or objects, but nevertheless, the restricted shall be legal and available to those addicted. Personal Number: 1. The Federal Government shall issue to each of the population a Personal Identification Number(PIN) card which shall be used exclusively by the PIN holder and the Federal Government and lesser governments in all their dealings with each other. 2. Such Personal Identification Number cards shall also include an individually selected secret identification sequence or other irrefutable means of identification, such as an Iris Scan. 3. A Personal Identification Number shall be issued within one year of birth.
COMMUNICATION 1. The People’s Right to communication and association may not be generally restricted and any court ordered restriction of this Right may not be used for political, commercial or religious gain. 2. All public assemblies shall be peaceful and all public communications by any means shall be as Truthful as practical. 3. The Right to movement and peaceful assembly may be restricted for safety and health reasons by an appropriately high Court. 4. The Government shall require diversity of opinion and ownership of all publically accessible media. 5.All governmental actions shall be recorded except those restricted by the National Security Commission and the Courts may require the release of some of those public recordings that are restricted. 6. The Government shall own and operate such means of communication that are deemed necessary for the public.
EQUAL PROTECTION UNDER THE LAW 1. There may be no bias, pro or con, based on any personal trait or belief, in any Law, Rule, Regulation, or Imposed Contract of Equity or in any public or private facility and/or action of any government or public entity; except that those with limiting infirmities or other limitations may be accommodated or excused.
COUNSEL IN ALL COURT APPEARANCES 1. All people in the United States shall have a Right to free basic Counsel, which shall be available to anyone requesting such in any court appearance, and such Counsel shall be of good competence.
CLEAN AIR, WATER, LAND AND SPACE 1. All people in the United States shall have a Right to a healthy environment, free of unneeded disturbances and toxicities. 2.The environment shall extend from the center of the earth to low orbit.
EDUCATION 1. All Citizens and their Dependents shall have a Right to Free Education to the highest level that they can reasonably achieve, and such other training as they may need for employment.
OWNERSHIP AND USE 1. Every adult Citizen has the Right of Ownership of anything except another human being, and except that the owned must be used in a legally constrained and/or responsible manner. 2.Those convicted of violent offense and those who are rehabilitated may have their Right of Ownership diminished of any ownership that may enhance any latent tendencies toward future violence. 3. Mentally deficient adults may be considered as minors, and have ownership restrictions. 4. No property may be detained or confiscated except as a result of judicial process. 5. All land property held in ownership is custodial.
RELIGION 1. Governments may not interfere in the practice of any religion or cult except when religious or ecclesiastical beliefs or practices conflict with this Constitution; nor may any government do anything to enhance the well-being or influence of, or be influenced by any religious or ecclesiastical beliefs or practices, nor may any religious organization or advocate exert any direct religious influence in public education, public health or in the electoral processes of any of the governments of the United States.
REDRESS OF GRIEVANCES 1. The Citizens have the Right to recall any elected or appointed government official, or any other act or action of any government; and to compel government to do their bidding; and an election for such purposes shall be implemented within two months of the presentation and verification of approval for such actions by ten percent of the eligible electorate.2. Such a cause may not be an issue again in the same jurisdiction for another two years.
HEALTH 1. All Citizens shall have a Right to a control of their health and to free basic healthcare; timely, effective, and efficiently delivered, and all reasonable and expeditious care shall be used to approve any health aides, procedures, medicines, and/or other treatments that may be of benefit. 2. This Right does not preclude any supplemental health or expense insurances.
SOCIAL 1. All adult citizens shall have a living income, whether as an individual or a family and a job(s) commensurate with their abilities. 2.The disabled and retirees shall have a living income and living assistance as needed. 3. Childcare shall be available for children not yet in school.
CITIZENSHIP 1. Citizenship, once gained, may not be diminished, and any person conceived by a US citizen parent or born and documented within any jurisdiction of the United States shall be a Citizen, and all else may apply. 2.Multiple citizenships may be held by any Citizen of the United States, and any citizen may travel anywhere without restrictions by the United States Government , except those specifically restricted by a Court.
SECTION 2
INDIVIDUAL RESPONSIBILITIES 1.Personal Responsibilities and Ethics are a large part of the foundation of a functioning democratic society. 2.We should all strive to such, but we must have the following. VOTE 1. Every adult citizen must make informed votes for all candidates balloted in their home district in a minimum of 4/5 of all of the elections in any 10 year period that the voter is eligible to vote in. 2. Their Personal Identification Number card shall be their voter card.
TAXES AND FEES 1. All who are required to, must comply with the tax laws and imposed contracts of equity.
NATIONAL SERVICE 1. All Citizens between the ages of 17 and 30 years must serve a minimum of two consecutive years of National Public Service in a controlled environment.
SECTION 3
GOVERNMENTAL RIGHTS 1. Governments, representing the will of the People must have the Right to do what is for the good of the People and the Country, which may include but not be limited to:
PROTECTION 1. The United States society, through its Government, has the Right to protect itself from unethical influences, both within and without the country, and the use of its military for the protection of its border and our ethical interests. The Right of Protection may also include the limitation of immigration and population.
REVENUES 1. Society, through its Government, has the Right to collect taxes and fees from its Citizens in an equitable manner for the good of the Commons and with just compensation take such private properties or their uses for the good of the whole; but when such taking is for economic reasons then those whose property is taken shall participate fairly in the ultimate property value.
PRIORITY RIGHTS 1. The Federal government shall have priority rights to all regulation within the limits of this Constitution.
SECTION 4
GOVERNMENTAL RESPONSIBILITIES 1. Society, through its government, has obligations to its Citizens and to record all its actions.
FAIR TREATMENT 1. Society must stridently attempt to treat all members in an ethical and dignified manner.
SOCIAL 1. Society shall provide Citizens the means to allow the young, the elderly, and the infirm to live in relative health and comfort, and all else to live in relative health. 2. The Government shall have the authority to test all products and procedures for safety and efficacy, and may restrict only those that are addictive or dangerous by normal or more aggressive use.
RULE OF LAW 1. Society shall provide a set of ethical Laws and Rules to regulate the function of Society. 2.The Rule of Law, the results of completed ethical legislative actions, shall be applied in an unbiased, efficient, compassionate and non- vindictive manner with all.
COMMERCE 1. Within sound social, environmental, safety, and economic parameters, Government shall do all it can reasonably do to promote the well-being of all commerce.
SAFETY 1. Governments shall do all they reasonably can to protect citizens from harm, both from within and without. RECORDS 1. Governments shall keep and archive records of all of its activities, conversations and communications and except for those exempted, all shall be available to the public and those exempted shall be available by Court orders.
ARTICLE II
GOVERNMENTAL STRUCTURE
The Governments of the United States are governments with all representatives elected by the popular vote of the electorate.
SECTION 1
CONGRESS 1. Congress shall consist of three Houses; the House of Representatives, the House of Councilors and the Senate; and Congress shall have the sole authority to make all national legislation and shall set the standards for laws, rules and regulations made by others. 2. The House of Representatives shall represent all registered voters and is limited to no more than 400 Representatives. 3. The House of Councilors shall represent those eligible voters who have reached any of a series of qualifications to separate them from the general population and whose total number is about one half of the electorate, and the House of Councilors shall be limited to no more than 100 Councilors. 4. The Senate shall represent the voters of great achievement and who amount to 1/10 of the electorate, and the Senate shall be limited to no more than 50 Senators. 5. All members of these Houses serve terms of six years and may not succeed themselves in office. 6.Elections are to be held every two years for about one third of each House. 7. The House of Representatives shall periodically set qualifications for the electorate of the Senate and the House of Councilors, which are then approved by the Supreme Court, but are nonetheless flexible qualifications. 8. The Houses of Congress shall convene and adjourn at like times. 9.The various states and municipalities of more than 2 million people are to have similar legislatures and rules. 10. In order to have good voter distribution Congress shall pass such enabling legislation to allow for the accounting and location of the population on a continuous basis and a direct verification count about every 10 years. 11. Each member of Congress is to be adequately compensated for the duration of their term in office, and they shall also receive adequate funds for their congressional offices and staff for the term of office; and they may not receive any compensation from any other source while serving their term in office except compensation changes which are at least two years old; and except for incidentals, no Congress member may directly benefit from any legislative actions considered during their term in office and for the next two years after leaving office, all as determined by Congressional rules. 12. Immediate family members of members of Congress may not receive any benefits that may be construed as influential to passage of legislation. 13. Each House establishes the rules, funding, and leadership positions necessary to operate, but these rules, funding, and leadership positions shall be consistent with ethics and this Constitution. 14. Congressional vacancies, whether temporary or not, are first sequentially offered to the first two runners-up of the prior election, and having no acceptances, a new temporary member is appointed by the ranking House Leader within 30 days. 15. A vacancy occurs when a member of Congress cannot perform her/his duties as a member beyond 30 days. 16. A Vote of No Confidence for any elected legislator’s position by three quarters of the members of the affected House of Congress may require a new election for that position. 17. The House of Councilors may, by majority vote, pardon or commute the sentence of anyone convicted of a crime in any Court of Law. At the first session of this Congress, the members determine by lot who among them shall serve two, four or six years; and in this instance those who have a shortened term may stand for reelection prior to the conclusion of their own term in office in accordance with the rules and laws governing elections and campaigns
SECTION 2
EXECUTIVE 1. The President is the Chief Executive Officer of the United States, and the Commander-in-Chief of the Military, and is elected by a majority of direct popular votes and serves a term of eight years, and may not run for reelection for the next term as President. 2.The first runner-up of such election is the Vice President and shall serve a like term. 3. The President shall have an Executive Advisory Council consisting of the Vice President and Secretaries as approved by the House of Councilors for such positions as Secretaries of State, Justice, Commerce, Peace, Defense, Welfare, Education, Environment, Communication, Information, Energy, Security, Research and Development, and any other such Departments as the President and Congress may determine to be of use. 4.The President shall have responsibility for the use and creation of Policy issues and may ask Congress for useful legislation. 5. A vacancy of the Presidency, whether temporary or not, is to be filled by the Vice President and a vacancy of the Vice Presidency is to be filled by the ranking Councilor, and any such Councilor who is a replacement for more than 30 days, becomes eligible to run for the office of Councilor at the next election, should terms coincide or not. 6. Executive vacancies are to be filled immediately. 7. A vacancy occurs when the President or the Vice President can no longer perform the duties of the Office. 8.The President and Executive Advisory Council members are to be adequately compensated for the duration of their term in Office, and they shall also receive funds for their offices and staff for the term of Office and such funds are to be determined two years ahead of the time of use and they may not receive any compensation from any other source while serving their term except compensation changes which are at least two years old; and except for incidentals they may not directly benefit from any other source; nor from any legislative actions considered during their term in office for the next four years after leaving office, all as determined by Congressional rules. 9. Immediate family members of such office holders may not receive any benefits that may be construed as influential to governance or policy. 10. The President shall make major decisions only with the approval of 3/4 of existing Administrative Advisory Council members. 11. The President may veto any Legislation or portion thereof that the Executive finds unacceptable, which may be overridden by a 2/3 vote of Congress; and the President may pardon or commute the sentence of anyone convicted of a crime in a Court of Law.
SECTION 3
OPERATIONS 1. The Operations Administrator is the Chief Operations Officer of the United States, and is elected by a majority of direct popular votes and shall serve a term of six years and may not run for reelection for the next term as Operations Administrator. 2. The first runner up of such an election is the Deputy Operations Administrator and shall serve a like term.3.The Operations shall work together with the Executive, but nonetheless is an independent position. 4.The Administrator shall have an Administrative Advisory Council consisting of the Deputy Operations Administrator and Public Health, Public Prosecution, Treasury, Federal Investigative Services, Public Safety, and other Operational positions as the Administrator and Congress determine to be of use. 5. The Operations Administrator shall have responsibility for the creation and use of Operations functions. 6. Vacancy in the Office of the Operations Administrator, whether temporary or not, is to be filled by the Deputy Operations Administrator and a like vacancy in the Office of the Deputy Operations Administrator is to be filled by the ranking Councilor, and who, after 30 days as a replacement becomes eligible to run for the Office of Councilor at the next election. 7. No temporary vacancy shall exceed 120 days in duration and any Operations vacancies are to be filled immediately. 8. A vacancy occurs when the Operations Administrator or the Deputy Operations Administrator can no longer perform the duties of the Office. 9. The Operations Administrator and Deputy Operations Administrator and members of the Administrative Advisory Council are to be adequately compensated for the duration of their term in Office, and they shall also receive adequate funds for their offices and staff for the term of the office, and such funds shall be determined two year ahead of time use, and they may not receive any compensation from any other source while serving their term in Office except compensation changes which are at least two years old; and except for incidentals, they may not directly benefit from any source for any legislative actions considered during their time in Office for the next four years after leaving office, all as determined by Congressional rules. 10. Immediate family members of members of such Officeholders may not receive any benefits that may be construed as influential to governance. In the first year of this Constitution, Operations shall serve five years.
SECTION 4
JUDICIARY 1. The Department of Justice of the United States is a semi-autonomous Division of the United States Government and is subject to the controls of the people and Congress at the direction of the President and consists of a Supreme Court and such Courts of Appeal, District and other Courts and Magistrates as are needed. 2. Except as approved by higher courts or Congress, no member of the judiciary may succeed themselves after their term in office, except as otherwise allowed. 3. Supreme Court justices shall be chosen by lot from a pool of ethically qualified and open-minded applicants from all segments of society and the qualifications shall be determined by the House of Representatives, except that being an attorney shall not be a requirement. 4.Supreme Court justices may not be reappointed after their term of office. 5. The Supreme Court shall consist of nine Justices who each serve a term of nine years, and with each year of service a Justice would gain a year of seniority and in the ninth year becomes the Chief Justice. 6. The Supreme Court is the final Arbiter of whether any legislation, governmental act or procedure or any other legal matter is Constitutional or Ethical; except that a majority vote of the People or three/quarter majority of Congress may overturn a Supreme Court decision. In the beginning, the justices choose by lot the term of service of each of the members, and all of those who have a short term may reapply. 7. All Judges and Magistrates are to be chosen by lot from a pool of ethically and technically qualified applicants and except for the Supreme Court, such qualifications shall include the requirements of having been an attorney with trial experience and having served in a lower court before being qualified for a higher court. All qualifications are to be established and approved by the House of Representatives. 8. All judges and Magistrates serve a term of 10 years and one-tenth of existing Judges and Magistrates are to be replaced each year, and except for Supreme Court Justices all may reapply unless disqualified by cause. 9. No single case before a single judge shall have nationwide consequences and such a case shall be heard by a minimum five judge panel with judges being randomly selected for such panels from five other randomly selected districts . In the beginning, the terms for judges and magistrate’s shall be determined by lot. 10. The Department of Justice shall maintain and oversee a staff of civil administrators who oversee funding and operations of the Judicial System, and recommend to Congress the funding, changes and/or additions that may be necessary for the Judicial System’s efficient operation, and Congress is to allocate an appropriate annual operating fund two years ahead of the time of use. 11. Temporary Vacancies in the Judiciary are not to exceed 90 days duration and all vacancies are to be filled by lot within three working days. 12..A vacancy occurs when the duties of the Office cannot be performed. 13. The Judiciary may establish a separate pool of qualified applicants willing to fill temporary vacancies, but this does not exclude those applicants from the regular pool. 14 All Justices, Judges, and Magistrates are to be adequately compensated for their term of service, and they shall also receive adequate funding for offices and staff, and they may not receive any compensation from any other source while serving their term of service; and except for incidentals, they may not directly benefit from any case considered by them in their capacity as a Justice, Judge or Magistrate, all as determined by Congressional Rules. 15 All Justices, Judges, Magistrates, and Prosecutors shall follow sets of ethics and behaviors as set by Congress and may be held accountable for misfeasance of set rules. 16. Prosecutors shall be merit employees.
SECTION 5
NATIONAL SECURITY COMMISSION 1. The National Security Commission (NSC) consists of 30 appointed members, and the NSC establishes disclosure rules and passes on the classification status of all security matters that come from the government and any other matters of security that it deems fit to review. 2. Five members shall be appointed by each of the Senate, House of Councilors, House of Representatives, President, Operations Administrator, and the Supreme Court and the individual members of the NSC report to their appointing authority as needed or required, and as a body to the Public in open session at least once a year and at that time the Public may request the recall of individual members of the National Security Commission. 3. A minimum two-thirds vote of the Commission is required to withhold from public view anything brought before it, and anything withheld from public view shall be assigned a review time not to exceed five years, or may be retired at any lesser time period. 4. A 27-vote majority is required to withhold anything from public view for more than 10 years. 5. Governmental divisions and agencies requiring levels of security are to be given guidelines by the NSC for in-house security and the rating of classified information; and all classified information shall be periodically reviewed by the division or agency, and any classified information to be held beyond five years shall be reviewed and approved by the NSC. 6. The NSC may establish such secure governmental areas as needed for the defense of the country, with the approval of Congress and the President.7. Except for the right of privacy, all government information without an approved classification shall be available to the public. 8.The NSC may also withhold truly proprietary information that the government has had reason to have access to. 9. Neither the NSC nor any government agency may issue Classifications to information that is of common knowledge or only an embarrassment with minimal security impact. 10. Doing so may be cause for dismissal. 11. No one may be sanctioned or censored for any disclosure of truth or reasonable belief of truth, disclosure of which would be in the public’s interest. 12. In any sanction brought by a government, the government must prove true harm to its security. 13.Members of the NSC serve for five years each, rotating one each year from each of the appointing bodies, and they are to be adequately compensated, and they may not receive other compensation during their term in office nor may they receive other financial benefits from their actions during their term of office, except incidentally, all as determined by Congressional rules.
ARTICLE III
GOVERNMENTAL OPERATION
SECTION 1
POLITICS 1. There may be no incumbent political candidates, except as specified in other parts of this Constitution. 2. Elected officials and candidates are subject to the same laws and rules as the general population. 3. All Political Candidates must be, at the least, a twenty year old adult citizen, except candidates for the Offices of President and Operations Administrator who must be at least 40 years old and a Citizen of the United States for at least 20 years and having never participated in or been convicted of a violent felony or a fraud. 4. Prior to the campaign, all United States candidates must present a petition of 10% of their electorate for placement on the ballot, and compose a Position Statement and make this Position Statement available in various forms to the electorate. 5. Each government shall post on all suitable media the names of all eligible Candidates. 6. The National Electoral Process shall be conducted by the Operations Administrator. 7. The Will of all Citizens, as expressed through fair elections is paramount, and every effort shall be used for the determination of this Will. 8. The House of Representatives shall divide the electorate population into no more than 400 Election Districts; each being as compact as practical and with reasonably equal populations, without any regard to any criteria other than population and natural divisions: one being for each member of the House of Representatives. 9. Four contiguous compact Election Districts will supply the electorate for each of the members of the House of Councilors and eight contiguous compact Election Districts will supply the electorate for each member of the Senate, and the Election Districts for the Senate and the House of Councilors shall be done without regard for the distribution of qualified voters. 10. Voters will vote for Policies (as a guide) and for Candidates and all ballots shall follow a common format and placement of Candidates names on the ballot for an office shall be done by lot. 11. Voting shall allow each voter to give up to (five) Approvals to one, some, all, or none of the Candidates, and the Candidate with the most Approvals shall be the winner, and in case of a tie, then the candidates with the most Approvals shall stand for a vote again and with a second tie, a winner shall be chosen by lot. 12. Normal public campaigns run from September 1 through December 1, with voting beginning December 8 and ending December 15 and newly elected officers will take office January 1. 13. Special election winners may take office immediately.14.All elections shall allow for a minimum of seven days for voting, except with Court approval 15. This schedule may be modified as necessary by the Operations Administrator and approved by an appropriate level of Court. 16. Federal voting will occur on the same days across the country beginning with midnight Eastern time and ending with midnight Western time. 17. Whenever able to, the various states and their lesser political divisions should hold their elections coincidentally with the Federal elections, and shall nevertheless have like electoral processes and campaign rules. 18. All Political Campaigns are to be financed only by the government for which the Candidate is seeking Office, and that government shall disburse to each Candidate for the same Office, a like amount of money, which may only be used for the campaign and no other funds may be used. 19. Political Candidates may also accept individual voluntary labor, but may not accept donations of products or licensed services. 20. All non-candidate and non-ballot-issue political advertising and all relevant political polling may not be publicly displayed, from two weeks prior to the campaign to the close of all campaigning. 21. No Corporation, or public entity, or Workers’ union may, as an entity, participate in any political campaign activities or provide financial backing for campaign or campaign activities; nor may it direct its members to participate in any political campaign in support of a particular candidate or cause. 22. There may be no restrictions on who may be a candidate for office except those imposed by this Constitution. 23. Voting shall be done over a one-week period which shall begin and end at the same time in all places and may be done by any of several secure methods that produce an unambiguous hard copy for record and the voter may opt to receive a copy of her/his votes. 24. A voting method shall be available to the electorate in most public places, such as fire, police, library, town halls, etc.,or by any secure remote system. 25. All votes shall be counted as they are completed, ,and an accounting of all legal and discernible votes shall be completed for the determination of winners. 26.All voting shall be done in secret; but the voter may ask for and receive neutral assistance, or may be accompanied by a personal helper. Mailing ballots to and from the electorate is encouraged. 27. Politicians shall adhere to the Right of Communication and truthfulness, disregard of which may result in disqualification. 28. Detection of voter fraud may be cause to rerun the election in that district or precinct.29. All publicly accessible news media shall report any political campaign news of candidates and ballot issues with reasonable equity, and without regard to popularity, and may not display placings or project winners until all voting is completed. 30. Any publicly displayed political campaign debates may not exclude any electoral qualified political candidates or ballot advocacy participants, except for those debates aimed at specific issues or regions. 31. Congress may not enact any laws from the beginning of regular campaigns until the beginning of the next session after the election, except those laws that are passed by a 3/5 majority. 32 Amendments to this Constitution may be initiated by any and in accordance with the Rights, and then need the approval of 3/5 of each house of Congress, and then 3/4 of the States and the Amendment may not have any alterations once it has been approved by Congress; or it may be passed by 3/5 of popular vote by the citizens.
SECTION 2
LEGISLATION 1. The Congress of the United States shall have the power to legislate all that is needed for the good of the nation within the limitations of this Constitution and the approval of the President and the Courts and shall delegate to the various States such powers of legislation as the States may need. 2. A legislator may cast only one vote for each single issue, but Approval Voting may be used for competing proposals on the same issues. 3. Congress shall legislate those Laws and Rules necessary to implement this Constitution. 4. All legislation shall fit one of four categories: Laws; with behavioral modification and/or penal and/or financial consequences if disregarded: Rules and Regulations; with civil and/or financial consequences if disregarded: and Imposed Contracts of Equity; with financial consequences if disregarded: and Proclamations; which honor or sanction a person, place or thing. All of which shall be ethically based. 5. All legislation shall be written in such an unambiguous manner as to be understood by most persons, and all Laws, Rules, Regulations and Imposed Contracts of Equity shall be cross-referenced with all other applicable Laws, Rules and Regulations and Imposed Contracts of Equity before enforcement. 6.All legislation requires the approval of a majority of each House and may only have related amendments, except as provided elsewhere. 7. All legislation shall, at a minimum, pass all three Houses by a majority of votes. 8. Two Houses may, by a majority of three-quarters of votes of each House, overrule the third House. 9. Legislation for Funding and Military Conflicts must pass with two-thirds majority of all three Houses. 10. All legislation must, within seven days of Congressional approval, be delivered to the President for final approval, and the President, upon approval of all or part, shall sign the approved portions of the legislation within seven days of receiving it; 11. Legislation vetoed by the President shall need a 2/3 majority vote of each House to be approved; or if the President fails to sign the legislation, it shall be considered approved and it shall be signed by the ranking Councilor. 12.The President shall give specific written reasons for any disapproval or failure to approve presented legislation. 13. No Law, Rule, Regulation, or Contract of Imposed Equity may be retroactive, except with the approval of the Supreme Court, and all Laws, Rules and Regulations shall have an inclusive proclaimed basis of rationality and shall allow any reasonable way to reach the goals of the law. 14. Budget and revenue legislation shall originate with the House of Councilors, and all revenues shall be by Imposed Contracts of Equity and shall not exceed five years duration but may be renewed. 15.The President shall negotiate all foreign treaties, foreign agreements and foreign trade agreements and they shall be approved by a 3/5 majority of each House of Congress and may not be approved at any undue expense to the Citizens or the Laws of the United States, and may be challenged in Court on that basis. 16. Any lesser legislative body must show a compelling need to have Laws and Rules that vary from the nationally accepted norms. 17.Each branch of any government shall keep records of all its proceedings and all the voting of each of its members and shall publish these records in various forms in a timely manner for the public use, whether such proceedings are conducted in an open forum or not. 18.Casual political discussions, jury deliberations, and matters of national security classified by the National Security Commission are exempted.
SECTION 3
JUSTICE 1. Justice is not to exact punishment, but to seek the truth and to rehabilitate the offender; and determine fairness and create a remedy. 2. Retribution is solely the domain of the aggrieved, whether private or public, and may only be financial. 3. Governments shall divide offenses into categories and subcategories, and the various categories and subcategories shall be assigned a point quantity, and when an accused is found guilty of an offense then the convicted is assigned a quantity of points according to the level of the offense, and the accumulation of a predetermined number of points shall be the basis for a requirement of rehabilitation, regardless of how and where the points were given. 4. Time and behavior shall mitigate the points. 5. The Right of the Writ of Habeas Corpus may never be suspended for any defendant, and no one may be held without charge for more than 10 days, nor be denied legal counsel, and shall not be required to testify against themself and shall be offered the same upon arrest. 6. No cruel, unusual, or debilitating methods may be used in any form of inquiry, discipline or control and no one shall be required to incriminate themself. 7. All criminal cases at and above a level set by Congress shall be first brought before a Grand Jury and all known evidence and witnesses shall be presented. 8. If an indictment is handed down, then the Jurisdictional Judge shall have a closed hearing to determine the validity of the case, and another Judge, randomly chosen from another jurisdiction, shall review the entire case, and it may be remanded back to the Grand Jury if fault is found, including failure to indict. 9. When a true Bill of Indictment is completed it shall be made public; otherwise there is no criminal case and the Grand Jury action shall remain sealed and not revisited. 10. Trials shall be held as expeditiously as possible but with reasonable time for preparation. 11. Trial Judges should be proactive and question all sides of the case at trial to clarify to themselves and to the Jury(ies) the issues being raised and may introduce uncovered issues in a quest to discover the more complete truth. 12. At any time during trial Jury members are encouraged to openly ask questions to be answered by the Judge and/or Counselors. 13. No reasonably relevant argument may be excluded from being heard, and the Jury shall be the Arbiter of what is relevant and what has been legitimately decided prior; except that the Judge may instruct the Jury in what has been decided prior and the counselors may argue relevancy. 14. Minor cases with audio and/or visual record of the offense may be heard by a Judge or the Defendant may ask for a Jury Trial for such a case, 15. In all cases brought by a government, the burden of proof shall be upon the government, and the government shall be responsible for all costs of lost cases and Defendant’s ignorance of the law may be a valid defense for leniency if the law is so vague or complex as to be unknown or misunderstood by the Defendant. 16. Both the prosecution and the defense shall have like teams of Investigators and Counselors to seek the truth and the findings of both teams shall be presented to the Court in an unbiased manner. 17. Final resolution of criminal cases, public entities civil cases, and any case involving public policy, safety, health, or welfare, may not be sealed from public view. 18. Court proceedings of Minors may be sealed from public view and no Minor shall be tried as an adult 19. All Juries shall be selected by random lot from a pool of Trained Jurists, whose level of training shall increase with the level of the Trial, and who shall be adequately compensated for their time, but nevertheless, no juror may be a full-time juror, and Jurors may be called from other jurisdictions. 20. Congress shall set the sizes of the various juries. 21. Juries retain the right to Overrule or Nullify the application of the law by the prosecutor and/or judge and the jury may be overruled by a higher Court. 22. No private entity may be prosecuted beyond an acquittal by any government for the same incidents of criminal and/or civil offense; and all related criminal and/or civil conducts to be charged by the governments shall be brought and tried by those governments at the same time in the highest appropriate level of Court, unless the accused elects to have separate trials. 23. Any case involving national security issues shall be heard and witnessed by participants cleared to the level of security needed, and only that part of the trial that is secured may be withheld from the public. 24. The results of such a trial are nonetheless public. 25. Governments may not be shielded by raising security issues in any trial, nor may any secure or security evidence be withheld. 26. No private entity may impose a fine or fee as a penalty, and any liquidated damages may not exceed a reasonable actual cost, nor may a Criminal Court award Damages to Complainants. 27. Private civil cases may be brought separately. 28. No Incarceration or Sanction may be continued for any expired, or repealed, or overturned Law, Rule, Regulation or Imposed Contract of Equity; and a remedy shall be found for those sanctioned under such past legislation. 29. A person convicted of an extremely heinous crime by the unanimous vote of two independent juries, hearing the case together, may be exiled or imprisoned for life. 30. Anyone convicted of a crime shall nonetheless have such opportunities as may be afforded by technologies and any emerging evidence to show innocence or rehabilitation and those convicted of crime and rehabilitated, shall be restored to full citizenship. 30. Only Life Offense Crimes shall be without a Statute of Limitation, and no other Statute of Limitation shall exceed 20 years, and all other crimes shall have a Statute of Limitation of lesser duration. 31. Any public official acting in the capacity as such, may be held personally accountable for acts of gross negligence and liable for acts of malice. 32. A contract may be unenforceable if dubious, coerced or unreasonably one-sided. 33. Reasonable restrictions on the Rights of individuals may be imposed by a Judge for individuals under indictment or conviction. 34. Contempt of Court or Contempt of Congress shall be treated as any other crime and have charges independently brought and prosecuted. 35. No one may be convicted of a major crime solely on the testimony of one eyewitness. 36. Except as otherwise allowed, no government Judicial System may outsource to private concerns the tasks of incarceration, parole, probation, collection of fines, or any other judicial function, nor may they preemptively confiscate or impound any property without due process.
ARTICLE IV
GOVERNMENTAL FUNCTIONS
FISCAL 1. Fiscal policy is for the long-term good of the whole. 2.Only the United States government shall coin and print, issue, and distribute money imprinted as currency of the United States of America, and shall do so through the Treasury Department and the Central Bank. 3. Private negotiable notes of credit are permitted and are to bear no visual resemblance to the currency of the United States of America. 4. Money is property and is a medium of trust and exchange for goods and services. 5. Only lawfully appropriated monies may be withdrawn from the Treasury, and accounting based on good practices shall be used to record all public monies, and these accountings shall be available in various forms to the public at all times. 6. Congress shall establish a Consumer Protection Agency to protect the public from consumer fraud in all its forms. 7. The United States government shall own and operate a full-service national banking system, consisting of a Central Bank, and regional and local banks of sufficient quantity to serve the country. 8. The national banking system shall be under the control of the Treasury Department and shall institute a policy of lending and technology that encourages a good distribution of wealth within society. 9. All other banks shall operate under rules of the Treasury Department. 10. The level of monetary distribution may be accomplished only by the control of the volume of currency, credit, and/or the level of reserves in all banks; and the level of regional distribution may be used to maintain equity between the regions. 11. The national banking system’s central bank shall establish and maintain levels of per capita money that closely follow the levels of natural inflation. with short-falls of per-capita funds collected by the U.S. Treasury as taxes. 12. Monies in excess of per-capita goals in a shrinking population shall be collected as taxes and shall be retired by the central bank. 13. The national banking system shall be audited on an annual basis and the results made public in a timely manner. 14. Interest rates charged for national banking system money shall only be sufficient to cover the operating cost of the banking system. 15.National banking system consumer interest rates may vary depending on the purpose of the loan but nevertheless may not exceed a statutory usury limit as set by Congress. 16. Congress shall set a maximum interest rate for all lending, above which would be considered usury and illegal.. 17. Deficit spending by the government may be permitted when approved by 3/5 majority vote of Congress, and only when a repayment plan is part of the spending legislation. 18. A 3/4 majority will be needed to alter or delay any repayment plan. * 19. In any act of repossession and sale of the repossessed, the repossessor shall sell by public auction the repossessed at as close to market value as practical, but in no case less than 80% of that value, and excess of the owed amount less reasonable expenses shall be returned to the original owner. 20. Congress may restrict the transfer of US currency to outside the United States and/or its protectorates. 21. All governmental monetary support to resident families or individuals shall be drawn from the general fund. 22. Congress shall establish minimum wage scales at liveable levels that are continually at or above comfortable subsistence levels. 23. No political division or subdivision shall offer physical or fiscal incentives to any business for that business to establish or to maintain itself in that location.
TAXES AND FEES 1. No direct taxes may be based directly on the amount of an individual’s earned income up to an amount equal to two times the median national income, except that an individual’s level of earned income may become modifiers for other taxes and fees, including a wealth tax. 2. A windfall income above two times the median national income may be averaged over the prior three years. 3. Income taxes, consumption taxes, and other taxes and fees may be imposed on corporations. 4. Graduated transfer taxes may be imposed in lieu of sales taxes on financial transactions. 5. Local property taxes may not be based on a perceived value, but rather on hard evidence such as size, cost to municipality and general fund requirements. 6. The total of all revenue collected may not exceed 50% of the GDP or GPI, or any other useful measure of the economy; except in times of a declared national emergency. 7. Sales prices of consumer goods shall include all applied taxes.
RETIREMENTS 1. Congress shall establish and set rules for a retirement and disability fund to allow retired or disabled citizens to live in reasonable health and comfort. 2. This does not preclude personal or corporate retirement funds.
DISMISSALS 1. Congress shall establish Laws and Rules of Behavior and Consequences for all categories of elected positions. 2. Congress may impeach any elected or temporarily appointed replacement for an elected member of the government for cause of gross or repeated unethical behavior or violation of law or rule; and upon conviction, the impeached may be reprimanded, censured in writing, or removed from office. 3. No other sanction may be administered by Congress. 4. All charges shall be brought through the House of Representatives and all evidence shall be next heard by a Court of Appeals for approval of the charge, and then the charge shall be tried by a Select Committee from the House of Councilors as if in a Court of Law.5. Convictions shall require a 3/5 majority vote of the committee and a like affirmation of the full House of Councilors. 6. Upon conviction of unethical behavior and removal from office, elected officers may immediately stand for electoral approval or disapproval, and upon approval may resume their office otherwise they must vacate their office. 7. All convicted for violation of law or rule and removed from office must vacate their office and all those convicted may also face judicial proceedings and if found not guilty may run for office the next election. 8. All politically hired personnel may be reprimanded, censured in writing, or dismissed for cause by their immediate employer when such cause is written prior to the infraction; and that cause shall be uniformly applied.
RESTRICTIONS 1. Except for incidentals, an employee of any government may not directly benefit from any personally exerted financial influences of any kind with any contractor or vendor doing business with that government, before two years of time and without prescience. UNIONS 1. A local workers’ or trade Union may not extend its bargaining size beyond the scope and size of its immediate employer; nor may an employer extend its bargaining scope and size beyond that of a local union it is negotiating with; nor may an employer refuse to allow the formation of any Union of any of its employees. 2. A Union may be of any size with any particular employer and may include any willing members and when anyone benefits from Union negotiations, they must contribute proportionally to the Union. 3. This does not preclude the formation of local, state, national, and international Unions. 4. All corporate conditions of employment for union and non union workers shall be publicly available.
PROFESSIONS 1. Governments may subscribe to uniform certification criteria for professions of health, safety and welfare; and issue certifications and titles, but may not require a level of formal education for such certification and must demonstrate compelling reasons for profession to be certified, and if certified must allow for more than one level of certification.
UTILITIES Any minimally competitive or noncompetitive business that is generally accepted as being necessary to the public shall be considered a utility. 2. Such businesses are considered best owned by the public. 3. These businesses include, but are not limited to: water, sewerage, electricity, municipal gas, public communication access, public roads, bridges, emergency services, public schools, public universities, prisons, and public banking. 4. Private regulated competitors to public utilities are permitted, but they must bear the full cost of the business.
CONDITIONS OF INCORPORATION 1. A corporation is a regulated business or venture that has no Rights and is held at the will of the Government, whether Federal or State, which shall establish its limitations, social and fiduciary responsibilities, and privileges, except that State issued Corporation Charters shall limit that Corporation to that State. 2. All publicly held corporations and corporations with more than 100 employees shall issue to certain employees of these corporations such stock as set by Congress so as to allow the employees to have a meaningful voice in the management of the corporation. 3. No Corporation may own or control another Corporation. 4. Except for a limited time for startup investments, all stock in a Corporation shall be treated equally. 5. Management of all corporations may be held liable for illegal acts of the corporations and accountable for the actions of the corporation.
INTELLECTUAL PROPERTIES 1. The United States government shall issue protections of Patent and Copyright to promote the arts and industries for up to 10 years for Patents, and up to life plus10 years for an originator’s privately held Copyrights, and up to 20 years for Commercial Copyrights: all from the time of issuance. 2. In no case can the transfer of ownership of existing Patents or license to a Patent be allowed as a means to curtail the use of that Patent or license. 3. Only a design for a common phrase or name may be Copyrighted. 4. No living organism may be Patented, however, a formula for the alteration of a living organism may be Copyrighted. 5. Any genetically engineered or unnaturally modified organism shall be thoroughly examined and tested for compatibility and safety before being allowed on the open market.
MILITARY 1. The role of the Military is first the back up for foreign ethical, peaceful negotiations, and then the force needed to protect the ethical interest of the United States. 2.The United States shall maintain a Military and the President is the Commander-in-Chief, and may, with the approval of 2/3 majority vote of the President’s Administrative Advisory Council and notification to the Congressional leadership, commit the Military to no more than seven days of conflict in any one episode, which any House of Congress may revoke by majority vote at anytime before and during the seven days; and the President must have a 3/5 majority vote approval of Congress to extend that commitment. 3. Military actions may not be initiated for reasons of economics, religion, or politics, except in reply to physical aggression. 4.There is one unified United States Military that may have no less than 2/3 of its personnel from conscripts. 5.All leadership positions are earned by demonstration and are to be treated separate from knowledge positions that merit acknowledgment, but the two types may be held by one individual. 6. All members of the Officer Corps must have risen through the ranks to a transition point set by Congress so as to understand the needs of the enlisted. 7. Each of the various states shall maintain a State Militia, independent of the United States Military, and these Militias, shall be under the command of the United States military only when there is actual or imminent danger of hostile actions against the United States and/or its territories by foreign power or foreign instigators or when there is a natural disaster that crosses state lines. 8. Either of these needs shall be certified by 3/4 majority vote of the President’s existing Administrative Advisory Council or either a majority of Congress or a majority of the Governors of the various States. 9. The Military and or State Militias may be utilized to augment civil functions, but may not be used in any armed capacity against an unarmed civil unrest. 10. The United States Military and the State Militias must strictly adhere to this Constitution. 11. Military Peacetime Rules and Military Conflict Rules with upper categories of infractions administered by Civilian Courts, shall be established by Congress to promote the discipline of the Militaries, and shall apply these Rules to both the active duty United States Military and active-duty State Militias. 12. Military family benefits may not be punitively reduced. 13. Knowledge pay and benefits may not be diminished except for absence or poor work performance. 14. No civilian Police force in the United States may act in a paramilitary manner, nor maintain military equipment except under the direct control of a panel of at least three disparate sitting judges, and may not engage peaceful protesters and/or civil disobedience with riot tactics and equipment. 15. No citizen of the United States may be a military mercenary in a another country, without the approval of Congress and /or an appropriate Court.
PUBLIC RESOURCES 1. All Public Resources shall be held in the Public Trust for the benefit of the public and as such, all licenses for use of Public Resources shall include the public’s participation in the benefits, financial and otherwise, of such licenses. 2. Public Resources include, but are not limited to: air greater than 300m above the Earth’s surface, energy and mineral sources that are greater than 150m below the Earth’s surface, public lands and water holdings; ground, air, and water rights-of-way, and transmission of receivable frequencies through space, atmosphere, water, and/or Earth. 3.Commercial public transmission through any Natural Public resource shall be free to the receiver. 4. Facilities for transmissions and movement through, and, or on any publicly granted rights-of-way shall be offered and granted to competitors at competitive rates. 5. Congress shall establish such regulatory agencies that it deems in the public interest to assure editorial diversity and competitive marketplaces. 6. Private land is held in stewardship and is held subject to rules and regulations for the public good. 7. Private land stewardship is of deeded land, and except for navigation channels, includes the legally constrained control and use of the water’s bottom to the middle of water of about 300m wide or less at mean high tide, or normal water level on non-tidal water; or of dryland to the mean high water line or the limit of normal water or the limit of normal beaches, whichever is less, on all navigable waters over 300m wide. 8. Control and use of such deeded land shall include the air to 300 m above the earth, and the earth, and except for the water in aquifers, all therein down 250m from the surface. 9. Any body of water completely surrounded by private land shall be considered private except that the water and mobile creatures in any body of water with any publicly owned access shall be considered public. 10. Extraction of minerals or energy from the earth may not be done at the detriment of an unwilling surface landholder or of the environment, including those such as water and air.
MEASURES 1.The United States and its jurisdictions shall abide by international norms for all forms of measures in all the business of the government.
LANGUAGE 1. The United States shall use as its official language the most efficient and complete language that the population at large understands. 2. That language is currently the English language. 3. This does not exclude the use of any other languages by governments or businesses.
MONOPOLIES 1. Neither the United States government nor any lesser governments may promote, condone, or otherwise allow any private monopoly or near monopoly, except that of an affair that would otherwise be protected by patent or copyright, and then only for the duration of the original patent or copyright. Monopolies are said to exist when controlling interests also have a controlling portion of that industry in any one area, no matter how large.
ARTIFICIAL SYMBOLS 1. Except for governmental seals and copyrighted designs, no other artificial symbols of the United States or any of its jurisdictions may have the protection of law except when copyrighted or patented.
Respectfully Offered B J Egeli