The New Constitution Of The United States Of America

8/14/2019 The New Constitution Of The United States Of America

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(proposed)

Constitutional Framework

for the

Government

of the

United States

with the

United States Founding Charter, 1776

(The Declaration of Independence)


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The cover image combines both the external and internal inspections and repair of the

Liberty statue, because she is a beacon that represents or freedom and our rights.

When we, the keepers of Liberty, fail to properly maintain or abandon our beacon

altogether, others move in to use her for treachery promising false hope, so they might

steal the fortunes of others.


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An Author's Note

The true authors of this work are many. Naming one honors none.

Far too many citizens do not understand their most important rights, let alone the True

Power of those rights. Aside from introducing a new form of government, this

publication provides instruction about understanding those rights as well as our duty to

maintain them.

The Declaration of Independence is the Founding Charter that created the United States.

It promises a new and better government.

Government, when defective, leaves us few options; modify it, if possible; when

necessary, replace it.

It is our Duty, as the governed, to frequently and thoroughly inspect every aspect of our

government for corruption; when found, we must act swiftly to correct it. With timely

repair, this Constitution shall rest secure on our Union's Foundation.

Should we, or our posterity, fail our Duty our neglect allows corruption to ravage

and destroy us from within.

As the primary author, I sincerely hope you accept this work as your own, telling others

so that together we might take rightful control of our government.

From the Primary Author


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To unite consists of more than merely agreeing:

It requires working together for a common objective.


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Preface

In the united words of our Founders, from their 1776 Unanimous Declaration, they

instruct us, their posterity, as to when it becomes necessary to institute new forms of

government. It is that necessity, the long train of abuses and usurpations that require us to

act.


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United States Founding Charter, 1776

For ease of reading and for reference: The numbered paragraphs replace many of the

original long dashes. The following text results from comparing copies of the signed

hand-written Declaration, as well as copies of the type-set broad-sheet. Most of the

capitalized letters are in lower-case. The misspelled words are corrected.

1. When in the course of human events, it becomes necessary for one people todissolve the political bands which have connected them with another, and to

assume among the powers of the earth, the separate and equal station to which the

laws of nature and of nature's god entitle them, a decent respect to the opinions of

mankind requires that they should declare the causes which impel them to the

separation.

2. We hold these truths to be self-evident, that all men are created equal, that theyare endowed by their creator with certain unalienable rights, that among these are

life, liberty and the pursuit of happiness.

3. That to secure these rights, governments are instituted among men, deriving theirjust powers from the consent of the governed, That whenever any form of

government becomes destructive of these ends, it is the right of the people to alter

or to abolish it, and to institute new government, laying its foundation on such

principles and organizing its powers in such form, as to them shall seem most

likely to effect their safety and happiness.


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4. Prudence, indeed, will dictate that governments long established should not bechanged for light and transient causes; and accordingly all experience hath shown

that mankind are more disposed to suffer, while evils are sufferable, than to right

themselves by abolishing the forms to which they are accustomed.

5. But when a long train of abuses and usurpations, pursuing invariably the sameobject evinces a design to reduce them under absolute despotism, it is their right,

it is their duty, to throw off such government, and to provide new guards for their

future security.

6. Such has been the patient sufferance of these colonies; and such is now thenecessity which constrains them to alter their former systems of government. The

history of the present King of Great Britain is a history of repeated injuries and

usurpations, all having in direct object the establishment of an absolute tyranny

over these states. To prove this, let facts be submitted to a candid world.

7. He has refused his assent to laws, the most wholesome and necessary for thepublic good.

8. He has forbidden his governors to pass laws of immediate and pressingimportance, unless suspended in their operation till his assent should be obtained;

and when so suspended, he has utterly neglected to attend to them.

9. He has refused to pass other laws for the accommodation of large districts ofpeople, unless those people would relinquish the right of representation in the

legislature, a right inestimable to them and formidable to tyrants only.


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10.He has called together legislative bodies at places unusual, uncomfortable, anddistant from the depository of their public records, for the sole purpose of

fatiguing them into compliance with his measures.

11.He has dissolved representative houses repeatedly, for opposing with manlyfirmness his invasions on the rights of the people.

12.He has refused for a long time, after such dissolutions, to cause others to beelected; whereby the legislative powers, incapable of annihilation, have returned

to the people at large for their exercise; the state remaining in the mean time

exposed to all the dangers of invasion from without, and convulsions within.

13.He has endeavored to prevent the population of these states; for that purposeobstructing the laws for naturalization of foreigners; refusing to pass others to

encourage their migrations hither, and raising the conditions of new

appropriations of lands.

14.He has obstructed the administration of justice, by refusing his assent to laws forestablishing judiciary powers.

15.He has made judges dependent on his will alone, for the tenure of their offices,and the amount and payment of their salaries.

16.He has erected a multitude of new offices, and sent hither swarms of officers toharass our people, and eat out their substance.

17.He has kept among us, in times of peace, standing armies without the consent ofour legislatures.


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18.He has affected to render the military independent of and superior to the civilpower.

19.He has combined with others to subject us to a jurisdiction foreign to ourconstitution, and unacknowledged by our laws; giving his assent to their acts of

pretended legislation:

20.For quartering large bodies of armed troops among us:21.For protecting them, by a mock trial, from punishment for any murders which

they should commit on the inhabitants of these states:

22.For cutting off our trade with all parts of the world:23.For imposing taxes on us without our consent:24.For depriving us in many cases, of the benefits of trial by jury:25.For transporting us beyond seas to be tried for pretended offenses:26.For abolishing the free system of English laws in a neighboring province,

establishing therein an arbitrary government, and enlarging its boundaries so as to

render it at once an example and fit instrument for introducing the same absolute

rule into these colonies:

27.For taking away our charters, abolishing our most valuable laws, and alteringfundamentally the forms of our governments:

28.For suspending our own legislatures, and declaring themselves invested withpower to legislate for us in all cases whatsoever.


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29.He has abdicated government here, by declaring us out of his protection andwaging war against us.

30.He has plundered our seas, ravaged our coasts, burnt our towns, and destroyedthe lives of our people.

31.He is at this time transporting large armies of foreign mercenaries to completethe works of death, desolation and tyranny, already begun with circumstances of

cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally

unworthy the head of a civilized nation.

32.He has constrained our fellow citizens taken captive on the high seas to beararms against their country, to become the executioners of their friends and

brethren, or to fall themselves by their hands.

33.He has excited domestic insurrections amongst us, and has endeavored to bringon the inhabitants of our frontiers, the merciless Indian savages, whose known

rule of warfare, is an undistinguished destruction, of all ages, sexes and

conditions.

34.In every stage of these oppressions we have petitioned for redress in the mosthumble terms: Our repeated petitions have been answered only by repeated injury.

A Prince, whose character is thus marked by every act which may define a Tyrant,

is unfit to be the ruler of a Free People.


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35.Nor have we been wanting in attentions to our British brethren. We have warnedthem from time to time of attempts by their legislature to extend an unwarrantable

jurisdiction over us. We have reminded them of the circumstances of our

emigration and settlement here. We have appealed to their native justice and

magnanimity, and we have conjured them by the ties of our common kindred to

disavow these usurpations, which would inevitably interrupt our connections and

correspondence. They too have been deaf to the voice of justice and of

consanguinity. We must, therefore, acquiesce in the necessity, which denounces

our separation, and hold them, as we hold the rest of mankind, Enemies in War, in

Peace, Friends.

36.We, therefore, the Representatives of the united States of America, in GeneralCongress, assembled, appealing to the supreme judge of the world for the

rectitude of our intentions, do, in the name, and by authority of the good people of

these colonies, solemnly publish and declare, That these United Colonies are, and

of right ought to be Free and Independent States; that they are absolved from all

allegiance to the British Crown, and that all political connection between them

and the State of Great Britain, is and ought to be totally dissolved; and that as

Free and Independent States, they have full power to levy war, conclude peace,

contract alliances, establish commerce, and to do all other acts and things which

Independent States may of right do.

37.And for the support of this Declaration, with a firm reliance on the protection ofdivine providence, we mutually pledge to each other our lives, our fortunes, and

our sacred honor.


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The End of the Unanimous Declaration of 1776: Without Founders signatures.


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Summary of the

1776 United States Founding Charter

The United States Founding Charter

1. Is a legal document that

a. Separated the political powers of the Colonies from those of Great Britain.

b. Created the United States of America out of the British Colonies.

c. Declares honorable government is created by and subject to the consent of the

governed.

d. Names the people's most important rights and duties.

e. Defines representative power.

f. Defines citizenship responsibility and risks.

g. Defines a tyrant or otherwise oppressive, usurping, and abusive government.


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2. Is a letter to

a. The King of Great Britain.

b. The world.

c. The people of the then-new United States.

d. The Founders' heirs us the current generation.

e. All who might govern the people of the United States.

3. Is a treasure map that

a. Identifies our national treasure the people's rights.

b. Identifies all the people as our treasure's guardians.

c. Lets us know how we might lose our treasure.

d. Identifies the pirates: tyrants who might take our treasure.

e. Tells us how to re-acquire our treasure when we lose it.

f. Warns patriots of potential dangers.


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4. Summarizes human nature and the nature of government, as it identifies

a. Human nature to become accustomed to abuses.

b. Rights common to all humans.

c. Government's natural tendency toward tyranny.

d. How adversity helps motivate us.

e. How we the people might control our governments.


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Preamble Pledge

We the Citizens of the United of States, in order to form a more perfect Union, establish

justice, ensure domestic tranquility, provide for the common defense, promote the general

well-being of the Union, encourage self-sufficiency with social responsibility, do

mutually pledge to each other our lives, our fortunes, and our sacred honor, to secure the

blessings of liberty to ourselves and our posterity. Taking responsibility for our actions

and for our government, we do ordain and establish this Constitution.


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Article I. Definitions

The following definitions are for this Constitution. When enacted by the people, these

definitions shall replace those in prior enacted laws as well as all laws enacted hereafter.

1. Citizen: Any person who legally resides within and maintains permanentresidence within the jurisdiction of any Nation-State (a National Union or any

politically independent State). Dual- or Multiple-Citizenships shall not exist under

this Constitution.

2. Citizen, (native-born): One who, regardless of the country in which the person isborn, shall retain the citizenship of the mother and/or father. Where conflict

occurs, the child shall enjoy the citizenship of the mother.

3. Citizen, (naturalized): One who applies for citizenship within a Nation-State andis accepted.

4. Legislation: Any means by which to regulate the activity, property, or finances ofone person or the people collectively via political power.

5. People: The population, collectively.6. Political Jurisdiction: The respective geographical area the office and level of

government an elected official serves. Otherwise: The city, town, or village

wherein a person maintains their permanent legal residence, which are the

smallest political jurisdictions. Respectively, county, state, and National Union

are progressively larger political jurisdictions.


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7. Public Trust: All enacted legislation appropriate to the jurisdiction the electedofficial serves, as well as promises the official made while campaigning for office

that do not conflict with enacted legislation.

8. Representative: Any person elected by the people into the executive and thejudicial offices in all levels of government. Others who represent the people but

are not elected, include all those whom elected officials appoint, hire, or contract

with to perform work authorized by the people.

9. Treason: Consists of a person or group levying war against the people of anypolitical jurisdiction wherein they live, or in adhering to their enemies, giving

them aid and comfort. Betrayal of a public trust shall also constitute treason under

this Constitution. No person shall be convicted of treason unless on the testimony

of two witnesses to the same act, or on long-form confession of the accused

before a jury in an open and public court.

10.Tyrant, Tyranny: Any one or more of the acts listed in the grievances outlined inthe 1776 United States Founding Charter against King George III of Great-Britain


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Article II. The Foundation

1. The Unanimous Declaration of 1776 (commonly known as the Declaration ofIndependence) is the Founding Charter that created this Union of States from the

previously owned British Colonies.

2. For the times when our government abuses or usurps the authority and power thepeople grant to it, the Founding Charter reminds us that it is not only our right, it

is our duty, to alter, to abolish, or to otherwise free ourselves from such

government and to institute a new Rule of Law for our future security and

happiness.

3. No level or branch of government under this Constitution shall have any powerthat was not specifically granted to it by the people subject to its jurisdiction.

4. As individuals, we are the governed. Collectively, we posses the sovereign powerto control our government.

5. Our Founders, in keeping with the ideals they established within the FoundingCharter, freed themselves from the tyranny of Great Britain's form of government,

replacing it with The Articles of Confederation.

6. Our Founders soon realized the Articles tended toward too weak a governmentwithout sufficient powers to bind the Union and provide for its future defense,

they abolished the Articles of Confederation and replaced them with the 1787

Constitution.


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7. The 1787 Constitution created a strong government that united all the states underthe same Supreme Law. The Founders intended the 1787 Constitution to prevent

our government from tyrannizing us, so they altered our 1787 Constitution and

added The Bill of Rights.

8. The new government that our Founders and Constitutional Framers createdoutlived them. They did not see their our government evolve into a tyranny,

committing the same political abuses they identified for us, the very acts of

government that many of them risked their lives, fortunes, and sacred honor to

defeat in the mid 1700's.

9. In the united words of our Founders, from their 1776 Unanimous Declaration,they instruct us as to when it becomes necessary to institute new forms of

government. It is that necessity, the long train of abuses and usurpations that

requires our action.


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Article III. Direct Bicameral Legislative Branch

1. The Rule of Law is government according to enacted legislation. Enactedlegislation in honorable governments originates via the authority of the governed.

2. Origination: Any citizen may initiate legislative proposals. However, alllegislative votes shall begin in the First House of the city, town, or village's that

the proposed legislation intends to govern.

3. All Legislative Power of the United States and every state, county, and city,town, or village shall reside in the people, who collectively shall enact all

legislation, determine the fair penalty for punishing offenders, as well as provide

need funding for implementation.

4. The First House shall consist of all citizens eligible to vote who attained eighteenyears of age and older, as well as those under eighteen who are legally

emancipated minors and/or members of the United States Armed Forces; unless,

at the time of voting, they are serving any portion of a sentence for a crime of

which they were duly convicted, also including minor crimes.

5. The Second House consists of the actual number of political jurisdictionsaccording to the number of cites, towns, and villages within a county; the number

of counties within a state; the states in a National Union; and progressively into

each larger political jurisdiction. Each lower-level political jurisdiction shall have

one vote in the Second House of the next-larger jurisdiction to which it belongs.


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6. Legislation (required elements): When considering legislation to control thelives of others, decide whether or not you object to opposing legislation to

regulate your activity regarding the subject at hand.

7. A Free Society limits legislation to that purpose which prevents a person or groupof people from violating the rights of another person or group who are not

harming or causing harm to another or their property. For purposes herein, harm

shall consist only of tangible and physical harm.

8. All legislation shall contain a preamble, the purpose that identifies what part ofthis Constitution authorizes the legislation and how the proposed legislation

improves, strengthens, and perfects the political jurisdiction for which the

legislation was written.

9. Legislation that does not specifically state a penalty for punishing violators or themanner in which to fund it, that legislation shall be unenforceable and void.

10.To advance legislation into each progressively-larger political jurisdiction, thelegislation shall be word-for-word identical, including the penalty and manner of

funding.

11.Proposed legislation shall contain only one clearly defined issue.12.All proposed legislation shall be worded in such a manner that a YES vote favors

the proposed change.


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13.Checks and Balances: Requiring legislation to attain two-thirds or greater vote inboth Houses, the larger population centers are unable to control the smaller; also

preventing the more-numerous smaller population centers from controlling the

larger-but-fewer. Legislation reaching as high as a city, town, or any of the

progressively larger political jurisdictions, only the people of the largest political

jurisdiction that enacts the legislation shall fund and enforce it.

14.Equal media time: Media equality prohibits advertising to reduce campaigncosts, forcing candidates to become news-worthy for their ideas and plans to

improve their political jurisdiction.

15.The publication or broadcasting business shall independently determine the spaceand/or time allotments within their respective coverage area, which must be the

same for each candidate running for the same office during the same election. As

well as equal time and/or space for pro and con sides of legislative proposals.

16.Debates: The political jurisdiction holding the election shall sponsor question-and-answer forums and debates that include all registered candidates who are

willing to participate. Candidates unwilling to participate shall be removed from

the ballot and not allowed to continue that election cycle.

17.In order to provide equal opportunity to attend each forum, the same politicaljurisdiction responsible for the forum shall at least provide ground transportation

for each candidate to and from the closest city hall office that serves the

candidate's official place of residence and the location where the forums take

place.


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18.The jurisdiction sponsoring the debates shall solicit questions from the peoplewithin the jurisdiction the office serves.

19.The moderator shall organize the questions according to topic, then ask thequestion(s) that best solicit information on that topic. During the forums, the

moderator shall allow equal time for each candidate to respond to every question

asked. The candidates shall not be allowed to hear the responses of the other

candidates until after all the questions are asked and answered in this first phase.

Candidates, in the second phase, may challenge and debate other candidates on

specific topics. Each phase shall run until complete, in marathon fashion with a

ten minute break every hour.

20.All question-and-answer sessions shall be video and audio recorded forbroadcasting over radio, television, and Internet; or other communication systems

the people amended into this Constitution. The recorded audio/video of the

question and answer forums and debates, in their entirety, shall also be

commercially available to the people, for which the proceeds shall help fund the

costs of providing these forums.

21.Sixty days after phase two, the first elimination vote shall take place. Should thisencourage an unusually large number of candidates, several elimination voting

rounds shall take place. To reduce the field of candidates after each voting round,

the top twenty percent of candidates advance to the next round of question-and-

answer forums, debates, and voting until one candidate acquires two-thirds or

more votes. In this manner, as many as three-hundred candidates become one in

as few as four eliminations.


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22.Polling stations: All polling stations within the same political jurisdiction thatspans only one time zone shall open and close at the same time so they remain

open during the same twenty-four hour period. For voting that includes multiple

time zones, all polling stations shall open according to the hour of the earliest

time zone and shall close according to the hour of the latest time zone so that all

polling stations shall remain open the same twenty-four hours, plus one hour for

each additional time zone.

23.Method of Voting: All candidate elections and all legislative proposals shall bevoted on by the use of hand-marked paper ballots, requiring an ink mark in the

appropriate box.

24.All ballots shall remain in public view from the time the voter places it into atransparent tumbler, through the time the final vote tally is counted three times

yielding the same totals, certified complete by the official vote counters, and no

less than twenty-four hours after the legal allotted time to contest the vote count

ends.

25.To save time in the vote-counting and to ensure enough ballots are in the tumblerto provide voter privacy; removal of ballots from the tumbler for vote-counting

shall begin no earlier than one hour after the first ballot enters the tumbler. The

ballots shall be drawn from the tumbler in public view, at random, one at a time,

and placed on an overhead projector so that the official vote-counters and the

public may record the results. This allows the public to credibly challenge the

official count. See Broadcasting/Publishing Vote Results..
http://www.portablepublishing.com/index.html#Vote%20Resultshttp://www.portablepublishing.com/index.html#Vote%20Results


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26.The natural hazard of absentee ballots is its openness to fraud. Each absenteevoter shall have their ballot notarized at the time of mailing or upon delivery to

the local town office so their name may be marked as having already voted.

27.The Tally-Sheet shall include the total number of registered voters; the numberof registered voters incarcerated or serving community service during voting day;

the total qualified to vote, which is the total registered to vote minus those

incarcerated or on community service on voting day; the total number of absentee

ballots cast; the total number of ballots cast in person; the total number of ballots

cast, which is the total absentee added to the total in person; the total number of

voters who did not cast a ballot, which is the number of total qualified minus total

number ballots cast; the total number of votes cast in favor of the legislative

proposal; the total number of votes for each candidate whether printed on the

ballot or written in by a voter (even if the name written in is a cartoon character);

the number of ballots cast that do not have a mark next to the proposal or next to

any candidate's name for that office; and the number of vote marks that extend

into more than one box, which shall count in the final tally as though the mark

was not there.

28.For the purpose of tallying all votes, all spaces left blank, as well as every write-invote (whether registered as a candidate or not) shall be counted and published

with the final tallies. Official tally-sheets from the voting precincts shall be

transmitted to the appropriate executive office of each next larger political

jurisdiction for cumulative tallying, ending in the largest appropriate political

jurisdiction.


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29.If the proposed legislation or candidate does not receive the minimum requiredvotes as set forth in this Constitution, the proposal shall not pass or the candidate

shall not take office.

30.Broadcasting/Publishing Vote Results: The total number and/or the percentageof total voters who cast ballots as of a certain time may be broadcast or published

during an election; however, the actual vote count, exit poll or predicted voting

results in any form shall be banned until twenty-four hours after the polls close.

Early broadcasting of vote results or predictions shall constitute a felony.

31.Enacting Legislation: All legislative voting begins in the First House with thepeople in the smallest-level political jurisdictions (cities, towns, and villages)

regardless of the level of political jurisdiction the proposed legislation shall

govern; passing in the First House when two-thirds of the people vote YES. The

Second House vote for each city, town, or village shall be YES when two-thirds

or more of the people of the First House of that city, town, or village approve the

proposed legislation.

32.The First House vote for each progressively larger jurisdiction consists oftabulating the First House votes of the next-smaller level of political jurisdictions.

The Second House vote in each progressively-larger political jurisdiction shall be

YES when at least two-thirds of next-smaller level of political jurisdictions within

vote YES.


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38.In order to enact proposed legislation to a specific political jurisdiction, bothHouses of the named jurisdiction must attain two-thirds or more YES votes.

Without the required two-thirds majority, the proposal fails and is not enforceable

in the lower-level jurisdictions that passed it; unless the lower level enacted the

proposed legislation with a stipulation to allow its enforcement if it failed to pass

in the larger jurisdiction.

39.This process does not guarantee or require that every citizen will approve everylegislative proposal; fortunately, it promotes the greatest participation to improve

each proposal before it moves into larger jurisdictions.

40.This process eliminates the rule of the few over the many; where the majority ofas few as fifteen percent of the total voters who cast a ballot rule all others; or,

where indirect legislative representatives migrate toward refusing to represent the

people while they focus on their personal gain.

41.Electing Officials: A single ballot shall issue with every candidate listed.Candidate names shall appear on the ballot in the order candidates registered for

the office sought. Ballots shall not contain any political party affiliation for any

candidate whatsoever.

42.The People collectively shall directly elect the executive and judicial officers fortheir respective political jurisdictions.


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43.In addition to receiving more votes than any other candidate for the same office,the candidate who takes office must also receive more votes than the combined

total of qualified voters who did not cast a ballot for that office and those who left

the space blank. In this manner, the people are not obligated to vote for the lesser

of evils, which is in fact treasonous as it elects the candidate the voter expects will

harm their political jurisdiction the least.

44.In cases where no candidate receives more votes than the total voters who did notcast a ballot added to voters who left the space blank, the executive and/or judicial

officer shall order a new election. The new ballot shall list all new candidates,

excluding the previous list of candidates preprinted on the ballot, but may include

names of previous write-in candidates.

45.The elected officials, within their appropriate branch and political jurisdiction,shall work together to successfully carry out the duties approved by law, while

also working on the plans and promises they proposed during their campaigns.

Promises that do not conflict with already-enacted legislation shall be approved

by the people for that official to develop plans for with regards to the amount and

manner of funding and implementing promised projects; which, regardless of

form, requires additional legislative approval before implementation.

46.Standard Term Limits shall consist of two, six-year terms, with a person servingin office no longer than twelve years.

47.Ideally, the people might promote, via election, their best qualified leaders fromwithin the smaller political jurisdictions into the larger political jurisdictions in

both the executive and judicial offices.


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48.Heirloom Offices: It is preferred that candidates be at least three generationsremoved from another family member who served in the same political office,

jurisdiction, and level of government that the candidate seeks. This reduces the

ease by which political office and power becomes a family heirloom. The two-

thirds voting requirement reduces the likelihood of this event.

49.Grant of Authority: Upon election, executive and judicial officers obtain thelegal authority to act in the name of the people of their respective political

jurisdictions but only so far as the enacted legislation permits. An election does

not automatically grant authority for an official to enforce or otherwise complete

campaign promises that conflict with legislative authority. Without legislative

authority, elected officials risk the likelihood of impeachment and/or prosecution

for treason against the people. The people may grant or revoke any powers via

their legislative authority.

50.Emergencies: The executive or judicial officers of the affected politicaljurisdiction may call an emergency session for situations where existing enacted

legislature does note already grant them the required authority.

51.Impeachments and Recalls: The people shall hold the sole power ofimpeachment and recall. Petitions that circulate within the affected area shall state

the cause for action as well as the desired remedy and obtain signatures from at

least ten percent of the qualified voters for the purpose of ordering a special

election to remove the named official and/or contract or other acts where the

official unjustly obligated the people.


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52.The signed petitions shall be submitted to the executive officer of the next-largerpolitical jurisdiction; or if already at the largest political jurisdiction, submitted to

the chief officer of the government branch not named in the petition. With ten

days to verify petition signatures, the emergency ballot shall issue for that

political jurisdiction within thirty days. The impeachment vote shall hold to the

same two-thirds standard required for electing the candidate.

53.Repeal and Amendments shall not become effective until the required two-thirdsvote of both Houses of the political jurisdiction to which the legislation elevated

also approves the proposed amendment or repeal.

54.Other Powers: The people, through their legislative process, shall have thepower, through the National Union, to declare war, approve treaties, approve

trade agreements; and through their appropriate political jurisdictions approve

taxation in both the budgeted amounts and the manner collected, determine the

wages and benefits for elected officials, grant pardons, and all other duties as

legislators of right may do according to the rules of this Constitution.

55.All citizens collectively risk their lives, fortunes, and honor in time of war.Citizens of the National Union shall be the ones who decide what wars to initiate,

join, or continue defending.

56.Benefits: From the people of the cities, towns, and villages upward, more peoplebecome aware of legislation as it happens because it works its way up from

smaller jurisdictions into the larger.


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57.This legislative system employs far fewer people in government offices andagencies by abolishing an elected Congress. It eliminates the entire cost of

congressional members, their staff and operating expenses while also abolishing

wasteful pork-barrel spending. This single step redirects trillions of otherwise

wasted tax dollars into worthy projects and programs.

58.Legislation is written for the people to understand without the need for legaltranslators, which reduces court overload.

59.Legislation slowly advances into larger political jurisdictions, allowingimprovements to occur in the lower levels where it is relatively inexpensive to

implement. When starting at the national level, an otherwise minor glitch might

cost billions of dollars to correct.

60.The requirement of attaining two-thirds or more of the eligible votes preventssmaller groups from passing special-interest legislation behind closed doors. It

requires the greatest degree of publicity and voter approval before proposed

legislation or a candidate becomes official.

61.For national voting, there shall be four days set aside as national holidays. the firsttwo days in May; the second two days in November. These days shall replace two

other national holidays


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Article IV. The Executive Branch

1. Qualifications for the local, county, and state jurisdictions shall be as the peopleof each jurisdiction dictate within their respective legislation.

2. The President of the United States shall be at least thirty-five years of age; anative-born citizen; and must live in the United States the fourteen consecutive

years immediately prior to their election. No candidate for the office of President

shall share citizenship with any other Nation-State not yet united under this

Constitution.

3. At the time of registering as a candidate for the office, each candidate shallprovide proof of their birthplace, age, citizenship, and residency requirements,

which shall be available for public inspection.

4. Duties: Without regard as to socio-economic class, to ensure social stability, theexecutive officers shall, without bias, enforce all laws, work to put into effect

approved programs, and complete approved projects.

5. No executive officer shall possess any legislative powers.6. The executive title and other duties shall be those previously defined by

legislation appropriate to the political jurisdiction served, as well as campaign

promises made by the executive officer that do not conflict with enacted

legislation of record.


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7. The President of the United States, as Commander in Chief of the United StatesArmed Forces, shall defend the United States, territories, possessions; and by ally

request and approval of the people of the United States, defend the ally; enforce

legislation that the people elevated into the national level; and through the use of

legislatively approved agencies of the United States, keep the peace within the

United States by assisting state executive officers when requested.

8. The President shall negotiate treaties and trade deals for the United States, subjectto the approval of people, and maintain good standing with other nations of the

world in accordance with established legislation.

9. The office of Vice President shall be filled by the presidential candidate whoreceives the second highest vote count during the presidential elections, regardless

of political party.

10.The Vice President shall assume the office of President should the President die,become incapacitated, or be removed from office by the people. The office of the

Vice President shall be filled by the presidential candidate who received the third

highest vote count during the election, and shall be informed of matters of State.


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11.Should the President and Vice President become incapacitated, die, or be removedfrom office at the same time, two governors shall fill the vacancies of Vice

President and third replacement for the remaining terms or until such time either

one or both shall be reinstated. The governors selected shall be from the states

with the best financial record, lowest crime-rate, and highest education standards;

in that order. Standards shall result from comparative national statistics: Financial

records decided by which has a balanced budget or not. Crime-rate takes into

account the ratios between the state's population and the number of persons

incarcerated (servings a sentence for any crime). Education takes into account the

ratio between the total number of students compared to the total graduating above

average and the number who failed their courses.


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Article V. The Judicial Branch

1. Qualifications: Judicial officers (judges, prosecutors, and defense attorneys) shallbe at least thirty-five years of age, a native-born citizen, and lived in the United

States fourteen years with the year just prior to the election in the district that the

office serves.

2. Each jury shall be chosen from a list of thirty-six randomly drawn qualified voterswho live in the jurisdiction where the crime happened. The names of all the

qualified voters shall be verified by the presiding judge, the prosecuting attorney,

and the defense and placed into a tumbler. Each of the three shall draw twelve

names. Of the thirty-six names drawn, each party shall be entitled to remove up to

six. In judge's chambers, the eighteen remaining jurors shall draw twelve names

from a hat to determine which will serve as the primary jury and which as the

replacement jurors. All eighteen jurors shall sit through the entire trial until

discharged by the court. In addition to legislatively approve compensation, all

those serving jury duty shall receive waivers from the court, which all bill

collectors shall honor. The waiver extends the juror's bills one month without

penalty and without negative mention on any credit report.

3. In both criminal and non-criminal cases, the jury shall consist of twelve memberswho decide the outcome of the case. Juries shall hear only one case at a time,

through to the final verdict.


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4. Duties: Judges shall preside over all criminal and non-criminal cases.5. The courts shall not legislate in any way whatsoever. Every case shall be tried on

its own merits.

6. No judge shall; but juries alone shall decide the guilt or culpability in everycriminal or non-criminal case.

7. Without regard as to socio-economic class and to ensure social stability, judges,shall without bias, sentence the convicted according to the Rule of Law depending

on the finding of the jury.

8. In all criminal cases, with assistance of the defense attorney, judges shall ensurethat the accused is made aware of their rights and that the rights of the accused are

protected against government violations in criminal cases. In non-criminal cases,

the prosecuting and defense attorneys shall assist the judge in ensuring that the

parties understand the laws pertaining to their case. This process shall not prohibit

any party from obtaining independent legal counsel in either criminal or non-

criminal cases.

9. Each larger-level judicial jurisdiction shall serve as the appellate court for thenext-smaller level judicial jurisdiction and shall be the court of original

jurisdiction for all cases resulting from issues and legislation elevated to their

jurisdiction.

10.In both criminal and non-criminal cases, the accused shall be considered innocentuntil proven guilty or culpable.


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11.Except in cases where juries decide a case is frivolous, all court costs, in all casescriminal and non-criminal, regardless of the finding of guilt, culpability, or not

shall be paid by the people out of the appropriate jurisdiction's General Fund

where the trial shall occur; thus providing those lacking financial means the

ability to seek justice via the courts. Every jury shall have the option to decide

whether a case is frivolous; if so, the jury may charge predetermined court costs

to a particular party, whether the prosecutor, defense attorney, the plaintiff(s),

and/or the defendant(s); the value of which shall be served in jail or community

service at a rate of thirty dollars per day, calculated at the current federal

minimum wages.

12.Where there is an increase of a specific crime, the jury shall recommendincreasing the penalty where the crime violates the rights of another; or amending

or repealing the law if the crime resulted from the acts between consenting adults.


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Article VI. Open Records

1. All government meetings, records, acts, and judicial proceedings in all branchesand all government levels shall be open and available to any citizen and to the

press. Secrecy breeds corruption, contempt, and distrust.

2. The citizens of each jurisdiction under this Constitution shall be entitled to all theprivileges and immunities common to all citizens within this Union.

3. A convicted person fleeing one jurisdiction into another shall be subject to returnon the demand of the executive officer of the jurisdiction whence the person fled.

4. A state may remove themselves from this Constitutional Union with the consentof a three-fourths vote in each of both Houses of that state. Or, the Constitutional

Union of states may remove a state from this Union with the consent of three-

fourths vote in each of both Houses of the Constitutional Union.

5. This Constitution shall guarantee to every citizen in this Union a Direct BicameralLegislature in all levels of government with representatives in the executive and

judicial branches elected directly by the people.


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Article VII. Debts Prior to Enactment

1. The treaties, trade agreements, debts, engagements, or obligations entered into bythe representatives of three branches of government under the 1787 Constitution

that they properly presented to the people and to which the people granted their

authority shall be honored under this Constitution.

2. Where treaties, trade agreements, debts, engagements, or obligations entered intoby the representatives of the three branches of government under the 1787

Constitution were not properly presented to the people or obtain their authority

those representatives who consented to the same shall be personally liable for

fulfilling them. The people have the option to re-instate any act on a case-by-case

basis or to bring any living representative to trial for violations of oath and/or

treason.

3. This Constitution, with the afore mentioned Founding Charter, shall be theSupreme Law of this Union, governing the legislative, executive, and judicial

branches of government; and all elected officials including those appointed,

hired, contracted, volunteering, or otherwise conducting business on behalf of a

governmental body shall be bound hereby. A union is only as strong as the

members who want to take part in it.


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Article VIII. Added Political Restrictions

1. Religion: No legislation or other acts of government shall interfere with theestablishment of a religion or the free exercise thereof. Free exercise does not

permit breaking laws in the name of a religion or in the name of any god, nor does

this exempt any religion or member thereof from paying any taxes according to

the same rules that apply to any other business or individual.

2. Speech, Press, Assembly, Petition: No laws or acts of government shall abridgethe freedom of speech, or of the press, or the right of the people peaceably to

assemble, or to petition their government for a redress of grievances. Speaking,

printing, or broadcasting of libel or slander shall be prohibited. Being politically

incorrect shall not be illegal. Remember, Sticks and stones may break my bones

but words can never hurt me. The line that differentiates freedom of speech from

that of harassment seeks to settle conflicts between the rights of one person to

speak with the rights of another to not hear that speech. Common courtesy, the

volume of the exchange, the venue where the exchange occurs, and whether the

words are aimed at a specific person or merely overheard from another's

conversation, among other factors, will help clarify the difference.


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7. Searches: Evidence from searches without a warrant shall be allowed in court solong as the searchers receive prior written consent of the person to be searched or

the owner and occupant of the places to be searched. The written consent shall

include the places to be searched, the items or persons sought, the persons or

things to be seized, and at least two independent witnesses or one notary to

witness the signatures.

8. All searches shall allow for the benefit of the presence of counsel or otherindependent witnesses should the person to be searched or the owner or occupant

of property to be searched make such a request.

9. Without a court order, only the parent(s) or legal guardian(s) can search or grantpermission to search a person who is not yet eighteen years of age or who is not

yet a legally emancipated minor.

10.A person who is not an adult may not authorize or grant consent to a search oftheir person without the consent of their parent(s) or legal guardian(s), or to places

they live or have temporary control of or use of without the consent of the owner

or primary controller of the property.

11.Found Evidence: The evidence found as a result of any illegal search may bepresented in court for examination by the judge, prosecutor, defense, and the jury,

so long as the offending searchers are prosecuted for the illegal search. Upon

conviction, each person involved in an illegal search shall serve a mandatory three

year sentence for violating the rights of the searched person. Each person illegally

searched constitutes a separate violation.


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12.Return of Property: All seized property shall be returned to the rightful ownerand all money seized shall be returned with the addition of interest paid at the

highest bank rate available to the public during the time the money was seized,

provided the defendant is found not guilty of the charges that brought about the

seizure of the property.

13.Capital Crime: No person shall be detained while awaiting trial to answer for acapital or otherwise infamous crime, unless on a presentment or indictment of a

Grand Jury.

14.Double Jeopardy: No person shall be subject for the same offense to be twice putin jeopardy for the loss of life, limb, or property. Nor shall any person be

compelled in any criminal case to be a witness or to provide evidence against

them-self. Nor shall any person be deprived of life, liberty, or property without

due process of law. Double Jeopardy shall include a combination of criminal and

non-criminal accusation regarding responsibility for the same action.

15.Eminent Domain: No property shall be taken from the rightful owner, except incases of non-criminal prosecutions for which a jury decides the defendant owes

restitution. Taking private property for public use shall not be an option in a Free

and Responsible Society. No private land or items of value may be taken from its

rightful owner for public use except through taxation that is justly applied to all

others in the political jurisdiction according to law. It is the responsibility of the

public to develop alternatives that do not involve the taking of property without

the consent of the rightful owner.


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16.Trial by Jury: In all criminal prosecutions, the accused shall enjoy the right to aspeedy and public trial by an impartial jury of the state and jurisdiction wherein

the crime was committed, which jurisdiction shall have been previously

ascertained by law. At the time of arrest and no later than three hours, the accused

shall be informed of the nature and cause of the accusation as we as be informed

of or reminded of their rights, including the right to not offer evidence or

testimony that might convict themselves. The accused shall also be confronted

with the witnesses against them, to have the compulsory process for obtaining

witnesses in their favor, and to have the assistance of independent counsel for

their defense.

17.Long-Form Confession: For the purpose of justice, the accused may not waivethe right to trial by an impartial jury, unless upon long-form confession to the

charges in open court that detail crime committed. Such confession shall not

diminish the penalty.

18.Insanity Plea, in any form, is an automatic admission of guilt and shall beavailable for use by any accused person who chooses to use it. The person using

this plea shall first serve the required jail or prison time with all other jail or

prison inmates, and not in a hospital. The person using this plea shall bear sole

responsibility for proving they are not insane before their release back into

society.

19.Death Sentence shall no long be available within any jurisdiction under thisConstitution. It is easier to restore the rights to a wrongly convicted person while

they live than it is after they are dead. See Involuntary Servitude.
http://www.portablepublishing.com/index.html#Involuntay%20Servitudehttp://www.portablepublishing.com/index.html#Involuntay%20Servitude


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20.Criminal & Non-Criminal Cases: shall include all prosecutions for the violationof any enacted legislation, regardless of the level of government. All court trials,

hearings, and other proceedings shall have an elected judge, an elected prosecutor,

and an elected defense lawyer present to assist the parties of each case and the

court, answering legal questions, and examining evidence, thereby ensuring

justice for all. This shall in no way deny a person from obtaining independent

legal counsel. No fact tried by a jury shall be otherwise re-examined in any court

except according to the Rule of Law.

21.Failure to Appear: All trial dates and subpoenas, from both the prosecution andthe defense, shall be issued from the courts and served in-hand by the Sheriff's

Department to the named party's last known address.

22.If a defendant flees the jurisdiction or fails to appear for trial, the courts shallaccept such actions by the accused as if having presented a written document that

allows the courts to proceed with the trial in the absence of the accused. The court

shall make note that the named defendant failed to appear. In criminal cases, if

found guilty, a warrant for arrest shall issue. When captured, the convicted person

shall begin serving the required sentence and the individual shall be allowed to

challenge both the evidence the law in an appeal. In non-criminal cases, if found

culpable by the jury, an order for restoration shall issue where financial accounts

or real property may be seized to satisfy the judgment.

23.Bail, Fines, and Punishment shall not exceed that which the enacted legislationrequires.


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24.Involuntary Servitude: Neither slavery nor involuntary servitude, except as apunishment for a crime of which the party was duly convicted, shall exist within

the United States nor any place subject to its jurisdiction.

25.Within any political jurisdiction subject to this Constitution, slavery andinvoluntary servitude are neither cruel nor unusual. For less-dangerous crimes,

where jail or prison is not required, involuntary servitude shall include community

service. There shall be no fines demanded for the punishment of a crime. The test

to determine whether a particular type of labor or the hours worked are either

cruel or unusual shall consist solely of whether or not the labor or hours are legal

for a Free Citizen to perform, whether for hire or as a volunteer, as well as

whether Free Citizens work the number of hours demanded of inmates for that

labor.

26.Convicted persons shall not receive monetary compensation for their labors.Revenue from convict labor shall help with victim restorations, supply the raw

materials for inmates to grow their own food, make the fabrics for their own

clothing, and pay for maintenance of the jail and prison facilities. In this manner

our jails and prisons provide hands-on skill-building education, instilling work

habits, and the understanding that crime no longer pays. The Free People also

benefit in that they no longer pay as both the victim and taxpayer.


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27.Due Process: No law shall abridge the privileges or immunities offered by thisConstitution; nor shall any state deprive any person of life, liberty, or property

resulting from criminal or non-criminal prosecution without due process of law,

nor deny to any person within its jurisdiction the equal protection of the laws. In

like manner, every government official or other person conducting business on

behalf of a political jurisdiction shall not escape justice because of their political

connections.

28.Other Rights: The enumeration in this Constitution of certain rights shall not beconstrued in any way to deny or disparage other rights retained by the people. The

Founding Charter names some of the rights retained by the people regardless of

their forms of government. Mentioning certain rights within this Constitution are

for the purpose of limiting or forbidding government involvement regarding the

rights listed. Failure to mention other rights forbids government interference in

those rights until such time as the people amend this Constitution to grant to

government such power or authority regarding those rights.

29.Political Powers: The powers not delegated by the people within thisConstitution to the government of the United States are forbidden for that

government to exercise. The powers not prohibited by this Constitution to the

smaller political jurisdictions within this Union are reserved respectively to those

jurisdictions in descending order; otherwise, the people retain all such powers

individually.


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30.Military Authority: The police and military authority of larger politicaljurisdictions shall be subordinate to the authority of the smaller political

jurisdictions; except in cases where those jurisdictions are under investigation for

criminal activity.

31.Diplomatic Immunities: All citizens of this Union who visit foreign lands forwork, student, tourist, illegal, political, or other reasons are subject to the laws of

that land. There shall be no diplomatic immunity for officials of the United States,

officials of any state of this Union, or private citizens who commit a crime in

another country.

32.In like manner, all visitors from foreign lands to any of the states in this Union,whether diplomatic or civilian, whether for work, student, tourist, illegal, political,

or other reasons are subject to the laws of the jurisdictions wherein they travel.

33.Political Refuge: Those fleeing tyranny of another Nation-State and seekingpolitical refuge within these United States shall surrender themselves to the first

political authority under this Constitution; otherwise, when captured within this

jurisdiction, they shall be considered illegal immigrants.


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34.Illegal Immigration: Anyone suspected of having entered any of these UnitedStates illegally shall receive an impartial jury trial, funded out of the National

Union's General Fund. If the jury finds the accused guilty, those convicted shall

serve three years in jail or prison working hard labor alongside convicted citizens

before being returned to their home country. If the individual is charged with

other crimes, additional trials shall be held for those charges, which shall be paid

out of the general fund of the political jurisdiction where the crimes and/or the

trial shall take place. If convicted, the person shall serve the appropriate

sentence(s). All sentencing shall be the same as if a legal citizen committed the

same crime.

35.Whether a citizen or in the jurisdiction of this Constitution legally or illegally, allpersons convicted of separate crimes shall serve consecutive sentences. Anyone

convicted of entering the jurisdiction of this Constitution illegally shall also be

prohibited from re-entering legally for at least ten years after being returned to

their home country.


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39.The families of a convicted person shall not become eligible for any governmentbenefits that they were not already eligible for prior to the commission of the

crime.

40.Right of Personal Association: The right of the people to choose personalassociates whether employees, business customers, church or club members, or

tenants for non-government funded business or housing shall not be infringed,

so long as the individual advertises and/or openly posts such restrictions. This

item shall not be construed in any manner whatsoever to allow, enable, or

encourage criminal activity.

41.Taxation: Through legislation, the People shall decide all amounts and forms oftaxation with regard to how they shall fund the enforcement of laws, pay for

public programs, government projects, or any other act that requires the use of

public money.


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Article IX. Ratification

When both Houses of three-quarters of the states

approve this Constitution, it shall become effective

between and binding on all political jurisdictions that

are now and shall become part of this Union of

States.

Enacted this _____ day of in the year __________ by

the people of the City/Town/Village of

___________________, in________________County, in the State of

__________________, in General Assembly within

our local political jurisdiction's meeting.

The New Constitution Of The United States Of America

Documents

Transcript of The New Constitution Of The United States Of America