IPFS News Link • Conspiracies
Proposed Constitution for the Newstates of America
• Constitutional Convention being Called???(Publisher: In 1994 several states had bills calling for
the removal of state calls for a Constitutional Convention (ERA -
Abortion and Balanced Budget were popular reasons), the USA was just 2 states short of having enough call for a Con Con and after groups like The John Birchers, Libertarians, 'Patriot/Militia' types got up on the Soap Box it got more attention than the bad guys were comfortable with. After the Oklahoma City Bombing the effort to call a Con Con slipped under the radar once again. Now _they_ are at it
again. The following was what was desired as the Replacement to the current U.S. Constitution. I just heard of a new effort to get a Con Con and I have History to share about what happened here in Arizona and what we learned to stop the previous effort... Game On! Oh... and BTW, it was a REPUBLICAN THING :)
(THE PRESIDENT OF THE SENATE (Nelson Rockefeller) and the speaker of the House
of Representatives (Carl Alberts) shall make all necessary arrangements for
the convening of the convention. LINK)
Publisher: Pushing this at the time was the American Legislative Exchange Council ('State Legislators are to do what we say... or else' people). This organization was/is touted to be a Republican/Conservative organization BUUUUT. at the time they had Arizona's Art Hamilton (D) in a leadership position (I'll dig out the details later).
At the time I also remember an officer in the Arizona State Republican Party keeping us informed of what was happening inside a Governor appointed "Constitutional Defense Committee" that was to advise the efforts of the Governor and the Arizona Attorney General in the defense of Arizona's rights as a State against the 'Clinton Administration/ Feds' etc. etc. What we learned was this "Committee" was to be the Delegation to a Con Con. A mini revolt on the Committee was under way when the OKC Bombing happened.
I remember that the whole focus was the creation of a Con Con and the story around what we uncovered and how will of great interest as they try it the process once again... I'm just getting warmed up :)
Congressional Record Index (1993)
... S8735 [14JY] AMERICAN LEGISLATIVE EXCHANGE COUNCIL Letters Goals ...... voter registration: Art Hamilton, National Conference of State Legislators, ...
www.gpo.gov/fdsys/pkg/CRI-1993/html/CRI-1993.htm
... S8735 [14JY] AMERICAN LEGISLATIVE EXCHANGE COUNCIL Letters Goals ...... voter registration: Art Hamilton, National Conference of State Legislators, ...www.gpo.gov/fdsys/pkg/CRI-1993/html/CRI-1993.htm
(Publisher: In 1994 Russell Pearce's Cousin, Lester Pearce then a State Senator from Mesa (now a Justice of the Peace), copied the Initiative filed by a friend of mine "14-I-94" Con Con Repeal" (we had filed many Initiatives as part of a project called "Citizens Taking Inititative") and introduced it as a Senate Bill. This Bill/Initiative required the Repeal of any call for a Constitutional Convention and that any call be stricken from state records. This caused a surprising demand from the Legislative Exchange Council to Arizona's President of the Senate, John Greene, to hold the bill and not allow it to continue through the process. This action cause many "Patriots" to do a lot more research on the issue and this is how we learned what happened and likely why. Finally in 2003 the State of Arizona repealed their call for a CON CON.
Now Who/What would ask to open up the Constitution... and what reasons would they give?)
Proposed Constitution for
the Newstates of America
the Newstates of America
This transcript of the Proposed
Constitution for the Newstates of America was transferred from Col. Arch
Roberts' website at Committee to Restore the Constitution. When possible, we transfer whole files — always giving credit to its
source — in the event a website with pertinent information may be
discontinued. — Jackie
A CONSTITUTION FOR THE NEWSTATES
OF AMERICA, from the book, THE EMERGING CONSTITUTION by Rexford G. Tugwell,
published 1974 (Harper & Row: $20.00) illustrates with chilling clarity
the final objective of regional governance conspirators. The goal is a corporate
state concentrating economic, political and social powers in the hands of
a ruling elite. "A Constitution for the Newstates of America", is the fortieth
version of this revolutionary document prepared by a team of social experimenters
at the CENTER FOR THE STUDY OF DEMOCRATIC INSTITUTIONS, Fund for the Republic
(Ford Foundation), Post Office Box 4068, Santa Barbara, California
93103.
The Center, its first objective
accomplished, has appointed socialist-oriented University of Denver Chancellor
Maurice B. Mitchell as its new head and may merge with the Aspen Institute
for Humanistic Studies, a Colorado-based world government policy promotion
agency.
Aspen Institute Chairman is Robert
O. Anderson, chief executive officer, Atlantic Richfield Company; member,
Committee for Economic Development (laid ground work for regional government),
and advisory board member, Institute for International Education. Anderson
is the principal figure in campaign aimed at seizing control of the National
Rifle Association.
_______________________________________________________________________________
Constitution for
the Newstates of America
PREAMBLE
So that we may join in common endeavors,
welcome the future in good order, and create an adequate and self-repairing
government - we, the people, do establish the Newstates of America, herein
provided to be ours, and do ordain this Constitution whose supreme law it
shall be until the time prescribed for it shall have run.
ARTICLE I
Rights and
Responsibilities
A. Rights
SECTION 1. Freedom of expression,
of communication, of movement, of assembly, or of petition shall not be abridged
except in declared emergency.
SECTION 2. Access to information
possessed by governmental agencies shall not be denied except in the interest
of national security; but communications among officials necessary to
decisionmaking shall be privileged.
SECTION 3. Public communicators
may decline to reveal sources of information, but shall be responsible for
hurtful disclosures.
SECTION 4. The privacy of
individuals shall be respected; searches and seizures shall be made only
on judicial warrant; persons shall be pursued or questioned only for the
prevention of crime or the apprehension of suspected criminals, and only
according to rules established under law.
SECTION 5. There shall be
no discrimination because of race, creed, color, origin, or sex. The Court
of Rights and Responsibilities may determine whether selection for various
occupations has been discriminatory.
SECTION 6. All persons shall
have equal protection of the laws, and in all electoral procedures the vote
of every eligible citizen shall count equally with others.
SECTION 7. It shall be public
policy to promote discussion of public issues and to encourage peaceful public
gatherings for this purpose. Permission to hold such gatherings shall not
be denied, nor shall they be interrupted, except in declared emergency or
on a showing of imminent danger to public order and on judicial warrant.
SECTION 8. The practice of
religion shall be privileged; but no religion shall be imposed by some on
others, and none shall have public support.
SECTION 9. Any citizen may
purchase, sell, lease, hold, convey, and inherit real and personal property,
and shall benefit equally from all laws for security in such
transactions.
SECTION 10. Those who cannot
contribute to productivity shall be entitled to a share of the national product;
but distribution shall be fair and the total may not exceed the amount for
this purpose held in the National Sharing Fund.
SECTION 11. Education shall
be provided at public expense for those who meet appropriate tests of
eligibility.
SECTION 12. No person shall
be deprived of life, liberty, or property without due process of law. No
property shall be taken without compensation.
SECTION 13. Legislatures
shall define crimes and conditions requiring restraint, but confinement shall
not be for punishment; and, when possible, there shall be preparation for
return to freedom.
SECTION 14. No person shall
be placed twice in jeopardy for the same offense.
SECTION 15. Writs of habeas
corpus shall not be suspended except in declared emergency.
SECTION 16. Accused persons
shall be informed of charges against them, shall have a speedy trial, shall
have reasonable bail, shall be allowed to confront witnesses or to call others,
and shall not be compelled to testify against themselves; at the time of
arrest they shall be informed of their right to be silent and to have counsel,
provided, if necessary, at public expense; and courts shall consider the
contention that prosecution may be under an invalid or unjust statute.
B. Responsibilities
SECTION 1. Each freedom of
the citizen shall prescribe a corresponding responsibility not to diminish
that of others: of speech, communication, assembly, and petition, to grant
the same freedom to others; of religion, to respect that of others; of privacy,
not to invade that of others; of the holding and disposal of property, the
obligation to extend the same privilege to others.
SECTION 2. Individuals and
enterprises holding themselves out to serve the public shall serve all equally
and without intention to misrepresent, conforming to such standards as may
improve health and welfare.
SECTION 3. Protection of
the law shall be repaid by assistance in its enforcement; this shall include
respect for the procedures of justice, apprehension of lawbreakers, and testimony
at trial.
SECTION 4. Each citizen shall
participate in the processes of democracy, assisting in the selection of
officials and in the monitoring of their conduct in office.
SECTION 5. Each shall render
such services to the nation as may be uniformly required by law, objection
by reason of conscience being adjudicated as hereinafter provided; and none
shall expect or may receive special privileges unless they be for a public
purpose defined by law.
SECTION 6. Each shall pay
whatever share of governmental costs is consistent with fairness to all.
SECTION 7. Each shall refuse
awards or titles from other nations or their representatives except as they
be authorized by law.
SECTION 8. There shall be
a responsibility to avoid violence and to keep the peace; for this reason
the bearing of arms or the possession of lethal weapons shall be confined
to the police, members of the armed forces, and those licensed under
law.
SECTION 9. Each shall assist
in preserving the endowments of nature and enlarging the inheritance of future
generations.
SECTION 10. Those granted
the use of public lands, the air, or waters shall have a responsibility for
using these resources so that, if irreplaceable, they are conserved and,
if replaceable, they are put back as they were.
SECTION 11. Retired officers
of the armed forces, of the senior civil service, and of the Senate shall
regard their service as a permanent obligation and shall not engage in enterprise
seeking profit from the government.
SECTION 12. The devising
or controlling of devices for management or technology shall establish
responsibility for resulting costs.
SECTION 13. All rights and
responsibilities defined herein shall extend to such associations of citizens
as may be authorized by law.
ARTICLE II
The
Newstates
SECTION 1. There shall be
Newstates, each comprising no less than 5 percent of the whole population.
Existing states may continue and may have the status of Newstates if the
Boundary Commission, hereinafter provided, shall so decide. The Commission
shall be guided in its recommendations by the probability of accommodation
to the conditions for effective government. States electing by referendum
to continue if the Commission recommend otherwise shall nevertheless accept
all Newstate obligations.
SECTION 2. The Newstates
shall have constitutions formulated and adopted by processes hereinafter
prescribed.
SECTION 3. They shall have
Governors, legislatures, and planning, administrative, and judicial
systems.
SECTION 4. Their political
procedures shall be organized and supervised by electoral Overseers; but
their elections shall not be in years of presidential election.
SECTION 5. The electoral
apparatus of the Newstates of America shall be available to them, and they
may be allotted funds under rules agreed to by the national Overseer; but
expenditures may not be made by or for any candidate except they be approved
by the Overseer; and requirements of residence in a voting district shall
be no longer than thirty days.
SECTION 6. They may charter
subsidiary governments, urban or rural, and may delegate to them powers
appropriate to their responsibilities.
SECTION 7. They may lay,
or may delegate the laying of, taxes; but these shall conform to the restraints
stated hereinafter for the Newstates of America.
SECTION 8. They may not tax
exports, may not tax with intent to prevent imports, and may not impose any
tax forbidden by laws of the Newstates of America; but the objects appropriate
for taxation shall be clearly designated.
SECTION 9. Taxes on land
may be at higher rates than those on its improvements.
SECTION 10. They shall be
responsible for the administration of public services not reserved to the
government of the Newstates of America, such activities being concerted with
those of corresponding national agencies, where these exist, under arrangements
common to all.
SECTION 11. The rights and
responsibilities prescribed in this Constitution shall be effective in the
Newstates and shall be suspended only in emergency when declared by Governors
and not disapproved by the Senate of the Newstates of America.
SECTION 12. Police powers
of the Newstates shall extend to all matters not reserved to the Newstates
of America; but preempted powers shall not be impaired.
SECTION 13. Newstates may
not enter into any treaty, alliance, confederation, or agreement unless approved
by the Boundary Commission hereinafter provided.
They may
not coin money, provide for the payment of debts in any but legal tender,
or make any charge for inter-Newstate services. They may not enact ex post
facto laws or ones impairing the obligation of contracts.
SECTION 14. Newstates may
not impose barriers to imports from other jurisdictions or impose any hindrance
to citizens' freedom of movement.
SECTION 15. If governments
of the Newstates fail to carry out fully their constitutional duties, their
officials shall be warned and may be required by the Senate, on the
recommendation of the Watchkeeper, to forfeit revenues from the Newstates
of America.
ARTICLE III
The Electoral
Branch
SECTION
1. To arrange for participation by the electorate in the determination of
policies and the selection of officials, there shall be an Electoral
Branch.
SECTION 2. An Overseer of
electoral procedures shall be chosen by majority of the Senate and may be
removed by a two-thirds vote. It shall be the Overseer's duty to supervise
the organization of national and district parties, arrange for discussion
among them, and provide for the nomination and election of candidates for
public office. While in office the Overseer shall belong to no political
organization; and after each presidential election shall offer to
resign.
SECTION 3. A national party
shall be one having had at least a 5 percent affiliation in the latest general
election; but a new party shall be recognized when valid petitions have been
signed by at least 2 percent of the voters in each of 30 percent of the districts
drawn for the House of Representatives. Recognition shall be suspended upon
failure to gain 5 percent of the votes at a second election, 10 percent at
a third, or 15 percent at further elections.
District
parties shall be recognized when at least 2 percent of the voters shall have
signed petitions of affiliation; but recognition shall be withdrawn upon
failure to attract the same percentages as are necessary for the continuance
of national parties.
SECTION 4. Recognition by
the Overseer shall bring parties within established regulations and entitle
them to common privileges.
SECTION 5. The Overseer shall
promulgate rules for party conduct and shall see that fair practices are
maintained, and for this purpose shall appoint deputies in each district
and shall supervise the choice, in district and national conventions, of
party administrators. Regulations and appointments may be objected to by
the Senate.
SECTION 6. The Overseer,
with the administrators and other officials, shall:
a. Provide the means for discussion, in each party, of public issues, and,
for this purpose, ensure that members have adequate facilities for
participation.
b. Arrange for discussion, in annual district meetings, of the President's
views, of the findings of the Planning Branch, and such other information
as may be pertinent for enlightened political discussion.
c. Arrange, on the first Saturday in each month, for enrollment, valid for
one year, of voters at convenient
places.
SECTION 7. The Overseer shall
also:
a. Assist the parties in nominating candidates for district members of the
House of Representatives each three years; and for this purpose designate
one hundred districts, each with a similar number of eligible voters, redrawing
districts after each election. In these there shall be party conventions
having no more than three hundred delegates, so distributed that representation
of voters be approximately equal.
Candidates for delegate may become eligible by presenting petitions signed
by two hundred registered voters. They shall be elected by party members
on the first Tuesday in March, those having the largest number of votes being
chosen until the three hundred be complete. Ten alternates shall also be
chosen by the same process.
District conventions shall be held on the first Tuesday in April. Delegates
shall choose three candidates for membership in the House of Representatives,
the three having the most votes becoming candidates.
b. Arrange for the election each three years of three members of the House
of Representatives in each district from among the candidates chosen in party
conventions, the three having the most votes to be elected.
SECTION 8. The Overseer shall
also:
a. Arrange for national conventions to meet nine years after previous
presidential elections, with an equal number of delegates from each district,
the whole number not to exceed one thousand.
Candidates for delegates shall be eligible when petitions signed by five
hundred registered voters have been filed. Those with the most votes, together
with two alternates, being those next in number of votes, shall be chosen
in each district.
b. Approve procedures in these conventions for choosing one hundred candidates
to be members-at-large of the House of Representatives, whose terms shall
be coterminous with that of the President. For this purpose delegates shall
file one choice with convention officials. Voting on submissions shall proceed
until one hundred achieve 10 percent, but not more than three candidates
may be resident in any one district; if any district have more than three,
those with the fewest votes shall be eliminated, others being added from
the districts having less than three, until equality be reached. Of those
added, those having the most votes shall be chosen first.
c. Arrange procedures for the consideration and approval of party objectives
by the convention.
d. Formulate rules for the nomination in these conventions of candidates
for President and Vice-Presidents when the offices are to fall vacant, candidates
for nomination to be recognized when petitions shall have been presented
by one hundred or more delegates, pledged to continue support until candidates
can no longer win or until they consent to withdraw. Presidents and
Vice-Presidents, together with Representatives-at-large, shall submit to
referendum after serving for three years, and if they are rejected, new
conventions shall be held within one month and candidates shall be chosen
as for vacant offices.
Candidates for President and Vice-Presidents shall be nominated on attaining
a majority.
e. Arrange for the election on the first Tuesday in June, in appropriate
years, of new candidates for President and Vice-Presidents, and members-at-large
of the House of Representatives, all being presented to the nation's voters
as a ticket; if no ticket achieve a majority, the Overseer shall arrange
another election, on the third Tuesday in June, between the two persons having
the most votes; and if referendum so determine he shall provide similar
arrangements for the nomination and election of candidates.
In this election, the one having the most votes shall prevail.
SECTION 9. The Overseer shall
also:
a. Arrange for the convening of the national legislative houses on the fourth
Tuesday of July.
b. Arrange for inauguration of the President and Vice-Presidents on the second
Tuesday of August.
SECTION 10. All costs of
electoral procedures shall be paid from public funds, and there shall be
no private contributions to parties or candidates; no contributions or
expenditures for meetings, conventions, or campaigns shall be made; and no
candidate for office may make any personal expenditures unless authorized
by a uniform rule of the Overseer; and persons or groups making expenditures,
directly or indirectly, in support of prospective candidates shall report
to the Overseer and shall conform to his regulations.
SECTION 11. Expenses of the
Electoral Branch shall be met by the addition of one percent to the net annual
taxable income returns of taxpayers, this sum to be held by the Chancellor
of Financial Affairs for disposition by the Overseer.
Funds shall
be distributed to parties in proportion to the respective number of votes
cast for the President and Governors at the last election, except that new
parties, on being recognized, shall share in proportion to their number.
Party administrators shall make allocations to legislative candidates in
amounts proportional to the party vote at the last election.
Expenditures
shall be audited by the Watchkeeper; and sums not expended within four years
shall be returned to the Treasury.
It shall
be a condition of every communications franchise that reasonable facilities
shall be available for allocations by the Overseer.
ARTICLE IV
The Planning
Branch
SECTION 1. There shall be
a Planning Branch to formulate and administer plans and to prepare budgets
for the uses of expected income in pursuit of policies formulated by the
processes provided herein.
SECTION 2. There shall be
a National Planning Board of fifteen members appointed by the President;
the first members shall have terms designated by the President of one to
fifteen years, thereafter one shall be appointed each year; the President
shall appoint a Chairman who shall serve for fifteen years unless removed
by him.
SECTION 3. The Chairman shall
appoint, and shall supervise, a planning administrator, together with such
deputies as may be agreed to by the Board.
SECTION 4. The Chairman shall
present to the Board six- and twelve-year development plans prepared by the
planning staff. They shall be revised each year after public hearings, and
finally in the year before they are to take effect. They shall be submitted
to the President on the fourth Tuesday in July for transmission to the Senate
on September 1 with his comments.
If members
of the Board fail to approve the budget proposals by the forwarding date,
the Chairman shall nevertheless make submission to the President with notations
of reservation by such members. The President shall transmit this proposal,
with his comments, to the House of Representatives on September 1.
SECTION 5. It shall be recognized
that the six-and twelve-year development plans represent national intentions
tempered by the appraisal of possibilities. The twelve-year plan shall be
a general estimate of probable progress, both governmental and private; the
six-year plan shall be more specific as to estimated income and expenditure
and shall take account of necessary revisions.
The purpose
shall be to advance, through every agency of government, the excellence of
national life. It shall be the further purpose to anticipate innovations,
to estimate their impact, to assimilate them into existing institutions,
and to moderate deleterious effects on the environment and on society.
The six-
and twelve-year plans shall be disseminated for discussion and the opinions
expressed shall be considered in the formulation of plans for each succeeding
year with special attention to detail in proposing the budget.
SECTION 6. For both plans
an extension of one year into the future shall be made each year and the
estimates for all other years shall be revised accordingly. For nongovernmental
activities the estimate of developments shall be calculated to indicate the
need for enlargement or restriction.
SECTION 7. If there be objection
by the President or the Senate to the six- or twelve-year plans, they shall
be returned for restudy and resubmission. If there still be differences,
and if the President and the Senate agree, they shall prevail. If they do
not agree, the Senate shall prevail and the plan shall be revised
accordingly.
SECTION 8. The Newstates,
on June 1, shall submit proposals for development to be considered for inclusion
in those for the Newstates of America. Researches and administration shall
be delegated, when convenient, to planning agencies of the Newstates.
SECTION 9. There shall be
submissions from private individuals or from organized associations affected
with a public interest, as defined by the Board. They shall report intentions
to expand or contract, estimates of production and demand, probable uses
of resources, numbers expected to be employed, and other essential
information.
SECTION 10. The Planning
Branch shall make and have custody of official maps, and these shall be documents
of reference for future developments both public and private; on them the
location of facilities, with extension indicated, and the intended use of
all areas shall be marked out.
Official
maps shall also be maintained by the planning agencies of the Newstates,
and in matters not exclusively national the National Planning Board may rely
on these.
Undertakings
in violation of official designation shall be at the risk of the venturer,
and there shall be no recourse; but losses from designations after acquisition
shall be recoverable in actions before the Court of Claims.
SECTION 11. The Planning
Branch shall have available to it funds equal to one-half of one percent
of the approved national budget (not including debt services or payments
from trust funds). They shall be held by the Chancellor of Financial Affairs
and expended according to rules approved by the Board; but funds not expended
within six years shall be available for other uses.
SECTION 12. Allocations may
be made for the planning agencies of the Newstates; but only the maps and
plans of the national Board, or those approved by them, shall have status
at law.
SECTION 13. In making plans,
there shall be due regard to the interests of other nations and such cooperation
with their intentions as may be approved by the Board.
SECTION 14. There may also
be cooperation with international agencies and such contributions to their
work as are not disapproved by the President.
ARTICLE V
The
Presidency
SECTION 1. The President
of the Newstates of America shall be the head of government, shaper of its
commitments, expositor of its policies, and supreme commander of its protective
forces; shall have one term of nine years, unless rejected by 60 percent
of the electorate after three years; shall take care that the nation's resources
are estimated and are apportioned to its more exigent needs; shall recommend
such plans, legislation, and action as may be necessary; and shall address
the legislators each year on the state of the nation, calling upon them to
do their part for the general good.
SECTION 2. There shall be
two Vice-Presidents elected with the President; at the time of taking office
the President shall designate one Vice-President to supervise internal affairs;
and one to be deputy for general affairs. The deputy for general affairs
shall succeed if the presidency be vacated; the Vice-President for internal
affairs shall be second in succession. If either Vice-President shall die
or be incapacitated, the President, with the consent of the Senate, shall
appoint a successor. Vice-Presidents shall serve during an extended term
with such assignments as the President may make.
If the
presidency fall vacant through the disability of both Vice-Presidents, the
Senate shall elect successors from among its members to serve until the next
general election.
With the
Vice-Presidents and other officials the President shall see to it that the
laws are faithfully executed and shall pay attention to the findings and
recommendations of the Planning Board, the National Regulatory Board, and
the Watchkeeper in formulating national policies.
SECTION 3. Responsible to
the Vice-President for General Affairs there shall be Chancellors of External,
Financial, Legal, and Military Affairs.
The Chancellor
of External Affairs shall assist in conducting relations with other
nations.
The Chancellor
of Financial Affairs shall supervise the nation's financial and monetary
systems, regulating its capital markets and credit-issuing institutions as
they may be established by law; and this shall include lending institutions
for operations in other nations or in cooperation with them, except that
treaties may determine their purposes and standards.
The Chancellor
of Legal Affairs shall advise governmental agencies and represent them before
the courts.
The Chancellor
of Military Affairs shall act for the presidency in disposing all armed forces
except militia commanded by governors; but these shall be available for national
service at the President's convenience.
Except
in declared emergency, the deployment of forces in far waters or in other
nations without their consent shall be notified in advance to a national
security committee of the Senate hereinafter provided.
SECTION 4. Responsible to
the Vice-President for Internal Affairs there shall be chancellors of such
departments as the President may find necessary for performing the services
of government and are not rejected by a two-thirds vote when the succeeding
budget is considered.
SECTION 5. Candidates for
the presidency and the vice-presidencies shall be natural-born citizens.
Their suitability may be questioned by the Senate within ten days of their
nomination, and if two-thirds of the whole agree, they shall be ineligible
and a nominating convention shall be reconvened. At the time of his nomination
no candidate shall be a member of the Senate and none shall be on active
service in the armed forces or a senior civil servant.
SECTION 6. The President
may take leave because of illness or for an interval of relief, and the
Vice-President in charge of General Affairs shall act. The President may
resign if the Senate agree; and, if the term shall have more than two years
to run, the Overseer shall arrange for a special election for President and
Vice-President.
SECTION 7. The Vice-Presidents
may be directed to perform such ministerial duties as the President may find
convenient; but their instructions shall be of record, and their actions
shall be taken as his deputy.
SECTION 8. Incapacitation
may be established without concurrence of the President by a three-quarters
vote of the Senate, whereupon a successor shall become Acting President until
the disability be declared, by a similar vote, to be ended or to have become
permanent. Similarly the other Vice-President shall succeed if a predecessor
die or be disabled. Special elections, in these contingencies, may be required
by the Senate.
Acting
Presidents may appoint deputies, unless the Senate object, to assume their
duties until the next election.
SECTION 9. The Vice-Presidents,
together with such other officials as the President may designate from time
to time, may constitute a cabinet or council; but this shall not include
officials of other branches.
SECTION 10. Treaties or
agreements with other nations, negotiated under the President's authority,
shall be in effect unless objected to by a majority of the Senate within
ninety days. If they are objected to, the President may resubmit and the
Senate reconsider. If a majority still object, the Senate shall prevail.
SECTION 11. All officers,
except those of other branches, shall be appointed and may be removed by
the President. A majority of the Senate may object to appointments within
sixty days, and alternative candidates shall be offered until it agrees.
SECTION 12. The President
shall notify the Planning Board and the House of Representatives, on the
fourth Tuesday in June, what the maximum allowable expenditures for the ensuing
fiscal year shall be.
The President
may determine to make expenditures less than provided in appropriations;
but, except in declared emergency, none shall be made in excess of
appropriations. Reduction shall be because of changes in requirements and
shall not be such as to impair the integrity of budgetary procedures.
SECTION 13. There shall be
a Public Custodian, appointed by the President and removable by him, who
shall have charge of properties belonging to the government, but not allocated
to specific agencies, who shall administer common public services, shall
have charge of building construction and rentals, and shall have such other
duties as may be designated by the President or the designated
Vice-Presidents.
SECTION 14. There shall be
an Intendant responsible to the President who shall supervise Offices for
Intelligence and Investigation; also an Office of Emergency Organization
with the duty of providing plans and procedures for such contingencies as
can be anticipated.
The Intendant
shall also charter nonprofit corporations (or foundations), unless the President
shall object, determined by him to be for useful public purposes. Such
corporations shall be exempt from taxation but shall conduct no profitmaking
enterprises.
SECTION 15. The Intendant
shall also be a counselor for the coordination of scientific and cultural
experiments, and for studies within the government and elsewhere, and for
this purpose shall employ such assistance as may be found necessary.
SECTION 16. Offices for other
purposes may be established and may be discontinued by presidential order
within the funds allocated in the procedures of appropriation.
ARTICLE VI
The Legislative
Branch
(The Senate and the House of
Representatives)
A. The Senate
SECTION 1. There shall be
a Senate with membership as follows: If they so desire, former Presidents,
Vice-Presidents, Principal Justices, Overseers, Chairmen of the Planning
and Regulatory Boards, Governors having had more than seven years' service,
and unsuccessful candidates for the presidency and vice-presidency who have
received at least 30 percent of the vote. To be appointed by the President,
three persons who have been Chancellors, two officials from the civil services,
two officials from the diplomatic services, two senior military officers,
also one person from a panel of three, elected in a process approved by the
Overseer, by each of twelve such groups or associations as the President
may recognize from time to time to be nationally representative, but none
shall be a political or religious group, no individual selected shall have
been paid by any private interest to influence government, and any association
objected to by the Senate shall not be recognized. Similarly, to be appointed
by the Principal Justice, two persons distinguished in public law and two
former members of the High Courts or the Judicial Council. Also, to be elected
by the House of Representatives, three members who have served six or more
years.
Vacancies
shall be filled as they occur.
SECTION 2. Membership shall
continue for life, except that absences not provided for by rule shall constitute
retirement, and that Senators may retire voluntarily.
SECTION 3. The Senate shall
elect as presiding officer a Convener who shall serve for two years, when
his further service may be discontinued by a majority vote. Other officers,
including a Deputy, shall be appointed by the Convener unless the Senate
shall object.
SECTION 4. The Senate shall
meet each year on the second Tuesday in July and shall be in continuous session,
but may adjourn to the call of the Convener. A quorum shall be more than
three-fifths of the whole membership.
SECTION 5. The Senate shall
consider, and return within thirty days, all measures approved by the House
of Representatives (except the annual budget). Approval or disapproval shall
be by a majority vote of those present. Objection shall stand unless the
House of Representatives shall overcome it by a majority vote plus one; if
no return be made, approval by the House of Representatives shall be
final.
For
consideration of laws passed by the House of Representatives or for other
purposes, the Convener may appoint appropriate committees.
SECTION 6. The Senate may
ask advice from the Principal Justice concerning the constitutionality of
measures before it; and if this be done, the time for return to the House
of Representatives may extend to ninety days.
SECTION 7. If requested,
the Senate may advise the President on matters of public interest; or, if
not requested, by resolution approved by two-thirds of those present. There
shall be a special duty to note expressions of concern during party conventions
and commitments made during campaigns; and if these be neglected, to remind
the President and the House of Representatives that these undertakings are
to be considered.
SECTION 8. In time of present
or prospective danger caused by cataclysm, by attack, or by insurrection,
the Senate may declare a national emergency and may authorize the President
to take appropriate action. If the Senate be dispersed, and no quorum available,
the President may proclaim the emergency, and may terminate it unless the
Senate shall have acted. If the President be not available, and the circumstances
extreme, the senior serving member of the presidential succession may act
until a quorum assembles.
SECTION 9. The Senate may
also define and declare a limited emergency in time of prospective danger,
or of local or regional disaster, or if an extraordinary advantage be
anticipated. It shall be considered by the House of Representatives within
three days and, unless disapproved, may extend for a designated period and
for a limited area before renewal.
Extraordinary
expenditures during emergency may be approved, without regard to usual budget
procedures, by the House of Representatives with the concurrence of the
President.
SECTION 10. The Senate, at
the beginning of each session, shall select three of its members to constitute
a National Security Committee to be consulted by the President in emergencies
requiring the deployment of the armed forces abroad. If the Committee dissent
from the President's proposal, it shall report to the Senate, whose decision
shall be final.
SECTION 11. The Senate shall
elect, or may remove, a National Watchkeeper, and shall oversee, through
a standing committee, a Watchkeeping Service conducted according to rules
formulated for their approval.
With the
assistance of an appropriate staff the Watchkeeper shall gather and organize
information concerning the adequacy, competence, and integrity of governmental
agencies and their personnel, as well as their continued usefulness; and
shall also suggest the need for new or expanded services, making report
concerning any agency of the deleterious effect of its activities on citizens
or on the environment.
The Watchkeeper
shall entertain petitions for the redress of grievances and shall advise
the appropriate agencies if there be need for action.
For all
these purposes, personnel may be appointed, investigations made, witnesses
examined, postaudits made, and information required.
The Convener
shall present the Watchkeeper's findings to the Senate, and if it be judged
to be in the public interest, they shall be made public or, without being
made public, be sent to the appropriate agency for its guidance and such
action as may be needed. On recommendation of the Watchkeeper the Senate
may initiate corrective measures to be voted on by the House of Representatives
within thirty days. When approved by a majority and not vetoed by the President,
they shall become law.
For the
Watchkeeping Service one-quarter of one percent of individual net taxable
incomes shall be held by the Chancellor of Financial Affairs; but amounts
not expended in any fiscal year shall be available for general use.
B. The House of Representatives
SECTION 1. The House of
Representatives shall be the original lawmaking body of the Newstates of
America.
SECTION 2. It shall convene
each year on the second Tuesday in July and shall remain in continuous session
except that it may adjourn to the call of a Speaker, elected by majority
vote from among the Representatives-at-large, who shall be its presiding
officer.
SECTION 3. It shall be a
duty to implement the provisions of this constitution and, in legislating,
to be guided by them.
SECTION 4. Party leaders
and their deputies shall be chosen by caucus at the beginning of each
session.
SECTION 5. Standing and temporary
committees shall be selected as follows:
Committees
dealing with the calendaring and management of bills shall have a majority
of members nominated to party caucuses by the Speaker; other members shall
be nominated by minority leaders. Membership shall correspond to the parties'
proportions at the last election. If nominations be not approved by a majority
of the caucus, the Speaker or the minority leaders shall nominate others
until a majority shall approve.
Members
of other committees shall be chosen by party caucus in proportion to the
results of the last election. Chairmen shall be elected annually from among
at-large members.
Bills referred
to committees shall be returned to the house with recommendations within
sixty days unless extension be voted by the House.
In all
committee actions names of those voting for and against shall be
recorded.
No committee
chairman may serve longer than six years.
SECTION 6. Approved legislation,
not objected to by the Senate within the alloted time, shall be presented
to the President for his approval or disapproval. If the President disapprove,
and three-quarters of the House membership still approve, it shall become
law. The names of those voting for and against shall be recorded. Bills not
returned within eleven days shall become law.
SECTION 7. The President
may have thirty days to consider measures approved by the House unless they
shall have been submitted twelve days previous to adjournment.
SECTION 8. The House shall
consider promptly the annual budget; if there be objection, it shall be notified
to the Planning Board; the Board shall then resubmit through the President;
and, with his comments, it shall be returned to the House. If there still
be objection by a two-thirds majority, the House shall prevail. Objection
must be by whole title; titles not objected to when voted on shall constitute
appropriation.
The budget
for the fiscal year shall be in effect on January 1. Titles not yet acted
on shall be as in the former budget until action be completed.
SECTION 9. It shall be the
duty of the House to make laws concerning taxes.
1. For
their laying and collection:
a. They shall be uniform, and shall not be retroactive.
b. Except such as may be authorized by law to be laid by Authorities, or
by the Newstates, all collections shall be made by a national revenue agency.
This shall include collections for trust funds hereinafter authorized.
c. Except for corporate levies to be held in the National Sharing Fund,
hereinafter authorized, taxes may be collected only from individuals and
only from incomes; but there may be withholding from current incomes.
d. To assist in the maintenance of economic stability, the President may
be authorized to alter rates by executive order.
e. They shall be imposed on profitmaking enterprises owned or conducted by
religious establishments or other nonprofit organizations.
f. There shall be none on food, medicines, residential rentals, or commodities
or services designated by law as necessities; and there shall be no double
taxation.
g. None shall be levied for registering ownership or transfer of
property.
2. For
expenditures from revenues:
a. For the purposes detailed in the annual budget unless objection be made
by the procedure prescribed herein.
b. For such other purposes as the House may indicate and require the Planning
Branch to include in revisions of the budget; but, except in declared emergency,
the total may not exceed the President's estimate of available funds.
3. For
fixing the percentage of net corporate taxable incomes to be paid into a
National Sharing Fund to be held in the custody of the Chancellor of Financial
Affairs and made available for such welfare and environmental purposes as
are authorized by law.
4. To provide
for the regulation of commerce with other nations and among the Newstates,
Possessions, Territories; or, as shall be mutually agreed, with other organized
governments; but exports shall not be taxed; and imports shall not be taxed
except on recommendation of the President at rates whose allowable variation
shall have been fixed bylaw. There shall be no quotas, and no nations favored
by special rates, unless by special acts requiring two-thirds
majorities.
5. To
establish, or provide for the establishment of, institutuions for the safekeeping
of savings, for the gathering and distribution of capital, for the issuance
of credit, for regulating the coinage of money, for controlling them edia
of exchange, and for stabilizing prices; but such institutions, when not
public or semipublic, shall be regarded as affected with the public interest
and shall be supervised by the Chancellor of Financial Affairs.
6. To establish
institutions for insurance against risks and liabilities, or to provide suitable
agencies for the regulation of such as are not public.
7. To ensure
the maintenance, by ownership or regulation, of facilities for communication,
transportation, and others commonly used and necessary for public
convenience.
8. To assist
in the maintenance of world order, and, for this purpose, when the President
shall recommend, to vest jurisdiction in international legislative, judicial,
or administrative agencies.
9. To develop
with other peoples, and for the benefit of all, the resources of space, of
other bodies in the universe, and of the seas beyond twelve miles from low-water
shores unless treaties shall provide other limits.
10. To
assist other peoples who have not attained satisfactory levels of well-being;
to delegate the administration of funds for assistance, whenever possible,
to international agencies; and to invest in or contribute to the furthering
of development in other parts of the world.
11. To
assure, or to assist in assuring, adequate and equal facilities for education;
for training in occupations citizens may be fitted to pursue; and to reeducate
or retrain those whose occupations may become obsolete.
12. To
establish or to assist institutions devoted to higher education, to research,
or to technical training.
13. To
establish and maintain, or assist in maintaining, libraries, archives, monuments,
and other places of historic interest.
14. To
assist in the advancement of sciences and technologies; and to encourage
cultural activities.
15. To
conserve natural resources by purchase, by withdrawal from use, or by regulation;
to provide, or to assist in providing, facilities for recreation; to establish
and maintain parks, forests, wilderness areas, wetlands, and prairies; to
improve streams and other waters; to ensure the purity of air and water;
to control the erosion of soils; and to provide for all else necessary for
the protection and common use of the national heritage.
16. To
acquire property and improvements for public use at costs to be fixed, if
necessary, by the Court of Claims.
17. To
prevent the stoppage or hindrance of governmental procedures, or of other
activities affected with a public interest as defined by law, by reason of
disputes between employers and employees, or for other reasons, and for this
purpose to provide for conclusive arbitration if adquate provision for collective
bargaining fail. From such finding there may be appeal to the Court of
Arbitration Review; but such proceedings may not stay the acceptance of
findings.
18. To
support an adequate civil service for the performance of such duties as may
be designated by administrators; and for this purpose to refrain from
interference with the processes of appointment or placement, asking advice
or testimony before committees only with the consent of appropriate
superiors.
19. To
provide for the maintenance of armed forces.
20. To
enact such measures as will assist families in making adjustment to future
conditions, using estimates concerning population and resources made by the
Planning Board.
21. To
vote within ninety days on such measures as the President may designate as
urgent.
ARTICLE VII
The Regulatory
Branch
SECTION 1. There shall be
a Regulatory Branch, and there shall be a National Regulator chosen by majority
vote of the Senate and remoable by a two-thirds vote of that body. His term
shall be seven years, and he shall preside over a National Regulatory Board.
Together they shall make and administer rules for the conduct of all economic
enterprises.
The Regulatory
Branch shall have such agencies as the Board may find necessary and are not
disapproved by law.
SECTION 2. The Regulatory
Board shall consist of seventeen members recommended to the Senate by the
Regulator. Unless rejected by majority vote they shall act with the Regulator
as a lawmaking body for industry.
They shall
initially have terms of one or seventeen years, one being replaced each year
and serving for seventeen years. They shall be compensated and shall have
no other occupation.
SECTION 3. Under procedures
approved by the board, the Regulator shall charter all corporations or
enterprises except those exempted because of sixe or other characteristics,
or those supervised by the Chancellor of Financial Affairs, or by the Intendant,
or those whose activities are confined to one Newstate.
Charters
shall describe proposed activities, and departure from these shall require
amendment on penalty of revocation. For this purpose there shall be investigation
and enforcement services under the direction of the Regulator.
SECTION 4. Chartered enterprises
in similar industries or occupations may organize joint Authorities. These
may formulate among themselves codes to ensure fair competition, meet external
costs, set standards for quality and service, expand trade, increase production,
eliminate waste, and assist in standardization. Authorities may maintain
for common use services for research and communcation; but membership shall
be open to all eligible enterprises. Nonmembers shall be required to maintain
the same standards at those prescribed for members.
SECTION 5. Authorities shall
have governing committees of five, two being appointed by the Regulator to
represent the public. they shall serve as he may determine; they shall be
compensated; and he shall take care that there be no conflicts of interest.
The Board may approve or prescribe rules for the distribution of profits
to stockholders, allowable amounts of working capital, and reserves. Costing
and all other practices affecting the public interest shall be
monitored.
All codes
shall be subject to review by the Regulator with his Board.
SECTION 6. Member enterprises
of an Authority shall be exempt from other regulation.
SECTION 7. The Regulator,
with his Board, shall fix standards and procedures for mergers of enterprises
or the acquisition of some by others; and these shall be in effect unless
rejected by the Court of Administrative Settlements. The purpose shall be
to encourage adaptation to change and to further approved intentions for
the nation.
SECTION 8. The charters of
enterprises may be revoked and Authorities may be dissolved by the Regulator,
with the concurrence of the Board, if they restrict the production of goods
and services, or controls of their prices; also if external costs are not
assessed to their originators or if the ecological impacts of their operations
are deleterious.
SECTION 9. Operations extending
abroad shall conform to policies notified to the Regulator by the President;
and he shall restrict or control such activities as appear to injure the
national interest.
SECTION 10. The Regulator
shall make rules for and shall supervise marketplaces for goods and services;
but this shall not include security exchanges regulated by the Chancellor
of Financial Affairs.
SECTION 11. Designation of
enterprises affected with a public interest, rules for conduct of enterprises
and of their Authorities, and other actions of the Regulator or of the Board
may be appealed to the Court of Administrative Settlements, whose judgments
shall be informed by the intention to establish fairness to consumer and
competitors and stability in economic affairs.
SECTION 12. Responsible also
to the Regulator, there shall be an Operations Commission appointed by the
Regulator, unless the Senate object, for the supervision of enterprises owned
in whole or in part by government. The commission shall choose its chairman,
and he shall be the executive head of a supervisory staff. He may require
reports, conduct investigations, and make rules and recommendations concerning
surpluses or deficits, the absorption of external costs, standards of service,
and rates or oprices charged for services or goods.
Each enterprise
shall have a director, chosen and removable by the Commission; and he shall
conduct its affairs in accordance with standa
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6 Comments in Response to Proposed Constitution for the Newstates of America
The problem I've always seen with con-con: who gets to say who comes, who stays, who participates. If we get together in a closet (or a 4-star hotel which cuts half of OUR OWN SELVES right out of the picture and produce a document, what enforcement power exists to make it effective?
And what of the socialists/liberals/progressives? Do we presume to dictate to them (as attractive as it sounds)? Or do they get to throw open the hood and start re-arranging gears and wires too?
See, you put that ball in play and suddenly you don't get to make up the rules. Everybody has a stake in that game.
Heres mine:
After posting my last comment, interacting with Family, turning the water on in the vegetable garden (you aren't totally dependent upon others for your food, are you?), and refilling my coffeecup, I return to my screen with the first 15 Articles still on it.
Casually perusing while sipping before going on with my routine, I just about did a classic spit-take when I came across Section 10.
SECTION 10. Those who cannot contribute to productivity shall be entitled to a share of the national product; but distribution shall be fair and the total may not exceed the amount for this purpose held in the National Sharing Fund.
(sorry, at this point I'm speechless. Next commenter, please. Ed)
A HAHAHAHA!
I never made it past Article 1 Section 1.
Problem in the Preamble (well, the obvious peoblem I saw to begin with in reading it) is the phrase "herein provided to be ours".
NNNNNT! Nice try. But I thought it was pretty slick wording.
Article 1 A Section 1 - "except in declared emergency" (WTF!?!) - already there is an implication that there is a 'Declaratory Authority' that can nullify at whim - isn't that the problem we have now?
That was enough for me - I have way better things to do than point out the control factors in this latest power-grab attempt.
Just glancing at the next Section solidifies my assertions with "except in the interest of national security" as a catch-all phrase for "Yeah, THAT'S the ticket!". No thanks.
Water purification, ammunition, seeds, and foodstocks are a much better focus than to perfect a system of "this is why you must do as you are told".
Article III - You own yourself. Article IV - The End. Article V - See article I
Here's mine: . Article I: Don't hurt. . Article II: Don't steal.