(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, ...
(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
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.
Rights and Responsibilities
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.
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.
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.
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.
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.
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.
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.
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.