the constitution of the united states of america revised
TRANSCRIPT
The Constitution of the United States of America Revised Preamble We the Citizens of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, and provide for the common defense, Promote the general Welfare, and promise to be the champions of Life, Liberty and the pursuit of Happiness to our Posterity, and we do establish this Constitution of the United States of America. Life shall be defined as the belief that individual life is sacrosanct. Liberty shall be defined as the protection of individual freedom of choice and freedom of thought. Pursuit of Happiness shall be defined as that there will be no false imprisonment of our citizens, no military draft, no misuse of our citizens to perform any labor whether manual or not, and to maximize the retention of the fruit of our citizens labor. Article . I. There will be no legislative powers granted outside of those specifically detailed in this constitution. The United States government (to be abbreviated from now on as USG) is specifically forbidden to create any currency that can be used as legal tender. The USG is specifically forbidden to print or coin any money that can be used as legal tender. The USG is forbidden to regulate commerce either between states, or between the USG and foreign countries, foreign corporations, or foreign individuals or groups of individuals. The USG is forbidden to form or agree to be a part of any alliance or any other agreement with other countries whether they are military or economic. All present alliances and agreements are hereby considered null and void. The USG is forbidden to levy any taxes on its citizens or corporations in any form. It is forbidden for any governmental body on any level to levy an inheritance tax. The USG is expressly forbidden to levy any sales, value added tax, duties on anything.
The Chief of Staffs of our armed forces may form temporary agreements with foreign powers if the Citizen Military Security Panel (CMSP), which will be defined later, ratifies such agreements. The Citizen Military Security Panel will have the sole power to initiate the use of offensive military force. They can only approve to initate military action if 100% of their members approve. Depending on the urgency of the situation, the CMSP will also have to get the approval 0f 75% of the fifty State Governors, then if time allows approval of 75 majorities in all State Legislatures, and then if further time allows an approval by popular vote of 75% of citizens of the US. Once this approval has been given a state of War will exist. The Joint Chiefs of staffs will be responsible henceforth to the management of the hostilities. The use of military force in a defensive manner in other words the rules of engagement that the US military will abide by, will be set by joint planning by the CMSP and the Joint Chiefs of Staff. A subset of the members of the CMSP will be on twenty-‐four hour call to be consulted by the Joint Chiefs if a situation that was beyond the scope of the established rules of engagement. The on call CMSP will also Be in charge of the use of our nuclear arsenal in an emergent situation. The primary mandate of the CMSP is to protect the citizenry of the United States of America. We will not give up our seat on the United Nations. However, we will use our permanent status as founding members to veto all resolutions of the United Nations. We will relocate the United Nations away from our most prosperous and important city, the city of New York to Atlanta, Georgia. We will recognize the current articles of the Law of the Sea as defined by the United Nations as long as our country is in a state of Peace. We also reserve the right to violate all United Nations laws in the event our military believes there is any possibility of danger of an attack on the United States by any person, group, or foreign power, whether that danger is imminent or just in the foreseeable future. United States maritime limits and boundaries are measured from the official U.S. baseline, recognized as the low-‐water line along the coast as marked on the current NOAA nautical charts, in accordance with the articles of the United Nations Law of the Sea. The Office of Coast Survey depicts on its nautical charts the territorial sea (12 nautical miles), contiguous zone (24nm), and exclusive economic zone (200nm, plus maritime boundaries with adjacent (opposite countries). NOAA and the National Weather Service will become part of the United States Military. The release of information from these two organizations to the public will
be freely given unless the Joint Chief of Staff determines they must be withheld for national security reasons. Article II. Section 1. All current laws and regulations of the United States Government that regulate any and all activity with our land will be handed off to the State Governments. The State Governments will vote on keeping or discarding any law or regulation that they don’t believe is in the interest of their state. Since the multitude of these laws and regulations are vast approval will be done by volume of yea’s verses nay’s and not role call votes. The State Governor can veto any approved formerly Federal Government laws or regulations without recourse. All Federal entitlement programs, including but not limited to Social Security, Medicare, Medicaid, Food Stamps, Obama care, Disability, etc. will be handed off to the states for administration. The states must hire any former governmental employees that administered these programs that wish to relocate to a their state. All these programs must be maintained for a period of one year before a State decides to modify increase or abandon these programs. Towards the end of the one-‐year anniversary of administration of these entitlement programs, the state will put to popular vote various options of retentions of the five most costly programs. These options will include retention of the program, as is, cessation of the program, increase of the benefits or beneficiaries, or decrease of the benefits or beneficiaries. The public will have three months to review these options before a vote is taken. At three-‐month intervals the next five costly entitlement programs will be reviewed and voted on in a similar manner until the voters judge all former Federal entitlement programs. This is not to say that the legislature cannot in the future revive these programs by a democratic process. The State Legislature will have the power to enact different entitlement programs democratically if they so desire. The future of all these programs and other laws and regulations on the state level will of course be continued, modified, or discontinued by the States’ democratic process. If a program is discontinued or it is found that it is unnecessary to retain the formerly Federally employees, they will be granted six months severance pay with medical benefits. Any full time Federal employees who immediately lose their jobs as the result of the adoption of this constitution will be granted twelve months severance pay with medical benefits.
Section 2. The States will be responsible for the collection of all revenue to be used at the State, County and local levels. The will have the right to tax individuals, and corporate income at a fixed percentage rate that does not exceed 50%. This fixed tax may or may not have deductions. This tax will only apply to income earned within the physical boundaries of the state. Any income that an individual receives as a dividend from a corporation’s earnings within the state may not be taxed. In other words there will not be any double taxation. They will have the right to establish a sales tax at any rate up to 15%. This tax will apply equally to all sales whether real estate with or without improvements, tangible, and intangible items. The state will not have the right to tax any products imported, exported, or in transit through the state. All proceeds from this taxation will be applied first to all of the States’ revenue requirements. Next the proceeds will be apportioned to the municipality’s revenue requirements, and then to the counties requirements. The State will hire independent private accounting firms to validate municipal and county budgets. The State, county, and local governments will be able to approve on their own, any long term infrastructure improvement projects that receive approval by ballot of the majority vote of their residents. States cannot issue currency, have a State controlled bank, or coin any money. If there is a budget shortfall the State can borrow money against future revenue. But they must adjust their total tax structure to achieve a balanced budget and pay back any debt within two years. They should over time attempt to achieve a two-‐year reserve to address any emergencies. These reserves must be held in AAA rated short-‐term securities. Counties and Municipalities will never be able to borrow money in any fashion. The States’ must furnish all their financial needs. Section 4. States, counties and municipalities cannot make any alliances, treaties or any other agreements with other states or foreign countries. States, counties and municipalities cannot impede travel into or out of their states by citizens or foreign visitors. States cannot prevent any private person or corporation hiring foreign visitors. States cannot maintain any military force or weaponry disallowed by the United States Chief of Staff. States cannot interfere with any commerce into or out of their states.
States, Counties and municipalities cannot confiscate real property for any reason. States, Counties and municipalities can derive revenue from court approved financial penalties, from the collection of revenues of infractions, and they may confiscate any non-‐real estate assets of a corporation or individual who does not abide the tax laws, but only if those assets are within the boundaries of their state. They may not fine tax lawbreakers more then 25% on the unpaid taxes. Section 5. States will have no power over the regulation of education at the municipal level. The continuation of each States’ Universities or Colleges under the auspices of the State government will be put to vote every two years. If the voters find any State University or college unacceptable it will have to be auctioned to the private economy. New State Colleges or Universities must have the approval of the voters (majority rules). Again municipalities will have the final say on what type of educational system will be practiced within their town. They must insure that there are educational facilities of some nature, private or public that will enable all children to have education up to the 12th grade. Section 6. States may only own real estate to maintain the legislature, the Governors ‘mansion, the courthouses, state parks and the state police buildings. Counties will only own County Court Houses, County Sheriffs buildings, county jails and all roads outside of the municipalities with the exception of the interstates, which are owned by the Federal Government. They are responsible for their maintenance. Criminals arrested within the state, must be transferred after arraignment to a County Jail. They will be prosecuted at the County Level. There must be sufficient Jail space, judges, and courtrooms to prosecute a case within thirty days. If not the accused must be released. A three-‐judge panel will rule all cases. A person may only be convicted by a unanimous vote of the judges. At the discretion of the Judges bail may be set with electronic monitoring. If a person is convicted of a crime that the court decides requires imprisonment, then the case is automatically transferred to the Federal Criminal Court System for review. The prisoner will be remanded to Federal Marshall custody. Any fiscal penalty can be collected by the county from property that the defendant has within the state. If the Federal Criminal Court finds that the amount collected is insufficient, the defendant’s assets anywhere in the United States may be confiscated to pay the fine. There will never be any prisons, with the exception of Federal Military Prisons within a state. Municipalities may only own real estate consisting of their town hall, police stations, public hospitals, city parks, and all public roads. They are responsible for their maintenance. Any new public infrastructure that needs to be built must be approved at the state level. The state will apportion funds for its construction.
All public utilities must be sold to the private sector. No jurisdiction within a state will be able to interfere with traffic over the Internet. In modern day society, it is impractical for the state to monitor pornography or profanity over the airwaves. It will be up to parents to monitor what their children are watching or viewing. Section 7. The State has no power to license and or collect any fees from any professions or institutions. Instead the State will maintain an insurance program financed out of state funds. If any citizen is injured by an act committed by a professional (as defined in each state), he will be awarded a settlement based on the injury. If a settlement is awarded, then a record of who caused that will be associated with that individual or institution, together with full disclosure of all events leading to the injury, if the insurance investigators determine a cause they will include the cause and a narrative of what led them to this decision. If they decide the cause was criminal in nature they will send this investigation to the appropriate authorities for investigation and possible prosecution this recorded injury can never be removed by any authority and will be available on the Internet. Section 8. Municipalities can declare themselves independent of the laws of the State, even those laws within the State Constitution. However they will have to follow the rules of Democracy and the Federal Constitution. If they declare independency they cannot collect any revenue from the state tax base. They cannot authorize any taxation of any kind of their citizens. Their citizens will still have to pay all State authorized taxes and deliver those collections to the State unless the State grants them immunity. The city will have to be maintained by private donations. Section 9. Safety net All citizens of the United States who are without funds to have a place to live, or funds to eat, or funds to purchase essential clothing and toiletries must be helped. There will be no homeless United States citizens. The State Government has the ultimate responsibilities for these individuals. These individuals will be assigned a case officer. This case officer will first try to get help for theses citizens from existing private charities. If that does not work, the case officer will use existing entitlement programs. If this citizen is not eligible for any of these programs or if these programs have been discontinued, the case worker will use State funds to provide for all essential support including but not limited to housing, medical care, food, clothing, and an amount of money furnished weekly for sundry items. The citizen may request help in job placement or job training. All homeless noncitizens will have the opportunity to be helped by private charities. If no private charities will give this visitor help, the visitor will be remanded to the custody of the Federal Marshall Service. The Federal State Monitoring court will decide this person’s fate. Section 10. New elections of Legislatures
All states upon the ratification of this new constitution must have a special election to reelect a new legislature. The state legislature can only comprise citizens who are not currently judges, lawyers, prosecutors, or paralegals. (Why would you want to have a pickpocket valet you’re shiny new car. Lawyers have a natural bias when they write laws that help their fellow professionals at the expense of their constituents.) The Federal State Monitoring court will review any new laws passed by the State legislature to insure they comply with the Federal Constitution. After their approval, the state Supreme Court will examine the new legislation. The State Supreme court can reject any new legislation that conflicts with the State constitution. The Supreme Court can also rewrite the law into a form they find acceptable and return it to the legislature for a vote. Only after all these procedures can the law be sent to the Governor for signature. Section 11. When the entitlement programs are dropped to the state level it will be Time to get rid of social security numbers and replace them with some other method. Social Security numbers promote identity theft. Article III. The court system of the Federal Government will be divided into three main parts, the Federal Criminal Court System, The Federal State Court Monitoring system. And the Federal Civil Court System. Each one of these divisions will be monitored by an appeal and supervising master court. Above them all will be the Supreme Court. Section 1. The Federal Criminal Court System will be a series of courts each with three judges. This court will immediately review any criminal case where a sentence of incarceration is made on the state level. The county court must transfer all evidence, a video record of the trial, and a record of the deliberations of the County Judges. If necessary the court may ask Detectives of the Federal Marshall Service to collect more evidence or interview witnesses. This court will also have thirty days to review a case. The Court can issue three possible decrees. They must be unanimous. They can have the criminal transferred to a Federal Island facility for nonviolent crimes. They can have the criminal transferred to a Federal Island facility for violent offenders whom the court believes may be rehabilitated. Finally the court can send offenders to an island facility of no return. The court may confiscate assets from a convict anywhere in the country. They will return any unpaid portion back to the county. If the court determines the crime does not merit incarceration, the offender will be free to go anywhere he wishes. From the nonmilitary population there will be no capital offences. This court will have control of the Federal Marshall Service. Among the other duties of this service is to maintain discipline on the Federal Interstate Highway System, be present at all inter-‐state airports, and all major inter-‐state train stations, which are owned by the Federal Government. All of these airports and train stations will be
leased back to the private sector, but all security will be under the control of the Marshall Service. There will be an administrative and review court above the Federal Criminal Court System. They will be responsible for monitoring the action of the judges on the lower level. They will be responsible for hiring and firing of all the judges. They can reverse an egregious ruling if it is brought to their attention. They will also administer the hiring and firing of the Federal Marshall Service. The Supreme Court will hire and fire these judges. Section 2. The Federal State Monitoring Court will make sure that citizens’ civil rights have not been violated. Those rights are:
a. The right to bear arms. Firearms will not be confiscated from private residences. Private citizens will not have the right to open or conceal carry firearms into public places or private domains that they do not own. They may purchase weapons from any person or shop and they may fire them at a private firing range. They must keep all their weapons locked and out of view during transport. During hunting season they may bring their weapons to a locality where their licenses are active. If an officer of the court finds a citizen carrying a firearm illegally it will simply be subject to confiscation. There will be no arrests or fines unless that individual is in the act of committing a crime.
b. The right of the people to be secure in their persons, houses, papers, computers, hard line and mobile communications, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.
c. No one can be subject for the same offense twice, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law, nor shall private real property ever be taken.
d. In all criminal prosecutions, the accused shall enjoy the right to a public trial not lasting longer then thirty days from his arraignment in the county where the alleged crime occurred, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. If he wishes a trial by jury, he must compensate or find a charity to compensate for the reimbursement of the selected jurors regular pay, and the duration of the trial will be increased by thirty days.
e. As in criminal court the unanimous verdict of three judges is required, so shall it be in civil cases.
f. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
g. Again just to emphasize this point these rights are only for citizens of the United States. Visitors have none of these rights. If a visitor is caught in the possession of a firearm on his person, vehicle, or living space he will be immediately transferred to the authority of the Federal Marshall Service. The Federal Marshall service will take his case in front of the Federal Criminal Court System with all pertinent facts. This court may expel this person with no rights to ever return to the United States or if they determine he is a violent offender send him to the Island of no return.
h. The right to conduct business of any kind outside the state of his residency without interference or collection of any taxes or duties whether he is acting as an individual or as a corporation.
i. The right to purchase items from outside the state without paying any sales taxes within the state of his residence.
j. The right to leave any state or move anywhere within the state with all of an individual’s possessions without paying any levies or taxes, unless there exists an unpaid tax or fine levied against that individual. If the individual believes this unpaid tax of fine is not just, that individual can appeal to the Federal State Monitoring court for redress within the span of twelve months.
k. The right of any individual to travel into any other state without hindrance or payment of any kind.
l. The last four rights do apply to visitors to our great nation. m. The Federal State Monitoring court will only act on the state level, which
includes any members of the states’ legislature, the states’ executive branch or the states’ supreme court. If the court finds a violation of any individual’s rights, it will apply its penalties to the person or persons most responsible for allowing this injustice to occur within their state. Therefore it will behoove the state government to keep a close eye on the happenings on the local level within their state. The penalties from the Federal State Monitoring court can be anything from prohibition of the individuals ever being employed at any governmental level, an appropriate fine, and in case of a truly egregious miscarriage of justice possible incarceration. In the case of a judgment of incarceration the case will have to be handed off to the Federal Criminal Court system. The Federal Monitoring court will use Federal Marshall detectives to investigate any injustices.
n. I have not included the right to freedom of speech, the right of freedom of press, or the right to practice religion in this constitution. In our modern world it would be very difficult for a state to hinder these rights. However if a State wishes to have these rights enumerated in their state constitution they may do so.
o. The Federal State Monitoring court will also address any grievances of damage from one state to another whether this damage is caused by actions of the State or local governments or individuals or corporations. This damage will include but not be limited to pollution of waterways, toxic or odorous substances in the air traveling from state to state. The Court will
hire experts to assess the damage and the causes and levy fines and awards as appropriate.
p. The Federal State Monitoring court will monitor the States program for citizen safety net.
Section 3. The Federal Civil Court System
a. The Federal Civil Court System will consist of a large body of individual courts also manned by three judges. For a court decision to be upheld it must be unanimous. This use of this court will be totally voluntary. Two parties, whether they are two individuals living in one state, or two corporations existing in one state, or one individual and one corporation, or an individual and a municipality, or a United States corporation and a foreign corporation, or United States corporation and a foreign government, or so on and so on, they can all voluntarily use this court.
b. The process has a few complexities depending on the nature of the contract and what the contract binds each person to perform. But whatever goods or services are being traded in the contract, the complexities of adjudicating a breech of this contract must be evaluated. Once a contract reaches this court to guarantee performance or to assess a monetary or performance award, the court will examine the paperwork. If the contract calls for technical specifications that the examining judge does not understand he will have to call for expert opinions on the difficulties of making a judgment. Based on that information and the total monetary value of the contract, this court will ask for a sum of money to guarantee that they will adjudicate a claim by one party that the contract has been breeched. If the contracts’ value is a billion dollars, that could earn the court ten million dollars for example for doing nothing if the contract is fulfilled without problems.
c. Why would someone want to have his or her contract guaranteed by this court? The reason is that this court has the entire power of the United States government behind it. This court can collect from assets or funds anywhere in the United States. The Department of State can use its power to have friendly foreign governments aid in collecting funds outside of the United States.
d. This court system may grow to be the largest part of the Federal Judiciary. It is impossible to predict. But if people are laying out money expecting a swift judgment, then the number of courts and justices must meet this demand. I think if companies were paying significant sums of money to guarantee performance, they would expect an answer within a month or maybe two. The swifter just decisions are made the more people will be willing to pay and use these courts.
e. Since this could be one of the bigger sources of income for the Federal Government, it must be quick, just, and the awards must be paid swiftly.
f. There will need to be a network of supervising courts to hire and fire justices, manage the acquisition of expert consultants, and other issues.
g. I think here too, it will take unanimous decisions by the three judges to arrive at a binding award.
h. You will note that I have not included any other civil type of cases at the Federal level. This is not a mistake. Other then contract law, the Federal Court system will not try or hear appeals on any other civil matter. That means for example, that there will not be any class action suits heard at the Federal level.
Section 4. The Supreme Court
a. The new Supreme court will be the only elected body of justices on the Federal level.
b. There will be one Justice elected from each state and one extra Justice From the District of Columbia. Lets make them serve six-‐year terms.
c. There foremost activities will be administration. They will be responsible for the makeup of all the supervisory courts. They will also review cases from lower courts that are brought to their attention. They may decide to reverse a lower court decision if warranted.
d. This court will be the only government body that can make changes to the Federal Constitution. If the majority of this court decides that an amendment must be made, they will vote on it. If it passes the amendment will be presented to each state. It will have to pass by 75% of the popular vote in each state to be included or alter the Constitution.
e. The Supreme Court will also monitor the activities of the executive branch. They will hire auditors to monitor for corruption of the executive branch. They can also reverse the ruling of any of the military courts decisions.
f. Supreme Court Justices must be born in the USA. They must have served six years on the Supreme Court at the State Level. The Justices will serve six years. They can be on the Supreme Court twice in their lifetime.
g. The Supreme Court will select each calendar year by majority vote the Chief Justice. The Justice can retain his position for the entirety of his office by renewal of the majority of the court. The Chief Justice is a key vote for any decisions. The Chief Justice must agree with a decision or the decision is null and void.
h. The Chief Justice swears into office any key officials of the Federal Government. This Justice is responsible to have the full Supreme Court review any lower courts’ decision and reverse its decision.
i. The Supreme Court has first call of any investigative and action powers of the Federal Marshall Service. Every key official that is chosen for a major position with the United States Government will need a background check by the Federal Marshall Service.
j. The Supreme Court will grant commissions to officer candidates to the United States Military after a background check. It will also approve any promotion of officers from rank to rank after asked to do so by each militaries branch chief personnel officer.
k. The Supreme Court will establish what crimes are punishable by incarceration. It will also set standards for the length of incarceration and the type of facility a criminal will be remanded too.
l. The laws dealing with copyrights and patents are antiquated. The Supreme Court will create new guidelines for these important rights. They will establish a special court to handle violations.
Section 5. a. The Supreme Court will select the head of the Federal Marshall Service. b. This person must have a degree in criminal justice, masters in business
administration, and a complete understanding of the Federal Constitution.
c. This person will be responsible for administrating the entire Marshall Service.
d. The Federal Marshall Service will have three divisions, the enforcement division, the investigative division, and the civilian prison system.
e. The Joint Chief of Staffs will select the weapons available to this division. f. The Federal Marshall Service shall assume all duties and resources of the
current Federal Bureau of Investigation with the exceptions of counterintelligence and counterterrorism. Any information that this organization receives involving suspicion of future acts of terrorism will be sent to the military. Any immediate threats, will in addition to alerting the military, be acted on by the Marshall Service itself with the cooperation of all local law enforcement. If any suspicious espionage activity is detected, then this information shall be handed off to Military Intelligence.
Article IV. Section 1. There will be a one-‐time office called the Federal Asset Reconstitution Board. They will reacquire assets that have been sold or leased without the consent of the majority of our citizens anytime since the creation of our country. Many of these assets were built with Federal money or Federally paid research and development.
a. All of the original rights of the Internet will be reacquired by the United States government and leased out on a yearly basis. The US will never give up control of ICANN and will use force if necessary to reacquire the IETF and W3C, the Internet Society, and the five regional registries.
b. The United States Government will nullify all sales, leases and any other Contracts dealing with the electromagnetic spectrum that is used by radio, television and cellular and similar technology within the United States and its territories. These were all national treasures and they
should not have been sold. All of this spectrum will go out for closed competitive bidding for a five-‐year lease. The current owner or user of this spectrum will have the opportunity to match the highest offer to retain the contract. This will be another great source of government income.
c. The interstate highway system outside of major municipalities to be determined later will be owned and controlled by the Federal Government. There will be a one-‐time acquisition of land to create islands along the inter-‐state for food and lodging on newly minted Federal Land. These islands will be leased out. Bids will go out to create the most modern high tech toll collection system. There will be contract put out to create a technology so that drivers on the interstate can have their automobiles and trucks controlled automatically in the future. The tolls will pay for improvements and repair of this system. Only Federal Marshalls can stop vehicles on the interstate.
d. All commercial airports will be acquired by the Federal Government and leased back for five years by auction similar to the airwaves. Only Federal Marshalls will have the right to arrest within these airports.
e. The purpose of these annexations is to give our population the ability to vote with their feet at a moments notice. It also gives a boost to Federal Revenue without taxation.
f. All oil leases, mineral rights, land use, property leases, structure leases will be declared null and void. They will all go out to auction similar to above.
g. All bridges and tunnels that connect one state with another will also be annexed by the USG. These connections are vitally important to our economy, so the USG will decide on the appropriate funding method for maintenance, improvements or replacements.
Section 2. The Bureau of management of United States Assets.
a. This is the largest potential piece of bureaucracy in the executive branch. b. The United States Government owns 25% of the landmass of our
country. c. This is an enormous task to manage properly. d. We will need to hire a consulting firm just to decide how we are going to
decide to break these assets into manageable pieces. e. Once that is done we will have to put out to bid private companies to
manage the pieces. f. We will have to hire many accounting firms to make sure as little as
corruption as possible is taking place. g. This will be the largest source of revenue for the new Federal
Government.
h. The head of this management program will be chosen by the Supreme Court and will serve at their pleasure. The Supreme Court will determine this person’s salary and benefits.
i. The head of this management program will seek to maximize private management of these assets. This person may hire governmental assistants
Section 3. The new Federal Totally Tax Free Enterprise zone.
a. The Federal Government will acquire all real estate Property within the District of Columbia. Current owners will be Fairly compensated. b. A city-‐planning firm will be hired to create an overall design of the city. c. Parcels will be leased out to build high rises for offices, manufacturing,
and living space. d. Current parks will be maintained. e. There will be no taxes, duties, or levies of any kind within this zone. f. The Federal Government should earn tremendous revenue for leasing
out existing structures, tearing down dilapidated structures and leasing them for high rises.
g. There will be no private ownership of weapons not allowed by the Current TSA policy within this zone. Only Federal Marshalls and uniformed military personnel can carry their personal weapons.
h. The only vehicles allowed on the streets will be electric self-‐drive that cannot leave city limits.
i. All foreign embassies will have to relocate to wherever the United Nations is relocated too.
j. Parking Structures will be built on annexed land outside the city limits. There will be connecting subways to bring people living outside this zone to this city.
k. Only United States Citizens may live, work, and own businesses or corporations within this city.
l. Land will be annexed to create a new airport connected to this zone. There will be a subway connection to the heart of this city.
m. Everyone entering this zone will have to go through security similar to the present TSA.
n. The current passenger rail terminus will have to be changed to be outside the city for security reasons. There will be a subway connection to the heart of the city.
o. Citizens may charter corporations within this zone. All of the chief officers of this corporation must be US citizens. The chief officers are defined as the CEO, the President, the Secretary ant the Treasurer. All of these officers must be residents of this zone.
p. US citizens must declare their intentions to be residents of this zone to the Zone’s mayoral office. To maintain their residency they must physically live within the zone six months and one day. All corporation that are charted within this zone, must have their home offices maintained within this zone.
q. The Supreme Court will select the mayor of this zone. All civil and criminal cases that occur within this zone will be sent to the appropriate Federal Court. The Federal Marshall service will keep civil order within the zone and will be responsible for criminal arrests and the issuance of any infractions. The Federal Marshall service will maintain a Jail for alleged criminals. A convicted citizen may never again be a resident of this zone. A person who is found to have not complied with the residency requirements of this zone will never be able to be a resident again in this zone or any other future Federal Free Enterprise zones. If this person is an officer of a Corporation chartered in this zone, the Mayor’s department will decide whether the Corporation can maintain its charter within this zone based on a set of criteria established by the Supreme Court.
r. A Bank may be chartered within this zone. It can be private or a Corporation charted within this zone. If it is private, the majority owners must be citizens who are residents of this zone. The ownership of this bank must be registered with the Mayor’s office. Only United States citizens or United States chartered Corporations may have accounts within this bank. All accounts will be maintained under complete secrecy. The bank can engage in any economic activity on the behalf of its depositors in complete secrecy. The Supreme Court will provide a list of all approved economic activities for these banks. Any Bank that is found to violate Bank secrecy or be found to violate the approved Supreme Court list will be subject to prosecution by the Federal Criminal Court System. If the bank is found negligent, the Court will determine the appropriate punishment. They may call for dissolution of the bank, seizure of all bank assets, personal fines on the owners or officers and criminal incarcerations or any lessor sentences. There will be only one exception to the bank secrecy law. If the Federal Civil court makes an award of monetary damages against a citizen or United States chartered corporation, and if the court cannot collect the funds awarded by the judgment from any other assets of the defending party, the court can inquire to all Banks within the Free Enterprise Zone if the defendants hold funds in their banks. If so, the Federal Civil court can demand those funds to fulfill the awarded judgment.
s. The Zone’s mayor will be responsible for city planning, approve leases according to guidelines established by the Supreme Court. The mayor will be responsible for infrastructure maintenance and improvements. The Supreme Court must sign off on any planned infrastructure improvements.
t. The Laws pertaining to chartering of banks within this zone will be
Created by the Supreme Court. This will at least have to include a yearly External audit by a randomly chosen nationally recognized auditing firm. The results of the audit will be made available to the Supreme Court to detect any fraudulent activities, and to all depositors.
u. Any type of stock exchange, futures and options exchanges or bond exchange can be chartered within this zone. All owners or stockholders of these exchanges must be United States Citizens. There will not be any residency Requirements. The Supreme Court will decide the basic rules of conducting theses exchanges. However these exchanges may expand on those rules to increase the safety of investors. Any purchase of stocks, futures, options and bonds on these exchanges will require a small percentage fee to be paid to the Federal Civil Court System. This court will settle any shareholder, bondholder, or commodity transaction disputes. However, if the Exchange has in place its own system of settling disputes that are acceptable to the users of this exchange, then there will be no fee. In that case, the Federal Criminal Court System will investigate and adjudicate only cases of criminal fraud conducted by the exchanges, the listed securities, options, futures and bond companies and the users of theses exchanges. All attempts will be made to return to investors any fraudulently taken funds. The court will decide on the appropriate penalties, which may include incarceration.
v. There is no reason that other Federal Free Enterprise zones can be built elsewhere on Federal land. Camp Pendleton is sitting on one the most valuable pieces of real estate owned by the United States Government. It will become the second Federally Free Tax Zone created. A new base will be selected from other territory owned by the United States Government. Once this constitution is ratified, the Marines must begin building a new base to replace Camp Pendleton.
w. Since there are no civil courts on a Federal level except for contract law, copyright and patent law, all types of law suits that were formally handled by civil law such as malpractice, accidental injury, destruction of property, slander and libel, etc., will have to be handled a different way in these Federal Tax free zones. A portion of the income from the Federal leases of property will be held in trust to pay claims for these cases. The mayor will setup a special panel of judges and experts who will determine the validity and a payment for all of these claims.
Section 4. The Treasury
a. The new treasury will collect all monies due to the Federal Government From all of the various leases. It will pay all the employees of the Federal Government, all contractors, military personnel, etc.
b. It will have a budget bureau that will project future revenue and Expenses.
c. It will decide what currency will be used to make payments, whether
They will be a foreign currency or bit coins or some other type of hard money.
d. It will monitor stocks of all resources necessary in time of war or Embargo by foreign powers and acquire more resources and authorize the building of storage facilities if necessary.
e. It may engage in a Federal Program to mine bit coins at a large scale. f. It will always attempt to change soft currency reserves into hard money
as soon as possible. g. The Supreme Court will select the United States Treasurer. He will
report quarterly to the Court the state of the treasury department. h. The treasurer will always attempt to generate an increase in the value of
All hard liquid assets held by the USG, until the ready liquid assets exceed five years of the moving average of the last five years expenses. At that time, the Treasurer should simply try to balance the budget.
i. If there is a shortfall in the budget that exceeds current hard liquid assets Exclusive of the US Gold reserve (which should only be dipped into in cases of extreme emergency), then the Treasury is allowed to borrow money from any source backed only from future income of the USG but Without employing any US assets as collateral. If that borrowing is insufficient, the USG may sell up to 50% of our oil reserves, if that is insufficient the USG must go to the states to borrow any further funds. The debt to the individual states must be paid back first before any other Creditors. The oil reserves must be refilled. Then all other debt repaid.
j. The Treasury will be responsible for acquiring a reserve of vital Resources, including but not limited to crude oil, all industrial metals, all Rare earth elements, Uranium, Plutonium, Deuterium, Tritium and all other resources that scientific and engineering consultants deem as needed for national economic or defense purposes even if such need is only theoretical at this time.
Section 5. The Secretary of State.
a. The secretary of State is the chief diplomat of the Federal Government. b. The secretary of State will determine which countries require the United
States to have a diplomatic mission. Only in these countries will there be an Embassy. There will be an ambassador assigned to each embassy picked by the Secretary of State. These embassies will be as small and secure as possible. There will be no consular activities as defined below in these embassies. There will be no personnel other then a small detachment of marines and assistants to the ambassador. There will be secure communications to the US in an electronically isolated room where any important discussions will take place.
c. The Secretary of State must have a PHD in an area of knowledge suitable for a diplomat. This individual must have at least ten years of
experience as an ambassador at three major embassies. The Supreme Court will select this individual and terminate this individual’s service at their pleasure.
d. The Secretary of State’s main obligation will be to defuse possible conflicts of a serious nature with foreign powers. It is his duty with whatever staff he requires to find a nonmilitary solution to any problem.
e. The Secretary of State will maintain contact with the Joint Chief of Staffs to receive information on what military power can be displayed to defuse a crisis.
f. There will not be any Diplomatic Immunity given to any foreigners residing in the United States. Foreign embassies will not be considered foreign territory. The United States embassies abroad will not have any personnel engaged in espionage of any form. There will be no facilities in our Embassies abroad that will have electronic information gathering Devices. The same will be expected for foreign embassies residing within United States boundaries. The function of all foreign embassies Will be restricted to diplomacy, the issuance of Visas, certification of Powers of Attorney to be used in that country and certification and or collection of money for any court actions occurring in a foreign country. Foreign countries may open a total of three consular facilities in other cities within the USA which can perform all the above except for diplomacy. There will be no such thing as secure diplomatic pouches Coming into the United States of America.
g. Any visitors from Nations who are engaged in terrorist support, civil War, any conflicts with other countries may require months to obtain visas because of the need for detailed scrutiny. At the pleasure of the Secretary of State with consultation of the Supreme Court in case humanitarian reasons, visitors who need immediate assistance will be permitted to housed in a secure are in United States territory until it is determined that these individuals do not pose a threat to United States. At that time they will be released to visit and work within the United States. These visitors will have to pay for these security checks or be supported by private charitable donations
Section 6. The office of Immigration, Visitation and Naturalization
a. This office will maintain consular facilities in key safe locations around The world and adjust the number of such facilitates according to the volume of visas requested as long as it gets approval from the host nation. All visitors to the United States can freely obtain Visas to visit and work in the United States for an indefinite period of time. All applicants will undergo a cursory background check by the consular intelligence division. All visitors will have to submit to fingerprinting to obtain a Visa. Once at a port of entry to the United States, they will only be required to have their fingerprints scanned to obtain entry. No passport will be required. The United States will accept foreign Driver’s
Licenses to permit operation of vehicles. No foreign owned private aircraft will permitted to be flown into United States Territory. No visitors will be allowed to fly aircraft within the borders of the United States.
b. Visitors who intend to obtain citizenship in the United States must Inform the Immigration Department of their intentions. For the next two years such applicants will have to prove weekly that they are within the United States. Once they have met the two-‐year requirement, they will have to show continuous employment for the previous twelve months. They will have to have letters of recommendation from their employers. Or they will have to prove they are financially independently wealthy. They will then have to show a basic proficiency in the English language and pass a written and oral exam. A Federal Judge will then swear them in. Once their citizenship is approved, a copy of their fingerprints and any other voluntary methods of identification will be placed in the Federal Citizen Depository. They will then have all rights and privileges of United States Citizenship.
c. Visitors will be held to a much higher standard then US citizens. The Supreme Court will maintain a list of activities that could result in their immediate deportation from the United States and possibly be forbidden ever to return. If they are forbidden to return and they have been found within the borders of the United States they will be subject to incarceration temporarily or permanently.
d. Visitors will never have the right to obtain any assistance from any state government run entitlement program. They will never be able to use public schools for free for themselves or children, unless they can show they are employed full time in the United States and pay state income taxes. If a state does not have income taxes, they will have to pay to use public schools.
e. Naturally born citizens of the United States will require the mother at the time of birth to be a US citizen.
f. Anyone who was born in the United States seventeen years prior to the Adoption of this constitution can ask for immediate testing to become Naturalized citizens. There will not be any requirement of employment or letters of recommendation.
g. Anyone born in the United States whose mother was not a citizen at Their birth, and who graduate from a high school within the fifty states Can apply immediately for citizenship at their eighteenth birthday or later.
h. Only citizens of the United States may charter aircraft. There luggage And belonging must be searched as per TSA regulations prior to boarding.
Section 7. Customs Bureaus
a. There will be no duties assessed on items citizens bring back to the
United States. However all luggage must at least be x-‐rayed before it can be brought into the States. The Federal Government has no authority over prohibiting any drugs entering the United States. Only items that the US military considers a danger to the public will be confiscated.
b. As long as it is considered an anathema by a significant proportion of United States Citizens to use Heroin, cocaine or any other naturally grown drugs, the US military, the Secretary of State, and the customs bureaus will attempt to cooperate in a program to purchase all of these drugs from the growers Overseas in places like Afghanistan, Columbia, Peru and Mexico before they can be bought and smuggled in to the United States. The Customs bureau will attempt to sell all of these drugs to United States Pharmaceutical companies. All unsold drugs will be destroyed. Otherwise there will be no federally mandated “War on Drugs”. The individual State Governments, Counties, and municipalities may have their own policy towards illegal pharmaceuticals as per Democratic procedures.
c. The customs department will hand search all visitors luggage and or Vehicles.
d. All private foreign pleasure waters craft must radio in to the Coast Guard well before they enter the United States 12 nautical mile limit. They cannot enter our waters unless the weather and sea conditions permit boarding and inspection. Once their craft has been inspected they must proceed directly to the port of their choice. A customs official will remain on their craft until it is docked. There will be a fee assessed for this service. Once leaving dock they must proceed directly out of the United States 12 nm limit. If they wish to reenter US waters they must go through the same original procedures. Any US pleasure watercraft that leaves US waters must also go through the above procedures. But they will not be required to pay a fee or have any personnel remain aboard their craft.
e. All cargo ships that have the intention of going to any US harbor must invite the inspection of a team of Custom officials at their last port of call prior to entering US territory. Once the team ok’s the cargo, two members of the team will be armed and remain on the vessel and be present on the ship’s bridge in twelve hour shifts, until it reaches dock to make sure no suspicious activity occurs in transit. The owners of the cargo will reimburse the US for all costs of inspection and supervision.
Article. V. The United States Military Section 1. The Civilian Military Advisory Board (CMAB) in addition to the powers listed before in this constitution may at anytime advise the Joint Chiefs of Staffs to halt offensive military action by majority vote. The Joint Chiefs of Staffs may
continue any defensive military action as determined by the rules of engagement that were prior approved by the CMAB, unless the full body of the CMAB alters the rules of engagement by 100% vote. (You don’t want our military having personnel that are left defenseless after the initiation of hostilities were legally begun.) Section 2. The CMAB will be selected by popular vote of each state. Each State will contribute five members of this board. Until there are enough qualified candidates that are available to be selected by a process that will be described later, candidates from each state must have one of each of the following as a background. They must be residents of that state. Two candidates must be retired officers of any branch of the military with at least a rank of Full Colonel or its equivalent, who have had at six months of combat experience. One candidate must be a retired NCO with a rank of First Sergeant or above and six months of combat experience. One candidate must be a civilian who possesses a PHD in military history and or military science. One candidate must be a civilian who possesses a PHD in military ethics. Section 3. There will be a process created to educate a permanent slate of candidates for the CMAB. The Supreme Court Justice of each state will approve candidates in training to the CMAB. These candidates will be fully supported financially throughout their training by the Federal Government. As they successfully proceed through training their financial support will increase. These candidates will be educated at the collegiate level at our existing military colleges. They will be exempt from the physical requirements for future military officers. They will never be able to enlist in the military at an officer level. After graduation from the various military academies they must all obtain an MBA degree. They must receive advanced degrees in fields such as military history, military science, and military ethics. They can also qualify by obtaining PHD’s in Physics or Engineering. They must receive advance training in the various War colleges of our military. They should have at least two years experience in participating in military war gaming or simulations. Each year the Supreme Court Justice of their state will judge a candidates progress. If the Justice finds that the candidate is no longer acceptable, the candidate will receive a severance package and will be discharged from the program. Section 4. Candidates to the CMAB will undergo extensive background checks. Section 5. Members of the CMAB will be paid at the same level as a two star general or equivalent and receive the same benefits for life. Section 6. New members of the CMAB will be appointed by popular vote of their respective state. They will serve for ten years or until there the Supreme Court terminates service for cause. Section 7. The CMAB will be responsible for approving the budget of the various arms of the military, including but not limited to the numbers of various personnel, the replacement of worn or obsolete weaponry, the acquisition of new weapons, and the research and development of new warfare technologies.
Section 8. The CMAB will always be in active review of the deployment of US military or equipment on foreign soil. If such deployment is not directly in the interest of protecting United States territory, United States citizens, or vital resources it must be withdrawn. If the withdrawal of United States military will result in an imminent danger of invasion of the host country such as South Korea, then the CMAB and the Joint Chiefs of Staff must start planning an alternative defensive strategy or get the host nation to pay for our presence and the risk to our soldiers. Most of our NATO allies are part of the EU. For all intents and purposes the EU is its own quasi-‐nation. The EU must assume its own responsibilities for its Military defense. However the CMAB should have a mandate to create a new creative method to make an invasion of NATO improbable. This will require some creative thinking; such as creating facts on the ground within the EU that any invasion will result in a massive guerilla style warfare that will consume any invader. This tactic has been successful historically again and again. Europe needs to emulate Switzerland in creating citizen soldiers, as well as training and building small arms equipment availability. Section 9. The Joint Chiefs of Staffs will inherit all intelligence wings of the current government with the exception of the State department intelligence service. They will establish a new arm of the military and a General who will sit on the Joint Chief staff. The intelligence wing will create a system to detect and defend the government, its citizens and its corporations from cybercrime. If the source of the crime is from another country or agents of another country, the CMSB will decide the appropriate response. Section 10. All strategic weapons, i.e. nuclear weapons, and strategic defensive weapons will be gathered into another new arm of the military. This arm will also have a General who sits on the Joint Chiefs staff. This arm should also be in charge of developing space based defensive and offensive capabilities. The goal for our strategic forces is to develop the next generation of strategic capabilities that can dominate the rest of the world without destroying our planet. Section 11. All judicial arms of the current military, the various investigative branches, and the military police should be placed into one new arm of the military. There should be an Advocate General who is charge of this branch. This General will have a seat on the Joint Chiefs and will not be in the chain of command of any other person. The advocate General will only act as an observer and advisor on ethics at the Joint Chief Staff level. The advocate General will have a special relationship with the CMAB to thwart any threats of the use of military power against our citizenry. The advocate General can modify the Uniform Code of Justice All changes must be approved by unanimous consent CMSB. Section 12. All medical needs of the various branches, and civil defense commands should be under another branch of service. There should be a medical doctor who
serves as a General to command this branch. This Surgeon General will have an advisory seat on the Joint Chief of Staffs. Section 13. Veterans who have been injured while on active duty will receive private medical insurance and disability pay for life. The Federal government will pay for appropriate life insurance for all active military personnel. Section 14. All commissioned officers from our various military academies will be considered to be on permanent active duty until either their period of enlistment expires, they give notice of retirement and will be retired at the pleasure of the Joint Chiefs of Staffs, receive a medical discharge, or reach retirement age at the pleasure of the Joint Chief of Staffs. Section 15. All other commissioned officers will be considered as reserve officers. They will serve at the pleasure of the Joint Chiefs of Staff. Section 16. The military will attempt as a goal to have all necessary serving noncommissioned officers and below employed on a semiannual basis, i.e. splitting their careers 50% of the time as serving on active duty and 50% of their time in civilian employ. All private companies who can offer positions that can be accommodate the military will be appropriately rewarded. This will enable our basic military personnel to be citizen soldiers who can easily transition back to civilian life on retirement. It also serves as another check and balance against the military having too much power in our nation. The military will also attempt to maintain unit cohesion at the squad level or equivalent during military and civilian service. Section 17. The Joint Chief of Staffs can create a system of reserve officers, reserve NCO’s and lower personnel as they see fit. Section 18. There will be a special reserve branch of citizens who wish to exercise their right to bear arms in public. Any citizen who is licensed in the operation of a vehicle (presumably this person is competent enough to drive a car which is a lethal weapon) can ask for position in this special reserve branch. This person will have then have the right to open carry or concealed carry a firearm. The joint chiefs will determine what type of firearms will be allowed. The joint chiefs will determine the training and medical fitness levels required to be considered to be in this special reserve branch. No payment or any other benefits will be awarded for this service. However with such power comes the responsibility of being held to a stricter code of justice, the Military Code. Section 19. The Joint Chief of Staffs together with the CMAB will determine the export eligibility for any civilian product that can be used for military purposes. Section 20. The Joint Chiefs of Staffs and the CMAB will conduct daily joint security briefings.
Section 21. If the CMSB and the Joint Chiefs of Staff together decide any group or nation is engaging in activities that are limiting the free movement of commerce in the world by any means, the risks and benefits of opposing those activities will be discussed. If there is a consensus to take military action to thwart these activities it may be initiated by unanimous consent. If this military action requires more then a month to resolve, the continuance of military action must be consented by 75% of a popular national vote. Section 22. If the CMSB, the Secretary of State and the Joint Chiefs of Staff decide that it is the interest of the United States to place a partial or complete embargo on any person, group, country all citizens and US corporations must comply or face fines established by the Supreme Court. Article VI. United States Identity Protection Section 1. The Internet has shown there is an out of control problem with identity theft. Therefore a system must be established at the Federal Level to protect our citizens. Section 2. The Federal Citizen Identity depository and record depository
a. A secure facility will be established at Fort Knox. The records of the identity of all United States citizens will be maintained at this facility.
b. The facility will contain one, two, three, or four of the following proofs Of identity at the facility: Fingerprints, Infant footprints, DNA, Retinal Scans or dental x-‐rays. All these markers will be stored and sorted by old school technology. There will be no computers at this facility. Therefore the facility will be hack proof.
c. There will be kiosks established across the United States for a citizen to Submit his proof of citizenship in any or all of the above forms. All of the Information collected at the kiosk will be securely transferred to the depository for record keeping. Every citizen’s file will only contain the forms of physical identification that has been submitted. It will not contain birth name, mother’s name, fathers name, and dates of birth, sex, physical characteristics, or photographs.
d. If a citizen wishes to collect a proof of citizenship, the citizen can go to One of the kiosks and submit one of the forms of identification that the depository will have on file for that citizen. There will be multiple forms of proof that can be selected; a plastic card with a code, a number, a bracelet with an electronically imprinted code, etc.
e. There will be a second Federal depository that will be computerized and Have an Internet connection. The purpose of the second depository is to associate the citizen’s identity with other types of information or records. For example, the citizen must provide a copy of his birth certificate at least one time to this depository. This will establish the citizen’s date of birth and sex with the identification code. Any other
information that the citizen wishes to associate with this code will be accepted. For instance the citizens educational degrees, professional degrees or credit reports can be associated with the code. The citizen can choose any name to be associated with the code whether it was a birth name or not. However the facility will have access to a national Database. Any outstanding legal actions that are unresolved will be connected to the code. When a citizen presents his id to any entity it can Establish validity with the record depository.
f. This new code can be used to establish bank accounts, credit, driver’s License, passport, etc.
g. If a citizens’ identification has been compromised, then the citizen goes Back to a kiosk and establishes his citizenship to the identity depository. The depository will assign a new code. The citizen will then connect with the record depository with both codes. The record depository will associate all of the information connected to the old code and associate it to the new code. Now if anyone uses the old code it will be shown to be invalid. The identity theft is neutralized.