Proposed Constitution for
the Newstates of America
This transcript of the Proposed Constitution for the Newstates
of America was transferred from Col. Arch Roberts' website at Committee
to Restore the Constitution. When possible,
we transfer whole files — always giving credit to its source — in the event a
website with pertinent information may be discontinued. — Jackie
A CONSTITUTION FOR THE NEWSTATES OF AMERICA, from the book, THE
EMERGING CONSTITUTION by Rexford G. Tugwell, published 1974 (Harper &
Row: $20.00) illustrates with chilling clarity the final objective of
regional governance conspirators. The goal is a corporate state concentrating
economic, political and social powers in the hands of a ruling elite. "A
Constitution for the Newstates of America", is the fortieth version of
this revolutionary document prepared by a team of social experimenters at the
CENTER FOR THE STUDY OF DEMOCRATIC INSTITUTIONS, Fund for the Republic (Ford
Foundation), Post Office Box 4068, Santa Barbara, California 93103.
The Center, its first objective accomplished, has appointed
socialist-oriented University of Denver Chancellor Maurice B. Mitchell as its
new head and may merge with the Aspen Institute for Humanistic Studies, a
Colorado-based world government policy promotion agency.
Aspen Institute Chairman is Robert O. Anderson, chief executive
officer, Atlantic Richfield Company; member, Committee for Economic
Development (laid ground work for regional government), and advisory board
member, Institute for International Education. Anderson is the principal
figure in campaign aimed at seizing control of the National Rifle
Association.
______________________________________________________________
Constitution for the
Newstates of America
PREAMBLE
So that we may join in common endeavors, welcome the future in
good order, and create an adequate and self-repairing government - we, the
people, do establish the Newstates of America, herein provided to be ours,
and do ordain this Constitution whose supreme law it shall be until the time
prescribed for it shall have run.
ARTICLE I
Rights and Responsibilities
A. Rights
SECTION 1. Freedom of expression, of communication, of
movement, of assembly, or of petition shall not be abridged except in
declared emergency.
SECTION 2. Access to information possessed by
governmental agencies shall not be denied except in the interest of national
security; but communications among officials necessary to decision making
shall be privileged.
SECTION 3. Public communicators may decline to reveal
sources of information, but shall be responsible for hurtful disclosures.
SECTION 4. The privacy of individuals shall be respected;
searches and seizures shall be made only on judicial warrant; persons shall
be pursued or questioned only for the prevention of crime or the apprehension
of suspected criminals, and only according to rules established under law.
SECTION 5. There shall be no discrimination because of
race, creed, color, origin, or sex. The Court of Rights and Responsibilities
may determine whether selection for various occupations has been
discriminatory.
SECTION 6. All persons shall have equal protection of the
laws, and in all electoral procedures the vote of every eligible citizen
shall count equally with others.
SECTION 7. It shall be public policy to promote
discussion of public issues and to encourage peaceful public gatherings for
this purpose. Permission to hold such gatherings shall not be denied, nor
shall they be interrupted, except in declared emergency or on a showing of
imminent danger to public order and on judicial warrant.
SECTION 8. The practice of religion shall be privileged;
but no religion shall be imposed by some on others, and none shall have
public support.
SECTION 9. Any citizen may purchase, sell, lease, hold,
convey, and inherit real and personal property, and shall benefit equally
from all laws for security in such transactions.
SECTION 10. Those who cannot contribute to productivity
shall be entitled to a share of the national product; but distribution shall
be fair and the total may not exceed the amount for this purpose held in the
National Sharing Fund.
SECTION 11. Education shall be provided at public expense
for those who meet appropriate tests of eligibility.
SECTION 12. No person shall be deprived of life, liberty,
or property without due process of law. No property shall be taken without
compensation.
SECTION 13. Legislatures shall define crimes and
conditions requiring restraint, but confinement shall not be for punishment;
and, when possible, there shall be preparation for return to freedom.
SECTION 14. No person shall be placed twice in jeopardy
for the same offense.
SECTION 15. Writs of habeas corpus shall not be suspended
except in declared emergency.
SECTION 16. Accused persons shall be informed of charges
against them, shall have a speedy trial, shall have reasonable bail, shall be
allowed to confront witnesses or to call others, and shall not be compelled
to testify against themselves; at the time of arrest they shall be informed
of their right to be silent and to have counsel, provided, if necessary, at
public expense; and courts shall consider the contention that prosecution may
be under an invalid or unjust statute.
B. Responsibilities
SECTION 1. Each freedom of the citizen shall prescribe a
corresponding responsibility not to diminish that of others: of speech,
communication, assembly, and petition, to grant the same freedom to others;
of religion, to respect that of others; of privacy, not to invade that of
others; of the holding and disposal of property, the obligation to extend the
same privilege to others.
SECTION 2. Individuals and enterprises holding themselves
out to serve the public shall serve all equally and without intention to
misrepresent, conforming to such standards as may improve health and welfare.
SECTION 3. Protection of the law shall be repaid by
assistance in its enforcement; this shall include respect for the procedures
of justice, apprehension of lawbreakers, and testimony at trial.
SECTION 4. Each citizen shall participate in the
processes of democracy, assisting in the selection of officials and in the
monitoring of their conduct in office.
SECTION 5. Each shall render such services to the nation
as may be uniformly required by law, objection by reason of conscience being
adjudicated as hereinafter provided; and none shall expect or may receive
special privileges unless they be for a public purpose defined by law.
SECTION 6. Each shall pay whatever share of governmental
costs is consistent with fairness to all.
SECTION 7. Each shall refuse awards or titles from other
nations or their representatives except as they be authorized by law.
SECTION 8. There shall be a responsibility to avoid violence
and to keep the peace; for this reason the bearing of arms or the possession
of lethal weapons shall be confined to the police, members of the armed
forces, and those licensed under law.
SECTION 9. Each shall assist in preserving the endowments
of nature and enlarging the inheritance of future generations.
SECTION 10. Those granted the use of public lands, the
air, or waters shall have a responsibility for using these resources so that,
if irreplaceable, they are conserved and, if replaceable, they are put back
as they were.
SECTION 11. Retired officers of the armed forces, of the
senior civil service, and of the Senate shall regard their service as a
permanent obligation and shall not engage in enterprise seeking profit from
the government.
SECTION 12. The devising or controlling of devices for
management or technology shall establish responsibility for resulting costs.
SECTION 13. All rights and responsibilities defined
herein shall extend to such associations of citizens as may be authorized by
law.
ARTICLE II
The Newstates
SECTION 1. There shall be Newstates, each comprising no
less than 5 percent of the whole population. Existing states may continue and
may have the status of Newstates if the Boundary Commission, hereinafter provided,
shall so decide. The Commission shall be guided in its recommendations by the
probability of accommodation to the conditions for effective government.
States electing by referendum to continue if the Commission recommend
otherwise shall nevertheless accept all Newstate obligations.
SECTION 2. The Newstates shall have constitutions
formulated and adopted by processes hereinafter prescribed.
SECTION 3. They shall have Governors, legislatures, and
planning, administrative, and judicial systems.
SECTION 4. Their political procedures shall be organized
and supervised by electoral Overseers; but their elections shall not be in
years of presidential election.
SECTION 5. The electoral apparatus of the Newstates of
America shall be available to them, and they may be allotted funds under
rules agreed to by the national Overseer; but expenditures may not be made by
or for any candidate except they be approved by the Overseer; and
requirements of residence in a voting district shall be no longer than thirty
days.
SECTION 6. They may charter subsidiary governments, urban
or rural, and may delegate to them powers appropriate to their
responsibilities.
SECTION 7. They may lay, or may delegate the laying of,
taxes; but these shall conform to the restraints stated hereinafter for the
Newstates of America.
SECTION 8. They may not tax exports, may not tax with
intent to prevent imports, and may not impose any tax forbidden by laws of
the Newstates of America; but the objects appropriate for taxation shall be
clearly designated.
SECTION 9. Taxes on land may be at higher rates than
those on its improvements.
SECTION 10. They shall be responsible for the
administration of public services not reserved to the government of the
Newstates of America, such activities being concerted with those of
corresponding national agencies, where these exist, under arrangements common
to all.
SECTION 11. The rights and responsibilities prescribed in
this Constitution shall be effective in the Newstates and shall be suspended
only in emergency when declared by Governors and not disapproved by the
Senate of the Newstates of America.
SECTION 12. Police powers of the Newstates shall extend
to all matters not reserved to the Newstates of America; but preempted powers
shall not be impaired.
SECTION 13. Newstates may not enter into any treaty,
alliance, confederation, or agreement unless approved by the Boundary
Commission hereinafter provided.
They may not coin money, provide for
the payment of debts in any but legal tender, or make any charge for
inter-Newstate services. They may not enact ex post facto laws or ones
impairing the obligation of contracts.
SECTION 14. Newstates may not impose barriers to imports
from other jurisdictions or impose any hindrance to citizens' freedom of
movement.
SECTION 15. If governments of the Newstates fail to carry
out fully their constitutional duties, their officials shall be warned and
may be required by the Senate, on the recommendation of the Watchkeeper, to
forfeit revenues from the Newstates of America.
ARTICLE III
The Electoral Branch
SECTION 1. To arrange for participation by the
electorate in the determination of policies and the selection of officials,
there shall be an Electoral Branch.
SECTION 2. An Overseer of electoral procedures shall be
chosen by majority of the Senate and may be removed by a two-thirds vote. It
shall be the Overseer's duty to supervise the organization of national and
district parties, arrange for discussion among them, and provide for the
nomination and election of candidates for public office. While in office the
Overseer shall belong to no political organization; and after each
presidential election shall offer to resign.
SECTION 3. A national party shall be one having had at
least a 5 percent affiliation in the latest general election; but a new party
shall be recognized when valid petitions have been signed by at least 2
percent of the voters in each of 30 percent of the districts drawn for the
House of Representatives. Recognition shall be suspended upon failure to gain
5 percent of the votes at a second election, 10 percent at a third, or 15
percent at further elections.
District parties shall be recognized
when at least 2 percent of the voters shall have signed petitions of
affiliation; but recognition shall be withdrawn upon failure to attract the
same percentages as are necessary for the continuance of national parties.
SECTION 4. Recognition by the Overseer shall bring
parties within established regulations and entitle them to common privileges.
SECTION 5. The Overseer shall promulgate rules for party
conduct and shall see that fair practices are maintained, and for this
purpose shall appoint deputies in each district and shall supervise the
choice, in district and national conventions, of party administrators.
Regulations and appointments may be objected to by the Senate.
SECTION 6. The Overseer, with the administrators and
other officials, shall:
a. Provide the means for
discussion, in each party, of public issues, and, for this purpose, ensure
that members have adequate facilities for participation.
b. Arrange for discussion,
in annual district meetings, of the President's views, of the findings of the
Planning Branch, and such other information as may be pertinent for
enlightened political discussion.
c. Arrange, on the first
Saturday in each month, for enrollment, valid for one year, of voters at
convenient places.
SECTION 7. The Overseer shall also:
a. Assist the parties in
nominating candidates for district members of the House of Representatives
each three years; and for this purpose designate one hundred districts, each
with a similar number of eligible voters, redrawing districts after each
election. In these there shall be party conventions having no more than three
hundred delegates, so distributed that representation of voters be
approximately equal.
Candidates for
delegate may become eligible by presenting petitions signed by two hundred
registered voters. They shall be elected by party members on the first
Tuesday in March, those having the largest number of votes being chosen until
the three hundred be complete. Ten alternates shall also be chosen by the
same process.
District conventions
shall be held on the first Tuesday in April. Delegates shall choose three
candidates for membership in the House of Representatives, the three having
the most votes becoming candidates.
b. Arrange for the election
each three years of three members of the House of Representatives in each
district from among the candidates chosen in party conventions, the three
having the most votes to be elected.
SECTION 8. The Overseer shall also:
a. Arrange for national
conventions to meet nine years after previous presidential elections, with an
equal number of delegates from each district, the whole number not to exceed
one thousand.
Candidates for
delegates shall be eligible when petitions signed by five hundred registered
voters have been filed. Those with the most votes, together with two
alternates, being those next in number of votes, shall be chosen in each
district.
b. Approve procedures in
these conventions for choosing one hundred candidates to be members-at-large
of the House of Representatives, whose terms shall be coterminous with that
of the President. For this purpose delegates shall file one choice with
convention officials. Voting on submissions shall proceed until one hundred
achieve 10 percent, but not more than three candidates may be resident in any
one district; if any district have more than three, those with the fewest
votes shall be eliminated, others being added from the districts having less
than three, until equality be reached. Of those added, those having the most
votes shall be chosen first.
c. Arrange procedures
for the consideration and approval of party objectives by the convention.
d. Formulate rules for the
nomination in these conventions of candidates for President and Vice-Presidents
when the offices are to fall vacant, candidates for nomination to be
recognized when petitions shall have been presented by one hundred or more
delegates, pledged to continue support until candidates can no longer win or
until they consent to withdraw. Presidents and Vice-Presidents, together with
Representatives-at-large, shall submit to referendum after serving for three
years, and if they are rejected, new conventions shall be held within one
month and candidates shall be chosen as for vacant offices.
Candidates for President and Vice-Presidents shall be nominated on attaining
a majority.
e. Arrange for the election
on the first Tuesday in June, in appropriate years, of new candidates for
President and Vice-Presidents, and members-at-large of the House of
Representatives, all being presented to the nation's voters as a ticket; if
no ticket achieve a majority, the Overseer shall arrange another election, on
the third Tuesday in June, between the two persons having the most votes; and
if referendum so determine he shall provide similar arrangements for the
nomination and election of candidates.
In this
election, the one having the most votes shall prevail.
SECTION 9. The Overseer shall also:
a. Arrange for the
convening of the national legislative houses on the fourth Tuesday of July.
b. Arrange for inauguration
of the President and Vice-Presidents on the second Tuesday of August.
SECTION 10. All costs of electoral procedures shall be
paid from public funds, and there shall be no private contributions to
parties or candidates; no contributions or expenditures for meetings,
conventions, or campaigns shall be made; and no candidate for office may make
any personal expenditures unless authorized by a uniform rule of the
Overseer; and persons or groups making expenditures, directly or indirectly,
in support of prospective candidates shall report to the Overseer and shall
conform to his regulations.
SECTION 11. Expenses of the Electoral Branch shall be met
by the addition of one percent to the net annual taxable income returns of
taxpayers, this sum to be held by the Chancellor of Financial Affairs for
disposition by the Overseer.
Funds shall be distributed to parties
in proportion to the respective number of votes cast for the President and
Governors at the last election, except that new parties, on being recognized,
shall share in proportion to their number. Party administrators shall make
allocations to legislative candidates in amounts proportional to the party
vote at the last election.
Expenditures shall be audited by the
Watchkeeper; and sums not expended within four years shall be returned to the
Treasury.
It shall be a condition of every
communications franchise that reasonable facilities shall be available for
allocations by the Overseer.
ARTICLE IV
The Planning Branch
SECTION 1. There shall be a Planning Branch to formulate
and administer plans and to prepare budgets for the uses of expected income
in pursuit of policies formulated by the processes provided herein.
SECTION 2. There shall be a National Planning Board of
fifteen members appointed by the President; the first members shall have
terms designated by the President of one to fifteen years, thereafter one
shall be appointed each year; the President shall appoint a Chairman who
shall serve for fifteen years unless removed by him.
SECTION 3. The Chairman shall appoint, and shall
supervise, a planning administrator, together with such deputies as may be
agreed to by the Board.
SECTION 4. The Chairman shall present to the Board six-
and twelve-year development plans prepared by the planning staff. They shall
be revised each year after public hearings, and finally in the year before
they are to take effect. They shall be submitted to the President on the
fourth Tuesday in July for transmission to the Senate on September 1 with his
comments.
If members of the Board fail to approve
the budget proposals by the forwarding date, the Chairman shall nevertheless
make submission to the President with notations of reservation by such
members. The President shall transmit this proposal, with his comments, to
the House of Representatives on September 1.
SECTION 5. It shall be recognized that the six-and
twelve-year development plans represent national intentions tempered by the
appraisal of possibilities. The twelve-year plan shall be a general estimate
of probable progress, both governmental and private; the six-year plan shall
be more specific as to estimated income and expenditure and shall take
account of necessary revisions.
The purpose shall be to advance,
through every agency of government, the excellence of national life. It shall
be the further purpose to anticipate innovations, to estimate their impact, to
assimilate them into existing institutions, and to moderate deleterious
effects on the environment and on society.
The six- and twelve-year plans shall be
disseminated for discussion and the opinions expressed shall be considered in
the formulation of plans for each succeeding year with special attention to
detail in proposing the budget.
SECTION 6. For both plans an extension of one year into
the future shall be made each year and the estimates for all other years
shall be revised accordingly. For nongovernmental activities the estimate of
developments shall be calculated to indicate the need for enlargement or
restriction.
SECTION 7. If there be objection by the President or the
Senate to the six- or twelve-year plans, they shall be returned for restudy
and resubmission. If there still be differences, and if the President and the
Senate agree, they shall prevail. If they do not agree, the Senate shall
prevail and the plan shall be revised accordingly.
SECTION 8. The Newstates, on June 1, shall submit
proposals for development to be considered for inclusion in those for the
Newstates of America. Researches and administration shall be delegated, when
convenient, to planning agencies of the Newstates.
SECTION 9. There shall be submissions from private
individuals or from organized associations affected with a public interest,
as defined by the Board. They shall report intentions to expand or contract,
estimates of production and demand, probable uses of resources, numbers
expected to be employed, and other essential information.
SECTION 10. The Planning Branch shall make and have
custody of official maps, and these shall be documents of reference for
future developments both public and private; on them the location of
facilities, with extension indicated, and the intended use of all areas shall
be marked out.
Official maps shall also be maintained
by the planning agencies of the Newstates, and in matters not exclusively
national the National Planning Board may rely on these.
Undertakings in violation of official
designation shall be at the risk of the venturer, and there shall be no
recourse; but losses from designations after acquisition shall be recoverable
in actions before the Court of Claims.
SECTION 11. The Planning Branch shall have available to
it funds equal to one-half of one percent of the approved national budget
(not including debt services or payments from trust funds). They shall be
held by the Chancellor of Financial Affairs and expended according to rules
approved by the Board; but funds not expended within six years shall be
available for other uses.
SECTION 12. Allocations may be made for the planning
agencies of the Newstates; but only the maps and plans of the national Board,
or those approved by them, shall have status at law.
SECTION 13. In making plans, there shall be due regard to
the interests of other nations and such cooperation with their intentions as
may be approved by the Board.
SECTION 14. There may also be cooperation with
international agencies and such contributions to their work as are not
disapproved by the President.
ARTICLE V
The Presidency
SECTION 1. The President of the Newstates of America
shall be the head of government, shaper of its commitments, expositor of its
policies, and supreme commander of its protective forces; shall have one term
of nine years, unless rejected by 60 percent of the electorate after three
years; shall take care that the nation's resources are estimated and are
apportioned to its more exigent needs; shall recommend such plans,
legislation, and action as may be necessary; and shall address the
legislators each year on the state of the nation, calling upon them to do
their part for the general good.
SECTION 2. There shall be two Vice-Presidents elected
with the President; at the time of taking office the President shall
designate one Vice-President to supervise internal affairs; and one to be
deputy for general affairs. The deputy for general affairs shall succeed if
the presidency be vacated; the Vice-President for internal affairs shall be
second in succession. If either Vice-President shall die or be incapacitated,
the President, with the consent of the Senate, shall appoint a successor.
Vice-Presidents shall serve during an extended term with such assignments as
the President may make.
If the presidency fall vacant through
the disability of both Vice-Presidents, the Senate shall elect successors
from among its members to serve until the next general election.
With the Vice-Presidents and other
officials the President shall see to it that the laws are faithfully executed
and shall pay attention to the findings and recommendations of the Planning
Board, the National Regulatory Board, and the Watchkeeper in formulating
national policies.
SECTION 3. Responsible to the Vice-President for General
Affairs there shall be Chancellors of External, Financial, Legal, and
Military Affairs.
The Chancellor of External Affairs
shall assist in conducting relations with other nations.
The Chancellor of Financial Affairs
shall supervise the nation's financial and monetary systems, regulating its
capital markets and credit-issuing institutions as they may be established by
law; and this shall include lending institutions for operations in other
nations or in cooperation with them, except that treaties may determine their
purposes and standards.
The Chancellor of Legal Affairs shall
advise governmental agencies and represent them before the courts.
The Chancellor of Military Affairs
shall act for the presidency in disposing all armed forces except militia
commanded by governors; but these shall be available for national service at
the President's convenience.
Except in declared emergency, the deployment
of forces in far waters or in other nations without their consent shall be
notified in advance to a national security committee of the Senate
hereinafter provided.
SECTION 4. Responsible to the Vice-President for Internal
Affairs there shall be chancellors of such departments as the President may
find necessary for performing the services of government and are not rejected
by a two-thirds vote when the succeeding budget is considered.
SECTION 5. Candidates for the presidency and the
vice-presidencies shall be natural-born citizens. Their suitability may be
questioned by the Senate within ten days of their nomination, and if
two-thirds of the whole agree, they shall be ineligible and a nominating
convention shall be reconvened. At the time of his nomination no candidate
shall be a member of the Senate and none shall be on active service in the
armed forces or a senior civil servant.
SECTION 6. The President may take leave because of
illness or for an interval of relief, and the Vice-President in charge of
General Affairs shall act. The President may resign if the Senate agree; and,
if the term shall have more than two years to run, the Overseer shall arrange
for a special election for President and Vice-President.
SECTION 7. The Vice-Presidents may be directed to perform
such ministerial duties as the President may find convenient; but their
instructions shall be of record, and their actions shall be taken as his
deputy.
SECTION 8. Incapacitation may be established without
concurrence of the President by a three-quarters vote of the Senate,
whereupon a successor shall become Acting President until the disability be
declared, by a similar vote, to be ended or to have become permanent.
Similarly the other Vice-President shall succeed if a predecessor die or be
disabled. Special elections, in these contingencies, may be required by the
Senate.
Acting Presidents may appoint deputies,
unless the Senate object, to assume their duties until the next election.
SECTION 9. The Vice-Presidents, together with such other
officials as the President may designate from time to time, may constitute a
cabinet or council; but this shall not include officials of other branches.
SECTION 10. Treaties or agreements with other nations,
negotiated under the President's authority, shall be in effect unless
objected to by a majority of the Senate within ninety days. If they are
objected to, the President may resubmit and the Senate reconsider. If a
majority still object, the Senate shall prevail.
SECTION 11. All officers, except those of other branches,
shall be appointed and may be removed by the President. A majority of the
Senate may object to appointments within sixty days, and alternative
candidates shall be offered until it agrees.
SECTION 12. The President shall notify the Planning Board
and the House of Representatives, on the fourth Tuesday in June, what the
maximum allowable expenditures for the ensuing fiscal year shall be.
The President may determine to make
expenditures less than provided in appropriations; but, except in declared
emergency, none shall be made in excess of appropriations. Reduction shall be
because of changes in requirements and shall not be such as to impair the
integrity of budgetary procedures.
SECTION 13. There shall be a Public Custodian, appointed
by the President and removable by him, who shall have charge of properties
belonging to the government, but not allocated to specific agencies, who
shall administer common public services, shall have charge of building construction
and rentals, and shall have such other duties as may be designated by the
President or the designated Vice-Presidents.
SECTION 14. There shall be an Intendant responsible to
the President who shall supervise Offices for Intelligence and Investigation;
also an Office of Emergency Organization with the duty of providing plans and
procedures for such contingencies as can be anticipated.
The Intendant shall also charter
nonprofit corporations (or foundations), unless the President shall object,
determined by him to be for useful public purposes. Such corporations shall
be exempt from taxation but shall conduct no profitmaking enterprises.
SECTION 15. The Intendant shall also be a counselor for
the coordination of scientific and cultural experiments, and for studies
within the government and elsewhere, and for this purpose shall employ such
assistance as may be found necessary.
SECTION 16. Offices for other purposes may be established
and may be discontinued by presidential order within the funds allocated in
the procedures of appropriation.
ARTICLE VI
The Legislative Branch
(The Senate and the House of Representatives)
A. The Senate
SECTION 1. There shall be a Senate with membership as
follows: If they so desire, former Presidents, Vice-Presidents, Principal
Justices, Overseers, Chairmen of the Planning and Regulatory Boards,
Governors having had more than seven years' service, and unsuccessful
candidates for the presidency and vice-presidency who have received at least
30 percent of the vote. To be appointed by the President, three persons who
have been Chancellors, two officials from the civil services, two officials
from the diplomatic services, two senior military officers, also one person
from a panel of three, elected in a process approved by the Overseer, by each
of twelve such groups or associations as the President may recognize from
time to time to be nationally representative, but none shall be a political
or religious group, no individual selected shall have been paid by any
private interest to influence government, and any association objected to by
the Senate shall not be recognized. Similarly, to be appointed by the Principal
Justice, two persons distinguished in public law and two former members of
the High Courts or the Judicial Council. Also, to be elected by the House of
Representatives, three members who have served six or more years.
Vacancies shall be filled as they
occur.
SECTION 2. Membership shall continue for life, except
that absences not provided for by rule shall constitute retirement, and that
Senators may retire voluntarily.
SECTION 3. The Senate shall elect as presiding officer a
Convener who shall serve for two years, when his further service may be
discontinued by a majority vote. Other officers, including a Deputy, shall be
appointed by the Convener unless the Senate shall object.
SECTION 4. The Senate shall meet each year on the second
Tuesday in July and shall be in continuous session, but may adjourn to the
call of the Convener. A quorum shall be more than three-fifths of the whole
membership.
SECTION 5. The Senate shall consider, and return within
thirty days, all measures approved by the House of Representatives (except
the annual budget). Approval or disapproval shall be by a majority vote of
those present. Objection shall stand unless the House of Representatives
shall overcome it by a majority vote plus one; if no return be made, approval
by the House of Representatives shall be final.
For consideration of laws passed by the
House of Representatives or for other purposes, the Convener may appoint
appropriate committees.
SECTION 6. The Senate may ask advice from the Principal
Justice concerning the constitutionality of measures before it; and if this
be done, the time for return to the House of Representatives may extend to
ninety days.
SECTION 7. If requested, the Senate may advise the
President on matters of public interest; or, if not requested, by resolution
approved by two-thirds of those present. There shall be a special duty to
note expressions of concern during party conventions and commitments made
during campaigns; and if these be neglected, to remind the President and the
House of Representatives that these undertakings are to be considered.
SECTION 8. In time of present or prospective danger
caused by cataclysm, by attack, or by insurrection, the Senate may declare a
national emergency and may authorize the President to take appropriate
action. If the Senate be dispersed, and no quorum available, the President
may proclaim the emergency, and may terminate it unless the Senate shall have
acted. If the President be not available, and the circumstances extreme, the
senior serving member of the presidential succession may act until a quorum
assembles.
SECTION 9. The Senate may also define and declare a
limited emergency in time of prospective danger, or of local or regional
disaster, or if an extraordinary advantage be anticipated. It shall be
considered by the House of Representatives within three days and, unless
disapproved, may extend for a designated period and for a limited area before
renewal.
Extraordinary expenditures during
emergency may be approved, without regard to usual budget procedures, by the
House of Representatives with the concurrence of the President.
SECTION 10. The Senate, at the beginning of each session,
shall select three of its members to constitute a National Security Committee
to be consulted by the President in emergencies requiring the deployment of
the armed forces abroad. If the Committee dissent from the President's
proposal, it shall report to the Senate, whose decision shall be final.
SECTION 11. The Senate shall elect, or may remove, a
National Watchkeeper, and shall oversee, through a standing committee, a
Watchkeeping Service conducted according to rules formulated for their
approval.
With the assistance of an appropriate
staff the Watchkeeper shall gather and organize information concerning the
adequacy, competence, and integrity of governmental agencies and their
personnel, as well as their continued usefulness; and shall also suggest the
need for new or expanded services, making report concerning any agency of the
deleterious effect of its activities on citizens or on the environment.
The Watchkeeper shall entertain
petitions for the redress of grievances and shall advise the appropriate
agencies if there be need for action.
For all these purposes, personnel may
be appointed, investigations made, witnesses examined, postaudits made, and
information required.
The Convener shall present the
Watchkeeper's findings to the Senate, and if it be judged to be in the public
interest, they shall be made public or, without being made public, be sent to
the appropriate agency for its guidance and such action as may be needed. On
recommendation of the Watchkeeper the Senate may initiate corrective measures
to be voted on by the House of Representatives within thirty days. When
approved by a majority and not vetoed by the President, they shall become
law.
For the Watchkeeping Service
one-quarter of one percent of individual net taxable incomes shall be held by
the Chancellor of Financial Affairs; but amounts not expended in any fiscal
year shall be available for general use.
B. The House of Representatives
SECTION 1. The House of Representatives shall be the
original lawmaking body of the Newstates of America.
SECTION 2. It shall convene each year on the second
Tuesday in July and shall remain in continuous session except that it may
adjourn to the call of a Speaker, elected by majority vote from among the
Representatives-at-large, who shall be its presiding officer.
SECTION 3. It shall be a duty to implement the provisions
of this constitution and, in legislating, to be guided by them.
SECTION 4. Party leaders and their deputies shall be
chosen by caucus at the beginning of each session.
SECTION 5. Standing and temporary committees shall be
selected as follows:
Committees dealing with the calendaring
and management of bills shall have a majority of members nominated to party
caucuses by the Speaker; other members shall be nominated by minority
leaders. Membership shall correspond to the parties' proportions at the last
election. If nominations be not approved by a majority of the caucus, the
Speaker or the minority leaders shall nominate others until a majority shall
approve.
Members of other committees shall be
chosen by party caucus in proportion to the results of the last election.
Chairmen shall be elected annually from among at-large members.
Bills referred to committees shall be
returned to the house with recommendations within sixty days unless extension
be voted by the House.
In all committee actions names of those
voting for and against shall be recorded.
No committee chairman may serve longer
than six years.
SECTION 6. Approved legislation, not objected to by the
Senate within the alloted time, shall be presented to the President for his
approval or disapproval. If the President disapprove, and three-quarters of
the House membership still approve, it shall become law. The names of those
voting for and against shall be recorded. Bills not returned within eleven
days shall become law.
SECTION 7. The President may have thirty days to consider
measures approved by the House unless they shall have been submitted twelve
days previous to adjournment.
SECTION 8. The House shall consider promptly the annual
budget; if there be objection, it shall be notified to the Planning Board;
the Board shall then resubmit through the President; and, with his comments,
it shall be returned to the House. If there still be objection by a
two-thirds majority, the House shall prevail. Objection must be by whole
title; titles not objected to when voted on shall constitute appropriation.
The budget for the fiscal year shall be
in effect on January 1. Titles not yet acted on shall be as in the former
budget until action be completed.
SECTION 9. It shall be the duty of the House to make laws
concerning taxes.
1. For their laying and collection:
a. They shall be uniform,
and shall not be retroactive.
b. Except such as may be
authorized by law to be laid by Authorities, or by the Newstates, all
collections shall be made by a national revenue agency. This shall include
collections for trust funds hereinafter authorized.
c. Except for corporate
levies to be held in the National Sharing Fund, hereinafter authorized, taxes
may be collected only from individuals and only from incomes; but there may
be withholding from current incomes.
d. To assist in the
maintenance of economic stability, the President may be authorized to alter
rates by executive order.
e. They shall be imposed on
profitmaking enterprises owned or conducted by religious establishments or
other nonprofit organizations.
f. There shall be none on
food, medicines, residential rentals, or commodities or services designated
by law as necessities; and there shall be no double taxation.
g. None shall be levied for
registering ownership or transfer of property.
2. For expenditures from revenues:
a. For the purposes
detailed in the annual budget unless objection be made by the procedure
prescribed herein.
b. For such other purposes
as the House may indicate and require the Planning Branch to include in
revisions of the budget; but, except in declared emergency, the total may not
exceed the President's estimate of available funds.
3. For fixing the percentage of net
corporate taxable incomes to be paid into a National Sharing Fund to be held
in the custody of the Chancellor of Financial Affairs and made available for
such welfare and environmental purposes as are authorized by law.
4. To provide for the regulation of
commerce with other nations and among the Newstates, Possessions,
Territories; or, as shall be mutually agreed, with other organized
governments; but exports shall not be taxed; and imports shall not be taxed
except on recommendation of the President at rates whose allowable variation
shall have been fixed bylaw. There shall be no quotas, and no nations favored
by special rates, unless by special acts requiring two-thirds majorities.
5. To establish, or provide for the
establishment of, institutuions for the safekeeping of savings, for the
gathering and distribution of capital, for the issuance of credit, for
regulating the coinage of money, for controlling them edia of exchange, and
for stabilizing prices; but such institutions, when not public or semipublic,
shall be regarded as affected with the public interest and shall be
supervised by the Chancellor of Financial Affairs.
6. To establish institutions for
insurance against risks and liabilities, or to provide suitable agencies for
the regulation of such as are not public.
7. To ensure the maintenance, by
ownership or regulation, of facilities for communication, transportation, and
others commonly used and necessary for public convenience.
8. To assist in the maintenance of
world order, and, for this purpose, when the President shall recommend, to
vest jurisdiction in international legislative, judicial, or administrative
agencies.
9. To develop with other peoples, and
for the benefit of all, the resources of space, of other bodies in the
universe, and of the seas beyond twelve miles from low-water shores unless
treaties shall provide other limits.
10. To assist other peoples who have
not attained satisfactory levels of well-being; to delegate the
administration of funds for assistance, whenever possible, to international
agencies; and to invest in or contribute to the furthering of development in
other parts of the world.
11. To assure, or to assist in
assuring, adequate and equal facilities for education; for training in
occupations citizens may be fitted to pursue; and to reeducate or retrain
those whose occupations may become obsolete.
12. To establish or to assist institutions
devoted to higher education, to research, or to technical training.
13. To establish and maintain, or
assist in maintaining, libraries, archives, monuments, and other places of
historic interest.
14. To assist in the advancement of sciences
and technologies; and to encourage cultural activities.
15. To conserve natural resources by
purchase, by withdrawal from use, or by regulation; to provide, or to assist
in providing, facilities for recreation; to establish and maintain parks,
forests, wilderness areas, wetlands, and prairies; to improve streams and
other waters; to ensure the purity of air and water; to control the erosion
of soils; and to provide for all else necessary for the protection and common
use of the national heritage.
16. To acquire property and
improvements for public use at costs to be fixed, if necessary, by the Court
of Claims.
17. To prevent the stoppage or
hindrance of governmental procedures, or of other activities affected with a
public interest as defined by law, by reason of disputes between employers
and employees, or for other reasons, and for this purpose to provide for
conclusive arbitration if adquate provision for collective bargaining fail.
From such finding there may be appeal to the Court of Arbitration Review; but
such proceedings may not stay the acceptance of findings.
18. To support an adequate civil
service for the performance of such duties as may be designated by
administrators; and for this purpose to refrain from interference with the
processes of appointment or placement, asking advice or testimony before
committees only with the consent of appropriate superiors.
19. To provide for the maintenance of
armed forces.
20. To enact such measures as will
assist families in making adjustment to future conditions, using estimates
concerning population and resources made by the Planning Board.
21. To vote within ninety days on such
measures as the President may designate as urgent.
ARTICLE VII
The Regulatory Branch
SECTION 1. There shall be a Regulatory Branch, and there
shall be a National Regulator chosen by majority vote of the Senate and
remoable by a two-thirds vote of that body. His term shall be seven years,
and he shall preside over a National Regulatory Board. Together they shall
make and administer rules for the conduct of all economic enterprises.
The Regulatory Branch shall have such
agencies as the Board may find necessary and are not disapproved by law.
SECTION 2. The Regulatory Board shall consist of
seventeen members recommended to the Senate by the Regulator. Unless rejected
by majority vote they shall act with the Regulator as a lawmaking body for
industry.
They shall initially have terms of one
or seventeen years, one being replaced each year and serving for seventeen
years. They shall be compensated and shall have no other occupation.
SECTION 3. Under procedures approved by the board, the
Regulator shall charter all corporations or enterprises except those exempted
because of sixe or other characteristics, or those supervised by the
Chancellor of Financial Affairs, or by the Intendant, or those whose
activities are confined to one Newstate.
Charters shall describe proposed
activities, and departure from these shall require amendment on penalty of
revocation. For this purpose there shall be investigation and enforcement
services under the direction of the Regulator.
SECTION 4. Chartered enterprises in similar industries or
occupations may organize joint Authorities. These may formulate among
themselves codes to ensure fair competition, meet external costs, set
standards for quality and service, expand trade, increase production,
eliminate waste, and assist in standardization. Authorities may maintain for
common use services for research and communcation; but membership shall be
open to all eligible enterprises. Nonmembers shall be required to maintain
the same standards at those prescribed for members.
SECTION 5. Authorities shall have governing committees of
five, two being appointed by the Regulator to represent the public. they
shall serve as he may determine; they shall be compensated; and he shall take
care that there be no conflicts of interest. The Board may approve or
prescribe rules for the distribution of profits to stockholders, allowable
amounts of working capital, and reserves. Costing and all other practices
affecting the public interest shall be monitored.
All codes shall be subject to review by
the Regulator with his Board.
SECTION 6. Member enterprises of an Authority shall be
exempt from other regulation.
SECTION 7. The Regulator, with his Board, shall fix
standards and procedures for mergers of enterprises or the acquisition of
some by others; and these shall be in effect unless rejected by the Court of
Administrative Settlements. The purpose shall be to encourage adaptation to
change and to further approved intentions for the nation.
SECTION 8. The charters of enterprises may be revoked and
Authorities may be dissolved by the Regulator, with the concurrence of the
Board, if they restrict the production of goods and services, or controls of
their prices; also if external costs are not assessed to their originators or
if the ecological impacts of their operations are deleterious.
SECTION 9. Operations extending abroad shall conform to
policies notified to the Regulator by the President; and he shall restrict or
control such activities as appear to injure the national interest.
SECTION 10. The Regulator shall make rules for and shall
supervise marketplaces for goods and services; but this shall not include
security exchanges regulated by the Chancellor of Financial Affairs.
SECTION 11. Designation of enterprises affected with a
public interest, rules for conduct of enterprises and of their Authorities,
and other actions of the Regulator or of the Board may be appealed to the
Court of Administrative Settlements, whose judgments shall be informed by the
intention to establish fairness to consumer and competitors and stability in
economic affairs.
SECTION 12. Responsible also to the Regulator, there
shall be an Operations Commission appointed by the Regulator, unless the
Senate object, for the supervision of enterprises owned in whole or in part
by government. The commission shall choose its chairman, and he shall be the
executive head of a supervisory staff. He may require reports, conduct
investigations, and make rules and recommendations concerning surpluses or
deficits, the absorption of external costs, standards of service, and rates
or oprices charged for services or goods.
Each enterprise shall have a director,
chosen and removable by the Commission; and he shall conduct its affairs in
accordance with standards fixed by the Commission.
ARTICLE VIII
The Judicial Branch
SECTION 1. There shall be a Principal Justice of the
Newstates of America; a Judicial Council; and a Judicial Assembly. There
shall also be a Supreme Court and a High Court of Appeals; also Courts of
Claims, Rights and Duties, Administrative Review, Arbitration Settlements,
Tax Appeals, and Appeals from Watchkeeper's Findings. There shall be Circuit
Courts to be of first resort in suits brought under national law; and they
shall hear appeals from courts of the Newstates.
Other courts may be established by law on recommendation of the
Principal Justice with the Judicial Council.
SECTION 2. The Principal Justice shall preside over the judicial
system, shall appoint the members of all national courts, and, unless the
Judicial Council object, shall make its rules; also, through an
Administrator, supervise its operations.
SECTION 3. The Judicial Assembly shall consist of Circuit
Court Judges, together with those of the High Courts of the Newstates of
America and those of the highest courts of the Newstates. It shall meet
annually, or at the call of the Principal Justice, to consider the state of
the Judiciary and such other matters as may be laid before it.
It shall also meet at the call of the
Convener to nominate three candidates for the Principal Justiceship whenever
a vacancy shall occur. From these nominees the Senate shall choose the one
having the most votes.
SECTION 4. The Principal Justice, unless the Senate
object to any, shall appoint a Judicial Council of five members to serve
during his incumbency. He shall designate a senior member who shall preside
in his absence.
It shall be the duty of the Council,
under the direction of the Principal Justice, to study the courts in
operation, to prepare codes of ethics to be observed by members, and to
suggest changes in procedure. The Council may ask the advice of the Judicial
Assembly.
It shall also be a duty of the Council,
as hereinafter provided, to suggest constitutional amendments when they
appear to be necessary; and it shall also draft revisions if they shall be
required. Further, it shall examine, and from time to time cause to be
revised, civil and criminal codes; these, when approved by the Judicial
Assembly, shall be in effect throughout the nation.
SECTION 5. The Principal Justice shall have a term of
eleven years; but if at any time the incumbent resign to be disabled from
continuing in office, as may be determined by the Senate, replacement shall
be by the senior member of the Judicial Council until a new selection be made.
After six years the Assembly may provide, by a two-thirds vote, for
discontinuance in office, and a successor shall then be chosen.
SECTION 6. The Principal Justice may suspend members of
any court for incapacity or violation of rules; and the separation shall be
final if a majority of the Council agree.
For each court the Principal Justice
shall, from time to time, appoint a member sho shall preside.
SECTION 7. A presiding judge may decide, with the
concurrence of the senior judge, that there may be pretrial proceedings, that
criminal trials shall be conducted by either investigatory or adversary
proceedings, and whether there shall be a jury and what the number of jurors
shall be; but investigatory proceedings shall require a bench of three.
SECTION 8. In deciding on the concordance of statutes
with the Constitution, the Supreme Court shall return to the House of
Representatives such as it cannot construe. If the House fail to make return
within ninety days the Court may interpret.
SECTION 9. The Principal Justice, or the President, may
grant pardons or reprieves.
SECTION 10. The High Courts shall have thirteen members;
but nine members, chosen by their senior justices from time to time, shall
constitute a court. The justices on leave shall be subject to recall.
Other courts shall have nine members;
but seven, chosen by their seniors, shall constitute a court.
All shall be in continuous session
except for recesses approved by the Principal Justice.
SECTION 11. The Principal Justice, with the Council,
may advise the Senate, when requested, concerning the appropriateness of
measures approved by the House of Representatives; and may also advise the
President, when requested, on matters he may refer for consultation.
SECTION 12. It shall be for other branches to accept and
to enforce judicial decrees.
SECTION 13. The High Court of Appeals may select
applications for further consideration by the Supreme Court, of decisions
reached by other courts, including those of the Newstates. If it agree that
there be a constitutional issue it may make preliminary judgment to be
reviewed without hearing, and finally, by the Supreme Court.
SECTION 14. The Supreme Court may decide:
a. Whether, in litigation
coming to it on appeal, constitutional provisions have been violated or
standards have not been met.
b. On the application of
constitutional provisions to suits involving the Newstates.
c. Whether international
law, as recognized in treaties, United Nations agreements, or arranagements
with other nations, has been ignored or violated.
d. Other causes involving
the interpretation of constitutional provisions; except that in holding any
branch to have exceeded its powers the decision shall be suspended until the
Judicial Council shall have determined whether, in order to avoid
confrontation, procedures for amendment of the Constitution are appropriate.
If amendatory
proceedings are instituted, decision shall await the outcome.
SECTION 15. The Courts of the Newstates shall have
initial jurisdiction in cases arising under their laws except those involving
the Newstate itself or those reserved for national courts by a rule of the
Principal Justice with the Judicial Council.
ARTICLE IX
General Provisions
SECTION 1. Qualifications for participation in democratic
procedures as a citizen, and eligibility for office, shall be subject to
repeated study and redefinition; but any change in qualification or
eligibility shall become effective only if not disapproved by the Congress.
For this purpose a permanent
Citizenship and Qualifications Commission shall be constituted, four members
to be appointed by the President, three by the Convener of the Senate, three
by the Speaker of the House, and three by the Principal Justice. Vacancies
shall be filled as they occur. The members shall choose a chairman; they
shall have suitable assistants and accommodations; and they may have other
occupations. Recommendations of the commission shall be presented to the
President and shall be transmitted to the House of Representatives with
comments. They shall have a preferred place on the calendar and, if approved,
shall be in effect.
SECTION 2. Areas necessary for the uses of government may
be acquired at its valuation and may be maintained as the public interest may
require. Such areas shall have self-government in matters of local concern.
SECTION 3. The President may negotiate for the
acquisition of areas outside the Newstates of America, and, if the Senate
approve, may provide for their organization as Possessions or Territories.
SECTION 4. The President may make agreements with other
organized peoples for a relation other than full membership in the Newstates
of America. They may become citizens and may participate in the selection of
officials. They may receive assistance for their development or from the
National Sharing Fund if they conform to its requirements; and they may serve
in civilian or military services, but only as volunteers. They shall be
represented in the House of Representatives by members elected at large,
their number proportional to their constituencies; but each shall have at
least one; and each shall in the same way choose one permanent member of the
Senate.
SECTION 5. The President, the Vice-Presidents, and
members of the legislative houses shall in all cases except treason, felony,
and breach of the peace by exempt from penalty for anything they may say
while pursuing public duties; but the Judicial Council may make restraining
rules.
SECTION 6. Except as otherwise provided by this
Constitution, each legislative house shall establish its requirements for
membership and may make rules for the conduct of members, including conflicts
of interest, providing its own disciplines for their infraction.
SECTION 7. No Newstate shall interfere with officials of
the Newstates of America in the performance of their duties, and all shall
give full faith and credit to the Acts of other Newstates and of the Newstates
of America.
SECTION 8. Public funds shall be expended only as
authorized in this Constitution.
ARTICLE X
Governmental Arranagements
SECTION 1. Officers of the Newstates of America shall be
those named in this Constitution, including those of the legislative houses
and others authorized by law to be appointed; they shall be compensated, and
none may have other paid occupation unless they be excepted by law; none
shall occupy more than one position in government; and no gift or favor shall
be accepted if in any way related to official duty.
No income from former employments or
associations shall continue for their benefits; but their properties may be
put in trust and managed without their intervention during continuance in
office. Hardships under this rule may be considered by the Court of Rights
and Duties, and exceptions may be made with due regard to the general
intention.
SECTION 2. The President, the Vice-Presidents, and the
Principal Justice shall have households appropriate to their duties. The
President, the Vice-President, the Principal Justice, the Chairman of the
Planning Board, the Regulator, the Watchkeeper, and the Overseer shall have
salaries fixed by law and continued for life; but if they become members of
the Senate, they shall have senatorial compensation and shall conform to
senatorial requirements.
Justices of the High Courts shall have
no term; and their salaries shall be two-thirds that of the Principal
Justice; they, and members of the Judicial Council, unless they shall have
become Senators, shall be permanent members of the Judiciary and shall be
available for assignment by the Principal Justice.
Salaries for members of the Senate
shall be the same as for Justices of the High Court of Appeals.
SECTION 3. Unless otherwise provided herein, officials
designated by the head of a branch as sharers in policymaking may be
appointed by him with the President's concurrence and unless the Senate shall
object.
SECTION 4. There shall be administrators:
a. for executive offices
and official households, appointed by authority of the President;
b. for the national courts,
appointed by the Principal Justice;
c. for the Legislative Branch,
selected by a committee of members from each house (chosen by the Convener
and the Speaker), three from the House of Representatives and four from the
Senate.
Appropriations
shall be made to them; but those for the Presidency shall not be reduced
during his term unless with his consent; and those for the Judicial Branch
shall not be reduced during five years succeeding their determination, unless
with the consent of the Principal Justice.
SECTION 5. The fiscal year shall be the same as the
calendar year, with new appropriations available at its beginning.
SECTION 6. There shall be an Officials' Protective
Service to guard the President, the Vice-Presidents, the Principal Justice,
and other officials whose safety may be at hazard; and there shall be a
Protector appointed by and responsible to a standing committee of the Senate.
Protected officials shall be guided by procedures approved by the committee.
The service, at the request of the
Political Overseer, may extend its protection to candidates for office; or to
other officials, if the committee so decide.
SECTION 7. A suitable contingency fund shall be made
available to the President for purposes defined by law.
SECTION 8. The Senate shall try officers of government
other than legislators when such officers are impeached by a two-third vote
of the House of Representatives for conduct prejudicial to the public
interest. If Presidents or Vice-Presidents are to be tried, the Senate, as
constituted, shall conduct the trial. Judgments shall not extend beyond
removal from office and disqualification for holding further office; but the
convicted official shall be liable to further prosecution.
SECTION 9. Members of legislative houses may be impeached
by the Judicial Council; but for trials it shall be enlarged to seventeen by
Justices of the High Courts appointed by the Principal Justice. If convicted,
members shall be expelled and be ineligible for future public office; and they
shall also be liable for trial as citizens.
ARTICLE XI
Amendment
SECTION 1. It being the special duty of the
Judicial Council to formulate and suggest amendments to this Constitution, it
shall, from time to time, make proposals, through the Principal Justice, to
the Senate. The Senate, if it approve, and if the President agree, shall
instruct the Overseer to arrange at the next national election for submission
of the amendment to the electorate. If not disapproved by a majority, it
shall become part of this Constitution. If rejected, it may be restudied and
a new proposal submitted.
It shall be the purpose of the amending
procedure to correct deficiencies in the Constitution, to extend it when new
responsibilities require, and to make government responsible to needs of the
people, making use of advances in managerial competence and establishing
security and stability; also to preclude changes in the Constitution
resulting from interpretation.
SECTION 2. When this Constitution shall have been in
effect for twenty-five years the Overseer shall ask, by referendum, whether a
new Constitution shall be prepared. If a majority so decide, the Council,
making use of such advice as may be available, and consulting those who have
made complaint, shall prepare a new draft for submission at the next
election. If not disapproved by a majority it shall be in effect. If
disapproved it shall be redrafted and resubmitted with such changes as may be
then appropriate to the circumstances, and it shall be submitted to the
voters at the following election.
If not disapproved by a majority it
shall be in effect. If disapproved it shall be restudied and resubmitted.
ARTICLE XII
Transition
SECTION 1. The President is authorized to assume such
powers, make such appointments, and use such funds as are necessary to make
this Constitution effective as soon as possible after acceptance by a
referendum he may initiate.
SECTION 2. Such members of the Senate as may be at once
available shall convene and, if at least half, shall constitute sufficient
membership while others are being added. They shall appoint an Overseer to
arrange for electoral organization and elections for the offices of
government; but the President and Vice-Presidents shall serve out their terms
and then become members of the Senate. At that time the presidency shall be
constituted as provided in this Constitution.
SECTION 3. Until each indicated change in the government
shall have been completed the provisions of the existing Constitution and the
organs of government shall be in effect.
SECTION 4. All operations of the national government
shall cease as they are replaced by those authorized under this Constitution.
The President shall determine when
replacement is complete.
The President shall cause to be
constituted an appropriate commission to designate existing laws inconsistent
with this Constitution, and they shall be void; also the commission shall
assist the President and the legislative houses in the formulating of such laws
as may be consistent with the Constitution and necessary to its
implementation.
SECTION 5. For establishing Newstates boundaries a
commission of thirteen, appointed by the President, shall make
recommendations within one year. For this purpose the members may take advice
and commission studies concerning resources, population, transportation,
communication, economic and social arranagements, and such other conditions
as may be significant. The President shall transmit the commission's report
to the Senate. After entertaining, if convenient, petitions for revision, the
Senate shall report whether the recommendations are satisfactory but the
President shall decide whether they shall be accepted or shall be returned
for revision.
Existing states shall not be divided
unless metropolitan areas extending over more than one state are to be
included in one Newstate, or unless other compelling circumstances exist; and
each Newstate shall possess harmonious regional characteristics.
The Commission shall continue while the
Newstates make adjustments among themselves and shall have jurisdiction in
disputes arising among them.
SECTION 6. Constitution of the Newstates shall be
established as arranged by the Judicial Council and the Principal Justice.
These procedures shall be as follows:
Constitutions shall be drafted by the highest courts of the Newstates. There
shall then be a convention of one hundred delegates chosen in special
elections in a procedure approved by the Overseer. If the Constitution be not
rejected it shall be in effect and the government shall be constituted. If it
be rejected, the Principal Justice, advised by the Judicial Council, shall
promulgate a Constitution and initiate revisions to be submitted for approval
at a time he shall appoint. If it again be rejected he shall promulgate
another, taking account of objections, and it shall be in effect. A
Constitution, once in effect, shall be valid for twenty-five years as herein
provided.
SECTION 7. Until Governors and legislatures of the
Newstates are seated, their governments shall continue, except that the
President may appoint temporary Governors to act as executives until suceeded
by those regularly elected. These Governors shall succeed to the executive
functions of the states as they become one of the Newstates of America.
SECTION 8. The indicated appointments, elections, and
other arrangements shall be made with all deliberate speed.
SECTIONN 9. The first Judicial Assembly for selecting a
register of candidates for the Principal Justiceship of the Newstates of
America shall be called by the incumbent Chief Justice immediately upon
ratification.
SECTION 10. Newstates electing by referendum not to
comply with recommendations of the Boundary Commission, as approved by the
Senate, shall have deducted from taxes collected by the Newstates of America
for transmission to them a percentage equal to the loss in efficiency from
failure to comply.
Estimates shall be made by the
Chancellor of Financial Affairs and approved by the President; but the
deduction shall not be less than 7 percent.
SECTION 11. When this Constitution has been implemented
the President may delete by proclamation appropriate parts of this article.
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Proposed Constitution for
the Newstates of America
The Proposed Constitution Articles of the New States of America
the Newstates of America
The Proposed Constitution Articles of the New States of America
This New States Constitution denies most of the freedoms that
you now enjoy
This Awareness wishes to inform entities that this New States
Constitution denies most of the freedoms that you now enjoy, and while it is
worded in legal terminology to give it the appearance of creating something
that will diminish crime and so forth, it is also creating a police state such
as the reserving of all powers now given in the New States Constitution to the
police.
This Awareness indicates that this kind of phraseology as that
which means everything except what is covered in this Constitution, the
police then can make up any rules they want for any situation that is not
covered in this document. That there are so many similar and tricky phrases in
the New States Constitution that there will be little room for anyone to move
or have any rights of freedom, including freedom of speech, assembly, etc.;
that it will make it almost impossible to ever escape from the domination of
these laws, or to ever again gain freedoms that have been allowed under the
Constitution.
Some Scary Parts of the New States Constitution
This Awareness indicates that entities really need to read the New
States Constitution. It gives the president a 9 year term in office, and
senators also have a long term. It creates a way of dealing with certain people
whereby they are placed in insane asylum situations if they are not cooperative
and there is not a trial or remedy to give them the change to defend
themselves. It would allow entities who are political antagonists to be removed
from society and treated by psychiatric drugs or experimentation or given
lobotomies or whatever else is prescribed for their social redemption.
It is a very frightening document if entities read between the
lines as to what is being said in the document, for there are ways of saying
things that do not sound so bad until you stop to think about what was left out
or what can be implied from a general term. For example, it would allow private
property to be taken without due process. It would allow private property to be
taken without reasonable payment. There are so many areas in this that by
leaving the word out, allows for all kinds of violations.
Where it appears in the reading that it is saying one thing
favorable, such as a statement that property cannot be taken without
compensation, sounds like: "Well that's fair!", until you stop to
think, the word left out that was in the old Constitution was just
compensation. They could give you ten cents for it and take your property under
this constitution, but if it were "just" compensation, they
would have to pay you fair market price or something close to fair market
price. Thus, by leaving out a term here or there, this constitution appears to
say one thing on the surface, while in actually creates a means by which you
have no rights and can have those rights taken from you for little cost
or little provocation.
(Revelations of awareness newsletter 91-5)
***
The Proposed Constitution Articles of the New States 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 (Sweetliberty.org)
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 (Sweetliberty.org)
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.
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