Our Draft Constitution


A Third U.S. Constitution, working draft.

Last edited 05-28-2020

 

Table of Contents

 

PREAMBLE →

ARTICLE ONE: Citizenship, Rights and Fundamental Goals →

ARTICLE TWO: The National Legislature →

ARTICLE THREE: The National Executive →

ARTICLE FOUR: The National Judiciary →

ARTICLE FIVE: Climate Change →

ARTICLE SIX: Energy Policy →

ARTICLE SEVEN: Fiscal and Financial Policy →

ARTICLE EIGHT: Elections and Referendum →

ARTICLE NINE: Social Objectives →

ARTICLE TEN: State Defense Forces, Firearms and Weapons →

ARTICLE ELEVEN: Immigration →

ARTICLE TWELVE: Peace, Equity and Happiness →

ARTICLE THIRTEEN: Departments, Agencies and Committees →

 

PREAMBLE


The basis of our political systems is the right of the people to
make and to alter their Constitutions of Government”  George Washington

 

We the People of the United States stand united to the unfinished work begun with our second constitution and our first Civil War by dedicating this new constitution for the living, those yet unborn and those Americans departed. The Democratic experiment that began in 1776 is rekindled in this third constitution of the United States. We the people assert the authority, as affirmed for all Americans by George Washington, to maintain a free, democratic and just society, adverse to corruption and to authoritarianism, despotism and every form of party manipulation. Our values are herein enshrined in this constitution, making us one people, creating a more democratic form of government capable of responding to the growing threats we face as a nation and a species. We assert our hope for a great reconciliation as we forge a new alliance with truth and science for the well-being of our planet, and all life upon it.

 

NOTES:
http://avalon.law.yale.edu/18th_century/washing.asp

 

ARTICLE ONE:  Citizenship, Rights and Fundamental Goals 


Section 1. The People; Owners of Government.


The People are the owners of their government and as such retain the ultimate authority to improve upon the design of their political institutions. It shall be incumbent upon the people to assemble and to deliberate upon their constitution whenever they feel necessary to make changes to their political system. The exercise of this right shall not be abridged or curtailed. It is to remain independent of private wealth and commercial influence. Initiative and referendum shall be the processes allowed for amending as defined within Article 1, Section 5, and Article 8. This constitution shall cease to apply on the day on which a new constitution freely adopted by the people as a whole takes effect.

NOTES:
https://digitalcommons.law.yale.edu/fss_papers/982/
http://www.thomaspaine.org/

 

Section 2. Sovereignty

Sovereignty shall not be divided. It rests completely in the people of America. This was established in 1787 when the states acceded to the national government and sovereignty was transferred to the national government representing the American people as a whole. The settlement of the Civil War has established we are one people, living in one nation. States are constituent political entities, with governmental jurisdiction over a separate and defined geographic territory which shares its sovereignty with the federal government. State law must conform to all national law and this constitution.

NOTES:
https://en.wikipedia.org/wiki/Popular_sovereignty_in_the_United_States
http://rmc.library.cornell.edu/gettysburg/good_cause/transcript.htm

 

Section 3. Our Charge as Citizens, and how we Fulfill that Promise

 

Civic knowledge is essential to any functioning democracy. It is how we the people collectively understand the government and society we create. It is only through our understanding of our political system that we arrive at any complete understanding of ourselves. In order to create the society we want, we must first be attentive to the kind of political system we as one people establish. These changes can from time to time be relatively large and all-encompassing, at other times small and simple in nature. Our charge is to remain vigilant over the effects of the system we then periodically perfect.

NOTES:

 

Section 4. Our Divisions and Cleavages, Strengths and Potential

 

Americans form a diverse heterogeneous population with a wide spectrum of ethnic, cultural and religious origins, beliefs, practices, and customs. Diversity has long been acknowledged as our core national strength and has historically been the source of both deep divisions and innumerable remarkable achievements. This diversity has a darker history as well, which must be confronted. Beginning with the mass extermination of over 100 million native Americans, the conditions for animosity between enslaved groups of people and free Americans were firmly established. Over 10 million slaves lived in subjugation for over a century.  As the current epoch unfolds, we will undoubtedly face new challenges as diverse segments of our population continue to assimilate. Racism, sexism, ageism, homophobia, xenophobia, the fear of the other, must be eliminated and replaced with genuine care for each other. Co-operation and respect must be at the core of our national values.

NOTES:
https://en.wikipedia.org/wiki/Genocide_of_indigenous_peoples#Native_American_Genocide
https://en.wikipedia.org/wiki/Slavery_in_the_United_States

 

Section 5. National Referendum

The citizenry shall have the power to repeal legislation and to recall elections Issues of national importance shall be addressed directly by the people through a system of national referenda. Referendums shall meet legislative standards and demonstrate a basic level of support which shall be established by Congress. Referenda must pass by a majority of 50 +1% of the popular vote. Details concerning initiative and referenda are outlined under Article Eight, Section 17.
(See: M.Q.)

 

NOTES:
https://pureportal.coventry.ac.uk/en/publications/government-by-referendum

 

Section 6. The Global Citizens Clause

 

As citizens of the United States, we acknowledge our role as global citizens and as such we support the global rule of law, the international standards for human rights and the world criminal court.  We stand with our fellow global citizens to protect and nurture the earth, it’s resources and its ecosystems. We are also committed to the United Nations Charter and to its further democratization. Transparency and equality must propel all global organizations, including a broader swath of humanity from all sectors of the economy. We respect and recognize the laws of science and are dedicated to applying our knowledge for the betterment and well being of all life. We grant rights to nature as defined by Congress and pledge to coexist in peace with all peaceful nations.

NOTES:
https://www.un.org/en/universal-declaration-human-rights/
https://www.icc-cpi.int/
http://wwda.org.au/issues/unhrt/hrchart1/

 

Section 7. Rights of Citizens

 

Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

 

Every citizen of the United States, who is of legal voting age, shall have the fundamental right to vote in any public election held in the jurisdiction in which the citizen resides.

 

Congress shall have the power to enforce and implement this article by appropriate legislation.

 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a
redress of grievances. (See: U.S.Constitution, 1788. Amendment One)

 

The right of the people to be secure in their persons, houses, papers, 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 persons or things to be seized.  (See: U.S.Constitution, 1788. Amendment Four)

 

All citizens have a right to security, sanitation, clean water, and a toxic free environment. Healthcare, education and housing are a human right, and shall be protected by rights established in this constitution.

 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; 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 property be taken for public use, without just compensation.
(See: U.S.Constitution, 1788. Amendment Five)

 

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime, shall have been committed, which district shall have been previously ascertained by law, 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.
(See: U.S.Constitution, 1788. Amendment Six)

 

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
(See: U.S.Constitution, 1788. Amendment Seven)

 

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The death penalty, solitary confinement, and other forms of torture as defined by the United Nations Convention against Torture are hereby abolished and all rights
and prohibitions within are hereby incorporated into this constitution.
(See: U.S.Constitution, 1788. Amendment Eight)

 

Universal Human Rights are hereby incorporated into this constitution without alteration and these rights shall be extended to every person living in the United States, it’s foreign territories and bases, without exception.

 

Section 8. Rights of Nature

Because Nature is the source of all life, and because as humans we are emergent from Nature and remain part of the natural systems of life, each of us, individually and collectively, has a duty to respect Nature as the all-inclusive community in which we live and toward which our respect and just treatment is required.

 

Consequently, it is hereby declared that Nature, in whole and in each of its constituent ecosystems, has the inherent, inalienable rights to exist, thrive, flourish, regenerate and evolve its vital cycles, free from permanent harm to natural systems as a result of human behavior.

 

Nature also has the intrinsic, inalienable right to be protected and to be restored when harmed.

 

Humans shall take into account the best interests of Nature in all actions and decisions that may impact it. They shall also apply the precautionary principle prior to engaging in activities that may result in the irreversible degradation of Nature, including the extinction of species, the destruction of ecosystems and the permanent alteration of natural cycles.

 

Humans have the right to make use of Nature, respectfully, for their well-being, but not to contaminate or exploit Nature beyond ecological limits or to create unnecessary surpluses from it.

 

To ensure the rights of Nature are upheld, it is incumbent upon all governments, national, state and local, as well as each community of people, that they establish mechanisms for the enforcement of the rights of Nature, and that these mechanisms are immune from preemption.

 

The rights of Nature shall not be manipulated to the inequitable advantage or disadvantage of any part of humanity, each member of which has an equal claim to participation in and benefit from the natural world.

 

Every individual and every organ of society shall strive by teaching and education, legislation and adjudication, to promote respect for the rights of Nature and  to secure their universal and effective recognition and observance.
(See: Ben Price. CELDF)

and or also :

Our natural world, where life is reproduced and occurs, has the right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes.

 

All persons, communities, peoples and nations can call upon public authorities to enforce the rights of nature. To enforce and interpret these rights, the principles set forth in the Constitution shall be observed, as appropriate.

 

The Government shall give incentives to natural persons and legal entities and to communities to protect nature and to promote respect for all the elements comprising an ecosystem.

 

Nature has the right to be restored. This restoration shall be apart from the obligation of the Government and natural persons or legal entities to compensate individuals and communities that depend on affected natural systems.

 

In those cases of severe or permanent environmental impact, including those caused by the exploitation of nonrenewable natural resources, the Government shall establish the most effective mechanisms to achieve the restoration and shall adopt adequate measures to eliminate or mitigate harmful environmental consequences.

 

The Government shall apply preventive and restrictive measures on activities that might lead to the extinction of species, the destruction of ecosystems and the permanent alteration of natural cycles.

 

The introduction of organisms and organic and inorganic material that might definitively alter the nation’s genetic assets is forbidden.

 

Persons, communities, peoples, and nations shall have the right to benefit from the environment and the natural wealth enabling them to enjoy the good way of living.

 

Environmental services shall not be subject to appropriation; their production, delivery, use and development shall be regulated by the Government.

(See: Ecuador’s Constitution, 2008. Revised 2015, Chapter 7)

 

 

 

 

Section 9. Universal National Service

All capable Americans between the age of 18 and 35 shall be required to enroll in one or more of the 2 year programs established by congress for service to the United States. Enrollment shall be deferred in cases of hardship, educational obligations and religious beliefs subject to Congresses approval. (See: Sabato)

 

Section 9. Rights Reserved to the States

The powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, and or to the legal residents of the States.
(See: Amendment Ten, U.S. Constitution 1788)

 

NOTES:

https://www.equalrightsamendment.org/
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&lang=en
https://www.un.org/en/universal-declaration-human-rights/
https://www.constituteproject.org/constitution/Ecuador_2015?lang=en

 

Section 10.  Rights Under Incarceration, The Penal System, Restoring Human Dignity.

 

 

Section 11. The District of Columbia, Puerto Rico and U.S. Territories.

The District of Columbia shall have equal representation as the several states, and be the 51st state if so desired by a majority of it’s residents.

 

Section 12. Indigenous People.

It shall be the responsibility of the authorities of the Several States to create conditions enabling all indigenous people to preserve and develop their language, culture and way of life.

 

 

 

ARTICLE TWO: The National Legislature


By the Will of the People, a “Consensus Democracy.”

 

Section 1. Congress

All legislative powers herein granted shall be vested in the House of Representatives. The Senate is dissolved as of ratification of this constitution.
(See: U.S. Constitution, 1781. Article 6)

 

Section 2. Members

 

Members of Congress shall be elected in general, direct, free, equal and secret elections.


No Person shall be a Representative who shall not have attained to the Age of 
twenty five Years, and been seven years a citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.


Members shall be representatives of their constituents, not bound by orders or instructions by the respective States, and responsible only to their conscience.

 

Apportionment among the States shall be based upon the respective population of eligible voters. 

 

The Congress shall consist of 807 representatives.  A minimum of 800 members shall be maintained, with the option to increase the number when the US population increases.

 

 

Congress and its committees may require the presence of any member of the Federal Government.

 

Members of Congress and of the Federal Government as well as their representatives may attend all sittings of Congress and meetings of its committees. They shall have the right to be heard at any time. In  cases regarding national security, clearances may be established by a joint committee of Congress and all directly relevant parties.

 

The House of Representatives shall choose their Speaker and other Officers, and have the sole power to nominate the President of the United States of America whom shall be Chief Executive, and Vice President, whom shall be Head of State.

 

Powers shall be regulated by federal law, in compliance with this constitution, and the Supreme Court.

 

House Rules shall be established by the Rules Committee for the new Congress and approved upon by the House before the close of its first week in session.

 

Truthful reports of public sittings of the Congress and of its committees shall not give rise to any liability. (See: German Constitution, 1949.)

 

Sittings of the Congress shall be public.  On the motion of one-tenth of its Members, or on the motion of the Executive, the public may be excluded by a two-thirds majority. The motion shall be voted upon at a sitting not open to the public. (See: German Constitution, 1949.)

 

Representatives shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. (See: U.S. Constitution, 1788. Article 6)

 

Section 3. Terms

 

Representatives shall be elected for four years. New elections shall be held no sooner than forty-six months and no later than forty-eight months after the electoral term begins.

 

The Congress shall convene on January 13,  following the general elections which shall be held on the first Monday of November.

 

Congress shall determine when it’s sessions shall be adjourned and resumed. The Majority Leader may convene it at an earlier date. He or She shall be obliged to do so if one-third of the Members, and or the Federal Executive so demand.

 

The Congress shall elect its majority leader, minority leader and secretaries.

 

The Majority Leader shall exercise proprietary and police powers in the Congressional building. No search or seizure may take place on the premises of Congress without his or her permission.

 

Representatives and direct Taxes shall be apportioned among the several States according to their respective population.

 

Section 4. Apportionment

 

Each Congressional District shall nominate as many Party or Electorate candidates as necessary to maintain fair and representational elections.

 

Two votes shall be cast on a single paper ballot, including one party vote and one electorate vote.

 

Members shall be allocated proportionally based on the Party Vote and the Electorate Vote.

 

Congressional Districts shall contain an equal number of electors, to maintain equality of representation within the United States.  

 

Congressional districts shall be drawn by the state legislatures and where appropriate, by any number of them together. Districts of representation shall be drawn irrespective of State boundaries and drawn to reflect a fair mix of rural and urban areas.

 

Representatives shall represent their voting constituency. Lobbying regulations shall be strictly enforced.

 

When vacancies happen in the Representation from any District, the respective District shall hold a special election within 3 months of the seat’s vacancy. Should vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

 

The Congress shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Congress shall choose the Executive, who will preside over the Congress and in instances of a tie, shall cast the determining vote.

 

Section 5. Scope of Obligations

 

The Congress shall enact laws which uphold the Rights of all citizens equally  and with regard to the Rights of Nature, herein described.

 

Congress shall elect the President, whom shall be the chief executive, and the Vice President, whom shall be the Head of State.

 

Congress shall elect officers and create Committees as needed for each term, have the power to remove and replace elected officials for just cause in all branches of government, including the President and Vice President and shall take an oath to preserve the natural and civil rights of all citizens and nature as defined in the Universal Declarations of Rights.

 

 

 

 

 

Courts and administrative authorities shall be required to provide legal and administrative assistance.

 

The decisions of committees of inquiry shall not be subject to judicial review. The courts shall be free to evaluate and rule upon the facts that were the subject of the investigation. (See: German Constitution, 1949)

 

Decisions of the Congress shall require a majority of the votes cast unless this Constitution otherwise provides. The rules of procedure may permit exceptions with respect to elections to be conducted by the Congress. (See: German Constitution, 1949.)

 

Congress shall have the Power to try all Impeachments of Judges. When sitting for that Purpose, they shall be on Oath or Affirmation. No Judge shall be impeached without the Concurrence of 51% of the Congress Assembled. All members must be in full attendance of any such trail.

 

Judgment in Cases of Impeachment shall not be limited to disqualification from Office of honor, Trust or Profit under the United States: The party is also liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law. No public official shall be above the law.

 

The times, places and manner of holding elections for Members, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Members.

 

The Congress shall affirm the result of the elections, returns, and qualifications of its own members, and a majority shall constitute a quorum to do business.

 

A smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as Congress may provide.

 

Section 6. Remuneration and Benefits

 

Congressional Members shall receive in compensation for their service $___per year, paid out of the Treasury of the United States. Expenses per district shall be approved by Congress. OR- Living expenses in the federal capital shall be provided by the government at the mean equivalence of the District of Columbia.

 

Members elected to Congress shall have their jobs secured for their return at government expense. They may not accept compensation from any related political sources during their term or thereafter until 2 years have passed.

 

The session of Congress shall be from Jan 3 of each year, ending on December 15, with 2  2-week break in the summer months to be determined by the Congress in each term.

 

Elections shall be held, organized, and directed by the Federal Election Board comprised by a rotating panel appointed jointly by the Legislative, Executive, and Judicial branch.

 

The Congress shall review and enact specific methods and regulations pertaining to all Federal elections.

 

Members of Congress shall be provided the same healthcare provided to all Americans as a minimum standard of coverage, however after one term in service may be eligible for additional benefits as allowed by Congress.

 

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time.

 

Section 7. Legislation

 

All Bills for raising Revenue shall originate in the Congress.

 

Persons voting for and against the Bill shall be entered on the Journal of each House respectively.

 

If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

 

All bills proposed by the president shall be passed or rejected by congress.

 

If the president labels any proposed legislation as essential, and congress rejects the bill, congress must simultaneously remove the president and elect a replacement.  Unless congress does so, the legislation is enacted automatically and the president shall retain his office in good tenure.

 

Every Order, Resolution, or Vote to which the Concurrence of the Congress may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be re-passed by two thirds of the Congress, according to the Rules and Limitations prescribed in the Case of a Bill.

 

Section 8. Congressional Powers

 

The Congress shall have the exclusive power to lay and collect taxes, duties, and excises, to pay the debts and provide for the common defense and general welfare of the United States: but all duties, imposts, and excises shall be uniform throughout the states.

 

Congress shall have the exclusive power to declare war, unless under imminent attack by a foreign actor, in which case the President shall hold temporary and conditional powers to declare war, as defined by this constitution.

 

Congress shall have the exclusive power to borrow money on the credit of the United States;

 

Congress shall have the exclusive power to regulate commerce with foreign nations, and among the several states, and with all Native American tribes;

 

Congress shall have the exclusive power to establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the United States;

 

Congress shall have the exclusive power to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

 

Congress shall have the exclusive power to provide for the punishment of counterfeiting the securities and current coin of the United States;

 

Congress shall have the exclusive power to establish post offices and post roads;

 

Congress shall have the exclusive power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

 

Congress shall have the exclusive power to constitute tribunals inferior to the Supreme Court;

 

Congress shall have the exclusive power to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

 

Congress shall have the exclusive power yo  grant letters of marque and reprisal, and make rules concerning captures on land and water;

 

Congress shall have the exclusive power to raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

 

Congress shall have the exclusive power to provide and maintain a navy;

 

Congress shall have the exclusive power to make rules for the government and regulation of the land and naval forces;

 

Congress shall have the exclusive power to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

 

Congress shall have the exclusive power to provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

 

Congress shall have the exclusive power to exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

 

Congress shall have the exclusive power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
(See: U.S.Constitution, 1788. Article One. Section 8)

 

Committees on Foreign Affairs and Defense

 

Congress shall appoint a Committee on Foreign Affairs and a Defense Committee.

 

The Defense Committee shall also have the powers of a committee of inquiry. On the motion of one-quarter of its members, it shall have the duty to make a specific matter the subject of inquiry.

 

Paragraph (1) of Article 44 shall not apply to defense matters.

(See: German Constitution, 1949) check on….

 

 

Section 9. Taxes, titles and appropriations

 

No Bill of Attainder or ex post facto Law shall be passed.

 

No Capitation or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

 

No Tax or Duty shall be laid on Articles exported from any State.

 

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

 

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

 

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

 

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

 

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
(See: U.S.Constitution, 1788. Article One. Section 9)

 

Section 10. International Treaties and Interstate Agreements.

 

The United States recognizes all International Treaties as Supreme Law and forfeits a portion of it’s sovereignty to those authorities to which it is legally associated by means of a treaty or contractual obligation.

 

The general rules of international law shall be an integral part of federal law. They shall take precedence over the laws and directly create rights and duties for the inhabitants of the United States, it’s Territories and Commonwealths. (see: Article 25, the German Basic Law)

 

All Territories belonging to the United States shall be provided with the right to independence or to a Compact of Free Association with the United States if agreed upon by a majority of those voters living in those territories.

 

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. (See: U.S.Constitution, 1788. Article One. Section 10)

 

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and  Control of the Congress.
(See: U.S.Constitution, 1788. Article One. Section 10)

 

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. (See: U.S.Constitution, 1788. Article One. Section 10)

 

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
(See: U.S.Constitution, 1788. Article One. Section 10)

 

Section 11. The people shall be the check on Congress through elections.

 

Section 12. Term Limits 

 

The office of president shall hold no more than two 4 year terms. Congressional members shall hold no more than four four year terms. Judges on the Supreme Court have a maximum term of 15 years and shall hold no more than three terms. Congressional Appointments may hold a total of three terms, each of 4 years.

 

Section 13. The role of corporate influence and money

 

Section 14. Gerrymandering and Districts. 

 

Section 15. Title 2, U.S. Code.

Revisions to Title 2, U.S. Code shall be made to reflect the composition of Congress and any changes to the apportionment of representatives, their remuneration, operations and structure of the legislative body.

 

NOTES:

https://en.wikipedia.org/wiki/Unicameralism
https://en.wikipedia.org/wiki/Congress_of_the_Confederation
https://www.constituteproject.org/constitution/German_Federal_Republic_2014?lang=en
https://www.law.cornell.edu/uscode/text/2
https://voxeu.org/article/optimal-number-representatives-democracy
https://www.census.gov/population/apportionment/about/computing.html

 

 

 

POSSIBLE LANGUAGE TO INCLUDE:

Commissioner for the Armed Forces 

A Congressional Commissioner for the Armed Forces shall be appointed to safeguard basic rights and to assist the Congress in exercising parliamentary oversight over the Armed Forces. Details shall be regulated by federal law.

Petitions

1. The Congress shall appoint a Petitions Committee to deal with requests and complaints addressed to the Congress.

2. The powers of the Committee to consider complaints shall be regulated by federal law.

Oversight of Intelligence

1. Congress shall appoint a panel to scrutinize the intelligence activities of the nation, including the fair and beneficial uses of technology.

2. Details shall be regulated by a federal law.

Campaigns

2. No one may be prevented from accepting or exercising the office of Member of the Bundestag. No one may be given notice of dismissal or discharged from employment on this ground.

3. Members shall be entitled to remuneration adequate to ensure their independence. They shall be entitled to the free use of all publicly owned means of transport. Details shall be regulated by federal law.

President, Rules, and Procedures

2. The President shall convene the Congress. He shall be obliged to do so if the delegates of at least two States so demand.

3. Decisions of the Congress shall require at least a majority of its votes. It shall adopt rules of procedure. Its meetings shall be open to the public. The public may be excluded by court order only, for which the Congress must agree to secure.

ARTICLE 53. [ATTENDANCE OF MEMBERS OF THE FEDERAL GOVERNMENT]

The members of the Federal Government shall have the right, and on demand the duty, to participate in meetings of the Bundesrat and of its committees. They shall have the right to be heard at any time. The Bundesrat shall be kept informed by the Federal Government with regard to the conduct of its affairs.

 

 

IVA. THE JOINT COMMITTEE

ARTICLE 53A. [COMPOSITION – RULES OF PROCEDURE]

1. The Joint Committee shall consist of Members of the Bundestag and members of the Bundesrat; the Bundestag shall provide two thirds and the Bundesrat one-third of the committee members. The Bundestag shall designate Members in proportion to the relative strength of the various parliamentary groups; they may not be members of the Federal Government. Each Land shall be represented by a Bundesrat member of its choice; these members shall not be bound by instructions. The establishment of the Joint Committee and its proceedings shall be regulated by rules of procedure to be adopted by the Bundestag and requiring the consent of the Bundesrat.

2. The Federal Government shall inform the Joint Committee about its plans for a state of defense. The rights of the Bundestag and its committees under paragraph (1) of Article 43 shall not be affected by the provisions of this paragraph.

 

 

 

ARTICLE THREE: The National Executive


 

Section 1. President as Chief Executive

The Executive Power shall be vested in a President of the United States of America, who shall also serve as the Head of State.  The President shall hold office during the term of four years, with his or her cabinet head, who shall be chosen for the same Term.

 

The President cannot be removed from office during a four-year term unless the Congress has agreed on a successor in a constructive vote of no confidence.

 

If a simple majority of Congress is unable to agree upon a replacement for President in the first two rounds of voting, a plurality shall suffice in the next round of voting.

 

The President shall not have the power to repeal, reverse, annul delay or otherwise obstruct legislation passed by Congress.

 

The President shall be the Head of State, Chief Executive and Commander and Chief of the Armed Forces in times of war and shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

 

The President has conditional and temporary power to declare war when the nation is under imminent attack by a foreign agent, and the threat of national injury is likely. A declaration of war may be revoked by Congress at any time.


 Section 2. The Vice President as Head of State

Section 4. Qualifications

 

Section 3. Terms, elections, recalls, limits on power

 

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

At its first sitting after its election, and whenever necessary to fill a vacancy, the Congress  must elect a woman or a man from among it
members to be the President.

 

The Chief Justice must preside over the election of the President, the Majority Leader and Minority Leader.

 

At its first sitting after its election, and whenever necessary to fill a vacancy, the Congress must elect a woman or a man from among its members to be the President.

 

An election to fill a vacancy in the office of President must be held at a time and on a date determined by the Chief Justice, but not more than 30 days after the vacancy occurs.

 

When elected President, a person ceases to be a member of the National Assembly and, within five days, must take the oath of office as prescribed in Article  and assume office

 

The President’s term of office shall not exceed 4 years and shall begin  when completing his oath of office, and shall  end upon a vacancy occurring or when the person next elected President assumes office. The President shall not serve more than two consecutive terms.


When a person 
is elected to fill a vacancy in the office of President, the period between that election
and the next election of a President is not regarded as a term.
(See: South African Constitution, 1996)

 

 

 

POSSIBLE LANGUAGE TO INCLUDE, South African Constitution.

Acting President 

  1. (1) When the President is absent from the Republic or otherwise unable to fulfil the

duties of President, or during a vacancy in the office of President, an office-bearer in

the order below acts as President:

(a) The Deputy President.

(b) A Minister designated by the President.

(c) A Minister designated by the other members of the Cabinet.

(d) The Speaker, until the National Assembly designates one of its other members.

(2) An Acting President has the responsibilities, powers and functions of the President.

(3) Before assuming the responsibilities, powers and functions of the President, the

Acting President must swear or affirm faithfulness to the Republic and obedience to

the Constitution, in accordance with Schedule 2.

(4) A person who as Acting President has sworn or affirmed faithfulness to the Republic

need not repeat the swearing or affirming procedure for any subsequent term as

Acting President during the period ending when the person next elected President

assumes office.

[Sub-s. (4) added by s. 1 of the Constitution First Amendment Act of 1997]

Chapter 5: The President and National Executive

49

Cabinet

  1. (1) The Cabinet consists of the President, as head of the Cabinet, a Deputy President and

Ministers.

(2) The President appoints the Deputy President and Ministers, assigns their powers

and functions, and may dismiss them.

(3) The President—

(a) must select the Deputy President from among the members of the National

Assembly;

(b) may select any number of Ministers from among the members of the

Assembly; and

(c) may select no more than two Ministers from outside the Assembly.

(4) The President must appoint a member of the Cabinet to be the leader of

government business in the National Assembly.

(5) The Deputy President must assist the President in the execution of the functions of

government.

Accountability and responsibilities

  1. (1) The Deputy President and Ministers are responsible for the powers and functions of

the executive assigned to them by the President.

(2) Members of the Cabinet are accountable collectively and individually to Parliament

for the exercise of their powers and the performance of their functions.

(3) Members of the Cabinet must—

(a) act in accordance with the Constitution; and

(b) provide Parliament with full and regular reports concerning matters under

their control.

Deputy Ministers

  1. (1) The President may appoint—

(a) any number of Deputy Ministers from among the members of the National

Assembly; and

(b) no more than two Deputy Ministers from outside the Assembly, to

assist the members of the Cabinet, and may dismiss them.

(2) Deputy Ministers appointed in terms of subsection (1)(b) are accountable to

Parliament for the exercise of their powers and the performance of their functions.

[S. 93 substituted by s. 7 of the Constitution Sixth Amendment Act of 2001.]

Chapter 5: The President and National Executive

50

Continuation of Cabinet after elections

  1. When an election of the National Assembly is held, the Cabinet, the Deputy President,

Ministers and any Deputy Ministers remain competent to function until the person elected

President by the next Assembly assumes office.

Oath or affirmation

  1. Before the Deputy President, Ministers and any Deputy Ministers begin to perform their

functions, they must swear or affirm faithfulness to the Republic and obedience to the

Constitution, in accordance with Schedule 2.

Conduct of Cabinet members and Deputy Ministers

  1. (1) Members of the Cabinet and Deputy Ministers must act in accordance with a code of

ethics prescribed by national legislation.

(2) Members of the Cabinet and Deputy Ministers may not—

(a) undertake any other paid work;

(b) act in any way that is inconsistent with their office, or expose themselves

to any situation involving the risk of a conflict between their official

responsibilities and private interests; or

(c) use their position or any information entrusted to them, to enrich themselves

or improperly benefit any other person.

Transfer of functions

  1. The President by proclamation may transfer to a member of the Cabinet—

(a) the administration of any legislation entrusted to another member; or

(b) any power or function entrusted by legislation to another member.

Temporary assignment of functions

  1. The President may assign to a Cabinet member any power or function of another member

who is absent from office or is unable to exercise that power or perform that function.

Assignment of functions

  1. A Cabinet member may assign any power or function that is to be exercised or performed

in terms of an Act of Parliament to a member of a provincial Executive Council or to a

Municipal Council. An assignment—

Chapter 5: The President and National Executive

51

(a) must be in terms of an agreement between the relevant Cabinet member and

the Executive Council member or Municipal Council;

(b) must be consistent with the Act of Parliament in terms of which the relevant

power or function is exercised or performed; and

(c) takes effect upon proclamation by the President.

National intervention in provincial administration

[Heading amended by s. 2(a) the Constitution Eleventh Amendment Act of 2003.]

  1. (1) When a province cannot or does not fulfil an executive obligation in terms of the

Constitution or legislation, the national executive may intervene by taking any

appropriate steps to ensure fulfilment of that obligation, including—

(a) issuing a directive to the provincial executive, describing the extent of the

failure to fulfil its obligations and stating any steps required to meet its

obligations; and

(b) assuming responsibility for the relevant obligation in that province to the

extent necessary to—

(i) maintain essential national standards or meet established minimum

standards for the rendering of a service;

(ii) maintain economic unity;

(iii) maintain national security; or

(iv) prevent that province from taking unreasonable action that is prejudicial

to the interests of another province or to the country as a whole.

[Sub-s. (1) amended by s. 2(b) of the Constitution Eleventh Amendment Act of 2003.]

(2) If the national executive intervenes in a province in terms of subsection (1)(b)—

(a) it must submit a written notice of the intervention to the National Council of

Provinces within 14 days after the intervention began;

(b) the intervention must end if the Council disapproves the intervention within

180 days after the intervention began or by the end of that period has not

approved the intervention; and

(c) the Council must, while the intervention continues, review the intervention

regularly and may make any appropriate recommendations to the national

executive.

[Sub-s. (2) substituted by s. 2(c) of the Constitution Eleventh Amendment Act of 2003.]

Chapter 5: The President and National Executive

52

(3) National legislation may regulate the process established by this section.

[S. 100 amended by s. 2 of the Constitution Eleventh Amendment Act of 2003.]

Executive decisions

  1. (1) A decision by the President must be in writing if it—

(a) is taken in terms of legislation; or

(b) has legal consequences.

(2) A written decision by the President must be countersigned by another Cabinet

member if that decision concerns a function assigned to that other Cabinet member.

(3) Proclamations, regulations and other instruments of subordinate legislation must

be accessible to the public.

(4) National legislation may specify the manner in which, and the extent to which,

instruments mentioned in subsection (3) must be—

(a) tabled in Parliament; and

(b) approved by Parliament.

Motions of no confidence

  1. (1) If the National Assembly, by a vote supported by a majority of its members, passes a

motion of no confidence in the Cabinet excluding the President, the President must

reconstitute the Cabinet.

(2) If the National Assembly, by a vote supported by a majority of its members, passes

a motion of no confidence in the President, the President and the other members of

the Cabinet and any Deputy Ministers must resign.

Chapter 5: The President and National Executive

53

[Sub-s. (2) substituted by s. 6 of the Constitution Sixth Amendment Act of 2001.]

(3) An election to fill a vacancy in the office of President must be held at a time and on

a date determined by the Chief Justice, but not more than 30 days after the vacancy

occurs.

[Sub-s. (3) substituted by s. 6 of the Constitution Sixth Amendment Act of 2001.]

Assumption of office by President

  1. When elected President, a person ceases to be a member of the National Assembly and,

within five days, must assume office by swearing or affirming faithfulness to the Republic

and obedience to the Constitution, in accordance with Schedule 2.

Term of office of President

  1. (1) The President’s term of office begins on assuming office and ends upon a vacancy

occurring or when the person next elected President assumes office.

Chapter 5: The President and National Executive

48

(2) No person may hold office as President for more than two terms, but when a person

is elected to fill a vacancy in the office of President, the period between that election

and the next election of a President is not regarded as a term.

Removal of President

  1. (1) The National Assembly, by a resolution adopted with a supporting vote of at least

two thirds of its members, may remove the President from office only on the

grounds of—

(a) a serious violation of the Constitution or the law;

(b) serious misconduct; or

(c) inability to perform the functions of office.

(2) Anyone who has been removed from the office of President in terms of subsection

(1)(a) or (b) may not receive any benefits of that office, and may not serve in any

public office.

Acting President

  1. (1) When the President is absent from the Republic or otherwise unable to fulfil the

duties of President, or during a vacancy in the office of President, an office-bearer in

the order below acts as President:

(a) The Deputy President.

(b) A Minister designated by the President.

(c) A Minister designated by the other members of the Cabinet.

(d) The Speaker, until the National Assembly designates one of its other members.

(2) An Acting President has the responsibilities, powers and functions of the President.

(3) Before assuming the responsibilities, powers and functions of the President, the

Acting President must swear or affirm faithfulness to the Republic and obedience to

the Constitution, in accordance with Schedule 2.

(4) A person who as Acting President has sworn or affirmed faithfulness to the Republic

need not repeat the swearing or affirming procedure for any subsequent term as

Acting President during the period ending when the person next elected President

assumes office.

[Sub-s. (4) added by s. 1 of the Constitution First Amendment Act of 1997]

Chapter 5: The President and National Executive

49

Cabinet

  1. (1) The Cabinet consists of the President, as head of the Cabinet, a Deputy President and

Ministers.

(2) The President appoints the Deputy President and Ministers, assigns their powers

and functions, and may dismiss them.

(3) The President—

(a) must select the Deputy President from among the members of the National

Assembly;

(b) may select any number of Ministers from among the members of the

Assembly; and

(c) may select no more than two Ministers from outside the Assembly.

(4) The President must appoint a member of the Cabinet to be the leader of

government business in the National Assembly.

(5) The Deputy President must assist the President in the execution of the functions of

government.

Accountability and responsibilities

  1. (1) The Deputy President and Ministers are responsible for the powers and functions of

the executive assigned to them by the President.

(2) Members of the Cabinet are accountable collectively and individually to Parliament

for the exercise of their powers and the performance of their functions.

(3) Members of the Cabinet must—

(a) act in accordance with the Constitution; and

(b) provide Parliament with full and regular reports concerning matters under

their control.

Deputy Ministers

  1. (1) The President may appoint—

(a) any number of Deputy Ministers from among the members of the National

Assembly; and

(b) no more than two Deputy Ministers from outside the Assembly, to

assist the members of the Cabinet, and may dismiss them.

(2) Deputy Ministers appointed in terms of subsection (1)(b) are accountable to

Parliament for the exercise of their powers and the performance of their functions.

[S. 93 substituted by s. 7 of the Constitution Sixth Amendment Act of 2001.]

Chapter 5: The President and National Executive

50

Continuation of Cabinet after elections

  1. When an election of the National Assembly is held, the Cabinet, the Deputy President,

Ministers and any Deputy Ministers remain competent to function until the person elected

President by the next Assembly assumes office.

Oath or affirmation

  1. Before the Deputy President, Ministers and any Deputy Ministers begin to perform their

functions, they must swear or affirm faithfulness to the Republic and obedience to the

Constitution, in accordance with Schedule 2.

Conduct of Cabinet members and Deputy Ministers

  1. (1) Members of the Cabinet and Deputy Ministers must act in accordance with a code of

ethics prescribed by national legislation.

(2) Members of the Cabinet and Deputy Ministers may not—

(a) undertake any other paid work;

(b) act in any way that is inconsistent with their office, or expose themselves

to any situation involving the risk of a conflict between their official

responsibilities and private interests; or

(c) use their position or any information entrusted to them, to enrich themselves

or improperly benefit any other person.

Transfer of functions

  1. The President by proclamation may transfer to a member of the Cabinet—

(a) the administration of any legislation entrusted to another member; or

(b) any power or function entrusted by legislation to another member.

Temporary assignment of functions

  1. The President may assign to a Cabinet member any power or function of another member

who is absent from office or is unable to exercise that power or perform that function.

Assignment of functions

  1. A Cabinet member may assign any power or function that is to be exercised or performed

in terms of an Act of Parliament to a member of a provincial Executive Council or to a

Municipal Council. An assignment—

Chapter 5: The President and National Executive

51

(a) must be in terms of an agreement between the relevant Cabinet member and

the Executive Council member or Municipal Council;

(b) must be consistent with the Act of Parliament in terms of which the relevant

power or function is exercised or performed; and

(c) takes effect upon proclamation by the President.

National intervention in provincial administration

[Heading amended by s. 2(a) the Constitution Eleventh Amendment Act of 2003.]

  1. (1) When a province cannot or does not fulfil an executive obligation in terms of the

Constitution or legislation, the national executive may intervene by taking any

appropriate steps to ensure fulfilment of that obligation, including—

(a) issuing a directive to the provincial executive, describing the extent of the

failure to fulfil its obligations and stating any steps required to meet its

obligations; and

(b) assuming responsibility for the relevant obligation in that province to the

extent necessary to—

(i) maintain essential national standards or meet established minimum

standards for the rendering of a service;

(ii) maintain economic unity;

(iii) maintain national security; or

(iv) prevent that province from taking unreasonable action that is prejudicial

to the interests of another province or to the country as a whole.

[Sub-s. (1) amended by s. 2(b) of the Constitution Eleventh Amendment Act of 2003.]

(2) If the national executive intervenes in a province in terms of subsection (1)(b)—

(a) it must submit a written notice of the intervention to the National Council of

Provinces within 14 days after the intervention began;

(b) the intervention must end if the Council disapproves the intervention within

180 days after the intervention began or by the end of that period has not

approved the intervention; and

(c) the Council must, while the intervention continues, review the intervention

regularly and may make any appropriate recommendations to the national

executive.

[Sub-s. (2) substituted by s. 2(c) of the Constitution Eleventh Amendment Act of 2003.]

Chapter 5: The President and National Executive

52

(3) National legislation may regulate the process established by this section.

[S. 100 amended by s. 2 of the Constitution Eleventh Amendment Act of 2003.]

Executive decisions

  1. (1) A decision by the President must be in writing if it—

(a) is taken in terms of legislation; or

(b) has legal consequences.

(2) A written decision by the President must be countersigned by another Cabinet

member if that decision concerns a function assigned to that other Cabinet member.

(3) Proclamations, regulations and other instruments of subordinate legislation must

be accessible to the public.

(4) National legislation may specify the manner in which, and the extent to which,

instruments mentioned in subsection (3) must be—

(a) tabled in Parliament; and

(b) approved by Parliament.

Motions of no confidence

  1. (1) If the National Assembly, by a vote supported by a majority of its members, passes a

motion of no confidence in the Cabinet excluding the President, the President must

reconstitute the Cabinet.

(2) If the National Assembly, by a vote supported by a majority of its members, passes

a motion of no confidence in the President, the President and the other members of

the Cabinet and any Deputy Ministers must resign.

Chapter 5: The President and National Executive

53

 

The President elect shall take the following Oath or Affirmation: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

 

Section 4. Salary and privileges while in service  

 

Section 5. Declaration of Hostilities and War

 

Section 6. Commander and Chief

The President shall be Commander-in-Chief of the Army, Navy, the Militia of the several States and the Space Force of the United States, whenever there is a declaration of war by the Congress.  He shall not have the power to declare war, but shall retain emergency powers to direct the Department of Defense to respond to any imminent attack by any enemy foreign or domestic.

The President shall have access to any and all documents within the Department of Defense and it’s branches, and will have the highest security clearance, with unfettered access to all agencies and departments.

The President may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

 

NOTES:

Perils of Presidential-ism
Democracy: Presidential or Parliamentary. Does it Make a Difference

 

 

ARTICLE FOUR: The National Judiciary


 

Section 1. Structure of the Courts

 The judicial power shall be vested in the judges; it shall be exercised by the Federal Constitutional Court, by the federal courts provided for in this Constitution, and by the courts of the several states.

 

The State Courts shall consist of the States Lower Courts, Intermediate Court or Trial Court, and High Court or Appellate Court, established within each district of registered citizens greater than 2,500 in population.  Each State shall establish on Appellate Court in it’s capital. In addition to these ordinary courts, each state shall have four special branches of jurisdiction consisting of an Administrative Court, a Financial Court, a Labor Court and a Social Court(See German Constitution, 1949)

 

 Section 1a. The Federal Constitutional Court

The Federal Constitutional Court shall rule on interpretation of this Constitution in the event of disputes concerning the extent of the rights and duties of a supreme federal body or of other parties vested with rights of their own by this constitution or by the rules of procedure of a supreme federal body.

 

The Federal Constitutional Court shall rule in the event of disagreements or doubts concerning the formal or substantive compatibility of federal law or State law with this Constitution, or the compatibility of State law with other federal law, on application of the Federal Government, of a State government, or of one fourth of the Members of the Congress.


The Federal Constitutional Court shall rule in the event of disagreements whether a law meets the requirements of Article One of this Constitution, on application of the Congress or of the government or legislature of a States; that the establishment of equivalent living conditions throughout the United States or the maintenance of legal or economic unity renders federal regulation necessary in the national interest.

 

The Federal Constitutional Court shall rule in the event of disagreements concerning the rights and duties of the Federal Government and the States, especially in the execution of federal law by the States and in the exercise of federal oversight.

 

The Federal Constitutional Court shall rule on other disputes involving public law between the Federal Government and the States, between different States, or within a State, unless there is recourse to another court.

 

The Federal Constitutional Court shall rule on constitutional complaints, which may be filed by any person alleging that one of his basic rights under Article One has been infringed upon by public authority.

 

The Federal Constitutional Court shall rule on constitutional complaints filed by municipalities or associations of municipalities on the ground that their right to self-government anywhere herein found, has been infringed upon by a law; in the case of infringement by a State law, however, only if the law cannot be challenged in the constitutional court of the State.

 

The Federal Constitutional Court shall also rule on constitutional complaints filed by associations concerning their non-recognition as political parties for an election to the Congress.

 

 The Federal Constitutional Court shall rule on such other matters as shall be assigned to it by a federal law enacted by Congress.

 

 

 Section 1b. Composition of the Federal Constitutional Court

The Federal Constitutional Court shall consist of federal judges and other members. Half the members of the Federal Constitutional Court shall be female in gender and half male in gender. They may not be members of Congress, of the Federal Government, or of any of the corresponding bodies of the several States.

 

Judges shall be nominated by the President and elected by the Congress by a two thirds majority.

 

The organisation and procedure of the Federal Constitutional Court shall be regulated by a federal law, which shall specify in which instances its decisions shall have the force of law. The law may require that all other legal remedies be exhausted before a constitutional complaint may be filed, and may provide for a separate proceeding to determine whether the complaint will be accepted for decision.

 

 

Section 1c.  Supreme Federal Courts 

 

This constitution hereby establishes the Supreme Federal Court, consisting of the Federal Administrative Court, the Federal Finance Court, the Federal Labor Court and the Federal Social Court as supreme courts of ordinary, administrative, financial, labor and social jurisdiction.

 

The judges of each of these courts shall be nominated by the President and a committee established by the Executive Branch.
The Congress shall vote in open and free elections to elect the Judges whenever a vacancy arises.

 

A Joint Chamber of the courts specified in Section 1b. of this Article shall be established to preserve the uniformity of decisions. Details shall be regulated by a federal law.

 

Section 1c. Other Federal Courts

 

The Congress may establish a federal court for matters concerning industrial property rights.

The Congress may establish federal military criminal courts for the Armed Forces. These courts may exercise criminal jurisdiction only during a state of defense or over members of the Armed Forces serving abroad or on board
warships.

 

Details shall be regulated by a federal law. These courts shall be under the aegis of the Federal Minister of Justice. Their full-time judges shall be
persons qualified to hold judicial office.

 

The supreme court of review from the courts designated in paragraphs (1) and (2) of this Article shall be the Federal Court of Justice.

 

The Federation may establish federal courts for disciplinary proceedings against, and for proceedings on complaints by, persons in the federal public service.

 

With the consent of Congress, a federal law may provide that State Courts shall exercise federal jurisdiction over criminal proceedings in the
following matters:

1. Genocide
2. Crimes against humanity under international criminal law
3. War crimes
4. Other acts tending to and undertaken with the intent to disturb the peaceful relations between nations

 

These courts shall be administered by a panel of three-judges, functioning as a senate of three judges.

 

 The highest court of appeal and court of last resort shall be the Supreme Court located in Washington D.C.   There shall also be four courts of last resort for each special court, located at Congresses discretion. These courts shall include a Federal Administrative Court, a Finance Court, a Labor Court and an Social Court.

 

A Supreme Court of Last Resort shall be established for the special administrative, financial, labor and social courts.

 

 A Constitutional Court shall be comprised of 7 Judges, and shall weigh matters of constitutionality, litigation concerning the constitutionality of a law…

The Supreme Court shall be administered by 17 justices. The Chief Justice shall be of any gender. The remainder of the court shall be divided equally between Judges identifying as either male or female.

 

 

In the exercise of its appellate jurisdiction over the Lower Court, The Intermediate Court has the power to conduct a de novo review which extends to the fact as well as the law. It is not restricted by the substantial evidence rule, nor even to the record. The Higher Court, if it desires, can recall witnesses and take new evidence.

 

The Intermediate Courts shall sit as a three judge court to pass upon issues of law and fact  (without any provision for a jury.)

 

The judges of each of these courts shall be chosen jointly by the competent President and a committee for the selection of judges consisting of Members of Congress. (See: Germany, Constitution 1949.  Article 95)

 

 

…………………….last edited here 5/21/20

 

 

Judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

 

 

Section 2.  Nominations

Superior Court Judges shall be jointly nominated by the President and a committee appointed by the President, when vacancies arise, and elected by Congress. A nominee must be approved by two thirds of the members of Congress in order to be appointed to the court.

 

Section 3. Election of Judges, Terms

 

The President shall confirm the appointment of all Judges, and be elected by 2/3rds majority vote by the Congress.

The Chief Justice shall be nominated by special committee of the Congress and must be approved by two thirds of it’s members.

Judges shall be elected for 15-year terms, with a mandatory retirement age of 70 or by the end of the third term, which ever comes first.

The president shall administer the oath of office.

 

Section 4. Adjustments to Salaries

 

All Federal Judges are guaranteed cost of living increase.( See: Sabato)

 

Section 4. Judicial Independence, Recalls, Impeachment

Judges shall be independent and subject only to the law.

Judges appointed permanently to full-time positions may be involuntarily dismissed, permanently or temporarily suspended, transferred or retired before the expiration of their term of office only by virtue of judicial decision and only for the reasons and in the manner specified by the laws.

The legislature may set age limits for the retirement of judges. In the event of change in the structure of courts or in their districts, judges may be transferred to another court or removed from office, provided they retain their full salary.

Judges and Laws may be recalled or repealed through popular initiative and referenda when approved by 51% of votes cast in a national referendum.

 

Section 5. Jurisdiction 

 

The jurisdiction of the lowest court shall be limited to crimes punishable by less than two years’ imprisonment. Some minor criminal infractions may be determined by the Lower Court judge, as defined by Congress. 

 

Verdicts shall be determined by a Lower Court  Judge sitting with two citizen jurors. These Jurors shall be drawn from the registry of citizens on a rotating basis. A two-thirds vote of the joint tribunal shall be required for any conviction or acquittal. 

 

The Special Social Court shall be limited mainly to cases involving less than $25,000. Civil cases are heard by the Lower Court judge
sitting alone. All judgments may be subject to appeal to the Intermediate court.
(See German Constitution, 1949)

 

 

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;-between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
(See Article Three, Section 2, U.S. Constitution 1788)

 

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
(See Article Three, Section 2, U.S. Constitution 1788)

 

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

(See Article Three, Section 2, U.S. Constitution 1788)

 

NOTES:
https://repository.uchastings.edu/cgi/viewcontent.cgi?article=1611&context=hastings_law_journal

 

ARTICLE FIVE: Climate Change


 

Section 1. Recognizing the Role of Science

 

Section 2. Facing Threats

 

Section 3. Science Based Policy

 

NOTES:

 

 

ARTICLE SIX: Energy Policy


 

Section 1. Transitioning to 100% Renewable’s by 2035  

 

Section 1. Collection of Carbon Fees/Carbon Fee Trust Fund: Upon enactment, impose a carbon fee on all fossil fuels and other greenhouse gases at the point where they first enter the economy. The fee shall be collected by the Treasury Department. The fee on that date shall be $15 per ton of CO2 equivalent emissions and result in equal charges for each ton of CO2 equivalent emissions potential in each type of fuel or greenhouse gas. The Department of Energy shall propose and promulgate regulations setting forth CO2 equivalent fees for other greenhouse gases including at a minimum methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons (HFCs), perfluorocarbons, and nitrogen trifluoride. The Treasury shall also collect the fees imposed upon the other greenhouse gases. All fees are to be placed in the Carbon Fees Trust Fund and be rebated to American households as outlined below.

 

Section 2. Emissions Reduction Targets: To align US emissions with the physical constraints identified by the Intergovernmental Panel on Climate Change (IPCC) to avoid irreversible climate change, the yearly increase in carbon fees including other greenhouse gases, shall be at least $10 per ton of CO2 equivalent each year. Annually, the Department of Energy shall determine whether an increase larger than $10 per ton per year is needed to achieve program goals. Yearly price increases of at least $10 per year shall continue until total U.S. CO2-equivalent emissions have been reduced to 10% of U.S. CO2-equivalent emissions in 1990.

 

Section 3. Equal Per-Person Monthly Dividend Payments: Equal monthly per-person dividend payments shall be made to all American households (½ payment per child under 18 years old, with a limit of 2 children per family) each month. The total value of all monthly dividend payments shall represent 100% of the net carbon fees collected per month.

 

Section 4. Border Adjustments: In order to ensure there is no domestic or international incentive to relocate production of goods or services to regimes more permissive of greenhouse gas emissions, and thus encourage lower global emissions, Carbon-Fee-Equivalent Tariffs shall be charged for goods entering the U.S. from countries without comparable Carbon Fees/Carbon Pricing. Carbon-Fee-Equivalent Rebates shall be used to reduce the price of exports to such countries. The State Department will determine rebate amounts and exemptions if any.

 

Section 5. Renewable Energy and Sustainability

 

NOTES:
(See: Fee and Dividend.)

 

 

ARTICLE SEVEN: Fiscal and Financial Policy


 

Section 1. Taxation 

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
(See: Article One. Section 9. U.S. Constitution 1788)

 

 

Section 2. Markets

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.

To borrow Money on the credit of the United States.

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States.

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures.

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States.

To establish Post Offices and post Roads.

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
(See: Article One. Section 8. U.S. Constitution 1788)

 

Section 3. The role of Worker Cooperatives and Other Democratic Endeavors

 

Section 4. The Democratization of Large Fiscal Enterprises

 

Section 5. Renewal of Local Economies

 

Section 6. Universal Basic Income

 

NOTES:

 (See: Sabato)

18. Adopt a regional, staggered lottery system, over 4 months, for Presidential party nominations to avoid the destructive front-loading of primaries.

19. Mend the Electoral College by granting more populated states additional electors, to preserve the benefits of the College while minimizing the chances a President will win without a majority of the popular vote.

20. Reform campaign financing by preventing wealthy candidates from financing their campaigns, and by mandating partial public financing for House and Senate campaigns.

National Constitutional Convention:
23. Convene a new Constitutional Convention using the state-based mechanism left to us by the Framers in the current Constitution.

 

ARTICLE EIGHT: Elections and Referendums


 

Section 1. General Elections

General elections will be held every 4 years on the first Monday of November.  Election Day shall be a national holiday.

 

Any person who has attained the age of eighteen shall be entitled to vote; any person who has attained the age of majority may be elected.

Mail in ballots shall be provided to all citizens for each election. Ballots shall be hand counted in public.

 

Section 1a. Compulsory Voting

Voting shall be compulsory. A fine of no less than $20.00 and no more of $80.00 shall be imposed for failure to cast a ballot. Fines shall be determined by congressional districts.

 

Appeals may be made following requirements established by Congress.

 

Section 2. Primaries

Primaries are hereby dissolved.

 

Section 3. Top Four or Instant Runoff Voting
(Linked here)

 

Section 4. Ranked Choice Vote for Congressional Election

 

Ranked choice voting be used for all elections for Members of Congress.

 

States entitled to six or more Representatives establish districts such that three to five Representatives are elected from each district.

 

States entitled to fewer than six Representatives elect all Representatives on an at-large basis.

 

Congressional redistricting shall be conducted in accordance with a plan developed by a state-established independent commission. If such a commission fails to enact a plan, a three-judge panel from a U.S. District Court shall conduct the redistricting.
(See H.R. 4000)

 

Section 5. Full representation for the District of Columbia

 

Section 6. Abolish the Filibuster Rule

 

Section 7. Voter Registration is the Government’s Responsibility

Congress shall establish an automatic registration system for all qualified American citizens. (See: Sabato)

 

Section 8. Compulsory Voting

 

Section 9. Instant Runoff Voting

 

Section 10. Nonpartisan Districting Commission

 

Section 11. Limits on Filibustering

 

Section 12. Voter Suppression

Every citizen of the United States, who is of legal voting age, shall have the fundamental right to vote in any public election held in the jurisdiction in which the citizen resides.

 

Congress shall have the power to enforce and implement this article by appropriate legislation.
(See: House Joint Resolution 74 below.) 

 

Section 13. Public Financing of Elections

 

Section 14. Political Parties

 

Political parties shall participate in the formation of the political will of the people. They may be freely established. Their internal organization must conform to democratic principles. They must publicly account for their assets and for the sources and use of their funds.

 

Parties that, by reason of their aims or the behavior of their adherents, seek to undermine or abolish the free democratic order or to endanger the existence of the The United States shall be unconstitutional. The Federal Constitutional Court shall rule on the question of unconstitutionality.

 

Details shall be regulated by federal laws.
See: German Constitution, 1949, Article 21)

 

Section 15. Paper Ballots

All elections shall be administered by paper ballots, and shall be made available in languages representing constituencies.

 

Section 16. Uniform Codes

All States shall adopt uniform standards for elections constrained to National Standards established by Congress.

 

Section 17. Referendums

Any 100,000 persons eligible to vote may within 18 months of the official publication of their initiative propose a complete revision of the National Constitution.

This proposal must be submitted to a vote of the People.

A popular initiative for the partial revision of the National Constitution may take the form of a general proposal or of a specific draft of the provisions proposed.

If the initiative fails to comply with the requirements of consistency of form, and of subject matter, or if it infringes mandatory provisions of international law, the Congress shall declare it to be invalid in whole or in part

If the Congress is in agreement with an initiative in the form of a general proposal, it shall draft the partial revision on the basis of the initiative and submit it to the vote of the People and the States. If the Congress rejects the initiative, it shall submit it to a vote of the People; the People shall decide whether the initiative should be adopted. If they vote in favor, the Congress shall draft the corresponding bill.

An initiative in the form of a specific draft shall be submitted to the vote of the People and the States. The Congress shall recommend whether the initiative should be adopted or rejected. It may submit a counter-proposal to the initiative.

The People vote on the initiative and the counter-proposal at the same time.

The People may vote in favor of both proposals. In response to the third question, they may indicate the proposal that they prefer if both are accepted.

If in response to the third question one proposal to amend the Constitution receives more votes from the People and the other more votes from the States, the proposal that comes into force is that which achieves the higher sum if the percentage of votes of the People and the percentage of votes of the States in the third question are added together.

The following must be put to the vote of the People and the States:

Accession to organisations for collective security or to supranational
communities;

Emergency federal acts that are not based on a provision of the Constitution and whose term of validity exceeds one year; such federal acts
must be put to the vote within one year of being passed by Congress.

The following are submitted to a vote of the People: • Constitution amendment procedure.

Popular initiatives for a partial revision of the Federal Constitution in the form of a general proposal that have been rejected by the Federal
Assembly.

The question of whether a complete revision of the National Constitution should be carried out.

If within 100 days of the official publication of the enactment any 50,000 persons eligible to vote or any twenty-five States request it, the following shall be submitted to a vote of the People:

Emergency federal acts whose term of validity exceeds one year. Federal decrees, provided the Constitution or an act so requires.

International treaties that:
1. Are of unlimited duration and may not be terminated.
2. Provide for accession to an international organisation.
3. Contain important legislative provisions or whose implementation
requires the enactment of federal legislation.
(See: Switzerland 1999 (rev. 2014) 

Every proposal for an amendment of this Constitution which is submitted by Referendum to the decision of the people shall be held to have been approved by the people, if, upon having been so submitted, a majority of the votes cast at such Referendum shall have been cast in favor of its enactment into law.

1.A. Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall be held to have been vetoed by the people if a majority of the votes cast at such Referendum shall have been cast against its enactment into law and if the votes so cast against its enactment into law shall have amounted to not less than thirty-three and one-third percent of the voters on the register.

1.B. Every proposal, other than a proposal to amend the Constitution, which is submitted by Referendum to the decision of the people shall hereof be held to have been approved by the people unless vetoed by them in accordance with the provisions of the foregoing sub-section of this section.

Every citizen who has the right to vote at an election for members of Congress shall have the right to vote at a Referendum.

Subject as aforesaid, the Referendum shall be regulated by law.

Congress shall call a referendum on the entry into force of a law that it has adopted if so, required by at least _ million voters with no less than 2 percent of the eligible citizens in each state. (See: Ireland’s Constitution, Article 47)

Recall of Representatives, Judges and Executives.

 
NOTES:

https://en.wikipedia.org/wiki/Compulsory_voting
https://www.congress.gov/bill/115th-congress/house-joint-resolution/74/text

 

 

ARTICLE NINE: Social Objectives


 

1. The Federal and the State governments shall, as a complement to personal
responsibility and private initiative, endeavor to ensure that:

a. Every person has access to social security.

b. Every person has access to the health care that they require.

c. Families are protected and encouraged as communities of adults and children.

d. Every person who is fit to work can earn their living by working under fair conditions.

e. Any person seeking accommodation for themselves and their family can find suitable accommodation on reasonable terms.

f. Children and young people as well as persons of employable age can obtain an education and undergo basic and advanced training in                     accordance with their abilities.

g. Children and young people are encouraged to develop into independent and socially responsible people and are supported in their social,             cultural and political integration.

2. The Federal and State governments shall endeavor to ensure that every person is protected against the economic consequences of old-age,           invalidity, illness, accident, unemployment, maternity, being orphaned and being widowed.

3. They shall endeavor to achieve these social objectives within the scope of their constitutional powers and the resources available to them.

4. No direct right to state benefits may be established on the basis of these social objectives.

NOTES:
(See: Switzerland 1999 (rev. 2014) Page 17)

 

 

ARTICLE TEN: State Defense Forces, Firearms and Weapons


 

Section 1. State Defense Forces

State Defense Forces shall operate within the guidelines established by the various state legislatures and shall
comply with standards and guidelines established by the national legislature.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. (See: U.S. Constitution, 1788, Amendment 3. )

 

Section 2. Firearms and Weapons

All adult citizens 18 years or older are eligible for state and national licensing for use and ownership of legal firearms.  All citizens wishing to own and or use a firearm must pass a comprehensive background check and psychological evaluation, as well as a written test and field test before being issued a license. In addition, members of the State Defense Forces must adhere to regulations and procedures under State Defense Force’s policy established by the State legislature.  An individual right for a U.S. citizen to possess firearms is established upon meeting the above requirements. Assault weapons of _____ caliber are hereby banned for public use.

 

Section 3. Universal background check

 

Section 4. National and State Licensing

 

Section 5. Mental Health Assessment

 

Section 6. Buy Back Programs

 

Section 7. Uniform Standard

 

NOTES:

https://www.businessinsider.com/assault-weapons-ban-poll-gun-reform-2018-2

 

ARTICLE ELEVEN: Immigration


Section 1. Status

 

Section 2. Definitions

 

Section 3. Terms

NOTES:

 

 

ARTICLE TWELVE: Peace, Equity, and Happiness


Section 1. The Rule of Law

 

Section 2. Repeal of the Death Penalty

 

Section 3. Distribution of Resources and Energy

 

Section 4. Cooperation Between States.

 

Section 5. The Global Citizen Clause

 

Section 6. The International Criminal Court

 

Section 7. Restoring the Environment.

 

Section 8. Monetary Policy

 

Section 9. Transitioning from Defense to Cooperation

 

 

 

Section 10. International Relations

 

NOTES:

 

ARTICLE THIRTEEN: Departments and Agencies


 

Department of Habitat and Wildlife Restoration

 

 

Department of Aquifer Management

 

 

Department of Fisheries Restoration

 

 

Department of Sustainable Energy

 

 

Department of Public Education

 

 

Department of Sustainable Housing and Communities

 

 

Department of Rural Renewal

 

 

Department of Peacebuilding

The Department of Peacebuilding shall reside in the executive branch, dedicated to peacebuilding, peacemaking, and the study and promotion of conditions conducive to both domestic and international peace and a culture of peace.

The mission of the department includes the cultivation of peace and peacebuilding as a strategic national policy objective and development of policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful conflict resolution, and structured conflict mediation.

The department shall collaborate with others to promote personal and community security and peace by supporting policies to

  • address personal and family violence, including suicide;
  • address crime, punishment, and rehabilitation, including by reducing prison recidivism rates;
  • reduce drug and alcohol abuse; and
  • create, through local community initiatives, peace projects that facilitate conflict resolution and healing of societal wounds.

A Federal Interagency Committee on Peace is established to coordinate the actions of the department with other federal agencies.

The Department of Defense and the Department of State must consult with the department concerning nonviolent means of conflict resolution when a conflict between the United States and any other government or entity is foreseeable, imminent, or occurring.

The department shall encourage citizens to observe and celebrate the blessings of peace and endeavor to create peace on Peace Days.

 

 

 

Department of Education

 

 

 

Department of Technology