A New Constitution for the United States of America
(as proposed in The Commonsense Rules):
This amendment to the Constitution of the United States is proposed by a two-thirds vote of both Houses of Congress, as deemed necessary to secure to the citizens their inalienable natural rights, and shall be valid and fully effective when ratified by the legislatures of three-fourths of the several states, as provided in Article V of said Constitution.
The Constitution of the United States is hereby amended by deleting all articles and sections after the Preamble, and adding the following articles and sections, so that the full text of the Constitution shall be as follows:
THE CONSTITUTION OF THE UNITED STATES
Preamble
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Article I
Introduction
We hold these truths to be self-evident, that all people are endowed with certain inalienable rights, that among these are life, liberty and the pursuit of happiness; that to secure these rights, governments are instituted, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles as reason dictates are universal to humankind. By establishing this Constitution, we exercise that right on behalf of ourselves and our descendants.
This Constitution, and the laws of the United States that shall be made pursuant hereto, shall be the supreme law of the land; and shall be binding on all branches of government authorized herein, and on all the people of the nation, notwithstanding anything in the preexisting constitutions, laws, treaties, and judicial precedents of the federal, state and local governments of the United States. All such prior legal obligations shall become null and void in accordance with Article VII.
Article II
Purpose
The purpose of this government is to protect and preserve those inalienable natural rights that reason dictates are endowed to all people: to be supported and educated until the age of independence; to be secure from the transgressions of others; to share the resources of nature; to perform labor and exchange its value; to rely on the truth; and to exercise free will without interfering with the natural rights of others. To realize this purpose, and to balance the inevitable conflicts among these natural rights with the least attenuation of any, a limited form of government is hereby authorized and established.
Article III
Powers
Section 1—Limited Powers. Government is granted only the powers necessary to achieve the stated purpose and none other; and is empowered to enact, enforce, execute, and adjudicate a uniform code of laws, to be applied without prejudice. There shall be only one code of laws, which shall be organized and concise, and all laws shall be accessible and comprehensible to the average citizen.
Section 2—Freedom. (1) The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people. Government shall not, by law or deed, abridge freedom of speech, association, movement, or enterprise unless the exercise thereof is likely to incite violence, cause injury, or otherwise violate the terms of this Constitution.
(2) All people shall be free to criticize government and its representatives; and the news media shall not be licensed, controlled, or restricted by government; except that all persons and entities shall be liable for disseminating false information, in accordance with Article III, Section 4 (1) and (2). The freedom to communicate by verbal, written, graphic, electronic, video, audio, or other means shall be protected, unless it (i) incites violence, anarchy, mayhem, or other violation of criminal laws; (ii) publicly displays material that is highly offensive to a reasonable person; (iii) presents a threat to the well-being of children; (iv) facilitates the capacity to commit acts of terrorism; or, (v) disseminates information that is known, or should be known, to be false.
(3) People shall be free to associate with others in marriage, employment, religion, and other relationships; to apply their labor in any enterprise or employment, subject to the provisions of Article III, Section 3; to peaceably assemble; and to petition the government for a redress of grievances; all subject to the terms of this Constitution. Freedom of movement shall be preserved except as may be required to protect the security and general welfare of all citizens. The number of non-citizens authorized to enter and reside in the United States shall be limited.
(4) The laws shall establish a national system of identification of all inhabitants. All citizens and other residents of the United States shall be required to register their legal name, place of residence, and unique physical characteristics sufficient to verify individual identity. The most convenient and least intrusive techniques available shall be utilized to accurately verify individual identities. A unique identification number shall be assigned to each citizen and to every other resident of the nation. After registration, each citizen shall be issued an identification card with a citizen ID number, photograph, and biometric identifier. After registration, each authorized non-citizen resident shall be issued an identification card with a registered authorized resident (RAR) ID number, photograph, and biometric identifier. After registration, each unauthorized non-citizen resident shall be issued an identification card with a registered unauthorized resident (RUR) ID number, photograph, and biometric identifier.
(5) All existing citizens of the United States shall be recognized as citizens. Children born to citizens whose principal place of residence is in the United States shall be citizens. Non-citizen residents authorized to reside permanently in the United States (RARs) shall be eligible to become citizens five years after the later of authorization or residency, upon pledging to support and abide by this Constitution and the laws enacted pursuant hereto, unless the resident has substantially failed to comply with said laws. The children born to RARs and registered accordingly shall become citizens concurrently with their parents.
(6) All persons residing in the United States without authorization shall be subject to deportation until registered as RURs. No unauthorized resident shall be eligible for registration until after one year of continuous residency. RURs may continue to reside in the United States unless they substantially fail to comply with the laws. RURs shall be eligible to become citizens ten years after registration if continuous residency is maintained, upon pledging to support and abide by this Constitution and the laws enacted pursuant hereto, unless the resident has substantially failed to comply with said laws. The children born to RURs and registered accordingly shall become citizens concurrently with their parents.
(7) A limited number of applications from foreign citizens for permanent residency in the United States shall be approved each year, without preference or discrimination on any basis except exigent family circumstances or the national interest. The total number of applications approved each year shall be no greater than the amount required for annual population growth of one percent, including births, deaths, emigrations, unauthorized entries, and unauthorized stays.
(8) No person shall be arrested, detained, interrogated, or searched without consent unless a reasonable probability exists that the person has committed or is committing a crime punishable by incarceration, or is withholding evidence of such a crime. No residence, place of work, vehicle of transportation, depository of information, or other personal property shall be searched or seized without consent unless a reasonable probability exists that such search and seizure will result in evidence of, or the prevention of, criminal activity. No person being arrested or detained shall be subject to coercion, abuse, or physical force except to the extent reasonably required to overcome resistance or to defend against assault. No person shall be detained for more than six hours without adequate food and facilities, or without reasonable access to communicate by phone. Only duly appointed law enforcement employees or agents of the government shall be authorized by law to arrest, detain, investigate, or seize evidence; and they shall be liable for willful, reckless, or flagrant violations of these constitutional protections.
(9) No person shall be detained without being granted the right to an attorney, and one shall be provided at public expense if the detainee is unable to afford one. In the event a detainee is in need of medical care, appropriate medical treatment shall be provided. No person shall be detained for more than seventy-two hours without an order of a duly appointed judge of proper jurisdiction, describing the facts that support a finding of reasonable probability that the detainee committed an alleged violation of law punishable by incarceration, a copy of which shall be delivered to the detainee. Notice of all the preceding rights shall be given to a detainee at the earliest practical time.
(10) A person so detained may be kept in custody pending the verdict of a trial, or other resolution, only if there is a risk of flight or a danger of harm to others. If the attendance of the accused and the safety of others can be reasonably assured by bail, surety, or supervision, the accused shall be released upon satisfaction of the conditions necessary for such assurance. No person shall be subject to a criminal trial unless a court of proper jurisdiction has determined that there is a reasonable probability of guilt, after a hearing of the charges and evidence to be presented; and no person shall be subject to a second criminal trial after being acquitted of charges related to the same offense, unless previously unknown evidence is discovered that is material, distinct, and credible.
(11) All criminal trials shall be open to the public to the extent public access does not interfere with the impartial administration of justice. No person shall be held for trial in a particular venue if there is not a reasonable expectation of fair and impartial proceedings. All criminal defendants shall have the following rights: to competent legal representation throughout the proceedings; to question the witnesses against them; to obtain compulsory process of witnesses; to refuse to testify against themselves; and to have a jury of unbiased citizens determine the facts of the case against them.
(12) No person shall be convicted of a crime unless the facts which constitute the offense are determined to be true beyond a reasonable doubt. Appeals of verdicts in criminal cases shall be heard by a higher court if requested within a reasonable time, and if a reasonable probability of cause to invalidate the verdict exists. Such cause is limited to those cases in which (i) the evidence lawfully introduced during trial does not support the finding of sufficient facts; (ii) the court erred in the interpretation or application of law to the facts; or, (iii) a judge or member of a jury acted in bad faith.
(13) No law shall apply to any action taken or failure to act prior to the enactment thereof (ex post facto). No law shall be enacted which effectively rewards or penalizes any specific person, group, or entity; nor shall government favor, promote, or otherwise support any persons, groups, or entities directly or indirectly. No law shall establish preferential rights, exemptions, subsidies, or tax status for any persons, groups, or entities, including religions, political parties, labor unions, and other special interests.
(14) All powers delegated to government in this Constitution shall be exercised with the least infringement of personal freedoms, and the powers not so delegated are reserved to the people. Every law shall be subject to repeal by sixty percent of the votes in a national referendum in which sixty percent of all registered voters participate, whereupon it shall be null and void. A repeal referendum shall be conducted if affirmatively requested by at least twenty percent of all registered voters, by written or electronic signatures.
Section 3—Labor. (1) The laws shall protect the natural rights of all people to the value of the yield of personal labor, including the rights to sell, pledge, or promise labor or its value to others on mutually agreeable terms and conditions, and the right to buy or contract for labor or its value on mutually agreeable terms and conditions. The rights of employees and employers to act in their own respective interests shall not be infringed or restricted in any way, except as necessary to protect children and to avoid unreasonable safety risks. All workers shall be free to compete for employment of their labor on the best terms available. No person shall be required by law to join or support a union of other workers, or any other third party organization or group, as a condition of employment. No employer shall be required by law to negotiate, contract, or otherwise transact with a union of workers or other representative of workers collectively, and shall retain the right to negotiate all terms of employment with each employee individually.
(2) No person or entity shall be required to obtain a license or other approval of the government or other third party, as a condition of employment or to sell goods and services, unless the activity involves an inherent and unreasonable risk to public safety. Laws that require licenses, permits, or other approvals as a condition of employment in professions or the conduct of businesses shall be limited solely to safeguard the public from inherent and unreasonable dangers, and shall prescribe only the minimum standards necessary to achieve that purpose. There shall be no limitations, directly or indirectly, on the number of persons or businesses to be granted such licenses or approvals, nor shall any quotas be established, nor shall any fees be charged therefore. Any such licenses or approvals shall be granted to all persons and businesses that satisfy the minimum standards, and shall not be sold, assigned, or otherwise transferred to another person or business. The laws may establish reasonable restrictions on the locations allowed for certain business activities, by establishing zones that are determined on the basis of public safety and convenience.
(3) No minimum or maximum compensation or related benefits shall be prescribed by law; nor shall government require or induce equality of compensation or other terms of employment for any reason; nor shall government otherwise interfere with the free trade of labor except as necessary to avoid unreasonable safety risks. No laws shall be enacted, nor any other actions taken by government, that control, limit, or influence the prices, quantity, or other conditions of goods, services and improvements produced, purchased, or sold within the United States, except to the extent specifically provided herein. Minimum standards of quality for food, housing, medical, and other essential products and services shall be enacted by law and enforced by government, but only as required to protect public safety. Government shall not provide any advantage or disadvantage to any business, product, or service by direct or indirect subsidy, tax treatment, financing, or other interference with free market competition; except that no corporation, business entity or network of related entities shall be allowed to control more than one percent of the total goods, services, and improvements produced in the nation.
(4) The laws shall prohibit price-fixing and other anti-competitive collusion among two or more providers of similar goods, services, or improvements. The laws shall require that all goods, services, and improvements produced in foreign jurisdictions and purchased in the United States meet any minimum standards of quality and safety applicable to domestic producers; and that tariffs shall be collected on all such imported goods, services, and improvements sufficient to offset the expense of processing and inspecting them. Tariffs shall also be collected on all imported goods, services, and improvements in an amount sufficient to offset any subsidies provided to foreign producers, suppliers, and distributors by foreign governments, either directly or indirectly through state financing, loan guarantees, or under-valuation of the foreign currency in relation to the currency of the United States.
Section 4—Truth. (1) The laws shall prohibit the communication of false or misleading information which could reasonably be foreseen to (i) damage the reputation of persons, groups, or entities, (ii) induce others to act contrary to their self-interests, (iii) incite violence or other unlawful behavior, or (iv) otherwise harm the public interest. Violators shall be liable to all persons, groups, or entities that incur damage to their reputations or financial interests as a result of false or misleading communications. There shall be no liability if the information is truthful; or, if published or communicated in the ordinary course of business by a purveyor of news and information to the public (news media) and the publisher or communicator reasonably believed the information was truthful and verified it with reliable sources consistent with industry practices. Statements that are obviously opinions, or predictions of future events, shall not be subject to liability, unless made without regard to the truth and with malicious intent.
(2) In claims for civil damages brought pursuant to the preceding paragraph, the burden of proving damages and causation shall be on the plaintiff; the burden of proving the truth, or reasonable belief in the case of the news media, shall be on the defendant. When a court of proper jurisdiction decides that a defendant is liable for violating this provision, it shall assess damages. If the violation is found to be a reckless disregard for the truth, the actual damages may be doubled; and if an intentional violation is found, the actual damages may be tripled. The laws may provide for criminal penalties, including incarceration, for the most willful and egregious false statements; and for intentional communication of false or misleading information to the government in a judicial proceeding, tax statement, or other communication that is in the public interest; and for intentionally inciting violence or other unlawful behavior.
(3) The laws shall require the enforcement of all provisions of contracts freely made by persons of sound mind over the age of independence, and by entities established in accordance with the law, except as otherwise provided herein. No laws shall be enacted which interfere with the right to enter into contracts upon such terms and conditions as the parties may agree, nor shall any terms or conditions be dictated by law, nor shall any court of law refuse to enforce any terms or conditions of a valid contract, except as otherwise provided herein.
(4) If the interpretation of a contract is disputed by the parties, a court of proper jurisdiction shall construe and enforce its meaning in accordance with the actual wording of the contract, and only contradictory or ambiguous language shall be interpreted on the basis of evidence of intent and circumstances. A person or entity in breach of contract shall be liable to the other party or parties to the contract for any loss, injury, or damage caused thereby. A court of proper jurisdiction may also order specific performance of contracts, except for labor agreements, marriage agreements, and other contracts when required performance is not practicable.
(5) The following contracts, or terms thereof, are contrary to the public interest and shall be unenforceable, in law or in equity:
(i) All terms that contemplate, promote, require, or reward any violation of this Constitution or any laws enacted pursuant hereto;
(ii) All terms of contracts between a business and a consumer that are obscure and unintelligible to the average person;
(iii) All unilateral agreements which are not in exchange for due consideration;
(iv) All agreements to buy, sell, or trade corporate shares, bonds, commodities, or their derivatives, if the buyer has insufficient funding to complete the transaction, or if the seller does not own the underlying assets;
(v) All contracts for payment or reimbursement of the loss in value of an asset, if the claimant has no ownership of the underlying asset and no risk of loss;
(vi) All claims for medical services or products which do not satisfy the requirements of Article III, Section 12 (2);
(vii) The laws may require certain types of agreements to be embodied in a written contract and confirmed by the signatures or other validation of the parties thereto, in which instances verbal agreements shall be unenforceable.
(6) All people subject to the jurisdiction of the United States shall have a duty to comply with the provisions of this Constitution and the laws enacted pursuant hereto. The laws may establish reasonable obligations to refrain from acting in a manner that will endanger others. Irrespective of such provisions, all people shall have a general duty to exercise reasonable care to avoid causing harm to others or damage to property. Any person who fails to exercise reasonable care, or fails to comply with the obligations created by the laws, shall be liable for any loss, injury, or damage caused thereby. In claims for civil damages based upon breach of the duty of care or other violation of the law, the plaintiff shall have the burden of proving the breach or violation, any loss or damage incurred, and the causal connection between the loss or damage and the breach or violation by the defendant. The government, corporations, and other legal entities shall likewise be held liable for the actions of their employees, agents, and contractors, if acting on their behalf at the time of the breach or violation.
(7) The government shall collect, analyze, publish, and disseminate relevant information for the purposes of enhancing common knowledge, providing a basis for public evaluation of the performance of government, and supplying factual data for professional research and analysis. The information shall include (i) economic activity of the nation and comparable information about other nations; (ii) fiscal and monetary reports describing government receipts and expenditures, money supply, and related public financial data; (iii) the uniform code of laws, and any regulations, treaties, and judicial interpretations which impose obligations or restrictions; (iv) public registry information regarding land and other natural resources and improvements, including data compilations of sales and other transactions; (v) public registry information regarding novel and unique filings, including data compilations of challenges and approvals, by industry, product, and service categories; and (vi) other information that is in the public interest and may be published without unreasonable costs or risks.
(8) All public information shall be published and disseminated in the most efficient medium available, and shall be organized, accurate, and comprehensive. It shall be accessible and understandable by the average citizen, without duplications or contradictions. Information may be withheld from the public only if publication would cause an unreasonable risk of harm to individuals or to national security.
Section 5—Property. (1) The laws shall protect the private rights to natural resources and improvements as described herein, the private rights derived from the trading and accumulation of labor value and its yield, and the public rights to resources and value retained by government on behalf of all the people. The laws shall protect these rights (property ownership) against unauthorized use, theft, damage, and destruction by others. The laws shall impose penalties on those who intentionally or recklessly use, steal, damage, destroy, or otherwise interfere with the use and enjoyment of the property of others by force, intimidation, fraud, or other means, and those who threaten, conspire, or attempt to do so. Penalties shall include restitution, service to the community, and forfeiture of UShare funds and other property owned by perpetrators; incarceration may be prescribed for multiple violations of these laws and for violations accompanied by force, intimidation, threats, possession of dangerous weapons, or other actions that result in a reasonable fear of harm.
(2) The laws may grant property rights in the form of exclusive use, benefit, promotion, and sale of products, services, and improvements that are reliant on an idea, creation, image, formula, design, or other invention that is novel and unique. The right shall be granted to the person or persons whose labor has produced the result, or to the corporation or entity to which any prospective rights have been assigned by written agreement. If only a portion of the result is based on novel and unique work product, and a portion is based on common or accumulated knowledge, then only that portion that is novel and unique shall be protected. The laws shall specify the periods of exclusivity for different categories of products, services, and improvements, not to exceed ten years.
(3) The government shall maintain a public registry of applications for protection, and the first to file an application with substantiation that the work product is novel and unique shall be granted protection, unless credible evidence to the contrary is presented within one year of the filing. All filings shall be organized, accessible, and searchable. The holder of exclusive rights may assign, license, or otherwise authorize others to use, promote, sell, or benefit from products, services, or improvements reliant on such protection. The government may withhold, terminate, or otherwise invalidate protection at any time if it is in the public interest, in which event the holder thereof shall be paid reasonable compensation. All writings, depictions, music, and other original intellectual work product shall be the property of the author or creator, and shall not be reproduced, duplicated, or distributed by others without permission of the author or creator.
(4) A monetary system shall be established by law to: facilitate the production, sale, and purchase of goods, services, and improvements in the United States; to measure the relative value of labor, natural resources, and their derivatives; and to allow for the accretion and quantification of wealth. The laws shall require that a limited supply of monetary credits, denominated as dollars or another designation, be issued, managed, and controlled by the government, and that they be the only legal tender in the United States. The unauthorized counterfeiting, duplication, or creation of money, in the form of dollars or other substitutes, shall be prohibited and may be punishable by incarceration or other appropriate penalties. Money may be issued in the form of paper currency, coins, or other secure evidence of ownership that is readily exchangeable. The supply of money being exchanged within the United States at any given time shall be limited, in order to stabilize its domestic value and minimize volatility in the prices of labor, natural resources, goods, services, improvements, and other valuable assets.
Section 6—Resource Management. (1) The laws shall delineate the responsibility of government to manage natural resources, including a system of private rights to the use and control of land, air, seas, and other water for productive utilization and improvement. Private ownership and license rights shall be freely tradable, assignable and rentable, in whole or in part, subject to reasonable restrictions for the public good. Private ownership or license of natural resources and their improvements is a privilege contrary to the natural order that is granted by consent of the people. These rights are subject to taxation; and may be repossessed by government for nonpayment of taxes or other debts declared valid by a court of law, or in the event of waste, neglect, or abandonment, or otherwise for the public good. The holders of rights that are so taken shall be reimbursed for the fair market value of the resources as improved at the time of the taking, net of obligations lawfully due and payable to others.
(2) No persons, groups, or entities shall be granted preferential treatment or subsidy over the rights of other citizens in the ownership, licensing, taxation, or use of natural resources and improvements thereon for any reason, including ancestry, ethnicity, religion, or educational use. All non-government organizations shall be assessed taxes on land, improvements, and other resources at the same rate as other persons, groups, and entities. No land or other resources shall be reserved for the use or benefit of any class of citizens or groups for any reason, including ancestry, ethnicity, or religion. The reservation of lands and improvements for ancestors of aboriginal or indigenous persons or groups shall be terminated. No other independent or sovereign governments or jurisdictions shall exist within the United States. Nothing in this paragraph shall preclude laws that provide temporary transitional benefits to such ancestors who received special treatment in the past. Nor shall the designation of limited public lands to be used as remembrances of aboriginal peoples and their cultures be prohibited. Any such lands and their improvements shall be accessible to all citizens equally.
(3) Government shall operate and maintain a complete and accurate public registry of all current and former holders of resource rights, and all transfers, assignments, liens, and collateralizations filed in connection therewith, including the personal identities of all major beneficiaries of such rights. Separate registries may be maintained for land, air, and water rights. All parcels, spectrums, and segments subject to ownership or license rights shall be clearly identified, with a description of improvements. The use and improvement of land and other natural resources may be restricted by law, including the location and type of structures sited thereon. Such regulations shall be reasonably balanced between private ownership rights and the public interest, and shall be filed in the applicable public registry. All information collected in the registries shall be organized, accessible, and searchable in an easy to use and understandable format.
Section 7—UShares. (1) The laws shall guarantee compensation to all citizens in exchange for the relinquishment of their common rights to share the natural resources. One-half of the value of all final goods, services, and improvements actually produced within the United States shall be owned equally by all citizens. The goods, services, and improvements produced by government shall be deemed to be for the benefit of all; the net cost thereof, after deducting payments to government by other producers, shall be paid by all citizens. One-half of all income from domestic production shall be collected in taxes; after payment of the net government production expenditures, the remainder shall be divided by the number of citizens with permanent residence within the United States. These common shares shall be distributed to citizens into special UShare accounts at approved banking institutions, at least once per month. Non-citizens shall not be entitled to distributions.
(2) All citizens twenty-one years of age and older shall establish and maintain an UShare account at an approved bank, to receive pro rata distributions. Transfers on behalf of children less than twenty-one years of age shall be made to the UShare accounts of their parents or guardians, to be applied toward support of the children. Distributions on behalf of pre-school children shall be in the amount of one-quarter of a full pro rata share per citizen. Three-quarters of the full shares for pre-school children under the age of five years old shall be effectively deferred, and the aggregate deferred amounts shall be divided equally among citizens sixty-seven years of age and older, and shall be added to their full shares (the senior supplement). A maximum of three-quarters of a full pro rata share shall be paid on behalf of school-aged children who are citizens to a qualified educator, as defined in Article III, Section 14 (2), (3), and (5), during educational enrollment between the ages of five and twenty-one years. Educational distributions shall not exceed sixteen years per child, and unused educational distributions shall be forfeited.
(3) Every adult citizen, regardless of marital status, shall maintain one individual UShare account at an approved banking institution, identified by legal name and an identification number issued pursuant to Article III, Section 2 (4). All UShare distributions shall be transferred by the most technologically efficient means directly into the UShare accounts. The law shall establish minimum financial and other requirements for approval of banking institutions to administer the accounts and receive distributions. Approved banks shall be prohibited by law from incurring liabilities other than UShare deposits and limited short-term financing; and all bank assets shall be invested in the Health Care Credit (HCC) accounts described in Article III, Section 12 (2), home mortgage loans not exceeding eighty percent of the value of the land and residence secured as collateral, consumer credit to account holders, debts of the United States government, or central bank reserves.
(4) All distributions, and interest earned on UShare account balances, shall be exempt from taxation, and the accounts shall be fully guaranteed by the government, up to a maximum amount. The maximum shall be the then current annual pro rata UShare distribution multiplied by the number of years since the account holder was twenty-one years of age, plus the current annual senior supplement multiplied by the number of years since the account holder was sixty-seven years of age. Citizens may withdraw and transfer funds from their UShare accounts by check, debit, or other transfer method, but the law may place reasonable restrictions on the withdrawal of cash and on the use of funds for purposes that are contrary to the public interest. Cash withdrawals shall be limited to fifteen percent of the account balance or one thousand five hundred dollars, whichever is less. Citizens may deposit or redeposit funds into their UShare accounts up to the maximum amount at any time. UShare accounts shall be subject to valid government claims for unpaid taxes and reimbursements, creditor claims ordered by a court of proper jurisdiction, and HCC minimum payments as described in Article III, Section 12 (3).
Section 8—Taxation. (1) All income received by persons and entities in the United States shall be taxed at fifty percent, including: wages, salaries and other compensation; dividends and profits received by individuals, corporations and other entities; and investment income from interest and the increase in value of assets, contracts and their derivatives, to the extent that any interest or increase in value exceeds an adjustment for the change in domestic money value, as reflected in a general price index to be determined and published by the government. Real capital gains may be offset by real capital losses by the same taxpayer, and shall be taxed as accrued, except that the taxation of gains in the real value of land and improvements used as the principal residence of a taxpayer shall be deferred until sale. All taxes shall be based on total receipts of value, whether a benefit is received directly or indirectly. Gratuitous contributions or gifts received by charitable organizations that are not in exchange for any goods, services or improvements may be excluded from the income of the recipient.
(2) Taxes on the income of corporations and other business entities shall be based on the flow of cash receipts and expenditures during the tax year, with deductions for all necessary and customary operating and capital expenses, as paid in the ordinary course of business. All profits shall be taxed at fifty percent, whether distributed or retained, but distributions in the form of cash dividends may be deducted by a corporation or other taxable entity and shall be taxable only to the beneficial recipient. The purchase by a corporation or other taxable entity of shares of ownership in itself shall not be considered a dividend and shall not be deductible from taxable income. The purchase by a corporation or other taxable entity of an ownership interest in another business shall be deductible as paid, to the extent of the fair market value of the tangible assets included in the sale. Interest payments on debt incurred in the ordinary course of business may be deducted. No persons, corporations, or other entities shall be exempt from taxation.
(3) The ownership or other license to use and enjoy the benefits of land and the improvements thereon may be taxed at a maximum rate of one percent per year of the fair market value of real estate used as the principal residence of a taxpayer; or two percent per year of the fair market value of all other land and improvements. Other rights in natural resources granted and protected by government, including air, sea, and other water rights and licenses, may be subject to a commercially reasonable tax. Taxes may also be assessed on the value of sales of ownership or licenses in real estate and other rights to natural resources, shares of corporations and other business entities, bonds, loans, securities, contracts, derivatives and other financial transactions. Such transfer taxes on asset sales shall not exceed one percent of the sale price of the asset sold. Other taxes on commercial activities may be assessed if commercially reasonable.
(4) Citizens and residents of the United States, and others whose ownership of assets is protected and enforced by the government of the United States, shall pay an excess wealth tax on the value of all assets in excess of a multiple of one hundred times the per capita amount of all final goods, services and improvements actually produced annually in the United States (the exempt amount). All married couples shall be deemed to own one-half of the total assets owned by both, and other joint owners of assets shall be deemed to own an equal share of the total value, unless in either case there is an agreement otherwise. Taxes shall be no more than one percent per year of the amount in excess of the exempt amount up to twice the exempt amount, two percent of the third multiple of the exempt amount, three percent of the fourth multiple, and the same progression shall apply up to ten percent per year of the value of all assets in excess of ten times the exempt amount (one thousand times the per capita production).
(5) Upon the death of a person subject to taxation by the government of the United States, a tax shall be assessed against the estate of the decedent if the value of all assets owned, net of liabilities owed, is greater than the exempt amount of one hundred times the per capita amount of all goods, services and improvements actually produced annually in the United States. The tax shall be fifty percent of the amount by which the net worth of the estate exceeds the exempt amount. The law may allow payment of the tax to be deferred in whole or in part if immediate payment would necessitate the sale of a private business that remains primarily owned and operated by the family of the decedent. Such deferred amounts shall accrue interest at a rate to be established by law.
(6) Every person subject to taxation by the government of the United States shall pay taxes on all gifts and gratuitous transfers of value granted to others that exceed a lifetime limit of the exempt amount previously defined, excluding charitable gifts. The tax shall be fifty percent of all gifts and transfers after a person has given or transferred the exempt amount during their lifetime, as calculated at the time of each transaction. All taxes under this provision shall be payable by the donor, but may be assessed against the recipient if the tax cannot be collected from the donor. Gifts and transfers to charitable organizations shall not be taxed and shall not be included in the lifetime exemption. To qualify as a charitable organization for this purpose, an entity must receive at least three-quarters of its total receipts from gifts and gratuitous donations, and spend at least three-quarters of its total expenditures on goods, services and grants that are provided to assist others in need, without receiving any compensation in return.
(7) The taxes collected pursuant to paragraphs (1) and (2) of this section, from the income of persons, corporations, and other taxable entities, shall be applied first toward payment of all the expenses of operating government to produce the public goods, services and improvements authorized by this Constitution; and then to the distributions required pursuant to Article III, Section 7 (1) and (2) above, including the educational distributions referenced therein and further described in Article III, Section 14 (4). The taxes collected pursuant to paragraphs (3), (4), (5) and (6) of this section, from the ownership, sale, and transfer of rights to natural resources, labor value, and derivatives thereof, shall be applied to pay for outstanding health care obligations, special needs distributions, interest and principal on government debt, foreign assistance payments, and other public expenses.
(8) All residents shall retain one-half of their income and return the other half to the common domain, without exemptions, exclusions, credits, or deductions of any kind, except as described in paragraph (9) below. The one-half of economic production that is returned to the government on behalf of all citizens shall be redistributed in pro rata equal shares, after payment of the costs of government. The privileges of holding exclusive rights to land and other natural resources, of trading contractual rights to these and other things of value, and of accumulating disproportionate wealth, are benefits derived from the use of common resources, cumulative ancestral knowledge, and protection of the rule of law, by consent of the people, and shall be taxed accordingly. The distributions required by Article III, Section 7 (1) and (2) are intended to provide all citizens with their natural share of the productive improvement of natural resources and the value of accumulated knowledge. These distributions shall be the exclusive government benefit transfers, except for health care expenses and other special needs essential to a minimum quality of life that cannot be paid or reimbursed by the recipients.
(9) Non-citizens shall not be entitled to UShare distributions described in Article III, Section 7 (1) and (2), HCC accounts described in Article III, Section 12 (2), or portable education grants described in Article III, Section 14 (4), and shall pay the fifty percent tax on all income. RARs shall be entitled to deduct from income before taxation all health care expenses paid in accordance with the requirements of Article III, Section 12 (2), and all educational expenses paid to a licensed education provider in accordance with Article III, Section 14. RURs shall be entitled to deduct such expenses from taxable income only after five years from accepted registration.
Section 9—Domestic Security. (1) The laws shall protect people against homicide, violence, abuse, coercion, and the threat thereof; and shall penalize those found guilty of violation of such laws, or attempting or conspiring to perpetrate a violation thereof. The penalties for violations shall be stated in the laws with reasonable specificity, and may include incarceration for any number of years or for the life of the offender. The penalty of death may be prescribed for the most egregious and heinous violations, but only if the law is ratified by sixty percent of the vote in a national referendum. Cruel and abusive punishment is prohibited.
(2) The laws shall establish a uniform system of criminal justice throughout the nation, including rules and procedures for investigations, searches, seizures, arrests, detentions, interrogations, bail, trials, sentencing, and appeals. A national system of prisons and jails shall be implemented, sufficient to safely incarcerate all persons convicted and sentenced to imprisonment and those detained pending trial. Procedures for criminal trials shall expedite verdicts and promote the truth by requiring the admission and consideration of all relevant and available evidence. Relevant evidence shall not be excluded from admission and consideration because of the manner in which it was obtained. All persons accused of a crime punishable by incarceration shall have the right to legal counsel and trial by jury unless knowingly and willingly waived. All juries shall be comprised of citizens of sound mind and good character over the age of independence, and shall be adequately compensated for their service. No person shall be required to serve on a jury.
Section 10—Foreign Security. (1) The laws shall protect the nation against attacks, violent acts, and other threats to the security of the people from foreign nations or groups, by establishing and maintaining the military, diplomatic, and information-gathering capabilities necessary to prevent such harm. All active and reserve service personnel, including army, navy, airpower, intelligence, and special forces, shall be organized within a unified chain of command under the vice president of international relations, who shall report to the president as commander in chief. All weapons, equipment, research, and technology developed and maintained for these purposes shall be secured and safeguarded to preclude unauthorized use or expropriation.
(2) The use of force against a foreign nation, group, or other persons shall only be exercised under orders from the president as commander in chief, and only if approved by a majority vote of the military council described in Article IV, Section 2 (9). Only military personnel who have voluntarily agreed to be assigned to combat may be required to serve in such operations, unless conscription is approved in accordance herewith. No person shall be required to serve in the military forces unless conscription is approved by sixty percent of the vote in a national referendum. Any conscription so approved shall be limited to two years from the date of approval unless extended in the same manner, and shall be applied equally to all citizens without exemption or deferment for any reason except age or incapacity. Only citizens who have reached the age of independence may serve in the military forces, either voluntarily or by conscription.
Section 11—Public Safety. (1) The laws shall establish and implement a national capability to safeguard the public, consisting of police to protect people and enforce the laws; an emergency response system to extinguish fires and provide other emergency assistance; a disaster management program to avoid or mitigate damage and distress caused by extreme weather forces and other destructive events; and a national network of community health centers capable of providing public health services and basic preventative care as described in Section 12 (1) below.
(2) The laws may restrict certain activities and regulate behaviors that are inherently dangerous, to the extent that such activity or behavior constitutes an unreasonable risk to others or an unreasonable cost to society. Penalties for violations shall be limited to civil assessment of money damages and court orders of restraint, except if a violation is part of a reckless pattern or in contradiction of such a court order, in which case those found guilty after trial may be subject to incarceration. Persons found guilty of influencing others to violate these laws by selling illegal products or otherwise inducing violations may be subject to penalties of incarceration.
Section 12—Health Care. (1) The laws shall protect against harm from adverse health conditions, as reasonably practicable. A national capability shall be established to improve and protect public health, including research and dissemination of information regarding major health risks, impeding the spread of communicable diseases, delivering proven immunizations, and abating preventable medical conditions. A national system of coordinated public health centers and research facilities shall be established and operated by government, to conveniently and effectively meet these communal needs. When determined to be in the public interest, the law may require periodic health screenings and examinations as a condition of receiving the full UShare distributions described in Article III, Section 7 (1) and (2). Screenings and examinations shall be performed in the most cost-effective and convenient manner, consistent with the best medical practices.
(2) All persons shall be responsible for payment of individual health care and related support services properly performed, but only if (i) an accurate description of the services and products to be provided and their estimated costs was acknowledged in writing by the recipient, or (ii) the services were necessary in response to an unforeseen emergency and the charges are reasonable and customary. All UShare banks established in accordance with Article III, Section 7 (3) shall provide and administer HCC accounts on behalf of all UShare depositors. Adult citizens shall be entitled to maintain active HCC accounts at their UShare banks, without regard to credit worthiness. No adult citizen shall be denied unlimited health care credit by a sponsoring bank for any reason. Health care expenses may be charged against an HCC account when requested by the recipient; a licensed health care provider must certify that the charges were for necessary and reasonable services and products, and otherwise meet these requirements.
(3) Outstanding HCC balances shall accrue interest at a prime rate to be established by the central bank from time to time. HCC balances may be repaid at any time by the recipient and shall be repaid monthly in the amount of the minimum affordable payment. The minimum affordable payment is defined as ten percent of a recipient’s net income (after income taxes and UShare distributions) up to the per capita amount of total domestic production in the United States (pcTDP); plus eleven percent of net income in excess of pcTDP up to twice pcTDP; plus twelve percent of net income within the third multiple of pcTDP; plus thirteen percent of the fourth multiple, and continuing to fifty percent of net income above forty times pcTDP. In addition, fifty percent of the HCC recipient’s net worth greater than ten times and less than twenty times pcTDP, plus one hundred percent of net worth over twenty times pcTDP, shall be applied toward payment of HCC balances.
(4) For purposes of repayment of HCC balances, each married citizen shall be deemed to receive one-half the combined after-tax income of both spouses, and to own one-half their combined net worth. Necessary and reasonable health care expenses of children under the age of twenty-one may be charged to the HCC accounts of their parents or guardians. All unpaid balances of HCC accounts shall become automatic liens against the estates of deceased recipients. Fifty percent of the net estate value up to the exempt amount (as defined in Article III, Section 8 (4)) shall be payable toward any outstanding HCC balance. One hundred percent of the net estate value over the exempt amount shall be payable toward any remaining HCC balance due. Net worth and net estate value are defined as the fair market value of all assets minus total liabilities including taxes due.
(5) All remaining HCC account balances outstanding after settlement of the estate of the recipient shall be paid by the government from public funds. Disputes relating to the provision, payment, and results of health care services, including claims of liability for adverse outcomes, shall be resolved by determination of medical courts, as described in Article IV, Section 4 (7).
Section 13—Children. (1) The laws shall protect children against violence, abuse, and preventable harm by others, including their parents and guardians; require that children be properly supervised and supported until the age of independence; and guarantee that children have the opportunity to be educated to become contributing members of their community. The freedom of children to participate in otherwise lawful activities may be reasonably restricted until the age of independence, which shall be established by law to be no less than eighteen and no more than twenty-one years of age. The delegation of childcare duties by parents to unrelated parties shall not be subsidized or promoted by the government, but the safety of children placed in the care of others shall be protected.
(2) The laws shall establish a national system of consistent, competent, and attentive care for all children who are inadequately supported, supervised, or protected by their parents or legal guardians. No child shall be placed in the custody and care of a person unless that person has demonstrated the capacity and motivation to support, supervise, and protect the child; and no children shall remain in the custody and care of any persons who have not adequately supported, supervised, or protected any child entrusted to them.
Section 14—Education. (1) The laws shall require that all children be enrolled in a full-time qualified education program prior to the age of six years and remain enrolled in such a program at least until the age of eighteen years. A full-time program shall be a minimum participation of thirty hours per week during at least forty weeks per year. Total hours of instruction annually shall be no less than twelve hundred and no more than eighteen hundred hours. School sessions (i.e., classes) for children sixteen years old and younger shall not begin before 8:00 am or end after 5:00 pm. Every qualified education program shall comply with minimum standards of safety, teaching, and accountability.
(2) The laws shall require that qualified education programs provide a safe, secure environment for each student, and be free from violence, hostility, and other dangers. Students shall be admitted on an open admission basis. If applications for new enrollment are received from a higher number of prospective students than the capacity of available positions, new students shall be selected in the order of applications submitted, without consideration of race, ethnicity, lineage, income level, or academic potential. Qualified educators shall not administer, require, or review any testing of prospective students prior to acceptance and enrollment. Non-citizen prospective students shall not be admitted until all pending citizen student applicants have been admitted. Students may be assigned to different groups within a program on the basis of their level of learning. Students who are dangerous or disruptive to others may be removed from a program. All qualified educators shall disclose all information relevant to performance and results, including personnel qualifications, student test results, and curriculum.
(3) The laws shall require a minimum core curriculum for all qualified education programs, to guarantee every student the opportunity to acquire the knowledge needed to participate effectively in the workforce and the democratic process. The curriculum shall emphasize written and verbal comprehension and communication of the English language, basic mathematical skills, and substantive knowledge of practical value. Each student must achieve proficiency in the core competencies prior to instruction in other subjects. Students shall not be taught to accept as true any religious doctrines, political ideologies, historical opinions, scientific hypotheses, or other teachings that are not based upon substantiated facts. Licensed educators, their agents, and employees, shall not engage in political advocacy, incite violence or other unlawful conduct, or otherwise tolerate illegal activities. Employee unions shall not be recognized; collective bargaining of employment contracts, work stoppages, picketing, and other employment disruptions that diminish the quality of education shall be prohibited.
(4) Parents and guardians may enroll their children in any available education program offered by a licensed, qualified educator. Each child who is a citizen shall be entitled to a portable education grant, for up to sixteen years of full-time education, from the ages of five years to twenty-one years. Unused education grants shall be forfeited. The annual grant amount shall be established by law, to be equivalent to the reasonable cost of primary and secondary education in the nation, not to exceed three-quarters of the annual distributions defined in Article III, Section 7 (1). The amount of the grant shall be the same for all children, and shall be paid directly to the selected licensed education provider. No other fees or charges shall be collected by licensed education providers. The costs of computers, books, transportation, meals, physical activities, and other ancillary services shall be included in the education grants, if provided. Any ancillary services shall be provided in a safe and healthy manner to all students who participate.
(5) Licenses shall be issued by the government to all persons and entities that demonstrate the capacity to comply with these standards, and a license shall remain in effect as long as the qualified education program is in compliance. No other license shall be required, and no restrictions shall be imposed by law, as a condition of any person being employed by a licensed qualified educator, except to ensure the safety of children. There shall be no limitations on the number of licenses issued. No license shall be sold, assigned, or otherwise transferred. Education services shall not be provided by the government, its agents or employees, except to the extent that the educational needs of all children are not adequately served by private qualified education programs.
Article IV
Organization
Section 1—Introduction. There shall be one unified government, replacing all other governments previously existing in the United States. It shall be organized into four independent branches by function, and dedicated to exercising the foregoing powers on behalf of the people, in the most effective and least costly manner. The branches shall perform legislative, executive, judicial, and oversight functions. For operational and jurisdictional purposes, the nation shall contain five regions consisting of ten states in each region, and all states shall be comprised of ten municipalities. The boundaries of all municipalities, states, and regions shall be based on comparable population counts and expedient geographic borders, and shall be redetermined every ten years.
Section 2—The Legislative Branch. (1) The legislative branch of government shall draft, debate, finalize, and approve laws in compliance with this Constitution, to be applied impartially and uniformly throughout the nation. There shall be ten Houses of Representatives, each of which shall draft, debate, and finalize legislation only within their respective exclusive subject areas:
(i) Foreign relations, including military, intelligence, and diplomatic activities;
(ii) Domestic security, including criminal laws, policing, and incarceration;
(iii) Health and safety, including public health and emergency response;
(iv) Childhood development, including education, custody, and adoption;
(v) Natural resources, including land, air, water, and environmental management;
(vi) Fiscal management, including revenue collection, spending, and distributions;
(vii) Labor and property, including business regulation, and intellectual property;
(viii) Financial, including monetary policy, banking, insurance, and investments;
(ix) Infrastructure, including transportation, communication, energy, and water;
(x) Community planning, including land use, waste disposal, and recycling.
(2) There shall be one hundred representatives in each House, consisting of two from each state of the nation. The ten Houses of Representatives shall meet and conduct their business in separate locations, with two in every region. The debates and votes of the Houses shall be open to the public, unless confidentiality is necessary for national security or otherwise in the public interest. When a final version of legislation is approved by a majority of votes cast at a duly called session of the appropriate House, it shall be passed. No quorum shall be necessary, and votes may be cast by any verifiable means. After legislation is passed by a House of Representatives, it shall be transmitted to the Senate forthwith for review and consideration, along with an assessment of the need for the legislation and a dissenting opinion.
(3) There shall be one Senate consisting of ninety senators, nine from each of ten senatorial constituencies. Every region shall contain two constituencies comprised of five states each. The Senate shall elect a chairperson by majority vote, who shall serve in that capacity until removal from office or until a successor is duly elected. Approval of annual fiscal plans and confirmation of appointments shall require a majority vote of the Senate, with a quorum of seventy-two senators being necessary. Approval of legislation, approval of treaties, and impeachment of public officials shall require a vote of fifty-four senators, with no quorum being necessary. All votes may be cast by any verifiable means.
(4) Upon receipt of proposed legislation after passage by one of the Houses of Representatives, the Senate shall duly consider and debate the merits thereof. All debates shall be open to the public, unless confidentiality is necessary for national security or otherwise in the public interest. No legislation shall be initiated by or originate in the Senate. No legislation received for consideration shall be amended, supplemented, or modified by the Senate. The Senate shall only approve and enact legislation that is concise and comprehensible, and that is in accordance with the powers granted in Article III. A senator may vote for enactment at any time after receipt of proposed legislation, and may rescind any vote until legislation is enacted. Legislation shall be enacted when there are fifty-four current votes in favor of enactment. If proposed legislation fails to be enacted within sixty days of receipt by the Senate, it shall be deemed to be rejected. After legislation is enacted by the Senate, it shall be transmitted to the Constitutional Review Court forthwith, pursuant to Article IV, Section 4 (2).
(5) All treaties and agreements between the United States and foreign nations, groups or entities, shall be of no effect until approved by the Senate in accordance herewith. Upon receipt of a proposed treaty or agreement by the Senate, it shall be considered and debated openly, unless confidentiality is necessary for national security or otherwise in the public interest. The Senate shall only approve treaties and agreements that are consistent with the terms of this Constitution, and are in the best interests of the people of this nation. All treaties and international agreements shall be made subject to termination upon reasonable notice to the other parties thereto, by vote of fifty-four senators. A senator may vote for approval of a proposed treaty or agreement at any time after receipt by the Senate, and may rescind any vote until fully approved. The treaty or agreement shall be approved when there are fifty-four votes in force for approval. After a treaty or international agreement is approved by the Senate, it shall be transmitted to the Constitutional Review Court forthwith, pursuant to Article IV, Section 4 (2).
(6) All branches of government shall submit to the Senate their operating and capital budgets for each calendar year from January 1 through December 31, which shall be the fiscal year, at least four months prior to the beginning of each year. The executive branch shall submit its budget six months prior to the beginning of the fiscal year, and it shall include all projected taxes and other revenues, operating and capital expenses, UShare distributions including educational disbursements, health care expenditures and reimbursements, and other projected receipts and outlays. The Senate shall reconcile and combine the budgets into a comprehensive annual fiscal plan prior to November 30 of each year, which shall be authorized by majority vote. If the Senate fails to authorize a fiscal plan for the next year before December 31, all government expenditures shall be limited to amounts authorized in the prior year, until a new authorization is approved.
(7) Appointments of certain judges, described in Article V, Section 4 (1), are subject to confirmation by a majority vote of the Senate. If an appointment is rejected by a majority of votes cast, the appointment shall terminate unless approved by a re-vote within fourteen days. If an appointment is approved by a majority of votes cast, or if the Senate fails to conduct a confirmation vote within sixty days of receiving notice of the appointment, the appointee shall be deemed confirmed, without further recourse.
(8) Upon a motion approved by forty-five senators, the Senate shall hear evidence concerning the impeachment of any employee, contractor, or representative of the government, whether elected or otherwise retained. All relevant and available evidence shall be heard, to determine if there is a reasonable probability that cause for removal from office exists. Cause for removal by impeachment and conviction shall be fraud, corruption, dereliction of duty, treason, criminal activity, or any other violation of the oath of office. If fifty-four senators vote that there is a reasonable probability that cause for removal exists, the accused shall be impeached and the case shall be submitted to the National Trial Court for trial.
(9) The Senate shall elect from among its members seven senators to constitute a military council. Members of the council shall remain in that position until they resign, are removed from office, or are removed from the council by a majority vote of the Senate. Whenever there is a vacancy on the council, or a member thereof is unable to perform the necessary duties, an interim or permanent replacement shall be elected by the Senate within ten days. The military council shall consult and advise the president of the United States on matters relating to foreign affairs and particularly any threats to the nation. They shall be briefed at the highest level by military and intelligence leaders. No use of force or military action shall be commenced against foreign nations, groups, or persons without the consent of at least four members of the military council, except in the event of imminent attack when such a vote is not possible. A military action or other use of force commenced in accordance with this paragraph may nevertheless be terminated by a vote of fifty-four senators at any time.
Section 3—The Executive Branch. (1) The executive branch shall faithfully enforce, execute, and administer all laws duly enacted and in effect throughout the nation. The chief executive officer shall be the president, who shall also be the commander in chief of all military forces. The president shall be the head of state and the chief executive of all operating divisions of the executive branch. There shall be four vice presidents, who shall be the chief operating officers of the four divisions of the executive branch. The president and vice presidents shall execute the laws of the land without prejudice or partisanship. Each vice president shall be responsible for a division of government:
(2) The vice president of international relations shall be responsible for the division that includes military forces, intelligence activities, diplomatic relations, border control, foreign aid, treaty negotiations, and trade agreements.
(3) The vice president of public services shall be responsible for the division that provides for domestic security, safety, health, transportation, and communication, including police, prisons, emergency response, disaster relief, public health, children’s services, and any public transportation, communication, and infrastructure services.
(4) The vice president of resource management shall be responsible for the division that manages public land, other public natural resources, and their improvements; and that enforces necessary regulation of (i) private ownership and licensing of natural resources and their improvements, and (ii) business activities that impact the safety and health of the public and the condition of the environment.
(5) The vice president of financial systems shall be responsible for the division that manages the supply of money and the banking reserve system; approves and regulates banking, insurance, and investments; and collects revenues, pays expenses, borrows, and invests on behalf of government and the people. The vice president of financial systems shall oversee the reserve banking system as the chairman of the American Central Bank (ACB).
(6) To the extent consistent with efficient, cost-effective, and uniform quality of service, the management and delivery of government services shall be decentralized and responsive to local needs and special circumstances. All government employees and contractors shall serve the people, and shall be subject to recall as described in Article V, Section 7 (3) and (4).
Section 4—The Judicial Branch. (1) The judicial branch shall adjudicate cases and controversies in accordance with this Constitution and the laws duly enacted pursuant hereto; and shall interpret and apply the Constitution and laws impartially, uniformly, and diligently. No judge shall question the validity or enforceability of any law duly enacted after review by the Constitutional Review Court, nor impose any obligations that are not authorized by the Constitution and laws. The chief judicial officer shall be the chief executive of the judicial branch, and shall be responsible for the efficient operation of the court system and the expeditious administration of justice.
(2) A Constitutional Review Court shall be established to review all laws enacted and treaties approved by the Senate, and to confirm that they are authorized by this Constitution before becoming effective. If a law or any part thereof is determined to contradict any provision of this Constitution or to exceed the powers delegated in Article III, a preliminary finding of unconstitutionality shall be issued. If no such finding is issued within ninety days of receipt of the enacted law, or if a statement of constitutional compliance is issued by the Court, the law shall become effective and shall not be challenged thereafter. If a preliminary finding of non-compliance is issued, a public hearing shall be held within forty-five days thereof.
(3) At a public hearing on the constitutionality of legislation, the Senate and the originating House shall present evidence and arguments in favor of its constitutionality and other parties may present arguments against. The Court shall be required to render a final decision of constitutional compliance or non-compliance within forty-five days of the hearing. If a final determination of constitutionality is issued, or if no decision is issued within forty-five days of the hearing, the legislation shall become effective law and shall not be challenged thereafter.
(4) If a ruling of unconstitutionality is issued by the Court after the hearing, the applicable provisions shall be null and void. A declaration that a law is unconstitutional shall be accompanied by a judicial opinion explaining the reasons for the decision. After legislation is ruled unconstitutional, it may be authorized by a national referendum at the next general election, if it is approved in its entirety by a sixty percent vote and at least sixty percent of registered voters participate. A referendum of approval shall be placed on the ballot if affirmatively requested by at least twenty percent of all registered voters, as evidenced by verified written or electronic signatures.
(5) A National Trial Court shall be established, and shall have original jurisdiction of trials for removal of persons from office or association with the government, upon impeachment by the Senate; and of all cases and controversies in which the issue or claim is of national or international importance, including those that involve the interpretation or application of a treaty or other international agreement, or in which the United States government or its representative is a party, or in which a foreign government or its representative is a party. The National Trial Court shall determine if a case is of national or international importance, either at the time of a request for original jurisdiction or upon a petition for removal from a lower court.
(6) A Final Appellate Court shall be established and shall be the final court of appeal for all cases and controversies within the judicial branch, except the decisions of the National Trial Court. The Final Appellate Court shall consider appeals from the decisions of the regional courts of appeal, and shall hear only those cases which present a common misinterpretation or misapplication of the law. The Court may affirm or reverse, in whole or in part, a decision of a regional appeals court; and may remand a case for further consideration or a new trial. The decisions of the Final Appellate Court and the regional appeals courts shall not impose any affirmative obligations, prohibitions, or other legal requirements except as to the specific parties to the case or controversy decided.
(7) There shall be five divisions of the judicial branch. Criminal courts shall conduct trials, hearings, and appeals of prosecutions for violations of law that are punishable by incarceration, or death if authorized by referendum, or other violations defined by law as criminal. Family courts shall conduct trials, hearings, and appeals of cases concerning child custody, education, welfare, and support; controversies regarding marriage, divorce, and other family issues; and guardianships, conservatorships, and family trusts. Commercial courts shall conduct trials, hearings, and appeals of cases and controversies resulting from business transactions, consumer purchases, contracts, investments, and other commercial activity. Medical courts shall conduct trials, hearings, and appeals of all cases and controversies regarding payments for health care services and goods, adverse outcomes, and other claims related to health care. Civil courts shall conduct trials, hearings, and appeals of all other civil cases, including non-medical personal injury claims, property disputes, probating of estates, and general litigation.
(8) In cases without juries, the facts shall be determined by the judges and the applicable laws shall be applied to the facts by the judges. In criminal cases with juries, the facts shall be determined by the juries and the applicable laws shall be applied to the facts by the judges. In all cases, judges shall decide verdicts by applying the laws to the facts, and shall determine sentences and orders of performance, compensation, and other damage awards, in accordance with the laws. In the event of a conflict between provisions of laws, the most recent provision shall apply. Trial courts and judges of each division shall be located within states and communities as needed to facilitate the expedient administration of justice.
(9) Regional courts of appeals for each division shall be located within regions as needed to hear all appeals that satisfy the conditions for appeal. Appeals shall be accepted for hearing if requested within a reasonable time and if there is a reasonable probability of cause to invalidate the verdict, sentence, order, or award. Such cause is limited to cases in which (i) the evidence lawfully introduced during trial does not support the finding of sufficient facts; (ii) the court erred in the interpretation or application of law to the facts; or, (iii) a judge or member of a jury acted in bad faith. A regional court of appeals may affirm or reverse, in whole or in part, a decision of a trial court, and may remand a case for further consideration or a new trial, in accordance with applicable laws.
(10) The chief judicial officer, the senior operating officers for each division, and the other operating employees and contractors of the judicial branch shall manage and administer the functions of the judicial branch in a professional and cost-effective manner. No acting judge shall participate in management or administration, and no manager or administrator shall be under the authority of an acting judge.
Section 5—The Oversight Branch. (1) The oversight branch shall independently analyze the performance of government; audit the financial accounting and projections of government; publish its findings and other valuable information; ensure open, fair, and honest elections; and otherwise protect the interests of the people. The director of oversight shall be the chief executive officer of the oversight branch, and shall be responsible for the efficient operation of the oversight functions. There shall be four divisions of the oversight branch.
(2) The compliance division shall examine, inspect, and investigate all government functions to ensure compliance with the Constitution and the laws enacted pursuant hereto. The division shall have the power to subpoena records and testimony, conduct investigations and hearings, and obtain access to all information necessary and relevant to its inquiries. The division shall report all evidence of non-performance, breaches of ethics, violations of law, and other measurements of performance to the Senate. All evidence of possible criminal activities shall be reported to the applicable prosecutorial departments of the government. All results of examinations, inspections, investigations, and hearings shall be made public, unless confidentiality is reasonably required for national security or to protect innocent persons from harmful and unproven disclosures.
(3) The audit division shall review and analyze all financial information of the government, statistical indicators of the national economy, and the budgetary impact of proposed and enacted legislation. The division shall ensure the accuracy and consistency of current fiscal reporting; and make projections of future economic conditions and the receipts, outlays, and debt of government, for a minimum of ten years. The division shall project the estimated revenues to be collected and expenses to be incurred by government as a result of the implementation of each proposed law that is passed by a House of Representatives, which projection analysis shall be submitted to the Senate within twenty days of receipt of the legislation by the Senate. The audit division of the oversight branch shall rely on recent trends and reasonable assumptions of future conditions to prepare projections, and shall disclose when such assumptions differ from existing law or anticipate the renewal of an expiring law.
(4) The information division shall collect, organize, and publish a comprehensive database of government information and reliable facts and figures. All information shall be published expeditiously in the most organized, accessible, and easily searchable format, and shall include: this Constitution, as it may be amended, and all effective laws, regulations, and legal requirements enacted pursuant hereto; all reports and publications of the divisions of the branches and all government offices; historical, current, and future estimates of all fiscal and monetary data of government, including assets, liabilities, receipts, and outlays; comprehensive statistics regarding economic activity, labor capacity, productivity, population characteristics, and social developments; and other information that is relevant and in the public interest. The national database of the information division of the oversight branch shall be the exclusive, official government source of important, timely and objective information.
(5) The information division shall operate channels for communication of public information, presented via video, audio, and text, accessible by all citizens. The channels shall disseminate clear, factual, and unbiased information and explanations of current issues of public interest and government activities. The most effective mediums of communication shall be utilized, including television, radio, internet, and print. During election campaigns, all qualified ballot candidates shall be allowed equal time to present their experience, positions, opinions, and other qualifications to the applicable electorate, but no candidate shall use the free public channels to disparage or make representations about any other candidate.
(6) The election division shall coordinate, administer, and record all election activity in the nation, in accordance with this Constitution and the laws enacted pursuant hereto. The division shall administer and maintain a complete registry of voters by legal name, age, and principle residence; and shall establish and manage a voting system that is convenient, reliable, secure, and uniform throughout the United States. The division shall enforce the prerequisites for candidates to be eligible to appear on election ballots; and shall enforce all campaign requirements, including contribution and spending limitations, disclosures, and public dissemination of information. The division shall have the power to enjoin unlawful activities and to order financial penalties for violations in connection with campaigns and elections, subject to appeal to a court of proper jurisdiction. The election division shall have the power to disqualify candidates from the ballot and to certify the results of all elections.
Article V
Personnel
Section 1—Qualifications for Elected Office. (1) The president of the United States, vice president of public services, vice president of resource management, chief judicial officer, director of oversight, all representatives, and all senators shall be elected by the citizens who are registered to vote in their respective constituencies. No person shall be qualified for any elected position who shall not have been both a citizen and a resident of the United States continuously for the ten years preceding the final election. No person shall be qualified for president who shall not have attained, at the time of the final election, the age of forty-five years; or forty years for a vice president, chief judicial officer, director of oversight and senator; or thirty-five years for a representative. A person shall not be qualified for elected office if they have attained the age of seventy-five years or older at the time of the final election. To be eligible for any elected position, a person qualified by age, residency, and citizenship shall abide by the requirements in the following sections, and in the oath described herein.
(2) A candidate for elected office shall file an application for ballot approval with the election division of the oversight branch. All information in the application shall be true and complete, and shall include: legal name, principal residences for ten years, date and place of birth, date of citizenship, record of criminal convictions, affiliations with political parties, and other relevant personal information reasonably required under the laws. No person who shall have been convicted of a violation of criminal law shall be qualified for any elected office until five years after completion of the penalty therefor. No person who is affiliated with a political party or comparable advocacy group at the time of application shall be qualified to be president, a vice president, chief judicial officer, or director of oversight. The application for ballot approval shall contain a certification that all information provided therein is true and complete, shall contain the oath described below, and shall be signed under the pains and penalties of perjury.
(3) At the time of application for ballot approval, and again prior to taking office if elected, all candidates shall state and sign the following oath:
“I, [legal name], do solemnly swear that I shall faithfully perform the duties of my office; and shall obey and support the Constitution of the United States and the laws enacted pursuant thereto; and shall honor the truth, protect freedom, and defend the United States of America to the best of my ability. I certify that I have read, understand, and will comply with all requirements applicable to candidates for elected office; and that all information provided to the election division and otherwise disseminated by me in public is and shall be true and accurate to the best of my knowledge and belief.”
(4) No person shall be certified as an eligible candidate for elected office and approved to be listed on an election ballot who has not satisfied all of the preceding conditions and submitted seven statements of recommendation. Each statement of recommendation shall be signed by a registered voter who is not a first degree relative or an employment subordinate of the candidate. The recommendation shall state that the signer “is a registered voter, is familiar with the applicant, knows the applicant to be of good character and sound mind, and knows of no reason why the applicant would not be willing and able to serve in the office faithfully and effectively.” All ballot prerequisites shall be completed at least ninety but not more than one hundred and fifty days prior to the date of the preliminary election, whereupon the election division shall certify a qualifying applicant as a candidate for the applicable office.
Section 2—Campaign Requirements. (1) Only certified candidates shall appear on the ballot in any election and be eligible to receive votes. Certification may be withdrawn by the election division and a candidate removed from the ballot, at any time, if information disclosed by the candidate is false or if a candidate otherwise fails to comply with any provisions of this Article. In exchange for the civil right to hold elected office candidates agree to waive certain natural freedoms, in order to secure the public benefits of fair, honest elections and competent, independent elected officials. No candidate and no committee, group, or organization representing a candidate, shall accept contributions in money or in kind of more than one thousand dollars per contributor per election. No contributions shall be accepted from any source except adult citizens of the United States who are not government employees, contractors, lobbyists, or others whose compensation is paid by the government or whose occupation involves influencing government actions.
(2) Candidates and their representatives shall not accept contributions from corporations, political parties, labor unions, religions, or other entities or groups; nor from other candidates or their representatives; nor from any person younger than the age of independence; nor from any person who is incarcerated; nor from any person whose contribution has been aggregated with others. A candidate may contribute personal assets to the campaign, subject to the following spending limits. No candidate, including any person or entity acting on behalf of the candidate, shall spend more than an amount equal to one dollar per registered voter in the constituency of the office sought, in each election. No candidate shall contribute, loan, or spend from personal assets more than one-half of such spending limit. All limitations on contributions and expenditures prescribed herein shall apply to each preliminary and final election, and shall include all time periods between elections. Contribution and spending limits shall be adjusted in accordance with a price index determined and published from time to time by the government.
(3) All contributions to candidates or their committees shall be held in segregated accounts, and not commingled with other funds, and shall be used only for purposes directly related to campaign efforts to inform and persuade voters to vote for the candidate. Candidates or their representatives shall file quarterly reports with the election division identifying all contributors of one hundred dollars or more during each reporting period. The reports shall describe the purpose of all campaign expenditures and identify the recipients of any payments of one hundred dollars or more during each reporting period. Total receipts and expenditures shall be reported for each reporting period. Contributions that remain unexpended at the end of a campaign may be used in a subsequent campaign of the same candidate, but shall not affect election spending limitations. When a candidate is not likely to become a candidate for elected office again, all remaining campaign funds shall be remitted to the elections division to offset the public cost of elections.
(4) Candidates and their representatives shall not communicate false or misleading information about other candidates; and shall not endorse, participate, collaborate, or associate with any independent persons, entities, or groups that attempt to affect voting. All persons, entities, or groups that attempt to affect voting shall register with the elections division prior to communicating in public, and shall identify the person or persons who have final authority to approve communications, including the legal name, address, and other contact information of said person or persons. All sources of funding of such persons, entities, or groups shall be disclosed quarterly in statements filed with the elections division. Liability for communicating false and misleading statements shall be in accordance with Article III, Section 4 (1) and (2); and shall extend individually to the person or persons with final authority, as reported to the elections division, irrespective of personal involvement in any particular violation.
Section 3—Elections. (1) There shall be a preliminary election and a final election for every elected office in the United States. Voting in preliminary elections shall commence on September 14 and end on September 21, and voting in final elections shall commence on November 14 and end on November 21, in each year. All citizens who have attained the age of independence, are of sound mind, and are not incarcerated due to conviction of a crime, shall be eligible to vote. Citizens shall register with the elections division by providing their legal name, principal residence, date of birth, and national identification number. The registration and voting processes shall be convenient and secure. All voting shall be conducted by utilizing the most expedient, verifiable, and reliable methods that protect the confidentiality of individual votes. No voter shall be required to disclose any votes, and all individual votes shall remain confidential. The process of registration, voting, and counting of votes shall be uniform throughout the nation.
(2) In every election, the full legal names of all certified candidates for elected office shall be listed on the ballot alphabetically by surname, along with their age and place of principle residence, and no other information. No votes shall be counted, in any election for public office, except those received by the certified candidates listed on the ballot. The election division of the oversight branch shall conduct all elections and affirm the results. All elected candidates shall take office on the first business day in January following the election.
(3) Elections for president, vice presidents, chief judicial officer, and director of oversight shall be conducted contemporaneously every four years, for four-year terms. All voters in the nation may participate in voting for the five national elected offices. In the preliminary elections, voters may cast one vote; the two candidates receiving the highest number of votes in the preliminary election shall be listed on the final election ballot. In the final election, voters may cast one vote and the candidate receiving the highest number of votes shall be elected to the office.
(4) Elections for representatives in the Houses of Representatives shall be conducted every two years, and the term of office shall be four years. Each of the fifty states in the nation shall elect two representatives to each of the ten Houses. Voters in twenty-five states shall elect their two representatives to five of the Houses in each biennial election, while the voters in the other twenty-five states elect their two representatives to the other five Houses contemporaneously; one-half of the representatives in all Houses shall be elected in each biennial election. In preliminary elections, voters may cast two equal votes in each of their five House elections; the four candidates receiving the highest number of votes in the preliminary election in a state for a particular House shall be listed on the final election ballot. In the final election, voters may again cast two equal votes in each of their five House elections, and the two candidates receiving the highest number of votes for each House shall be elected to that House from the state.
(5) Elections for senators shall be conducted every two years, and the term of office shall be six years. There shall be ten constituencies of senators, each consisting of five contiguous states within the same region. Every constituency shall elect three senators in each biennial election: one-third of all senators (thirty) shall be elected in each biennial election. In preliminary elections, voters may cast three equal votes; the six candidates receiving the highest number of votes in each constituency shall be listed on the final election ballot. In the final election, voters may again cast three equal votes, and the three candidates receiving the highest number of votes in each constituency shall be elected.
(6) In the initial election under this Constitution, each state shall elect two representatives to five Houses for a three-year term and two representatives to the other five Houses for a five year term. Half of the states shall elect three-year representatives to the same five Houses that the other half of the states elect five year representatives, and vice versa. In the initial election each of the ten senatorial constituencies shall elect three senators for a four-year term, three senators for a six-year term, and three senators for an eight-year term.
Section 4—Appointments. (1) The vice president of international relations and the vice president of financial systems shall be appointed by the president, subject to review and approval or rejection by the international relations House of Representatives and the financial services House of Representatives, respectively. Judges of the Constitutional Review Court, the Final Appellate Court, and the National Trial Court shall be appointed by the chief judicial officer, subject to review and approval or rejection by the Senate. Upon appointing a person to one of the named offices, the president or chief judicial officer shall promptly notify the applicable reviewing chamber of the appointment, and shall transmit to the chamber all relevant and reliable information regarding the character and qualifications of the appointee, along with an oath signed by the appointee in the form described in Article V, Section 1 (3).
(2) If a majority of the members of the reviewing chamber vote to reject the appointment within sixty days of receipt of notice, the appointment shall be ineffective. If a majority of the members of the reviewing chamber vote to approve the appointment, or if neither rejection nor approval is voted by a majority of members within sixty days of receipt of notice, the appointment shall be effective, without further reconsideration. The president and chief judicial officer shall have the power to remove their appointees, or those of their predecessors, from office at any time. The appointed vice presidents and judges shall serve until resignation or removal by the appointing authority, unless subject to recall or removal by impeachment. When a vacancy occurs in any of these appointed offices, an appointment shall be made within forty-five days; and if an appointment is rejected, another appointment shall be made within thirty days.
Section 5—Other Personnel. (1) All other employees, representatives, and agents of the government shall be hired, engaged, or retained by the managers responsible for their services. All hiring, retention, compensation, promotion, termination, and other employment or engagement shall be based on merit, competition, and free labor principles. No government employees, representatives, or agents shall join a labor union or other collective agreement that limits the right to individual bargaining and personal self-interest in the workplace. No government branch, agency, department, office, or management shall enter into a collective bargaining agreement, collect union dues or fees, or otherwise interfere with the individual labor rights of employees, representatives, or agents. No government employment practices shall discriminate for or against, or otherwise reward or penalize, any person except on the basis of qualifications, performance, and other merit factors. All employees, representatives, and agents of the government shall sign the oath described in Article V, Section 1 (3).
Section 6—Term Limits and Succession. (1) No elected or appointed official shall hold the same position for more than twelve years; except that a person appointed or elected to complete the term of an elected official with less than half the term remaining may serve for twelve years after election to the same office. Upon the death, incapacity, resignation, recall, or the impeachment and removal of the president, the vice president of public services shall succeed to the office of president. If the vice president of public services is unwilling or unable to accept and perform the duties of the presidency, the order of succession shall be the vice president of resource management, the chief judicial officer, and the director of oversight. If none of the named successors are willing and able to accept and perform the duties of the presidency, the Senate shall elect a qualified successor to the president by majority vote. Upon the death, incapacity, resignation, recall, or the impeachment and removal of an elected vice president, the director of oversight, the chief judicial officer, a representative, or a senator, the Senate shall elect a qualified successor by a majority vote.
(2) The Senate shall elect a successor within thirty days of the occurrence of a vacancy, whenever required to do so herein. Incapacity of any elected official shall be deemed a vacancy for purposes of succession, upon an affirmative vote of fifty-four senators that the duties of the office are not being performed adequately due to absence, medical condition, or mental disability. A Senate vote of incapacity is subject to appeal to the National Trial Court. A successor to a vacancy caused by a vote of incapacity shall serve in the position until the elected holder thereof is declared capable to perform the duties, by the National Trial Court after a hearing of the arguments and evidence, or by an affirmative vote of forty-six senators. If the elected holder of the position is not declared capable by the National Trial Court or the Senate within a reasonable time, the successor shall serve until the next special or scheduled election. A special election for any elected office in which a vacancy has occurred shall be conducted if the end of the term is greater than two years from the vacancy. If there remains less than two years in the term from the time of vacancy, the successor shall hold the position until the end of the term.
Section 7—Restrictions and Removal. (1) No person who serves in an elected or appointed capacity, as described in this Article, and no other employee, agent, or representative of the government, shall accept any remuneration or compensation from any person or entity other than the government, during or related to their service to the government, except pension or other payments owed by contract for past services; nor shall any gift, gratuity, or other thing of value be accepted from any person or entity doing business with the government or otherwise having an interest in influencing government actions. No person who has served in an elected or appointed capacity, as described in this Article, shall attempt to influence government actions or accept government contracts, or be engaged in any capacity on behalf of persons or entities doing business with the government or otherwise having an interest in influencing government actions, during the five years following the termination of their government service; and no other former employee, agent, or representative of the government shall engage in such activities for two years following termination.
(2) Violations of the preceding paragraph (1) shall be cause for impeachment and removal, and may be punished by incarceration or other criminal penalties as prescribed by law. Other causes for impeachment and removal shall be treason, fraud, perjury, dereliction of duty, or crimes punishable by incarceration or death. All elected and appointed officials, and all other employees, agents, and representatives of the government, shall be subject to impeachment and removal from office, employment, or association. Upon a motion by a senator and the affirmative vote of a majority of the Senate, impeachment hearings shall be commenced. After hearing, a person shall be impeached if fifty-four senators vote in favor thereof; whereupon the Senate shall submit the case to the National Trial Court. If the National Trial Court determines, after trial, that cause for removal exists, the defendant shall be permanently removed from office, employment, or association.
(3) All elected and appointed officials, and all other employees, agents, and representatives of the government, shall be subject to recall and removal from office, employment, or association, by the people. A petition for removal may be commenced by any registered voter by notice to the oversight branch, which notice shall identify the person who is the subject of the petition and contain other information reasonably required by law. Registered voters may support the petition for removal by written or electronic signatures, which may be withdrawn at any time. A referendum of recall and removal shall be placed on the annual preliminary election ballot of the affected voters, if sixty days prior thereto valid signatures in support of the petition by twenty percent of the registered voters in the affected constituency are current.
(4) Upon initiation, the oversight branch would determine the constituency eligible to vote for removal. If an elected official is the subject of the recall petition, the constituency would be the same as that of the election (e.g. the entire nation for the president, the five-state jurisdiction of a senator; or the single state district of a representative). The national appointed officials (the two vice presidents and the special court judges) would also require a national constituency. The constituency for all other employees and contractors would be based upon the level of their positions and geographic responsibilities (i.e. national, regional, state, or municipal). When a ballot recall is approved by forty percent of the vote in a preliminary election, it shall be placed on the ballot in the final election. If sixty percent of the votes cast in the final election are in favor of a recall and removal petition, the elected or appointed official, employee, agent, or representative who is the subject of the petition shall be immediately removed from office, employment, or association with the government. No person shall be allowed to commence more than one recall petition per year.
Article VI
Amendment
This Constitution may be amended by the affirmative votes of sixty percent of the votes cast in a national referendum in which sixty percent of all registered voters participate. A national referendum on a constitutional amendment shall be scheduled by the election division of the oversight branch if the proposed amendment is supported by twenty percent of all registered voters as evidenced by valid, active written or electronic signatures. The oversight branch shall determine the validity and status of all signatures. All proposed amendments shall be written in clear, concise, and understandable language, and shall not be subject to multiple interpretations or be unduly vague and ambiguous. A proposed amendment shall specify the exact words to be inserted, the exact words to be deleted, and the placement of any insertions and deletions. All proposed amendments to the Constitution shall be submitted to the oversight branch for approval as to form, and shall be rejected if not in conformance with these requirements.
If a proposed amendment to this Constitution is supported by twenty percent of all registered voters, and is approved by the oversight branch as to form, all as prescribed herein, a national referendum shall be placed on all ballots in the next preliminary election that is no less than one hundred and eighty days after the requirements have been satisfied. These time requirements may be waived in an emergency situation, as determined by a vote of fifty-four senators, if there is a reasonable probability that unnecessary harm could be avoided and it is established that the voters will be adequately informed of the arguments for and against the proposed amendment in a reduced time period. If the proposed amendment is approved by at least fifty percent of the votes cast in the preliminary election, it shall be placed on the ballot in the final election. The amendment to the constitution shall become effective if approved by sixty percent of the votes cast in the final election only if sixty percent of all registered voters participate in the referendum.
Article VII
Transition
Upon ratification of this AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES by three-quarters of the states as required, this Constitution shall become the supreme law of the land as provided herein. Within sixty days of said ratification, the president shall appoint a transition task force, consisting of seven qualified executives from the private sector who shall not be members of any political party or advocacy group. The task force shall appoint and manage the necessary committees, boards, and other personnel, which shall employ the most qualified professionals available in the private sector, to help complete the transition required by the provisions of this new Constitution.
The task force shall report to the president and to the people, and shall be charged with the proper implementation of the new programs, facilitating the transition to a unitary government responsive to the needs of its citizens, and a smooth transition of personnel to new public roles and responsibilities, in the most efficient, cost-effective, and compassionate manner practicable, all as required herein.
Elections shall be held in accordance with the constitutional provisions hereof during the next election period which shall be at least eight months after ratification, for all elected positions called for herein. All elected officials shall take office on the first business day of January following the elections, and shall support the implementation of the provisions of this Constitution. The legislative branch shall begin the process of enacting a uniform code of laws that shall replace all prior federal, state, and local laws, regulations, and judicial decrees. Any and all statutory, common, regulatory, and other forms of law preexisting on the date of ratification which have not been replaced, repealed, or revoked by legislative action within the first three years of legislative sessions hereunder shall be null and void on the first day of January beginning the fourth year.
