Who among us understands the unlimited nature of the US government despite the fact the Constitution was written with the intent to not only frame the government but to limit its authority by enumerating only certain defined powers? In other words, it has failed to accomplish one of its primary goals. As Lysander Spooner once wrote "But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.”
With that in mind, it seems we, the American people ought to consider the causes of the problem which is a government of almost limitless power. And once we find those causes to do what we are able to restore the limits on the government that are necessary for maximizing human liberties and freedom. For as things stand, government no longer functions as an instrument for securing our rights but has instead become Santa Clause.
We often equate democratic government with liberty and freedom but in practice, democracy has led us down a path of legalizing plunder and creating injustice. Democratic governance is good for certain tasks but as Professor Leland B. Yeager once wrote "...democracy is not the sort of thing of which more is necessarily better...". The Founders of our country wrote a document which attempted to embody both democratic principle as well as elements which mitigated its worst aspects. They recognized the same truth Professor Yeager observed and created a framework which, over time, has become eroded.
The erosion of their original framework combined with certain flaws that allowed the growth of the size and power of the government are in need of being corrected. One of the flaws must include the combination of the roles of head of state and head of government in the same person, the President. The result is what has now come to be known as an imperial presidency with powers in the hands of presidents which few monarchs ever possessed.
Rather than suggest multiple amendments to the original Constitution, it might be time to consider the alternative solution of rewriting the entire document to incorporate the necessary restrictions on the government and create a framework which does not allow as much power in the hands of the executive as exists now. With that in mind, I propose the following as a complete rewrite of the Constitution:
Revision of the United States Constitution
We, the people of the several states, each state
acting in its sovereign and independent character, in order to form a more
perfect federation of states, establish justice, ensure domestic tranquility
and secure the blessings of liberty to ourselves and our posterity do ordain
and establish this Constitution for the United States of America.
I.
The Legislature
A. All
legislative powers herein delegated shall be vested in a Congress of the United
States, which shall consist of a House of Representatives and a Senate.
B. The
House of Representatives
1. The
House of Representatives shall be composed of members chosen every second year
by the people of the several states, and the electors in each state shall have
the qualifications requisite for electors of the most numerous branch of the state
legislature.
2. No
person shall be a representative who shall not have attained to the age of twenty-five
years and been seven years a citizen of the United States and who shall not,
when elected, be an inhabitant of that state in which he shall be chosen.
3. Representatives
shall be apportioned among the several states which may be included within this
federation, according to their respective numbers. The actual enumeration shall
be made every subsequent term of ten years, in such manner as Congress shall by
law direct. Each state shall have at least three Representatives; and until
such enumeration shall be made, shall be apportioned in accordance with the
most recent census.
4. No
state shall create a legislative district with fewer than three
Representatives. Representatives shall be chosen in accordance with the
principles of proportional representation.
5. When
vacancies happen in the representation from any state, the executive authority
thereof shall issue writs of election to fill such vacancies maintaining the
electoral percentages of the most recent election and in accordance with the
principles of proportional representation.
6. The
House of Representatives shall choose their speaker and other officers; and
shall have the sole power of impeachment.
C. The
Senate
1. The
Senate of the United States shall be composed of three Senators from each state,
chosen by the legislature thereof, for six years, with a power reserved to a two-thirds majority of each
legislature to recall its Senators, or any of them; and each state shall
have one vote in the Senate except in trials of impeachment when each Senator
shall have one vote.
2. Immediately
after they shall be assembled in consequence of the first election, they shall
be divided equally into three classes, each class composed of one member of
each state delegation so that one third may be chosen every second year; and if
vacancies happen by resignation or otherwise, during the recess of the legislature
of any state, the executive thereof may make temporary appointments until the
next meeting of the legislature, which shall then fill such vacancies.
3. No
person shall be a Senator who shall not have attained to the age of thirty years,
and been nine years a citizen of the United States and who shall not, when
elected, be an inhabitant of that state for which he shall be chosen.
4. The
President of the Senate shall have no vote, unless they be equally divided.
5. The
President of the Senate shall be chosen by the executive authorities of the
several states before noon on the third day of January in the years in which a
new class of Senators is chosen but following the election of Representatives. Within
these time limits, voting shall be by ballot and shall continue until one
person shall have attained a majority of the votes. Ballots shall be tabulated
by a judge of the Supreme Court or any inferior court in the presence of the
Senate.
6. The
Senate shall choose their other officers, and also a President pro tempore, in
the absence of the President of the Senate, or when the President of the Senate
shall exercise the Office of President of the United States.
7. The
Senate shall have the sole power to try all impeachments of persons holding any
office of profit or trust under of the United States. When sitting for that purpose,
they shall be on oath or affirmation. When the President of the United States
is tried, the Chief Justice shall preside: and no office
holder shall be convicted without the concurrence of two thirds of the members
present.
8. Judgment
in cases of impeachment shall not extend further than to removal from office
and once removed, disqualification to hold and enjoy any office of honor, trust
or profit under the United States: but the party convicted shall nevertheless
be liable and subject to indictment, trial, judgment and punishment, according
to law.
D. The
times, places and manner of holding elections for Senators and Representatives
shall be prescribed in each state by the legislature thereof. Congress shall
not make or alter any regulation in any state respecting the places and manner
of holding elections for Senators or Representatives unless the legislature of
such state shall neglect or refuse to make laws or regulations for the purpose,
or from any circumstance be incapable of making the same; and then only until
the legislature of such state shall make such provision; provided that Congress
may prescribe the day for the election of Representatives.
E. The
Congress shall assemble at least once in every year, and such meeting shall
begin at noon on the third day of January, unless they shall by law appoint a
different day.
F. Each
House shall be the judge of the elections, returns and qualifications of its
own members, and a majority of each shall constitute a quorum to do business;
but a smaller number may adjourn from day to day, and may be authorized to
compel the attendance of absent members, in such manner, and under such penalties
as each House may provide.
G. Each
House may determine the rules of its proceedings, punish its members for
disorderly behavior and, with the concurrence of two thirds, expel a member.
H. The
Senators and Representatives shall receive a compensation for their services,
to be ascertained by law, and paid out of the treasury of the United States.
They shall in all cases, except treason, felony and breach of the peace, be
privileged from arrest during their attendance at the session of their
respective Houses, and in going to and returning from the same; and for any
speech or debate in either House, they shall not be questioned in any other
place.
I. No
Senator or Representative shall, during the time for which he was elected, be
appointed to any civil office under the authority of the United States, which
shall have been created, or the emoluments whereof shall have been increased
during such time: and no person holding any office under the United States,
shall be a member of either House during his continuance in office.
J. Each
House shall keep a journal of its proceedings and from time to time and at
least once per annum, publish the same, excepting such parts as may in their judgment
require secrecy; and the yeas and nays of the members of either House on any
question shall, at the desire of one fifth of those present, be entered on the journal.
K. Neither
House, during the session of Congress shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in which the
two Houses shall be sitting.
L. No
law varying the compensation for the services of the Senators and
Representatives shall take effect until an election of Representatives shall
have intervened.
M. All
bills for raising revenue shall originate in the House of Representatives; but
the Senate may propose or concur with amendments, as on other bills.
N. Every
bill, order or resolution, declarations of war notwithstanding, which shall
have passed the House of Representatives and the Senate shall be presented to
the Constitutional Council of the United States. The Constitutional Council
shall only determine if the bill is in full compliance with all the articles of
this Constitution and any amendments thereto. If it approves, the
Constitutional Council shall transmit the bill to the President but if not, the
Constitutional Council shall return it, with its objections to that House in
which it shall have originated, who shall enter the objections at large on
their journal, and proceed to reconsider it.
O. Every
bill which shall have approval from the Constitutional Council, shall, before
it become a law, be presented to the President of the United States; if he
approves, he shall sign it, but if not, he shall return it, with his objections
to that House in which it shall have originated, who shall enter the objections
at large on their journal, and proceed to reconsider it. If after such
reconsideration a majority of that House shall agree to pass the bill, it shall
be sent, together with the objections, to the other House, by which it shall
likewise be reconsidered, and if approved by a majority of that House, it shall
become a law. But in all such cases the votes of both Houses shall be
determined by yeas and nays, and the names of the persons voting for and
against the bill shall be entered on the journal of each House respectively. If
any bill shall not be returned by the President within ten days (Sundays
excepted) after it shall have been presented to him, the same shall be a law,
in like manner as if he had signed it, unless the Congress by their adjournment
prevent its return, in which case it shall not be a law.
P. Every
order, resolution, or vote to which the concurrence of the Senate and House of
Representatives may be necessary (except on a question of adjournment) shall be
presented to the President of the United States; and before the same shall take
effect, shall be approved by him, or being disapproved by him, shall be
repassed by a majority of the Senate and House of Representatives, according to
the rules and limitations prescribed in the case of a bill.
Q. Every
law, or resolution having the force of law, shall relate to but one subject,
and that shall be expressed in the title.
R. Congress
shall have limited enumerated powers
1. To
establish means for allowing the people and states to voluntarily engage in
activity that provides revenue for the United States, and establish fees, charges
and excises to defray all the expenses of general services provided by law, but
revenues from such fees, charges and excises shall not exceed the expense and
maintenance of the services provided;
2. To
borrow money on the credit of the United States provided three-fourths of each House
of Congress approves;
3. To
establish uniform rules of citizenship, immigration and naturalization;
4. To
establish uniform laws on the subject of bankruptcies throughout the United
States;
5. To
fix the standard of weights and measures based only on the International System
of Units;
6.
To promote the
progress of science and useful arts, by securing for limited times to authors
and inventors the exclusive right to their respective writings and discoveries;
7. To
constitute tribunals inferior to the Supreme Court;
8. To
define and punish piracies and felonies committed on the high seas, and
offenses against the law of nations;
9. To
declare the punishment of treason, but no attainder of treason shall work
corruption of blood, or forfeiture except during the life of the person
attainted;
10. To
declare war, provided two-thirds of each House of Congress approves, and every
declaration of war shall expire one year thereafter unless two-thirds of each
House of Congress shall authorize an additional year, each year thereafter;
11. To
grant letters of marque and reprisal, and make rules concerning captures on
land, air and water in the event war shall have been declared;
12. To
raise and support defense forces, but no appropriation of money to that use
shall be for a longer term than two years; and standing armies,
in time of peace, are dangerous to liberty and therefore ought to be avoided,
as far as the circumstances and protection of the community will admit; and in
all cases, the military should be under strict subordination to, and governed
by, the civil power;
13. To
provide for the defense of the United States;
14. To
make rules for the government and regulation of the defense forces of the
United States;
15. To
provide for calling forth the organized militia to execute the laws of the federation,
suppress insurrections and repel invasions;
16. To
provide for arming and disciplining the organized militia and for governing
such part of them as may be employed in the service of the United States,
reserving to the states respectively, the appointment of the officers, and the
authority of training the organized militia according to the discipline
prescribed by Congress;
17. To
exercise exclusive legislation in all cases whatsoever, over such nonresident
District (not exceeding five kilometers square) as may, by cession of
particular states, and the acceptance of Congress, become the seat of the
government of the United States;
18. To
dispose of and make all needful rules and regulations respecting the territory
or other property belonging to the United States;
19. To
make all laws which shall be both necessary and proper for carrying into
execution only the foregoing enumerated powers, and all other enumerated powers
vested by this Constitution in the government of the United States, or in any
department or officer thereof.
S. Congress
shall have no authority
1. To
suspend the privilege of the writ of habeas corpus;
2. To
pass a bill of attainder or ex post facto law;
3. To
lay a tax or duty on articles exported from any state;
4. To
give preference by any regulation of commerce or revenue to the ports of one
state over those of another: nor shall vessels bound to, or from, one state, be
obliged to enter, clear or pay duties in another;
5. To
draw money from the treasury, but in consequence of appropriations made by law;
and a regular statement and account of receipts and expenditures of all public
money shall be published from time to time and at least once per annum;
6. To
grant titles of nobility by the United States with the exceptions defined in
Article VIII: and no person holding any office of profit or trust under them,
shall, without the consent of the Congress, accept of any present, emolument,
office, or title, of any kind whatever, from any foreign state;
7. To
make any law respecting an establishment of religion, or prohibiting the free
exercise thereof;
8. To
abridge the freedoms of thought and speech, or of the press or written word;
9. To
abridge the right of the people peaceably to assemble, and to petition the
government for a redress of grievances;
10. To
abridge the right of the people to keep and bear arms;
11. To
make any law defining a criminal act with the exceptions enumerated in Article
I, Section R;
12. To
authorize any use of military force by any bill, order, resolution or vote other
than a declaration of war, unless actually invaded, or in such imminent danger
as will not admit of delay;
13. To
institute compulsory service to the United States;
14. To
call forth the unorganized militia to execute the laws of the federation,
suppress insurrections and repel invasions;
15. To
call forth the organized militia to leave their state without the consent of
said state unless war shall have been declared or to repel invasions;
16. To
make any law to interfere in or regulate the interstate commerce of the people
of the United States or law impairing the obligation of contracts or to mandate
actions by any individual including those in furtherance of any economic or
commercial policy;
17. To
abridge the freedom of production, commerce and the voluntary and free exchange
of goods and services;
18. To
create, or engage in, any business, professional, commercial, financial or
industrial enterprise;
19. To
provide any money to any state or engage with any state to perform any policy,
program or other service;
20. To
coin money, regulate the value thereof and of foreign
coin.
II.
The Head of State
A. The
President of the United States shall be the head of state of the United States.
He shall hold his office during one term of ten years.
B. The
President shall be elected, as follows:
1. The
legislature of each state shall appoint a number of electors, equal to the
whole number of Senators and Representatives to which the state may be entitled
in the Congress: but no Senator or Representative, or person holding an office
of trust or profit under the United States, shall be appointed an elector.
2. The
electors shall meet in their respective states and vote by ballot for
President; they shall name in their ballots the person voted for as President
and they shall make distinct lists of all persons voted for as President, and
of the number of votes for each, which lists they shall sign and certify, and
transmit sealed to the seat of the government of the United States, directed to
the President of the Senate. The President of the Senate shall, in the presence
of the Senate and House of Representatives, open all the certificates and the
votes shall then be counted. The person having the greatest number of votes for
President, shall be the President, if such number be a majority of the whole
number of electors appointed; and if no person have such majority, then from
the persons having the highest numbers not exceeding three on the list of those
voted for as President, the House of Representatives shall choose immediately,
by ballot, the President. But in choosing the President, the votes shall be
taken by states, the representation from each state having one vote; a quorum
for this purpose shall consist of a member or members from two-thirds of the
states, and a majority of all the states shall be necessary to a choice.
3. The
Congress may determine the time of choosing the electors, and the day on which
they shall give their votes; which day shall be the same throughout the United
States.
4. No
person except a natural born citizen shall be eligible to the office of
President; neither shall any person be eligible to that office who shall not
have attained to the age of thirty-five years, and been fourteen years a
resident within the United States.
5. The
President shall not be a member of Congress or of the legislature of any state
nor shall the President hold any other office of profit or trust of the United
States or any of the several states for a period of five years before his
election.
C. The
President shall, at stated times, receive for his services, a compensation,
which shall neither be increased nor diminished during the period for which he
shall have been elected, and he shall not receive within that period any other
emolument from the United States, or any of them.
D. Before
he enter on the execution of his office, he shall take the following oath or
affirmation: "I do solemnly swear
(or affirm) that I will faithfully execute the office of President of the
United States, and will to the best of my ability, preserve, protect and defend
the Constitution of the United States."
E. Duties
of the President of the United States
1. The
President shall designate the principal officer who shall execute the laws of
the United States and appoint the other principal officers of the executive
departments on the basis of the vote of confidence of the House of
Representatives with the exception of the officer charged with the
administration of justice.
2. The
President shall have power to grant reprieves, commutations, exonerations and
pardons for offenses against the United States, except in cases of impeachment.
3. The
President shall nominate, and by and with the advice and consent of the Senate,
shall appoint ambassadors, judges of the Supreme and inferior Courts and
councilors of the Constitutional Council.
4. The
President shall be commander in chief of the defense forces of the United
States, and of the organized militia of the several states, when called into
the actual service of the United States. The command of the defense forces of
the United States shall be exercised by the head of government.
5. The
President shall nominate, and by and with the advice and consent of two-thirds
of the legislature of each state, shall appoint the Governor for every state.
6. The
President may, on extraordinary occasions, convene both Houses, or either of
them, and in case of disagreement between them, with respect to the time of
adjournment, he may adjourn them to such time as he shall think proper.
7. The
President shall receive ambassadors and other public ministers and heads of
state.
8. The
President shall commission all the officers of the United States.
9. The
President shall recognize individuals or groups for extraordinary achievement
and acts of bravery and heroism.
F. The
President and all civil officers of the United States shall
be removed from office on impeachment for, and conviction of, treason, bribery,
other high crimes and misdemeanors, or other behavior that renders them unfit
for office.
H.
In Case of the removal of the President
from office, or of his death, resignation, or inability to discharge the powers
and duties of the said office, the same shall devolve on the President of the
Senate until a new President is chosen.
III. The
Head of Government
A. The
principal officer chosen by the President to execute the laws of the United
States shall be the head of government. No individual shall hold the office of
two executive departments simultaneously nor shall the head of government hold
any other appointed office.
B. Duties
of the head of government
1. The
head of government shall take care that the laws be faithfully executed.
2. The
head of government shall give to the Congress information of the state of the federation,
and recommend to their consideration such measures as he shall judge necessary
and expedient.
3. The head of government shall have power, by and with the advice and consent of the Senate, to make treaties, provided a majority of the House of Representatives and two thirds of the Senate concurs.
4. The
head of government shall nominate, and by and with the advice and consent of
the Senate, shall appoint all other officers of the United States, whose appointments
are not herein otherwise provided for, and which shall be established by law:
but the Congress may by law vest the appointment of such inferior officers, as
they think proper, in the Head of Government alone, in the courts of law, or in
the heads of departments.
5. The
head of government may require the opinion, in writing, of the Traditional
Leaders, upon any subject relating to customary law within traditional
communities.
6. The
head of government may require the opinion, in writing, of the principal
officer in each of the executive departments, upon any subject relating to the
duties of their respective offices.
D. The
head of government shall remain in office during the pleasure of the House of
Representatives and subject to the limits of all Representatives to remain in office.
IV. The
Judiciary
A. The
judicial power of the United States, shall be vested in one Supreme Court
consisting of no more than nine judges and in such inferior courts as the
Congress may from time to time ordain and establish. The judges, both of the
supreme and inferior courts, shall hold their offices during good behavior, and
shall, at stated times, receive for their services, a compensation, which shall
not be diminished during their continuance in office.
B. The
judges of the Supreme Court shall nominate, and by and with the advice and
consent of the Senate, shall appoint the officers in charge of executing the
administration of justice for the United States. The officers in charge of
executing the administration of justice shall hold their offices during one
term of ten years.
C. The
judicial power shall extend to all cases, in law and equity, including those
brought by citizens or the several states to challenge acts of Congress, the
head of state or the head of government, which are contrary to this
Constitution including the unlawful expenditure of funds, the laws of the
United States, and treaties made, or which shall be made, under their
authority;--to all cases affecting ambassadors, other public ministers and
consuls;--to all cases of admiralty and maritime jurisdiction;--to
controversies to which the United States shall be a party;--to controversies
between two or more states;--between citizens of different states, and between
citizens of the same state claiming lands under grants of different states.
D. The
judicial power of the United States shall not be construed to extend to any
suit in law or equity, commenced or prosecuted against one of the United States
by citizens of another state, or by citizens or subjects of any foreign state.
E. In
all cases affecting ambassadors, other public ministers and consuls, and those
in which a state shall be party, the Supreme Court shall have original
jurisdiction. In all the other cases before mentioned, the Supreme Court shall
have appellate jurisdiction, both as to law and fact, with such exceptions, and
under such regulations as the Congress shall make.
F. The
trial of all crimes, except in cases of impeachment, shall be by jury; and such
trial shall be held in the state where the said crimes shall have been
committed; but when not committed within any state, the trial shall be at such
place or places as the Congress may by law have directed.
G. Treason
against the United States, shall consist only in levying war against them, or
in adhering to their enemies, giving them aid and comfort. No person shall be
convicted of treason unless on the testimony of two witnesses to the same overt
act, or on confession in open court.
H. No
bill referred to its originating House by the Constitutional Council shall be
reviewed by the Supreme Court or inferior courts.
I. The
right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no
warrants shall issue, but upon probable cause, supported
by oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized and that general warrants,
whereby an officer may be commanded to search suspected places, without
evidence of the fact committed, or to seize any person or persons not named,
whose offences are not particularly described and supported by evidence, are dangerous
to liberty and ought not be granted.
J.
No person shall be held to answer for an
infamous crime, unless on a presentment or indictment of a grand jury, except
in cases arising in the defense forces, or in the organized militia, when in
actual service in time of war or public danger; nor shall any person be subject
for the same offense to be twice put in jeopardy of the loss of liberty or property, nor for the same
overt act be subject to be put in jeopardy of the loss of liberty or property
other than by the state or district where the said crimes shall have been
committed and in no other jurisdiction; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of liberty, or property,
without procedural due process of law.
K.
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the state and
district wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
assistance of counsel for his defense.
L. In suits at common law the right of trial by
jury shall be preserved, and no fact tried by a jury, shall be otherwise
reexamined in any court of the United States, than according to
the rules of the common law.
M. Bail
shall not be imposed but upon probable cause, supported by oath or affirmation
of alleged violence committed by the accused or upon procedural due process of
law, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
V.
The Constitutional Council
The Constitutional
Council shall consist of no more than nine councilors. Constitutional Council
members shall hold their offices during good behavior, and shall, at stated
times, receive for their services, a compensation, which shall not be
diminished during their continuance in office. The decisions of the
Constitutional Council shall not be considered by the President when deciding
to reject or sign any bill, the several states when deciding to nullify any law
or any decision of the Supreme or inferior courts.
The Constitutional
Council shall have jurisdiction to determine whether treaties are in conformity
with the Constitution and whether all regulations and executive actions are in
conformity with the laws and Constitution; in such cases it may declare their
annulment.
VI. The
States
A. Full
faith and credit shall be given in each state to the public acts, records, and
judicial proceedings of every other state. And the Congress may by general laws
prescribe the manner in which such acts, records and proceedings shall be
proved, and the effect thereof.
B. The
citizens of each state shall be entitled to all privileges and immunities of citizens
in the several states and no state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of each state.
C. A
person charged in any state with treason, felony, or other crime, who shall
flee from justice, and be found in another state, shall on demand of the
executive authority of the state from which he fled, be delivered up, to be
removed to the state having jurisdiction of the crime.
D. No
state shall enter into any treaty, alliance, or confederation; grant letters of
marque and reprisal; coin money, regulate the value thereof and of foreign coin;
emit bills of credit; pass any bill of attainder, ex post facto law, or law
impairing the obligation of contracts, or grant any title of nobility with the
exceptions defined in Article VIII.
E. No
state shall, without the consent of the Congress, lay any imposts or duties on imports
or exports, except what may be absolutely necessary for executing its
inspection laws: and the net produce of all duties and imposts, laid by any state
on imports or exports, shall be for the use of the treasury of the United
States; and all such laws shall be subject to the revision and control of the
Congress.
F. No
state shall, without the consent of Congress, lay any duty of tonnage, keep troops,
or ships of war in time of peace, enter into any agreement or compact with
another state, or with a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as will not admit of delay.
G. No
state shall interfere in the commerce of the people of the state, or any other
state, or mandate actions by any individual in furtherance of any economic or
commercial policy.
H. No
state shall create, or engage in, any business, professional, commercial,
financial or industrial enterprise.
I. No
state shall abridge the right of the people to keep and bear arms except in
consequence to a conviction for an infamous crime or upon an adjudication of
incapacity.
J. No
state shall deprive any person of liberty, or property, without procedural due
process of law.
K. No
state shall deny to any person within its jurisdiction the equal protection of
the laws.
L. No
state shall abridge the freedom of production, commerce and the voluntary and
free exchange of goods and services.
M. New
states may be admitted by the Congress into this federation; but no new state
shall be formed or erected within the jurisdiction of any other state; nor any state
be formed by the junction of two or more states, or parts of states, without
the consent of the legislatures of the states concerned as well as of the
Congress.
N. Nothing
in this Constitution shall be so construed as to prejudice any claims of the
United States, or of any particular state.
O. The
United States shall guarantee to every state in this federation a representative
form of government, and shall protect each of them against invasion; and on application
of the legislature, or of the executive (when the legislature cannot be
convened) against domestic violence.
P. The
several states may nullify any law of the United States, whenever three-fifths
of the legislatures of the several states choose to nullify such law. This must
occur within twelve months of the enactment of the law.
Q. Each
state retains its sovereignty, freedom, and independence, and every power,
jurisdiction, and right, which is not by this Constitution forbidden or
expressly delegated to the United States, in Congress assembled.
R. Each
Governor shall be the head of state of their respective state. The powers of
the Governors may be defined by the states but shall include the following.
1. The
Governor shall designate the principal officer who shall execute the laws of
the state and appoint the other principal officers of the executive departments
on the basis of the vote of confidence of the most numerous branch of the state
legislature, with the exception of the officer charged with the administration
of justice.
2. The
Governor shall have
power to grant reprieves, commutations, exonerations, and pardons for offenses
against the state, except in cases of impeachment.
3. The
Governor shall nominate, and by and with the advice and consent of the legislature,
shall appoint judges of the state Courts and councilors of the state
Constitutional Council.
4. The
Governor shall recognize individuals or groups for extraordinary achievement
and acts of bravery and heroism.
5. Every
bill which shall have approval from the Constitutional Council and state legislature, shall, before it
become a law, be presented to the Governor; if he approves, he shall sign it,
but if not, he shall return it, with his objections to the legislature, which
shall enter the objections at large on their journal, and proceed to reconsider
it. If after such reconsideration a majority of the legislature shall
agree to pass the bill, it shall become a law. But in all such cases the votes
of the legislature shall be determined by yeas and nays, and the names of the
persons voting for and against the bill shall be entered on the journal of the
legislature. If any bill shall not be returned by the Governor within ten days
(Sundays excepted) after it shall have been presented to him, the same shall be
a law, in like manner as if he had signed it, unless the legislature by their
adjournment prevent its return, in which case it shall not be a law.
S. Governors
shall be removed from office on impeachment for, and conviction of, treason,
bribery, other high crimes and misdemeanors, or other behavior that renders
them unfit for office by the legislative body empowered to impeach officers of the state. No office holder shall
be convicted without the concurrence of two thirds of the members of the
legislative or judicial body empowered to try impeachments.
VII. Amendments,
alterations or abolishing in whole or in part
The
Congress, whenever two thirds of both Houses shall deem it necessary, or on the
application of the legislatures of two thirds of the several States, shall
propose to amend, alter or abolish this Constitution in whole or in part,
which, in either case, shall be valid to all intents and purposes, as part of
this Constitution, when ratified by a two thirds majority of each of the legislatures
of three fourths of the several States within ten years of its submission to
the states; provided that no state, without its consent, shall be deprived of
its equal suffrage in the Senate.
VIII. Traditional Leaders
A. Traditional
Leaders are any person who, in terms of customary law of the traditional
community concerned, holds a traditional leadership position.
B. A
community may be recognized as a traditional community if it is subject to a
system of traditional leadership in terms of the customs of that community, and
observes a system of customary law.
C. The
institution, status and role of traditional leadership, according to customary
law, are recognized, subject to the Constitution.
D. A
traditional authority that observes a system of customary law may function
subject to Congress and customs.
E. The
courts must apply customary law when that law is applicable, subject to the
Constitution and any legislation specific to customary law.
F. Congress
shall provide a role for traditional leadership as an institution to deal with
matters relating to traditional leadership, the role of traditional leaders,
customary law and the customs of communities observing a system of customary
law.
G. The
Congress and the states may provide for the establishment of houses of
traditional leaders.
A. All
debts contracted and engagements entered into, before the adoption of this
Constitution, shall be as valid against the United States under this
Constitution, as under the previous Constitution.
B. This
Constitution, and the laws of the United States which shall be made in pursuance
thereof; and all treaties made, or which shall be made, under the authority of
the United States, shall be the supreme law of the land only in matters
enumerated by this Constitution; and the judges in every state shall be bound
thereby, any thing in the Constitution or laws of any state to the contrary
notwithstanding.
C. This
Constitution, and the laws of the United States which shall be made in
pursuance thereof; shall be interpreted as the organization of the natural
right of lawful defense. It is the substitution of a common force for
individual forces and this common force is to do only what the individual
forces have a natural and lawful right to do: to protect persons, liberties,
and properties.
D. The
Senators and Representatives before mentioned, and the members of the several state
legislatures, and all executive and judicial officers, both of the United
States and of the several states, shall be bound by oath or affirmation, to
support this Constitution; but no religious test shall ever be required as a qualification
to any office or public trust under the United States.
E. Slavery
shall not exist within the United States or any place subject to their
jurisdiction.
F. Neither
the United States nor any state shall have the authority or power to deprive
any person of their right to life as punishment for any criminal act.
G. The
right of citizens of the United States to vote shall not be denied or abridged
by the United States or by any state with the exception of those disenfranchised by procedural due process for committing an infamous crime or upon
an adjudication of mental incapacity.
H. The
enumeration in the Constitution of certain rights shall not be construed to
deny or disparage others retained by the people of the several states but no
rights shall be construed as being derived from the law or government or
compelling the actions of others.
X.
Ratification
A. The
ratification by a two-thirds
majority of each legislature of the states shall be sufficient for the
establishment of this Constitution between the states so ratifying the same.
B. Fifteen
years after the date of ratification of this Constitution, all laws in
existence before its ratification shall expire except revenue laws which shall
expire fifty years after ratification. In the thirty-five year interim,
Congress shall eliminate all debts contracted and engagements entered into
before the adoption of this Constitution.
