The Constitution of the United States was written to establish a government of limited and defined powers. It was never intended to authorize the vast and intrusive apparatus we see today. And yet, the federal government now reaches into nearly every aspect of life—taxing, regulating, policing, and spending far beyond any reasonable conception of limited governance.
As the writer and jurist Lysander Spooner observed, "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." That sobering assessment demands our attention.
We, the people of the United States, must confront a simple but urgent question: Why has a government meant to be limited become unlimited? And once we understand the causes—structural, legal, and philosophical—we must act to restore those limits necessary to preserve liberty. A government that once existed to secure our rights now functions more as benefactor, regulator, and enforcer, often at odds with the very freedoms it was established to protect.
We tend to equate democracy with freedom, yet history shows that unconstrained democratic rule can enable legal plunder and institutionalized injustice. As Professor Leland B. Yeager wisely noted, "Democracy is not the sort of thing of which more is necessarily better." The Founders understood this. They designed a framework to check the excesses of power—popular or otherwise. But over time, that framework has eroded.
Some of the Constitution’s limitations have simply been ignored; others have been rendered ineffective by judicial reinterpretation or legislative overreach. Perhaps most fundamentally, the concentration of political power in a single executive—the President—has transformed a constitutional office into something approaching an elective monarchy.
Rather than pursue piecemeal reform through isolated amendments, it may be time to address the Constitution’s core deficiencies at once. What follows is a full and principled revision of the Constitution of the United States—one that restores federalism, secures liberty, and reestablishes a truly limited government of laws, not men.
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
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
2.
Except in trials of impeachment, each
state shall cast one vote in the Senate, to be determined by the majority of
its Senators. In the event the Senators fail to agree, the vote of that state
shall not be counted. In trials of impeachment, each Senator shall have one
vote.
3. 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 third 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.
4. 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.
5. The
President of the Senate shall have no vote, unless they be equally divided.
6. The
President of the Senate shall be chosen by the governors of the several states,
each governor casting one vote, no later than noon on the third day of January
in the year in which a new class of Senators is chosen, and following the
general election of Representatives. Voting shall be by ballot, and shall
continue without adjournment until one person has received a majority of all
votes cast. The candidate must be eligible to serve as President of the United
States and shall not hold any other office under the United States or any of
the several states. Ballots shall be delivered to the Senate and tabulated by a
judge of the Supreme Court or an inferior court, in the presence of the
assembled Senate. The President of the Senate shall serve for a term of three
years and may be re-elected. Removal from office before the expiration of the
term shall require a two-thirds vote of the governors of the several states.
7. 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.
8. The
Senate shall have the sole power to try all impeachments of persons holding any
office of profit or trust under 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.
9. 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 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 by their respective 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 becomes 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. No
bill shall become a law which embraces more than one subject, that subject to
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 three 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 expressly 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,
all such appropriations to expire after three years; 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, except as provided 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 individual citizens of the United States to keep and bear
arms;
11. To
define or punish any criminal offense, except for those offenses that are
directly and necessarily incident to the enumerated powers 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 operate outside their respective states
without the consent of the state concerned, except in cases where war has been
declared or to repel an actual invasion;
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 in furtherance of any economic or commercial policy
or to purchase or consume any good or service;
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
appropriate funds to any state, or enter into agreements with any state to
perform or administer policy, programs or services except where such funding or
cooperation is both necessary and proper for carrying into execution enumerated
powers vested by this Constitution in the government of the United States, and
all such appropriations shall be subject to the revision and control of the
Congress.
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 eight 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 enters 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 a majority of the House of Representatives with the
exception of the officers 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 judges of the Supreme and inferior Courts and councilors of the
Constitutional Council.
4. The
President shall, on the recommendation of the Head of Government, appoint
ambassadors who shall serve as representative of the United States. Ambassadors
may be removed from office by the Head of Government.
5. The
President shall bear the title of 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 shall be exercised by the Head of Government.
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 confer with the Head of State at regular intervals on
matters concerning the governance and affairs of the federation.
4. 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.
5. The
head of government 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 State alone, in the courts
of law, or in the heads of departments.
6. The
head of government may require the opinion, in writing, of the Traditional
Leaders, upon any subject relating to customary law within traditional
communities.
7. 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.
C. The
Head of Government shall serve at the pleasure of the House of Representatives
and may be removed at any time by a majority vote of that House. The individual
designated by the President to serve as Head of Government shall assume office
only upon the approval of the House by a majority vote.
IV. The
Judiciary
A. The
judicial power of the United States, shall be vested in one Supreme Court
consisting of 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.
C.
The Attorney General shall nominate, and
by and with the advice and consent of the Senate, shall appoint Attorneys for
the United States for any district for which a Judge having criminal
jurisdiction shall have been provided by law. They shall hold their offices for
a term of eight years, eligible to succeed in office for one additional term of
office.
E.
The judicial power shall extend to all
cases, in law and equity, arising under this Constitution, including those
brought by citizens or the several states to challenge acts of Congress, the
Head of State, the Head of Government, or other constitutional officers, which
are contrary to this Constitution, including unlawful expenditure of funds; 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.
F. 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 without
the consent of the state made a party to such legal action.
G. No
court shall defer to any interpretation of law made by any executive department
or administrative agency of the United States when determining the meaning of
statutes enacted by Congress.
H. 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.
J. 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.
K. No
bill referred to its originating House by the Constitutional Council shall be
reviewed by the Supreme Court or inferior courts until it shall become law.
L. The
right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated. 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. General warrants, whereby an officer may be commanded to search
suspected places without evidence of a committed offense, or to seize any
person not named and whose offense is not particularly described and supported
by evidence, are dangerous to liberty and shall not be granted. Any evidence
obtained in violation of this section shall not be admitted in any proceeding,
civil or criminal, in the courts of the United States.
M. No
person shall be held to answer for a misdemeanor or felony, except on a
presentment or indictment of a grand jury, except in cases arising in the
defense forces or the organized militia when in actual service in time of war
or public danger. No person shall, for the same act or course of conduct, be
twice put in jeopardy of the loss of liberty or property, whether by the United
States, any state, territory, or other jurisdiction thereof. No person shall be
prosecuted for any offense except in the state or district where the alleged
act occurred, and in no other jurisdiction, unless the offense occurred in more
than one state or district. No person 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.
N.
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.
O. In
civil suits, 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
except in accordance with rules prescribed by law.
P. Excessive
bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
V.
The Constitutional Council
A. The
Constitutional Council shall consist of no more than nine councilors, who shall
hold office during good behavior and receive compensation at stated intervals,
which shall not be diminished during their continuance in office. The
decisions, opinions, or objections of the Constitutional Council shall not be
considered binding precedent nor possess the force of law, and shall be
advisory only, serving solely to identify whether a proposed measure conforms
to this Constitution. Such determinations shall not bind the President in
deciding whether to approve or reject any bill, nor limit the authority of the
several states to nullify any law, nor restrict the Supreme Court or inferior
courts in their judicial review.
B. 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. When not in
conformity, 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, except
as provided 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 have the power to abridge the right of individual citizens of the
United States to keep and bear arms, except as a consequence of conviction for
a felony or upon adjudication of incapacity by a court of competent
jurisdiction.
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
legislatures of two-thirds of the several states shall have the power to
nullify any law of the United States, provided such nullification occurs within
twelve months of the enactment of the law as defined in Article I. Upon such
action, the law shall be of no force or effect throughout the United States.
Q. The
power of the States to nullify any law of the United States shall apply only to
Acts of Congress, and shall be exercised by resolution adopted independently by
each state legislature and transmitted to the Congress of the United States.
When two-thirds of the legislatures have so acted, the nullification shall be
certified and entered into the laws of the United States.
R. 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.
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 three-fourths 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 seven-eighths 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 in
areas of customary law and community governance, subject to state and national
legislation and this Constitution.
E. The
courts must apply customary law in cases where such law is relevant to the
facts and parties involves, provided it does not conflict with the Constitution
and any legislation.
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. Either
the Congress or the states shall 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
voting franchise may be exercised only by citizens of the United States, and
shall not be denied or abridged by the United States or by any state except as
a consequence of conviction for a felony following procedural due process, or
upon adjudication of mental incapacity by a court of competent jurisdiction.
H. The
enumeration in this Constitution of certain rights shall not be construed to
deny or disparage others retained by the people of the several states. No right
shall be construed as originating from government, or as compelling the action
of any other person.
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. All
laws enacted before the ratification of this Constitution shall remain in
effect for no longer than fifteen years from the date of ratification, unless
in conformity with this Constitution. Revenue laws that remain in effect for up
to fifty years. Congress shall, during the intervening period, make provisions
for the orderly expiration or replacement of such laws and shall seek to retire
or renegotiate all debts and obligations incurred before the ratification of
this Constitution.
