A New Constitution?

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.

G.    Whenever the President transmits to the Head of Government his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the President of the Senate as Acting President.

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.

 

IX.    Additional Provisions

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.