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Proposed Constitution for the Newstates of Amerika Foreword by Lt. Col. Arch
Roberts (Australia) retired. Director of the Committee to Restore the Constituion. P.O. Box
986 - Ft. Collins, Colorado 80522 - Ph: 970-484-2575 "Through appropriate land use
planning, it is his [the physical planner's]job to help this transfer of land to occur
in an orderly fashion by reconciling the rights of the individual with the interests of the
community." From Planning Metropolitan Areas and New Towns, United Nations -
New York, 1967, U.N. Publications Sales No. 67.IV.5
Published in October of 1995, Our Global Neighborhood - the United Nations
Report of the Commission on Global Governance. (In celebration of its 50th Anniversary) it
indicates the progress being made toward world regionalism.
"The development of regionalism cannot be isolated from global
institutions. Affecting each other in many ways, these goals should be linked in a dynamic
process of interaction. Regional arrangements have the potential to complement and contribute
to Global Governance, but may not produce a positive outcome automatically." (In other
words, they're 'experimenting' with world governance and the people of the world are their
guinea pigs.) "The development of global governance
is part of the evolution of human efforts to organize life on the planet... we are
convinced that it is time for the world to move on from the designs evolved over the centuries
and given new form in the establishment of the United Nations nearly fifty years ago."
"The UN must prepare for a time when regionalism becomes more ascendant world-wide, and even help
the process along. It is committed to doing so; the Secretary-General has called repeatedly for
a strengthening of regionalism in global governance, in development no less than in peace and
security."
From:Journal of State Government, Oct-Dec., 1991. The Council of
State Government's publication for state legislators (now State Government News) article titled,
"Foreign Relations at the State Level"...
"The globalizations of state governments is receiving a tremendous amount
of publicity at the international, national, state and local levels."
"...and how the chief executive and the legislative leaders should
promote the best interests of the public in the global market" [rank and file legislators are
discounted in these plans because it is common practice for legislators in non-leadership
positions to follow the instructions, commands and demands of their 'leaders'].
"Several U.S. states are entering into regional blocs or pacts in order to optimize their
resources and strengthen their position in the global economy..." "One of the most prominent and
successful examples of such regional cooperation is the Pacific Northwest Economic Region (PNWER)
, which is comprised of Alaska, Oregon, Washington, Idaho, Montana, and two Canadian provinces,
Alberta and British Columbia."
READ THE FOLLOWING CAREFULLY -- The article continues...
"State governments have an important role to play, not only in understanding where they fit in
but also erecting what President George Bush has called the New World Order. This order - if
implemented properly - will emphasize collective security [world Army under NATO-UN]
international cooperation and a dependence on international law [no more Constitution for the
United States of America] to resolve conflicts, promote economic and social development and
create a respect for human rights... We must prudently, yet forcefully seize the opportunity
and be constructive players".
State legislators are implementing Regional governance by passing bills they don't read.
They haven't the foggiest notion of what they're doing. It's criminal and a violation of their
oath of office. Please copy this sheet freely; get the information to your state legislators and
send it to five others not your own. The 'architects' of World Government are making their big
push... in your state! Watch for bills 'reforming' tax codes, proposed amendments to state
constitutions, more 'Regionalism' legislation, ie, city-county mergers, regional asset groups,
any intergovernmental type bills and especially... watch your state for implementation of
federal gun bills. ************
Transcript of an article from: Phillip County News, Malta, Montana, January 4, 1934,
Use of all land, public and private will be controlled by the federal government in the future,
Assistant Secretary of Agriculture Rexford Tugwell predicted this week.
Land which cannot be operated effectively under private ownership will be held by the government
as public forests, parks, game preserves, grazing ranges, recreation centers and the like,
Tugwell asserted.
Privately owned land will be controlled "to whatever extent is found necessary for maintaining
continous productivity," he said. State Officials here were studying Tugwell's statement today
to see how they might affect Montana.
"We have depended too long on the hope that private ownership and control would operate somehow
for the benefit of society as a whole. That hope has not been realized." Tugwell said present
acreage reduction plans were only an emergency stop gap. "What is done is merely to keep a part
of each field of each farm out of use," he said. "It seems to be obvious that this cannot be a
characteristic feature of a permanent policy."
As an alternative, Tugwell advocated controlling the total volume of farm products by limiting
the area available for production, the government acquiring and devoting to other uses all land
in excess of that needed for production.
He envisioned "a commercial agriculture made up of the most efficient farmers operating the best
of our lands." Contrary to the desired trend 2,000,000 persons have returned to farms during the
depression," he said.
"We already have too many farmers," Tugwell said. "We could probably raise all the farm products
we need with half our present farmers, or 12 and 1/2% of our total working population.
"Private control has failed to use wisely its control of the land," he concluded. "We are
preparing a land program not merely for the benefit of those who held title to it but for the
greater welfare of all the citizens of the country." [end of transcript]
"Control of land is central to the objectives of Federal Regionalism. Regional government
seeks to overthrow the constitution, merge 50 states into Ten Federal Regions; change government
from elected to appointed system; seize control of all property, production, communication,
transportation; revoke civil rights and reduce you to the status of 'human resource' subject to
the dictates of centeral authority in Washington." - Arch Roberts.
************
Proposed Constitution for the Newstates of America
Foreword: This transcript of the Proposed Constitution of the Newstates of America was
transferred from Col. Arch Roberts' website at www.committeetorestoretheconstitution. We give
credit to the source in the event the website may be discontinued.
Constitution for the Newstates of America
PREAMBLE:
So that we may join in common endeavors, welcome the future in good order, and create an adequate
and self-repairing government - we, the people, do establish the Newstates of America, herein
provided to be our, and do ordain this Constitution whose supreme law it shall be until the time
prescribed for it shall have run.
ARTICLE 1
A. Rights
Section 2. Access to information possessed by government agencies shall not be denied
except in the interest of national security, but communications among officials necessary to
decision making shall be privileged.
Section 3. Public communicators may decline to reveal sources of information, but shall
be responsible for hurtful disclosures.
Section 4. The privacy of individuals shall be respected; searches and seizures shall be
made only on judicial warrant; persons shall be pursued or questioned only for the prevention of
crime or the apprehension of suspected criminals, and only according to rules established by law.
Section 5. There shall be no discrimination because of race, creed, color, origin, or
sex. The Court of Rights and Responsibilities may determine whether selection for various
occupations has been discriminatory.
Section 6. All persons shall have equal protection of the laws, and in all electoral
procedures the vote of every eligible citizen shall count equally with others.
what others?
Section 7. It shall be public policy to promote discussion of public issues and to
encourage peaceful public gatherings for this purpose.
Section 8. The practice of religion shall be privileged; but no religion shall be imposed
by some on others, and none shall have public support.
Section 9. Any citizen may purchase, sell, lease, hold, convey, and inherit real and
personal property, and shall benefit equally from all laws for security in such transactions.
Section 10. Those who cannot contribute to productivity shall be entitled to a share of
the national product; but distribution shall be fair and the total may not exceed the amount for
this purpose held in the National Sharing fund. From each according to his ability and to
each according to his need.
Section 11. Education shall be provided at public expense for those who meet the
appropriate tests of eligibility.
Section 12. No person shall be deprived of life, liberty, or property without due process
of law. No property shall be taken without compensation.
Section 13. All rights and responsibilities defined herein shall extend to such
associations of citizens as may be authorized by law.
what? No free association?
ARCTICLE 2
Section 1. There shall be Newstates each comprising no less than 5% of the whole
population. Existing states may continue and may have the status of Newstates if the Boundary
Commission, herinafter provided, shall so decide. The Commission shall be guided in its
recommendations by the probability of accommodation to the conditions for effective government.
States electing by referendum to continue if the Commission recommend otherwise shall
nevertheless accept all Newstate obligations.
Section 2. The Newstates shall have constitutions formulated and adopted by process
hereinafter prescribed.
Section 3. They shall have Governors, legislatures, and planning, administrative, and
judicial systems. Planning is now a branch of government.
Section 4. Their political procedures shall be organized and supervised by electoral
Overseers; but their elections shall not be in years of presidential election. Big
brother will watch over your elections instead of local authorities.
Section 5. The electoral apparatus of the Newstates of America shall be available to them
, and they may be allotted funds under rules agreed to by the national Overseer; but expenditures
may not be made by or for any candidate except they be approved by the Overseer; and requirements
of residence in a voting district shall be no longer than 30 days. You will not be able to
donate to a candidate of your choice unless Big Brother approves.
Section 6. They the Newstates may charter
subsidiary governments,
urban or rural, and may delegate to
them powers appropriate to their responsibilities.
Section 7. They the Newstates may lay,
or may delegate the laying of,
taxes; but these shall conform
to the restraints stated herinafter for the Newstates of America.
Section 8. They the Newstates may not tax exports, may not tax with intent
to prevent imports, and may not impose any tax forbidden by laws of the Newstates of
America; but the objects appropriate for taxation shall be clearly designated.
Section 9. Taxes on land may be at higher rates than those on its improvements.
Section 10. They the Newstates shall be responsible for the administration of public services not
reserved to the government of the Newstates of America, such activities being concerted with
those of corresponding national agencies, where these exist, under arrangements common to all.
Section 11. The rights and responsibilities prescribed in this Constitution shall be
effective in the Newstates and shall be suspended only in emergency when declared by Governors
and not disapproved by the Senate of the Newstates of America.
Section 12. Police powers of the Newstates shall extend to all matters not reserved
to the Newstates of America; but pre-empted powers shall not be impaired. Federal
government may pre-empt state police powers.
Section 13. Newstates may not enter into any treaty, alliance, confederation or agreement
unless approved by the Boundary Commission herinafter provided.
Section 14. Newstates may not impose barriers to imports from other jurisdictions or
impose any hinderance to citizens' freedom of movement.
Section 15. If governments of the Newstates fail to carry out fully their constitutional
duties, their officials shall be warned and may be required by the Senate, on the recommendation
of the Watchkeeper, to forfeit revenues from the Newstates of America. Withholding
of Federal monies from the states.
ARTICLE 3
Section 1. To arrange for participation by the electorate in the determination of
policies and the selection of officials, there shall be an Electoral Branch. We now
have an Electoral Branch of Government.
Section 2. An Overseer of electoral procedures shall be chosen by majority of the Senate
and may be removed by a 2/3rds vote. It shall be the Overseer's duty to supervise the
organization of national and district parties, arrange for discussion among them, and provide
for the nomination and election of candidates for public office. While in office the Overseer
shall belong to no political organization; and after each presidential election shall offer to
resign.
Section 3. A national party shall be one having had at least a 5% affiliation in the
latest general election; but a new party shall be recognized when valid petitions have been
signed by at least 2% of the voters in each of 30% of the districts drawn for the House of
Representatives. Recognition shall be suspended upon failure to gain 5% of the votes at a
second election, 10% at a third, or 15% at further elections.
Section 4. Recognition by the Overseer shall bring parties within established regulations
and entitle them to common privileges.
Section 5. The Overseer shall promulgate rules for party conduct and shall see that fair
practices are maintained, and for this purpose shall appoint delegates in each district and shall
supervise the choice, in district and national conventions, of party administrators. Regulations
and appointments may be objected to by the Senate.
Section 6. The Overseer, with the administrators and other officials, shall:
Section 7. The Overseer shall also:
Section 8. The Overseer shall also:
Section 9. The Overseer shall also:
Section 10. All costs of electoral procedures shall be paid from public funds, and there
shall be no private contributions to parties or candidates; no contributions or expenditures for
meetings, conventions, or campaigns shall be made; and no candidate for office may make any
personal expenditures unless authorized by a uniform rule of the Overseer; and persons or groups
making expenditures, directly or indirectly, in support of prospective candidates shall and shall conform to his regulations.
Section 11. Expenses of the Electoral Branch shall be met by the addition of 1% to the
net annual taxable income returns of taxpayers, this sum to be held by the Chancellor of
Financial Affairs for disposition by the Overseer.
ARTICLE 4
Section 1. There shall be a Planning Branch to formulate and administer plans and to
prepare budgets for the uses of expected income in pursuit of policies formulated by the process
provided herein.
Section 2. There shall be a National Planning Board of 15 members appointed by the
President; the first members shall have terms designated by the President of 1 to 15 years,
thereafter one shall be appointed each year; the President shall appoint a Chairman who shall
serve for 15 years unless removed by him.
Section 3. The Chairman shall appoint, and shall supervise, a planning administrator,
together with such deputies as may be agreed to by the Board.
Section 4. The Chairman shall present to the Board 6 and 12 year development plans
prepared by the planning staff. They shall be revised each year after public hearings, and
finally in the year before they are to take effect. They shall be submitted to the President
on the 4th Tuesday in July for transmission to the Senate on September 1st with his comments.
Section 5. It shall be recognized that the 6 and 12 year development plans represent
national intentions tempered by the appraisal of possibilities. The 12 year plan shall be a
general estimate of probable progress, both governmental and private; the 6 year plan shall be
more specific as to estimated income and expenditure and shall take account of necessary
revisions.
Section 6. For both plans an extension of 1 year into the future shall be made each year
and the estimates for all other years shall be revised accordingly. For non-governmental
activities, the estimate of developments shall be calculated to indicate the need for enlargement
or restriction. Isn't this called micro-management?
Section 7. If there be objection by the President or the Senate to the 6 or 12 year plans,
they shall be returned for re-study and re-submission. If there still be differences, and if the
President and the Senate agree, they shall prevail. If they do not agree, the Senate shall
prevail and the plan shall be revised accordingly.
Section 8. The Newstates, on June 1st, shall submit proposals for development to be
considered for inclusion in those for the Newstates of America. Researches and administration
shall be delegated, when convenient, to planning agencies of the Newstates.
Section 9. There shall be submissions from private individuals or from organized
associations affected with a public interest, as defined by the Board. They shall report
intentions to expand or contract, estimates of production and demand, probable uses of resources,
numbers expected to be employed, and other essential information.
Section 10. The Planning Branch shall make and have custody of official maps, and these
shall be documents of reference for future developments both public and private; on them the
location of facilities, with extension indicated, and the intended use of all areas shall be
marked out.
Section 11. The Planning branch shall have available to it funds equal to 1/2 of 1% of the
approved national budget (not including debt services or payments from trust funds). They shall
be held by the Chancellor of Financial Affairs and expended according to the rules approved by
the Board; but funds not expended within 6 years shall be available for other uses.
Section 12. Allocations may be made for the planning agencies of the Newstates; but only
the maps and plans of the National Board, or those approved by them, shall have status at law.
Section 13. In making plans, there shall be due regard to the interests of other nations
and such co-operation with their intentions as may be approved by the Board.
Section 14. There may also be co-operation with international agencies and such
contributions to their work as are not disapproved by the President.
ARTICLE 5
Section 1. The President of the Newstates of America shall be the head of government, shaper
of its commitments, expositor of its policies, and supreme commander of its protective forces;
shall have one term of 9 years, unless rejected by 60% of the electorate after 3 years; shall
take care that the nation's resources are estimated and are apportioned to its more exigent
needs; shall recommend such plans, legislation, and action as may be necessary; and shall address
the legislators each year on the state of the nation, calling upon them to do their part for the
general good.
Section 2. There shall be 2 Vice-Presidents elected with the President; at the time of
taking office, the President shall designate 1 Vice-President to supervise internal affairs; and
1 to be deputy for general affairs. The deputy for general affairs shall succeed if the
presidency be vacated; the Vice-President for internal affairs shall be second in succession. If
either Vice-President shall die or be incapacitated, the President, with the consent of the
Senate, shall appoint a successor. Vice-Presidents shall serve during and extended term with
such assignments as the President may make.
Section 3. Responsible to the Vice-President for General Affairs shall be Chancellors of
External, Financial, Legal, and Military Affairs.
Section 4. Responsible to the Vice-President for Internal Affairs there shall be
chancellors of such departments as the President may find necessary for performing the services
of government and are not rejected by a 2/3rds vote when the succeeding budget is considered.
Section 5. Candidates for the presidency and the vice-presidencies shall be natural-born
citizens. Their suitability may be questioned by the Senate within 10 days of their nomination,
and if 2/3rds of the whole agree, they shall be ineligible and a nominating convention shall be
reconvened. At the time of his nomination no candidate shall be a member of the Senate and none
shall be on active service in the armed forces or a senior civil servant.
Section 6. The President may take leave because of illness or for an interval of relief,
and the Vice-President in charge of General Affairs shall act. The President may resign if the
Senate agree; and, if the term shall have more than 2 years to run, the Overseer shall arrange
for a special election for President and Vice-President.
Section 7. The Vice-President may be directed to perform such ministerial duties as the
President may find convenient; but their instructions shall be of record, and their actions shall
be taken as his deputy.
Section 8. Incapacitation may be established without concurrence of the President by a
3/4 vote of the Senate, whereupon a successor shall become Acting President until the disability
be declared, by a similar vote, to be ended or to have become permanent. Similarly the other
Vice-President shall succees if a predecessor die or be disabled. Special elections, in these
contingencies, may be required by the Senate.
Section 9. The Vice-Presidents, together with such other officials as the President may
designate from tiem to time, may constitute a cabinet or council; but this shall not include
officials of other branches.
Section 10. Treaties or agreements with other nations, negotiated under the President's
authority, shall be in effect unless objected to by a majority of the Senate within 90 days. If
they are objected to, the President may resubmit and the Senate reconsider. If a majority still
object, the Senate shall prevail.
Section 11. All officers, except those of other branches, shall be appointed and may be
removed by the President. A majority of the Senate may object to appointments within 60 days,
and alternative candidates shall be offered until it agrees.
Section 12. The President shall notify the Planning Board and the House of Representatives
, on the 4th Tuesday in June, what the maximum allowable expenditures for the ensuing fiscal year
shall be.
Section 13. There shall be a Public Custodian, appointed by the President and removable
by him, who shall have charge of properties belonging to the government, but not allocated to
specific agencies, who shall administer common public services, shall have charge of building
construction and rentals, and shall have other duties as may be designated by the President or
the designated Vice-Presidents.
Section 14. There shall be an Intendant, responsible to the President, who shall supervise
Offices for Intelligence and Investigation; also and Office of Emergency Organization with the
duty of providing plans and procedures for such contingencies as can be anticipated.
Section 15. The Intendant shall also be a counselor for the co-ordination of scientific
and cultural experiments, and for studies within the government and elsewhere, and for this
purpose shall employ such assistance as may be found necessary.
Section 16. Offices for other purposes may be established and may be discontinued by
presidential order within the funds allocated in the procedures of appropriation.
ARTICLE 6
A. The Senate
Section 2. Membership shall continue for life, except that absences not provided for by
rule shall constitute retirement, and that Senators may retire voluntarily.
Section 3. The Senate shall elect as presiding officer and Convener who shall serve for 2
years, when his further service may be discontinued by a majority vote. Other officers,
including a Deputy, shall be appointed by the Convener unless the Senate shall object.
Section 4. The Senate shall meet each year on the 2nd Tuesday in July and shall be in
continuous session, but may adjourn to the call of the Convenor. A quorum shall be more than
3/5ths of the whole membership.
Section 5. The Senate shall consider, and return within 30 days, all measures approved by
the House of Representatives (except the annual budget). Approval or disapproval shall be by
majority vote of those present. Objections shall stand unless the House of Representatives shall
overcome it by a majority vote plus one; it no return be made, approval by the House of
Representatives shall be final.
Section 6. The Senate may ask advice from the Principal Justice concerning the
constitutionality of measures before it; and if this be done, the time for return to the House
of Representatives may extend to 90 days.
Section 7. If requested, the Senate may advise the President on matters of public
interest; or, if not requested, by resolution approved by 2/3rds of those present. There shall
be a special duty to note expressions of concern during party conventions and commitments made
during campaigns; and if these be neglected, to remind the President and the House of
Representatives that these undertakings are to be considered.
Section 8. In time of present or prospective danger caused by cataclysm, by attack, or
by insurrection, the Senate may declare a national emergency and may authorize the President to
take appropriate action. If the Senate be dispersed, and no quorum available, the President
may proclaim the emergency, and may terminate it unless the Senate shall have acted. If the
President be not available, and the circumstances extreme, the senior serving member of the
presidential succession may act until a quorum assembles.
Section 9. The Senate may also define and declare a limited emergency in time of
prospective danger, or of local or regional disaster, of if an extraordinary advantage be
anticipated. It shall be considered by the House of Representatives within 3 days and, unless
disapproved, may extend for a designated period and for a limited area before renewal.
Section 10. The Senate, at the beginning of each session, shall select 3 of its members
to constitute a National Security Committee to be consulted by the President in emergencies
requiring the deployment of the armed forces abroad. If the Committee dissent from the
President's proposal, it shall report to the Senate, whose decision shall be final.
Section 11. The Senate shall elect, or may remove, a National Watchkeeper, and shall
oversee, through a standing committee, Watchkeeping Service conducted according to rules
formulated for their approval. With the assistance of an appropriate staff the Watchkeeper
shall gather and organize information concerning the adequacy, competence, and integrity of
governmental agencies and their personnel, as well as their continued usefulness; and shall also
suggest the need for new or expanded services, making report concerning any agency of the
deleterious effect of its activities on citizens or on the environment.
B. The House of Representatives
Section 2. It shall convene each year on the 2nd Tuesday in July and shall remain in
continuous session except that it may adjourn to the call of a Speaker, elected by majority vote
from among the Representatives-at-large, who shall be its presiding officer.
Section 3. It shall be a duty to implement the provisions of this constitution and, in
legislating, to be guided by them.
Section 4. Party leaders and their deputies shall be chosen by caucus at the beginning
of each session.
Section 5. Standing and temporary committees shall be selected as follows:
Section 6. Approved legislation, not objected to by the Senate within the allotted time,
shall be presented to the President for his approval or disapproval. If the President
disapprove, and 3/4ths of the House membership still approve, it shall become law.
Section 7. The President may have 30 days to consider measures approved by the House
unless they shall have been submitted 12 days previous to adjournment.
Section 8. The House shall consider promptly the annual budget; if there be no objection,
it shall be notified to the Planning Board; the Board shall then resubmit through the President;
and, with his comments, it shall be returned to the House. If there still be objection by a
2/3rds majority, the House shall prevail. Objection must be by whole title; titles not objected
to when voted on shall constitute appropriation.
Section 9. It shall be the duty of the House to make laws concerning taxes.
2. For expenditures from revenues:
3. For fixing the percentage of net corporate taxable incomes to be paid into a National
Sharing Fund to be held in the custody of the Chancellor of Financial Affairs and made available
for such welfare and environmental purposes as are authorized by law.
4. To provide for the regulation of commerce with other nations and among the Newstates,
Possessions, Territories; or, as shall be mutually agreed, with other organized governments;
but exports shall not be taxed; and imports shall not be taxed except on recommendation of the
President at rates whose allowable variation shall have been fixed by law. There shall be no
quotas, and no nations favored by special rates, unless by special acts requiring 2/3rds
majorities.
5. To establish, or provide for the establishment of, institutions for the safekeeping of
savings, for the gathering and distribution of capital, for the issuance of credit, for
regulating the coinage of money, for controlling the media of exchange, and for stabilizing
prices; but such institutions, when not public or semipublic, shall be regarded as affected with
the public interest and shall be supervised by the Chancellor of Financial Affairs.
6. To establish institutions for insurance against risks and liabilities, or to provide
suitable agencies for the regulation of such as are not public.
7. To ensure the maintenance, by ownership or regulation, of facilities for communication,
transportation, and others commonly used and necessary for public convenience.
8. To assist in the maintenance of world order, and, for this purpose, when the President
shall recommend, to vest jurisdiction in international legislative, judicial, or administrative
agencies.
9. To develop with other peoples, and for the benefit of all, the resources of space, of
other bodies in the universe, and of the seas beyond 12 miles from low-water shores unless
treaties shall provide other limits.
10. To assist other peoples who have not attained satisfactory levels of well-being; to
delegate the administration of funds for assistance, whenever possible, to international
agencies; and to invest in or contribute to the furthering of development in other parts of the
world.
11. To assure, or to assist in assuring, adequate and equal facilities for education; for
training in occupations citizens may be fitted to pursue; and to re-educate or re-train those
whose occupations may become obsolete.
12. To establish or to assist institutions devoted to higher education, to research, or
to technical training.
13. To establish and maintain, or assist in maintaining, libraries, archives, monuments,
and other places of historic interest.
14. To assist in the advancement of sciences and technologies; and to encourage cultural
activities.
15. To conserve natural resources by purchase, by withdrawal from use, or by regulation;
to provide, or to assist in providing, facilities for recreation; to establish and maintain
parks, forests, wilderness areas, wetlands, and prairies; to improve streams and other waters;
to ensure the purity of air and water; to control the erosion of soils, and to provide for all
else necessary fo the protection and common use of the national heritage.
16. To acquire property and improvements for public use at costs to be fixed, if
necessary, by the Court of Claims.
17. To prevent the stoppage or hindrance of governmental procedures, or of other
activities affected with a public interest as defined by law, by reason of disputes between
employers and employees, or for other reasons, and for this purpose to provide for conclusive
arbitration if adequate provision for collective bargaining fail. From such finding there may
be appeal to the Court of Arbitration Review; but such procedings may not stay the acceptance of
findings.
18. To support and adequate civil service for the performance of such duties as may be
designated by administrators; and for this purpose to refrain from interference with the process
of appointment or placement, asking advice of testimony bevore committees only with the consent
of appropriate superiors.
19. To provide for the maintenance of armed forces.
20. To enact such measures as will assist families in making adjustment to future
conditions, using estimates concerning population and resources made by the Planning Board.
21. To vote within 90 days on such measures as the President may designate as urgent.
ARTICLE 7
Section 1. There shall be a Regulatory Branch, and there shall be a National Regulator
chosen by a majority vote of the Senate and removable by 2/3rds vote of that body. His term
shall be 7 years, and he shall preside over a National Regulatory Board.
Section 2. The Regulatory Board shall consist of 17 members recommended to the Senate by
the Regulator. Unless rejected by majority vote they shall act with the Regulator as a
lawmaking body for industry. They shall initially have terms of 1 or 17 years, 1 being replaced
each year and serving for 17 years. They shall be compensated and shall have no other occupaton.
Section 3. Under procedures approved by the board, the Regulator shall charter all
corporations or enterprises except those exempted because of size or other characteristics, or
those supervised by the Chancellor of Financial Affairs, or by the Intendant, or those whose
activities are confined to one Newstate. Charters shall describe proposed activities, and
departure from these shall require amendment on penalty of revocation. For this purpose there
shall be investigation and enforcement services under the direction of the Regulator.
Section 4. Chartered enterprises in similar industries or occupations may organize joint
Authorities. These may formulate among themselves codes to ensure fair competition, meet
external costs, set standards for quality and service, expand trade, increase production,
eliminate waste, and assist in standardization. Authorities may maintain for common use services
for research and communication; but membership shall be open to all eligible enterprises.
Non-members shall be required to maintain the same standards as those prescribed for members.
Section 5. Authorities shall have governing committees of 5, two being appointed by the
Regulator to represent the public. They shall serv as he may determine; they shall be
compensated; and he shall take care that there be no conflicts of interest. The board may
approve or prescribe rules for the distribution of profits to stockholders, allowable amounts of
working capital, and reserves. Costing and all other practices affecting the public interest
shall be monitored.
Section 6. Member enterprises of an Authority shall be exempt from other regulation.
Section 7. The Regulator, with his Board, shall fix standards and procedures for mergers
of enterprises or the acquisition of some by others; and these shall be in effect unless rejected
by the Court of Administrative Settlements. The purpose shall be to encourage adaptation to
change and to further approve intentions for the nation.
Section 8. The charters of enterprises may be revoked and Authorities may be dissolved by
the Regulator, with the concurrence of the Board, if they restrict the production of goods and
services, or controls of their prices; also if external costs are not assessed to their
originators or if the ecological impacts of their operations are deleterious.
Section 9. Operations extending abroad shall conform to policies notified to the Regulator
by the President; and he shall restrict or control such activities as appear to injure the
national interest.
Section 10. The Regulator shall make rules for and shall supervise marketplaces for goods
and services; but this shall not include security exchanges regulated by the Chancellor of
Financial Affairs.
Section 11. Designation of enterprises affected with a public interest, rules for conduct
of enterprises and of their Authorities, and other actions of the Regulator or of the Board may
be appealed to the Court of Administrative Settlements, whose judgements shall be informed by the
intention to establish fairness to consumer and competitors and stability in economic affairs.
Section 12. Responsible also to the Regulator, there shall be an Operations Comission
appointed by the Regulator, unless the Senate object, for the supervision of enterprises owned
in whole or in part by government. The commission shall choose its chairman, and he shall be
the executive head of a supervisory staff. He may require reports, conduct investigations, and
make rules and recommendations concerning surpluses or deficits, the absorbtion of external
costs, standards of service, and rates or prices charged for services or goods.
ARTICLE 8
Section 1. There shall be a Principal Justice of the Newstates of America; a Judicial
Council; and a Judicial Assembly. There shall also be a Supreme Court and a High Court of
Appeals; also Courts of Claims, Rights and Duties, Administrative Review, Arbitration
Settlements, Tax Appeals, and Appeals from Watchkeeper's Findings. There shall be Circuit
Courts to be of first resort in suits brought under national law; and they shall hear appeals
from courts of the Newstates.
Section 2. The Principal Justice shall preside over the judicial system, shall appoint
the members of all national courts, and, unless the Judicial Council object, shall make its
rules; also, through an Administrator, supervise its operations.
Section 3. The Judicial Assembly shall consist of Circuit Court Judges, together with
those of the High Courts of the Newstates of America and those of the highest courts of the
Newstates. It shall meet annually, or at the call of the Principal Justice, to consider the
state of the Judiciary and such other matters as may be laid before it.
Section 4. The Principal Justice, unless the Senate object to any, shall appoint a
Judicial Council of 5 members to serve during his incumbency. He shall designate a senior member
who shall preside in his absence.
Section 5. The Principal Justice shall have a term of 11 years; but if at any time the
incumbent resign to be disabled from continuing in office, as may be determined by the Senate,
replacement shall be by the senior member of the Judicial Council until a new selection be made.
After 6 years the Assembly may provide, by a 2/3rds vote, for discontinuance in office, and a
successor shall then be chosen.
Section 6. The Principal Justice may suspend members of any court for incapacity or
violation of rules, and the separation shall be final if a majority of the Council agree.
Section 7. A presiding judge may decide, with the concurrence of the senior judge, that
there may be pretrial proceedings, that criminal trials shall be conducted by either
investigatory or adversary proceedings, and whether there shall be a jury and what the number
of jurors shall be; but investigatory proceedings shall require a bench of 3.
Section 8. In deciding on the concordance of statutes with the Constitution, the Supreme
Court shall return to the House of Representatives such as it cannot construe. If the House fail
to make return within 90 days the Court may interpret.
Section 9. The Principal Justice, or the President, may grant pardons or reprieves.
Section 10. The High Courts shall have 13 members; but 9 members, chosen by their senior
justices from time to time, shall constitute a court. The justices on leave shall be subject to
recall.
Section 11. The Principal Justice, with the Council, may advist the Senate, when
requested, concerning the appropriateness of measures approved by the House of Representatives;
and may also advise the President, when requested, on matters he may refer for consultation.
Section 12. It shall be for other branches to accept and to enforce judicial decrees.
Section 13. The High Court of Appeals may select applications for further consideration
by the Supreme Court, of decisions reached by other courts, including those of Newstates. If it
agree that there be a constitutional issue it may make preliminary judgement to be reviewed
without hearing, and finally, by the Supreme Court.
Section 14. The Supreme Court may decide:
Section 15. The Courts of the Newstates shall have initial jurisdiction in cases arising
under their laws except those involving the Newstate itself or those reserved for national courts
by a rule of the Principal Justice with the Judicial Council.
ARTICLE 9
Section 1. Qualification for participation in democratic procedures as a citizen, and
eligibility for office, shall be subject to repeated study and redefinition; but any change in
qualifications of eligibility shall become effective only if not disapproved by the Congress.
Section 2. Areas necessary for the uses of government may be acquired at its valuation
and may be maintained as the public interest may require. Such areas shall have self-government
in matters of local concern.
Section 3. The President may negotiate for the acquisition of areas outside the Newstates
of America, and, if the Senate approve, may provide for their organization as Possessions or
Territories.
Section 4. The President may make agreements with other organized peoples for a relation
other than full membership in the Newstates of America. They may become citizens and may
participate in the selection of officials. They may receive assistance for their development or
from the National Sharing Fund if they conform to its requirements; and they may serve in
civilian or military services, but only as volunteers. They shall be represented in the House
of Representatives by members elected at large, their number proportional to their
constituencies; but each shall have at least 1; and each shall in the same way choose 1 permanent
member of the Senate.
Section 5. The President, the Vice-Presidents, and members of the legislative houses shall
in all cases except treason, felony, and breach of peace be exempt from penalty for anything
they may say while pursuing public duties; but the Judicial Council may make restraining rules.
Section 6. Except as otherwise provided by this Constitution, each legislative house shall
establish its requirements for membership and may make rules for the conduct of members,
including conflicts of interest, providing its own disciplines for their infraction.
Section 7. No Newstate shall interfere with officials of the Newstates of America in the
performance of their duties, and all shall give full faith and credit to the Acts of other
Newstates and of the Newstates of America.
Section8. Public funds shall be expended only as authorized in this Constituion.
ARTICLE 10
Section 1. Officers of the Newstates of America shall be those named in this Constituion,
including those of the legislative houses and others authorized by law to be appointed; they
shall be compensated, and none may have other paid occupations unless they be excepted by law;
none shall occupy more than one position of government; and no gift or favor shall be accepted
if an any way related to official duty.
Section 2. The President, the Vice-Presidents, and the Principal Justice shall have
households appropriate to their duties. The President, the Vice-Presidents, the Principal
Justice, the Chairman of the Planning Board, the Regulator, the Watchkeeper, and the Overseer
shall have salaries fixed by law and continued for life; but if they become members of the
Senate, they shall have senatorial compensation and shall conform to senatorial requirements.
Section 3. Unless otherwise provided herein, officials designated by the head of a branch
as sharers in policymaking may be appointed by him Who him? with the President's
concurrence and unless the Senate shall object.
Section 4. There shall be administrators:
Section 5. The fiscal year shall be the same as the calendar year, with new appropriations
available at its beginning.
Section 6. There shall be an Officials' Protective Service to guard the President, the
Vice-Presidents, the Principal Justice, and other officials whose safety may be at hazard; and
there shall be a Protector appointed by and responsible to a standing committe of the Senate.
Protected officials shall be guided by procedures approved by the committee.
Section 7. A suitable contingency fund shall be made available to the President for
purposes defined by law.
Section 8. The Senate shall try officers of government other than legislators when such
officers are impeached by a 2/3rds vote of the House of Representatives for conduct prejudicial
to the public interest. If Presidents or Vice-Presidents are to be tried, the Senate, as
constituted, shall conduct the trial. Judgements shall not extend beyond removal from office and
disqualification from holding further office; but the convicted official shall be liable to
further prosecution.
Section 9. Members of legislative houses may be impeached by the Judicial Council; but for
trials it shall be enlarged to 17 by Justices of the High Courts appointed by the Principal
Justice. If convicted, members shall be expelled and be ineligible for future public office;
and they shall also be liable for trial as citizens.
ARTICLE 11
Section 1. It being the special duty of the Judicial Council to formulate and suggest
amendments to this Constitution, it shall, from time to time, make proposals, through the
Principal Justice, to the Senate. The Senate, if it approve, and if the President agree, shall
instruct the Overseer to arrange at the next national election for submission of the amendment
to the electorate. If not disapproved by a majority, it shall become part of this Constituion.
If rejected, it may be restudied and a new proposal submitted.
Section 2. When this Constitution shall have been effect for 25 years, the Overseer shall
ask, by referendum, whether a new Constitution shall be prepared. If a majority so decide, the
Council, making use of such advice as may be available, and consulting those who have made
complaint, shall prepare a new draft for submission at the next election. If not disapproved by
a majority, it shall be in effect. If disapproved it shall be redrafted and resubmitted with
such changes as may be then appropriate to the circumstances, and it shall be submitted to the
voters at the following election.
ARTICLE 12
Section 1. The President is authorized to assume such powers, make such appointments, and
use such funds as are necessary to make this Constitution effective as soon as possible after
aceptance by a referendum he may initiate.
Section 2. Such members of the Senate as may be at once available shall convene and, if
at least half, shall constitute sufficient membership while others are being added. They shall
appoint an Overseer to arrange for electorial organization and elections for the offices of
government; but the President and Vice-Presidents shall serve out their terms and then become
members of the Senate. At that time the presidency shall be constituted as provided in this
Constitution.
Section 3. Until each indicated change in the government shall have been completed, the
provisions of the existing Constitution and the organs of government shall be in effect.
Section 4. All operations of the national government shall cease as they are replaced by
those authorized under this Constitution.
Section 5. For establishing Newstates boundaries a commission of 13, appointed by the
President, shall make recommendations within 1 year. For this purpose the members may take
adivce and commission studies concerning resources, population, transportation, communication,
economic and social arrangements, and such other conditions as may be significant. The President
shall transmit the commission's report to the Senate. After entertaining, if convenient,
petitions for revision, the Senate shall report whether the recommendations are safisfactory but
the President shall decide whether they shall be accepted or shall be returned for revision.
Section 6. Constitutions of the Newstates shall be established as arranged by the Judicial
Council and the Principal Justices. These procedures shall be as follows:
Section 7. Until Governors and legislatures of the Newstates are seated, their governments
shall continue, except that the President may appoint temporary Governors to act as executives
until succeeded by those regularly elected. These Governors shall succeed to the executive
function of the states as they become one of the Newstates of America.
Section 8. The indicated appointments, elections, and other arrangements shall be made
with all deliberate speed.
Section 9. The first Judicial Assembly for selecting a register of candidates for the
Principal Justiceship of the Newstates of America shall be called by the incumbent Chief Justice
immediately upon ratification.
Section 10. Newstates electing by referendum not to comply with recommendations of
the Boundary Commission, as approved by the Senate, shall have deducted from taxes collected by
the Newstates of America for transmission to them a percentage equal to the loss in efficiency
from failure to comply.
Section 11. When this Constitution has been implemented the President may delete by
proclamation appropriate parts of this article. ************ |