"BEHOLD A PALE HORSE"
Milton William Cooper
CHAPTER 13
TREASON IN HIGH
PLACES
The United Nations Treaty
and
The United Nations Participation Act vs.
The Sovereignty
of the United States of America
At the conclusion of the Constitutional Convention
in September 1787, Benjamin Franklin was asked,
"What have you wrought?"
He answered,
"...a Republic, if you can keep it."
The United States Constitution
Article VI
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 Confederation.
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; and the Judges in every State shall be bound thereby, any Thing in
the Constitution or Laws of any State to the Contrary notwithstanding.
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.
HAVE WE ALREADY JOINED
A ONE-WORLD
GOVERNMENT?
U.S. Sovereignty — Fact or Fiction?
The Executive, Judicial and Legislative Branches of the U.S. Government
have followed the policy that the United Nations Treaty approved
under the U.N. Participation Act of 1945 in behalf of the United States of
America by Harry S. Truman and the United States Senate, which treaty
supersedes the United States Constitution under the terms of Article VI of
the United States Constitution.
The Council of Foreign Relations created the United Nations. Their
member agents, Alger Hiss and Leo Pasvolsky did the paperwork, but the
honors went to a special committee appointed by President Roosevelt to
draw the first draft of the Charter.
The members of the Committee were: Sumner Wells, Isaiah Bowman,
Hamilton Fish Armstrong, Benjamin Cohen, and Clark Eichelberger — all
members of the Council on Foreign Relations and members of a secret
Order of the Quest called the JASON Society.
The Charter was rushed through the U.S. Senate without printed
copies to guide the Senators: it was EXPLAINED to them by Russian-born
revolutionary Leo Pasvolsky.
The Charter conferred no real power on the General Assembly; all the
power was in the Security Council where the VETO was. The Senate would not have ratified the Charter except that the American delegation
had a right to VETO if our interests were threatened by action of other
members.
Included in this Charter was and is ARTICLE 25: "Member nations
agree to ACCEPT and CARRY OUT the decisions of the Security Council in
accordance with the PRESENT CHARTER/'
No restrictions, no reservations. This is ALL of Article 25. Note the
word "present," indicating that there might be OTHER charters. The
VETO was a hindrance to World Government — it had to be circumvented.
In 1950 the General Assembly, without any legal authority, met and
adopted what they named the "UNITING FOR PEACE" RESOLUTION.
This, greatly expanded since that time, permitted THE GENERAL ASSEMBLY
to EXERCISE THE POWERS OF THE SECURITY COUNCIL. I
bet you didn't know that. The Government of the United States recognizes
the illegally amended Charter as the "law of the world," overriding our
Constitution. The General Assembly has for years been making the law of
the world by RATIFYING RESOLUTIONS BY A 2/3 MAJORITY VOTE.
When the Resolution is ratified it is sent down to the CHIEF EXECUTIVE
OF THE MEMBER STATE and the EXECUTIVE IS OBLIGED TO ACCEPT
AND CARRY OUT the provisions in the resolution.
The governments concerned must IGNORE, ABOLISH, REVISE AND
RESCIND LAWS in their territories which conflict with the resolutions of
the General Assembly, and to PASS OTHER LAWS WHICH WILL PUT
THESE RESOLUTIONS INTO FORCE. "One man, one vote" comes
through Resolution No. 1760.
There are more than 2000 of these resolutions now in effect. THEY
ARE THE LAW OF THE LAND. Our civil rights laws (the ex-post facto
sections of which come from the Nuremberg Resolutions), our agricultural
laws, our health and welfare laws, our labor laws, our foreign aid laws —
all come from resolutions of the General Assembly or treaties of the U.N.
ratified by our Senate.
Any law passed in your state will be rescinded or abolished if it is in
conflict with resolutions of the General Assembly.
I can tell you, with no reservations whatsoever, that all of the intelligence
organizations of the United States work directly for the United
Nations in concert with the Secret Government toward the sole purpose of
the destruction of the sovereignty of the United States of America and the
bringing about of the one-world government. The authority cited for their
efforts is ARTICLE VI of the Constitution, the United Nations Treaty, and
the U.N. Participation Act of 1949 signed by Harry S. Truman with the
advice and consent of the U.S. Senate.
This should help you understand how our laws are being made and
who is making them! ASK YOUR SENATORS, CONGRESSMEN AND
STATE LEGISLATORS IF THEY ARE AWARE OF THESE FACTS.
The following statement was made by Mr. Carl B. Rix of Milwaukee,
former president of the American Bar Association, before a Senate subcommittee
which was hearing testimony on the proposed Bricker Amendment.
It was entered into the House Record by Hon. Lawrence H. Smith, Wisconsin,
on May 11,1955.
CONGRESSIONAL RECORD (page A3220)
Statement of Carl B. Rix, Milwaukee, Wisconsin:
I appear in favor of the amendments.
Congress is no longer bound by its constitutional system of delegated
powers. Its only test is under the obligatory power to promote human
rights in these fields of endeavor: Civil, political, economic, social and
cultural. These are found in Articles 55 and 56 of the Charter of the United
Nations, a ratified and approved treaty. They are being promoted in all
parts of the world by the United Nations.
Congress may now legislate as an uninhibited body with no shackles
of delegated powers under the Constitution. Our entire system of a
government of delegated powers of Congress has been changed to a system of non delegated powers without amendment by the people of the
United States.
The authority for these statements is found in a volume entitled Constitution
of the United States of America, Annotated, issued in 1953, prepared
under the direction of the Judiciary Committee of the Senate of the United
States and under the chairmanship of Prof. Edward S. Corwin of Princeton,
aided by the legal staff of the Library of Congress. This is the conclusion on
page 427 of the Annotations: "In a word, the treaty power cannot purport
to amend the Constitution by adding to the list of Congress' enumerated
powers, but having acted, the consequence will often be that it has
provided Congress with an opportunity to enact measures which, independently
of a treaty, Congress could not pass, and the only question that
can be raised as to such measures will be whether they are 'necessary and
proper' measures for the carrying of the treaty in question into operation."
It will be noted that one of the principal cases cited is that of the
Migratory Bird case.
These conclusions are those also of a committee of the New York State
Bar Association, of which former Attorney General Mitchell and Mr. John
W. Davis were prominent members.
Now, for some practical illustration of new-found powers under treaties of what Congress may do:
1. It may enact a comprehensive education bill, providing for education
in any State which does not provide it. In fact, it may take over all
public education now provided by States and municipalities.
2. It may enact a prohibition act without an amendment of the Constitution.
3. It may enact a uniform divorce act.
4. It may take over all social and welfare services rendered by or
through the States or their agencies.
5. It may take over all commerce, all utility rates and service, all labor.
The list may be multiplied extensively at your will.
The new test of constitutionality will apply to all legislation by Congress
since 1945, which deals with any of the five fields of endeavor. Any
judge deciding on the validity of legislation must have two books before
him — one, the Constitution of the United States, and the other, the Charter
of the United Nations. If he does not find authority for the act in the
Constitution, he will find it in the Charter. That is the exact situation in
which Justice Holmes found himself and the other members of the
Supreme Court when they decided the Migratory Bird case. The authority
was not found in the Constitution — it was found in the treaty with Great
Britain.
The question to be answered is this: Under which form of government
do the people of the United States prefer to live? Manifestly, we cannot
operate under both.
Senators, the people of the United States have given up their sons; they
have given up billions of their substance. They should not be the only
Nation in the world to give up their form of government — the wonder of
the world — to discharge their obligations to the people of the world.
THE BRICKER AMENDMENT, WHICH WOULD HAVE CHANGED THIS,
WAS NOT PASSED.
A LETTER TO THE EDITOR
Borger, Texas News Herald
Sunday, November 11,1962
Dear Mr. Newby:
Replying to your letter Oct. 12th, also CHALLENGE for November,
1961: quoting Patrick Henry on treaties. In the first place Patrick Henry
was and is NO AUTHORITY on either treaties or the Constitution, and he
opposed it, IF it is too late to do anything about reinstating our Constitution, then why not just accept the traitorous U.N. Charter-Treaty without
more ado? Why didn't the American Revolutionists think it too late or too
difficult to defend their Liberty? And IF the highly-intelligent framers of
the Constitution "were well aware of the deathtrap incorporated in ARTICLE
VI," why then did they so frame it? Did they not expect PATRIOTS,
rather than Treasonists as our elected officials, to HONOR AND ENFORCE
the spirit, letter, and intent of the Constitution?
I note you say that according to a law dictionary, the terms "legal" and
"lawful" are almost one and the same. Agreed! "Almost," but not quite. I
believe there is a fine point of difference. Taking us into the U.N. may
SEEM to have been done legally (by the President and Senate), but the act
is still unlawful, because it is unconstitutional, and the CONSTITUTION IS
THE SUPREME LAW OF THE LAND. All renowned and genuine Constitutional
experts (such as Thos. M. Cooley, Thos. Jas. Norton, and Harry
Atwood, to name several) have always held that anything which contravenes,
diminishes, or perverts the Constitution is null and void and of
no effect.
Neither the President or Senate has authority or power to change,
diminish, or destroy the Constitution "by usurpation," treaty, or otherwise:
only a Constitutional Amendment can lawfully change it.
The Constitution is a contract that WE THE PEOPLE of the USA made
with one another, which sets up the machinery of government to carry out
this contract —mainly for the purpose of PROTECTING INDIVIDUAL
RIGHTS as well as STATE RIGHTS, AGAINST THE POWERS OF
GOVERNMENT: and no public official has a right to override the
provisions of that contract. To quote Thos. Jas. Norton's Constitution of the
United States, Its Application, etc., "A law of Congress to be one of the
supreme laws must be 'made in pursuance thereof and not in conflict with
the Constitution. When not made in pursuance thereof it is of course
unconstitutional and of no effect." And the same would similarly apply to
a wonderful decision rendered by the Supreme Court or an unlawful
Treaty.
And from Norton's Undermining the Constitution, which quotes
Alexander Hamilton in No. 33 of The Federalist: "It will not, I presume,
have escaped observation that it expressly confines the supremacy to laws
made pursuant to the Constitution" (emphasis by Hamilton). And from
page 21, "The General Government can claim no powers which are not
granted to it by the Constitution, and the powers actually granted must be
such as are expressly given, or given by necessary implication."
Anyone with the presumed intelligence to be President of the USA
must know that he cannot lawfully make any such far-reaching treaty with the United Nations, or any other foreign power, as you envision by your
language, without laying himself open to the charge of TREASON under
ARTICLE III, Section 3 of the Constitution. Just ordinary common sense is
required to know that our alleged Treaty with the U.N. and acceptance of
the all-inclusive terms of its Charter by our Presidents (beginning with
FDR, who connived with Stalin at Yalta for the setting up of the U.N. in the
USA) and our Senate, is a violation of their sacred oath of office as per
ARTICLE III, Section 2 of the Constitution.
Such a Treaty makes a mockery of any genuine allegiance to OUR Flag
and Constitution. A genuine American, Abraham Lincoln, said, "Worse
than traitors-in-arms are the men who, pretending loyalty to the Flag, feast
and fatten on the misfortunes of the nation." Think of any TRUTH more
applicable to the present time?
A number of our officials, including former Secretary of State Dean
Acheson, the late John Foster Dulles, and members of our present one world
Kennedy entourage go along with the statement that the USA now
has NO "domestic" affairs: there has been a melding of our domestic and
foreign affairs! (Meld means to merge.)
Katanga Province in the Congo thought she had some private affairs
and rights, but the U.N. soon disillusioned her. Quote from S.L. Tribune for
September 14,1961: "U.N. Soldiers Take Over in Katanga. U.N. troops
seized Katanga's capital, Elisabethville, in a brisk battle Wednesday, and
the Congo's central government proclaimed the return of that secessionist
province." There is no doubt that the President of the USA and Senate have
surrendered certain of our rights and Sovereignty to the U.N., and plan still
more.
Any informed American is aware that ARTICLE IV, Section 4, of the
Constitution automatically cancels out any allegiance to the U.N. and its
alien one-world Internationalism, the antithesis of Constitutional
Americanism founded on Washington's "NO foreign entanglements."
And that said republican representative form of government is the exact
opposite of the U.N. Charter's Soviet-initiated modifications, restrictions,
and reservations in its various "Conventions" which would nullify our Bill
of Rights. Stalin, his protege, Alger Hiss, and Russian Communist Pasvolsky
figured largely in the writing of the U.N. Charter.
To assume that a heterogeneous body composed of appointed representatives
of foreign governments (some from crude cannibalistic so-called
"States" and others, from virulently atheistic Communist States) — which
Governments DO NOT REPRESENT "We the American People" — could
exercise dictation and control over U.S. is monstrous in the extreme. Lawfully
or constitutionally, they may not enforce any provisions of the U.N. Charter against us, or take any action whatever affecting the Sovereign
Rights of American Citizens.
Further, the United Nations is not a lawful government in the accepted
sense of the term and is not a proper body with which to make a treaty.
Actually, the U.N. has NO valid binding treaty-making power — except as
the subversive one-worlds try to make it so. Quoting Norton's Constitution
of the United States, at page 14: "A treaty is a written contract between
two governments (not a motley assembly of unstable tribes, or enslaved
peoples calling themselves a 'government') respecting matters of mutual
welfare, such as peace, the acquisition of territory, the defining of boundaries,
the needs of trade, rights of citizenship..." etc.
And such treaties, even though "legally made," MAY be abrogated for
cause. Quoting ibid, p. 115: "A precedent for thus abrogating a treaty made
by the President and approved by the Senate may be found as far back as
July 7, 1789, when Congress passed 'An Act to Declare the Treaties
heretofore concluded with France no longer obligatory on the United States
because they have been repeatedly violated on the part of the French
government." So what about all the violations of the treaties or agreements
made by the USSR, which dominates the U.N.? The USA is vastly
outvoted in this motley aggregation called the United Nations, even as
American taxpayers foot most of the bills, which constitutes Constitutionally
forbidden confiscation of the citizens' money (property) without just
compensation therefore. This is merely communistic confiscation.
A Treaty made "pursuant to the Constitution" becomes A PART of the
LAW OF THE LAND, and should be honored; but it does NOT become
"Supreme" or take precedence over nor supersede the Constitution. It is
NOT the "Law of the Land" standing alone. And NO Treaty or Executive
Agreement is binding on the USA if made by the President alone (as has
been done) with the advice and consent of the Senate, nor if it violates the
Constitution.
Actually, ARTICLE VI, instead of setting Treaties on high or being a
"death trap," is a statement of the SUPREMACY OF THE CONSTITUTION
and of the NATIONAL GOVERNMENT. Lawful Treaties are a part
of, but subordinate to, the Constitution for the simple stated provision
therein that ALL laws and treaties must be made "in pursuance thereof."
Can the "creature" (or a part) become greater than its CREATOR, or
the whole??? Some American common sense is necessary in all this blather
about the supremacy of treaties, which is promulgated largely by the
one-worlds to discredit or diminish the Constitution so they can achieve
their own ends.
The language and intent of the Constitution and of ARTICLE VI is clear and forthright, and does not admit, in good faith, of any other interpretation.
But sadly enough, it is well known that many of our highest
judiciary and elected officials — in this era of TREASON, not Reason — do
not act in good faith nor in "pursuance of the Constitution."
With reference to fourth paragraph your letter Oct. 12th, Mr. Newby,
that the "making of treaties is without limitation, exception or reservation"
and that "no treaty has ever been declared unconstitutional or invalidated
or repealed by the Courts or Congress in the history of this nation," I think
that the foregoing invalidates your statement.
And as to ARTICLE VI being a "deathtrap" over which the Constitution
gives no control or remedy other than its explicit language in VI
regarding the law and treaties: has it occurred to you that the Supreme
Court has power and authority to rule on the constitutionality of treaties
the same as on the constitutionality of any other law — treaties being
merely "part of the Law of the Land"? ARTICLE III, Section 2 explicitly
states: "The Judicial power shall extend to all cases, in Law and Equity,
arising under this Constitution, the Laws of the United States, and treaties
made, or which shall be made, under their authority." To quote Norton's
Constitution of the United States, page 137: "When a case arises in a State
court and involves a question of the Constitution, or an Act of Congress, or
of a treaty, it is the duty of the court to follow and enforce the National Constitutional law; for the Constitution explicitly and emphatically requires
that the 'judges in every State shall be bound thereby, anything in
the Constitution or laws of any State to the contrary notwithstanding.'"
Any time that the President and Senate make a treaty with a foreign
power (such as the U.N.) which infringes upon or abrogates rights guaranteed
citizens of the USA under the Constitution, the Supreme Court can
declare such treaty unconstitutional, void, and of no effect. Of course, the
present Supreme Court, being composed of political radicals rather than
judicial Constitutional experts, is not likely to take such action — unless
forced to do so by public opinion and demand.
And so, with reference to your statement in printed CHALLENGE for
November, 1961, to the effect that, "under ARTICLE II, Section 2, clause 2
of the Constitution...such treaty (as with the U.N.) can be made without
restriction, limitation, exception or reservation irrespective of the fact that
it contravenes, violates, infringes or alienates every article of the Constitution.
All that is necessary is for the President and Senate to ratify ANY
treaty and it is in force." The above article and clause likewise does not
stand alone, but must be construed in the light of the entire Constitution.
YOUR interpretation is not only to make idiots of the Founding Fathers
and Framers of the Constitution, but to say that regardless of the solemn Presidential oath of allegiance required by ARTICLE III, Section 2a, regardless
of the SUPREME SOVEREIGNTY of the U.S. Constitution, and in
violation of the explicit language contained in ARTICLE VI, i.e., "THIS
CONSTITUTION, and the laws of the United States which shall be made in
pursuance thereof; and all treaties...under the authority of the United
States...," as well as all authoritative rulings by genuine Constitutional
authorities to the effect that anything which contravenes the Constitution
of the USA is null and void, including any such acts by the Congress;
despite all of the foregoing. I reiterate that YOUR interpretation would
claim that there is absolutely NO constitutional safeguard for the American
People against TREASONOUS treaties (which "gives aid and comfort to
our enemies" as per ARTICLE III, Section 3).
YOUR interpretation would give complete IMMUNITY to the
maker...of such treaties and would constitute "changing the Constitution
by usurpation" in violation of the intent, spirit, AND letter of the Constitution
as a whole.
The President obviously is NOT a "free agent" by virtue of ARTICLE
II, Section 2, clause 2, to make any sort of treaty he would like, but is
BOUND DOWN by the chains of the entire Constitution. Nothing else
makes any sense. His treaty-making acts are subject to review by the
Courts.
True, we SHOULD DEMAND rescinding of the action by both Senate
and Harry S. Truman in signing the U.N. Participation Act of 1945 in behalf
of the USA. This would put the World on notice that we were once more
HONORING OUR OWN CONSTITUTION (CHARTER OF FREEDOM)
AS THE SUPREME LAW OF THE LAND, AND REINSTATING IT TO ITS
FORMER PROPER SUPREME POSITION: as well as reclaiming our
Sovereignty as an Independent Republic in accordance with our Declaration
of Independence.
There is not nor ever will be any true Peace, Freedom, Safety or
Security for the American People under the alien U.N. Charter.
There is "NO SUBSTITUTE" for American Independence.
Many men
have died and "worms have eaten them" for a far lesser Cause.
And so, Mr. Newby, you and I do have one primary objective in view:
GET THE U.S. OUT OF THE U.N., AND THE SUBVERSIVE U.N. OUT OF
THE USA!
Most sincerely yours,
Marilyn R. Allen
I guess that just about covers the U.N. Charter vs. U.S. sovereignty hoax. No
one should ever be able to bullshit you on this issue again. Your job now is to
make sure your Congressmen and Senators are educated on this issue.
GET TO WORK — NOW!
Chapter 14
A PROPOSED
CONSTITUTIONAL
MODEL FOR THE
NEW STATES OF
AMERICA
Prepared Over a 10-Year Period
by
the
Center for Democratic Studies
of
Santa Barbara, California,
at a
Total Cost to the
United States
Taxpayers of
Over $25 Million
A PROPOSED CONSTITUTIONAL MODEL FOR THE NEW STATES 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 New states of America, herein provided
to be ours, and do ordain this Constitution whose supreme law it shall be until the time prescribed for it
shall have run.
ARTICLE I
Rights and Responsibilities
A. Rights
SECTION 1. Freedom of expression, of communication, of movement, of assembly, or of petition
shall not be abridged except in declared emergency.
SECTION 2. Access to information possessed by governmental agencies shall not be denied except in
interest of national security; but communications among officials necessary to decision making shall be
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 under 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.
SECTION 7. It shall be public policy to promote discussion of public issues and to encourage peaceful
public gatherings for this purpose. Permission to hold such gatherings shall not be denied, nor shall
they be interrupted, except in declared emergency or on a showing of imminent danger to public order
and on judicial warrant.
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.
SECTION 11. Education shall be provided at public expense for those who meet 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. Legislatures shall define crimes and conditions requiring restraint, but confinement
shall not be for punishment; and, when possible, there shall be preparation for return to freedom.
SECTION 14. No person shall be placed twice in jeopardy for the same offense.
SECTION 15. Writs of habeas corpus shall not be suspended except in declared emergency.
SECTION 16. Accused persons shall be informed of charges against them, shall have a speedy trial,
shall have reasonable bail, shall be allowed to confront witnesses or to call others, and shall not be
compelled to testify against themselves; at the time of arrest they shall be informed of their right to be
silent and to have counsel, provided, if necessary, at public expense; and courts shall consider the
contention that prosecution may be under an invalid or unjust statue.
B. Responsibilities
SECTION 1. Each freedom of the citizen shall prescribe a corresponding responsibility not to diminish
that of others: of speech, communication, assembly, and petition, to grant the same freedom to others;
of religion, to respect that of others; of privacy, not to invade that of others; of the holding and disposal
of property, the obligation to extend the same privilege to others.
SECTION 2. Individuals and enterprises holding themselves out to serve the public shall serve all
equally and without intention to misrepresent, conforming to such standards as may improve health and welfare.
SECTION 3. Protection of the law shall be repaid by assistance in its enforcement; this shall include
respect for the procedures of justice, apprehension of lawbreakers, and testimony at trial.
SECTION 4. Each citizen shall participate in the processes of democracy, assisting in the selection
of officials and in the monitoring of their conduct in office.
SECTION 5. Each shall render such services to the nation as may be uniformly required by law,
objection by reason of conscience being adjudicated as hereinafter provided; and none shall expect or
may receive special privileges unless they be for a public purpose defined by law.
SECTION 6. Each shall pay whatever share of governmental costs is consistent with fairness to all.
SECTION 7. Each shall refuse awards or titles from other nations or their representatives except as
they be authorized by law.
SECTION 8. There shall be a responsibility to avoid violence and to keep the peace; for this reason
the bearing of arms or the possession of lethal weapons shall be confined to the police, members of the
armed forces, and those licensed under law.
SECTION 9. Each shall assist in preserving the endowments of nature and enlarging the inheritance
of future generations.
SECTION 10. Those granted the use of public lands, the air, or waters shall have a responsibility for
using these resources so that, if irreplaceable, they are conserved and, if replaceable, they are put back
as they were.
SECTION 11. Retired officers of the armed forces, of the senior civil service, and of the Senate shall
regard their service as a permanent obligation and shall not engage in enterprise seeking profit from the
government.
SECTION 12. The devising or controlling of devices for management or technology shall establish
responsibility for resulting costs.
SECTION 13. All rights and responsibilities defined herein shall extend to such associations of
citizens as may be authorized by law.
ARTICLE II
The Newstates
SECTION 1. There shall be New states, each comprising no less than 5 percent of the whole
population. Existing states may continue and may have the status of New states if the Boundary
Commission, hereinafter 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
except all New state obligations.
SECTION 2. The New states shall have constitutions formulated and adopted by processes
hereinafter prescribed.
SECTION 3. They shall have Governors; legislatures, and planning administrative and
judicial systems.
SECTION 4. Their political procedures shall be organized and supervised by electoral Overseers; but
their elections shall not be in years of presidential election.
SECTION 5. The electoral apparatus of the New states 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 for any candidate except they be approved by the Overseer; and requirements of residence
in a voting district shall be no longer than thirty days.
SECTION 6. They may charter subsidiary governments, urban or rural, and may delegate to them
powers appropriate to their responsibilities.
SECTION 7. They may lay, or may delegate the laying of, taxes; but these shall conform to the
restraints stated hereinafter for the New states of America.
SECTION 8. They may not tax exports, may not tax with intent to prevent imports, and may not
impose any tax forbidden by laws of the New states 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 shall be responsible for the administration of public services not reserved to the
government of the New states 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
New states and shall be suspended only in emergency when declared by Governors and not disapproved by the Senate of the New states of America.
SECTION 12. Police powers of the New states shall extend to all matters not reserved to to the
New states of America; but preempted powers shall not be impaired.
SECTION 13. New states may not enter into any treaty, alliance, confederation, or agreement unless
approved by the Boundary Commission hereinafter provided.
They may not coin money, provide for the payment of debts in any but legal tender, or make any
charge for inter-New state services. They may not enact ex post facto laws or ones impairing the
obligation of contracts.
SECTION 14. New states may not impose barriers to imports from other jurisdictions or impose any
hindrance to citizens' freedom of movement.
SECTION 15. If governments of the New states 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 Watch keeper,
to forfeit revenues from the New states of America.
ARTICLE III
The Electoral Branch
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.
SECTION 2. An Overseer of electoral procedures shall be chosen by majority of the Senate and may
be removed by a two-thirds 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 percent affiliation in the latest
general election; but a new party shall be recognized when valid petitions have been signed by at least 2
percent of the voters in each of 30 percent of the districts drawn for the House of Representatives.
Recognition shall be suspended upon failure to gain 5 percent of the votes at a second election, 10
percent at a third, or 15 percent at further elections.
District parties shall be recognized when at least 2 percent of voters shall have signed petitions of
affiliation; but recognition shall be withdrawn upon failure to attract the same percentages as are necessary for the continuance of national parties.
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 deputies 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 administrator and other officials, shall:
a. Provide the means for discussion, in each party, of public issues, and for this purpose, ensure that
members have adequate facilities for participation.
b. Arrange for discussion, in annual district meetings, of the President's views, of the findings of the
Planning Branch, and such other information as may be pertinent for the enlightened political
discussion.
c. Arrange, on the first Saturday in each month, for enrollment, valid for one year, of voters at
convenient places.
SECTION 7. The Overseer shall also:
a. Assist the parties in nominating candidates for district members of the House of Representatives
each three years; and for this purpose designate one hundred districts, each with a similar number of
eligible voters, redrawing districts after each election. In these there shall be party conventions having
no more than three hundred delegates, so distributed that representation of voters be approximately
equal.
Candidates for delegate may become eligible by presenting petitions signed by two hundred registered
voters. They shall be elected by party members on the first Tuesday in March, those having the largest
number of votes being chosen until the three hundred be complete. Ten alternates shall also be chosen
by the same process.
District conventions shall be held on the first Tuesday in April. Delegates shall choose three
candidates for membership in the House of Representatives, the three having the most votes becoming
candidates.
b. Arrange for the election each three years of three members of the House of Representatives in each
district from among the candidates chosen in party conventions, the three having the most votes to be
elected.
SECTION 8. The Overseer shall also:
a. Arrange for national conventions to meet nine years after previous presidential elections, with an
equal number of delegates from each district, the whole number not to exceed one thousand.
Candidates for delegates shall be eligible when petitions signed by five hundred registered voters have
been filed. Those with the most votes, together with two alternates, being those next in number of
votes, shall be chosen in each district.
b. Approve procedures in these conventions for choosing one hundred candidates to be members-at large
of the House of Representatives, whose terms shall be coterminous with that of the President.
For this purpose delegates shall file one choice with convention officials. Voting on submissions shall
proceed until one hundred achieve 10 percent, but not more than three candidates may be resident in
any one district; if any district have more than three, those with the fewest votes shall be eliminated,
others being added from the districts having less than three, until equality be reached. Of those added,
those having the most votes shall be chosen first.
c. Arrange procedures for the consideration and approval of party objectives by the convention.
d. Formulate rules for the nomination in these conventions of candidates for President and Vice
Presidents when the offices are to fall vacant, candidates for nomination to be recognized when petitions
shall have been presented by one hundred or more delegates, pledged to continue support until
candidates can no longer win or until they consent to withdraw. Presidents and Vice-Presidents,
together with Representatives-at-large, shall submit to referendum after serving for three years, and if
they are rejected, new conventions shall be held within one month and candidates shall be chosen as for
vacant offices.
Candidates for President and Vice-Presidents shall be nominated on attaining a majority.
e. Arrange for the election on the first Tuesday in June, in appropriate years, of new candidates for
President and Vice-Presidents, and members-at-large of the House of Representatives, all being
presented to the nation's voters as a ticket; if no ticket achieve a majority, the Overseer shall arrange
another election, on the third Tuesday in June, between the two persons having the most votes; and if
referendum so determine he shall provide similar arrangements for the nomination and election of
candidates.
In this election, the one having the most votes shall prevail.
SECTION 9. The Overseer shall also:
a. Arrange for the convening of the national legislative houses on the fourth Tuesday of July.
b. Arrange for inauguration of the President and Vice-Presidents on the second Tuesday of August.
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 group- making
expenditures, directly or indirectly, in support of prospective candidates shall report to the Overseer
and shall conform to his regulations.
SECTION 11. Expenses of the Electoral Branch shall be met by the addition of one percent 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.
Funds shall be distributed to parties in proportion to the respective number of votes cast for the
President and Governors at the last election, except that new parties, on being recognized, shall share
in proportion to their number. Party administrators shall make allocations to legislative candidates in
amounts proportional to the party vote at the last election.
Expenditures shall be audited by the Watch keeper; and sums not expended within four years shall be
returned to the Treasury.
It shall be a condition of every communications franchise that reasonable facilities shall be available
for allocations by the Overseer.
ARTICLE IV
The Planning Branch
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 processes provided
herein.
SECTION 2. There shall be a National Planning Board of fifteen members appointed by the
President; the first members shall have terms designated by the President of one to fifteen years,
thereafter one shall be appointed each year; the President shall appoint a Chairman who shall serve for
fifteen 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 six-and twelve 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 fourth Tuesday in
July for transmission to the Senate on September 1st with his comments.
If members of the Board fail to approve the budget proposals by the forwarding date, the Chairman
shall nevertheless make submission to the President with notations of reservation by such members
The President shall transmit this proposal, with his comments, to the House of Representatives on
September 1.
SECTION 5. It shall be recognized that the six-and twelve-year development plans represent
national intentions tempered by the appraisal of possibilities. The twelve-year plan shall be a general
estimate of probable progress, both governmental and private; the six-year plan shall be more specific
as to estimated income and expenditure and shall take account of necessary revisions.
The purpose shall be to advance, through every agency of government, the excellence of national life.
It shall be the further purpose to anticipate innovations, to estimate their impact, to assimilate them
into existing institutions, and to moderate deleterious effects on the environment and on society.
The six-and twelve-year plans shall be disseminated for discussion and the opinions expressed shall be
considered in the formulation of plans for each succeeding year with special attention to detail in
proposing the budget.
SECTION 6. For both plans an extension of one year into the future shall be made each year and the
estimates for all other years shall be revised accordingly. For nongovernmental activities the estimate of
developments shall be calculated to indicate the need for enlargement or restriction.
SECTION 7. If there be objection by the President or the Senate to the six-or Twelve-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 New states, on June 1, shall submit proposals for development to be considered for
inclusion in those for the New states of America. Researches and administration shall be
delegated,when convenient, to planning agencies of the New states.
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. Official maps shall also be maintained by the planning agencies of the New states, and in matters not
exclusively national the National Planning Board may rely on these.
Undertakings in violation of official designation shall be at the risk of the ventured, and there shall be
no recourse; but losses from designations after acquisition shall be recoverable in actions before the
Court of Claims.
SECTION 11.The Planning Branch shall have available to it funds equal to one-half of one percent 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 rules approved by the Board; but
funds not expended within six years shall be available for other uses.
SECTION 12.Allocations may be made for the planning agencies of the New states; 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
cooperation with their intentions as may be approved by the Board.
SECTION 14.There may also be cooperation with international agencies and such contributions to
their work as are not disapproved by the President.
ARTICLE V
The Presidency
SECTION 1.The President of the New states 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 nine years, unless rejected by 60 percent of the electorate after three 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 two Vice-Presidents elected with the President; at the time of taking office
the President shall designate one Vice-President to supervise internal affairs; and one 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 an extended term with such assignments as the President may make.
If the presidency fall vacant through the disability of both Vice-Presidents, the Senate shall elect
successors from among its members to serve until the next general election.
With the Vice-Presidents and other officials the President shall see to it that the laws are faithfully
executed and shall pay attention to the findings and recommendations of the Planning Board, the
National Regulatory Board, and the Watch keeper in formulating national policies.
SECTION 3. Responsible to the Vice-President for General Affairs there shall be Chancellors of
External, Financial, Legal, and Military Affairs.
The Chancellor of External Affairs shall assist in conducting relations with other nations.
The Chancellor of Financial Affairs shall supervise the nation's financial and monetary systems,
regulating its capital markets and credit-issuing institutions as they may be established by law; and this
shall include lending institutions for operations in other nations or in cooperation with them, except
that treaties may determine their purposes and standards.
The Chancellor of Legal Affairs shall advise governmental agencies and represent them before the
courts.
The Chancellor of Military Affairs shall act for the presidency in disposing all armed forces except
militia commanded by governors; but these shall be available for national service at the President's
convenience.
Except in declared emergency, the deployment of forces in far waters or in other nations without
their consent shall be notified in advance to a national security committee of the Senate hereinafter
provided.
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 two-thirds 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 ten days of their nomination, and if two-thirds
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 two years to run, the Overseer shall arrange for a special election
for President and Vice-President.
SECTION 7. The Vice-Presidents 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. Incapacitate may be established without concurrence of the President by a three quarters
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 succeed if a predecessor die or be disabled. Special elections, in these contingencies, may
be required by the Senate.
Acting Presidents may appoint deputies, unless the Senate object, to assume their duties until the
next election.
SECTION 9. The Vice-Presidents, together with such other officials as the President may designate from time 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 ninety 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 sixty 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 fourth Tuesday in June, what the maximum allowable expenditures for the ensuing fiscal year shall
be.
The President may determine to make expenditures less than provided in appropriations; but, except
in declared emergency, none shall be made in excess of appropriations. Reduction shall be because of
changes in requirements and shall not be such as to impair the integrity of budgetary procedures.
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 such 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 an Office of Emergency Organization with the duty of providing
plans and procedures for such contingencies as can be anticipated.
The Intendant shall also charter nonprofit corporations (or foundations), unless the President shall
object, determined by him to be for useful public purposes. Such corporations shall be exempt from
taxation but shall conduct no profit making enterprises.
SECTION 15. The Intendant shall also be a counselor for the coordination 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 VI
The Legislative Branch
(The Senate and the House of Representatives)
A. The Senate
SECTION 1.There shall be a Senate with membership as follows: If they so desire, former
Presidents, Vice-Presidents, Principal Justices, Overseers, Chairmen of the Planning and Regulatory
Boards, Governors having had more than seven years service, and unsuccessful candidates for the
presidency and vice-presidency who have received at least 30 percent of the vote. To be appointed by
the President, three persons who have been Chancellors, two officials from the civil service, two
officials from the diplomatic services,two senior military officers,also one person from a panel of three,
elected in a process approved by the Overseer, by each of twelve such groups or associations as the
President may recognize from time to time to be nationally representative, but none shall be a political
or religious group, no individual selected shall have been paid by any private interest to influence
government, and any association objected to by the Senate shall not be recognized. Similarly, to be
appointed by the Principal Justice, two persons distinguished in public law and two former members of
the High Courts or the Judicial Council. Also, to be elected by the House of Representatives, three
members who have served six or more years.
Vacancies shall be filled as they occur.
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 a Convener who shall serve for two 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 second Tuesday in July and shall be in
continuous session, but may adjourn to the call of the Convener. A quorum shall be more than three fifths of the whole membership
SECTION 5. The Senate shall consider,and return within thirty days, all measures approved by the
House of Representatives (except the annual budget). Approval or disapproval shall be by a majority
vote of those present. Objection shall stand unless the House of Representatives shall overcome it by a
majority vote plus one; if no return be made, approval by the House of Representatives shall be final.
For consideration of laws passed by the House of Representatives or for other purposes, the Convener
may appoint appropriate committees.
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 ninety days.
SECTION 7. If requested, the Senate may advise the President on matters of public interest; or, if
not requested, by resolution approved by two-thirds of those present. There shall be a special duty to
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, or if an extraordinary advantage be anticipated. It shall be
considered by the House of Representatives within three days and, unless disapproved, may extend for a
designated period and for a limited area before renewal.
Extraordinary expenditures during emergency may be approved, without regard to usual budget
procedures, by the House of Representatives with the concurrence of the President.
SECTION 10. The Senate,at the beginning of each session, shall select three 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 Watch keeper, and shall oversee,
through a standing committee, a Watch keeping Service conducted according to rules formulated for
their approval.
With the assistance of an appropriate staff the Watch keeper 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.
The Watch keeper shall entertain petitions for the redress of grievances and shall advise the
appropriate agencies if there be need for action.
For all these purposes, personnel may be appointed, investigations made, witnesses examined,
post audits made, and information required.
The Convener shall present the Watch keeper's findings to the Senate, and if it be judged to be in the
public interest, they shall be made public or, without being made public, be sent to the appropriate
agency for its guidance and such action as may be needed. On recommendation of the Watch keeper the
Senate may initiate corrective measures to be voted on by the House of Representatives within thirty
days. When approved by a majority and not vetoed by the President, they shall become law.
For the Watch keeping Service one-quarter of one percent of individual net taxable incomes shall be
held by the Chancellor of Financial Affairs; but amounts not expended in any fiscal year shall be
available for general use.
B. The House of Representatives
SECTION 1. The House of Representatives shall be original lawmaking body of the New states of
America.
SECTION 2.It shall convene each yell on the second Tuesday in July and shall remain in
continuous session except that it may adjourn to the call of a Speaker, elected by a 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 legislature
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:
Committees dealing with the calendaring and management of bills shall have a majority of members
nominated to party caucuses by the Speaker; other members shall be nominated by minority leaders
Membership shall correspond to the parties' proportions at the last election. If nominations be not
approved by a majority of the caucus, the Speaker or the minority leaders shall nominate others until a
majority shall approve.
Members of other committees shall be chosen by party caucus in proportion to the results of the last
election. Chairmen shall be elected annually from among at-large-members.
Bills referred to committees shall be returned to the house with recommendations within sixty days
unless extension be voted by the House.
In all committee actions names of those voting for and against shall be recorded.
No committee chairman may serve longer than six years.
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 three quarters
of the House membership still approve, it shall become law. The names of those voting for and
against shall be recorded. Bills not returned within eleven days shall become law.
SECTION 7.The President may have thirty days to consider measures approved by the House
unless they shall have been submitted twelve days previous to adjournment.
SECTION 8. The house shall consider promptly the annual budget; if there be 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 two-thirds majority, the
House shall prevail. Objection must be by whole title; titles not objected to when voted on shall
constitute appropriation.
The budget for the fiscal year shall be in effect on January 1. Titles not yet acted on shall be as in the
former budget until action be completed.
SECTION 9. It shall be the duty of the House to make laws concerning taxes.
1. For their laying and collection:
a. They shall be uniform, and shall not be retroactive.
b. Except such as may be authorized by law to be laid by Authorities, or by the New states, all
collections shall be made by a national revenue agency. This shall include collections for trust funds
hereinafter authorized.
c. Except for corporate levies to be held in the National Sharing Fund, hereinafter authorized, taxes
may be collected only from individuals and only from incomes; but there may be withholding from
current incomes.
d. To assist in the maintenance of economic stability, the President may be authorized to alter rates
by executive order.
e. They shall be imposed on profit making enterprises owned or conducted by religious establishments
or other nonprofit organizations.
f. There shall be none on food, medicines, residential rentals, or commodities or services designated
by law as necessities; and there shall be no double taxation.
g. None shall be levied for registering ownership or transfer of property.
2. For expenditure from revenues:
a. For the purposes detailed in the annual budget unless objection be made by the procedure
prescribed herein.
b. For such other purposes as the House may indicate and require the Planning Board to include in
revision of the budget; but, except in declared emergency, the total may not exceed the President's
estimate of available funds.
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 New states,
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 variations shall have been fixed by law. There shall be no quotas, and no nations
favored by special rates, unless by special acts requiring two-thirds 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 semi public, 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 for communication, transportation, and others commonly used and necessary for public convenience.
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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 twelve 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 reeducate or retrain 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 for 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 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 findings there may be appeal to the Court of Arbitration Review; but such proceedings may not stay the acceptance of findings.
18. To support an 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 processes of appointment or placement, asking advice or testimony before 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 ninety days on such measures as the President may designate as urgent. Article VII The Regulatory Branch
SECTION 1. There shall be a Regulatory Branch, and there shall be a National Regulator chosen by majority vote of the Senate and removable by a two-thirds vote of that body. His term shall be seven years, and he shall make and administer rules for the conduct of all economic enterprises. The Regulatory Branch shall have such agencies as the Board may find necessary and are not disapproved by law.
SECTION 2. The Regulatory Board shall consist of seventeen 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 one to seventeen years, one being replaced each year and serving for seventeen years. They shall be compensated and shall have no other occupation.
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 New state. 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. Nonmembers shall be required to maintain the same standards as those prescribed for members.
SECTION 5. Authorities shall have governing committees of five, two being appointed by the Regulator to represent the public. They shall serve 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. All codes shall be subject to review by the Regulator with his board.
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 approved 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 Boards may be appealed to the Court of Administrative Settlements, whose judgments shall be informed by the intention to establish fairness to consumers and competitors and stability in economic affairs.
SECTION 12. Responsible also to the Regulator, there shall be an Operations Commission 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 absorption of external costs, standards of service, and rates or prices charged for services or goods. Each enterprise shall have a director, chosen by and removable by the Commission; and he shall conduct its affairs in accordance with standards fixed by the Commission.
Article VIII
The Judicial Branch
SECTION 1. There shall be a Principal Justice of the New states for 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 Watch keeper'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 New states. Other courts may be established by law on recommendation of the Principal Justice with the Judicial Council.
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 us 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 New states of America and those of the highest courts of the New states. 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. It shall also meet at the call of the Convener to nominate three candidates for the Principal Justice ship whenever a vacancy shall occur. From these nominees the Senate shall choose the one having the most votes.
SECTION 4. The Principal Justice, unless the Senate object to any, shall appoint a Judicial Council of five members to serve during his incumbency. He shall designate a senior member who shall preside in his absence. It shall be the duty of the Council, under the direction of the Principal Justice, to study the courts in operation, to prepare codes of ethics to be observed by members, and to suggest changes in procedure. The Council may ask the advice of the Judicial Assembly. It shall also be a duty of the Council, as hereinafter provided, to suggest Constitutional amendments when they appear to be necessary; and it shall also draft revisions if they shall be required. Further it shall examine,and from time to time cause to be revised, civil and criminal codes; these, when approved by the Judicial Assembly, shall be in effect throughout the nation.
SECTION 5. The Principal Justice shall have a term of eleven years; but if at any time the incumbent resign or 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 six years the Assembly may provide, by a two-thirds 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. For each court the Principal Justice shall, from time to time, appoint a member who shall preside.
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 three.
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 ninety 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 thirteen members; but nine members, chosen by their senior justices from time to time, shall constitute a court. The justices on leave shall be subject to recall. Other courts shall have nine members; but seven, chosen by their senior, shall constitute a court. All shall be in continuous session except for recesses approved by the Principal Justice.
SECTION 11. The Principal Justice, with the Council, may advise 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 the New states. If it agree that there be a constitutional issue it may make preliminary judgment to be reviewed without hearing, and finally, by the Supreme Court.
SECTION 14. The Supreme Court may decide:
a. Whether, in litigation coming to it on appeal, constitutional provisions have been violated or standards have not been met.
b. On the application of constitutional provisions to suits involving the New states.
c. Whether international law, as recognized in treaties. United Nations agreements, or arrangements with other nations, has been ignored or violated.
d. Other causes involving the interpretation of constitutional provisions; except that in holding any branch to have exceeded its powers the decision shall be suspended until the Judicial Court shall have determined whether, in order to avoid confrontation, procedures for amendment of the Constitution are appropriate. If amendment proceedings are instituted, decision shall await the outcome.
SECTION 15. The Courts of the New states shall have initial jurisdiction in cases arising under their laws except those involving the New state itself or those reserved for national courts by a rule of the Principal Justice with the Judicial Council.
ARTICLE IX
General Provisions
SECTION 1. Qualifications for participation in democratic procedures as a citizen, and eligibility for office, shall be subject to repeated study and redefinition; but any change in qualification or eligibility shall become effective only if not disapproved by the Congress. For this purpose a permanent Citizenship and Qualifications Commission shall be constituted, four members to be appointed by the President, three by the Convener of the Senate, three by the Speaker of the House, and three by the Principal Justice. Vacancies shall be filled as they occur. The members shall choose a chairman; they shall have suitable assistants and accommodations; and they may have other occupations. Recommendations of the commission shall be presented to the President and shall be transmitted to the House of Representatives with comments. They shall have a preferred place on the calendar and, of approved, shall be in effect.
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 New states 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 New states 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 one; and each shall in "the same way choose one 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 the 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 requirement 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 New state shall interfere with officials of the New states of America in the performance of their duties, and all shall give full faith and credit to the Acts of other New states and of the New states of America.
SECTION 8. Public funds shall be expended only as authorized in this Constitution.
ARTICLE X
Governmental Arrangements
SECTION 1. Offices of the New states of America shall be those named in this Constitution, including those of the legislative houses and others authorized by law to be appointed; they shall be compensated, and none may have other paid occupation unless they be excepted by law; none shall occupy more than one position in government; and no gift or favor shall be accepted if in any way related to official duty. No income from former employments or associations shall continue for their benefits; but their properties may be put in trust and managed without their intervention during continuance in office. Hardships under this rule may be considered by the Court of Rights and Duties, and exceptions may be made with due regard to the general intention.
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 Watch keeper, 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. Justices of the High Courts shall have no term; and their salaries shall be two-thirds that of the Principal Justice; they and members of the Judicial Council, unless they shall have become Senators, shall be permanent members of the Judiciary and shall be available for assignment by the Principal Justice. Salaries for members of the Senate shall be the same as for Justices of the High Court of Appeals.
SECTION 3. Unless otherwise provided herein, officials designated by the head of a branch as sharers in policy making may be appointed by him with the President's concurrence and unless the Senate shall object.
SECTION 4. There shall be administrators: a. for executive offices and official households, appointed by authority of the President; b. for the national courts, appointed by the Principal Justice; c. for the Legislative Branch, selected by a committee of members from each house (chosen by the Convener and the Speaker), three from the House of Representatives and four from the Senate. Appropriations shall be made to them; but those for the Presidency shall not be reduced during his term unless with his consent; and those for the Judicial Branch shall not be reduced during five years succeeding their determination, unless with the consent of the Principal Justice.
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 President's, 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 committee of the Senate. Protected officials shall be guided by procedures approved by the committee. The service, at the request of the Political Overseer, may extend its protection to candidates for office; or to other officials, if the committee so decide.
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 two-thirds 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. Judgments shall not extend beyond removal from office and disqualification for 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 seventeen 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 XI
Amendment
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 Constitution. If rejected, it may be restudied and a new proposal submitted. It shall be the purpose of the amending procedure to correct deficiencies in the Constitution, to extend it when new responsibilities require, and to make government responsible to needs of the people, making use of advances in managerial competence and establishing security and stability; also to preclude changes in the Constitution resulting from interpretation.
SECTION 2. When this Constitution shall have been in effect for twenty-five 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. If not disapproved by a majority it shall be in effect. If disapproved it shall be restudied and resubmitted.
ARTICLE XII
Transition
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 acceptance 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 electoral 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. The President shall determine when replacement is complete. The President shall cause to be constituted an appropriate commission to designate existing laws inconsistent with this Constitution, and they shall be void; also the commission shall assist the President and the legislative houses in the formulating of such laws as may be consistent with the Constitution and necessary to its implementation.
SECTION 5. For establishing New states' boundaries a commission of thirteen, appointed by the President, shall make recommendations within one year. For this purpose the members may take advice 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 satisfactory but the President shall decide whether they shall be accepted or shall be returned for revision. Existing states shall not be divided unless metropolitan areas extending over more than one state are to be included in one New state, or unless other compelling circumstances exist; and each New state shall possess harmonious regional characteristics. The Commission shall continue while the New states make adjustments among themselves and shall have jurisdiction in disputes arising among them.
SECTION 6. Constitutions of the New states shall be established as arranged by the Judicial Council and the Principal Justice. These procedures shall be as follows: Constitutions shall be drafted by the highest courts of the New states. There shall then be a convention of one hundred delegates chosen in special elections in a procedure approved by the Overseer. If the Constitution be not rejected, the Principal Justice, advised by the Judicial Council, shall promulgate a Constitution and initiate revisions to be submitted for approval at a time he shall appoint. If it again be rejected he shall promulgate another, taking account of objections, and it shall be in effect. A Constitution, once in effect, shall be valid for twenty-five years as herein provided.
SECTION 7. Until Governors and legislatures of the New.states 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 functions of the states as they become one of the New states 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 for candidates for the Principal Justice ship of the New states of America shall be called by the incumbent Chief Justice immediately upon ratification.
SECTION 10. New states 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 New states of America for transmission to them a percentage equal to the loss in efficiency from failure to comply. Estimates shall be made by the Chancellor of Financial Affairs and approved by the President; but the deduction shall not be less than 7 percent.
SECTION 11. When this Constitution has been implemented the President may delete by proclamation appropriate parts of this article.
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PROTOCOLS OF THE WISE MEN OF ZION
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 semi public, 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 for communication, transportation, and others commonly used and necessary for public convenience.
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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 twelve 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 reeducate or retrain 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 for 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 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 findings there may be appeal to the Court of Arbitration Review; but such proceedings may not stay the acceptance of findings.
18. To support an 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 processes of appointment or placement, asking advice or testimony before 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 ninety days on such measures as the President may designate as urgent. Article VII The Regulatory Branch
SECTION 1. There shall be a Regulatory Branch, and there shall be a National Regulator chosen by majority vote of the Senate and removable by a two-thirds vote of that body. His term shall be seven years, and he shall make and administer rules for the conduct of all economic enterprises. The Regulatory Branch shall have such agencies as the Board may find necessary and are not disapproved by law.
SECTION 2. The Regulatory Board shall consist of seventeen 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 one to seventeen years, one being replaced each year and serving for seventeen years. They shall be compensated and shall have no other occupation.
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 New state. 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. Nonmembers shall be required to maintain the same standards as those prescribed for members.
SECTION 5. Authorities shall have governing committees of five, two being appointed by the Regulator to represent the public. They shall serve 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. All codes shall be subject to review by the Regulator with his board.
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 approved 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 Boards may be appealed to the Court of Administrative Settlements, whose judgments shall be informed by the intention to establish fairness to consumers and competitors and stability in economic affairs.
SECTION 12. Responsible also to the Regulator, there shall be an Operations Commission 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 absorption of external costs, standards of service, and rates or prices charged for services or goods. Each enterprise shall have a director, chosen by and removable by the Commission; and he shall conduct its affairs in accordance with standards fixed by the Commission.
Article VIII
The Judicial Branch
SECTION 1. There shall be a Principal Justice of the New states for 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 Watch keeper'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 New states. Other courts may be established by law on recommendation of the Principal Justice with the Judicial Council.
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 us 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 New states of America and those of the highest courts of the New states. 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. It shall also meet at the call of the Convener to nominate three candidates for the Principal Justice ship whenever a vacancy shall occur. From these nominees the Senate shall choose the one having the most votes.
SECTION 4. The Principal Justice, unless the Senate object to any, shall appoint a Judicial Council of five members to serve during his incumbency. He shall designate a senior member who shall preside in his absence. It shall be the duty of the Council, under the direction of the Principal Justice, to study the courts in operation, to prepare codes of ethics to be observed by members, and to suggest changes in procedure. The Council may ask the advice of the Judicial Assembly. It shall also be a duty of the Council, as hereinafter provided, to suggest Constitutional amendments when they appear to be necessary; and it shall also draft revisions if they shall be required. Further it shall examine,and from time to time cause to be revised, civil and criminal codes; these, when approved by the Judicial Assembly, shall be in effect throughout the nation.
SECTION 5. The Principal Justice shall have a term of eleven years; but if at any time the incumbent resign or 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 six years the Assembly may provide, by a two-thirds 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. For each court the Principal Justice shall, from time to time, appoint a member who shall preside.
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 three.
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 ninety 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 thirteen members; but nine members, chosen by their senior justices from time to time, shall constitute a court. The justices on leave shall be subject to recall. Other courts shall have nine members; but seven, chosen by their senior, shall constitute a court. All shall be in continuous session except for recesses approved by the Principal Justice.
SECTION 11. The Principal Justice, with the Council, may advise 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 the New states. If it agree that there be a constitutional issue it may make preliminary judgment to be reviewed without hearing, and finally, by the Supreme Court.
SECTION 14. The Supreme Court may decide:
a. Whether, in litigation coming to it on appeal, constitutional provisions have been violated or standards have not been met.
b. On the application of constitutional provisions to suits involving the New states.
c. Whether international law, as recognized in treaties. United Nations agreements, or arrangements with other nations, has been ignored or violated.
d. Other causes involving the interpretation of constitutional provisions; except that in holding any branch to have exceeded its powers the decision shall be suspended until the Judicial Court shall have determined whether, in order to avoid confrontation, procedures for amendment of the Constitution are appropriate. If amendment proceedings are instituted, decision shall await the outcome.
SECTION 15. The Courts of the New states shall have initial jurisdiction in cases arising under their laws except those involving the New state itself or those reserved for national courts by a rule of the Principal Justice with the Judicial Council.
ARTICLE IX
General Provisions
SECTION 1. Qualifications for participation in democratic procedures as a citizen, and eligibility for office, shall be subject to repeated study and redefinition; but any change in qualification or eligibility shall become effective only if not disapproved by the Congress. For this purpose a permanent Citizenship and Qualifications Commission shall be constituted, four members to be appointed by the President, three by the Convener of the Senate, three by the Speaker of the House, and three by the Principal Justice. Vacancies shall be filled as they occur. The members shall choose a chairman; they shall have suitable assistants and accommodations; and they may have other occupations. Recommendations of the commission shall be presented to the President and shall be transmitted to the House of Representatives with comments. They shall have a preferred place on the calendar and, of approved, shall be in effect.
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 New states 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 New states 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 one; and each shall in "the same way choose one 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 the 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 requirement 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 New state shall interfere with officials of the New states of America in the performance of their duties, and all shall give full faith and credit to the Acts of other New states and of the New states of America.
SECTION 8. Public funds shall be expended only as authorized in this Constitution.
ARTICLE X
Governmental Arrangements
SECTION 1. Offices of the New states of America shall be those named in this Constitution, including those of the legislative houses and others authorized by law to be appointed; they shall be compensated, and none may have other paid occupation unless they be excepted by law; none shall occupy more than one position in government; and no gift or favor shall be accepted if in any way related to official duty. No income from former employments or associations shall continue for their benefits; but their properties may be put in trust and managed without their intervention during continuance in office. Hardships under this rule may be considered by the Court of Rights and Duties, and exceptions may be made with due regard to the general intention.
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 Watch keeper, 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. Justices of the High Courts shall have no term; and their salaries shall be two-thirds that of the Principal Justice; they and members of the Judicial Council, unless they shall have become Senators, shall be permanent members of the Judiciary and shall be available for assignment by the Principal Justice. Salaries for members of the Senate shall be the same as for Justices of the High Court of Appeals.
SECTION 3. Unless otherwise provided herein, officials designated by the head of a branch as sharers in policy making may be appointed by him with the President's concurrence and unless the Senate shall object.
SECTION 4. There shall be administrators: a. for executive offices and official households, appointed by authority of the President; b. for the national courts, appointed by the Principal Justice; c. for the Legislative Branch, selected by a committee of members from each house (chosen by the Convener and the Speaker), three from the House of Representatives and four from the Senate. Appropriations shall be made to them; but those for the Presidency shall not be reduced during his term unless with his consent; and those for the Judicial Branch shall not be reduced during five years succeeding their determination, unless with the consent of the Principal Justice.
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 President's, 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 committee of the Senate. Protected officials shall be guided by procedures approved by the committee. The service, at the request of the Political Overseer, may extend its protection to candidates for office; or to other officials, if the committee so decide.
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 two-thirds 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. Judgments shall not extend beyond removal from office and disqualification for 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 seventeen 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 XI
Amendment
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 Constitution. If rejected, it may be restudied and a new proposal submitted. It shall be the purpose of the amending procedure to correct deficiencies in the Constitution, to extend it when new responsibilities require, and to make government responsible to needs of the people, making use of advances in managerial competence and establishing security and stability; also to preclude changes in the Constitution resulting from interpretation.
SECTION 2. When this Constitution shall have been in effect for twenty-five 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. If not disapproved by a majority it shall be in effect. If disapproved it shall be restudied and resubmitted.
ARTICLE XII
Transition
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 acceptance 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 electoral 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. The President shall determine when replacement is complete. The President shall cause to be constituted an appropriate commission to designate existing laws inconsistent with this Constitution, and they shall be void; also the commission shall assist the President and the legislative houses in the formulating of such laws as may be consistent with the Constitution and necessary to its implementation.
SECTION 5. For establishing New states' boundaries a commission of thirteen, appointed by the President, shall make recommendations within one year. For this purpose the members may take advice 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 satisfactory but the President shall decide whether they shall be accepted or shall be returned for revision. Existing states shall not be divided unless metropolitan areas extending over more than one state are to be included in one New state, or unless other compelling circumstances exist; and each New state shall possess harmonious regional characteristics. The Commission shall continue while the New states make adjustments among themselves and shall have jurisdiction in disputes arising among them.
SECTION 6. Constitutions of the New states shall be established as arranged by the Judicial Council and the Principal Justice. These procedures shall be as follows: Constitutions shall be drafted by the highest courts of the New states. There shall then be a convention of one hundred delegates chosen in special elections in a procedure approved by the Overseer. If the Constitution be not rejected, the Principal Justice, advised by the Judicial Council, shall promulgate a Constitution and initiate revisions to be submitted for approval at a time he shall appoint. If it again be rejected he shall promulgate another, taking account of objections, and it shall be in effect. A Constitution, once in effect, shall be valid for twenty-five years as herein provided.
SECTION 7. Until Governors and legislatures of the New.states 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 functions of the states as they become one of the New states 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 for candidates for the Principal Justice ship of the New states of America shall be called by the incumbent Chief Justice immediately upon ratification.
SECTION 10. New states 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 New states of America for transmission to them a percentage equal to the loss in efficiency from failure to comply. Estimates shall be made by the Chancellor of Financial Affairs and approved by the President; but the deduction shall not be less than 7 percent.
SECTION 11. When this Constitution has been implemented the President may delete by proclamation appropriate parts of this article.
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PROTOCOLS OF THE WISE MEN OF ZION
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