Posted on

Article 5 – Sections 3, 4, 5 – States, Extradition, Children

Section 3 – State Citizens
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the various States.

Section 4 – Extradition
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime after a court case to determine the validity of the request for extradition.

Section 5 – Child Citizens
Child Citizens do not have all the citizenship rights of Adult Citizens. No Child Citizen can enter into any contract before the age of eighteen without the agreement of the courts, the parents and a lawyer that represents the interests of the Child Citizen. A contract is defined to be any legal agreement between two or more inhabitants.
A personal contract such as a marriage is prohibited to Child. After the Ratification of this Constitution, Congress and the States shall designate a marriage as a religious ceremony with no legal standing. Concurrently, Congress and the States shall pass the laws necessary to require all adult inhabitants to obtain a legal personal contract similar to what we call today a pre-nuptial agreement. Once signed that contract will constitute a legal binding of two or more adult inhabitants. In other words, children cannot marry for any reason until they become adults.
No Child Citizen may be impressed into government service of any kind.
Other prohibitions on Child Citizens may be enacted by the various State legislatures and the United States Congress as needed. However, the Child Citizens of the United States have standing to protest any of these prohibitions in court.

Posted on

Article 5 – Section 6 – Naturalization

Section 6 – Naturalization
The United States Congress will set the rules for naturalization of Non-Citizens except as noted here: The number of naturalized Citizens accepted in one year shall be limited by the following formula: The replacement birthrate is 2.1. Depending on the number of births in any one year, the number of Non-Citizens naturalized will depend on a calculation of the number of Citizens needed to attain a birth rate of 2.2 for that year. In the case that the birth rate of United States Citizens is 2.2 or over, there will be no Non-Citizens naturalized for that year. For example, if the Citizen birth rate for 2016 is 1.9, then in 2017, there can be naturalization of the number of persons needed to attain a birth rate of 2.2 for 2016. If the Citizen birth rate in 2016 is 2.2, then no Non-Citizens will be naturalized for 2016 in the year 2017. Congress must adhere to the 2.2 limit. The Courts are enjoined to stop any move on Congress’s part to get around these limits.
Congress is enjoined to naturalize Non-Citizens on the following basis: The Non-Citizens must have attained the age of 18 and been a resident of the United States for ten years. They must have a high-school level education; college level is preferable. It is preferable that they have some skill that will allow them to be employed. Congress is enjoined from defining skill as a low-level skill like ditch-digging. To be clear, we are looking for middle-class Non-Citizens. No felons are acceptable. No one who has evaded or attempted to game the United States laws on immigration is acceptable. The applicant must speak and read English competently. No nation will be given preference in the number of applicants accepted. The number of applicants accepted from any one country must be in proportion to the population of that country and the total number of Non-Citizens to be accepted for naturalization. Applicants who do not accept on oath the entirety of the Natural Rights noted in this Constitution are not acceptable. Every applicant must be vetted for security purposes before acceptance. There will be no preference given to the Non-Citizen families, excluding children, of naturalized Citizens if they petition for citizenship. Any Non-Citizen who is accepted and has children: those children will be Non-Citizens until they have satisfied two conditions: they must attain eighteen years of age and ten years a resident of the United States. At that time, they may petition to be naturalized and they will become Citizens unless they fail to meet the requirements in this section. If that happens, they will be sent back to the country that they immigrated from and can never apply for citizenship in the United States again.
The government is not permitted to accept Non-Citizens, refugees or immigrants into the country for humanitarian or any other purposes. Congress is permitted to set the rules for visitors, students and others who wish to come to the United States for a set period.
Any foreigners who apply for citizenship in the United States and are selected will be allowed to emigrate to the United States to satisfy the residency requirement. However, should any applicant be convicted of any criminal act, they shall serve their penalty and be evicted from the United States forever. If the applicant has family, they shall be permitted to stay. If they choose to leave, they shall never be allowed to apply for citizenship again.
If a Citizen sues Congress for changes to the naturalization laws and wins, those Representatives who voted aye to change the law will be immediately ejected from Congress if the appeal fails. They will not be allowed to hold any government office ever again.

Posted on

Article 5 – Sections 7,8

Section 7 – Limits on Classes of Citizens
The National and the various State governments are prohibited from creating different classes of Citizens. Today, in 2016, Citizens are classed for tax purposes by economic standing. Citizens are classed by sex or race or more to qualify for governmental largess. Citizens are classed by race or more to gain preferential admittance to State institutions of higher learning. Citizens who are Native Americans have preferential national treatment. Citizens who are veterans get preferential hiring into government jobs. There are a multitude of classes in the United States created and extended by the current National government. The Courts will take care to disallow any governmental classification of Citizens beyond the classification of Adult and Child Citizens and Non-Citizens. The Courts will ensure that every law applies equally to every Inhabitant except as noted in this Constitution. If there is a need to create a special class of Citizens, then the Adult Citizens will determine that through a national referendum. The vote to agree to a special class must be by 70% of the total popular vote and the popular vote of 60% of the States. Congress shall make the laws necessary to regulate such referenda.

Section 8 – Responsibilities of Citizens
The National and the various State governments are prohibited from creating different classes of Citizens. Today, in 2016, Citizens are classed for tax purposes by economic standing. Citizens are classed by sex or race.

Posted on

Article 6 – Sections 1, 2 – The Legislative Branch

Article 6 – The Legislative Branch
Section 1 – The Legislature
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
None of these Powers shall in any way be encroached upon or usurped by the Executive or the Judiciary.
The Courts are mandated to strictly uphold this restriction.

Section 2 – The House
Qualifications
The qualifications to be a Representative in the House of Representatives are:
Must be a Citizen of the United States who shall have attained the Age of thirty Years,
Been a Citizen of the United States for fifteen Years,
Must be an Inhabitant of that State in which that Citizen shall be chosen for three years,
Must be an Inhabitant of the District in which that Citizen shall be chosen for one year.
If the District boundaries change for any reason all the above qualifications must be met in the new District.
No Citizen may run for Representative in a District where another family member held the office in the previous ten years.
Any Citizen in that district has standing in court to challenge any of these qualifications of a Citizen standing for the House of Representatives.
No Representative shall, during the Time for which they were elected, be appointed to any civil Office under the Authority of the United States unless they shall resign their elected office immediately.
No Citizen holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Term
The House of Representatives shall be composed of Members who will serve a term of four years as chosen by the Adult Citizens of the various States, and the Voters shall be as described in this Constitution.
Immediately after they shall be assembled in consequence of the first election after the census, they shall be divided as equally as may be into two Classes by the Representatives assembled in the House. The Seats of the Representatives of the first Class shall be vacated at the expiration of the second Year, of the second Class at the expiration of the fourth Year, so that one half may be chosen every second Year. Thereafter each member will serve a full term of four years.
When vacancies happen in the Representation from any State, the Executive Authority of that State shall issue Writs of Election to fill such Vacancies within two months of that vacancy.
Every fifty years after the ratification of this Constitution the House shall be purged of all members in this manner: those Representatives who hold office shall sit out three terms at the end of their current term.
A Representative may serve two consecutive terms but then must rotate out for at least one term.
A Representative may serve no more than twenty-five years in government service of any kind.
A Representative, after leaving office for any reason may not be employed in any capacity for three years after leaving office if the employment brings that Representative into contact with any government entity or government employee in any way. Any Citizen has standing to sue that person and the place of the employment if they believe that the person or the place of employment has violated this rule of hiatus. Please note that this hiatus is important to stop the inevitable corruption that ensues if the revolving door is used. The Courts are enjoined to protect the interests of the Citizens in these situations.

Posted on

Article 6 – Section 2 – Apportionment

Apportionment
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of Citizens in each State and including those who live abroad.
Every State shall have at least two Representatives even if they do not qualify for two based on the following procedure: First, there will be a census devised by Congress of the Citizens only of the United States by State within one year of the ratification of this Constitution and the taking of the census will not last longer than six months. Before the reapportionment caused by the census the apportionment shall be as it was under the previous Constitution.
Total United States Representatives = Round (Total United States Citizens * .0000015)
Golden Number per Representative = Round (Total United States Citizens / Total United States Representatives)
Small State Representatives = Number of Representatives allocated to States whose Citizen population is at or below 2 * Golden Number per Representative
Representatives per State = Round (Total Citizens per State / Golden Number per Representative) (Congress must then do the calculations to smooth out the final allocation. In the case that the sum of the Representatives per State + Small State Representatives is not equal to Total United States Representatives after the allocation, any unallocated Representatives will be allocated as one Representative to each of the smallest States whose Citizen population exceeds 2 * Golden Number per Representative in order of the small States’ Citizen Population, smallest first and so on. In the case that the number of Representatives allocated is larger than the calculated Total United States Representatives, then starting with the largest States, one Representative will be taken away and allocated to each of the smallest States whose Citizen population exceeds 2 * Golden Number per Representative in order of the small States’ Citizen Population, smallest first and so on. The idea is that each of the largest States will lose one Representative only until the allocation is complete.
The State Legislatures may design districts only once after each Census. The Districts must be as compact and as square or round as possible. Some irregularity is expected but very irregular Districts are prohibited. The Adult Citizens of the various States have standing to challenge the design of any District in that State. However, they may only challenge the shape and number of Citizens in the District, not the make-up (race, sex, age, religion and more) of the Citizens in that District. The Courts are enjoined to ensure that the States adhere to the idea that each district shall be as equal in geographic shape and number of Citizens as possible. We are attempting to curb the bad aspects of gerrymandering. The Courts will hold this as one of their highest duties.

Posted on

Article 6 – Section 2 – Voting, Legislative Process

Voting
The winner of an Election in a Representative District shall be the winner of the popular vote.
No winner shall be by plurality but by majority.
In the case that there is no majority winner, then the top two vote getters shall have a runoff election over two days – the Tuesday and Wednesday of the following week. Early voting will begin the day after the election and continue until the day before the runoff election.

Legislative Process
The House of Representatives shall choose their Speaker and other Officers from among the Representatives assembled.
The House is prohibited from having a negative in the vote. Every voting matter shall be worded so that a Yes vote is always in the affirmative. For example, a vote to impeach shall not be worded as “President X shall not be impeached…”.
The House of Representatives can have open sessions for only one week every month in a year.
The House of Representatives can have committee work for only two weeks every month in a year.
The Representatives shall spend one week in every month in their home office where they shall be available to their constituents for 8 hours each work day (Monday through Friday) even if the House is in adjournment.
Every vote on the floor or in meetings shall be recorded. Voice votes are disallowed.
No one shall vote for that Representative except that Representative. Any person found violating this rule shall be imprisoned for five years and lose their voting privileges for ten years. Any Representative found to have colluded in allowing another to vote in their place shall be immediately expelled from Congress and never be allowed to work for any government in any capacity.
Every Bill that comes up for a vote by the House shall be made public fourteen days prior to the vote.
No Bill may be composed of more than one distinct topic. In other words, the House is barred from having a Bill that combines military pay with road building.
From Bill proposal to the vote, no more than three months shall pass.
Any law passed applies to the Representatives and all government persons. For example, there will be no National health care for Citizens and a separate health care plan for government employees.
No laws may be passed that favor a small group over the Citizens. For example, no law may be passed that gives a labor union preferential treatment over all the other Citizens.
If the House censures a government official for contempt, it must result in an automatic impeachment trial in the Senate.
If a government official invokes the 5th amendment when questioned during an official Congressional investigation, then they will be automatically referred to the FBI for a full investigation. The results of the investigation will be released to the public.
No government official is permitted to give no answer when questioned during an official Congressional investigation. They must answer or face an automatic impeachment trial in the Senate.
If the House impeaches a government employee, then that official will be referred to the FBI for an official investigation.

Posted on

Article 6 – Section 2 – Impeachment, Treaties, Continuation in office

Impeachment
The House of Representatives shall have the Power of Impeachment.
Impeachment votes shall be scaled to the importance of the person being tried: 67% of all those present for President, Vice President and the Supreme Court, 60% for lesser judges and cabinet members, 55% for all others.
Any members not present will be considered to have voted Yes but Not Present for impeachment. The vote will not be counted in the majority vote.
The House of Representatives has the right to impeach any person in the government employ except as noted elsewhere in this Constitution.
Impeachment shall be handled similarly to any court case. The House shall designate prosecutors, defenders, witnesses and judges to render a fair indictment of impeachment.
If the matter concerns an official government secret, then Congress shall devise a secret hearing so they may hear the testimony. The Public must be informed in general terms what the charge of impeachment concerns.
The House may not bring a charge of impeachment against one of its own members. That charge shall be brought and tried by the Senate.
Upon a finding of impeachment for any person, the charge shall be sent to the Senate for immediate consideration except in the case of a charge against a Senator.
The charge shall also be sent to the FBI for a complete investigation. The results of that investigation shall be made public and sent to the Senate except in the case of a charge against a Senator. In that case, the results of the investigation shall be sent to the House.

Treaties
The House of Representatives shall have the Power to vote for or against treaties. A majority vote of 2/3 of those Representatives present is needed. Once the Senate has voted, the treaty must be sent to the House for an immediate up or down vote. Those members absent will be recorded as a Yes Not Present vote and the vote will not be counted in the majority vote.

Continuation in Office
There must be an annual audit of the Representatives’ financial accounts and the audits must be placed in the public record.
No Representative may hire any family member.
No Representative may recommend any family member for any job in any government.
No Representative may have business dealings with any business doing business with the government.
No Representative may have business dealings with any family member.
No Representative shall have more than three assistants and more than two offices.
A Representative shall be subject to a recall at the will of the voters in his district providing that the recall petition is legally signed by 10% of the Adult Citizens in that district. The petition must be submitted for verification within three months after the petition is opened. The certification or non-certification of the petition will occur one month after the petition is submitted. The State legislature shall set the date of the recall election to be within one month of the certification of the recall. Any subsequent election to fill that seat in the event the recall succeeds will be held within one month of the recall vote. Each State will make their own laws further defining these events.

Posted on

Article 6 – Section 3 – The Senate – Qualifications, Term

Section 3 – The Senate
Qualifications

The qualifications to be a Senator in the Senate are:
Must be a Citizen of the United States who shall have attained the Age of thirty-five Years,
Been a Citizen of the United States for twenty Years,
Must be an Inhabitant of that State in which that Citizen shall be chosen for five years,
Must be an Inhabitant of the District in which that Citizen shall be chosen for two years.
If the District boundaries change for any reason all the above qualifications must be met in the new District.
No Citizen may run for Senator in a State where another family member held the office in the previous ten years.
Any Citizen in any State has standing to challenge any of these qualifications of a Citizen standing for Senator in that State.
No Senator shall, during the Time for which they were elected, be appointed to any civil Office under the Authority of the United States unless they shall resign their elected office immediately.

Term
The Senate shall be composed of Members who will serve a term of four years as chosen by the Adult Citizens of the various States, and the Voters shall be as described in this Constitution.
Each Senator shall have one vote in the Senate proceedings.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into two Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, so that one half may be chosen every second Year.
When vacancies happen in the Representation from any State, the Executive Authority of that State shall issue Writs of Election to fill such Vacancies within two months of that vacancy.
Every fifty years after the ratification of this Constitution the Senate shall be purged of all members in this manner: those Senators who hold office shall rotate out two terms at the end of their current term.
A Senator may serve two consecutive terms but then must rotate out for at least one term.
A Senator may serve no more than twenty-five years in government service of any kind.
A Senator, after leaving office for any reason may not be employed in any capacity for three years after leaving office if the employment brings that Senator into contact with any government entity or government employee in any way. Adult Citizens have standing to sue that person and the place of the employment if they believe that the person or the place of employment is gaming the system. Please note that this hiatus is important to stop the inevitable corruption that ensues if the revolving door is used.

Posted on

Article 6 – Section 3 – Apportionment, Voting

Apportionment
United States Senators per State = Round (Total United States Reps / 2 / Number of States)
Total Senators = United States Senators per State * Number of States
Golden Number per Senator per State = Round (Total Citizens per State / United States Senators per State)
Yes, this means that at some point we will have an odd number of Senators in every State. The downside is that small States will give the appearance of being over-represented. The upside is that State Equality is preserved for every State. The Golden Number per Senator per State is useful in showing the Citizens of every State the number of Citizens that should be in each Senatorial District for that State. Congress shall make the calculation and notify the various States of their apportionment within two weeks of receiving the census results. The total number of Representatives and the apportionment shall remain the same until the next census.
Each State will be divided into Districts by the number of Senators apportioned, each representing a Senate District at the will of the various State legislatures. The Districts will have Citizens as near to the Golden Number for Senators as possible. In those States where the number of Citizens is low, the Districts will be as nearly equal in the number of Citizens as possible. The Districts shall encompass Representative Districts completely where possible. Any Citizen in the United States may sue in court for redress if they believe a State has gamed the system to split the State in an unequal fashion even if they’re suing another State.

Voting
The winner of an Election in a Senate District shall be the winner of the popular vote and the winner of at least half of the Representative Districts in the Senate District.
No winner shall be by plurality but by majority.
In the case that there is no majority winner, then the top two vote getters shall have a runoff election over two days – the Tuesday and Wednesday of the following week. Early voting will begin the day after the election and continue until the day before the runoff election. The winner of an Election in a Senate District shall be the winner of the popular vote and the winner of at least half of the Representative Districts in the Senate District. In the case that no candidate achieves both goals, then the State legislature, sitting jointly in the case of more than one legislative House, shall vote for the candidate of their choice, each legislator having one vote. The winning candidate must rotate out at the end of the term.

Posted on

Article 6 – Section 3 – Legislative Process, Impeachment

Legislative Process
The Senate shall choose their President pro tempore and other Officers from among the Senators assembled.
The Senate is prohibited from having a negative in the vote. Every voting matter shall be worded so that a Yes vote is always in the affirmative. For example, a vote to approve a treaty shall not be worded as “The Senate does not approve the treaty…”.
The Senate can have open sessions for only one week every month in a year.
The Senate can have committee work for only two weeks every month in a year.
The Senators shall spend one week in every month in their home office where they shall be available to their constituents for eight hours each work day (Monday through Friday) even if in adjournment.
No one shall cast a Senators’ vote except that Senator. Any person found violating this rule shall be imprisoned for five years and lose their voting privileges for ten years. Any Senator found to have colluded in allowing another to vote in their place shall be immediately expelled from Congress and never be allowed to work for any government in any capacity.
Every Bill debated by the Senate shall be made public fourteen business days prior to the debate.
No Bill may be composed of more than one distinct topic. For example, the Senate is barred from having a Bill that combines military pay with road building.
From Bill proposal to the vote, no more than three months shall pass.

Impeachment
The Senate shall have the Power to try all Impeachments. Impeachment votes must be scaled to the importance of the person being tried: 67% of all those present for President, Vice President and the Supreme Court, 60% for lesser judges and cabinet members, 55% for all others. Any members not present will be considered to have voted Yes but Not Present for impeachment and that vote shall not be counted in the majority vote.
Impeachment shall be handled similarly to any appeals court case. The Senate shall designate prosecutors and defenders to render a fair verdict to the charge of impeachment. No witnesses nor new evidence is allowed. The trial must be solely on the charges forwarded by the House.
Judgment in Cases of Impeachment shall result in removal from Office. The convicted person may never be employed in any government of any kind. The Party convicted shall be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law if applicable. Any pension or emolument of any kind that was granted for government service will be taken away. Any other personal wealth will remain to the impeached person.
The Senate may not bring a charge of impeachment against one of its own members. That charge shall be brought and tried by the House.
Upon a finding of impeachment for any Representative, the trial shall commence immediately in the Senate.
The charge shall also be sent to the FBI for a complete investigation. The results of that investigation shall be made public and sent to the Senate.