The Judiciary shall have jurisdiction for all those cases in law and equity which arise out of the laws of the United States, passed in pursuance of their just and Constitutional powers of legislation.
The Judiciary shall have jurisdiction for all those controversies in which the United States are a party.
The Judiciary shall have jurisdiction for all those which involve the Peace of the Union To treaties made, or which shall be made, under the authority of the United States, and to all cases affecting ambassadors, other public ministers, and consuls.
The Judiciary shall have jurisdiction for all those which involve the Peace of the Union.
The Judiciary shall have jurisdiction to controversies between two or more States.
The Judiciary shall have jurisdiction between a State and Citizens of another State.
The Judiciary shall have jurisdiction between Citizens of different States.
The Judiciary shall have jurisdiction for all those cases of admiralty and maritime jurisdiction which originate on the high seas, and are of admiralty or maritime jurisdiction.
The Judiciary shall have jurisdiction for cases between the Citizens of the same State, claiming lands under grants of different states.
The Judiciary shall have jurisdiction for cases between a State and foreign States, Citizens, or subjectsIn all Cases affecting Treaties, the Supreme Court shall have original Jurisdiction as to Law, with such Exceptions, and under such Regulations as the Congress shall make.
The Supreme Court shall render a judgement on the Constitutionality of any Treaty proposed by the President before such vote as may take place in the Congress.
Category: Uncategorized
Article 8 – Section 4 – Trial by Jury, Jury Trials
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Citizens are encouraged to add to this list by means of amendments whenever they believe some punishment to be cruel and unusual. Capital Punishment shall not be considered as cruel and unusual.
Civil cases may be by jury or in such manner as directed by the States; and such Trial shall be held in the State where the said injury shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
The court system of the United States and in the various States shall institute a Loser Pays system of justice. The government winning a case simply by having the most money is not equitable under the Constitution. In court cases, if the government (plaintiff) sues an Inhabitant (defendant) or vice versa, the government shall pay all court costs. If the government (plaintiff) brings a suit v a business (defendant), the government shall pay all court costs. If it is business (plaintiff) v government (defendant), the loser pays. If it is the Inhabitant (plaintiff) v business (defendant) or vice versa, loser pays. If it is government (plaintiff) v government (defendant), loser pays. Inhabitant (plaintiff) v Inhabitant (defendant), loser pays.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces when in actual service in time of War.
No person shall be subject for the same offense to be twice put in jeopardy of life or limb (no Citizen can be tried twice by any courts for the actions resulting from the same offense. For example, no civil rights charges put on someone who is found innocent in a State court.
No person shall be compelled in any criminal case to be a witness against himself.
No person shall be deprived of life, liberty, or property, without due process of law.
No person shall have their private property taken for public use, without just compensation.
No person shall have their property taken by Civil Forfeiture unless by a proper trial.
In all criminal prosecutions, the accused shall enjoy the right to a speedy (within two months) and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation.
In all criminal prosecutions, the accused shall be confronted with the witnesses against him.
In all criminal prosecutions, the accused shall have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
In all criminal prosecutions, the accused shall, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court.
In all criminal prosecutions, the accused shall be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.
In Suits at common law, where the value in controversy shall exceed the average price of a pair of new shoes, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, except according to the rules of the common law.
Congress nor any government entity may pass hate crime laws. To pass a hate crime law supposes that the government can know what an individual is thinking. To punish an individual for what the government believes they are thinking is a complete violation of the Citizens’ Natural Rights.
Article 8 – Section 5 – Treason
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. Congress shall determine the conditions under which a charge of treason may be brought. The crime of treason shall not carry a lesser penalty than thirty years in prison. No individual convicted of treason may be traded as a hostage to another country or in any way reduce their sentence of thirty years. An individual convicted of treason during war shall receive the death penalty.
The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Urging the overthrow of the government through constitutional means shall not be considered treason.
Article 8 – Section 6, 7 – Limits on the Judiciary, Impeachment
The Supreme Court may not interpret a law by endeavoring to discern the intent of Congress. They will interpret the law by the words alone. This applies to the words of the Constitution as well. They will use the original definition of the words, not a newer definition of a word. If a simple minority of the Court declares that they do not know the original definition of the words, then Congress shall immediately prepare an amendment to the Constitution clearly spelling out for the Court the definition of the words. Any case depending on a clarification of the words will be put into abeyance until the amendment is ratified.
In a conflict between the President and Congress, where the Constitution is not completely clear, the Court must side with Congress and thereby limit the power of the President until an amendment may be ratified. Congress is required to propose and vote for an amendment of clarification in such a case. It is for the States to resolve an issue of Executive Power v Congressional Power.
In resolving Constitutional questions between States with different Appeals Court decisions, the Supreme Court must give proper attention to the number of States on one side or the other of the question. They must rule for the preponderance of the States.
There are no implied Powers in this Constitution.
Section 7 – Impeachment
There is no role for the courts in an impeachment process. No appeal can be made by the impeached person.
Article 9 – Section 1 – Each State to Honor all others
Article 9 – The States
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
The Supreme Court may not use this clause to force some States to honor another State unless and until a preponderance of the States shall have codified the same law. Preponderance is defined as the number of States needed to ratify an amendment. This is meant to bar the Supreme Court from legislating. We have the example of same sex marriage before us where the Supreme moved the law very much ahead of the sense of the States and the Citizens. To be clear, the Supreme Court must limit itself as well as limit the Executive and Legislative.
However, if it is a question of Natural Rights, then the Courts must come down on the side of defending Natural Rights against all usurpations. In the case of same sex marriage, the Supreme Court should have ruled for adult individuals to make any personal contract they wish. If there were laws creating barriers to same sex personal contracts, those laws should have been struck down. The Supreme Court should refuse to rule on laws about ill-defined terms like marriage which have a legal as well as a religious aspect and request Congress to resolve the issue. Congress shall take up the issue and resolve it before the case may be continued.
Article 9 – Section 2 – New States
With a majority vote of 60% in both Houses of Congress and with a positive vote of 55% of the Citizens of the prospective State New States may be admitted by the Congress into this Union.
No new States shall be formed or erected within the Jurisdiction of any other State without the consent of the Citizens of that State.
Every State is mandated to establish a process to allow portions of a State to request entry into the United States as a new State.
Without the Consent of the Legislatures of the States concerned as well as of the Congress and of the Citizens of those States, no State shall be formed by the Junction of two or more States, or parts of States.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any State.
The government is prohibited from owning more than 1% of the land in the various States or territories. Immediately on ratification of this Constitution, all land belonging to the federal government in excess of the 1% per State, shall be ceded to the various States. The States or Territories are banned from owning greater than 5% of the land in their state or territories. State or Territory land that must be sold by the various States or Territories to meet these provisions must be sold within twenty years after ratification of this Constitution.
Overseas possessions must be converted to Statehood or cast off within twenty years of the ratification of this Constitution. If the Congress shall move to accept an application of the possessions for Statehood, it shall be on an all or nothing basis. All the possessions that apply for Statehood shall be consolidated into one State. Those possessions refusing to apply shall be cast off.
Article 9 – Section 3 – Deminocratic Government
The United States shall guarantee to every State in this Union a Deminocratic Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Each State shall have a Constitution.
Each State shall have an Executive, A Judiciary and a Legislature composed of 2 Houses. One House must be representative where the members must be apportioned by the population of Citizens like the Representative House of the federal government. One House shall be composed of even members per county or parish chosen like the Senate of the federal government.
Each State government must be a limited government and must never go into long-term debt for any reason. If a State wants to borrow money it may but the debt must be repaid before the end of the next fiscal year. A State may not borrow to pay off a debt.
Each State shall provide for Police and the Courts for the States and local governments.
No State may guarantee or give a pension to any State employee.
States are prohibited from waging war under any circumstances against any of the other States.
The federal government shall not prohibit any State from executing any federal law.
Every State is enjoined to execute every federal law.
The States oversee local law matters such as murder, robbery, and more. If a crime occurs on National government property, the State will be the one to investigate and bring charges as necessary. We want to put a stop to actions that harm Citizens where the government investigated themselves and found nothing wrong. Crimes committed within the State should be handled by police not by Congress or the National government. Any crime that occurs in the possessions of the United States is properly handled by the National government.
Every State is mandated to change their Constitutions as needed to conform with the laws embodied in this Constitution. They shall begin that work immediately on ratification of this Constitution and they shall finish within two years. In that interim, they shall take care to observe these new laws in dispensing justice within their State. No State is permitted to be “a laboratory of democracy” where they may experiment with unlimited government. Every State government is to be limited. The States are not allowed implied Powers in their Constitutions.
Every State in the Union shall enjoy the Powers that they have been used to under the old Constitution as well as the new ones conferred in this Constitution. The idea is that the relationship between the National government and the States had gone too far towards the National government and we mean to restore more power to the States. The Courts are enjoined to regard limiting National government to National acts. For example, if a State wants to build a pipeline across the State, then it is their prerogative. The only time the National government can get involved in that act is if the track of the pipeline lies across National government land. A National Act would be, for example for National defense purposes, to require every State to build the necessary points of contact to create a national power grid.
The National government shall not mandate the expenditure of State funds for any purpose. If the National government wishes a State to expend money, the National government must provide the money.
Every State may withdraw from the Union using the following process: Upon a referendum of 80% of their Citizens voting to leave the Union, the petition to leave must be taken up by the federal Congress within 1 month. The decision agreeing to the separation must be rendered within three months after being taken up. The vote in both National houses must be by 80% or more. The Congress will devise the steps needed to separate the State from the Union. The State must be completely separated within five years.
Every state shall have a Republican form of government as defined in the Definitions section of this Constitution.
Every State shall have the same form of election for Governor as is provided for president: an electoral component as well as a popular vote component.
Article 9 – Section 4 – Powers
States have the power of taxation of their Inhabitants.
States have the sole power to lay property taxes.
States will be the only entity to pursue criminal and civil law suits.
States are not allowed to have implied Powers in their Constitutions.
States are mandated to provide limited government in their Constitutions.
States can collect property tax.
States are prohibited from collecting a total tax greater than 7.5% per individual excluding property taxes.
Congress shall design the structures necessary for a State to call out the Militia to repel an invasion.
Each State will fund and support a National Guard.
Article 9 – Section 5 – Limits on States
No State shall enter any Treaty, Alliance, or Confederation.
No State shall grant Letters of Marque and Reprisal.
No State shall coin Money.
No State shall emit Bills of Credit.
No State shall make any Thing but gold and silver Coin a Tender in Payment of Debts.
No State shall pass any Bill of Attainder.
No State shall pass an ex post facto Law.
No State shall pass a Law impairing the Obligation of Contracts.
No State shall grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imports or Duties on Imports or Exports, except what may be necessary for executing it’s inspection Laws. All such Laws shall be subject to the Revision and Control of the Congress.
No Tax or Duty shall be laid on Articles exported from any State.
No State shall make or enforce any law which shall abridge the privileges or immunities of Citizens of the United States.
No State shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless invaded, or in such imminent Danger as will not admit of delay.
No State shall grant or recognize titles of nobility.
No employee or contractor of a State or local government shall be granted immunity for their acts.
Article 10 – Section 3 – Constitutional Conventions
Congress is mandated to create detailed rules of procedure for Constitutional and Ratification Conventions. No State shall have the power of Ratification; all ratifications will be by Convention. Here are the main points of the rules that Congress must incorporate into the detailed rules of procedure:
Congress may set the rules for calling a Convention by either of the Houses of Congress, by the States and by the Citizens through a referendum. A Convention shall be ordered to be convened after either of three events:
If a Convention is voted by 70% by both Houses of Congress,
If a Convention is voted by 60% of the States, the voting to be in a manner that the various States shall choose for themselves,
If a public Referendum receives a 55% vote by the Citizens voting and the vote is certified by the rules in the various States.
There must be a time limit on the process of calling for a Convention. For example, the referendum may take a year to organize but no longer else the call for a Convention fails. A similar time limit shall be mandated for the States to call for a Convention.
No State can retract its call for a convention during the time limit set by Congress.
No call for a Convention from the Citizens can be abrogated by any entity.
Congress must choose a location for the Conventions in the middle of the United States.
Congress must set a limit for duration of the Conventions. No Convention shall be permitted to sit longer than one year.
Congress must set rules for the structure of the Conventions and for the rules of procedure in the Conventions except as noted elsewhere in this Constitution.
Congress must set rules for qualifications of attendees.
Constitutional and Ratifying Convention delegates will be composed of one delegate per Representative district and at-large delegates for the State equaling the number of Senators in that state. Delegates may not be: lawyers, politicians, any government employee, no member of a special interest group, no member of a non-governmental organization devoted to lobbying the government, no person who does business with the government in any way. The idea is to choses delegates that have as little to do with government as possible but not Citizens who have no interest in politics. Any Citizen has standing to challenge the qualifications of any Citizen submitting their name to be a delegate. Congress will take care to provide for selecting alternate delegates in the event of sickness, death or some other disabling condition.
The Constitutional Convention must publish their proceedings every day and allow for feedback from the Citizens. Every viewpoint must be given a chance in the court of public opinion.
The Constitution will be published at the end of the Constitutional Convention. The Citizens will have three months from the end of the Constitutional Convention to the beginning of the Ratification Conventions to read the Constitution.
At the end of the three-month period, the delegates to the Ratifying Convention will be selected in open voting by the Citizens. This selection will be limited to one month.
Following the selection of the Ratification delegates will be a one-month period where the Citizens shall meet with their delegates in public meetings to express their concerns and reservations about the proposed amendments.
The Ratification Conventions shall convene five months after the closing of the Constitutional Convention.
Ratification will be by an approval of 2/3 of the States.
Following the Ratifying Convention, any approved amendment(s) will be implemented as instructed elsewhere in this Constitution.