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>From csn!magnus.acs.ohio-state.edu!zaphod.mps.ohio- state.edu!uwm.edu!wupost!d
ecwrl!csus.edu!csusac!unify!unify!rjc Tue Feb 18 16:35:46 MST 1992
Article: 14362 of misc.legal
Xref: csn alt.society.civil-liberty:3352 misc.legal:14362
talk.politics.guns:17865
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Path: csn!magnus.acs.ohio-state.edu!zaphod.mps.ohio-
state.edu!uwm.edu!wupost!decwrl!csus.edu!csusac!unify!unify!rjc
From: rjc@devo.unify.com (Ronald Cole)
Subject: A Proposed Constitutional Model for the Newstates of America
In-Reply-To: rjc@devo.unify.com's message of 10 Feb 92 10:14:14
Message-ID: <RJC.92Feb10102142@devo.unify.com>
Sender: news@Unify.Com (news admin)
Organization: Unify Corporation, Sacramento, California
References: <1992Feb08.200303.29837feustel@netcom.COM>
<1992Feb09.070959.22209pdh@netcom.COM>
<1992Feb10.003925.11880@athena.mit.edu>
<RJC.92Feb10101414@devo.unify.com>
Distribution: usa
Date: 10 Feb 92 10:21:42
A PROPOSED CONSTITUTIONAL MODEL FOR THE NEWSTATES OF AMERICA
PREAMBLE
So that we may join in common endeavors, welcome the future in
good order, and create an adequate and self-repairing government
- we, the people, do establish the Newstates of America, herein
provided to be ours, and do ordain this Constitution whose
supreme law it shall be until the time prescribed for 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 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 statute.
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 Newstates, each comprising no less than 5
percent of the whole population. Existing states may continue
and may have the status of Newstates 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 accept all Newstate obligations.
SECTION 2
The Newstates 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 Newstates of America shall be
available to them, and they may be allotted funds under rules
agreed to by the national Overseer; but expenditures may not be
made by or for any candidate except they be approved by the
Overseer; and requirements of residence in a voting district
shall be no longer than 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
Newstates 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
Newstates of America; but the objects appropriate for taxation
shall be clearly designated.
SECTION 9
Taxes on land may be at higher rates than those on its
improvements.
SECTION 10
They shall be responsible for the administration of public
services not reserved to the government of the Newstates of
America, such activities being concerned with those of
corresponding national agencies, where these exist, under
arrangements common to all.
SECTION 11
The rights and responsibilities prescribed in this
Constitution shall be effective in the Newstates and shall be
suspended only in emergency when declared by Governors and not
disapproved by the Senate of the Newstates of America.
SECTION 12
Police powers of the Newstates shall extend to all matters
not reserved to the Newstates of America; but prompted powers
shall not be impaired.
SECTION 13
Newstates 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-Newstate
services. They may not enact ex post facto laws or ones
impairing the obligation of contracts.
SECTION 14
Newstates may not impose barriers to imports from other
jurisdictions or impose any hindrance to citizens' freedom of
movement.
SECTION 15
If governments of the Newstates fail to carry out fully
their constitutional duties, their officials shall be warned and
may be required by the Senate, on the recommendation of the
Watchkeeper, to forfeit revenues from the Newstates of America.
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 have 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 have
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 groups 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 elections.
Expenditures shall be audited by the Watchkeeper; 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 restudy and
resubmission. If there still be differences, and if the
President and the Senate agree, they shall prevail. If they do
not agree, the Senate shall prevail and the plan shall be revised
accordingly.
SECTION 8
The Newstates, on June 1, shall submit proposals for
development to be considered for inclusion in those for the
Newstates of America. Researches and administration shall be
delegated, when convenient, to planning agencies of the
Newstates.
SECTION 9
There shall be submissions from private individuals or from
organized associations affected with a public interest, as
defined by the Board. They shall report intentions to expand or
contract, estimates of production and demand, probable uses of
resources, numbers expected to be employed, and other essential
information.
SECTION 10
The Planning Branch shall make and have custody of official
maps, and these shall be documents of reference for future
developments both public and private; on them the location of
facilities, with extension indicated, and the intended use of all
areas shall be marked out.
Official maps shall also be maintained by the planning
agencies of the Newstates, 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 venturer, 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 users.
SECTION 12
Allocations may be made for the planning agencies of the
Newstates; but only the maps and plans of the national Board, or
those approved by them, shall have status at law.
SECTION 13
In making plans, there shall be due regard to the interests
of other nations and such 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 Newstates of America shall be the head
of government, shaper of its commitments, expositor of its
policies, and supreme commander of its protective forces; shall
have one term of 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 Watchkeeper 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
Incapacitation 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 services, 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
Watchkeeper, and shall oversee, through a standing committee, a
Watchkeeping Service conducted according to rules formulated for
their approval.
With the assistance of an appropriate staff the Watchkeeper
shall gather and organize information concerning the adequacy,
competence, and integrity of governmental agencies and their
personnel, as well as their continued usefulness; and shall also
suggest the need for new or expanded services, making report
concerning any agency of the deleterious effect of its activities
on citizens or on the environment.
The Watchkeeper 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 Watchkeeper'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 Watchkeeper 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 Watchkeeping 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 Newstates of America.
SECTION 2
It shall convene each year 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 Newstates, 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 profitmaking
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 Newstates, Possessions, Territories;
or, as shall be mutually agreed, with other organized
governments; but exports shall not be taxed; and imports shall
not be taxed except on recommendation of the President at rates
whose allowable 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 semipublic, shall be regarded as affected with the
public interest and shall be supervised by the Chancellor of
Financial Affairs.
6. To establish institutions for insurance against
risks and liabilities for communication, transportation, and
others commonly used and necessary for public convenience.
[7. paragraph not in the copy used for this file]
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 of 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 Newstate.
Charters shall describe proposed activities, and departure
from these shall require amendment on penalty of revocation. For
this purpose there shall be investigation and enforcement
services under the direction of the Regulator.
SECTION 4
Chartered enterprises in similar industries or occupations
may organize joint Authorities. These may formulate among
themselves codes to ensure fair competition, meet external costs,
set standards for quality and service, expand trade, increase
production, eliminate waste, and assist in standardization.
Authorities may maintain for common use services for research and
communication; but membership shall be open to all eligible
enterprises. 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 Newstates 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
Watchkeeper's Findings. There shall be Circuit Courts to be of
first resort in suits brought under national law; and they shall
hear appeals from courts of the Newstates.
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 its rules; also,
through an Administrator, supervise its operations.
SECTION 3
The Judicial Assembly shall consist of Circuit Court Judges,
together with those of the High Courts of the Newstates of
America and those of the highest courts of the Newstates. It
shall meet annually, or at the call of the Principal Justice, to
consider the state of the Judiciary and such other matters as may
be laid before it.
It shall also meet at the call of the Convener to nominate
three candidates for the Principal Justiceship 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 then 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 Newstates. 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 Newstates.
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 amendatory proceedings are instituted, decision shall
await the outcome.
SECTION 15
The Courts of the Newstates shall have initial jurisdiction
in cases arising under their laws except those involving the
Newstate itself or those reserved for national courts by a rule
of the Principal Justice with the Judicial Council.
ARTICLE 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, if 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 Newstates of America, and, if the Senate approve, may
provide for their organization as Possessions or Territories.
SECTION 4
The President may make agreements with other organized
peoples for a relation other than full membership in the
Newstates of America. They may become citizens and may
participate in the selection of officials. They may receive
assistance for their development or from the National Sharing
fund if they conform to its requirements; and they may serve in
civilian or military services, but only as volunteers. They
shall be represented in the House of Representatives by members
elected at large, their number proportional to their
constituencies; but each shall have at least 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 them 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 Newstate shall interfere with officials of the Newstates
of America in the performance of their duties, and all shall give
full faith and credit to the Acts of other Newstates and of the
Newstates of America.
SECTION 8
Public funds shall be expended only as authorized in this
constitution.
ARTICLE X
Governmental Arrangements
SECTION 1
Offices of the Newstates 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 Watchkeeper,
and the Overseer shall have salaries fixed by law and continued
for life; but if they become members of the Senate, they shall
have senatorial compensation and shall conform to senatorial
requirements.
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 policymaking 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-Presidents, the Principal Justice, and other
officials whose safety may be at hazard; and there shall be a
Protector appointed by and responsible to a standing committee of
the Senate. Protected officials shall be guided by procedures
approved by the committee.
SECTION 7
A suitable contingency fund shall be made available to the
President for purposes defined by law.
SECTION 8
The Senate shall try officers of government other than
legislators when such officers are impeached by a 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 prosecutions.
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 the 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 Newstates' 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 Newstate, or unless other compelling circumstances exist; and
each Newstate shall possess harmonious regional characteristics.
The Commission shall continue while the Newstates make
adjustments among themselves and shall have jurisdiction in
disputes arising among them.
SECTION 6
Constitutions of the Newstates 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 Newstates. 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 Newstates are
seated, their governments shall continue, except that the
President may appoint temporary Governors to act as executives
until succeeded by those regularly elected. These Governors
shall succeed to the executive functions of the states as they
become one of the Newstates of America.
SECTION 8
The indicated appointments, elections, and other
arrangements shall be made with all deliberate speed.
SECTION 9
The first Judicial Assembly for selecting a register for
candidates for the Principal Justiceship of the Newstates of
America shall be called by the incumbent Chief Justice
immediately upon ratification.
SECTION 10
Newstates electing by referendum not to comply with
recommendations of the Boundary Commission, as approved by the
Senate, shall have deducted from taxes collected by the Newstates
of America for transmission to them a percentage equal to the
loss in efficiency from failure to comply.
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.
--
Ronald Cole +----------------------+ internet: rjc@unify.com
Software Engineer II | This space for rent. | uucp: uunet!unify!rjc
Unify Corporation +----------------------+ voice: +1 916 928 6238
"THE BILL OF RIGHTS --- Void where prohibited by law"

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