Wednesday, 29 August 2018
Who’s Behind a Constitutional Convention? Written by C. Mitchell Shaw Nearly all conservatives agree that the federal government — under both Democrats and Republicans — continues to grow beyond the limitations set for it in the U.S. Constitution. As part of that overreach, the federal government has been swelling the national debt into the multiple trillions and treading on the rights of the states and of the people for more than a hundred years. The Insider/Internationalist/Big Government/Deep State/Globalist types — having created the problem in the first place — are now busily forming and funding organizations that offer a “solution” in the form of a modern-day constitutional convention that would have the power to rewrite the U.S. Constitution. They are guilty of what 19th-century French economist Frédéric Bastiat called “concocting the antidote and the poison in the same laboratory.” Having administered a near fatal dose of the poison, they are now pushing slick, well-funded campaigns to sell the antidote. But here is the rub: Administering poison was never the real goal; its purpose was to make the antidote appear attractive. To many conservatives — tired of seeing the federal government overstep its constitutional boundaries and expand its reach into areas it has no business being — nothing seems more “grassroots” than the idea of calling a convention to propose amendments to the Constitution and rein in said federal government. So it is not surprising that every few years new batches of legislation fly across the desks of state legislators to apply to Congress for such a convention. Advocates of a constitutional convention (though they almost always refuse to call it that) claim that it is the only solution that will fix the problem. This erroneous argument comes from the self-appointed “leaders” of a push for a constitutional convention and is repeated by well-meaning (but misinformed and manipulated) patriots all across the country. The argument goes, “Article V gives the state legislatures the power to call a convention to rein in an out-of-control federal government. The Founding Fathers gave us this one tool, and it is up to the state legislatures to use it.” The devil, though, is in the details. The first — and most obvious — problem with that argument is that Article V does not give state legislatures the power to call a convention. It says, “The Congress … shall call a convention for proposing amendments” subsequent to “the application of the legislatures of two thirds of the several states.” State legislatures apply for a convention, but Congress calls a convention. Of course, that means that Congress — a branch of the same federal government the advocates of a convention claim the convention would rein in — has the power (according to Article I, Section 8) to “make all Laws which shall be necessary and proper for carrying into Execution” the convention. That means Congress, not the state legislatures, gets to make the rules for how delegates are chosen, and Congress, not the state legislatures, gets to decide the apportionment of votes. Congress will have much more power over the convention than will the states. The second — and perhaps equally obvious — problem is that the state legislators who the advocates of a constitutional convention claim are going to save us by way of a convention are themselves complicit in the overreach of the federal government. First, most elected officials at the federal level came up to the “big league” through the “farm team” model of serving either on state legislatures or as governors. It is not as if they are somehow totally different creatures. Second, state legislatures routinely accept unconstitutional federal actions and spending as a normal part of their relationship with the federal government — so long as their state benefits from those unconstitutional actions and spending. This incestuous relationship between state governments and the federal government does not inspire confidence that state legislators are apt to rein in the federal government. One will never slay a beast while suckling at its teat. So, to market the idea of a modern-day constitutional convention, the Insider/Internationalist/Big Government/Deep State/Globalist cabal has launched and funded a litany of disingenuous marketing campaigns. These campaigns — promising to solve the problems created by ignoring and refusing to abide by the Constitution — are all based on the erroneous notion that to save the Constitution, America needs to change the Constitution. Completely ignored is the salient fact that unless the Constitution is to blame, changing it is not the answer. Of course, openly blaming the Constitution would be a self-defeating strategy. Add to that the fact that true patriotic groups — such as this magazine’s parent organization, The John Birch Society — have spent decades educating and warning people about the dangers of a modern-day constitutional convention, and it becomes apparent why pro-constitutional convention groups deny that what they are pushing for is a constitutional convention to rewrite the Constitution. Their denials fly in the face of history, logic, and even established definitions. Black’s Law Dictionary is the most widely used law dictionary in the United States and is the reference of choice for terms in legal briefs and court opinions. It has been cited as a secondary legal authority in many U.S. Supreme Court cases. It defines “Constitutional Convention” as “a duly constituted assembly of delegates or representatives of the people of a state or nation for the purpose of framing, revising, or amending its constitution.” And while the pro-constitutional convention crowd claims there is no danger of a convention rewriting the Constitution, the online version of Black’s Law Dictionary gives the following example of the use of “constitutional convention” in a sentence: “Delegates to the constitutional convention convened in 1787 quickly dispensed with any thoughts of retaining the Articles of Confederation and turned, instead, to the creation of a new Constitution.” So when the leaders of the organizations pushing for an “Article V Convention,” “Convention of States,” “Amendments Convention,” etc., claim that what they are proposing is something distinct from a constitutional convention, they are being deliberately dishonest. And their dishonesty masks the very real danger that America could lose what liberty she has left by a new convention replacing our current Constitution with one much more to the liking of the people responsible for creating the problem in the first place. To be clear, this writer wishes to draw a distinction between the “leaders” who practice deceit in their push for a constitutional convention and those who are deceived by them into repeating lies they believe to be true. But ignorance can be as dangerous as dishonesty, and there is far too much at stake here to allow either to take America down this path. Once one knows (and considers) the players behind the organizations promoting the notion that the Constitution needs to be amended to rein in a federal government that ignores the Constitution, it quickly becomes apparent that the Constitution itself is the real target. So who are those players and how do they fund the organizations pushing for a constitutional convention? Over the past several years, one of the key organizations at the forefront of the push for a constitutional convention has been the Convention of States. Co-founded by lawyers Michael Farris and Mark Meckler, the Convention of States has gone by various names, including Convention of States Project and Convention of States Action. When Farris left the organization for greener pastures in January 2017, Meckler assumed sole leadership of the organization. Both Farris and Meckler seem to suffer from the delusion that the best answer to almost any problem is to amend the Constitution. Besides pushing for a “convention of states,” both have backed other dangerous drives to amend the Constitution, including an amendment to grant to the federal government the power to define marriage and a separate amendment to allow it to define parental rights. The Marriage Amendment failed and the Parental Rights Amendment is languishing. It is important to note, though, that the recent decision by the Supreme Court to upend the traditional definition of marriage in favor of “gay marriage” should serve as a strong warning that allowing the federal government to define parental rights would also likely end badly. As part of its push for a constitutional convention, Meckler’s Convention of States hosted a mock convention in Colonial Williamsburg, Virginia, in September 2016. The mock convention was attended by state legislators from all over the country — with many of them having their expenses covered by the event’s organizers. An article published August 2, 2018 by Time magazine explained: The mock convention in Virginia was the creation of two nonprofits operated out of the same office suite in Houston, Texas, run by the same man: Mark Meckler, co-founder of the Tea Party Patriots, an attorney and former Herbalife distributor. The two groups, Citizens for Self-Governance and Convention of States Action, paid at least $130,000 combined for 81 of those lawmakers to attend the trial run. Convention of States Action also promotes model legislation, provides citizen toolkits and lobbies state legislatures to promote a convention of states. But when asked about the source of the money used to finance the tightly scripted and carefully stage-managed mock convention, the ordinarily verbose Meckler had nothing to say. As Time reported: Meckler declined to discuss the groups’ finances. But both organizations have been growing financially, albeit from largely secret benefactors, according to their tax records. Citizens for Self-Governance, also known as the John Hancock Committee for the States, collected more than $4.2 million in 2016, quadrupling its revenue since it began six years earlier. The conservative Mercer family that helped underwrite Donald Trump’s presidential campaign has donated at least $500,000, according to a Center for Public Integrity analysis of tax records. The Greater Houston Community Foundation, a donor-advised fund that doesn’t need to disclose its funders, has contributed more than $2 million to the nonprofit, too. Convention of States Action raised just under $122,000 in its first year in 2014, but in 2016 that amount shot up to almost $5 million, in part after one mystery donor gave just under $1.7 million. With “secret benefactors” funding not only the mock convention but also the expenses of many of the attendees, and Meckler “declin[ing] to discuss the groups’ finances,” there is cause for concern. Add to that secrecy such blatant dishonesty that even Meckler has trouble keeping up with his own spin, and the concern-meter begins to redline. For example, as might be expected from one who refuses to admit that what he is proposing and advocating is a constitutional convention, Meckler was less than honest about the purpose of the murkily funded mock convention. In fact, he both denied and confirmed what anyone paying attention already knew: The mock convention was designed to convince state legislators to get behind the idea of applying to Congress for a “convention of states.” Time reported that in a statement to the Center for Public Integrity, Meckler claimed the mock convention was a strictly educational, nonpartisan event, and that it was not designed to advocate for a convention, to motivate people to author legislation, or to push the movement forward. “It was specifically not the purpose of the event,” he said. “We provided an educational experience for them. If somebody was excited by that, I think it’s just great that somebody got excited by education.” But in both a speech at the mock convention and a video livestreamed on YouTube the last day of the event, Meckler forgot those talking points. He told the assembled “delegates” that the success of the mock convention was proof that America is ready for a “convention of states” to amend the Constitution. And in the YouTube video, Meckler said, “This is the real deal. I mean this is kind of the precursor to the real Super Bowl. It’s sort of a dress rehearsal.” With double-talk and spin of that magnitude coming from Meckler and his organizations, American patriots would do well to question the veracity of his claims that a “convention of states” is a safe solution to America’s problems. While Meckler’s pro-constitutional convention groups conduct their disingenuous push for a constitutional convention while being funded by “secret benefactors,” other pro-constitutional convention groups are even worse. Take the Balanced Budget Amendment Foundation (BBA Foundation) as a prime example. While it is theoretically a distinct organization from the Balanced Budget Amendment Task Force (BBA Task Force), BBA Foundation President Loren Enns is the BBA Task Force campaigns director and four BBA co-founders sit on the BBA Foundation boards of directors and advisors. Those boards’ membership rosters are a litany of “the usual suspects” — typical neocons, members of the globalist Council on Foreign Relations, and Deep State operatives. Here is a sample: • William Owens is a retired four-star Navy Admiral who also served as vice chairman of the U.S. Joint Chiefs of Staff. Besides being a member of the Council on Foreign Relations (CFR), he also serves on the boards of globalist organizations such as the Carnegie Foundation, Brookings Institution, and EastWest Institute, which “convenes annually the only three-party dialogue between the U.S. Democratic and Republican Parties and the Communist Party of China and between senior retired U.S. and Chinese military officers to ensure productive dialogue and common ground between the two nations,” according to its website. • Tommy Thompson was the governor of Wisconsin from 1987 to 2001. He then served as President George W. Bush’s secretary of health and human services from 2001 to 2005. He is also a member of the CFR. • R. James Woolsey was the head of the CIA from 1993 to 1995. He was also ambassador to the Negotiation on Conventional Armed Forces in Europe (CFE) from Vienna from 1989 to 1991, under secretary of the Navy from 1977 to 1979, and general counsel to the U.S. Senate Committee on Armed Services from 1970 to 1973, and is a CFR member. • David Walker served as comptroller general (head of the Government Accountability Office/GAO) for the U.S. government from 1998 to 2008 as an appointee of President Bill Clinton. In 2008, he was personally recruited by CFR Director Emeritus Peter G. Peterson as the CEO of the newly formed globalist Peterson Foundation. Most recently, Walker tried to run for governor of Connecticut. While the constitutional convention crowd claims that theirs is a grassroots movement to rein in the federal government, the rosters of their leadership are swollen with government insiders, globalists, and operatives of the Deep State. A group less likely to want to rein in the federal government would be difficult to find. While the short space of this article limits this writer’s ability to fully expose the agendas of the groups listed above, perhaps a brief primer on the establishment powerhouse known as the Council on Foreign Relations will suffice to both make the point and encourage the reader to investigate the others himself. The CFR was founded in 1921 — after the refusal of the United States to enter the League of Nations — for the purpose of creating an environment conducive to world governance. The CFR boasts a disproportionate degree of political weight: While now only having a membership of 5,000 (equal to about .000015 percent of the U.S. population), it dominates fields such as politics, media, and tax-exempt foundations. The CFR has — since its inception — used its influence to openly push for an erosion of national sovereignty in favor of globalism/internationalism. As part of its globalist agenda, the CFR has long favored the idea of rewriting the Constitution by way of a convention. As The New American’s Gary Benoit wrote in an article entitled “Bicentennial Plot” for an issue of this magazine in 1986 (and later made available online), CFR member Zbigniew Brzezinski made the goal of a modern-day constitutional convention very clear: In his 1970 book Between Two Ages, Council on Foreign Relations member Zbigniew Brzezinski (National Security Advisor in the Carter Administration) discussed the potential for using a convention to bring about change. “The approaching two-hundredth anniversary of the Declaration of Independence,” he stated, “could justify the call for a national constitutional convention to reexamine the nation’s formal institutional framework. Either 1976 or 1989 — the two-hundredth anniversary of the Constitution — could serve as a suitable target date.” CFR members in public office have spent their careers undermining the Constitution — further growing the size and scope of the out-of-control problem those advocating for a constitutional convention claim they want to solve. But the people who got America into this mess are not the ones to trust to get us out of it. And the plan they have had all along to “reexamine the nation’s formal institutional framework” by bringing about “a national constitutional convention” should be seen for what it is: a manipulative, dishonest ploy authored by conspirators hell-bent on altering the United States by changing — or replacing — the Constitution. And they are playing the long game. While twisting and distorting simple truths into convoluted lies in an effort to sell their “solution,” the leaders of the pro-constitutional convention crowd are already looking ahead to their next move. That move is to change the Constitution and then keep on changing it. One such group is the misnamed American Constitution Foundation (ACF), which, not surprisingly, has as its vice president Neal Schuerer, who is also an “advisor to the Balanced Budget Amendment Task Force,” according to its website. Other leaders of ACF include Ron Scott, whose bio includes one of his claims to fame as “Colorado State Director and Senior Advisor, Article V Convention of States Project,” and Denny Meridith, who — besides being a “Senior Political Advisor and Consular Officer in U.S. Department of State” — serves on the boards of both the American School of the Hague in the Netherlands and the International School of Krakow in Poland, where he is also acting president. ACF claims in its mission statement that it is “dedicated to the restoration of the Constitution as the governing document for America.” If that is so, then why is the group working to amend (change) the document it claims to want restored to its proper place? Furthermore, the group’s website states: “Once a convention is called, the first Amendment of an Article V Convention must be one that opens the door for States to more easily convene Conventions.” And (to put in the for-what-it’s-worth column), the push for a constitutional convention does not only come from the Right. Many on the Left are openly pushing for the same thing. The only difference between the two is the ostensible reasons behind wanting a convention. Liberal groups such as Wolf PAC openly advocate for a convention that would have the power to reframe our founding document. And on August 9, the New York Times republished an article from the leftist Jacobinentitled “Think the Constitution Will Save Us? Think Again,” openly calling for a replacement for the Constitution. Make no mistake: If the efforts by “conservative” groups such as BBA Task Force, BBA Foundation, and Convention of States lead America to a constitutional convention, the Left will be there and will be prepared to introduce their own new constitution. In the final summary, the “Article V Convention” movement, while pretending to be both grassroots and pro-Constitution, is neither. Built on subterfuge, secretly funded, and powered by slick, expensive campaigns, the push for a constitutional convention is just another con job by the one-world-government crowd to strip the United States of the liberty protected by the Constitution by opening the document up to either one major change or a series of smaller changes. Patriotic Americans owe it to themselves, their country, and future generations to reject the plans of the Insider/Internationalist/Big Government/Deep State/Globalist types and demand that the Constitution be enforced, not changed. What Can Be Done? What can Americans do to rein in the out-of-control federal government? Plenty! First, continue to educate yourself and others — particularly state legislators and congressmen — about the Constitution. As long as the American people accept — whether out of ignorance or apathy — the status quo of elected officials ignoring constitutional boundaries, the problems will only get worse. By taking the time to understand constitutional principles and meeting — either in groups or one-on-one — with your state legislators and congressmen you can be part of a real solution that restores the Constitution to its proper place. Another important element of that solution is that it is Article VI, not Article V, that — if applied — would rein in the federal beast that has overrun the boundaries set for it. Article V creates a constitutional amendment process designed to correct errors or weaknesses in the Constitution, and such a convention could abolish or replace the Constitution. Article VI, on the other hand, addresses errors or weaknesses in the character of elected officials. It states that the Constitution and laws made in pursuance thereof are the supreme law of the land, creates a constitutional oath taken by all public servants, and creates a duty to reject and oppose all constitutional violations. Finally, in harmony with Article VI, the 10th Amendment allows state legislatures to nullify all unconstitutional laws, since they are not valid in the first place. In United States v. Sprague (1931), the Supreme Court stated, “The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. It added nothing to the instrument as originally ratified.” If the “leaders” of the push for a constitutional convention were truly interested in saving our constitutional republic, they would be working to see Article VI and the 10th Amendment applied. Instead, they claim — despite the clear language of those parts of the Constitution — that neither will do the job, preferring to push for a dangerous convention that could undo what liberty and rights Americans have left. But the American people — you — can do what those “leaders” will not. By applying the Constitution, instead of trying to change it, you can be part of the solution. For information and to find tools for educating yourself and others, visit JBS.org/con-con. 
The Koch Brothers Want To Rewrite The Constitution. They May Succeed.
International Business Times Josh Keefe1 day ago SHARE © Provided by IBT US The Wisconsin Assembly votes Wednesday on whether to call for a convention to change the U.S. Constitution. While that in itself is surprising — the American people have never exercised their legally enshrined right to convene a new Constitutional convention — what’s more surprising is that pro-business groups with ties to the Koch brothers have pushed for similar legislation in more than 30 states, and they’ve been remarkably successful: A dozen states have passed bills calling for a convention that would produce an altered Constitution that would likely limit federal spending and power. According to Article V of the Constitution, just two thirds (34) of the 50 state legislatures need to call for a convention for the purposes of “proposing constitutional amendments” (no governor’s signature is required). Those amendments would then need to be ratified by three quarters of the states, currently 38, to become law. But beyond those very basic requirements, nobody knows what the rules for a convention would be, since one hasn’t occurred since the original in 1787. That single instance, Constitutional law experts warn, provides a harrowing precedent: Delegates tore up the Articles of Confederation they had convened to improve, and produced a whole new governing document. Read: Why Is This Mega-Donor Spending Millions To Defeat Tammy Baldwin? The Wisconsin legislation, which is supported by Gov. Scott Walker, was introduced by Republican Sen. Chris Kapenga, who introduced similar legislation in January 2014 as a member of the Assembly. His bill would call a convention to pass constitutional amendments that would require the federal government to balance the budget, something that Congress will simply never do on its own, Kapenga told International Business Times. “For the country to continue spending at this rate, where revenues are exceeding expenditures consistently, is not sustainable,” Kapenga said. “Whether it’s Democrats or Republicans in charge in Washington, it’s not getting fixed, and no solutions are being proposed to deal with it...I think this is the only option left.” But while proponents of this kind of legislation say that Congress is incapable of reining in a nearly $20 trillion national debt, opponents believe that the Article V movement is an astroturf effort backed by corporate interests that would eliminate environmental and labor regulatory bodies and slash taxes and spending by forcing the federal government to drastically reduce its reach. “It’s not just about a balanced budget,” said Wisconsin Democratic Rep. Chris Taylor. “Mostly I think they are going at the social safety net, they are going to go after Social Security and Medicare because it’s so unpopular to cut those programs, and this is how they do it.” One of the two main groups pushing an Article V convention is the Convention of States, a project by Citizens for Self-Government, a nonprofit that doesn’t disclose its donors and has a variety of connections to David and Charles Koch, the billionaire industrialist brothers whose eponymous company is one of the country’s worst polluters and who have become synonymous with both overt and covert political spending in pursuit of limited government. Another nonprofit supporting the movement is the American Legislative Exchange Council, or ALEC, an organization “dedicated to the principles of limited government, free markets and federalism” that brings corporations and lawmakers together to draft model legislation that is then introduced in the states. ALEC doesn’t disclose its members, although the group’s opposition to climate change measures, gun control and voting rights has led to a recent exodus of member corporations and lawmakers. Another anonymous-donor group called the Balanced Budget Amendment Task Force is calling specifically for a balanced budget amendment, as its name would suggest. That group says it has 27 states on board, based on previous calls going back decades for a balanced budget amendment, starting with Indiana in 1957. ALEC has drafted model Article V legislation and nearly identical legislation passed the state legislature in Missouri at the end of May; it called for a convention to “impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.” Texas also passed Article V legislation last month, but the bill’s language, like the Wisconsin bill, more narrowly limits convention delegates to voting on amendments that would balance the budget. “We need to make sure it’s crystal clear that we have no legal authority outside of that discussion point,” Kapenga told IBT. The senator said the bill was not inspired by ALEC or other corporate interests and that his bill differed from ALEC’s model legislation. "Just because somebody is pushing the same interest as me, doesn’t mean they are driving me,” Kapenga said. Taylor attended ALEC’s 2013 conference in Chicago where Citizens for Self-Governance pitched the Article V convention to lawmakers. She told IBT she saw the same presentation that inspired Kapanga to author his bill. “I can’t emphasize this enough: This was a call-to-action workshop,” Taylor told IBT. “This was a workshop where the legislators were told if you don't do this, if you don't lead this effort, if you don't go home and push this amendment, then you will be failing the Republic. It was like a church revival... I’m sitting back there thinking ‘oh my god this is wacky.’ “I was sitting several rows behind the lead author of the bill, Chris Kapanga,” Taylor said. “He’s trying to present this as his own idea. It’s really kind of laughable. I was there. I said to myself ‘I will see this bill in six months.’ Sure enough, I saw the bill in January.” ‘Trump is not the solution’ Convention of the States is populated by Tea Party veterans. It was co-founded by Mark Meckler, co-founder of the Tea Party Patriots, and is chaired by Eric O’Keefe, veteran political operative and longtime Koch brothers ally who worked on David Koch’s 1980 presidential campaign, chaired the now-defunct Sam Adams Alliance, which trained tea party activists, co-founded the Campaign for Primary Accountability, a super PAC that supported primary challenges to incumbent lawmakers of both parties, and directs the Wisconsin Club For Growth. On Monday, the Convention of States announced that former South Carolina Sen. Jim DeMint, R-SC, who was one of the first elected officials to embrace the Tea Party movement and was recently ousted as the head of the Heritage Foundation, had joined the group. “I tried to rein in Washington from inside the House and Senate, then by starting the Senate Conservatives Fund to elect good conservatives, and finally as president of the Heritage Foundation, creating and promoting good, conservative policy,” Demit said in a statement. “But once I realized that Washington will never willingly return decision-making power back to the American people and the states, I began to search for another way to restrain the federal government.” © Photo: Reuters U.S. Senator Jim DeMint (R-SC) (C) arrives to address the…According to the Center for Media and Democracy, Koch-linked groups have donated nearly $5.4 million to Citizens for Self-Government between 2011, when the group was founded, until 2015, the last year tax records are available. IRS filings show Citizens for Self-Government funding increased from $1.8 million to $5.7 million over that period. “The American people are fed up. Trump is not the solution. He’s a symptom of that frustration,” Meckler told USA Today earlier this week.“The American people are seeing that didn’t solve the problem, so now what? Eventually, they will come to this solution.” ‘A Very Real Threat’ Even though such a convention would be unprecedented, with no clear rules on how it would work, Constitutional law experts admit it could happen. “I think it is very possible,” David Super, a law professor at Georgetown Law, told IBT. “It’s a very real threat.” By using what Super calls “fuzzy math,” advocates of the effort say they are actually on the cusp of success. Article V advocates note that many states have called for conventions in decades and even centuries past. When counting those states, the total number of states calling for a constitutional convention is at 27. As Super points out, given that Republicans control Congress, the Executive and the legislatures in 32 states, it’s not hard to imagine a scenario where the “fuzzy math” is enough. If that happens and a convention is convened, Super warns, there would be no enforceable mechanism that would ensure delegates stick to the amendments they were called upon to consider, making a “runaway convention” possible. “There’s nothing in the Constitution that provides for a limited purpose convention,” Super told IBT. There is precedent that suggests officials selected by the states become federal officials once they take office, and can’t be recalled by the states if they deviate from their stated objective, as convention proponents have argued. And, Super argued, the Supreme Court has largely established that it rules within the confines of the Constitution, so a convention would be outside of its jurisdiction. “There is absolutely no referee,” Super said. This could open up the convention to a flood of special interest money. And there is no rule stating the convention would have to be open to the public. “We wouldn’t know if everybody with big money was working over the delegates… There are absolutely no rules at all.” But the one rule that is clear in the current Constitution, a rule which some warn could be rewritten at a convention, is that 38 states, or three-quarters of the states, would have to ratify whatever came out of the convention. “There is a risk of a runaway convention,” Michael Gerhardt, a constitutional law professor at the UNC School of Law told IBT. However, he said, “you could come up in theory with a relatively bizarre amendment, but you would need three-quarters of the states to ratify. That’s the presumed protection against a rogue amendment.” But there’s no time limit for ratification. As the 27th Amendment’s 200-year wait for ratification shows, over time, state legislatures could change hands and a climb to 38 could be possible. (Congress has at times put time limits on ratification for several Constitutional amendments it sent to the states.) Part of the reason there has not been a constitutional convention is because lawmakers generally react to whatever movement has caused momentum for a convention to build. In the 1970s and ’80s, calls for a convention to enact a balanced budget amendment spurred Congress to act to reduce the deficit. “Constitutional amendments have never been originated in the states because whenever there are calls in the states, Congress gets ahead of it,” Ilya Shapiro, a senior fellow of constitutional studies at the Cato Institute told the Washington Post in 2015. “Congress will see the writing on the wall.” Rescinding Outstanding Convention Calls Still, the possibility of a convention is real enough that in the last few months lawmakers opposed to the idea in Nevada, New Mexico and Maryland have quietly combed through their legislative records to identify, and rescind, all previous calls for a convention so as not to have their states counted toward the 34-state threshold. In 2014, Vermont called for a constitutional convention to overturn Citizens United, but the state’s legislature recently rescinded that call in response to the growing Article V movement. In Maryland, William Frick, the Democratic majority leader of the state’s House of Delegates, introduced legislation that rescinded at least four previous calls for a constitutional convention that had to do with prayer in schools and repealing income taxes, among other issues. “We had a sense that there are groups out there looking to make radical changes to the Constitution through this convention process and we didn’t want Maryland to be contributing to that, regardless of what the ostensible subject matter was,” Frick told IBT. A balanced budget amendment could wreak havoc on the Maryland economy, which is heavily dependent on federal jobs in nearby Washington, D.C. But experts warn the damage wouldn’t be limited to the beltway. While ALEC told IBT that exceptions to the balanced budget rules would exist for cases of war or an emergency, the natural economic cycle of recession and recovery could be exacerbated by a requirement the federal government balance its books. In January, the Center on Budget and Politics Priorities said balanced budget amendment would “launch a vicious spiral of bad economic and fiscal policy: a weaker economy would lead to higher deficits, which would force policymakers to cut spending or raise taxes more, which would weaken the economy further.” While nearly all states are legally required to have balanced budgets, the federal government is often there to fill the gaps and provide needed funding in the event of a recession. If the federal government were required to have balanced budgets, opponents argue, recessions would be longer and deeper, because when tax revenues fall, the government would have less money to spend on things like food stamps, unemployment insurance and investment in projects that could spur growth. Essentially, the government would be unable to use Keynesian economic tools. For proponents, of course, this temporary pain would be an acceptable side effect for the benefits of ending the federal deficit. A Convention Dress Rehearsal While experts maintain there is simply no way to know what a convention would look like, what the rules are, or even who would make the rules, some groups have taken steps to turn the abstract concept of a modern constitutional convention into a concrete process. The Assembly of State Legislatures is, as the name implies, a group of state lawmakers who are developing a set of rules that could be used at a constitutional convention. The group is led by Kapanga and Missouri Democratic Sen. Jason Holsman, who introduced legislation in Missouri calling for a constitutional convention in order to implement “free and fair elections,” mirroring efforts by some on the left to use the Article V process to overturn the 2010 Citizens UnitedSupreme Court decision. Similar rules were developed and used at the Convention of States’ simulated convention in Williamsburg, Virginia, in September. Both sets of rules mandated that each state receive one vote, which means that Wyoming would have the same power at a convention as California. This would drastically tilt the balance of power at a convention toward Republicans. For example, while Hillary Clinton won the popular vote in last year’s election, she won just 20 states and the District of Columbia. Champions of the Article V push say the simulated convention shows the process would work and wouldn’t become a free for all. “It demonstrates the convention is not going to run away,” Karla Jones, the director of ALEC’s federalism task force, told IBT. “We believe that the runaway convention is myth.” Given that there was nothing at stake, and no special interests greasing delegate palms, it’s perhaps not surprising the simulated convention didn’t get out of hand. But the amendments the simulated convention did pass would be seen by many as radical changes to the system of American government. The amendments passed would:
“This is very much abandoning everything our country has been,” Super told IBT. “This is not tweaking or improving — this is abandoning it.” __________________________ 
KochPAC
KochPAC is the political action committee funded by the Koch brothers, Charles and David, which contributes money to state legislators who support the Con Con. KochPAC donated heavily to Texas state candidates for the 2016 election, so much so that the media called Texas the "Koch Star State" rather than the "Lone Star State."[1] The press asked, "So why are the Kochs investing so heavily in state-level races in Texas while virtually ignoring state-level elections in the majority of the country?"[1] One answer may be to push the Con Con there. The Koch brothers donated to five out of the nine members of the Senate State Affairs Committee that voted on the Con Con, including a Democrat who would be ordinarily opposed to the Koch business interests. The Koch brothers donated to less than half the Texas Senate overall. Records show that KochPAC made $2000 donations to these campaigns:
References 
Convention of States Project writing own rules for a “convention”
By Rasputin Well well well. The Convention of States Project had a busy week. Not only have they made it clear they think they are “in charge” through denigration of critics and legislators, ad hominem attacks on detractors, and allowing people on their FB page to get away with threatening those who disagree; now they think they have made it clear they are totally in charge of any “convention” and are writing the rules for said convention, and expecting all state legislators in the country to go along with them. Those who don’t believe in their project and “rules” be damned. Rasputin got wind of this from CoS Project Facebook page. Convention of States Project Launches Legislator Caucus. Screen shot of their presser below: The first order of business—and something that hasn’t been accomplished by other Article V groups, the COS Caucus will be discussing and finalizing a set of rules for a Convention of States, the first draft of which will be announced on Thursday, July 23rd, at an evening reception during the upcoming American Legislative Exchange Council (ALEC) meeting in San Diego, California. “There have been concerns about what a Convention of States will look like – what the rules will be and how the Convention will proceed,” said Michael Farris, Senior Fellow for Constitutional Studies and co-founder of the Convention of States Project. “The rules we’re proposing, once agreed upon by a majority of state representatives, will answer those concerns.” Oh really? One FBer had this reaction to their announcement: Rasputin couldn’t have said it any better. And three out of the four, whom are part of the Convention of States “team,” say will write said “rules” which will be beholding to all of the 7,383 state legislators in the country. Rasputin is normally pretty dour, especially when I’m counseling Czarina Alexandra, but now I’m LMBO. Farris and Meckler’s audacity and chutzpah are at the point where they are laughable. They claim this was all hammered out at a meeting in San Diego July 23 and 24 this year, just two days ago, in conjunction with ALEC. The American Legislative Exchange Council. This group purports to give input to other states’ legislatures about the kinds of experiences they have had and how to make states better. Here is the page where state legislators can give “input” into Meckler’s and Farris’ “rules”: ALEC says speakers at their caucus, among others, were Ted Cruz and Scott Walker. Looking up Cruz’s schedule tells us on the 23rd he was in DC at a protest rally of the Iran deal. And on the 24th most of us heard the shouting even all the way to Alaska when he was in the Senate chambers calling Sen. Mitch McConnell “a liar.” And as far as Walker goes, he has been on a 1,000 mile campaign tour with his boys. Way… far from San Diego. Could either or both have grabbed a plane for a quick trip to San Diego? Possibly, but not likely. As far as Rasputin is concerned it’s up to ALEC to prove they were there. And finally, one cannot leave a post on Mssrs. Meckler, Farris and their cabal without a salient tweet. This from @BearlyThere in response to CoS supporter Sen. Jason Rapert: ___________________________  Mark Meckler and radical Leftist Lawrence Lessig
FDR's "Court Packing" Scheme Now an Inspiration for the Convention of States Michelle Horstman July 3, 2015 This past week's Supreme Court (SCOTUS) decisions were devastating to many, with many areas of grave concern. From homosexual marriage to Obamacare to voter ID, this was a very left-leaning court with decisions that may have dire consequences. Never letting a crisis go to waste, enter the Convention of States (COS) team, always prepared with an Article V Convention solution for everything. This week, the latest reason for an Article V Convention has become judicial reform. Of course, that was always a goal of leftist radical Lawrence Lessig (adviser to the CFA effort for an Article V Convention), whose outrage over the SCOTUS decision on campaign finance reform has always been his #1 cause. We recall that Lessig was the one, along with the COS' Mark Meckler, who convened the ConConCon back in the fall of 2011 and got the movement rolling. Among those writing on the recent decisions, with an Article V Convention as the answer, of course, are Prof. Rob Natelson, Michael Farris, and others. What may be the most disturbing part of this comes from the article written by Michael Farris, where he actually suggests using the FDR "court packing" scheme: FDR's solution to this problem was to limit the power of the individual justices by his famous court-packing scheme. He would increase the number of seats on the Supreme Court—they were old and over-worked and needed help. Armed with new appointments to make, FDR could remake the Court in his own image to achieve his desired political results. Farris goes on to suggest a few ways something like this could work, using "superior political tactics." My favorite is to follow FDR's court-packing idea but with vigor. Every state should be allowed to appoint a member of the Supreme Court. They could serve for a brief term, perhaps eight years. Removing Supreme Court appointments and confirmations from Washington, DC, is the only realistic way to ensure true judicial independence. Otherwise, you get the power cabal that we have in place which was clearly in play in this week's Obamacare decision. If Congress messes up, don't worry, the Supreme Court has got your back to preserve the relentless march towards the centralization of power. Of course, all of these changes will require a constitutional amendment. And it would be naïve in the extreme to believe that Congress would propose an amendment to take away the power of their partners in power aggregation. The only way these kind of changes can be made is through an Article V Convention of States. The Founders told us that there would come a day when the federal government would abuse its power. When that day arose, the States needed the ability to rein in the abuse of federal power by constitutional means. Even in desperate times, is it the right move to encourage "court packing" and other schemes? If an Article V Convention is meant to correct past mistakes and corruption, should they be using the same underhanded, controlling tactics that FDR tried many years ago? Even many of FDR's supporters at the time refused to go along with it, and he was not able to get it passed. From "Enter Stage Right" magazine: Everyone claimed some measure of victory. But in the end, the American people won the most because the Senate did exactly what its Judiciary Committee had recommended. The Senate "so emphatically rejected" FDR's court-packing scheme that no similar plan ever has been, or likely ever will be, "presented to the free representatives of the free people of America." Apparently, Michael Farris and the people at the Convention of States beg to differ. Michelle Horstman is a small business owner and mother of three, living in the Texas Hill Country. She has written for NewsRealBlog, PJ Media and CanadaFreePress. View all posts by Michelle Horstman → Read more at ___________________________ 
If A Convention of States Can Be So Dangerous, Why Was Article V Put in the Constitution in the First Place?
Publius Huldah was recently asked, "If a Convention of States can be so dangerous, why was Article V put in the Constitution in the first place?" She provided a short and concise answer. Having gone through James Madison's journal of the federal convention of 1787, which she displayed while providing her answer, she pulled out every reference to Article V of the US Constitution and wrote on the development of Article V. "Madison's journal doesn't say why the convention met that was put in," she said. "It was added on the last day of deliberations, September 15, 1787. There was no discussion as to why it was put in," she continued. "It may have been put in to try to get George Mason and his two friends, Mr. Randolph and Mr. Gerry to sign the Constitution, because they wanted all of the delegates who were at the convention to sign it." She went on to explain that Mason wanted a method of amending the Constitution that Congress had nothing to do with. "The convention method was put in, but since Congress calls the convention and because of the 'necessary and proper' clause, Congress still controls it," she said. Publius says that Mason and his two friends were the only delegates to the convention that did not sign the Constitution. In the end, Publius said that we really don't know why Article V was actually put into the Constitution. After all, if it was to appease these three men, it failed to have its effect. However, she did say, "Just because something is in the Constitution, doesn't mean that it's a good idea and we ought to do it." And you know people will roll their eyes at that comment. Because of that, she went on to provide an example: Slavery. "That (slavery) was a moral evil, but it was put in because the abolitionists had to compromise with the slave owners," she pointed out. "So, it was a compromise." "The fugitive slave laws were permitted by Article IV, Section 2, Clause 3," she added. "The fugitive slave laws were an abomination, but it was in the Constitution." The Thirteenth Amendment repealed that provision. "Our Constitution, on the whole, was a 5,000 year miracle, but it was drafted by men who were fallen and there were flaws in it," she admitted. "Slavery was one flaw, and I submit that the convention method of proposing amendments was another flaw." Publius also said that James Madison argued against the convention method from the very beginning, citing Federalist Paper number 49, in which he discussed, at great length, what a terrible idea it is to have a convention to correct any federal usurpations. She also pointed to a November 1788 letter from Madison to James Turberville as evidence that Madison opposed the convention method. "It was primarily because of James Madison's dire warnings and his status as the father of our Constitution that we have never had an Article V convention in the past," she concluded. Don't forget to Like Freedom Outpost on Facebook, Google Plus, Tea Party Community & Twitter. You can also get Freedom Outpost delivered to your Amazon Kindle device here. Read more at Please note that this presentation was from The Villages Tea Party Jan 26, 2015 meeting - to view the entire presentation _________________________ 
Article V: Congress, Conventions, and Constitutional Amendments By Matthew Spalding, Ph.D. and Trent England Advocates of a “living” Constitution argue that the Founders' Constitution is hopelessly outdated and unable to grow and adapt to the times. The amendment procedure detailed in Article V belies such claims. As Madison explains in The Federalist, the amendment procedure allows subsequent generations to correct errors and make whatever "useful alterations will be suggested by experience." Yet at the same time, the difficulty of constitutional amendment prevents the Constitution from being deprived "of that veneration, which time bestows on everything, and without which the wisest and freest governments would not possess the requisite stability." By design, the amendment process requires extensive deliberation and ensures that amendments are the settled opinion of the American people. To date, as was expected, every amendment to the Constitution has been proposed through Congress before being ratified by the states. Although there have been several attempts to call an Article V amending convention—some of which have driven Congress to act—the extensive unknowns and significant risks involved in that uncharted option make congressional proposal of amendments abundantly more prudent and the most viable method to achieve serious constitutional reform. This essay is adapted from The Heritage Guide to the Constitution for a new series providing constitutional guidance for lawmakers. “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress....” — Article V The process of amendment developed with the emergence of written constitutions that established popular government. The charters granted by William Penn in 1682 and 1683 provided for amending, as did eight of the state constitutions in effect in 1787. Three state constitutions provided for amendment through the legislature, and the other five gave the power to specially elected conventions. The Articles of Confederation provided for amendments to be proposed by Congress and ratified by the unanimous vote of all thirteen state legislatures. This proved to be a major flaw in the Articles, as it created an insuperable obstacle to constitutional reform. The amendment process in the Constitution, as James Madison explained in The Federalist No. 43, was meant to establish a balance between the excesses of constant change and inflexibility: “It guards equally against that extreme facility which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults.” In his Commentaries on the Constitution of the United States, Justice Joseph Story wrote that a government that provides no means of change, but assumes to be fixed and unalterable, must, after a while, become wholly unsuited to the circumstances of the nation; and it will either degenerate into a despotism, or by the pressure of its inequalities bring on a revolution.... The great principle to be sought is to make the changes practicable, but not too easy; to secure due deliberation, and caution; and to follow experience, rather than to open a way for experiments, suggested by mere speculation or theory. In its final form, Article V creates two ways to propose amendments to the Constitution: through Congress or by a special convention called by the states for the purpose of proposing amendments. In either case, the proposed amendment or amendments must then be ratified by the states, either (as determined by Congress) by state legislatures or by ratifying conventions in the states. The Virginia Plan introduced at the start of the Constitutional Convention called for amendment “whensoever it shall seem necessary.” The Committee of Detail proposed a process whereby Congress would call for a constitutional convention on the request of two-thirds of the state legislatures. George Mason feared this method was insufficient to protect the states, while Alexander Hamilton thought that Congress should be able to propose amendments independent of the states. Madison (as recorded in his Notes of Debates in the Federal Convention of 1787) thought the vagueness of an amendment convention sufficiently problematic to reject the provision: “How was a Convention to be formed? By what rule decide? What the force of its acts?” After further debate, the delegates passed language proposed by Madison (and seconded by Alexander Hamilton) that the national legislature shall propose amendments when two-thirds of each House deems it necessary, or on the application of two-thirds of the state legislatures. Proposed amendments were to be ratified by three-fourths of the states in their legislatures or by state convention. The Constitutional Convention made two specific exceptions to the Amendments Clause, concerning the slave trade (Article V, Clause 2) and equal state suffrage in the Senate (Article V, Clause 2), but defeated a motion to prevent amendments that affected internal police powers in the states. Just before the end of the Convention, George Mason objected that the amendment proposal would allow Congress to block as well as propose amendments, and the method was changed again to require Congress to call a convention to propose amendments on the application of two-thirds of the states. Madison did not see why Congress would not be equally bound by two-thirds of the states directly proposing amendments as opposed to the same number calling for an amendments convention, especially when the proposed Article V convention process left so many unresolved questions. In the end, Madison did not object to including an amendments convention “except only that difficulties might arise as to the form, the quorum etc. which in constitutional regulations ought to be as much as possible avoided.” The careful consideration of the amending power demonstrates that the Framers would have been astonished by more recent theories claiming the right of the Supreme Court to superintend a “living” or “evolving” Constitution outside of the amendment process. More significantly, the double supermajority requirements—two-thirds of both Houses of Congress and three-quarters of the states—create extensive deliberation and stability in the amendment process and restrain factions and special interests. It helps keep the Constitution as a “constitution,” and not an assemblage of legislative enactments. Most importantly, it also roots the amending process in the Founders’ unique concept of structural federalism based on the dual sovereignty of the state and national governments. The advantage of the Amendments Clause was immediately apparent. The lack of a bill of rights—the Convention had considered and rejected this option—became a rallying cry during the ratification debate. Partly to head off an attempt to call for another general convention or an open-ended amendments convention, but mostly to legitimize the Constitution among patriots who were Anti-Federalists, the advocates of the Constitution (led by Madison) agreed to add amendments in the first session of Congress. North Carolina and Rhode Island acceded to the Constitution, and further disagreements were cabined within the constitutional structure. Madison had wanted the amendments that became the Bill of Rights to be interwoven into the relevant sections of the Constitution. More for stylistic rather than substantive reasons, though, Congress proposed (and set the precedent for) amendments appended separately at the end of the document. Some have argued that this method makes amendments more susceptible to an activist interpretation than they would be otherwise. As Madison predicted, the difficulties inherent in an Article V amendments convention have prevented its use, though some state applications (depending on how those applications are written and counted, an additional controversy in the Article V convention process) have come within one or two states of the requisite two-thirds. Precisely because of the potential chaos of the process, the very threat of an amendments convention can be used to pressure Congress to act rather than risk an amendments convention. The movement favoring direct election of Senators was just one state away from an amending convention when Congress proposed the Seventeenth Amendment in 1911. Most recently, in the 1980s, state applications for a convention to propose a balanced budget amendment led Congress to vote on such an amendment and pass the Gramm-Rudman-Hollings Act (later declared unconstitutional in part by the Supreme Court) requiring the federal budget to be balanced. There have been hundreds of applications for an amending convention over the years from virtually every state. Because no amending convention has ever occurred, an important question is whether such a convention can be limited in scope, either to a particular proposal or within a particular subject. While most calls for amending conventions in the nineteenth century were general, the modern trend is to call (and thus count applications) for conventions limited to considering a single, specific amendment. Some scholars maintain that such attempts violate the very mechanism created by Article V: the text says that upon application of the states Congress “shall call a Convention for proposing Amendments,” not for confirming a particular amendment already written, approved, and proposed by state legislatures (which would effectively turn the convention for proposing amendments into a ratifying convention). Indeed, it is not at all clear as a matter of constitutional construction (and doubtful in principle) that the power of two-thirds of the states to issue applications for a convention restricts, supersedes, or overrides the power of all the states assembled in that convention to propose amendments to the Constitution. Other questions include the many practical aspects of how an amending convention would operate and whether any aspects of such a convention (including going beyond its instructions) would be subject to judicial review. The Federalist Papers, unfortunately, offer no guidance on this matter. Madison refers to amendment conventions in Federalist No. 43 only in general terms, noting that Article V “equally enables the general and the State governments to originate the amendment of errors.” And in Federalist No. 85, while Hamilton discusses how Congress cannot limit the scope of an Article V convention, he says nothing as to whether states can or cannot do so. The requirement that amendments proposed by such a convention must be ratified by three-fourths of the states is a significant limit on the process and likely prevents a true “runaway” convention from fundamentally altering the Constitution. Serious scholars will undoubtedly continue to debate the historical record and speculate about the possibility of an amendments convention under Article V. Nevertheless, the lack of precedent, extensive unknowns, and considerable risks of an Article V amendments convention should bring sober pause to advocates of legitimate constitutional reform contemplating this avenue. While a valid method created and available under the Constitution, “a Convention for proposing Amendments” has never been viewed as just another tool for reform but has become ever more so an ultimate option to be deployed only in extremis for the sake of maintaining the Constitution. Hence, the only time Madison pointed to an amendments convention was during the Nullification Crisis of 1832 as a last-ditch effort to prevent the wholly unacceptable and unconstitutional alternative of nullification and secession that then threatened the continued existence of the United States. Likewise, when Abraham Lincoln looked to constitutional reforms to resolve disputed questions in the midst of the Civil War, he noted that “under existing circumstances” the convention mode “seems preferable” precisely because it “allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions originated by others, not especially chosen for the purpose.” Yet when the immediate crisis was over, Lincoln strongly advocated what became the Thirteenth Amendment by congressional proposal and did not pursue an amending convention, despite the amendment’s initial failure in the House of Representatives. It should be noted that in both cases an amendments convention was understood to be free to propose whatever amendments thought necessary to address the problems at issue. Much greater certainty—not to mention extensive historical experience and proven political viability—exists as to the power of Congress to propose amendments. Since 1789, well over 5,000 bills proposing to amend the Constitution have been introduced in Congress; thirty-three amendments have been sent to the states for ratification. Of those sent to the states, two have been defeated, four are still pending, and twenty-seven have been ratified. Because of the national distribution of representation in Congress, most amendment proposals are defeated by a lack of general support and those amendments that are proposed to the states by Congress are generally likely to be ratified. In a challenge to the Eleventh Amendment, the Supreme Court waved aside the suggestion that amendments proposed by Congress must be submitted to the President according to the Presentment Clause (Article I, Section 7, Clause 2). Hollingsworth v. Virginia (1798). In the National Prohibition Cases(1920), the Court held that the “two-thirds of both Houses” requirement applies to a present quorum, not the total membership of each body. One year later, in Dillon v. Gloss (1921), the Court allowed Congress, when proposing an amendment, to set a reasonable time limit for ratification by the states. Since 1924, no amendment has been proposed without a ratification time limit, although the Twenty-seventh Amendment, proposed by Madison in the First Congress more than two hundred years ago, was finally ratified in 1992. Regardless of how an amendment is proposed, Article V gives Congress authority to direct the mode of ratification. United States v. Sprague (1931). Of the ratified amendments, all but the Twenty-first Amendment, which was ratified by state conventions, have been ratified by state legislatures. In Hawke v. Smith (1920), the Court struck down an attempt by Ohio to make that state’s ratification of constitutional amendments subject to a vote of the people, holding that where Article V gives authority to state legislatures, these bodies are exercising a federal function. Although some scholars have asserted that certain kinds of constitutional amendments might be “unconstitutional,” actual substantive challenges to amendments have so far been unsuccessful. National Prohibition Cases (1920); Leser v. Garnett (1922). The Supreme Court’s consideration of procedural challenges thus far does not extend beyond the 1939 decision of Coleman v. Miller, dealing with Kansas’s ratification of a child labor amendment. The Court split on whether state ratification disputes are nonjusticiable political questions, but then held that Congress, “in controlling the promulgation of the adoption of constitutional amendment[s],” should have final authority over ratification controversies. In the end, the Framers believed that the amendment process would protect the Constitution from undue change at the same time that it would strengthen the authority of the Constitution with the people by allowing its deliberate reform while elevating it above immediate political passions. “The basis of our political systems is the right of the people to make and to alter their Constitutions of Government,” George Washington wrote in his Farewell Address of 1796. “But the Constitution which at any time exists, ‘till changed by an explicit and authentic act of the whole People, is sacredly obligatory upon all.” Matthew Spalding, Ph.D., is the Director of the B. Kenneth Simon Center for American Studies at The Heritage Foundation and the Executive Editor of The Heritage Guide to the Constitution, in which a version of this essay was originally published. Trent England is the director of constitutional studies at the Evergreen Freedom Foundation. 
Men Who Are Working Together to Destroy the US Constitution
In the photos are: The Kochs, Kissinger, Soros, Lessig, Norquist, Meckler, Levin, Farris. They want our US Constitution changed! I recognize aspects of Fabian socialism in the leaders of the so-called “convention of states” project and in the “Compact for America” gang. Socialists fall into basically two camps: The Fabians [the intellectual elite should run everything] and the Syndicalists [the workers should run everything]. Fabian socialists took over America 100 years ago – the Progressives of the early 1900s were Fabians; and both major political parties ever since have been controlled by Fabians. Fabians hold the view that the masses are so stupid that they need to be steered, directed, managed, and controlled by the “intellectual” elite – by means of laws and regulations and government controls (including population control). We KNOW, from Mark Levin’s “liberty amendments” and from Michael Farris’ “parental rights” amendment, that they want an all-powerful central government which controls every aspect of our lives. We KNOW, from Nick Dranias’ version of a “balanced budget” amendment, that he wants Congress to have the power to impose a NATIONAL SALES TAX and a NATIONAL VALUE ADDED TAX – in addition to the income tax. Americans! You better start looking at the “fruits” of these people instead of what they tell you. They tell you what you want to hear. Meanwhile, as the texts of their proposed amendments show, they plan to enslave you and reduce you to poverty. Use your own heads! If you continue to go by what these people tell you – instead of going by the texts of the Amendments they propose – then you will have proved that Americans really are so stupid that they deserve to be controlled by the “elite”. Open your eyes! God gave YOU a brain – why do YOU refuse to use the Gift God gave you? Read about Mark Levin’s phony “liberty amendments”. Read about Michael Farris’ despicable “parental rights” amendment which delegates control over families to the federal government. HERE is the text of his proposed amendment. Read about Compact for America’s (Nick Dranias’) version of a “balanced budget” amendment which delegates to Congress power to impose a national sales tax and a national value added tax (VAT) in addition to keeping the income tax. Time is running out. You better open your eyes now. Nov. 9, 2015 ___________________________ 
Convention of States Project uses unethical meeting tactic
By Anastasia Here we go folks with some more unethical behavior by Mssrs. Meckler, Farris and their cabal. This time it is using an unethical technique in meetings to insure a desired outcome. Sue Bican is involved with the Convention of States Project. How far into the group Anastasia does not know, but her name is listed in their website. See below: Ms. Bican is also involved with the Central Minnesota Tea Party Patriots and was to chair a meeting on July 13 of this year. Ms. Bican, according to her Facebook page is an avid proponent of an Article V convention as proposed by Meckler’s Convention of States Project. What is interesting about the meeting she was to chair (and I’ve yet to see a report) is she planned on using an unethical technique to manipulate her desired outcome, and apparently has no shame about sharing this in the news. This technique is called the “Delphi technique” and has been around for about 60 years. Eagle Forum explains: In group settings, the Delphi Technique is an unethical method of achieving consensus on controversial topics. It requires well-trained professionals, known as “facilitators” or “change agents,” who deliberately escalate tension among group members, pitting one faction against another to make a preordained viewpoint appear “sensible,” while making opposing views appear ridiculous. [sic] The facilitator begins by working the crowd to establish a good-guy-bad-guy scenario. Anyone disagreeing with the facilitator must be made to appear as the bad guy, with the facilitator appearing as the good guy. To accomplish this, the facilitator seeks out those who disagree and makes them look foolish, inept, or aggressive, which sends a clear message to the rest of the audience that, if they don’t want the same treatment, they must keep quiet. When the opposition has been identified and alienated, the facilitator becomes the good guy – a friend – and the agenda and direction of the meeting are established without the audience ever realizing what has happened. We know that the Convention of States Project has tried to use any means possible to attack opponents and make those who disagree with them look foolish. This is just another method to be added to their Alinsky tactics. __________________________ |
Article V Deception: Is a Convention of States a Con Con?
ALEC, GLOBAL CORPORATIONS, STATE LEGISLATORS, AND AN ARTICLE V CONVENTION
Mar 02, 2018 Read More Articles by Kelleigh Nelson Having witnessed the difficulties and dangers experienced by the first Convention, I would tremble for the result of the second. —James Madison, Father of the Constitution and fourth President of the United States All men having power ought to be distrusted to a certain degree. —James Madison, speech at the Constitutional Convention, July 11, 1787 The majority of Americans do not understand that our Representative Republic is under attack and has been for decades. As Ben Franklin said, “A Republic, if you can keep it.” Basically, we lost it long ago, but we cannot afford to lose the 1787 Constitution or our liberties will be a thing of the past. Who is the American Legislative Exchange Council(ALEC)? It is a think tank whose members consist of state legislators and corporations who gather together behind closed doors to write legislation for the states. Dark money funds ALEC, especially the Koch Brothers, but more on them in another article. ALEC has long been promoting an Article V Constitutional Convention. ALEC’s membership is 95% corporate along with 2500 of the 7500 legislators from every state. This is where state legislation originates. ALEC Founder, Paul Weyrich The number one mover and shaker of the rightwing Council for National Policy (CNP) was Paul Weyrich, albeit there were others with more money and power, the Coors family, and Planned Parenthood promoter, Richard Mellon Scaife, heir to the Carnegie Mellon fortune. Scaife has allegedly funded ALEC to the tune of more than $7 million. One must remember that Scaife funded both sides of the aisle and was connected to Rockefeller (Chase Mellon Bank). The Council for National Policy was founded in 1981by charismatic Baptist, Pat Robertson, Tim LaHaye, Nelson Bunker Hunt and twice tried for murder, Texas oilman, T. Cullen Davis. Weyrich was the Grand Poohbah of the CNP. He co-founded the Heritage Foundation, the Free Congress Foundation and the American Legislative Exchange Council and was the first president or director of all three. He also once served as advisor to former Russian President, Boris Yeltsin of Chechnyan genocide fame. He wrote about it in an article in the Heritage affiliate, Townhall Magazine. In 1987, Weyrich wrote an article entitled, “A Conservative’s Lament,” which showed his unabashed yearning for a Parliamentary form of government for America and his strong belief that America needed a shadow government…which is what we seem to have with the Council on Foreign Relations. Back in 1992, when recently deceased Ross Perot came on the scene, he was gung-ho for a Con-Con. Like Weyrich, he stated emphatically that we needed a parliamentary government and bragged that “his people” could get the remaining states needed for a Con-Con “in their sleep.” Phyllis Schlafly Eagles and fellow patriots stopped it. ALEC History ALEC is a corporate bill mill. It’s not just a lobby or front group, ALEC is one of the most powerful unelected councils in the country. [Link] Note that unelected councils and task forces, and public-private partnerships, etc. are forms of government used in democratic socialist and communist countries. ALEC first came into being in 1973 in Chicago as the “Conservative Caucus of State Legislators.” In 1975, with the support of the American Conservative Union, ALEC registered as a federal non-profit agency. Through the corporate-funded Council, global corporations and state politicians vote behind closed doors to try to rewrite state laws that govern your rights. These so-called “model bills” reach into almost every area of American life and, more often than not, directly benefit huge corporations. In ALEC’s own words, corporations have “a VOICE and a VOTE” on specific changes to the law that are then proposed in your state, and sometimes in the federal legislature. The Madison Group, the predecessor to the State Policy Network (SPN), similar to mini Heritage Foundation’s in each state, was “launched by ALEC,” and housed in the Chicago-based Heartland Institute, so says a 1991 report by the National Committee for Responsive Philanthropy (NCRP). The Heartland Institute was/is a member of ALEC. Link The Institute has also functioned as a publisher and promoter of ALEC’s model legislation, including a new Article V Constitutional Convention. Heartland is funded by the Koch brothers, David and Charles, the former being a member of the globalist Aspen Institute. Remember Aspen Institute’s former Director was none other than Maurice Strong, author and promoter of UN Agenda 21. NCRP also reported that the Madison Group’s annual meeting was, at that time, “sponsored by Heritage Foundation and the Free Congress Foundation,” led by Paul Weyrich. One has to remember that Heritage Foundation fellow and CFR member, Richard V. Allen drafted NAFTA, and Stuart M. Butler wrote the monograph for Heritage promoting the individual mandate in healthcare. Corporations Write the Bills Watch this six-minute video of a backroom ALEC meeting in Georgia. Corporations hand to state legislators their “wish lists” of legislation to benefit their bottom lines. The membership of ALEC is 98% corporate and the corporate membership is the one that funds almost all of ALEC’s operations. They have bought their way into the process by which corporate lobbyists and special interest reps vote with elected officials to approve “model” bills. ALEC’s legislative leaders are responsible for getting the bills introduced and passed. They introduce and carry the bills in their statehouses as their own brilliant ideas. As an example, the immigration bill, SB1070, was written by ALEC and carried by Russell Pearce, word for word, to Arizona. Private prison corporations had a huge part in ALEC’s crafting of SB1070. The legislators never disclose that corporations wrote and vetted these bills along with fellow politicians behind closed doors at ALEC meetings. So, everyone who is a member of ALEC is influencing not only state bills, but likely most federal bills as well, written by corporations with vested interests…along with lobbyists and state representatives. ALEC’s Corporate Donors ALEC has a huge list of corporate donors and corporate members, and here is a state by state partial list of politicians that are known to be involved in, or previously involved in ALEC. Not all dues-paying members of ALEC are included because ALEC does not post its full list, but the list includes politicians who have been in a leadership role in ALEC, as a member of a task force, or other publicly known role. It also includes politicians who have been featured speakers or who have accepted awards at ALEC meetings. In the mid-1990s, the Church of Scientology became one of ALEC’s members and underwriters, for the apparent purpose of interacting with state lawmakers on mental health-care issues. Here’s an excerpt from a 1998 fundraising letter written by Bruce Wiseman, the president of the Citizens Commission on Human Rights International, (CCHR) a highly controversial anti-psychiatry front-group of the Church of Scientology. Wiseman writes, “ALEC is a national organization made up of legislators from every state as well as some federal legislators who meet and draft model legislation for every state. The return for that has been enormous! CCHR has worked its way up the conditions at ALEC and recently got an article published by ALEC in opposition to mandated mental-health parity, which went to key state legislators who deal with health issues in their respective states. In addition, the ALEC membership has opened the door to meeting numerous legislators and other opinion leaders from around the country.” ALEC exists to maximize the profits of their corporate kings and financiers, especially Koch Industries, Exxon Mobile, PhrMA, Altria, and Pfizer, who pay upwards of $25,000 just to become members. ALEC and the Article V Convention ALEC has long promoted an Article V Constitutional Convention using the excuse that we need a Balanced Budget Amendment, the same excuse used in the late 70s and defeated by Phyllis Schlafly Eagles and fellow patriots. If you’ve read Publius Huldah’s articles on same, here and here, then you understand what a terrible danger the BBA actually is to our Constitution. ALEC even produced a “Resolution for Limitations on Authority of Delegates to a ‘Convention for Proposing Amendments’ (Article V, United States of America Constitution.” ALEC claims this resolution will curtail and eliminate the possibility of a “runaway convention.” The resolution restricts delegates to work only on those amendments authorized in their legislative instructions and calls for the immediate recall of any delegate that works on an unauthorized amendment.” This is total balderdash! Once a Convention is opened, all is fair game! A 43-page handbook, written by ALEC’s “constitutional scholar,” Robert G. Natelson, entitled: “Proposing Constitutional Amendments by a Convention of the States,” was provided to their mostly-republican members, along with model legislation to carry back to their states. The booklet is full of spins, lies, and misdirection. It claims the states must exercise control as given to them by the founders, that they must move quickly, that state legislatures will have complete control over the process, and will answer to the state legislatures they represent. This is far from the truth. There is no provision in Article V empowering state legislators to choose the delegates to a Constitutional Convention or to “limit” the scope of a Con-Con. There are no rules, no regulations, and certainly no instructions. Link Historical Precedents The 1787 Convention set historical precedents that side with a runaway convention. A convention today could propose bad amendments or even a new constitutionlike the one written over a period of 10 years, at a cost of $25 million, by the Ford Foundation, which eliminates everything after “We The People,” and that includes our God given, unalienable rights. Once a convention is opened, they could force it on the American people by way of creating and utilizing a new mode of ratification. Wolf-Pac, and the Convention of States Project, (COS) says that can’t happen despite the fact that it did happen when the 1787 Convention met to amend the Articles of Confederation and totally threw them out and started anew. Oh, what those wonderful freedom loving statesmen gave us then, but today, there is not a statesman alive who would be a match for even one of the men in the 1787 convention. The very reason most often cited by scholars for their opposition to an Article V Convention is because the 1787 Convention set the precedent. There is absolutely no way that a new convention can possibly be controlled, no matter the circumstances or restrictions set down prior to the convention. The intention from the outset of many of its proponents, chief among them James Madison and Alexander Hamilton, was to create a new government rather than fixing the existing one. This is also what exists today, and Madison called them, “violent partisans.” Left and Right Promote Con-Con The neo-conservative Trotskyites on the right, Sean Hannity, Michael Farris, Mike Levin, David Barton, Glenn Beck, Tom Coburn, Allen West, Sarah Palin, Jim DeMint, Mike Lee, Ted Cruz, CFR memberGrover Norquist, Charles and David Koch who heavily fund ALEC, Gov. John Kasich, former Gov. Mike Huckabee, Tennessee’s Michael Patrick Leahy, Georgetown Professor Randy Barnett, Judge Andrew Napolitano etc. etc. ad nauseam, are all fomenting change to our Constitution through an Article V convention. George Soros and his Constitution 2020 along with his Open Society Institute and the Center for American Progress are heavily funding a new convention. Groups like the Goldwater Institute’s Nick Dranius and Compact for America, I Am American, the “Move to Amend” coalition, Turk Cenk Uyger’s Wolf Pac, Mark Meckler’s Citizens for Self-Governance, Harvard Professor Lawrence Lessig, and others are promoting a new convention. Link William Furth of “I am American” actually physically pushed Publius Huldah off a stage several years ago in Knoxville, TN, when she tried to explain to the audience the dangers of another convention. Conclusion Countless authorities have stated that a Constitutional Convention cannot be controlled. Once a Con-Con is opened, the entire document can be taken down and changed. There are no statesmen today like our founders, and the risk of opening a convention for any reason would result in the destruction of the last threads binding us to a representative Republic. P.S. So many fabulous researchers and journalists write for NewsWithViews. Many of us spend hours in research to bring you information you will not find anywhere else. Why do we write for NWVs? Because our CEO and publisher knows our God given freedoms and liberties are in grave danger. He knows what Communism looks like because he escaped it as a child. This is why we support this great website. Please remember us every month as you write your bills. Every dollar you send helps to keep us alive, and ask your friends to sign up to receive the daily emails. You can donate here. © 2018 Kelleigh Nelson – All Rights Reserved E-Mail Kelleigh Nelson: [email protected]  Don Haggar, Koch brothers’ new chief tool in South Dakota.
July 8, 2017
The Koch brothers' network likes to hire legislators in the middle of their term, because that sends a bigger signal to the other legislators of what they might get if they play along. Jim DeMint and Tom Coburn both left years before their terms expired. A week ago the Koch brothers' Americans for Prosperity just hired South Dakota House legislator Don Haggar in the middle of his term. He quit the job he was elected to do merely days before a new law prohibiting lobbying by ex-legislators for two years was set to go into effect in South Dakota. Guess what? Haggar was a big promoter of the Convention of States in South Dakota, including pushing it through a key committee earlier this year. South Dakota is a pivotal state in this political fight, and I'm meeting with some of our activists later this month D.C. and in St. Louis at Eagle Council in September, to discuss how we can continue to defeat COS in South Dakota, and elsewhere. Americans for Prosperity (AFP) has an $80 million annual budget, almost as big as that of the Heritage Foundation and without its high overhead costs. AFP is going to push harder and harder for a Convention of States. The COS side has the money, but our side has the truth and values. This is "STOP ERA" all over again. The second chess move by the other side is to enlist an NRA attorney, Chuck Cooper, to try to sign up gun owners for the Convention of States. The Second Amendment is the first right that a constitutional convention would repeal! But the Con Con mercenaries have partially infiltrated the board of directors of the NRA. So far, the NRA has been officially neutral, but it needs to stand up and oppose this assault by the Convention of States on the Constitution. We won 18-4 this year in the states that considered the Convention of States. But the other side has decided to pull out all their stops, and pour in a ton more money. That's OK, it helps expose the sell-outs. The grassroots are 100% on our side, and this is what makes politics exciting. Andy Schlafly Phyllis Schlafly Eagles www.pseagles.com __________________________ 
Exclusive: In latest job, Jim DeMint wants to give Tea Party ' a new mission'
Fredreka Schouten , USA TODAY Published 6:02 a.m. ET June 12, 2017 | Updated 3 hours ago(Photo: Evan Vucci, AP) WASHINGTON – Former South Carolina senator Jim DeMint, ousted last month as head of the Heritage Foundation think tank, is joining a fast-growing, conservative movement that is pushing states to seek a constitutional convention to rein in federal spending and power. DeMint, a prominent figure among the Tea Party activists who helped Republicans seize control of the U.S. House of Representatives in 2010, will serve as a senior adviser to the Convention of the States Project, providing a jolt to its efforts to marshal grassroots support for a state-led movement to amend the U.S. Constitution. News of DeMint’s role was provided first to USA TODAY, and a formal announcement is expected Monday. Under Article V of the Constitution, there are two avenues to propose amendments: Two-thirds of each house of Congress can vote to do so or two-thirds of the states – 34 in total – can request the convention. In either case, three-fourths of the states – or 38 states – must ratify any amendment proposed by convention delegates. The USA has not held a constitutional convention since the first one in 1787, but proponents of a state-led conclave see growing momentum for their cause. Twelve states already have adopted the group’s call, and its leaders hope to add 10 to 15 next year. A separate effort demanding a convention to consider a balanced budget amendment already has the support of 27 states. “The Tea Party needs a new mission,” DeMint told USA TODAY. “They realize that all the work they did in 2010 has not resulted in all the things they hoped for. Many of them are turning to Article V.” DeMint and other proponents of a state-led convention say the timing is right. Populist anger with Washington helped sweep President Trump into office. At the state level, Republicans now dominate, controlling both legislative chambers in 32 states and governors’ mansions in 33. “This is a perfect time for us,” DeMint said. “People are disgusted with Washington. They are ready to move power back closer to home.” The movement DeMint is joining asks for a convention covering three sweeping topics: imposing “fiscal restraint” on Washington, reducing the federal government’s authority over states and imposing term limits on federal officials. The group said the convention that results from the state applications could also propose a range of amendments from one requiring the federal government to balance the budget or to one ending lifetime appointments for federal judges, including Supreme Court justices. Dramatic action is needed, advocates say, because they say Congress will not act on its own to curb what they view as runaway spending and the federal government’s overreach “You can’t drain the swamp,” said former Oklahoma senator Tom Coburn, who joined the group after leaving Congress in 2014 and has written a book, Smashing the DC Monolopy, about the effort. “You have to muzzle the alligators.” At the center of the effort: Mark Meckler, a co-founder of the Tea Party Patriots, and his nonprofit, Citizens for Self-Governance. Meckler has teamed up with other conservative groups, including American Legislative Exchange Council (ALEC), to advance the plan at the state level. Former Oklahoma senator Tom Coburn is pushing states to call for a convention to amend the Constitution. (Photo: Sean Dougherty, USA TODAY) DeMint, a conservative firebrand, made his political mark as an early backer of upstarts such as Utah’s Mike Lee and Texas’ Ted Cruz, helping to elect them to the Senate and pull the chamber further to the right. He left the Congress in 2012 to run Heritage. Last month, Heritage’s board of directors voted to remove DeMint, citing “worsening management issues.” In an interview, DeMint called his abrupt firing “perplexing.” “Heritage has never been more effective or influential, but clearly the board decided to take a different direction,” he said. “Frankly, I am fine with that and what I am doing now with the convention of the states.” Later this month, DeMint hits the road for the group and will travel to North Carolina, where the state’s Senate passed a resolution in April for a convention of the states. Advocates are pressing the North Carolina House to do the same. Later this summer, he will travel to Denver to address conservative state legislators at ALEC’s annual gathering. ALEC, whose members include Republican lawmakers and business interests, writes model legislation, allowing conservative lawmakers to quickly replicate bills across the country. It has adopted the Article V language advanced by Meckler’s group. Read more: Jim DeMint ousted at Heritage Foundation Unprecedented moveThe effort faces big hurdles. For starters, the country has never called together all 50 states for an amendment-writing convention. Legal questions abound: Would the convention be open to the public? Is it fair to allow tiny states like Maine to have the same power as populous states like California at a convention? And how would states prevent a “runaway convention” that could make wholesale changes to the Constitution on everything from religion and gun rights? Proponent say their application limits of the scope of a convention to amendments that deal with federal term limits, fiscal restraints on the federal government and limits on Washington’s power. Bu some legal experts question whether organizers can limit the topics at all. “When there’s a constitutional convention, in a sense, all bets are off,” said Michael Gerhardt, an expert on the Constitution and a law professor at the University of North Carolina. “I would think almost anything would be fair game.” As the under-the-radar movement gains steam, some liberal groups and Democratic legislators are scrambling to block proponents from reaching the two-thirds threshold. This year, New Mexico, Maryland and Nevada all rescinded their applications for a convention, some of them on the books for decades. Delaware did so last year. Opponents say the topics described by the convention advocates are broad enough to bring sweeping change. “This idea of opening up our Constitution, which gives everyone in the country our basic protections, is a bad idea, particularly in this hyper-partisan environment,” said Viki Harrison, the executive director of Common CauseNew Mexico. She helped lead the successful effort to yank New Mexico’s convention applications — one of which dated to 1951. “It’s the biggest sleeper in the country right now,” said of the convention of the states movement. “People don’t know about it and don’t realize the threat of a runaway convention.” Anonymous donorsMeckler said his group has about 2.3 million supporters, including some 80,000 active volunteers, as it works to develop political operations in most states. DeMint will have a paid position with the group. Citizens for Self-Governance saw its annual receipts grow to $5.7 million in 2015, according to its most recent publicly available tax returns show. As a nonprofit, it does not have to publicly disclose its donors. But separate tax filings show a foundation affiliated with conservative hedge-fund billionaire Bob Mercer and his daughter Rebekah, donated $500,000 to the group in 2014. In this Nov. 3, 2010, file photo Tea Party Patriots co-founder Mark Meckler, right, with Jenny Beth Martin, speaks at a news conference. (Photo: Manuel Balce Ceneta, AP) The Mercers emerged as big financial supporters of Ted Cruz’s presidential bid in 2016 before backing Trump in the general election. Rebekah Mercer served on Trump’s transition team and is closely aligned with top White House adviser Stephen Bannon. She also serves on Heritage’s board. Meckler said the Mercer donation was a one-time grant, although he’d welcome more financial support from the family. In all, more than 70,000 “grassroots” donors back the group, he said. Meckler would not reveal the identities of larger donors, saying they would be “endlessly harassed’ should their identities become public. “We disclose what we are legally required to disclose,” he said. Meckler said he believes his movement could hit a tipping point – mirroring the voter anger over President Obama’s health-care law that helped mobilize Tea Party activists into a political force. “The American people are fed up. Trump is not the solution. He’s a symptom of that frustration,” he said. “The American people are seeing that didn’t solve the problem, so now what? Eventually, they will come to this solution.” __________________________ 
RESCIND ALL FLORIDA ARTICLE V APPLICATIONS FOR A CON-CON
March 5, 2015 by Larry Greenley On February 26, 2015, State Representative Michelle Rehwinkel Vasilinda (D-Fla.-9) filed House Memorial 1129, entitled “A memorial to the Congress of the United States, urging Congress to repeal and nullify all existing applications by the Florida Legislature that call for a constitutional convention.” Representative Vasilinda recognizes the true danger and threat to our Constitutional Republic posed by a modern-day constitutional convention or “Convention of the States,” as it is referred to by many of its supporters. The last time that such a convention was convened was in Philadelphia in 1787 when General George Washington, James Madison, and the various delegates from the thirteen United States assembled to propose amendments to the Articles of Confederation and instead gave us what is now our current Constitution.Although pursuant to Article V of the Constitution, a modern-day convention would not have the luxury of having such enlightened delegates, such as Madison and Washington. Those statesmen present in Philadelphia understood the virtues of liberty and a constitutional republican form of government, but who amongst us comes close to those Founding Fathers? Like the Philadelphia Convention of 1787, a new constitutional convention would consolidate the inherent powers of a free people, whose right “to alter or abolish” our government is enshrined in the Preamble of the Declaration of Independence: That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.Because of this inherent right of the sovereign people, an Article V convention cannot be limited, otherwise it would never succeed in empowering the people to make the necessary changes in the Constitution, in case the government should ever become oppressive due to defects in the Constitution. However, the Constitution is not the problem and neither is Article V the solution; rather the solution is the Constitution. The Constitution should not be amended or rewritten, it should be restored. (Click on graphic at left for a free PDF article download about three reasons to oppose any Article V convention.) Due to the unlimited nature of the Article V convention process, we should not risk damaging the Constitution through the convening of such a constitutional convention regardless of how appealing the proposed amendment(s) may be. You now have the ability to help preserve the Constitution by helping to convince your state legislators to rescind all of Florida’s previous applications for an Article V convention. Contact your state representative and senator now and urge them to support and vote YEA on the passage of HM 1129. Send a prewritten, editable message. Be sure to personalize your message for maximum impact. Please also phone and/or visit your state legislators in support of HM 1129. Click here for contact information. [-] less __________________________ 
Don't Amend It, Defend It Bumper Sticker
The problem with our government today isn't that the Constitution needs to be amended, it just needs to be defended. If our elected officials would defend the Constitution, and the original intent of the Founders who wrote it, we wouldn't have to worry about making any Constitutional amendments to protect the rights that we already have under our current Constitution and it's existing amendments. Continue Reading... __________________________ The globalist Koch brothers, though their KochPAC, have donated more to Texas state legislators' campaigns than to state-level candidates in any other state. The Koch network of donors has also heavily supported Texas Gov. Greg Abbott and Lt. Gov. Dan Patrick, both of whom are pushing hard for the Convention of States to pass in Texas. There are no limits in Texas on donations to the campaigns of state office-holders, in contrast with federal campaigns and rules in most other states..
At least five of the nine members of the Texas Senate State Affairs Committee, which voted for the Convention of States this week, have received campaign donations from KochPAC. That is an unusually high percentage, in light of how the KochPAC has given to fewer than half of all the Texas Senators. The Convention of States organization is led by Eric O'Keefe, who has been working closely with the Koch brothers for decades. They were part of the unsuccessful "Never Trump" movement at the Republican National Convention in Cleveland last summer, where they enlisted Ken Cuccinelli to help. Cuccinelli has endorsed a Convention of States, despite being on record on Jan. 17, 2011, as saying a constitutional convention cannot be limited and the delegates "can do more or less anything.” I am compiling more background financial information, with references, at this growing entry here: http://www.pseagles.com/KochPAC . Additional information is welcome as we uncover the money sources driving the Convention of States/ConCon. Andy Schlafly Phyllis Schlafly Eagles __________________________  Convention of States - DANGER
How to use Article V of our Constitution to move us into the North American Union
February 6, 2017 Article V convention supporters seem to think they are oh! so clever when they accuse those of us who oppose an Article V convention of “fear mongering.” Well, I graduated from “fearfulness” long ago – now I’m in the HORROR stage: Under the North American Union (NAU), Canada, the United States, and Mexico merge, and a Parliament is set up over them. This was President George W. Bush’s plan, cooked up during 2005 at his ranch in Texas with the Prime Minister of Canada and the President of Mexico. But in order to set this up, they need a new Constitution which transforms the United States from a sovereign nation to a member state of the NAU. How do they get the new Constitution? At an Article V convention. How do they get an Article V convention? Tell the American People that at an Article V convention, they can get Amendments to our existing Constitution which will “limit the power and jurisdiction of the federal government.” And, as ordinary citizens who support an Article V convention give daily proof, such tactics work. People don’t think – they follow what popular people tell them, and then they repeat it as if they know all about it. And they insult, revile and marginalize the people who do tell them the Truth (as they have been programmed by their Conditioners to do). Americans don’t know that delegates to an Article V convention have “PLENIPOTENTIARY POWERS” and thus have the power (recognized in the 2nd paragraph of our Declaration of Independence) to throw off our present Constitution and establish a new one with a new (and easier) mode of ratification. Americans don’t know that in Federalist Paper No. 40 (15th para), James Madison invoked this clause in the Declaration of Independence as justification for what they did at the federal convention of 1787: Instead of proposing Amendments to the Articles of Confederation (as they had been instructed to do), they wrote an entirely new Constitution, which created a new government. Americans don’t know that because of these plenipotentiary powers, Delegates to an Article V convention can do whatever they want. It doesn’t matter whether they were sent to the convention for “the sole and express purpose” of proposing a balanced budget amendment, or a term limits amendment, or a countermand amendment, or some other designated purpose – they are not bound by those spurious limitations. Americans don’t know that “faithful delegates” laws are a joke: Not only do delegates have plenipotentiary powers and sovereign immunity for whatever they do; it is a simple matter to circumvent “faithful delegate” laws. So that’s how a Constitutional Republic is destroyed and replaced by a global government. You can read about the NAU here. Read the Task Force Report. Heidi Cruz was on the Task Force which wrote the report. Questions: Is Senator Ted Cruz in on this plan to move us into the NAU? Is Governor Greg Abbott of Texas in on this plan to move us into the NAU? Is Lt. Gov Dan Patrick of Texas in on this plan? People! Your guides are leading you astray and are confusing the path you should take. You better start using your own heads – and you better start doing it today. We are close to having Congress call an Article V convention. You better get with your State Legislators and educate them about the dangers and give them the Facts. If you continue to refuse to hear the Truth; and if you continue to revile those who do tell the Truth, then the blood of a great many people will be on your head. Hell is just around the corner. Look at Western Europe – how has the EU worked out? Americans better wise up now. Stop an Article V convention. Tell your State legislators to rescind the applications for a convention your State has already passed; and tell them not to pass any more applications. For an unofficial list (by State) of applications to Congress which have already been passed, go HERE. Article reposted with permission from Publius Huldah The post How to use Article V of our Constitution to move us into the North American Union appeared first on Freedom Outpost. Click this link for the original source of this article. Author: Publius Huldah ___________________________ Beware of COS and Tom Coburn
Tom Coburn editorial Dec 2016 A critique of Tom Coburn's editorial in late December 2016 that was published in many papers in Wisconsin:[1] "Bring back balanced power to Washington" - headline criticism: a Con Con is called and thus controlled by Congress according to Article V, so a Con Con would grant more power to D.C., and not take any power away from D.C.... "The American people delivered Part Two of this lesson last month to the dumbstruck political establishment of both parties. Part Two was simple: the class of "agitators" is much larger than you thought - it consists of working class Americans across the nation, and their patience has run out." criticism: then why did Coburn offer to challenge Donald Trump at the Republican National Convention in Cleveland to deny the people their choice of the nominee?... "Because most D.C. politicians are more D.C. politicians than anything else, chances are good that they'll get it wrong. I've spent plenty of time in those circles, of course, but since my retirement from the U.S. Senate in 2015, I've gone back to spending time among the grassroots of America. So I would like to offer my advice on how elected officials in both the states and the federal government can get it right, and how they must not get it wrong." criticism: Coburn actually became a senior adviser to the Convention of States project."I have traveled the nation these past two years to encourage state legislators to trigger an Article V convention for proposing constitutional amendments to impose fiscal restraints on Washington, to restore the original meaning of constitutional limits on federal power, and to discuss the possibility of term limits for federal judges and other federal officials. In other words, I'm telling state legislators that America is desperate for them to use this one constitutional tool for re-balancing the power between the states, the national government, and the people." criticism: Coburn should be explaining that there is no way to limit the agenda of a Con Con, and that the late Justice Scalia described it as a "horrible idea" to hold an Article V convention as the Convention of States seeks."Some of them get it, and eight states have already passed the Convention of States Project's resolution. America needs 26 more states to take this meaningful stand against federal overreach. ..." criticism: Coburn should explain that the Republican national platform committee overwhelmingly rejected a proposal to include a call for an Article V convention in the platform. In general, 89% of Republican officials vote with the Republican platform, as they should."In fact, many grassroots activists I speak with are concerned that Congress may ultimately 'balance the budget' on the backs of the taxpayers or the states. They may be right. Would members of Congress really choose to risk losing their seats by ending pork barrel spending or cutting funding for popular programs when they could instead just raise taxes or issue more unfunded mandates to the states?" criticism: Coburn is right that a "balanced budget" can become an excuse to raise taxes, so it would not justify holding a constitutional convention."The people aren't excited by a balanced budget. What they want is balanced power. They want Congress, the president and the courts to do what they were given to do under the Constitution. And they want the state and local governments left alone to perform other government functions in response to the needs of their own people." criticism: the grassroots does not demand "balanced power." That is a contrived term of a small group of people pushing for a Con Con, funded by undisclosed donors having their own secret agenda. Coburn fails to disclose those secret millionaires funding this attempt to change the Constitution in unlimited ways.Andy Schlafly ___________________________ Mark Levin's Constitutional Convention (Con Con) -- Bad Idea
Why the Article V Convention Must Be Opposed
by Jay Stang, Texas Oath Keepers President and member of our Board of Directors Fellow Oath Keepers, The Constitution provides us several avenues to amend, or change it. The avenue most Americans are familiar with is the amendment. The least known, until now, is the convention, also identified in Article V. The convention, known in this day as the Convention of the States (CoS), would be convened for the purpose of proposing amendments. Is there anything else that could happen? I can’t say for sure, but consider this: if the US Government had any chance of ridding itself of the chains that Jefferson prescribed, do you think it would take the chance? Any way to rid itself formally of the Bill of Rights? Who would be sent to this Convention? Remember, if the Article V machinery is sent into motion, think about who will control it? Our current federal government? How many times have you been frustrated with the failure of congressional leadership in both houses to uphold their oaths, or to put our interests first? Guess what? They’ll be forming and planning the convention. Uh oh. There are several pieces of state legislation in the Texas Legislature right now to specify delegates, how they are selected, their qualifications, etc. That sounds great on paper, doesn’t it? Will the delegates faithfully execute the charter given them by the various state legislatures around the country? What did the delegates to the last convention do? Here is the exhausting detail in which the convention is described. Article V: “The Congress…shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;…” That’s it. That’s all the Constitution says regarding the convention. It doesn’t say what they are allowed to talk about, or not allowed to talk about. Congress doesn’t get any guidance on how to run it. What if they throw out the whole Constitution? Is it possible? Do you trust John Boehner, Mitch McConnell and President Obama? Why do we need a CoS? To pass a balanced budget amendment? Would that solve our problems? One more law, one more amendment? Does the federal government follow the Constitution now? If not, why not? Friends, the Constitution was created for a moral and religious people. It is unsuited for the governing of any other. Why? Moral and religious people govern themselves. They don’t need an all powerful government to do it for them. With no integrity or ethics, the Constitution is merely an eloquent collection of words on paper. It has no magic power. No soul. The Constitution is only as good as the people who follow it. It is not the laws on the books that matter; it is the law in our hearts that matters. If we can not govern ourselves, someone else will. Nature abhors a vacuum. Please ponder these questions as you decide whether to support or oppose the Convention of the States. Just remember this: when people tell you not to worry, that’s when you should start. __________________________ 
CONVENTION OF STATES
SEPTEMBER 24, 2016 TERRY A. HURLBUT Everyone who values life, liberty or property knows Barack Obama has been systematically violating the Constitution. Nor is he alone in doing this, nor even are the Democrats alone. But people do not agree on how to stop it. Some say: elect good people, and they can stop or roll back the worst abuses. Others say we must change the Constitution. They want to change it in ways to which Congress would likely never agree. So they want to invoke another way to change the Constitution: a Convention of States. What is a Convention of states?Article Five of the Constitution reads in relevant part: The Congress…on the application of the legislatures of two-thirds of the several States, shall call a convention for proposing amendments [to this Constitution]. The article goes on to describe the two ways that three-fourths of the several States can ratify Constitutional amendments. George Mason, Constitutional Convention delegate from Virginia, recognized that Congress might abuse its authority. He wanted a way for the people to change their Constitution in a way with which Congress could not interfere. Gouverneur Morris, among others, then suggested this method: a Convention of States for proposing amendments. To date, Congress has never called such a convention. The last time they came close to having to call it, came when the public demanded popular election of Senators. Nearly two-thirds of the States then extant did apply for a Convention of States. To forestall this, Congress hastily wrote the Seventeenth Amendment. The State legislatures, similarly afraid of the people, ratified this. The Convention of States projectToday several activists and commentators believe the States must convene again, as they did in 1787. The leaders of this Convention of States project say why: The federal government has overreached its constitutionally established boundaries and has its hands in almost every area of our lives. Our children and grandchildren will inherit a bankrupt nation run by an unaccountable bureaucracy. How has this happened? CNAV attended a “viewing party and rally” at the Williamsburg Regional Library in Williamsburg, Virginia yesterday (23 September). About twenty-three attendees watched a live stream in which delegates from across the country simulated a Convention of States. The attendees spoke freely to CNAV about the “how.” Congress, they said, delegated some of its law-making power and even judicial power to the “bureaucracy” they decry. The Members have also voted in many protections for incumbent Senators and Representatives. The most common way anyone leaves either House of Congress is by declining to seek re-election. The second most common way: feet first. Defeat when standing for re-election, either in the general or any primary election, ranks a distant third. (Rarely, the Member’s respective House expels him. Or else the leaders tell him to resign after a court prepares to try him for a felony.) These activists believe the Constitution must change so that the most flagrant abuses cannot happen again. Congress, they say, will never do it. A Convention of States can consider how to change the Constitution to suit the people, not Congress. Opposition to the projectThe Convention of States project definitely has its opponents. One, “texting in” to one attendee, called the simulation a “travesty.” In all fairness, the Convention simulation was not a burlesque, either of parliamentary procedure or of the kind of serious debate these activists hope will take place. The nearly seven-hour simulation played out strictly according to Mason’s Manual for Legislative Bodies. This is the most common set of parliamentary rules State legislatures use. The Convention of States Project believes most delegates to such a convention will come from State legislatures. To use such a common set of rules therefore makes sense. Furthermore, those taking part in the simulation recognized the weight of the issues before them. They dropped one popular proposal when they felt they could not draft it properly in so short a time. In short, they showed themselves ready to discuss seriously the Constitution and how and why to change it. But all this depends on whether they would in fact be the delegates to the realConvention of States. That is the rub. Refusal to call a conventionCongress might refuse to call a convention. Some of the twenty-three Williamsburg attendees asked the Project organizers what they would do then. They answered that the States would hold a Convention anyway, and submit amendments to the States for ratification. Would federal and State courts accept these amendments as “valid to all intents and purposes as part of this Constitution”? The organizers admitted: they didn’t know. They said it would make an interesting Constitutional question. They meant Constitutional crisis, though they did not want to speak aloud that ancient Greek word for a trial. A crisis would indeed ensue. The Supreme Court would then have to consider the weightiest question any such Court ever considered. (And how could they, if someone proposed changing the Court’s very terms of office?) A runaway convention?The Project site keeps this list of responses to the most common objections they hear. But CNAV went to this gathering to get a direct answer to the most serious problem: a runaway convention. Andrew L. Schlafly, founder and editor-in-chief of Conservapedia, shared his misgivings with CNAV: If you read Article Five carefully, Congress calls the convention. So Congress can set the rules. They can determine who selects the delegates, and how. They then could propose all sorts of amendments of the kind we don’t want. [That would include] repeal[ing] the Second Amendment, [and] do[ing] away with Citizen’s United. And the States would ratify all that, because the liberals would have the media behind them. Schlafly refers, of course, to the case of Citizen’s United v. Federal Election Commission. The Supreme Court held that companies of any sort, not labor unions only, had the same right of free speech as have individuals.1 Liberal activists have called for changing the Constitution ever since, to say that only individuals, and approved collectives, have free speech. They also have called lately for repealing the Second Amendment.2 CNAV laid Andrew Schlafly’s objection before the organizers in Williamsburg. “An excellent question,” said David Detrich, one of the organizers. He then held that Congress would have no more than a secretarial role. “To call,” in the context of Article Five, does not authorize Congress to select delegates. In any event, he asked rhetorically, would the States applying for a Convention of States, stand for its hijacking? Media manipulationFor answer, CNAV set forth this scenario. Suppose the publishers, managing editors, etc., of the largest Mainstream Media organs colluded to stage events to sway the public? You and I, of course, have alternative sources for getting our news. But can you count on most ordinary citizens to avail themselves of these resources? I doubt it. One organizer finally suggested two separate conventions might then meet. The States would then opt for whichever convention they considered legitimate. This would especially apply to the original applicant States. (Two-thirds of 50 States make 34, fewer than the 38 that ratification requires.) Last of all, he asked: Congress could propose all those horrific Amendments now, if they so chose. Why haven’t they? ConclusionWithout doubt, those opting for a Convention of States have shown such a convention would deliberate properly and seriously about the Constitution. They have not so far shown exactly how to succeed if:
1 The case came to the Court after Citizen’s United made a motion picture critical of Hillary Clinton. President Obama famously complained about this in his State of the Union address in 2010. Obama accused the court of opening the American election process to foreign influence. Justice Samuel J. Alito, facing the President, mouthed, “That’s not true” in answer. But of course none present could anticipate, much less appreciate, the irony we see today. Namely: Hillary Clinton, the subject of that movie, herself sells government policy for foreign donations. 2 Liberals believe no person, except a law-enforcement officer, an active-duty military service member, a Very Important Person, or such person’s bodyguard, should ever own or even touch a firearm. Few among them, except for Senator Dianne Feinstein, D-Calif., will ever say this out loud. But the overall tone of their advocacy can imply nothing else. Senator Feinstein did say, out loud, words to this effect to Lesley Stahl, correspondent for Sixty Minutes, on 5 February 1995. ___________________________ 
The Con-Con: Solution or Pandora’s Box
by: Ileana Johnson December 10, 2014 The Article V Convention Forum: Solution or Pandora's Box was organized by a coalition of conservative groups and met on December 8, 2014, in Falls Church, Virginia. The moderator and one of the organizers, Sevil Kalayci, discussed the necessity of such a meeting since most of the conservatives who oppose an "Article V Convention" have been shut out of the debate by other conservatives with the exception of Danville, Henrico, and Fair Lakes Tea Parties. "The Convention of states has divided the conservative movement," she said. Kalayci asked, "How do you enforce the Constitution? How do you enforce the amendments?" The speakers, who argued against state legislatures asking Congress to call for a convention to amend the Constitution, included:
He enumerated that the conservative groups interested in this "con-con" are the Convention of States, Compact for America, Balanced Budget Amendment Task Force, Middle Resolution, and other individuals interested in addressing what is wrong with America. Shaw mentioned many groups and individuals on the left equally interested in amending or potentially replacing the existing Constitution such as "Code Pink, Alliance for Democracy, Wolf Pack, Center for Media and Democracy, Independent Progressive Politics Network, Vermont Single Payer, Sierra Club, MoveOn.org, occupy groups," and some billionaires. Are there flaws in the Constitution? Why do we need to amend it in order to rein in an out-of-control government? What "magic language would an amendment adopt," wondered Mitchell Shaw, in order to force Congress to abide by the Constitution that they are already ignoring? In his opinion, there are no flaws in the Constitution. Congress is ignoring it and American citizens allow it because they are too ignorant of their own Constitution. An amendment is not the solution, Shaw said, the solution is the creation of an informed electorate that understands the power of the state legislators to rein in the federal government. Unfortunately states compromise because they have become dependent on federal money to pay their bills. Robert Broadus, a Navy veteran and the host of the east coast anti-federalist radio show, presented the anti-federalist viewpoint of an article V convention of the states. Richard D. Fry explained that our current legislators no longer fear the people and God. They are no longer serving the interests of the American people; they are serving their own interests. We as citizens are not doing our job of holding them accountable. "This article V convention has been promoted for 50 years, starting with the Ford Foundation." Fry concentrated his speech on the idea of sovereignty of a state with inherent power to regulate itself internally. "The states themselves are sovereign." Dr. Edwin Vieira, a Constitutional scholar, summed up the Constitution convention in three words, "imprudence, incoherence, and irrelevance." He made the most important point of the evening that any kind of amendment, agenda, proposal, or draft are irrelevant in light of the looming national debt which is impossible to repay or manage currently or in the near future. "We are on a Titanic right now," $18 trillion in national debt. If we add unfunded liabilities, we are at over $200 trillion." That is the biggest threat to our national security. "And the solution is hyperinflation, followed by depression, or hyperinflation with depression." He continued that the debt is unpayable and must be written off through currency depreciation. "We already have currency wars around the world in reference to the dollar being the reserve currency. This is the run up to WWI again. WWI was ultimately caused by trade rivalries between Germany and England. This war is going to be caused by monetary rivalries." Dr. Vieira believes that the Constitutional convention will not happen before "these monetary and geostrategic events come to fruition." "The Ship is going to come down first," he said, referring to the irreparably damaged ship of state. When the monetary system and the banking system collapse, prices will go into freefall, there will be social effects, civil disobedience, a breakdown of society, and other unpredictable events caused by a devastated economy. Preserving the original Constitution is most important. How long would an amendment take to pass if that is the only intent? Quoting Oswald Spangler and his "Decline of the West," Dr. Vieira said that the "Untergang" (fall, downfall, doom) of the West will occur first. "The amendment might pass after the Carpathia shows up," he concluded. Read more at ___________________________ |
Thank You Kent Lamberson
Balanced Budget Amendment: The Solution? Or Deathblow?
By Publius Huldah The BBA Made Simple Say you want your Butler to buy some groceries; so you give him your credit card. You can:
The second illustrates how a balanced budget amendment (BBA) works: It creates a completely new constitutional authority to spend on whatever the federal government wants to spend money on. And there is no enforceable limit on the amount of spending. Our Constitution Limits Spending to the Enumerated Powers Our Constitution doesn’t permit the federal government to spend money on whatever they want. If Congress obeyed our Constitution, they would limit spending to the enumerated powers listed in the Constitution. Since the Constitution delegates to Congress only limited and narrowly defined authority to spend money, excessive federal spending is not the result of a defective Constitution, but of disregarding the existing constitutional limitations on federal spending. Because everyone has ignored these existing limitations for so long, we now have a national debt of some $20 trillion plus a hundred or so trillion in unfunded liabilities. 1 Various factions are now telling conservatives that the only way to stop out of control federal spending is with a BBA. Obviously, that is not true. The constitutional answer is to downsize the federal government to its enumerated powers. Eliminate federal departments (Education, Energy, Agriculture, Environmental Protection Agency, Housing and Urban Development, etc., etc., etc.), for which there is no constitutional authority. 2 Since our Constitution delegates only a handful of powers to the federal government, most of what they’ve spent money on since the early 1900s is unconstitutional as outside the scope of powers delegated. Yet our Constitution is still legally in place; and can be dusted off, read, and enforced by a Repentant People. They can shrink the federal government to the size established by the Constitution which created it. 3 Using the Federal “Budget” to Snap the Trap on an Unsuspecting People Our Constitution doesn’t provide for a budget. Spending is to be limited by the enumerated powers. Pursuant to Art. I, §9, clause 7, the Treasury is to publish periodic Statements and Accounts of the Receipts and Expenditures. Since the list of objects on which Congress is authorized to spend money is so short, it would be a simple matter to monitor federal spending and receipts. But since the unconstitutional Budget & Accounting Act of 1921, Presidents and Congress have been putting into the “budget” whatever they want to spend money on. Do you see that if the federal government is given constitutional authority (via a BBA) to spend money on whatever they want, they are ipso facto granted constitutional authority to exert power over whatever they want? Oh, Americans! False friends lead you astray and confuse the path you should take. Under the pretext of imposing “fiscal responsibility” with a BBA, they would legalize the totalitarian dictatorship which has been developing in this Country for 100 years. Creating the all-powerful federal government by Amendment A BBA changes the standard for spending from whether the object is an enumerated power to whatever the federal government wants to spend money on. 4 So a BBA would transform the federal government created by our Constitution from one of enumerated powers only, to one of general and unlimited powers because it would authorize Congress to appropriate funds for – and hence have power over - whatever they or the President decide to put in the budget! A BBA Doesn’t Reduce Federal Spending A BBA wouldn’t reduce federal spending because:
Americans think, “I have to balance my budget; so the federal government should have to balance theirs.” They overlook the profound distinctions between the economies of their own family unit and that of the national government of a Federation of States. Our federal Constitution sets up a system where Congress is to appropriate funds only to carry out the enumerated powers; and the bills are to be paid with receipts from excise taxes and import tariffs, with any shortfall being made up by a direct assessment on the States apportioned according to population (Art. I, §2, clause 3). Americans also think that since States have balanced budget amendments, the federal government should have one. They overlook the profound distinction between the federal Constitution and State Constitutions: 5
A BBA would have the opposite effect of what you have been told. Instead of limiting the federal government, it legalizes spending which is now unconstitutional as outside the scope of the enumerated powers; transforms the federal government into one which has power over whatever they decide to spend money on; and does nothing to reduce federal spending. Twenty-eight States have already passed applications for a BBA. Go HERE to check the status of your State. Warn your friends and State Legislators. For a model your State can use to rescind its previous applications, go HERE and look under “Take Action” column, or contact me. Do not let the malignant elite complete their revolution by replacing our Constitution. Endnotes: 1 State governments are voracious consumers of federal funds. THIS shows what percentage of your State’s revenue is from federal funds. Contrary to what RINO State Legislators say, they don’t want federal spending reduced: They want to keep those federal dollars flooding in. 2 George Washington’s Cabinet had 4 members: Secretary of War, Secretary of Treasury, Secretary of State, and Attorney General. 3 Our federal Constitution is short and easy to understand. The only way you can avoid being misled is to find out for yourself what it says. Be a Berean (Acts 17:10-12). 4 Amendments change all language to the contrary in the existing Constitution. Eg., the 13th Amendment changed Art. I, §2, clause 3 & Art. IV, §2, clause 3 because they were inconsistent with the 13th Amendment. 5 In Federalist No. 45 (3rd para from end), James Madison said: “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” ___________________________ ON ... January 26th - Publius Huldah - Lawyer, Philosopher &
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http://www.sweetliberty.org/issues/concon/newstates.htm#.VIz2lFpNtna
Proposed Constitution for
the Newstates of America
This transcript of the Proposed Constitution for the Newstates of America was transferred from Col. Arch Roberts' website at Committee to Restore the Constitution. When possible, we transfer whole files — always giving credit to its source — in the event a website with pertinent information may be discontinued. — Jackie
A CONSTITUTION FOR THE NEWSTATES OF AMERICA, from the book, THE EMERGING CONSTITUTION by Rexford G. Tugwell, published 1974 (Harper & Row: $20.00) illustrates with chilling clarity the final objective of regional governance conspirators. The goal is a corporate state concentrating economic, political and social powers in the hands of a ruling elite. "A Constitution for the Newstates of America", is the fortieth version of this revolutionary document prepared by a team of social experimenters at the CENTER FOR THE STUDY OF DEMOCRATIC INSTITUTIONS, Fund for the Republic (Ford Foundation), Post Office Box 4068, Santa Barbara, California 93103.
The Center, its first objective accomplished, has appointed socialist-oriented University of Denver Chancellor Maurice B. Mitchell as its new head and may merge with the Aspen Institute for Humanistic Studies, a Colorado-based world government policy promotion agency.
Aspen Institute Chairman is Robert O. Anderson, chief executive officer, Atlantic Richfield Company; member, Committee for Economic Development (laid ground work for regional government), and advisory board member, Institute for International Education. Anderson is the principal figure in campaign aimed at seizing control of the National Rifle Association.
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Constitution for the Newstates of America
PREAMBLE
So that we may join in common endeavors, welcome the future in good order, and create an adequate and self-repairing government - we, the people, do establish the Newstates of America, herein provided to be ours, and do ordain this Constitution whose supreme law it shall be until the time prescribed for it shall have run.
ARTICLE I
Rights and Responsibilities
A. Rights
SECTION 1. Freedom of expression, of communication, of movement, of assembly, or of petition shall not be abridged except in declared emergency.
SECTION 2. Access to information possessed by governmental agencies shall not be denied except in the interest of national security; but communications among officials necessary to decisionmaking 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 concerted with those of corresponding national agencies, where these exist, under arrangements common to all.
SECTION 11. The rights and responsibilities prescribed in this Constitution shall be effective in the Newstates and shall be suspended only in emergency when declared by Governors and not disapproved by the Senate of the Newstates of America.
SECTION 12. Police powers of the Newstates shall extend to all matters not reserved to the Newstates of America; but preempted 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 having had at least a 5 percent affiliation in the latest general election; but a new party shall be recognized when valid petitions have been signed by at least 2 percent of the voters in each of 30 percent of the districts drawn for the House of Representatives. Recognition shall be suspended upon failure to gain 5 percent of the votes at a second election, 10 percent at a third, or 15 percent at further elections.
District parties shall be recognized when at least 2 percent of the 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 administrators 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 enlightened political discussion.
c. Arrange, on the first Saturday in each month, for enrollment, valid for one year, of voters at convenient places.
SECTION 7. The Overseer shall also:
a. Assist the parties in nominating candidates for district members of the House of Representatives each three years; and for this purpose designate one hundred districts, each with a similar number of eligible voters, redrawing districts after each election. In these there shall be party conventions having no more than three hundred delegates, so distributed that representation of voters be approximately equal.
Candidates for delegate may become eligible by presenting petitions signed by two hundred registered voters. They shall be elected by party members on the first Tuesday in March, those having the largest number of votes being chosen until the three hundred be complete. Ten alternates shall also be chosen by the same process.
District conventions shall be held on the first Tuesday in April. Delegates shall choose three candidates for membership in the House of Representatives, the three having the most votes becoming candidates.
b. Arrange for the election each three years of three members of the House of Representatives in each district from among the candidates chosen in party conventions, the three having the most votes to be elected.
SECTION 8. The Overseer shall also:
a. Arrange for national conventions to meet nine years after previous presidential elections, with an equal number of delegates from each district, the whole number not to exceed one thousand.
Candidates for delegates shall be eligible when petitions signed by five hundred registered voters have been filed. Those with the most votes, together with two alternates, being those next in number of votes, shall be chosen in each district.
b. Approve procedures in these conventions for choosing one hundred candidates to be members-at-large of the House of Representatives, whose terms shall be coterminous with that of the President. For this purpose delegates shall file one choice with convention officials. Voting on submissions shall proceed until one hundred achieve 10 percent, but not more than three candidates may be resident in any one district; if any district have more than three, those with the fewest votes shall be eliminated, others being added from the districts having less than three, until equality be reached. Of those added, those having the most votes shall be chosen first.
c. Arrange procedures for the consideration and approval of party objectives by the convention.
d. Formulate rules for the nomination in these conventions of candidates for President and Vice-Presidents when the offices are to fall vacant, candidates for nomination to be recognized when petitions shall have been presented by one hundred or more delegates, pledged to continue support until candidates can no longer win or until they consent to withdraw. Presidents and Vice-Presidents, together with Representatives-at-large, shall submit to referendum after serving for three years, and if they are rejected, new conventions shall be held within one month and candidates shall be chosen as for vacant offices.
Candidates for President and Vice-Presidents shall be nominated on attaining a majority.
e. Arrange for the election on the first Tuesday in June, in appropriate years, of new candidates for President and Vice-Presidents, and members-at-large of the House of Representatives, all being presented to the nation's voters as a ticket; if no ticket achieve a majority, the Overseer shall arrange another election, on the third Tuesday in June, between the two persons having the most votes; and if referendum so determine he shall provide similar arrangements for the nomination and election of candidates.
In this election, the one having the most votes shall prevail.
SECTION 9. The Overseer shall also:
a. Arrange for the convening of the national legislative houses on the fourth Tuesday of July.
b. Arrange for inauguration of the President and Vice-Presidents on the second Tuesday of August.
SECTION 10. All costs of electoral procedures shall be paid from public funds, and there shall be no private contributions to parties or candidates; no contributions or expenditures for meetings, conventions, or campaigns shall be made; and no candidate for office may make any personal expenditures unless authorized by a uniform rule of the Overseer; and persons or 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 election.
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 1 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 uses.
SECTION 12. Allocations may be made for the planning agencies of the Newstates; but only the maps and plans of the national Board, or those approved by them, shall have status at law.
SECTION 13. In making plans, there shall be due regard to the interests of other nations and such 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 profitmaking 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 note expressions of concern during party conventions and commitments made during campaigns; and if these be neglected, to remind the President and the House of Representatives that these undertakings are to be considered.
SECTION 8. In time of present or prospective danger caused by cataclysm, by attack, or by insurrection, the Senate may declare a national emergency and may authorize the President to take appropriate action. If the Senate be dispersed, and no quorum available, the President may proclaim the emergency, and may terminate it unless the Senate shall have acted. If the President be not available, and the circumstances extreme, the senior serving member of the presidential succession may act until a quorum assembles.
SECTION 9. The Senate may also define and declare a limited emergency in time of prospective danger, or of local or regional disaster, 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, postaudits 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 the 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 majority vote from among the Representatives-at-large, who shall be its presiding officer.
SECTION 3. It shall be a duty to implement the provisions of this constitution and, in legislating, to be guided by them.
SECTION 4. Party leaders and their deputies shall be chosen by caucus at the beginning of each session.
SECTION 5. Standing and temporary committees shall be selected as follows:
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 alloted 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 expenditures 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 Branch to include in revisions 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 variation shall have been fixed bylaw. 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, institutuions 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 them edia of exchange, and for stabilizing prices; but such institutions, when not public or semipublic, shall be regarded as affected with the public interest and shall be supervised by the Chancellor of Financial Affairs.
6. To establish institutions for insurance against risks and liabilities, or to provide suitable agencies for the regulation of such as are not public.
7. To ensure the maintenance, by ownership or regulation, of facilities for communication, transportation, and others commonly used and necessary for public convenience.
8. To assist in the maintenance of world order, and, for this purpose, when the President shall recommend, to vest jurisdiction in international legislative, judicial, or administrative agencies.
9. To develop with other peoples, and for the benefit of all, the resources of space, of other bodies in the universe, and of the seas beyond 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 of other activities affected with a public interest as defined by law, by reason of disputes between employers and employees, or for other reasons, and for this purpose to provide for conclusive arbitration if adquate provision for collective bargaining fail. From such finding there may be appeal to the Court of Arbitration Review; but such proceedings may not stay the acceptance of findings.
18. To support an adequate civil service for the performance of such duties as may be designated by administrators; and for this purpose to refrain from interference with the processes of appointment or placement, asking advice or testimony before committees only with the consent of appropriate superiors.
19. To provide for the maintenance of armed forces.
20. To enact such measures as will assist families in making adjustment to future conditions, using estimates concerning population and resources made by the Planning Board.
21. To vote within ninety days on such measures as the President may designate as urgent.
ARTICLE VII
The Regulatory Branch
SECTION 1. There shall be a Regulatory Branch, and there shall be a National Regulator chosen by majority vote of the Senate and remoable by a two-thirds vote of that body. His term shall be seven years, and he shall preside over a National Regulatory Board. Together they 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 or 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 sixe 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 communcation; but membership shall be open to all eligible enterprises. Nonmembers shall be required to maintain the same standards at 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 Board may be appealed to the Court of Administrative Settlements, whose judgments shall be informed by the intention to establish fairness to consumer and competitors and stability in economic affairs.
SECTION 12. Responsible also to the Regulator, there shall be an Operations 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 oprices charged for services or goods.
Each enterprise shall have a director, chosen 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 of America; a Judicial Council; and a Judicial Assembly. There shall also be a Supreme Court and a High Court of Appeals; also Courts of Claims, Rights and Duties, Administrative Review, Arbitration Settlements, Tax Appeals, and Appeals from Watchkeeper's Findings. There shall be Circuit Courts to be of first resort in suits brought under national law; and they shall hear appeals from courts of the Newstates.
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 to be disabled from continuing in office, as may be determined by the Senate, replacement shall be by the senior member of the Judicial Council until a new selection be made. After 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 sho shall preside.
SECTION 7. A presiding judge may decide, with the concurrence of the senior judge, that there may be pretrial proceedings, that criminal trials shall be conducted by either investigatory or adversary proceedings, and whether there shall be a jury and what the number of jurors shall be; but investigatory proceedings shall require a bench of three.
SECTION 8. In deciding on the concordance of statutes with the Constitution, the Supreme Court shall return to the House of Representatives such as it cannot construe. If the House fail to make return within ninety days the Court may interpret.
SECTION 9. The Principal Justice, or the President, may grant pardons or reprieves.
SECTION 10. The High Courts shall have thirteen members; but nine members, chosen by their senior justices from time to time, shall constitute a court. The justices on leave shall be subject to recall.
Other courts shall have nine members; but seven, chosen by their seniors, 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 arranagements 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 Council 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 by exempt from penalty for anything they may say while pursuing public duties; but the Judicial Council may make restraining rules.
SECTION 6. Except as otherwise provided by this Constitution, each legislative house shall establish its requirements for membership and may make rules for the conduct of members, including conflicts of interest, providing its own disciplines for their infraction.
SECTION 7. No Newstate shall interfere with officials of the Newstates of America in the performance of their duties, and all shall give full faith and credit to the Acts of other Newstates and of the Newstates of America.
SECTION 8. Public funds shall be expended only as authorized in this Constitution.
ARTICLE X
Governmental Arranagements
SECTION 1. Officers 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-President, 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.
The service, at the request of the Political Overseer, may extend its protection to candidates for office; or to other officials, if the committee so decide.
SECTION 7. A suitable contingency fund shall be made available to the President for purposes defined by law.
SECTION 8. The Senate shall try officers of government other than legislators when such officers are impeached by a two-third vote of the House of Representatives for conduct prejudicial to the public interest. If Presidents or Vice-Presidents are to be tried, the Senate, as constituted, shall conduct the trial. Judgments shall not extend beyond removal from office and disqualification for holding further office; but the convicted official shall be liable to further prosecution.
SECTION 9. Members of legislative houses may be impeached by the Judicial Council; but for trials it shall be enlarged to seventeen by Justices of the High Courts appointed by the Principal Justice. If convicted, members shall be expelled and be ineligible for future public office; and they shall also be liable for trial as citizens.
ARTICLE XI
Amendment
SECTION 1. It being the special duty of the Judicial Council to formulate and suggest amendments to this Constitution, it shall, from time to time, make proposals, through the Principal Justice, to the Senate. The Senate, if it approve, and if the President agree, shall instruct the Overseer to arrange at the next national election for submission of the amendment to the electorate. If not disapproved by a majority, it shall become part of this Constitution. If rejected, it may be restudied and a new proposal submitted.
It shall be the purpose of the amending procedure to correct deficiencies in the Constitution, to extend it when new responsibilities require, and to make government responsible to needs of the people, making use of advances in managerial competence and establishing security and stability; also to preclude changes in the Constitution resulting from interpretation.
SECTION 2. When this Constitution shall have been in effect for twenty-five years the Overseer shall ask, by referendum, whether a new Constitution shall be prepared. If a majority so decide, the Council, making use of such advice as may be available, and consulting those who have made complaint, shall prepare a new draft for submission at the next election. If not disapproved by a majority it shall be in effect. If disapproved it shall be redrafted and resubmitted with such changes as may be then appropriate to the circumstances, and it shall be submitted to the voters at the following election.
If not disapproved by a majority it shall be in effect. If disapproved it shall be restudied and resubmitted.
ARTICLE XII
Transition
SECTION 1. The President is authorized to assume such powers, make such appointments, and use such funds as are necessary to make this Constitution effective as soon as possible after acceptance by a referendum he may initiate.
SECTION 2. Such members of the Senate as may be at once available shall convene and, if at least half, shall constitute sufficient membership while others are being added. They shall appoint an Overseer to arrange for electoral organization and elections for the offices of government; but the President and Vice-Presidents shall serve out their terms and then become members of the Senate. At that time the presidency shall be constituted as provided in this Constitution.
SECTION 3. Until each indicated change in the government shall have been completed the provisions of the existing Constitution and the organs of government shall be in effect.
SECTION 4. All operations of the national government shall cease as they are replaced by those authorized under this Constitution.
The President shall determine when replacement is complete.
The President shall cause to be constituted an appropriate commission to designate existing laws inconsistent with this Constitution, and they shall be void; also the commission shall assist the President and the legislative houses in the formulating of such laws as may be consistent with the Constitution and necessary to its implementation.
SECTION 5. For establishing 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 arranagements, 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. Constitution 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 it shall be in effect and the government shall be constituted. If it be 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 suceeded 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 of candidates for the Principal Justiceship of the Newstates of America shall be called by the incumbent Chief Justice immediately upon ratification.
SECTION 10. Newstates electing by referendum not to comply with recommendations of the Boundary Commission, as approved by the Senate, shall have deducted from taxes collected by the Newstates of America for transmission to them a percentage equal to the loss in efficiency from failure to comply.
Estimates shall be made by the Chancellor of Financial Affairs and approved by the President; but the deduction shall not be less than 7 percent.
SECTION 11. When this Constitution has been implemented the President may delete by proclamation appropriate parts of this article.
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Proposed Constitution for
the Newstates of America
This transcript of the Proposed Constitution for the Newstates of America was transferred from Col. Arch Roberts' website at Committee to Restore the Constitution. When possible, we transfer whole files — always giving credit to its source — in the event a website with pertinent information may be discontinued. — Jackie
A CONSTITUTION FOR THE NEWSTATES OF AMERICA, from the book, THE EMERGING CONSTITUTION by Rexford G. Tugwell, published 1974 (Harper & Row: $20.00) illustrates with chilling clarity the final objective of regional governance conspirators. The goal is a corporate state concentrating economic, political and social powers in the hands of a ruling elite. "A Constitution for the Newstates of America", is the fortieth version of this revolutionary document prepared by a team of social experimenters at the CENTER FOR THE STUDY OF DEMOCRATIC INSTITUTIONS, Fund for the Republic (Ford Foundation), Post Office Box 4068, Santa Barbara, California 93103.
The Center, its first objective accomplished, has appointed socialist-oriented University of Denver Chancellor Maurice B. Mitchell as its new head and may merge with the Aspen Institute for Humanistic Studies, a Colorado-based world government policy promotion agency.
Aspen Institute Chairman is Robert O. Anderson, chief executive officer, Atlantic Richfield Company; member, Committee for Economic Development (laid ground work for regional government), and advisory board member, Institute for International Education. Anderson is the principal figure in campaign aimed at seizing control of the National Rifle Association.
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Constitution for the Newstates of America
PREAMBLE
So that we may join in common endeavors, welcome the future in good order, and create an adequate and self-repairing government - we, the people, do establish the Newstates of America, herein provided to be ours, and do ordain this Constitution whose supreme law it shall be until the time prescribed for it shall have run.
ARTICLE I
Rights and Responsibilities
A. Rights
SECTION 1. Freedom of expression, of communication, of movement, of assembly, or of petition shall not be abridged except in declared emergency.
SECTION 2. Access to information possessed by governmental agencies shall not be denied except in the interest of national security; but communications among officials necessary to decisionmaking 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 concerted with those of corresponding national agencies, where these exist, under arrangements common to all.
SECTION 11. The rights and responsibilities prescribed in this Constitution shall be effective in the Newstates and shall be suspended only in emergency when declared by Governors and not disapproved by the Senate of the Newstates of America.
SECTION 12. Police powers of the Newstates shall extend to all matters not reserved to the Newstates of America; but preempted 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 having had at least a 5 percent affiliation in the latest general election; but a new party shall be recognized when valid petitions have been signed by at least 2 percent of the voters in each of 30 percent of the districts drawn for the House of Representatives. Recognition shall be suspended upon failure to gain 5 percent of the votes at a second election, 10 percent at a third, or 15 percent at further elections.
District parties shall be recognized when at least 2 percent of the 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 administrators 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 enlightened political discussion.
c. Arrange, on the first Saturday in each month, for enrollment, valid for one year, of voters at convenient places.
SECTION 7. The Overseer shall also:
a. Assist the parties in nominating candidates for district members of the House of Representatives each three years; and for this purpose designate one hundred districts, each with a similar number of eligible voters, redrawing districts after each election. In these there shall be party conventions having no more than three hundred delegates, so distributed that representation of voters be approximately equal.
Candidates for delegate may become eligible by presenting petitions signed by two hundred registered voters. They shall be elected by party members on the first Tuesday in March, those having the largest number of votes being chosen until the three hundred be complete. Ten alternates shall also be chosen by the same process.
District conventions shall be held on the first Tuesday in April. Delegates shall choose three candidates for membership in the House of Representatives, the three having the most votes becoming candidates.
b. Arrange for the election each three years of three members of the House of Representatives in each district from among the candidates chosen in party conventions, the three having the most votes to be elected.
SECTION 8. The Overseer shall also:
a. Arrange for national conventions to meet nine years after previous presidential elections, with an equal number of delegates from each district, the whole number not to exceed one thousand.
Candidates for delegates shall be eligible when petitions signed by five hundred registered voters have been filed. Those with the most votes, together with two alternates, being those next in number of votes, shall be chosen in each district.
b. Approve procedures in these conventions for choosing one hundred candidates to be members-at-large of the House of Representatives, whose terms shall be coterminous with that of the President. For this purpose delegates shall file one choice with convention officials. Voting on submissions shall proceed until one hundred achieve 10 percent, but not more than three candidates may be resident in any one district; if any district have more than three, those with the fewest votes shall be eliminated, others being added from the districts having less than three, until equality be reached. Of those added, those having the most votes shall be chosen first.
c. Arrange procedures for the consideration and approval of party objectives by the convention.
d. Formulate rules for the nomination in these conventions of candidates for President and Vice-Presidents when the offices are to fall vacant, candidates for nomination to be recognized when petitions shall have been presented by one hundred or more delegates, pledged to continue support until candidates can no longer win or until they consent to withdraw. Presidents and Vice-Presidents, together with Representatives-at-large, shall submit to referendum after serving for three years, and if they are rejected, new conventions shall be held within one month and candidates shall be chosen as for vacant offices.
Candidates for President and Vice-Presidents shall be nominated on attaining a majority.
e. Arrange for the election on the first Tuesday in June, in appropriate years, of new candidates for President and Vice-Presidents, and members-at-large of the House of Representatives, all being presented to the nation's voters as a ticket; if no ticket achieve a majority, the Overseer shall arrange another election, on the third Tuesday in June, between the two persons having the most votes; and if referendum so determine he shall provide similar arrangements for the nomination and election of candidates.
In this election, the one having the most votes shall prevail.
SECTION 9. The Overseer shall also:
a. Arrange for the convening of the national legislative houses on the fourth Tuesday of July.
b. Arrange for inauguration of the President and Vice-Presidents on the second Tuesday of August.
SECTION 10. All costs of electoral procedures shall be paid from public funds, and there shall be no private contributions to parties or candidates; no contributions or expenditures for meetings, conventions, or campaigns shall be made; and no candidate for office may make any personal expenditures unless authorized by a uniform rule of the Overseer; and persons or 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 election.
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 1 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 uses.
SECTION 12. Allocations may be made for the planning agencies of the Newstates; but only the maps and plans of the national Board, or those approved by them, shall have status at law.
SECTION 13. In making plans, there shall be due regard to the interests of other nations and such 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 profitmaking 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 note expressions of concern during party conventions and commitments made during campaigns; and if these be neglected, to remind the President and the House of Representatives that these undertakings are to be considered.
SECTION 8. In time of present or prospective danger caused by cataclysm, by attack, or by insurrection, the Senate may declare a national emergency and may authorize the President to take appropriate action. If the Senate be dispersed, and no quorum available, the President may proclaim the emergency, and may terminate it unless the Senate shall have acted. If the President be not available, and the circumstances extreme, the senior serving member of the presidential succession may act until a quorum assembles.
SECTION 9. The Senate may also define and declare a limited emergency in time of prospective danger, or of local or regional disaster, 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, postaudits 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 the 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 majority vote from among the Representatives-at-large, who shall be its presiding officer.
SECTION 3. It shall be a duty to implement the provisions of this constitution and, in legislating, to be guided by them.
SECTION 4. Party leaders and their deputies shall be chosen by caucus at the beginning of each session.
SECTION 5. Standing and temporary committees shall be selected as follows:
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 alloted 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 expenditures 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 Branch to include in revisions 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 variation shall have been fixed bylaw. 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, institutuions 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 them edia of exchange, and for stabilizing prices; but such institutions, when not public or semipublic, shall be regarded as affected with the public interest and shall be supervised by the Chancellor of Financial Affairs.
6. To establish institutions for insurance against risks and liabilities, or to provide suitable agencies for the regulation of such as are not public.
7. To ensure the maintenance, by ownership or regulation, of facilities for communication, transportation, and others commonly used and necessary for public convenience.
8. To assist in the maintenance of world order, and, for this purpose, when the President shall recommend, to vest jurisdiction in international legislative, judicial, or administrative agencies.
9. To develop with other peoples, and for the benefit of all, the resources of space, of other bodies in the universe, and of the seas beyond 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 of other activities affected with a public interest as defined by law, by reason of disputes between employers and employees, or for other reasons, and for this purpose to provide for conclusive arbitration if adquate provision for collective bargaining fail. From such finding there may be appeal to the Court of Arbitration Review; but such proceedings may not stay the acceptance of findings.
18. To support an adequate civil service for the performance of such duties as may be designated by administrators; and for this purpose to refrain from interference with the processes of appointment or placement, asking advice or testimony before committees only with the consent of appropriate superiors.
19. To provide for the maintenance of armed forces.
20. To enact such measures as will assist families in making adjustment to future conditions, using estimates concerning population and resources made by the Planning Board.
21. To vote within ninety days on such measures as the President may designate as urgent.
ARTICLE VII
The Regulatory Branch
SECTION 1. There shall be a Regulatory Branch, and there shall be a National Regulator chosen by majority vote of the Senate and remoable by a two-thirds vote of that body. His term shall be seven years, and he shall preside over a National Regulatory Board. Together they 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 or 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 sixe 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 communcation; but membership shall be open to all eligible enterprises. Nonmembers shall be required to maintain the same standards at 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 Board may be appealed to the Court of Administrative Settlements, whose judgments shall be informed by the intention to establish fairness to consumer and competitors and stability in economic affairs.
SECTION 12. Responsible also to the Regulator, there shall be an Operations 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 oprices charged for services or goods.
Each enterprise shall have a director, chosen 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 of America; a Judicial Council; and a Judicial Assembly. There shall also be a Supreme Court and a High Court of Appeals; also Courts of Claims, Rights and Duties, Administrative Review, Arbitration Settlements, Tax Appeals, and Appeals from Watchkeeper's Findings. There shall be Circuit Courts to be of first resort in suits brought under national law; and they shall hear appeals from courts of the Newstates.
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 to be disabled from continuing in office, as may be determined by the Senate, replacement shall be by the senior member of the Judicial Council until a new selection be made. After 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 sho shall preside.
SECTION 7. A presiding judge may decide, with the concurrence of the senior judge, that there may be pretrial proceedings, that criminal trials shall be conducted by either investigatory or adversary proceedings, and whether there shall be a jury and what the number of jurors shall be; but investigatory proceedings shall require a bench of three.
SECTION 8. In deciding on the concordance of statutes with the Constitution, the Supreme Court shall return to the House of Representatives such as it cannot construe. If the House fail to make return within ninety days the Court may interpret.
SECTION 9. The Principal Justice, or the President, may grant pardons or reprieves.
SECTION 10. The High Courts shall have thirteen members; but nine members, chosen by their senior justices from time to time, shall constitute a court. The justices on leave shall be subject to recall.
Other courts shall have nine members; but seven, chosen by their seniors, 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 arranagements 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 Council 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 by exempt from penalty for anything they may say while pursuing public duties; but the Judicial Council may make restraining rules.
SECTION 6. Except as otherwise provided by this Constitution, each legislative house shall establish its requirements for membership and may make rules for the conduct of members, including conflicts of interest, providing its own disciplines for their infraction.
SECTION 7. No Newstate shall interfere with officials of the Newstates of America in the performance of their duties, and all shall give full faith and credit to the Acts of other Newstates and of the Newstates of America.
SECTION 8. Public funds shall be expended only as authorized in this Constitution.
ARTICLE X
Governmental Arranagements
SECTION 1. Officers 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-President, 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.
The service, at the request of the Political Overseer, may extend its protection to candidates for office; or to other officials, if the committee so decide.
SECTION 7. A suitable contingency fund shall be made available to the President for purposes defined by law.
SECTION 8. The Senate shall try officers of government other than legislators when such officers are impeached by a two-third vote of the House of Representatives for conduct prejudicial to the public interest. If Presidents or Vice-Presidents are to be tried, the Senate, as constituted, shall conduct the trial. Judgments shall not extend beyond removal from office and disqualification for holding further office; but the convicted official shall be liable to further prosecution.
SECTION 9. Members of legislative houses may be impeached by the Judicial Council; but for trials it shall be enlarged to seventeen by Justices of the High Courts appointed by the Principal Justice. If convicted, members shall be expelled and be ineligible for future public office; and they shall also be liable for trial as citizens.
ARTICLE XI
Amendment
SECTION 1. It being the special duty of the Judicial Council to formulate and suggest amendments to this Constitution, it shall, from time to time, make proposals, through the Principal Justice, to the Senate. The Senate, if it approve, and if the President agree, shall instruct the Overseer to arrange at the next national election for submission of the amendment to the electorate. If not disapproved by a majority, it shall become part of this Constitution. If rejected, it may be restudied and a new proposal submitted.
It shall be the purpose of the amending procedure to correct deficiencies in the Constitution, to extend it when new responsibilities require, and to make government responsible to needs of the people, making use of advances in managerial competence and establishing security and stability; also to preclude changes in the Constitution resulting from interpretation.
SECTION 2. When this Constitution shall have been in effect for twenty-five years the Overseer shall ask, by referendum, whether a new Constitution shall be prepared. If a majority so decide, the Council, making use of such advice as may be available, and consulting those who have made complaint, shall prepare a new draft for submission at the next election. If not disapproved by a majority it shall be in effect. If disapproved it shall be redrafted and resubmitted with such changes as may be then appropriate to the circumstances, and it shall be submitted to the voters at the following election.
If not disapproved by a majority it shall be in effect. If disapproved it shall be restudied and resubmitted.
ARTICLE XII
Transition
SECTION 1. The President is authorized to assume such powers, make such appointments, and use such funds as are necessary to make this Constitution effective as soon as possible after acceptance by a referendum he may initiate.
SECTION 2. Such members of the Senate as may be at once available shall convene and, if at least half, shall constitute sufficient membership while others are being added. They shall appoint an Overseer to arrange for electoral organization and elections for the offices of government; but the President and Vice-Presidents shall serve out their terms and then become members of the Senate. At that time the presidency shall be constituted as provided in this Constitution.
SECTION 3. Until each indicated change in the government shall have been completed the provisions of the existing Constitution and the organs of government shall be in effect.
SECTION 4. All operations of the national government shall cease as they are replaced by those authorized under this Constitution.
The President shall determine when replacement is complete.
The President shall cause to be constituted an appropriate commission to designate existing laws inconsistent with this Constitution, and they shall be void; also the commission shall assist the President and the legislative houses in the formulating of such laws as may be consistent with the Constitution and necessary to its implementation.
SECTION 5. For establishing 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 arranagements, 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. Constitution 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 it shall be in effect and the government shall be constituted. If it be 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 suceeded 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 of candidates for the Principal Justiceship of the Newstates of America shall be called by the incumbent Chief Justice immediately upon ratification.
SECTION 10. Newstates electing by referendum not to comply with recommendations of the Boundary Commission, as approved by the Senate, shall have deducted from taxes collected by the Newstates of America for transmission to them a percentage equal to the loss in efficiency from failure to comply.
Estimates shall be made by the Chancellor of Financial Affairs and approved by the President; but the deduction shall not be less than 7 percent.
SECTION 11. When this Constitution has been implemented the President may delete by proclamation appropriate parts of this article.
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