Article I:
Legislative Department
Summary
All laws are written in the Legislative Branch. Nothing is obligated upon the people by government unless it has been reviewed, discussed or debated, and approved by their representatives and senators. A bicameral (dual chamber) legislature affords greater protection against shoddy or excessive lawmaking than a single assembly. These two chambers are termed herein House of Representatives and Senate. Laws should be clearly written and understandable.
Charles C. Pinckney, Delegate from South Carolina, affirmed:
… in the general Constitution, the House of Representatives will be elected immediately by the people, and represent them and their personal rights individually; the Senate will be elected by the state legislatures, and represent the states in their political capacity; and thus each branch will form a proper and independent check on the other, and the legislative powers will be advantageously balanced. (Jonathan Elliot, Debates in the Several State Conventions in the Adoption of the Federal Constitution, Vol. 4, pg. 38).
Provisions
Click on the Button to View
Section I.1.
Legislative Powers
Summary
A bicameral (dual chamber) legislatue affords greater protection against shoddy or excessive lawmaking than a single assembly. These two chambers are termed herein House of Representatives and Senate. Laws should be clearly written and understandable.
I have used “Nation” in place of United States; “Nation” can refer to any government in point. “State” can refer to sub-units of the “Nation.” “Congress” refers to any leglature. Text enclosed within [brackets] is mine.
I.1.1. Legislative Powers Vested
All legislative powers herein granted shall be vested in a legislature of the United States, which shall consist of a Senate and House of Representatives.
- The separation of powers is essential to prevent one branch of the government from amassing power to itself.
- Nothing is imposed upon the people unless it has been reviewed and approved by their Representatives and Senators. While regulations may apply to the operation of government agencies, they can have no force of law upon the people.
SECTION I.2.
House of Representatives
Summary
Members of the House of Representatives (Representatives) are locally chosen citizens, familiar with the needs and wants of their neighbors. They are elected for a two-year term and represent the will of the people. A two-term limit assures that Representatives are of the people; they must return to society, earn a living like those they temporarily represent, and live under the laws they make. Direct taxes and representation are both allocated proportionately to population. Voting districts are drawn to be uniform with respect to population, with boundary-to-area ratios as small as practicable, and Sub-domains undivided
Click on the Button to View
I.2.1. Composition, Term, Election, Term Limits
The House of Representative shall be composed of members chosen every second year by the people of the several States, and the electors of each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.(U.S.C. I.2.1.) [Each member of the House of Representatives shall serve no more than two terms.]
- This makes the Domain a Democratic Republic, in that all registered voters, no matter their social position, title or wealth, have an equal say in whom they choose to represent them. This is not the same as a true democracy in which each person has an equal say in decision making.
- The two-term limit gives ample time for Representatives to learn the duties of office and to serve effectively, but limits an incentive to make a career of political office that would remove them from the life experiences of normal citizens.
- A frequent draw of Representatives from pool of ordinary citizens keeps this branch of the Legislature composed “of the people.”
I.2.2. Qualifications
No person shall be a Representative who shall not have met the age and citizenship requirements specified in (to be determined), and who shall not, when elected, be an inhabitant of that [Sub-domain] in which he or she shall be chosen. (U.S.C. I.2.2.)
- Citizenship and inhabitant requirements make it more likely that Representatives will be loyal to the Domain.
- Age and citizenship requirements will vary depending upon the level of government. Representatives to a town council, for example, will not require as old an age or length of time a member of the community, as for a State or National Representative.
I.2.3. Apportionment
Representatives and direct taxes shall be apportioned among the several Sub-domains which may be including within this Union according to their respective numbers. [Voting districts within each Sub-domain for the election of Representatives shall, as much as practicable, be (i) uniform as to population, (ii) have its boundary to area ratio as small as possible, and (iii) have its embedded domains undivided.] The actual enumeration shall be made within three years after the first meeting of the Congress of the [Nation] and within each subsequent term of ten years, in such manner as they by law shall direct. The number of Representatives shall [be determined], but each State shall have at least one Representative. (from U.S.C. I.2.3.)
- All citizens have equal representation in the House. They also have an equal tax burden. (Indirect taxes such as a sales or use tax do not come under this restriction.)
- An income tax as presently imposed upon individuals in the United States is not allowed.
- This clause is designed to enable, as much as practicable, people living in relative proximity to one another to elect their Representatives. It also prevents the deceitful practice of crafting districts with irregular boundaries for self-seeking political purposes and circumventing majority rule.
- Leaving embedded Domains undivided means that residents of a community can confer with their neighbors and consider together who should represent them.
I.2.4. Filling Vacancies
When vacancies happen in the representation of any [Sub-domain], the executive authority thereof shall issue writs of election to fill such vacancies. (U.S.C. I.2.4.)
- Each Sub-domain is required to fill vacancies as soon as possible so that the people are always represented.
I.2.5. Officers, Impeachment
The House of Representatives shall choose their [chairperson] and other officers, and shall have the sole power of impeachment. (U.S.C. I.2.5.)
- The House manages its own affairs, separate from all other branches of government.
- It may bring charges against officers of the Executive and Judicial branches when there is evidence of wrongdoing. This makes it possible to remove an evil or unqualified officer by peaceful means.
Section I.3.
The Senate
Summary
Members of the Senate (Senators) are experienced lawmakers and statesmen, elected by State legislatures. Each State has equal representation, thereby protecting the smaller from the ambition and influence of the larger. A Senate elected by State legislatures protects their independence and the federalist system. It shields them from incompetence, over-reaching and other abuses by the Nation and provides a different view of their needs than a popularly elected body.
The stability, experience and wisdom of the Senate curbs excessive lawmaking, resolves conflicting rules and stops popular but short-sighted measures originating in the House. It also provides a hedge against media bias which can easily sway popular opinion. The security afforded to States by a Senate elected by their legislatures, rather than a popularly elected body, may make this system of government attractive to other nations or peoples who seek protection but want to manage their own local affairs. And it protects the people from runaway nationalism and abuse from a dominant majority.
The longer six-year term leads to stability and better understanding of extended situations. State legislatures, compared with the people at large, are more knowledgeable of the capabilities of those whom they elect, tend to choose the most fit men and women available, and to replace those who have failed their trust. Each State chooses two Senators, and each senator has one vote, permitting each to vote independently. The President of the Senate is the Vice President of the Nation, enabling close communication between the Senate and Executive branch, although he or she has no vote except to break a tie. The Senate makes its own rules and has power to try impeachments.
I.3.1. Composition, Term, Election
The Senate of the Nation shall be composed of two Senators from each State, chosen from the legislature thereof for six years [but no more than two terms or fifteen years] and each Senator shall have one vote. (U.S.C. I.3.1.)
- Each State is always represented in the Senate.
- This protects the smaller States from the ambitions and influence of the larger.
- The longer six-year term leads to stability and better understanding of extended situations.
- There are many reasons why election of Senators by State legislatures is superior to election by popular vote. Here are some:
- It curbs the concentration of power by the Domain.
- It preserves the federalist system.
- It protects the rights of the people.
The State governments will . . . afford complete security against invasions of the public liberty by the national authority. (Alexander Hamilton)
- Senators elected by State legislatures have different views on matters of statethan if popularly elected.
- A Senate thus selected provides stability. It tempers hasty and excessive lawmaking, grandstanding for public opinion, mob-like behavior of large assemblies, and short-sighted measures that might be taken in the House.
- This clause counteracts media bias. A successful popular campaign usually requires lots of money which may be provided by large moneyed concerns, including foreign governments and corporations. Laws might be passed that benefit only the special interests.
- State selection of Senators provides a hedge against political party dominance.
- Whereas popular election requires candidates to gather money and party support to win, State selection depends much less on this support; it depends, rather, upon known qualities of the candidates.
- Because Senators are elected by their peers, familiar with their character and abilities, those selected would more likely be wiser and better qualified than if popularly elected.
- Election of Senators by State legislatures relieves candidates of the need to stumpfor large sums of money and lessens the temptation to legislate favors for those who give it to them.
- Because incumbents need not spend much time campaigning, they will be less temptedto be absent from important senatorial duties.
- The security afforded to States by a Senate elected by their legislatures, rather than a popularly elected body, may make this system of government attractive to other nations or peoples who seek protection but want to manage their own local affairs.
- A six-year term is needed for Senators to learn the intricacies of their position including longterm obligations and foreign affairs.
I.3.2. Classification, Staggard Elections
Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year. (U.S.C. I.3.2.)
- Staggering the election of Senators assures that two-thirds of them always remain in office.
- Ongoing activities are better able to progress favorably, because most Senators are already familiar with them.
I.3.3. Qualifications
No person shall be a Senator who shall not have attained the [age and citizenship requirements to be determined], and who shall not, when elected, be an inhabitant of that State from which chosen. (U.S.C. I.3.3)
- A minimum age helps to ensure that Senators have adequate maturity, education and experience to fit them for the calling.
- Larger governments require greater maturity and experience.
- Citizenship requirements improve prospects that Senators will be loyal to the state that elected them.
- The inhabitant requirement helps to ensure that Senators are familiar with local needs and circumstances.
I.3.4. President of the Senate
The Vice President of the [Nation] shall be president of the Senate, but shall have no vote unless they be equally divided. (U.S.C. I.3.4.)
- A person elected to preside in the Senate represents all States.
- He or she can communicate closely with the President. This is especially important regarding confidential matters and foreign affairs.
- Because the president has no vote except to break a tie, the Senate can conduct most of its affairs free of influence from the executive branch.
I.3.5. Other Officers
The Senate shall choose their other officers, and a president pro tempore, in the absence of the Vice-President, or when he [or she] shall exercise the office of President of the [Domain]. (U.S.C. I.3.5.)
- This enables the Senate to conduct its meetings and proceedings free of every other governmental body.
- Being able to choose a replacement means it can continue to do business even when the Vice-President is absent.
I.3.6. Power to Try Impeachments
The Senate shall have the power to try all impeachments. When sitting for that purpose, they shall be [under] oath or affirmation. When the President of the [Nation] is tried, the Chief Justice shall preside. And no person shall be convicted without the concurrence of two-thirds of the members present. (U.S.C. I.3.6.)
- Any executive or judicial officer may be removed for bad conduct, and this provision preempts the need for an assassination or rebellion to do it.
- Because the Senate appoints or confirms executive and judicial officers it may also withdraw them.
- An accused officer has the right to be tried by a body which is under oath to render a fair and just decision.
- Requiring a super-majority to convict protects the accused from partisan prejudices.
I.3.7. Penalty for Impeachments
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the [Nation]: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law. (U.S.C. I.3.7.)
- This allows the Senate to remove an inept or corrupt officer and exclude the officer from future public service.
- On the other hand it shields the guilty person from other punishments. This is not punishment for a crime. Rather it protects the Nation from future harm caused by an errant officer.
- No one is above the law. An officer can still be convicted and punished under civil or common law like any other citizen.
SECTION I.4.
ELECTIONS AND MEETINGS
Summary
Elections for Senators and Representatives are held on Tuesday following the first Monday in November, unless otherwise determined by law, and on the same day throughout the Union. Representatives must be inhabitants of the district they represent. Senators are elected by majority vote of each State’s legislatures jointly assembled and each legislator has one vote. The National Legislature may modify voting regulations, except as to the place of choosing Senators. The Legislature meets at least once each year.
Click on the Button to View
I.4.1. Manner and Regulations of Elections
[The time for holding elections for Senators and Representatives shall be on Tuesday following the first Monday in November of every even numbered year. Senators shall be elected by simple majority vote by each Sub-domain’s legislatures jointly assembled, which shall remain in session until they elect Senators to represent them. Each round of voting shall be for one half of the slate of nominees, or for one half of the slate plus one if the slate contains an odd number, except when only one remains who shall be the elected Senator. The Quorum for electing Senators shall be one-half of the combined State legislative houses and each legislator shall have one vote. Representatives shall be elected in each Representative district, in which they shall be an inhabitant, by registered voters who are inhabitants of the same.] The Legislature may at any time by law make or alter such regulations except as to the places of choosing Senators. (U.S.C. I.4.1.)
- This new procedure is designed to secure a true bicameral legislature and to protect the federalist system.
- It is written to correct some of the problems that led to passage of the Seventeenth Amendment which changed the mode of electing Senators from state legislative appointment to popular vote.
- It is designed to prevent an impasse or failure of Sub-domains to elect a Senator, including delays, irresolvable conflicts between legislative bodies, or failure to secure a quorum.
- State election, rather than popular election of Senators, secures the vertical separation of powers by providing a check on the prolific lawmaking of a popular assembly. This check provides a bulwark against government’s enlarging itself well beyond its clearly defined powers, imposing its will upon State sovereignty and individual freedoms. And it forms a hedge against creeping Nationalism.
I.4.2. Timing of Elections
The Congress shall assemble at least once in every year and such meeting shall be on the third day in January unless they by law shall appoint a different day. (U.S.C. I.4.2.)
Having a general election day simplifies the election process, reduces costs and makes voting more convenient.
SECTION I.5.
RULES AND PROCEEDINGS
Summary
Each House determines the accuracy of election returns and judges the qualifications of its own members. A majority of each House constitutes a quorum for voting on bills, amendments and resolutions. Each House determines its own procedural rules, disciplines its members and keeps a journal of its proceedings. Extended adjournments require the consent of both Houses. Senators and Representatives are paid out of the National treasury for their services and necessary expenses. They are protected from frivolous arrests and lawsuits. They cannot accept appointments to any civil office of the Domain during their tenure.
Click on the Button to View
I.5.1. Elections & Qualifications of Members
Each House shall be the judge of the elections, returns, and qualifications of its own members; and a majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members in such manner and under such penalties as each House may provide. (U.S.C. I.5.1.)
- Each House determines if their members have been properly elected, and if new members are qualified.
- No law can be passed unless a majority (quorum) are present, preventing small groups with specious motives from passing laws.
- All motions are decided by majority vote unless the Constitution specifies otherwise. Requiring more than a majority would allow a minority to sabotage the work by refusing to attend.
- Although a quorum must be present at the opening of the day and be available to do business, all are not required to vote. However, without requiring a quorum to be present, at least initially, a few, by refusing to vote, could halt progress.
I.5.2. Rules of Proceedings
Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. (U.S.C. I.5.3.)
- Each House may take care of its business with no interference from an outside person or group.
- It can take needful action to maintain order and decency.
- Requiring a two-thirds vote to expel a member protects him or her from trivial or partisan schemes by a bare majority.
I.5.3. Journal
Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal. (U.S.C. I.5.4.)
- Each House must report on its proceedings. The work of legislation is public. The people have a right to know how well they are represented.
- No specific period for publication is given; however it should be frequent enough for the electorate to review their Senators’ and Representatives’ work.
- Some items, for security or because they are too sensitive, may be temporarily withheld from publication.
- Accuracy but not excessive detail is required. This does not mean a legislator may alter what was actually said to accord with what he or she may want people to think was said.
I.5.4. Adjournment
Neither House, during the session of [the Legislature], without the consent of the other, adjourn for more than three days, nor to any other place that that a in which the two Houses shall be sitting. (U.S.C. I.5.5.)
- This provision prevents one of the Houses from shutting down the work for a long time without the consent of the other.
- It also requires each house to be available to the other so that bills passed by one may be conveniently considered by the other.
SECTION I.6.
PRIVILEGES AND RESTRICTIONS
Summary
Senators and Representatives are paid out of the National treasury for their services. Except for treason, felony, and breach of peace, they are free from arrest while in Session, and when going to and from. They may not be punished for any speech they give in the Congress.
No Senator or Representative may be appointed to any civil office of the National Government during his or her time in office, and the compensation received cannot be increased. Further, no person employed in a civil office of the Nation can be a Senator or Representative.
Click on the Button to View
I.6.1. Pay & Privileges of Members
The Senators and Representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury of the [Nation]. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. (U.S.C. I.6.1.)
- Compensation by the Domain, rather than a stipend from the Sub-domains, encourages cooperation among members and adds to their independence. If they were paid by the Sub-domains, they would merely be its agents rather than working for the people.
- Term limits removes Senators and Representatives from the temptation to vote themselves high salaries and perks because they would enjoy only one term at the higher rate.
- Elected offices must not become places of profit, nor be used for campaigning, to sway popular opinion or to enjoy lavish benefits.
- Because members of the Legislature are paid from the Domain treasury, even a poor citizen can become a Senator or Representative.
- Senators and Representatives are free from petty suits, harassment and arrest while in session and traveling to and from work; and, while they are in session they may speak freely on any subject or about any person or program without fear of being charged with libel or slander. However, they should be courteous and use common decency and propriety.
I.6.2. Holding Other Offices Forbidden
No Senator or Representative shall, during the time for which elected, be appointed to any civil office under the authority of the [Nation], which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the [Nation] shall be a member of either House during his or her continuance in office. (U.S.C. I.6.2.)
- Senators and Representatives cannot be appointed to an administrative position which they have helped to create while in office, nor can they hold a concurrent administrative position.
- This helps them maintain their independence. It discourages them from seeking favors from the executive in exchange for passing laws that favor the executive’s objectives rather than those of the people they represent.
- However they are not prevented from serving in positions in other domains. Too many restrictions would keep capable public servants from seeking legislative offic.
SECTION I.7.
PROCEEDURE FOR PASSING LAWS
Summary
Revenue bills originate in the House of Representatives. Other bills and amendments may be proposed by either House. Before any bill becomes law, it must be approved by both Houses and submitted to the President. If he or she approves it and signs it, it becomes law. If he or she objects, it is returned with objections to the originating House. The Congress may override this “veto” by a two-thirds vote of both Houses. If they cannot muster a two-thirds vote, the bill dies or is reworked to become acceptable to the President. All orders, resolutions or votes, with noted exceptions, must be presented to the President and dealt with like any other bill.
No Senator or Representative may be appointed to any civil office of the National Government during his or her time in office, and the compensation received cannot be increased. Further, no person employed in a civil office of the Nation can be a Senator or Representative.
Click on the Button to View
I.7.1. Revenue Bills
All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills. (U.S.C. I.7.1)
- Only the people’s Representatives can originate tax bills.
- Senators’ longer term in office and closer cooperation with the executive branch for long-term projects and international affairs, may dispose them to fund programs wanted by the President but not wanted by the people.
- Although revenue bills must originate in the House, other bills, including spending bills, may originate in either chamber.
- Printing money is counterfeiting and not allowed under this Constitution. It effectively steals from the people the value of their money without their consent.
I.7.2. Procedure for Passing Laws
Every bill which shall have passed the House of Representatives and Senate shall, before it becomes law, be presented to the President of the [Nation]. If the [President] approves, he [or she] shall sign it, but if not, return it with objections to that House in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsider it. If, after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all cases the votes of both Houses shall be determined by yeas and nays and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him [or her], the same shall be a law, in like manner as if signed, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. (U.S.C. I.7.2.)
- Because the President must execute the laws, and implement all programs assigned by the Congress, he or she needs a reasonable time to review legislation before signing it into law.
- The presidential veto protects the executive as well as the
- people against abuses from bad legislation.
- If the President vetoes a bill, the Legislature can review the President’s objections to it. If they do not agree, they may attempt to override the veto by a two-thirds vote in both Houses.
- (Comment: Some recent bills written by the U.S. Congress are hundreds of pages long. Ten days is clearly inadequate to review them properly. Such monstrosities should be vetoed on face value.)
I.7.3. President’s Approval or Disapproval
Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a questions of adjournment, [amending the Constitution, and to matters strictly among themselves]) shall be presented to the President of the [Nation]; and before the same shall take effect, shall be approved by him [or her], or, being disapproved, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. (U.S.C. I.7.3.)
- With this procedure, the Congress and President have reasonable checks on one another which protects the people from bad legislation.
SECTION I.8.
GENERAL ENUMERATED POWERS
Summary
(These general powers are for all governments)
The legislature of any governmental domain has power to lay and collect taxes to pay the debts and provide for its general welfare. It has power to borrow money; establish and maintain roads among its several States; establish courts inferior to its Supreme Court; establish and regulate a security force; call up the Militia to enforce the laws, suppress insurrections and repel invasion; and, to make all laws necessary and proper for putting into effect these powers.
Click on the Button to View
I.8.1. Collect Taxes
The Congress shall have power to lay and collect taxes and invoices. to pay the debts and provide for the common [security] and general welfare of the [Nation]; but all excises shall be uniform throughout the [Nation]. (U.S.C. I.8.1.)
- The Government has authority to collect taxes, but ONLY for the listed purposes. Its propensity to spend must be limited by the Constitution.
- Without the ability to collect taxes, the government would perish.
- Taxing States directly might lead to conflict and difficulty collecting them.
- Using the military to collect taxes would be despotic.
- Paying the government’s debts is the first obligation of the legislature beyond protection during an emergency. Advantages of paying off the debt include, 1) good credit worthiness, 2) respect and confidence of other governments and its own citizens, 3) less need for revenue, allowing the citizens to keep more of their money; 4) improved security because money and resources are freed up for emergencies; and, 5) reducing or eliminating the need for deficit spending with its attendant evils.
- Taxes may be used for the general welfare only. The Government has no authority to pay for the welfare of select groups of persons to the exclusion of others. Doing so would be illegal and, if the money for such purposes were borrowed to be paid back by others, immoral.
- Uniform tax rates prevent discriminatory taxation and discourage tax manipulation for social engineering.
- Keeping tax rates low lessens the temptation to operate an underground economy, conduct illegal businesses, and engage in smuggling.
- Low tax rates expand the tax base. Fewer persons and businesses would dodge paying them.
I.8.2. Borrow Money
To borrow money on the credit of the [Nation]. (U.S.C. I.8.2.)
- Borrowing money for the Nation should be done only for dire emergencies and must be paid off promptly and completely when the emergency is past.
- Debt leads to enslavement and must be avoided if possible.
- Passing along one generation’s debts to another is immoral.
- Public debt leads to debt service and oppressive taxation.
- The people rarely benefit from public debt.
I.8.3. Regulate Commerce
To regulate commerce among the several States. (U.S.C. I.8.3.)
- This clause creates a common market among the States and empowers the Nation to regulate trade among them.
- It preempts the States from favoring one neighbor over another.
- However, it does not give the Legislature authority to regulate incidental or indirect activities such as broadcasting, farming, manufacturing, mining, production, sales, employment practices or any other intra-State activities, unless they have a substantial effect beyond the boundaries of the State.
- This clause gives the Nation NO authority to regulate a State’s internal activities without its revocable consent. Such activities include commerce conducted solely within the Sub-domain, business practices, policing, food production, education, health, welfare and purchase and use of private property.
I.8.4. Establish Inter-State Roads
[To establish roads among the several States, but no preference shall be given to one State over another.] (From U.S.C. I.8.6)
- Planning, constructing and maintaining roads among the several States is best accomplished by the Nation rather than peace-meal by the States.
- Proper laws and oversight are needed to prevent problems like pollution and noise, unprincipled legislators and executives who, after finding out where a road will go, buy up land at a low price and sell it to the Nation for profit, or put burdensome requirements upon States before they can qualify for funding to have the roads built.
I.8.5. Establish Courts
To constitute tribunals inferior to the Supreme Court. (U.S.C. I.8.9.)
- This clause creates a court system to hear and decide all cases within the Nation’s jurisdiction.
- If the Nation is large there should be inferior courts in every State and convenient to the people.
I.8.6. Raise and support a Security Force
To raise and support a [security force or forces], but no appropriation of money to that use shall be for a longer term than two years. (Compare with U.S.C. 1.8.12.)
- The Legislature is directed to make provisions for a police force, a constabulary, or guard to enforce the laws, keep the peace, and apprehend criminals.
- A security force should be used only for protection and never to support aggression or arbitrary police action. However, it should be strong and equipped well enough to do the work assigned to it.
- There is nothing in this provision preventing small governments from contracting with a larger for this protection.
1.8.7. Rules for the Security Forces
To make rules for the government and regulation of the [security forces]. (Compare with U.S.C. 1.8.14.)
- The Congress is to write rules and regulations under which the security forces operate, making certain they operate under civilian control.
- However, it gives the Nation NO authority to regulate a State’s security forces, including the Militia, unless called into active service by the Legislature for one of the objects listed below (Section I.8.8).
1.8.8. Provide for Calling Up the Militia
To provide for calling forth the Militia to execute the laws of the [Nation], suppress insurrections, and repel invasions. (Compare with U.S.C. 1.8.14.)
- The Civilian Military Corps, as defined herein, consists of all men of sound body and mind, ages 18 to 55 inclusive, and women voluntarily.
- Civil officers, such as police, handle routine matters such as arresting law breakers and keeping the peace. The Civilian Military Corps would be called upon for more general and serious threats.
1.8.9. Regulating and Training the Militia
To provide for governing such part of the Militia as may be employed in the service of the [Nation], reserving to the States respectively, the appointment of officers, and the authority of training the Militia according to the discipline proscribed by the Congress. (Compare with U.S.C. 1.8.16.)
- While the Nation may call forth the Militia and appoint officers to lead the units collectively, States appoint officers and maintain training authority over their own units.
- Maintaining the entire Corps in a state of readiness would be impractical and expensive. Although all would receive initial training and participate in weekly or monthly drills and summer exercises for a few years, not all would continue in a state of active readiness.
1.8.10. Legislation Over Government Property
To exercise exclusive legislation in all cases whatsoever over all places purchased by the consent of the State in the which the same shall be for the erection of needful buildings. (From U.S.C. 1.8.17.)
- The Congress makes rules for overseeing its own property.
1.8.11. Necessary and Proper Laws
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers vested by this Constitution in the government of the [Nation] or in any department or officer thereof. (U.S.C. I.8.18.)
- This clause directs the Congress to make all laws needed to carry out the provisions of the Constitution.
- However, it confers no powers upon the Nation beyond those enumerated; it merely authorizes passing laws necessary to implement them.
SECTION I.9.
RESTRAINTS ON GOVERNMENT
Summary
These restraints should apply to all governments.
Some are part of what we commonly
Call, The Bill of Rights
Restraints on government are added to the Constitution to protect the people’s natural rights in some areas where often violated. Three of these restraints were written into the text proper of the original Constitution for the United States. They are: The privilege of the writ of habeas corpus shall not be suspended; No bill of attainder or ex post facto law shall be passed; and, No capitation or other direct tax shall be laid, unless in proportion to the census.
Others were added as amendments. Although the Founders of the United States generally believed the government would limit itself to the enumerated powers, some were skeptical and demanded safeguards before they would accept the new Constitution. With the promise that a Bill of Rights would be added, they did agree to ratify it. These additional restraints, drawn largely from the Virginia Declaration of Rights, became the first Ten Amendments. They are included here (some abbreviated or modified):
1. The Legislature shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances;
2. The right of the people to keep and bear arms shall not be infringed;
3. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law;
4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause;
No person shall be held to answer for a capital or other infamous crime unless indicted by a grand jury, nor for the same offense to be twice put in jeopardy of life or limb, nor shall he be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law, nor have private property taken for public use without just compensation;
6. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witness in his favor, and to have the assistance of counsel for his defense;
7. In suits at common law when a controversy shall exceed the lesser of the value of 2 ounces of gold or two thousand, year-2000 dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the Domain, than according to the rules of the common law;
8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;
9. The enumeration in the Constitution of certain rights shall not limit others retained by the people; and,
10. The powers not delegated to the Nation by the Constitution, nor denied to the States, are reserved to the States or to the people.
Other amendments were later added. Some, combined and revised for the present work, are:
11. The right of citizens, who are eighteen years of age or older to vote, shall not be denied or abridged because of race, color, previous condition of servitude, sex, age, or failure to pay a poll or other tax;
12. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist; and,
13. All persons born to citizens of the Nation, legally registered aliens or naturalized persons, are citizens of the Nation and of the State wherein they reside.
Rights reserved to the People or States Include but are not limited to:
CLICK ON THE BUTTON TO VIEW
1.9.1. Writ of Habeas Corpus Not Suspended
The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require it. (U.S.C. 1.9.2.)
- This clause protects a citizen’s right to be brought before the court for a proper hearing and prevents the government from imprisoning him or her without cause.
- Only the Congress may suspend the writ of habeas corpus while they are in session. The court may suspend it temporarily when the Congress is not in session. The Executive cannot suspend it.
- The writ of habeas corpus can only be suspended for crimes against the Natioin. It cannot be suspended for crimes under the authority of a State, which can only be done by the State’s Legislature.
1.9.2. No Bill of Attainder or ex post facto Law
No Bill of Attainder or ex post facto law shall be passed. (U.S.C. 1.9.3.)
- A bill of attainderis an act declaring a person or group guilty of a crime and proscribing a punishment without the benefit of a trial.
- Under this Constitution, no person can be declared a criminal, fined or otherwise punished without a trial and conviction.
- An ex post facto lawis a law passed after the deed (or fact). This clause protects a person from being punished for an act before a law was passed making it illegal.
1.9.3. No Direct Tax except in Proportion to the Census
No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. (U.S.C. 1.9.4.)
- A capitation (head tax or set amount per person) or other direct tax should be used only in dire emergencies and then only in proportion to the population of each Sub-domain.
- Failure to pay this tax does not disqualify a person from voting.
- A tax assessed on a person’s income is disallowed by this clause. Such a tax is not assessed according to population and violates a person’s right to be secure in his or her papers and effects.
- Taxes may be used for the general welfare only. The Government has no authority to pay for the welfare of select groups of persons to the exclusion of others. Doing so would be illegal and, if the money for such purposes were borrowed to be paid back by others, immoral.
- Uniform tax rates prevent discriminatory taxation and discourage tax manipulation for social engineering.
- Keeping tax rates low lessens the temptation to operate an underground economy, conduct illegal businesses, and engage in smuggling.
- Low tax rates expand the tax base. Fewer persons and businesses would dodge paying them.
I.9.4. No Money Drawn From the Treasury but by Law
No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. (U.S.C. 1.9.7)
- Any money spent must be legally authorized. Each appropriations bill must be passed by both Legislative Houses and signed by the President (or passed by a two-thirds vote over his or her veto).
1.9.5. Freedom of Expression, to Assemble and to Petition the Government
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (U.S.C. Amend 1)
- This clause prevents the government from interfering with the people’s choice to join whatever religious organization they like. The government cannot favor one denomination over another. Nor can it interfere with a person’s belief and practice of it, including mode of worship, prayer, or teaching of moral and religious principles.
- Religion and morality are needed for good government. Basic religious and moral principles, and tolerance, should be taught in the schools, but not those of one religion or denomination above another.
- Freedom of religion does not mean people can teach hate, violence, terrorism, or sedition against a republic established under authority of this Constitution.
- The government cannot debar freedom of speech or freedom of the press. However, these two freedoms should not be used to incite unrest, commit libel, encourage violence, or further the cause of enemies.
- Freedom of speech does not extend to dangerous or generally indecent writing. However, it does protect the free expression of ideas, even though some people may find them offensive.
- Reasonable regulations and controls may be needed for other public media, including radio, television, and the internet. But freedom to express one’s opinion must never be hindered or censored.
1.9.6. Right to Bear Arms Held Inviolate
A well-regulated Militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. (U.S.C. Amend. 2)
- The Militia means all able-bodied men of sound mind, aged 18 to 55 years of age inclusive (17-45 years of age in the Constitution for the United States) who are not members of the regular armed forces. In modern times, Militia have erroneously been defined as the Organized Militia, such as the National Guard, which attend regular meetings and drills, and the Unorganized Militia or standby reserves.
- Unlike the militia named in the Constitution for the United States, the National Guard and Naval Militia are nationalized forces, subject to call and control of the President of the United States. They may be called to fight in foreign wars, conduct aggressive campaigns and even fight against their own countrymen if ordered by an evil and designing executive.
- Militia does not mean a private paramilitary force or an unauthorized group of people who arm themselves and conduct quasi-military training. It is a well-organized militia under control of the civil authority.
- Citizens under this Constitution are not subjects. They must be trusted by the government they have created and in which they have invested limited power. The right of the people to bear arms is protected by this clause.
- Protecting the people’s right to bear arms, is not meant to promote gun clubs and hunting. Its intent is to have every able-bodied citizen trained and ready to fight effectively to defend himself, his family, his town and his country.
1.9.7. No Quartering of Soldiers but in a Legal Manner
No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. (U.S.C., Amend. 3)
- This clause protects families from being forced to house and feed soldiers and other military personnel, except during wartime, and then only as prescribed by law.
1.9.8. No Warrants without Cause
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. (U.S.C., Amend. 4)
- People have a right to privacy in their homes and places of business, including their papers and other personal items. This clause protects them from unwarranted searches and seizures.
- NO government agency, including a revenue collection agency, safety and health administration, or other bureau has rightful access to the communications and effects of any person, business or State without their consent, unless based upon probable cause accompanied by a legal writ for the search and supported by an oath or affirmation made by the person seeking permission.
- Some situations are not unreasonable, such as for the police to check a car or house at the time of an arrest and pick up property that may be considered evidence. or to conduct reasonable inspections of restaurants that prepare potentially hazardous food.
- The right of privacy is not a license to kill, including euthanasia, infanticide and aborting a fetus. Nor should it be used to justify child or spousal abuse.
1.9.9. Rights of Persons Accused of a Crime / Due Process Required
No person shall be held to answer for a capital or other infamous crime, unless on the presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. (U.S.C., Amend. 5)
- This provision protects each person from any further prosecution once he or she has been processed through the trial procedure.
- It prevents the taking of property for public use without just cause and compensation.
- It does not authorize the taking of private property for private use, such as for a business of for addition tax revenue, without the property owner’s consent.
- Just compensation for the taking of property for public use must cover loss of the property’s functionality.
1.9.10. Right of Trial by Jury in Criminal Prosecutions
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the States and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him [or her]; to have a compulsory process for obtaining witnesses in his [or her] favor, and to have the assistance of counsel for defense. (U.S.C., Amend. 6)
- This provision protects an accused person’s right 1) to a speedy, public trial, 2) to be tried by an impartial jury in the district where the crime is committed, 3) to have an explanation of the crime of which he or she is accused, 4) to be confronted by accusers, and 5) to have an attorney for defense, whether or not he or she can afford one, to defend his or her reputation and prevent injustice.
- Both law and procedures should be clear and simple to avoid confusion. There must be 1) a law plainly defining the crime and stating the court having jurisdiction, 2) a requirement that the accused person be brought before the court, 3) authority to cause all pertinent available evidence to be produced, and 4) a plain, brief mode of procedure.
1.9.11. Right of Trial by Jury for Large Common Lawsuits
In suits at common law, where the value in controversy shall exceed [the lesser of the value of 2 ounces of gold or two thousand year-2000 dollars], the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the [Domain], than according to the rules of the common law. (U.S.C. Amend. 7)
- While administrative law has simplified procedures and saved expense, and is especially suited for small infractions, an accused person may request a jury trial when the value of the controversy is large.
- No judge or appellate court may set aside the jury’s findings and alter the decision, except to order a rehearing if the court made an error in the law.
- Originally the value in controversy permitting a jury trial was twenty dollar; however, due to the deflated dollar’s value, this amount is modified to maintain a constant “real” value.
1.9.12. No Excessive Bail, Cruel or Unusual Punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (U.S.C. Amend. 8)
- Excessive bail means bail so high that the accused cannot pay.
- However, if the crime is serious or the accused might harm others if released, setting a high or no bail may be appropriate.
- Punishments should fit the crime and not be excessive.
- Cruel and unusual punishment is forbidden.
1.9.13. Right to Vote Enjoined
The right of citizens of the [Nation], who are eighteen years of age or older, to vote shall not denied or abridged by the [Nation because] of race, color, previous condition of servitude, sex, age, or failure to pay a poll or other tax. (U.S.C. Amendments 15, 19, 26, 24)
- Every citizen of the Domain, eighteen years of age or older and not prevented by court action for mental disability or committing a crime, has the right to vote.
1.9.14. Slavery & Involuntary Servitude Prohibited
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the [Domain] or any place subject to its jurisdiction. (U.S.C. Amend. 13)
- No one within the jurisdiction of the Domain may be held in bondage against his or her will, unless duly convicted of a crime.
- involuntary servitude must include unwillingly working to pay taxes for another person’s health, education or welfare, to support the excesses of a bloated bureaucracy; and, to pay large sums of money to government-favored businesses and corporations.
1.9.15. Citizenship Defined
All persons born [to citizens] or naturalized in the [Nation], and subject to the jurisdiction thereof, are citizens of the [Nation] and of the [State] wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the [Nation], nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (U.S.C. Amend. 14)
- This provision declares that every person born to citizens, or who are naturalized in the Nation, has the right of citizenship in both the Nation and the State where he or she resides.
- Children born to persons illegally in the Nation are not citizens. This does not prevent foreigners from coming to the Nation, but they must obey the law and follow required procedures.
1.9.16. Unassigned Rights Belong to the People
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. (U.S.C. Amend. 9)
- This provision was originally believed unnecessary by the Founders of the United States; they believed that articles of the Constitution were clear enough. However, it was later added as a safeguard against governmental enlargement beyond its enumerated powers.
- The Nation must not, for whatever good intention, extend its authority into areas not enumerated in the Constitution. All rights unassigned by it remain with the States or with the people. These include the right to set up and manage their own religious, health, education and welfare programs.
1.9.17. Undelegated Powers Retained by the People
The powers not delegated to the [Nation] by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (U.S.C. Amend. 10)
- In addition to rights, all powers not specifically delegated to the Domain by this Constitution, nor prohibited to the Sub-domains, are retained by the Sub-domains or the people.
SECTION I.10.
STATE EQUALITY AND SOVEREIGNTY
Summary
This section includes provisions protecting States from an overreaching National government, and so that they are equally advantaged. Specific provisions include: (1) No tax or duty can be placed on articles exported from any State; (2) No preference shall be given to the ports of one State over those of another; nor shall carriers bound to or from one State be obliged to enter, clear, or pay duties in another; (3) No laws shall be made by the Nation abolishing or interfering with domestic institutions within any State except as allowed by this Constitution; and no new programs shall be established or tax placed on the States or its citizens in support of it without their consent; and (4) Powers neither delegated to the Nation by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people.
I.10.1. No Tax on Exports
No tax or duty shall be laid on articles exported from any State. (U.S.C. I.9.5)
- This clause allows States to sell their products abroad without an added tax that would hurt local manufacturers’ ability to compete favorably with foreign concerns.
- Taxing imports could also breed competition and jealousies among States.
I.10.2. No Bias Regulating Commerce
No preference shall be given by any regulation of commerce or revenue to the ports of one [Sub-domain] over those of another, nor shall [carriers] bound to or from one [Sub-domain] be obliged to enter, clear, or pay duties in another. (U.S.C. I.9.6)
- Every carrier can go from port to port within the Nation without having to pay tribute or gain clearance from an intervening port.
- Rules for regulating commerce must be fairly administered.
- Taxes may be used for the general welfare only. The Government has no authority to pay for the welfare of select groups of persons to the exclusion of others. Doing so would be illegal and, if the money for such purposes were borrowed to be paid back by others, immoral.
- Uniform tax rates prevent discriminatory taxation and discourage tax manipulation for social engineering.
- Keeping tax rates low lessens the temptation to operate an underground economy, conduct illegal businesses, and engage in smuggling.
- Low tax rates expand the tax base. Fewer persons and businesses would dodge paying them.
I.10.3. Sub-domain sovereignty protected
[Congress shall make no law to abolish or interfere with the domestic institutions of any State, except as allowed by this Constitution; and shall impose no new institution or program, or tax or charge a State or its citizens in any way in support of it, without the revocable consent of the State’s Legislature.]
- The first part of this clause is modified from a Thirteenth Amendment approved by Congress, March 2, 1861 and signed into law by President Lincoln, but not ratified by the states on the eve of the Civil War.
- This provision is designed to secure the independence of each State by preventing intrusion by the Nation into its own affairs and lives of its citizens.
- In a free society, the sole purpose of government is to protect and secure rights. It does not run programs or tax its citizens for them. Those who want social services can confer privately and set them up.
- In a totally free society the last part of this clause would be unnecessary. However, because most governments have, sooner or later, taxed their citizens to run programs, it is added. Consent must be revocable to protect States and their citizens from paternalistic encroachment by the Nation, excessive administrative costs, choking regulations, corruption, or for any other reason.
I.10.4. Undelegated Powers Retained
The powers not delegated to the [Nation] by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (U.S.C. Amend. 10)
- This clause is identical to Clause I.9.17. It is repeated here for emphasis and because it prohibits the Nation from usurping powers of its States as well as the liberty of the people.
SECTION I.11.
Powers denied the states
Summary
Some restrictions are placed on the States to ensure uniformity, lessen confusion, and lessen conflicts and embarrassing situations with foreign powers. States are prevented from making treaties, alliances or confederations, coining money, issuing bonds or bills of credit and making anything other than precious metal coins of defined weight and purity a tender in payment of debts. They may not pass any bill of attainder, ex post facto law, law impairing the obligation of contracts, or grant titles of nobility. They may not lay taxes or duties on imports or exports except under certain conditions or as directed by Congress. Revenues from fees more than port expenses must be forwarded to Congress. They may not, without the consent of the Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or foreign power, or engage in war unless invaded or in imminent danger. But they must protect the equal rights of all citizens within their jurisdiction and afford them equal protection of the laws.
I.11.1. No Foreign Agreements or Coining of Money. Only Metal Coins in Payment of Debt
No State shall enter into any treaty, alliance, or federation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts.
- These powers, which are denied the States, are the exclusive purview of the National government. Were States to use another medium of exchange, it would cause confusion and promote discord.
- Precious metals have intrinsic value. Paper or electronic money only represents value. If paper and other fiat money are not fully backed by commodities of real value, fraud is encouraged, credit and honor are compromised and citizens who have saved money for security or old age are bilked.
- Paper and other fiat money encourages speculation and corrupts the morals of the people.
- No citizen may be indicted or convicted of a crime without a fair jury trial. Neither can a citizen be penalized for a crime that was not illegal at the time an act was committed.
- No State may pass a law abridging contractual agreements between individuals or between an individual and the State. No law may be passed that would declare a contractual obligation null and void except for, on a case by case basis, those signed under stress or duress.
I.11.2. No Taxing of Imports without Consent
No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts laid by any State on imports and exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. (U.S.C. I.10.2.)
- The United States government can intervene to prevent a State from profiteering or inflicting hardships upon its neighbors with less favorable ports.
- The Congress may supervise and control State imposts or duties to prevent interference with foreign and inra-State commerce. It can also set uniform rates.
- Money collected more than needed for incidental expenses and inspection costs, must be paid to the national treasury.
I.11.3. Other Restraints
No State shall, without the consent of the Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless invaded or in such imminent danger as will not admit of delay. (U.S.C. I.10.3.)
- A tax on a carrier’s tonnage or capacity is for covering the costs of maintaining a port. All ports should be fairly treated, but the Legislature can allow a different rate for special situations such as the joint use of a port for a military or naval base.
- The National Legislature decides what armed forces, except for the Militia, are kept during peace time.
- States may not carry out armed aggression against a foreign power or their neighbors. Nor must they enter into an alliance, confederation, or agreement with a foreign government. Doing so could spark a major crisis.
- This clause is designed to prevent open aggression by a State without approval from the national government, while permitting a vigorous defense if invaded.
I.11.4. Equal Projection of The Laws Required
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the [Domain]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (From U.S.C. Amend. 14)
- Every person within the Domain is guaranteed equal protection of life, liberty and property. But States are not required to give non-citizens the same access to services as citizens. Citizenship does and ought to have its privileges.
- Although the United States has authority to protect the rights of its citizens, it has no authority to intervene in the internal affairs of a State except to settle the appeals of people who have been deprived of life, liberty or property without due process of law, or who have been denied equal protection of the laws.
SECTION I.12.
Additional National Powers
Summary
The Legislature of a Nation has the following additional powers:
1) Collect taxes on imported goods and services;
2) regulate commerce with foreign nations;
3) establish rules of immigration and naturalization;
4) make laws regarding bankruptcies and corporations;
5) coin money and regulate its value, including foreign money, and establish standards of weights and measures;
6) punish counterfeiting;
7) establish and regulate post offices;
8) promote science and useful arts by establishing patent and copyright laws to protect inventors and authors for a limited time;
9) define and punish piracies and felonies committed on the high seas and in space, and offenses against International law;
10) declare war;
11) raise and support an army and marine corps;
12) raise and support a navy, air and space force;
13) make rules for their governance and regulation;
14) provide for organizing, arming, and disciplining the Civilian Military Corps, and for governing such as may be called into the service of the Nation; and,
15) make laws to govern such district as may become the seat of the government.
National Government is used in place of United States Government; State or Province is used in place of State government. These are generic terms, adaptable to all National governments.
Click on the Button to View
I.12.1. Taxes on ImportsI
The Congress shall have power to lay and collect [duties and imposts on imported goods and services; but all duties and imposts shall be uniform throughout the Nation]. (From U.S.C. I.8.1.)
- Only a national government has authority to collect taxes on imported goods and services.
- Taxes on imports should be reasonable. Excessive taxes encourage smuggling and retaliatory tariffs.
- Excessive import duties protect inefficient local industries and raise the cost of goods. Retaliatory tariffs would stifle exports. Manufacturing and business activity would be depressed and jobs, lost.
- Low tax rates expand the tax base. Fewer persons and businesses would dodge paying them.
- Reasonable tariffs, fairly negotiated with foreign nations, have advantages: 1) They require inspection of foreign goods to prevent the import of unauthorized products and services and, 2) provide a source of revenue for the government.
I.12.2. Commerce with Foreign Nations
To regulate commerce with foreign nations (and with the Indian tribes. (U.S.C. I.8.3.)
- The National Legislature is directed to regulate commerce with other nations. This is a plenary power, not allowed to the Sub-domains.
- The National government may determine which articles are imported and the tariff or duty charged for importing them. It may prevent the importation of harmful substances, adulterated food, lottery tickets, certain drugs and diseased plants and animals.
- It may regulate communications received from foreign lands to prevent espionage, detect treason, and ban dangerous, lewd, obscene and otherwise degrading material.
- It has authority to regulate services received from foreign nations. However, in doing this, care must be taken not to protect inefficient domestic businesses.
I.12.3. Naturalization and Immigration
To establish uniform rules of naturalization (U.S.C. 1.8.4.) [and immigration, except that the right of a person to become a naturalized citizen of the Nation shall not be denied or abridged because of Race, sex or marital status.] (8 U.S. Code 1422)
- The Legislature has power to decide who, how many and under what circumstances immigrants may enter the Domain and become its citizens.
- No one is refused citizenship solely because of race, sex or marital status.
- Requirements to become a citizen should include:
(i) knowledge and understanding of the language;
(ii) knowledge and understanding of the fundamentals of the history, and of the principles and form of government of the Nation;
(iii) willingness to work and contribute to society; and,
(iv) taking of an oath of allegiance.
- A free society should be generous in allowing others from repressive regimes to enter and become its citizens; however, all should enter through proper channels, be properly screened and learn the language, laws and customs of the Nation. It is a travesty of justice, fairness and moral decency to allow some to avail themselves of resources and freedoms created by others, while those who enter through proper channels must abide the necessary conditions and wait the required time.
I.12.4. Bankruptcies and Corporations:
To establish uniform laws on the subject of bankruptcies throughout the [Nation] (U.S.C. 1.8.4.) [and for the regulation of corporations among the several States.]
- This is an extension of the commerce clause.
- Without national laws regarding bankruptcies there would be different laws among the several States. Fraud, including removal of property from one State to another for better profit, would result.
- Uniform laws for regulating corporations conducting business beyond the borders of a State, provides an element of protection against fraud, usurpation of investment moneys for spurious or clandestine purposes, confusing nesting schemes, improper disclosures, and competition among States.
I.12.5. Coin and Regulate the Value of Money / Fix Standards
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. (U.S.C. 1.8.5.)
- A uniform monetary system eliminates confusion and inefficiencies, and reduces fraud
- Bills of credit cannot be issued by the government.
- On the other hand, paper or electronic money, compared with bulky coins, when redeemable in precious metals so as to be trustworthy, is convenient and helpful in transacting business.
- Whatever monetary system is employed, must not be altered for whatever justifiable purpose, nor must more paper or electronic money be “printed” than redeemable in precious metals or other commodities. The value of money must be stable across generations.
- Due to various schemes, mostly grand theft by the government via the Federal Reserve system, the value of the dollar has declined from 1/20th ounce of gold in 1928, to less than 1/2600th ounce in 2024. A Baby Ruth candy bar costing five cents in 1950, today costs $1.25.
- Requiring the Legislature to fix the standard of weights and measures provides stability and confidence in them for manufacturers, merchants and the people generally.
I.12.6. Punish Counterfeiting:
To provide for the punishment of counterfeiting the securitiesand current coin of the [Nation.] (U.S.C. 1.8.6.)
- Counterfeiting of securities or coins is a crime under jurisdiction of a national government.
- This rule should apply to anyone in the legislature or executive branch who authorizes the printing of money beyond its intrinsic or fixed value.
1.12.7. Establish Post Offices:
To establish post offices. (U.S.C. 1.8.7.)
- This clause directs the Legislature of the Nation to establish and regulate post offices
1.12.8. Promote Progress
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. (U.S.C. 1.8.8.)
- This clause protects writers and inventors from others who would steal their works and ideas for their own use without permission.
- Protection of original works should be for a limited time, long enough to benefit the author or inventor, but not so long as to deprive society indefinitely of their benefits.
- Patents ought to be strong enough that no competitor can break them by proposing an invention changed just slightly to make it appear different. And they should be strong enough that the inventor need not resort to secrecy in developing a product and bringing it to market for fear of it being stolen by another.
- This does not authorize the government to spend public money to colleges, farmers and corporations for “promoting science and the useful arts.”
1.12.9. International Crime:
To define and punish piracies and felonies committed on the high seas [and in space], and offenses against [international law]. (From U.S.C. 1.8.10.)
- The Legislature of a Nation is tasked to define and punish crimes committed by its citizens and entities outside the jurisdiction of any State.
- It is also charged with deciding how international law is applied when it involves the Nation or its citizens
1.12.10. War Powers:
To declare war, and grant letters of marque and reprisal [for defensive action]. (U.S.C. 1.8.11.)
- The Legislature has the right and responsibility of declaring war. The Executive has NO authority to do so.
- Thomas Jefferson: The power of declaring war being with the Legislature, the executive should do nothing necessarily committing them to decide for war.
- In years when there was a formal declaration of war, victory was generally won. In conflicts where there was no formal declaration of war by the Legislature, armed forces were stalemated with the loss of many lives and much treasure.
- Permission to grant letters of marque and reprisal was rescinded in 1856 because it was no longer permitted by international law. However, it should yet be allowed for a nation with limited resources to use this option for defense against an evil aggressor.
1.12.11. Necessary and Proper Laws:
To raise and support armies, [marine corps, and space corps], but no appropriation t that use shall be for a longer term than two years. (from U.S.C. 1.8.12.)
- The Congress is directed to raise money to support armed forces.
- The money used for this purpose is public money and should only be used for defense. It must not be used to support aggression, nation building in foreign lands, or to drum up business for defense contractors and manufacturers.
- The army should be relatively small during peace time.
- However, it must be sufficiently strong and well equipped to deter aggression and protect national interests.
- Civilian military alone are inadequate defense against a disciplined regular army.
- A two-year limit on military spending curbs any tendency an ambitious executive may have to exceed his or her authority and conduct an illegal campaign or suppress the people.
I.12.12. Navy, Air and Space Forces
To provide and maintain naval, air, and space forces (from U.S.C. 1.8.13.)
- There is no time limit on appropriations for naval, air and spaceships. Large ships require regular maintenance to keep them operational and upgrades to prevent obsolescence
- Conversely, the Founders feared that a standing army could be used against the people; hence the two-year appropriations for it. The two-year limit should also apply to the marines and national guard, which could be called into service for an executive’s illegal action against his or her own people.
I.12.13. Military Regulations
To make rules and regulations for the government and regulation of the land, naval, [air and space] forces. (from U.S.C. 1.8.14.)
- Congress directed to make rules to govern and regulate all of its armed forces, including the Civilian Military Corps when called into service. All military operations, including training, are under civilian authority.
I.12.14. Organizing and Arming the Militia
To provide for organizing, arming and disciplining, the Militia. (From U.S.C. 1.8.16.)
- The Congress is directed to make provisions for organizing, arming and training the Militia, although the States have concurrent responsibility.
- Uniformity of rules, arms, protocol, tactics and techniques is needed for an effective fighting force to arrest any crisis, such as an insurrection or invasion by a disciplined, well-equipped enemy.
I.12.15. Seat of Government:
To exercise exclusive legislation in all cases whatsoever, over such district, not exceeding [size to be determined] as may, by cession of particular [Sub-domains], and the acceptance of the [legislature], become the seat of the government of the [Nation], and to exercise like authority over all places purchased by the consent of the legislature of the [Sub-domain] in which the same shall be for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. (from U.S.C. 1.8.17.)
- This clause is an extension of Section I.8.10. It includes the purchase and legislative oversight of a district for the seat of the National government, and for the erection and management of forts, magazines, arsenals, dockyards, and so forth.
- Lands and facilities within the boundaries of a State must be purchased with the consent of its legislature.