THE "CONSTITUTION FOR THE NEW STATES OF AMERICA" UNMASKED
The following document is an exact copy of the original as produced by
Liberty Lobby. Virtually all of the document paints a grim and hellish
picture indeed. However, there are a couple of sections that are so
abysmal and so disrespectful of people's God given rights that they are
in a class of their own, even within the context of this horrible
document. Those sections are in bold, are italicized, and are in red type.
*
Liberty Lobby
(202) 546-5611
300 Independence Ave., S.E.
Washington, DC 20003
This file contains 3 documents:
1: A Proposed Constitutional Model for the Newstates of
America. This is to replace the U.S. Constitution.
2. The Proposed Constitution for the 'Newstates of
America', An analysis by E. Stanley Rittenhouse
3. A Review of the Proposed Constitutional Model for the
Newstates of America, by Col. Curtis B. Dall
*
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================== Document Number One ==================
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A PROPOSED CONSTITUTIONAL MODEL FOR THE NEWSTATES OF AMERICA
*PREAMBLE*
So that we may join in common endeavors, welcome the future in good
order, and create an adequate and self-repairing government - we, the
people, do establish the Newstates of America, herein provided to be
ours, and do ordain this Constitution whose supreme law it shall be
until the time prescribed for shall have run.
*ARTICLE I
Rights and Responsibilities
A. Rights
SECTION 1
*
Freedom of expression, of communication, of movement, of assembly, or of
petition shall not be abridged except in declared emergency.
*SECTION 2*
Access to information possessed by governmental agencies shall not be
denied except in interest of national security; but communications among
officials necessary to decision making shall be privileged.
*SECTION 3*
Public communicators may decline to reveal sources of information, but
shall be responsible for hurtful disclosures.
*SECTION 4*
The privacy of individuals shall be respected; searches and seizures
shall be made only on judicial warrant; persons shall be pursued or
questioned only for the prevention of crime or the apprehension of
suspected criminals, and only according to rules established under law.
*SECTION 5*
There shall be no discrimination because of race, creed, color, origin,
or sex. The Court of Rights and Responsibilities may determine whether
selection for various occupations has been discriminatory.
*SECTION 6*
All persons shall have equal protection of the laws, and in all
electoral procedures the vote of every eligible citizen shall count
equally with others.
*SECTION 7*
It shall be public policy to promote discussion of public issues and to
encourage peaceful public gatherings for this purpose. Permission to
hold such gatherings shall not be denied, nor shall they be interrupted,
except in declared emergency or on a showing of imminent danger to
public order and on judicial warrant.
*SECTION 8*
The practice of religion shall be privileged; but no religion shall be
imposed by some on others, and none shall have public support.
*SECTION 9*
Any citizen may purchase, sell, lease, hold, convey and inherit real and
personal property, and shall benefit equally from all laws for security
in such transactions.
*SECTION 10*
Those who cannot contribute to productivity shall be entitled to a share
of the national product; but distribution shall be fair and the total
may not exceed the amount for this purpose held in the National Sharing
Fund.
*SECTION 11*
Education shall be provided at public expense for those who meet
appropriate tests of eligibility.
*SECTION 12*
No person shall be deprived of life, liberty, or property without due
process of law. No property shall be taken without compensation.
*SECTION 13*
Legislatures shall define crimes and conditions requiring restraint, but
confinement shall not be for punishment; and when possible, there shall
be preparation for return to freedom.
*SECTION 14*
No person shall be placed twice in jeopardy for the same offense.
*SECTION 15*
Writs of habeas corpus shall not be suspended except in declared emergency.
*SECTION 16*
Accused persons shall be informed of charges against them, shall have a
speedy trial, shall have reasonable bail, shall be allowed to confront
witnesses or to call others, and shall not be compelled to testify
against themselves; at the time of arrest they shall be informed of
their right to be silent and to have counsel, provided, if necessary, at
public expense; and courts shall consider the contention that
prosecution may be under an invalid or unjust statute.
*B. Responsibilities*
*SECTION 1*
Each freedom of the citizen shall prescribe a corresponding
responsibility not to diminish that of others: of speech, communication,
assembly, and petition, to grant the same freedom to others; of
religion, to respect that of others; of privacy, not to invade that of
others; of the holding and disposal of property, the obligation to
extend the same privilege to others.
*SECTION 2*
Individuals and enterprises holding themselves out to serve the public
shall serve all equally and without intention to misrepresent,
conforming to such standards as may improve health and welfare.
*SECTION 3*
Protection of the law shall be repaid by assistance in its enforcement;
this shall include respect for the procedures of justice, apprehension
of lawbreakers, and testimony at trial.
*SECTION 4*
Each citizen shall participate in the processes of democracy, assisting
in the selection of officials and in the monitoring of their conduct in
office.
*SECTION 5*
Each shall render such services to the nation as may be uniformly
required by law, objection by reason of conscience being adjudicated as
hereinafter provided; and none shall expect or may receive special
privileges unless they be for a public purpose defined by law.
*SECTION 6*
Each shall pay whatever share of governmental costs is consistent with
fairness to all.
*SECTION 7*
Each shall refuse awards or titles from other nations or their
representatives except as they be authorized by law.
*SECTION 8*
There shall be a responsibility to avoid violence and to keep the peace;
for this reason the bearing of arms or the possession of lethal weapons
shall be confined to the police, members of the armed forces, and those
licensed under law.
*SECTION 9*
Each shall assist in preserving the endowments of nature and enlarging
the inheritance of future generations.
*SECTION 10*
Those granted the use of public lands, the air, or waters shall have a
responsibility for using these resources so that, if irreplaceable, they
are conserved and, if replaceable, they are put back as they were.
*SECTION 11*
Retired officers of the armed forces, of the senior civil service, and
of the Senate shall regard their service as a permanent obligation and
shall not engage in enterprise seeking profit from the government.
*SECTION 12*
The devising or controlling of devices for management or technology
shall establish responsibility for resulting costs.
*SECTION 13*
All rights and responsibilities defined herein shall extend to such
associations of citizens as may be authorized by law.
*ARTICLE II
The Newstates
SECTION 1*
There shall be Newstates, each comprising no less than 5 percent of the
whole population. Existing states may continue and may have the status
of Newstates if the Boundary Commission, hereinafter provided, shall so
decide. The Commission shall be guided in its recommendations by the
probability of accommodation to the conditions for effective government.
States electing by referendum to continue if the Commission recommend
otherwise shall nevertheless accept all Newstate obligations.
*SECTION 2*
The Newstates shall have constitutions formulated and adopted by
processes hereinafter prescribed.
*SECTION 3*
They shall have Governors; legislatures, and planning administrative and
judicial systems.
*SECTION 4*
Their political procedures shall be organized and supervised by
electoral Overseers; but their elections shall not be in years of
presidential election.
*SECTION 5*
The electoral apparatus of the Newstates of America shall be available
to them, and they may be allotted funds under rules agreed to by the
national Overseer; but expenditures may not be made by or for any
candidate except they be approved by the Overseer; and requirements of
residence in a voting district shall be no longer than thirty days.
*SECTION 6*
They may charter subsidiary governments, urban or rural, and may
delegate to them powers appropriate to their responsibilities.
*SECTION 7*
They may lay, or may delegate the laying of, taxes; but these shall
conform to the restraints stated hereinafter for the Newstates of America.
*SECTION 8*
They may not tax exports, may not tax with intent to prevent imports,
and may not impose any tax forbidden by laws of the Newstates of
America; but the objects appropriate for taxation shall be clearly
designated.
*SECTION 9*
Taxes on land may be at higher rates than those on its improvements.
*SECTION 10*
They shall be responsible for the administration of public services not
reserved to the government of the Newstates of America, such activities
being concerned with those of corresponding national agencies, where
these exist, under arrangements common to all.
*SECTION 11*
The rights and responsibilities prescribed in this Constitution shall be
effective in the Newstates and shall be suspended only in emergency when
declared by Governors and not disapproved by the Senate of the Newstates
of America.
*SECTION 12*
Police powers of the Newstates shall extend to all matters not reserved
to the Newstates of America; but prompted powers shall not be impaired.
*SECTION 13*
Newstates may not enter into any treaty, alliance, confederation, or
agreement unless approved by the Boundary Commission hereinafter provided.
They may not coin money, provide for the payment of debts in any but
legal tender, or make any charge for inter-Newstate services. They may
not enact ex post facto laws or ones impairing the obligation of contracts.
*SECTION 14*
Newstates may not impose barriers to imports from other jurisdictions or
impose any hindrance to citizens' freedom of movement.
*SECTION 15*
If governments of the Newstates fail to carry out fully their
constitutional duties, their officials shall be warned and may be
required by the Senate, on the recommendation of the Watchkeeper, to
forfeit revenues from the Newstates of America.
*ARTICLE III
The Electoral Branch
SECTION 1*
To arrange for participation by the electorate in the determination of
policies and the selection of officials, there shall be an Electoral Branch.
*SECTION 2*
An Overseer of electoral procedures shall be chosen by majority of the
Senate and may be removed by a two-thirds vote. It shall be the
Overseer's duty to supervise the organization of national and district
parties, arrange for discussion among them, and provide for the
nomination and election of candidates for public office. While in office
the Overseer shall belong to no political organization; and after each
presidential election shall offer to resign.
*SECTION 3*
A national party shall be one have had at least a 5 percent affiliation
in the latest general election; but a new party shall be recognized when
valid petitions have been signed by at least 2 percent of the voters in
each of 30 percent of the districts drawn for the House of
Representatives. Recognition shall be suspended upon failure to gain 5
percent of the votes at a second election, 10 percent at a third, or 15
percent at further elections.
District parties shall be recognized when at least 2 percent of voters
shall have signed petitions of affiliation; but recognition shall be
withdrawn upon failure to attract the same percentages as are necessary
for the continuance of national parties.
*SECTION 4*
Recognition by the Overseer shall bring parties within established
regulations and entitle them to common privileges.
*SECTION 5*
The Overseer shall promulgate rules for party conduct and shall see that
fair practices are maintained, and for this purpose shall appoint
deputies in each district and shall supervise the choice, in district
and national conventions, of party administrators. Regulations and
appointments may be objected to by the Senate.
*SECTION 6*
The Overseer, with the administrator and other officials, shall:
a. Provide the means for discussion, in each party, of public
issues, and for this purpose, ensure that members have adequate
facilities for participation.
b. Arrange for discussion, in annual district meetings, of the
President's views, of the findings of the Planning Branch, and such
other information as may be pertinent for the enlightened political
discussion.
c. Arrange, on the first Saturday in each month, for enrollment,
valid for one year, of voters at convenient places.
*SECTION 7*
The Overseer shall also:
a. Assist the parties in nominating candidates for district members
of the House of Representatives each three years; and for this
purpose designate one hundred districts, each with a similar number
of eligible voters, redrawing districts after each election. In
these there shall be party conventions having no more than three
hundred delegates, so distributed that representation of voters be
approximately equal.
-- Candidates for delegate may become eligible by presenting
petitions signed by two hundred registered voters. They shall be
elected by party members on the first Tuesday in March, those having
the largest number of votes being chosen until the three hundred be
complete. Ten alternates shall also be chosen by the same process.
-- District conventions shall be held on the first Tuesday in April.
Delegates shall choose three candidates for membership in the House
of Representatives, the three having the most votes becoming
candidates.
b. Arrange for the election each three years of three members of the
House of Representatives in each district from among the candidates
chosen in party conventions, the three have the most votes to be
elected.
*SECTION 8*
The Overseer shall also:
a. Arrange for national conventions to meet nine years after
previous presidential elections, with an equal number of delegates
from each district, the whole number not to exceed one thousand.
-- Candidates for delegates shall be eligible when petitions signed
by five hundred registered voters have been filed. Those with the
most votes, together with two alternates, being those next in number
of votes, shall be chosen in each district.
b. Approve procedures in these conventions for choosing one hundred
candidates to be members-at-large of the House of Representatives,
whose terms shall be coterminous with that of the President. For
this purpose delegates shall file one choice with convention
officials. Voting on submissions shall proceed until one hundred
achieve 10 percent, but not more than three candidates may be
resident in any one district; if any district have more than three,
those with the fewest votes shall be eliminated, others being added
from the districts having less than three, until equality be
reached. Of those added, those having the most votes shall be chosen
first.
c. Arrange procedures for the consideration and approval of party
objectives by the convention.
d. Formulate rules for the nomination in these conventions of
candidates for President and Vice Presidents when the offices are to
fall vacant, candidates for nomination to be recognized when
petitions shall have been presented by one hundred or more
delegates, pledged to continue support until candidates can no
longer win or until they consent to withdraw. Presidents and
Vice-Presidents, together with Representatives-at- large, shall
submit to referendum after serving for three years, and if they are
rejected, new conventions shall be held within one month and
candidates shall be chosen as for vacant offices.
-- Candidates for President and Vice-Presidents shall be nominated
on attaining a majority.
e. Arrange for the election on the first Tuesday in June, in
appropriate years, of new candidates for President and
Vice-Presidents, and members-at-large of the House of
Representatives, all being presented to the nation's voters as a
ticket; if no ticket achieve a majority, the Overseer shall arrange
another election, on the third Tuesday in June, between the two
persons having the most votes; and if referendum so determine he
shall provide similar arrangements for the nomination and election
of candidates.
-- In this election, the one having the most votes shall prevail.
*SECTION 9*
The Overseer shall also:
a. Arrange for the convening of the national legislative houses on
the fourth Tuesday of July.
b. Arrange for inauguration of the President and Vice- Presidents on
the second Tuesday of August.
*SECTION 10*
All costs of electoral procedures shall be paid from public funds, and
there shall be no private contributions to parties or candidates; no
contributions or expenditures for meetings, conventions, or campaigns
shall be made; and no candidate for office may make any personal
expenditures unless authorized by a uniform rule of the Overseer; and
persons or groups making expenditures, directly or indirectly, in
support of prospective candidates shall report to the Overseer and shall
conform to his regulations.
*SECTION 11*
Expenses of the Electoral Branch shall be met by the addition of one
percent to the net annual taxable income returns of taxpayers, this sum
to be held by the chancellor of Financial Affairs for disposition by the
Overseer.
Funds shall be distributed to parties in proportion to the respective
number of votes cast for the President and Governors at the last
election, except that new parties, on being recognized, shall share in
proportion to their number. Party administrators shall make allocations
to legislative candidates in amounts proportional to the party vote at
the last elections.
Expenditures shall be audited by the Watchkeeper; and sums not expended
within four years shall be returned to the treasury.
It shall be a condition of every communications franchise that
reasonable facilities shall be available for allocations by the overseer.
*ARTICLE IV
The Planning Branch
SECTION 1*
There shall be a Planning Branch to formulate and administer plans and
to prepare budgets for the uses of expected income in pursuit of
policies formulated by the processes provided herein.
*SECTION 2*
There shall be a National Planning Board of fifteen members appointed by
the President; the first members shall have terms designated by the
President of one to fifteen years, thereafter one shall be appointed
each year; the President shall appoint a Chairman who shall serve for
fifteen years unless removed by him.
*SECTION 3*
The Chairman shall appoint, and shall supervise, a planning
administrator, together with such deputies as may be agreed to by the Board.
*SECTION 4*
The Chairman shall present to the Board six- and twelve-year development
plans prepared by the planning staff. They shall be revised each year
after public hearings, and finally in the year before they are to take
effect. They shall be submitted to the President on the fourth Tuesday
in July for transmission to the Senate on September 1st with his comments.
If members of the Board fail to approve the budget proposals by the
forwarding date, the Chairman shall nevertheless make submission to the
President with notations of reservation by such members. The President
shall transmit this proposal, with his comments, to the House of
Representatives on September 1.
*SECTION 5*
It shall be recognized that the six- and twelve-year development plans
represent national intentions tempered by the appraisal of
possibilities. The twelve-year plan shall be a general estimate of
probable progress, both governmental and private; the six-year plan
shall be more specific as to estimated income and expenditure and shall
take account of necessary revisions.
The purpose shall be to advance, through every agency of government, the
excellence of national life. It shall be the further purpose to
anticipate innovations, to estimate their impact, to assimilate them
into existing institutions, and to moderate deleterious effects on the
environment and on society.
The six- and twelve-year plans shall be disseminated for discussion and
the opinions expressed shall be considered in the formulation of plans
for each succeeding year with special attention to detail in proposing
the budget.
*SECTION 6*
For both plans an extension of one year into the future shall be made
each year and the estimates for all other years shall be revised
accordingly. For nongovernmental activities the estimate of developments
shall be calculated to indicate the need for enlargement or restriction.
*SECTION 7*
If there be objection by the President or the Senate to the six- or
Twelve-year plans, they shall be returned for restudy and resubmission.
If there still be differences, and if the President and the Senate
agree, they shall prevail. If they do not agree, the Senate shall
prevail and the plan shall be revised accordingly.
*SECTION 8*
The Newstates, on June 1, shall submit proposals for development to be
considered for inclusion in those for the Newstates of America.
Researches and administration shall be delegated, when convenient, to
planning agencies of the Newstates.
*SECTION 9*
There shall be submissions from private individuals or from organized
associations affected with a public interest, as defined by the Board.
They shall report intentions to expand or contract, estimates of
production and demand, probable uses of resources, numbers expected to
be employed, and other essential information.
*SECTION 10*
The Planning Branch shall make and have custody of official maps, and
these shall be documents of reference for future developments both
public and private; on them the location of facilities, with extension
indicated, and the intended use of all areas shall be marked out.
Official maps shall also be maintained by the planning agencies of the
Newstates, and in matters not exclusively national the National Planning
Board may rely on these.
Undertakings in violation of official designation shall be at the risk
of the venturer, and there shall be no recourse; but losses from
designations after acquisition shall be recoverable in actions before
the Court of Claims.
*SECTION 11*
The Planning Branch shall have available to it funds equal to one-half
of one percent of the approved national budget (not including debt
services or payments from trust funds). They shall be held by the
Chancellor of Financial Affairs and expended according to rules approved
by the Board; but funds not expended within six years shall be available
for other users.
*SECTION 12*
Allocations may be made for the planning agencies of the Newstates; but
only the maps and plans of the national Board, or those approved by
them, shall have status at law.
*SECTION 13*
In making plans, there shall be due regard to the interests of other
nations and such cooperation with their intentions as may be approved by
the Board.
*SECTION 14*
There may also be cooperation with international agencies and such
contributions to their work as are not disapproved by the President.
*ARTICLE V
The Presidency
SECTION 1*
The President of the Newstates of America shall be the head of
government, shaper of its commitments, expositor of its policies, and
supreme commander of its protective forces; shall have one term of nine
years, unless rejected by 60 percent of the electorate after three
years; shall take care that the nation's resources are estimated and are
apportioned to its more exigent needs; shall recommend such plans,
legislation, and action as may be necessary; and shall address the
legislators each year on the state of the nation, calling upon them to
do their part for the general good.
*SECTION 2*
There shall be two Vice-Presidents elected with the President; at the
time of taking office the President shall designate one Vice-President
to supervise internal affairs; and one to be deputy for general affairs.
The deputy for general affairs shall succeed if the presidency be
vacated; the Vice- President for internal affairs shall be second in
succession. If either Vice-President shall die or be incapacitated the
President, with the consent of the Senate, shall appoint a successor.
Vice-Presidents shall serve during an extended term with such
assignments as the President may make.
If the presidency fall vacant through the disability of both
Vice-Presidents, the Senate shall elect successors from among its
members to serve until the next general election.
With the Vice-Presidents and other officials the President shall see to
it that the laws are faithfully executed and shall pay attention to the
findings and recommendations of the Planning Board, the National
Regulatory Board, and the Watchkeeper in formulating national policies.
*SECTION 3*
Responsible to the Vice-President for General Affairs there shall be
Chancellors of External, Financial, Legal, and Military Affairs.
The Chancellor of External Affairs shall assist in conducting relations
with other nations.
The Chancellor of Financial Affairs shall supervise the nation's
financial and monetary systems, regulating its capital markets and
credit-issuing institutions as they may be established by law; and this
shall include lending institutions for operations in other nations or in
cooperation with them, except that treaties may determine their purposes
and standards.
The Chancellor of Legal Affairs shall advise governmental agencies and
represent them before the courts.
The Chancellor of Military Affairs shall act for the presidency in
disposing all armed forces except militia commanded by governors; but
these shall be available for national service at the President's
convenience.
Except in declared emergency, the deployment of forces in far waters or
in other nations without their consent shall be notified in advance to a
national security committee of the Senate hereinafter provided.
*SECTION 4*
Responsible to the Vice-President for Internal Affairs there shall be
chancellors of such departments as the President may find necessary for
performing the services of government and are not rejected by a
two-thirds vote when the succeeding budget is considered.
*SECTION 5*
Candidates for the presidency and the vice-presidencies shall be
natural-born citizens. Their suitability may be questioned by the Senate
within ten days of their nomination, and if two-thirds of the whole
agree, they shall be ineligible and a nominating convention shall be
reconvened. At the time of his nomination no candidate shall be a member
of the Senate and none shall be on active service in the armed forces or
a senior civil servant.
*SECTION 6*
The President may take leave because of illness or for an interval of
relief, and the Vice-President in charge of General Affairs shall act.
The President may resign if the Senate agree; and, if the term shall
have more than two years to run, the Overseer shall arrange for a
special election for President and Vice-President.
*SECTION 7*
The Vice-Presidents may be directed to perform such ministerial duties
as the President may find convenient; but their instructions shall be of
record, and their actions shall be taken as his deputy.
*SECTION 8*
Incapacitation may be established without concurrence of the President
by a three-quarters vote of the Senate, whereupon a successor shall
become Acting President until the disability be declared, by a similar
vote, to be ended or to have become permanent. Similarly the other
Vice-President shall succeed if a predecessor die or be disabled.
Special elections, in these contingencies, may be required by the Senate.
Acting Presidents may appoint deputies, unless the Senate object, to
assume their duties until the next election.
*SECTION 9*
The Vice-Presidents, together with such other officials as the President
may designate from time to time, may constitute a cabinet or council;
but this shall not include officials of other branches.
*SECTION 10*
Treaties or agreements with other nations, negotiated under the
President's authority, shall be in effect unless objected to by a
majority of the Senate within ninety days. If they are objected to, the
President may resubmit and the Senate reconsider. If a majority still
object, the Senate shall prevail.
*SECTION 11*
All officers, except those of other branches, shall be appointed and may
be removed by the President. A majority of the Senate may object to
appointments within sixty days, and alternative candidates shall be
offered until it agrees.
*SECTION 12*
The President shall notify the Planning Board and the House of
Representatives, on the fourth Tuesday in June, what the maximum
allowable expenditures for the ensuing fiscal year shall be.
The President may determine to make expenditures less than provided in
appropriations; but, except in declared emergency, none shall be made in
excess of appropriations. Reduction shall be because of changes in
requirements and shall not be such as to impair the integrity of
budgetary procedures.
*SECTION 13*
There shall be a Public Custodian, appointed by the President and
removable by him, who shall have charge of properties belonging to the
government, but not allocated to specific agencies, who shall administer
common public services, shall have charge of building construction and
rentals, and shall have such other duties as may be designated by the
President or the designated Vice Presidents.
*SECTION 14*
There shall be an Intendant responsible to the President who shall
supervise Offices for Intelligence and Investigation; also an Office of
Emergency Organization with the duty of providing plans and procedures
for such contingencies as can be anticipated.
The Intendant shall also charter nonprofit corporations (or
foundations), unless the President shall object, determined by him to be
for useful public purposes. Such corporations shall be exempt from
taxation but shall conduct no profit-making enterprises.
*SECTION 15*
The Intendant shall also be a counselor for the coordination of
scientific and cultural experiments, and for studies within the
government and elsewhere, and for this purpose shall employ such
assistance as may be found necessary.
*SECTION 16*
Offices for other purposes may be established and may be discontinued by
presidential order within the funds allocated in the procedures of
appropriation.
*ARTICLE VI
The Legislative Branch
(The Senate and the House of Representatives)
A. The Senate
SECTION 1*
There shall be a Senate with membership as follows: If they so desire,
former Presidents, Vice-Presidents, Principal Justices, Overseers,
Chairmen of the Planning and Regulatory Boards, Governors having had
more than seven years service, and unsuccessful candidates for the
presidency and vice-presidency who have received at least 30 percent of
the vote. To be appointed by the President, three persons who have been
Chancellors, two officials from the civil services, two officials from
the diplomatic services, two senior military officers, also one person
from a panel of three, elected in a process approved by the Overseer, by
each of twelve such groups or associations as the President may
recognize from time to time to be nationally representative, but none
shall be a political or religious group, no individual selected shall
have been paid by any private interest to influence government, and any
association objected to by the Senate shall not be recognized.
Similarly, to be appointed by the Principal Justice, two persons
distinguished in public law and two former members of the High Courts or
the Judicial Council. Also, to be elected by the House of
Representatives, three members who have served six or more years.
Vacancies shall be filled as they occur.
*SECTION 2*
Membership shall continue for life, except that absences not provided
for by rule shall constitute retirement, and that Senators may retire
voluntarily.
*SECTION 3*
The Senate shall elect as presiding officer a Convener who shall serve
for two years, when his further service may be discontinued by a
majority vote. Other officers, including a Deputy, shall be appointed by
the Convener unless the Senate shall object.
*SECTION 4*
The Senate shall meet each year on the second Tuesday in July and shall
be in continuous session, but may adjourn to the call of the Convener. A
quorum shall be more than three-fifths of the whole membership.
*SECTION 5*
The Senate shall consider, and return within thirty days, all measures
approved by the House of Representatives (except the annual budget).
Approval or disapproval shall be by a majority vote of those present.
Objection shall stand unless the House of Representatives shall overcome
it by a majority vote plus one; if no return be made, approval by the
House of Representatives shall be final.
For consideration of laws passed by the House of Representatives or for
other purposes, the Convener may appoint appropriate committees.
*SECTION 6*
The Senate may ask advice from the Principal Justice concerning the
constitutionality of measures before it; and if this be done, the time
for return to the House of Representatives may extend to ninety days.
*SECTION 7*
If requested, the Senate may advise the President on matters of public
interest; or, if not requested, by resolution approved by two-thirds of
those present. There shall be a special duty to expressions of concern
during party conventions and commitments made during campaigns; and if
these be neglected, to remind the President and the House of
Representatives that these undertakings are to be considered.
*SECTION 8*
In time of present or prospective danger caused by cataclysm, by attack,
or by insurrection, the Senate may declare a national emergency and may
authorize the President to take appropriate action. If the Senate be
dispersed, and no quorum available, the President may proclaim the
emergency, and may terminate it unless the Senate shall have acted. If
the President be not available, and the circumstances extreme, the
senior serving member of the presidential succession may act until a
quorum assembles.
*SECTION 9*
The Senate may also define and declare a limited emergency in time of
prospective danger, or of local or regional disaster, or if an
extraordinary advantage be anticipated. It shall be considered by the
House of Representatives within three days and, unless disapproved, may
extend for a designated period and for a limited area before renewal.
Extraordinary expenditures during emergency may be approved, without
regard to usual budget procedures, by the House of Representatives with
the concurrence of the President.
*SECTION 10*
The Senate, at the beginning of each session, shall select three of its
members to constitute a National Security Committee to be consulted by
the President in emergencies requiring the deployment of the armed
forces abroad. If the Committee dissent from the President's proposal,
it shall report to the Senate, whose decision shall be final.
*SECTION 11*
The Senate shall elect, or may remove, a National Watchkeeper, and shall
oversee, through a standing committee, a Watchkeeping Service conducted
according to rules formulated for their approval.
With the assistance of an appropriate staff the Watchkeeper shall gather
and organize information concerning the adequacy, competence, and
integrity of governmental agencies and their personnel, as well as their
continued usefulness; and shall also suggest the need for new or
expanded services, making report concerning any agency of the
deleterious effect of its activities on citizens or on the environment.
The Watchkeeper shall entertain petitions for the redress of grievances
and shall advise the appropriate agencies if there be need for action.
For all these purposes, personnel may be appointed, investigations made,
witnesses examined, post audits made, and information required.
The Convener shall present the Watchkeeper's findings to the Senate, and
if it be judged to be in the public interest, they shall be made public
or, without being made public, be sent to the appropriate agency for its
guidance and such action as may be needed. On recommendation of the
Watchkeeper the Senate may initiate corrective measures to be voted on
by the House of Representatives within thirty days. When approved by a
majority and not vetoed by the President, they shall become law.
For the Watchkeeping Service one-quarter of one percent of individual
net taxable incomes shall be held by the Chancellor of Financial
Affairs; but amounts not expended in any fiscal year shall be available
for general use.
*B. The House of Representatives
SECTION 1*
The House of Representatives shall be original lawmaking body of the
Newstates of America.
*SECTION 2*
It shall convene each year on the second Tuesday in July and shall
remain in continuous session except that it may adjourn to the call of a
Speaker, elected by a majority vote from among the
Representatives-at-large, who shall be its presiding officer.
*SECTION 3*
It shall be a duty to implement the provisions of this constitution and,
in legislature to be guided by them.
*SECTION 4*
Party leaders and their deputies shall be chosen by caucus at the
beginning of each session.
*SECTION 5*
Standing and temporary committees shall be selected as follows:
Committees dealing with the calendaring and management of bills shall
have a majority of members nominated to party caucuses by the Speaker;
other members shall be nominated by minority leaders. Membership shall
correspond to the parties' proportions at the last election. If
nominations be not approved by a majority of the caucus, the Speaker or
the minority leaders shall nominate others until a majority shall approve.
Members of other committees shall be chosen by party caucus in
proportion to the results of the last election. Chairmen shall be
elected annually from among at-large-members.
Bills referred to committees shall be returned to the house with
recommendations within sixty days unless extension be voted by the House.
In all committee actions names of those voting for and against shall be
recorded.
No committee chairman may serve longer than six years.
*SECTION 6*
Approved legislation, not objected to by the Senate within the allotted
time, shall be presented to the President for his approval or
disapproval. If the President disapprove, and three- quarters of the
House membership still approve, it shall become law. The names of those
voting for and against shall be recorded. Bills not returned within
eleven days shall become law.
*SECTION 7*
The President may have thirty days to consider measures approved by the
House unless they shall have been submitted twelve days previous to
adjournment.
*SECTION 8*
The house shall consider promptly the annual budget; if there be
objection, it shall be notified to the Planning Board; The Board shall
then resubmit through the President; and, with his comments, it shall be
returned to the House. If there still be objection by a two-thirds
majority, the House shall prevail. Objection must be by whole title;
titles not objected to when voted on shall constitute appropriation.
The budget for the fiscal year shall be in effect on January 1. Titles
not yet acted on shall be as in the former budget until action be completed.
*SECTION 9*
It shall be the duty of the House to make laws concerning taxes.
1. For their laying and collection:
a. They shall be uniform, and shall not be retroactive.
b. Except such as may be authorized by law to be laid by
Authorities, or by the Newstates, all collections shall be made
by a national revenue agency. This shall include collections for
trust funds hereinafter authorized.
c. Except for corporate levies to be held in the National
Sharing Fund, hereinafter authorized, taxes may be collected
only from individuals and only from incomes; but there may be
withholding from current incomes.
d. To assist in the maintenance of economic stability, the
President may be authorized to alter rates by executive order.
e. They shall be imposed on profitmaking enterprises owned or
conducted by religious establishments or other nonprofit
organizations.
f. There shall be none on food, medicines, residential rentals,
or commodities or services designated by law as necessities; and
there shall be no double taxation.
g. None shall be levied for registering ownership or transfer of
property.
2. For expenditure from revenues:
a. For the purposes detailed in the annual budget unless
objection be made by the procedure prescribed herein.
b. For such other purposes as the House may indicate and require
the Planning Board to include in revision of the budget; but,
except in declared emergency, the total may not exceed the
President's estimate of available funds.
3. For fixing the percentage of net corporate taxable incomes to be
paid into a National Sharing Fund to be held in the custody of the
Chancellor of Financial Affairs and made available for such welfare
and environmental purposes as are authorized by law.
4. To provide for the regulation of commerce with other nations and
among the Newstates, Possessions, Territories; or, as shall be
mutually agreed, with other organized governments; but exports shall
not be taxed; and imports shall not be taxed except on
recommendation of the President at rates whose allowable variations
shall have been fixed by law. There shall be no quotas, and no
nations favored by special rates, unless by special acts requiring
two-thirds majorities.
5. To establish, or provide for the establishment of institutions
for the safekeeping of savings, for the gathering and distribution
of capital, for the issuance of credit, for regulating the coinage
of money, for controlling the media of exchange, and for stabilizing
prices; but such institutions, when not public or semipublic, shall
be regarded as affected with the public interest and shall be
supervised by the Chancellor of Financial Affairs.
6. To establish institutions for insurance against risks and
liabilities for communication, transportation, and others commonly
used and necessary for public convenience.
[7. paragraph not in the copy used for this file]
8. To assist in the maintenance of world order, and, for this
purpose, when the President shall recommend to vest jurisdiction in
international legislative, judicial, or administrative agencies.
9. To develop with other peoples, and for the benefit of all, the
resources of space, of other bodies in the universe, and of the seas
beyond twelve miles from low-water shores unless treaties shall
provide other limits.
10. To assist other peoples who have not attained satisfactory
levels of well-being; to delegate the administration of funds for
assistance, whenever possible, to international agencies; and to
invest in or contribute to the furthering of development in other
parts of the world.
11. To assure, or to assist in assuring, adequate and equal
facilities for education; for training in occupations citizens may
be fitted to pursue; and to reeducate or retrain those whose
occupations may become obsolete.
12. To establish or to assist institutions devoted to higher
education, to research, or to technical training.
13. To establish and maintain, or assist in maintaining, libraries,
archives, monuments, and other places of historic interest.
14. To assist in the advancement of sciences and technologies; and
to encourage cultural activities.
15. To conserve natural resources by purchase, by withdrawal from
use, or by regulation; to provide, or to assist in providing,
facilities for recreation; to establish and maintain parks, forests,
wilderness areas, wetlands, and prairies; to improve streams and
other waters; to ensure the purity of air and water; to control the
erosion of soils; and to provide for all else necessary for the
protection and common use of the national heritage.
16. To acquire property and improvements for public use at costs to
be fixed, if necessary, by the Court of Claims.
17. To prevent the stoppage or hindrance of governmental procedures,
or other activities affected with a public interest as defined by
law, by reason of disputes between employers and employees, or for
other reasons, and for this purpose to provide for conclusive
arbitration if adequate provision for collective bargaining fail.
From such findings there may be appeal to the Court of Arbitration
Review; but such proceedings may not stay the acceptance of findings.
18. To support an adequate civil service for the performance of such
duties as may be designated by administrators; and for this purpose
to refrain from interference with the processes of appointment of
placement, asking advice or testimony before committees only with
the consent of appropriate superiors.
19. To provide for the maintenance of armed forces.
20. To enact such measures as will assist families in making
adjustment to future conditions, using estimates concerning
population and resources made by the Planning Board.
21. To vote within ninety days on such measures as the President may
designate as urgent.
*ARTICLE VII
The Regulatory Branch
SECTION 1*
There shall be a Regulatory Branch, and there shall be a National
Regulator chosen by majority vote of the Senate and removable by a
two-thirds vote of that body. His term shall be seven years, and he
shall make and administer rules for the conduct of all economic
enterprises.
The Regulatory Branch shall have such agencies as the Board may find
necessary and are not disapproved by law.
*SECTION 2*
The Regulatory Board shall consist of seventeen members recommended to
the Senate by the Regulator. Unless rejected by majority vote they shall
act with the Regulator as a lawmaking body for industry.
They shall initially have terms of one to seventeen years, one being
replaced each year and serving for seventeen years. They shall be
compensated and shall have no other occupation.
*SECTION 3*
Under procedures approved by the Board, the Regulator shall charter all
corporations or enterprises except those exempted because of size or
other characteristics, or those supervised by the Chancellor of
Financial Affairs, or by the Intendant, or those whose activities are
confined to one Newstate.
Charters shall describe proposed activities, and departure from these
shall require amendment on penalty of revocation. For this purpose there
shall be investigation and enforcement services under the direction of
the Regulator.
*SECTION 4*
Chartered enterprises in similar industries or occupations may organize
joint Authorities. These may formulate among themselves codes to ensure
fair competition, meet external costs, set standards for quality and
service, expand trade, increase production, eliminate waste, and assist
in standardization. Authorities may maintain for common use services for
research and communication; but membership shall be open to all eligible
enterprises. Nonmembers shall be required to maintain the same standards
as those prescribed for members.
*SECTION 5*
Authorities shall have governing committees of five, two being appointed
by the Regulator to represent the public. They shall serve as he may
determine; they shall be compensated; and he shall take care that there
be no conflicts of interest. The Board may approve or prescribe rules
for the distribution of profits to stockholders, allowable amounts of
working capital, and reserves. Costing and all other practices affecting
the public interest shall be monitored.
All codes shall be subject to review by the Regulator with his board.
*SECTION 6*
Member enterprises of an Authority shall be exempt from other regulation.
*SECTION 7*
The regulator, with his Board, shall fix standards and procedures for
mergers of enterprises or the acquisition of some by others; and these
shall be in effect unless rejected by the Court of Administrative
Settlements. The purpose shall be to encourage adaptation to change and
to further approved intentions for the nation.
*SECTION 8*
The charters of enterprises may be revoked and Authorities may be
dissolved by the Regulator, with the concurrence of the Board, if they
restrict the production of goods and services, or controls of their
prices; also if external costs are not assessed to their originators or
if the ecological impacts of their operations are deleterious.
*SECTION 9*
Operations extending abroad shall conform to policies notified to the
Regulator by the President; and he shall restrict or control such
activities as appear to injure the national interest.
*SECTION 10*
The Regulator shall make rules for and shall supervise marketplaces for
goods and services; but this shall not include security exchanges
regulated by the Chancellor of Financial Affairs.
*SECTION 11*
Designation of enterprises affected with a public interest, rules for
conduct of enterprises and of their Authorities, and other actions of
the Regulator or of the Boards may be appealed to the Court of
Administrative Settlements, whose judgments shall be informed by the
intention to establish fairness to consumers and competitors and
stability in economic affairs.
*SECTION 12*
Responsible also to the Regulator, there shall be an Operations
Commission appointed by the Regulator, unless the Senate object, for the
supervision of enterprises owned in whole or in part by government. The
commission shall choose its chairman, and he shall be the executive head
of a supervisory staff. He may require reports, conduct investigations,
and make rules and recommendations concerning surpluses or deficits, the
absorption of external costs, standards of service, and rates or prices
charged for services or goods.
Each enterprise shall have a director, chosen by and removable by the
Commission; and he shall conduct its affairs in accordance with
standards fixed by the Commission.
*ARTICLE VIII
The Judicial Branch
SECTION 1*
There shall be a Principal Justice of the Newstates for America; a
Judicial Council; and a Judicial Assembly. There shall also be a Supreme
Court and a High Court of Appeals; also Courts of Claims, Rights and
Duties, Administrative Review, Arbitration Settlements, Tax Appeals, and
Appeals from Watchkeeper's Findings. There shall be Circuit Courts to be
of first resort in suits brought under national law; and they shall hear
appeals from courts of the Newstates.
Other courts may be established by law on recommendation of the
Principal Justice with the Judicial Council.
*SECTION 2*
The Principal Justice shall preside over the judicial system, shall
appoint the members of all national courts, and unless the Judicial
Council object, shall make its rules; also, through an Administrator,
supervise its operations.
*SECTION 3*
The Judicial Assembly shall consist of Circuit Court Judges, together
with those of the High Courts of the Newstates of America and those of
the highest courts of the Newstates. It shall meet annually, or at the
call of the Principal Justice, to consider the state of the Judiciary
and such other matters as may be laid before it.
It shall also meet at the call of the Convener to nominate three
candidates for the Principal Justiceship whenever a vacancy shall occur.
From these nominees the Senate shall choose the one having the most votes.
*SECTION 4*
The Principal Justice, unless the Senate object to any, shall appoint a
Judicial Council of five members to serve during his incumbency. He
shall designate a senior member who shall preside in his absence.
It shall be the duty of the Council, under the direction of the
Principal Justice, to study the courts in operation, to prepare codes of
ethics to be observed by members, and to suggest changes in procedure.
The Council may ask the advice of the Judicial Assembly.
It shall also be a duty of the Council, as hereinafter provided, to
suggest Constitutional amendments when they appear to be necessary; and
it shall also draft revisions if they shall be required. Further it
shall examine, and from time to time cause to be revised, civil and
criminal codes; these, when approved by the Judicial Assembly, shall be
in effect throughout the nation.
*SECTION 5*
The Principal Justice shall have a term of eleven years; but if at any
time the incumbent resign or be disabled from continuing in office, as
may be determined by the Senate, replacement shall be by the senior
member of the Judicial Council until a new selection be made. After six
years the Assembly may provide, by a two-thirds vote, for discontinuance
in office, and a successor shall then be chosen.
*SECTION 6*
The Principal Justice may suspend members of any court for incapacity or
violation of rules; and the separation shall be final if a majority of
the Council agree.
For each court the Principal Justice shall, from time to time, appoint a
member who shall preside.
*SECTION 7*
*/A presiding judge may decide, with the concurrence of the senior
judge, that there may be pretrial proceedings, that criminal trials
shall be conducted by either investigatory or adversary proceedings, and
whether there shall be a jury and what the number of jurors shall be;
but investigatory proceedings shall require a bench of three./*
*SECTION 8*
In deciding on the concordance of statutes with the Constitution, the
Supreme Court shall return to the House of Representatives such as it
cannot construe. If the House fail to make return within ninety days the
Court may interpret.
*SECTION 9*
The Principal Justice, or the President, may grant pardons or reprieves.
*SECTION 10*
The High Courts shall have thirteen members; but nine members, chosen by
then senior justices from time to time, shall constitute a court. The
justices on leave shall be subject to recall.
Other courts shall have nine members; but seven, chosen by their senior,
shall constitute a court.
All shall be in continuous session except for recesses approved by the
Principal Justice.
*SECTION 11*
The Principal Justice, with the Council, may advise the Senate, when
requested, concerning the appropriateness of measures approved by the
House of Representatives; and may also advise the President, when
requested, on matters he may refer for consultation.
*SECTION 12*
It shall be for other branches to accept and to enforce judicial decrees.
*SECTION 13*
The High Court of Appeals may select applications for further
consideration by the Supreme Court of decisions reached by other courts,
including those of the Newstates. If it agree that there be a
constitutional issue it may make preliminary judgment to be reviewed
without hearing, and finally, by the Supreme Court.
*SECTION 14*
The supreme Court may decide:
a. Whether, in litigation coming to it on appeal, constitutional
provisions have been violated or standards have not been met.
b. On the application of constitutional provisions to suits
involving the Newstates.
c. Whether international law, as recognized in treaties, United
Nations agreements, or arrangements with other nations, has been
ignored or violated.
d. Other causes involving the interpretation of constitutional
provisions; except that in holding any branch to have exceeded its
powers the decision shall be suspended until the Judicial Court
shall have determined whether, in order to avoid confrontation,
procedures for amendment of the Constitution are appropriate.
If amendatory proceedings are instituted, decision shall await the outcome.
*SECTION 15*
The Courts of the Newstates shall have initial jurisdiction in cases
arising under their laws except those involving the Newstate itself or
those reserved for national courts by a rule of the Principal Justice
with the Judicial Council.
*ARTICLE IX
General Provisions
SECTION 1*
*/Qualifications for participation in democratic procedures as a
citizen, and eligibility for office, shall be subject to repeated study
and redefinition; but any change in qualification or eligibility shall
become effective only if not disapproved by the Congress./*
For this purpose a permanent Citizenship and Qualifications Commission
shall be constituted, four members to be appointed by the President,
three by the Convener of the Senate, three by the Speaker of the House,
and three by the Principal Justice. Vacancies shall be filled as they
occur. The members shall choose a chairman; they shall have suitable
assistants and accommodations; and they may have other occupations.
Recommendations of the commission shall be presented to the President
and shall be transmitted to the House of Representatives with comments.
They shall have a preferred place on the calendar and, if approved,
shall be in effect.
*SECTION 2*
Areas necessary for the uses of government may be acquired at its
valuation and may be maintained as the public interest may require. Such
areas shall have self-government in matters of local concern.
*SECTION 3*
The President may negotiate for the acquisition of areas outside the
Newstates of America, and, if the Senate approve, may provide for their
organization as Possessions or Territories.
*SECTION 4*
The President may make agreements with other organized peoples for a
relation other than full membership in the Newstates of America. They
may become citizens and may participate in the selection of officials.
They may receive assistance for their development or from the National
Sharing fund if they conform to its requirements; and they may serve in
civilian or military services, but only as volunteers. They shall be
represented in the House of Representatives by members elected at large,
their number proportional to their constituencies; but each shall have
at least one; and each shall in the same way choose one permanent member
of the Senate.
*SECTION 5*
The President, the Vice-Presidents, and members of the legislative
houses shall in all cases except treason, felony, and breach of the
peace be exempt from penalty for anything them may say while pursuing
public duties; but the Judicial Council may make restraining rules.
*SECTION 6*
Except as otherwise provided by this Constitution, each legislative
house shall establish its requirement for membership and may make rules
for the conduct of members, including conflicts of interest, providing
its own disciplines for their infraction.
*SECTION 7*
No Newstate shall interfere with officials of the Newstates of America
in the performance of their duties, and all shall give full faith and
credit to the Acts of other Newstates and of the Newstates of America.
*SECTION 8*
Public funds shall be expended only as authorized in this constitution.
*ARTICLE X
Governmental Arrangements
SECTION 1*
Offices of the Newstates of America shall be those named in this
Constitution, including those of the legislative houses and others
authorized by law to be appointed; they shall be compensated, and none
may have other paid occupation unless they be excepted by law; none
shall occupy more than one position in government; and no gift or favor
shall be accepted if in any way related to official duty.
No income from former employments or associations shall continue for
their benefits; but their properties may be put in trust and managed
without their intervention during continuance in office. Hardships under
this rule may be considered by the Court of Rights and Duties, and
exceptions may be made with due regard to the general intention.
*SECTION 2*
The President, the Vice-Presidents, and the Principal Justice shall have
households appropriate to their duties. The President, the
Vice-Presidents, the Principal Justice, the Chairman of the Planning
Board, the Regulator, the Watchkeeper, and the Overseer shall have
salaries fixed by law and continued for life; but if they become members
of the Senate, they shall have senatorial compensation and shall conform
to senatorial requirements.
Justices of the High Courts shall have no term; and their salaries shall
be two-thirds that of the Principal Justice; they and members of the
Judicial Council, unless they shall have become Senators, shall be
permanent members of the Judiciary and shall be available for assignment
by the Principal Justice.
Salaries for members of the Senate shall be the same as for Justices of
the High Court of Appeals.
*SECTION 3*
Unless otherwise provided herein, officials designated by the head of a
branch as sharers in policymaking may be appointed by him with the
President's concurrence and unless the Senate shall object.
*SECTION 4*
There shall be administrators:
a. for executive offices and official households, appointed by
authority of the President;
b. for the national courts, appointed by the Principal Justice;
c. for the Legislative Branch, selected by a committee of members
from each house (chosen by the Convener and the Speaker), three from
the House of Representatives and four from the Senate.
Appropriations shall be made to them; but those for the Presidency shall
not be reduced during his term unless with his consent; and those for
the Judicial Branch shall not be reduced during five years succeeding
their determination, unless with the consent of the Principal Justice.
*SECTION 5*
The fiscal year shall be the same as the calendar year, with new
appropriations available at its beginning.
*SECTION 6*
There shall be an Officials' Protective Service to guard the President,
the Vice-Presidents, the Principal Justice, and other officials whose
safety may be at hazard; and there shall be a Protector appointed by and
responsible to a standing committee of the Senate. Protected officials
shall be guided by procedures approved by the committee.
*SECTION 7*
A suitable contingency fund shall be made available to the President for
purposes defined by law.
*SECTION 8*
The Senate shall try officers of government other than legislators when
such officers are impeached by a two-thirds vote of the House of
Representatives for conduct prejudicial to the public interest. If
Presidents or Vice-Presidents are to be tried, the Senate, as
constituted, shall conduct the trial. Judgments shall not extend beyond
removal from office and disqualification for holding further office; but
the convicted official shall be liable to further prosecutions.
*SECTION 9*
Members of legislative houses may be impeached by the Judicial Council;
but for trials it shall be enlarged to seventeen by Justices of the High
Courts appointed by the Principal Justice. If convicted, members shall
be expelled and be ineligible for future public office; and they shall
also be liable for trial as citizens.
*ARTICLE XI
Amendment
SECTION 1*
It being the special duty of the Judicial Council to formulate and
suggest amendments to this Constitution, it shall, from time to time,
make proposals, through the Principal Justice, to the Senate. The
Senate, if it approve, and if the President agree, shall instruct the
Overseer to arrange at the next national election for submission of the
amendment to the electorate. */If not disapproved by a majority, it
shall become part of this Constitution. If rejected, it may be restudied
and a new proposal submitted./*
It shall be the purpose of the amending procedure to correct
deficiencies in the Constitution, to extend it when new responsibilities
require, and to make government responsible to needs of the people,
*/making use of advances in managerial competence/* and establishing
security and stability; also to preclude changes in the Constitution
resulting from interpretation.
*SECTION 2*
When this Constitution shall have been in effect for twenty- five years
the Overseer shall ask, by referendum whether a new Constitution shall
be prepared. If a majority so decide, the Council, making use of such
advice as may be available, and consulting those who have made
complaint, shall prepare a new draft for submission at the next
election. */If not disapproved by a majority it shall be in effect. If
disapproved it shall be redrafted and resubmitted with such changes as
may be then appropriate to the circumstances, and it shall be submitted
to the voters at the following election. /*
*/If not disapproved by a majority it shall be in effect. If disapproved
it shall be restudied and resubmitted./*
*ARTICLE XII
Transition
SECTION 1*
The president is authorized to assume such powers, make such
appointments, and use such funds as are necessary to make this
Constitution effective as soon as possible after acceptance by a
referendum he may initiate.
*SECTION 2*
Such members of the Senate as may be at once available shall convene
and, if at least half, shall constitute sufficient membership while
others are being added. They shall appoint an Overseer to arrange for
electoral organization and elections for the offices of government; but
the President and Vice-Presidents shall serve out their terms and then
become members of the Senate. At that time the presidency shall be
constituted as provided in the Constitution.
*SECTION 3*
Until each indicated change in the government shall have been completed
the provisions of the existing Constitution and the organs of government
shall be in effect.
*SECTION 4*
All operations of the national government shall cease as they are
replaced by those authorized under this Constitution.
The President shall determine when replacement is complete.
The President shall cause to be constituted an appropriate commission to
designate existing laws inconsistent with this Constitution, and they
shall be void; also the commission shall assist the President and the
legislative houses in the formulating of such laws as may be consistent
with the Constitution and necessary to its implementation.
*SECTION 5*
For establishing Newstates' boundaries a commission of thirteen,
appointed by the President, shall make recommendations within one year.
For this purpose the members may take advice and commission studies
concerning resources, population, transportation, communication,
economic and social arrangements, and such other conditions as may be
significant. The President shall transmit the commission's report to the
Senate. After entertaining, if convenient, petitions for revision, the
Senate shall report whether the recommendations are satisfactory but the
President shall decide whether they shall be accepted or shall be
returned for revision.
Existing states shall not be divided unless metropolitan areas extending
over more than one state are to be included in one Newstate, or unless
other compelling circumstances exist; and each Newstate shall possess
harmonious regional characteristics.
The Commission shall continue while the Newstates make adjustments among
themselves and shall have jurisdiction in disputes arising among them.
*SECTION 6*
Constitutions of the Newstates shall be established as arranged by the
Judicial Council and the Principal Justice.
These procedures shall be as follows: Constitutions shall be drafted by
the highest courts of the Newstates. There shall then be a convention of
one hundred delegates chosen in special elections in a procedure
approved by the Overseer. If the Constitution be not rejected, the
Principal Justice, advised by the Judicial Council, shall promulgate a
Constitution and initiate revisions to be submitted for approval at a
time he shall appoint. If it again be rejected he shall promulgate
another, taking account of objections, and it shall be in effect. A
Constitution, once in effect, shall be valid for twenty-five years as
herein provided.
*SECTION 7*
Until Governors and legislatures of the Newstates are seated, their
governments shall continue, except that the President may appoint
temporary Governors to act as executives until succeeded by those
regularly elected. These Governors shall succeed to the executive
functions of the states as they become one of the Newstates of America.
*SECTION 8*
The indicated appointments, elections, and other arrangements shall be
made with all deliberate speed.
*SECTION 9*
The first Judicial Assembly for selecting a register for candidates for
the Principal Justiceship of the Newstates of America shall be called by
the incumbent Chief Justice immediately upon ratification.
*SECTION 10*
Newstates electing by referendum not to comply with recommendations of
the Boundary Commission, as approved by the Senate, shall have deducted
from taxes collected by the Newstates of America for transmission to
them a percentage equal to the loss in efficiency from failure to comply.
Estimates shall be made by the Chancellor of Financial Affairs and
approved by the President; but the deduction shall not be less than 7
percent.
*SECTION 11*
When this Constitution has been implemented the President may delete by
proclamation appropriate parts of this article.
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================== Document Number Two ==================
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THE PROPOSED CONSTITUTION FOR THE
'NEWSTATES OF AMERICA'
An analysis by
E. Stanley Rittenhouse
This new constitution would replace the present U.S. Constitution and
would dissolve the States as we know them into Newstates, "each
comprising no less than 5 percent of the whole population." This new
constitution with its regional government would bring about an oligarchy
at the expense of our Constitutional Republic. This form of dictatorship
that is planned for America would bring into even more prominence and
power the crowd who wants a "New World Order."
This proposed constitution is, in itself, a vehicle for the transition
from our proven, tried and true, divinely-ordained Constitution to the
New World Order that man, in his own efforts, hopes to impose upon mankind.
The first eight words of the preamble clearly spell out all of the
above. "So that we may join in common endeavors" assumes that everyone
wants to support their endeavors to destroy America's sovereignty,
states rights and the individual's God- given liberty and freedom.
Should this be accomplished, the states would be abolished in favor of
regions known as "Newstates." By their assumption, the initiative is
taken and the momentum gained.
The "common endeavors" in this case is the destruction of our U.S.
Constitution so as to replace it with a dictatorship. The new would have
the form and appearance of the old but there the similarity would end.
The Newstates of America Constitution is merely a form of the old in
order to pacify those still remembering the liberty that is guaranteed.
The new constitution is a bridge, a part of the hopefully peaceful
transition from a Constitutional Republic to an oligarchic world
dictatorship. The mere fact that this new constitution is to be in
effect only 25 years and that many opportunities are provided to revise
and rewrite it in those years, indicates the role of transition.
Article XI, Section 2 declares: "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." And should those in power
be defeated in the case of amending their new constitution, they won't
take no for an answer. To quote Article XI, Section 1: "If rejected
(that which they proposed), it may be restudied and a new proposal
submitted." So evidently, it is not possible for the people to totally
reject that which the appointed Principal Justice and that which the
appointed Senate proposes.
The word "emergency" appears frequently in the proposed Constitution but
is never mentioned in our U.S. Constitution. Consequently, an
"emergency" is used to impose new dictates-- which could only be
accomplished at the expense of the U.S. citizen's liberty.
Much of the language is vague leaving it wide open to various
interpretations--and of course the ones in power would control the
courts as our judicial system would be restructured to favor the
continuance of power. This would be accomplished by eliminating the
present checks and balances so established within the present
Constitution. The legislative, judicial and executive branches would be
replaced with six branches, all designed and structured to perpetuate
those in power.
Article XII spells out clearly the awesome dictatorial power that will
be put into the hands of a few. Section 1 states: "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 4
says, "the president shall cause to be constituted an appropriate
commission to designate existing laws inconsistent with this
Constitution, and they shall be void."
The new order would bring about land use--the federal control or "use"
of private property. (And we all know there can be no human rights
without property rights!) The Newstates Constitution declares: "No
property shall be taken without compensation." By leaving the word
"just" out, the compensation becomes very arbitrary and the final
decision would rest with the government. Article VI, B, Section 16,
states: "To acquire property and improvements for public use at costs to
be fixed, if necessary, by the Court of Claims." The Court of Claims
will be made up of appointees.
In order for the One-Worlders to maintain themselves in power, the key
positions would be filled by appointees with the authority as well as
the power being given to these unelected bureaucrats. Such officials as
the Overseer, the Watchkeeper, the National Regulator, the Intendant,
the Principal Justice and his appointed members of all national courts,
the Public Custodian, the chairman of the National Planning Board,
Chancellors of External, Financial, Legal & Military Affairs and the
appointed Senate, to name a few will be the unelected. This approach
would tend to continually bring to power only those of like mind. This
is completely contrary to the attitude and approach our Founding Fathers
had back in 1789 when writing the U.S. Constitution. Their concern was
with the individual, his life, liberty and the pursuit of happiness;
certainly not with an obsession of bringing more power to themselves and
perpetuating themselves in power. The fact that power corrupts and
absolute power corrupts absolutely still applies today as it did then
and should make us eternally vigilant against such a trend ever
developing toward absolute power.
Article I, Section 1, states: "Freedom of expression of communication,
of movement, of assembly or of petition shall not be abridged except in
declared emergency." In other words, all freedom is dependent upon
whether the government would declare an emergency or not. But freedom is
a right not to be revoked; they make it a privilege and at the mercy of
their whim. This would be government by men, not by law.
As this constitution states throughout, so much is dependent on certain
conditions which can be determined at a later date, "Except in declared
emergency;" "except in the interest of national security;" "Existing
states may continue and may have the status of Newstates if the Boundary
Commission, hereinafter provided, shall so decide;" "except they be
approved;" "unless authorized;" "shall conform to his regulation;" etc.,
all point out that the form of government proposed by this document
would be very arbitrary and dictatorial with the individual being forced
to yield to his government. The result would be very little individual
liberty.
Article I, B, Section 8 would establish federal gun control and at the
same time the dissolution of our 2nd Amendment which guarantees the
citizen the right to bear arms.
This proposed new government would control the elections. Political
parties would need the approval of the Overseer and elections would be
controlled by controlling the spending; this, in turn, would control the
legislature.
The club of Revenue Sharing would also be in effect. "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
recommendations of the Watchkeeper, to forfeit revenues for the
Newstates of America." (Art II, Sec 15).
This new constitution establishes the President with a term of nine
years. This would make the government still less accountable to the people.
There no longer would be a competitive, free-enterprise system but a
"planned economy." And the planners would be appointed by the President.
This constitution would seek to dictate that the interests of America
not be put first. Article IV, Section 13 & 14 declares: "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.
"There may also be cooperation with international agencies and such
contributions to their work as are not disapproved by the President."
In regard to taxes, the President would be the tax czar, a virtual
dictator. "To assist in the maintenance of economic stability, the
President may be authorized to alter rates by executive order." Article
VI, B, Section 9d.
The economic dictatorship is also promoted in Article VII, the
Regulatory Branch, Section 1 declares that the "National
Regulator...shall make and administer rules for the conduct of all
economic enterprises." But "they" always look out for their own. Section
3 states: "Under procedures approved by the Board, the Regulator shall
charter all corporations or enterprises except those exempted because of
size or other characteristics, or those supervised by the Chancellor of
Financial affairs, or the intendant..." One wonders what characteristics
would be sufficient to escape the hand of the Regulator?
Section 10: "The Regulator shall make rules for and shall supervise
marketplaces for goods and services." The law of supply and demand would
come under the heel of the bureaucrat.
The free-enterprise system that has provided the prosperity and level of
living that is the envy and standard of the world would be abandoned by
these international-socialists promoting the scheme and conspiracy of a
socialistic, dictatorial economic system that has proven throughout the
history of mankind, to be disfunctional, non-workable and a total
failure. Why, you may ask? This whole document and what it represents is
a move toward a centralization of power so that the few may control the
many.
"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 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."
The [capitalized] emphases are added and they speak for themselves.
This document would put America at the mercy of the United Nations by
recognizing U.N. agreements on par with our treaties (Article VIII,
Section 14c). This would open the door to the Genocide Treaty with evils
too numerous to list here.
When a government is highly centralized, it is also highly vulnerable.
It is an efficient structure for takeover by a determined minority. When
there is decentralization and the power of the government truly rests
with its citizens, to capture a part only provides a threat to the whole
but does not necessarily mean a total loss. This system of checks and
balances which we enjoy under the U.S. Constitution provides the
opportunity of correcting the wrong, throwing the rascals out and
preserving the Union. The name itself says it all, the United States of
America, not a collection of federal regions controlled and run by the
unelected elite.
In diversification of authority and power, there is security. States'
rights themselves provide that service and when united in a Union
provide a formidable structure against attack from without and
subversion from within. To weaken that structure, the states and their
rights must be dissolved. The Newstates (regions) and this infamous
constitution would weaken the Union and make us vulnerable to these
vultures who want America for their own.
Certain powerful forces hope to replace the freedoms guaranteed in our
Constitution by their own dictatorship--a cleverly disguised
dictatorship. It has been planned to resemble superficially the
government we have now, so that we will not recognize it for what it
is--until too late.
They are using every propaganda trick at their command to make us lower
our guard. For years they have been working through groups too numerous
to list, orchestrating their efforts to force a "New Constitution" on us
while the people of America slumber, unaware of what is happening.
In 1964 a tax-exempt foundation, the far left, internationalist "Center
for the Study of Democratic Institutions," an offshoot of the
multibillion dollar Ford Foundation, began writing a "New Constitution."
It took ten years and hundreds of thousands of tax-free dollars to
write. The final version was prepared under the leadership of Rexford G.
Tugwell, well-known in the 1930's as one of FDR's "brain- trusters."
The "Newstates Constitution" is a blueprint for the slavery of the
American people. It is a document you should know and understand to
comprehend the conspiracy that powerful forces in America have entered
into in order to snap the manacles of an international dictatorship on
the arms and legs of America.
This 32-page document contains, in addition to the complete text of the
"Newstates Constitution," a review by Col. Curtis B. Dall, Chairman of
Liberty Lobby, and a commentary by E. Stanley Rittenhouse, Liberty
Lobby's Legislative Aide. Colonel Dall is a former investment banker who
has been connected with the federal banking-political complex at the
highest levels. He is also a well-known author and lecturer.
=================================================================
L I B E R T Y L O B B Y
(202) 546-5611
300 Independence Ave., S.E.
Washington, D.C. 20003
=================================================================
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================== Document Number Three ==================
================== ==================
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A Review of the
Proposed Constitutional Model for the Newstates of America
By Col. Curtis B. Dall
*Opening Comments*
This document was "hatched" in the Center for the Study of Democratic
Institutions in Santa Barbara, California, under the direction of
Rexford Tugwell, working with scores of collaborators for about ten
years. It is largely the distillation of a book written by him,
entitled, "The Emerging Constitution," published in 1974 by Harper and
Row, for a small, select group of readers. It contains twelve Articles
and is offered as a substitute for our time-honored, magnificent
Constitution. Tugwell's document would foist upon unalerted Americans a
new, deceitfully worded "Constitution" tooled up for a Police State
under a Dictator!
Rex Tugwell, I can readily recall, was a well-known, Far-Out Liberal of
the New Deal Era, a friend of Nelson Rockefeller who, reportedly, is
also much interested in the promotion of this subversive new
"Constitutional Model" with its varied overtones for a Dictatorship.
Just why should any group of Americans take it upon themselves to
gratuitously present to the American people a NEW Constitution to
replace the one which as served the country so outstandingly over the
years? Why attempt to tear down and overthrow our form of government by
setting up, in its place, a Soviet-type, Godless Dictatorship, depriving
the Individual American of Free Enterprise and personal Liberty?
Evidently, it is because a few super-rich men, devoid of loyalty to
country, expect, along with some of their Satellite Corporations, to
profit greatly by assisting in the development of a One-World, Socialist
State which they expect to control.
Their subversive planning will ultimately fail, once loyal Americans
understand their monstrous plan.
I have read Dr. Peter Beter's very penetrating, brilliant analysis of
this proposed new Constitution, which he wrote as an aroused lawyer.
This review of mine will represent the point of view of an aroused
layman, emphasizing certain "key points" for those who are unsuspecting,
and, therefore, unalerted--those who find it hard to believe that a few
wealthy, politically- perverted-minded individuals, and their well-kept
stooges, would stoop so low as to stick a knife in the back of their
fellow- Americans and attempt to destroy the fruits of 200 years of
struggle and great achievement here. A struggle for the advancement and
well-being of Free Men, in our enlightened, Constitutional Republic.
This abortive "New Constitution" pretends to follow the language of our
own Constitution. Lying just beneath some sweet- sounding, misleading
words, however, are potential Subversion, Malfeasance, and perhaps,
Treason. Tugwell, the individual, and all sponsors of this Plan should
be tried by the Courts and punished for their adjudged crimes against
their country and their fellow-citizens, and the charters of all
sponsoring and contributing Foundations voided. For those who, with
intent, have arrogantly attempted to turn back the clock and aim to
plunge us all into miserable servitude, just what punishment is adequate?
These comments are made to provide a preface for my review, which follows:
*Preamble*
(a) It welcomes the future "in good order." Just what does that really
mean?
(b) "To create an adequate and self-repairing Government." If our
present Government needs some minor repairing, why not carefully
consider the matter for possible improvement? Why even consider a new
form of Government that might be "self- repairing"--by command coming
from a Dictator? Why change the entire form of a highly successful
Government for free people to one controlled by iron-clad Dictatorship?
Note. "We, the people, do establish the Newstates of America, herein
provided to be ours--" Well, what would we have then? What, in contrast
to that which we have now? Today, we have a noble document, far, far
removed from a "concensus for Collectivism"--a dangerous phrase which we
occasionally hear from Internationally-influenced speakers in their
efforts to further the aims of the super-rich Corporate Socialists. The
emphasis in the Preamble, and throughout, is to favor BIG Government and
down-grade The People. This is the complete reverse of our own
Constitution.
*Rights and Responsibilities
Article 1.
"A" Rights.*
Section 1. Note the "exception." Who is to define "the emergency?"
Section 2. Another "exception." Also note the word, "Privileged."
Section 3. This is vague, but carefully phrased.
Section 5. "The Court of Rights and Responsibilities" can decide whether
or not you have been guilty of "discrimination"-- This is harassment.
Section 6. What determines "eligibility?"
Section 8. "The practice of religion shall be privileged"-- a very
dangerous statement. This could deny our present Constitutional Right to
the "free exercise thereof."
Section 10. Note "National Sharing Fund"--Quite a "gimmick."
Section 11. Who is to define the "appropriate tests of eligibility" for
education?
Section 12. In referring to "compensation," the word, "just," is
flagrantly omitted. A serious and ominous omission.
Section 15. Who is to declare the "emergency?"
*Article 1
"B" Responsibilities.*
Section 1. "A corresponding responsibility" is vague, and could be quite
dangerous.
Section 6. "Fairness to all"--sounds nice, but very vague.
Section 8. Citizens shall be deprived of their arms. This is the age-old
"gag" of all tyrants, their favorite technique, to first deprive all
law-abiding citizens of their means of protection from assault.
Section 11. Aimed to "muzzle" Retired Officers of the Armed Forces. Why.
*Article II.
"The Newstates"*
Section 1. "There shall be Newstates"--This is very subversive,
inflammatory and communistic. Note "The Boundary Commission" and its
extensive proposed powers "to decide." This is complete Regimentation.
Section 2. NO.
Section 3. NO. Too much "planning" (to submerge the individual.)
Section 4. Note "electoral Overseer."
Section 11. So-called "States Rights" are subject to "Emergency" rulings
by the Governors, with the approval of the Senate of the Newstates of
America, so all States' Rights hang on a very slender thread. Hence,
they are down-graded.
Section 12. Suggests a Police State.
Section 13. Again, "The Boundary Commission" appears, with firm control
over the "Newstates."
Section 15. Looks very much like a Police State set up. A club over the
"Newstates" wielded by the "Watchkeeper."
*Article III.
The Electoral Branch*
Section 1. This is something new for greater control over the people.
Section 4. Note, "Recognition by the Overseer."
Section 5-8. "The Overseer shall promulgate rules for party conduct..."
Section 11. "Expenses of the Electoral Branch" to be met by an added 1%
to the net taxable income of taxpayers...for disposition by the
Overseer." Sounds, again, like a Police State.
*Article IV. The Planning Branch*
Section 1. "There shall be a Planning Branch to formulate and administer
plans and to prepare budgets..." Evidently, the individual is not
expected to do any planning on his own account. His "day" is supposed to
be over.
Section 2. "National Planning Board of 15 members appointed by the
President for terms of one to 15 years...the president shall appoint a
Chairman to serve for 15 years." Quite an important appointment.
Section 5. "...(these plans) to represent national intentions tempered
by the appraisal of possibilities." This is intentionally vague; a form
of "Soviet-type" Regimentation, pointing to a loss of Freedom for the
Individual. "National life," is a reference to a "Super State."
Section 8. More Regimentation.
Section 9. "There shall be submissions..." This is to control, or
actually kill Free Enterprise: the destruction of personal liberty.
Section 10. "Violations...shall be at the risk of the venturer, and
there shall be no recourse..." This is a pure Police State set-up..
Section 14. This is intended to be far-reaching and is very dangerous.
It is a well-concealed "Give-Away" to help promote "International
Agencies." It amounts to a "Blank Check" for Foreign Aid.
*Article V. The Presidency.*
Chancellor of Financial Affairs... Here is great power, not spelled out,
but a sort of "Blank Check." Emphasis is on foreign nations, but no
reference as to how we can improve our present bankers' system of
privileged thievery of national assets. No mention at all. Very
dangerous and quite unacceptable, to even contemplate.
Chancelor of Military Affairs...very dangerous: "emergency" appears, again.
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." Too much power in the hands
of the President. He is to be the strong man.
Section 11. This means complete control--so necessary for a Dictator.
Section 13. "There shall be a Public Custodian, appointed by the
President, who shall have charge of properties belonging to the
government...building, construction and rentals..." (and may have other
duties). The familiar "blank check" treatment, again.
Section 14. There "Shall be an Intendant" to supervise Offices for
Intelligence and Investigation also "an Office of Emergency
Organization." The "Intendant will also "charter non- profit
Corporations or Foundations" for useful public purposes" ... "exempt
from taxation." Useful to whom? Why exempt from taxation? Firm
Regimentation.
Section 15. "The Intendant shall ... be a counselor for the coordination
of scientific and cultural experiments and for studies within the
government and elsewhere." Note that word, "elsewhere."
*Article VI. The Legislative Branch.
"A" The Senate*
Section 1. Note "if they so desire"...Who are "they?" All hand picked
from a top group around the President.
Section 2. Retirement can be voluntary. Life membership.
Section 3. "...elect as presiding officer a Convener" "for two years"
Section 4. A quorum will be 60% or more.
Section 6. "The Senate may ask advice from the Principal Justice
concerning the constitutionality of measures before it."
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..." When the Senate is dispersed
would be a good time for the President to declare an "emergency."
Section 10. Note the word, "abroad." This is more veiled international
meddling in other nations' affairs to further the financial interests of
the wealthy International Political Capitalists and their large
industrial satellites.
Section 11. "The Senate shall elect, or may remove, a National
Watchkeeper (who)...shall gather and organize information concerning
the...competence and integrity of governmental agencies and their
personnel, as well as their continued usefulness...and suggest the need
for new and expanded services...The Convener shall present the
Watchkeeper's findings to the Senate." Very fancy!
*Article VI.
The legislative Branch.
"B" The House of Representatives.*
Section 1. "The House of Representatives shall be the original
law-making body of the Newstates of America."
Section 2. "It shall be a duty to implement the provisions of this
constitution..."
d. "To assist in the maintenance of economic stability, the
President may be authorized to alter rates by executive order."
This clearly bears the mark of a contemplated Dictatorship.
5. Very wide-sweeping and vague, but all-encompassing.
8. This is also very "fancy" and far-reaching. What is "world order"
and who determines it? Here again, the benefit is for a wealthy few
who are to be groomed to be our appointed World Policemen. The
people are to bear the great expense of this treasonous policy aimed
at the destruction of the freedom- loving people of this country.
10. This is clearly meddling in other nations' affairs so that some
Super Capitalists can thereby extract a profit. This is sheer,
self-serving socialist nonsense on an international level to help
the international-type Rockefeller- Group-controlled corporations.
11. Vague, of course, and dangerous. Who defines "adequate" and
&nbs