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An amendment proposal...
ARTICLE
Preamble. This amendment to the Constitution of the United States is
intended to address interpretational issues of the same.
Should it not pass within seven (7) years from consideration
then it shall be deemed removed.
Section 1. We the people re-affirm our role as the sole fundamental
authority in the United States of America. All other political,
civil, criminal, and legislative authority derives from it.
Re-affirming the integrity and respect due the 9th and 10th
Amendments. And further clearly affirm the equality of the
federal & state governmental bodies with that of the people.
There is no heirarchy of authority between the three. We
further clearly stipulate that any right of the people is
to be fully and honorably respected to the individual.
Section 2. We the people re-affirm the supreme authority of the
Constitution over all courts and rulings thereof, including
the Supreme Court of the United States of America. As directed
by the 9th Amendment, no case brought before a judicial body
may be based on whether a citizen has a right not described
in the Constitution. And further, as required by the 10th
Amendment, all legislative and regulatory rulings shall be
delegated by at least one sentence in the Constitution, without
exception. When making consideration of such Constitutional
support the Constitution must be considered point by point and
as a whole.
Section 3. The exact nature of the 1st. Amendment and Congressional
authority has been brought into consideration. The 1st Amendment
coupled with the 9th and 10th Amendments clearly stipulate that
these issues are resolved at the state or individual level. All
current and future legislation must respect these, and other,
prohibitions in the Constitution of the United States of
America in full and without exception.
Section 4. The exact nature of the 2nd. Amendment and Congressional authority
has been brought into consideration. The 2nd Amendment prohibits
any law, not just Congress as in the 1st, from prohibiting the
ownership of firearms to the people. This does not mean that
both private and public agents may not regulate the carrying
and use of such weapons within their authoritative bounds. It
is to be further clarified that no national requirement for
registration or licensing is permitted. States may license
within the bounds of their individual constitutions.
Section 5. To clarify the reporting requirements of the national budget it
is directed that such reports be made in full and in public
every 20 years from the date of this amendment going into force.
The original wording is not sufficiently clear to enforce the
fiscal responsibilities of our elected officials. No federal
agency or agent thereof is exempt from this reporting
requirement.
Section 6. The concept of individual privacy is hereby clearly recognized
as being held by all peoples. No agency of any civil, legal,
military, or executive authority may infringe this right without
just cause. This right shall include all communications,
writings, storage media, and other technologies used in the
creation, execution, and storage. No authority within the
United States of America may prohibit the publishing of any
document or other media. The rights of ownership and copyright
shall be respected to the legal holder.
Section 7. While there is clearly a need for secrecy of governmental
workings to protect the national interest, there is no need in
a democracy to have this be carried indefinitely. It is to be
directed that all materials held in any form or manner by
the federal government or its agents shall be released in full
to public scrutiny via the Library of Congress. These documents
shall be required to be released 20 years after their initial
creation. In some cases Congress may feel it necessary to extend
this time limit. In whatever case Congress may not extend that
lifetime in secrecy past 100 years from intial creation of the
material.
Section 8. A clarification of copyright. While it is clear that the
author of a work should derive a period of just compensation
from being a sole rights holder that requirement should not
extend indefinitely. Congress is directed to decide on a just
suitable time period for sole rights expression. At the end
of that time all sole rights become public domain. The long term
public good demands it.
Section 9. Abortion is a social issue of which we recognize no clear
solution without repressing some civil liberties. Since we
are prohibited in principle and print from such actions we
must decline authority in these issues. Per the 10th Amendment
we recognize the supremacy of the state constitutions and
legislative bodies in this matter. However the individual
states may decide the issue the federal government will provide
full support and protection to each from violent oppossition
from within or without the individual states.
Section 10. The federal government is required to guarantee representative
governments in all states. This does not include requiring any
particular form or function within those states representative
governments, only that they be representative. The federal
government may not withhold federal services or resources of
which state derived tax dollars are involved even if a state
is in direct violation of federal laws and regulations.
Section 11. The use of military forces or its resources in and for civilian
law enforcement operations within the borders of the United
States of America, and its territories and protectorates is
prohibited. This prohibition is specificly to include in times
of war or civil unrest. The only permissible use of such forces
is in disaster recovery and in those cases they are released to
state control. The only Constitutionaly authorized force for
insurrection and civil unrest is the Militia. It is permitted
to transfer a unit from the regular military to the militia.
Such a transfer requires all lines of authority and
responsibility to derive from the militia. Such a move must
be authorized by Congress except in times of war where such
authorization is considered implicit.
Section 12. Membership in the military, law enforcement, or other civil
position is sufficient for the infringment of any civil
liberties. Democracies don't give up democracy to protect
democracy.
Section 13. Public law enforcement agents are prohibited from unnecessarily
putting the people in danger. This shall include actions or
rulings which put the people in danger. We further stipulate
that the police are to be held accountable for their actions
which result in negligent or criminal consequences. The concept
of civil or legal agents being exempt from consequences because
of office are repudiated. The people who swear an oath to uphold
the laws of this land are not exempt in any situation from
those laws.
____________________________________________________________________
To know what is right and not to do it is the worst cowardice.
Confucius
The Armadillo Group ,::////;::-. James Choate
Austin, Tx /:'///// ``::>/|/ [email protected]
www.ssz.com .', |||| `/( e\ 512-451-7087
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