A New Constitution for The United States of America
SECTION 1. The Bill of Rights
1. All governmental powers shall be subject to the individual rights of citizens as they are set forth in this section, and such rights shall not be abrogated by any branch or level of government. All legislation enacted by the Congress, whether with or over the veto of the President, all executive orders issued by the Executive Branch, and every decision of the United States Supreme Court, shall be subject to Citizen Referendum.
2. Every citizen of these United States, whether by birth or naturalization (The People), shall enjoy the following rights, privileges and immunities which are held to be inviolate and inalienable. Such persons as may be found in the United States or who are otherwise subject to its jurisdiction shall enjoy the rights and privileges set forth below for 'persons':
Government shall neither establish nor endorse any religion, nor shall it prohibit the free exercise thereof, nor provide public funds and resources to any religious institution. No law or act of Government shall abridge for any persons the individual freedom of speech, or that of the press; or the right of The People peaceably to assemble, or to petition the Government for redress of grievances. The aforementioned rights and freedoms shall be preserved by government with respect to the traditional public forum and commons and to such electronic extensions in cyberspace such as the Internet, social networks, and such other technological realms as may in future exist.
The right of citizens to keep and bear Arms is affirmed, subject to such reasonable limitations as may be necessary to secure the public health and safety.
The right of any person to privacy and security in and about the home is essential to a free society. Government shall make no law allowing the forced entry of a dwelling without consent of the dweller, but upon the order of a magistrate, after a showing of probable cause of a crime, in a manner to be prescribed by law.
The right of persons to privacy, and to be secure in their persons, houses, papers, private communications, and effects, against unreasonable surveillance, searches, and seizures, shall not be violated, and no Warrants or other authority shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized or observed.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall persons be compelled in any criminal case to be a witness against themselves, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken except as punishment for a crime, or for a compelling public use, and in the later case with just and adequate compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by a representative and impartial jury in the State, Territory, or District wherein the crime was alleged to have been committed, and to be swiftly informed of the nature and cause of the accusation; to be promptly informed and confronted with the witnesses and evidence against, and to have compulsory process for obtaining witnesses in favor, and to have the effective assistance of Counsel for a defense.
In Suits at common law or in equity where the value in controversy shall exceed one month's national median wage, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, other than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted, nor shall any person be subjected to torture or indefinite detention. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion followed by an executive order imposing martial law, the public safety may require it. No person shall be put to death as punishment by the United States except as may be necessary during time of war.
The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by The People.
The powers not delegated to the United States by this Constitution, nor prohibited by it to the States, are reserved to The People respectively, or to the States.
The ultimate human dignity to determine the time, place, and manner of one's death shall not be denied or abridged by the United States or by any State, Territory, or District.
The right of persons in the United States to essential medical care shall not be denied or abridged by the United States or by any State, Territory, or District. The right of female persons in the United States to seek or obtain termination of a pregnancy shall not be denied or abridged by the United States or by any State, Territory, or District, during the first and second trimesters thereof. Equal access to medical care shall be provided to all persons regardless of their race, religion, color, ethnicity, gender, disability, sexual orientation, social or economic status.
Neither slavery nor involuntary servitude, except as a punishment for a duly convicted crime, shall exist within the United States, or any place subject to its jurisdiction.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State, Territory, or District wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State, Territory, or District deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State, Territory, or District on account of race, religion, color, gender, disability, ethnicity, sexual orientation, social or economic status, or previous conviction of a crime for which the punishment shall have been satisfied. No Tax or monetary requirement shall be imposed on any citizen as a condition for voting. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State, Territory, or District on account of age.
The right of citizens of the United States to a secular public education at public expense in the place of domicile shall not be denied or abridged by the United States or by any State, Territory, or District. Every parent shall have the right to enroll a child in a public school in the local community without regard to race, religion, color, gender, disability, ethnicity, economic status, citizenship, or previous conviction of a crime, or in such other private school in such other place of choice at his or her own expense. The details of the curriculum taught and methods of instruction shall be determined in each community by the parents and faculty of each school without interference by the United States or by any State, Territory, or District. All persons shall enjoy equality of opportunity to public post-secondary schools, colleges and universities in their State, Territory, or District of domicile without regard to race, religion, color, gender, disability, ethnicity, sexual orientation, social or economic status, national origin, or previous conviction of a crime for which the punishment shall have been satisfied.
The right of citizens of the United States to on-line access for their effective and informed participation in government is self evident. The United States shall provide every citizen with convenient local on-line access to the proceedings, records, files, papers, calendars, and official communications of all branches of government to the full extent consistent with the national security interests and the personal privacy rights of individuals. Such means as may be necessary to prevent abuse and fraud shall be employed in these public networks for the conduct of voting and citizen referenda so as to support the widest unfettered secure access to every citizen by using current technology. The Congress shall take such action as may be required to encourage maximum participation in government by the citizenry, and to ensure full and open disclosure of the government to the public.
The right of persons to come together and form professional associations and trade unions, whether in the private or public sector, shall not be denied, impaired or abridged by the United States or by any State, Territory, or District. The rights of workers to collectively bargain and to engage in peaceful demonstrations and work actions shall not be denied, subject only to such reasonable limitations in the military services and other public sector positions as may be required for national security or public safety considerations.
SECTION 2. The Congress and The House
1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The Congress shall assemble at least once in every year. Every member of Congress shall maintain a site containing a full and current financial disclosure, a complete record of all voting to date, a complete calendar of meetings with all persons and organizations related to their official duties or to legislation, and such other information as Congress may deem appropriate.
2. The House of Representatives shall be composed of 435 members chosen by popular vote every year by the people of the several States; and no member shall serve more than ten years. No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State, Territory, or District in which chosen.
3. Representatives shall be apportioned among the several States, Territories, or Districts included within this Union, according to their respective numbers of citizens. The actual enumeration shall be made by national census every ten years, in such manner as each State, Territory, or District shall have at least one Representative. The division of a State, Territory, or District into Congressional Districts shall follow the existing natural political and geographic boundaries therein, without regard to race, religion, color, gender, disability, ethnicity, sexual orientation, social or economic status, national origin, or political affiliation.
4. When vacancies occur in the representation from any State, Territory, or District, the executive authority thereof shall fill them until the next general election is held.
5. The House of Representatives shall choose their Speaker, and other officers, and shall have the sole power of impeachment, which shall require a two-thirds majority of the members.
SECTION 3. The Senate
1. The Senate of the United States shall be composed of two Senators from each State, and one from each Territory or District, who shall serve for a term of three years; and each Senator shall have one vote. No Senator shall serve longer than fifteen years.
2. When vacancies happen in the representation of any State, Territory, or District in the Senate, the executive authority shall promptly fill such vacancies by temporary appointment until the people fill the vacancies in the next general election.
3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State, Territory or District for which chosen.
4. The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when such person is serving as President of the United States.
6. The Senate shall have sole power to try impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without concurrence of two-thirds of the members. Upon reaching such concurrence upon findings of fact, conclusions of law, and a proposed judgment, the Senate shall present them to The People, who shall vote as to the Judgement to be imposed.
7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall, if found to be in violation of criminal law, nevertheless be subject to additional punishment, according to law, after leaving office.
SECTION 4. Elections
1. The general elections for President, Senators, and Representatives shall be held on the first Tuesday of November and the polls closed by the end of that day in local time. No results whether preliminary, by polling, or other means shall be released or published until all polling places are closed. The place and manner of holding elections for President, Senators, and Representatives shall be as prescribed by law, and Congress shall make and enforce uniform regulations to facilitate and encourage maximum citizen participation in government and the electoral process.
2. The individual votes for President, Senators, and Representatives shall be tabulated electronicly by a National Election Bureau under the close supervision of the Supreme Court of the United States. The Chief Justice shall then promptly declare the results of the election to The People.
3. All elections for President, Senators, and Representatives shall be publicly financed so as to encourage a fair and open opportunity for citizens to serve in elective office. Congress shall impose strict limits on the ammount that candidates may expend in their election campaigns such that no person or entity may contribute more that one percent of the total ammount expended by any given candidate in any given election.
SECTION 5. Proceedings of Congress
1. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in January, unless they shall by law appoint a different day.
2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide.
3. Each House's proceedings will be open, and will be broadcast to The People in real time. Each House shall keep a record of its proceedings and publish same electronically and in text form promptly, excepting such parts as may in their reasonable judgment require secrecy by reason of national security, and as to such secret parts they shall be published as soon as the national security will allow. The yeas and nays of the members of either House, on any question, shall be entered in the record.
4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
5. Every bill which shall be introduced into the House of Representatives and the Senate shall bear the name of the legislator(s) who authored it, the date introduced, and any who endorse or sponsor it. Such bills shall be promptly published in the record of proceedings and all shall be brought to the floor for the ayes and nays no later than six months from introduction, together with such amendments and recommendations as have been approved in committee, and the committee roll call vote tallies appended.
SECTION 6. Duties and Privileges of Legislators
1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to or returning from the same; and for any speech or debate in either House, they shall not be questioned in any other government tribunal.
2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office.
3. Every Senator and Representative shall maintain an office in the Capitol and in the home district for the purpose of receiving and consulting with constituents, such offices to be uniformly staffed and paid for out of the treasury of the United States. Members of Congress shall make themselves available for consultation with their constituents on a fair and equitable basis by written, electronic, and voice means, and in person. No constituent shall receive more favorable access than any other.
4. During the three years preceding, while in office, and during the five years following a term in office no member of Congress shall accept from any person or entity, directly or indirectly, any money, gift, favor, or thing of value from any constituent represented or an behalf of any person or entity for whom he or she has or will cast a vote.
SECTION 7. Laws
1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.
2. Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, where if passed by a two-thirds majority, it shall become a law, subject to Citizen Referendum. In all cases the votes of both Houses shall be determined by yeas and nays, and the names of the person voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law until the Congress shall reconvene and the ten days shall expire.
3. Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, (except on a question of adjournment,) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
4. Every bill, order, resolution, or vote, passed by the Senate and House of Representatives, (except on a question of adjournment), shall, after being presented to the President of the United States; and before the same shall take effect, if approved by him, or, being disapproved by him, having been repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed, and every Executive Order of the President shall be presented to the People by means of a Citizen Referendum. No bill, order, or resolution of either branch of government shall take effect unless affirmatively approved by a majority of the citizens, unless certified to be critical to the national security of the United States. If so certified, the measure shall immediately be revoked and rescinded if subsequently not submitted to and approved by a Citizen Referendum.
SECTION 8. Powers of Congress
The Congress shall have power--
1. To lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense of the United States; but all duties, imposts, and excises, shall be uniform throughout the United States:
2. To borrow money on the credit of the United States, taking care that excessive debt not be accumulated:
3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes, taking care to preserve a free and competitive marketplace:
4. To establish an uniform rules of immigration and naturalization throughout the United States:
5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures:
6. To provide for the punishment of counterfeiting the securities and current coin of the United States:
7. To establish uniform laws on the subject of bankruptcies throughout the United States: -->
8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries:
9. To constitute tribunals inferior to the Supreme Court; to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations:
10. To declare war, order the cessation of military action, grant letters of marque and reprisal, and make rules concerning captures on land or water:
11. To raise and support armies, a navy, an air force, a marine corps, a coast guard, and such other branches of the armed forces as may be necessary for the national defense:
13. To make rules for the government and regulation of the armed forces:
14. To provide for calling forth the National Guard to execute the laws of the Union, keep or restore order, and repel invasions, pursuant to a declaration of emergency by the President and ratification by a two thirds majority of both houses:
15. To provide for organizing, arming, and disciplining the National Guard, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training according to the discipline prescribed by Congress:
16. To exercise authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings: and
17. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the Government of the United States, or in any department or office thereof.
SECTION 9. Limits on Congressional Powers
3. No bill of attainder, or ex post facto law, shall be passed.
4. Congress shall make no law that applies to citizens of the United States that does not apply equally to U.S. Senators and Representatives, nor shall the Congress make any law exempting its members from statutes applying generally to ordinary citizens of the United States.
5. No tax or duty shall be laid on articles exported from any State; no preference shall be given by any regulation of commerce or revenue to the one State over those of another; nor shall vessels, vehicles, or craft bound to or from one State be obliged to enter, clear, or pay duties in another.
6. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be promptly published electronically.
7. No title of nobility shall be granted by the United States, and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any foreign State.
SECTION 10. Limits on State Powers
1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.
2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the treasury of the United States, and such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign Power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
SECTION 11. War Powers
1. Whenever the Congress shall consider any Declaration of War, or any Act or Resolution that authorizes the commitment of the Armed Forces to combat, or the funding of such activity, only the votes of those Members who have previously served in combat, and those who have children or grandchildren currently on active duty with the Armed Forces of the United States of America shall be counted.
2. A two thirds majority of such votes shall be necessary for the passage of any such measure.
3. The maximum term of any such Declaration of War, Act, or Resolution that puts the Armed Forces into active combat shall be one year, although such actions of the Congress may be renewed and continued indefinitely after full and careful consideration.
4. Should the President commit the Armed Forces to active combat for any reason the Congress shall within thirty days of such action convene and, following the foregoing procedure, consider the prudence of such action, approve and confirm it. Failing such approval, the Armed Forces shall be promptly withdrawn.
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Last updated on November 26, 2012