Saturday, January 28, 2012

PROPOSED 28th AMENDMENT


PROPOSED 28th AMENDMENT


1.                 All citizens who attain the age of majority shall automatically be registered to vote in the district where they reside upon attaining the age of majority.  Voting in all federal elections shall be compulsory, and any citizen who is eligible and does not vote may be required to serve 3 months of extra jury duty or community service.  Interference with, infringement upon, or abridgment of a persons constitutionally protected right of franchise shall be a felony and shall permanently disqualify the infringer from holding federal state or local government offices,  government employment, employment as or for any government contractor or any affiliate status.  

Each State, Commonwealth, Territory, or First Nations Reserve, shall be responsible for issuing secure voter identification to every citizen residing in their jurisdiction, and shall have 2 years to effectuate the same, After 2 years said governments shall not seat their congressional delegation, nor shall they vote for the president or vice president, until they have provided at least ninety percent 90% of its total adult persons, and 80% of persons making up its historically marginalized groups of adult persons with secure voter Identification. 

Elections for Federal office shall be held on not less than three consecutive days, the first Monday through Wednesday in November. It shall be a felony for anyone to campaign one week or less before an election.  Except that the government may provide wide spread information on where and how to vote.  

The Congress shall promulgate penalties to state governments, state executives, legislators, officers, employees and contractors for violations of these provisions. 
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2.              No person nor entity, whether governmental, public, or private shall infringe upon the Human Rights, Civil Rights, or other Rights, Privileges, or Immunities of Citizens of the United States nor the Citizens of any State, Commonwealth, Territory, First Nations Reserve, nor any political subdivisions thereof. 

It shall be the duty and jurisdiction of Article III Courts to ensure due process and equal protection under the law for all persons, and that that no governmental entity effectively silences, underrepresents, or marginalizes a subset group of its population based on that group's race, religion, creed, color, skin tone, caste, gender, sexual orientation, nor any other inherent trait of persons, nor any trait used historically to discriminate for unequal application of the law or denial of due process, Nor by political party or political affiliation. 
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3.               The Department of the Treasury, all taxation, all revenue collection, and all spending shall be seated under the Congress and shall report to the Speaker of the House of Representatives. The Speaker of the House of Representatives shall appoint the Political appointees in the Treasury Department and it shall be the providence of the Senate to ratify said appointments by a majority vote. The Executive Branch shall only be entitled to spend those funds that the congress approves, in the way that the congress approves them, and shall not impound funds by refusing to spend funds in the manner in which the Congress prescribes. Any attempt by an executive or executive appointee to violate this clause shall be an impeachable offense.  
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4.                On every ballot, for every seat of every representative body under the jurisdiction of the United States, or any of its States, Commonwealths, Territories, or First Nations Reserves, or any political subdivision thereof, the first choice on the ballot shall read "No Candidate Below." 

If "No Candidate Below" wins a majority of the votes cast, a new election must be called and conducted within three months. During the new election all candidates on the previous ballot shall be barred from running. No State executive or legislature may make temporary appointments to seats where "No Candidate Below" wins a majority of the votes cast.
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5.             No person shall serve more than 20 years in the Congress. No person shall serve more than 2 terms in the Senate. No Person shall serve more than 6 terms in the House of Representatives.

This repeals the 22nd amendment and replaces it with the following: No person shall serve as President or Vice President more than 12 years combined, in either or both offices. 
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6.              Whenever the Congress allows the Executive's rule-making powers to amount to, or result in, the effect of making law or binding rules, the Congress shall appoint a committee of not less than twenty Five (25) members of the House of Representatives and three (3) members of the Senate to together oversee each executive rule making body and said congressional committee shall, by a majority vote, approve or deny each rule promulgated by the executive before it may be implemented. In the event that the Committee votes to deny a rule, the Executive may demand a "yes" or "no", role call, floor vote, by the full Congress, on said rule and only said rule, and said floor vote shall be held in each house within 90 days of the appeal by the Executive.
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7.                 This Amendment repeals the 17th Amendment and replaces it with the following:

To insure that Senators be highly regarded statesman that put the Nation, and the State before any association of persons, the Senate of the United States shall be composed of two Senators from each State, elected for six years; and each Senator shall have one vote in the Senate. The method of filling each Senate seat shall alternate term to term, equally, between the following: First by a vote of two-thirds of the legislature of the state; Then in the next election cycle, by a majority of the votes cast by the citizens of the State.

Senators may be recalled by special recall election, when ten percent (10%) of enfranchised constituents petition the legislature of the Senator's state, the State shall hold a recall election. Other rules for recall may be determined by a vote of two-thirds of each State's legislature, and signed by its executive. No State's rules may so encumber recall procedures so as to effectively preclude or hinder recall.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: provided, that the legislature of a State may empower the executive thereof to make temporary appointments until the vacancies are filled by special election. Failure on the part of the legislature of a State to appoint a Senator in the regular process of appointment shall not constitute a vacancy to be filled by executive writ or special election. No senator who has been recalled may be re-appointed by a State's legislature or Executive.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. 
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8.             For all representative bodies within the jurisdiction of the United States or of any of the several States, Commonwealths, Territories, or First Nations Reserves, or any political subdivision thereof, that are based on population size, the total number of Representatives shall be equal to the cubed root of the population of the jurisdiction being apportioned as set after each decennial census. 
(***NOTE TO READER:  Current number would be 693 members in Congress)
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9.              All representative bodies within the jurisdiction of the United States or of any of the several States, Commonwealths, Territories, or First Nations Reserves, or any political subdivision thereof, that are based on population size, shall use the "shortest Split line algorithm" ie. the following mathematical formula for the drawing of constituency boundaries: 

        1.  Start with the boundary outline of the state.
        2.  Let N=A+B where A and B are as nearly equal whole numbers as possible.
        3.  (For example, 7=4+3. More precisely, A = ⌈N/2⌉, B=⌊N/2⌋.)
        4.   Among all possible dividing lines that split the state into two parts with population ratio A:B, choose the shortest. (Notes: since the Earth is round, "line" more precisely means "great circle." If there is an exact length-tie for "shortest" then a tie breaker between the lines shall favor using the line closest to North-South orientation, and if it's still a tie, then use the Westernmost of the tied dividing lines. "Length" means distance between the two furthest-apart points on the line, that both lie within the district being split.)
        5.     After the process is completed once there will remain two hemi-states, each to contain a specified number (namely A and B) of districts. The commission will then treat them recursively via the same splitting procedure.  (If any residence is split in two by one of the splitlines the residence shall be declared to lie in the most-western (or if the line is EW, then northern) of the two districts.)

(*NOTE TO READER: For more information on the Shortest splitline districting see: http://rangevoting.org/SplitLR.html )  (https://www.youtube.com/watch?v=kUS9uvYyn3A)

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10.               All representative bodies within the jurisdiction of the United States or of any of the several States, Commonwealths, Territories, or First Nations Reserves, or any political subdivision thereof, that are based on population size, shall be elected according to the Score/Range Voting system. 

Any political party that wins three percent or more of the total number of votes cast, nation-wide, in any Presidential election, shall appoint one voting member to the U.S. House of Representatives for each of the next two terms. said voting members shall be added in addition to the number of members calculated by the cubed root formula.

When vacancies happen in the representation of any State in the House of Representatives the executive authority of such State shall issue writs of election to fill such vacancies: Provided, that the legislature of a State may empower the executive thereof to make temporary appointments until the vacancies are filled. 
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11.               The dealings and deliberations of the Congress, and all rule making bodies shall be public.  All legislation passed by the Congress must be in plain language and able to be easily read and understood by the general public.   Neither the Congress, nor any Rule making body may vote on, nor pass any piece of legislation, or rule, that is too long or cumbersome for the public to easily understand.  All legislation proposed by the Congress shall be transparently and conspicuously made public. Excepting an emergency, the Congress shall not pass any legislation nor any amendment thereto that has not been first presented to the public, in the most transparent, most conspicuous, most obtainable, and most usable way possible, for a period of at least tone fortnight prior to it being voted on.  It shall be the Jurisdiction of Article III Courts to determine if legislation violates this section.  
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12.              The Supreme Court shall be amended as follows: 

No member of the Supreme Court shall serve more than 18 years. Seats on the Supreme Court shall filled at 2 year intervals. 

Each state shall have at least one Article III District Court as the Court of first instance, and there shall be  at least one appellate level Court for every 3 States, Territories, Commonwealths, or First Nations Reserves in the union, apportioned as close to the jurisdictional boundaries and with as equal population numbers between districts as is reasonable.
 
At Congress' discretion and by a 2/3 majority of both houses, the Congress may add temporary adjunct Justice seats to the Supreme Court, in groups of 2 seats, to assist the Court in its caseload. Any said adjunct Justice seats that are added shall remain until the Congress votes by a 2/3 majority vote of both houses of the Congress to reduce or increase the seats on the Court. Adjunct Justices shall be chosen at random from all Federal Appellate Judges, shall then be elevated from the Appeals Court to Adjunct Justice, shall serve for a 3 year term, then return to their Appeals Court.  Adjunct Justices shall not require a new Senate confirmation vote, The Senate shall consider that each Appellate Judge could become an Adjunct Justice at random and shall conduct their confirmations accordingly.  

Whenever Adjunct Justices seats are approved the Supreme Court may choose to manage its docket by assigning seven Justices at random to hear and decide cases. 
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13.             It shall be a felony for a Member of the Congress, any party in the Executive branch including the President and Vice President, or any party within the Courts, nor any governmental official, officer, employee, or contractor, to engage in self dealing, using any insider information to enrich themselves, or receive any emoluments or favors of any kind, from persons or entities (except campaign donations from real persons in being, and solely for the express purpose of campaigning for office, which funds shall be audited from time to time), or to engage in unethical practices in the execution of the duties of their office. Said felony shall be a disqualifying event from allowing said person to ever hold any office or consultancy, or employment with any level of government, within the boundaries of the United States.  

No government elected official, nor appointed official, nor officer, nor employee, nor contractor shall be exempt from any rule or law governing the public, without an express and three-fourths (3/4) majority vote of both houses of the Congress and the ethics commission. If it is prohibited for the population, it is prohibited for all persons working for or one behalf of the public and the government. 
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14.             All persons elected, employed or in any way subject to any of the three co-equal branches of government, shall adhere to ethics rules and punishments promulgated by an Ethics Commission independent of the three co-equal branches of government.    

Each person appointed to the ethics commission shall be a citizen of the United States for the previous 10 years, and during which time shall not have served in any government office, elected nor appointed at any level of government, excepting professors of ethics at public institutions. 

Ethics commissioners shall serve a term of 3 years.  No person may serve more than 2 terms on the commission. One third of the ethic's commission shall be appointed each year. So that for the first set of appointments, one third of the jurisdictions appointing shall appoint a commissioner for 1 year, one third shall appoint for 2 years, and one third shall appoint for 3 years. This shall be decided in alphabetical order in groups of three. 

Each State's, Commonwealth's, Territory's, and First Nations Preserve's legislature shall appoint one member to the ethics commission by a vote of 3/4 of the legislature.  Failure to appoint shall mean that said jursidction shall forfeit its seat on the commission until it appoints its member.  

The Congress may impeach and remove a member of the commission by only by 2/3 majority of both houses.  

An appointing legislature may impeach or remove a member of the Commission, for any reason, by a 3/4 vote of its legislature. 

Ethics Commissioners shall execute their duties without respect to any party affiliation. All communications between commissioners and others, respecting the commissioners duties, or wherein the commissioner might receive a gain of any kind, shall be made public.  It shall be a felony for a commissioner to engage in unethical practices in the execution of the duties of the commission. 

The Congress must adequately fund the commission to perform its work. The Commission may at its discretion hire or appoint a staff necessary to accomplish its work. Congress shall appropriate funds necessary for the commission to do its work, Congress may not defund the commission, nor may Congress, nor the Executive or any agency thereof, nor the Courts do anything to prevent the Commission from doing its work. It shall be a felony for Congress or the Courts, or any Executive Branch member or employee to interfere with the mission and workings of the ethics commission. 

The ethics commission shall have jurisdiction to nullify, by a majority vote of its members, but only as to the Courts, the Congress, or any person in the Executive Branch, any benefit or privilege passed by the Congress that only or primarily, unfairly, or disproportionately comparative to the general population, benefits any government official, employee of the government, or a party not deemed to be arms length from government officials.  Such power shall be in the sole discretion of the commission. 

The commission may not remove a member of Congress, member of the Executive, or Judge, or Member of the Supreme Court from office, but may devise punishments fitting to violations of its promulgated rules and may recommend criminal prosecution or removal from office. 

If criminal prosecution is recommended by a majority vote of the commission, a special prosecutor shall be appointed by the Commission and shall operate independently to prosecute the the crimes discovered by the special prosecutor or commission, the other co-equal branches of government shall not interfere with, or exercise any control over the special prosecutor. 

If recommendation for removal from office is made by the commission, then the house of representatives  must, within thirty-six hours, hold a public, "yes or no", role call, floor vote, during the hours of 9 a.m. to 5 p.m., to decide the issue of removal of the member.  All members of the house must attend and vote yes or no as to the removal vote. 

If the commission recommends removal of a member of Congress and the House of Representatives does not remove the member, a recall election must be scheduled within 90 days to determine if the voters of the district wish to remove the member of the Congress, if a member of Congress is convicted of any crime that was investigated by or recommended for prosecution by the ethics commission said member shall be barred for life from holding any further federal office, employment, honor, or any federal appointment. 

Where the Commission recommends removal of a member of the Supreme Court or any lower Court, or any party in the Executive branch, the Congress must conduct an impeachment investigation, and must hold a floor vote on impeachment of the accused within a month of the recommendations' delivery to the Congress. 

The Commission's power does not supplant the Congress's power of investigation and impeachment, but is preliminary thereto and the Commission's findings shall be delivered to the The Congress for use in its investigation and impeachment proceedings.  
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15.             All contributions to political campaigns, or ballot measures, anywhere within the United States, and any State, any Commonwealth, any Territory, any First Nations Reserve, and any political subdivisions thereof. shall be sourced to their original contributor, who must be a real person-in-being, and citizen of the United States that has attained the age of 16 years at the time of contribution.  Where a contribution is monetary, or in kind, A contributor may only contribute to candidates and ballot measures in the district in which the contributor has been registered to vote for the prior two years.  Where the contributor is contributing their own time, without any compensation of any kind, to anyone, they may contribute to any campaign in any jurisdiction. 

It shall be a felony for any non-real person in being, a non-human entity, or association of persons, to contribute to a political race, or ballot measure, or a candidate, or campaign for office.  

For all political campaigns and issues that appear on a ballot, A contribution level, below which non-disclosure shall be permitted, may be promulgated by the Congress but shall only be implemented by a three-fourth's majority vote of both houses of the Congress, signed by the President, and then passed by a plebiscite of a 2/3 majority of all United States Citizens who are eligible to vote and shall be held at the same time as a Presidential election.  Such a non-disclosure referendum, if implemented, must expire not more than every twelve years. 

Where an issue is on a ballot, it shall, during the fourty-eight months prior to the vote, be a felony to use contributions originating outside the jurisdiction of the ballot measure to sway voters within the jurisdiction. It shall be a felony to conceal the identity(ies) of contributors to a campaign or ballot measure. 

Non human entity media and publication platforms may allow campaign messages, and public participation, but may not in any way promote one candidate, or ballot measure result over its competitors without loudly and conspicuously stating their bias in every way and every time any measure is used to accomplish said goal. It must also publicly and conspicuously disclose any methods used to accomplish said goal.  And must also provide equal time to the countering campaign message.  No foreign owned or controlled entity may participate in the political process.  

Any non human entity found in violation of these provisions by an Article III Court shall be dissolved and liquidated and a portion of its assets, as determined by a mandatory vote by congress within 90 days of said adjudication, shall be seized and used as a supplement to promulgate the work of the ethics commission, and its directors and officers or controlling persons, shall face personal joint and several financial liability.   

Any person convicted of violating these provisions shall be guilty of a felony, and shall be barred from holding any office, employment, or contract, of the United States, nor any State, nor Commonwealth, nor Territory, nor First Nations Reserve, nor any political subdivisions thereof.