Constitution (Proposed)
Go directly to pledge/oath.
This Constitution retains the bicameral legislative branch, much like the USA Founders designed it. Fortunately, it eliminates the historically wasteful and corruptible legislative-middlemen, those elected individuals who refuse to represent the People.
This Constitution eliminates failed legislative representation; replacing it with direct legislative rule by the People, starting at the foundation of the local town meetings, up through the counties, states, national and international levels of government,all the while maintaining bicameral legislative checks-and-balances. Such measures put to rest such fears of anarchy and mob-rule.
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Constitution --(proposed)
Contents: Preamble --Pledge/Oath The Foundation Definitions Legislative Powers The Executive Branch The Judicial Branch Open Records Amendment Process Debts Prior to Enactment Government Powers vs. Individual Rights Ratification Index
Preamble --Pledge/Oath:
We the People, do mutually pledge to each other our lives, our fortunes, and our sacred honor in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution.
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The Foundation:
The Founding Charter that created the United States of America is The Declaration of Independence, commonly accepted as dated July 4, 1776.
The formation of the United States national/federal government began with The Articles of Confederation. Within a few years, the Founders realized that The Articles of Confederation did not provide a sufficiently strong national government that could legally require funding from the States in order to adequately provide for their defense.
Recognizing the weaknesses of The Articles of Confederation, which tended toward anarchy, the Founders abolished this first form of government. They replaced it with what we now refer to as The Constitution of the United States of America (the 1787 Constitution). The 1787 Constitution outlived the Founders who did not see their government evolve into committing the same abuses and usurpations they identified in The Declaration of Independence: The very acts of tyranny so many lost their lives fighting against.
Had our Founders witnessed such actions today, their prior work speaks in such manner that the very least they might do is to rewrite the 1787 Constitution in order to prevent our government from reducing us under absolute tyranny. For this very reason this Constitution fastens itself to the Founding Charter for theses United States, --The Declaration of Independence. A house or a government not secured to a solid foundation surely shall fail.
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Definitions:
The People : Shall consist of all citizens of any governmental body that ratifies this Constitution as their Supreme Governing Law. Effective with the enactment of this Constitution, a citizen of any Country may enjoy the citizenship of only the Country wherein they reside. A native-born citizen is one who retains the citizenship of the mother whether the child is born on the soil of the mother's citizenship or abroad. A naturalized citizen is one who applies for citizenship and is accepted by another Country; at which time the citizenship in the prior Country shall no longer exist.
Representative : Shall be any person elected by the People at all levels and in all branches of government, as well as those appointed, hired, or contracted by elected officials to do work that the People authorize their elected officials to accomplish. Representatives must first obtain the authority of the People of the district for which they were elected to represent; then, the Representative must act in the name of and by the authority of the People. Without specific authority by the People, a "Representative" risks the likelihood of prosecution for Treason Against the People. Such prior authority might exist within appropriate jurisdictional charters; otherwise, the People grant later approval through ballot votes regarding specific issues via the Legislative authority outlined below. Additionally, whatever promises a candidate makes during campaigning that do not conflict with the will of the People (the jurisdictional laws of the district the individual represents) shall be considered approved for that official to pursue, with any financing required to fund implementation subject to the approval of the People.
Treason : Treason against the People shall consist of levying war against their Home Governments, or in adhering to their enemies, giving them aid and comfort; or the betrayal of a trust created between a Representative and the People of their district. Such a Trust shall include all existing laws and promises made by a candidate while campaigning for office (when conflict arise, the will of the People, which is the law, remains supreme). No person shall be convicted of treason unless on the testimony of two witnesses to the same act, or on confession in open court.
Tyrant, Tyranny : For actions of a tyrant or acts of tyranny, refer to the list of grievance outlined against the King of Great-Britain in the Founding Charter for the United States of America, --The Declaration of Independence, 1776.
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Article I. Legislative Powers
Section 1: All Legislative Powers shall be vested in the People directly, where one person equals one vote.
The minimum requirements for Legislative service are: Citizenship in the Country and permanent residence in the community where one's votes are cast and counted; having obtained the age as set forth by the laws where one resides; and be a registered resident within the City, Town, or Village of one's primary residence. Any person meeting the previous conditions is a qualified Legislator.
The People shall hold the sole power to try impeachments as outlined in Article IV of this Constitution.
All Legislation (laws with attached penalties for violations, government programs, government projects, taxes, and other duties commonly associated with the Legislative Powers) shall work their way up from the foundation of the People at the Local Level (Cities, Towns, and Villages) in their local meetings, through the Counties, then the States before such proposals becomes Federal or Global Legislation.
At the Local Level, the People shall initiate all laws with the appropriate penalties for breaking those laws, as well as all government programs and projects with each being funded and enforced at the highest level to which each attained. That is to say; Legislation that only reaches as high as one City only the People of that City are bound to fund and enforce that Legislation. Likewise, Legislation reaching as high as one State, only the residents of that State are obligated to fund such as they approve. The idea is that if any Legislation not desired by others or if flawed, corrections might take place with minimal cost and inconvenience to an entire County, State, or Nation.
As with the Local Level, which duplicates up through each larger level of government, a 3/4 (three-fourths) minimum quorum is required of the registered voting-population before any votes count. In order for any Legislation to pass, 2/3 (two-thirds) of the 3/4 (three-fourths) minimum quorum must favor the proposed Legislation. To some degree, this method prevents frequent changes to laws and programs, thus reducing a flood of programs taking place at the same time that tend to duplicate efforts.
Section 2: This two-stage Bicameral Legislative process for any government action to graduate from the Local Level into the County, State, Federal, and Global Levels of government includes both the counting of total votes cast at the Local Level, which is the popular vote, and the counting of political bodies (such as Cities, Towns, Villages, etc. for the County; Counties for the State; States for the Nation; Nations for the Global) in the following manner:
A) Before any Legislation passed at the Local Level becomes County-wide, at least 3/4 (three-fourths) of all the Local Level Cities, Towns, and Villages from within the County must present votes wherein at least 2/3 (two-thirds) of the communities approve the proposed legislation. In order for the proposed Legislation from the Local Level to become County-Wide, the Legislation that each community passes must be identical, word for word, before being enforceable County-Wide.
B) In order for this bicameral legislative process to work, two sets of votes must each pass the proposed legislation.
First: The Popular Vote ensures that the majority of residents within the County favor the proposal.
Second: The Political-Body Vote ensures that the majority of communities within the County favor the proposal.
This bicameral process prevents the fewer more heavily populated Cities from overriding the sovereignty of the smaller lesser-populated communities: As well as preventing the traditionally larger number of smaller communities from overruling the fewer larger Cities
Section 3: Before any item passed at the County Level becomes State-wide 3/4 (three-fourths) of the Counties must vote on the same Legislation (word for word) with at least 2/3 (two-thirds) of the Counties approving before enactment at the State Level. Thus requiring the same balance of power checks as at the County Level as set forth in Section 2 above; preventing lesser populated Counties from ruling the larger populated Counties, as it also prevents the larger populated Counties from controlling and nullifying the sovereignty the less populated Counties.
Section 4: Before any State Level Legislation becomes effective at the National Level it must carry the same 3/4 (three-fourths) quorum of the total number of States with 2/3 (two-thirds) majority approving. The balance of power checks as outlined in Section 2 above, safeguards the sovereignty of each lesser populated State against the will of other heavily populated States, as well as protecting the fewer greatly populated States from the will of the more numerous less populated States.
Section 5: The same process as identified above works for Global Level of governments to preserve the sovereignty of smaller nations while maximizing the protection and preservation of individual rights.
Section 6: For the repeal and amendment process, see Article V.
Section 7: Vote counting must include the total number of all eligible voting members of a community so as to prevent a small ballot casting majority from ruling entire communities. Human nature dictates that when individuals desire, they pursue their objective until they obtain the object of their desire or they abandon the idea for another.
Therefore, for all non-candidate voting, every proposal must be worded in such a manner so that a "YES" ballot vote favors the change proposed. All "NO" ballot votes count against the proposed change. All non-balloted non-voters count as having not cast a ballot. In order for any votes to count, not less than 3/4 (three-fourths) of all eligible voters must cast a ballot/vote either favoring or rejecting. If less than 3/4 (three-fourths) vote are cast on the proposed Legislation none of the votes shall count. Action regarding Legislation shall depend only the vote of 2/3 (two-thirds) of the required 3/4 (three-fourths) quorum.
As for electing candidates: There are the balloted votes for specific candidates whether the candidate's name is printed on the ballot or the voter writes in the name of the candidate they prefer; there are blank ballots where the voter does not fill in the box for any candidates for a specific office; and then there are the people who do not vote at all by not casting a ballot. As in the non-candidate voting; tallying the total vote count, the most important number is that of the total number of all eligible voter's. If the total number of blank ballots and non-voters total more than the candidate who received the highest number of balloted votes; the People, by default, require a completely new election for that office with a new list of candidates printed on the ballot. The new list of name of candidates to appear on the new ballot may include the names of write-in votes from the previous voting.
The reasoning for not using the 3/4 (three-fourths) quorum and 2/3 (two-thirds) majority with candidate elections is that even if 100% of eligible voters vote with three or more candidates vying for the office, it is likely that none of the candidates will receive 2/3 (two-thirds) of the total available votes.
A possible option is to have elections happen in several stages where candidates not receiving more than 15% (fifteen percent) of the 3/4 (three-fourths) quorum are eliminated from the next round of voting until one of the candidates acquires 2/3 (two-thirds) or more of the required 3/4 (three-fourths) minimum quorum.
To ensure that all candidates receive equal opportunity, the media must provide equal time and/or space for all of the candidates who represent residents from within the circulation or coverage area of that media outlet. This prohibits the use of advertising with the intended purpose of reducing, almost eliminating the cost of campaigning; thus nearly eliminating unjust influence of Lobbies and PAC's. Should this encourage an unusually large number of candidates to run for office, various elimination votes may take place to quickly reduce the field of candidates to between four and seven.
Section 8: Broadcasting/Publishing vote results. The total number of voters who cast ballots may be broadcast during an election; however, the results of the voting are banned until 24 hours after the polls close.
All voting within the same time-zone begin and end on the same clock-wise hours. Voting across time zones requires extends the total voting hours to include the number of time zones; so that people in Maine and Hawaii, for example, may begin and end voting at the same moment though the voters may vote according to the clock several hours different.
Section 9: The People shall have the Power to declare war, approve all treaties, elect all judges, approve taxation, determine the wages and benefits of elected officials, approve trade agreements, grant pardons, retain the sole power to impeach, and all other duties as Legislators or right may do according to the rules established within this Constitution. Where Emergency Voting might by needs occur, the Executive and/or Judicial Officers of the largest political body affected may call for an Emergency Session, or act within prior approved guides established by the People.
The People generally do not object to funding public projects when they recognize the benefit for society generally. The People, whose lives are literally on the line, should be the ones to decide what wars to initiate, join, and defend against. The more minds in the mix likely develop beneficial solutions before weapons become necessary.
Section 10: The grandest benefit with this Legislative Organization are: From the People up, the People become aware of Legislation as it happens because it works its way from smaller populations into larger populations; eliminates wasted pork-barrel spending; legislation become much clearer for the People to understand without translators, thus reducing court overload; additionally, there are far fewer people employed in political offices allowing billions of dollars to go directly toward worthy projects.
Section 11:Summary of the Legislative Branch in action: A) The Executive Officer of the Local Level government presents to a staff of about 4 (four) people at the County Legislative Office every piece of Legislation voted upon at the Local Level, whether that Legislation passes or not.
B) The County Legislative Office, the staff of approximately 4 (four), simply monitors and files the Legislation received from the Local Level communities with these total counts: total registered voters for each community, total votes cast, total votes favoring, and total votes opposing; so that these tallies are available for easy public review and auditing by the People. Such posting shall be available in print form as well as computerized form according to the latest or most popular technology available. Periodically, the personnel in the County Legislative Office should audit the Local Level Legislative Records to ensure the County Legislative Records are up to date. The County Legislative Office does not control the legislation in any manner what so ever. They may not amend or otherwise alter legislation they receive for keeping. They are keepers of the records. When 2/3 (two-thirds) of the required 3/4 (three-fourths) minimum quorum of Communities pass the same piece of Legislation, the County Legislative Office then sends the approved legislation to the remaining Communities within the County for them to update their records; as well as sending a copy to the State Legislative Office. These records must include the tally count of the voter's votes as well as which communities enacted the legislation.
C) When the State Legislative Office, of about 4 (four) people, receives all County-wide Legislation, they also as keepers of the records, monitor all County-wide Legislation in similar manner as described in the above points. When 2/3 (two-thirds) of the minimum 3/4 (three-fourths) quorum according to the Legislative requirements outlined above in the Legislative section pass the same identical Legislation it automatically becomes State-wide Legislation. The State Legislative Office then proceeds to send copies to the remaining County Legislative Offices for them to update their Records, who in turn Send the same to the Local Level Legislative Office for them to also update their records. Additionally, the State Legislative Office sends a copy to the Federal or National Legislative Office for them to keep their records updated.
D) The process outlined above in the previous points carries into the National, and Global Levels of Government, with each level of government requiring only about 4 (four) office personnel as keepers of the records.
Accordingly, all Legislation begins with the People at the Local Level, moves its way up the ladder into larger political bodies, and back down the ladder into the smaller political bodies that have not yet enacted the same. This Legislative process prevents politicians at the larger levels of government from using citizen tax dollars to extort or blackmail smaller levels of government into passing legislation that they in the whole find offensive. Assuredly, this does not guarantee that every citizen will approve of every piece of legislation; fortunately, it allows for the greatest citizen participation for the discussion and approval on each piece of legislation as it moves up. This process eliminates the rule of the few over the many by eliminating politicians who refuse to represent the will of the People; as well, it abolishes the antiquated, mere majority of balloted voters (which usually only amounts to almost 15% (fifteen) or less total voters from ruling the majority.
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Article II. The Executive Branch
Section 1: In the USA for example: At the Local Level, the Executive might be the body of Select Persons, Mayoral; where at the County Level it might be a County Counsel; at the State Level, the Executive might be the Governor; while at the National Level, the Executive might be the President. The People of each jurisdiction to determine the Executive office name.
The age and requirements for the Local, County, State, and National Levels shall be as the Citizens of each shall dictate.
For example: The qualifications for the office of President of the United States of America shall be that the candidate be born a Citizen of the United States, lived in the United States all of the 14 years previous to the election, and be at least 35 years of age.
Section 2: The Executive Officer shall be elected by the eligible voters from within the district of the office the candidate seeks to serve. There shall be no electoral college or other manner to elect this official save that outlined in the Legislative Powers of Article I. above.
The duties of the Executive Officers are to carry out the promises made during their campaign as well as those duties set forth by the People of the district the Executive Officer shall serve. If there is a conflict of the duties, the will of the People shall be supreme as previously outlined in Legislation prior to the election.
The duties of the Executive Officers of the Local, Counties, and the States shall be as the People of each district shall dictate. For Example: As for the President of the United States, some of those duties shall include, defending the United States, territories, possessions, and allies from attacks by enemies; enforce the laws enacted by the People of the USA that the People elevated into the National Level; Commander in Chief of all the armed forces and agencies regarding keeping the peace within the USA; negotiate treaties and trade deals for the People to approve; maintain good standings with other nations of the world; as well as other duties necessary to carry out the promises made while campaigning that do not conflict with the will of the People. When conflict occurs, the will of the People is supreme.
The office of Vice President shall be filled by the Presidential candidate who receives the second highest vote count during the Presidential Election. The President and Vice President shall work as a team to successfully carry out the duties above as well as working on the plans proposed by both candidates during their campaigns. The Vice President shall take the office of President should the President die, become incapacitated or removed from office by the People.
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Article III. The Judicial Branch
Section 1: The People shall elect from within their citizenship and residency the Judges whom shall preside over all criminal and civil cases. The residents of each Town shall elect their Judges; the residents of a County, their Judges; the residents of a State, their Judges; the Citizens of the Nation, their Judges; and the Global Levels shall also elect their Judges.
No judge shall decide the guilt or culpability of a defendant in any case. The Judges shall ensure that the rights of the accused are protected against government violations in criminal cases; and to make sure that all parties in civil cases understand the laws pertaining to their particular cases. This does not prohibit any party from obtaining legal counsel of their own.
Juries alone shall decide the guilt or culpability of a defendant in both civil and criminal cases. The Judge shall then sentence according to the finding of the jury and strictly as the law provides for the punishment of a crime or culpability of the parties in civil cases.
Each larger level of government shall serve as the appellate Court for the level of government just junior to them and shall be the court of original jurisdiction for all cases resulting from issues and Legislation elevated to their jurisdiction. For example: Litigation shall originate at the highest level of government Legislation regarding the specific issue has attained, and may appeal to each larger level of government to which that Local Level is politically subject. That is, if an issue of Legislation attained to the State Level, all cases regarding that Legislation shall initiate in the State Level Courts and appeal into the larger level courts.
All court costs in all cases, criminal and civil, regardless of the finding shall be paid by the People collectively out of the General Fund. In this way it does not prevent those without financial means from seeking justice in the courts. Every Jury has the option to decide on whether a case is frivolous and then charging those costs to a particular party, whether it be either the plaintiff(s) and/or the defendant(s).
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Article IV. Open Records
Section 1: All government meeting, records, acts, and judicial proceedings in all branches and in all levels of government shall be open and available to the Public and any political official to attend and review. Secrecy breeds corruption, contempt, and distrust.
Section 2: The Citizens of each jurisdiction under this Constitution shall be entitled to all the Privileges and Immunities of all Citizens subject to this Constitution.
A person fleeing one jurisdiction into another shall be subject to return on the demand of the Executive Officer of the jurisdiction from whence the person fled.
Section 3: New States may be admitted to the Union by the consent of the People. No State may be erected within another or formed by combining parts of other States without the consent of the People
Section 4: This Constitution shall guarantee to every person in this Union a Democracy-Republic-Hybrid form of government where within the Democracy the People directly make the laws, determine the government spending, and elect the Executive and Judicial Officers into their respective branches of government that are responsible for keeping the peace and adjudicating offenders. The Republic portion of this government shall consist of all Representatives acting on behalf of the People in such manner as the People authorize them to act.
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Article V. Amendment Process
The repeal and amendment process works the same way as enacting; except neither takes effect until the required majority agrees to the amendment or repeal. That is to say; when a law reaches the Global government, cities and towns at the Local Level must begin the repeal and amendment process, but such repeals and amendments do not take effect at the Local Level until the amendment or repeal passes up through and including the Global Level.
As for impeachment: To remove a public official, petitions must circulate within the affected district to obtain signatures from at least 3% (three percent) of the registered voters to call for a Special Election for the purpose of removing the specific official or voiding a specific contract, etc. Once the required signatures are verified, an emergency ballot shall issue for that district within 30 (thirty) days. The same requirements apply for the removal of government officials as does for their election, whether or not the official in question was elected, appointed, hired, contracted, or otherwise conducting business on behalf of a governmental body.
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Article VI. Debts Prior to Enactment
All treaties, trade agreements, debts contracted, and engagements entered into that were properly presented to the People of the United States, to which the People granted their authority for the indebtedness shall be honored by this Constitution. Where the debts were entered into without the authority of the People as set forth as a requirement in the Founding Charter, The Declaration of Independence, the politicians who consented to that debt are personally liable for such debt or fulfilling such contracts; Unless the People shall see fit to properly re-instate the same.
This Constitution with the afore mentioned Declaration of Independence shall be the Supreme law of the Land; and all elected officials, whether appointed, hired, contracted, or otherwise conducting business on behalf of a governmental body are bound hereby.
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Article VII. Government Powers vs. Individual Rights
1. No laws or acts of government shall respect an establishment of religion or the free exercise thereof: This does not permit breaking the laws in the name of a religion, nor does this exempt any religion from paying taxes.
2. No laws or acts of government shall abridge the freedom of speech, or of the press, or the right of the People peaceably to assemble, or to petition the Government for a redress of grievances.
3. The right of the People to keep and bear arms shall not be infringed. Well regulated Militia are necessary to maintain the security of a free State.
4. No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war but in a manner to be prescribed by law.
5. The right of the People to be secure in their person, houses, business, mode of transportation, papers, communications, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation naming the witnesses, and particularly describing the place to be searched, and the persons or things to be seized. Searches without a warrant are allowed so long as the prior written consent of the person to be searched, or the owner and/or occupant of the place to be searched grants permission for the search. This written instrument must also include the places to be searches, the items sought, and/or the person or things to be seized. All searches must have the benefit of counsel or other independent witnesses present should the affected person so request. Individuals not legally considered adults shall not be searched without parental or guardian consent. No person, not legally considered an adult, may authorize or grant consent to a search of their person or places they live or have temporary control or use of without the consent of their parent or legal guardian.
6. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.
7. No person shall be subject for the same offense to be twice put in jeopardy of life, limb, or property, nor shall any person 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 for public use without just compensation, which shall be no less than market value plus 25% (twenty-five percent). Double Jeopardy shall include a combination of criminal and civil accusation regarding responsibility for the same action. For example: I a person charged with the commission of a crime is found not guilty; no other person may file civil action against the same person for the reason a jury determined the person had not committed any crime. If the person committed no crime there is no cause for civil action against the same person.
8. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have the compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
9. In all suits of common (civil) law, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court except according to the rules of common law.
10. Excessive bail shall not be required, nor excessive fines imposed, nor cruel an unusual punishment inflicted.
11. Slavery and involuntary servitude shall exist solely as a form of punishment for criminal activity whereof the party shall have been duly convicted by a jury.
12. The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the People; the aforementioned Declaration of Independence enumerates some of these rights. The mention of certain rights within this Constitution are for the purpose of limiting or forbidding government involvement in these rights of the People.
13. The powers not delegated to the largest Union by this Constitution, nor prohibited by it to the smaller bodies within this Union, are reserved respectively to the smaller governmental bodies in decreasing order, or to the People.
14. All visitors to foreign lands whether for work, student, tourist, illegal, or otherwise are subject to the laws of that Land and the of the place and places within that Land where they travel. There shall be no diplomatic immunities for foreign officials who commit crimes in other countries.
15. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the subject Nation; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. In like manner, every government official or other person conducting government business shall escape justice because of their political possessions.
16. The right of the citizens to vote or to receive entitlement to any government assistance shall not be denied or abridged by any government subject to this Constitution on account of race, color, previous condition of servitude (including previous sentences served for criminal activity --those still serving a sentence are not eligible), age who are eighteen years or older, sex, religion, failure to pay a poll tax or any other tax.
17. The right of individual citizens to choose their personal associates, employees, customers, church, club members, or tenants, for non-government funded business' or housing shall not be infringed by governments at any level that are subject to this Constitution so long as all discriminative business and personal practices with the public are advertised and/or openly posted for public review. This does not conflict with item 16 (sixteen) above for the reason this item regards personal preferences where the previous item deals with government services to the People.
18. Taxation shall be decided on by the People as to how they shall fund the enforcement of laws, and pay for the providing of public assistance programs and the implementation of government projects, etc.
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Article VIII. Ratification
Upon the approval of both, 3/4 of the number of states presently in this Union and on 2/3 of the total Citizen Population of eligible voters, this Constitution shall be in effect between and binding on all States that are now and shall become part of this Union.
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Enacted this ____ day of ______________ in the year ________ by the People of the United States in Assembly at their respective Local Town Meetings.
Index: Index is under construction to become part of the final draft. Thank you for understanding.
(Once again, your input is helpful and desired. Thank you, Daniel Kingery)
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