2008 Constitution for
The United States of America
Enacted by the People ___________________, 2008
Preamble/Pledge:
We the People, in support of this 2008 Constitution for the United States of America, in order to form a more perfect union, establish justice, insure 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 2008 Constitution for the United States of America, mutually pledging to each other our lives, our fortunes, and our sacred honor.
Origin and Purpose of USA Governments:
We hold these truths to be self-evident, that all People are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness--- That to secure these rights governments are instituted among the People, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive to these ends, it is the right of the people to alter or abolish that government, and institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
Words of Caution:
Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that People are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is not only their right, it is their duty, to throw off such government, and to provide new guards for their future security.
Evidence of Legislative Abuses and Usurpations:
Imposing taxes on us without our consent.
Depriving us, in many cases, of the benefits of trial by jury.
Making the Executive and the Judicial Branches dependent upon its will alone for their tenure in office and for the amount and payment of their salaries.
Erected a multitude of new offices to harass the People and eat out their Substance.
Refused assent to laws, the most wholesome and necessary, for the public good.
Dissolved the People's representation in government, for the purpose of invading the rights of the People.
Obstructed the administration of justice, by refusing to punish criminal activity with involuntary servitude.
Combined with others to subject us to jurisdictions foreign to our constitution.
Taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our government.
Declaring themselves vested with powers to legislate for us in all cases whatsoever.
Have excited domestic insurrections amongst us by approving discriminatory and reverse-discriminatory legislation designed to set the People at odds with each other.
In every stage of these oppressions we petitioned for redress; with our petitions answered only by repeated injury. A government thus marked by every act which may define a tyrant, is unfit to govern a free People.
The Role of Government:
Government is to safeguard the citizen's rights; protecting society from the whims and criminal actions of individual(s); and protect the individual(s) who are not harming society from society's intrusions or criminal action against individual(s).
Treason:
Treason against the United States, which is the People of the United States of America, shall consist of the betrayal of a public trust; or in levying war against them; or in adhering to their enemies by giving aid and comfort.
A candidate initiates a public trust through their promises to the People during the candidate's campaign. The People accept and seal this trust agreement when they elect the candidate. Treason does not occur when the elected official simply fails to complete a promise. Treason occurs when the elected official fails to work toward, or worse yet works against the promises they made while they campaigned.
No person shall be conviction for treason by betrayal of trust except on the testimony of two witnesses regarding the same promise to which the official failed to work toward or worked against completing, or on confession in open court.
No person shall be convicted of treason by levying war against the United States or in adhering to their enemy except on the testimony of two witnesses to the same overt act, or on confession in open court.
The penalty for treason of breech of trust shall be no less than the removal from office, and may include up to the penalty for the treason of declaring war or in adhering to the enemies against the People of America which includes total loss of fortune, but no more severe than serving one's natural life in work camps.
No punishment for treason shall work corruption of blood, or forfeiture except during the life of the person attained.
Restricting Government Invasion in the People's Rights:
The People retail all their rights, except when they must temporarily entrust certain rights or parts thereof to their elected officials for the purpose of carrying out the duties that the People require of their officials.
Clarification and Limitation of Government Invasion of Rights:
No law respecting the establishment of religion shall pass. Freedom to establish religion or the exercise thereof does not exempt the religion from laws that regulate other enterprises, nor allow the people of a religion to otherwise break the law of the land.
No law shall pass that prohibits the freedom of speech or of the press. This does not condone careless or dangerous speech or press, which the People may regulate through appropriate legislation.
Just governments only benefit when the People retain their right to peaceably assemble, and petition their government for redress of grievances; and when possible, to peaceably alter or abolish the forms of government over them but with force when necessary.
Just and free governments benefit from the right of the People to keep and bear arms, which shall not be infringed, except upon conviction for the use of these arms in the commission of a crime. Domestic tranquility, the common defense, and public safety dictates the necessity that owners and carriers of weapons register them and pass specific tests regarding the safe handling and use of their weapons.
Well regulated militias are necessary for the security of a free state. Just governments can only benefit when the People remain skilled in the use of the various weapons and arts of war necessary to defend themselves and the nation.
No soldier shall, in the 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. A soldier includes the national, state, county, city, and town police, sheriffs, militias, and military.
The right of the People to be secure in their persons, transportation, houses, business, communications by whatever manner, and effects, against unreasonable searches and seizures, shall not be violated. No warrants shall issue but upon probable cause, supported by oath or affirmation, particularly naming the witnesses, the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury; the person shall enjoy all rights afforded suspects in any other criminal offenses, which include public hearings and rights to have counsel present.
No person shall be twice put in jeopardy whether criminally and/or civilly for loss of life, limb, incarceration or loss of property without due process of law which shall consist of an impartial jury trial in all civil and criminal cases. Nor shall any person be compelled to testify against themselves. A just and honorable government prohibits professional privilege (such as, but not limited to, doctor-patient, lawyer-client, clergy-parishioner, family, marital status, or other relationships) in the interest of justice, formation of a more perfect union, and to insure domestic tranquility.
In all criminal and all civil/common-law cases, the defendant shall enjoy the Right to a speedy trial, by an impartial jury of the State and district wherein the action shall have been committed or upon whom the action shall have been committed against. The accused person shall be confronted by the witnesses against them, regardless of the crime or the age of the victims and witnesses. The accused shall have the compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for defense.
Excessive bail shall not be required of the accused; nor excessive fines imposed, nor cruel and unusual punishment inflicted for the punishment of a crime. Slavery and involuntary servitude shall exist in the United States of America as a means of punishing criminal activity upon being duly convicted by an impartial jury.
No private property shall be taken from any person for public use (such as through eminent-domain) without an impartial public deliberation and just compensation (such as market-value) for the item(s) to be taken.
The enumeration or clarification of certain Rights within this constitution shall not be construed in any manner to deny or disparage all other rights retained by the People.
Legislative Branch:
Qualifications for the Legislative:
Legal Citizen of the United States of America; Registered resident of the states, county, and city wherein the person wishes to vote; At least 18 years of age at the time of voting or who are otherwise legally an emancipated minor.
A person loses their right to vote during such time as they serve a sentence for which a jury convicted them. Once the person pays the total required sentence or the verdict overturned, all their rights are re-instated; with the exception of those dictates of law.
Powers:
The People of the United States retain all legislative powers in the United States of America, and within every State, County, City/Town, or other divisions therein.
The People make the laws and determine the just penalty for breaking the laws.
The People shall determine what public projects and programs shall exist.
The People shall determine the salary and benefits of government officials.
To temporarily delegate only such power to the elected officials as are necessary for them to carry out the duties for which the People elected them.
The People have the sole power of removing elected officials from office, by the same manner in which the official was elected (initiating action by petition and 2/3rd (two-thirds) vote of the People of the affected district. Action may occur at any time).
Enacting Laws and Public Projects:
2/3rd (two-thirds) of the eligible registered voters in the city/town determines the laws and penalties, or public programs for that community. Community holds initial jurisdiction. One-person-one-vote.
When 2/3rd (two-thirds) of the city/towns pass the same law and penalty, or programs within a county, the county assumes jurisdiction. One-city/town-one-vote.
When 2/3rd (two-thirds) of the counties pass the same law and penalty, or programs within a state, the state assumes jurisdiction. One-county-one-vote.
When 2/3rd (two-thirds) of states pass the same law and penalty, or programs within a the country, the federal government assumes jurisdiction, One-state-one-vote.
The 2/3rd (two-third) majority, in the stead of a simple majority, prevents frequent reversals.
Amending or repealing requires 2/3rd (two-third) majority.
Executive Branch:
Qualifications:
Born in the United States of America to mother in the country legally at the time of birth; or to mother of legal US citizenship who gave birth in another country; Resided at least fourteen years in the United States; Is at least 35 years of age.
Each state, county, city/town shall determine the qualification for their respective Executive officials.
Selection of the Executive:
The People of the United States of America shall elect by paper ballot the Head of the Executive Branch, which is the President of the United States of American; the Governor of each of the several States in the Union; a Sherriff for each of the Counties within a State; and a Select, Mayoral, or other leadership within the Cities and Towns.
See Election Reforms for more details:
Powers and Duties:
The duties of the Executive Branch are to protect the People and their rights by enforcing the laws and following through on the projects the People collectively approve. Thus, the Executive must organize necessary labor and raise the required funds to successfully complete the projects approved by the People.
Campaign promises become part of these duties, and such powers necessary to carry out those promises expire when the official leaves office.
When dealing with the criminal element, the Executive Branch must issue citations and/or arrest those on USA soil who break the laws within the jurisdiction of that Executive and deliver those citations or detained persons along with the evidence to the Judicial Branch for trial by jury.
All persons on US soil, whether in the country legally or not, are subject to the laws and penalties of the United States and the jurisdiction thereof.
The President shall be commander in Chief of the armed forces of the United States as well as the militia of the several states when called into actual service of the United States.
The President shall have the power to negotiate treaties, appoint Ambassadors, other Public Ministers and Consuls, Judges of the Supreme Court to temporarily fill vacancies, to which the People of the United States, as the Legislative Branch, must approve or deny.
The President shall, from time to time give to the People, information of the State of the Union, and recommend to their consideration such measures as judged necessary and expedient.
The President shall receive Ambassadors and other public Ministers; shall take care that the laws be faithfully executed, and shall commission all officers of the United States.
Judicial Branch:
Parts and Duties:
The Judges: act as referee to insure that the Rights of the accused are protected, but not at the expense of Justice.
Defense: has the duty of presenting the evidence in favor of the defendant, but shall also disclose any evidence they know of that is potentially harmful to the defense.
Prosecution: has the duty of presenting evidence against the defendant, but shall also disclose any evidence they know of that is potentially beneficial to the defendant.
Jury: the sole duty is determine the guilt or innocence of the accused Person, or the liability of the Parties in all civil/common-law cases.
After being presented with the Jury's decision, the Judge then sentences the defendant such as the Law states. There is no other possible sentencing options other than that declared in the Law.
The judicial branch shall try all cases in law and equity with the final appellate jurisdiction depending on the issue in question.
All trials shall be decided by an impartial jury.
Qualifications and Selection:
Judges: US Supreme Court Judges must be born in the United States to parents in the country legally at the time of birth; or to mother of legal US citizenship who gave birth in another country. Resided at least fourteen years in the United States. At least 35 years of age. Each state, county, city/town shall determine the qualification for their respective Judges.
Defense: Shall select their own counsel if they desire to have such.
Prosecution: Shall be selected by the executive officer of the appropriate jurisdiction or elected by the People.
Jury: Shall consist of randomly selected legal citizens residing within the appropriate jurisdiction.
Taxation:
There shall be only three methods of taxation, which are income or value-added taxes for businesses, sales taxes, and user or license fees designed so certain activities are supported by only those who participate.
Income and value-added taxes shall include wages, inheritance, gifts, interest, dividends, donations, trusts, bonuses, and the difference between which a company buys their materials and the price they sell them, and others that are received by an individual, business, non/not-for-profit organization, religion, investments, loans, trust, etc.
Sales tax is paid on the sale of all products.
Flat-Rate-Tax is the most just method of taxation.
First: Determine the gross national debt.
Next: Determine the gross national income.
Then: Determine the gross national sales.
Finally: Determine the ratio between 60% of the debt and income and that is the flat-rate tax on incomes. And determine the ratio between 60% of the debt and the sales and that is the flat-rate tax on sales.
This system requires every level of Government to balance its budget every year, so that following generations do not inherit the debts of the previous.
Immigration:
To avoid rewarding criminal activity, only children born to US citizens shall be granted automatic citizenship in the United States of America.
Children born to parents who are illegally in the USA shall not receive automatic citizenship. The children shall not benefit from the crimes of the parents, nor shall any child be punished for the crimes of their parents. It is not a punishment to the child for it to receive the same citizenship of its mother.
Children born on US soil to parents in the country legally shall not enjoy automatic citizenship.
People of foreign lands may apply for citizenship in the USA through a naturalization process, which must be universally consistent. No acceptations allowed for citizenship through marriage, migration from oppressive countries, etc.
Term Limits:
To insure a steady flow of new ideas to make us an even more perfect Union, no official presently holding an elected office may have their name placed on a ballot for re-election. The People, if in the majority wish to write the official's name in for another term they may do so.
Campaign Reform:
Already seated elected officials are prohibited from campaigning until their present term expires. Leaving office early to run for another automatically disqualifies the individual from both the office they left and the one they seek.
No national candidate may begin actively campaigning for office prior to 12 (twelve) months before the scheduled final election for the office they seek.
No candidate may spend more than the elected position they seek would pay for one-year of service, whether that money is their own or that raised from the candidate's constituents.
No business, no lobbies, no political action committees, no non-person entities, and no non-citizen person can contribute to a candidate's campaign.
Only American Citizens qualified to vote in the Legislative Process may contribute to a candidate's campaign for whom they are legally entitled to vote. Maximum contribution is $100/person.
Vote Counting:
The People shall enjoy either of three ways to cast their vote: at the polling station, absentee ballot (which must be notarized), or for non candidate issues without casting a physical ballot (automatically counted as a no-change vote).
The final tally of votes must equal the total number of all eligible registered voters. Both the polling station and the absentee ballots are recorded on physical hard paper ballots available for physical re-counting when necessary. The non-balloted registered voters votes count as a vote for non-change regarding proposal(s). Physical ballots must be cast for electing officials. If the topic is truly important enough for the People to change it, they will get to the polling station to cast their vote in favor of the change.
All polling booths shall open the same instant that the earliest polling station opens and they all shall close the same instant that the latest polling station closes.
There shall be a 24 (twenty-four) hour blackout time following the closing of the polls before publishing any of the voting results.
Through Petition of the People:
We the People of the United States of America, through this Petition, appealing to the supreme judge of the world for the rectitude of our intentions do, solemnly publish and declare to the world the new form of our government. And in support of our 2008 Constitution for the United States of America, with a firm reliance on the protection of divine providence, in Order to form a more perfect Union, establish Justice, insure 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 New Constitution for the United States of America; mutually pledging to each other our Lives, our Fortunes, and our sacred Honor
Enacted by the People of the United States of America through petition, obtained ¾'s (three-fourths) of the People's vote in favor of adopting this 2008 Constitution for the United States of America on this _______Day of ___________________, 2008.
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Print name of citizen of USA Doc.# proof of US citizenship
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Age and Date of birth Physical address (or homeless)
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City State Zip
____________________________________________ __________________
Signature of USA citizen Date signed
Supervisor of Checklists Notary Stamp/Seal/Signature below
Stamp/Seal/Signature below
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Check Lists Supervisor Signature Notary Signature
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Date Date
Petition #__________________of Total #____________________ Eligible in City.
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