U.S. Constitution: Mark II
Posted: March 20th, 2010 | Author: The 1st One | Filed under: Primary | No Comments »The following is the constitution corrected to protect the individual and all states from the overreaching central government and protect the system as the founding fathers constructed it.
There was in their time an understanding of words such that there was no need for long legal explanations in order to make a specific definition known. BUT as we are in a litigious soceity there must be clarity.
So I give those words that need it clarity to account for the ignorance or blind adherance to the idea that the “public good” is the be all do all of the government and the citizens of the Republic.
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the achievement of the individual, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
As such we set forth the following basic tenants as free individuals before all other items or agendas of politicians, potentates or interests.
The purpose of government is to protect the rights of those individuals subject to its laws.
The fundamental right of any individual is the right to their own life: each individual has the right to act on their own judgment by their own voluntary choice.
No law or constitutional provision shall be valid except as it is necessary to protect those rights as stated in this document.
If a law is found to be materially ambiguous or incongruous with the rights specified in any articles of this constitution then the law must be restated to remove that ambiguity within 1 month of that finding, after which time the law becomes null and void.
All legal requirements governing those subject to the law of the nation must be expressly stated in this constitution, or in the US Code. Appellate decisions pertaining to the validity of a law are limited to
The finding that a law is unconstitutional under Article I Section 2 or
The finding that a law is ambiguous in interpretation under Article I Section 4
The Supreme Court has the discretion to temporarily restate the ambiguous statute in a specific, unambiguous manner, said restatement remains valid until the law is rewritten by the legislative body within the allotted period set forth in Artilcle I Section 1.04.
(a) No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States
(b) Representatives shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, The actual Enumeration shall be made within three Years after the next meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative;
(c) When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
(d) The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.Section 3.03
(a) Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
(b) 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
(c) The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
(d) The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
(e) The Senate shall have the sole Power to try all 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 the Concurrence of two thirds of the Members present.
(f) 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 nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
(g) The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.
(h) The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Section 3.04
Section 3.05
Section 3.06
Section 3.07
Section 3.08
Section 3.09
citizen being defined as born in the United States or its protectorates from parents of natural born or naturalized U.S. Citizens, and who shall not, when elected, be an Inhabitant of that State in which they shall be chosen.no district shall be drawn such that the population distribution is altered in a manner such that one group is falsely represented in percentage of population of that district with the express purpose of creating diasporas through race, gender or association, citizen being defined as born In the United States or its protectorates from parents of natural born or naturalized U.S. Citizens and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.No vote on any instrument of any kind shall be made without record of such vote being recorded neither by clocher vote nor any type of unregistered vote apparatus.Nor shall any Representative or Senator during his time in office have any connection by either family or other relationship to any person or entity having connections with any governmental agency local, state or federal.
Section 3.11
Section 3.12
Section 3.13
Section 3.14
Section 3.15Section 3.16
Section 3.17
Section 3.18
Section 3.19
Section 3.20
conform with Article I for validity and if found to be so then the instrument is to 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 at large 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, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons 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.shall be verified to be in accordance with Article I for validity and then 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.Taxes only in conformity with Article I, 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;and all found not conforming to the enforcement of these rules are to be removed forth with by authorities specified in the Naturalization Rule, and uniform Laws on the subject of Bankruptcies throughout the United States;This Right to be strictly enforced with the full force of law within the constraints of Articles I with lack of enforcement of law to subject the authorities in those divisions to removal from their post and full investigation of said action or lack thereof;
Section 3.22
Section 3.23
Section 3.24
Section 3.25
Section 3.26
Section 3.27
Section 3.28
Section 3.29
Section 3.30
Section 3.31Section 3.32Section 3.33Section 3.34Section 3.35Section 3.36Section 3.37Section 3.38Section 3.39Section 3.40
National Guard to execute the Laws of the Union, suppress Insurrections and repel Invasions in accord with Article I;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 the National Guard according to the discipline prescribed by Congress;District shall not be eligible for statehood as it is the seat of government and such statehood will create constraints and conflicts of interest between congress and the government of the district, and to exercise like 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, dock-Yards, and other needful Buildings;–Andthat comply with Article I, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.in as much as the suspension does not violate Article I.No Tax or Duty shall be laid on Articles or products sent between the states.in such manner that the citizenry may view the detail and from whom the proposed expenditure was submitted.that may violate Article I.
(a) The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:
(b) Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
(c) The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
(d) No person except a natural born Citizen shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years.
(e) The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
(f) Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:
(g) “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”Section 4.02
(a) The President shall be Commander in Chief of the Army and Navy of the United States, and of the
(b) He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties
(c) The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.Section 4.03
(a) He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.Section 4.04
(a) The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery,
National Guard of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices.provided they do not violate Article I, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.breach of Article I or other high Crimes and Misdemeanors.
(a) The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.Section 5.02
(a) In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall makeSection 5.03
(a) Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
(b) The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
that conform to this constitution
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereofSection 2 - State citizens, Extradition
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.Section 3 - New States
New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.Section 4 - Republican government
The United States shall guarantee to every State in this Union a Republican Form of Government
The Statesin accordance with Article I.that if the state wishes may mirror the federal system, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; shall in any Manner affect the first and fourth Clauses in the Ninth Section of the second Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Amendment
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Debts, Supremacy, Oaths
Amendment 1 - Freedom of Religion, Press, Amendment 2 - Right to Bear Arms.
The Amendmentsstate sanctioned official religion such as exists in Britain concerning the Anglican church, or prohibiting the free exercise of religion; or abridging the freedom of speech by individuals, or of the media of print or other form; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.The right of individuals to keep and bear Arms for themselves or their families shall not be infringed.
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest Number of
The person having the greatest number of
National Guard, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use through eminent domain without just compensation and shall in no manner be taken for public purpose and sold another person or entity in violation of Article I. that may be granted by the states explicitly.expressly delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people as the powers are not in violation of Article I.electoral votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.electoral votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
2. Congress shall have power to enforce this article by appropriate legislation.
nor compulsory service or draft, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of
3. No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, but all such debts, obligations and claims shall be held illegal and void.
5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.Amendment 15 - Race No Bar to Vote.
2. The Congress shall have power to enforce this article by appropriate legislation.Amendment 16 – Fair Tax Amendment
to parents that are natural born citizens or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States or in violation of Article I; 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.natural born citizens or duly naturalized citizens in each State, excluding Indians not taxed. But when the vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the legal inhabitants of such State, being twenty-one years of age, and natural born or naturalized citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such citizens shall bear to the whole number of citizens twenty-one years of age in such State.franchise of natural born or naturalized citizens of the United States to not to be prevented to vote shall not be denied or abridged by the United States or by any State on account of race, color, or sex.
Section 2. The direct taxation of any private citizen’s wages or earnings by Congress is hereby prohibited. Income taxes, payroll taxes, alternative minimum taxes, estate taxes, death taxes, gift taxes, corporate taxes and capital gains taxes are hereby abolished.
Section 3. A federal retail sales tax shall be instituted on the consumption of goods and services in the United States once, without exception, but only once.
Section 4. The Congress shall have power to enforce this article by appropriate legislation.
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 any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
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.Amendment 18 - Presidential, Congressional Terms.
2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.Amendment 19 - Presidential Term Limits.
2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.Amendment 20 - Presidential Vote for District of Columbia.
2. The Congress shall have power to enforce this article by appropriate legislation.Amendment 21 – Poll Tax
2. The Congress shall have power to enforce this article by appropriate legislation.Amendment 22 - Presidential Disability and Succession.
2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.Amendment 23 - Voting Age Set to 18 Years.
2. The Congress shall have power to enforce this article by appropriate legislation.Amendment 24 - Limiting Congressional Pay Increases.
franchise of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.franchise 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 on account of age.The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.1. All persons born 1. Neither slavery nor involuntary servitude 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.Judicial powersThe Judicial BranchThe President
The Judicial BranchThe President
The Executive Branch 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.
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