Just as an experiment, let's design a better government's constitution. :
1) The right of the citizens to revise government structure, laws,
regulations, rules, or decisions by referendum shall not be hindered. The
passage of revisions by referendum requires a 3/4 majority vote.
2) The freedoms of the people and organizations within the nation as
specified below shall not be hindered.
2a) Communication of information within the nation is guaranteed without
government restraint.
2b) The right to association of individuals and organizations is guaranteed
without government restraint.
2c) Gatherings of people are protected from government interference without
restraint.
2d) Citizenship shall be granted automatically to persons born either of
citizen parents or within the nation's borders.
2e) Citizenship may be acquired according to government laws by any
individual or organization of citizens.
2f) Each citizen has the right to one vote, regardless of legal status,
including criminals, minors, and the legally incompetent.
2g) No government entity shall ever revoke citizenship except for proven
treason, or at the certified request of the citizen and the citizen's
chosen associates.
2h) Citizens vote either directly in referendums, for themselves as citizen
legislators, or by assigning a proxy to a chosen citizen legislator.
2i) The proxy of a citizen may be changed at any time by the citizen's
choice, but not by the holder of a proxy.
2j) The right of citizens to defend themselves with the weapons of their
choice shall not be limited except for violent criminals.
2k) A citizen shall not be classed as a violent criminal unless that
citizen has been tried and convicted of a violent crime by a citizen jury
of at least 12 citizens in good standing.
2l) A citizen under legal assault has a right to an experienced lawyer of
the citizen's choice with access to all information pertinent to the legal
issue.
2m) A citizen convicted of a crime has a right to appeal to a higher court
and also to submit the evidence of the case to referendum voting deciding
guilt or innocence.
2n) Citizens have the right to privacy and freedom from government
interference in their personal affairs. Personal affairs are those which
have not been proven as detrimental to society according to law and public
referendum.
2o) Citizens have the right to withhold information whenever the
information cannot be proven to be essential to national security.
2p) A citizen specifically has the right to withhold self incriminating
information during the period from being charged with a crime until trial
sentence is passed.
2q) The burden of proof that a crime has been committed rests upon society.
A citizen does not have to prove innocence.
2r) A citizen shall not be repeatedly charged with the same offense, or
with similar charges based upon the same body of evidence.
2s) A citizen shall not be incarcerated before or during trial unless a
grand jury has determined that the citizen poses a clear threat to society.
However, a citizen accused of a violent crime may be placed under armed
guard at the accusing authority's discretion.
2t) A citizen has the right to a prompt trial and/or petition for
referendum when criminal charges have been made. Delay in excess of three
times the average waiting time for trial to begin shall result in charges
being dropped. Trials shall not be protracted for legal delays by
prosecutors.
2u) A citizen accused of a crime automatically has the right to sue the
accuser for damages due to defamation of character at the accuser's
expense. However, all awarded damages and expenses must be repaid if the
citizen is found to be guilty as charged.
2v) Court or petition for referendum expenses shall be paid by the guilty
party, or if the accused is found to be innocent by the government legal
system.
3) Government shall consist of citizens, legislative, executive, and
judicial branches.
3a) The citizens within a government's jurisdiction have ultimate authority
through referendums.
3b) Citizens may overrule or revise any aspect of government through
referendum.
3c) A referendum shall commence at government expense whenever one percent
of the citizens within that government's jurisdiction have petitioned for
it to be held.
3d) Petitions and referendum votes shall be verified by the most practical
means available, according to common opinion.
3e) Referendums shall remain open until at least 3/4 of the citizens within
the government's jurisdiction have voted. A referendum is decided if 3/4 of
those voting are in agreement or disagreement with the referendum's
proposal.
4) The legislature rules are :
4a) Legislators have voting power for the purpose of policy decisions
according to how many citizen proxies they hold.
4b) Legislators apportion funds to government activities from the tax
payments of those citizens whose proxies they hold.
4c) Funds may be transferred from the tax account of one legislator to
another in exchange for an agreed upon policy vote.
4d) Under no circumstances shall more funds be allocated to a government
function than specified in the enabling policy legislation. If an excess
for a government policy is apportioned during voting, that excess shall be
proportionately distributed according to number of proxies held into the
tax accounts of legislators.
4e) Legislators need not be physically present at any particular location
to vote provided they have a secure means of communicating with fellow
legislators.
4f) All legislation shall be fully disclosed to the citizens, including all
debate on the merits of policy or apportionment legislation.
5) The executive rules are :
5a) Any executive officeholder or employee may be removed from office at
any time for any reason by a citizen referendum or a 3/4 majority of
legislative policy voters in a quorum of 3/4 of all citizens according to
proxy holders' authorizations.
5b) The executive branch is charged with the task of implementing
legislative policy and fund apportionments.
5c) The executive branch is prohibited from issuing laws, rules,
regulations, guidelines, policies, or any other government decision which
is not justified by a specific policy of the Constitution, referendum of
the citizens, or legislative policy decisions.
5d) The executive officeholders are organized and appointed as specified by
the legislators.
5e) The executive employees are hired by officeholders under guidelines
issued by the legislators and within apportioned budgetary constraints.
5f) Executive employees may be dismissed by officeholders or employee
managers due to lack of funds, reorganizations, neglect of duties,
incompetence, or criminal behavior as determined by a court.
5g) The activities of the executive shall be continuously and accurately
presented on the internet for public inspection except on a case by case
basis in the interest of national security.
6) The judicial rules are :
6a) The Supreme court shall consist of 12 or more judges selected by the
legislature.
6b) The Supreme court only has the authority to decide constitutional
issues.
6c) All judges hold office at the discretion of the citizens and
legislature and may be removed from office in the same manner as the
executive clause 5a).
6d) Judgement authority rises with court level as determined by the
legislature, but in all cases the citizens may overrule a court through
referendum.
6e) Trial shall be by citizen jury in all criminal cases.
6f) At the discretion of the accused, trial for civil cases may be either
by citizen jury or a single judge.
6g) A panel of at least three highly experienced judges shall convene to
hear appeals.
6h) All court proceedings shall either be broadcast live through the
internet, open to the general public, or both.
6i) All evidence introduced in any court shall be placed in open record on
the internet except when certified as detrimental to national security by
the legislature.
6j) False testimony or evidence shall be punishable as specified by law
policy of the legislature.
6k) The burden of proof that evidence is true rests upon the court.
6l) The schedule of court hearings shall be publicized well in advance of
trial, the amount of notice before proceedings are held to be in accordance
with standard directives of the legislature.
6m) Courts may issue legal documents to initiate proceedings as soon as
evidence of the need for a hearing is obtained.
6n) Judges are appointed by the executive branch to fill vacancies, but all
judges are subject to dismissal by a simple majority of the legislature
until initially approved by the legislature.
7 Government taxation :
7a) Government shall be funded by a voluntary tax upon wealth, denoted as a
"value".
7b) Value exists in civil law only to the extent that the wealth tax has
been paid prior to the event at legal issue.
7c) Value exists in criminal law according to applicable laws and statutes.
7d) Victims may be compensated for damages during criminal hearings
according to a standard schedule of restitutions regardless of wealth tax
status.
7e) No government shall tax economic activity, including but not limited to
sales, income, capital gains, estate, excises, tariffs, or value added
taxes.
7f) When a wealth tax is paid, it goes into the account of the citizen or
the citizen's proxy holder legislator at the national treasury.
7g) Wealth taxes are due continuously, but the annual percentage rate is
determined by the legislature.
7h) Each citizen is responsible for determining what to declare as wealth
and the value to place upon declared items.
7i) The statements pertaining to a citizen's wealth may be sealed for an
additional fee paid by the citizen as determined by the legislature, but
otherwise they are a matter of public record.
7j) Any court shall be permitted to open a citizen's sealed declaration of
wealth and make specific items a matter of public record when the values
declared are relevant to a case.
8) The purposes of the national government are to provide for national
defense, to improve the common welfare of the citizens, and to improve
world relations. Any government activity detrimental to those three
purposes must be abolished.
9) States of the nation :
9a) Since the government's legislature is no longer elected by district for
fixed terms, the states shall be reformed from standard metropolitan
statistical areas.
9b) Each state shall be formed from a territory containing not less than
100,000 nor more than 10 million citizens at apportionment.
9c) States which grow to exceed 12 million citizens according to their
official residences status shall be divided as determined by the
legislature.
9d) There shall be not less than 500 nor more than 5000 states.
9e) The citizens of an area may petition the legislature for formation of a
new state if 90% of the citizens located within that geographic area are
dissatisfied with their current state.
9f) States shall be formed from all territory currently controlled by the
federal government.
9g) At the government's discretion and with the consent of resident
citizens according to a referendum, a state may be evicted from the nation
provided a mutually satisfactory compensatory settlement has been reached.
9h) By mutual consent between other nations and the government, and with
the consent of residents of a territory, a territory may join the nation,
becoming a new state or states.
9i) Each state shall have its own legislative, executive, and judicial
bodies of government.
9j) The constitution and national laws have primacy over any state law.
9k) Every state must allow state petitions and referendums at state expense
under national supervision.
9l) A state has jurisdiction over disputes confined to its territory.
9m) State laws are unconstitutional if they are detrimental to the welfare
of the nation.
9n) Referendums within states take precedence over state laws and court
rulings.
10) Legislative legitimacy :
10a) The executive branch shall maintain an accurate and continuous
accounting of all citizen's identities, place of residence, and proxy
holder as well as contact information for verification of proxies.
10b) At the option of the legislature, a short recess (of at most two
weeks) may be called during which authorities appointed by the legislature
shall verify from records of the legislators (compared to the executive
branch's data) that the accounts of proxies are valid.
10c) At all other times the legislature shall be in session, conducting its
business by remote communications as well as physical meetings.
10d) The legislature shall maintain continuous monitoring of proxy status
of the legislators.
10e) Only validated proxies may be voted by legislators.
10f) The legislature is solely responsible for deciding how it shall be
run, but in no circumstance shall a ruling of the legislature :
10f1) prohibit repeal in a new session after a recess for proxy validation
has occurred, of a resolution formerly passed by the legislature.
10f2) prohibit voting from a remote location provided that a secure
communications channel is used.
10f3) be terminated without getting a vote (of either approval or
disapproval) from a simple majority of the citizen proxies of the nation.
10f4) be passed with less than a simple majority of the citizen proxies of
the nation.
10g) Voting on all legislative matters shall take place in parallel, with
the priority of attention paid to specific proposals at the discretion of
each legislator.
10h) A legislator votes all validated proxies held as a block on any
specific legislation.
10i) The computer record of proceedings and votes shall be heavily secured
against tampering, defended against loss, and a matter of open public
record.
11) Foreign relations :
11a) All agreements with foreign powers (including the United Nations) are
hereby cancelled.
11b) The United Nations is instructed to close its offices and cease all
activities in this nation. Go back to Geneva if they'll have you.
11c) Diplomatic relations may be maintained with friendly foreign powers
provided funds are allocated for that purpose and personnel are assigned.
11d) Agreements may be made subject to clause 1) provisions and a (3/4
majority of proxies) ratification by the legislature.
11e) Under no circumstances shall any agreement :
11e1) diminish the rights of citizens within the nation's borders.
11e2) violate any constitutional clause or legislative law.
11e3) obligate the nation to declare war.
11e4) obligate the nation to help defend another except at the request of a
worldwide ruling body representing at least 2/3 of the world's population.
11f) The nation shall perform military operations on foreign soil only with
a 3/4 majority approval by a quorum of at least 3/4 of the proxies held by
legislators.
12) National defense :
12a) Under no circumstances shall anyone be conscripted into military or
other government service.
12b) The nation shall be defended by military forces composed of army,
navy, marines, air force, coast guard, space command, reserves militia, and
others as specified by legislators.
12c) The legislature shall have an armed services committee which decides
what military matters to bring to the attention of the legislature as a
whole.
12d) The legislature shall appoint classification authorities whose
decisions shall be subject to review every year by the armed services
committee.
12e) The only classified information of the military shall be as designated
by the legislature's classification authorities.
12f) The requirements for receiving classified material and punishments for
unauthorized disclosure shall be specified by the legislature.
12g) The regulations of the military shall permit disclosure to the armed
services committee of the legislature of any information which may be
considered of interest to them without fear of retaliation.
12h) Military supplies, procurement, and maintenance of equipment shall
have priority over personnel expenses.
12i) Government agreements with defense contractors shall always have a
buyout clause for project termination which favors the government.
12j) Ranks, guidelines for promotion, and compensation of military
personnel shall be specified by the legislature.
12k) Personnel levels shall be specified by the legislature for each fiscal
period, with provision for rapid expansion in the event of crisis.
12l) The military command structure shall decide what personnel to
discharge or recruit in the case of need.
12m) Military officers in charge of personnel in excess of 10000 must be
approved by the legislature or as specified by legislation.
12n) The executive shall have personnel whose job is oversight of all
military matters, who report to the armed services committee on a regular
schedule or in the event of crisis.
12o) The executive overseers of the military shall have the authority to
countermand orders by military personnel. In the event of a conflict of
orders, the armed services committee will decide the issue in question,
subject to review by the full legislature on appeal by the military.
12p) Reserves called to active duty shall have the full pay and benefits of
regular forces.
12q) Anyone called into a combat zone or engaging enemy forces shall
receive combat pay in addition to normal compensation.
12r) Personnel injured in combat shall receive full medical remedial
treatment and retraining or pension if disabled.
12s) The next of kin of personnel killed in combat shall be generously
compensated. Burial or cremation shall be at government expense and the
remains shall be interred at the location of the deceased choice, including
but not limited to military cemeteries.
13) Government assistance
13a) Anyone receiving government assistance is required to perform
government labor of value equivalent to the assistance.
13b) The government will provide housing and household amenities at a
location of its choice and transport between that housing and the assigned
worksite.
13c) The government will provide unspoiled, nutritious, and palatable food.
13d) The government will provide standard issue clothing if necessary.
13e) The government will provide life sustaining medical treatment for
acute conditions.
13f) The government will provide internet access for the purpose of
vocational training and voting activities.
13g) The government will also care for abandoned or orphaned children
(under 18), the elderly (over 70), and the crippled who are unable to work.
13h) A citizen has the option of not receiving government assistance at any
time by opting out of the government program.
More is on the way after I take a break. Feel free to comment.
Lonnie Courtney Clay
--
You received this message because you are subscribed to the Google Groups
"Epistemology" group.
To unsubscribe from this group and stop receiving emails from it, send an email
to epistemology+unsubscr...@googlegroups.com.
To post to this group, send email to epistemology@googlegroups.com.
Visit this group at http://groups.google.com/group/epistemology?hl=en.
For more options, visit https://groups.google.com/groups/opt_out.
