This thought-provoking and well-considered new Constitution was published in Nation of Change and written by Mark Maloney. I reprint it here as a public service and to jump-start a few of those complacent gray-cells out there.
“We establish this New America Constitution to remove pervasive corruption of government and corporate entities against both the American citizens and all the countries and peoples of Earth.”
The Constitution of the United States of America is admittedly a powerful and lasting document that has served this country reasonably well for over 200 years. But let’s face it, our world is very very different than the United States of our founding fathers. Two main themes suggest to me that it is time to revisit and possible rewrite the Constitution: first, it is obvious that hucksters and charlatans have learned to game the system and pervert the Constitution to selfish and greedy interests; second, since the Constitution is to a great extent a combination of vague statements and out-of-date specifics, it has been superseded by politically motivated interpretations, judicial pronouncements, executive over-reach, and legislative buffoonery.
I have a long list of problems with this new Constitution but it is interesting, especially in how it cascades government down to the city or municipality level. Obviously this single re-thinking of the Constitution is not going to be adopted or change the face of our government, but there are some really good ideas in there and more progressive citizens might see some possibilities to overcome the current death-spiral of our once great experiment.
Preamble of Intent
We the Citizens of the United States of America, in order to form a free and honest nation of laws regulating Liberty, Taxation, Commerce, and rules of American Conduct, do hereby establish a New America Constitution, which voids in its entirety the previous US Constitution and all its articles, amendments, laws, taxation, commerce, and bill of rights provisions.
We establish this New America Constitution to remove pervasive corruption of government and corporate entities against both the American citizens and all the countries and peoples of Earth.
We take this action to establish our Inalienable Rights as Human Beings to collectively govern ourselves through an honest democratic process. We create this Constitution of New America to be exact and without exception.
We are “New America”
Article I: Structure of Government
Section 1 – Definition of America:
All land occupied by the fifty States. All States retain their established geographical boundaries and name for the purposes of City, State, and Federal governmental logistics management. All States will abide by the same laws of the land as ratified by State Representatives in legislative session. Individual States may not impose any other laws. We are one nation with one set of laws.
Any additional State being added to American territory has to be approved by 80% vote of the American population, and have 80% approval of the applicant States/Nations population for adoption into American Statehood. American Statehood cannot be revoked.
The New America government shall not own or hold any foreign lands outside New America territory, except temporarily during war. New America will only lease land to establish embassies on foreign soil.
Section 2 – Definition of an American Citizen:
Any person born on American soil is an American citizen. Any person lawfully granted American citizenship is an American citizen. American citizenship cannot be revoked.
We the citizens of New America are the government. We elect (hire) individual citizens as our agents to manage our countries affairs. We govern their behavior with our laws and vote.
Section 3 – Definition of Government Office and Authority:
Federal Governing Authority has three branches: The President, States, and Court. The President has the national executive authority. The States have legislative authority of creating Federal laws, Federal agencies, Federal taxation, and funding Federal public expenditures. The Court has judicial authority of enforcing laws.
Provision a: The President:
The President interacts with the world on our behalf. The President is given executive authority to negotiate trade, treaties, alliances, and all other foreign matters that affect our solvency, commerce, or security. The President appoints administrator executives to Federal agencies, and ambassadors to foreign lands. The President is given sole authority to use military assets to protect American citizens and preserve the New America Constitution against any enemy. The President promotes National Commerce. The President gives a yearly ‘State of the Nation’ address to the American population.
Provision b: State-Governing Authority:
State Governing Authority has three branches: Governor, State Representative, and Mayors. The Governor has State executive authority. The State Representative has legislated authority in the Senate. The Mayors have City executive authority.
The Governor is the executive of the State. The Governor is given the authority to hold State public hearings and subpoena witnesses, experts, or effected persons to testify before the State. The Governor appoints administrators to State agencies. The Governor controls State tax rate/revenue, allocation of State funds, and the State Treasury. The Governor promotes State Commerce. The Governor gives a yearly ‘State of the State’ address to the State population.
State Representative is a member of the Senate. The Senate is given the authority to hold National public hearings and subpoena witnesses, experts, or effected persons to testify before the Senate. The Senate is given the authority to legislate Federal laws, create Federal departments, and make amendments to the New America Constitution. The Senate is given the authority to set the living wage standard. The Senate controls Federal tax rate/revenue, allocation of Federal funds, and the Federal Treasury.
The Mayor is the executive of the City. The Mayor is given the authority to hold City public hearings and subpoena witnesses, experts, or effected persons to testify before the City. The Mayor appoints administrators to City agencies. The Mayor controls City tax rate/revenue, allocation of City funds, and the City Treasury. The Mayor promotes City Commerce. The Mayor gives a yearly ‘State of the City’ address to the City population.
Provision c: The Court:
The Court has three branches: Law enforcement, Adjudication of Law, and Detention. Law enforcement is charged with protecting, investigating, arresting, and prosecution. Adjudication of Law is charged with administering civil, criminal, and juvenile court proceedings. Detention is charged with incarceration and rehabilitation.
See appendix “a” for Court rules and structure.
Law Enforcement is given the authority to protect citizens, property, and commerce through surveillance and intervention against crime. Law enforcement is given the authority to investigate crime. Law enforcement is given the authority to arrest any citizen that evidence reasonably indicates: has committed a detainable offense, is a direct threat to public safety, or has an arrest warrant against them. Law enforcement is given the authority to prosecute criminal suspects.
See appendix “b” for Law enforcement rules and structure.
Adjudication of Law (the court) is given the authority to set bail. The court is given the authority to conduct trial. The court is given the authority to impose sentencing on individuals convicted of crime.
Detention is given the authority to hold individuals sentenced by the court. Detention is given the authority to use rehabilitation (behavior modification) to treat criminal behavior.
Provision d: The Senate:
The Senate is comprised of State Representatives. Each State will provide a citizen elected State Representative to serve in the Senate. A valid Senate legislative session requires 95% of State Representatives be present to deliberate and vote. When a State Representative is unable to attend the legislative session, the Vice-State Representative will take their place in deliberations and voting. State Representatives can only miss legislative session when they are ill or grave personal matters exist.
State Representatives in an official capacity can only meet with the public or special interest groups in preannounced public forums, providing public witness and discussion. While State Representatives are in Senate session, they may not have contact with the public or any special interest groups in matters relevant to governmental issues. During Senate session, State Representatives can hold Senate discussions with the President, Governors, and Mayors, and hold public hearings. The public may witness Senate legislation, but they cannot participate. The public is excluded from witnessing Senate legislation dealing with secret national security issues.
Our government’s greatest vulnerability is having all our State Representatives in one place at one time. Because of this, a State Representatives and their Vice-State Representative cannot be present in legislated session at the same time. State Representatives can converse with their Vice by electronic means.
The Senate assembles for legislative session on the first Monday of May and ends the last week of July. Emergency sessions can be called by petition from 30% of State Representatives to assemble the full Senate for national security issues dealing with disaster relief, economic peril, or subversion threats.
Provision e: Required Work Hours of Governmental Official:
Governmental officials ‘elected and non-elected’ are employees of America and are required to work a minimum of 1,800 hours per year. This is based on a forty-hour workweek, 46-weeks per year. Governmental officials have six weeks of vacation/sick-leave time per year.
The President is required to spend 20% of his or her time working in public forums discussing public issues, 10% of their time in Senate legislative discussions, and the remainder of their time dealing with international affairs.
State Representatives are required to spend 50% of their working hours in public forums discussing public citizen issues; 25% of their working hours researching, thinking, and evaluating governmental programs and issues; and 25% of their time in legislative session deliberating and voting. State Representatives cannot take their vacation time during legislative session.
Governors and Mayors are required to spend 30% of their working hours in public forums discussing public issues.
Governors and Mayors in an official capacity can only meet with the public or special interest groups in preannounced public forums, providing public witness and discussion.
Provision f: Oaths of Office:
Any elected official before taking office is required to take the Oath of Office. The Oath: “I do openly pledge to the American citizenry that I will faithfully execute the duties of office, and will to the best of my abilities, preserve, protect, and defend the laws and intents of the Constitution of New America.”
The ‘Oath of Office’ will be administered and recorded by a Judge in the jurisdiction of where it applies.
The President’s ‘Oath of Office’ will be administered and recorded by judge before the legislature.
Any appointed and hired governmental official is required to sign an Oath of Public Service. The Oath: “I do openly pledge to the American citizenry that I will perform my duties as a Public Servant honestly and to the best of my abilities. That I will report any illegal or dysfunctional governmental activities to the American people. That I will solemnly preserve and protect the privacy rights of all American citizens.”
Signed Oaths will be placed in public record.
Any citizen serving in the military is required to take an Oath of Allegiance. The Oath: “I do openly swear to the President, the New America Constitution, and the American People that I will, with my life if necessary, protect and defend New America from all enemies both foreign and domestic. That I will follow the orders of the President before all other orders. That I will not shoot or harm any unarmed civilian on any lands of Earth under any order. I swear this with my life.”
A Judge in a public place will record an individual’s military oath before family, friends, and the public.
Section 3: Governmental Pay:
President: A salary of $300,000 per year; $1,800,000 per term. Paid by the Federal Treasury
State Representative: A salary of $200,000 per year; $800,000 per term. Paid by the State Treasury
Governor: A salary of $200,000 per year; $800,000 per term. Paid by the State Treasury
Mayor: A salary of $140,000 per year; $420,000 per term. Paid by the City Treasury
Judge: A salary of $120,000 per year; $360,000 per term. Paid by the City Treasury
Changes in ‘elected government’ pay can only be authorized by jurisdictional citizen vote.
Townships salaries of Mayors and Judges are decided by jurisdictional vote. Paid by Townships
The Senate sets Military and Federal Administrative executive pay. Paid by the Federal Treasury
Administrative executives set agency pay. Paid by their relative jurisdiction
Article II: Military Authority:
By Presidential order only, the military is authorized to defend our nation against enemies both foreign and domestic. The military is authorized to covertly conduct national and global security surveillance programs. The military is authorized to maintain defensives weapons in/on land, sea, air, and space.
All military personnel serve the President first, then their superior officer’s orders as long as those orders do not conflict with Presidential orders. All military personnel are individually obligated and authorized to protect New America against any internal military sedition.
All military personnel must swear an ‘Oath of Allegiance’ to the President, the New America Constitution, and the American People.
A citizen must be at least twenty-one years old to serve in the military.
See appendix “c” for Military rules and structure.
Article III: Departments of Government
State Representatives in Senate legislative session create Federal departments. The President appoints administrative executives to manage Federal departments. Administrative executives appoint administrative directors to Sub-department agencies. Administrative directors hire governmental staff.
The Senate shall create departments of Federal agencies: 1-The Office of President. 2-The department of Defense (Military.) 3-The department of Education. 4-The department of Welfare. 5-The department of Transportation. 6-The department of Postal Services. 7-The department of Consumer Affairs. 8-The department of Commerce. 9-The department of Federal Land Management. 10-The department of Science and Technology. 11-The department of Accounting. 12-The department of Building Codes. 13-The department of Federal Emergency Management. 14-The department of Federal Printing. 15-The department of government Federal Accountability. 16-The department of Federal Treasury. 17-The department of International Affairs. 18-The department of Labor. 19-The department of National Archives. 20-The department of Laws. 21-The department of Federal Buildings. 22-The department of Communications. 23-The department of Federal Agriculture.
The Governor shall create departments of State agencies: 1-The Office of Governor. 2-The department of State Treasury. 3-The department of State Accountability. 4-The department of Utilities. 5-The department of State Buildings. 6-The department of State Printing. 7-The department of State Promotion of Commerce. 8-The department of State Land Management. 9-The department of State Emergency Management. 10-The department of State Agriculture.
The Governor appoints the State department administrators.
State Representative Departments:
1-The department of Public Polling.
The State Representative appoints the State department administrators.
The Mayor shall create departments of City agencies: 1-The Office of Mayor. 2-The department of voting. 3-The department of City Treasury. 4-The department of City Accountability. 5-The department of Court. 6-The department of City Printing. 7-The department of City Buildings. 8-The department of Public Services. 9-The department of City Promotion of Commerce. 10-The department of City Land Management. 11-The department of City Emergency Management. 12-The department of City Domestic Animal Welfare. 13-The department of Library.
The Mayor appoints the City department administrators.
To ensure an open government, all agencies of Federal, State, City, and their sub-department agencies are integrated into a collective system of forthright cooperation. Each agency openly talks to the other agencies for any information they need to make informed governmental decisions. Agencies may not withhold any data they have from other agencies or the public. All agencies are extensions of one-another and the American citizen. Any citizen may request any data any agency has. The only exceptions are ‘Personal Metadata’ of citizens, or secret national security issues.
See appendix “d” for Federal, State, and City Sub-department agencies.
Article IV: Dealing with Corruption in Government
Corruption in government has been the foremost cause of human suffering. Corruption in government destroys equality, trust, stability, and ultimately liberty. Corruption in government harms all civilization.
Governmental officials must have the highest integrity while in office. We place our trust in government to set the examples and standards by which all Americans should behave. Governmental actions have a greater impact on the integrity and stability of New America than normal citizens, thus, we hold them to a higher standard. Government officials who break the law while in office bear special responsibility and pay a higher penalty for breaking the tenets of the New America Constitution.
These special penalties are:
Special penalty 1: Any government official, while in office, convicted of breaking the law will bear double the penalties of law. There is no statute of limitations or exceptions.
Special penalty 2: Any government official, while in office, convicted of engaging in illegal conduct involving treason, bribery, subversion, extortion, vote manipulation, or profiteering will face a mandatory penalty of twenty-years in prison. There is no statute of limitations or exceptions.
Special penalty 3: Any government official, while in office, convicted of exposing ‘Personal Metadata’ outside of Court or military use, is guilty of committing treason against a citizen (defined as citizen treason,) and will face a mandatory penalty of five-years in prison. There is no statute of limitations or exceptions.
Government employees and citizens reporting governmental crime have absolute immunity from criminal prosecution.
Article V: Electing Governmental Officials
Electing our government is the most vital act a citizen can take to preserve our liberty and way of life.
The intent of the New America Constitution and its Governing authority are to provide American citizens with the highest equality of freedom, prosperity, and happiness. Our inalienable right as living human beings is to be free to choose our own destiny. We are social creatures that must group and live together; to become civilized, we created rules governing our conduct. We designate government officials to impose these social rules upon all of us to maintain social cohesion. Electing governmental officials is our method of how we achieve the desired results of American liberty.
American citizens elect the President, State Representatives, Governors, Mayors, and Judges by majority vote as our authorized governmental officials. It is the citizen’s responsibility on behalf of New America to cast informed votes of our governing representatives.
To vote, a citizen must be twenty-one years old. A citizen’s right to vote cannot be revoked.
Section 1: The Election Process:
The election process has four stages: Petition drive, certification, pre-election, and primary election.
The ‘petition drive’ seeks signatures for candidacy. ‘Certification’ grants candidacy. The ‘pre-election’ reduces the field of candidates down to two candidates with the greatest number of votes in each elective position of government. The ‘primary election’ chooses the candidate with the majority of votes to fills the term and responsibilities of elective office.
The definition of ‘candidacy’ is the legal right to solicit money and campaign in public and commercial venues and media outlets seeking votes towards elective office.
The petition drive can only solicit signatures through voluntary citizen activists; it cannot solicit donations. Citizens can take it upon themselves to promote their potential candidate in public and commercial venues and media outlets as long as they do not solicit money.
Provision a: Qualification of Candidacy:
To campaign for governmental office, The Federal Accounting Office must first certify applicants for qualification. Applicants must meet the following four requirements:
1-A candidate for governmental office must be an American citizen for twenty-one years. 2-A candidate for governmental office must be at least twenty-five years old. 3-A candidate for governmental office must be competent in the Articles and Provisions of the New America Constitution.
4-Candidates for governmental office must be nominated by citizen petition. A candidate for President must have 100,000 citizen signatures on a petition to run for office. A candidate for State Representative must have 30,000 citizen signatures on a petition of that State to run for office. A candidate for Governor must have 30,000 citizen signatures on a petition of that State to run for office. A candidate for Mayor must have 1,000 citizen signatures on a petition of that City to run for office. A candidate for Judge (by district) must have 500 citizen signatures on a petition of that City to run for office.
A candidate for Mayor or Judge in a Township must have 10% of their citizenry signatures on a petition of that Township to run for office.
Any applicant fulfilling these qualifications is qualified and must be given certification to campaign for governmental office.
Provision b: Vice-position:
Each governmental position has a running mate (vice-position.) Once an applicant has been certified as a candidate, the candidate has thirty-days to choose a running mate as their vice-in-office. Vice-positions must be qualified by ‘Qualification of Candidacy” rules 1, 2, and 3. Vice-positions serve as the assistant of the elected government official; and replace the official if they are unable to perform their official duties for any reason.
Provision c: Campaign Rules:
1-Candidates can only campaign for governmental office during an election cycle. 2-Candidates can only campaign for one governmental office during an election cycle. 3-Candidates cannot represent political or private interest parties. 4-Candidates must have detailed platforms defining their agenda. 5-Candidates must use facts to oppose their opponents platforms. 6-Candidates are legally liable for knowingly using unsubstantiated, false, or deceptive information opposing their opponents platforms, and or, describing the status of America.
7-Incumbent candidates cannot use their staff or office to campaign. 8-The incumbent candidate’s campaign cannot intrude on their present duties as an elective official. 9-Incumbent candidates must use a private campaign office as their proxy. 10-Incumbent candidates can only use their vacation time to engage in soliciting, campaigning, debate, or give community speeches relevant to running for office.
Provision d: Campaign Financing Rules:
1-Candidates can only solicit or accept campaign donations during an election cycle. 2-A candidate can only receive a maximum $1,000 donation from each individual supporting their campaign. 3-Candidates cannot use their own money to finance their campaign. 4-Candidates cannot accept non-money donations. 5-Candidates cannot accept campaign donations from foreign entities. 6-Candidates cannot accept campaign donations from commercial entities. 7-Candidates can only use campaign donations for campaign expenses. 8-Candidates cannot use campaign donations for personal use. 9-Candidates must disclose their campaign donations by name and amount of donator as they occur.
10-No City, State, or Federal money can be used to support a candidate running for governmental office.
11-All candidates must surrender any remaining campaign donations after the election cycle to the Federal Treasury. 12-Candidates are personally liable for any campaign debts not paid.
Provision e: Voting Posts and Ballots:
Each City and Township is responsible for providing voting posts, printing ballots, counting votes, and forwarding ballots to the Governor. Voting Posts will be open for a 24-hour period to allow citizens an adequate time to vote.
The governor is responsible for recounting the votes and certifying City and State results, and publishing the results. Governors are responsible for forwarding ballots to State Representatives for legislative archives. In election years that include Presidential candidates, Presidential votes will be counted by State Representatives in legislated session, certified, and published.
Provision f: Taking Office:
Newly elected public servants will take the “Oath of Office,” and begin transition one week after election, and take public office thirty-days after election.
Outgoing public servants will assist the newly elected public servant in the transition process.
Provision g: The Election Cycle:
Elections for Federal, State, and City are held once a year during an election cycle. An election cycle begins the second Monday of April and ends the second Monday of September. The ‘primary election’ day will be a national holiday to allow citizens unhindered time to vote. (Special elections do not require a national holiday.)
The Court monitors campaign compliance and enforcement of campaign rules of election laws.
Provision h: Special Election:
A Special election is held when 30% of a City, State, or National electors sign a petition of intent. A petition of intent can be used to un-elect a government official, institute a change of law, institute or remove a public agency or program, stop military actions, or any matters regarding City, State, or Federal issues.
When the Federal Accounting Office certifies a petition of intent, a special election must be held by the relevant jurisdiction within 60 days of certification.
(Applicable meaning of “Jurisdiction” is a City, State, or Federal territory.)
Provision i: Terms of Office:
President: six-year term.
State Representative: four-year term.
Governor: four-year term.
Mayor: three-year term.
Judge: three-year term.
There are no term limits for any elected government office.
Provision j: Government Conduct:
The function of an elected and nonelected governmental official is to act as a public servant in the best interest of all the American people. To be open and transparent in all governmental matters, activities, and expenditures to facilitate an informed citizen review. To beget and maintain equality in opportunity, liberty, law, commerce, public programs, and the pursuit of individual happiness for all American citizens.
Government officials must present themselves as pillars of America. Government officials must exhibit the highest integrity in their activities. Government officials must honor their constituency.
All government officials must live by the same laws as citizens. There is no exception.
Article VI: Taxation
Section 1: The need for Taxation:
Taxation is vital to the stability of our nation. Taxation pays for the infrastructure and promotes social organization and national prosperity. Taxation is as important to individual liberty as is the freedom to generate wealth. However, unchecked accumulated wealth becomes a monarchy; taxation keeps wealth in check. Dispersion of wealth occurs through the working wage, taxation, and social programs.
Section 2: Taxation Structure: Tax Code:
There are three levels of taxation: Federal, State, and City. State Representatives set the Federal tax rate through Senate legislation. State tax rate is set by the Governor. City tax rate is set by the Mayor.
There are three types of taxes: 1-Commerce tax. 2-Land tax. 3-Wealth tax.
Commerce tax is a variable three tier general tax set by each of the three taxing entities of Federal, State, and City authority. Commerce tax can only be collected through purchase or trade of products or services (commercial.) All commercial transactions of money or trade are taxed. There is no exception.
For example, a commerce tax of 10%, based on the collective tax rate set by each of the three taxing entities would be allocated as: 4% going to the Federal Treasury; 3% going to the State Treasury; and 3% going to the City Treasury. As the revenue needs of each of the three entities changes, they can reset their tax rate accordingly. As an example, if a City needs more revenue to function, it can change its tax rate from 3% up to 4%, making the commerce tax now 11%. As well, if the Federal tax of 4% generates a revenue surplus, then it can be changed from 4% down to 3%, making the commerce tax now 10%. Commerce tax is paid directly to the City, which then allocates State and Federal Treasury proportions.
Land tax is set by the Governor for State revenue. Land tax is paid directly to the State Treasury, and is collected monthly based on the present value of the land. There is no exception.
Wealth tax is set by the legislature to inhibit monopolies and monarchies ability to form. There are two types of wealth tax, individual and commercial. An individual wealth tax begins at $2,000,000; a commercial wealth tax begins at $5,000,000. Wealth tax is paid directly to the Federal Treasury, and is collected monthly based on the present value of assets. As an example, an individual wealth tax of 3% equals a 36% yearly tax rate; and commercial wealth tax of .75% equals a 9% yearly tax rate.
The final failsafe against monarchy formation is the inheritance tax, which taxes estate value at 85%, and limits total inheritance per individual to $2,000,000.
Present value of assets is any property or money that is owned by the individual regardless of where in the universe those assets exist.
Section 3: Tax Obligation:
All Americans are legally obligated to pay taxes. America is the framework that allows any citizen the opportunity to prosper in a free, safe, and fair environment. Taxes pay for roads, education, mail, firemen, paramedics, police, courts, jails, military, and government programs. These are all public programs that directly benefit all American citizens. Taxes are the backbone of America.
When foreign entities buy or sell to America, they must pay the Commerce tax.
Provision a: Tax Limitations:
The City, State, or Federal government shall not apply any other forms of tax on domestic or foreign commerce. The City, State, or Senate shall not apply any excise tax on products or services. The City, State, or Senate shall not apply any income tax other than the Wealth tax.
The City, State, or Federal government shall not issue any bonds, borrow any credits/monies, or balance their budget outside of tax revenue.
Article VII: Citizen’s and Governmental Rights
Government will pass no laws that infringe upon the rights of American citizens. These lawful rights are:
Provision a: Citizens Rights:
1) The right of liberty.
2) The right to vote.
3) The right to own property: land, possessions, business, money.
4) Freedom of the press to report news and issues concerning citizens.
5) Freedom of public speech.
6) Freedom to public assembly in private and public places.
7) Freedom of personal belief.
8) Freedom of private conduct.
9) Freedom from unwarranted searches or seizures of body or personal property.
10) The right to bail and a speedy public trial by 12 impartial jurors.
11) The right to double jeopardy protection.
12) The right to own hunting weapons and concealed personal self-defense weapons.
13) The right to sue any entity for damages.
14) The right to free education.
15) The right to free healthcare.
16) The right to free welfare (basic life support.)
17) The right to work for a living wage.
18) The right to be fully informed of all government activities.
19) The right to six weeks paid vacation/sick-leave per year.
20) The right of self-determination.
21) The right not to be monitored in private places (homes, hospitals, and doctor’s offices.)
22) Special right 1: When misuse of the law or mitigating circumstance exists, a jury may use ‘Jury Nullification’ in not convicting a defendant.
23) Special right 2: Citizens have the right to gather ‘petitions of intent’ for any reason; and have the petition certified and voted on if 30% of the relevant jurisdictional elector’s sign the petition.
Should any citizen, business, or government official or agent of the government infringe upon these rights, they shall be held in contempt of ‘citizen’s rights’ laws, and prosecuted as prescribed by law.
Provision b: Governments Rights:
1) The government has the right to covertly collect Metadata, Biometric/DNA data, or any other relevant information required to monitor citizen’s security in public activities. This data is collectively called “Personal Metadata.”
2) The government (Law enforcement) has the right to search a suspect if probable cause exists.
3) The government (Law enforcement) has the right to seize any evidence if probable cause exists.
4) The government (Law enforcement) has the right to arrest and prosecute.
5) The government (Law enforcement) has the right to search and seize business under court order.
6) The government (Court) has the right to issue court orders/warrants, set bail, sentence, and incarcerate.
Article VIII: Rules of Commerce
Business gives America life; employees and consumers give business life; each is equal in contribution.
Business cannot prosper without the labor of employees, thus, the labor of employees generates the revenue, and must share in the prosperity. The hands of labor are as important as the money that generates industry. One cannot function without the other. New America affords business the environment and opportunity to flourish and prosper, and thus, business is obligated to New America and employees who generate the wealth, to share in the prosperity generated by their labor. America’s citizens are not slaves to be exploited for business profit.
To have a business in New America, business must operate within the confines of rules and regulations of the Commerce, Labor, Consumer Affairs, Federal Land Management, and Building Code departments.
Essentially these rules are:
1-Put American prosperity first before profit. 2-Business cannot use false advertisement to sale products. 3-Business cannot produce or sale hazardous products without Federal Commerce approval. 4-Business must tests products for consumer safety. 5-Business is liable for any injury to land, water, air, or space. 6-Business is liable for any consumer injury caused by defective products. 7-Business is liable for any worker injury caused by workplace hazards. 8-Pollution caused by industry must be contain and properly disposed of according to hazardous waste regulations. 9-Business can only sell stocks and bonds according to Commerce regulations. 10-Business must pay a living wage to full time workers. 11-Business must pay yearly employee bonuses, taken from twenty percent of yearly business profits.
Provision a: Monopoly Protection:
To protect against monopoly formation, when a business dominates the market above 35%, it must split into two separately owned companies.
Provision b: Controlling the Economy:
Wage controls spending, spending controls productivity, productivity controls jobs, jobs control the economy, and the economy controls prosperity for all American citizens. Wage is the generator of National Prosperity. The higher the wage paid to workers, the stronger the economy becomes, and the greater business profits from a strong consumer market. Our economy is a closed system of wage earned relevant to consumer spending. Consumer’s ability to spend promotes productivity. The revenue of industry generated by sales must complete the cycle through wage expenditures.
The two controlling factors of the economy are Wages and Taxes:
When wages go up, consumer spending goes up producing jobs, when wages go down, consumer spending goes down, and production (jobs) goes down.
When the tax goes up, consumer spending goes down, when the tax goes down, consumer spending goes up. Laws governing wages and taxes determine economic prosperity for all Americans.
See appendix “e” for Monetary rules.
Article IX: Labor Laws
Profits cannot be earned without employees to generate it. The employee is the most valuable asset of any business. When an employer hires a worker, they are buying a piece of that workers life, their time, physical expenditure, and their abilities. Workers must be fairly financially compensated for their sacrifice.
An employer has the right to discriminate and hire whom they choose to work in public view. When working out of view of the public, an employer cannot discriminate against any potential employee on the grounds of sex, age, race, ethnicity, nationality, sexual orientation/gender identity, or physical disability if that potential employee can adequately perform the work.
An employer cannot hire any persons less than eighteen years of age, unless authorized by the Department of Labor. An employer cannot hire any foreign worker unless authorized by the Department of Labor. Employers must follow all rules set forth by the Department of Labor.
Some of these Department of Labor rules entail:
Hourly full time employee rights:
1-Six weeks of paid vacation/sick leave per working year (1,800 hours.) 2-Emplyoees are only required to work eight-hours a day for five-days out of a week; or ten-hours a day for four-days out of a week. Employees voluntarily working more than forty-hours a week will be paid time-and-a-haft for each hour over forty-hours. Employees working on holidays will be paid time-and-a-haft. 3-Have a paid haft-hour lunch break and two fifteen-minute breaks for every eight-hours of work. 4-Work in a safe environment. 5-The right to form a Union and negotiate. 6-To share in yearly profits of the company through a bonus once a year.
Hourly part time employee rights:
1-One hour of paid vacation/sick-leave for every eight-hours worked. 2-Time-and-a-haft for working over eight-hours in any given day, or forty-hours in any given seven-day period. 3-Work in a safe environment. 4-Receive a paid fifteen-minute break for every two-hours of work. 5-Recieve a paid lunch break for working five or more hours in a day.
Article X: Natural Laws of Citizenship
To live together we must have laws of human conduct towards one-another to avoid social chaos. These laws of human conduct are like the rules of the road; if everyone obeys them, then the roads are safe; but if one or more break any rule, the roads become hazardous for everyone. New America is the womb that gives us freedom of life; it gives us Liberty and the opportunity to individually and collectively prosper.
As American citizens, we protect the womb of liberty with our actions towards one-another. There are seven natural laws of citizenship, these laws of American conduct are:
1) Not to kill or injure others. (Except in direct self-defense of serious or lethal bodily harm or loss of life sustaining property.)
2) Not to enslave others.
3) Not to steal from others.
4) Not to cheat others.
5) Not to lie to others.
6) Not to infringe upon the rights of others.
7) Not to infringe upon the tenets of the New America Constitution.
Breaking any of these laws of conduct is punishable by law.
Article XI: American Solvency
All international debts contracted, treaties formed, and engagements entered into before the adoption of this New America Constitution shall be as valid against the New America Constitution, as under the old United States of America, until equitably renegotiated for disposition.
All foreign lands owned by the previous Government of America will be sold back to their country of origin. America shall have no military bases on any foreign lands except temporally during war.
Article XII: Conclusion
To the world:
It is our intent not to interfere with the governing, commerce, or affairs of other countries. Should other countries interfere with American solvency, security, or territorial land, America will use whatever force deemed necessary to defend ourselves, including the use of military action. America reserves the right to conduct covert national and global security surveillance programs as our preempted defense.
If asked, America will aid any nation that incurs a national disaster. If asked, upon our discretion, America will aid any nation that is invaded by another nation. If asked, upon our discretion, America will aid in the apprehension of international criminals.
We the people of New America only desire a partner-relationship with the world, not rivalry.
So say the American People of New America