ARTICLE I. CONTINUED
LEGISLATIVE DEPARTMENT
POWERS & RESTRAINTS
In the following Sections, Domain is used in the place of
United States Government; Sub-domain is used in
place of State government, and Legislature is
used in place of Congress. These are generic
terms, adaptable to all governments.
Text within [brackets] is mine.
Note: Powers granted by this constitutional template are divided into two parts. The first part, Section I.8., describes powers granted to any domain; the second, Section I.12., describes powers reserved for the national government.
Section I.9. describes restraints on government, sometimes termed a Bill of Rights. Section I.10, lists powers denied the Sub-domains, and Section I.11. lists protections for them.
Section 1.8.
General Enumerated Powers
(These general powers are for all governments)
Summary: The legislature of any domain has power to lay and collect taxes to pay the debts and provide for its general welfare. It has power to borrow money; establish and maintain roads among its several Sub-domains; establish courts inferior to its Supreme Court; establish and regulate a police force; call up the Civilian Military Corps to enforce the laws, suppress insurrections and repel invasion; and, to make all laws necessary and proper for putting into effect these powers.
I.8.1. Collect Taxes: The Legislature shall have power to lay and collect taxes and invoices. to pay the debts and provide for the common [security] and general welfare of the [Domain]; but all excises shall be uniform throughout the [Domain]. (U.S.C. I.8.1.)
. . . * . . .
> The Government has authority to collect taxes, but ONLY for the listed purposes. Its propensity to spend must be limited by the Constitution.
> Without the ability to collect taxes, the government would perish.
> Taxing Sub-domains directly might lead to conflict and difficulty collecting them.
> Using the military to collect taxes would be despotic.
> Paying the government's debts is the first obligation of the legislature beyond protection during an emergency. Advantages of paying off the debt include, 1) good credit worthiness, 2) respect and confidence of other governments and its own citizens, 3) less need for revenue, allowing the citizens to keep more of their money; 4) improved security because money and resources are freed up for emergencies; and, 5) reducing or eliminating the need for deficit spending with its attendant evils.
> Taxes may be used for the general welfare only. The Government has no authority to pay for the welfare of select groups of persons to the exclusion of others. Doing so would be illegal and, if the money for such purposes were borrowed to be paid back by others, immoral.
> Uniform tax rates prevent discriminatory taxation and discourage tax manipulation for social engineering.
> Keeping tax rates low lessens the temptation to operate an underground economy, conduct illegal businesses, and engage in smuggling.
> Low tax rates expand the tax base. Fewer persons and businesses would dodge paying them.
I.8.2. Borrow Money: To borrow money on the credit of the [Domain]. (U.S.C. I.8.2.)
. . . * . . .
> Borrowing money for the Domain should be done only for dire emergencies and must be paid off promptly and completely when the emergency is past.
> Debt leads to enslavement and must be avoided if possible.
> Passing along one generation's debts to another is immoral.
> Public debt leads to debt service and oppressive taxation.
> The people rarely benefit from public debt.
I.8.3. Regulate Commerce: To regulate commerce among the several [Sub-domains]. (U.S.C. I.8.3.)
. . . * . . .
> This clause creates a common market among the Sub-domains and empowers the Domain to regulate trade among them.
> It preempts the Sub-domains from favoring one neighbor over another.
> However, it does not give the Legislature authority to regulate incidental or indirect activities such as broadcasting, farming, manufacturing, mining, production, sales, employment practices or any other intra-Subdomain activities, unless they have a substantial effect beyond the boundaries of the Sub-domain.
> This clause gives the Domain NO authority to regulate a Sub-domain's internal activities without its revocable consent. Such activities include commerce conducted solely within the Sub-domain, business practices, policing, food production, education, health, welfare and purchase and use of private property.
I.8.4. Establish Inter-Sub-domain Roads: [To establish roads among the several Sub-domains, but no preference shall be given to one Sub-domain over another.] (From U.S.C. I.8.7)
. . . * . . .
> Planning, constructing and maintaining roads among the several Sub-domains is best accomplished by the Domain rather than peace-meal by the Sub-domains.
> Proper laws and oversight are needed to prevent problems like pollution and noise, unprincipled legislators and executives who, after finding out where a road will go, buy up land at a low price and sell it to the Domain for profit, and burdensome requirements upon Sub-domains before they can qualify for funding to have them built.
I.8.5. Establish Courts: To constitute tribunals inferior to the Supreme Court. (U.S.C. I.8.9.)
. . . * . . .
> This clause creates a court system to hear and decide all cases within the Domain's jurisdiction.
> If the Domain is large there should be inferior courts in every Sub-domain and convenient to the people.
I.8.6. Raise and support a Security Force: To raise and support a [security force or forces], but no appropriation of money to that use shall be for a longer term than two years. (Compare with U.S.C. 1.8.12.)
. . . * . . .
> The Legislature is directed to make provisions for a police force, a constabulary, or guard to enforce the laws, keep the peace, and apprehend criminals.
> A security force should be used only for protection and never to support aggression or arbitrary police action. However, it should be strong and equipped well enough to do the work assigned to it.
> There is nothing in this provision preventing small domains from contracting with a larger for this protection.
1.8.7. Rules for the Security Forces: To make rules for the government and regulation of the [security forces]. (Compare with U.S.C. 1.8.14.)
. . . * . . .
> The Legislature is to write rules and regulations under which the security forces operate, making certain they operate under civilian control.
> However, it gives the Domain NO authority to regulate a Sub-domain's security forces, including the Civilian Military Corps, unless called into active service by the Legislature for one of the objects listed below (Section I.8.8).
1.8.8. Provide for Calling Up the Civilian Military: To provide for calling forth the [Civilian Military Corps] to execute the laws of the [Domain], suppress insurrections, and repel invasions. (Compare with U.S.C. 1.8.14.)
. . . * . . .
> The Civilian Military Corps, as defined herein, consists of all men of sound body and mind, ages 18 to 55 inclusive, and women voluntarily.
> Civil officers, such as police, handle routine matters such as arresting law breakers and keeping the peace. The Civilian Military Corps would be called upon for more general and serious threats.
> The Domain Legislature has authority to call forth the Civilian Military Corps for the three purposes stated: 1) to execute the laws of the Domain, 2) to suppress insurrections, and 3) to repel invasions. It has NO authority to call them up for any other purpose such as fighting in foreign lands or conducting preemptive campaigns.
1.8.9. Regulating and Training the Civilian Military: To provide for governing such part of the [Civilian Military Corps] as may be employed in the service of the [Domain], reserving to the [Sub-domains] respectively, the appointment of officers, and the authority of training [them] according to the discipline proscribed by the [Legislature of the Nation]. (Compare with U.S.C. 1.8.16.)
. . . * . . .
> While the Domain may call forth the Civilian Military Corps and appoint officers to lead the units collectively, Sub-domains appoint officers and maintain training authority over their own units.
> Maintaining the entire Corps in a state of readiness would be impractical and expensive. Although all would receive initial training and participate in weekly or monthly drills and summer exercises for a few years, not all would continue in a state of active readiness.
> The combination of a strong but limited national military, supported by a well-armed and trained Civilian Military Corps, is a most effective defense against foreign aggression, while securing peace, safety and freedom at home.
1.8.10. Legislation Over Government Property: To exercise exclusive legislation in all cases whatsoever over all places purchased by the consent of the [Sub-domain] in the which the same shall be for the erection of needful buildings. (From U.S.C. 1.8.17.)
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> The Legislature makes rules for overseeing its own property.
1.8.11. Necessary and Proper Laws: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers vested by this Constitution in the government of the [Domain] or in any department or officer thereof. (U.S.C. I.8.18.)
. . . * . . .
> This clause directs the Legislature to make all laws needed to carry out the provisions of the Constitution.
< However, it confers no powers upon the Domain beyond those enumerated; it merely authorizes passing laws necessary to implement them.
Section 1.9.
Restraints on Government
These restraints should apply to all governments.
Some provisions are part of what we
commonly call a Bill of Rights
Summary: Restraints on government are added to the Constitution to protect the people's natural rights in some areas where often violated. Three of these restraints were written into the text proper of the original Constitution for the United States. They are: The privilege of the writ of habeas corpus shall not be suspended; No bill of attainder or ex post facto law shall be passed; and, No capitation or other direct tax shall be laid, unless in proportion to the census.
Others were added as amendments. Although the Founders of the United States generally believed that the government would limit itself to the enumerated powers, some were skeptical and demanded safeguards before they would accept the new Constitution. With the promise that a Bill of Rights would be added, they did agree to ratify it. These additional restraints, drawn largely from the Virginia Declaration of Rights, became the first Ten Amendments.
They are included here (some abbreviated or modified):
(1) The Legislature shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances;
(2) The right of the people to keep and bear arms shall not be infringed;
(3) 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;
(4) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause;
(5) No person shall be held to answer for a capital or other infamous crime unless indicted by a grand jury, nor for the same offense to be twice put in jeopardy of life or limb, nor shall he 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 have private property taken for public use without just compensation;
(6) In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witness in his favor, and to have the assistance of counsel for his defense;
(7) In suits at common law when a controversy shall exceed the lesser of the value of 5 ounces of gold or five thousand, year-2000 dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the Domain, than according to the rules of the common law;
(8) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;
(9) The enumeration in the Constitution of certain rights shall not limit others retained by the people; and,
(10) The powers not delegated to the Domain by the Constitution, nor denied to the Sub-domains, are reserved to the Sub-domains or to the people.
Other amendments were later added. Some of these, combined and revised for the present work, are:
(1) The right of citizens, who are eighteen years of age or older to vote, shall not be denied or abridged because of race, color, previous condition of servitude, sex, age, or failure to pay a poll or other tax;
(2) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist; and,
(3) All persons born to citizens of the Domain, legally registered aliens or naturalized persons, are citizens of the Domain and of the Sub-domain wherein they reside.
Rights reserved to the People include
but are not limited to:
1.9.1. Writ of Habeas Corpus Not Suspended: The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require it. (U.S.C. 1.9.2.)
. . . * . . .
> This clause protects a citizen's right to be brought before the court for a proper hearing and prevents the government from imprisoning him or her without cause.
> Only the Domain Legislature may suspend the writ of habeas corpus while they are in session. The court may suspend it temporarily when the Legislature is not in session. The Executive cannot suspend it.
> The writ of habeas corpus can only be suspended for crimes against the Domain. It cannot suspend it for crimes under the authority of a Sub-domain, which can only be done by the Sub-domain's Legislature.
1.9.2. No Bill of Attainder or ex post facto Law: No Bill of Attainder or ex post facto law shall be passed. (U.S.C. 1.9.3.)
. . . * . . .
> A bill of attainder is an act declaring a person or group guilty of a crime and proscribing a punishment without the benefit of a trial.
> Under this Constitution, no person can be declared a criminal, fined or otherwise punished without a trial and conviction.
> An ex post facto law is a law passed after the deed (or fact). This clause protects a person from being punished for an act before a law was passed making it illegal.
1.9.3. No Direct Tax except in Proportion to the Census: No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. (U.S.C. 1.9.4.)
. . . * . . .
> A capitation (head tax or set amount per person) or other direct tax should be used only in dire emergencies and then only in proportion to the population of each Sub-domain.
> Failure to pay this tax does not disqualify a person from voting.
> A tax assessed on a person's income is disallowed by this clause. Such a tax is not assessed according to population and violates a person's right to be secure in his or her papers and effects.
1.9.4. No Money Drawn From the Treasury but by Law: No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. (U.S.C. 1.9.7)
. . . * . . .
> Any money spent must be legally authorized. Each appropriations bill must be passed by both Legislative Houses and signed by the President (or passed by a two-thirds vote over his or her veto).
1.9.5. Freedom of Expression, to Assemble and to Petition the Government: [The Legislature] shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (U.S.C. Amend 1)
. . . * . . .
> This clause prevents the government from interfering with the people's choice to join whatever religious organization they like. The government cannot favor one denomination over another. Nor can it interfere with a person's belief and practice of it, including mode of worship, prayer, or teaching of moral and religious principles.
> Religion and morality are needed for good government. Basic religious and moral principles, and tolerance, should be taught in the schools, but not those of one religion or denomination above another.
> Freedom of religion does not mean people can teach hate, violence, terrorism, or sedition against a republic established under authority of this Constitution.
> The government cannot debar freedom of speech or freedom of the press. However, these two freedoms should not be used to incite unrest, commit libel, encourage violence, or further the cause of enemies.
> Freedom of speech does not extend to dangerous or generally indecent writing. However, it does protect the free expression of ideas, even though some people may find them offensive.
> Reasonable regulations and controls may be needed for other public media, including radio, television, and the internet. But freedom to express one's opinion must never be hindered or censored.
> The right of people to assemble peaceably and to petition the government without government interference is guaranteed. This does not give people a right to breach the peace or conspire to commit a crime.
1.9.6. Right to Bear Arms Held Inviolate: A well-regulated [Civilian Military Corps] being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. (U.S.C. Amend. 2)
. . . * . . .
> The Civilian Military Corps (formerly termed militia) means all able-bodied men of sound mind, aged 18 to 55 years of age inclusive (17-45 years of age in the Constitution for the United States) who are not members of the regular armed forces. In modern times, Militia have erroneously been defined as the Organized Militia, such as the National Guard, which attend regular meetings and drills, and the Unorganized Militia or standby reserves.
> Unlike the militia named in the Constitution for the United States, the National Guard and Naval Militia are nationalized forces, subject to call and control of the President of the United States. They may be called to fight in foreign wars, conduct aggressive campaigns and even fight against their own countrymen if ordered by an evil and designing executive.
> Civilian Military Corps does not mean a private paramilitary force or an unauthorized group of people who arm themselves and conduct quasi-military training. It is a well-organized militia under control of the civil authority.
> Citizens under this Constitution are not subjects. They must be trusted by the government they have created and in which they have invested limited power. The right of the people to bear arms is protected by this clause.
> Protecting the people's right to bear arms, is not meant to promote gun clubs and hunting. Its intent is to have every able-bodied citizen trained and ready to fight effectively to defend himself, his family, his town and his country.
1.9.7. No Quartering of Soldiers but in a Legal Manner: 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. (U.S.C., Amend. 3)
. . . * . . .
> This clause protects families from being forced to house and feed soldiers and other military personnel, except during wartime, and then only as prescribed by law.
1.9.8. No Warrants without Cause: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. (U.S.C., Amend. 4)
. . . * . . .
> People have a right to privacy in their homes and places of business, including their papers and other personal items. This clause protects them from unwarranted searches and seizures.
> NO government agency, including a revenue collection agency, safety and health administration, or other bureau has rightful access to the communications and effects of any person, business or Sub-domain without their consent, unless based upon probable cause accompanied by a legal writ for the search and supported by an oath or affirmation made by the person seeking permission.
> Some situations are not unreasonable, such as for the police to check a car or house at the time of an arrest and pick up property that may be considered evidence. or to conduct reasonable inspections of restaurants that prepare potentially hazardous food.
> The right of privacy is not a license to kill, including euthanasia, infanticide and aborting a fetus. Nor should it be used to justify child or spousal abuse.
1.9.9. Rights of Persons Accused of a Crime / Due Process Required: No person shall be held to answer for a capital or other infamous crime, unless on the presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the [Civilian Military Corps], 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 without just compensation. (U.S.C., Amend. 5)
. . . * . . .
> This provision protects each person from any further prosecution once he or she has been processed through the trial procedure.
> It prevents the taking of property for public use without just cause and compensation.
> It does not authorize the taking of private property for private use, such as for a business of for addition tax revenue, without the property owner's consent.
> Just compensation for the taking of property for public use must cover loss of the property's functionality.
1.9.10. Right of Trial by Jury in Criminal Prosecutions: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the [Sub-domain] and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him [or her]; to have a compulsory process for obtaining witnesses in his [or her] favor, and to have the assistance of counsel for defense. (U.S.C., Amend. 6)
. . . * . . .
> This provision protects an accused person's right 1) to a speedy, public trial, 2) to be tried by an impartial jury in the district where the crime is committed, 3) to have an explanation of the crime of which he or she is accused, 4) to be confronted by accusers, and 5) to have an attorney for defense, whether or not he or she can afford one, to defend his or her reputation and prevent injustice.
> Both law and procedures should be clear and simple to avoid confusion. There must be 1) a law plainly defining the crime and stating the court having jurisdiction, 2) a requirement that the accused person be brought before the court, 3) authority to cause all pertinent available evidence to be produced, and 4) a plain, brief mode of procedure.
1.9.11. Right of Trial by Jury for Large Common Lawsuits: In suits at common law, where the value in controversy shall exceed [the lesser of the value of 5 ounces of gold or five thousand year-2000 dollars], the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the [Domain], than according to the rules of the common law. (U.S.C. Amend. 7)
. . . * . . .
> While administrative law has simplified procedures and saved expense, and is especially suited for small infractions, an accused person may request a jury trial when the value of the controversy is large.
> No judge or appellate court may set aside the jury's findings and alter the decision, except to order a rehearing if the court made an error in the law.
> Originally the value in controversy permitting a jury trial was twenty dollar; however, due to the deflated dollar's value, this amount is modified to maintain a constant "real" value.
1.9.12. No Excessive Bail, Cruel or Unusual Punishment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (U.S.C. Amend. 8)
. . . * . . .
> Excessive bail means bail so high that the accused cannot pay.
> However, if the crime is serious or the accused might harm others if released, setting a high or no bail may be appropriate.
> Punishments should fit the crime and not be excessive.
> Cruel and unusual punishment is forbidden.
1.9.13. Right to Vote Enjoined: The right of citizens of the [Domain], who are eighteen years of age or older, to vote shall not denied or abridged by the [Domain because] of race, color, previous condition of servitude, sex, age, or failure to pay a poll or other tax. (U.S.C. Amendments 15, 19, 26, 24)
. . . * . . .
> Every citizen of the Domain, eighteen years of age or older and not prevented by court action for mental disability or committing a crime, has the right to vote.
1.9.14. Slavery & Involuntary Servitude Prohibited: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the [Domain] or any place subject to its jurisdiction. (U.S.C. Amend. 13)
. . . * . . .
> No one within the jurisdiction of the Domain may be held in bondage against his or her will, unless duly convicted of a crime.
> involuntary servitude must include unwillingly working to pay taxes for another person's health, education or welfare, to support the excesses of a bloated bureaucracy; and, to pay large sums of money to government-favored businesses and corporations.
1.9.15. Citizenship Defined: All persons born [to citizens or legally registered aliens] or naturalized in the [Domain], and subject to the jurisdiction thereof, are citizens of the [Domain] and of the [Sub-domain] wherein they reside. No [Sub-domain] shall make or enforce any law which shall abridge the privileges or immunities of citizens of the [Domain], nor shall any [Sub-domain] 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. (U.S.C. Amend. 14)
. . . * . . .
> This provision declares that every person born to citizens or legally registered aliens, or who are naturalized in the Domain, has the right of citizenship in both the Domain and the Sub-domain where he or she resides.
> Children born to persons illegally in the Domain are not citizens. This does not prevent foreigners from coming to the Domain, but they must obey the law and follow required procedures.
1.9.16. Unassigned Rights Belong to the People: The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. (U.S.C. Amend. 9)
. . . * . . .
> This provision was originally believed unnecessary by the Founders of the United States; they believed that articles of the Constitution were clear enough. However, it was later added as a safeguard against governmental enlargement beyond its enumerated powers.
> The Domain must not, for whatever good intention, extend its authority into areas not enumerated in the Constitution. All rights unassigned by it remain with the Sub-domains or with the people. These include the right to set up and manage their own religious, health, education and welfare programs.
1.9.17. Undelegated Powers Retained by the People: The powers not delegated to the [Domain] by the Constitution, nor prohibited by it to the [Sub-domains], are reserved to the [Sub-domains] respectively, or to the people. (U.S.C. Amend. 10)
. . . * . . .
> In addition to rights, all powers not specifically delegated to the Domain by this Constitution, nor prohibited to the Sub-domains, are retained by the Sub-domains or the people.
Section I.10.
Sub-Domain Equality and Sovereignty
Summary: This section includes provisions protecting Sub-domains from an overreaching Domain, and so that they are equally advantaged. Specific provisions include:
(1) No tax or duty shall be placed on articles exported from any Sub-domain;
(2) No preference shall be given by any regulation of commerce or revenue to the ports of one Sub-domain over those of another; nor carriers bound to or from one Sub-domain obliged to enter, clear, or pay duties in another;
(3) No laws shall be made by the Domain abolishing or interfering with domestic institutions within any Sub-domain except as allowed by this Constitution; no new institution or program shall be established or tax placed on the Sub-domain or its citizens in support of it, without the revocable consent of the Sub-domain's Legislature; and,
(4) Powers neither delegated to the Domain by the Constitution, nor prohibited by it to the Subdomains, are reserved to the Sub-domains or the people.
I.10.1. No tax on exports: No tax or duty shall be laid on articles exported from any [Sub-domain]. (U.S.C. I.9.5)
. . . * . . .
> This clause allows Sub-domains to sell their products abroad without an added tax that would hurt local manufacturers' ability to compete favorably with foreign concerns. Taxing imports could also breed competition and jealousies among Sub-domains.
I.10.2. No Bias Regulating Commerce: No preference shall be given by any regulation of commerce or revenue to the ports of one [Sub-domain] over those of another, nor shall [carriers] bound to or from one [Sub-domain] be obliged to enter, clear, or pay duties in another. (U.S.C. I.9.6)
. . . * . . .
> Every carrier can go from port to port within the Domain without having to pay tribute or gain clearance from an intervening port.
> Rules for regulating commerce must be fairly administered.
I.10.3. Sub-domain sovereignty protected: [The Legislature shall make no law to abolish or interfere with the domestic institutions of any Sub-domain, except as allowed by this Constitution; and shall impose no new institution or program, or tax or charge a Sub-domain or its citizens in any way in support of it, without the revocable consent of the Sub-domain's Legislature.]
. . . * . . .
> The first part of this clause is modified from a Thirteenth Amendment approved by Congress, March 2, 1861 and signed into law by President Lincoln, but not ratified by the states on the eve of the Civil War.
> This provision is designed to secure the independence of each Sub-domain by preventing intrusion by the Domain into its own affairs and lives of its citizens.
> In a free society, the sole purpose of government is to protect and secure rights. It does not run programs or tax its citizens for them. Those who want social services can confer privately and set them up.
> In a totally free society the last part of this clause would be unnecessary. However, because most governments have, sooner or later, taxed their citizens to run programs, it is added. Consent must be revocable to protect Sub-domains and their citizens from paternalistic encroachment by the Domain, excessive administrative costs, choking regulations, corruption, or for any other reason.
I.10.4. Undelegated Powers Retained: The powers not delegated to the [Domain] by the Constitution, nor prohibited by it to the [Sub-domains], are reserved to the [Sub-domains] respectively, or to the people. (U.S.C. Amend. 10)
. . . * . . .
> This clause is identical to Clause I.9.17. It is repeated here for emphasis and because it prohibits the Domain from usurping powers of its Sub-domains as well as the liberty of the people.
Section I.11.
Powers Denied to the Sub-domains
Summary: Some restrictions are placed on the Sub-domains to ensure uniformity, lessen confusion, and lessen conflicts and embarrassing situations with foreign powers. Sub-domains are prevented from making treaties, alliances or confederations, coining money, issuing bonds or bills of credit and making anything other than precious metal coins of defined weight and purity a tender in payment of debts. They may not pass any bill of attainder, ex post facto law, law impairing the obligation of contracts, or grant titles of nobility. They may not lay taxes or duties on imports or exports except under certain conditions or as directed by the National Legislature. Revenues from fees more than port expenses must be forwarded to the National treasury. They may not, without the consent of the National Legislature, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another Sub-domain or foreign power, or engage in war unless invaded or in imminent danger.
I.11.1 No Agreements with Foreign Entities, No Coining of Money, Only Metal Coins in Payment of Debts: No [Sub-domain] shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but [precious metal coins of defined weight and purity] a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. (U.S.C. I.10.1.)
. . . * . . .
> These powers, which are denied the Sub-domains, are the exclusive purview of the National government. Were Sub-domains to use another medium of exchange, it would cause confusion and promote discord.
> Precious metals have intrinsic value. Paper or electronic money only represents value. If paper and other fiat money are not fully backed by commodities of real value, fraud is encouraged, credit and honor are compromised and citizens who have saved money for security or old age are bilked.
> Paper and other fiat money encourages speculation and corrupts the morals of the people.
> No citizen may be indicted or convicted of a crime without a fair jury trial. Neither can a citizen be penalized for a crime that was not illegal at the time an act was committed.
> No Sub-domain may pass a law abridging contractual agreements between individuals or between an individual and the Sub-domain. No law may be passed that would declare a contractual obligation null and void except for, on a case by case basis, those signed under stress or duress.
> No government of a free society at any level may create an aristocracy or privileged class.
I.11.2. No taxing of Imports: No [Sub-domain] shall, without the consent of [the Legislature of the Nation], lay any imposts or duties on imports or exports, except what may be
absolutely necessary for executing its inspection laws: and the net produce of all duties and imposts laid by any State on imports and exports, shall be for the use of the treasury of the [Nation]; and all such laws shall be subject to the revision and control of [the Legislature of the Nation]. (U.S.C. I.10.2.)
. . . * . . .
> The Domain can intervene to prevent a Sub-domain from profiteering or inflicting hardships upon its neighbors with less favorable ports.
> The Legislature may supervise and control Sub-domain imposts or duties to prevent interference with foreign and inra-Domain commerce. It can also set uniform rates.
> Money collected more than needed for incidental expenses and inspection costs, must be paid to the national treasury.
I.11.3. Other Restraints: No [Sub-domain] shall, without the consent of [the Legislature of the Nation], lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another [Sub-domain], or with a foreign power, or engage in war, unless invaded or in such imminent danger as will not admit of delay. (U.S.C. I.10.3.)
. . . * . . .
> A tax on a carrier's tonnage or capacity is for covering the costs of maintaining a port. All ports should be fairly treated, but the Legislature can allow a different rate for special situations such as the joint use of a port for a military or naval base.
> The National Legislature decides what armed forces, except for the Civilian Military Corps, are kept during peace time.
> Sub-domains may not carry out armed aggression against a foreign power or their neighbors. Nor must they enter into an alliance, confederation, or agreement with a foreign government. Doing so could spark a major crisis.
> This clause is designed to prevent open aggression by a Sub-domain without approval from the national government, while permitting a vigorous defense if invaded.
I.11.3. Equal Protection of the Laws Required: No [Sub-domain] shall make or enforce any law which shall abridge the privileges or immunities of citizens of the [Domain]; nor shall any [Sub-domain] 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. (From U.S.C. Amend. 14)
. . . * . . .
> Every person within the Domain is guaranteed equal protection of life, liberty and property. But Sub-domains are not required to give non-citizens the same access to services as citizens. Citizenship does and ought to have its privileges.
> Although the Domain has authority to protect the rights of its citizens, it has no authority to intervene in the internal affairs of a Sub-domain except to settle the appeals of people who have been deprived of life, liberty or property without due process of law, or who have been denied equal protection of the laws.
Section I.12.
Additional National Powers
(These are plenary powers reserved for a National government.)
For this Section, National Government is used
in place of United States Government;
State or Province is used in place
of State government.
These are generic terms, adaptable
to all National governments.
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Text enclosed within [brackets] is mine.
Summary: The Legislature of a Nation has the following additional powers: Collect taxes on imported goods and services; regulate commerce with foreign nations; establish rules of immigration and naturalization; make laws regarding bankruptcies; coin money and regulate its value; set foreign money exchange rates; establish standards of weights and measures; punish counterfeiting; regulate corporations among the several Sub-domains; establish and regulate post offices; promote science and useful arts by establishing patent and copyright laws to protect inventors and authors for a limited time; define and punish piracies and felonies committed on the high seas and in space, and offenses against International law; declare war; make rules concerning the capture of prisoners of war, spies and refugees; raise and support an army, air force and navy; make rules for their governance and regulation; provide for organizing, arming, and disciplining the Civilian Military Corps, and for governing such as may be called into the service of the Nation; make laws to govern such district as may become the seat of the government; and, make rules governing all necessary public buildings.
I.12.1. Taxes on Imports: [The Legislature of the Nation shall have power to lay and collect duties and imposts on imported goods and services; but such duties and imposts shall be uniform throughout the Nation.] (From U.S.C. I.8.1.)
. . . * . . .
> Only the National government has authority to collect taxes on imported goods and services.
> Taxes on imports (tariffs) should be reasonable. Excessive taxes support inefficient local industries, increase the cost of goods, and encourage smuggling.
>Excessive import duties invite retaliatory tariffs that would stifle exports. Manufacturing and business activity would be depressed and jobs lost.
I.12.2. Commerce with Foreign Nations: To regulate commerce with Foreign Nations (and with the Indian Tribes). (From U.S.C. I0.8.3.)
. . . * . . .
> The National Legislature is directed to regulate commerce with other nations. This is a plenary power, not allowed to the Sub-domains.
> The National government may determine which articles are imported and the tariff or duty charged for importing them. It may prevent the importation of harmful substances, adulterated food, lottery tickets, certain drugs and diseased plants and animals.
> It may regulate communications received from foreign lands to prevent espionage, detect treason, and ban dangerous, lewd, obscene and otherwise degrading material.
> It has authority to regulate services received from foreign nations. However, in doing this, care must be taken not to protect inefficient domestic businesses.
I.12.3. Naturalization and Immigration: To establish uniform rules of naturalization (U.S.C. I.8.4.) [and immigration, except that the right of a person to become a naturalized citizen of the Nation shall not be denied or abridged because of race, sex or marital status.] (8 U.S. Code 1422)
. . . * . . .
> The Legislature has power to decide who, how many and under what circumstances immigrants may enter the Domain and become its citizens.
> No one is refused citizenship solely because of race, sex or marital status.
> Requirements to become a citizen should include:
(i) knowledge and understanding of the language;
(ii) knowledge and understanding of the fundamentals of the history, and of the principles and form of government of the Domain;
(iii) willingness to work and contribute to society; and,
(iv) taking of an oath of allegiance.
> A free society should be generous in allowing others from repressive regimes to enter and become its citizens; however, all should enter through proper channels, be properly screened and learn the language, laws and customs of the Domain. It is a travesty of justice, fairness and moral decency to allow some to avail themselves of resources and freedoms created by others, while those who enter through proper channels must abide the necessary conditions and wait the required time.
I.12.4. Bankruptcies and Corporations: To establish uniform laws on the subject of bankruptcies throughout the [Nation and for the regulation of corporations among the several States or Provinces]. (From U.S.C. I.8.4.)
. . . * . . .
> This is an extension of the commerce clause.
> Without national laws regarding bankruptcies there would be different laws among the several Sub-domains. Fraud, including removal of property from one Sub-domain to another for better profit, would result.
> Uniform laws for regulating corporations conducting business beyond the borders of a Sub-domain, provides an element of protection against fraud, usurpation of investment moneys for spurious or clandestine purposes, confusing nesting schemes, improper disclosures, and competition among Sub-domains.
I.12.5. Coin and Regulate the Value of Money / Fix Standards: To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. (U.S.C. I.8.5)
. . . * . . .
> A uniform monetary system eliminates confusion and inefficiencies, and reduces fraud.
> Bills of credit cannot be issued by the government.
> On the other hand, paper or electronic money, compared with bulky coins, when redeemable in precious metals so as to be trustworthy, is convenient and helpful in transacting business.
> Whatever monetary system is employed, must not be altered for whatever justifiable purpose, nor must more paper or electronic money be "printed" than redeemable in precious metals or other commodities. The value of money should be stable across generations.
> Due to various schemes, mostly grand theft by the government via the Federal Reserve system, the value of the dollar has declined from 1/20th ounce of gold in 1928, to less than 1/2600th ounce in 2024. A Baby Ruth candy bar costing five cents in 1950, today costs $1.25.
> Requiring the Legislature to fix the standard of weights and
measures provides stability and confidence in them for manufactures, merchants and the people generally.
I.12.6. Punish counterfeiting: To provide for the punishment of counterfeiting the securities and current coin of the [Nation]. (U.S.C. I.8.6.)
. . . * . . .
> Counterfeiting of securities and coins is a crime under the jurisdiction of the National government.
I.12.7. Post Offices: To establish post offices. (U.S.C. I.8.7.)
. . . * . . .
> The Legislature of the Nation is directed to establish and regulate post offices.
I.12.8. Promote Progress: To promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. (U.S.C. I.8.8.)
. . . * . . .
> Writers and inventors are protected from others who would steal their works and ideas without permission.
> Protection should be for a limited time, long enough to benefit the author or inventor, but not so long as to deprive society indefinitely of their benefits.
> Patents should be strong enough that no competitor can break them by changing an invention just slightly and so that inventors do not need to resort to secrecy to develop and bring to market a product for fear it will be stolen.
I.12.9. International Crimes: To define and punish piracies and felonies committed on the high seas [and in space], and offenses against [International Law]. (From U.S.C. I.8.10)
. . . * . . .
> The Legislature of a Nation is tasked to define and punish crimes committed by its citizens and entities outside the jurisdiction of any Sub-domain.
> It is also charged with deciding how international law is applied when it involves the Nation or its citizens.
I.12.10. War Powers: To declare war, and grant letters of marque and reprisal [for defensive action]. (From U.S.C. I.8.11.)
. . . * . . .
> The Legislature has the right and responsibility of declaring war. The Executive has NO authority to do so.
Thomas Jefferson: The power of declaring war being with the Legislature, the executive should do nothing necessarily committing them to decide for war.
> In years when there was a formal declaration of war, victory was generally won. In conflicts where there was no formal declaration of war by the Legislature, armed forces were stalemated with the loss of many lives and much treasure.
> Permission to grant letters of marque and reprisal was rescinded in 1856 because it was no longer permitted under international law. It is permitted here only for defensive action.
I.12.11. Army: To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years. (From U.S.C. I.12.11)
. . . * . . .
> The Legislature of a Nation is directed to raise money to support armed forces.
> The money used for this purpose is public money and should only be used for defense. It must not be used to support aggression, nation building in foreign lands, or to drum up business for defense contractors and manufacturers.
>The army should be relatively small during peace time.
> However, it must be sufficiently strong and well equipped to deter aggression and protect national interests.
> Civilian military alone are inadequate defense against a disciplined regular army.
> A two-year limit on military spending curbs any tendency an ambitious executive may have to exceed his or her authority and conduct an illegal campaign or suppress the people.
I.12.12. Navy, Air and Space Force: To provide and maintain navy, air and space forces. (From U.S.C. I.8.13.)
. . . * . . .
> There is no time limit on appropriations for these forces. Large ships and planes require years to produce and regular maintenance.
> Conversely, the Founders feared that a standing army could be used against the people, hence the two-year limit on appropriations for it. The two year limit should also apply to naval and other ground forces, which could be called into service by a designing executive's illegal action.
I.12.13. Military Regulations: To make rules and regulations for the government and regulation of the land, naval [air, and space] forces. (From U.S.C. 1.8.14.)
. . . * . . .
> The Legislature of the Nation is directed to make rules to govern and regulate all its armed forces, including the Civilian Military Corps.
> All military operations, including training, are under civilian authority.
I.12.14 Organizing and Arming the Civilian Military: To provide for organizing, arming, and disciplining the [Civilian Military Corps]. (U.S.C. I.8.16)
. . . * . . .
> The Legislature of the Nation is directed to make provisions for organizing, arming and training the Civilian Military Corps, although the Sub-domains have concurrent responsibility..
> Uniformity of rules, arms, protocol, tactics and techniques is needed for an effective fighting forces and to avoid confusion among units.
I.12.15. Seat of Government: To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding size to be determined) as may, by cession of particular [States or Provinces], and the acceptance of the [Legislature], become the seat of the government of the [Nation], and to exercise like authority over all places purchased by the consent of the legislature of the [State or Province] in which the same shall be for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. (U.S.C. I.8.17.)
. . . * . . .
> This clause is an extension of Section I.8.10. It includes the purchase and legislative oversight of a district for the seat of the National government, and for the erection and management of forts, magazines, arsenals, dockyards and so forth.
> Lands and facilities within the bounds of a Sub-domain must be purchased with consent of its legislature.