A New Declaration of Independence?

My friends in liberty, the time has come to make plans for what comes after societal collapse.  While we still have easy use of email, cell phones, unimpeded travel and of course, the internet, we must do what we can to make new guards for our future security. 

…Just in case, right? 

You’d better have a good reason if you’re not thinking we should prepare…

Since the first words of history were written, the death of nations has proven as inevitable as the death of mortal lives.  But when nations fail and people must choose a new order to their culture, history shows it is wise and fruitful to describe the nature of the failure, and to announce the plan for a better way forward.

The Constitution for the United States of America has long been dead ink, with no force of law, and no longer in any way restraining the ancient tendency of politics to oppress, enslave, plunder and murder.

The Constitution for the United States of America was the sole authorization for the power of a federal government over the United States of America.  The state constitutions were written on the assumption of an intact federal constitutional contract.

It would be pointless, endless and distracting to enumerate the transgressions of law and human decency.  It must suffice to say that each of the state and federal constitutions is no more than a broken contract and law without force, understanding or respect.  The former fabric of legality and morality was always tenuous and under attack, but it is now without question completely gone.  It is now timely and prudent to move beyond the disappointment and failure, and chart a new path by a new design.

We are now on the eve of great suffering.  This suffering is as necessary to complacent citizens as reveille is to sleeping cadets.  It will galvanize and unify citizens for what is necessary should we choose to succeed where previous generations have failed.

Yet it would be worse than folly to imagine that the whole land that once was the USA is capable of the unity and direction necessary to bring a new nation from the ashes of the old.

So on the desperate hope that even one state can rise like a Phoenix, and in the fervent wish that one such state will be a beacon to others, (I propose that) the people of the state called Texas (should) hereby shed the pestilent shell once called the United States of America, and establish a new charter, for a new nation; built not on pride but on humility and lessons learned the hard way.

Constitution of Texas

Preamble

Article I, Authority and Power

Article II, Separation and Opposition of Powers

Article III, Administrative Department

Article IV, Legislative Department

Article V, Judicial Department

Article VI, Executive Department

Article VII, Taxation

Article VIII, Armed Force

Article IX, Counties

Article X, Corporations

Article XI, Oaths, Allegiance and Flags

Article XII, Amendment

Appendix A, Boundaries

Appendix B, Enumerated Rights

Appendix C, General Rules and Principles

Appendix D, Public Environment

Appendix E, Civil Procedures

Addendum, Ratification and Transition

 

 

Constitution of Texas

 

Preamble

Despite our well-intended words and a recurring tendency to dream otherwise, political government has always been humankind’s agent of theft, oppression, slavery, genocide and war. 

Human weakness necessitates political government by those circumstances when human beings fail each other in adult self-governance.  Yet it is better to err on the side of restraint than to entrust too much power into the inherent violence of politics. 

Fools brandish power, the wise restrain it.

Therefore, calling in hope upon our feeble capacity to rise to maturity and civil decency; with the sober goal to restrain the violence we consciously invoke; and humbly recognizing an ancient and unbroken record of political failures, we the people of Texas do hereby empower and limit a political government for the independent political state and geographical area hereafter called, Texas.

 

Article I

Authority and Power

 

Section I

Sole political authority

This constitution is the sole authority for all political power in Texas. 

1. No administrative, legislative, judicial or executive authority exists at any level of Texas political governance outside what is clearly written into this constitution.  No administrative, legislative, judicial or executive action or even words may legally contradict or usurp or bypass the absolute authority of this constitution. 
2. The words of this constitution are to be understood as written, without implied meanings or powers not specifically written into this constitution.  Authority not specifically granted by this constitution is specifically denied. 
3. Legislation does not create governing authority.  No persons, singly or in groups, may create Texas governing authority outside what is clearly written in this constitution.  New authority requires constitutional amendment by the process specified in Article XII. 

 

Section II

Laws are simple, few and obeyed without exception

1. The words of this constitution are law in plain speech; to be easily understood by all, so that transgressions can be known by all.
2. The powers delegated to Texas are to be few enough to be known by all.
3. This constitution is to be obeyed without exception. 

 

Section III

Texas powers and roles

Enforcement of any rule or collection of any tax inherently results in some degree of harm, and could result in death.  Therefore Texas may act, and may use violence, in only these matters:

1. Enforcement of this constitution.
2. When one or more persons abuses, violates or harms another person’s body, rights, property or contracts; and in any case of fraud or deception that results in harm.
3. Establishment and verification of citizenship as defined in Article III.
4. Movement of persons and objects across Texas borders and airspace.
5. Maintenance of the Public Environment as defined in Appendix D.
6. Foreign relations.
7. Corporations as defined in Article X.

1. Training and equipment of armed forces as defined in Article VIII of this constitution.
2. Policing only as defined in this constitution.

10.  Operation of courts and prisons.

11.  War as defined in Article IV.

12.  Texas currency as defined in Article III.

13.  Taxation as defined in Article VII.

 

Section V

Boundaries

1. The political state established by this constitution exists solely within the physical boundaries detailed in Appendix A of this constitution.
2. The Texas Legislative Department, in cooperation with the properly authorized government of any adjoining state, is empowered to redefine the state boundaries.
3. Texas welcomes lawful visitors and foreign trade.  Texas may accommodate those who wish to become Texan citizens.  But the preeminent role of Texas laws and Texas borders is to protect Texas citizens from external forces.  Therefore only Texas citizens and their personal property may cross Texas borders without prior approval. 

 

Section VI

Texas property and buildings

1. National and county governments are authorized to retain title to publicly owned rights of way which exist at the time of ratification of this constitution.
2. The national government is authorized to retain title to those lands and buildings constituting the Capitol grounds in Austin, Texas at the time of the ratification of this constitution.
3. County governments are authorized to retain title to the lands and buildings constituting the county courthouse grounds at the time of the ratification of this constitution.
4. Title to other lands and buildings may be held by county governments upon the approval of two-thirds of the voters of that county provided that the total of all such real property does not exceed one-percent of the total land area of the county.

 

 

 

 

Article II

Separation and Opposition of Powers

 

Section I

Four Branches of Governance

All governing power shall be divided into four distinct departments; administrative, legislative, judicial and executive. 

1. No administrative, legislative, judicial or executive authority exists outside what is clearly written into this constitution.  No administrative, legislative, judicial or executive action or even words may legally contradict or usurp or bypass the absolute authority of this constitution. 
2. No powers or authority are shared between the four departments. 

 

Section II

Administrative Department

1. Only the Administrative Department is authorized to enforce Texas laws and judgments, to coin money, to collect taxes, to dispense Texas government funds, and to execute war.
2. The Administrative Department has no other power.
3. No Administrative Department action or words shall have the effect of legislation or judgment.
4. The Administrative Department is not authorized to use physical or otherwise coercive force against the other three Departments of Texas government.
5. The Administrative Department is authorized to use physical and otherwise coercive force against only those citizens found to be:
   1. Violating the body, rights and property of other citizens.
   2. Violating constitutional laws of Texas.
6. Enforcement of laws and judgments always carries the risk of death.  Administrative action against citizens shall be limited to:
   1. Fines, restitution, liens and garnishes, to be collected without physical force when possible.
   2. Arrest, only when necessary, and according to the limitations of Appendix E.
   3. Imprisonment only when other remedies are impossible; and for only as long as judged necessary by the Judicial Department.
7. Death of a citizen is cause for immediate Executive Department review.
8. The Administrative Department shall oppose abuse and/or unconstitutional actions in the other three Departments by the withholding of enforcement and/or funds.

 

Section III

Legislative Department

1. Only the Legislative Department is authorized to write laws that affect citizens or any other departments of Texas, to authorize Texas government funds, and to declare and end a state of war.
2. The Legislative Department has no other power.
3. No law shall be written that depends upon any authority outside this constitution.
4. Legislation cannot create authority.
5. Legislation cannot delegate authority.
6. No Legislative Department action or words shall have the effect of administration.
7. The Administrative Department is authorized to restrict Texas government authority by:
   1. Arrest and trial by citizen jury according to the limitations of Appendix E.
   2. Imprisonment.

 

Section III

Judicial Department

1. Only the Judicial Department is authorized to judge matters of constitutionally authorized laws, enforcement of same, and cases of dispute between citizens, corporations and political entities both within and outside of Texas.
2. The Judicial Department has no other power.
3. No Judicial Department action or words shall have the effect of legislation or administration.
4. Legal precedents shall have no authority.

 

Section IV

Executive Department

1. The sole power of the Executive Department is to limit the power of the other three branches to only what is authorized by this constitution.
2. The Executive Department has no other power.  The Executive Department has no power over citizens.
3. No Executive Department action or words shall have the effect of legislation or civil administration. 
4. The judicial powers of the Executive Department are limited to:
   1. The constitutionality of Texas government.
   2. Disputes between departments of Texas government.
   3. Disputes between citizens and Texas government.
   4. Between corporations and Texas government.
5. The Executive Departments is authorized to use physical and otherwise coercive force against any agent of the government Texas found to be in violation of:
   1. This constitution
   2. The rights of lawful citizens
   3. The constitutional laws of Texas. 
6. The Executive Department is authorized to restrict Texas government authority by:
   1. Arrest and trial by citizen jury according to the limitations of Appendix E.
   2. Imprisonment.
   3. Persons found guilty of willfully violating the constitution, and/or of violence against Texas may be killed.

 

 

Article III

Administrative Department

 

Section I

Organization, Qualification and Election

1.  

 

Section II

Yada yada yada

Yada yada. 

 

Section III

Texas Currency, Banks and Bonds

1. Texas-issued currency
   1. Texas shall not issue paper money.
   2. Money issued by Texas shall be gold, silver and copper coins only
   3. The basic unit of Texas money shall be the Alamo, and shall be equivalent to and redeemable for one gram of 99% gold.
   4. Gold coins shall be no less than 92% gold, with the gold weight embossed into each coin.
   5. Silver coins shall be no less than 90% silver, with the silver weight embossed into each coin.
   6. Copper coins shall be no less than 50% copper, with metal value relative to face value, and the value of the gold and silver coins at time of issuance.
   7. Texas shall have authority to prosecute counterfeiting Texas coin as a crime.
   8. Texas may require the use of Texas coin for payment of taxes or legal judgments.
2. Free Market Currency
   1. Texas citizens shall be free to trade as they choose.  Texas shall neither require nor prohibit any form of currency in trade between Texas citizens.
   2. Texas shall have no authority in free market currency or banking except in cases of taxation, theft, fraud, deception or harm. 
3. Transfers, deposits and drafts
   1. There shall be no “fractional reserve” banking. 
   2. All virtual transfers, deposits and drafts require sufficient money on account to fulfill the transaction.
   3. The Administrative Department is authorized to audit and enforce accuracy and sufficiency of funds in all virtual transactions.

 

 

Article IV

Legislative Department

 

Section I

Bicameral Congress/two houses

All senators and reps get equal pay. 

 

Senators chosen by county governments (not by voting citizens); one per county.  No special classes, pay or rank allowed.  One senator, one vote.    The senate will hire an independent parliamentarian to conduct official proceedings and manage a minimum necessary staff for the purposes of formatting bills, counting votes, etc.  Senate may not authorize spending of any kind. 

 

Representatives chosen by voters in county districts drawn by the Senate.  Each rep district contains at least 30% of its area within a right angle.  One rep., one vote.  No special classes or rank allowed.  The House of Rep. will hire an independent parliamentarian to conduct official proceedings and manage a minimum necessary staff for the purposes of formatting bills, counting votes, etc.  All funding through this house

 

Census every ten years – only to count the number of persons holding permanent residence in each county for the purpose of determining the number of representatives in total, and the division of that number (as equally as possible) by county.

 

Representatives serve no more than three four-year terms

Senators serve no more than two six-year terms

 

Section II

Legislation

 

1. No bill shall exceed one thousand, five hundred words in length.
2. Each bill shall include a declaration of tolerable loss.  This declaration shall specify the exact number of lives, homes, jobs and amount of property that may be required in sacrifice to the execution of the proposed law. 
3. Each bill shall include a ten-year sunset clause.  This clause shall specify that:
   1. The law shall be in force for a maximum of exactly ten years unless reauthorized in the tenth year, and before the sunset date.
   2. Reauthorization shall add no more than ten years past the sunset date.   
   3. Reauthorization requires a minimum of five-eighths of both houses of the Texas Legislative Department.

 

 

 

Article V

Judicial Department

 

Section I

Yada yada yada

Yada yada. 

Free justice – no court fees or price of entry.  Citizens may represent themselves in court.  There shall never be any requirement of paid attorney representation.

Principles of jurisprudence:

No such thing as “Case Law” or “power of precedent.”  Civil Law instead of Common Law.

Greater power demands greater responsibility.  While all lawful Texas citizens have an unassailable right to own, carry and use weapons, Texas will tend to err in favor of unarmed citizens over armed persons in all disputes.

All courts shall be open; and every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law.

In all criminal prosecutions, the accused shall have the right to a public trial, by an impartial jury, in the county in which the offense shall have been committed; to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor.

Victims of crime, as defined by law, shall have the right to be informed of and present during public hearings and to confer with the prosecution, to the extent that exercising these rights does not infringe upon the constitutional rights of the accused.

No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself.

No person arrested, or confined in jail, shall be treated with unnecessary rigor.

Excessive bail shall not be required. Excessive fines shall not be imposed. Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offense.

Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong.

The penal code shall be founded primarily on the principle of restitution, and secondarily on reformation.  There shall be no vindictive rulings or actions.

In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

In all civil cases, the right of trial by jury shall remain inviolate.

No person’s property shall be taken without just compensation as determined by a jury of peers.

There shall be no imprisonment for debt, or where full restitution can be made.

No conviction shall work corruption of blood or forfeiture of estate.

The Congress shall have power to deprive of the right of suffrage, and to render ineligible, any person convicted of an infamous crime.

The Congress shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.

No ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

The privilege of the writ of habeas corpus shall not be suspended.

Treason against the State shall consist only in levying war against it, and in giving aid and comfort to its enemies.

No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or upon his confession in open court.

No person holding another paid office or appointment under the United States government or under Texas government is eligible to a seat in the Texas Congress; and no person may hold more than one paid government office at the same time. Offices in the militia to which there is attached no annual salary shall not be deemed paid.

 

 

 

 

Article VI

Executive Department

 

Section I

Yada yada yada

Yada yada. 

 

 

Article VII

Taxation

 

Section I

Yada yada yada

Yada yada. 

 

 

Article VIII

Armed Forces

 

Section I

Citizen Militia

Yada yada. 

 

Section II

County Sheriff

All civil policing authority directed by elected County Sheriff.  County Sheriffs shall not delegate policing authority to any persons other than uniformed deputies.   

 

 

 

Article IX

Counties

 

Section I

Yada yada yada

Existing 254 counties, maintaining existing geographic borders and names.

There’ll be a sheriff; a treasurer; a county recorder; a commissioner for each precinct; and at least one justice and one clerk of court for each county or one justice and one clerk of court for each precinct.

 

a. The sheriff shall maintain and operate county penal facilities where called for by two-thirds vote of qualified voters of the county, provide bailiffs for the courts in that county, enforce orders of the courts, and uphold the law as defined by this constitution.

b. The county treasurer shall maintain accurate and timely records of revenue collections and expenditures, and shall disburse funds to support constitutionally authorized county government functions.

c. The county recorder shall conduct an at-random lottery of citizens every six months to serve as county grand jurors, verify each grand juror’s service based on the grand jury roll call records, provide accurate records of grand jury proceedings, maintain accurate records of all County Administrative Council proceedings, maintain accurate records of qualified voters casting ballots, conduct elections, maintain all records at county expense at such places as to safeguard said records, make records of every County Administrative Council proceeding publicly available after filing in an easily searchable form which shall be open for public inspection, and ensure that records are filed within thirty days of completion of each County Administrative Council proceeding.

d. The precinct commissioner shall represent the people of the precinct from which elected.

e. The precinct justice shall preside over and keep order in all proceedings of the county court in accordance with this constitution and shall issue or cause to be issued processes and communications necessary for proper operation of the court.

f. The county clerk of court shall conduct an at-random lottery of citizens to serve as county court jurors, record and maintain all files pertaining to each case as a court of record, maintain said files at court expense at such places as to safeguard said records, make records of every county court proceeding publicly available after filing in an easily searchable form which shall be open for public inspection, ensure that records are filed within thirty days of completion of each county court proceeding, place the seal of the court on all documents where a seal is necessary, and witness the authenticity of the documents.

Section 3. The County Administrative Council shall administer the following functions:

a. With the approval of two-thirds of all qualified voters casting ballots in an election, establish, operate, and maintain water and sewer systems to be paid for through user fees by those who voluntarily choose to use the services.

b. Organize and maintain voluntary county defense forces. The County Administrative Council shall call the county defense forces into action only for the defense of the county or nation against armed aggression. The County Administrative Council may coordinate the actions of county defense forces with national defense forces, the defense forces of other counties, and private militia but shall remain in full control of their own county defense forces. At no time shall private militia be considered to be under the command or control of the County Administrative Council or the county defense forces.

c. Establish rules of and maintain and publish all records of official proceedings.

d. Operate and maintain facilities for county government use.

e. Appoint one citizen to represent the county in the National Assembly, who shall have lived in that county for at least two years prior to the appointment, be at least thirty years of age at the time of the appointment, serve a term of four years, and be subject to recall on the vote of at least one-third of the County Administrative Council.

f. Conduct elections as authorized by this constitution.

g. Maintain existing publicly owned rights of way which do not exceed the boundaries of the county.

h. Maintain county court systems.

i. Determine the appropriate location of county courts and the number of justices and clerks necessary to secure due process of law for all individuals.

j. With the approval of two-thirds of all qualified voters casting ballots in an election, fund the operation and maintenance of penal facilities.

k. Establish procedures for the collection of revenues as authorized by this constitution.

l. Approve or deny annual budgets submitted by all county officers.

Section 4. Operating Procedures

a. The County Administrative Council may recommend financial compensation for grand jurors, county court jurors, and elected officers for a period of no more than two years. Compensation may only be implemented upon approval of two-thirds of all qualified voters casting ballots in an election. The election ballot must specify names of officers, offices they hold, the recommended compensation for each officer, and the rate of compensation for jurors.

b. The County Administrative Council shall prepare an annual budget based on a twelve-month calendar year. The amount of expenditures for any budget year shall not exceed ninety percent of the revenue collected for the previous budget year. An auditor shall be appointed, through an annual competitive sealed bidding process, to prepare and present to the County Administrative Council a comprehensive financial audit of all county revenues and expenditures no less than once every twelve months.

c. The County Administrative Council may create additional precincts or alter the boundaries of precincts upon approval of two-thirds of all qualified voters.

d. Three-fourths of the officers of the County Administrative Council shall constitute a quorum to do business. Except for the recall of the county’s National Assembly Council appointee, all decisions of the council shall be by two-thirds vote of those present for approval.

e. The County Administrative Council shall meet at least monthly, on a date and time convenient and at a location easily accessible to all citizens. All meetings shall be open to the public at all times.

f. The County Administrative Council shall elect a chair and vice-chair from among their number once every twelve months. The chair shall ensure that an agenda is posted in widely accessible public places not less than 72 hours prior to every meeting.

g. The County Administrative Council shall determine and approve the appropriate number of deputies to assist elected officials.

h. The County Administrative Council may authorize the staffing of offices.

 

 

Article X

Corporations

Corporate entities have proven to be dangerous political abstractions.  Texas shall grant corporate charters with caution, regulate corporations with care, and not hesitate to dissolve abusive corporations.

 

Section I

Corporations defined

1. Texas citizens doing business in Texas without political privilege are not corporations.  Texas has no authority over non-incorporated business.
2. Corporations are political entities generally created to limit free-market accountability, and to transcend mortal lifespans.
3. The Texas Legislative Department has authority to define, tax and regulate corporations as long as the following is obeyed:
   1. Corporations have no true rights (irrevocable), and have only privileges.
   2. Corporations are legally inferior to Texas citizens.
   3. Texas shall not consider any corporate rights or privileges granted outside Texas.
4. Foreigners and foreign corporations doing business with or within Texas must be incorporated by Texas.

 

. 

 

 

Article XI

Oaths, Allegiance and Flags

1. Nothing in this constitution shall be construed to prohibit the swearing of oaths, the profession of allegiance or the worship or honoring of flags, symbols or idols.  Yet there shall never be any requirement upon any person at any time to swear an oath to Texas or any person representing Texas; to pledge allegiance to Texas or any person representing Texas; or to worship or honor any flag, symbol or idol representing Texas or any official of Texas. 
2. Acceptance of any office under the authority of this constitution shall be a legal binding to the finite powers and infinite limitations of this constitution.

 

 

Article XII

Amendment

 

Section I

Yada yada yada

Yada yada. 

 

 

Appendix A

Boundaries

 

Section I

Texas boundaries begin at the geographic center of the eastmost part of the Sabine River, and follow the geographic center northerly through Sabine Lake and Sabine Pass to 32° latitude. All islands existing prior to April 8, 1812 are a part of Louisiana. All islands formed after April 8, 1812 on the west side are a part of Texas and on the east side are a part of Louisiana. Continue due north to the Red River. Follow the geographic center of the Red River westerly to the Prairie Dog Town Fork of the Red River. Continue westerly along the Prairie Dog Town Fork to 100° Longitude, proceed due north to 30° 36′ Latitude, due west to 2 miles west of 103° Longitude, due south to 32° Latitude, and then due west to the Rio Grande River otherwise known as the Rio Bravo del Norte. Follow the Rio Grande along its deepest channel to the Gulf of Mexico. Follow the Gulf of Mexico easterly to the geographic center of the Sabine River. All islands along the coastline of Texas are a part of Texas. 

New territory may be annexed to existing Texas boundaries by treaty when approved by three-fourths of all members of the National Assembly.

 

 

Appendix B

Enumerated Rights

 

Section I

 

1. Every citizen has the inherent right of life from physical conception to natural death.
2. Texas citizens may not harm other persons’ bodies, rights, property or contracts, but are otherwise free of any political intervention unless:
   1. Arrested by a Sheriff’s deputy acting under constitutional restraints and for a reasonable cause.
   2. Found guilty of a crime by a jury of peers in a Texas court of law.
3. No political government at any level in Texas, has any authority to interfere with the life, rights, property, consumption, movement, thought, expression, relationship, assembly or worship of lawful Texas citizens.
4. Intervention into the affairs of Texas families shall be approached with utmost reluctance, impeccable due process, and an understanding that the outcome will almost certainly be worse than intended.
5. All human beings within the borders of Texas are equal in the protection of their physical life.  But only Texas citizens hold all rights guaranteed by this constitution under the following considerations, and within Texas:
   1. Parents have authority over any of their children under the age of 18 unless found guilty of child abuse by a jury of peers in a Texas court of law.
   2. Consensual parents have equal rights and responsibilities in respect to their child.
   3. In any dispute over a terminated pregnancy, Texas shall assert its protection of physical life.
   4. Property owners have superior rights in respect to their property.
   5. Consensual contracts that do not entail physical harm to persons are binding and enforceable by Texas.
   6. No person may intentionally cause physical or economic harm to another person.

 

2. Every citizen has the inherent right of liberty, which is the unrestrained exercise of free will, which shall never be infringed provided the exercise thereof does not violate the rights of any other person.

 

3. Every citizen ’s body, life, labor, ideas, thoughts, and possessions that the citizen has lawfully created or acquired are that citizen ’s property. Every citizen has the inherent right of the ownership, non-coercive acquisition, and use of property.

 

4. Every citizen has the inherent right of defending the life, liberty, or property of any citizen using whatever force is necessary, through whatever means available, including the use of deadly force.

 

5. Every citizen has the inherent right of owning, using, and carrying arms of any description.

 

6. All rights are retained by each citizen and shall never be denied, infringed, or violated in any way except in the sole circumstance of conviction of a crime or tort by due process of law as defined in this constitution, and then only as directed in the particular case.

 

 

 

Appendix C

General Rules and Principles

 

Section I

Property

 

 

Section II

Yada yada yada

 

 

1. The only distinction in disputes between citizen and politician is that the greater the authority, the greater the accountability.  Crime and abuse committed by politicians shall be considered worse than crime and abuse committed by citizens.

 

 

As the definition and prosecution of fraud and deceit has caused false comfort and rampant abuse, the operating principle of Texas governance shall be Caveat Emptor, or “let the buyer beware.”  There has never been any guarantee of truth or security in any matters between individuals and corporations beyond the enforcement of written contracts, as written.

 

1. A crime is any action taken by an person wherein the individual intentionally initiates physical force, fraud, or theft which results in damage to another individual or damage or loss of another individual’s property without the consent of that individual; or an action taken by a government official in violation of this constitution.

 

2. Tort is any unintentional action that results in damage to another individual or damage or loss of another individual’s property.

 

3. No body of law other than the law defined in this constitution has any force or effect on anyone on or under the soil of Texas, on or in the waters of Texas, or in the airspace of Texas unless all parties to an action have previously knowingly, voluntarily, and intentionally agreed to that body of law by contract.

 

4. The obligations of contracts shall not be impaired provided only that all parties to the contract entered the contract knowingly, willingly, and voluntarily.

 

5. Except in the case of a crime in progress, no individual shall be detained, imprisoned, nor held against his or her will in any manner, unless a lawfully executed warrant specifying the charges has been issued in accordance with this constitution. Any individual so detained will be informed of the reason for detention within one hour of being detained.

 

The sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property, and when the government assumes other functions it is usurpation and oppression.

 

 

 

Appendix D

Public Environment

 

Section I

Exemption from ownership and limitation of rights

1. No person, group of persons, entity or entities may own circulating air or water.
2. You can’t blare sounds, flash lights, shoot death rays, blow smoke into others’s faces, property, etc., etc.

 

Section II

Transportation

 

 

 

 

Appendix E

Civil Procedures

 

The following is waaay too wordy/complicated…

 

Section I

Elections

1. Qualified voters in Texas elections shall be Texas citizens who have attained the age of eighteen years or older.
2. Elections for officers of the national and county governments shall be held every two years.
3. The county recorder shall conduct elections according to standards established by the National Assembly.

 

Section II

County Courts

1. Any individual accused of a crime or tort shall be:

a. presumed innocent until proven guilty;

b. given the opportunity of facing the accusers in court;

c. granted a trial by a randomly selected jury of twelve other individuals;

d. informed of the exact nature of the charges;

e. given adequate notice for preparing a defense;

f. given access to all evidence collected; and

g. given the opportunity, if convicted, of appealing to at least three other county courts in the same or adjacent Texas counties.

 

2. No individual shall be forced to testify. Litigants may appear in person or may be represented by counsel of their choosing.

 

3. Each county shall create and maintain at least one county court. Counties may create and maintain additional county courts as necessary.

 

4. County courts have original jurisdiction for all cases involving the violation of rights of any individual and for extradition requests. Complaints must be filed in a county court within the precinct or county where the alleged offense occurred or where the subject of the extradition request is currently located. The Law to be administered by the courts shall be as defined in this constitution. County courts have no jurisdiction over contract disputes except those involving bad faith breach of contract. All other contract disputes shall be resolved as stated in the contract.

 

5. Grand Juries

a. Each county shall have at least one grand jury, consisting of twenty-three Texas citizens living in the county.

b. Jurors shall be chosen at random with compensation and terms of service determined by the County Administrative Council.

c. Prior to seating, each juror shall be required to make the following oath or affirmation:

“I, (insert full and correct name), will carefully consider all information, testimony, and evidence to be presented in this grand jury hearing and will endeavor to the best of my ability to determine if a crime as defined in the constitution has been committed and if it is probable that the accused is responsible for committing the crime.”

If the juror refuses to make the oath or affirmation, the juror shall be released from service without compensation and another juror shall be selected.

d. If any juror becomes unable to complete service on the grand jury, a replacement juror shall be chosen.

e. Upon complaint of an alleged crime and presentation of sufficient cause, the grand jury shall direct the sheriff to conduct an investigation of the alleged crime.

f. A grand jury indictment shall be issued only when an investigation shows sufficient cause, as determined by the grand jury, at which time any individual may file charges against the accused.

g. Each grand jury shall elect a foreman from among its members. The county clerk or appointed deputy shall record grand jury proceedings, which shall be closed to all except witnesses called by the grand jury.

h. The grand jury shall hold a hearing on each complaint no later than thirty days following the filing of the complaint.

i. The grand jury may issue warrants for search or seizure provided that:

(1) the warrant specifically names the place to be searched and specifically describes the person or thing to be seized; and

(2) the grand jury has in its possession at the time an affidavit supported by oath or affirmation that evidence of a crime is located at the place to be searched or that the person to be seized is accused of a crime. Any property seized must be evidence of the crime described in the warrant.

j. All decisions of the grand jury shall be by majority vote, the foreman voting only in the case of a tie vote.

 

6. County Court Juries

a. All county court proceedings shall be open to the public.

b. A jury pool of no fewer than twenty-four Texas citizens living in the county where the court is located shall be chosen at random. Compensation and terms of service for jurors and jury pool members shall be determined by the county administrative council provided that jurors serve for a minimum of one case.

c. A jury of twelve individuals shall be impaneled by lot from the available jury pool. The justice shall direct the bailiff to draw names for jury selection. A total of fourteen names shall be drawn for a panel of twelve jurors and two alternates. Any member of the jury pool scheduled to participate in a trial for which a jury is being selected shall be excluded from the jury for that trial.

d. A juror may be removed from a jury by a unanimous vote of the other jurors only if the juror fails to appear at the appointed times and places or is known to be a close family member of the accused or the accuser. In the event that a juror is so removed, an alternate juror shall be impaneled.

e. Prior to the seating of each juror, the juror shall be required to make the following oath or affirmation.

“I, (insert full and correct name), will carefully consider all information, testimony, and evidence to be presented in this trial and will endeavor to the best of my ability to determine if a crime as defined in the constitution has been committed and if, beyond all reasonable doubt, the accused committed the crime. If compensation is requested, I will endeavor to the best of my ability to determine if the damages were caused by the accused and if the compensation requested by the accuser is reasonable and just.”

If the juror refuses to make the oath or affirmation, the juror shall be released from service without compensation and a replacement juror shall be selected.

f. The impaneled jury shall select a foreman from its members.

g. Prior to the trial, the justice shall inform the jury of general court decorum and the general sequence of case presentations, rebuttals, witness questioning, and summations. The justice shall inform the jury concerning the chain of evidence and what he believes is customarily expected for that evidence to be considered. The justice shall inform the jury that they are not bound by anyone’s opinions. The justice shall not render any legal opinions nor rule on the admissibility of any evidence or testimony.

h. The justice shall preside over and keep order in all proceedings of the court. Jury members may, by majority vote, overrule any decision of the justice regarding ejection of individuals from the court.

i. The jury shall hear all testimony and view all evidence presented, may question witnesses concerning their testimony, and may request additional information from any source the jury deems appropriate.

j. The jury shall first determine if the alleged actions violated the law and then the facts of the case. After all evidence has been heard, the jury may deliberate its final decision privately until a verdict is reached. They shall render their decision, verdict, or order concerning all aspects of the case as they deem just and proper. Convictions shall be by unanimous jury vote only; otherwise, the accused shall be acquitted. Tort verdicts must be by majority vote, the foreman not voting except in the case of a tie vote.

k. Penalty for the accused, if found guilty of a crime, shall be determined by the jury by majority vote, the foreman not voting except in the case of a tie vote, except that the death penalty may be imposed only by a unanimous vote of the jury and for a crime which resulted in the death of another individual or individuals.

l. In any case, the jury may by majority vote award monetary compensation against the accuser, paid to the accused, if the charges are found to be frivolous or malicious.

 

7. County Court Appeals

a. Any individual found guilty in a county court may appeal that decision.

b. Appeals must be filed in a county court in the same or adjacent Texas counties within thirty days of the previous jury decision. No individual may be a juror on more than one trial of the accused for the same offense. If any of the courts of appeal find for the accused, no other action may be taken by any court for the same offense.

c. The first appeal shall be a jury review of the procedures to determine that all constitutional guarantees were observed. The first appeal jury can only confirm the original verdict, reduce the severity of the sentence, or, if they determine that some violation of rights or due process occurred, return the case to a different court for retrial under the same rules as the original trial.

d. If an appeals court finds against the accused, a second or third appeal may be made by the accused to county courts in the same or adjacent Texas counties. The entire case shall be presented to juries using the same procedures as the original trial except that all decisions of the appeals juries shall be by majority vote, the foreman voting only in the case of tie votes. The decision of the third appeal is final.

 

8. No juror shall be tried for any decision rendered while serving on a jury.

 

9. Writ of Habeas Corpus

a. Any individual may petition any justice of any county court with a writ of habeas corpus on behalf of any individual whose liberty is restrained or denied.

b. The request for writ shall be addressed by name or title to the individual holding the individual in question, and shall describe the individual being held by any means that will allow the individual to be identified.

c. The request must show cause and sufficient evidence to warrant action on the writ and must be supported by oath or affirmation of the content.

d. The request for a writ of habeas corpus shall never be disregarded and shall be acted upon by the individual holding the individual in question with all haste and never later than eight hours after the request is presented.

e. Any official who refuses to act on a lawfully executed request for writ, who delays action on a lawfully issued writ, or who is found to have aided or abetted another in such delay or refusal shall be held accountable under the law. Any justice who is approached with evidence of such delay or refusal shall immediately issue a warrant for the arrest of the official in question.

 

 

If you get arrested there’s gonna be a trial with a citizen jury.

 

 

Section II

National Courts

 

1. The judicial duties of the national court shall be vested in one supreme court and in one district court per district. The national courts shall only hear cases concerning international treaty disagreements, public officials, military or maritime issues, internal government disputes, or disputes between county governments. The trial of public officials in a national level court shall not prevent their trial in a Texas county court for the same offense.

 

2. Justices shall serve four-year terms, with compensation to be determined by the National Assembly. Compensation for justices shall not be changed during the term in which they were elected.

 

3. Texas shall be divided into convenient judicial districts, not less than thirteen nor more than thirty, concurrent with existing county lines, to be reapportioned based on the votes cast in the last general election, but not more often than every ten years. A justice shall be elected by ballot of the qualified voters of each district. Each district justice shall reside in the district and hold court at the designated district seat which shall be determined by the National Assembly.

 

4. One clerk shall be elected for each district court, to be elected at the same time and serve the same term as the district justice. The district clerk’s duties and compensation shall be determined by the National Assembly.

 

5. District Court Trials

a. Litigants in district courts may elect to have the justice hear and decide the case or they may exercise their right of a jury trial. The right of a jury trial by either party takes precedence over the option to waive that right by the other.

b. Jury trials shall be conducted by the same rules of proceedings as the Texas county courts.

c. The district courts shall contract with private or county penal facilities to satisfy judgments of incarceration.

 

6. The supreme court shall consist of a chief justice and twelve associate justices with district justices serving in rotation as associate justices of the supreme court. Three-fourths of the associate justices and the chief justice shall constitute a quorum to proceed. The district justices shall rotate their positions on the supreme court every session. All members voting on each case shall place their handwritten signature on the decision with their vote as yes to uphold or no to overturn the case.

 

7. The chief justice of the supreme court shall be appointed by a two-thirds vote of the district justices. The chief justice shall have no other official duties, shall hold office for four years, not to exceed his elected term of office, shall not hold office for more than two consecutive terms, and shall vote only in the case of a tie vote among the associate justices.

 

8. The supreme court shall have exclusive appellate jurisdiction for district court cases only. Decisions of the supreme court shall be conclusive within the limits of Texas. The supreme court shall hold its sessions quarterly, at such times and places as may be fixed by the National Assembly by a simple majority vote. All cases shall be decided by no less than a two-thirds majority of the voting members of the supreme court. No associate justices shall sit on a case heard by them in any district court.

 

9. Complete records of every court proceeding shall be made publicly available immediately after filing in an easily searchable form and shall be open for public inspection. Records shall be filed within 30 days of completion of each court proceeding.

 

10. National courts are authorized to establish procedures, rules, and regulations only for the administration and implementation of their duties. All court proceedings shall be open to the public at all times.

 

11. National government courts shall maintain and operate facilities to perform duties specified by this constitution and shall prepare annual budgets which shall be presented to the National Assembly for approval or rejection.

 

 

 

 

Addendum

Ratification and Transition

 

Section I

The Constitution of Texas shall supersede any and all other constitutions, treaties, statutes, and any other form of rules, and shall be the supreme law of Texas.

Upon ratification of this constitution, this Addendum, Transition, shall be implemented immediately and shall continue through its fulfillment.

This addendum is intended to facilitate a lawful, peaceful, and orderly process for transition to the establishment of Texas under this constitution. Upon fulfillment of this Addendum, it shall lose its force of law….etc., etc., et cetera…

….

This is just a teaser, of course.  This is to be a fully inclusive grant of all policing, military and et cetera, etc. etc. powers of the new nation.  I intend to authorize traffic laws, which are not currently constitutional, for example, and even the regulation of the private insurance companies that issue drivers’ licences and plates (yes, I’d always thought it’d make sense to have companies interested in keeping claims low take over the responsibility of training and licensing drivers). 

Militia training, armament…it’s all going to be in here. 

But I need your help. 

Most of the people who read this blog are my friends and allies.  I value your input. 

So input, already…we don’t have a lot of time left!