Friday, May 13, 2005

Class Assignment Gone Right

Recently I was tasked by my Learning Team at school to re-write the Bill of Rights. At first I didn't quite know what I would do with it, as that is some undertaking, but after soliciting a little help, I finally found the right combination to pull it off, so here it is:

Amendment 1 – The Power of the People

Amendment Ia

The people are Sovereign. They are State Citizens and members of the Union Of States as defined. No law, rule, regulation, ordinance, or code, shall change the Sovereign status of State Citizens, or the Free status of any State. The Federal Union of States is for the sole benefit of the States and Citizens.

Amendment Ib

Any and All powers defined or not defined within the Constitution or its Amendments reside within the People.

Amendment Ic

Delegations of powers to the Federal Government or any branch thereof, or the State Governments or any branch or locality thereof, by the Constitution or any of its Amendments are not to be construed to remove those powers from the people, but only a delegated authority to act for the people, at the people’s discretion.

Amendment Id

Any powers not delegated to the Federal Government or any branch thereof, or the State Governments or any branch or locality thereof, nor prohibited to them remain with the people and are not to be abused by the Federal Government or any branch thereof, or the State Governments or any branch or locality thereof.

Amendment Ie

All people are free. All people have and can enjoy human rights, both those defined herein, and those not defined within the Constitution or its Amendments.

Amendment If

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, to abridge, restrict, or harm this right or any of its provisions.

Amendment Ig

In no certain terms or conditions can this Right or any Right, enumerated herein or not, be subject to any fines, fees, penalties, licensing, registration, or any other scheme designed to limit, remove, prohibit, regulate, hinder, hamper, or restrict any one or any combination of these God given, pre-existing, natural Rights of any man or woman of the age of Majority

Amendment Ih

The responsibility and duty associated with these and all Rights lies exclusively within the individual. It is the responsibility and the duty of the individual to elect a Government that represents the needs, wants and desires of the communal and state societies.

Amendment 2 – Freedom of Religion

Amendment IIa

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code respecting an establishment of a national, state, or preferred religion.

Amendment IIb

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code prohibiting the free exercise of religion.

Amendment IIc

No law or code can be orchestrated to define any part of religion, or hold religion culpable for the exercise of its beliefs.

Amendment 3 – Freedom of Expression

Amendment III

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code abridging or restricting the freedom of speech, or of the press, or of artistic, political, religious, or other forms of Expression, or of opinion.

Amendment 4 – Freedom to Peaceably Assemble

Amendment IV

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code restricting the right of the people to peaceably assemble.

Amendment 5 – Right to Redress of Grievances

Amendment Va

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code restricting the right of the people to petition the Government for a redress of grievances.

Amendment Vb

The Government, its entities, actors, representatives, leaders, employees, or other individuals acting in any capacity as "government" cannot be held immune for any crime for any reason. Crimes are defined by the people through the legislative process and are applied to all equally. No concessions can be made in regards to income, race, gender, social status, or any other defining factor.

Amendment 6 – Right to Self-Protection

Amendment VIa

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code against the establishment of a well regulated Militia within any State or Locality as such Militia is necessary for the security and sanctity of a Free State and Country.

Amendment VIb

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code to abridge, restrict, or harm the right of the people to keep and bear Arms; Arms being defined as any weapon or device or component of Arm, Weapon, or Device that can, has, will be, or could be used as a weapon capable of providing protection of self, family, home, society, locality, state, citizenry, and or the United States in part or in whole.

Amendment VIc

Militias may be called up by the State Government in time of need, but this does not preclude the ability of the Militia to be pre-existing to that time of need. Any Militia my exist at any time and may only be controlled by the Government in time of war or grave conflict. Otherwise, a Militia is held to the same rights, responsibilities, duties, laws and regulations that are placed upon any individual, citizen, group, or company, as defined in law.

Amendment 7 – Restriction on Military

Amendment VII

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall require by law, rule, regulation, ordinance, or code the boarding or quartering of any Soldier under their command within the houses or properties of private citizens, without express consent of the owners. This will hold true for times of peace and for times of war.

Amendment 8 – Restriction on Search and Seizure

Amendment VIIIa

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code against the right of the people to be secure in their persons, houses, papers, possessions, and effects, against unreasonable searches and seizures.

Amendment VIIIb

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code or take any action to issue any Warrants, but upon probable cause, supported by Oath, Affirmation, or Evidence; and particularly describing the place to be searched and the persons or things to be seized.

Amendment VIIIc

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code or take any action to deprive any person of life, liberty, or property, without due process of law.

Amendment VIIId

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code or take any action to take private property for public use, without just and fair compensation. Such compensation shall not be determined by the Federal Government or any branch thereof, or the State Government or any branch or locality thereof, but must be determined by current market value as determined in the private sector.

Amendment VIIIe

No person may violate the terms of this amendment.

Amendment VIIIf

"Unreasonable" may be defined by Congress and apply to the Federal Government and each Government of the States of the Union.
"Probable Cause" may be defined by Congress and apply to the Federal Government and each Government of the States of the Union.
Clarification of these terms may be sought through the Judicial System as necessary.
No definition of these terms may be interpreted to violate the individual rights of the people.

Amendment 9 – Rights During War

Amendment IXa

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code or take any action to hold any person to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; and then, this right may only be suspended until such time that it can reasonably be attended to.

Amendment 10 – Right to Due Process

Amendment Xa

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code or take any action to impede the right of the people, in all criminal prosecutions, to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.

Amendment Xb

In all cases where any person has been brought to answer for criminal charges, the information regarding the charges, circumstances, witnesses, and allegations shall be made public if at a minimum to the parties involved; and respect of the safety of witnesses must be taken, and shall not hinder the publicity of the facts of the criminal charges.

Amendment Xc

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, hindering the accused from obtaining, in a timely manner, the information of the nature and cause of the accusation.

Amendment Vd

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, hindering the accused from confronting any witnesses against them.

Amendment Xe

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, hindering the accused from having a compulsory process for obtaining witnesses in their favor.

Amendment Xf

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, hindering the accused from having the Assistance of fully-qualified and competent Counsel for their defense.

Amendment Xg

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, to have any fact previously tried by a jury, to be re-examined in any Court, State or Federal, within the United States, only according to the rules of the common law.

Amendment Xh

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, abridging the right of trial by jury, even in Suits at common law, where the value in controversy shall exceed the equivalent of 1776 "twenty dollars".

Amendment 11 – Freedom from Jeopardy in Law

Amendment XIa

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code or take any action to hold any person to be subject for the same offence to be twice put in jeopardy of life or liberty.

Amendment XIb

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code or take any action to compel any person in any criminal case to be a witness against their own self.

Amendment XIc

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, to require excessive bail, or excessive fines imposed, or cruel and/or unusual punishments inflicted.

Amendment XId

"Excessive" shall be determined as necessary according to the criminal charges, circumstances, and defendant's situation.
"Cruel and Unusual" shall also be defined and determined by Congress and apply to the Federal Government and each Government of the States of the Union.
Clarification of these terms may be sought through the Judicial System as necessary.
No definition of these terms may be interpreted to violate the rights of the people.

Amendment 12 – Restoration of Rights

Amendment XIIa

People shall retain all rights, privileges, and powers at all times, unless convicted of certain, heinous crimes; and then only as long as the Locality, State, or Federal powers have hold on or jurisdiction over the convicted. After such time, the person shall regain, and retain all rights, privileges, and powers as previously enjoyed.

Amendment XIIb

The crimes that allow the temporary removal of certain rights, privileges, and powers, and the timeframe the rights may be withheld, must be defined by the legislative powers and put to a vote of the people. These laws will apply equally to the Federal, State, and Local Governments.

Amendment XIIc

The punishment or time to be held for those crimes when convicted are not to be excessive, but as defined by law, rule, regulation, ordinance, or code, and can include life in prison, and or capitol punishment.

Amendment XIId

"Excessive" shall also be defined and determined by Congress and apply to the Federal Government and each Government of the States of the Union.
"Heinous Crimes" shall also be defined and determined by Congress and apply to the Federal Government and each Government of the States of the Union.
The number of and specifics of the rights to be lost will be defined by Congress and apply to the Federal Government and each Government of the State of the Union.
Clarification of these terms may be sought through the Judicial System as necessary.
No definition of these terms may be interpreted to violate the rights of the people.

Amendment 13 – Restriction of Taxes

Amendment XIIIa

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, levying any tax upon the people without a vote of the people upon each tax to be levied, and the amount, and any further increases to that tax or any other alterations resulting in an increase or alteration of purpose of that tax.

Amendment XIIIb

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, allowing any branch of any government to increase or raise their salaries without an express vote of the people. And this amount shall not exceed a number 10% greater than:

  1. for Federal Offices – the average of the earnings of the United States citizenry.
  2. for State and Local Offices – the average of the earnings of the State citizenry.
  3. for any other Public Office and for Civil Service – the average earnings of the citizenry of the locality of service.
  4. and shall be awarded only for their time in service to the people, which must be proven by an accurate and certified accounting.

Amendment XIIIc

Neither the Federal Government or any branch thereof may make any law, rule, regulation, ordinance, or code, to create, any social service. This is in protection of the alteration of the Republic form of Government. All laws, rules, regulations, ordinances, or codes, to create, alter, modify, change, or remove any provision of any social program must occur at the State or Local level of Government. These programs are to be created only at the behest of the People via a full vote, and are to be available to the people equally. Government entity, actor, employee, public servant, or other person acting as "government" may have access to any other program or programs that are not also available to the general public. Of this there is no exception.

Amendment XIIId

All State Citizens and any business will pay whatever tax is voted into law at a flat rate regardless of income, location, or status. This for the support of the State and Federal Governments, any Social Programs, and any other Operations as enacted into law or created by the voice of the people for the benefit of the people. The tax may never be greater than the vote-regulated amount, and any excess must be saved, with interest, for the future. This tax can be a standard flat rate tax levied on all income, or may be a flat rate sales tax levied on all goods and services purchased, including any bartering, or fair trade in kind.

Amendment XIIIe

The budget of all levels of Government must be approved by a vote of the people. Exact expenses must be tallied with detailed explanations of how and why monies were spent in any form other than that provided by the budget. Any expense greater than a 10% margin of the approved budget must be approved by the people by popular vote.

Amendment XIIIf

Taxes collected should not exceed the necessary expenses of Government, any Social Programs, and Public Services at all levels. If the tax revenue is greater or less than the sum necessary for the operation of Government, it shall be adjusted annually, with any excess being applied to any deficit within the budget. Part of the budget should include a windfall for any unexpected deficite.

Amendment XIIIg

The Governments of the United States have no right or authority to borrow money. A vote of the people may authorize bonds for allocation; bonds mature in increments of five (5) years, at an interest rate equal to, greater than, but not less than the current prime rate on an annual basis. The Government may not default on bonds. Bonds of previous years, and their interest, must be included in any corresponding year’s budget, and when mature, must be paid in full. There is to be no "national debt" or any other debt incured by the Government or any part of the Government, Federal, State, or Local. A surplus may be carried, but only for 5 years, in which case, the surplus and its interest must be returned to the people, without adding in a rebate to the tax structure other than the normal, annual bugeted tax adjustment to prevent any further collection of surplus tax.

Amendment 14 – Restriction on Public Service

Amendment XIVa

All positions in Government will have limits on the number of terms that any one person may serve in that capacity. This limitation will be decided and voted upon by the people for each of the levels of Government as defined:
Any Treasurer position, any Governor, any Representative, any Senator, and any Judge; whether appointed or elected.
Any head of any department, any bureau, any agency, any department, and any service; whether appointed or elected.

Amendment XIVb

All positions in government are to be controlled and regulated by law. There will be no exceptions for anyone serving in any form in the government, civil service, military, or other government or government sponsored position to the laws that govern the land.

Amendment XIVc

Any changes to the structure or organization, power or authority, need or necessity, and/or scope or purpose, of any office, entity, actor, or other position considered to be a Government job, must be brought to a vote of the people.

Amendment 15 – Enumeration of Rights

Amendment XVa

There shall be no understanding that the Constitution, any Amendment of the Constitution, or the Bill of Rights, contains a complete and final enumeration of all rights. Rights are pre-existing to the indivdual. This document and all governing documents are only a primary effort to protect any and all rights of the sovereign citizen.

Amendment XVb

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof shall make any law, rule, regulation, ordinance, or code, or construction to deny or disparage any other rights retained by the People.

Amendment XVc

Neither the Federal Government or any branch thereof, nor the State Governments or any branch or locality thereof has anything considered to be a Right. The Federal Government and any branch thereof, the State Governments and any branch and locality thereof are only actors on behalf of the People. These Government entities have powers and authorities derived from the People and act only so long as the People wish. Any changes to the form, type, structure, organization, or purpose of the Governments employed by the people must be put to a vote of the people.

Amendment XVd

If at any time the Government ceases to be a tool or actor of the People, the People have a right and duty to restructure and or replace the Government in part or in whole. Absolutely nothing may alter, change, remove, disparage, restrict, this statement. It is an absolute, imutable, unchangable, permanent Right retained by each individual, society, and State.