Proposed Constitution

Hope for the future

ARTICLE IV: Inalienable Human Rights

 

SECTION 1: Powers to Enforce this Article

a. Enforcement

The provisions of this Article shall be applied and enforced by Executive Orders and under the direction of the President of the Republic.

b. Congressional Limitations

Congress shall have no power, in any way, to amend or restrain this Article. The President shall enact and appoint the Commissions, their Commissioners, and their proceedings to fulfill and comply with the provisions of this Article.

c. Presidential Duties

The President shall: 1) demand from Congress the means to fulfill the provisions of this Article; 2) provide a yearly budget to Congress specifically addressing the monetary means needed to fulfill this Article; 3) provide the protection of law enforcement and the Military to enforce this Article.

d. Funding

The validity of the public debt of the Republic incurred in providing the provisions of this Article shall not be questioned. No person shall assume or pay any debt or obligation incurred in the execution of the provisions of this Article. All such debts, obligations, and claims shall be held illegal and void to the people. Congress shall retain the power to produce and incorporate any Legal means of tender required to fulfill the provisions this article.

 

SECTION 2: Right to the Basic (Physical and Emotional) Necessities of Life

a. Basic Necessities

Each person, from the moment of that person’s birth to the moment of that person’s death, shall be provided with the following basic necessities of life free from charge or debt: 1) Nutritious Food; 2) Comprehensive Healthcare, including mental care; 3) Safe and secure Housing and Utilities; 4) Basic Clothing; 5) Public Education from an elementary level up to and including four years at any accredited University.

b. Past Debt for Basic Necessities

Upon adoption of this Constitution, all obligations and debts, of any kind, acquired by the people in obtaining their rights outlined in this Article shall be unconditionally forgiven; Congress shall issue fair compensatory repayment to the persons or entities that can prove a legal claim against any such person so indebted.

 

SECTION 3: Right to Citizenship and Immigration

a. Legal Citizenship

Each person shall be considered a legal citizen of the Republic and enjoy the equal rights and protections granted by this Constitution upon proof of that person’s birth that occurred, at any time, within the Internationally accepted borders of the Republic or any of its holdings as acquired in compliance with Article I, Section 9(i.); or upon proof of gainful employment, of any legal kind in any of the borders of the Republic, for a period of at least twelve consecutive months.

b. Immigrant Rights and Responsibilities

No person, regardless of age, race, country of origin, gender, economic status, religion, or sexual orientation, shall be prohibited from entering the borders of the Republic in search of gainful employment and with the desire to secure the rights allowed and protected under this Constitution. Until legal citizenship is granted, all such persons entering the Republic shall be required to carry a Republicissued Visa, which shall include genetic identification registration as established by Congress. Such persons shall carry the Visa on his or her person at all times while traveling throughout the Republic.

c. Provisions of Citizenship

A person who is not a legal citizen and who enters this Republic according to subsection (b.) of this Section, shall be allowed the opportunity to find employment and meet the provisions of this section within a one-year time limit. All persons granted a temporary Visa shall be guaranteed all of the Constitutional rights afforded to any legal citizen for a one-year period. If, at the end of one year, that person does not find legal and gainful employment, that person shall be provided a safe, secure, and free passage back to the country of that person’s origin. A person who fails to secure employment within one year, and who returns to the country of that person’s origin, shall not be allowed to reapply for a temporary Visa for a period of five consecutive years, unless upon returning to that person’s country, that person’s life is endangered or threatened in any way, by any means.

 

SECTION 4: Right to Protection by Law Enforcement Agencies and the Armed Forces

a. Number of Law Enforcement Officers per Population

There shall be one hundred law enforcement officers assigned to each ten thousand persons in areas with a population over one million persons; seventy-five assigned to each ten thousand persons in areas with a population over five-hundred thousand persons; fifty assigned to each ten thousand persons in areas with a population over two hundred fifty thousand persons; twenty-five assigned to each ten thousand persons in areas with a population at or under one hundred thousand persons.

b. One Law Enforcement Agency

There shall be one law enforcement agency empowered throughout the Republic. Upon adoption of this Constitution, this agency shall incorporate and assimilate into its single force and supervision the current Federal Bureau of Investigation, the Central Intelligence Agency, Homeland Security, the Secret Service, State, Local, and any other branch of Law Enforcement that exists and was established outside of the single entity established by this Constitution.

c. Law Enforcement Education and Removal from Position

All officers commissioned in their duties to provide supervisory authority in any law enforcement capacity shall be required to attend a law enforcement education course of not less than two years. All non-commissioned personnel shall attend a law enforcement education course of not less than one year. Congress shall establish the curriculum and training of this course of education. Law enforcement officers and personnel shall serve and protect the people in the enforcement of the laws established by Congress under this Constitution and shall be prohibited from the violation of these laws or the enforcement of any other law. Any officer or law enforcement personnel who violates the law, in any way, after having been found guilty of any felony by a legally established Court, shall be denied and forever prohibited from possessing the rights of law enforcement established by this Constitution.

d. Use of Lethal and Non-lethal Weapons by Law Enforcement Personnel

Each law enforcement personnel, as prescribed by Congress, shall be armed with two forms of weapons, one non-lethal and one lethal. Congress shall outline the specific guidelines for the use of non-lethal and lethal weapons to subdue a person. Each officer shall be required to wear a uniform-mounted video camera at all times while on duty. Any officer who does not record the events of that officer’s interactions with any person, unless the ability to do so is inhibited, in any way, by that person, that officer’s actions, or that person’s, shall not be admissible as evidence against that person in a Court of law.

e. Armed Militia

There shall be one Republic Armed Militia whose proceedings, protocols and offices shall be established by Congress; and which, upon adoption of this Constitution, shall assimilate and incorporate into its force the current Air Force, Army, Marine Corps, Navy, Coast Guard, Border Patrol, and any other military force currently established.

f. Supervision of Military and Law Enforcement

The Republic Militia and the Federal Law Enforcement Agency shall be under the direct supervision of the President, as given Executive authority pursuant to Article II, Sections 2(a.) and (b.) and under the guidelines of Congress as described in Article 1, Sections 9(g.) and (h.) of this Constitution.

 

SECTION 5: Right to Bear Arms

a. Authorization to Bear Arms

No person shall have the right to bear arms except those authorized by law to do so under Section 4 of this Article. The right to bear arms shall be strictly prohibited, except as authorized by Congress.

b. Arms for Sport and Entertainment

The people shall have the right to bear arms for sport or entertainment exclusively under the supervision of Armories and Weapon Facilities as determined and established by Congress.

c. Manufacture and Distribution of Weapons

It shall be strictly prohibited for any person or entity to manufacture or distribute any weapon or any of its ammunition, of any kind, except as authorized by Congress for the sake of law enforcement, for the sake of the Military, or for the sake of personal sport as authorized by Congress.

d. Possession of Weapons and Ammunition and Related Punishments

The possession of any weapon or ammunition by any person in violation of this Article shall be a first-degree felony offense and punished by imprisonment for six months on that person’s first offense, one year on the second offense, and then an additional one year of imprisonment for each new offense thereafter. A person who commits a crime with any arm, of any kind, shall be required to serve a period 50% longer than the sentence requirements of the original crime.

e. Weapons Importation

The importation of any weapon into the Republic without Congressional approval shall be considered an act of war or treason against the people of the Republic by the person or entity that initiated or performed the act.

 

SECTION 6: Right to Personal Information Privacy

a. Right to Privacy

Each person shall have the right to privacy of their personal information, except that information that is deemed necessary in the enforcement of the laws provided by this Constitution or for the protection of the people of the Republic.

b. Publication of Individual Personal Information

Each person’s individual information, of any event concerning that person in the past, of any event about that person occurring in the present, or of any event in which the person shall participate in the future, shall be protected from publication in any media source, including the Internet, unless that person, of that person’s free will and choice, or by Court order in protection of the public interest, grants permission to the access and publication of this information.

c. Database of Personal Information for Law Enforcement

Law enforcement agencies shall be restricted in the publication of a person’s personal information to a database specifically designed for the protection of the people of this Republic and this Constitution.

 

SECTION 7: Right of Belief, Expression, and the Media

a. Right of Belief

Congress shall establish laws that protect each person’s right to act, to be acted upon, to believe, and to express opinion, where that action, belief or expression of opinion does not affect, extend upon, to, or impede another person’s right to act, to be acted upon, to believe, or to express opinion.

b. Right of the Press (Media)

Congress shall make no law infringing upon the right of the Press (Media) to publish beliefs, opinions, expressions, or any other matter suitable to the purposes for which Media exists, except those that protect personal information according to Section 6 of this Article.

 

SECTION 8: Right to Property

a. Personal Belongings

Except for those belongings specifically prohibited by this Constitution, Congress shall enact and support laws that protect a person’s right to hold personal property of any kind, and enjoy the benefits thereof, where that personal property does not obstruct, abuse, abate, or in any other way impede the right of another to hold personal property and enjoy the benefits thereof.

b. Search and Seizure

Congress shall make no law that permits the search and seizure of personal property, unless by such prohibition, the life, liberty, or personal property of another is threatened in any way, at any time.

 

SECTION 9: Due Process of Law

a. Right to Self-Representation

Congress shall establish laws that guarantee each person equal due process of law, including the right to self-representation (pro se). A person shall have the right to self-representation in any Court of law where that representation is determined to be just, reasonable, or an application for redress or relief that is reasonably established by the Petitioner for any violation of Constitutional law.

b. Rules of Civil and Criminal Procedure

Congress shall establish Rules of Civil and Criminal Procedure that favor and support the right to self-representation.

c. Counsel for Pro Se Litigants

Each Court shall provide a legal staff of bailiffs, clerks, and officers (attorneys) to support self-representation. Each court shall establish and promote efficient Rules of Procedure and due process. The Court shall provide a civil pro se litigant up to 2 hours of counsel prior to the hearing of the petition and during the time allotted by the Court for the hearing. The Court shall provide criminal pro se litigants unlimited, reasonable counsel.

d. Payment of Court Costs in Civil Matters

In any Civil matter, if the Court rules in favor of the Respondent, the Petitioner shall pay the Court’s costs and fees, including those fees of the Court-appointed attorneys assisting the Respondent, or the Respondent’s own attorney, and any punitive damages granted to the Respondent. If the Court rules in favor of the Plaintiff, that person or entity shall pay its own costs and fees, but not those of the Respondent or of the Court.

e. Payment of Court Costs in Criminal Matters

The Court shall pay all costs incurred by its proceedings in any Criminal matter.

f. Determination of Civil Matters

All Civil matters shall be determined by trial by the Court in which the matter is heard.

g. Determination of Criminal Matters

All Criminal matters shall be determined by a trial by Jury, where the Defendant, in all cases, shall be guaranteed the reasonable right and ability to participate in selecting the Jury.

h. Rights of the Innocent Until Proven Guilty—Bail Guidelines

When charged with any criminal offense, and until that person has been provided the benefits of due process of law and found guilty of the alleged crime, that person shall be assumed and treated as if that person is not guilty; which includes, but is not limited to, liberty from incarceration and the necessity of posting bail. Unless indisputable evidence has been obtained, verified, and accepted by the Court against a person charged with a crime of violence against another person or another person’s property, no person shall be held by bond, unless or until that person fails to appear at the Court-appointed times scheduled for that person by the Court or law enforcement officials.

 

SECTION 10: Criminal Punishment

a. Sentencing and Reformation of Criminal Offences

Congress shall establish the definition of crimes and the rules for sentencing of all criminal offenses. Congress shall also establish the institutions, facilities, commissions, and personnel necessary to support the sentence and aid in the correction and reformation of the convicted. Any sentence shall be limited to restrictions on personal liberty and property only.

b. Reasonable Deference; Rights for Incarcerated Persons

No person shall be subjected to maltreatment or denied reasonable deference by any Law Enforcement Agent, Armed Military Personnel, or Court Official; nor shall any incarcerated person be denied the rights afforded by this Constitution.

c. Education on Specific Crimes and Punishments

During the first twelve years of a person’s public education, Congress shall establish a curriculum that instructs the people on specific crimes and their punishments. All immigrants to the Republic shall be provided with clear and easy-to-understand instructions on the specific crimes and their punishments within the Republic.

d. Publication of Civil and Criminal Code

Congress shall maintain a clear and easy-tounderstand publication, deferring to the process of self-representation, of the Republic’s Civil and Criminal Code on its website and as mandated by Article I, Section 1(m.) of this Constitution.

 

SECTION 11: Right to the Pursuit of Happiness

Congress shall enact laws that protect any act in the pursuit of individual happiness, however and in whatever way that individual might define happiness, as long as the act does not diminish, obstruct, abuse, or in any other way impede another person’s ability to act in the pursuit of happiness.