What the Newly Proposed “Model” Constitution Would Do To the U.S.A.
W. Cleon Skousen. What the Newly Proposed “Model” Constitution Would Do To the U.S.A. From Law & Order, April 1971.
“Crisis In America — Do We Need a New Constitution?”
Under this rather startling headline, the Fund for the Republic and the Center for the Study of Democratic Institutions launched a nationwide campaign on January 4, 1971, for a new U.S. Constitution.
These two organizations even had an answer for their own question. They not only demanded that we adopt a new Constitution but they had already written one and had it ready to submit. After 37 drafts, they had produced what they called a “model” constitution which is guaranteed to be a big improvement over the U.S. Constitution of 1787.
If a person has been looking for it, this campaign for a new constitution is receiving considerable publicity in the opinion-molding circles of the country. It is backed by the radical rich whom we have discussed in our last two articles and by the left-wing pockets of power in the government and the mass communications media.
This Is Why We Take It Seriously
Many of the most difficult problems facing America today were precipitated by these same people in this same way. Their objective has been to restructure the entire American culture with a hard twist to the collectivist left. They are directly responsible for many of the domestic and international crises in which the American people find themselves today.
Public indifference in the past has permitted these people to achieve many of their purposes with a minimum of resistance, but the attack on the Constitution may be a rallying point around which the indignation of an aroused American public can be mobilized.
If not, the whole crescendo of propaganda and agitation which these organization are planning is supposed to attain some resounding dimensions before the presidential election of 1972. These “new constitution” people have even met to probe the possibilities of creating a new political party in case they are not able to compel at least one of the national parties to do their bidding by 1972. Whether we like it or not, this movement is pregnant with ominous meaning for the future of the United States.
What Would the New Constitution Do To Us?
An analysis of this proposed “model” federal charter reveals a whole new concept of government — in fact, the very concept of the founding fathers repudiated in Philadelphia during the summer of 1787. No longer would we be a federation of sovereign states.
In fact, the new constitution would do away with all of the states. In their place we would have “republics” like the Soviet Union. Each republic would have no less than 5% of the population or ten million people as present. This would mean around 20 republics to begin with. California would probably become two republics while Oregon, Washington, Montana, Idaho, Wyoming, Utah, Nevada and Arizona would find themselves all lumped together for one republic. There would only be three republics down south in addition to Texas. The New England republic would include Maine, Vermont, New Hampshire, Massachusetts, Connecticut and Rhode Island. A single midwestern republic would have to include North Dakota, South Dakota, Nebraska, Colorado, Kansas, New Mexico and Oklahoma. Illinois and Ohio could each be a republic but Michigan and Indiana would have to combine to qualify. Wisconsin, Minnesota and Iowa would also have to give up their individual identities in order to meet the requirements of the new constitution.
In a sense, it is deceptive to call these various regions “republics” because it turns out that they are merely administrative departments which are totally subordinate to the sufferance of Washington.
These “republics” would have no independent states rights as the founding fathers envisioned them.
The name of the United States would be changed to the United Republics of America. That, of course, would not be too different from the United Republics of Soviet Russia.
Tightly Controlled Elections
Article II provides a new department of government to be called the “Electoral Branch.” The head of the department is to be given the title of “overseer of electoral procedures.” There is provision for a massive bureaucracy to help him carry out his assignment.
The “Overseer” turns out to be quite a man. He would have charge of all elections, be responsible for the formal recognition of any political party, control the expenditure of all campaign funds from the public treasury (no private contributions would be allowed), provide the necessary facilities for discussions and conventions by each of the parties, supervise the selection of candidates in each of the parties, and draw up the boundaries for each of the voting districts. Most importantly, he would have authority (in fact, duty) to have a representative at all political meetings to present the Government’s point of view on any issue.
Anyone acquainted with political procedures will immediately recognize the powers of this Overseer as being completely authoritarian and his assigned duties are set up to the exclusive advantage of those already in power. The possibility of an opposition party being allowed to rise up and promote strong alternatives to established governmental policies would be not only remote but virtually impossible.
Residence requirements for voters would be no more than 30 days which means that the Government could arrange to have sympathetic voters move into a particular district for a month’s vacation and then these people could vote out any roster of candidates considered unfriendly to the Government’s policies before returning home. This is precisely the problem which has arisen in Berkeley, California, as a result of minimizing the residency requirement for voters. By this exact strategy the radical left hope to make Berkeley their first American conquest.
A Procedure For Sovietizing the United States
Article III of the new constitution provides for a “Planning Branch” and Article VI provides for a “regulatory Branch.” It follows the Soviet concept of total economic control with the modification of allowing any surviving industry or enterprise to be controlled by the Government rather than being expropriated or taken over. Both Hitler and Mussolini made this same modification.
To facilitate the Government’s vast planning operations, all privately owned industry connected with the public interest (and what isn’t?) must report all “intentions to expand or contract, give estimates of production and demand, probable uses or resources, numbers to be employed, and such other information as may be essential to comprehensive public planning” (section 9).
This program of massive planning generates in the author’s mind a recollection of the disastrous consequences of similar programs in the so-called socialist nations of Europe. It cost the United States several billion dollars to bail out the British after their initial experiment with this type of central planning and prompted one of the planners, Ivor Thomas, to write a book called, The Socialist Tragedy.
U.S. resources have been required by the tens of billions since World War II to keep European socialism from collapsing. Imagine having to loan millions to a country such as Sweden. Sweden hasn’t had to fight a war in 150 years and when others have gone to war she has usually sold to both sides. As a Swedish official told me on my visit two years ago, “We ought to be the richest per capita nation in the world but socialism is holding us back. Our national housing program is so bogged down with red tape and government planning that young couples must wait for more than eight years before they can have an apartment of their own.
Actually, none of the European countries were able to go totally socialist. They had to leave approximately 70% of their productive enterprises in private hands (and more or less competitive) in order to have profits to tax and thereby subsidize the socialized, government-owned enterprises. Even then, however, many of them would have stumbled into bankruptcy without American aid.
One of the shrewdest gimmicks in the newly proposed constitution for the U.S. is that any money needed to carry out the master-planning is automatically considered appropriate unless the tax-payers can get two-thirds of the Congress to vote against a particular item. The fact that one third of Congress is elected “at large” makes the possibility of mounting an effective protest virtually impossible. Imagine living in Los Angeles and trying to get a man in Baltimore to vote against a budget item adversely affecting California.
The National Regulator
The enforcement powers of the central government are set forth in Article VI and provide for an economic czar who is called the “National Regulator.” He has a board in charge of each type of industrial enterprise. He enforces the master planning of the Government. He has complete charge of issuing charters to any corporations involved in “public interest” enterprises and may revoke the charter of any corporation which he feels is not complying with the requirements of the Regulatory Board.
To most Americans, the most startling aspect of the powers delegated to the National Regulator is his legal choke-hold on the financial operations of all chartered corporations. He has the power to “prescribe the distribution of profits to stockholders, allowable amounts or working capital, reserves and costs, and all other practices affecting the public interest.” (section 3).
The National Regulator would have policing powers designed to control prices, production and production processes (section 6). He would also maintain the “surveillance of enterprises wholly or partly owned by the government (section 11).
This whole context of regulatory powers is precisely what was imposed on Germany and Italy under Hitler and Mussolini. Both of these advocates of fascist-socialism claimed that this centralization of regulatory power was all that was needed to “solve” their problems. Those unfortunate nations soon found they had completely lost control of their government and were saddled with the most profound conglomerate of problems they had ever known in their entire history.
The President and the Congress
Under the new constitution the President would not be allowed to run for two terms as at present but would be elected for one term of nine years. However, after three years in office he could be booted out if 60% of the people voted against him in a national plebiscite.
The President is given tremendous powers under the new constitution. He is described as “the head of the government, shaper of its commitments, expositor of its policies, and commander of its protective forces.” He would be the “caretaker” of “the nation’s resources,” be responsible for the manner in which they are “apportioned,” and be expected to “pay attention to recommendations of the Planning Board, the Watch-keeper of the Senate (we will cover him later) and the Regulator.”
Within prescribed limits the President would’ even be authorized to raise and lower taxes!
As for the Congress, one gets the impression that it would represent the government rather than the people. In the first place, a hundred Congressmen are to be elected “at large,” which means that very few of these would be known to any particular voter. Significantly, it is from that congressman “at large” (who are least responsible to the people) that all chairmen of the Congressional committees must be chosen.
The Congress is given the duty of implementing all the broad ramifications of the collectivized society envisioned by this “model” constitution.
Congress must provide federal insurance agencies or strictly control the private ones. It must provide federal transportation as needed, federal schools, federal universities, federal libraries, federal communications, federal research, federal cultural activities, federal recreation, and federal banking facilities. The congress is authorized to vote foreign aid (which the present Constitution does not) and “assist in the maintenance of world order.” The Congress can even grant jurisdiction and thereby subjugate the American people to any “international legislative, judicial or administrative organizations as shall be consistent with the national interest.” And the Congress will decide what is in the “national interest.”
The Congress is also obligated to help control population by correlating the number of citizens with “future resources.”
To prevent the Congress from meddling too much with the administration of governmental affairs it is provided that no government employee or military officer can be ordered to testify before a Congressional committee without the consent of his superiors.
Labor leaders might he alarmed to know that the new constitution would allow Congress to outlaw strikes as part of the bargaining process in any industry related to the public interest. It is difficult to imagine any type of enterprise which could not bc somehow identified with “public interest!”
The new constitution would change the U.S. Senate into an American House of Lords. All members would be appointed rather than elected and all would be appointed for life. Members would include high officials who had retired, Presidential candidates who had lost, former Overseers, Governors of the republics, judges, top military personnel, distinguished diplomats, etc.
One of the most significant things about the Senate would be its “watchkeeper.” He and his large staff would represent the Senate in the investigation of the “adequacy, competence, and integrity of governmental agencies and their personnel, as well as their continued usefulness…. For these purposes, investigations may be made, witnesses examined, post-audits made, and information required.”
With “Overseers,” “Watchkeepers,” “National Regulators” and a host of other investigative agencies running around checking on everything (including each other!) it would make the life of a government administrator in Washington embarrassingly similar to a comparable assignment in Moscow.
Rise of the Police State
By this time the reader should have little difficulty in determining what the new “model” constitution is designed to do to us. It is a giant stride toward the bleak existence described in George Orwell’s book, Nineteen Eighty-Four. That was Orwell’s warning of what can happen to any free society if it does not stop the collectivization process.
It is extremely significant that one will find hidden away in the “model” constitution the same kind of incipient perversion of police power as that which existed in the Russian OGPU and the Nazi Gestapo. It is in section 14 of Article IV. This section authorizes the appointment of a chief of “Intelligence and Investigations” who is called the “Intendant.” This was the name of the officers or administrators under the French, Spanish and Portuguese monarchies who were the “enforcers.” They carried out the policies of the crown.
The new constitution provides that the “Intendant” will be directly under the President. As the enforcement arm of the chief executive, the Intendant will not only maintain comprehensive intelligence reports and investigations on everything, but he will also “coordinate scientific and cultural studies within the government and elsewhere.” Obviously, there are no limits to the jurisdiction of this Presidential “enforcer.”
This enforcement arm would no doubt be the “big brother” which is always watching everybody in Orwell’s Nineteen Eighty-Four. It would not only be looking into criminal or espionage matters but would be equally zealous in matters relating to scientific and cultural developments. It becomes all the more ominous when one realizes that under Article I, section 10, there is a provision which permits total nationalization of all police power in the federal government. As far back as 35 years ago, J. Edgar Hoover warned the Congress that any nationalization of police power would toll the bell for democracy in America.
But that is what the “new constitution” people have planned for us. Under this new “Model” federal charter the law enforcement profession would soon degenerate into a cadre of political enforcers and become the most hated symbol of power in the nation.
It is obvious that American law enforcement has a tremendous stake in the outcome of this current feverish drive to scrap the old Constitution and adopt a new one. As we said in the beginning, this latest campaign is no fly-by-night effort of a few kooky cultists but is sponsored by some of the most powerful elements of the radical right as well as the revolutionary left. Already full-page ads have appeared in the press to galvanize grass-roots sentiment behind a movement called “Common Cause.” The idea is to create massive pressure on Washington to launch a series of crash programs to solve all our problems. Of course, crash programs have seldom provided satisfactory answers for anything. They nevertheless arouse in the public a mammoth euphoria of false hopes which can be readily exploited by political sycophants. When these fail there is a public reaction of frustration and boiling indignation. It is easy to blame the failures on “the system,” and that creates an ideal climate to demand a “new system” under a “new constitution.” Whether we like it or not, this is what is happening in our country and every wide-awake American should be aware of it.
In the following pages we present the text of the new constitution as it appeared in the Center Magazine, September-October, 1970.
Constitution for a United Republics of America
A model for discussion
Version xxxvii (1970)
It has been assumed in the course of this constitutional exercise that the time might come when the American people, exasperated by the obstructionism of their Congress, the unwarranted assumption of legislative powers by their Supreme Court, or the unbearable load of duties undertaken by the President, might decide that new institutions are necessary to fulfill their reasonable expectations of progress.
Conceivably, it could happen in this way:
A President, approaching the end of his term, provoked by his inability to move the Congress, determined to check the government’s hardening into bureaucratic stolidity, fearful of the accumulating consequences of obsolescence, and conscious of his inability to carry all his responsibilities, concludes that he must appeal for consent to a new constitution.
He cannot proceed in the ways provided in the existing Constitution. The Congress could not be expected to agree, by a two-thirds majority of both houses, to such a proposal; and serious petition for a convention from the states is even more unlikely. Both the present Congress and the existing states will be adversely affected by what must be done.
The President recalls that the framers in 1787 carried through something of a tour de force. The calling of a convention had been regularly authorized, it was true; but delegates, who had been directed simply to amend the Articles of Confederation, had gone much beyond their terms of reference and had framed a whole new governmental scheme. Moreover they had provided for its ratification by the adherence of only nine out of thirteen states, a doubtful way of reducing expected opposition.
It seems to the President that some new effort of this kind must be made. If it must be made in unorthodox fashion, it still could have the consent of the ultimate authority in a democracy — the people. If they demand a new constitution, who could say that the demand ought to be denied? He decides to give them that opportunity and he announces what he intends.
There is the expected uproar from those who fear the loss of privileges. But there is louder commendation from those who agree with him, and he is able to persuade a hundred concerned citizens of acknowledged prominence to join in the reconsideration. They undertake to draft a new constitution. By the time he has to campaign for reelection something like the following document has been produced and agreed to by eighty of the hundred. The President makes it the single issue of his appeal. He is satisfied, he says, that the draft constitution incorporates the principles of freedom under law; that it would assist in adaptation to the circumstances imposed by nature and by the need for tolerance among nations; and that it would encourage initiative and productivity while offering economic security.
The President assumes, he says, that since he is wholly identified with it, his election by a considerable majority would signal approval of the new constitution. They are engaged, he tells the voters, in a referendum of sovereign persons who stand above all the institutions of the government created by their ancestors and too little changed since that time. He puts the ratifying majority at sixty percent of those voting.
He speaks of the moment as a solemn one in the nation’s experience, a time when the past is being conditioned to the future, and when a law fundamental to all other laws is again being created as it had been by the founders in another time of national trial.
He pledges that if his proposal is approved, he will proceed by interim arrangement until the new constitution can be implemented; then he will retire to become a member of the new Senate provided for in the constitution.
Thus the issue is joined …
So that we may join in common endeavors, welcome the future in good order, and create an adequate and self-repairing government we the people do establish the United Republics of America, herein provided to be ours, and do ordain this Constitution, whose law it shall be until the time provided for it shall have run.
Section 1. There shall be Republics, each numbering no less than five percent of the whole people, with such exceptions as the boundary commission shall make. They shall continue during the life of this Constitution, together forming the United Republics of America.
Section 2. They shall have constitutions formulated and adopted by processes hereinafter prescribed.
Section 3. They shall have Governors General; legislatures; and planning, administrative, and judicial systems.
Section 4. Their political procedures shall be organized and supervised by their own electoral Overseers; but their elections shall not be in years of Presidential election.
Section 5. They may make use of the United Republics’ electoral apparatus and may be allotted funds under rules agreed to by the national Overseer; but, unless exceptions are approved by him, expenditures may not be made by or for any candidate; and residence requirements shall be no longer than thirty days.
Section 6. They may charter subsidiary governments, urban or rural, and may delegate to them powers appropriate to their responsibilities; and such governments shall be autonomous in matters exclusive to their citizens, except that they shall conform to constitutions of the United Republics of America and of their Republics.
Section 7. Republics may lay, or may delegate the laying of, taxes; but these shall conform to the rules and restraints stated herein for the United Republics; and those on land may be higher than those on its improvements.
Section 8. They shall be responsible for the administration of public services not reserved to the government of the United Republics, such activities being concerted with those of corresponding national agencies, where these exist, under arrangements common to all.
Section 9. The rights and duties prescribed in this Constitution shall be effective in the Republics and shall be suspended only in states of emergency declared by Governors General and not disapproved by the Senate of the United Republics.
Section 10. Police powers of the Republics shall extend to all matters not reserved to the United Republics; but preempted powers shall not be impaired.
Section 11. Republics may not enter into any treaty, alliance, or confederation not approved by the United Republics.
They may not coin money, provide for the payment of debts in any but legal tender, nor make any charge for inter-Republic services. They may not pass ex post facto laws or laws impairing the obligation of contract.
Section 12. Republics may not tax exports, may not tax with intent to prevent imports, and may not impose any tax forbidden by United Republics law; but the objects appropriate for taxation by Republics shall be clearly designated.
Section 13. Republics may not impose quarantine against imports from other Republics or impose any hindrance to citizens’ freedom of movement.
Section 14. If governments of the Republics fail to carry out fully their constitutional duties, their officials shall be warned and may be required by the Senate, on the recommendation of the Watchkeeper, to conform or be subject to suspension from their duties.
The Electoral Branch
Section 1. To arrange for participation by the electorate in the determination of policies and the selection of officials, there shall be an Electoral Branch of the United Republics.
Section 2. An Overseer of electoral procedures shall be chosen by the Senate for one term of seven years. He shall see to the organizations of national and district parties, arrange for discussion among them, and provide for the nomination and election of candidates for public office. During his service he shall belong to no political organization.
Section 3. A national party shall be one having had at least a five-per-cent affiliation in the latest general election; but a new party shall be recognized when valid petitions have been signed by at least two percent of the voters in each of thirty percent of the districts drawn for the House of Representatives. Recognition shall be suspended upon failure to gain five percent of the votes at a second election, ten percent at a third, or fifteen percent at further elections.
District parties shall be recognized when at least two percent of the voters shall have signed petitions of affiliation; but recognition shall be withdrawn upon failure to attract the same percentages as are necessary for the continuance of national parties.
Section 4. Recognition by the Overseer shall bring parties within established regulations and entitle them to common privileges.
Section 5. The Overseer shall promulgate rules for party conduct and shall see that fair practices are maintained. For this purpose he shall appoint deputies in each district and shall supervise the choice, in district and national conventions, of party administrators. His regulations and appointments may be objected to by the Senate; and he may be removed by a majority vote.
Section 6. The Overseer, with the administrators and other officials, shall:
a. Provide the means for discussion, in each party, of public issues, and, for this purpose, see that members have adequate facilities for participation.
b. Arrange for discussion, in annual district meetings, of the President’s views, of the findings of the Planning Branch, and such other information as may be pertinent for enlightened political discussion.
c. Arrange, on the first Saturday in each month, for enrollment, valid for one year, of voters at convenient places.
Section 7. He shall also:
a. Assist the parties in nominating candidates for district members of the House of Representatives each three years; and for this purpose designate one hundred districts, each with a similar number of eligible voters, redrawing districts after each election. In these there shall be party conventions having no more than three hundred delegates, so distributed that representation be approximately equal.
Candidates for delegate may become eligible by presenting petitions signed by two hundred registered voters. They shall be elected by party members on the first Tuesday in March, those having the largest number of votes being chosen until the three hundred, together with ten alternates, be complete.
District conventions shall be held on the first Tuesday in April. Delegates shall choose three candidates for membership in the House of Representatives, the three having the most votes becoming candidates.
b. Arrange for the election each three years of three members of the House of Representatives in each district from among the candidates chosen in party conventions, the three having the most votes to be elected.
Section 8. He shall also:
a. Arrange for national conventions to meet nine years after the previous Presidential election, having an equal number of delegates from each district, the whole not to exceed one thousand.
Candidates for delegate shall be eligible when petitions signed by five hundred registered voters have been filed. Those with the most votes, together with two alternates, shall be chosen in each district.
b. Approve procedures in these conventions for choosing one hundred candidates to be members-at-large of the House of Representatives, for this purpose causing delegates to file one choice with convention officials, voting on submissions to proceed until one hundred achieve ten percent; but not more than three choices may be resident in any one district; if any district have more than three, those with the fewest votes shall be eliminated, others being added from the districts having less than three, until equality be reached. Of those added, those having the most votes shall be chosen first.
c. Arrange procedures for consideration and approval of party objectives by the convention.
d. Formulate rules for the nomination in these conventions of candidates for President and Vice Presidents when the offices are to fall vacant, candidates for nomination to be recognized when petitions shall have been presented by one hundred or more delegates, pledged to continue support until, candidates can no longer win or until they consent to withdraw. Presidents and Vice Presidents, after serving for three years, shall submit to referendum, and if rejected, new conventions shall be held within one month and candidates shall be chosen as for vacant offices.
Candidates for President and Vice Presidents shall be nominated on attaining a majority.
e. Arrange for the election the first Tuesday in June, in appropriate years, of new candidates for President and Vice Presidents, and for members-at-large of the House of Representatives, all being presented to the nation’s voters as a ticket; if no ticket achieve a majority, he shall arrange another election on the third Tuesday in June between the two having the most votes; and if referendum so determine he shall provide similar arrangements for the nomination and election of candidates.
If there be no majority in this election, another shall be held on the first Tuesday in July following.
Section 9. He shall also:
a. Arrange for the convening of the legislative houses on the fourth Tuesday of July.
b. Arrange for inauguration of the President and Vice Presidents on the second Tuesday of August.
Section 10. All costs of these procedures shall be paid from public funds and there shall be no private contributions to parties or candidates; no contributions or expenditures for meetings, conventions, or campaigns shall be made; and no candidate for office may make any personal expenditures unless authorized by the Overseer; and persons or groups making expenditures, directly or indirectly, in support of prospective candidates, shall report to the Overseer and shall conform to his regulations.
Section 11. Expenses of the Electoral Branch shall be met by the addition of one percent to their net annual taxable income returns by taxpayers, this sum to be held by the Chancellor of Financial Affairs for disposition by the Overseer.
Funds shall be distributed to parties in proportion to the respective number of votes cast for the President and Governors General at the last election, except that new parties, on being recognized, shall share in proportion to their number. Party administrators shall make allocations to legislative candidates in amounts proportional to the party vote at the last election.
Expenditures shall be audited by the Watchkeeper; and sums not expended within two years shall no longer be available.
It shall be a condition of every communications franchise that facilities shall be available for allocation by the Electoral Overseer to candidates for office.
the Electoral Overseer to candidates for office.
Section 12. In all electoral decisions the vote of any citizen shall count equally with others; his eligibility to vote and his qualifications for office shall be determined as provided herein.
The Planning Branch
Section 1. There shall be a Planning Branch to formulate and administer plans and to prepare budgets for the uses of expected income in pursuit of policies formulated by the processes provided herein.
Section 2. There shall be a Planning Board of eleven members appointed by the President; the first members shall have terms of one to eleven years, the one having the longest term to be chairman; thereafter one shall be appointed each year. They shall be eligible for reappointment.
Section 3. The chairman shall present to the Board six- and twelve-year development plans prepared by a planning department under his supervision, and they shall be revised after public hearings in the year before they are to take effect. These shall be submitted to the President on the fourth Tuesday in July for transmission to the Senate on September 1st with his comments.
The chairman shall transmit the annual budget to the President on the fourth Tuesday in July. It shall be a revision, for the coming year, of the six-year plan, combining estimates for all departments and agencies.
If a majority of the Board fail to approve the budget proposals by the forwarding date, the chairman shall nevertheless make submission to the President with notations of reservations by members. The President shall transmit the budget, with his comments, to the House of Representatives on September 1st.
Section 4. A planning administrator shall be appointed by the chairman, unless a majority of the Board object, from panels elected by national associations of professional planners recognized by him; and he shall appoint such deputies as may be agreed to by the chairman and the Board.
Section 5. It shall be recognized that the six- and twelve-year development plans represent national intentions tempered by the appraisal of possibilities. The twelve-year plan shall be a general estimate of probable progress, both governmental and private; the six-year plan shall be more specific as to estimated income and expenditure.
The purpose shall be to advance, through every agency of government, the excellence of national life; it shall be the further purpose to anticipate innovations, to estimate their impact, to assimilate them into existing institutions, or to moderate deleterious effects on the environment and on society.
The six- and twelve-year plans shall be disseminated for discussion and the opinions expressed shall be considered in the formulation of plans for the succeeding year.
Section 6. For both plans an extension of one year into the future shall be made each year and the estimates for all other years shall be revised accordingly. For non-governmental activities the estimate of developments shall be calculated to indicate the need for enlargement or restriction.
Section 7. If there be objection by the President or the Senate to the six- or twelve-year plans, they shall be returned for restudy and resubmission. If there still be differences, and if the president and the Senate agree, they shall prevail. If they do not agree, the Senate shall prevail and the plan shall be revised accordingly.
Section 8. The Republics, on June 1st, shall submit proposals for development to be considered for inclusion in those for the United Republics. Researches and administration shall be delegated, when convenient, to planning agencies of the Republics.
Section 9. Submissions may be required from such private individuals or associations as are affected with a public interest, including those organized as Authorities. They shall report intentions to expand or contract, estimates of production and demand, probable uses of resources, numbers to be employed, and such other information as may be essential to comprehensive public planning; but there shall be regard for the convenience of those required to make reports.
Section 10. The Planning Branch shall make and have custody of the official maps of the United Republics and these shall be documents of reference for future developments both public and private. The location of facilities, with extension indicated, and the intended use of all areas, shall be marked out on the official maps.
Official maps shall also be maintained by the planning agencies of the Republics; and in matters not exclusively national the Board may rely on these.
Developments in violation of official designation shall be at the risk of the venturer and there shall be no recourse; but losses from designations preceding acquisition shall be recoverable in actions before the Court of Claims.
Section 11. The Planning Branch shall have available to it funds equal to one-half of one percent of the approved United Republics budget (not including debt service or payments from trust funds). They shall be held by the Chancellor of Financial Affairs and expended according to rules approved by the Board.
Section 12. Allocations may be made for the work of the planning agencies of the Republics; but their procedures shall conform to standards formulated by the Board, taking into account population, area, and such other criteria as may be relevant; but only the United Republics map and plans or those approved by the Board shall have status at law.
Section 13. In making plans, there shall be due regard to the interests of other nations and such cooperation with their intentions as may be consistent with plans for the United Republics.
Section 14. The Planning Branch may cooperate with international agencies, making such contributions to their work as are approved by the President.
Section 1. The President of the United Republics shall be responsible to all the people. He shall be the head of their government, shaper of its commitments, expositor of its policies, and supreme commander of its protective forces.
He shall have one term of nine years, unless rejected by sixty percent of the electorate after three years.
He shall take care that the nation’s resources are estimated and are apportioned to its mere exigent needs; and he shall recommend such plans, legislation, and action as he may find necessary.
He shall address the legislators each year on the state of the nation, calling upon them to do their part for the general good, and from time to time shall make report to the citizens.
With the Vice Presidents and the Intendant, he shall see to it that the laws are faithfully executed and shall pay attention to recommendations of the planning Board, the Watchkeeper, and the Regulator in formulating his strategies.
Section 2. There shall be two Vice Presidents elected with the President: at the time of taking office the President shall designate one to supervise general affairs and the other to supervise internal affairs. He shall also designate one to be his successor if he shall be permanently incapacitated; the other shall be second in succession. If either Vice President shall die or be incapacitated, the President, with the consent of the Senate, shall appoint a successor. They shall serve with him if he shall have an extended term: but their assignments shall be at his convenience.
If the Presidency shall fall vacant through the disability of both Vice Presidents, the Senate shall elect a successor from among its members to serve until the next general election.
Section 3. Responsible to the Vice President for General Affairs there shall be Chancellors of Foreign, Financial, Military, and Legal Affairs.
The Chancellor of Foreign Affairs shall assist the President in conducting relations with other nations.
The Chancellor of Financial Affairs shall supervise the nation’s monetary system and regulate its capital markets and credit-issuing institutions as they may be established by law; and this shall include lending institutions for operations in other nations or in cooperation with them, except that treaties may determine their purposes and standards.
The Chancellor of Legal Affairs shall advise governmental agencies and represent them before the courts.
The Chancellor of Military Affairs shall act for the Presidency in disposing all armed forces except Republican Guards commanded by Governors General; but these shall be available for national service at the President’s convenience.
Except in declared emergency, the deployment of forces in far waters, or in other nations without their consent, shall be notified in advance to a national security committee of the Senate and if it object, and the Senate shall agree, it shall prevail.
Section 4. Responsible to the Vice President for Internal Affairs there shall be chancellors of such departments as the President may find necessary for performing the services of government and are not rejected by law when the succeeding budget is considered.
Section 5. Candidates for the Presidency and the Vice Presidencies shall be natural born citizens. Their suitability may be questioned by the Senate within ten days of their nomination, and if two-thirds of the whole agree, they shall withdraw and a nominating convention shall be reconvened. At the time of his nomination no candidate shall be a member of the Senate and none shall be on active service in the armed forces.
Section 6. The President may take leave because of illness or for an interval of relief, and the Vice President in charge of General Affairs shall act in his place; but the Senate shall be notified and a majority may object or may recall him to active duty. He may resign if the Senate agree; and if his term shall have more than two years to run, the Overseer shall arrange for a special election for President and Vice Presidents.
Section 7. The Vice Presidents may be directed to perform such ministerial duties as the President may find convenient; but their instructions shall be of record, and their actions shall be taken as his deputy.
Section 8. Incapacitation of the President may be established without his concurrence by a two-thirds vote of the Senate, whereupon his successor shall become acting President until the disability be declared, by a similar vote, to be ended or to have become permanent. Similarly the other Vice President shall succeed if his predecessor die or be disabled. Special elections, in these contingencies, may be required by the Senate.
Acting Presidents may appoint deputies, unless the Senate object, to assume their supervisory duties until the next election.
Section 9. The Vice Presidents, together with such other officials as the President may designate from time to time, may constitute his cabinet or council and shall serve as he may require, but this shall not include officials of other branches.
Section 10. Treaties or agreements with other nations, negotiated under the President’s direction, shall be in effect unless objected to by a majority of the Senate within ninety days. If objected to, the President may resubmit and the Senate reconsider. If a majority still object the Senate shall prevail.
Section 11. The President may cause information to be withheld from disclosure if it be judged by him to be harmful to any individual or to the public interest; but it shall be his duty not to infringe the public’s right to know for what reason decisions are made.
Section 12. All officers of the United Republics including representatives abroad, except as provided herein, shall be appointed and may be removed by the President. The Senate may object to appointments within sixty days, and alternative candidates may be offered until it agree.
Section 13. The President shall transmit to the Planning Board and the House of Representative, on the fourth Tuesday in June, his estimate of the maximum allowable expenditures for the ensuing fiscal year, and this shall be adhered to except in declared emergency.
Section 14. There shall be an Intendant responsible to the President. He shall supervise Offices for Intelligence and Investigation. He shall also supervise an Office of Emergency Organization with the duty of providing plans and procedures for such contingencies as may be anticipated.
Section 15. It shall also be the duty of the Intendant to coordinate scientific and cultural studies within the government and elsewhere, and for this purpose he shall establish such agencies and organize such assistance as may be found necessary,
Section 16. Offices for other purposes may be established and may be discontinued by Presidential order.
The Legislative Branch
(The Senate, and the House of Representatives)
A. The Senate
Section 1. There shall be a Senate with membership as follows: If they so desire, former Presidents, Vice Presidents, Principal Justices, Overseers, Chairmen of the Planning Board, Governors General of the Republics having had more than seven years’ service, and unsuccessful candidates for the Presidency and Vice Presidency who have received at least thirty percent of the vote; to be appointed by the President: three persons who have been Chancellors, two officials from the civil, and two from the diplomatic services; three senior military officers; also one person from a panel of three, elected in a process approved by the Overseer, by each of twelve such groups or associations as the President may recognize from time to time to be nationally representative, but none shall be a political group, no individual selected shall have been paid by any private interest to influence government, and any association objected to by the Senate shall not be recognized. Similarly, to be appointed by the Principal Justice, five persons distinguished in public law including three former members of the High Courts or the Judicial Council. Also, to be elected by the House of Representatives, three members who have served six or more years.
Vacancies shall be filled as they occur.
Section 2. Membership shall continue for life, except that absences not provided for by the Senate shall constitute retirement. Retirees may not engage in another paid occupation except in accord with an approved rule.
Section 3. The Senate shall elect a Provost to be its presiding officer for two years; but he shall continue unless a majority shall then disapprove. He shall appoint other officers, unless the House object, including a Vice Provost to act in his absence.
Section 4. The Senate shall convene each year on the second Tuesday in July and shall be in continuous session, but may adjourn to the call of the Provost, who may also excuse the absence of members. A quorum shall be more than three-fifths of the whole membership.
Section 5. The Senate shall consider, and return within thirty days, all measures approved by the House of Representatives except the annual budget; approval or disapproval shall be by a majority vote of those present; objection shall stand unless the House of Representatives shall overcome it by a two-thirds vote; if no return be made, approval by the House of Representatives shall be final.
Section 6. The Senate may ask advice from the Principal Justice concerning the constitutionality of measures before it; and if this be done, the time for return to the House of Representatives may extend to sixty days.
Section 7. If requested, the Senate may advise the President on matters of public interest; or, if not requested, by resolution approved by two-thirds of those present. There shall be a special duty to note the resolutions of party conventions and commitments made during campaigns; and, if these be ignored, to remind the President and the House of Representatives of these undertakings.
Section 8. In time of clear and present danger caused by cataclysm, by attack, or by insurrection, the Senate may declare a national emergency and may instruct the President to act. If the Senate be dispersed, and no quorum available, the President may proclaim the emergency, and may terminate it unless the Senate shall have acted. If the President be not available, and the circumstances be extreme, the senior serving member of the Presidential succession may act until a quorum assemble.
Section 9. The Senate may also define and declare a limited emergency in time of prospective danger, or of local or regional disaster; or if an extraordinary advantage be anticipated; it shall be considered by the House of Representatives within three days, and unless disapproved may extend for a designated period before renewal.
During declared emergency all defined procedures shall be adhered to unless it transcend all definition.
Section 10. The Senate shall elect a National Watchkeeper and shall supervise, through a standing committee, a Watchkeeping service conducted according to rules formulated by him for their approval.
With the assistance of an appropriate staff he shall gather and organize information concerning the adequacy, competence, and integrity of governmental agencies and their personnel, as well as their continued usefulness; he shall also suggest the need for new or expanded services; and he shall also report, concerning any agency, the deleterious effect of its activities on citizens or on the environment.
For these purposes, investigations may be made, witnesses examined, post-audits made, and information required.
The Provost shall present the Watchkeeper’s findings to the Senate, and, if it be judged to be in the public interest, they shall be made public, or, without being made public, be sent to the appropriate agency for its guidance and further action. On recommendation of the Watchkeeper the Senate may initiate measures to be voted on by the House of Representatives within thirty days. When approved by a majority and not vetoed by the President, they shall become law. For the Watchkeeping service one-quarter of one percent of individual net taxable incomes shall be held by the Chancellor of Financial Affairs: but amounts not expended in any fiscal year shall be available for general use.
B. The House of Representatives
Section 1. The House of Representatives shall be constituted of members who have been freely elected by the citizens of the United Republics and shall be the original law-making body.
Section 2. The House shall convene each year on the second Tuesday in July and shall remain in continuous session except that it may adjourn to the call of a Speaker, elected by majority vote, who shall be its presiding officer.
Section 3. It shall be a first duty of the House to implement by legislation the provisions of this constitution.
Section 4. Party leaders and their deputies shall be chosen by caucus at the beginning of each session.
Section 5. Standing and temporary committees shall be selected as follows:
Committees dealing with the calendaring and management of bills shall have a majority of members nominated to party caucuses by the Speaker; others shall be nominated by minority leaders. Membership shall correspond to the parties’ proportions at the last election. If nominations be not approved by a majority of the caucus, the Speaker or the minority leaders shall nominate others and these shall be seated.
When committees are constituted, the Speaker shall nominate chairmen from among their members; but chairmen shall be at-large members.
Members of other committees shall be chosen by party caucus in proportion to the results of the last election. Chairmen shall be chosen annually by the Speaker from among at-large members.
Bills referred to committee shall be returned to the House with recommendations within thirty days unless the House shall permit extension by majority vote.
All committee action shall be by majority vote and those voting for and against shall be recorded.
No committee chairman shall serve longer than six years.
Section 6. Approved legislation not objected to by the Senate within thirty days after submission shall be presented to the President for his approval or disapproval. If the President disapprove, and three-quarters of the membership still approve, it shall become law. The names of those voting for and against shall be recorded. Bills not returned within eleven days shall become law.
Section 7. The President may have thirty days to consider measures approved by the House and not presented to him twelve days previous to adjournment.
Section 8. The House shall consider the annual budget; if there be objection, it shall be notified to the Planning Board; but objection must be by whole title. The Board shall resubmit: but if there still be objection, the House shall prevail if there be a two-thirds majority.
Titles not objected to shall be in effect and shall constitute appropriation.
The budget for the fiscal year shall be in effect on January 1st. Titles not yet acted on shall be as in the former budget until action be completed.
Section 9. It shall be the duty of the House to make laws:
(1) For the laying and collecting of taxes:
a) Collections to be uniform throughout the United Republics.
b) Except such as may be authorized by law to be laid by the Republics or other authorities, all collections to be made by the revenue department of the United Republics. This shall include collections for the trust funds hereinafter authorized.
c) Except for corporate levies to be held in the National Sharing Fund, hereinafter authorized, revenues may be collected only from individuals and only from incomes; but there may be withholding from current incomes.
d) Limits may be established for altering rates of taxation to assist in the maintenance of stable economic activity. Within those limits the President may act by executive order.
e) Taxes shall not be retroactive.
f) Enterprises owned or conducted by religious establishments or other non-profit organizations shall be taxed.
g) There shall be no taxes on food, medicines, residential rentals, or on commodities or services designated by law as necessities; and there shall be no double taxation.
(2) For expenditure from revenues:
a) For the purposes detailed in the annual budget unless objection be made by the procedure prescribed herein.
b) For such other purposes as it may indicate and may require the Planning Branch to include in revisions of the budget; but, except in declared emergency, the total may not exceed the President’s estimate of available funds.
(3) For fixing the percentage of net corporate taxable incomes to be paid into a National Sharing Fund to be held in the custody of the Chancellor of Financial Affairs and to be expended for such welfare and environmental purposes as are determined by law; but expenditures for these purposes shall not exceed the amount held in the Fund.
(4) To provide for the regulation of commerce with other nations and among the Republics, Possessions, Territories, or, as shall be mutually agreed, Affiliated Republics; but exports shall not be taxed; and imports shall not be taxed except on recommendation of the President at rates whose allowable variation shall have been fixed by law; there shall be no quotas, and no nations favored by special rates, unless by special acts requiring two-thirds majorities.
(5) To establish or provide for the establishment of institutions for the safekeeping of savings, for the gathering and distribution of capital, for the issuance of credit, for controlling the media of exchange, and for regulating the coinage of money; but such institutions, when not public or semi-public, shall be regarded as affected with the public interest and shall be supervised by appropriate agencies directed by the Chancellor of Financial Affairs.
(6) To establish institutions for insurance against risks and liabilities, or to provide suitable agencies for their regulation.
(7) To ensure the maintenance, by ownership or regulation, of facilities for communication, transportation, and others commonly used and necessary for public convenience.
(8) To assist in the maintenance of world order, and, for this purpose, when the President shall recommend, to vest such jurisdiction in international legislative, judicial, or administrative organizations as shall be consistent with the national interest.
(9) To develop with other peoples, and for the benefit of all, the resources of space, of other bodies in the universe, and of the seas beyond twelve miles from low-water shores unless treaties shall provide other limits.
(10) To assist other peoples who have not attained satisfactory levels of well-being; to delegate the administration of funds, whenever possible, to international agencies; and to invest in or contribute to the furthering of development in other parts of the world.
(11) To assure, or to assist in assuring, equal access to facilities for education; for training in occupations citizens may be fitted to pursue; and to reeducate or retrain those whose occupations may become obsolete.
(12) To establish or to assist institutions devoted to higher education or to technical training, and to provide equal opportunities for all eligible students.
(13) To establish or assist libraries, archives, monuments, and other places of historic interest.
(14) To assist in the advancement of sciences and technologies; and to encourage cultural activities.
(15) To conserve natural resources by purchase, by withdrawal from use or by regulation; to provide, or to assist the Republics or other governments in providing facilities for recreation; to establish and maintain parks, forests, wetlands, and prairies; to improve streams and other waters; to insure the purity of air and water; to control the erosion of soils; and to do all else necessary for the protection of the national heritage.
(16) To acquire property and improvements whenever necessary for public use at costs to be fixed, if necessary, by the Court of Claims.
(17) To prevent the stoppage or hindrance of governmental activities, or of others affected with a public interest, by reason of disputes between employers and employees, or for other reasons, and for this purpose to provide for conclusive arbitration if adequate provision for collective bargaining shall fail. From such findings there may be appeal to the Court of Arbitration Review; but such proceedings may not stay the acceptance of findings.
(18) To establish and maintain armed forces for the security of the United Republics; but service in them shall be voluntary except in declared emergency when uniform service may be required; but the Court of Rights and Duties may establish exceptions for reasons of conscience or religious belief.
No officer of the armed forces may appear before a legislative committee; and no subordinate of any department may appear without the consent of the departmental chancellor.
(19) To enact such measures as will assist families in making adjustment to future resources, using estimates concerning population which have been made by the Planning Board.
(20) Such measures as the President may designate shall be voted on within ninety days.
The Regulatory Branch
Section 1. There shall be a Regulatory Branch and there shall be a National Regulator. With a National Regulatory Board, he shall make and administer rules for such enterprises as are determined by law to be affected with the public interest.
The Regulatory Branch shall have such agencies as the Regulator may find necessary and are not disapproved by law. He shall appoint boards, not larger than seven members each, appropriate for supervising particular kinds of enterprise; and he shall appoint one member as chairman. They may be objected to by the Senate.
The chairmen of these boards shall constitute the National Regulatory Board, to serve with the National Regulator in making general rules for the conduct of regulated enterprises. These shall conform to the principles of fair practice, equality of service, honesty in representation, and maintenance of efficiency; they shall provide for progress through research and for protection of public interests. Such enterprises may be investigated by the Watchkeeper; and appeal from rulings may be made to the Court of Administrative Settlements.
Section 2. The Regulator shall charter all corporations or other enterprises except those supervised by the Chancellor of Financial Affairs or the Intendant. The Republics may charter those for intra-Republic activities; but all charters shall describe proposed activities, and departures from these shall require amendment by the Regulator on penalty of revocation.
Section 3. Chartered enterprises may organize joint Authorities, and these may formulate among themselves codes to ensure fair competition, meet external costs, set standards for service, expand trade, increase production, eliminate waste, assist in standardization, and maintain services of research, communication, and common use; but membership shall be open to all, and nonmembers shall be required by license to maintain the standards fixed in the codes on penalty of revocation by the Regulatory Board.
All Authorities shall have governing committees of five, three being appointed by the Regulator to represent the public. They shall serve as he may determine; they shall be compensated; and he shall take care that there be no conflicts of interest. The National Regulatory Board shall approve or prescribe the distribution of profits to stockholders, allowable amounts of working capital, reserves and costs, and all other practices affecting the public interest.
All codes shall be subject to review by the Regulator with his Board; and governing bodies may be dissolved and reconstituted with approved members.
Section 4. Member enterprises of an Authority shall be exempt from other regulation.
Section 5. The Regulator, with his Board, shall fix standards and procedures for the merger of enterprises or the acquisition of some by others; and these shall be in effect unless rejected by the Court of Administrative Settlements. The purpose shall be to encourage adaptation to change and to further approved intentions for the nation.
Section 6. Enterprises may be restrained by the Regulator when they restrict access to, or increase prices of goods and services; or when their ecological effects are deleterious; and he shall see to it that external costs are assessed to their originators.
Section 7. Operations extending abroad shall conform to policies notified to the Regulator by the President.
Section 8. The Regulator shall charter non-profit corporations (or foundations) determined by him with the Board to be for useful public purposes; but this judgment may be reviewed by the Court of Rights and Duties. Contributions shall not be taxed.
Section 9. He shall make rules for and shall supervise storehouses for products and marketplaces for goods and services; but this shall not include security exchanges regulated by the Chancellor of Financial Affairs.
Section 10. Designation of enterprises affected with a public interest, rules for the conduct of enterprises and of their Authorities, and other actions of the Regulator or of the Boards, may be appealed to the Court of Administrative Settlements.
Section 11. Responsible also to the Regulator, there shall be a commission appointed by the Regulator, unless the Senate object, for the supervision of public enterprises. The commission shall maintain the necessary surveillance of enterprises wholly or partly owned by the government. The commission shall choose its chairman and he shall be the executive head of a supervisory staff. He may require reports, conduct investigations, and make rules and recommendations concerning surpluses or deficits, the absorption of external costs, standards of service, and rates or prices charged for services or goods. The intention shall be that such enterprises shall be self-supporting, but exceptions may be made if the legislature agree.
Each enterprise shall have a director, chosen by and removable by the commission; and he shall conduct its affairs in accordance with the standards of public service fixed by the commission.
The conduct of the commission and the activities of such corporations may be reviewed by the Court of Administrative Settlements.
The Judicial Branch
Section 1. There shall be a Principal Justice of the United Republics; and there shall be a Judicial Council, a Judicial Assembly, a High Court of the Constitution, and a High Court of Appeals; also Courts of Claims; Rights and Duties; Administrative Settlements; Tax Appeals; and Arbitration Review.
Also there shall be Circuit courts to be of first resort in suits brought under national law and to hear appeals from courts of the Republics.
Other courts may be established by law on recommendation of the Principal Justice with the Judicial Council.
Section 2. The Principal Justice shall preside over the judicial system, shall appoint the members of all courts, and, with the Judicial Council, make its rules; also, through the administrator, he shall supervise its operations.
Section 3. There shall be a Judicial Assembly consisting of Circuit Court judges, together with those of the High Courts of the United Republics and those of the highest courts of the Republics. It shall meet annually, or at the call of the Principal Justice, to consider the state of the judiciary and such other matters as may be laid before it.
It shall also meet at the call of the Provost to nominate three candidates for the Principal Justiceship of the United Republics whenever a vacancy shall occur. From these nominees the Senate shall choose the one having the most votes.
Section 4. The Principal Justice, unless the Senate object to any, shall appoint a Judicial Council of five members to serve during his incumbency. He shall designate a senior member who shall preside in his absence.
It shall be the duty of the Council, under the direction of the Principal Justice, to study the courts in operation, to prepare codes of ethics to be observed by members, and to suggest changes in procedure. They may ask the advice of the Judicial Assembly.
It shall also be a duty of the Council, as hereinafter provided, to suggest constitutional amendments when they appear to be necessary; and it shall also prepare the draft of revisions if they shall be required. Further, it shall examine, and from time to time cause to be revised, civil and criminal codes; these, when approved by the Judicial Assembly, and if not rejected by the Senate, shall be in effect throughout the United Republics.
Section 5. The Principal Justice shall have a term of twelve years; but if at any time he be disabled from continuing in office, as may be determined by the Senate, or if he resign, he shall be replaced by the senior member of the Judicial Council until a new selection be made. After six years the Assembly may determine, by a two-thirds vote, that he may not continue in office.
Section 6. The Principal Justice may suspend members of any court for incapacity or violation of rules; and the separation shall be final if a majority of the Senate agree.
For each court he shall appoint a senior member who shall preside.
Section 7. As a presiding judge may decide, with the concurrence of the senior judge of his court, criminal trials may be conducted either by investigatory or adversary proceedings, and whether there shall be a Jury and what the number shall be; but investigatory proceedings shall require a bench of three.
He may also provide for pre-trial proceedings. The roles shall preclude the putting twice in jeopardy of any accused for the same offense or punishment imposed if the accused be diseased or incompetent. They shall also preclude failure to inform the accused of charges, to allow confrontation of witnesses against him, or to call witnesses in his favor; but they shall provide for the enforcement of decorum during proceedings.
The accused shall have speedy trial and competent counsel; and the court shall consider his belief that the statute was invalid or unjust.
He shall not be compelled to be a witness against himself.
Section 8. In deciding on concordance with the Constitution, the High Court of the Constitution shall return to the House of Representatives statutes it cannot construe, and clarification shall be made within ninety days. If the House fail to make return the Court may interpret.
Section 9. The Principal Justice, with the Judicial Council, or the President, may grant pardons or reprieves for offenses against the United Republics.
Section 10. The High Courts shall have thirteen members; but nine members, chosen by their senior justice from time to time, shall constitute a court. The justices on leave shall be subject to recall.
Other courts shall have nine members; but seven, chosen by their senior, shall constitute a court.
All shall be in continuous session except for recesses approved by the Principal Justice.
Section 11. The Principal Justice, with the High Court of the Constitution, shall advise the Senate when requested concerning the constitutionality of measures approved by the House of Representatives; he may also advise the President, when requested, on matters involving constitutionality. Advisory opinions shall thereafter govern the Court’s decision.
Section 12. It shall be for other branches to accept and to enforce judicial decrees.
Section 13. The High Court of Appeals may select applications for further consideration of decisions reached by other courts including those of the Republics. If it decide that there be a constitutional issue it shall assume jurisdiction. Its decisions may be reviewed, without hearing, and finally, by the High Court of the Constitution.
Section 14. The High Court of the Constitution may decide:
a) Whether constitutional powers delegated by the legislature to any agency are excessive or are less than necessary for its mission. b) Whether constitutional provisions have been violated in litigation coming to it on appeal. c) On the application of constitutional provisions to suits involving the Republics. d) Suits involving international law as recognized in treaties, United Nations agreements, or any arrangements between members of the United Republics and other nations or their representatives. e) Other causes involving the interpretation of constitutional provisions, except that in holding any branch of government to have exceeded its powers, the opinion shall be reviewed finally by the Senate.
Section 15. The Courts of the Republics shall have initial jurisdiction in cases arising within their borders except those involving the Republic itself or those reserved for national courts by a rule of the Principal Justice with the Judicial Council.
Section 1. Qualifications for participation in democratic procedures as a citizen of the United Republics and eligibility for national offices shall be subject to repeated study and to redefinition by law; but any change in qualification shall become effective only if not disapproved by majority vote at a subsequent general election.
For this purpose a permanent Citizenship and Qualifications Commission shall be constituted, four to be appointed by the President, three by the Provost, three by the Speaker, and three by the Principal Justice. Vacancies shall be filled as they occur. They shall choose a chairman; they shall have suitable assistants and accommodations; and they may have other occupations. Recommendations of the commission shall be presented to the President and shall be transmitted to the House of Representatives by the President with his comments. They shall have a preferred place on the calendar, and if approved they shall go to referendum.
Section 2. Citizens’ freedom of expression, of movement, or of communication shall not be abridged except in emergency as defined in this Constitution; but the exercise of these rights may not diminish the rights of others or of the public; conflicts in the exercise of rights or questions concerning them and offenses against the public interest, adjudicated in courts of immediate jurisdiction, may be appealed to Courts of the Republics and to the Court of Rights and Duties.
Section 3. Every citizen’s right to practice religion shall be guaranteed; but no religion shall be imposed by some on others; and no religion shall be encouraged by the government.
Section 4. The writ of habeas corpus shall not be suspended except in declared emergency.
Section 5. The privacy of individuals shall be respected; searches and seizures shall be made only on judicial warrant; persons shall be pursued or questioned only for the prevention of crime and the apprehension of suspected criminals, and only according to rules of the Court of Rights and Duties.
No property shall be taken except for a public purpose, by due process and with compensation.
Section 6. It shall be public policy to promote discussion of public issues and to encourage peaceful public gatherings for this purpose; and permission to hold such gatherings shall not be denied, nor shall they be interrupted by public authorities except in declared emergency or on a showing of imminent danger to public order and on judicial warrant; but such gatherings shall be protected against disruption.
Section 7. Individuals and enterprises holding themselves out to serve the public shall serve all equally and shall be held to fairness in their practices; citizens’ complaints shall be attended to by the Watchkeeper, who may require compliance and compensation; but there may be appeal to the Court of Rights and Duties.
Section 8. The use of public lands, the air, or waters shall be a privilege granted only in the national interest and with restrictions imposed by authorized agencies.
Section 9. Any citizen may purchase, sell, lease, hold, convey, and inherit real and personal property, and shall benefit equally from all laws for the security of person and property; but he shall be equally liable to penalty, any statute, ordinance, regulation, or custom to the contrary notwithstanding, except as may be determined by the Court of Rights and Duties.
Section 10. No person holding any office may accept any award or title from a foreign state or its representatives except it be authorized by law.
Section 11. All those entering the service of the United Republics shall be chosen, under rules of service approved by law, for specific capability and without discrimination for any other reason.
Section 12. No person shall bear arms or possess lethal weapons except police, members of the armed forces, or those licensed under law according to rules established by the Court of Rights and Duties.
Section 13. Areas necessary for the uses of government may be acquired at its valuation and may be maintained as the public interest may require; valuations may be appealed to the Court of Claims. Such areas may have self-government in matters of local concern.
Section 14. The President may negotiate for the acquisition of areas outside the United Republics, and, if the Senate approve, may provide for their organization as Possessions or Territories.
Section 15. The President may make agreements with other organized peoples for a relation other than full membership in the United Republics. They may become citizens and may participate in the selection of officials. They may receive assistance for their development or from the National Sharing Fund if they conform to its requirements; and they may serve in civilian or military services, but only as volunteers. They shall be represented in the House of Representatives by members elected at large, their number proportional to their constituencies; but each shall have at least one; and each shall in the same way choose one permanent member of the Senate.
Section 16. The President, the Vice Presidents, and members of the legislative houses shall in all cases except treason, felony, and breach of the peace, be privileged from penalty for anything they may say while pursuing public duties; but the Judicial Council may make restraining rules.
Section 17. Except as otherwise provided by this Constitution, each legislative house shall establish its requirements for membership and procedures to insure against conflicts of interest. Each may make rules for the conduct of members, and provide its own disciplines for their infraction.
Section 18. No Republic shall abridge any of the rights, immunities, or liberties granted in this Constitution to citizens of the United Republics or shall interfere with its officials in the performance of their duties and all shall give full faith and credit to the acts of other Republics and of the United Republics.
Section 19. Public funds shall be expended only as authorized in this Constitution.
Section 1. Officers of the United Republics shall be those named in this Constitution, including those of the legislative houses and others authorized by law to be appointed; they shall be compensated and none may have other paid occupation unless they be excepted by law; none shall occupy more than one position in government; and none shall accept any gift or favor.
No income from former employments or associations shall be put aside for their benefit; but their properties may be put in trust and managed without their intervention during continuance in office; hardships under this rule may be considered by the Court of Rights and Duties and exceptions may be made with due regard to the general intention.
Section 2. The President, the Vice Presidents and the Principal Justice shall have households appropriate to their duties. The Vice Presidents, the Principal Justice, the Chairman of the Planning Board, the Regulator, the Watchkeeper, and the Overseer shall have salaries fixed by law and they shall continue for life; but if they become members of the Senate, they shall have senatorial compensation and shall conform to its requirements.
Justices of the High Courts shall have no term; and their salaries shall be two-thirds that of the Principal Justice; they, and members of the Judicial Council, shall be permanent members of the judiciary and shall be available for the assignment to duty by the Principal Justice.
Salaries for members of the Senate shall be the same as for Justices of the High Courts.
Section 3. Officials designated by the head of a branch as sharers in policy making may be appointed by him with the President’s concurrence and unless the Senate shall object.
Section 4. There shall be administrators:
a) for the offices and official households, appointed by a standing committee of the Senate; b) for the national courts, appointed by the Chief Justice; c) for the Legislative Branch selected by a committee of members from each house (chosen by the Provost and the Speaker), three from the House of Representatives and four from the Senate.
Appropriations shall be made to them; but those for the Presidency shall not be reduced during his term unless with his consent; and those for the Judicial Branch shall not be reduced during five years succeeding their determination, unless with the consent of the Chief Justice.
Section 5. The fiscal year shall be the same as the calendar year, with new appropriations available at its beginning; but if any remain to be acted on, provisions for the year preceding shall be in effect until action shall have been taken.
Section 6. There shall be an Officials’ Protective Service to guard the President, the Vice Presidents, the Principal Justice, and other officials whose safety may be at hazard; and there shall be a Protector appointed by a standing committee of the Senate and he shall be responsible to it. Protected officials shall be guided by procedures approved by the committee.
The service, at the request of the Political Overseer, may extend its protection to candidates for office; and they shall conform to uniform rules for public appearances.
Section 7. A suitable contingency fund shall be made available to the President for purposes defined in resolutions of the House of Representatives.
Section 8. The Senate shall try other officers of government than legislators when impeached by a two-thirds vote of the House of Representatives for conduct prejudicial to the public interest. If Presidents or Vice Presidents are to be tried, the Senate, as constituted, shall conduct the trial. Judgments shall not extend beyond removal from office and disqualification for holding further office; but the convicted official shall be liable to trial according to law.
Section 9. Members of legislative houses may be impeached by the Judicial Council; but for trial it shall be enlarged to seventeen by Justices of the High Courts appointed by the Principal Justice. If convicted, members shall be expelled and be ineligible for future public office; they shall also be liable for trial as citizens.
Section 1. It being the special duty of the Judicial Council to formulate and suggest amendments to this Constitution, it shall, from time to time, make proposals, through the Principal Justice, to the Senate. The Senate, if it approve, and if the President agree, shall instruct the Overseer to arrange at the next national election for submission of the amendment to the electorate. If not disapproved by a majority, it shall become part of this Constitution. If rejected, it may be restudied and resubmitted.
Section 2. When this Constitution shall have been in effect for five Presidential terms the Overseer shall ask, by referendum at the succeeding election, whether a new Constitution shall be prepared. If a majority so decide, the Council shall prepare a new draft, approved by the Senate, for submission at the next election.
If not disapproved by a majority it shall be in effect. If disapproved it shall be redrafted and resubmitted with such changes as may be appropriate to the then circumstances, and it shall be submitted to the electorate. If not disapproved by a majority it shall be in effect. If disapproved it shall be restudied and resubmitted.
Section 1. The President is authorized to assume such powers, make such appointments, and use such funds as are necessary to enable this Constitution to become effective as soon as possible after ratification.
Section 2. Such members of the Senate as may be at once available shall convene and, if at least half, shall constitute full membership while others are being added. They shall appoint an Overseer to arrange for electoral organization and elections for the offices of government; but the President and Vice Presidents shall serve out their terms and then become members of the Senate. At that time the Presidency shall be constituted as provided in this Constitution.
Section 3. Until each indicated change in the government shall have been completed the provisions of the existing Constitution and the organs of government shall be in effect.
Section 4. All functions of national government shall cease when and if they are replaced by others authorized under this Constitution as determined by the President.
The President shall cause to be constituted a commission of appropriate size to designate existing laws inconsistent with this Constitution and they shall be declared null and void by the President; also the commission shall assist the President and the legislative houses in the formulating of such laws as may be consistent with the Constitution and necessary to its implementation.
Section 5. For the establishing of the Republics’ boundaries a commission of thirteen, appointed by the Principal Justice of the United Republics, shall make recommendations within one year. For this purpose they may take advice and commission studies concerning resources, population, transportation, communication, economic and social arrangements, and such other conditions as may be significant. The Principal Justice shall transmit the commission’s report to the Senate after entertaining, if convenient, petitions for revision. If not objected to by the Senate, his recommendations shall be in effect.
Existing states shall not be divided unless metropolitan areas extending over more than one state are to be included in one Republic, or unless other compelling circumstances exist; and each Republic shall possess harmonious regional characteristics.
Section 6. Constitutions of the Republics shall be established as shall be arranged by the Judicial Council and the Principal Justice.
These procedures shall be as follows: Constitutions shall be drafted by an assembly of the highest courts of the states to be included in each Republic. There shall then be a convention of one hundred delegates chosen in special elections in a procedure approved by the Overseer. If the convention shall not reject the Constitution it shall be in effect and the government shall be constituted. If it be rejected, the Principal Justice, advised by the Judicial Council, shall promulgate a Constitution and initiate revisions to be submitted for approval at a time he shall appoint. If it again be rejected he shall promulgate another, taking account of objections, and it shall be in effect. A Republican Constitution, once in effect, shall be valid for twenty-five years when revision prepared by its Judicial Council shall be referred to its electorate; if not approved it shall be revised again and submitted at a regular election.
Section 7. Until Governors General and legislatures of the Republics are seated, state governments shall continue in their functions except that the President may appoint temporary Governors General to act as executives until succeeded by those regularly elected. These Governors General shall succeed to the executive functions of the states as they are merged in the Republics.
Section 8. The indicated appointments, elections, and other arrangements shall be made with all deliberate speed.
Section 9. The first Judicial Assembly for selecting a register of candidates for the Principal Justiceship of the United Republics shall be called by the incumbent Chief Justice immediately upon ratification.
Section 10. When this Constitution has been implemented appropriate parts of this article shall be deleted.