I've had this kicking around in the back of my mind for awhile now, so I am putting it out here for your thoughts. This rather large Amendment aims to correct most of the problems we face as the result of the weaknesses of our Constitution. I'd rather write a new one, but that is not going to happen. This Amendment is not going to happen, but it was fun messing with it. Take a look and see what you think.
One of the consequences of this would be that all "law enforcement" organizations would be reduced to professional investigation units with NO enforcement authority whatsoever. Any cop, for example, engaging in enforcement action against another would be guilty of a felony and would spend a minimum of 5 years at hard labor or in solitary, no exceptions and no mercy. The practical effect there would be to de-ball cops and sheriffs and all other potential abusers of power. They would be reduced to having to beg assistance by US. That would likely result in far better behaviors by them toward us and would completely limit their ability to abuse us because those to whom they would appeal for aid would be free to tell them to go scratch in the event that what they were asking help for turned out not to be very kosher.
Take a look at article 13 - for example, the War Powers Act would become instantly null and void. We could no longer go to war without a declaration. This Amendment would unwind an incredible amount of very bad statute and would restore Common Law to our courts, which again may not be perfect, but it is worlds and universes better than what we now have.
It may not be perfect, but I do believe that 90%++ of our problems would be neatly solved by this, my Amendment XIX. if you have any ideas for improvement, which I am sure it could use in some abundance, lets see it.
AMENDMENT XXIX
Whereas, The People are the Individual Sovereigns of any country and,
Whereas those of a nation's population who by choice function as agents or other instruments of official governance and,
Whereas the relationship of The People to said agents or instruments is that of the Sovereign to the servant,
Be it herein and perpetually set forth as the Supreme Law of the Land the following:
- No Person holding government office at any level or manner within the territory of the United States may possess or cause to be possessed by any department, office, agency, or other instrument of government or governance, public or private, any weapon, weapons related systems, or any other technology or instrument disallowed to The People.
- During their tenure of office, such public officials, whether elected, appointed, hired, or otherwise contracted and who officially speak or otherwise act to diminish, limit, violate, ban, prohibit, or otherwise in any way disparage the absolute right of every free man to keep and bear arms equal in power and of equal or equivalent form to those of the greatest capabilities of any military organization on the planet shall be guilty of treason and shall be subject to immediate arrest by any citizen of the United States. Upon establishment of reasonable evidence in support of such charges, such Persons shall be tried in a Court of Common Law and if convicted shall spend no less than one year at hard labor. Any subsequent convictions for the same offense shall each double the sentence of the most recent previous conviction. Conviction on multiple charges shall each carry separate and equal sentencing and shall be served consecutively. Anyone knowingly and falsely charging such Persons such that they be arrested and investigated shall be guilty of a felony to be punished upon conviction by one year at hard labor and guilty of a tort, the compensation for which shall be determined in a Court of Equity should the aggrieved parties choose to take action.
- The Military shall never be allowed weaponry of greater power than of those allowed to Individuals regardless of circumstance.
- The People may ban certain arms and systems to the Military as may be expressed in Law. Such bans may be instated by any governing body at any functional level whatsoever. The People may similarly ban technologies and systems from other governing organizations as may please them. Such bans may never be instated against private Individuals in violation of their Rights.
- No governmental branch, department, agency, office, or other organization, subdivision, or individual member or agent thereof other than the military proper shall be permitted the possession or employment of weapons of any sort, at any time, in any manner, or for any reason whatsoever. If such entities find themselves in need of such material force to discharge some Duty of Office on behalf of The People, they shall be required to solicit the help of volunteers from the Body of The People who shall render such aid without the benefit of compensation, save for the direct costs for which they can present true and legitimate receipts or other proof of expenditures incurred by them in the discharge of their services. Such volunteers would be limited to no more than 10 (ten) days of such voluntary service per calendar year. Any person volunteering beyond this limit shall be guilty of a misdemeanor punishable by not less than 120 days at hard labor and shall be guilty of having violated the Public Trust and shall be forever barred from again operating in such capacities.
- All publicly funded organizations possessing as part of its charter, structure, function, or purpose the enforcement of law, regulation, policy, statute, or any other governmental fiat are forthwith disbarred from directly conducting and executing any enforcement action pursuant to such laws, regulations, and policies. All enforcement activity shall be conducted through the solicitation of volunteers as per point 5 (five) above.
- All Courts of Criminal Law shall operate under the jurisdiction of the Common Law. No other jurisdiction whatsoever shall be permitted, including Canonical Positive Law, Trade Law including Uniform Commercial Code, International Law, Canonical Ecclesiastical Law, or any other.
- Any Judge or other officer of a Court of Criminal Law applying non-Common Law jurisdiction of any sort including law, rules, procedures, and standards in such a court shall be guilty of a heinous breach of the Public Trust, shall be removed from their position, tried, and if convicted serve not less than 5 (five) years at hard labor or in solitary confinement. Each count for which such a person is found guilty shall have its own and separate sentencing. Anyone so convicted shall be disbarred from ever holding public office again in any capacity whatsoever, whether the position be elected, appointed, hired, or otherwise contracted. They shall furthermore be guilty of having committed a tort against the violated parties, the compensation for which shall be determined in a Court of Equity, should the aggrieved parties choose to take action.
- Any governing official, whether elected, appointed, hired, or otherwise contracted to discharge duties in the Public Trust and who shall have violated that trust in any degree whatsoever, whether against a single individual or group thereof shall be guilty of a heinous breach of the Public Trust, shall be removed from their position, tried, and if convicted serve not less than 5 (five) years at hard labor or in solitary confinement. Each count for which such a person is found guilty shall have its own and separate sentencing, each to be served consecutively. Anyone so convicted shall be disbarred from ever holding public office again in any capacity whatsoever, whether the position be elected, appointed, hired, or otherwise contracted. They shall furthermore be guilty of having committed a tort against the violated parties, the compensation for which shall be determined in a Court of Equity, should the aggrieved parties choose to take action.
- Individuals may disregard any and all law that violates their fundamental Rights. Individuals may defend themselves against unlawful actions made against them by persons not in accordance with the law up to and including taking the lives of such persons in defense of their rights, lives, and property. He may come to the aid of any other person being violated and take similar action with the same immunity and right as if he were defending his own rights, life, and property upon having demonstrated sound judgement in the context of the prevailing circumstance.
- The military shall never be permitted to function as a domestic enforcement entity at any time, in any manner, to any degree, or for any reason whatsoever. Their sole function shall be the defense of materially direct attacks against the People and Territories of the United States. Any such use of the military against The People of the United States shall constitute an act of treason against said People. Those responsible for such misuse of military forces shall be guilty of high treason and upon conviction shall be sentenced to death by public hanging.
- The Rights of Free Men are absolute and sacrosanct as are the Obligations of one to the rest not to violate the Rights of Others. Those convicted of so violating the Rights of Others and who shall have been subsequently assessed a definite criminal debt shall be known as Felons or Criminal Debtors and shall be stripped of their Constitutional Privileges, their Rights abridged as specified by Law until such time as said debt has been discharged in full. At that time such Persons are automatically restored to full rights. Any Person released from prison or other incarceration shall be deemed to have discharged their criminal debt in full and shall once again enjoy their natural status as a Free Man. So-called "nations", "states", "governments" and all other such abstract concepts are to be understood as non-existent per se and therefore cannot possess rights or any other characteristics save that of being conceptual in nature and serving as short-hand terms to render communication simpler. In the context of human civil life, only Natural Men possess Rights. States, Governments, etc. can possess Rights not even to the degree that stone or any other non-living object can.
- All Crimes Mala Prohibita are hereby and forthwith repealed and banned for all time, as are all other laws not in accord with the specifications of this Constitution. Only laws against Crimes Mala In Se shall retain their effect.
- This Amendment may not be repealed under any circumstance and may be superseded only by a similar Amendment that further strengthens the position of the People with respect to that of those functioning as governors in service to the People and under the Seal of the Public Trust.
- All elections in the United States shall be by paper ballot and by no other means whatsoever. Each voting precinct shall have no less than 20 (twenty) witnesses present as ballots are counted. Ballots shall be counted by no less than 10 (ten) persons, each subsequent count to be taken independently of the previous ones and marked separately. Any precinct unable to provide 10 counters and twenty witnesses to the counting shall no be allowed to host voting activities. All voters will be required to show proof of United States citizenship in order to vote and shall provide upon their ballots a thumb or other finger print upon handing said ballots in for counting.
- The Amendment Process shall be corrected as follows:
- Amendments must be available in final form for Public review for a period of no less than 5 (five) years.
- Any alteration of the proposed Amendment resets the review interval.
- Amendments shall be placed on a referendum for vote by the general public.
- Amendments must be ratified by no less than 90 (ninety) percent of a State's citizens.
- Amendments must then be ratified by the State legislature in order to be said to have been ratified by that State.
- A State Legislature is not obliged to ratify in the event that the population of that State has done so.
- A State Legislature cannot ratify an Amendment that has not been ratified by its citizens.
- One hundred percent (100%) of the State legislatures must ratify such an Amendment in order for it to become part of this Constitution.
17. Amendments XI through XXVII are hereby and forthwith repealed for all time.
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