Amendment XXIX For Consideration

[osan]

https://freedomisobvious.blogspot.co...ment-xxix.html

Amendment XXVIII

We are living in historic times, which means not only are certain things tough, but that we stand at a nexus, our choices likely to affect the quality of our lives from this point forward, as well as those of our posterity for long years and decades to come. It therefore behooves us to make our choices carefully. Let us go not from pan into fire, but rather let us move with strong and intelligent force to preserve our liberty and cultivate it towards ever greater perfection. This would prove a diametric departure from what we have been doing since at least the time of the Civil War, since which we have gone in the precise opposite direction, allowing those in positions of practical power to ever elide our Rights, most often under the pretext of some crisis, real or conjured.


To that end, I propose we call an Article V Convention of the states and in that forum, put forth for ratification a Twenty Eighth Amendment to the Constitution of the United States of America. This Amendment specifies in clear language the duties, obligations, and responsibilities of integrity and performance to which all sworn Public servants must adhere and comport themselves during their tenures as such.


Amendment 28 further specifies the punishments to be meted in cases where such servants, the Instruments of "state" and "government", violate their oaths of good faith and competent service. Those punishments are severe, to say the least, often including long prison sentences at hard labor, and may include death as the ultimate penalty. In addition, their families shall not rest immune in any case where they may be deemed as having shared culpability in the relevant crimes, profited from them in any way whatsoever, regardless of how indirectly, or having had even the least hint of something being amiss, failed to report their suspicions to the people.


The objective of this Amendment is to make the work of anyone in "government" so fraught with real and immediate danger where failure, mishap, and criminal acts are concerned, that none but the most pure of heart, utter competence, and steadfast trustworthiness would so much as consider such positions of Special Trust. The consequences of failure, much less criminal action, for those who choose to become Instruments of governance, must be precisely so severe in order to dissuade all but the most pathologically criminal among us to eschew the burdens of Public service for the sheer terror that the gravities must rightly instill. As for that tiny minority of willful miscreants, the punishments stand to cross their names from the gene pool.


Therefore, and in further pursuance of the goal of holding "government" on an infinitesimally short lead, I present for your edification and the ostensible salvation of humanity's last remaining bastion of hope for its own freedoms, the rightful and proper Twenty Eighth Amendment to the Constitution of the United States of America:




Amendment XXVIII




Because individuals holding Public office and other governmental appointments occupy positions of Special Trust, they must be sternly held to a higher standard of behavior. Intent of action is irrelevant to the actual results that arise from the choices made by those in such positions. It is only to the results of those choices to which the People, meaning every individual American, must turn their attentions and considerations where such choices result in the violation, diminution, or other disparagement, infringement of, or trespass upon the Rights of Free Men, for no man holds the least authority to violate those Rights. This is trebly so of those who choose to take up the mantle of the Public Trust, and for that reason we amend this Constitution as follows.


The purpose of this Amendment is to address the unjust results of those Servants who fail to uphold their sworn oaths, whether through design, incompetence, or mishap, and to specify the hazards all such individuals shall face for the commission of Crimes and Violations against those to whom they swore their Oaths of Good Faith and Competent Service.


Free Men stand under the constant threat of those who would see them subdued and reduced in status to some form and degree of servitude. It matters no whit whence, but as with any other iIndividual, when “government” in any form or fraction thereof becomes the source of such threats, the risks to life, limb, and other properties of Free Men are most acutely set to hazard and damage.

This Amendment seeks to reduce the means and abilities by which any government Instrument may be set against the Free Men of America by outlining in detail the limiting reins to be placed upon all such Instruments, as well as the hazards of correction and punishment that they face in the event of any violation of the Rights of a Free Man, regardless of how seemingly minor, innocuous, or necessary. It further reasserts the powers of Free Men to resist violations by “government”.


Let it be made clear that there exists no manor or degree of violation, or pretext regardless of purports to gravity or necessity, which authorizes any violation of the rights of a Free Man who has not been convicted of an explicitly defined and actual crime without the benefit of due process which will have arrived at a verdict to convict with the integrities of fairness, honesty, transparency, and truthfulness. Furthermore, there shall be no "State's secret" held by a State's prosecuting authority that shall be held in value above that of a Free Man's life such that it remains a secret where the least exculpatory value exists therewith, that value to be determined in every case by a jury of no less than twelve members of the Accused's peers.. There shall be no secret Courts or special Courts of any sort whatsoever, all those currently extant to be stricken from authority, dismantled and dissolved, its members such as judges and prosecutors debarred for twenty years from holding any position of Special Trust at any level of governance, with no exceptions.

I. Definitions

This section shall set forth and define all special terms used in this Amendment




Act of Governance


Any action undertaken by an Instrument or group thereof under the authority of either a duly sworn warrant, or as the result of witnessing the real and immediate commission of a criminal act by an individual or group thereof.


Any action taken by Free Men in defense against Violations or other Crimes committed by other Instruments, or other Free Men. Such actions may also be taken when “government” proves itself unworthy of the Public Trust, rendering such Instruments unreliable as to the proper discharge of the duties to which they swore Oaths of Good Faith and Competent Service.




Amended Crime [Violation]


An Amended Crime is one where the perpetrator has made sufficient reparations to his victim for each criminal act to assess said victim as having been remade as whole in terms of every loss suffered at the hands of the duly convicted perpetrator or perpetrators.

A sufficiently Amended Violation shall be deemed as a Crime whose debt to the victim or victims shall have been paid such that a Death Penalty and even a Prison Term may possibly be avoided, but only with the consent of the victims or victims. But in any event, the convicted party shall be debarred from any position of Special Trust for the remainder of their lives.




Crime [Violation]


For the purposes of this Amendment, a Crime is any Unamended Violation committed in trespass of the Sovereign Rights of Free Men who cannot be demonstrated prima facie to have committed any criminal act warranting governing action. Such action may only be undertaken by Instruments where criminal action is being witnessed as taking place in real time, or has been alleged under oath and affirmation by an individual or group thereof, resulting in the issuance of an actionable warrant which shall most narrowly specify the actions to be taken and the service of which shall be confined strictly to its specifications and other instructions. All warrants shall be served without initiating force, such being permitted only after the named subjects of such a warrant have initiated acts of violence against the servers of such warrants. Any actions taken outside the metes and bounds of such specifications shall call for in-depth investigation by third-parties unrelated to any individual or his related organizations or agencies, to determine whether such excursions from specifications were avoidable, and thereby punishable.


Any individual, whether Instrument or Free Man, who bears intentional Formal false witness against any Individual, whether Instrument or Free Man, shall face the same hazards as those to which he or they put, or would have put, the falsely accused.




Criminal


n. Any Human Individual living within the territorial borders of the United States of America who has committed a Crime, or is living under Criminal Debt, having been previously and duly convicted of a Crime.


adj. That which constitutes a Crime.




Criminal Debt


That which is owed by a human Instrument of Governance in consequence of having been duly convicted of a Criminal Act in a Court of Law, by a jury of one’s peers to those of whom they have been convicted of having violated.

A Criminal Debt may include material assets, as well as time such as that comprising a prison sentence, or a death penalty.

Anything penal or compensatory in nature as assessed against a Public Instrument duly convicted of a Crime as part of what they owe in restitution to their victims and/or as punishment for the deeds of which they have been duly convicted.




Formal/Formal Act


A Formal Act is one made so as to incite an official act of governance.


Any act committed as part of an act of governance, such as a trial, arrest, investigation, sworn deposition, grand jury testimony, etc..




Free Man


Any Human Individual not living under Criminal Debt.








Instrument, “Government Instrument”, "Public Instrument"


Any individual who has been elected to Public office or Public Position, whether by the People, by a Public Body, or by any other means whatsoever.


Any Individual appointed to any Public office or other Public position by any means whatsoever.
Any individual hired as a Public employee to any Public position whatsoever.


Any individual Publicly contracted to discharge any Public duties whatsoever.


This applies not only to individuals, but any group thereof imaginable that might be elected, appointed, hired, or contracted pursuant to Public duties.

These three terms are perfect analogs.


Furthermore, an Instrument is also the product of any individual, or group thereof in positions of Special Trust and service, the enactment or other application of which results in violations of the Rights of Free Men.




Public

Anything or anyone vested in the Public Trust


Anything funded through taxation, whether in whole or in part.


All Public personnel occupy Positions of Public Trust.


All Public endeavors are vested of the Public Trust.


The specifications of this definition applies to any and all levels and forms of governance/"government", whether federal, state, county, city, or village, etc.. There is no form, level, type, category, or degree of “government” to which this definition does not apply. All Public business, positions, and endeavors fall under this definition.


No Public office, agency, Instrumentality, goal, objective, or endeavor may be labeled or categorized as not being Public. Any such mislabeling or false categorization, or misuse, or misapplication shall constitute a Crime.




Public Trust/ Special Trust


"Public Trust" and "Special Trust" are perfect synonyms and are interchangeable.


A Special Trust is the trust of the People, taken as individuals and as an abstract collective, provisionally and conditionally granted to Instruments for the purposes of the discharge of their Public duties, all of which fall under the provisions of their sworn oaths of Good Faith and Competent Service. This trust is special in that it is assumed that those so vested in that trust shall not violate in in any manner or in any degree and any time, or for what reason whatsoever. To violate the Public Trust is to have committed the most grave sort of Crime.

The condition of the grant is that and Instrument never violate the Public Trust, whether through intent, incompetence, or mishap. Any such violation immediately divests the Instrument of his position of Special Trust and places him at risk of facing charges for a Crime.




Restored Man


The moment a Criminal Debt is discharged in full, the convict is restored to full Rights and may no longer be referred to as “convict”, save to state the fact that he was once convicted of a Crime.


In the case of Instruments, restoration is limited as specified herein.




Unamended Crime/Violation


An Unamended Crime is one where the perpetrator is either incapable of, or unwilling to make whole the victims upon whom he has committed a Violation.

In the case of incapacity, the Crime committed may not be regarded as being aggravated beyond the usual measure of such a Crime. For example, in the case of death resulting from the Crime, there is no means of restoring the victim to wholeness.

In the case of no will to amend, the Crime committed may be regarded as being aggravated beyond the usual measure of such a Crime. For example, in the case of theft, the perpetrator refuses to return the stolen items to his victim, despite his ability to do so, or provide said victim with a suitable replacement.


An Unamended Violation shall stand prima facie as a Crime against its victim.






Violation


A violation is any act committed by a government Instrument, as such, in trespass against the Sovereign Rights of any individual. Prevailing circumstances provide no defense for Instruments who act to violate Free Men, but may provide mitigating relief in cases of Amended Crimes where sentencing is to be considered. Unamended Violations and Crimes are perfect analogs.

Any Violation committed that was based on information proven false, shall not constitute a crime, provided all good restitutions are made. In such cases of “innocent” violations, those ultimately responsible for providing false information shall be held to account for their failures in the relevant instances. This responsibility includes all individuals making official statements of facts they cannot substantiate as being true. Such individuals may be Instruments, witnesses, or those of other involvements in the relevant matter.

Regardless of circumstances, any Instrument who commits a Violation, or contributes to the commitment of a Violation, shall at minimum be held responsible in part or in whole for reparations to the victims.


Any and all contraventions, breaches, breaking, nonobservance, disobedience, defiance, flouting, neglect, ignoring, or disruption of one's sworn Oath of Good Faith and Competent Service constitutes a Violation. All Unamended Violations are Crimes.

II. Limits of Action

Under no circumstance, including those of declared “emergencies” and “crises” shall any Instrument be empowered to violate the inherent Rights of Free Men within the territorial boundaries of the United States of America, nor those of any American citizen who may be abroad of those bounds.


The Bill of Rights, as embodied in Amendments 1, 2, 3, 4, 5, 6, 7, 8, and 9, reign supreme, all other considerations and purports to governmental authority waning to near vanishing in the shadows of those enumerations, most especially Amendments II, IX, and I.

III. Waiver of Rights

Where matters concerning the duties of an Instrument’s office and position are concerned, prior to perfection of the Instrument, the individual must agree to a waiver of certain Constitutional protections. The waiver shall include the following:

1. Right to privacy
2. Right to free speech (limited)
3. Right to remain silent
4. Right to not self-incriminate
5. Right to legal counsel

Pursuant to these waivers, all Instruments agree to answer fully and with complete candor and honesty, with no omissions of truth, all questions put to them during investigations of possible Crimes and Violations committed by themselves or other Instruments against Free Men.

Refusal to answer in the ways required shall constitute a Crime in sé, shall constitute prima facie proof of one’s criminal intent, and shall result in one year at hard labor with no possibility of parole, for each count.

Instruments deemed by investigating and prosecuting authorities to be of a lesser culpability, may trade sentencing for information deemed to be of extraordinary value by said authorities in pursuit of those of greater culpability. Under no circumstance shall a sentence be reduced below that of one year at hard labor.


In all cases the Instrument shall lose his position as such and shall be forever barred from securing any position of Special Trust.


These restrictions, as they apply to their tenures of service as Instruments, shall remain in effect for twenty-five years as of the last day of their service as an Instrument.

IV. Amended Violations

Any Instrument convicted of a Crime or other Violation and who amends his Criminal deeds sufficient to the victim’s assessment shall have their penalties reduced in severity as judge and victim(s) shall agree.


In all cases, the Instrument shall lose his position as such and shall be forever barred from securing any position of Special Trust.

V. Unamended Violations

Any Instrument convicted of a Crime or other Violation and who is incapable of making proper amends due to the nature of the Crime in question or other incapacity, shall endure the full force of penalties, but may be shown consideration if the victims accede to it unanimously, and only at the behest of the relevant Court.

In the case where the convicted refuses to make amends where he might otherwise be able to do so, the Crime shall stand as aggravated and the convict shall bear the full force of penalties, with neither consideration nor mercy, his victim(s) having no say in the matter.


In all cases, the Instrument shall lose his position as such and shall be forever barred from securing any position of Special Trust.

VI. Penalties and Exoneration

Those convicted of Crimes or other Violations as Instruments of government shall bear the following penalties:

1. Immediate loss of office/position, as well as all benefits, Rights, privileges, and protections attached thereto.
2. Prohibition from holding any Public office or other position of Public Trust, whether elected, appointed, hired, or contracted, for life.
3. All properties and other assets of the Instrument and his immediate family shall be forfeit. Any properties transferred to other parties, which can be demonstrated to have been so transferred as a measure to avoid forfeiture, including those so transferred within two years prior to having assumed his first position of Special Trust, shall come nonetheless equally under forfeiture.
4. Any family member, friend, or other associate of the Instrument who can be proven to have had knowledge of the Crime(s) in question and who failed to come forward to expose said Crime(s) shall be held equally guilty and shall endure equal penalties.
5. Unamended Crimes shall be punished with not less than one year at hard labor and not more than life at hard labor, save those that constitute Treason, which shall punished by Public execution.
6. Instruments may not be pardoned for their Crimes by anyone, including the President. Any attempt to pardon a convicted instrument shall constitute a Crime.
7. Any Instrument falsely convicted of a Crime and who has been exonerated through sufficient post-trial evidence shall be immediately restored in all ways to his pre-conviction condition. All parties responsible for such miscarriages of justice shall be held criminally culpable for the results of false conviction, including all witnesses who bore false testimony. There shall be no exceptions.
8. Any failure of responsible parties to bring the proper charges against those for whom formal charges have been made and a prima facie case exists, shall be guilty of a Crime and shall be punished without trial to not less than one year at hard labor.
9. Any Instrument convicted of intentionally obstructing justice pursuant to his service as an Instrument, or that of any other Instrument, shall be sentenced to not less than twenty years at hard labor with no possibility of parole.
10. Any Individual convicted of making a false formal accusation, or intentionally bearing false witness against an Instrument shall be sentenced double that which the Instrument would have received.
11. Any Individual convicted of having caused the false conviction and punishment of an instrument shall be sentenced trebly to that which said Instrument received. The individual shall be held accountable for all material losses incurred by the victim of such a crime.

VII. False Accusation

Pursuant to truer justice, and given the severity of the penalties for Instruments convicted of Crimes or Violations, government Instruments must enjoy proper protection against false accusation. To that end, anyone who accuses an Instrument of Crimes and/or Violations in a Formal manner shall face the precise same hazards of those whom they so accuse. the penalties doubled or trebled, depending on outcomes. In the case where accusations prove to be intentionally false, the accuser shall suffer double the punishments that would have been meted to the Instrument, had said Instrument been convicted. Intent to falsely accuse or bear false witness must established beyond reasonable doubt. Where false accusations have been made where it can be demonstrated that proper care would have lead to no charge, the accusers shall be punished by thirty days at hard labor.

VIII. Defense Against Crimes and Violations

Free Men retain the right to resist Crimes and other Violations perpetrated against them by government Instruments, using any means they deem necessary to preserve the integrity of life, limb, freedom, and other property. It is only by the non-violent presentation of a validly sworn and issued warrant that a Free Man may be compelled to cooperate with Instruments in the immediate term. Any violence initiated by Instruments in the service of a warrant renders the warrant invalid, void, and without force of Law, leaving subject(s) of the warrant free to take defensive measures. Any violence initiated by the subject of a valid warrant gives the serving Instruments leave to take defensive measures to affect service and preserve life, but nothing more. All such services must be recorded in real time to the best ability that current technologies may provide.


Anyone who acts in false defense against actions ultimately proven valid, those false actions may be deemed as aggravating factors if the actor is convicted of crimes which are directly related to said valid acts.


Free Men may convene courts of their own making to address Crimes and Violations, particularly when it is deemed that governmental courts have not, cannot, or will not discharge their duties in accord with the protections against Crimes and Violations. Such failures in themselves constitute Crimes and shall be treated in accord with the specifications of this Amendment. The convening of such courts renders all who become administratively involved with the proceedings as Public Instruments for the tenure of said proceedings, and shall bear the precise same obligations and face the identical risks, hazards, and penalties as any other Instrument in the discharge of the relevant duties. They shall be required to take the Oath of Good Faith and Competent Service prior to assuming the duties in question.

IX. Limited Restoration

All Instruments convicted of crimes shall be restored to their Rights upon completion of their sentences, with the following exceptions.

1. They may never again seek positions of Public Trust, doing so constituting a felony to be punished by not less than one year at hard labor and not more than five years at hard labor.
2. All restrictions of Article III of this Amendment as apply to their service as an Instrument shall remain in effect for the remainder of their natural lives.
3. They and their immediate family shall remain under official scrutiny for twenty-five years after the date of lapse of their sentences.
4. Immediate family members shall be debarred from securing any position of Special Trust for a period of twenty-five years from the date of conviction of an Instrument.

X. Oath of Good Faith and Competent Service

Prior to perfecting any governmental Instrument, the individual(s) in question must take the following oath, which shall remain in force for the duration of the Instrument’s tenure. The requirement to answer questions relating to duties of said tenure shall persist for not less than thirty years after lapse:

“I , <state full name>, do solemnly swear under pain of penalties I acknowledge and to which I accede in advance, to uphold the Constitution of the United States of America and to defend it from all enemies, foreign and domestic.


I do further solemnly swear, under even penalties, to abstain from committing Crimes and other Violations of the Rights of those to whom I swear this oath, the entirety of the People of the United States of America.


I do finally and solemnly swear, under pain of even penalties, to make whole all those whom I unjustly damage, whether through accident, incompetence, ignorance, or intent. Any refusal to make my victims whole shall stand as prima facie proof of my criminal intent against them.


Pursuant to the above sworn oath, I hereby waive my Constitutional Rights in all matters as they may relate to every facet of my sworn duties of office, and my position of Special Trust as a Public servant, as specified in Article Three of the Twenty Eighth Amendment to the Constitution of the United States of America. Namely, I waive my right to Right to privacy, my Right to free speech, my Right to remain silent, my Right to not self-incriminate, and my Right to legal counsel.


I vow to answer all questions, officially put to me as they relate to the relevant matters of my duties with the truth, the whole truth, and nothing but the truth.


I swear this oath of fealty, good faith, and competent, honest, and honorable service to every individual man, woman, and child of the United States of America.


I so swear this oath in the full capacity to do so with informed will, understanding, and consent without mental reservation or other impediment.


I swear this affirmation and oath upon my honor, my freedom, my fortune, and my life.



Thus endeth the Amendment.




I submit that it is only through the brute force of so seemingly draconian a set of specifications that we, the People, hold even the least hope of holding the Tyrant at bay. We are all witness to the mania of the various agents of "government". We are all witness to the endless destruction and misery caused by these mobs of criminally insane lunatics who pilfer, rape, rob, threaten, and murder their ways through careers in crime under the imprimatur of "the state".


If we do not end Themme, Theye will end us. It is really that stark and simple.


Until next time, please accept by best wishes.

[osan]

Given the current relevance, I hereby give this one a nudge.