THE NEW CONSTITUTION

 

 

President Obama asked for suggestions in improving government

Here is a modest proposal

 

 

 

THE NEW CONSTITUTION

A paradigm shift

 

 

E.K. Liberatore

 ekliberatore@sbcglobal.net

Eagle Books

Pearland, Texas 77581

ISBN 0-9718905-0-1

www.1constitution.com

 

 

PREFACE

 

The New Constitution

 

The world of the 21st century is one in which the individual is confronted with an endless list of new and unprecedented concerns. Such concerns, borne on the vehicle of technology, extend from the human genome to “globalization.” The latter forecasting an ultimate event, which is the unification of all nations into a global union.

 

In this emerging new world, many of the critical rules, norms laws, customs, and other mores of the past have lost their utility. Many are in the process of review, or of replacement, by new personal and social forms. A number of new issues concern ethical problems, particularly those involved in what makes us human are in need of resolution. The kind of issues that can be resolved by rules derived only through consensus. Even so, the individual as a participant in this new society feels increasingly powerless and irrelevant.

 

The need exists for a new top-level democratic charter, a constitution. One that must be more broadly explicit than those currently in force. The constitution providing a sharper focus in dealing with all the new critical issues. Not only in their resolution, but in their definition as well. This constitution requires individuals, collectively to have the last word in the rules they chose to live by.

 

It is obvious any new constitution cannot have a provision for each and every new thing or issue. But it should account for these in a general way. The specific provisions must speak to the major trends, those extending far into the future, and on both a national and international level. The major trends, to be reflected in the new constitution deal with the following.

 

1) The challenge to the human, biological self in its totality as a human being, as a collection of parts, and as a reproductive entity. There are many here that, morally, must be resolved only by the consensus of an informed public.

 

2) The social conflict between the individual and “systems.” The latter have many forms, including the political system, the corporate, professional and academic systems, and as well, unions, “movements” and lobbies of all kinds. There are many national and international entities, unions, “movements” and lobbies of all kinds. There are many national and international entities within each system and these may or may not be interconnected. Since there is no justice except among equals, the constitution must set right this inequality; by giving individuals power collectively, to deal with these powerful, self-interested systems. Without a champion in the new constitution the voice of the individual will remain of no consequence. Correcting damage after the fact, particularly with reference to critical issues, is to a great extent an outmoded form of governance.

 

3) As is often stated “we live in an information society,” and “information is power.” In making rational decisions individuals need accurate information regarding a system’s activities. Part of this information supply is the need to assure foresight and formal accountability of these systems. One needs to know the truth as individuals within the system entities know it. The public needs to know more of what politicians are up to. To the point here have been revelations of a network of misconduct involving corporate officers, accountants, regulators, and politicians, in a grand scheme of self-interest and conflict of interest, all conducted at public expense. While not all misconduct is extreme, systems lack a public control on excess. No longer can systems be relied on to police themselves.

 

4) Globalization and interdependence are irreversible facts of human progress. Nothing is more predictable than the mass assembly of people and enterprise, into ever-increasing units of organization. This, along with a loosening of national borders. To be human is to be social. Without social interaction language itself would be unnecessary. These units of organization occur not in a smooth evolution but in random stages, determined by chance. A pattern that has led to enduring communities of nations, the last stage before global union. Globalization has implications equal to the magnitude of the concept itself. Among other factors it affects, are the quality of life, economic well being, population growth and control, and operations by systems including corporations of no clear nationality. However unlike the past, not much will be left to chance. The free flow of information, money, trade, and people, compels a more orderly, transparent, and fair exchange, all within the envelope of global justice.

A unique provision of the new constitution is the introduction of a specific function dealing with international affairs. This function is semi-autonomous, exerting a strong influence on the national approach to international affairs. Internationalism must address the traditional problems of war and peace, as well as the phenomenon of international terrorism. “Terrorism” itself is in need of definition.

 

It is preferable to resolve the specific issue before violence is resorted to. Enlightened action being favored over violent reaction. That is, the new government with this function is structured to be more sensitive and responsive to problems identified in their earliest stages. With the new constitution the three problems cited are not allowed to dominate foreign policy. There is always the possibility of violent conflict in international relations. By its nature an action terminating in open conflict has a long lead time. The preconditions may take years to develop. The focus therefore is on this precondition phase. Modern society can no longer tolerate indiscriminate, self-centered, unaccountable behavior within the nation or internationally. Efforts toward prevention are far better than corrective actions. The former implies foresight and accountability. The latter, disruption, violence, and war. All punishments of the innocent to get back at the system.

 

5) The constant through constitutional change is the requirement of a democratic system of government. There are specifics. Not only is a Bill of Rights preserved but there is a Bill of Obligations. The latter relying on moral persuasion. Both sets are established by consensus through processes of the new constitution. The top-level structure is a council. Leadership is parliamentarian, not presidential. The latter system does not permit formal accountability in practice. In the old order many administrators critical to the general welfare are political appointments, where democratically, they should hold elective offices.

 

Traditionally, democratic governments were set up with representatives having the last word, public “voting” notwithstanding. Representation remains, but now the general public, structurally, has the last word. Administrative decisions on critical issues, defined as such, often are made arbitrarily or politically. These now require a formal, public input to influence laws and programs. This feature of a formal public input is one of the more significant differences between this constitution and existing ones.

 

6) Education throughout school life requires a comprehension of all the factors described here. Not only as physical facts but also as the moral values they imply. Ethical decisions are more critical when they affect others. One must recognize the moral responsibility in making decisions. Such decisions imply a knowledge much broader than its monetary value. Many personal and social problems have no absolute, inherent, natural answers. The existence of law implies this very lack of the absolute. Choices often must be made subjectively. In a progressive, enlightened society, there are three precepts-rules of action and conduct –that are basic in making decisions. The first is that in choices, one is constantly weighing “what is for me, what is for society, and what is for future generations.” The last is in public consciousness as never before. The second is the criterion that justice is done through what is deemed fair.

 

In delivering informed consent, one must first seek and demand the truth and formal accountability of all critical systems. This obligation is not a singularity, but a continuing process. It is obvious to practically everyone that values constantly change. One must maintain the flexibility of what is worth keeping and what should be discarded. This is the third precept.

 

7) Enlightened education is one of two basic functions that support a democracy. The other is the electoral system. In the new information society with so much conflicting information, it is important to assure the electoral process is free of bias, and that positions are clearly presented. Campaign and election procedures must be included in the constitution. A provision of the procedure is candidates for office run as a formal team. That is, the public knows beforehand a given team of administrators seeking office. This concept is another significant difference relative to current practice.

 

8) At this point it is important to recall that a constitution is merely a structure. A base used in processing a nation’s activities: laws, programs, unresolved problems, and other, established as “critical issues.” “Critical issues” are a special, important concept in the new constitution because these are what the candidates must respond to during a campaign, and are elected to implement. Critical issues are defined in both internal and external ways. The latter implies a positive, public input in their formulation. Obviously the contents and implementation of the new constitution are issues of their own.

 

Any new human-oriented structure requires a different set of attitudes to make it work. Structure and attitude are locked together. Consider the attitude required in switching from a horse-drawn carriage to operating an auto. The best change is a form of self-transcendence. One believes the new idea is worthwhile. It offers a significant improvement in the quality of life. In particular the change presents a more harmonious relationship between self and society. History has demonstrated ideological or theological attitude-change cannot emerge through force.

 

This self-transcendence, or value change, recalling that a value attached to an object becomes an attitude, not only concerns the polity. It covers a complete range of attitude changes implied by trends mentioned here, and by the contents of the new constitution itself. The individual must broadens one’s system of values to include more than money, cash value, and the market. A broadened value system implies other concerns are equally important and worthy of one’s time. Other concerns imply appreciation and internalization of such factors as the environment, the diversity of cultures, tolerance of opposing views, and compassion for the disadvantaged. With such a philosophy, the individual defines oneself as a total human being.

 

A People’s Constitution

 

The public is very aware there are serious problems in society. Extensive sources of information exist on all kinds of issues. But the public response is uncaring. As “the public” they believe they have no real power to influence legislation, or in a general sense, the course of history. For at least a generation, there has been no “true” self-determined history to America. Just a collection of reactions.

 

To set things right the first requirement is for a new, basic social organization-a constitution-that belongs to them, “the people” and not “the system.” No constitution should be stretched beyond its elastic limit. If so, it defines a bogus legislature. Laws cannot set this limit. It can only reveal itself by the consensual common sense of the judiciary. A concept that must be completely devoid of politics. This flexibility implies a document that must always reflect the times, and after careful deliberation.

 

A new constitution is not enough. It is necessary the people believe the document is truly responsive and support it in a permanent, interacting and dynamic manner. Thus basic elements of the paradigm shift are a new structure and the collective attitudes necessary to make their new system work.

 

This philosophy is imbedded in The New Constitution.

 

 

A Trilogy

 

The New Constitution is part of a trilogy. The other two books are:

 

“Liberation Manifesto” by E.K. Liberatore. It consists of 602 pages including notes and index. The book subject, among other concepts, provides the rationale that justifies the specific structure of The New Constitution, subsumed in the design of a new society. The rationale is presented within a basic conceptual framework, “the human-systems model.” (See anonymous diagram on the cover.) This book is a 2002 reissue, more timely now than when first released.

ISBN 0-9718905-1-X

 

“Human-Nature” by E.K. Liberatore. Consists of 55 pages of text (no back matter), also released in 2002. ISBN 0-9718905-2-8

This book is about attitude. It is a simplified direct description of Liberation Manifesto, devoid of the rationale, and presented from a different viewpoint. This view centers on contrasting the human with the natural in human behavior.

 

Being “too human” (ultrarational) can be as morally bad as acting “too natural” (revealing animal behavior). Individuals understand “animal behavior” in humans. But common, conceptual language has yet to recognize the notion of “too human” behavior. The latter is the counterpart of the former. The modern world has experienced many atrocities reflecting the ultrarationality of evildoers.

 

In the abstract, existential sense, not the moral sense, such ultranational behavior is absurd. Ideas such as replacing humans, modifying them for their parts, or working them as drones are ultrarational absurdities. In general, within this context, one is free to judge the self, the Other, and social ventures within the range of behaviors between the animal and the absurd. Being “normal” is the spread in between.

CONSTITUTION

of the Nation of _______

 

 

 

We the people of the democratic Nation of ________ ordain for ourselves and for future generations the following ends and means:

 

To secure for everyone liberty, security, and happiness.

To make the citizen paramount and superior to corporations and other critical systems with the goal of maximizing individual freedom within the complex context of society, and to resolve conflicts equitably between people individually or collectively, and these systems.

To establish measures that enhance the quality of life.

To delineate certain rights that heretofore were left to courts for decision.

To promote moral obligations as well as rights.

To define and promote social values concerning individualism, human life, and respect for others.

To guarantee availability of accurate information concerning critical corporations and other systems that affect the lives of the people.

To respect and uphold the implied rights of the natural environment.

To maximize the conservation of natural resources and those of human creation.

To recognize the irreversible trend toward globalization of all affairs, and to support such measures of singular and common interest critical to the Nation or the community of nations.

 

And for these ends:

 

To install a Council system of National Government consisting of three branches:

Publican, Parliamentary, and Union, with an independent Judiciary. The New Polity to consist of these four autonomous groups. Such functions to extend down to the lower levels of government. The Parliament to include both administrative and executive functions with exclusive powers to make laws. The Publican to be the source of verified, factual information, which is its sole source of power. The Publican to define and process Critical Issues in conjunction with Referendums, and in general to be the exclusive venue for citizens and organizations appealing to the government. The Publican to maintain a National Data Bank and to exclusively process the elections to office. The Union Office with delegated executive power, to represent the Nation in international activities and conversely to coordinate international decisions with the Nation. The Supreme Court to have exclusive powers to judge the laws of the Nation through the Constitution.

 

Through these ends and means we hereby establish this Constitution as the supreme document for the Nation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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CHAPTER I ARTICLES

 

General

Article 1

             The Constitution as amended including Supplements shall be the supreme law of the land. No lower-level laws shall conflict with provisions of the Constitution. Guidance for background and details shall be the document cited in CHAPTER V Attachment A.

 

Article 2

           1The political system designated New Polity, shall consist of a national, central government with a parliamentary system and a Supreme Court.

           2 Each of the branches of the New Polity shall establish its own rules of procedure necessary to conduct business.

 

Article 3

           1 Leadership of the central government shall consist of a National Council of three members: National Publican, Prime Minister, and National Union Officer. Their functions are set forth in Articles of the Constitution. Decision power is shared equally among the three members of the Council, who have individual and collective responsibility. Each member has one vote, with vote options to be negotiated within the Council deliberations.

            2 The Prime Minister is head of Parliament and head of state.

            3 The National Publican is head of the Office of Publican and head of the Nation.

            4 The Union Officer is integrator of the nation’s interests with those of other nations and with an emerging world government.

 

Article 4

            The Supreme Court shall be the ultimate arbiter of the Constitution and its Supplements as set forth in articles of this Constitution.

    

      

 

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Article 5

            1 Lower levels of government in counties, cities, towns, and parishes shall have the same structure as the national government, and these communities shall include their own independent courts.

            2 The Local Council shall consist of a Local Publican, Local Administrator and Local Union Officer, each function to include appropriate staffing.

             3 The Local Publican shall process local legislation, at the same time implements the national policies of this function.

            4 The Local Administrator shall assure the laws of the Nation are carried out at the local level.

            5 The Local Union Officer shall serve as integrator and coordinator of actions at the local level with national policies, and internationally arrived-at decisions. It shall be recognized all international and national-level decisions ultimately affect individuals in the local communities and these communities shall have access to this office to transmit their concerns and recommendations to national an international transactions of a political or commercial nature, conducted at the highest levels of governments.

 

Article 6

            The Central Government and the Supreme Court shall convene at the seat of the New Polity which seat is the capitol of the Nation. The community containing the Central Government shall be named -------. The Capitol shall contain all necessary facilities for the convening members of government for their deliberations. Separate facilities shall be provided for the Supreme Court.

 

 

 

 

 

 

 

 

 

 

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Article 7

            1 The National Council shall meet regularly to integrate their positions on matters of the State. The Council shall maintain a Journal, and annually present individual reports to the General Assembly, and a unified report on the state of the Nation.

            2 Each of the Council members shall present individual operating budgets for the forthcoming year including projections. Budget for the Supreme Court shall be submitted by the Publican. Such budgets being previously reviewed at special meetings of the National Council.

 

National Council

Article 8

            1 Detailed powers direct or delegated of the National Council are set forth here under each of the individual functions. The Council has exclusive powers to decide on Critical Issues as formally identified by the Publican member of the Council. Decisions of Critical Issues shall be processed and implemented by the three separate functions of Government.

            2 Critical Issues are new, emerging issues that affect both national legislation and foreign policy. Issues involve use of Referendums. Such issues ultimately appear as Supplements to the Constitution. The intent of this Article is to make the Constitution a living document, responsive to the collective concerns of the people on matters of lasting importance.

Article 9

            The National Council shall provide oversight or scrutiny for the lower levels of government and the Civil Service. Through Article 14 the council shall support the National Publican in establishing special, independent review committees.

 

 

 

 

 

 

 

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Article 10

            1 Political parties shall be formed and operated according to the provisions of CHAPTER IV.

            2 Each of the three National Council members shall be independently elected by their respective, affiliated members according to the Election Campaign procedure described in CHAPTER IV.

 

National Publican

Article 11

            1The National Publican is the consciousness of the people in the New Polity, and the function represents the long memory of the office to influence legislation through Proposals to Parliament. The National Publican therefore is held to the highest standards of conduct.

            2 National Publican Proposals shall be derived by direct interaction with the people and with interest groups, through direct access, and by Referendums, and by procedures set forth in the Constitution.

            3 The National Publican and incumbents at lower levels of the Publican function shall remain in office on good behavior. Vacancies shall be filled by persons within the function, or by Article 42.

 

Article 12

            1 The National Publican shall be the official custodian and promulgator of verified information regarding internal affairs of the New Polity and of matters concerning Critical Enterprise and Critical Issues, as well as matters according to Article 14. The National Publican shall publicize its own proceedings and those of the Government and Court, supplying such information to the National Data Bank. The Bank with regional and local offices shall include entries such as Oversight proceedings and Issue proceedings.

 

 

 

 

 

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            2 Personal, biographical information the National Data Bank contains shall be obtained only by the Referendum process. It shall be unlawful for private data banks to collect personal, biographical information other than that in the National Data Bank.

            3 The Publican shall provide research services for all branches of the New Polity, including its own office and those of Parliament, the Union Offices and the Courts.

Advice and consent of the Publican shall be mandatory for any other function desiring to undertake its own research, survey, or investigative activities.

            4 The Publican shall be responsible for the activities of the National Archives, the National Library, the Patent Office and of other information sources of public interest and use.

Article 13

            1 The National Publican shall be responsible for the processing of Critical Issues by procedural interaction of this Office with the people, and with advice of other members of the National Council and the Supreme Court. Such issues have the potential of becoming Supplements to the Constitution, thereby representing its dynamic component. This Publican function produces a wider, consent of the governed in political matters. The procedural interaction avoids the problem of the “tyranny of the majority” heretofore associated with referendums and elections to office.

            2 Processing of non-critical issues of public concern shall be a responsibility of the Publican.

            3 To become a law, any issue must be approved by Parliament.

            4 The Publican shall be the sole source for public individuals or groups to petition or appeal to the government. Organized bodies include corporations, single-issue groups and agents. The single exception to this rule shall be the relationship between a Member of Parliament and one’s constituents, and for groups formed within a constituency. Such individuals and factions shall have access to their Member in Parliament. However it shall be unlawful for factions to organize collectively across constituencies.

 

 

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            5 The National Publican shall be responsible for processing the Election Campaign as described in CHAPTER IV.

            6 The National Publican with the advice of other National Council members shall install Corporate Publicans in Critical Enterprise as provided for in Article 18.

            7 The Office of Publican shall implement and preside over review boards and oversight boards as described in Article 14 and Article 18 on matters of concern to the Corporate Publican, and to public interest in general.

            8 The Publican shall provide for and supervise the services of mediation conciliation, and arbitration of disputes between management and labor.

            9 Every ten years the Publican shall implement and conduct a national census and inventory of the Nation.

           10 The Publican shall initiate and promote features that enhance the Quality of Life of the people. Such a function shall aim to establish shared norms and rules, and at the same time encourage cultural diversity.

 

Article 14

            1 Oversight, independent review, or scrutiny shall be entrusted exclusively to the office of the Publican. Such oversight shall be composed of both internal an external review systems. The object is to know the truth as the organization knows it.

            2 Internal reviews shall include oversight and audit of government accounts, policy and administration of Parliament, of the Union Office, the Court, and the Civil Service.

            3 External review includes oversight of corporations and other organized bodies and institutions, with disclosures and audits as deemed necessary. Oversight shall be of such matters as contracts, sales, consumer goods and services, regulatory agencies, and organizations that impose undue influence on the people during the Election Campaign.

            4 Oversight of the Office of Publican activity itself is through its direct interaction with the people who are free to challenge any of its actions of their concern.

 

 

 

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Article 15

            1 The sole power vested in the Office of Publican derived from the Supreme Court and reserved on good behavior, is the power of subpoena, specifically to secure information on operations of the Government and the Civil Service, corporations and other private organizations. Such writs shall be prepared with the advice of the Court and the other National Council members.

            2 The Publican has durable powers of persuasion in influencing the legislature, by virtue of its role as the direct representative of the public in the political system, and through executing the functions described in Article13 and Article 14.

 

Article 16

            1 The powers and authority vested in the Publican shall be limited only to matters expressly provided for in the Constitution.

            2 The Publican shall have no legislative power.

            3 The Publican shall not exceed one’s authority or remit, in seeking disclosure from internal or external organizations, the kind of information necessary in its role of oversight as set forth in Article 14. Abuse of this authority is subject to review and dispensation by a committee of three consisting of a Justice of the Court and the other two council members.

 

Article 17

            1 The Publican shall develop procedures for the identification, implementation, control, review, verification, and reporting on matters or functions assigned to it by the Constitution. Guidance is provided by the document Attachment VA.

            2 Publican activity shall involve development of techniques for sensing public mood, polling, referendums, and for scrutiny of corporations and other organizations.

            3 The Publican shall be responsible for processing Critical Issues as set forth in Article 13, and for oversight and review, as set forth in Article 14. Findings shall be formally reported to the public according to Article 12.

            4 Except for vacations the Office of Publican shall be in permanent session.

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Corporate Publican

 

Article 18

            1 Corporation here shall refer broadly to all organized systems including associations of shareholders in general, academic institutions, trade unions, and various other private institutions or assemblages of public interests including Government-created public corporations. All such corporations are of concern because they not only provide goods and services, but strive to move public interest in their favor, overtly, or covertly, potentially persuading individuals to act against their own self-interest or against public interest.

            2 The Office of Corporate Publican shall be the exclusive national polity representative on Critical Enterprise. The office shall be uniformly established at all levels of Government.

            3 Corporate Publican shall be installed in all Critical Enterprise, such enterprise shall be identified by Article 13 paragraph 6.

             4 The Corporate Publican shall be situated at a site or facility mutually-arrived at between the Publican and corporate executives.

            5 For matters of public interest or concern, the Corporate Publican shall “know the truth as the corporations knows it.” The information or findings shall be processed, including documentation, by the Publican’s office. If the Corporation seeks a rebuttal it shall be free to supply a Corporate Footnote to the Publican’s report.

            6 Provisions applicable to the Corporate Publican shall in no way inhibit the free speech of corporation officials regardless of their intentions. Complaints against the Publican shall be processed directly through the courts, bypassing the Publican’s normal functions.

 

 

 

 

 

 

 

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             7 The Corporate Publican shall have the same powers as the National Publican. The Corporate Publican’s office shall include the oversight function. In this role the office is concerned with such matters as conflicts of interest, political favoritism, fiduciary intervention, and investments in general. Oversight is to assure both the spirit and the letter of the law are adhered to in corporate business practices.

            8 The Corporate Publican’s office shall accept, process and report on complaints of any party with an interest in the corporation, including its officers and shall provide the mediation, conciliation, or arbitration services cited in Article 13 Paragraph8.

            9 A model Corporate Publican exhibits no bias toward any of the parties involved in a dispute, nor any bias toward the corporation itself. This function shall be the only access to Parliament for corporations in pursuit of their own interests. The intent of this provision is to allow corporations to influence legislation by their cause and not by their money.

           10 Corporate political action shall comply in general with provisions in CHAPTER IV on the Election Campaign. Public, corporation-generated statements including advertisements, shall present clearly, and without disguise, the originators’ names, their functions and the names of corporations or others, constructively financing the statements. If this information is not provided, the Corporate Publican shall attach a Publican Footnote to the public statement clarifying the source.

           11 The National Council shall establish the function of International Corporate Publican who shall be assigned to the Union Office to carry out one’s duties. These duties have the same authority as the domestic Corporate Publican. The international function shall have two branches. One account s for domestic corporations doing international business, and the other accounts for foreign corporations doing business within the Nation. The Union Office shall seek reciprocal agreements with foreign countries on oversight.

 

 

 

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Parliament

 

Article 19

            1 Parliament shall have the exclusive power to make laws and set policy through Cabinet processes with specific exceptions that concern Critical Issues as accounted for in Article 8 and Article 13.

             2 The Government with its Cabinet shall have the power to execute legislation.

            3 With advice from the other Council members, Parliament shall have the legal power to authorize National Data Bank Entries, except those entries that are processed through Referendums. Such entries have pro-forma legal assent.

            4 With the advice of the Publican, Union Office, and the Supreme Court, Parliament shall have the exclusive power to legislate additions to the Constitutional Bill of Rights and Obligations in Chapter III.

            5 Parliament shall have no powers except those Constitutionally sanctioned.

             6 Members of Parliament shall accept individual and collective responsibility for their actions.

             7 Except for vacations Members shall be in daily session.

 

Article 20

            1 Parliament shall be responsible for processing into Constitution Supplements, the Referendum results submitted by the Publican.

             2 Parliament shall be responsible for the ordinary functions of the office. Such functions shall include the operating budget, taxation, borrowing money, coinage and its regulation, health and welfare matters, education and environmental matters, internal police an militia affairs, matters of importance to local administration, legal and judicial affairs, preparation and processing of bills into acts, Civil Service administration, transportation, and other matters of legislation and execution.

            3 Parliament shall be responsible for the legislation and execution of matters of international policy such as treaties and agreements, foreign aid, migration, and military affairs.

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             4 As disclosed in other Articles, Parliament shall support as indicated, activities of other members of the National Council and the Courts.

            5 Parliament shall be responsible for legislation related to technologies in general and in particular, any laws concerning the new technologies as those associated with electronic commerce and activity, biotechnology, genetic engineering, and experimentations on humans.

            6 Parliament in its proceedings on issues of sovereignty shall seek the advice of the other National Council members and the Court.

            7 The ruling party in Parliament shall be elected by majority vote.

 

Article 21

            1 Members of Parliament are expected to vote their conscience. Member shall not seek instructions form any external authority or system that will influence their voting. It is unlawful for lobbies or other self-interest groups to petition Members directly. Such petitions are made through the Publican process as cited in Article 13 Paragraph 4. This provision does not apply at the constituent level as cited in Article 13 Paragraph 4.

            2 Parliament shall have no oversight powers. Any scrutiny of concern to Parliament shall be proposed to the Office of Publican for consideration and processing.

            3 The term of office for Members shall be a maximum of five years, or earlier as indicated by Parliamentary procedure.

            4 Members of Parliament shall campaign for office in compliance with CHAPTER IV.

 

Union Office

Article 23

            1 The Union Officer shall meet as a member of the National Council to exchange information on their activities, to participate in the resolution of Critical Issues and matters concerning international Critical Enterprise.

            2 The Union Officer shall represent the Nation in all international matters of political and private concern.

            3 The Union Officer in conjunction with the International Corporate Publican shall monitor and oversee corporations of domestic or foreign origin.

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            4 The Union Officer shall participate in, advice, and administer, policies of Parliament on international matters. Such laws include treaties, agreements, and conventions, and shall support policies of Parliament on international conflicts and on military matters in general.

            5 The Union Officer is responsible for matters concerning international violation of human rights, immigration and migration, the globalization of unions and labor, equity in employment in both domestic and foreign corporations, and for studies involving world opinion.

             6 Promotion of global mass travel, considered a significant factor in international peace and harmony, and a force in fostering democratic ideals, shall be a special function of this office.

            7 The Union Office shall maintain a Journal and submit special reports on its activities to the National Council. These reports shall include change-proposals to other branches of the New Polity, and shall include reports on the state of international society.

 

Article 24

            1 The Union Officer has exclusive power to appoint ambassadors and consular officials, including the United Nations ambassador.

            2 The Union Officer shall have the exclusive authority to encourage other nations to adopt the New Polity, council form of government. The intent is to evolve a uniform, democratic, future-oriented world government that fosters peace and harmony among people of the world.

            3 The Union Officer shall have no other powers but those specified in the Constitution, except those powers that may be delegated to it by Parliament or the Office of Publican.

 

Article 25

            1 Oversight of the Union Office shall be by the Office of the Publican.

            2 The Union Officer with the International Corporate Publican shall develop methods for accountability of domestic, international corporations and of foreign corporations.

 

 

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Article 26

            The Union Officer and incumbents at lower levels of this office above the permanent Civil Service shall remain in office on good behavior. Vacancies shall be filled by persons within the function or by the provisions of Article 42.

 

Article 27

            1 For National Council processing, the Union Officer shall collate and report on findings of the Local Union Offices insofar as international decisions, political or commercial, affect the people.

             2 It is a modern phenomenon that trade and other decisions at an international level have consequences that may or may no be in the interest of the people. This provision shall give the local factions or communities the right to protest, according the people fair consideration at the highest level of government. No international, commercial or other agreement shall be considered binding until the voice of the people is heard.

 

Supreme Court

 

Article 28

            1 The Supreme Court shall be the highest court in the Nation.

            2 The Court system shall consist of the Supreme Court, appellate and local courts, and both grand and petit juries.

            3 The Supreme Court shall consist of nine members with majority vote fixing the decision. The dissenting opinion shall be included in the report.

             4 The Constitution shall consist of a set of Basic Provisions, Supplements, a Bill of Rights, and a Bill of Obligations. The Articles of CHAPTER IV shall be an integral part of the Basic Constitution. ATTACHMENTS to the Constitution are included for information, or guidance only, and not as legal documents. The intent of the Supplements is to create a Constitution that shall be responsive to the interest of the people, as affected by Critical Issues of a lasting nature.

 

 

 

 

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Article 29

            1 The Supreme Court shall maintain a record of its Constitutional decisions, record of its proceedings, and a Journal. Special reports shall include the deliberations with the National Council.

            2 The Supreme Court shall give advice to the National Council, by initiative or by request, on Constitutional provisions concerning Amendments, Supplements, Critical Issues, and pending legislation.

 

Article 30

              1 The Justices of the Supreme Court shall be subject to the electoral process of CHAPTER IV. Term limit for Judges shall be five years.

             2 The Supreme Court shall prepare its own, annual operating budget with projections, on the advice and consent of the National Council.

            3 Vacancies shall be filled within the Court system, or by appointment by the National Council.

            4 Except for vacations, the Supreme Court shall remain in daily session.

 

Article 31

            The Supreme Court shall be the sole Judiciary to interpret the Constitution.

 

Article 32

            Scrutiny of the Supreme Court shall be by the Office of Publican.

 

Article 33

            1 Lower-level regional and local courts shall follow the form and procedures of the Supreme Court, as modified for local conditions.

            2 No lower-level court decisions shall overrule the provisions of the Constitution.

            3 In certain Critical Court Cases, paid, professional juries shall be employed. Identification of Critical Cases shall be made by the Local Council in which venue the case is tried. The selection of the professional jury shall be made by the Local Publican with the advice of the Local Administrator and Local Union Officer. Contested choice of case or of jury shall be addressed for resolution, to a similar and higher court.

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CHAPTER II SUPPLEMENTS

 

Article 34

            1 The Supplements shall be an integral part of the Constitution, processed according to Article 13.

            2 Supplements, which are Constitution refinements, are decisions made by the public through the publican process and the Publican identification of Critical Issues.

 

CHAPTER III BILL OF RIGHTS AND BILL OF OBLIGATIONS

 

Article 35

            The Bill of Rights and the Bill of Obligations shall be an integral part of the Constitution. The Rights are legally binding, while the Obligations are non-legal provisions. Obligations rely for observance on the moral pressure of the people.

 

Article 36

            The Bill of Rights with changes shall be identified through Constitutional processes, supervised by the Office of Publican, and approved by the National Council. These Rights shall include the following Provisions numbered as follows:

 

            1 Freedom of speech, religion, the press, and assembly.

            2 Limitations on searches and seizures.

             3 Protection of personal and property rights.

            4 Right to a speedy, public, and fair trial.

            5 Trial by jury in general, and a paid, professional jury in certain, Critical

                Cases.

            6 Prohibition of excessive bail and cruel and unusual punishment.

            7 Guarantee of due process of law and equal protection by the law.

            8 Right to vote of all citizens at age eighteen or above.

            9 Right to social security.

           10 Right to an adequate education.

           11 Right to opportunities to earn a living.

           12 Right to workman’s and unemployment compensation.

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           13 Right to a National Health System and proper living conditions.

           14 Freedom of information in general, and protection from misinformation.

           15 Human rights to include special rights for children, women, the aged and the disabled.

 

Article 37

 

            The Bill of Obligations shall be identified by the procedures of Article 36. The Bill of Obligations shall include the following provisions numbered :

            1 De-emphasis of materialism to a broader system of values.

            2 Value the status of all occupations.

             3 Reduce waste, emphasize the reuse of products, and practice conservation, realizing conservation is a modern form of growth.

            4 In labor disputes favor Publican settlement according to Article 18, Paragraph 8.

            5 Strive for a moral attitude change from a natural, Darwinian state to one emphasizing the human qualities of fairness and altruism.

            6 Seriously consider and effect organized boycott of organizations that the Corporate Publican declares exhibit sharp, shady, or insensitive business practices.

             7 Display an increased respect for plants and animals and the natural environment in general.

 

CHAPTER IV ELECTION TO OFFICE

 

Article 38

 

           1 The national election campaign described in this CHAPTER shall be a legally binding element of the Constitution.

            2 The campaign for national election as described in this Article shall apply to parties seeking Parliament seats. Campaign for Court seats shall be the same while making changes as appropriate.

            3 The National Council offices for Publican and Union Officer, are held on good behavior, as cited in Article 11 Paragraph 3 for the Publican, and Article 26 for the Union Officer.

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            If not filled by lower-level officers, vacancies shall be filled through special, by-elections as outlined in Article 42.

 

Article 39

            The complete campaign process shall be the responsibility of the Campaign Publican. This Article and Articles 40 and 41 shall be followed by all participants including the incumbents, office seekers, and voters, to be responsive to the requirements of the campaign process. As an organization, a political party shall have the common, generic name of New Political Party, as defined in Article 40 Paragraph 3.

 

            1 In pre-campaign, disclosure period of eight weeks, The Election Publican produces a Disclosure Form, submitted to each Political Party.

            2 In the disclosure, First Phase period, each Party shall prepare a formal response in their Manifesto. The Manifesto shall include the following information: financial disclosures, names of proposed, provisional Cabinet members and others who may influence legislation; biographical information accomplishments; treatment of Critical Issues posed in the Disclosure Form; proposed, additional legislative initiatives and projects; the general approach to a budget, expenditures and taxation; and a statement on how the particular, Party Minister will be compatible with other members of the National Council and the Supreme Court.

             3 The Election Publican consolidates the Manifesto into an Election Publican Report for distribution to the public, including the media. This Report also contains Footnotes, which are comments generated by the Publican. The importance of this document is that it is the verified information on Party and Publican positions. Any statements in conflict with this Report shall be treated as spurious.

            4 The formal campaign for election is the Second Phase of the campaign process. This Phase shall last sixteen weeks. The Publican supervises and monitors the campaign activity. Each Party campaigns, explaining and defending its Manifesto through the media and by meetings with the people.

 

 

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            5 The Third Phase of the campaign lasts one week, the last day of which is Election Day. The intent of this Phase is to allow each Party to summarize its Manifesto and at the same time report on its experiences during the Second Phase. The activity is under the supervision of the Publican. Free access to television and other media are provided by this Phase.

            6 On Election Day the Publican oversees the balloting and the count. On the basis of majority vote, the Publican formally declares the successful member of the new National Council.

 

Article 40

 

            There shall be special conditions and rules under which the campaign of Article 39 is performed. These conditions shall include the following:

           

            1 There shall be no Party campaigning in the Second Phase.

            2 Campaigns shall be funded by the government. It is expected that to receive a franchise, television stations and other important publicly-sanctioned communication outlets shall provide free time. This in particular applies to the Third Phase summary.

             3 A New Political Party shall not be named for, or identified with, any past political party. The parties shall take names of Greek letters of choice, as Alpha Party, Beta Party, and other, none of which shall suggest priority or preference.

            4 In the campaign process, no Party shall refer to any other Party, in its pronouncements, particularly to discredit it, or the individuals in it. The Party exclusive function is to explain its Manifesto and defend it.

            5 Exit polls shall be forbidden, as are media forecasts in the Third Phase.

            6 In the First Phase, the office-seekers, through the Publican, shall have access to certain, desired information from the incumbents that is needed to detail the projects and legislation contained in one’s Manifesto.

 

 

 

 

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Article 41

 

            Voter procedure shall include the following conditions:

            1 Register to vote.

            2 Review, question, debate the Publican Report, during the campaign.

            3 Undertake a hearing in the Third Phase on the Manifesto summaries.

            4 Vote on Election Day.

 

Article 42

 

            1 This Article shall account for special by-elections for the Office of Publican and for the Union Officer, both members of the National Council. The single example for the National Publican shall apply to the Union Officer as well. Although both Members of the National Council remain in office on good behavior, there may be situations where vacancies cannot be filled within the function.

             2 In event of vacancy the remaining Members of the National Council shall call a special election for the purpose of installing a new National Publican and one’s cabinet.

            3 Supervision of the election shall be undertaken by the incumbent Election Publican, or temporarily by another member of the office. The procedure shall follow the provisions of Article 39.

 

Article 43

 

            1 The voting process and successful candidate selection at the national level shall follow as required, the procedures of the Instant Runoff Voting system. The formal procedure shall be prepared by the National Publican. (Item C of Chapter V is provided for guidance.)

            2 The National Publican shall conduct the vote counting and declare the winning candidate for national office.

            3 Lower-level, office-seeking campaigns of importance (state, city, and other) shall follow the same procedure as for the national elections.

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CHAPTER V ATTACHMENTS

 

ATTACHMENTS are non legally-binding features of the Constitution. In the future these may be altered or deleted.

 

     A The principle guidance document is “Liberation Manifesto,” by E.K. Liberatore.

     B In the formation of a new political structure it is necessary to provide a startup procedure to staff this structure. For the purpose of provisional staffing of the government, a Committee of Implementation is formed to plan and oversee the process, and to appoint an ad-hoc Election Publican who is not an office seeker. The Committee will call for Party office-seekers. The election process will generally follow the provisions of Article 39, 40, 41, and 43.

     C For guidance in the National Publican effort to develop and implement the Instant Runoff Voting system , reference can be made to Document 216NC-12 (11October 2000), which is a commentary on the system.

 


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