Alternative Constitutionalism: Revising The Constitution Of United States Of America

Alternative Constitutionalism:

A Revised Constitution Of United States Of America

__________________

A Dissertation For The Degree Of Doctor of Philosophy

Department Of Political Science, University of Hawai’i At Manoa

Honolulu, Hawai’i

By Chandrashekar (Chandra) Tamirisa, (On Twitter) @c_tamirisa

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Preamble

We the People Together as One Nation under God, in social Equality and in Liberty, to establish Justice, insure Domestic Tranquility, provide for Common Defense, and promote our Common Well-being, do ordain and establish this Constitution of United States of America.

Article I

Section 1

All Legislative Powers herein are Vested in the Voting Citizens of the United States.

No Person who shall not have attained Puberty and not been a Citizen of the United States be granted the Powers to Vote or Legislate.

No law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances shall be made.

Section 2

Only Merit Test shall ever be required as a Qualification to any Office or Public Trust in United States of America.

Section 3

The People shall have the sole Power of Impeachment. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall Preside. Judgment in cases of Impeachment shall not extend further than to removal from Office, and Disqualification to hold similar office after. No Person shall be Convicted without the Concurrence of Two-Thirds of the Legislators present. The party convicted shall nevertheless be Liable and Subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 4

A Council of Mayors of City-States shall be responsible for acting as Legislators on behalf of their Citizens who are Legislators in their City-States and shall receive compensation for serving as Mayors and representative Legislators.

By Deliberation the citizens of each City-State shall determine the language their Mayor would adopt, until a piece of Legislation is submitted to the President for passage into a Law which he would be responsible to Execute.

No City-State in Census or Enumeration shall exceed in Population 500,000 People in Men, Women, Children and the Yet To Be Born.

No City-State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No City-State shall lay any Imposts or Duties on Imports or Exports.

No City-State shall enter into any Agreement or Compact with a Foreign Power or engage in War.

Section 5

Through the Mayors of their respective City-States the People shall Assemble to first determine if it is necessary to Legislate and then to Legislate, Virtually once every Three Months during the First Weeks of January, April, July, and December.

They shall in all cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Assemblies.

Every Assembly shall punish Legislators for Disorderly Conduct, defined as the use of Uncivil language or disturbing the peace of the proceedings, with the Concurrence of Two-Thirds and expel any Legislator for the duration of that Assembly after a period of Deliberation not exceeding four hours.

Section 6

Once every Four years, every such Assembly shall also be the Judge of Elections to the Office of President, ratifier of all Appointments by President to His Advisory Councils and Judiciary, and a Simple Majority shall constitute a Quorum.

Section 7

All Proceedings shall always be kept in Writing only, Collated, Cross-referenced and Secured in their Electronic Form.

Section 8

The Legislators shall receive the same Compensation, One-Twelfth of the Average, or Nominal per capita, National Income of the United States, and in excess of their occupational pay, paid out of the Treasury of the United States.

Section 9

All Bills for raising Revenue upon request by the President to operate the Executive Branch and to make the Laws of the Land shall originate in the Assembly.

All Necessary Funds shall be Appropriated to operate the Executive Branch and Laws of the Land made upon due deliberation by the Assembly and signed into Law by the President as presented to him by the Assembly.

Section 10

The Assembly shall have the Power to –

Determine Uniform Taxes to Fully provide for establishing Justice, insuring Domestic Tranquility, Common Defense, and General Well-Being of the United States;

Regulate Commerce with Foreign Nations, and among the several City-States including City-States granted in the Union for Indian Tribes;

Require that English be the Language of All Governments, Union and City-State, of United States of America;

Establish a Uniform Rule of Naturalization. All Citizens, Natural Born and Naturalized, shall be considered Citizens of All City-States of the Union.

Fix the Standard of Weights and Measures;

Promote the Progress of Science and Arts, by Securing for Limited Periods of Time to Authors and Inventors the Exclusive Right to their respective Writings and Discoveries;

Constitute Tribunals Inferior to the Supreme Court;

Define and Punish Piracies and Felonies Committed on the High Seas, and Offenses; against the Law of Nations;

Declare War, Grant Letters of Marque and Reprisal, and Make Rules concerning Captures on Land and Water;

Make Rules to Raise and Support a Stand-by Military but not for any Weapons of Mass Destruction and Small Arms for the People besides for Self-Defense in Remote Areas against wild animals and for game hunting regulated in the interest of natural preservation including forests;

Provide for calling forth the Military to execute the Laws of the Union, suppress Insurrections and repel Invasions;

Make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 11

Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the Public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any City-State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one City-State over those of another; nor shall Vessels bound to, or from, one City-State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all Public Money shall be published in the first weeks of January, April, September, and December.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall accept any Present, Emolument, Office, or Title, of any kind whatever, from any King, Queen, Prince, Princess, or Foreign State.

Section 12

The President, Vice President, and Mayors of City-States shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other High Crimes and Misdemeanors by a Written Call to such action by any Voting Citizen of the Union or a City-State at any time. The Call shall first be put to a vote of all Citizens and then the President, Vice President, and Mayors of City-States shall be Tried by the Citizens with the Appropriate Chief Judge Presiding.

Section 13

The Council of Mayors of City-States of United States of America Forbids all forms of Indentured and Intergenerational Ownership and Servitude of Citizens and Non-Citizens including in Crime.

Article II

Section 1

Executive Power shall be vested in a President of United States of America. He shall hold Office for a Term of four Years, and, together with a Vice President, chosen for the same Term, be elected, as follows:

The People of United States of America who, upon Puberty, are also Legislators in their City-States, shall elect a President and Vice President once every four years.

No Person except a Natural Born Citizen, or a Naturalized Citizen for at least Twenty Years, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.

In Case of the Removal of the President from Office, or his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Assembly may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President to be replaced upon a Special Election conducted as if it were a Regular Election. Until such a replacement occurs, the Council of Mayors of the City-States shall be responsible for the Administration of United States of America.

The President and Vice President shall receive a Compensation for performing their Duties as the Executors of the nation’s Laws. The Compensation shall neither be increased nor diminished during the Period for which they shall be elected, and they shall not receive within that Period any other Emolument from Egypt. He and the Vice President can be boarded and lodged, paid by the Citizens. All official activities performed by the President and Vice President shall also be paid by the Citizens. Any time spent outside of an eight hour work day and four-week vacations shall be compensated on a prorated-basis. Citizens shall not pay for non-work times. The President and his Officers are expected to keep their schedules to normal work days and arrange for alternates during vacations. There shall be no security detail for any employee of Egyptian government.

Before a President enters on the Execution of his Office, a privilege and not a luxury, he shall take the following Oath or Affirmation – “I do Solemnly Swear (or Affirm) that I will Faithfully Execute the Office of President of the United States, and will to the Best of my Ability, Preserve, Protect and Defend the Constitution of United States of America.”

Section 2

The President shall be Commander-in-Chief of the Stand-By Military of United States of America when called into Actual Service. He may require the Opinion, in writing, of the Principal Officer in each of the Executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Council of Mayors of City-States, to make Treaties, provided Two-Thirds of them Concur; and he shall nominate, by and with their Advice and Consent, Appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment and Dismissal of such Inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Section 3

He shall Coin and Retract Money to Regulate the Value thereof aided by Advisers situated in the Treasury and upon Full Declaration ex ante to All the Voting Citizens by way of Council of Mayors of City-States of its purpose and mechanism of use.

He shall, during the First Weeks of January, April, September and December, formally provide a Written Summary of his Executive Actions to the People, Related Expenditures, and the State of the Outcomes, Recommend to their consideration such Measures as he shall Judge Necessary and Expedient; he may, on Extraordinary Occasions, convene the Council of Mayors of City-States.

He shall Receive Ambassadors and other Public Ministers.

He shall Commission all the Officers of the United States.

He shall Ensure that the Laws of United States of America be Faithfully Executed.

Article III

Section 1

The Judicial Power of United States of America shall be vested in One Supreme Court, and in One Inferior Court in each City-State. The Judges, both of the Supreme and Inferior Courts, shall hold their Offices in Good Conduct, and shall receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

Section 2

No City-State of United States of America shall enter two or more Persons in a Bigamous or Polygamous or Polyandrous or Polyamorous Marriage or Divorce. The state shall have no jurisdiction over marriage.

The Well-being of All Orphaned and Endangered Children, defined as Natural Born and Naturalized Citizens of United States, before they shall have attained Puberty, and the Infirm shall Fully be the Responsibility of the United States in All of its City-States.

Section 3

The Judicial Power shall extend to all Cases in Law, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority – to all Cases affecting Ambassadors, other Public Ministers and Consuls – to all Cases of Admiralty and Maritime Jurisdiction – to Controversies to which the United States shall be a Party – to Controversies between two or more City-States – between a City-State and Citizen(s) of another City-State – between Citizens of different City-States, and between a State, or the Citizens thereof, and Foreign States, Citizens or Subjects.

In All Cases affecting Ambassadors, other Public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have Original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have Appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Council of Mayors of City-States shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the City-State where the said Crime(s) shall have been committed; but when not committed in the Union, the Trial shall be at such Place or Places as the Council of Mayors of City-States may by Law have directed.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

No Person shall be held to answer for a Capital, or otherwise infamous Crime, unless on a Presentment or Indictment of a Grand Jury; nor shall any Person be subject for the same Offense to be Twice put in Jeopardy of Life or Limb; nor shall be Compelled in any Criminal Case to be a Witness against Himself, nor be Deprived of Liberty or Property without Due Process of Law; nor shall Private Property be taken for Public Use, without Just Compensation.

In all Criminal Prosecutions, the Accused shall enjoy the Right to a Speedy and Public Trial, by an Impartial Jury of the City-State wherein the Crime shall have been Committed and to be Informed of the Nature and Cause of the Accusation; to be Confronted with the Witnesses against him; to have Compulsory Process for Obtaining Witnesses in his Favor, and to have the Assistance of Counsel for his Defense.

Excessive Bail shall not be required, nor Excessive Fines Imposed, nor Cruel and Unusual Punishments, including the Death Penalty, Inflicted, including on the Yet to be Born even if out of Rape or Incest.

Section 4

Treason against United States of America by a Citizen, shall consist only in Levying War against the United States, or in adhering to the Enemies of the United States by giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of Two Witnesses in Writing with Verifiable Evidence to the same Overt Act, or on Confession in Open Court.

The Council of Mayors of City-States shall have the Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture Except During the Life of the Person Attainted.

Article IV

Section 1

Full Faith and Credit shall be given in each City-State to the Public Acts, Records, and Judicial Proceedings of every other City-State.

The Council of Mayors of City-States may by Uniform Laws Prescribe the manner in which such Acts, Records and Proceedings shall be Proved, and the Effect thereof.

Section 2

Citizens of all City-States shall be Uniformly entitled to all Privileges and Immunities of United States of America.

A Person charged in any City-State with Treason, Felony, or other Crime, who shall Flee from Justice, and be found in another City-State, shall on Demand of the Executive Authority of the City-State from which he fled, be Delivered Up, to be Removed to the City-State having Jurisdiction of the Crime.

Section 3

New City-States may be admitted by the Council of Mayors of City-States into the Union; but no new City-State shall be formed or erected within the Jurisdiction of any other City-State; nor any City-State be formed by the Junction of two or more City-States, or Parts of City-States.

The Council of Mayors of City-States shall have Power to Dispose Of and Make All Needful Rules and Regulations Respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so Construed as to Prejudice any Claims of the United States, or of any particular City-State.

Section 4

United States of America shall Protect All City-States in the Union against Invasion by a Foreign State and against Domestic Violence, social, military and economic, Perpetrated by the Union on one or more City-States or on each other unless the Domestic Violence is for Preserving the Union.

Article V

The Council of Mayors of City-States, whenever Two-Thirds of the Mayors in Consultation with their Citizens, shall Deem it Necessary, shall propose In-Line Amendments and Overwrites to this Constitution.

Article VI

All Debts Contracted and Engagements entered into, before the Adoption of this Constitution, shall be Valid against the United States in Accordance with this Constitution.

This Constitution and the Laws of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme Law of the Land; and the Judges in every City-State shall be Bound thereby.

All Citizens, Natural Born and by Naturalization, upon Oath or Affirmation, shall owe their Allegiance to this Constitution.

__________________

Signature Page of the Dissertation Committee

Department of Political Science

University of Hawai’i at Manoa, Honolulu, Hawai’i

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About Chandrashekar (Chandra) Tamirisa

http://www.thecommonera.com/Common_Era/Me.html
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3 Responses to Alternative Constitutionalism: Revising The Constitution Of United States Of America

  1. loudefrog says:

    Sorry Chandra, but if you insist on writing constitutions for the US without any consideration for the rest of the world, you are setting things up for purpetual conflict, and then if you expect to charge $1.50 for reading the thing because you wrote it, we are off to a bad start.
    What is this ‘One World’ thing, and how is the US going to have any influence on the rest of the world, if it is unable to manage its finances, religions and/or other internal organised crime?
    Neither your central bank nor your government has any control over anything. We call that anarchy. Fortunately there are individuals in the ‘one world’ who actually think about manageing it without pitting one country against another.
    You might be interested to know that yesterday I received some correspondance that suggests that the E.U. and United Kingdom, are settling intercontinental credits using USDollars through the Bank of China. Looks like a conspiracy to me that you and the rest of the US government have little control over. I.O.U another $1.50.

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