WINNER ANNOUNCED:
The winner of the book contest is Michael Mincy from Forth Worth, Texas.
Mr. Mincy will receive a copy of the DDC's book, America's Crisis for his
proposed direct representative constitutional amendment below:
DDC note: Some of Mr. Mincy's suggestions will be incorporated into our
proposed constitutional amendment for direct democracy.
PROPOSED ARTICLE OF AMENDMENT
TO THE UNITED STATES CONSTITUTION
ARTICLE OF AMENDMENT XXVIII (28)
SECURED AND INVIOLABLE RIGHTS
CONGRESS OF SPECIAL REPRESENTATIVES
CONSTITUTIONAL CONVENTIONS
SECURED AND INVIOLABLE RIGHTS
We the People of the United States, in order to continue to form a more perfect Union, do ordain and establish the following:
SECTION 1. We Secure, Establish, and make Inviolable, the following Rights in addition to Amendments 1 through 10, and 14:
(1) The United States of America is a free, independent, and Sovereign nation.
(2)All Men are considered Equal. They are endowed with certain Inalienable Rights.
That among these Rights are Life, Liberty, and the Pursuit of Happiness.
And 'to Secure' these Rights, 'Governments are instituted', deriving their 'Just Powers' from the 'Consent of the Governed'. And Whenever 'any' Form of Government becomes destructive of these Ends, it is the Right of the People to Alter, or Abolish it, and to institute 'new' Government, laying it's foundation on such Principles, and organizing it's Power in such Form, which to them, seems 'most likely' to effect their Safety and Happiness.
(3) And in Addition to these Rights, the following Rights are Secured, Established, and made Inviolable;
(a)The Right of each citizen of the United States, each State, Commonwealth,
Territory, and Municipality of the United States, to possess and to use arms, is Secured, Established, and made Inviolable.
(b) No Police agency of the United States, State, Commonwealth, Territory, or
Municipality of the United States, will posses any arms not available to each citizen. All Military Forces of the United States, and the various Militias which presently exist, or which may in the future exists, in the States, Commonwealths, Territories, and Municipalities of the United States, will not participate in any way, in the 'police function' of the United States, States, Commonwealths, Territories, or Municipalities of the United States.
(c) The People of the United States, States, Commonwealths, Territories,
and Municipalities of the United States, will not be 'Seized' in a public place
Nor in any private place, nor will their homes, bodies, or means of transport be 'Searched", for any reason, except upon the written, sworn testimony of witnesses in Courts of Law, or by Police Officers operating in the Field, in which the evidence actually presented in court for either a warrant or for detention in the field, meets the level of 'clear and convincing' evidence. Neither will any class C misdemeanor, or similar crime, be 'enforced' by confinement for any reason at any time.
(d)1 The United States, States, Commonwealths, Territories, or Municipalities, of the United States, will not Enforce any law that abridges the privileges and immunities
Of the citizens of the United States. And The United States, States, Commonwealths, Territories, or Municipalities, of the United States, will not deprive any person of life, liberty, property, or Right to Happiness, without due process of the law, or deny to any person the equal protection of the law.
(d)2 All agents, representatives, and employees of all agencies, administrations, and all other offices of the United States, States, Commonwealths, Territories, and Municipalities of the United States, will be held responsible for any criminal or civil wrongdoing, to either the people or any public or private institution of the United States, States, Commonwealths, Territories, and Municipalities of the United States.
(e) The United States, States, Commonwealths, Territories, and Municipalities, of the United States, will be held responsible for any criminal or civil wrongdoing committed by all agents, representatives, and employees of all agencies, administrations, and all other offices of the United States, States, Commonwealths, Territories, or Municipalities, of the United States.
(f) "Special immunities" and "special privileges" extend to officials of government only when a meeting of the Congress of the United States, Congress of Special Representatives, a Legislature or Special Representatives of a State, Commonwealth, Territory, or Municipal legislature or assembly or council is in progress, and then "only" to members of those Congresses, Legislatures, assemblies, or councils. In all other situations, no form of "special immunity", or "special privileges" will be extended to any official of the government of the United States, States, Commonwealths, Territories, or Municipalities, of the United States, or to the military services of the United States.
CONGRESS OF SPECIAL REPRESENTATIVES
SECTION 2. We Secure and Establish Congresses, Legislatures, and Councils of Special Representatives for the United States of America.
(1) We Secure and Establish a Congress of Special Representatives for the United States of America.
(a) The Congress of Special Representatives consists of one representative from every State, Commonwealth, and Territory of the United States. They will be elected every year by every person age 18 and older, who is a citizen of that State, Commonwealth, and Territory, without further qualifications, by a simple majority vote.
(b) Any person age 18 and older, without further qualifications can be elected a Special Representative to the Congress of Special Representatives.
(c) The Congress of Special Representatives of the United States has complete veto power, without review by any other body of government, over any and all acts, resolutions, and laws passed by the Congress of the United States; over any and all acts and decisions of the President of the United States, and includes all agencies, administrations, and all other offices of the United States; any and all acts and decisions of the Supreme Court of the United States, any Appellate Courts of the United States, and over any United States District Courts. This power will be exercised by both the Special Representatives as a whole, or by any one of it's members. If any one member exercises such veto power, it must be reviewed and
upheld within at least 90 days after such veto, by the whole of the Congress of Special Representatives.
(d)The Congress of Special Representatives will normally follow the same procedures of business as provided for the Congress of the United States in Article I, Sections 5 and 6.
(e)Whenever 1/25th of the voters of each Representative in the Congress of Special Representatives calls for a recall, by petition, of that Representative, such election will be held in the place of election of that Representative.
(f)And, whenever 1/50th of the all the People of the United States calls, by petition,
for a recall of the whole of the Congress of Special Representatives, there will be held an election for that purpose.
(g)The Congress of Special Representatives may propose and pass laws, orders, and resolutions, by a simple majority vote. Such laws must then be presented to the President of the United States for review. And if he returns the law by veto, with his objections to the Congress of Special Representatives, such objections will be recorded in their journal. The Congress of Special Representatives will then reconsider the law. And, if after reconsideration they pass again such laws, by another simple majority vote, that law will become the Supreme law of the land.
(2)We Secure and Establish in each State, Commonwealth, and Territory, a
Legislature of Special Representatives. Each Legislature of Special Representatives has complete veto power, without review by any other body of government, over all acts of the Chief Executive, and includes all agencies, administrations, and all other offices of each State, Commonwealth, and Territory ; the acts of each Legislature, and over all the lower, district, appellate, and highest courts in each State, Commonwealth, and Territory in the United States of America. This power will be exercised by both the Special Representatives as a whole, or by any one of it's members. If any one member exercises such veto power, it must be reviewed and
upheld within at least 90 days after such veto, by the whole of the Legislature of Special Representatives.
(a)Each such Legislature of Special Representatives may also propose and pass
any law, order, and resolution, by a simple majority vote.
(b)There will be one Special Representative for every county, parish, or similar
municipal subdivision of a State, Commonwealth, and Territory.
(c)Any citizen of a State, Commonwealth, and Territory, age 18 and older, may
serve as a Special Representative in the Legislature of Special Representatives in their State, Commonwealth, and Territory. Any citizen of that State, Commonwealth, and Territory, age 18 an older, without further qualifications, may vote for such Special Representatives.
(d) Whenever 1/25th of the voters of each Representative in the Legislature of Special Representatives calls for a recall, by petition, of that Representative, such election will be held in the place of election of that Representative.
(e) And, whenever 1/50th of the all the People of the that State, Commonwealth, and Territory calls, by petition, for a recall of the whole of the Legislature of Special Representatives, there will be held an election for that purpose.
(3) We Secure and Establish a Council of Special Representatives, in every municipality chartered by the United States, and by each State, Commonwealth, and Territory, of the United States.
Each Council of Special Representatives has full veto power, without review by any other body of government, over all ordinances, regulations, resolutions, or any other act of that municipality, including any and all councils or similar assemblies, courts and police agencies, and includes all agencies, administrations, and all other offices of each municipality. This power will be exercised by both the Special Representatives as a whole, or by any one of it's members. If any one member exercises such veto power, it must be reviewed and upheld within at least 90 days after such veto, by the whole of the Council of Special Representatives.
(a) Each Council of Special Representatives may propose and pass any ordinance,
regulation, resolution, or any other act of that Council, by a simple majority vote.
(b) For every Municipality in the United States with a population of 10,000,000 and greater, there will be 100 Special Representatives.
(c) For every Municipality in the United States with a population of 1,000,000 to 10,000,000, there will be 50 Special Representatives.
(d) For every Municipality in the United States with a population of 100,000 to 1,000,000, there will be 20 Special Representatives.
(e) For every Municipality in the United States with a population of 50,000 to 100,000, there will be 15 Special Representatives.
(f) For every Municipality in the United States with a population less than or equal to 50,000, there will be 10 Special Representatives.
(g) Each and every citizen of every municipality, age 18 and older, without further
qualifications, can be elected a member of the Council of Special Representatives for that municipality. Each and every citizen age 18 and older, can vote for a Special Representative of that municipality.
(h) Whenever 1/50th of the voters of each Representative in the Council of Special
Representatives calls for a recall, by petition, of that Representative, such election will be held in the place of election of that Representative.
(i) And, whenever 1/100th of the all the People of a municipality calls, by petition,
for a recall of the whole of the Council of Special Representatives, there will be held an election for that purpose.
(4) All other forms of local government not chartered by either the United States,
or by a State, Commonwealth, or Territory, is expressly forbidden. These include,
but do not exclude other forms, such forms as "gated communities", "home-owner's associations", and applies to all forms of such associations in "public housing".
This does not forbid "voluntary" associations among private groups of home-owners nor of dwellers of public housing, but it does forbid them from enforcing the "rule of law". Power to Enforce the "rule of law" is delegated 'only' to the United States, or reserved to a State, Commonwealth, or Territory of the United States.
CONSTITUTIONAL CONVENTIONS
SECTION 3. We Secure and Establish permanent Constitutional Conventions for the United States of America.
(1) We Secure and Establish a National Constitutional Convention of the People of the United States.
(a) The Convention will meet for the first time within 90 days after adoption
Of this amendment. Thereafter the National Convention will meet in any year, but not less than once in every eight years.
(b) The National Convention will meet to discuss, and debate any question
In order to alter, abolish, or to amend any part of the Constitution of the
United States.
(c) A National Convention will also be convened when 1/25th of the People of the United States call for such a convention by petition.
(d) The People of every State, Commonwealth, and Territory, of the United States will elect one delegate to the National Convention, by a simple majority vote. Any citizen of the United States, in any State, Commonwealth, or Territory of the United States, age 18 and older, without further qualifications, can serve as a delegate for the State, Commonwealth, or Territory in which the citizen resides.
(e) Any citizen of the United States, in any State, Commonwealth, or Territory age 18 and older, without any further qualifications, can vote for a delegate to the National Convention
(2) We Secure and Establish a Constitutional Convention , for each State, Commonwealth, and Territory of the United States.
(a) Each Convention in every State, Commonwealth, and Territory, will meet for the first time within 90 days after adoption
Of this amendment. Thereafter the State, Commonwealth, and Territorial Conventions will meet in any year, but not less than once in every eight years.
(b) The State, Commonwealth, and Territorial Conventions will meet to discuss, and debate any question in order to alter, abolish, or to amend any part of the Constitution of each State, Commonwealth, and Territory of the United States.
(c) A State, Commonwealth, and Territorial Convention will also be convened when 1/50th of the People of the State, Commonwealth, and Territory call for such a convention by petition.
(d) The People of every State, Commonwealth, and Territory, of the United States will elect one delegate for every county, parish, or similar municipality, to their Convention, by a simple majority vote. Any citizen of any State, Commonwealth, or Territory of the United States, age 18 and older, without further qualifications, can serve as a delegate for the State, Commonwealth, or Territorial Convention in which the citizen resides.
(e) Any citizen of any State, Commonwealth, or Territory age 18 and older, without any further qualifications, can vote for a delegate to the State, Commonwealth, and Territorial Convention.
(3) We Secure and Establish a Municipal Charter Convention of the People in each municipality of the United States.