From: Jim Choate <ravage@EINSTEIN.ssz.com>
Date: Sun, 25 Oct 1998 01:59:14 +0800
To: cypherpunks@EINSTEIN.ssz.com (Cypherpunks Distributed Remailer)
Subject: An amendment proposal...
Message-ID: <199810241750.MAA16681@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text



                                 ARTICLE

Preamble.   This amendment to the Constitution of the United States is
            intended to address interpretational issues of the same.
            Should it not pass within seven (7) years from consideration
            then it shall be deemed removed.

Section 1.  We the people re-affirm our role as the sole fundamental
            authority in the United States of America. All other political,
            civil, criminal, and legislative authority derives from it.
            Re-affirming the integrity and respect due the 9th and 10th
            Amendments. And further clearly affirm the equality of the
            federal & state governmental bodies with that of the people.
            There is no heirarchy of authority between the three. We
            further clearly stipulate that any right of the people is
            to be fully and honorably respected to the individual.

Section 2.  We the people re-affirm the supreme authority of the
            Constitution over all courts and rulings thereof, including
            the Supreme Court of the United States of America. As directed
            by the 9th Amendment, no case brought before a judicial body
            may be based on whether a citizen has a right not described
            in the Constitution. And further, as required by the 10th
            Amendment, all legislative and regulatory rulings shall be
            delegated by at least one sentence in the Constitution, without
            exception. When making consideration of such Constitutional
            support the Constitution must be considered point by point and
            as a whole.

Section 3.  The exact nature of the 1st. Amendment and Congressional
            authority has been brought into consideration. The 1st Amendment
            coupled with the 9th and 10th Amendments clearly stipulate that
            these issues are resolved at the state or individual level. All
            current and future legislation must respect these, and other,
            prohibitions in the Constitution of the United States of
            America in full and without exception.

Section 4.  The exact nature of the 2nd. Amendment and Congressional authority
            has been brought into consideration. The 2nd Amendment prohibits
            any law, not just Congress as in the 1st, from prohibiting the
            ownership of firearms to the people. This does not mean that
            both private and public agents may not regulate the carrying
            and use of such weapons within their authoritative bounds. It
            is to be further clarified that no national requirement for
            registration or licensing is permitted. States may license
            within the bounds of their individual constitutions.

Section 5.  To clarify the reporting requirements of the national budget it
            is directed that such reports be made in full and in public
            every 20 years from the date of this amendment going into force.
            The original wording is not sufficiently clear to enforce the
            fiscal responsibilities of our elected officials. No federal
            agency or agent thereof is exempt from this reporting
            requirement.

Section 6.  The concept of individual privacy is hereby clearly recognized
            as being held by all peoples. No agency of any civil, legal,
            military, or executive authority may infringe this right without
            just cause. This right shall include all communications,
            writings, storage media, and other technologies used in the
            creation, execution, and storage. No authority within the
            United States of America may prohibit the publishing of any
            document or other media. The rights of ownership and copyright
            shall be respected to the legal holder.

Section 7.  While there is clearly a need for secrecy of governmental
            workings to protect the national interest, there is no need in
            a democracy to have this be carried indefinitely. It is to be
            directed that all materials held in any form or manner by
            the federal government or its agents shall be released in full
            to public scrutiny via the Library of Congress. These documents
            shall be required to be released 20 years after their initial
            creation. In some cases Congress may feel it necessary to extend
            this time limit. In whatever case Congress may not extend that
            lifetime in secrecy past 100 years from intial creation of the
            material.

Section 8.  A clarification of copyright. While it is clear that the
            author of a work should derive a period of just compensation
            from being a sole rights holder that requirement should not
            extend indefinitely. Congress is directed to decide on a just
            suitable time period for sole rights expression. At the end
            of that time all sole rights become public domain. The long term
            public good demands it.

Section 9.  Abortion is a social issue of which we recognize no clear
            solution without repressing some civil liberties. Since we
            are prohibited in principle and print from such actions we
            must decline authority in these issues. Per the 10th Amendment
            we recognize the supremacy of the state constitutions and
            legislative bodies in this matter. However the individual
            states may decide the issue the federal government will provide
            full support and protection to each from violent oppossition
            from within or without the individual states.

Section 10. The federal government is required to guarantee representative
            governments in all states. This does not include requiring any
            particular form or function within those states representative
            governments, only that they be representative. The federal
            government may not withhold federal services or resources of
            which state derived tax dollars are involved even if a state
            is in direct violation of federal laws and regulations.

Section 11. The use of military forces or its resources in and for civilian
            law enforcement operations within the borders of the United
            States of America, and its territories and protectorates is
            prohibited. This prohibition is specificly to include in times
            of war or civil unrest. The only permissible use of such forces
            is in disaster recovery and in those cases they are released to
            state control. The only Constitutionaly authorized force for
            insurrection and civil unrest is the Militia. It is permitted
            to transfer a unit from the regular military to the militia.
            Such a transfer requires all lines of authority and
            responsibility to derive from the militia. Such a move must
            be authorized by Congress except in times of war where such
            authorization is considered implicit.

Section 12. Membership in the military, law enforcement, or other civil
            position is sufficient for the infringment of any civil
            liberties. Democracies don't give up democracy to protect
            democracy.

Section 13. Public law enforcement agents are prohibited from unnecessarily
            putting the people in danger. This shall include actions or
            rulings which put the people in danger. We further stipulate
            that the police are to be held accountable for their actions
            which result in negligent or criminal consequences. The concept
            of civil or legal agents being exempt from consequences because
            of office are repudiated. The people who swear an oath to uphold
            the laws of this land are not exempt in any situation from
            those laws.


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       To know what is right and not to do it is the worst cowardice.

                                                     Confucius

       The Armadillo Group       ,::////;::-.          James Choate
       Austin, Tx               /:'///// ``::>/|/      ravage@ssz.com
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