Wednesday, March 16, 2011

Re: Wringing-the-Neck of Empty Ritual.

Folks: I've now presented over 50% of my New Constitution. That,
plus the following, should give you a good idea of the love and
devotion I've put into this long project. My efforts, aided by
computer, exceed the combined total time spent by the actual
contributers to writing the original Constitution by a factor of ten.
At each step, I asked myself what the Founding Fathers would say. I'd
bet they are happy people!

"Article VI:

Section 1, 2, 3, 4 & 5: Laws in effect at the time of the adoption of
this New Constitution shall remain in effect while such are
systematically reviewed, debated and revoted in the House. Whether
for the revoting of existing laws and regulations or for new bills,
early and conspicuous public notice in the media shall invite Public
input. Bills passing without broad and substantiated Public input,
especially by those law-abiding Citizens most affected by the
legislation, shall not become laws. The House shall make new laws and
define procedures for implementing this New Constitution. Federal
functions to be returned to local or state governments shall be phased
out gradually and considerately for those to be displaced or relo-
cated. Under this New Constitution the future state taxes of Citizens
or businesses, typically, shall not exceed their com-bined former
total of state and federal taxes. At any level of services provided,
streamlining government and minimizing bureaucracy via wise laws shall
always be primary goals.
Local, state and federal law enforcement, the courts, or any
branch or branches of the military or their respective parts shall at
no time be used in support of corruption in government by any public
official(s) at any level. Legal authority of law enforcement or the
courts over the Citizens is voided if used in support of corruption.
Local, state and federal law en-forcement agencies shall not be
organizationally affiliated, and persons or groups, therein, shall not
be presumed by law enforcement to be acting lawfully solely because of
such auspices.
All local, state and federal officer holders and employees—upon
taking office or assuming employment—shall take the following oath:
"I, (Name), promise to serve and be deferential to the People, and to
be unbiased toward any group with a pro democracy, pro fairness
ideology. I swear to honor and uphold the full civil rights of the
citizens, as guaranteed by the Constitution, and I shall expect my
coworkers and superiors to do the same. I understand that my
employment in or by government is conditional upon my adherence to
this oath." No employee nor office holder shall be sanctioned for
making complaints against another office holder, employee or
superior. No government employee nor office holder shall be coerced
into wrongdoing, immoral action or non action, or illegality by a real
or implied threat of the loss of one's job, promotion or benefits, nor
by any bribe or promise of promotion or benefits. Making such a
threat, bribe or promise is a felony carrying a minimum ten year
prison sentence—and if part of a pattern—making such threats, bribes
or promises is treason. Acqui-escing to such is a felony. Government
officials, agents or employees who become aware of corruption in
government or in any of its departments shall notify the Executive
Branch and the courts; willful failure to do so is a felony. With
impunity, a government officer(s) or employee(s) shall enforce no law
nor perform any order or directive which violates their personal moral
conscience or their oath.
Local governments shall have 10 or more councilmen or a direct
vote of the People is required to pass ordinances or raise taxes.
Upon request by the Executive or 1/5 of the larger governing body,
federal, state or local law making authority shall defer to the People
on controversial issues where the Will of the People is in doubt. No
law nor previous or subsequent vote on any issue shall usurp the right
of an informed Public to decide controversial issues in direct
referenda; the vote for passage shall be 60%. The apt macro-Will of
the People in elections or referenda, as manifested by their votes,
shall take precedence over any contrary existing or subsequent law,
governmental hierarchy or judicial ruling. Because conditions change,
older laws aren't necessarily the Will of the People.
Laws shall be concise and well defined. If—due to brevity,
simplicity or lack of foresight, etc.—such laws have consequences
outside the intended or implied scope, for justice and expediency, a
judge may decree rightful, specific exceptions without new
legislation. Only laws, rules, regulations and procedures that are in
the best interest of the People and the world environment shall be
passed, enacted or enforced, and no business contrary to such shall be
allowed to prosper. No business, organization nor alliance shall use
their auspices to sway the House for selfish gain. No business shall
exist that uses computer invasion to coerce sales or to monitor others—
regardless of any disclaimer or pact. There shall be no
discrimination against any law-abiding Citizen, business or
organization due to arbitrary categorization. No public nor private
regulation shall require disclosure of a person's stand or vote on any
issue which might cause them discrimination. Laws shall respect the
People's diverse mores without setting arbitrary social standards. No
government shall criminalize behavior that the Public considers to be
innocuous, or is macro-typical, or where government isn't being
deferential to the Public; nor shall they: prosecute victimless crimes
other than gross reckless endangerment; restrict the freedoms of
Citizens through oppressive laws and procedures; enact laws too broad
in scope to address narrow issues; pass laws disallowing any
reasonable criminal defense, or solely at a bureau's request;
selectively or inequitably enforce any laws; impose unfair,
drastically different punishments due to one's sex, race, color, creed
or age; nor sentence someone differ-ently due to their having a prior
criminal record. An arresting officer may reverse such with impunity
at any time, regardless of the forms, procedures or processes begun.
The arrested person shall be freed and the record expunged. Agreeable
restitution to crime victims may, at their option, substitute for the
apt trial.

Section 6, 7, 8 & 9: Governments shall regulate no businesses nor
professions on the presumption that only governments have the best
interest of the Public at heart. Businesses or professions meeting
licensing standards germane to the type and scope of work such
perform, and being regularly apprised of substantive new developments,
may control their own work without governmental sanction, nor, once
licensed, being required to be other than self-trained to maintain
continuing competency for doing safe work within their chosen type.
Professionals qualified by training, testing and experience who
perform safe and acceptable work within an area of their competency
shall not be sanctioned for being unlicensed in another job class or
licensing jurisdiction—beyond fair registration cost. No more than
25% of regulatory board members shall have been employed in the
profession or industry regulated.
Businesses and professions shall be fair to their employees and
to their customers. The wages, benefits and perks, as well as the
charges that are made for goods and services, shall not be
discriminatory nor exploitive of any person, group nor class, nor
shall such be overly influenced by the profit motive of those who
perform no actual work on an ongoing basis. Fair and honest business
practices require that management be forthright with employees and
customers without coercion.
No person nor small group, within government or without, shall
have the power to limit a law-abiding Citizen from pressing charges or
suing—collectively, whenever possible—for any wrong doing to
themselves or on behalf of a close relative or significant other whose
mistreatment, injury or death, also, negatively impacts such party.
Articles, Sections and Amendments to this New Constitution—both
herein before and after—are immutable except by the People. The
original Constitution and previous or subsequent laws by local, state,
or federal governments shall not diminish this New Constitution or any
of its parts; nor shall any judge or justice diminish this document
through the interpretation of details, as such shall be subordinate to
the spirit of this document and to the absolute right and power of the
People to be contented with their leaders, their laws and with their
governments."

— John A. Armistead — Patriot

>
On Mar 13, 11:51 am, NoEinstein <noeinst...@bellsouth.net> wrote:
> Folks:  As closely as possible, following the outline of our original
> Constitution, is the attached Article from my New Constitution.:
>
> "Article V:
>
> Section 1, 2 & 3:  Whenever 50% of the House deems necessary, the
> House may propose amendments to the New Constitution, or call a
> convention for proposing amendments; such may be ratified in a one
> day, direct referendum of the People of all the states and
> territories, provided 60% of the registered voters who vote concur.
>      The New Constitution and laws and treaties made under the
> authority of the United States shall be the supreme law of the land,
> and judges in every state shall be bound thereby.  Nothing in a state
> constitution can be to the contrary.  Before taking a public office or
> job, representatives, members of the legislatures, all executive and
> judicial officers—of the United States and of the several states and
> local governments—and all employees of those who regularly deal with
> the Public, shall be bound by oath or affirmation to have read the
> entire New Constitution within the last 30 days and to support such.
> No religious oath or action shall be used as part of the qualification
> for any office, public trust or job.
>      To form more perfect government, the House may authorize tests of
> variations of government or laws that are, in the main, consistent
> with the intents of this New Constitution.  With the assent of 55% of
> the legislature or legislatures of the state(s) involved, such tests
> may encompass one or several states for a period of time sufficient to
> evaluate performance.  Subsequently, the House may vote to pass laws
> of national scope on the issues tested.  Conflicts arising from the
> test(s) shall be resolved in the courts using this New Constitution
> and apt federal laws, but with no intent at any time to punish those
> persons, groups or states for their involvement in the test, done for
> the common good."
>
> — John A. Armistead —  Patriot
>
> Those who are interested are invited to read my just-published book,
> "The Shortest Distance, Harmony Through Prosperity" (Amazon and B. &
> N.).  Thanks!
>
>
>
> On Mar 11, 10:22 am, NoEinstein <noeinst...@bellsouth.net> wrote:
>
>
>
>
>
>
>
> > Folks:  Some shallow, at Google or otherwise, changed the title of
> > this post to "… Empty Rhetoric" rather than "… Empty Ritual".  I was
> > unable to reply and to have the latter, correct name of my original
> > post be included.  That's important so all excerpts from my New
> > Constitution can be found under one heading.
>
> > Note:  The reason I used "… Empty Ritual" relates as much to religions
> > and social habits as it does to our government—which is more
> > interested in form and process than in getting results that will be
> > beneficial to the vast majority (60% plus) of Americans.
>
> > I am cutting, pasting and re posting the last two replies I made to
> > Keith in Koln.
>
> > Dear Keith in Koln:  I lived in Charlotte for over two decades.  My
> > father, in his childhood, lived in Tarpon Springs.  One of my most
> > frightening times was driving over the Tampa Bay bridge.  The
> > "starting point" for me in rewriting the constitution was to correct
> > the rampant injustices in our courts, and to allay our (You have to
> > experience it to know it.) police state.  As happened with O. J., the
> > police target who they want to convict whether they are guilty or
> > not.  The police are especially unfair to Blacks.  I make it a felony
> > for any prosecutor to be overly zealous to convict someone who is
> > latter proved to be innocent.  At every turn, justice demands that the
> > presumption of innocence be there throughout the trial until the jury
> > has reached a unanimous decision for guilt.  Never again will there be
> > the converse requirement for a unanimous decision of innocence...  ***
> > Only one of twelve jury members is required to find someone not
> > guilty.  The latter is exactly what the Founding Fathers intended!
>
> > I'm flattered that someone with a Law background, like you, has said
> > anything favorable about my essays or my daily battles with others.
> > Here is the entire Article III relating to the Justice System:
>
> > "Article III:
>
> > Section 1:  The lesser Judicial Branch consists of a Supreme Court and
> > such inferior courts as the House establishes.  Its major duty is to
> > interpret laws.  It has no power to command enforcement of any of its
> > rulings unless so mandated in prior, formally stipulated and apt
> > laws.  Judges and justices are technicians of the law and of this New
> > Constitution.  They shall perform their duties as individuals, never
> > as part of any perceived culture of the lesser Judicial Branch, nor
> > from any consultation whatsoever with past or present members of
> > such.  Additionally, they shall not have held state or federal
> > executive or legislative office.  The President shall nominate new
> > justices who are between the ages of 50 and 60 years old, and may on
> > good behavior, serve a single term of up to 10 years.  The President,
> > or his agents, shall not work to win the confirmation of any
> > nominee.   Judges and justices shall be selected for their intellect,
> > high moral character, compassion, knowledge of the law, likable
> > nature, and for their proficiency and expediency in office.  Such
> > shall not be aloft nor considered infallible in all their judgments,
> > yet shall be respected if they right injustices quickly.  They shall
> > make decisions based on apt laws and this New Constitution—never on
> > their personal ideologies.  Every two years an unbiased review panel
> > shall apprise the Citizens of the job performance grade, as herein, of
> > seated judges and justices.  With the assent of 60% of the voters
> > nationwide, the latter can be unseated.  Judges and justices aren't
> > royalty, nor do they have an implied moral judgment inherently
> > superior to public macro-consensus.   They shall not be chambered
> > lavishly, sit in throne-like chairs, wear robes on the job, nor dress
> > in a style that differentiates them from the People.  They shall not
> > socialize with, nor privately be in conference with, members of the
> > Executive or Legislative branches of government; nor shall they attend
> > State of the Union Addresses or similar events.  The Public shall not
> > stand for entering or exiting judges or justices who shall be
> > addressed only as: judge or justice.  Judges and justices not
> > respecting such provisions, or who exhibit excessive arrogance or
> > pomposity on the job shall be removed.  Sessions of all trials shall
> > begin with the judge(s) or justice(s) saying: "The justice system is
> > on trial."  All assent five-to-four Supreme Court decisions are for
> > one year only, or shall be invalid; and the same nine justices shall
> > not—on their own—reconsider such issue.  Courtrooms shall be devoid of
> > gavels, seals, flags and oppressive art, and no design feature nor
> > process shall imply that judges or justices represent government or
> > respond patly or collectively.  It is TREASON for a judge or justice
> > to rule with disfavor on the supremacy of a fair democracy.
>
> > Section 2 & 3:  Judges and justices shall be answerable to the
> > People.  On issues of internal criminality, misconduct or corruption
> > within any arm of government—including the entire judicial system—
> > judges and justices shall not, during a trial or during sentencing,
> > favor government officials, judges, justices, nor any arm(s) of law
> > enforcement, and shall hold government officials, fellow judges,
> > justices, or members of law enforcement as accountable for wrongful
> > acts as those outside of government.  If a judge or justice fails to
> > respond to a rightful petition or complaint against any government
> > official or member of the justice system, such judge or justice may be
> > guilty of a felony.  The determination of the above status shall be
> > made following a mandatory vote in the House.  Upon a yea vote of 1/3
> > of the House, a national public trial, televised from the House, shall
> > be held regarding all named parties—with judgment being determined via
> > referendum.  Whenever 60% of the registered voters who vote determine
> > that there is guilt, the government officials, judges, justices and/or
> > members of law enforcement shall be removed from their former
> > positions and sentenced commensurate with their crimes, up to and
> > including the death penalty.
> >      Judicial authority shall extend to all cases in law and equity
> > arising under this New Constitution, the laws of the United States,
> > 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 in
> > which the United States is a party, to controversies between two or
> > more states, between a state and Citizens of another state, between
> > Citizens of different states, between Citizens of the same state
> > claiming lands under grants of different states or the Citizens
> > thereof, and foreign states, Citizens or subjects.  The Supreme Court
> > shall have original jurisdiction in all cases affecting ambassadors
> > and consuls, and those in which a state is a party.  In all other
> > cases, the Supreme Court shall have appellate juris-diction both as to
> > law and to fact—with such exceptions and under such regulations as the
> > House shall make.  Except in cases of impeachment, the trial of all
> > crimes shall be by jury in the state where said crimes were allegedly
> > committed, or if otherwise, where the House directs.  Misdemeanors and
> > crimes occurring conjunctively shall be tried with the more serious
> > crime, unless the disproving of the misdemeanor would excuse the
> > crime.   If either occurred in multiple jurisdictions, the trial shall
>
> ...
>
> read more »

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