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Sunday, January 29, 2012

Proposed Constitution of The United European Union

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The text below is a copy of the original Constitution of the United European Union. If the European Union decides to adopt it, it must be adopted as it is written in its entirety. The European Union and every country in Europe is welcome to join the United European Union. Uniting together to create the world's first "true democracy" is the only way that the European Union can survive. Every country of the present European Union, every candidate country, and every non-EU country that is in Europe is invited to join me in creating a true democracy.

 The Constitution of the United European Union

The Constitution of the United European Union
We, the citizens of the United European Union, assemble ourselves to create a new democracy, a true democracy that protects the individual rights of every citizen of the country.
In this time of mankind, that we find ourselves in, we see that it is more profitable to our spirits and to those of our neighbors, to work hand in hand with one another, for the benefit of all creation.
Article I. Rights.
Among these rights are liberty, life, freedom of speech without government interference or obstruction of any kind, freedom of religion, freedom to openly express their religious beliefs;
freedom from tyranny imposed upon them by their government, economic freedom from financial tyranny imposed at the hand of any person or government (that among these rights are: the right to buy and sell, the right to barter, the right to be free from excessive usury fees (above 10%), the right to purchase and sell real estate without interference or obstruction by any government agency or authority lest it be taken as a seizure in part (whereby, the owner in possession must be doubly compensated for the properties’ value which can only be set by a jury of the property owner’s peers, the right to sue and be sued, the right to a fair and just wage, the right to a safe workplace, the right to be free from excessive prices for basic amenities such as: food, shelter, home heating fuels, clothing, transportation fees and fuels, communication services, medical expenses, insurance fees, and banking fees); and the right to buy and sell interest in any company or corporation, at an agreed upon price between the buyer and the seller;
freedom to peacefully assemble, the right to keep and bear arms for their personal defense and the defense against tyranny, and the freedom to seek redress from the government by any peaceful means, and the right of privacy;
the right from unreasonable search or seizure of their persons, their homes, papers, effects, vehicles or their property of any kind without probable cause and without a warrant describing the persons, place, or property to be searched or seized and the sworn affidavit upon which the warrant was issued must be affirmed by a court of common jurisprudence, wherein in may be challenged, the right to a fair trial, the right to counsel at every point of criminal legal jeopardy;
Furthermore, no citizen shall be held to answer for a criminal offense without indictment by a Grande Jury of their peers including members of the armed forces. No person shall be tried for the same offense, or be forced to provide oral or written evidence against themselves by any means, or be deprived of their liberty, life, or any kind of property without due process of the laws of this union. No property may be taken by the state by any means without double compensation of the “fair price of that property.” No proceeding for eminent domain shall be held without the presence of a jury of the peers of the property holder who will be the sole judges of the value of the property.
All non-criminal offenses (those with incarceration of a period less than six months) shall be dealt with administratively by area Magistrates whose term shall be no longer than six years during their lifetime.
In all criminal cases the accused person(s) shall have the right of an impartial and speedy trial held in the area where the crime was alleged to have been committed, to be served the indictment against them, to have an attorney appointed to represent them, to hear the testimony from the witnesses’ mouths, to subpoena witnesses for their defense, and to one timely appeal at the expense of the union.
In lawsuits involving amounts in excess of $1,000 Euros, the right to a trial by jury shall be preserved. Every fact tried by a jury may be appealed to a higher court if any of the rights mentioned in this document have been abused by the court. Said
higher court must then retry the case as an original case before the court if prejudice or a violation of the aforementioned rights is found to have taken place.
The privilege of the Writ of Habeas Corpus shall not be suspended unless public safety may require it. No bill of attainder or ex post facto law shall be passed.
In criminal cases, bail shall not exceed ten times the damage caused by the crime. Excessive fines shall not be imposed nor emotional, mental, physical, or psychological punishments be inflicted once the criminal is in custody. No prisoner may be tortured to gain testimony against themselves or others by any means.
The inclusion of any right or privilege by this document shall not interfere or obstruct any other right given to the citizens of the United European Union; however, the rights given in this document may not be taken away by judicial or legislative means or modified by any other means than a majority popular vote of the citizens of this union.
A person charged with a felony who flees from justice, will be bound over to the federal courts for return back to the state where the offense was committed in order that justice may be done for both the victim and the accused criminal.
The judicial powers of the United European Union shall not obstruct any citizen from commencing litigation against any state
or citizen of any state, or by citizens or subjects of any foreign country. Each state may initiate litigation against its citizens, and each citizen may initiate litigation against any state or citizen to obtain redress or property or any violation of any right or liberty herein included.
There shall be no involuntary servitude, even for criminals, as our Union’s moral laws are held to a higher standard, that every person shall be free from tyranny, and excessive punishment by the courts. The punishment issued by the court shall fit the crime. Leniency of the sentence or fine shall not be predetermined by the prosecutor in any prior arrangement with the judicial authority of the court.
No state shall make or enforce any law which would interfere with any of the rights provided to the citizens by this document, or deny any person the right of equal protection under the laws and rights afforded by this document.
Article II. Elections.
Each citizen having attained the age of eighteen years of age may vote in any election and may hold any office including judicial, and Parliamentary representative, except the office of the Presidency and the Vice Presidency whose election requires the office holder to have attained the age of twenty-five years of age. The election days for all political and judicial offices will be set on the first weekend of February, thus allowing for every citizen to cast their vote over the two days period.
The votes for all offices in the United European Union shall be counted, and the winner of a majority of the votes shall take office within thirty days of the election date.
Every elected official shall be subject to a recall vote by the citizens who shall retain this right to remedy their errors in human judgment. This right may only be taken away by a majority vote of the citizens of the United European Union.
Article III. Duties and Conduct of the Legislative Branch.
All legislative authority granted by this founding document shall be vested a representative Parliament subject to the will of the citizens of the United European Union. Representatives of Parliament shall be appointed to each state dependent upon the population of each state to make and pass laws, except any law that will infringe upon any of the rights or liberties provided in this document.
Each present state, candidate state, and any future states added after the ratification of this constitution, shall be represented by nine representatives of Parliament.The Parliament will meet the eleventh day of March every year and shall remain in session until an annual budget is passed.
Said representatives of Parliament shall not be less than eighteen years of age.
The term of each duly elected representative shall be six calendar years from the date of their being sworn into office. Said representatives may serve a maximum of two terms (twelve years) during their lifetime in order to avoid corruption of the office.
Said representative of Parliament may be removed from their office by a recall vote of a majority of voters in their appointed district. Said recall shall not be subject to an appeal to any court of the Union.
The representatives will be required to resign their office thirty days from the date of any finding of guilt of any felony offense by in any court. The required resignation shall not be stayed by an appeal to any court in the Union, excepting the Supreme Court, who shall issue a finding within ten days of the appeal. Said appeal will not extend the thirty day requirement for resignation if a finding of guilt is upheld by the court.
The representatives will hold the right to impeach the President or Prime Minister, the Vice President or Assistant Prime Minister, and any Federal Judge including every member of the Supreme Court if of any felony offense.
The Parliament must have a quorum present to conduct business. The Parliament may set such rules and administrative requirements to insure proper conduct and decorum of its members. The Parliament may set such rules as to its own procedures. Parliament, by a majority vote of its members may expel a member.
Representatives of Parliament shall be compensated for their services at the rate of $100,000 Euros per year with an annual increase of (2) percent plus inflation. Such increase may be suspended by Parliament by a majority vote of the representatives.
A Representative of Parliament may be arrested just as any ordinary citizen, for any offense. However, they may not be arrested in the course of a meeting of the Parliament, but said arrest shall be permitted after the day’s adjournment.
Parliament shall have exclusive authority to legislate and collect taxes, duties, imports and excises, to pay the debts and provide for the common defense and benefit of the United European Union. No individual state may impose such duty, import tax, or excise without the express permission of the treasury. All such collected monies shall be deposited into the treasury of the United European Union. Every duty, import tax, and excise shall be uniform in every part of the Union.
Parliament shall regulate commerce with foreign Nations, and among the several states. To establish a uniform rule of immigration and naturalization, and uniform laws on the subject of bankruptcies throughout the United European Union,
coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures, provide for the punishment of counterfeiting the securities and current coin of the United European Union, and to establish Post Offices.
Parliament shall : promote the progress of science and useful arts, by protecting the copyrights of intellectual property; to establish courts inferior to the Supreme Court;
define and punish piracies and felonies committed on the high Seas, and offences against the law of nations, declare war, grant letters of reprisal, and make rules concerning captures on land and water;
raise and support Armies, but no appropriation of money to that use shall be for a longer term than one calendar year, provide and maintain a navy, make rules for the government and regulation of the land and naval forces and to provide for the suppression of insurrections and repel invasions;
exercise exclusive legislation in all cases whatsoever, over such Government District (not exceeding twenty square miles as may, by cession of particular states, and the acceptance of Parliament, become the Seat of the Government of the United European Union, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of military bases, dock-yards, and other needed buildings, and make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other authority vested by this Constitution in the government of the United European Union, or in any department or officer thereof.
Every Bill which shall have passed the Parliament, shall, before it becomes a law, be presented to the President of the United European Union. If the president approves it the president shall sign it, but if not they shall veto it. If the Parliament
reconsiders the bill and passes it by a majority vote, the bill will become law. A vote of the yeas and nays will be determined and the names of those voting said yeas and nays will be recorded. If any legislation shall not be acted upon by the president with fourteen calendar days after its receipt, it shall become law, unless an adjournment of Parliament made it impossible to return. In such case, the time will extend, and be taken up at its place of leaving on their first new day of business.
No appointments to any government office shall be made by the president during the time that Parliament is adjourned or without their approval at any other time.
Every Order, Resolution, or Vote to which the Concurrence of the Parliament may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by the president, or being disapproved by the president, shall be passed by a majority of the representatives of Parliament, according to the rules and limitations prescribed in the case of a bill. Parliament shall have the power necessary to make rules and regulations concerning all property owned by the United European Union.
Article IV. Executive Branch of the Government.
Leadership. The President and the Vice President of the Union shall be elected by a majority vote of the citizens. The term of each office shall be for six years. Each office may be held for two non-consecutive terms in the lifetime of the elected official. The president and vice president must be natural born citizens of the United European Union, and produce legal documented proof of said citizenship to the Secretary of Parliament (who shall verify the authenticity of such citizenship documents prior to the president swearing or affirming the oath of office.
The president and vice- president shall be compensated at a rate of $150,000 per year plus a (2) percent annual increase plus inflation.
The President and Vice President must resign their office thirty days after they are found guilty of any felony offense in any court or as a result of impeachment by the Parliament. The required resignation shall not be stayed by an appeal to any court in the Union, excepting the Supreme Court, who shall issue a finding within ten days of the appeal. Said appeal will not extend the thirty day requirement for resignation if a finding of guilt is upheld by the court. The President and the Vice President may be removed from office by a majority recall vote of the citizens of the Union. Said removal from office will occur thirty days from the date of the recall vote by the citizens of the Union.
The president and Vice- president shall both take an oath of office that they will execute their respective offices to the best of their ability, and preserve, protect, and defend the Constitution of the United European Union.
The office of President and Vice President shall be filled by separate ballots to avoid corruption of the office of the presidency.
If the president dies in term, he shall be replaced by the Vice President, who shall be replaced by the president of the Parliament. If a citizen that has been elected as president dies before taking office, a new election will be held within thirty days of said death, thus maintaining the sole right of the citizens to choose their leader. If a president dies in office, the vice president shall succeed him for a period of six months whereupon, an election to elect a president of the Union. If the vice president dies in office, the president of the Parliament shall fulfill their term of office.
If the president is unable to fulfill his obligations of the office due to physical or mental capacity, they shall be replaced by the Vice President for the balance of their term, unless such physical or mental capacity is remedied. If such physical or mental capacity is remedied, the president will retake the office for the duration of their term. The president shall be required to give notice to the citizens the state of the union twice annually. He shall receive ambassadors and other public ministers. He shall insure that the laws be faithfully executed, and shall commission all the officers of the United European Union.
The President shall be Commander in Chief of the military of the United European Union, they 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 authority to grant reprieves and pardons for offences against the United European Union, except in cases of impeachment.
The president shall have authority, by and with the advice and consent of the Parliament, to make treaties, provided a majority of the representatives present concur; and he shall nominate, and by and with the advice and consent of the Parliament, shall appoint ambassadors, other ministers and consuls judges of the Supreme Court, and all other officers of the United European Union, whose appointments are not herein otherwise provided for, and which shall be established by Law: but the Parliament may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. Said appointments and treaties shall require a majority vote of the Parliament. Article V. Judicial Branch.
There shall be a system of courts wherein The Supreme Court may decide issues of constitutional matters and appeals from lower courts. The courts are not afforded the right to create or make law by their decisions as such is the exclusive right of the Representatives of the people of the Union. Each justice of the Supreme Court and any Federal Court of Appeals or of any United European Union District shall have a set term of twelve years in totality during their lifetime in order to prevent corruption of the bench.
The Courts of Appeals and District Courts may also hear constitutional cases, appeals from other courts, and original cases involving rights, liberties, and property. Each justice and Federal court judge and magistrate will resign their respective office thirty days after a finding of guilt of a felony offense in any court. The required resignation shall not be stayed by an appeal to any court in the Union, excepting the Supreme Court, who shall issue a finding within ten days of the appeal. Said appeal will not extend the thirty day requirement for resignation if a finding of guilt is upheld by the court.
The judicial authority shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United European Union, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors and representatives of other nations, to all cases of admiralty and maritime jurisdiction; to any controversy to which the United European Union shall be 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, and between a state, or the citizens thereof, and foreign states, or citizens.
The judicial authority of the United European Union shall be granted to one Supreme Court, as well as regional federal courts and state located throughout the Union as Parliament shall require. The number of said courts shall be based on the increase or decrease in a region’s population, but shall not be less than one regional federal court in every state. The judges shall be compensated during the tenure of impartial adjudication of cases.
In all cases affecting ambassadors from other countries, 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 Congress shall make.
No member of any legislative body, administrative office, cabinet office, or judicial office may accept gifts, contributions, or amenities of any kind from any legal person or their representatives by any means, whether directly or indirectly. The acceptance of said payment shall subject said person to an immediate recall election by the populous of their respective citizens who voted them into office. Such is necessary to prevent the corruption of these high offices which are privileges granted to them by their fellow citizens. No government official or their employees shall be excluded from any of these rights and liberties or from any part of the enforcement of the rights or from any laws of the Union may be passed in the future. Representatives of Parliament, and every member of the state legislatures, and all executive and judicial officers, both of the United European Union and of the states, shall be bound by oath or affirmation, to support this Constitution of the United European Union.
Article VI. Monetary Policy of the Union.
The Treasury of the United European Union will have complete control of the monetary policy and the economic future of the United European Union and is hereby afforded the authority to issue Eurobonds on behalf of the Union to satisfy all public debts of the union. The Treasury will be the sole issuer of currency, in any denomination, and the sole issuer of public debt issued on behalf of the United European Union. All debts contracted by any states of the United European Union, before the adoption of this Constitution, shall be as valid against the United European Union as consolidated debts of the union and shall be assumed by the United European Union The public debt must be paid in a timely manner to afford for the “Economic Stability of the Union.” No member state shall have a deficit in excess of their respective income to their state in excess of one year. The budget of the Union must be economically stable and balanced.
The Parliament shall have the obligation to lay and collect taxes on all income, at a flat rate of twelve (12) percent, without regard to any census or enumeration.
No money shall be drawn from the Treasury unless appropriated by law. A copy of the annual budget of the United European Union shall be published annually and provided at cost to every citizen upon request.
The drafter of this document, and all parts of it, shall be duly compensated at the rate of ¼ Euro or other equal economic unit of monetary value as the author shall demand, and said value shall be paid to the drafter, on a per copy basis for the period of 100 years from the date of its obtaining its first signature upon it, or upon the use or adaptation of any part of it in any other document, by any person or entity. Said monies shall be paid without taxes due to the drafter/author, or his heirs for said length of time, for such is his economic right.
The drafter (author) of this document Mark Randolph Winkle, shall be named as a naturalized citizen of the United European Union with joint citizenship between the United European Union and the United States of America. There shall be no titles or payments of any kind to any person of present privilege affording them a stature above any other citizen of the Union.
No tax or duty shall be laid on articles exported from any state. No Preference shall be given by any regulation of commerce or revenue to any port over another. No state may charge duties or import taxes on vessels bound to, or from one state to another.
Parliament shall have the authority to borrow on behalf of the United European Union in order that its debts and encumbrances will be met.
Article VI. Enforcement.
This Constitution, and the laws of the United European Union made in reference to and in compliance with its requirements, and all treaties made, or which shall be made, under the authority of the United European Union, shall be the law of the land; and the judges in every state shall be bound by them, unless they are in conflict with this Constitution of the United European Union. Article VII. Amendments.
The citizens of the United European Union shall propose amendments to this constitution by obtaining the valid signatures (written or electronic) of ten percent of the adult population of the Union. Upon such verified obtainment of the required signatures a ballot will be placed before the citizens of the United European Union at the next annual election. A majority vote in favor of the amendment is required for passage. Parliament may also elect to propose amendments to this constitution. Said proposed amendments will be subject to a majority vote of the citizens of the United European Union.
The United European Union shall guarantee to every State in this Union these rights and liberties and shall protect each of them against invasion and from internal violence.
Additional states will be admitted by Parliament into the United European Union, by a majority vote of the citizens of the state or country seeking admission, and by the signing of this document by their duly appointed representatives.
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other State. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. Article VIII. Treason.
Treason against the United European Union shall consist only in levying War against them or by providing aid to an enemy of the Union. A person shall not be found guilty of treason unless it was committed with malice and forethought in the presence of two or more sworn witnesses.
Article IX. State’s Rights.
Any rights not stated herein previously shall revert back to and be vested in the states of the United European Union and shall be solely under their authority. Such rights may only be reclaimed or modified by an amendment of this document by the means stated herein.
Article X.. Declaration.
We, the citizens, hold these truths and liberties to be applicable to every citizen regardless of their race, color, gender, or creed, holding none to be above another. In this way, all of mankind, having come from one creator, and placed on this earth to do the bidding of our creator, do hereby pledge ourselves one to another, and to our God, for the common good of all mankind. Let us be worthy of our task. It is upon our shoulders, that none shall fall prey to the many vices of tyranny that would bind a man to another, nor to the vices that would cause turmoil between one another. We endeavor to assist one another, in their time of need, that no person should suffer needlessly, not starve as a result of freedoms withheld from them. Their thirst for such freedoms as any person would so desire, will be freely quenched by every citizen for one another without demand or charge of any kind. For such, is the meaning of a “true democracy” pursuant to the words in this founding document of a new nation.
The ratification of this document, The Constitution of the United European Union, by fifteen states, shall be sufficient for the establishment of this Constitution between the States in their totality including the votes of all candidate states presently seeking inclusion into the United European Union.
We, the constitutional representatives of the member states of the United European Union, do hereby affix our signatures, thereby binding our citizens, our nations, and our hearts in the name of liberty and freedom from tyranny of any kind.
Signed: Sign your name and representative’s country and date. ____________________________________________________________________
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This document, until ratified is the sole property of Mark R. Winkle, © 2012 Winkle Publishing, United States of America. All Rights Reserved. It may be distributed for educational purposes only. If enacted into law by ratification in part or in whole by the United European Union, or by the European Union, the copyright will be transferred to the United European Union for a negotiated sum.
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