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Saturday, February 4, 2012

Proposed Amended Constitution of The United States of America

To the citizens of The United States of America, I hereby offer the follow Freedom from Tyranny Document:

I don't have it on video yet. I promise that it will be on my You Tube Channel in the next two weeks. Every good thing takes time.

So, here it is, download it, copy it, paste it, email it, twitter it, spread it around,
FREEDOM HAS COME TO TOWN!


The Constitution of the United States of America
(Proposed Amended Version)
We, the citizens of the United States of America, assemble ourselves to create a new democracy, a true democracy that protects the individual rights of every citizen of the nation.
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. While the intentions of our forefathers were right for the times that they lived in, the world has changed. We, as a nation, desire to be free from tyranny both from outside of our great nation and from within our great nation. 
We acknowledge the sacrifices our our ancestors and in our desire to maintain and increase the freedoms that they so proudly sacrificed their lives for, we boldly petition our fellow citizens, and our government to enact this amended Constitution into law before the end of this calendar year 2012. 
May my efforts to assist in the creation of a true democracy be pleasing to God almighty, and may my fellow Americans stand with me side by side to preserve and protect our nation for all eternity while our flag still waves. Amen.

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;
A person, shall be defined as a person, from the moment of conception.
Furthermore, neither Congress or any state government may pass any law requiring any citizen to purchase any commodity or product as such requirement limits the economic rights of the citizens.
No government agency may conduct surveillance of a citizen without obtaining a warrant from a federal court. Said warrant must state that the citizen is suspected of a crime. Surveillance of any citizen or group without said warrant from a federal court shall be a federal felony as it interferes with the rights of the citizen to be free from government invasion of their privacy.
Furthermore, no citizen shall be held to answer for a criminal offense without indictment by a Grand 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 nation. 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 nation.
In lawsuits involving amounts in excess of $5,000 Dollars, 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 under any circumstance as it is essential to a citizen's freedom to be free from unconstitutional 
arrest and prosecution at all times. 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 States of America; 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 nation.
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 States of America 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 nation’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 Congressional 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 States of America 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 States of America.
All candidates for office in the United States of America must be a naturally born citizen with both parents having been citizens of the United States prior to the birth of the candidate. Non-natural born citizens shall not be eligible for office in any state.

Article III. Duties and Conduct of the Legislative Branch.

All legislative authority granted by this founding document shall be vested a representative Congress subject to the will of the citizens of the United States of America. Representatives of Congress 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 state, shall be represented by one representatives of Congress for every one million people of population rounded up to the next million. The Congress will meet the eleventh day of March every year and shall remain in session until an annual budget is passed.
Said representatives of Congress 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 non-consecutive terms (twelve years) during their lifetime in order to avoid corruption of the office.
Said representative of Congress 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 nation.
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 nation, 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 the Vice President and any Federal Judge including every member of the Supreme Court if of any felony offense.
The Congress must have a quorum present to conduct business. The Congress may set such rules and administrative requirements to insure proper conduct and decorum of its members. The Congress may set such rules as to its own procedures. Congress, by a majority vote of its members may expel a member.
Representatives of Congress shall be compensated for their services at the rate of $100,000 dollars per year with an annual increase of (2) percent plus inflation. Such increase may be suspended by Congress by a majority vote of the representatives.
A Representative of Congress 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 Congress, but said arrest shall be permitted after the day’s adjournment.
Congress 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 States of America. 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 States of America. Every duty, import tax, and excise shall be uniform in every part of the nation.
Congress, nor its members shall be exempt of the application of, and enforcement of any act of legislation that is passed into law or is currently a law.
Congress 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 States of America, 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 States of America, and to establish Post Offices.
Congress 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 offenses 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 Congress, become the Seat of the Government of the United States of America, 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 States of America, or in any department or officer thereof.
Every Bill which shall have passed the Congress, shall, before it becomes a law, be presented to the President of the United States of America. If the president approves it the president shall sign it, but if not they shall veto it. If the Congress 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 Congress 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 or court shall be made by the president during the time that Congress is adjourned or without their approval at any other time. The President can not create agencies or appointments to agencies without the express authorization of Congress.
Every Order, Resolution, or Vote to which the Concurrence of the Congress 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 Congress, according to the rules and limitations prescribed in the case of a bill. Congress shall have the power necessary to make rules and regulations concerning all property owned by the United States of America.

Article IV. Executive Branch of the Government.
The President and the Vice President of the nation 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 States of America, and produce legal documented proof of said citizenship to the Secretary of Congress (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 Congress. The required resignation shall not be stayed by an appeal to any court in the nation, 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 nation. Said removal from office will occur thirty days from the date of the recall vote by the citizens of the nation.
The President may not declare war on any nation or its citizens without the approval of Congress, for such is an impeachable offense of treason which unduly causes harm to the nation and places the nation in the precarious possibility of being retaliated against.
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 States of America.
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 Congress. 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 nation. If the vice president dies in office, the president of the Congress 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 nation 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 States of America.
The President shall be Commander in Chief of the military of the United States of America, 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 offenses against the United States of America, except in cases of impeachment.
The president shall have authority, by and with the advice and consent of the Congress, 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 Congress, shall appoint ambassadors, other ministers and consuls judges of the Supreme Court, and all other officers of the United States of America, whose appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress 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 Congress.

 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 nation. Each justice of the Supreme Court and any Federal Court of Appeals or of any United States of America 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 nation, 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 States of America, 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 States of America 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 States of America shall be granted to one Supreme Court, as well as regional federal courts and state located throughout the nation as Congress 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 nation may be passed in the future. Representatives of Congress, and every member of the state legislatures, and all executive and judicial officers, both of the United States of America and of the states, shall be bound by oath or affirmation, to support this Constitution of the United States of America.

Article VI. Monetary Policy of the nation.
The Treasury of the United States of America will have complete control of the monetary policy and the economic future of the United States of America and is hereby afforded the authority to issue Treasury bonds on behalf of the nation to satisfy all public debts of the nation. 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 States of America. All debts contracted by any states of the United States of America, before the adoption of this Constitution, shall be as valid against the United States of America as consolidated debts of the nation and shall be assumed by the United States of America The public debt must be paid in a timely manner to afford for the “Economic Stability of the nation.” 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 nation must be economically stable and balanced.
All parts of the Federal budget, and every appropriation of funds from the United States Treasury must be disclosed and published in detail, and made available at cost to every citizen of the nation upon request.
The Congress shall have the obligation to lay and collect taxes on all income, at a minimum 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 States of America 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 1/10th dollar 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.
 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 nation.
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.
Congress shall have the authority to borrow on behalf of the United States of America in order that its debts and encumbrances will be met.

Article VI. Enforcement.
This Constitution, and the laws of the United States of America 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 States of America, 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 States of America.

 Article VII. Amendments.
The citizens of the United States of America shall propose amendments to this constitution by obtaining the valid signatures (written or electronic) of ten percent of the adult population of the nation. Upon such verified obtainment of the required signatures a ballot will be placed before the citizens of the United States of America at the next annual election. A majority vote in favor of the amendment is required for passage. Congress 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 States of America.
The United States of America shall guarantee to every State in this nation these rights and liberties and shall protect each of them against invasion and from internal violence.
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 States of America shall consist only in levying War against them or by providing aid to an enemy of the nation. 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 States of America 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 States of America, by thirty-eight 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 States of America.
We, the constitutional representatives of the states of the United States of America, 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.
Drafted by Mark Randolph Winkle, this 1st day of February, 2012. May God speed the acceptance and passage of this document into law.
Notice: This document and its separate parts, etc. are the exclusive copyright property of Mark Randolph Winkle and may only be used for educational purposes with the permission of the copyright holder. © 2012 Mark Randolph Winkle, Winkle Publishing. Any commercial or legislative use of this document or any part of this document without compensation to the copyright holder will be prosecuted pursuant to copyright law.





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