The Third Constitution of the United States

8/9/2019 The Third Constitution of the United States

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Why We Need the Third Constitution of the United States

Latest Revision, 1-10-10There are Americans who want the Constitution interpreted as the

original founders intended. There are other Americans who believe that

the founding fathers had differing motivations and beliefs. They did notall think the same. Some Americans argue that our Constitution is a

living document and therefore should reflect the changing times.

Many strict or original constitutionalists believe that our 221-year old

Constitution just needs to be followed; it is not broken, though it may

have a few flaws. However, many federal laws and amendments that

were passed after the Constitution was written in 1789, such as the

Federal Reserve Act and the federal income tax, reflect the belief that

the Constitution is a living document. Original constitutionalists mayargue that the passage of such measures was unconstitutional, butliberals or progressives who prefer a loose interpretation of the

Constitution will never agree.

Many in the liberty movement argue that The People must take back

their states by electing governors and representatives who will stand up

to the federal government, which has become too powerful. But manyothers argue that cities and local governments are becoming increasingly

corrupt as well. Most conservatives do not want a constitutional

convention because they fear liberals will implement socialism and take

away their individual rights.

Neither liberals nor conservatives are going to disappear. How can

liberals and conservatives live in peace and harmony? The only way is

to create a new constitution that encourages a live-and-let-live Americansociety by drastically reducing the size of the federal government. With

a less powerful federal government, individuals, precincts, townships,counties, and states could be given more autonomy and self-directionthan they have ever had before.

The second radical change in this new plan of government would allow

political power at the state level to move from the bottom-up, rather than


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from the top-down. This system of precinct empowerment is described

more specifically in ARTICLE IV of this Third Constitution of theUnited States.

The third radical change needed is to make spiritual values political andpolitical values spiritual. Political dialogues should no longer be based

on adversarial, cut-throat, debate techniques. Relationship counselors

could teach us a lot about how to work out our political differences in a

spirit of forgiveness and reconciliation. When they are open and

vulnerable, without big egos to defend, two people with radically

different views can explore a topic together, while being totally honest

about their fears, doubts, and convictions. If we sell only our strong

points without admitting the drawbacks, our listeners do not get the totaltruth. This approach is not easy, but it is needed. These principles applyin the relationships among nations as well.

We can care about someone even though we cannot agree on very manyissues. Where there is love there is no exploitation or unfair advantage.

Before showing our disagreements with people, we could paraphrase

their very best arguments, to let them know we fully understand theirposition, before we share our own position. The process will help us

think more clearly as well.

The Continental Congress 2009, with representatives from 48 states, and

the previous efforts of the We the People Foundation, have formally

documented our governments ongoing violations of the Constitutions

tax, money, war, welfare, and privacy clauses. Formal remedial

instructions, have been served upon federal and state officials orderingthem to cease and desist these abuses, and they have not corrected

them. Therefore, it is urged that the Continental Congress delegatesadopt this Third Constitution of the United States or use it as aworking model to create a new constitution.

Ron Pauls four points were endorsed by four third party presidential

candidates in 2008: Ralph Nader, Cynthia McKinney, Chuck Baldwin,


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and Bob Barr. The four points of unity are 1) End the Fed. 2) End the

debt. 3) Restore the Constitution. 4) End the wars. The organizationwww.thirdpartyalliance.com is trying to use the four points as a rallying

theme. Another group www.federalismAmendment.com through the

Bill of Federalism is calling on state legislatures to petition Congressto hold a Constitutional Convention to consider the ratification of ten

amendments to restore the original intent of the Constitution. Both of

these groups are making important steps in the right direction. They

should be commended. But unfortunately they have not become

successful yet. The Third Constitution is an entirely new Constitution,

not just ten more amendments added to the second. When Americans

experience prolonged frustration and anger with all previous attempts to

fix our political and economic problems, the day will come when theywill consider the new American way of life that is offered through theThird Constitution.

But WHEN do we encourage a constitutional convention for this type ofgovernment? When a majority of the Republicans want a powerful

federal government to increase military spending? No. When a majority

of the Democrats want a powerful federal government to increase bothwelfare and warfare? No. We encourage a constitutional convention for

this type of government when enough decentralists--libertarians,

socialists, even anarchists--see no other alternative. This Third

Constitution proposes 45 major changes. Couldnt many of the

proposals be implemented without the potential risk of a constitutional

convention? Dealing with each issue one at a time through an

amendment process would take a long time. I think an entirely new

Constitution that Americans can study for months in advance couldtrigger a paradigm shift in their thinking. Political and economic

conditions may have to hit rock bottom before Americans start lookingfor radical changes. Unfortunately, by then it may be too late to cast offthe emerging police state that will have total control over citizens.

Citizens in this New World Order will lose their rights and their middle

class status, essentially becoming serfs or endured servants.


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Continuity of government (COG) is the principle of establishing defined

procedures that allow a government to continue its essential operationsin case of nuclear war or some other catastrophic event. But our

Homeland Security has become too invasive of our personal privacy.

And through the Project for a New America (PNAC) document, manyAmericans are fearful that a Shadow Government has emerged and is

now running our government. If martial law is declared for some silly

reason, our current rights and privileges could be removed permanently.

Under our current two-party system, no third party, whether it is the

Libertarian Party, the Constitution Party, the Green Party, or the

Democratic Socialist Party has an agenda that will capture the hearts and

minds of most Americans. Some people think the current Tea Partymovement might take over the Republican Party. But if that happens,the powers-that-be, who currently control both the Republicans and the

Democrats, will put their vast resources into the Democratic Party, and

they will manage eventually to corrupt the Tea Party movement.

This Third Constitution, once it is completely understood, can make

large numbers of Americans happier than ever before, as they see themany ways that our current second constitution could be improved. This

Third Constitution of the United States could also spur a new third party

that unites many third parties and discontented people from the two

major parties.

Because many Americans are fearful of a constitutional convention, it

may not occur for a long time. Those who want to work on one

amendment at a time to make the needed changes have an uphill battleas well, as mentioned earlier. It may be that the only value in this Third

Constitution is in the proposals that it offers. Perhaps a new constitutionwould not be needed if the proposals were adopted without it. However,it would take a new constitution to implement many of the proposals

such as disposing of the U.S. Senate. Studying a totally new constitution

could be the very stimulus that produces a much better political

philosophy. At the very least, it is hoped that this Third Constitution


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will have pedagogical value for teachers because in dealing with

controversial issues, students should consider the best arguments of allsides.

Thomas Jefferson in a letter to Samuel Kercheval on July 12, 1816 said:"Some men look to constitutions with sanctimonious reverence and

deem them like the ark of the covenant, too sacred to be touched. They

ascribe to the men of the preceding age a wisdom more than human, and

suppose what they did to be beyond amendment. I know that age well; I

belonged to it and labored with it...We might as well require a man to

wear the coat which fitted him when a boy, as civilized society to remain

ever under the regimen of their barbarous ancestors."

In a letter to James Madison on September 6, 1789, Thomas Jeffersonsaid: "No society can make a perpetual constitution, or even a

perpetual law...Every constitution, then, and every law, naturally expires

at the end of 19 years. If it be enforced longer, it is an act of force andnot of right."

I hope that Americans who are afraid of the risks of a constitutionalconvention may one day realize, before it is too late, that it is a greater

risk not to have one. The new world order that various globalists are

implementing will erode our national autonomy permanently, unless the

American people wake up, take back their states, and restore our

national sovereignty. But in the end a new Constitution will be needed to

accomplish that.

If our goal is ultimately to create peace on earth, we will have to domore than just change the government. We will have to change our

hearts and minds as well. If more Americans found true inner peace andstarted expressing loving-kindness to others, there would be a significantincrease in our domestic tranquility and our national security. But if we

improve outer structures (like government) and work on our own

spiritual growth or psychological integration simultaneously, we will

truly become a Light unto the world. We may not be able to change


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human nature, but we can certainly do a much better job than we are

doing now.

A new constitution that is simple, short, and easy to understand could

grab the attention of average Americans, and our children too, andinspire them to engage in political thinking. Only then can we have a

government of the people, by the people, and for the people. Masses of

people have become alienated and non-political because they believe it

is hopeless to try to change the system. Many others argue that the

crooks and thieves in Washington do not follow our current constitution,

built on a solid foundation, why would they follow some new system?

The economic, political, social, and moral state of our nation is very lowright now. We must think and act in radically new ways, or in old-fashioned ways long forgotten, before it is too late. This Third

Constitution can level the playing field, while eradicating the crooks and

thieves. Without removing our federal government, we mustdramatically downsize Washington D.C. and give local areas more self-

determination, while building government from the bottom-up, not from

the top-down as it always has been.

The Articles of Confederation were our first Constitution. Our current

Constitution is the second one. Now we must think about a third one. In

the continuum between individualism and collectivism, or between free

market capitalism and democratic socialism--townships, counties, and

states will have more autonomy, self-determination, and local self-

reliance to express the true wishes of the people in those districts. Many

of the 45 changes that the Third Constitution endorses could never beimplemented by just convincing lawmakers to start following the

Constitution.

Libertarians and socialists, and all those in between, must realize that the

only possibility for them to achieve the type of community they

personally value is to allow for radically decentralized political power

within a larger context of mutual respect, cooperation, and fair trade.


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Moreover, the new self-determined communities could learn a great deal

from the successes and failures of one another. Under this new model,no one knows yet whether individualists or collectivists will become

more popular at local levels years later, or if the federal government, this

time built from the bottom-up, should ever be made powerful again. Butwhatever develops from this new model, it will truly be of the people, by

the people, and for the people.

Whenever our current Constitution makes reference to the people, it

really is just a synonym for the states (with top-down control), as

opposed to the federal government. When we use the term the people,

I think we should actually mean particular individuals, and individuals

living in precincts, townships, and counties who have privileges andrights that the individual states and the federal government cannot takeaway.

Our government was hijacked years ago by international banksters (whocontrol the Federal Reserve), by corporate capitalists and lobbyists (who

get the government to work in their interests only), by the industrial-

military complex (that profits from ongoing war-making), and the CIA(which is involved in the illegal drug trade, using the profits to do illegal

operations, unknown to Congress and the American people). The

powers-that-be control both the Republicans and the Democrats. Both

parties are merely a smokescreen, a false left-right paradigm, to make

people think they have true freedom and liberty, which they don't.

On December 27, 2009, I emailed this document to the editor of the

Mises Institute, thinking that they might consider publishing it. I got aresponse from someones mobile phone later that day saying, It is a

good effort but sheer fantasy, which you know. The greater problem istheoretical namely that every constitution in human history has beendesigned to enhance the power of the state else it would not pass. In any

case, thank you.


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If we truly believe that it is sheer fantasy to win against the State or

sheer fantasy to create a peoples Constitution, then we might as welljust escape deeper into TV, sports, and shopping.

What do the Amish, atheistic Buddhists, Hindus, Holiness-churchChristians, Hippies who live in The Farm commune in Tennessee, and

meditating yogis have in common? They all reject mainstream worldly

values. They could care less about the latest fashions, sports scores, and

movies.

Buddhists believe that selfish desire is the cause of suffering. Holiness

Christians (not the worldly ones) truly believe those scriptures that warn

against the lust of the world and the pride of life. Each one of thesedifferent groups could make a majority in one of the 600 precincts inIndianapolis, for example. They could still buy and sell goods and

services outside their little district.

Personally I would choose the unity in diversity of this type of American

society over the monoculture of worldly values and materialism that has

brainwashed the masses. It may take years to convince enoughAmericans to believe, organize, and unite together in this spiritual battle,

but it is the only thing worth striving for with the little time on earth that

some of us have left.

Earlier I mentioned that Ron Pauls four points was a step in the right

direction, but the drawback is the third party candidates will not

compromise their agendas and support the most popular third party

candidate among them. I sent many emails to all third party candidatesin 2008 recommending this strategy, but it was to no avail.

We the people must do more than just become angry and well-informed;attaining knowledge is merely the first step. If we cannot or will not

unite around the Third Constitution or most of the proposals that the

Third Constitution makes, we will forever be ineffective against the

plutocratic State.


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If we the people never agree on which proposals or which strategy tounite around, we will forever be ineffective against the oligarchic State.

The mainstream media, in bed with the State, will marginalize or

discredit any grassroots movement that reduces its power, profits, andinfluence.

How can the interests of average people prevail against the monolithic

State? Masses of people could sign petitions stating that they will not

vote for a candidate who does not support Ron Pauls four points on

which the four major third party candidates agreed. The radical and

unconventional ideas expressed in this document could be publicized on

the Internet and printed into hard copy pamphlets. Remember this ThirdConstitution of the United States is a working model for a newAmerican way of life. As more people come aboard, it can be fine

tuned. If masses of people start believing in these radical ideas, at some

point they will no longer be sheer fantasy. We can make it happen.

The reason why we need the Third Constitution is the middle class of

America is being wiped out. Eventually there will be a few super richoligarchs in control at the top while the rest of us will be like medieval

serfs, as we lose our national sovereignty and move into a one world

government with a one world currency. And many will be waving flags

and praising our leaders as this nightmarish scenario unfolds.

The next three pages of this 31-page document summarize the 45

changes I recommend. This Third Constitution of the United States:

1.Specifically clarifies 12 individual rights.2.Provides for a unicameral federal legislature that requires a

majority to pass legislation.3.Requires Instant Run-Off Voting and the equal empowerment of

of all major third parties.

4.Allows federal legislators to vote without being in WashingtonDC.


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5.Televises debates and speeches regarding all bills underconsideration.

6.Requires that all bills be written by members of Congress, notlobbyists.

7.Requires that all bills deal with only one issue, not several.8.Requires that legislators read all bills in their entirety.9.Allows all political parties, including third parties who have

gotten more than one percent of the vote, to express in writing

their positions on a bill. Unless there is a major emergency, at

least two weeks must pass before there is a vote on any bill.

10. Allows citizens of a district to electronically register theirvote on a particular bill, with all their votes made public.

11. Restricts lobbyists from meeting in person with legislators.12. Removes the Presidents veto capability.13. Orders that the federal budget be balanced every year.14. Requires that widely accepted experts examine electronic

voting machines.15. Enforces the necessity of congressional approval before a

President declares war.

16. Makes all past and future presidential executive orders illegalunless Congress approves them with a majority vote.

17. Abolishes secret courts through the the Foreign IntelligenceSurveillance Act (FISA).

18. Requires that all laws be based on common law and givesjuries the power to judge the law as well a defendants guilt or

innocence.

19. No longer gives government officials immunity fromprosecution while they are in office.

20. Reduces the role and size of the federal government whilegiving local districts more self-reliance and autonomy as theydesire it.

21. Specifically clarifies that states may withdraw from theUnited States and become sovereign states or countries.

22. Encourages, but does not demand precinct empowerment (asexplained in Article IV below), in which political power at the


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state level moves from the bottom-up, rather than from the top-

down.23. At the township, county, and state levels, it allows for free

market capitalism, democratic socialism, or something in-

between, as the adult voters decide.24. Allows citizens to visit Cuba.25. Requires a strict interpretation of the Constitution but makes

it easier to change or discard the Third Constitution.

26. Cancels the federal income tax.27. Cancels the national debt, using some of our federal assets to

reimburse those who helped finance the national debt.

28. Abolishes fractional reserve banking and the Federal Reservethat was started in 1913.

29. Bases our currency on gold and silver.30. Prevents the government from inflating our currency, which

is merely a hidden tax on the people.

31. Cancels formal trade agreements such as NAFTA.32. Advocates a non-interventionist foreign policy, ideally

reducing the military budget by 75 percent.

33. Abolishes the Central Intelligence Agency, which has beeninvolved in illegal drug trading to finance its covert operations,

while keeping Congress and the American people in the dark.

34. Requires close monitoring of Homeland Security byCongress.

35. Enforces the Posse Comitatus Act of 1878.36. Enforces Habeas Corpus.37. Abolishes Social Security.38. Makes the funding of public education optional and

compulsory education illegal. However, some townships and

counties may later require such measures, if a two-thirdsmajority of the adult voters support it.

39. Prevents federal and state agencies from regulating medicalproviders. However, physicians, dentists, alternative health care

providers, hospitals, and clinics may obtain Certificates of

Competency from private organizations.


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40. Allows county or municipal governments to revoke thecharters of private corporations when they no longer serve theresidents in the community or help the environment.

41. Abolishes the military draft.42. Abolishes all compulsory licenses for individuals to practice

their trade or profession. However, individuals may choose to

get certified by private organizations that offer that service.

43. Allows adults to purchase medicines and recreational drugswithout a prescription, from both domestic and foreign sources.

44. Allows for the harvesting of marijuana hemp for medical,agricultural, industrial, and recreational purposes. It was made

illegal in 1937 by the wrongdoings of private corporations that

were threatened economically by its thousands of practical uses.45. Calls for an immediate new investigation into the events of

9/11, in which the claims of independent authors, scientists, and

engineers, who do not accept the official explanations, will be

examined.

The Third Constitution of the United States

Preamble

We the People of the United States, establish this Third Constitution for

the United States of America to establish liberty, justice, prosperity, and

peace for our nation.

Individual Rights

1. All individuals may worship God through the religion of theirchoice; or they may choose ethical behavior or spiritual disciplines

not based on any religion. All individuals have freedom to speak


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and write about their personal, political, and spiritual beliefs.

Governments do not have inherent rights, but only powers grantedby We the People. Governments are given powers to protect the

rights of individuals. Governments serve The People, and not the

other way around. The people may disband or amend thegovernment and its Constitution when their inherent rights are

violated.

2. Individual citizens have a right to keep and bear arms.3. Involuntary servitude of law-abiding citizens is prohibited. Thus,

if the government declares a war that an individual deems

unethical, the individual has a right to refuse service in themilitary.

4. Government authorities must have a probable cause to search ourhomes, cars, or any other property. There also must be a probablecause for government seizure of our personal property.

5. No person shall be tried for a serious crime unless there is a GrandJury indictment that states valid reasons for the court trial.

6. No person shall be deprived of life, liberty, or property unlessthere is due process, or fair procedures, in carrying out the law.

Private property cannot be taken for public use unless the owner

chooses to sell it.

7. In all criminal prosecutions, the accused shall enjoy the right to aspeedy and public trial by an impartial jury in the district wherethe crime was committed. The accused must be informed of the

nature and cause of the accusation. The accused has a right to an

attorney or to a counselor who is not an attorney.


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8. The accused, or an attorney of the accused, may confront or crossexamine all witnesses testifying against the accused. The accusedmay require witnesses to testify if the witnesses have important

information to share in the case. Unless it is a misdemeanor, or

minor charge, citizens have a right to a trial by jury. Juries mayjudge the law as well as a persons guilt or innocence.

9. Excessive bail shall not be required of a person, nor excessivefines imposed, nor cruel and unusual punishment inflicted.

10. Citizens will not need a license to practice their trade orprofession. However, they may choose to get a certificate of

competency from any voluntary organization that provides it.

11. Adults themselves may purchase medical and recreational drugs,previously considered illegal, through the free market from bothdomestic and foreign sources. No plant, such as the marijuana

hemp plant, shall be declared illegal to grow for medical,

agricultural, industrial, and recreational purposes.

12. What consenting adults do in the privacy of their homes orbedrooms that does not infringe on the property or the rights of

others should not be the concern of government. Thus, individuals

have a right to privacy.

ARTICLE ISection I

All federal legislative powers shall be granted to the FederalCongress of the United States, which shall be a unicameral bodyconsisting of Federal Representatives, also called Federal

Legislators. All citizens have a right to vote in secret for Federal

Legislators and any other government officers. There will be 435

separate congressional districts in the United States based on equal


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population. A unicameral Congress could make it easier to change

laws and the Constitution itself, but requiring a majority willcertainly slow the legislative process. Our founding fathers wanted

a constitutional republic that would be followed strictly while

guaranteeing our inherent rights.

Furthermore, they purposely wanted to make it difficult to pass or

change any new laws by requiring all laws to be passed by both the

House of Representatives and the Senate. But this measure is a

mixed blessing because it also makes poor laws and amendments

difficult to be changed as well once they are passed. For many

years now, many Americans have become alienated by a

government that is not responsive to their needs. A growingnumber of people would now argue to the contrary that agovernment that can change or adjust quickly is better than a

government that is too slow to make improvements. For this

reason a unicameral legislature is preferred over a bicameral one.Other new changes (discussed below) to the constitution that will

help Americans become excited and enthusiastic about politics are

Instant Run-Off Voting and the equal empowerment of thirdpolitical parties in America.

Section 2

All Federal Representatives of the United States Congress will be

chosen for two-year periods. Members of Congress may serve in

office for consecutive terms. After states are listed in alphabetical

order, the first half will have elections on odd-numbered years, andthe second half will have elections on even numbered years.

Section 3Each state will have at least one Federal Representative. The

District of Columbia will also have Federal Representatives based

on its population.


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Section 4

When vacancies because of sickness, death, or resignation happenin a states representation to the Federal Congress, the State

Governor will choose a resident from the vacant district that is

approved by a majority of state legislators of the state (or by theState Council, as described below).

Section 5

The Federal Representatives shall vote for their Speaker of the

House at the start of every new term. This Speaker of the House

shall choose the Chair Persons for the established committees. The

Chair Persons, in turn, shall select committee members.

Section 6The Representatives will be allowed to try, impeach, and remove

any high-leveled federal officer in the legislature, executive, and

judicial branches of the federal government. When the Presidentof the United States is tried, the Chief Justice of the Supreme Court

shall preside. Any officer impeached is also liable and subject to

indictment, trial, judgment, and punishment, according to the law.

Section 7

The places for holding government elections shall be determined

by the county government of each state (or by the County Council,

as described below). Since the method of registering voters and

counting votes should be uniform throughout the country, theFederal Representatives shall decide the standard method.

Section 8The unicameral Congress will assemble the third Monday in

January of every year. Members of Congress must vote yes, no, or

undecided on every issue. They do not have to be present at the

Capitol Building in Washington DC, unless the Speaker of the


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Congress deems it necessary. All such debates will be televised

for public viewing, so that citizens can be equally informed aslawmakers on all the issues. All bills must be written by elected

members of Congress, not lobbyists. All bills must deal with one

issue only. Every lawmaker must read every bill in its entirety.

The best arguments for and against a bill must be expressed in

writing from opposing parties, and they must be made available to

the public at least two weeks before there is a vote on a bill.

Citizens of a district may electronically register their vote on a

particular bill, and Federal Representatives should wisely consider

input from their constituents. The results of all citizen input on

every bill must be made public. Representatives who do not abideby the will of their constituents may be replaced during their termof office if three-fourths of the constituents have registered that the

Representative should be removed. In that case, the state governor

will choose a resident from the now open district to finish the term.The person must be approved by a majority of the state legislature

(or State Council).

Section 9

The salaries of Federal Legislators will be determined and paid by

the state governments the Federal Legislators represent.

Legislators cannot accept any money or gifts, or promises of

money or gifts, at any time before and during their tenure in office

from private citizens or lobbyists. Such money or gifts could bias

their opinion on an issue. Corporate lobbyists must neither be

allowed on the grounds of the Capitol, nor meet in person withmembers of Congress. Lobbyists may, however, use other means

to provide members of Congress with information: They mayparticipate in written or oral debates, with individualsknowledgeable about the issue, to argue their position on a

particular bill.

Section 10


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Once Congress passes a bill, it shall be sent to the President for

approval. If the President disapproves a bill, he or she can veto it,or lines of it, within seven days. However, a two-thirds majority in

the House can overrule the President and make the law official

against the Presidents wishes.

Section 11

Congress must balance every budget and not engage in deficit

spending.

Section 12

In all elections of Federal Legislators, all third parties will have

the same requirements, privileges, and media access as the currentRepublicans and Democrats, in order to give every political party afair chance. To have ballot access for a federal legislative election

a candidate must have 5,000 signatures from his or her state. In

future elections, political parties will not need to get a new set ofsignatures, unless they received less than one percent of the vote.

To give third parties an equal chance, Instant Run-off Voting(IRV) will be required. Instead of casting just one vote for one

candidate, each voter ranks candidates in the order of first, second,

and third preference. If no candidate receives more than 50

percent of the vote, then a process of elimination occurs in which

the candidate with the fewest number 1 votes is eliminated. If

candidate x is eliminated, the people who voted for candidate x as

their number one choice can still have their votes for candidate x

transferred and thus added to their particular second-choicecandidate, which will give that candidate more votes. The ballots

are then recounted. Candidates are eliminated in this fashion untilone winner emerges with a majority of the votes.

This system is better than plurality voting, which allows a

candidate to win without a majority of the votes. An objective

panel of computer experts must examine the electronic machines


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used for tabulating instant run-off voting, or any other electronic

input from the people, to avoid any foul play.

ARTICLE II

Section 1

The executive power shall be invested in a President of the United

States. His or her term of office will be four years. Presidential

election years will continue as before. The President will choose a

Vice President to work and serve with the President.

Section 2A presidential candidate, representing a political party, must get

1000 signatures from the voters of each state in order to be on a

national ballot. A political party will not need to get a new set ofsignatures, unless the partys candidate got less than one percent of

the national vote in the last presidential election.

Section 3

If a president resigns, dies, is impeached, or is unable to hold the

office, then the Vice Principal will replace him. If the Vice

President is unable to serve at that time, the order of succession

will be the Speaker of the House (or Federal Congress), and then

the Secretary of State.

Section 4

Members of the federal legislature can increase or decrease aPresidents salary. The president cannot take money, expensivegifts, or promises of money or gifts, before or during his or her

term of office. Such money or gifts might bias his or her

decisions.


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Section 5

The President shall be Commander in Chief of the Armed Forcesof the United States and of the State National Guards of all states.

The President cannot execute troops on a moments notice unless

there is a national emergency. The President cannot make adeclaration of war, unless a two-thirds majority of the Congress

approves. All past executive orders or presidential directives made

by presidents must be fully disclosed and approved by a two-thirds

majority of Congress. It is unconstitutional for a President to make

executive orders or presidential directives without Congressional

approval.

Section 6Since Congress must pass bills with a majority, the Presidentwill no longer have veto capacity to annul the legislation that

Congress has passed.

ARTICLE III

Section 1

The judicial power of the United States shall be vested in aSupreme Court, which shall consist of a Chief Justice and eight

Associate Judges. The nine Supreme Court Justices will vote to

choose their own Chief Justice among themselves every three

years or sooner if a Chief Justice leaves office. Supreme Court

Justices will serve for 9-year terms and will be chosen by Congress

using an Instant Run-off method of voting.

Section 2Currently there are over 850 federal judgeships in the United States.Federal judges may serve indefinitely. State governors will select

the federal judges for his or her state when vacancies occur, but the

state legislature (or the State Legislative Council as described in

ARTICLE IV) must approve of the Governors selection. Any


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federal judge not assigned to a particular state will be appointed by

the President and approved by the United States Congress whenvacancies occur. Federal judges may be impeached and removed

by the legislative body that is responsible for approving them.

Section 3

There will continue to be two distinct judicial systems, one for the

federal government, and the other for each of the 50 states. Each

state will continue to have its own separate judicial structure. The

national judiciary will have federal courts across the country as it

does now.

Section 4Federal courts such as District Courts, Territorial Courts,Bankruptcy Courts, and Federal Regulating Agency Courtsmay

make appeals to one of the twelve Federal Courts of Appeal that is

assigned to their district.

Section 5

In addition to the 12 Federal Courts of Appeal based ongeographical areas, there will also be, as already established, The

Court of Appeals for the Thirteenth Circuit (also called the Federal

Circuit), which will have national appellate jurisdiction over

certain types of cases, such as those involving patent law and those

in which the United States is a defendant. The Court of

International Trade, The Court of Federal Claims, and similar

courts may appeal to this Thirteenth Court, the Court of Appeals

for the Federal Circuit.

Section 6Most of the time the Supreme Court will work as an appellatecourt, but in some cases, when it chooses, it may exercise original

jurisdiction which means it can act as a trial court if, for example,

a state is a party, or in matters concerning foreign diplomats. The

federal Supreme Court also can review and cancel State Supreme


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Court decisions, if the federal Constitution is violated. Federal

Appellate Courts also may declare that a federal or state law isunconstitutional.

Section 7Any person accused of a federal crime may have a trial by jury.

The trial, with or without a jury, will be held in a federal court in

the state in which the crime was committed. All states must

respect the laws, records, and lawful decisions of other states. A

crime committed in a state will be prosecuted according to the laws

of that state. Thus, a person visiting another state will have the

same rights, privileges, and criminal penalties of the state he or she

is visiting. The state where an individual has current legalresidence is the state that will make any necessary divorce

judgments. Any person accused of a crime who then flees to

another state must be returned to the state where the crime was

committed.

Section 9

States cannot be sued in federal courts by citizens or by a foreigncountry. The government cannot make laws or take actions that

violate a persons inherent rights; this includes inherent rights that

are not specifically mentioned in the federal constitution. Every

individual shall have equal justice under the law. Supreme Court

decisions can be abolished by a two-thirds majority of Congress

Section 10

The Supreme Court may make modifications in the structure of thefederal court system. Its job is to judge the laws Congress makes,

not change or make new laws. Congress, however, will determinehow much of the federal budget is needed to finance the federalcourt system.

Section 11


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Secret courts, such as the Foreign Intelligence Surveillance Act

(FISA), should be abolished. All suspects, foreign or domestic,should have the same amount of rights. Physical or electronic

searches may not be done without first notifying the subject. To

do such searches, a warrant must be obtained in an open court.

Section 12

All laws should be based on common law. Every individual must

do what he or she promises to do by contract. One of the roles of

government is to determine that legal contracts are honored.

Section 13

Government agents will not have immunity from prosecution.Citizens may sue in both criminal and civil courts.

Section 14Adult citizens are allowed to do anything they want provided they

do not infringe upon the equal rights of other individuals or upon

their property.

ARTICLE IV

One of the main goals of this Third Constitution of the United

States is to reduce the size of the federal government. A state

government may also reduce its size, if that is the will of the

people of that state. Moreover, many federal government

functions will be decentralized to provide more local self-

determination and local autonomy. Whenever possible,government power and decision-making should flow from the

bottom-up, not from the top-down. Within three months after thisThird Constitution is implemented, the voters of each state willdecide if they want to keep their current state constitution and

government. They may discard their state constitution and

government and adopt the precinct empowerment system outlined

below, or they may discard their state constitution and come up


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with something entirely different that better expresses the will of

the people. Large government bureaucracies have a top-downcontrol that is impersonal, costly, inefficient, and ineffective.

Under the second constitution, many Americans came to realize

that their representatives represented not them, but corporatelobbyists. Therefore, empowering a precinct which may have

about 600 adult voters is a lot better than having legislators who

represent a half million people!

Here is how the precinct empowerment system can work: Each

precinct may choose one resident to serve on the Township

Council. Each Township Council may choose one of its members

to serve on the County Council. Each County Council may chooseone of its members to serve on the State Council. Each councillevel will make legislative, executive, and judicial decisions or

appoint people to make those decisions, as they pertain to its level

of jurisdiction.

For example, there are 92 counties in the State of Indiana. There

are about 800,000 people in Indianapolis, which is containedwithin Marion County which has about 600 precincts of equal

population, and each precinct may have about 600 eligible voters.

Moreover, there are nine townships in Marion County. In the

Indiana State Council, rural, less populated, counties will have just

as much influence as urban ones. However, the federal Legislative

districts for Indiana will be based on equal population, which will

give smaller urban areas the same influence as larger sparsely

populated areas.

The founding fathers created a Constitutional Republic based onindividual rights. They believed there should be a strictinterpretation of the Constitution. However, eventually many

Americans throughout our history came to view the Constitution as

a living document that changes with the times. Many of the later

Amendments to the Second Constitution have expressed a greater


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preference for direct democracy and also for collectivism, which

gives government more control to redistribute wealth, throughtaxes, for example, as the government deems it fair and just.

In the continuum of individualism versus collectivism, theresidents of each precinct, township, municipality, and county can

decide their own preferences. Normally there will be free market

capitalism, but the above listed districts may choose forms of

socialism (such as government schools or government health care)

if there is a two-thirds majority vote in favor of it in a particular

district. Of course, a citizen may choose where he or she wants to

live. Moreover, citizens may visit any country they choose,

including Cuba. If they choose to move to another country, theywill not be dispossessed of their personal assets by ourgovernment.

When this Third Constitution of the United States is implemented,government employees and agencies at all levels will continue as

before initially. Changes will be made gradually. Within three

months, each precinct will elect a Precinct President and a PrecinctCouncil. These positions could be voluntary. Retired senior

citizens could make excellent public servants. A precinct could

even approve or replace the fire fighters, police officers, teachers,

school principals, library workers, or any other public servants, if

they were assigned to their precinct exclusively. Precincts can

supervise voting polls and oversee the various neighborhood block

clubs. Precincts could do a needs assessment and a skills

assessment of their precinct, so that neighbors can get to know oneanother and help one another better. This system will promote

neighborhood togetherness and will build cooperativecommunities largely through voluntary means. Precincts couldeven express their mutually developed philosophy, values, and

procedures in a written document. Precincts could even become

tribal in a sense, but ideally not with the narrow-minded hostility

toward outsiders that is typically associated with tribes.


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The voluntary Township Council, consisting of all the PrecinctPresidents, has the job of allocating a block grant of public funds

given to them by the County Council. The Township Council will

make legislative, executive, and judicial decisions or appointpeople to make those decisions. Changes to current township

organization should be made gradually as a result of local residents

doing their own careful research.

The County Council, consisting of one person from each township,

shall make legislative, executive, and judicial decisions or appoint

competent people to make those decisions. Serving on the County

Council could be a full time salaried position. The county willgenerate some of its own revenue, possibly through taxes and userfees, and can receive a block grant of public funds from the state

government. If the current county structure meets the needs of

county residents, then there would be no need to change it.

The State Council, consisting of one representative from each

county, shall make legislative, executive, and judicial decisions, orappoint competent people to make those decisions pertaining to the

entire state. The state will generate most of its revenue through

taxes or user fees, as the State Council determines. It may receive

revenue from the federal government when federal functions must

be performed within the state.

A precinct at anytime may replace its representative to the

Township Council. The Township Council at anytime may replaceits representative to the County Council. The County Council at

anytime may replace its representative to the State Council.Moreover, a government officer who has moved up the ranks to theState Council, even becoming the State Governor, could be

recalled at any time by his or her precinct, township, or county

back home. In that case, the County Council, from which he or she


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came would have to select a new representative from its members

to serve on the State Council.

A state may withdraw from the rulings and protections of the

United States of America, or secede from it. The state would thenbe a sovereign state, which means it would become a neighboring

country. Three-fourths of the state voters must choose state

sovereignty before it can become official.

After this system of precinct empowerment is implemented, the

voters of a state, while still remaining within the United States,

may discard this precinct empowerment system in which political

power moves from the bottom-up instead of from the top-down.Two thirds of the voters must oppose it. The people would thenwrite a new Constitution and set up a new state government, while

still remaining within the federal system of the United States.

ARTICLE V

Only Congress has the power to admit new states to the union.The federal government must protect the people of the states when

there is an attack by foreigners, or if and when the state governor

deems that its National Guard cannot handle an emergency

situation.

ARTICLE VI

Constitutional conventions or amendments to the ThirdConstitution of the United States may be proposed and approved

by a two-thirds vote of Congress or at the proposal and approval oftwo-thirds of the state legislatures, or the State LegislativeCouncils. The Constitution should be followed strictly, not just

given a new interpretation. If the American people decide that this

Third Constitution of the United States needs to be amended or

overhauled, then they should act accordingly.


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ARTICLE VII

The federal income tax on individuals will be cancelled. The

national debt will be cancelled or repudiated. Some of our federal

assets will be turned over to those who have financed the debt.

Federal, state, county, and township governments may impose a

sales tax, and precincts may charge service fees. The US Census

will continue to be taken every ten years, as it is currently being

done. Counties may tax corporations operating within theirboundaries.

ARTICLE VIII

The right to vote will be given to all citizens who are at least 21

years old, as long as they are not in prison at the time. Local, state,and federal governments may not charge citizen fees that must be

paid before people are allowed to vote. No citizen will be denied

the right to vote because of his or her race, ethnic group, religion,

gender, or sexual preference.

ARTICLE IX

The Federal Reserve System of fractional reserve banking must be

eliminated. Our money system will be based on gold and silver.Banks will no longer be able to lend money that they do not have.

The gold standard will be allowed to compete with our currentpaper money until our current legal tender is gradually removed.Under the new system, new paper certificates and bills will be

used, and electronic (gold) entries can be made, but the US

Treasury, or quasi-government bodies like the former Federal


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Reserve, will no longer be able to inflate our currency because

inflation is a hidden tax on the people.

ARTICLE X

Government should be largely limited to the defense of itscitizens. Actions such as, murder, rape, robbery, pollution, theft,

embezzlement, fraud, arson, kidnapping, battery, trespassing,

harassment, and nuisance--violate the right of others. Government

investigation, control, and prevention of these actions are

legitimate.

ARTICLE XI

Attempts to achieve a one world government, a one worldcurrency, a North American Union, or formal trade agreementslike North American Free Trade Agreement (NAFTA) should be

highly shunned. National sovereignty and having our own

currency must be our priority when participating in internationalorganizations such as the United Nations. Our foreign policy

should be non-interventionist, so that other sovereign nations do

not develop hostilities toward us, as they have in the past.

ARTICLE XII

County or municipal governments may revoke the charters of any

private corporation in their districts, if they determine that a

particular corporation does not serve the community or benefit the

environment.

ARTICLE XIIIThe Central Intelligence Agency has operated with a secret budget

and has engaged in the trade of illegal drugs in order to finance itscovert operations. Therefore, the CIA must be disbanded. TheDepartment of Homeland Security as an umbrella organization of

other security departments shall be closely monitored by Congress,

so that it does not exercise undue powers of surveillance and wire-


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tapping, powers that violate the inherent rights of individuals,

including law-abiding American citizens.

ARTICLE XIV

Section 1The Posse Comitatus Act of 1878 limited the powers of the

federal government in using its military for local and domestic

law enforcement. This Act must be enforced. The

President and the US military should allow the National Guard,

under the authority of the State Governor to act when there is a

natural disaster, epidemic, public health emergency, or a

terrorist criminal attack.

ARTICLE XVHabeas Corpus is a concept of law in which a person may not be

held by the government unless the government has a valid reason

for putting the person in jail or prison. Even in a nationalemergency, the right to Habeas Corpus should not be violated.

ARTICLE XVIThe national Social Security program will be cancelled.

Individuals will be reimbursed for all the money that they have

paid into the fund.

ARTICLE XVII

The budgets of most current federal departments and agencies will

be cut dramatically, as state, county, municipal, township, and

precinct levels of government are given more autonomy and localself-reliance. Responsible individuals and local communities in a

free society should be allowed to make their own choices.

ARTICLE XVIII

Parents--not the federal, state, county, municipal, township, or

precinct governments--are responsible for their childrens

education. Therefore, parents that choose private schools or


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homeschooling should not be taxed to support public schools,

unless there is a two-thirds majority of adult voters in favor ofpublic schools in a particular precinct or township. Compulsory

education at every level of government shall be abolished. It is

abolished because parents, not the government, should make thosedecisions.

ARTICLE XIX

All taxes on property, inheritance, and capital gains will be

eliminated.

ARTICLE XX

Mandatory government health care or Single-Payer Health Care(paid for by the government) will not be imposed on citizensagainst their wishes, unless there is a two-thirds majority vote in

favor of it in a particular county.

Since there will not be federal and state agencies that control the

licenses granted to medical providers (such as doctors, nurses,

dentists, pharmacists, alternative health practioners, hospitals, andclinics), the price for health care will be dramatically reduced.

However, the above medical providers may choose to be licensed,

or get a Certificate of Competency, from private organizations that

provide that service.

Roger Copple

Indianapolis

[email protected](Now that you have read the Third Constitution of the United

States, please email me and tell me what you think)

Documents

The Third Constitution of the United States