This text is a rough draft outline for a new constitutional government for America. It is parlimentary in nature, and eliminates state and municipal governments, whose functions would be absorbed into the new national government. This should equalize services throughout the country. Nationalization of the union removes needs for a Senate. It postulates two classes of peoples: Voting citizens who enjoy complete social welfare benefits and pay taxes, and residents, who do not receive more than the benefits of military defense and police protection from crime (not tort) because they fail to vote and participate in the democracy. Also, they don't pay taxes. Juveniles are protected as if voting citizens. A voting citizen or juvenile will never be homeless or hungry or denied medical care. The government will not protect rights of residents in issues such as commerce. So, if one chooses to not vote or pay taxes, and conduct commerce with others and find they are swindled or cheated, they have no legal protection. There is no prohibition to private alliances for commerce, education, banking, insurance, or other enterprises, but they are not protected, nor are they necessary for the voting citizen. Pathways for return to rights of voting citizens are given should failure to vote result in resident status. Revenue is proposed via consumption tax rather than income, as money not spent is of no value to the economy. Investment would be considered expenditure, and therefore taxed. As voting citizen banking is regulated, wealth accumulation is not prohibited, but of little value to residents because voting citizens would demand transactions through only regulated banking. No voting citizen would accept payment for a mansion or yacht drawn against an extra-governmental bank, as there would be no protection against fraud. They could accept cash and be afforded governmental protection. The superwealthy could weigh their options, but would have no recourse to tort or criminal justice unless they were voting citizens and their transactions were restricted to other voting citizens. In other words, a resident corporation raiding another, doing hostile takeovers, or monopolizing a market would not be prohibited unless it affects a voting citizen directly. No sensible voting citizen would accept employment in a resident corporation for that reason unless guaranteed private extra-governmental security. Many of the issues of justice are specified directly in the document, removing inequalities in dispensation of justice. Corporations are not individuals, and only protected by government if completely staffed and owned by voting citizens. Details of governmental conduct and succession are specified, including legislation, judicial, and executive functions. A bill of rights is included.

Preamble

We the people of America, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this New Constitution for America.

We acknowledge our differences have made us great, but our federal government as currently constituted has slowed national reaction to timely issues. Partisanship and factitious action in the name of representation has delayed resolution on issues of national concern and temper. The interplay of the three branches has left questions of morality

dividing cooperation to govern. The separation of religion from government action has not been achieved.

In opposition to a theocratic state, we again affirm the principals of our founders, and propose a newly constituted body of action that preserves the individuals rights to freedom of religion. For those whose religion is theistic, deistic, or commercial, the government so constituted will not infringe upon, nor will it materially protect such beliefs other than to enforce the individuals’ rights to those beliefs and prevent discrimination against the individual for holding those beliefs.

Functions of government include 1) to establish and enforce laws for the common welfare, 2) to achieve projects of scope beyond capacities of individuals and smaller pluralities that will provide for the common welfare, 3) to protect the commons from conquest, sedition, or damage, environmental, moral, or legal, 4) to provide for justice and its' dispensation, 5) to engage in relations of commerce, treaty, or war with other governments, and 6) other stuff. Though not exclusive from the reach of a government so constituted, government is only necessary to achieve that which can not be accomplished within the scope of shared values of the commons by individuals or groups lesser than such a government.

Necessary to perform these functions are institutions for legislation, enforcement or execution of those laws, for defense of the commons, and for judicial dispensation and correction of legislation found contrary to the interests of the commons.

Shared values embraced in large democratic systems include proportional representation in the institutions of government, equality of opportunity to participate in all parts of the commons, equal dispensation of justice, and equal protection from harm or injustice of all citizens represented by that government. Toward this end shall be agreed a bill of rights to all citizens.

We the people agree to a government constituted toward these functions, institutions, and values as follows.

Citizens - So is proposed a unified nation of factious individuals, who will be participatory in government and the benefits thereof as voting citizens, or not, as residents, as so they desire. The citizen and resident of America may hourly choose which faction to endorse given their behavioral inclination, and participate fully in either or both factions. Biannual census coincidental with compulsory voting for citizens shall be required for acceptance of most benefits bestowed by the government. Failure to vote shall surrender all rights and benefits reserved for voting citizens for the subsequent two years. No member of the Legislature, Executive, or Judiciary can be elected or appointed who is not a voting citizen with no lapses to residency, therefore by default at least twenty years of age.

Legislation - house of commons with representatives elected by geographically aggregated citizens in proportion to populace. Passage of laws by majority vote within such a body. All

pieces of legislation shall be limited to one subject and one ammendment during debate. Power of the purse and to lay taxes. The legislature shall have power to lay and collect taxes on expenditures of voting citizens, but not upon holdings, nor upon inheritance, from whatever source derived. Budgets shall be balanced annually. Power of a treasury to establish money. Charge for execution of all public works by passing laws to complete these. Power and charge to regulate foreign commerce, natural monopolies and communications and common carriers, and domestic banking institutions for the protection of citizens. Power and charge to provide for education of all juveniles. Power to determine conditions for immigration, naturalization, and deportation of people within the union. Approval of all treaties proposed by the Executive, by majority vote. Power and charge to provide for a military. Power to declare war which shall require approval by 3/4ths of the legislators, including the stipulation that all budgets must be balanced annually including those needed for war. Power to establish continuing departments of government, such as state, military, treasury, education, public works, utilities, waste management, and others that shall perform duties of government, but appointment of personnel to administer those departments shall be the charge of the Executive. Congresses shall be for two years. Limits in tenure of service to five terms so that entrenched incumbancy does not prevent representatives from reflecting popular values of the times.

Executive - a leader elected at regular intervals of five years by popular vote of the majority of citizens, charged with enforcement of laws within the Union, and proposal and execution of treaties, commerce, and warfare with other governments. Executive shall serve as commander for armed forces abroad, police functions within the Union, and enforcement of all laws. The Executive shall have the power to appoint deputies to act in proxy to fulfill these charges, and shall petition the legislature for funds required to achieve such administration.

Executive shall provide for lesser courts of necessity for the adjudication of civil and criminal cases lesser than those of the high court and shall appoint all judges thereto, but trial shall be by jury of 9 citizens. Appeals shall be allowed to higher courts that have determined standing of the plaintiff(s) in the case. All uses of deadly force by those charged with domestic policing shall be subject to jury trial with the police officer as defendant against the charge of attempting to deprive the citizen of right to life. Plea bargaining shall not be allowed in any circumstance. Appointment to these courts shall be of the similar process as for the high court, with delay for five years, and rotation out of such an appointment following one election interval for the Executive. In the event of inability to begin service on the court five years following appointment thereto, or retirement from service of a judge, the Executive shall appoint an immediate replacement. The Executive shall provide for all needs of incarceration. The Executive shall petition the legislature for funds required to achieve such administration of the lesser courts, enforcement of all laws, providing for domestic policing, and incarceration, and the legislature shall not restrain any funding requests requisite to the timely maintenance of the common welfare at risk of their removal from office with immediate citizen vote for replacement. The Executive shall have the power of legislative veto, but all such veto shall be immediatly heard and adjudicated in the highest court of the judicial branch.

Judicial - a high court of five to adjudicate questions of law thought contrary to the public welfare or interests of the commons. Appointment to such a court shall be chosen by a caucus of the largest plurality in the legislative body lesser than the majority caucus, and shall occur in the legislative congress following the appointment, therefore two years following. Service in the high court shall therefore be limited to the length of a rotation until the set number of court members has been gone through, that is, 10 years. In the event of inability to begin service on the court two years following appointment thereto, or retirement from service of a judge, the Executive shall appoint an immediate replacement. The high court shall have the only power of pardon, which shall be by vote.

Amendment to this constitution shall require 3/4ths vote of the legislature. Constitutional convention to replace constitution shall require 3/4ths vote of the citizens.

Bill of rights

All peoples shall have the rights of life, liberty, and pursuit of happiness. All juveniles shall be provided with education.

All peoples shall enjoy freedoms of speech, press, peaceful assembly, and to petition government for redress of greivances.

All peoples accused of crime shall be presumed innocent until proven guilty by jury trial. Speedy and public trial by jury, in no case delayed by a period greater than one month from filing of charges. Accused shall be arraigned and charged within 3 days of arrest.

Rights of Residents Are Not As Extensive as Rights of Voting Citizens. Corporations Are Not Recognized as Individuals. Determination of status as a voting citizen will require evidence of voting in the most previous legislative election. While a resident or voting citizen may conduct commerce with other residents, voting citizens, or foreign concerns, the Government of America will not be concerned with, regulate, nor interfere in such commerce except between voting citizens; Nor will it defend commercial interests of residents. No corporation will be recognized as having the rights of either a voting citizen or a resident in the eyes of the Government of America unless the following is true. Alliances for commercial enterprise will be afforded protection extended to voting citizens if all of the employees and all of the investors in such enterprise are voting citizens. Likewise, these enterprises will be regulated and taxed as for voting citizens. No multinational enterprise will receive these protections unless it meets these criteria.

Social Welfare for Voting Citizens. A voting citizen and all juveniles shall be guaranteed sustenance, dwelling, clothing, and necessary medical attention to arrest malady from conception through burial. Additionally all juveniles shall be provided a free education. The Government of America shall levy all necessary taxes upon voting citizens to support these programs. Non-voting residents shall not be directly taxed. Residents will not receive social

welfare support services for a period equal to half the time period of not voting since coming of voting age (which shall be eighteen years) and their return to participatory democracy. (A 45-year-old voting for the first time would receive no social welfare support until 14 years later of consecutive voting, at the age of 59.)

Defense for All Voting Citizens and Residents. By virtue of residency, non-voting peoples of the United States of America shall also enjoy the benefits of military protection of its territories.

Citizenship Rights. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of America, until of voting age they may choose to be voting citizen or resident.