We, the People of the United States, having discovered that many of the concepts of the Founders have been lost or deprecated in the years since this Constitution was first conceived and adopted, hereby provide, for the guidance of those charged with interpreting the Law, the following clarifications and definitions of terms.
- The Sovereignty of the United States of America is embodied in the People, and only in the People; and the People of the United States of America do not yield up that Sovereignty under color of any interpretation of Law; save that we, the People, abjure the keeping of persons in involuntary servitude, except for a defined period of years as punishment for crimes committed.
- This Constitution does not define or enumerate the Rights of the People, which are the Rights, Privileges, and Perquisites of the Sovereign; the enumeration of certain Rights in this Constitution, and in the articles added by Amendment, represents the judgement of the Founders, since amply validated, that those Rights are the Rights most likely to be encroached upon by untrammeled Government, and deserve special mention to forbid such encroachment; and arguing that the Rights thus enumerated are the entire and exclusive Rights of the People, with others not deserving of protection, precisely inverts the original intent.
- This Constitution defines and enumerates the Powers and Privileges of the Government of the United States, completely and without exception; any argument that some Power not herein enumerated is implied by, or exists as a consequence of, a Power that is enumerated should be regarded with the greatest suspicion and doubt, and any conclusion reached as a result must be construed as narrowly as possible; and, the Founders having intended a new approach to Government, any argument that a Power necessarily exists because it is a normal and customary Power of Government in History or the World is inapplicable to the United States upon its face.
- The Officers, Officials, and Functionaries of Government, together with the Employees and Agents they find necessary to the performance of their duties, are hirelings, tasked with discharging those Obligations and performing those Duties of Sovereignty which the People find onerous or inconvenient, and hold in abeyance pending the performance of their hirelings; and the Powers, Rights, Privileges, Perquisites, Responsibilities, Obligations, and Duties of such a Functionary or Official are those of the Sovereign People, which they hold in their own right as one of the People; no person gains, by virtue of Office or any other circumstance, any power, right, privilege, or perquisite of Sovereignty not fully possessed by each and all of the People.
- Nothing in this Constitution shall be interpreted or construed to grant any Person the Right to the produce of another, or of the People, save minor children entitled to the support of their parents, without full and informed consent and agreement among all parties.
- Every declaration, order, rule, or proclamation, however styled or construed, for violation or nonperformance of which any Person may be deprived of life, liberty, or property in any degree, is a Law, and every Law of the United States shall be placed before, and debated and passed by, the Congress; Regulations drawn up by unelected functionaries, and having the force of Law upon their face, are null and void in every respect.
- A Crime is the act or acts of a Person or Persons, which results in loss of life, liberty, or property in any degree, or of the ability to pursue Happiness in any material degree, of another Person, without the informed consent of the Person or Persons suffering such loss; but no act which does not result in such loss is a Crime, and in particular the Congress shall make no law, and no law made shall stand, forbidding an act which is not itself a Crime, on the ground that it is held to be a precursor to Crime.
- Every act which is a Crime under the laws of the United States, or of the State in which it was committed, when done by any Person, is equally a Crime, of the same severity, when done by an official or other hireling of Government; and, in addition, constitutes in the latter case the high crime of Betrayal of the Public Trust, which is of a severity equal to that of the basest Felony, and the punishment for which is, at minimum, removal from Office or employment, with prejudice against the violator’s holding further Office or employment.
- The Quality which distinguishes a Jury from all other assemblages of Persons is the power to declare a person accused before the Law innocent of Wrongdoing, whether or not in violation of Law or Statute; and, this Power being held as of greater moment, as a check upon arbitrary or capricious prosecution or Law, than the occasional abuses to which it may be put, no assembly of Persons lacking that power constitutes a Jury under this Constitution.
- Persons who are Citizens of the United States of full majority, as specified by the Laws of the United States, are Electors, directly of the Representative and Senators in whose district and State they reside, and indirectly of the President through the Electoral College; Persons who are not Citizens of full majority under the Law are not Electors; but this Constitution does not otherwise distinguish between those Persons who are Citizens and those who are not.
- Representatives shall be selected by Districts of defined geographic extent, and such Districts shall be drawn for the convenience of the Electors, and for no other purpose; if one-tenth of the Electors of any State shall petition the Supreme Court to declare that the Districts of that State are wrongly drawn, the Court shall hear arguments and rule on the matter before any other Business; and, if the Court decides that the Districts were drawn for any purpose other than the convenience of the Electors, including but not limited to the race, creed, color, ethnicity, origin, or Party allegiance of the Electors therein, the Districts are declared invalid and must be redrawn before the convening of the next Congress; and no Representative of that State is elegible for re-election, or for election or appointment to any Office of trust or profit of the United States, until another Congress shall be elected, convened, and adjourned sine die pending convening of the next.
- The number of Representatives shall be calculated as follows: Multiply the number of Citizens who are Electors in the United States by three, divide by the number of Citizens who are Electors in the least populous State, add one-half, and truncate to a whole number. Arguments that the resulting Body is cumbersome, or overstretches the facilities provided for its use, will not be heard.
- Interstate commerce is the actual movement of goods, services, or information, in any combination, among the several States; the Regulation thereof consists of specifying the kind and quality of the goods, services, or information which may so move, the conditions and circumstances under which movement is or is not permitted, and the duties, imposts, and fees attendant upon such movement; but neither surmise nor full knowledge that a similar or identical good, service, or datum has crossed or may cross a State border in the past or the future renders transactions occurring entirely within a State subject to regulation by the Congress of the United States.
- Having determined, by experiment, that limiting the Terms of the President produces on the whole a good result, the principle is hereby extended to the Senators, Representatives, and those persons holding Office by appointment with the advice and consent of the Senate; accordingly, no person shall hold such Office for more than twelve years, nor shall any person hold any combination of such Offices, including the Presidency, for more than twenty years, during life; except Judges serving during good behavior.
- In the Law, verbosity, complexity, ambiguity, length, and failure of accordance with other Laws, are sources of inequity, lending themselves to arbitrary and capricious prosecution; and complaint of such qualities in the Law, if found validly applicable, is a sufficient defense.
UPDATE 28 Sept 2009: The always interesting Beldar has a few thoughts on the subject. Some of his commenters agree with me 🙂