From Dean E. Malone, ernestduke@hotmail.com

With these amendments, our crooks will flee, and our police and military will be freed to exercise their duty against their superiors when necessary without fear of reprisal. Freedom’s fresh air shall return to America.

Here are my proposed Constitutional amendments to address these issues. Food for thought:

Proposed Additional Amendments


(Max M. Lund [mml]  I admire Dean Malone’s initiative in offering these proposed amendments.  I have tried to offer my comments or changes in red but I can’t seem to get it to copy and paste after editing so I will try to put in parathesis. 

AMENDMENT XXVIII (Revised 3-18-12)

Proposed.

Section 1.

All laws must be in agreement with the principle to do unto others that which we would have done unto us and to not do unto others that which we would not have done unto us. All of this Constitution and all statutory laws, rulings and judgments that flow from it must be consistent with and abide by this cornerstone law of unconditional love.

Section 2.

The rights of man are expressly defined as their right to life, liberty, pursuit of happiness and security of private property. These rights are to be preserved above the rights of any group of two or more persons, provided that the Constitutional rights of that group have not been violated, in order that no democratic edict may usurp the rights of any individual. If the rights of each individual are not upheld, then none of us can be secure.

Private property is anything that has been purchased by an individual for lawful money and not explicitly excluded from our Constitution as ineligible for private ownership.

(Private property is anything that has been earned by somebody and legally possessed by the individual and not explicitly excluded by our Constitution as ineligible for private ownership.)mml


AMENDMENT XXIX

Proposed.

Section1.

(I suppose our culture or society is too infantile or immature to abandon the need for control or master over them through government.  That way we can avoid taking personal responsibility for our lives and play the blame game.  I would like to see the concept of “serverment” take the place of the word “government” That would recognize the full intent of a service organization  our  Constitution obviously  intended instead of a ruling or controlling organization like a kingdom.)

A Jury of twelve peers is now the supreme pillar of government (serverment) that supersedes the authority of the Judicial, Executive and Legislative branches. This amendment is intended to ensure accountability of all elected officials and government (serverment) employees. Jurors shall be of at least the age of twenty-five, randomly selected from census (until twelve willing servers are found and accepted who have no firsthand knowledge of the matter before the courts.  Unwillingness and resentment from force does not  provide beneficial services, IMO.) and are not to be excused for any reason other than poor physical or mental health with supporting medical certification, or first-hand knowledge of the matter before the courts. Jurors shall be paid what they earn at their present employment.  ( I do not understand the need for unequal pay for equal service.  The equal pay could be the highest of what any one juror’s earnings in his present employment.)ie:  Jurors shall be paid equally according to the highest of any one of the jurors’ earnings in his present employment.)  No elected official or private citizen shall be immune from standing trial by jury to answer to a sustained charge.

Section 2

The juror’s duty is to vote on the innocence or guilt of the charged person and on the Constitutional legitimacy of the charge itself. Jurors shall be the sole arbiters of what evidence will be ruled admissible or inadmissible and may directly question any plaintiff or defendant, the purpose being to arrive at the full truth.

Section 3.

The role of a judge in jury trials is to referee and impose order upon the proceedings, to ensure that the jury decisions and rationale are permanently recorded for judicial review in the public record, and to advise the jury when asked.

Section 4.

Lawyers are not required by either the plaintiff or defendant but either party may retain any councilor they so choose. If they desire but can’t afford council, the state will cover costs. The losing party must bear court costs and financial judgments awarded by the jury where applicable. This will serve as incentive to avoid litigation.

Section 5.

Juries will have only five basic verdicts; innocence, guilty but forgiven, guilty and financial restitution of twice the loss a plaintiff suffers, guilty and banishment from the community to at least two federal electoral districts away after participating in rehabilitation for a specified period, or guilty and death (or solitary confinement, choice to be made by the guilty within a specified period). If a person is charged and convicted a second time for substantially the same crime whose previous punishment was banishment or restitution, guilty and death (or solitary confinement as specified above) shall be the only verdict. Prisons are a breeding ground for criminality and a form of punishment. Our society desires rehabilitation. Criminal records will only be revealed to jurors in the event of a trial so that no citizen will be tainted in the eyes of his fellow man. Let it be known that our mercy is great but our tolerance is low.

Section 6.

All juries must submit a written verdict that articulates their reasoning per the requirements of the Constitution and any statutory law that further refines its meaning. If a statute is found by the jury to be in contradiction to the Constitution, the jury will find the defendant innocent, the statute will be struck down and no restitution will be awarded to any party.


AMENDMENT XXX

Proposed.

Section 1.

Anyone who swears an oath of office and then uses that office to undermine this Constitution of the United States is guilty of Treason.

Section 2.

Anyone who acts in collusion with any party described in Section 1 herein is also guilty of Treason.

Section 3.

Any charge of Treason will be heard by a Jury of twelve. The power of Impeachment will have no authority or jurisdiction over crimes of Treason.


AMENDMENT XXXI

Proposed.

To prevent election fraud, all election balloting is to be conducted as follows:

Voters must obtain a voter registration card that must be mailed in advance to the voter’s registered address to ensure the vote is applied in the correct constituency;

Each voter may only register in one constituency and administrative steps must be taken to ensure the principle of one person, one vote across the entire nation;

When a voter presents him or herself to vote, they must present valid photo identification and their voter registration card. An elections officer will validate the card against the voter list and confirm the voter’s identification with an indicated address that is in agreement with the voter registration card;

Confirmed voters will be given a ballot which contains the names of all eligible candidates, their political affiliation or party, any propositions, a unique ballot identification number and a carbon copy of the original ballot that shall serve as a receipt and proof of their voting decision;

All ballots shall be hand-counted at the voting station by at least three persons and at least two other persons shall witness the proceedings; if any count is in disagreement, there shall be a recount. The results of each ballot shall be entered into a national public database that is accessible by anyone via the internet;

Ballot boxes must not leave the room until they have all been counted, results entered into the national database or local computers for later upload if necessary, tally sheets for each candidate filled out and notarized by the chief elections officer at that voting station, scanned or photographed for later upload to a public database and then gathered into a container that clearly marks the voting station precinct information in indelible ink; the container to be locked with a tamper-proof seal;

Ballots and tally sheets will be sent to a central storage facility and retained for at least three months after the term of office commences, unless the vote is challenged; in which case they shall be retained for one year;

If there is suspicion of vote fraud, challengers must file a notarized Writ of Election Challenge to the county clerk which states the grounds for challenge. A county clerk filing notice must be presented to the county sheriff. The sheriff and challenger shall attend to the central storage facility to secure the premises and verify the integrity of precinct box seals, and commence the recount of each precinct with the chief election officers of each precinct in attendance;

Upon a recount, all precincts shall be recounted and any tally sheets in discrepancy with the originals will be filed on the national database just as the original counts were. If there are irregularities, the sheriff shall undertake an investigation and press any charges for election tampering if warranted.


AMENDMENT XXXII

Proposed.

Section 1.

The seventeenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.

To ensure fair elections and honorable conduct in legislatures, all elections must adhere to the following rules and procedures:

No candidate in any federal, state or local election may receive more than $10,000 from any (one adult citizen.  No money may be given to any adult citizens with the specified intent to support or vote for a specified candidate.  No corporations or any other organization has any rights as an individual to participate in elections whatsoever.  Otherwise members of organizations have more rights than anyone else.)  contributor, whether private or corporate and all contributions must be publicly disclosed;

No contributor (adult citizen) may contribute to more than one particular candidate per election;

All candidates will be afforded campaign funding in their electoral district as follows on a daily basis: One quarter-page advertisement in every district newspaper, Four one-minute television spots on every district television station with two in prime time and two in the next best time slot, One sixty-second spot per hour on each radio station;

Advertisements will commence sixty days prior to an election;

An invitation to every publicized debate established for candidates running for that particular office.

Candidates are free to use the internet to campaign any way they see fit and the costs of hosting that campaign on a web server to a maximum of $100,000 will be borne by the state with the provision that only one domain name will be supported and advertising their site on other sites will be constrained to $10,000;

Any act of bribery, unreported campaign contribution or unreported coercion will be considered an act of Treason and all parties to it will face the same punishment;

No political candidate may serve more than one term of office in any federal, state or local government serverment;

The electoral districts for the House of Representatives shall be evenly divided according to population within one percent, based on the last 10 year census and reallocated within a year of the completion of that census; first with regard to state boundaries and then with states immediately adjacent so that where possible the electoral district will be contained within a single border.


AMENDMENT XXXIII

Proposed.

Section 1.

Any government (serverment) civil servant or elected official who engages in an act of malfeasance shall not be immune to prosecution. Any offended party may lay a charge and have them brought to answer at trial before a jury of peers.

Section 2.

Any government (serverment) civil servant or elected official who engages in an act of misfeasance shall not be immune to sanction or prosecution. Any offended party may report the employee to the employee’s supervisor or to their elected representative and that employee will be advised of the complaint. Repeated offenses will be grounds for termination. The intent of this clause is that our government (serverment) employees are to be servants and not abusers of the people they were hired to serve.

Section 3.

The president of the United States shall not have Power to grant Reprieves and Pardons for Offences against the United States for any reason whatsoever.


AMENDMENT XXXIV

Proposed.

Section 1.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; Congress shall make no law or engage in any act abridging the freedom of speech, or of the press;

Section 2.

The people reserve the right to peaceably assemble in any public place and for any reasonable duration of time as long as it does not effectively block a thoroughfare and such assembly does not lead to the permanent defacing or destruction of public property; the people may petition the government (serverment) for a redress of grievances and any petition containing five thousand signatures or more must be immediately and publically responded to. Such petitions must pre-empt any government serverment business at hand so that the will of the people is not frustrated by an unresponsive government serverment. If a second petition must be presented by the people for substantially the same grievance, a Jury shall be assembled and those elected officials in government (serverment) responsible for acting in bad faith will be held accountable; the Jury’s ruling shall be final.

Section 3.

No legislation will be voted on within either the Senate or House of Representatives without there being at least two thirds of the representatives of each respective House being present. All legislators present must vote Yea or Nay. Abstentions are not permissible.


AMENDMENT XXXV

Proposed.

Section 1.

The sixteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.

The Internal Revenue Service and all tax courts are hereby dissolved, effective immediately.

Section 3.

Section 4 of the fourteenth article of amendment to the Constitution of the United States is hereby repealed.


AMENDMENT XXXVI

Proposed.

Section 1.

 No person shall be required to pay property tax on any possessions. Any real property purchased in consideration of full payment or acquired by any other lawful means shall be deemed held in allodium by such person and titled accordingly. (????) If a real property has been pledged as collateral for a loan and misfortune should befall the owner so that the real property must be surrendered to satisfy the loan, the real property shall revert back to the owner on the jubilee year that shall fall at the turn of each century and the start of the 50th year of each century. In the event of foreclosure and until the next jubilee, the creditor shall have unencumbered use of the collateral real property.

Section 2.

All sales of real property must be approved by abutting neighbors, as a concession, so as to preserve their property values if the real property is to be rezoned for any purpose other than as used by the present owner  (If any real property is to be rezoned for any purpose other than as used by the present owner, such sales of real property must be approved by abutting neighbors, as a concession, so as to preserve their property values.)   In the event a property is abandoned as unoccupied for a period of seven years or more, any third party may file a petition with the county to acquire the property and after filing appropriate notice to the present titled owner, the county will issue a quit-claim deed and affect the transfer of ownership. If land is owned, it must be put to the use for which it was acquired within seven years or it must revert back to county ownership.

Section 3.

It is explicitly delegated as the county’s duty as administrator of public lands to ensure that all those residents who desire property for a homestead shall be satisfied but that such decision to allocate particular tracts of land will be weighed in the best interests of the county at large and for the preservation of nature. Any administrator who accepts any bribe and any person who offers such bribe with respect to land homesteading will be guilty of Treason.

Section 4.

All property presently titled in the name of any government (serverment) jurisdiction hereby reverts to the beneficial owner.

Section 5.

No private property may be expropriated by any government (serverment) authority for any reason whatsoever, unless by the full consent and satisfaction of terms which are to be dictated solely by the lawful owner. Furthermore, the same consent and satisfaction of terms must be granted and received by all the abutting property owners lest their property values be diminished by the use for which it is being expropriated without receiving just compensation.

Section 6.

All land presently deemed federal or state public land is hereby acceded to the counties in which each tract of land presently resides. If there be no county interest, the land shall be evenly partitioned and granted to the abutting counties within state lines. Each county government shall administer the land and decide its best use in consideration of the best interests of its immediate residents.

Section 7.

A person’s labor is that person’s private property and held in allodium.

Section 8.

All fictitious persons, also known as nom de guerre or natural persons attributable to flesh-and-blood human beings are hereby declared null and void. All legislation that presently refers to persons or natural persons shall be deemed to refer to a human being.

Section 9.

The Fourteenth Amendment Section 1 is hereby rescinded in its entirety as a violation of the previous section amendment. There is only one form of citizenship in the United States of America and that is the citizen of the State in which they are born who is also by extension a citizen of these several United States.

Section 10.

All District of Columbia jurisdictions are hereby granted statehood. The federal capital of Washington is a state that has the special distinction of being the seat of the federal government.

Section 11.

All Native American Indian treaties that have ever been entered into shall be brought forth by surviving tribe members who can prove their heritage and the treaties will be honored to the fullest extent possible. If they cannot be honored for practical interests that meet the greater good of all affected parties, an alternate treaty will be renegotiated that meets the spirit and intent of the original treaty. Public lands are appropriate negotiable lands for treaty settlement purposes. Treaty lands will be in the same states of the original grant and be of a character and quality that was originally granted. Any disputes will be resolved by a jury of 12 of which half shall come from the tribe population and half from the electoral district in which the dispute occurs and members will be selected at random per article XXIX.


AMENDMENT XXXVII

Proposed.

Section 1.

The National Credit Office is hereby established and commissioned as follows:

Regulate the issuing and retiring of all of the nation’s supply of money with the express goal of optimizing the efficiency of the nation’s consumption of its own production;

Pay for its own operations out of funding issued by itself based upon an approved budget;

Provide all funding necessary for the operation of all federal, state and local governments; to be issued to same upon ratification of their budgets by their duly elected legislative assemblies;

Operate autonomously from all other branches of government so as not to be under any external corrupting influences. Any officer or employee of the National Credit Office who is found guilty of committing any act of misfeasance shall be terminated immediately. Any officer or employee, along with any external accomplices found guilty of engaging in any act of malfeasance shall be guilty of Treason;

Establish a Bureau of Economic Statistics that shall measure on a quarter-annual basis: The costs of production attributable to wages, earnings, dividends and any other expenditures that put purchasing power directly into the hands of domestic consumers; All other costs of production which by definition do not add consumer purchasing power; The cost of all goods and services produced which presumably add up to the sum of the first two statistical items and thus the amount of effective demand needed in the economy; The price of all goods and services consumed by the nation; The price of all goods and services imported and exported; The ratio of production to consumption to assist in regulating the issue of effective demand;   (I have my doubts that any of this complication  is necessary except  as  interesting information. )  The prevailing prices of a standard list of accepted necessities such as wheat, corn, common meat, common vegetables, minimal housing, clothing, energy, etc.  to obtain an average price (price index) for one period compared to another period to measure the stability of prices.  The dividend flowing equally to every adult citizen will be adjusted accordingly to stabilize the prices. )  The ratio of imports to exports to assess the balance of trade;

Establish a Bureau of Imports and Exports whose mandate is to ensure that the nation’s trade with partner nations is balanced and fair. This bureau is empowered with the ability to levy import and export taxes to enforce fair trade policy;

Establish a bureau of bank regulation to audit and monitor the nation’s banks to ensure that they lend money at interest only in proportion to funds on hand;

Issue interest-free loans to producers and consumers with the express mandate of maximizing the nation’s self-sufficiency in every industry, by optimizing the efficiency of the nation’s production of goods and services and encouraging domestic production of all of the nation’s wealth, so as not to be beholden to any foreign nation.;

Issue any shortfall in effective demand needed by consumers to meet the price of producers; to be paid into circulation as a national dividend to every citizen over the age of eighteen and as a national sales credit payable only to residents of the nation for the purchase of consumer goods and services. National dividends shall be credited directly to the domestic bank accounts of residents as so directed by them. National sales credits shall be credited directly to consumers at the point of purchase.   (I see no need for sales credit complication)  Administrative steps must be taken to prevent fraud. Any conviction for fraud will result in the suspension of the National Dividend of the guilty party or parties for not less than one year for the first conviction and an additional year added for every conviction thereafter, in addition to restitution judgment as the jury sees fit.

Section 2.

The National Credit Office shall be reviewed annually by a random Jury of twelve people who:

Appoint independent auditors at their complete discretion who will be empowered to fully scrutinize all of the computers, records, contracts, documents and any information they deem necessary to conduct a thorough review;

Approve the next year’s funding budget as submitted by the National Credit Office;

File criminal charges against any person or persons found engaged in any acts of malfeasance with respect to the integrity of the nation’s money supply;

Fire any person or persons found engaged in any acts of misfeasance;

Review the accounting firm’s findings and recommendations and release a public report summarizing all of their collective findings.

Section 3.

The Federal Reserve Act and all subsequent revisions are hereby repealed and the Federal Reserve is hereby ordered dissolved. All currency issued to the public, but not in the possession of banks and financial institutions, as Federal Reserve Notes will be converted to money issued on par by the National Credit Office, as will all bank deposits of US residents. Fractional reserves are hereby outlawed. Money may only be loaned at interest which is actually on hand by the lender and whose use of same has been given up to the creditor.

AMENDMENT XXXVIII

Proposed.

Section 1.

The following sentence shall be added to all oaths of office; “I hereby renounce all oaths I have previously taken and the benefits afforded by them in favor of this higher office and higher cause. I hereby declare those previous oaths to be <then specify>.” A violation of the oath of office is an act of Treason and shall be dealt with accordingly.

Section 2.

The 22nd amendment Section 1 shall be further amended to allow only one term of office for the President and Vice President. All Congressmen, Senators and Supreme Court justices are also to only serve a single six-year term of office and will be ineligible to hold that office for a second term.

AMENDMENT XXXIX

Proposed.

Executive orders of our Presidents are edicts of a king and they have no place in our Republic. All executive orders issued to date are hereby declared null and void. No executive orders are permissible by any elected official or holder of any public office from this day forth.

AMENDMENT XXXX

Proposed.

Section 1.

All legislation proposed by the House of Representatives and the Senate shall contain of only one essential item of business. No tagging of unrelated appropriations or legislation is permitted. Each piece of legislation shall be preceded by a single cover page that concisely states the purpose and substance of the bill.

Section 2.

All statutory laws that have been written to date and that contain more than one essential item of business per Section 1 shall be declared null and void.

(After suggesting my changes, I received this response from Dean Malone:)

Sent: Tuesday, March 20, 2012 2:36:27 PM
Subject: RE: [chdouglas] RE; Some suggested changes

Thank you for the input. The simple fact is that these are just proposals. Obviously, the notions will be debated and reshaped until a consensus is arrived at and there is obviously no guarantee that any of these amendments will ever get implemented. I’m just another arse with an opinion and these amendments shape mine. It is clear from your suggestions that you at least agree with the intent of these proposals. There were none you flat out disagreed with. I’m glad to know I am not the only one who has these thoughts. I won’t be changing them since the book is substantially completed and your recommendations don’t fundamentally reveal flaws in my reasoning.

On the death or solitary confinement point, it is my intention that prisons be eliminated. You do the crime, you pay the price. It’s not like you didn’t know the consequence from the outset. That’s the consequence of this amendment. No jails and zero tolerance. If the jury believes you can be rehabilitated you live – but under the terms they offer you. If you don’t like the terms, tough. You gave up your say the instant you did the crime. Liberty is the freedom to do whatever you want AS LONG AS YOU DON’T VIOLATE THE LIBERTIES OF OTHERS. If you violate that boundary, you answer for it with the prescribed price. Death is a possible consequence.

I like the idea of excluding corporations from making campaign contributions. I think I’ll incorporate it.

Serverment is not in the dictionary, so sorry but no.

Your idea of using an index has already been tried and found wanting in the balance. If my formula looks complicated, just think about it a bit longer and you’ll see the value. It is a more scientific and mathematically implementable method IMO.

On national sales credits, there are 2 ways – give it to the buyer or give it to the seller. I say give it to the buyer. Less prone to fraud.

Thanks!

Dean