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New bill!

RepairRestoreSafeguard announces a new model statute: The Chapter 115 Restoration Act.
Most of the listings here only show a bill's active text, but the following is a rough draft of the new bill in its entirety.

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The Chapter 115 Restoration Act

Section 1. Title.
This Act will be titled An Act to Restore Compliance with Article I, Section 5 and Article III, section 3 of the Constitution of the United States, and with its Amendments I, IV, V, and XIV, to Chapter 115 of Title 18 of the United States Code.

Section 2. Short title.
THE CHAPTER 115 RESTORATION ACT
This Act may be cited as “The Chapter 115 Restoration Act.”

Section 3. Findings and Purposes.

Restoring compliance with Article I, section 5 and Article III, section 3 of the Constitution, and with its Amendments I, IV, V, and XIV, to Chapter 115 of Title 18 of the United States Code is a constitutionally-mandated task that requires repealing certain sections and replacing others. Statutes that violate these clauses also violate related clauses. This Act’s primary purpose is to clarify what Article I, section 5, Amendment XIV, sections 2 and 3, and Article III, section 3 express, to enact the Constitution’s require-ments for their use and to cure defects.
First, to review history. In 1861 11 states seceded and recalled their senators. 10 withdrew from the Senate. One supported the Union and continued to serve. 11 others, believing the Constitution upheld secession, simply left. Those eleven were expelled for leaving without withdrawing. When Congress in 1865 temporarily refused to seat the members who had withdrawn, that refusal to seat was authorized under Article I, section 5 while Congress, the President and the people debated what to do about all state and federal officers who had abandoned government posts to join the Confederacy. 
Next, we review the text. Article I, section 5 expresses that either house of Congress may sanction its members or expel them. But this power is hemmed in by the people’s right to representation. Sanctions may not extend to reducing a state’s or district’s fundamental right to representation, although sanctions can encourage a district to elect someone new. If the House or Senate determines that conduct does not rise to the level of impeachment or even expulsion the greatest sanc-tion that can be imposed is stripping the member of committee leadership. While determining whether to impeach, expel, sanction or do nothing, at most the House or Senate can refuse to seat. This only bars the member from introducing or voting on bills or participating in speech or debate, and only until the determination is made. An elected representative can’t be prevented from repre-senting their constituents in other ways, such as maintaining offices in the Capitol, supporting bills, drafting bills, or asking other members to introduce or support bills they have drafted.
Amendment XIV, Section 2 says “the basis of representation therein shall be reduced” for only one reason, abridgment or denial of the vote. It does not say representatives may be elected but not seated. It states that there will be no House representation at all for the affected districts, (or in the alternative, reduced representation for that state as a whole, by redistricting it into fewer but larger districts) until the defect is cured. This section punishes the affected state or district itself for allowing unlawful disenfranchisement to happen. It is unique, the only clause in the Constitution that punishes a people. A people is a civic unit. The clause vests in the people of every state and district an enforceable civic responsibility for maintaining the vote.
Section 3 is not a nonseating provision either. It is an impeachment provision. It provides a cause for the House to impeach and the Senate to convict. It does not allow reducing any state’s or district’s representation. It does not punish a state or district because it addresses violations by government officers, not by the people. It applies to any officer of state or federal government, and expressly includes legislators, the military and Electoral College Electors as officers.
Article III, section 3’s definition of treason is narrow: levying war against the US, or adhering to our enemies, giving them aid and comfort. It expressly requires an overt act (with two witnesses, unless the traitor confesses in open court). Short of an act of war, the right to rebel against government is protected as such.
Title 18 of the US Code criminalizes specific related acts. 1751 covers killing, assaulting or kidnapping a president or person acting as president; 351 if it’s a member of Congress, the cabinet or the judiciary. 871 covers threatening a president. Terrorism is covered in Chapter 13B. And coup is encoded in the USMC. Chapter 115 may not duplicate these.
Now we can consider 18 USC Chapter 115.
18 USC 2381 and 2382 criminalize treason and misprision of treason.
18 USC 2383 violates the We the People clause, among others, by criminalizing rebellion against the government that does not meet the standard of treason expressed in Article III, section 3. First it violates the text by saying “whoever,” not “any person sworn or affirmed to the Constitution who.” The section can’t be used against laymen because while the Constitution establishes numerous crimes (such as piracy and counterfeiting), its only affirmative commands are to government. Section 3’s only lawful uses are impeachment of an officer or in grave cases their prosecution. Then 2383 invalidly criminalizes rebellion against “the authority of the United States,” not “the Constitution of the United States.” Amendment XIV section 3 criminalizes rebellion or insurrection against the Constitution itself. The definition of rebellion or insurrection is “the violation of a lawful command.”
18 USC 2384 violates multiple clauses. It has no content that does not violate and can only be repealed.
It conflates two offenses.
One of these, criminal conspiracy, is covered in another chapter of the Code, so 18 USC 2384 would be needlessly duplicative except that the statute establishes a new offense within the ambit of criminal conspiracy. But the Constitution does not allow criminalizing that particular conduct.
The Supreme Court correctly held in Brandenburg v Ohio, 395 US 444 (1969) that while certain kinds of speech can be considered “speech conduct” for certain statutes, and speech that incites action can be considered the speech conduct of “incitement,” incitement that falls short of inciting “imminent lawless action” remains an inalienable speech right protected by Amendment I’s Speech clause.
The courts have long held that to conspire to overthrow, put down, or destroy by force the government of the US, and so on, is lawful under the We the People clause because to conspire falls short of the standard of conduct required for treason, whose definition expressly requires an “overt act.” Speech conduct can only be criminal where law does not require an act.
The other offense, treason, is defined in Article III, section 3 and in 18 USC 2381 and 2382 so 18 USC 2384 would also be needlessly duplicative, except that it establishes a lesser charge of “seditious conspiracy” in an apparent attempt to evade Article III, section 3’s limitations. This Congress may not do.
The statute redefines treason as sedition to broaden it beyond what the text allows, in two ways.
The definition of sedition or subversive activity is “speech or conduct that incites people to rebel against a government or authority.” Since except for treason or rebelling against the Constitution, rebellion per se is protected and speech conduct does not rise to the standard required for treason, the only speech conduct that can be sedition is speech conduct rebelling against the Constitution by an officer. (In addition, speech or debate by members while in the Capitol is protected by Article I, section 6 and is excluded.) Since the definition of rebellion against the Constitution must include sedition, to criminalize it separately is needlessly duplicative.  
And even with a concrete action that uses force, to “prevent, hinder, or delay the execution” of ANY law of the US is not treason. That would make every single federal felony or misdemeanor also treason by only adding any kind of force - a neat reversal of the Constitution’s text! The courts have long held that the only federal statutes to which treason can be relevant are those that enable government to function, such as revenue laws. Conspiring to do so doesn’t give legislators a free hand to create a whole new standard exceeding textual limitations. To clarify the purpose of criminalization, this should be included in 2381.  And of course not any force will do. 2384 is overly broad on that as well. Force must rise to the level of an act of war. 
18 USC 2384’s final clause, criminalizing “by force to seize, take, or possess any property of the United States contrary to the authority thereof,” is needlessly duplicative because we already have statutes that criminalize robbery in another chapter of the Code. The identity of the victim of a robbery may not affect the degree of an offense, let alone establish a separate offense. No victim gets their own statute, not even the government. It violates Amendment XIV, section 1’s Equal Protection under the Laws clause.
Knowing all the preceding, it should be easy to see how 18 USC 2385 violates the same clauses.
18 USC 2386 violates the text by requiring some organizations to register with the Attorney General, in violation of Amendments IV and V. Only a warrant issued by a court upon evidence of probable cause authorizes government to search or seize laymen, and the public can’t be required to aid the government in obtaining probable cause. The Department of Justice must do its own job.
18 USC 2387 is constitutional for the most part. But the second clause of 18 USC 2387, sec 1 criminalizes trying to reduce military “loyalty” or “morale.” The Constitution does not and indeed can-not require troops to feel specific emotions. Many feel neither but serve perfectly well without them. And reducing military discipline by speech is impossible. Military discipline is instilled by drills to make it in part a physical rather than merely a mental response. For the same reason the word “disloyalty” must be removed from 18 USC 2388 sec 1.
To bring it into compliance with Amendment I the word “imminently” should be added.
18 USC 2389 and 2390 attempt an end run around the Treason clause’s expressed limitations by making enlistment a concrete action in itself. But because the Court has already ruled against that in other contexts, victims can bring a case for its review. This Act should not address it until then.

Section 4. Repeals and amendments.

(a) The title of Chapter 115 is amended as follows.
The words “Sedition and Subversive Activity” is removed from the title of Chapter 115. The words “, and Rebellion or Insurrection against the Constitution” are inserted after the word “Treason”. Chapter 115 of Title 18 of the United States Code is titled “Treason, and Rebellion and Insurrection against the Constitution”.

(b) 18 USC 2381 is amended as follows:
The words “Whoever prevents, hinders, or delays the execution of any United States law that enables the functioning of government, or gives aid and comfort thereto, is guilty of treason and shall be fined under this title  and imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.” are added after the word “States”.  
18 USC 2381 reads in its entirety “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States. Whoever prevents, hinders, or delays the execution of any United States law that enables the functioning of government, or gives aid and comfort thereto, is guilty of treason and shall be fined under this title  and imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.”   (b) 18 USC 2383 is amended as follows:

(c) 18 USC 2383 is amended as follows:
(1) The word “whoever” is struck from 18 USC 2383, and is replaced by the insertion of the words “any person sworn or affirmed to the Constitution who”.
(2) The words “the authority of the United States” are struck, and are replaced by the insertion of the wprds “the Constitution of the United States”.

(d) 18 USC 2384 is repealed in its entirety.

(e) 18 USC 2385 is repealed in its entirety.

(f) 18 USC 2386 is repealed in its entirety.

(g) 18 USC 2387 is amended as follows:
(1) In subsection (a) the words “the loyalty, morale or discipline of” are struck. The word "imminently" is added before the word "interfere".  
(2) In subsection (a)(1) the word “disloyalty” is struck.
(3) In subsection (a)(2) the word “disloyalty” is struck.
(4) Subsection (a) of 18 USC 2387 reads in its entirety:
“Whoever, with intent to imminently interfere with, impair, or influence the military or naval forces of the United States
(1)advises, counsels, urges, or in any manner causes or attempts to cause insubordination, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or
(2)distributes or attempts to distribute any written or printed matter which advises, counsels, or urges insubordination, mutiny, or refusal of duty by any member of the military or naval forces of the United States –
Shall be fined under this title or imprisoned not more than ten years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction."  

(h) 18 UC 2388 is amended as follows:
In subsection (a) the word “disloyalty” is struck.

Section 4. Definitions.


Article I, section 5 empowers either house of Congress to refuse to seat a member while the relevant house determines whether to impeach, expel, sanction or do nothing regarding that member’s conduct. Neither sanctions nor refusal to seat may reduce a state’s or district’s fundamental right to representation. Amendment XIV contains no nonseating clauses: its Section 2 addresses reduction of representation, and its Section 3 addresses impeachment and prosecution.

Section 5. Effective date.

This Act will take effect immediately upon passage and signature.


Section 6. Saving clause.

This Act affects rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

Section 7. Severability clause.

If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid ones.

END



The Fair Elections Act
 
Section 1.
To bring United States primary and general elections into compliance with Article 4, section 4 of the Constitution the United States and every State will guarantee safe, public, competitive, efficient and accurate elections. To ring the United States and every State into compliance with the We the People clause of the Constitution, no immunity will be asserted by either the United States or any state or any person for any violation of this Act. Abuse of any position in electoral process for any purpose, by a holder of federal, state or local office, a staffer, an employee or a private contractor for any part of electoral process, will be punishable by up to ten years in prison, in addition to any penalties for related charges. In addition, any person sworn or affirmed to the Constitution will be removed from office for abuse of any position in electoral process for any purpose.
If more than five states fail to meet the criteria in any section within two years of passage, Congress will establish national procedures within one year.
 
Section 2.
The Impartial Elections Act.
(a)      To bring United States primary and general elections into compliance with the Constitution of the United States, they will be held impartially by states, will be open to all voters, will equally accommodate all candidates including independent and write-in candidates, and in no statute, rule or practice will discriminate on the basis of interest or membership in an interest group, coalition, or political party. No candidate will hold more than one ballot line. Candidates will qualify for ballot lines by petition signed by a number of eligible voters in accordance with the laws of each state. An interest group, coalition, or political party may endorse candidates but will not nominate candidates.
(b)     Each state's Electoral College Electors for President and Vice President of the United States will be nominated during its United States congressional primary elections, and elected during its United States congressional general elections. Each state's ballot lines for President of the United States will be determined by nomination at primary elections held during its congressional primary elections. Each state's eligible voters may state preferences for President and for Vice President during its United States congressional general elections.
(c)      52 USC 30101, secs 1 & 16 now read: 
(1)     The term “election” means a general, special, primary or runoff election.
(16)  The term “political party” means a political association, committee, or organization.
 
Section 3.
The Voting Act.
The United States and every State will enforce the right of a citizen eighteen years of age to vote, not to vote, or to abstain regarding any office in United States or State elections, or any proposal in State elections.
 
Section 4.
The Ending Citizens United Act.
(a)      Judicial Rules.
(1)     To bring the United States and every State into compliance with the Establishment of Justice clause, only text intentionally included in an opinion of the United States Supreme Court, by a Justice of that Court authorized by it to do so, will have adjudicative, precedential or other value as an opinion or constitutional interpretation of the United States Supreme Court.
(2)     Neither the United States nor any State will recognize a status, right, privilege, immunity, or obligation established by a decision of a United States Court if that establishment used, as any part of the majority opinion, text that no judge of that Court intentionally included in that opinion.
(b)     To bring the United States and every State into compliance with Amendment XIII of the United States Constitution, property will not have personhood or any personhood right, power, privilege, or immunity.
(1)     No branch or level of government in the United States or its territories will confer personhood or its rights. Private property will not exercise any right, power, or immunity in the United States or its territories. Privileges may be granted to property but will not have the legal force of rights.
(2)     When persons assert any right, power, privilege or immunity as a group, this will not double those persons' rights, powers, privileges or immunities.
(3)     Any previous such conferral or such exercise, or state or United States action based on it, is void.
 
Section 5.
The Campaign Duration Act.
In United States and State elections, candidacy will be announced no sooner than nine months before the general vote. Campaigning and where applicable fundraising will commence no longer than nine months before the general vote, and no longer than three months before primary votes.
 
Section 6.
The Campaign Funding Act.
To bring the United States into compliance with: Article I, section 2’s Apportionment and Chosen by the People clauses, Article IV, section 2’s Equal Privileges and Immunities clause, Article IV, section 4’s Guarantee clause, Amendment I’s Freedom of Speech clause, Amendment XIV’s Equal Privileges and Immunities and Equal Protection clauses, and Amendment XVII’s Two Senators clause, no private money will be used in campaigns for United States offices.
To fund and certify United States campaigns, Congress will annually appropriate between one hundredth's-part and five hundredths'-parts of one percent of gross domestic product. In public view, Congress will first allocate in a uniform amount to each candidate registered with the Federal Election Commission but when repeating allocations will consider time, place and manner of speech, including repetition. Such allocations will fund all candidate speech and all candidate support and opposition, including signature drive, and these included in other promotion. Unspent campaign funds after the election will be returned to the budget. No tax, credit or obligation will be affected for provision of campaign speech.
 
Section 7. The Electoral Mechanics Act
(a)      Every State, territory and the District of Columbia will hold its congressional and Electoral College primary on the first Saturday in September. United States primary and general elections will include a two-week early voting period with convenient times, and the option of mailing in ballots. Every State, territory and the District of Columbia will notify registered voters of impending electoral periods.
(b)     Registration.
(1)     A Department of Voter Registration will be added to the Federal Election Commission. Voter registration will include name, date of birth, address, and Social Security number but will not include party affiliation. This Department will establish a program allowing voters to change the name or address on their voter registration, will provide information on how to register and vote at all government offices and online, and will update and certify the Voter Registration Roll monthly to prevent loss of franchise and guard against voter fraud.
(2)     All persons lawfully registered to vote in the jurisdiction of the United States on the first of January of the year following the year of passage will remain registered to vote until death. All persons born or naturalized in the United States after the first of January of the year following the year of passage who do not have a Social Security number will be issued a Social Security number, and on their eighteenth birthday will be registered to vote at their last address in any state or United States database, and will remain registered to vote until death.
(3)     The Voter Registration Roll for each State, territory and the District of Columbia will be provided to the electoral authorities prior to each election. Both the Department of Voter Registration and the electoral authority of each State, territory and the District of Columbia will secure the Voter Registration Roll against any other United States, state or local department or agency without subpoena and will establish safeguards for it.
(c)      Every State, territory and the District of Columbia will establish convenient polling locations and provide sufficient machines and poll workers to prevent any voter’s waiting for longer than one hour to vote, and reasonably accommodating voting by the elderly or disabled, in all languages used in that state and braille and audio. The States will guarantee absentee ballots in hospitals, correctional facilities, schools and all institutions, facilities or housing programs receiving federal funding. The design of ballots will be competitive, clear, and easy to tally. Poll workers will be nonpartisan. Every State will establish a standard for training poll workers that will prevent disenfranchisement or fraud.
(d)     Every State, territory and the District of Columbia will create and implement safeguards against loss of ballots including 'end-to-end' balloting and accounting for unused ballots. Tallies will be monitored and audited. No private person, organization or entity will govern the holding, tallying, monitoring, or auditing of elections.
(e)      Every State, territory and the District of Columbia will provide voter education on voting, issues, candidates, serving as a poll worker, and running for office. Every State, territory and the District of Columbia will encourage independent candidacy for United States offices and for Electoral College Elector and will simplify and ease ballot access procedures. To make ballots more competitive, only one ballot line per candidate will be permitted.





The Public Justice Act
 
Section 1.
To bring the United States into compliance with Article III's Judicial Power clause, a United States Act, or its equivalent by any name that affects any person’s rights, powers, privileges, or immunities, will be adjudicated by the United States judiciary except when cited in suits commenced or prosecuted against a State by citizens of another State or by citizens or subjects of any foreign State, and excepting United States military or militias when subject to military discipline. No court will exist in the executive or legislative branch or anywhere outside of the judiciary. No private court, arbitrator, et cetera, will adjudicate any case arising under the United States Constitution, United States or State law, or State constitutions.
 
Section 2.
To bring the United States and every State into compliance with Article III’s Judicial Powers clause and with Article I, section 5’s Secrecy clause, secrecy will be determined on a case-by-case basis by Congress. No secret court will exist in the United States or under its jurisdiction. Open investigations of crimes or torts will be publicly reported at least annually, but such reports will omit any name or identifying characteristic of any suspect or victim.    
 
Section 3.
To bring the United States and every State into compliance with Amendment I's Petition clause and with Amendments III and IV, privacy will not be a privilege granted to government action except as would inform an enemy of strategy in a declared war, or as would compromise an open criminal investigation. With these exceptions, neither the United States nor any State will oblige any person to secrecy. The existence of such secrecy will not itself be secret. Secrecy so obliged by the United States or any State will be subject to judicial review at the request of the obliged party. No public act or private agreement without exception will keep potentially criminal or tortious conduct secret, and relevant sections of existing acts or agreements that do so are hereby void.
 
Section 4.
To bring the United States into compliance with Article III’s Judicial Powers clause and with Article I, section 5’s Secrecy clause, the FISC is hereby disbanded and its records will be made public within thirty days of passage of this Act.

Section 5.

This Act will take effect immediately upon passage. Any violation of this Act will be punishable by not less than one year or more than ten years in prison. Any person sworn or affirmed to the United States Constitution who violates this Act will in addition be removed from any offices held. 




The Fairness in Broadcasting Act

Section 1.

All licensees will broadcast viewpoints regarding current controversies of public importance at least once a week. These may be in the form of investigative reports, discussions, paid advertising or unpaid editorials.

Section 2.

In doing so, the licensee will affirmatively endeavor to make its facilities available for the expression of contrasting viewpoints held by responsible persons with respect to the controversial issues presented but need not seek out such persons. No licensee who airs an investigative report, discussion or editorial presenting one view regarding a controversy will refuse to air a contrasting view by a responsible person at no charge.

Section 3.

No licensee who sells advertising regarding a controversy will refuse to sell comparable exposure at a comparable price to persons with contrasting views. A licensee who sells advertising regarding a controversy will facilitate the purchase of advertising by persons with contrasting views or the securing of airtime for unpaid editorials by persons with contrasting views, but need not seek out such persons.

Section 4.

A current controversy of public importance will be determined by:

  a. a period of public comment on an impending bill, regulation or court decision;
  b. advertising sold regarding a controversy;
  c. requests for editorial time by a person potentially affected by a controversy;
  d. requests for editorial time by a person credentialed or licensed in a field relevant to a controversy;
  e. requests, questions, or comments conveyed to the licensee by the public;
  f. advertising or editorial speech by a competing licensee or in other media; or
  g. personal views that the licensee wishes to express.

Section 5.

When personal attacks are made on persons involved in public issues, the licensee will, within one week, notify the person attacked, provide them with a copy of the broadcast, and allow them an opportunity to respond over the broadcaster’s facilities.

Section 6.

All licensees will maintain and publicly post current and accurate schedules of when such viewpoints will be aired and will provide these to the FCC at least two weeks in advance. The FCC will maintain and publicly post a current and accurate master schedule including all licensees’ schedules.

Section 7.

Licenses will be for one broadcast outlet. No licensee will hold more than one license.



The Integrity in Broadcast Licensing and Regulation Act

Any officer of the United States or of any State, not excluding legislators, who employs any unfair practice in licensing, regulating, or enforcing regulation of any broadcast outlet will be fined not less than $50,000 and imprisoned for not less than five years.



The Executive Powers Act

Section 1.

To bring executive action into compliance with Articles I, II, III, and VI, and with Amendments IX and X, unilateral Presidential action must meet these standards:

(a) It preserves, protects and defends the Constitution of the United States and complies with United States law and treaties, without amending any of these or reducing their applicability or enforceability.
(b) It does not impact the rights, powers, privileges or immunities of any person or grant any right, power, privilege or immunity.
(c) It is subject to judicial review.
(d) It is limited to the enumerated Presidential powers, and acts within their textual limitations:

(1) signing or vetoing bills.
(2) nominating, appointing, and commissioning officers with the advice and consent of the Senate;
(3) commanding the military and militias once in the actual service of the United States.
(4) requiring the opinion of the principal officer in any executive department.
(5) granting United States reprieves & pardons, except in cases of impeachment;
(6) making treaties with the advice and consent of the Senate.
(7) temporarily filling vacancies that occur while the Senate isn't in session.
(8) giving State of the Union addresses.
(9) recommending measures to Congress for their consideration.
(10) calling Congress into emergency session or adjourning them.
(11) sending and receiving ambassadors and other public ministers.
(12) taking care that the laws are faithfully executed.

Section 2.  

During a national emergency, after first calling Congress into extraordinary session if it is not in session, the President may take unilateral extraconstitutional action to safeguard national unity, justice, domestic peace, defense, the general welfare, or liberty if it will resolve or stabilize an emergency until Congress convenes. Any action issued under this exception will expire when Congress convenes or when the emergency no longer exists, whichever comes first.

Section 3. 

No executive department may do anything that the President may not do.

Section 4. 

To bring the United States into compliance with Amendment XXV, the standard of medical inability to discharge the powers and duties of the office of the President will rely on those used judicially to determine either (a) inability to sign a contract and be bound by its terms; or (b) inability to participate in one’s own defense. This will not prevent assignment of the powers and duties of the office to the Vice President when a compelling case exists of inability that is not medical, such as imprisonment of the President.

Section 5.

Violations will be investigated for removal from office within ninety days unless Congress has declared war. In time of war, the House may delay investigation of any violation, except those involving possible treason, for a period not longer than one fiscal year or until the war ends, whichever is soonest.

Section 6.

This Act repeals any provision that violates it in any Act, rule, policy, executive action, or practice.

 


The Government Accountability Act

Section 1. 

To bring the United States and every State into compliance with the Preamble of the Constitution of the United States, with Article II, section IV’s Impeachment clause, with Article VI, with Amendment I’s Petition clause, and with Amendment XIV, section 3's Rebellion against the Constitution clause, an executive, judicial or legislative office empowered under the United States Constitution will be conducted in compliance with the Constitution of the United States.

To bring the United States and every State into compliance with the Preamble’s We the People clause neither sovereignty, quasi-sovereignty, reliance on legal counsel nor reliance on an order will override or reduce the accountability to the Constitution or to the United States Code of an executive, legislative or judicial officer sworn or affirmed to the Constitution.

An Act, rule, policy or practice of the United States or of any State, District, or territory that aids in violating the Constitution or in the dereliction of any duty expressed in it will be void in that application. Neither the United States nor any State, District, or territory will commit, fund or authorize conduct by any person in any place that would fail to satisfy the United States Constitution if such conduct were done in the United States by an officer empowered under the United States Constitution.

An executive, judicial or legislative officer sworn or affirmed to the United States Constitution who violates this Act will be removed from any offices held, will be disqualified for any office of honor, trust or profit under the United States; and in addition will be civilly liable; and in addition will be criminally liable as follows.

Section 2.

This Act will supplement and will not repeal or amend existing law except where such law conflicts with this Act or reduces its applicability or enforceability.

Section 3.

To bring the United States and every State into compliance with the Preamble of the Constitution of the United States, with Article II, section 4’s Impeachment clause, with Article VI, and with Amendment XIV, section 3's Rebellion against the Constitution clause, an officer will in addition to the provisions in Section 1 be punished by a term of not less than ten years in prison without possibility of parole for knowingly committing, causing or contributing to any of the following:

(a) violating any clause of the Constitution.
(b) dereliction of any constitutionally expressed duty.
(c) violating any United States law or treaty, unless to enforce the Constitution.
(d) abridging or endangering the unity of the people or of the states.
(e) abridging or endangering public safety or the general welfare.
(f) abridging or endangering the people’s liberty or the liberty of future Americans.
(g) abridging or endangering the people’s right and power to ordain and establish government, or to access government.

Section 4.

To bring the United States and every State into compliance with the Constitution of the United States, an officer will in addition to the provisions in Section 1 will be punished by a term of not less than ten years in prison without possibility of parole for knowingly committing, causing or contributing to the establishment of injustice under color of any law.

Section 5.

For the purpose of this Act, knowingly committing, causing, or contributing to the establishment of injustice under color of law will be defined as either of the following:
(a) knowingly raising or lowering any person or property from their just condition in each situation. A just condition will be defined as having a basis in or conforming to any of the following:
(1) fact or reason.
(2) what is merited or deserved for or from a given person in each situation.
(3) any constitutional and lawfully ordained or established law or regulation or rule.
(b) knowingly committing any of the following:
(1) bribery;
(2) abridgment or denial of any person’s rights, powers, privileges or immunities by an act of United States, state or local government that is not made in writing AND passed by an elected legislature AND signed by an executive AND available to the public AND subject to judicial review AND subject to legislative repeal or amendment;
(3) fraud against a United States office.
(4) political fraud, coercion, or conflict of interest.
(5) making to the public, or to a paying audience for a public purpose, any false or misleading statement involving actual or proposed acts of the United States or of any State.
(6) accepting or soliciting any private money, present, benefit or promise. A benefit will include but not be limited to assistance with the exercise of an office.

Section 6.

To bring the United States and every State into compliance with the Compensation clauses in Articles I, II and III, the United States will fund the direction of exercise of its offices. In addition to impeachment or punishment, restitution to the United States will be made for Section 5 violations. No proximate victim will be required to enforce this Act, but damages will not be awarded for violations without a proximate victim.

Section 7.

To bring the United States into compliance with Amendment I’s Petition clause, any person may file grievances or tips concerning possible United States officer misconduct or inability with the House of Representatives, or with any United States office.

Section 8.

Referral of Possibly Impeachable Conduct. To bring the United States into compliance with Article I, section 2's Sole Power of Impeachment clause, no Act, rule, policy or practice will remove all or any part of the power or duty to investigate potentially impeachable conduct from the House of Representatives. When any officer sworn or affirmed to the United States Constitution, or any employee of the United States, obtains or becomes aware of evidence or information indicating that an executive, legislative or judicial officer sworn or affirmed to the Constitution may have engaged in conduct warranting impeachment, or that any inability to perform the relevant office exists, regardless of action taken or in the course of other action that officer will immediately refer the information, grievance or tip, with copies of all accompanying papers, evidence and documentation, and a record of any associated proceedings, to the House of Representatives.

Section 9.

Referral of Possibly Criminal Conduct. When any officer sworn or affirmed to the United States Constitution, or any employee of the United States, obtains or becomes aware of evidence or information indicating that an executive, legislative or judicial officer sworn or affirmed to the Constitution may have engaged in conduct warranting criminal investigation, that officer will immediately refer the information, grievance or tip, with all accompanying papers, evidence and documentation, and a record of any associated proceedings, to the United States Attorney of the district where the conduct occurred, and will in addition file a grievance with the House of Representatives. No investigative or enforcement procedure will prevent any law enforcement agency’s acting on information or evidence of violations of the United States Code or the United States Constitution.

On request of either House of Congress, the United States Attorney will provide copies of information, papers, and documentation within forty-five days. Should the subject be a member of Congress, the Attorney General will notify the House Committee on Oversight, and copies of information, papers and documentation may be withheld for not more than one hundred and eighty days.

Section 10.

Procedures will be established within one year of passage of this Act.

(a) Initial review and preliminary investigation. The House Committee on Oversight will read these grievances with due care within sixty days and will open an investigation into possibly impeachable conduct within one hundred and twenty days of receipt. Preliminary Committee investigations will take no longer than ninety days, at which time the Committee will report its findings to the full House.
(b) Criminal Referral. Any evidence of criminal conduct will be immediately referred to relevant law enforcement, with all accompanying papers, evidence, and documentation. The House will retain copies for its impeachment investigation.
(c) Specialized Referral. Under the supervision of the House of Representatives, specialized investigatory offices or departments may conduct preliminary investigations concerning matters under their jurisdiction. Possible officer misconduct or inability will be immediately reported to the House Committee on Oversight.
(d) Other Referral. The House may refer grievances or tips that appear unlikely to concern impeachable conduct to other investigative offices.
(e) To remain within Article I, section 5’s Expulsion clause, possible minor misconduct, to the level of disorderly conduct, by members of Congress will be investigated and addressed in the relevant House of Congress.
(f) Any grievance or tip finally addressed by any extracongressional procedure, or otherwise disposed of during its course, is subject to review by Congress for evidence of possibly impeachable conduct.
(g) The House Committee on Oversight will maintain a public list of investigations of possible United States officer misconduct or inability, redacting the names of persons or entities; and of civil and criminal investigations of possible United States officer misconduct by state or local law enforcement or any office under the Attorney General’s jurisdiction. The list will be updated every ninety days.
(h) Review on Request. The House will, on any individual's request, review any grievance or tip finally addressed by any extracongressional procedure, or otherwise disposed of during its course, for evidence of possibly impeachable conduct.
(i) Oversight. The House will, on any individual's request, review any grievance or tip finally addressed by any extracongressional procedure, or otherwise disposed of during its course, for evidence of possibly impeachable conduct in its investigation or address.

Section 11.

A person who retires, resigns or is fired while under investigation, or subsequent to impeachment but before trial in the Senate, or during a Senate trial, will forfeit eligibility to hold and enjoy any office of  honor, trust or profit under the United States and will remain liable and subject to civil or criminal prosecution.

Section 12. 

To bring the United States and every State into compliance with Article II, section 4, the Preamble’s Petition clause and the United States Code, any person who renders anonymous to Congress or a United States court any violation of the United States Constitution or the United States Code committed, funded or authorized by the United States or by any State, District, or territory will be punishable for conspiring to commit the relevant action in addition to any other charges. If such anonymity obstructs any other prosecution, prosecution may proceed on this charge alone.

Section 13.

Prohibition of Unnecessary Delay.

(a) No congressional or extracongressional procedure will delay or prevent impeachment.
(b) When a person sworn or affirmed to the United States Constitution has been charged with any tort or crime, if the House of Representatives fails to conduct an impeachment investigation within ninety days the Speaker of the House will be subject to Section 1 punishment.
(c) When a person has been impeached, if the Senate fails to conduct a trial within ninety days, the President of the Senate and the President Pro Tem of the Senate will be subject to Section 1 punishment.

Section 14.

This Section supplements and does not replace the other Sections of this Act. This Act amends The Judicial Improvements Act of 2002, 28 USC 351 et seq., formerly The Judicial Conduct and Disability Act of 1980, 28 USC 372(c). This Act does not reduce liability under The Judicial Improvements Act of 2002 for any conduct not addressed in this Act. This Act repeals and supersedes any provisions of The Judicial Improvements Act of 2002 that regard the following:
(a) Standards for good behavior. A United States judicial officer will in addition to the provisions in Section 1 be punished by a term of not less than one year or greater than twenty years, for, subsequent to swearing or affirming the oath of office, knowingly committing, causing or contributing to any of the following, or for upholding any conduct empowered under the United States Constitution that knowingly commits, causes or contributes to any of the following:
(1) violating any state or local law, or any rule of procedure, unless to enforce the Constitution or United States law.
(2) significant mismanagement, waste of funds, or abuse of authority.
(3) honoring any status, right, privilege, immunity, or obligation established by a decision of a court if that establishment used any text that no judicial officer of that court intentionally included in that decision.
(4) violating any provision of the Code of Conduct for United States Judges that does not conflict with the Constitution or this Act;
(5) trading votes in cases judged by panel or voting for any other reason except being persuaded that so voting correctly resolves the instant case.
(6) failing to personally read or evaluate any case including cases applying for certiorari.
(b) All United States judicial officers, not excluding Justices of the Supreme Court, will be subject to the same rules of conduct. In addition, to bring the United States Supreme Court into compliance with Article III, sec 2’s Judicial Power clause and with Amendment I’s Petition clause, the Supreme Court will:
(1) address any petition that arises under the Constitution, United States law, or United States treaties unless expressly excepted in the Constitution.
(2) take as controversies, without a proximate victim, claims that government action may have amended the Constitution without the Article V process.
(c) No judicial officer will be afforded lenience that would not be afforded to a person who is not a judicial officer.
Congressional procedures for investigation of judicial officers will be the same as for any officer sworn or affirmed to the United States Constitution.

(d) Referral. The House of Representatives may refer grievances or tips about judicial officers that appear unlikely to concern impeachable conduct to the relevant Circuit or to the Judicial Conference of the United States for further investigation. Any grievance or tip finally addressed by any extracongressional procedure, or otherwise disposed of during its course, is subject to review by Congress for evidence of possibly impeachable conduct.

(e) Investigative procedure. When the House refers a grievance or tip to the relevant Circuit or to the Judicial Conference of the United States for further investigation the following three changes will be made to existing investigative procedure.
(f) Both the judicial officer whose conduct is the subject of a complaint under this chapter and the complainant will, if feasible, be afforded an opportunity to appear (in person or by counsel) at proceedings conducted by the investigating panel, to present oral and documentary evidence, to compel the attendance of witnesses or the production of documents, to cross-examine witnesses, and to present argument orally or in writing.
(g) The judicial council of the circuit will release a copy of a report of a special investigative committee under section 353(c) to the complainant whose complaint initiated the investigation by that special committee and to the judicial officer whose conduct is the subject of the complaint.
(h) A complainant, a chief judge, the judicial council of the circuit, the Judicial Conference of the United States, or the Senate or the House of Representatives by resolution, will release any material requested to an impeachment investigation, criminal investigation or trial of a judicial officer under Article I of the Constitution.
(i) Rules. Rules implementing this Act in any procedure investigating or addressing conduct by judicial officers, and any instructional or other materials pertaining to this Act provided to any person in consequence of it, will state
(1) that any grievance finally addressed by any procedure investigating or addressing conduct by judicial officers or otherwise disposed of during its course is subject to review by Congress.
(2) that any person may petition the House of Representatives directly at any time with evidence of possibly impeachable conduct.
(3) that no investigative procedure will prevent any law enforcement agency’s acting on evidence provided to them by any person; and
(4) that no congressional or extracongressional procedure will prevent impeachment.

Section 15.

In accordance with Article I, section 6, speech, and debate may be impeachable violations of this Act or may provide evidence of other impeachable violations of this Act.

Section 16.

For the purpose of this Act rebellion against the Constitution will be defined as an act by or including any person sworn or affirmed to support the United States Constitution that knowingly:
(a) fails to carry out a constitutional mandate;
(b) reduces or defeats the ability of a United States office to carry out a constitutional mandate; or
(c) reduces or defeats the ability of a United States office to carry out a Preambular purpose.

Section 17.

For the purpose of this Act fraud against a United States office will be defined as a knowing deception by or including any officer of the United States, relevant to the People’s business, directed at any office of the United States, that in fact deceives any officer of the United States. To comply with Article I, section 6 speech or debate, defined as words spoken on the floor of a House of Congress except for the text of any act of government, will be excluded from the criminal act of fraud against a United States office but will be included in the impeachable act of fraud against a United States office.

Section 18.

For the purpose of this Act lobbying will be defined as any compensated private conduct that is reasonably likely to influence any executive, judicial or legislative office empowered under the United States Constitution, or that is reasonably likely to be intended to exert such influence. No minimum amount of lobbying will be required to define a lobbyist.

Section 19.

To bring the United States and every State into compliance with Amendment XIII of the Constitution person will in all cases be defined as excluding owned property.

Section 20.

There will be no statute of limitations for prosecuting violations of this Act.  

Section 21.

No provision in this Act will prevent any civil or criminal prosecution or will prejudice any person's right to other legal action




The Truth and Accuracy Act

Section 1.

False or misleading content in statements to the public, or to a paying audience for a public purpose, involving actual or proposed acts of the United States or of any State, will be punished as criminal fraud against the United States.

Section 2.

No proximate victim will be required to enforce this Act. Damages will not be awarded for violations without a proximate victim.
 



The Public Justice Act
 

Section 1.

To bring the United States into compliance with Article III's Judicial Power clause, a United States Act, or its equivalent by any name that affects any person’s rights, powers, privileges, or immunities, will be adjudicated by the United States judiciary except when cited in suits commenced or prosecuted against a State by citizens of another State or by citizens or subjects of any foreign State, and excepting United States military or militias when subject to military discipline. No court will exist in the executive or legislative branch or anywhere outside of the judiciary. No private court, arbitrator, et cetera, will adjudicate any case arising under the United States Constitution, United States or State law, or State constitutions.

 Section 2.

To bring the United States and every State into compliance with Article III’s Judicial Powers clause and with Article I, section 5’s Secrecy clause, secrecy will be determined on a case-by-case basis by Congress. No secret court will exist in the United States or under its jurisdiction. Open investigations of crimes or torts will be publicly reported at least annually, but such reports will omit any name or identifying characteristic of any suspect or victim.    

 Section 3.

To bring the United States and every State into compliance with Amendment I's Petition clause and with Amendments III and IV, privacy will not be a privilege granted to government action except as would inform an enemy of strategy in a declared war, or as would compromise an open criminal investigation. With these exceptions, neither the United States nor any State will oblige any person to secrecy. The existence of such secrecy will not itself be secret. Secrecy so obliged by the United States or any State will be subject to judicial review at the request of the obliged party. No public act or private agreement without exception will keep potentially criminal or tortious conduct secret, and relevant secs of existing acts or agreements that do so are hereby void.

 Section 4.

To bring the United States into compliance with Article III’s Judicial Powers clause and with Article I, section 5’s Secrecy clause, the FISC is hereby disbanded and its records will be made public within thirty days of passage of this Act.


Section 5.

This Act will take effect immediately upon passage. Any violation of this Act will be punishable by not less than one year or more than ten years in prison. Any person sworn or affirmed to the United States Constitution who violates this Act will in addition be removed from any offices held. 

 

The Public Petition Act
 

Section 1.

To bring the United States into compliance with Amendment I’s Petition clause, any person may petition either House of Congress to redress a problem with a statute.

a. Congress will establish a webpage for public petitions. The webpage will include:

  1. instructions for petitioning Congress;
  2. a petition form;
  3. a clear, comprehensible and cross-referenced list of topic headings for the public’s use;
  4. a list of current petitions by topic;
  5. a way for other members of the public to indicate support for or opposition to the petition;
  6. Standards for accepting or rejecting a petition.
  7. Congress’ procedures for addressing petitions.
  8. Tracking of petitions’ progress.

b. The petition form will include:

  1. Space for the problem the petitioner wants Congress to address.
  2. Space for the general rule: State the main solution you want a law to enact.
  3. Space for any exceptions: Describe any persons or things to which the main solution does not apply.
  4. Space for any special rules: Describe any persons or things to which the main solution applies in a different way or for which there is a different message.
  5. Standards for accepting or rejecting a petition.
  6. Information on where the petition will be posted.
  7. Congress’ procedure for addressing petitions.

c. Every petition filed will use the appropriate heading or headings, to a maximum of five.


d. In the House of Representatives, a person will file a petition with the Representative for that person’s district. In the Senate, a person will file a petition with either Senator for that person’s state.

e. On receiving a physical or online petition, the member will briefly review it.

  1. Any petition that indicates a need for law enforcement will be referred to the Attorney General.
  2. Any petition that is unclear will be returned to the petitioner with a request for clarification.
  3. Any petition regarding possible impeachable conduct will be referred to the House Committee on Oversight.
  4. All other petitions will be added to the list of public petitions in the order received.

Section 2.

Procedures will be established within one year of passage of this Act, to include at least.

a. A period of time for public comment.
b. A period of time within which the relevant committee will review a petition.
c. A procedure for addressing petitions.
d. Standards for accepting or rejecting a petition.
e. Review on Request. Either House will, on any individual's request, review any petition rejected, addressed without passage of a statute, or otherwise disposed of during its course.



The Appointment and Staffing Act

 
Section 1. 

To preserve the inalienable right of self-governance and to comply with the Preamble’s Establishment of Justice clause, all congressional committees will provide direct access to all United States residents. No third party will be required to access any member of Congress on matters relevant to a committee on which that member sits, regardless of state or district.

Section 2.

Congressional staffers will be chosen by merit in a nonpartisan competitive process and may unionize. Congressional staffers will convey all matters raised by the public to the member of Congress under whom they serve.

Section 3.

To necessarily and properly amend the Civil Service Reform Act of 1978, Pub L 95-454 (1978) in conformance with Article I, section 8, the Article II, section 2 powers of Appointment and of Advice and Consent to Appointment to any position  are hereby established as exerciseable only in a manner consistent with the Equal Protection clause of Amendment XIV, section 1, with Amendment I’s Assembly clause, with the Compensation clauses of Article II, section 1 and Article I, section 6, and with the Preambular requirement to exercise government power in a way that establishes justice. To consist with such clauses and to promote the efficient and effective exercise of government, such powers will be exercised in this manner:

a. The President or President-elect will not unnecessarily delay opening applications and will, in all cases except an officer’s sudden death, open applications prior to vacancy. Because refusal to nominate or appoint constitutes Rebellion or Insurrection Against the Constitution’s text, a President who fails to open applications within 30 days of vacancy except in a state of emergency will be removed from office.
b. The President will first review applications from the twenty highest-ranking officers currently serving in the relevant department, agency, bureau or other office who have served in the relevant department, agency, bureau or other office for a minimum of ten years.
c. Should all of the preceding officers fail to qualify or choose not to apply within the next 30 days, application will be opened to all currently serving officers who have served in the relevant department, agency, bureau or other office for a minimum of five years.
d. Should all of the preceding officers fail to qualify or choose not to apply within the next 30 days, application will be opened to all applicants.
e. The President will provide all applicants, in writing, with the reasons for their failure to qualify.
f. Party affiliation or other association will not be a factor in the exercise of the aforementioned powers.
g. The Senate will not unnecessarily delay hearings or confirmation. Because refusal to hear applicants constitutes Rebellion or Insurrection against the Constitution’s text, a Senator who fails to attend will be removed from office.

(h) The Senate will consider each nominee as a separate nominee.


Section 4.

Any violation of this Act will be punishable by not less than one year in prison and in addition by removal from office. Violations will be investigated for removal from office within ninety days unless Congress has declared war. In time of war, the House may delay investigation of any violation, except those involving possible treason, for a period not longer than one fiscal year or until the war ends, whichever is soonest.

 


The Balancing Power in Congress Act

To bring the United States into compliance with Article I’s Apportionment clause, Article IV's Guarantee and Privileges and Immunities clauses, with Amendment XIV’s Apportionment, Privileges and Immunities, and Equal Protection clauses, and with Amendment XVII’s Two Senators clause, no person’s access to government will be abridged by Congress' divisions of power or of access.




The Separation of Powers Act 

Section 1.

To bring the United States into compliance with Article I, section 1’s Legislative Powers clause and with Article I, section 8’s Necessary and Proper clause, the Article I legislative process will establish all United States executive and judicial rules.

Section 2.

An act of government that can affect any person’s rights, powers, privileges or immunities must be made in writing, passed by an elected legislature, signed by an executive, available to the public, and subject to judicial review and to legislative repeal.

Section 3.

Inferior executive and judicial officers appointed or hired without the advice and consent of the Senate will have no authority to judge any case or controversy.

Section 4.

To bring the United States and every State into compliance with the Preamble and with Article VI’s Supremacy clause, Amendments IX and X will not be presumed to limit the full incorporation of the Constitution. Unless the Constitution expresses that a given clause applies only to Congress or to the States, all clauses will apply to both.


Section 5.

Violations will be investigated for removal from office within ninety days unless Congress has declared war. In time of war, the House may delay investigation of any violation, except those involving possible treason, for a period not longer than one fiscal year or until the war ends, whichever is soonest. 

 

 The War Powers Restoration Act

Section 1. 

To bring the United States into compliance with Article I, section 8's War Powers clause, neither the United States nor any State will commit, fund or authorize an act of war without a Congressional declaration of war, except that States may act in accordance with Article I, section 10's Invasion or Imminent Danger clause. An act of war by the United States will be defined as the use of force committed, funded or authorized by the United States against foreign nationals, territory, property, or government function, or against treason. No act committed, funded or authorized by the United States or any State will interfere with another nation’s elections or political process, or will act to overthrow or undermine any government at peace with the United States. Civilians will not be targeted. Except when under armed attack, the United States will exhaust available judicial, diplomatic and trade remedies before declaring war.

Section 2.

The status of an enemy of the United States will be determined by the use of force or crime against the United States, resulting in deaths or in damage to any United States or State function, that is committed, funded or authorized by a foreign nation. Terrorism will be criminally prosecuted.

Section 3.

Treason will be criminally prosecuted, not treated as an act of war, except that force endangering the public safety may be quelled with force. The definition of aid and comfort will exclude any service required by the Constitution, United States law or treaties.





The Enforcement of the Franchise Act 

Section 1.

To bring the United States and every State into compliance with Amendment XIV, section 2's Right to Vote clause, and Article IV, section 4’s Guarantee clause, both Congress and the state legislatures will address abridgment or denial of the vote as follows.

Section 2.

Congress.

a. When the basis of representation in Congress must be reduced due to denial or abridgment of the vote at any election for the choice of Electors for President and Vice President of the United States, or Representatives in Congress, the affected State's total number of Representatives in the House will be reduced for the following election in the proportion which the number of affected citizens bears to the whole number of citizens eighteen years of age in that State.

b. To prevent loss of representation, the affected State will be redistricted in fewer, larger districts that may for that term exceed the ratio in use for apportionment. In odd-numbered terms of Congress, Representatives will be seated starting from the beginning of the alphabet. In even-numbered terms of Congress, Representatives will be seated starting from the end of the alphabet.

Section 3.

State Legislatures.

a. When the basis of representation in a State's Legislature must be reduced due to denial or abridgment or the vote at any election for the Executive and Judicial officers of a State or the members of the Legislature thereof, the total number of representatives in the affected State's Legislature for the next election will be reduced in the proportion which the number of affected citizens bears to the whole number of citizens eighteen years of age in that State.

b. To prevent loss of representation, the affected State will be redistricted in fewer, larger districts that may for that term exceed the ratio in use for apportionment, and each State will determine a fair method for determining which Representatives will be seated.

c. Relevant elections will be audited. When the denial or abridgment has been corrected, full apportionment will be restored for the following election.

Section 4.

No provision of this Act will prevent any civil or criminal prosecution or will prejudice any person's right to other legal action.



The Whistleblower Protection and National Security Act
 
Section 1.
Congress will be informed of all action conducted, funded or authorized by the United States. No law will allow either Executive order or any policy, form, agreement, et cetera, to abridge or deny Congress’ constitutional obligation to the people to remain informed of all action conducted, funded or authorized by the United States. Only United States law voted in compliance with the Secrecy clause in article I, section 5 of the Constitution will be used to prohibit specific disclosure to Congress or the people, and except during a war declared by Congress (article I, section 8), disclosure will be to the full Congress, not excluding disclosure involving intelligence, the national defense or the conduct of foreign affairs.
(a)      During a war, defined as a war declared by Congress (article I, section 8), disclosure of information involving intelligence, the national defense or the conduct of foreign affairs can be limited to the relevant committees for a period not longer than one fiscal year or until the war ends, whichever is soonest.
(b)     Any person who defies a congressional subpoena that fulfills the above conditions will be in contempt of Congress and can be subject to a daily fine or imprisonment until compliance, to be determined by Congress. Any person sworn or affirmed to the United States Constitution who defies a congressional subpoena that fulfills the above conditions will in addition be removed from any office held.
 
Section 2.

No person will be penalized for disclosing crime, waste, fraud, or inefficiency by government.

Section 3.  

Any false reference or authorization of false reference to the national defense or the conduct of foreign affairs to prevent disclosure to Congress or the people of any mismanagement, waste of funds, abuse of authority, or substantial and specific danger to public health or safety, will be punished as criminal fraud against the United States. Any person sworn or affirmed to the United States Constitution who falsely uses reference to the national defense or the conduct of foreign affairs to prevent disclosure to Congress or the people of any mismanagement, waste of funds, abuse of authority, or substantial and specific danger to public health or safety, or who authorizes such false reference, will in addition be removed from any office held and ineligible to hold future office.
 
Section 4.
Violations will be investigated for removal from office within ninety days unless Congress has declared war. In time of war, the House may delay investigation of any violation, except those involving possible treason, for a period not longer than one fiscal year or until the war ends, whichever is soonest.

 

The Fair Apportionment Act

Section 1.

Representatives will be apportioned among the States according to their respective numbers, counting the whole number of persons in each State, using a uniform ratio to divide every State. Members of Native Tribes will be counted but not taxed. The number of Representatives will not be more than one for thirty thousand or less than one for two hundred thousand, and will not be less than one for the number of people in the least populous state.

Section 2.

To bring apportionment into compliance with Article I, section 2's Apportionment clause as amended by Amendment XIV, section 2, each State's Representatives will be apportioned publicly, impartially and fairly. Districts will represent geography and economic level. No person’s access to government will be abridged by any action of the United States or of any State.


 

The Budgeting and Execution Act

Section 1.

To bring the United States into compliance with Article I, section 1’s Legislative Powers clause and with Article I, section 8’s Necessary and Proper clauses, prior to making the national budget or setting the tax rates Congress will determine all United States executive and judicial budgeting needs as well as its own. The total anticipated annual revenue will fully cover the annual budget. Once the budget has been signed and the rates of taxation set, neither will be altered unless the United States is invaded.

Section 2.

The United States budget and rates of taxation will cover a minimum of one year at a time and will be passed and signed no later than one year prior to the beginning of the period covered or Congress will remain in session and all members, as well as the President, prohibited from leaving the Capitol until it has been passed and signed unless the Capitol is invaded or rendered uninhabitable. 

Section 3.

To bring the United States and every State into compliance with Article I, section 1’s Legislative Powers clause, with Article I, section 8’s Necessary and Proper clause, with Article I, section 7’s Revenue clause, with Article I, section 7’s It Shall Be a Law clause, and with Article VI’s Supremacy clause, only Article I legislative process will allocate United States funds. All bills, orders, resolutions, treaties, or votes requiring allocation of funds will specify the amounts of such allocations and the time periods in which they will be spent. Allocated funds will be spent as stated, without discretion. No law but a repeal will defund an existing law. No law will defund a part of an existing law without expressly revoking that part.

Section 4. 

No text will be added to or removed from a passed bill except by repeal or by passed and signed amendment. Neither the passage nor the signing of a law will be revoked unless the law is repealed. The signing of a treaty will not be revoked by a President without the advice and consent of the Senate. Neither Congress, nor the Executive, nor any State will refuse to fund or execute all or part of a United States law or treaty unless repealed, revoked or found unconstitutional by the Supreme Court.


Section 5.

Violations will be investigated for removal from office within ninety days unless Congress has declared war. In time of war, the House may delay investigation of any violation, except those involving possible treason, for a period not longer than one fiscal year or until the war ends, whichever is soonest. 

 

The Congressional Financial Integrity Act

No member of Congress or congressional staffer will sit on a committee in which that member or staffer has a financial interest or within the past three years any connection, not excluding contractual connection, or whose spouse, parent, sibling or child has a financial interest or any current connection.

Violations will be investigated for removal from office within ninety days unless Congress has declared war. In time of war, the House may delay investigation of any violation, except those involving possible treason, for a period not longer than one fiscal year or until the war ends, whichever is soonest. 

 


The Federal Reserve Bank Conduct and Oversight Act
 

Section 1.

These provisions will supplement existing regulations.

Section 2.

The Federal Reserve Bank is and will remain a public institution for all purposes of law. All of its actions will be subject to congressional oversight and to the Freedom of Information Act. Its appointed officers will be subject to all impeachment clauses of the Constitution of the United States.

a. The Secretary of the Treasury will have no interest in or connection to any charter holder in the Federal Reserve system.


b. The Federal Reserve Board of Governors will be chaired by the Secretary of the Treasury. The Board will include a majority of economists with no interest in or connection to any charter holder.

c. The SEC will monitor board meetings of all the Federal Reserve banks with a nonvoting auditor who will report to Congress within seven days.

d. With the sole exception of United States Treasury bills, the Federal Reserve Bank will not purchase any stock, bond, security, or similar financial instrument. It will not purchase mortgages. It will not borrow money from any source, public or private, without prior public hearings and congressional approval.

e. No United States money will be printed, no United States bonds will be issued, nor will any debt be assumed by the United States, without an Act of Congress to the precise dollar amount and the precise date to be printed, issued or assumed. Public hearings will be held in advance. 

f. The United States Treasury Department will subject the Federal Reserve Bank to all limitations, financial and otherwise, on the fund Congress allocates for it in the annual budget. No additional allocations will be made during the year.

g. The Government Accountability Office will audit all conduct of the Federal Reserve Bank annually. The results will be released to the public by July 1st of each year.

h. Immediately upon passage, the House of Representatives will commence public hearings on the conduct of the Federal Reserve Bank and United States Treasury in 2019 and 2020, to determine the need for impeachment proceedings and/or further regulation.  

i. Congress will limit ranges of reserve requirements, bank interest rates, and traffic in bonds. On reaching those limits bank failures will be tolerated instead.


 

The Lender of Last Resort Act


Section 1.

To hold a charter that allows a bailout by the Federal Reserve, an institution must agree to the following terms in addition to existing terms:

a. A charter holder in imminent danger of a run will publicly announce its total bailout need.

b. When need has been announced, if need is greater than 50% of the bailee’s total deposits and assets the charter holder will be liquidated and divided evenly among all other charter holders.

   1. Each charter holder will take on equal amounts of the bailee’s debt and of its deposits.
  2. No charter holder will be reimbursed in any way by the Federal Reserve, by the United States or by its depositors for assuming such debt.
   3. Remaining debt after all deposits have been divided will be assumed by the Federal Reserve Bank.

c. When need has been announced, if need is less than 50% of the bailee’s total deposits and assets, its debt will be divided by the number of charter holders, and each charter holder will accept a portion of the bailee’s debt and the same portion of the bailee’s deposits.

d. No charter holder will be reimbursed in any way by the Federal Reserve, by the United States or by its depositors for assuming such debt.

e. The bailee will operate under executive austerity for ten years. All top-level executives will lose all bonuses and 20% of pay, and no new raises, bonuses or benefits will accrue. Executive staffing will be frozen during investigation. After investigation, such executives will continue this austerity in any employment in any charter holder during the austerity period. Austerity will maintain regardless of any prison sentences.

f. Congress, the SEC and the FBI will independently investigate the bailee’s practices.

g. Any charter holder that had announced to Congress and to the public its knowledge of risky practices by the bailee not less than two quarters prior to the bailout will have the option of not taking part in the bailout.

h. Any charter holder that upon investigation knew of illegal practices but did not report them within one quarter will be guilty of criminal conspiracy.

Section 2.

Nothing in this Act will reduce other penalties.



The Department of Justice Act 

Section 1:

The United States judiciary will include a Department of Justice headed by an Attorney General, under such regulations as the Congress will make. The Department of Justice will provide a Prosecutor General to prosecute criminal and civil offenses against the People of the United States, an Advocate General to represent the accused, and a Counsellor General to represent presumed victims in these cases.

Section 2:

The United States executive branch will include a Solicitor General to defend the United States or its departments, under such regulations as the Congress will make. Each of these officers will be appointed by the President with the advice and consent of the Senate.




The Support the Constitution Act


Section 1.

All passed and ratified constitutional text has equal legal force unless repealed by Article V amendment.

 
Section 2. To bring the United States and every State into compliance with Amendment XIV, section 3's Rebellion against the Constitution clause, an individual sworn or affirmed to support this Constitution will petition Congress or the Supreme Court to support its legal force against any Act, decision, rule, or other government action. While such a petition is under review such an individual will comply with the government action in question, but if constitutional text is found to have been invalidly amended any state or United States action based on it will be void.

 
Section 3.

No provision of this Act may be used to penalize conduct in support of or opposing any bill, statute, rule, order, executive act, judicial ruling, or any other government action. No provision of this Act may be used to penalize support for, opposition to, or criticism of any government officer, party, institution or ideology. No provision of this Act may be used to penalize any lawsuit, electoral conduct, Article V amendment, or revolution under the terms of the Preamble. No provision of this Act may be used to penalize participation in a strike, or asserting the right to strike, against the government of the United States or the government of the District of Columbia, unless such strike violates the Constitution of the United States.

 
Section 4.

Amendments.
Section 7311 of Title 5, and Section 1918 of Title 18 of the US Code are hereby titled: Treason, or disloyalty to the Constitution, and asserting the right to strike against the Government unless to enforce the Constitution or United States law.

(a) An individual may not accept or hold a position in the government of the United States or the government of the District of Columbia if he – 

1. commits an act of treason against the United States;
2. violates Article XIV, section 3 of the Constitution of the United States.

Whoever violates provision (1) or (2) of section 7311 of title 5 of this Chapter shall be fined under this title or imprisoned for any term of years, or for life, or both.

(b) Subsection (i)(4) of Section 3161 of Title 5 of the US Code reads in its entirety:

A person providing volunteer services accepted under this subsection shall be considered an employee of the Federal Government in the performance of those services for the purposes of the law.

(c) Subsection (a)(3) of Section 7103 of Title 5 of the US Code reads in its entirety:

“agency” means an Executive agency (including a nonappropriated fund instrumentality described in section 2105(c) of this Title and the Veterans’ Canteen Service, Department of Veterans’ Affairs), the Library of Congress, the Government Publishing Office, and the Smithsonian Institution. Any law or Executive action that makes any kind or degree of exception in the future will be held to violate the Equal Protections clause of Amendment XIV, section 1 of the United States Constitution.

(d) Subsection (f)(1) of Section 7104 of Title 5 of the US Code reads in its entirety:

The General Counsel of the Authority shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The General Counsel is subject to impeachment; and to removal by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office. The General Counsel shall hold no other office or position in the Government of the United States except as provided by law.

(e) Subsection (b) of Section 7532 of Title 5 of the US Code reads in its entirety:
Subject to subsection (c) of this section, the head of an agency may remove an employee suspended under subsection (a) of this section when, after such investigation and review as he considers necessary, he determines that removal is necessary or advisable in the interests of national security but the determination is subject to judicial review at government expense.
 



​State Bills



The State Truth and Accuracy Act

Section 1.

False or misleading content in statements to the public, or to a paying audience for a public purpose, involving actual or proposed acts of the United States or of any State, will be punished as criminal fraud against the United States.

Section 2.

No proximate victim will be required to enforce this Act. Damages will not be awarded for violations without a proximate victim.

 

The State Government Accountability and Staffing Act

 Section 1.

No State officer of any branch will accept or solicit any private money, present, benefit or promise. A benefit will include but not be limited to assistance with the exercise of an office.

Section 2.

Political fraud, coercion, bribery or any form of public corruption will be punishable by up to ten years in prison. No immunity will affect civil or criminal liability. In addition, an officer who knowingly benefits from political fraud, coercion or bribery will forfeit the office.

Section 3.

Lobbying will be defined as any compensated private conduct that is reasonably likely to influence a legislator or legislators regarding a bill or bills, or that is reasonably likely to be intended to exert such influence. No minimum amount of lobbying will be required to define a lobbyist. To preserve the inalienable right of self-governance and to comply with the Establishment of Justice clause, no third party will be required to access any legislator on matters relevant to a committee or subcommittee on which that member sits, regardless of state or district.

Section 4.

Legislative staffers will be chosen by merit in a nonpartisan competitive process [and may unionize]. Legislative staffers will convey all matters raised by the public to the member of Congress under whom they serve.

Section 5.

This Act will not repeal any existing corruption statute.


 

The Reducing Immunity by Reducing Discretion Act

Section 1.

All state officers are sworn or affirmed to the United States Constitution. They are subject to impeachment in Congress as a last resort. In states whose people have the power of recall for elected officers, recall will be used when any elected officer fails to investigate or prosecute.

 
Section 3.

When a state officer is accused of a crime the State Attorney General will investigate. If evidence is found that could support a conviction but state investigation or prosecution does not take place or knowingly establishes injustice, the United States House of Representatives will investigate for possible impeachments.


Section 4.

If retirement, resignation, or firing is used to excuse any person from investigation, impeachment, or prosecution, that person will not retain or regain that position or take or retain an equal or higher one without the investigation, impeachment or prosecution taking place. An affected person can appeal to the House of Representatives requesting an investigation. 

Section 5.

Any policy failure will subject an office to a higher authority.

 

The Impartial Elections Act


Section 1.

To bring this State's United States primary and general elections into compliance with the Constitution of the United States, they will be held impartially by this State, will be open to all voters, will equally accommodate all candidates including independent and write-in candidates, and in no statute, rule or practice will discriminate on the basis of interest or membership in an interest group, coalition, or political party. No candidate will hold more than one ballot line. Candidates will qualify for ballot lines by petition signed by a number of eligible voters in accordance with the laws of this State. An interest group, coalition, or political party may endorse candidates but will not nominate candidates.

Section 2.

 This State's Electoral College Electors for President and Vice President of the United States will be nominated during the United States congressional primary elections, and elected during the United States congressional general elections. This State's ballot lines for President of the United States will be determined by nomination at primary elections held during the congressional primary elections. This State's eligible voters will state a preference for a ticket of President and Vice President during the United States congressional general elections.


 
The Voting Act

This State will enforce the right of a citizen eighteen years of age to vote, not to vote, or to abstain regarding any office in United States or State elections, or any proposal in State elections.

  
The Campaign Duration Act


In this State, candidacy for a state or United States office will be announced no sooner than nine months before the general vote. Campaigning and fundraising will commence no longer than nine months before the general vote, and no longer than three months before primary votes.

 


Proposed Twenty-Eighth Amendment to the Constitution of the United States

 
Resolved, by the Senate and House of Representatives of the United States of America  assembled in Congress with two-thirds of each House in agreement, that the following Article is proposed as the Twenty-eighth Amendment to the Constitution of the United States, which will be valid to all intents and purposes as part of the Constitution when ratified by three-fourths of the several States within two years, by conventions of delegates nominated by popular petition and elected by popular ballot. 


Article XXVIII

 

Section 1

The jurisdiction of this Constitution will extend to any decision made or action taken under its authority. A right or power vested by this Constitution will remain in the branch and level of government where it has been vested, except where expressed. All text in this Constitution will have equal force unless repealed by Article V amendment, and except where expressed will apply both to the United States and to the several States. An act of government that can affect any person’s rights, powers, privileges or immunities will be made in writing, available to the public, passed by an elective legislature, signed by an elective executive, and subject to judicial review and to legislative amendment or repeal. No person’s access to government will be abridged or denied.

A person who will conduct the people’s business will be sworn or affirmed to this Constitution as an officer of the United States. An officer will petition Congress or the Supreme Court to enforce this Constitution. Government will be conducted in public view. Titles and descriptions of acts of government will be accurate. Bribery by an officer will include accepting or soliciting any private money, present, benefit or promise, or benefitting from political fraud or coercion. Appointive officers will be impeached for bribery, treason, high crimes or misdemeanors, rebellion or insurrection against this Constitution, or inefficiency.

No State will make any law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

 

Section 2

Representatives will be apportioned among the States according to their respective numbers, counting the whole number of persons in and using the same ratio for each State. The ratio will not apportion more than one Representative for thirty thousand people, or fewer than two in the least populous state. Representatives will be apportioned by counting the whole number of persons in each district, using the same ratio for each district, and considering geography and economic level. Members of Native nations will be counted but not taxed.

When either House has too few Members able to attend to reach quorum, the executives of affected States will issue writs of election to fill those vacancies.  But when less than three months remain in the term or when the President declares a state of emergency, a State's legislature may empower its executive to make temporary appointments before issuing writs of election; when that office is vacant, that legislature will have power to make temporary appointments before issuing writs of election; when a State's legislature also falls below possible quorum, its executive will have power to make temporary appointments to Congress before issuing writs of election, but if that office is also vacant a write-in election will take place. When writs do not issue promptly, a State may petition its legislature for an election.

 
Section 3

The United States will guarantee to every State fairly contested and impartially conducted primary and general elections, monitored and audited. The United States and every State will enforce without abridgment or denial the right of a United States citizen who has attained eighteen years of age to vote, not to vote, or to abstain regarding any office in United States or State elections, or any proposal in State elections. Congress will annually appropriate between one hundredth's-part and five hundredths'-parts of one percent of gross domestic product for all campaigns for United States office, and no other funds will be used. Campaigns will commence no earlier than nine months before the general election.

 
Section 4

The judicial power of the United States will extend to prosecution of criminal and civil offenses against the People of the United States and to defense or victim assistance based on need. The people will elect an Attorney General to at most two terms of four years each. The President, with the advice and consent of the Senate, will appoint the heads of the prosecution and defense departments. The executive power of the United States will extend to defending the United States in criminal or civil cases and the President, with the advice and consent of the Senate, will appoint the head of this department.

A person charged in any state or in the United States with treason, felony, or other crime, who shall flee from justice, and be found in another State or in any possession of the United States, or in space, shall on demand of the executive authority of the State from which that person fled, or on demand of the President, be delivered up, to be removed to the State having jurisdiction of the crime, or to the United States should the United States have jurisdiction of the crime. 

 

[End of Amendment. End of Resolution. May not be added to, subtracted from, or altered.]