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Posted on 06/07/2010 8:50:21 AM PDT by OneWingedShark
Amendment XXVIII.
1. All Federal law subordinate to the Constitution of the United States of America prior to the ratification of this amendment are null and void;
2. The Sixteenth Amendment is hereby repealed.
a. The rate of taxation shall be Five per cent of an individual’s income.
b. Individuals only shall be thus taxed.
c. These taxes will not be withheld from the individual prior or upon payment to the individual.
d. A debt due to these taxes shall never be rectified by seizure of properties or monies possessed by the debtor unless duly convicted by Jury.
e. There will be no exceptions or credits to any person regarding this taxation.
3. The Seventeenth Amendment is hereby repealed.
4. The authority of Congress to regulate and issue monies is hereby rescinded.
a. The US Dollar shall hereby be fixed at 1/20TH of an ounce [that is, 1/320TH of one US pound] of Gold which is of a purity not less than 99 per cent.
5. The power of Congress to borrow Money on the credit of the United States is hereby limited:
a. At no point will the United States assume a debt where the sum of all debts shall exceed one-hundred-ten per cent of all monies present in the Treasury;
6. To promote the advancement of Science, Commerce & Industry the following Amend and/or Clarify Section 8, of Article 1:
a. The limited time to which Authors are exclusively entitled to their work shall not exceed Twenty years after the death of the Author in any case.
b. The limited time to which Inventors are exclusively entitled to their Inventions and Discoveries by patent shall not exceed Thirty years.
c. The limited time to which companies and corporations are entitled to their exclusive copyrights shall not exceed Fifteen years.
d. The purchaser of any machine is the owner thereof.
i. Computer programs may not be placed on any machine without the owners consent.
ii. Computer programs and digital data may, by virtue of running on privately-owned hardware, may be disassembled, analyzed, dissected, or otherwise modified.
iii. Computer programs and digital data may be freely copied by their owner for backup purposes.
iv. Computer program licensing may not restrict any of the preceding items of subsection ‘d’ unless it clearly and conspicuously notifies the owner.
e. The Federal government may not claim to “regulate Commerce” among the States unless there is an actual incident of trade between states at issue.
7. Firearms, and any component or accessory thereof, may not have taxes or duties imposed upon it by the Federal government, or any State, or subdivision of either.
a. Tariffs may be imposed on firearms, provided all imports from that country are taxed so.
8. The following are Federal Crimes:
a. Murder:
i. Whomever shall kill another human being shall be guilty of Murder provided it was both:
(1) intentional, purposeful, malicious, premeditated, and/or wanton; and
(2) not in the defense of oneself, another, or in the lawful execution of military or militia duties.
ii. Whomever shall perform an abortion, whenever that action is unnecessary to save the mother’s life from imminent demise, shall be guilty of Murder.
iii. The penalty, upon conviction, for Murder shall be Death.
iv. Upon convection the convicted shall be executed within one year of the conviction.
v. If the appellate court does not hear the case, and render its verdict, within that time-period then that court shall be guilty of murder.
b. Interstate Rape:
i. Whoever shall cross state-lines to engage in rape shall be guilty of Interstate Rape.
ii. Whoever kidnaps or otherwise compels anyone to cross state lines to rape them shall be guilty of Interstate Rape.
iii. The penalty, upon conviction, for Interstate Rape shall be Death.
iv. Upon convection the convicted shall be executed within one year of the conviction.
v. If the appellate court does not hear the case, and render its verdict, within that time-period then that court shall be guilty of murder.
c. Interstate Fraud:
i. Whomever shall advertise across state lines a claim that is:
(1) a representation of an existing fact;
(2) which is false;
(3) which is material to the claim;
(4) with the presenter's knowledge of its falsity;
(5) with the presenter's intent that it shall be acted upon; and
(6) consequent damages materially suffered
Shall be guilty of Interstate Fraud.
ii. Also, any company producing software, which by any method is prevented from being copied, which does not provide a way to exchange or refund a customer when presented with original media shall be guilty of Interstate Fraud.
iii. The penalty for Interstate Fraud shall be the payment of twice the value fraudulently taken payed to the victims thereof.
d. Federal Tax Evasion:
i. The misrepresentation of income for the purposes of the tax in Section 2 of this amendment shall constitute Federal Tax Evasion,
ii. The fraudulent import or export of any item or substance for the purpose of avoiding any Tax, Tariff, or Duty laid thereon shall also constitute Federal Tax Evasion.
iii. Any Federal employee or Federal Judge or member of Congress who has been duly convicted of Federal Tax Evasion shall be immediately evicted from that position and shall not be qualified for any position of the Public Trust unless the Grand Jury of the Jurisdiction(s) wherein the Fraud occurred shall present a written and certified presentment assenting and confirming the right to a position of the Public Trust.
iv. Any Federal employee or Federal Judge or member of Congress who has been duly convicted of Federal Tax Evasion shall forfeit all pensions, retirement plans, and health-care guarantees which have been paid for, in any part, by the Federal government.
v. The penalty for Federal Tax Evasion shall be the payment of Seven times the amount evaded into the Treasury of the United States.
e. Conspiracy Against Rights:
i. If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same, then they shall be guilty of Conspiracy Against Rights.
ii. The punishment for anyone duly convicted of Conspiracy Against Rights shall be:
(1) The forfeiture of any position of public trust currently held; and:
(2) A fine not exceeding fifty dollars,
(3) Imprisonment, and hard labor, not exceeding three years; and/or
(4) Corporal Punishment of up to Ten Lashes.
f. Illegal Immigration:
i. Those violating the uniform Rule of Naturalization, specified n Section 8 of Article 1 of the Constitution of the United States, shall be guilty of Illegal Immigration.
ii. Whereas Amendment Thirteen allows for involuntary servitude as a punishment for a duly convicted crime, upon conviction, the punishment for Illegal Immigration shall be involuntary servitude for a period of time equal to the time spent in-country illegally.
g. Perjury:
i. Whomever shall willfully and knowingly lie under oath and in a court of law shall be guilty of Perjury.
ii. The punishment for Perjury shall be the application of the punishment at stake in the trial to the Perjurer.
You do not utilize easily manipulated concepts like GNP, GDP, "Money supply", or CBO estimates.
The tax problem is easily solved (once people are persuaded).
The fix for "coin money and regulate the value thereof" is much more complicated, which you seem to realize.
Nice start!
>The details about software (6. D. i. - iv.) appear to be overly specific for this type of document.
About the software details: I’m a programmer so that explains that.. somewhat. Another thing to consider is the current “Software Piracy”/copyright laws are such that legal backups... are questionable.
>I disagree with 8. a. ii.
While you disagree with 8-ii, I believe there is sufficient evidence to conclude that the “embryo” is another discrete human being as it is genetically distinct from its parents at the time of fertilization (biology def); brain-waves have been detected at 6 weeks (current medical def for “vegetative states”); the heart begins beating at 3 weeks.
Furthermore, the USSC disregarded state sovereignty when it unilaterally disallowed legal-bars on abortion and made abortion a “Constitutional right”... to undo that decision needs a Constitutional Amendment.
I guess we’ll have to agree to disagree on this point.
>8. a. v. seems a bit harsh.
Ah, but I like the cruelty here: consider it revenge for the legal system ignoring the right to a *SPEEDY* and public trial.
>8. b. overall seems redundant. Why differentiate between forcible rape regardless of when/where/how it was performed? I understand that the interstate part might be “required” for it to elevate to a federal issue, but I don’t think that requirement is sound - especially in light of the example of 8. a.
The interstate issue IS required to make it a Federal issue.
>Punishment for 8. e. (Conspiracy against rights) seems a bit lenient.
By defining what a Dollar is in Gold weight $1 would be worth about $55.
>For 8. f. punishments should be extended to and defined for employers or others who harbor illegals.
That wouldn’t need to be a Constitutional Amendment, I think... besides which, Interstate Fraud may come into play.
>For 8. g. (Perjury) additional punishment should be extended to those in the public trust who perjure themselves (police, politicians, prosecutors, judges, etc.)
I was thinking about that, but I thought that the ‘mirroring’ of whatever punishment was at the perjured trial was a more Just sentence overall. (Besides which, if a policeman were to perjure himself, by say lying about someone shooting him [in self-defense] then the penalty of that assault charge he leveled at that person would come right back at him.)
>>I direct your attention to section 7... as well to your state constitution for its definition of “militia.”
>
>A militia isn’t private.
It’s public — THE Public.
>A militia still carries with it the stench of totalitarian government control.
From my State Constitution:
The militia of this state shall consist of all able-bodied male citizens between the ages of eighteen and forty-five, except such as are exempt by laws of the United States or
of this state.
>I want PRIVATE ARMIES!
I’m pretty sure that Section 7 would allow that.
>What I like about your tax and money amendments is this:
>
>You do not utilize easily manipulated concepts like GNP, GDP, “Money supply”, or CBO estimates.
I figure that the definitions thereof were too easily manipulated (to our detriment). It is far easier & simpler to use a gold-backed Dollar... well this even destroys that level of indirection: the US Dollar would be that gold weight, not a piece of paper. (Also note that that weight of gold could be put into coinage at a lesser total purity.)
>The tax problem is easily solved (once people are persuaded).
Which problem are you referring to?
Having an Income Tax? Having it be Uniform?
>The fix for “coin money and regulate the value thereof” is much more complicated, which you seem to realize.
>
>Nice start!
Thank you.
Good ideas on economics.
You forgot to add “Repeal GCA68”.
BTTT
>You forgot to add “Repeal GCA68”.
Nope. Check out Section 1/the very-first sentence.
>>Ah, but I like the cruelty here: consider it revenge for the legal system ignoring the right to a *SPEEDY* and public trial.
>
>Agreed but it ignores the reasons for the slower trials not the least of which is that too much is illegal which is clogging the courts.
That is addressed with Section 1.
>>The interstate issue IS required to make it a Federal issue.
>
>Then why is the Federal government allowed jurisdiction over murder?
Hm, good point.... I’ll have to think about that a bit.
I put Murder in there for the mandatory death penalty.
I agree with most of your general points.
But the gold standard just won’t work today because the U.S. and world economy is too large to hang on a single tiny and volatile commodity demand curve.
And the list of crimes is way too far into the weeds for a constitution.
No office seeker may take money to help his/her election chances, from ANYONE who is not a resident of the district/area which he/she wishes to represent?
I just wanted the death penalty for some of them... the others, like booting a politician from office for tax-evasion, I think are required at this point-in-time because nothing less will “be allowed to stick.”
As an example, I offer to you the case of John Murtha and the Haditha Marines; the judiciary ruled that a federal law protecting federal employees from civil suits “while in execution of office” applied to Murtha and he was therefor immune from all slander suits the marines could bring.
Hm, I don’t think that’s particularly needed.
The closing of VIRTUALLY ALL tax loopholes with section 2 pretty much negates corporate interest here. Furthermore, should someone be barred from expressing their opinion [with their wallet] as to who should be elected? Besides, which, what if a private individual were to pay for advertising against someone; for example: John McCain (I live next-door to AZ and I think that they SHOULD publicize John McCain’s less than stellar record on guns, especially considering they just amended their State constitution concerning the matter).
Except for the damage inflicted directly on the Constitution in the 16th, 17th, 18th, 22nd, 23rd and 26th Amendments, our main problem since 1876 has been the nullification of it through Supreme Court jurisprudence and many “corrupt bargains” between the two parties.
(The deal that traded Florida’s electoral votes to make Republican Rutherford Hayes president in 1877 in return for the premature end of Reconstruction was called the “Corrupt Bargain” in the North. The seeds of our decline begin there.)
>Except for the damage inflicted directly on the Constitution in the [snip] 26th Amendments [...]
The 26th? Isn’t that [basically] saying that all Citizens who are of the age of majority cannot be barred from voting because of their age?
Amendment XXVI.
Passed by Congress March 23, 1971. Ratified July 1, 1971.
(Note: Amendment 14, Section 2 of the Constitution was
modified by Section 1 of the 26th Amendment.)
SECTION 1.
The right of citizens of the United States, who are eighteen
years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
SECTION 2.
The Congress shall have power to enforce this article by
appropriate legislation.
It was a mistake to lower majority from 21.
Latecomer to the thread, but I like it. I’d be willing to live with all of it, except I’d limit copyright to 14 absolute years with no provision for the death of the author. You should be able to tell by the copyright date if something has expired. You shouldn’t have to determine if the author is alive or dead. I’d also eliminate the possibility of software patents.
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