with Amendments ratified October 23, 2006; December 26, 2006; October 1, 2007; and Auguest 29, 2008
We, the people of Texas, in order to form a government, establish justice, ensure domestic tranquility, provide for the common defence and general welfare; and to secure the blessings of liberty to ourselves, and our posterity, do ordain and establish this constitution.
Section 1. The powers of this government shall be divided into three departments, viz: legislative, executive and judicial, which shall remain forever separate and distinct, except as provided by Amendment 5.
Sec. 2. The legislative power shall be vested in a senate and house of representatives, to be styled the congress of the republic of Texas.
Sec. 3. The members of the house of representatives shall be chosen
annually, on the first Monday of September each year, until congress shall otherwise
provide by law, and shall hold their offices one year two years from the date of their
election.
Sec. 4. No person shall be eligible to a seat in the house of representatives
until he shall have attained the age of twenty-five years, and shall be a citizen
of the republic, and shall have resided in the county or district six months
next preceding his election.
Sec. 5. The house of representatives shall not consist of less than
twenty-four, nor more than forty members, until the population shall amount
to one hundred thousand souls, after which the whole number of representatives
shall not be less than forty, nor more than one hundred: Provided, however,
that each county shall be entitled to at least one representative.
Sec. 6. The house of representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.
Sec. 7. The senators shall be chosen by districts, as nearly equal
in free population (free negroes and Indians excepted,) as practicable; and
the number of senators shall never be less than one third nor more than one
half the number of representatives, and each district shall be entitled to one
member and no more.
Sec. 8. The senators shall be chosen for the term of three five years,
on the first Monday in September; shall be citizens of the republic, reside
in the district county for which they are respectively chosen at least one year six months before
the election; and shall have attained the age of thirty twenty-five years.
Sec. 9. At the first session of congress after the adoption of this
constitution, the senators shall be divided by lot into three classes, as nearly
equal as practicable; the seats of the senators of the first class shall be
vacated at the end of the first year; of the second class, at the end of the
second year; the third class, at the end of the third year, in such a manner
that one third shall be chosen each year thereafter.
Sec. 10. The vise president of the republic shall be president of the senate, but shall not vote on any question, unless the senate be equally divided.
Sec. 11. The senate shall choose all other officers of their body, and a president pro tempore, in the absence of the vice president, or whenever he shall exercise the office of president; shall have the sole power to try impeachments, and when sitting as a court of impeachment, shall be under oath; but no conviction shall take place without the concurrence of two thirds of all the members present.
Sec. 12. Judgment in cases of impeachment shall only extend to removal from office, and disqualification to hold any office of honor, trust or profit under this government; but the party shall nevertheless be liable to indictment, trial, judgment, and punishment according to law.
Sec. 13. Each house shall be the judge of the elections, qualifications
and returns of its own members. Two thirds A majority of each house shall constitute a
quorum to do business when meeting in a single place, but a smaller number may adjourn from day to day, and
may compel the attendance of absent members.
Sec. 14. Each house may determine the rules of its own proceedings, punish its members for disorderly behavior, and with the concurrence of two thirds, may expel a member, but not a second time for the same offence.
Sec. 15. Senators and representatives shall receive a compensation for their services, to be fixed by law, but no increase of compensation, or diminution, shall take effect during the session at which such increase or diminution shall have been made. They shall, except in case of treason, felony, or breach of the peace, be privileged from arrest during the session of congress, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place.
Sec. 16. Each house may punish, by imprisonment, during the session,
any person not a member, who shall be guilty of any disrespect to the house,
by any disorderly conduct in their presence.
Sec. 17. Each house shall keep a journal of its proceedings, and publish the same, except such parts as in its judgment require secrecy. When any three members shall desire the yeas and nays on any question, they shall be entered on the journals.
Sec. 18. Neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which the two houses may be sitting.
Sec. 19. When vacancies happen in either house, the executive shall issue writs of election to fill such vacancies.
Sec. 20. No bill shall become law until it shall have been read on
three several days in each house, and passed by the same, unless, in cases of
emergency, two thirds of the members of the house where the bill originated
shall deem it expedient to dispense with the rule.
Sec. 21. After a bill shall have been rejected, no bill containing the same substance shall be passed into a law during the same session.
Sec. 22. The style of the laws of the republic shall be, "Be
it enacted by the senate and house of representatives of the republic of Texas,
in congress assembled."
Sec. 23. No person holding an office of profit under the government shall be eligible to a seat in either house of congress, nor shall any member of either house be eligible to any office which may [be] created, or the profits of which shall be increased during his term of service.
Sec. 24. No holder of public monies or collector thereof, shall be eligible to a seat in either house of congress, until he shall have fully acquitted himself of all responsibility, and shall produce the proper officer's receipt thereof. Members of either house may protest against any act or resolution, and may have such protest entered on the journals of their respective houses.
Sec. 25. No money shall be drawn from the public treasury but in strict
accordance with appropriations made by law; and no appropriations shall be made
for private or local purposes, unless two thirds of each house concur in such
appropriations.
Sec. 26. Every act of congress shall be approved and signed by the
president before it becomes a law; but if the president will not approve and
sign such act, he shall return it to the house in which it shall have originated,
with his reasons for not approving the same, which shall be spread upon the
journals of such house, and the bill shall then be reconsidered, and shall not
become a law unless it shall then pass by a vote of two thirds of both houses.
If any act shall be disapproved by the president, the vote on the reconsideration
shall be recorded by ayes and nayes. If the president shall fail to return a
bill within five days (Sundays excepted) after it shall have been presented
for his approval and signature, the same shall become a law, unless the congress
prevent its return within the time above specified by adjournment. (Note: see Amendment 21)
Sec. 27. All bills, acts, orders, or resolutions, to which the concurrence
of both houses may be necessary, (motions or resolutions for adjournment excepted,)
shall be approved and signed by the president, or being disapproved, shall be
passed by two thirds of both houses, in manner and form as specified in section
twenty. (Note: see Amendment 21)
Sec. 1. Congress shall have power to levy and collect taxes and imposts,
excise and tonnage duties; to borrow money on the faith, credit, and property
of the government, to pay the debts and to provide for the common defence and
general welfare of the republic.
Sec. 2. To regulate commerce, to coin money, to regulate the value
thereof and of foreign coin, to fix the standard of weights and measures, but
nothing but gold and silver shall be made a lawful tender.
Sec. 3. To establish post offices and post roads, to grant charters
of incorporation, patents and copy rights, and secure to the authors and inventors
the exclusive use thereof for a limited time.
Sec. 4. To declare war, grant letters of marque and reprisal, and
to regulate captures.
Sec. 5. To provide and maintain an army and navy, and to make all
laws and regulations necessary for their government.
Sec. 6. To call out the militia to execute the law, to suppress insurrections,
and repel invasion.
Sec. 7. To make all laws which shall be deemed necessary and proper
to carry into effect the foregoing express grants of power, and all other powers
vested in the government of the republic, or in any officer or department thereof.
Sec. 1. The executive authority of this government shall be vested in a chief magistrate, who shall be styled the president of the republic of Texas. See Amendment 8.
Sec. 2. The first president elected by the people shall hold his office
for the term of two years, and shall be ineligible during the next succeeding
term; and all subsequent presidents shall be elected for three years, and be
alike ineligible; and in the event of a tie, the house of representatives shall
determine between the two highest candidates by a vive voce vote.
Sec. 3. The returns of the elections for president and vice president
shall be sealed up and transmitted to the speaker of the house of representatives,
by the holders of elections of each county; and the speaker of the house of
representatives shall open and publish the returns in presence of a majority
of each house of congress.
Sec. 1. The judicial powers of the government shall be vested in one
supreme court, and such inferior courts as the congress may, from time to time,
ordain and establish. The judges of the supreme and inferior courts shall hold
their offices for four three six years, be eligible to re-election, and shall, at stated
periods, receive for their services a compensation, not to be increased or diminished
during the period for which they were elected. See Amendment 4.
Sec. 2. The republic of Texas shall be divided into convenient judicial
districts, not less than three, nor more than eight. There shall be appointed
for each district a judge, who shall reside in the same, and hold the courts
at such times and places as congress may by law direct.
Sec. 3. In all admiralty and maritime cases, in all cases affecting
ambassadors, public ministers or consuls, and in all capital cases, the district
courts shall have exclusive original jurisdiction, and original jurisdiction
in all civil cases when the amount in controversy amounts to one hundred dollars.
Sec. 4. The judges, by virtue of their offices, shall be conservators
of the peace, throughout the republic. The style of all process shall be, "the
republic of Texas;" and all prosecutions shall be carried on in the name
and by the authority of the same, and conclude, "against the peace and
dignity of the republic."
Sec. 5. There shall be a district attorney appointed for each district,
whose duties, salaries, perquisites, and term of service shall be fixed by law.
Sec. 6. The clerks of the district courts shall be elected by the
qualified voters for members of congress, in the counties where the courts are
established, and shall hold their offices for, four years, subject to removal
by presentment of a grand jury, and conviction of a petit jury.
Sec. 7. The supreme court shall consist of a chief justice and associate
judges; the district judges shall compose the associate judges, a majority of
whom, with the chief justice, shall constitute a quorum.
Sec. 8. The supreme court shall have appellate jurisdiction only, which shall be conclusive, within the limits of the republic; and shall hold its sessions annually, at such times and places as may be fixed by law; Provided, that no judge shall sit in a case in the supreme court tried by him in the court below.
Sec. 9. The judges of the supreme and district courts shall be elected
by joint ballot of both houses of congress.
Sec. 10. There shall be in each county a county court, and such justices'
courts as the congress may, from time to time, establish.
Sec. 11. The republic shall be divided into convenient counties, but
no new county shall be established, unless it be done on the petition of one
hundred free male inhabitants of the territory sought to be laid off and established;
and unless the said territory shall contain nine hundred square miles.
Sec. 12. There shall be appointed for each county, a convenient number
of justices of the peace, one sheriff, one coroner, and a sufficient number
of constables, who shall hold their offices for two years, to be elected by
the qualified voters of the district or county, as congress may direct. Justices
of the peace and sheriffs shall be commissioned by the president.
Sec. 13. The congress shall, as early as practicable, introduce, by
statute, the common law of England, with such modifications as our circumstances,
in their judgment, may require; and in all criminal cases, the common law shall
be the rule of decision.
Sec. 1. Ministers of the gospel being, by their profession, dedicated to God and the care of souls, ought not to be diverted from the great duties of their functions; therefore, no minister of the gospel, or any priest of any denomination whatever, shall be eligible to the office of the executive of the republic, nor to a seat in either branch of the congress of the same.
Sec. 2. Each member of the senate and house of representatives shall, before they proceed to business, take an oath to support the constitution, as follows;
"I, A. B., do solemnly swear [or affirm, as the case may be] that, as a member of this general congress, I will support the constitution of the republic, and that I will not propose or assent to any bill, vote, or resolution which shall appear to me injurious to the people."
Sec. 3. Every person who shall be chosen or appointed to any office of trust or profit shall, before entering on the duties thereof, take an oath to support the constitution of the republic, and also an oath of office.
Sec. 1. No person shall be eligible to the office of president who
shall not have attained the age of thirty-five years, shall be a citizen of
the republic at the time of the adoption of this constitution, or an inhabitant
of this republic at least three one years immediately preceding his election.
Sec. 2. The president shall enter on the duties of his office on the
second Monday in December next succeeding as soon as possible after his election, and shall remain in
office until his successor shall be duly qualified.
Sec. 3. The president shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during his continuance in office; and before entering upon the duties of his office, he shall take and subscribe the following oath or affirmation:
"I, A. B., president of the republic of Texas, do solemnly and sincerely swear (or affirm, as the case may be) that I will faithfully execute the duties of my office, and to the best of my abilities preserve, protect, and defend the constitution of the Republic."
Sec. 4. He shall be commander-in-chief of the army and navy of the republic, and militia thereof, but he shall not command in person without the authority of a resolution of congress. He shall have power to remit fines and forfeitures, and to grant reprieves and pardons, except in cases of impeachment.
Sec. 5. He shall, with the advice and consent of two-thirds of the senate and of the Supreme Court, make treaties; and, with he consent of the senate, appoint ministers and consuls, and all officers whose offices are established by this constitution, not herein otherwise provided for.
Sec. 6. The president shall have power to fill all vacancies that may happen during the recess of the senate; but he shall report the same to the senate within ten days after the next congress shall convene; and should the senate reject the same, the president shall not re-nominate the same individual to the same office.
Sec. 7. He shall, from time to time, give congress information of the state of the republic, and recommend for their consideration such measures as he may deem necessary. He may, upon extraordinary occasions, convene both houses, or either of them. In the event of a disagreement as to the time of adjournment, he may adjourn them to such time as he may think proper. He shall receive all foreign ministers. He shall see that the laws be faithfully executed, and shall commission all the officers of the republic.
Sec. 8. There shall be a seal of the republic, which shall be kept by the president, and used by him officially; it shall be called the great seal of the republic of Texas.
Sec. 9. All grants and commissions shall be in the name, and by the authority of the republic of Texas, shall be sealed with the great seal, and signed by the president.
Sec. 10. The president shall have power, by and with the advice and consent of the senate, to appoint a secretary of state and such other heads of executive departments as may be established by law, who shall remain in office during the term of service of the president, unless sooner removed by the president, with the advice and consent of the senate.
Sec. 11. Every citizen of the republic who has attained the age of
twenty-one eighteen years, and shall have resided six one months within the district or county
where the election is held, shall be entitled to vote for members of the general
congress.
Sec. 12. All elections shall be by ballot, unless congress shall otherwise direct. See Amendment 9.
Sec. 13. All elections by joint vote of both houses of congress shall
be viva voce, shall be entered on the journals, and a majority of the votes
shall be necessary to a choice.
Sec. 14. A vice president shall be chosen at every election for president, in the same manner, continue in office for the same time, and shall possess the same qualifications of the president. In voting for president and vice president, the electors shall distinguish for whom they vote as president, and for whom as vice president.
Sec. I5. In cases of impeachment, removal from office, death, resignation, or absence of the president from the republic, the vice president shall exercise the powers and discharge the duties of the president until a successor be duly qualified, or until the president, who may be absent or impeached, shall return or be acquitted.
Sec. 16. The president, vice president, and all civil officers of the republic, shall be removable from office by impeachment for, and on conviction of, treason, bribery, and other high crimes and misdemeanors.
Sec. 1. That no inconvenience may arise from the adoption of this
constitution, it is declared by the convention that all laws now in force in
Texas, and not inconsistent with this constitution, shall remain in full force
until declared void, repealed, altered, or expire by their own limitation.
Sec. 2. All fines, penalties, forfeitures and escheats, which have
accrued to Coahuila and Texas, or Texas, shall accrue to this republic.
Sec. 3. Every male citizen, who is, by this constitution, a citizen,
and shall be otherwise qualified, shall be entitled to hold any office or place
of honor, trust, or profit under the republic, any thing in this constitution
to the contrary notwithstanding.
Sec. 4. The first president and vice president that shall be appointed
after the adoption of this constitution, shall be chosen by this convention,
and shall immediately enter on the duties of their offices, and shall hold said
offices until their successors be elected and qualified, as prescribed in this
constitution, and shall have the same qualifications, be invested with the same
powers, and perform the same duties which are required and conferred on the
executive head of the republic by this constitution.
Sec. 5. The president shall issue writs of election directed to the
officers authorized to hold elections of the several counties, requiring them
to cause an election to be held for president, vice president, representatives,
and senators to congress, at the time, and mode prescribed by this constitution,
which election shall conducted in the manner that elections have been heretofore
conducted. The president, vice president, and members of congress, when duly
elected, shall continue to discharge the duties of their respective offices
for the time and manner prescribed by this constitution, until their successors
be duly qualified.
Sec. 6. Until the first enumeration shall be made, directed by this
constitution, the precinct of Austin shall be entitled to one representative;
the precinct of Brazoria to two representatives; the precinct of Bexar two representatives;
the precinct of Colorado one representative; Sabine one; Gonzales one; Goliad
one; Harrisburg one; Jasper one; Jefferson one; Liberty one; Matagorda one;
Mina two; Nacogdoches two; Red River three; Victoria one; San Augustine two;
Shelby two; Refugio one; San Patricio one; Washington two; Milam one; and Jackson
one representative.
Sec. 7. Until the first enumeration shall be made, as described by
this constitution, the senatorial districts shall be composed of the following
precincts: Bexar shall be entitled to one senator; San Patricio, Refugio and
Goliad one; Brazoria one; Mina and Gonzales one; Nacogdoches one; Red River
one; Shelby and Sabine one; Washington one; Matagorda, Jackson and Victoria
one; Austin and Colorado one; San Augustine one: Milam one; Jasper and Jefferson
one; and Liberty and Harrisburg one senator.
Sec. 8. All judges, sheriffs, commissioners, and other civil officers
shall remain in office, and in the discharge of the powers and duties of their
respective offices, until there shall be others appointed or elected under the
constitution.
Sec. 1. Laws shall be made to exclude from office, from the right
of suffrage, and from serving on juries those who shall hereafter be convicted
of bribery, perjury, or other high crimes and misdemeanors.
Sec. 2. Returns of all elections for officers who are to be commissioned
by the president, shall be made to the secretary of state of this republic.
Sec. 3. The presidents and heads of departments shall keep their offices
at the seat of government, unless removed by the permission of congress, or
unless in case of emergency in time of war, the public interest may require
their removal.
Sec. 4. The president shall make use of his private seal until a seal
of the republic shall be provided.
Sec. 5. It shall be the duty of congress, as soon as circumstances
will permit, to provide by law, a general system of education.
Sec. 6. All free white Any individual natural persons who shall emigrate to this republic,
and who shall, after a residence of six months, make oath before some competent
authority that he intends to reside permanently in the same, and shall swear
to support this constitution, and that he will bear true allegiance to the republic
of Texas, shall be entitled to all the privileges of citizenship.
Sec. 7. So soon as convenience will permit, there shall be a penal
code formed on principles of reformation, and not of vindictive justice; and
the civil and criminal laws shall be revised, digested, and arranged under different
heads; and all laws relating to land titles shall be translated, revised, and
promulgated.
Sec. 8. All persons who shall leave the country for the purpose of
evading a participation in the present struggle, or shall refuse to participate
in it, or shall give aid or assistance to the present enemy, shall forfeit all
rights of citizenship, and such lands as they may hold in the republic.
Sec. 9. All persons of color who were slaves for life previous to
their emigration to Texas, and who are now held in bondage, shall remain in
the like state of servitude; provided, the said slave shall be the bona fide
property of the person so holding said slave as aforesaid. Congress shall pass
no laws to prohibit emigrants from bringing their slaves into the republic with
them, and holding them by the same tenure by which such slaves were held in
the United States; nor shall congress have power to emancipate slaves; nor shall
any slave holder be allowed to emancipate his or her slave or slaves without
the consent of congress, unless he or she shall send his or her slave or slaves
without the limits of the republic. No free person of African descent, either
in whole or in part, shall be permitted to reside permanently in the republic,
without the consent of congress; and the importation or admission of Africans
or negroes into this republic, excepting from the United States of America,
is forever prohibited, and declared to be piracy.
Sec. 10. All persons (Africans, the descendants of Africans, and Indians
excepted,) who were residing in Texas on the day of the declaration of independence,
shall be considered citizens of the republic, and entitled to all the privileges
of such. All citizens now living in Texas, who have not received their portion
of land, in like manner as colonists, shall be entitled to their land in the
following proportion and manner: Every hear of a family shall be entitled to
one league and labor of land; and every single man of the age of seventeen and
upwards, shall be entitled to the third part of one league of land. All citizens
who may have previously to the adoption of this constitution, received their
league of land as heads of families, and their quarter of a league of land as
single persons, shall receive such additional quantity as will make the quantity
of land received by them equal to one league and labor, and one third of a league,
unless by bargain, sale, or exchange, they have transferred or may henceforth
transfer their right to said land, or a portion thereof, to some other citizen
of the republic; and in such case, the person to whom such right shall have
been transferred shall be entitled to the same, as fully and amply as the person.
making the transfer might or could have been. No alien shall hold land in Texas,
except by titles emanating directly from the government of this republic. But
if any citizen of this republic should die intestate or otherwise, his children
or heirs shall inherit his estate, and aliens shall have a reasonable time to
take possession of and dispose of the same, in a manner hereafter to be pointed
out by law. Orphan children whose parents were entitled to land under the colonization
laws of Mexico, and who now reside in the republic, shall be entitled to all
the rights of which their parents were possessed at the time of their death.
The citizens of the republic shall not be compelled to reside on the land, but
shall have their lines plainly marked.
All orders of survey legally obtained by any citizen of the republic, from
any legally authorized commissioner, prior to the act of the late consultation
closing the land offices, shall be valid. In all cases the actual settler and
occupant of the soil shall be entitled, in locating his land, to include his
improvement, in preference to all other claims not acquired previous to his
settlement, according to the law of the land and this constitution -- provided,
that nothing herein contained shall prejudice the rights of any other citizen
from whom a settler may hold land by rent or lease.
And whereas, the protection of the public domain from unjust and fraudulent
claims, and quieting the people in the enjoyment of their lands, is one of the
great duties of this convention; and whereas the legislature of Coahuila and
Texas having passed an act in the year 1834, in behalf of general John T. Mason
of New York, and another on the 14th day of March, 1835, under which the enormous
amount of eleven hundred leagues of land has been claimed by sundry individuals,
some of whom reside in foreign countries, and are not citizens of the republic,--which
said acts are contrary to articles fourth, twelfth, and fifteenth of the laws
of 1824 of the general congress of Mexico, and one of said acts, for that cause
has, by said general congress of Mexico, been declared null and void: It is
hereby declared that the said act of 1834, in favor of John T. Mason, and of
the 14th of March. 1835, of the said legislature of Coahuila and Texas, and
each and every grant founded thereon, is, and was from the beginning, null and
void; and all surveys made under pretence of authority derived from said acts,
are hereby declared to be null and void: and all eleven league claims, located
within twenty leagues of the boundary line between Texas and the United States
of America, which have been located contrary to the laws of Mexico, are hereby
declared to be null and void. And whereas many surveys and titles to lands have
been made whilst most of the people of Texas were absent from home, serving
in the campaign against Bexar, it is hereby declared that all the surveys and
locations of land made since the act of the late consultation closing the land
offices, and all titles to land made since that time, are, and shall be null
and void.
And whereas the present unsettled state of the country and the general welfare
of the people demand that the operations of the land office, and the whole land
system shall be suspended until persons serving in the army can have a fair
and equal chance with those remaining at home, to select and locate their lands,
it is hereby declared, that no survey or title which may hereafter be made shall
be valid, unless such survey or title shall be authorized by this convention,
or some future congress of the republic. And with a view to the simplification
of the land system. and the protection of the people and the government from
litigation and fraud, a general land office shall be established, where all
the land titles of the republic shall be registered, and the whole territory
of the republic shall be sectionized, in a manner hereafter to be prescribed
by law, which shall enable the officers of the government or any citizen, to
ascertain with certainty the lands that are vacant, and those lands which may
be covered with valid titles.
Sec. 11. Any amendment or amendments to this constitution, may be
proposed in the house of representatives or senate, and if the same shall be
agreed to by a majority of the members elected to each of the two houses, such
proposed amendment or amendments shall be entered on the journals, with the
yeas and nays thereon, and referred to the congress then next to be chosen,
and shall be published for three months previous to the election; and if the
congress next chosen as aforesaid, shall pass said amendment or amendments by
a vote of two-thirds of all the members elected to each house, then it shall
be the duty of said congress to submit said proposed amendment or amendments
to the people, in such manner and at such times as the congress shall prescribe;
and if the people shall approve and ratify such amendment or amendments by a
majority of the electors qualified to vote for members of congress voting thereon,
such amendment or amendments shall become a part of this constitution: Provided,
however, that no amendment or amendments be referred to the people oftener than
once in three years. See Amendment 6.
This declaration of rights is declared to be a part of this constitution, and shall never be violated on any pretence whatever. And in order to guard against the transgression of the high powers which we have delegated, we declare that every thing in this bill of rights contained, and every other right not hereby delegated, is reserved to the people.
First. All men, when they form a social compact, have equal rights, and no men or set of men are entitled to exclusive public privileges or emoluments from the community.
Second. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and they have at all times the inalienable right to alter their government in such manner as they might think proper.
Third. No preference shall be given by law to any religious denomination
or mode of worship over another, but every person shall be permitted to worship
God (or not) according to the dictates of his own conscience.
Fourth. Every citizen shall be at liberty to speak, write, or publish
his opinions on any subject, being responsible for the abuse of that privilege right.
No law shall ever be passed to curtail the liberty of speech or of the press or of any other medium of expression;
and in all prosecutions for libel, the truth may be given in evidence, and . In all criminal cases, the
jury shall have the right to determine the law and the facts, under the direction with the advice of the court.
Fifth. The people shall be secure in their persons, houses, papers, and possessions, from all unreasonable searches and seizures, and no warrant shall issue to search any place or seize any person or thing, without describing the place to be searched or the person or thing to be seized, nor without probable cause, supported by oath or affirmation.
Sixth. In all criminal prosecutions the accused shall have the right
of being heard, by himself, or counsel, or both; he shall have the right to
demand the nature and cause of the accusation, shall be confronted with the
witnesses against him, and have compulsory process for obtaining witnesses in
his favor. And in all prosecutions by presentment or indictment, he shall have
the right to a speedy and public trial, by an impartial jury; he shall not be
compelled to give evidence against himself or spouse, or be deprived of life, liberty,
or property, but by due course of law. And no freeman person shall be holden to answer
for any criminal charge, but on presentment or indictment by a grand jury, except
in the land and naval forces, or in the militia when in actual service in time
of war or public danger, or in cases of impeachment.
Seventh. No citizen shall be deprived of privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land.
Eighth. No title of nobility, hereditary privileges or honors, shall ever be granted or conferred in this republic. No person holding any office of profit or trust shall, without the consent of congress, receive from any foreign state any present, office, or emolument of any kind.
Ninth. No person, for the same offence, shall be twice put in jeopardy of life or limbs. And the right of trial by jury shall remain inviolate.
Tenth. All persons shall be bailable by sufficient security, unless
for capital crimes, when the proof is evident or presumption strong; and the
privilege right of the writ of "habeas corpus" shall not be suspended, except
in case of rebellion or invasion the public safety may require it.
Eleventh. Excessive bail shall not be required, nor excessive fines imposed, or cruel or unusual punishments inflicted. All courts shall be open, and every man for any injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law.
Twelfth No person shall be imprisoned for debt in consequence of inability to pay.
Thirteenth. No person's particular services shall be demanded, nor
property taken or applied to public or private use, unless by the consent of himself or
his representative, nor without just compensation being made therefor according
to law.
Fourteenth. Every citizen shall have the right to bear arms in defence of himself and the republic. The military shall at all times and in all cases be subordinate to the civil power.
Fifteenth. The sure and certain defence of a free people is a well
regulated militia; and it shall be the duty of the legislature to enact such
laws as may be necessary to the organizing of the militia of this republic.
Sixteenth. Treason against this republic shall consist only in levying war against it, or adhering to its enemies, giving them aid and support. No retrospective or ex-post facto law, or laws impairing the obligation on contracts, shall be made.
Seventeenth. Perpetuities or monopolies are contrary to the genius of a free government, and shall not be allowed; nor shall the law of primogeniture or entailments ever be in force in this republic.
The foregoing constitution was unanimously adopted be the delegates of Texas, in convention assembled, at the town of Washington, on the seventeenth day of March, in the year of our Lord one thousand eight hundred and thirty-six, and of the Independence of the Republic, the first year.
In witness whereof, we have hereunto subscribed our names.
ALBERT H.S. KIMBLE, Secretary,
C. B. Stewart, Matthew Caldwell.
James Collinsworth, William Motley,
Edwin
Waller, Lorenzo de Zavala,
A. Brigham, George W. Smyth,
John S. D. Byrom,
Stephen H. Everett,
Francis Ruis, Elijah Stepp,
J. Antonio Navarro, Claiborne
West,
William D. Lacy, John S. Roberts,
William Menufee, Robert Hamilton,
John
Fisher, Collin McKinney,
A. H. Latimore, Thomas J. Gazley,
James Power.
R. M. Coleman,
Sam. Houston, Sterling C. Robertson,
Edward Conrad, George
C. Childress,
Martin Palmer, Baily Hardiman,
James Gaines, Robert Potter,
William
Clark, jun., Charles Taylor,
Sydney O. Pennington, George W. Barnet,
Samuel
P. Carson, Jesse Grimes,
Thomas J. Rusk, E. O. Legrand,
William C. Crawford,
David Thomas,
John Turner, S. Rhoads Fisher,
Benjamin Briggs Goodrich,
John W. Bower,
Jumes G. Swisher, J. B. Woods,
William B. Leates, Andrew
Briscoe,
M. B.Menard, Thomas Barnett,
A. B. Hardin, Jesse B. Badgett,
John
W. Bunton, Stephen W. Blount.
(Note: These were passed by the 10th Congress 7/12/2006 and 7/19/2006, by the 11th Congress 10/20/2006, and by the citizens 10/23/2006. These Amendments override any conflicting terms of the body of this Constitution above, even though not all such changes may be marked in the body.)
Preamble. These amendments are needed because disaster has befallen our beloved Republic of Texas (RT) since its first few years under this 1836 Constitution. In 1845, the RT was illegally annexed by the United States of America (US) in violation of their own Constitution, this Constitution, and international law, and without the unanimous consent of our people, as over 400 Texans voted against it. While under US control, the so-called "State of Texas" was forced to give up 1/3 of its land to the US in 1850. In 1861, Texas seceded and entered into an alliance which the US conquered by military force in 1865. Since Texas has been occupied by the US now for over a century, we refer to its legitimate government under this Constitution as the Historical Republic of Texas (HRT), which beginning Sept. 2, 2005 was revived by the only people in modern times who took the oath of citizenship as required by this Constitution. We elected our Congress to represent the citizens in compliance with this Constitution, and have made these amendments under the procedure required by this Constitution, in order to cope with our current situation in these modern times. The official web site of the Historical Republic of Texas is http://texas.freecountries.org/hist-rt.html and more information about the Republic of Texas and its plans to regain its freedom can be found at http://texas.freecountries.org/ and its referenced pages. To further these ends, beginning Sept. 2, 2005, the HRT and the New Republic of Texas (NRT) founded the United Republic of Texas (URT). Unless otherwise specified, any Internet or other documents referenced by this Constitution are supplemental or explanatory information only and are not part of this Constitution per se. Throughout this Constitution, reference to any gender or number includes all unless the context clearly requires otherwise.
1. The Non-Aggression Principle (NAP) is “Do not initiate force or fraud against anyone else’s person or property. In other words, except for self-defense, don’t harm others, don’t harm or steal their property, don’t break your word, don’t try to coerce anyone by threatening to do any of these things, and don’t encourage anyone to do any of these things.” This is the ultimate moral principle and common law for all humanity and the highest law of this Republic and Constitution. It is the cornerstone of the inherent rights of the individual. Governments and constitutions do not grant rights, they merely recognize rights that individuals already have. This Constitution hereby explicitly recognizes the rights of every individual to the protection of NAP, and that NAP prohibits the violations of these rights by any individuals, organizations, or governments. This Constitution and all laws, treaties, and other actions taken hereunder must be interpreted with this in mind, and anything that violates this is null and void. This entire Constitution is binding on all HRT governments. NAP is the only part of this Constitution which is binding on all HRT organizations and individuals. By joining the HRT and becoming citizens, individuals and organizations agree to support this Constitution and comply with NAP.
2. Due to the passage of time, the ongoing state of occupation, and the present low population of HRT citizens, all previous HRT laws and counties and districts are obsolete and hereby declared null and void, and the county lines of the occupation government will be used instead for convenience. Article I Sections 5, 7, 9, 16, 20, and 22 are repealed, along with any other terms conflicting with this amendment. Age requirements for all government offices stated in the Constitution are hereby reduced 5 years. A veto by the President or Supreme Court cannot be overridden. (Note: modified by Amendment 21.) Representatives will no longer represent counties but will represent and be elected by the HRT citizens at large, need not reside in any particular county, and will serve 2 year terms. Senators will no longer represent districts, but each will represent and be elected by his respective county government (or a majority of his county's citizens voting if the county is not yet organized), must have resided in his county for the 6 months immediately preceding the election, and will serve a 5 year term. There will be 1 Senator for each county that has at least 1 citizen who qualifies to be and wants to be a Senator. Those Senators and Representatives that have been elected to office before this amendment is passed will continue their remaining terms in office unless they resign. If the entire House resigns, its powers go to the Senate until this issue is otherwise resolved. (Note: modified by Amendment 25.) No term limits will ever apply to those who became HRT citizens before 2006. A quorum of either house or any other government body shall be a simple majority of those seats which have been filled, not of those which have been authorized. All officeholders shall take office as soon as reasonably possible after elected or appointed. Because of the occupation, there is no longer an established seat of government, and officeholders and citizens will vote and communicate electronically or otherwise as they shall determine consistent with NAP. This Constitution must be further amended within 6 months after this amendment goes into effect, to specify rules for appropriations, how many Representatives there shall be, and how to elect them. Until then, no appropriations or Representative elections shall be made. (Note: These last 2 sentences were satisfied by Amendments 15 and 16.)
3. Article II is repealed, although Congress may make resolutions, including declarations of war. All HRT laws passed before 2005 are hereby declared to have expired, and Congress shall make no laws, regulations, or rules, or guidelines except as expressly directed or allowed by this Constitution, Congress shall make laws but
only as necessary and not prohibited by this Constitution, and none at all after 2008 2011, and none shall be effective for more than 3 years except those expressly included into this Constitution by reference or directly (and such included laws shall be subject to the same amendment procedures as this Constitution). A violation of NAP (or this Constitution) that causes harm is a crime if intentional, otherwise a tort, except that a court may rule that an accidental but generally predictable violation of NAP resulting from extreme, callous, gross negligence with reckless disregard is a crime. A crime by any government official is grounds for impeachment. Until at least 2009 2012, all government positions shall continue to be on a volunteer basis with no pay, as they have been since the HRT was revived in 2005. No HRT government may have any involvement with money or commerce of any kind until this Constitution is amended to provide therefor. (Note: This last sentence was satisfied by Amendment 15.) (Note: modified by Amendments 23, 26, and 27)
4. As there will no longer be judicial districts, the Supreme Court will consist of 3 justices initially elected at large by the citizens for staggered 3 6 year terms. Each year after the first, the President shall nominate 2 candidates, the citizens shall nominate 1, and the Senate shall elect 1 of the 3. Each year, the justices shall elect from among themselves a Chief Justice for a 1 year term. (Note: The preceding sentences of this Amendment 4 have been modified in effect by Amendment 17.) Counties may organize themselves and determine their offices as their citizens desire, subject only to NAP and this Constitution. Whenever reasonably possible, disputes should be resolved by private means such as mediation or arbitration. Otherwise, the most appropriate county court should try the case, and the Supreme Court is the final appeal. Cases involving the national government must be handled by the Supreme Court, except that cases involving the Supreme Court itself will be tried by the Senate. Within 3 months after this amendment goes into effect, Congress should develop rules for procedure for both county and national governments, as long as they don't violate this Constitution, and after the rules have been in effect (and adjusted as needed) for 3 months, Congress may propose them as Constitutional amendments if appropriate. As much as possible of county government procedures should be determined by the counties, and juries must be fully informed about jury nullification and must be given as much power as possible consistent with NAP.
5. Until Congress agrees that we have enough qualified citizens to fill every office without duplication, any qualified citizen may be elected or appointed to and may serve in multiple different offices whether in the same or different branches of government, and the separation of powers in Article I Section 1 is temporarily suspended but only to that extent.
6. General Provisions Sections 3, 5, 7, 8, 9, and 10 are repealed. General Provisions Section 11 is replaced as follows: Any amendment to this Constitution may be proposed by 5% of the citizens, of the counties, or of either house of Congress. The Supreme Court must first review the proposed amendment for compatibility with NAP and with the overall intent of this Constitution. Then Congress and the President may modify it as needed (without substantially altering its intent or adding anything unrelated) until the amendment passes by a majority (of those voting) in all houses of Congress, the President, and the Supreme Court. Then it shall be published for 7 4 days and submitted to a vote of the citizens, who may pass it by a majority vote of those voting. However, if the amendment is not passed within 60 days of its initial proposal, it dies but may be proposed again in 1 month. If it is rejected, it may not be proposed again for 3 months. Once an amendment is submitted to the people, if 5% of the citizens petition the Supreme Court claiming that the amendment could potentially violate their inherent rights under NAP, or if 1 citizen petitions the Supreme Court with credible evidence that the amendment actually would violate his inherent rights under NAP, the amendment process must be suspended until the Supreme Court rules on the petition, which if upheld, kills the amendment. This process may be started at a county court. Voting fractions and percentages in this Constitution shall be rounded normally but shall require at least 1 vote. This amendment procedure must be amended by Jan. 1, 2009 2012 to make it harder and slower to amend the Constitution. (Note: Modified by Amendments 18 and 23.)
7. There shall be no slavery, draft, or other involuntary servitude in the HRT except by a sentence duly imposed by a court upon conviction of a crime. There shall be no discrimination by any government in the HRT on the basis of race, age, sex, sexual orientation, height, weight, handicap, or religion except as part of a bona fide requirement, or as follows. The normal age of majority and eligibility for citizenship and voting is 18, and a minor's parents or guardian as applicable share responsiblity for any NAP violations by the minor, each person's share of responsibility to be determined by the court judging the violation. Within 6 months after this amendment goes into effect, Congress should develop rules for determining the rights of minors and the mentally incompetent, as well as procedures for declaring minors to be adults, for revoking such adult status if still below 18, and for determining mental competence and incompetence. The rules must protect the right of the individual against being declared incompetent under false pretenses. After the rules have been in effect (and adjusted as needed) for 3 months, they may be proposed as Constitutional amendments. (Note: These last 3 sentences have been satisfied by Amendment 19.)
8. There shall be 3 Presidents rather than just 1, elected by the citizens for staggered 3 6 year terms, and any reference to an action of the President shall mean an action by a majority of the Presidents, except as otherwise specified herein. (Note: Modified by Amendment 17.)
9. All government elections will be made using some sort of Proportional Voting method such as Choice Voting or Cumulative Voting or Range Voting (point scoring) or Borda or a suitable variation thereof. When electing at least 3 seats of a government body, 1 candidate may be elected by the Condorcet method if there is a Condorcet winner. Within 3 months after this amendment goes into effect, Congress should study various voting methods and recommend the most appropriate ones and develop rules for how to use them. After the rules have been in effect (and adjusted as needed) for 3 months, they may be proposed as Constitutional amendments. Until otherwise determined more specifically, every voter may vote by grading each candidate on a scale from -100 (perfectly undesireable) to +100 (perfectly desireable) with 0 (or no score indicated) meaning indifference. Each ballot will be normalized by dividing each of its scores by the total of the absolute values of all of the scores on the ballot. The candidates with the highest totals will be the winners. (Note: The Congressional recommendations required above have been made, and the resulting provisions of Amendment 16 have effectively replaced most of this Amendment.)
10. As long as NAP is not violated, any citizen may form or join any organization or agreement. There shall be no special corporate law, regulation, rule, guideline, precedent, or anything else which allows businesses, governments, or any other organizations or their officers to violate the rights of others with impunity. Organizations do not have the right to vote or run for government offices and have no inherent rights, only presumed rights. Within 3 months after this amendment goes into effect, Congress should develop rules under which organizations may qualify to become citizens (of a lesser class than individuals), and which rights and privileges such organizational citizens shall have, including limited liability for their members and how their sponsors may be held personally liable for any NAP violations. (Note: Congress passed the Organizations Act 12/20/2006 to meet this requirement.) After the rules have been in effect (and adjusted as needed) for 3 months, they may be proposed as Constitutional amendments.
11. A Virtual Canton (VC) is a non-monopoly local government within a county, like a precinct or district but with no specific geographical boundaries. Any citizen in the county may join any of the VC's in the county, thus bringing free market competition to local government. VC's may implement their own courts or other dispute resolution procedures for their members as such. Unresolved disputes between VC's and their members may be appealed to the county court. No citizen may be required to join a VC. Only citizens may join or receive any benefit from a VC. Any VC member may leave his VC at any time, and may not be charged for dues beyond the end of the calendar month when he left. No VC may impose laws or taxes or anything else upon any non-member. Every VC must disclose to its prospective members which rights (if any) they would effectively waive by joining. Any organized county government must have 1 at-large representative for those not joining any VC's, plus 1 representative from each VC. Each county may determine the minimum number of members per new VC, striving to encourage the development of at least 3 VC's as soon as reasonably possible. Since VC's are voluntary organizations, they are not subject to this Constitution except for the portions regarding VC's and other organizations. VC's are of course subject to NAP. Except within this paragraph, "government" refers to a monopoly (non-VC) government.
12. HRT citizens, governments, and VC's have sovereign immunity against all non-citizens and foreign governments (which includes the US occupation government), but not against HRT citizens. The HRT is not bound by the constitutions, treaties, laws, regulations, policies, or actions of foreign governments, except those agreed to by the HRT. The HRT citizens are not bound by the constitutions, treaties, laws, regulations, policies, or actions of foreign governments, except to the extent that such HRT citizens are also citizens of those foreign governments, and even then only as permitted by NAP and as otherwise agreed by the citizen involved. In any dealings with foreign governments, all HRT citizens are considered to be sovereigns with diplomatic immunity as long as they don't violate NAP or this Constitution, whether or not they are representing the HRT.
13. In the 3rd numbered entry under the Declaration of Rights, "worship God" is hereby replaced by "worship (or not)". The 4th entry is clarified as follows. The word "privilege" is replaced by "right". After the word "press" shall be inserted "or of any other medium of expression". The words "evidence, and" are replaced by "evidence. In all criminal cases,". The words "under the direction" are replaced by "with the advice". In the 5th entry, the word "nor" is inserted before the second "without". In the 6th entry, insert "or spouse" after "against himself". Change "freeman" to "person". After the last "except", delete "in the land and naval forces, or in the militia when in actual service in time of war or public danger, or". In the 10th entry, delete "or presumption strong", as there is never to be a presumption of guilt. Change "privilege" to "right", and delete everything after "suspended" except the final period. In the 13th entry, after "public" insert "or private", insert "nor" before "without", and delete "according to law". The 15th entry does not belong there and is hereby repealed. Organizing and funding any miltia is the voluntary concern of those who wish to participate. Of course, we encourage responsible citizens to do so.
14. A. To avoid even accidently violating anyone's rights under NAP, government must be totally secular and remain absolutely neutral and uninvolved in all matters involving religion. Freedom of religion also includes freedom from religion. Atheism and Agnosticism are religions too. In the 3rd numbered entry under the Declaration of Rights, "worship God" is hereby replaced by "worship (or not)" in order to clarify this. The sacred wall of separation between Church and State must never be violated. This includes issues regarding sex, sexual orientation/identity, marriage, abortion, health, medication, diet, alcohol, drugs, suicide, education, commerce, and charity, as these things are not the concern of government.
B. However, to help protect the rights of those suffering from discrimination and oppression by foreign governments, HRT governments may issue certificates recognizing the validity of marriages upon request, as long as at least one party to the marriage recognizes the authority of the HRT to do so and honestly attests to the validity of the marriage under their personal beliefs. The HRT does not guarantee that any foreign government will respect the certificate.
C. The rights of a fetus while in its mother's womb are subordinate to the rights of its mother but not to the rights of any other person. VC's may prohibit their members from providing, facilitating, or receiving abortions.
D. As time and qualified citizens are available, Congress shall develop a Diversity Committee consisting of citizen volunteers with as wide variety as possible of religions, sexes, sexual orientations, races, disabilities, and other categories as appropriate, striving especially to include members of those minorities which are the least understood and thus more likely to be discriminated against. These are bona fide requirements. This committee shall advise the Supreme Court to help avoid inadvertently overlooking any threat to the NAP rights of any individuals when considering Constitutional amendments, treaties, or other government action. The committee members are not to use this to push any particular agenda or to encourage or facilitate discrimination against others or violations of their rights. After the committee and its associated rules have been in effect (and adjusted as needed) for 3 months, they may be proposed as Constitutional amendments.
(Note: After the above Amendments were ratified 10/23/2006, the NRT adopted this amended HRT Constitution, and the NRT and HRT recognized each other and merged, which completed the formation of the URT on 10/26/2006. So this is now the Constitution of the United Republic of Texas, and all provisions herein referencing the RT, HRT, or NRT now refer to the URT, except for historical references as such.)
(Note: The following Amendments 15-20 were passed by the 11th Congress 12/18/2006 and ratified 12/26/2006.)
15. Ratification of this Amendment will satisfy the requirements of the last 2 sentences of Amendment 2 regarding appropriations, and of the last sentence of Amendment 3. All URT citizens and governments have the right to refuse to accept in payment anything but gold or silver. Any money paid or contributed to government is not income or a loan to government but is merely a bailment; the money remains the property of the payor (or the eventual payee) and governments have no income, expenses, assets, liabilities, or equity of their own. For all purposes outside the URT, any money which is paid to any URT government by one person and eventually gets paid to another person via legitimate URT government action under this Constitution is deemed to be a direct payment from payor to payee to satisfy an obligation between them, and any tax consequences imposed by any foreign government are between payor and payee and do not involve the URT, which is deemed to have acted only as an impartial and uncompensated agent. No government may lend, borrow, engage in deficit spending, or impose any involuntary tax. Except as a fine, penalty, restitution, damages, judgment, or settlement resulting from a crime, tort, or dispute, all payments to or from governments or VC's are subject to the following restrictions. No government may provide money or goods or services to any person except in due payment for contracted goods or services or as otherwise provided by this Constitution. Governments are explicitly prohibited from implementing any kind of welfare system or transfer payments by which money taken from or contributed by some people is paid to other people based on perceived need, merit, or any other criteria not for goods or services rendered by the payees. That is not a legitimate function of government. VC's may do this for their own members only, paid for by their own members only. VC's are not allowed to contract with or have any direct business or financial dealings with any non-citizens, nor with any other VC's, nor with any government. Different governments may not contract with each other to provide goods or services except to the extent of sharing costs or avoiding needless duplication or other inefficiencies, and generally governments should prefer to contract with private individuals or organizations whenever reasonable. No government may give or offer grants or loans to, nor accept them from, nor otherwise attempt to influence, any other government, except that the URT may legally attempt to influence the occupation government to respect and protect the rights of URT citizens. Only a citizen (individual or organization but not a VC) may contract with any government or VC to provide it with goods or services. However, if a needed good or service is not available from any URT citizen, then a government (but not a VC) can seek such from alternate sources. Governments should look first to URT citizens, then to legal URT residents which are US citizens, then to US citizens residing within Texas, then to US citizens in general. Government may charge those who directly benefit from its authorized services appropriate user fees, but only enough to defray its direct and relevant costs, and this must not be allowed to provide an incentive for any government official to favor or disfavor anyone. Courts may determine which party or parties to any case will pay the associated court costs, but this must not be allowed to provide an incentive toward or against any particular ruling. No appropriations or payments shall be made by the national government for private or local purposes at all, nor by any local government for private or national purposes. Any President may reduce or eliminate any item(s) from an appropriation. Except for reasonable user fees and court costs, funds must be raised by soliciting voluntary contributions, and all funds must be spent only for their stated purposes. Congress may pass appropriate laws or regulations to specify requirements or procedural matters for this subject which are not adequately covered by this Amendment, subject of course to the limitations of Amendment 3.
16. Ratification of this Amendment will satisfy the requirements of
the last 2 sentences of Amendment 2 regarding Representatives. Therefore, any
Representative elections which were inadvertently (but in good faith) made after
Amendment 2 was ratified but which had to be suspended because of the last
sentence of Amendment 2 will become valid after this Amendment is ratified.
Senators and Representatives will
continue to be elected as their terms expire or as new seats are authorized or
vacancies occur. The number
of Representatives authorized shall be 10 times the common logarithm of the
total number of URT citizens, rounded normally, or the total number of qualified
and interested citizens, whichever is less, but no reduction may unseat a
currently serving Representative before his term has expired if he remains
qualified. Whenever there are more than 11 Representatives, then of the excess
over 11, 1/4 (rounded up, in other words the 12th, 16th, 20th, etc.) shall be chosen at random from those qualified and
interested citizens not holding or running for any other office, and the rest as
otherwise provided by this Constitution. However, after 2009, Congress may
abolish the House of Representatives by unanimous vote of both houses of
Congress, with the consent of the President and the Supreme Court, in which case
those powers herein granted to the House shall transfer to the Senate or
otherwise as the Supreme Court shall determine. Of all of the Presidents,
Supreme Court Justices, and Congress combined, no 2 individuals
may be members of the same VC. VC officers may not run for or hold any national
or other government office. Voting will continue to be by modified approval method via Yahoo Group
polls until Congress determines that we have enough citizens to justify or
require something bigger. At that point, if not otherwise specified by Congress
or this Constitution, voting in contested races will be by Range Voting, scoring
each candidate independently from -100 to +100, with ballots normalized (as described in Amendment 9) only for
races where there are more than 1 open seat to be filled. (Note: modified by Amendment 25)
17. Although Amendments 4 and 8 provided for 3 Presidents and 3 Supreme Court Justices, only 1 citizen ran for each in the election on 11/30/2006, indicating that we still do not have enough interested and qualified citizens to fill all offices. Therefore, to provide needed continuity, to avoid tie votes, and to ensure adequately contested races, the Presidents and Supreme Court Justices will be changed from 3 year to 6 year terms, and no further elections for either will be held until a normal annual Election Day when at least 5 qualified citizens not holding or running for any other government or VC office run for the other 2 President or Supreme Court Justice slots respectively, and those will be for 2 and 4 year terms (4 years for the candidate winning the highest vote total), with the current President or Supreme Court Justice respectively remaining in office until then and then serving another 6 year term. One of these above elections must occur in an even numbered year, and the other in an odd numbered year. Then as terms expire every 2 years or as vacancies occur, each office will be filled as provided elsewhere in this Constitution.
18. The 7 day period for
ratifying new amendments as specified by Amendment 6 is changed to 4
days. The amendment process must still be amended by 2009 2012 to make it
harder and slower to amend the Constitution. (Note: modified by Amendment 23)
19. This Amendment meets the requirements of Amendment 7. Any minor citizen at least 15 may petition any court to be classified as an adult, if sponsored by at least 1 living parent or guardian, which must be a competent adult citizen and will share responsibility for any NAP violations by the minor for one year or until he becomes 18 (whichever happens first), and the minor upon being approved for adult status must explicitly become an adult citizen. If he violates NAP while under 18, the applicable court may revoke his adult status. A court may hear and judge a petition to declare a citizen to be mentally incompetent or competent and to appoint an appropriate guardian as necessary. The court must protect the right of the individual against being declared incompetent under false pretenses. The requirements to prove incompetence must be harder than to show competence, and both sides of the case must disclose any financial or other interest in their position besides the welfare of the citizen concerned. Any evidence that any individual, organization, or government or official thereof has any incentive for the citizen to be found incompetent must be considered evidence against a finding of incompetence, especially if any government is involved. Congress may pass laws or regulations to further define this area as needed, including citizenship and residence, within the limitations of Amendment 3.
20. The official language of the URT for all government documents, elections, meetings, and court sessions is American English. This also applies to private courts and other alternative dispute resolution services if any party requests it. No URT government, VC, individual, or organization can be required by this Constitution or any URT law or regulation to maintain its official documents or signs in any other language or to translate them from English to any other language. Anyone is of course free to translate these, but in the event of any conflict, the official English language version governs. VC's and other private organizations are free to use whatever languages they want for their own internal use among their own members only, but any required legal documents must be in English upon request. If a dispute over a document goes to court, and the parties cannot completely agree on its meaning in English, the court is free to determine and enforce the appropriate terms in English for the disputed portions, considering the intent of the parties and applicable law.
(Note: The above Amendments 15-20 were passed by the 11th Congress 12/18/2006 and ratified 12/26/2006.)
(Note: The following Amendments 21-26 were passed by the 12th Congress 9/27/2007 and ratified 10/1/2007.)
21. Congress can override a veto by the Presidents, but can never override a veto by the Supreme Court. Remember that normal voting requires a clear majority (over 50%) of those voting to pass, so a tie vote is a veto. For example, if there are only 2 Presidents in office (or the 3rd one is absent or abstains) and 1 votes for the measure and the other against it, then it has been vetoed by the Presidents in general, and specifically by the 1 President who voted against it. Such a veto by 1 President requires at least 70% of those voting in each house of Congress to override it; a veto by 2 Presidents needs at least 80% to override it, and a veto by all 3 Presidents needs at least 90% to override it. The Presidents shall have up to 2 weeks to veto any action of Congress, but are urged to make their decision within 1 week or sooner if at all possible. Any President not acting on the issue is considered to have abstained.
22. Effective Jan. 1, 2009 2012, all URT government actions currently or
usually requiring a majority vote shall require at least a 60% vote for
approval. This includes actions of Congress, the Presidents, and the Supreme
Court, as well as votes of the citizens on URT matters, such as for amending this Constitution. This is also the deadline after which
Congress may not pass any more laws, and until which at least all government
positions are unpaid, as specified by Amendment 3; and by which the Constitution
must be amended to make it harder and slower to amend, as specified by
Amendments 6 and 18. (Note: modified by Amendment 23)
23. The intent of the Jan. 1, 2009 deadline referenced by several other Amendments is to allow us URT citizens enough time to create and ratify all appropriate Constitutional amendments and other measures needed to adequately safeguard our rights against violation by future officeholders or others, whether deliberately or otherwise. However, since we are all so busy with our lives, this may not be enough time. Accordingly, this amendment extends the deadline by 3 years to Jan. 1, 2012. In order to protect our rights in the meantime, this amendment establishes the office of Protector, not part of the 3 branches of government, with no power to rule or to cause the government to take any action, but only the absolute power to veto any action of any monopoly URT government, whether national, local, or otherwise (this does not include VC's). The Protector shall be a long term office requiring a carefully selected individual who understands very well, and is committed to, the founding principles of the URT, especially NAP. Accordingly, the first Protector shall be (name hidden to protect his family from harrassment by terrorists). Each Protector shall serve until he decides to retire, may not otherwise be removed from office, and shall name his successor. This is not a monarch or any form of nobility, as the Protector's power is directed solely against the government and cannot be used against the people. Each Protector after the first must not hold any other URT government or VC office while serving as Protector or for 2 years before or after. Although the Protector has the power to veto any government action which would violate the rights of the individual, he is neither obligated nor expected to do so in every case, as he is not omniscient. The office is merely an additional safeguard to help protect the people from abusive government; it is not perfect.
24. Congress shall determine the extent to which, and how, members and courts of the Common Law Institute may supplement those of the URT if needed.
25. The sentence in Amendment 16 which allowed the House of Representatives to be disbanded, and the sentence in Amendment 2 relating thereto, are repealed.
26. Amendment 3 is amended to change "rules, or guidelines" to "or rules". Guidelines are non-binding resolutions of Congressional intent as to how the Constitution and laws should be interpreted; such guidelines only advise the Supreme Court but do not overrule it. Every law must concern only a single major subject, and must be read in full by all who vote for or against the law. The title must be easily understood and fairly describe the overall purpose or effect of the law, and the title must be agreeable to both proponents and opponents of the proposed law. This prohibits such biased and misleading names as the so-called "USA-PATRIOT Act" and others, which very unpatriotically gutted the rights which had made America special, and the "Defense of Marriage Act" which more accurately would have been called a denial, discrimination, or destruction of marriage act.
(Note: The above Amendments 21-26 were passed by the 12th Congress 9/27/2007 and ratified 10/1/2007.)
(Note: The following Amendment 27 was passed by the 12th Congress 8/28/2008 and ratified 8/29/2008.)
27. Amendment 3 is amended to replace the phrase "Congress shall make no laws, regulations, or rules except as expressly directed or allowed by this Constitution" in the second sentence with "Congress shall make laws but only as necessary and not prohibited by this Constitution".
(Note: The above Amendment 27 was passed by the 12th Congress 8/28/2008 and ratified 8/29/2008.)
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