Constitutional Amendment Idea

Self | 07 Jun 10 | Self

[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         The Sixteenth Amendment is hereby repealed.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         The Seventeenth Amendment is hereby repealed.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         The authority of Congress to regulate and issue monies is hereby rescinded.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 1/20^TH of an ounce [that is, 1/320^TH 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.

[NerdDad]

I didn’t see the part that says that congress has to live by the laws that they pass.

[OneWingedShark]

>It was a mistake to lower majority from 21.

I don’t think so; 18 year olds are perfectly capable, and IMO culpable for their actions.

I think what was/is a mistake is keeping so many age-groupings:
16 for driving,
17 for enlistment,
18 for tobacco,
21 for alcohol,
etc.

Legally-speaking if something is to be divided/differentiated based on age it should very likely be on majority/minority; the restrictions on ages of political positions s for EXACTLY the reason [immaturity] that it seems you are citing.

[OneWingedShark]

>I didn’t see the part that says that congress has to live by the laws that they pass.

Interstate Rape covers that! ;)

LOL - Actually, I don’t see how Interstate Fraud wouldn’t be applicable in that case; remember that Section 2 is cutting out their ability to put loopholes into the income taxes in return for [any] payoff, and if it is a particularly egregious “do what I say and not what I do” chances are that they’ll be violating the Conspiracy Against Rights.

[OneWingedShark]

>You should be able to tell by the copyright date if something has expired.

That’s a good idea.
Fifteen would probably be a better number than fourteen though... unless you can give me a reason you chose fourteen, that is.

[UnbelievingScumOnTheOtherSide]

You would like an 18-year-old POTUS?

(Not that some would not be better than what we have now,
but what you would probably get is an 18-year-old Obama.)

[UnbelievingScumOnTheOtherSide]

Oh, also, and an 18-year-old may be capable of feeding and clothing him or herself and procreating, but making rational decisions about government before they have a few years of real life under their belt is another matter.

[Vermont Lt]

Simple is better.

This is way, way too complicated. I stopped reading when you started regulating local laws with constitutional amendments.

How about we just vote out the A-holes that are ruining our country.

[wendy1946]

You’re looking at the smaller part of the problem. Try www.webofdebt.com for the larger part.

[zeugma]

Fifteen would probably be a better number than fourteen though... unless you can give me a reason you chose fourteen, that is.

I chose 14, because that was the original term, though they also gave you the ability to renew it once, for a total of 28 years. I think the renewability is a bad idea,  because it generates uncertainty and fees for lawyers. One fixed term of definite length is better IMO. (This is one of the few things I'd second-guess the founders on.) :-)

[Clinging Bitterly]

hmmm