Presentation on theme: "What would success look like? Minimal threats to our rights. Accessible remedies for violations of rights. No depression, war, or other avoidable."— Presentation transcript:
What would success look like? Minimal threats to our rights. Accessible remedies for violations of rights. No depression, war, or other avoidable disasters.
Elements of what we want Better officials. Better citizens. Better laws. Better court decisions. Better execution of laws. Better policies. Better technologies.
Better officials? Can existing officials reform? Where are the replacements? What are we doing to develop, find, and support replacements? Can't replace without winning elections. Can't win elections if votes not counted. Replacements need to know what to do. We need to make sure they do what is needed.
Better citizens? People need to know what is and is not constitutional, what Constitution requires of us. People need to review constitutionality of every official act. People need to intelligently elect officials who will do what's best for the country. People need to avoid misguided proposals.
Better laws? Need bold proposals. Need not compromise at the very start. Should write bills ready to be introduced.
Proposed bills Proposed Bills for U.S. Congress The following are preliminary drafts of legislation Jon Roland intends to introduce in Congress, after some further refinement, if elected: Constitutional Compliance and Reform: Firearms Infringement Reform Act — Repeal unconstitutional U.S. firearms legislation. Clarifying Amendments — Amendments to the U.S. Constitution to clarify ambiguities in the original. Remedial Amendments — Amendments to the U.S. Constitution to correct errors and omissions in the original. Substantive Amendments — Amendments to the U.S. Constitution to provide additional elements not in the original.
More bills (2) Economic Policy Legal Tender Reform Act — Amendment of unconstitutionally applied legal tender act. Tax Reform Act — Repeal and amendment of unconstitutionally applied taxes. Spending Reform Act — Limits spending to revenues. Repeal of Patient Protection and Affordable Care Act — Repeal of unconstitutional healthcare act. Medical Care Reform Act — Repeal and amendment of unconstitutional medical care. Repeal of Sarbanes-Oxley Act — Repeal of unconstitutional securities act. Repeal of Act Oppressing Computer Contractors — Repeal of income tax provision to drive independent computer contractors out of the market.
More bills (3) Judicial Reform Civil Rights Act — Amendment of preceding civil rights acts. Repeal of Rules Enabling Act — Repeal of unconstitutional act enabling federal courts to make their own rules. Criminal Jurisdiction Act — Defines territorial boundaries of criminal offenses. Court Administration Reform Act — Assigns new judges at random to courts, and expands appellate courts.
More bills (4) Defense Reform Amendment to National Defense Authorization Act — Removing unconstitutional detention provision. Compare to HR 3785. Administrative Reform Administrative Procedure Reform Act — Amendment of unconstitutional Administrative Procedure Act. Compare to the REINS Act. Election Reform Campaign Finance Reform Act — Amendment to confine campaign finance statutes to sitting members of Congress.
Firearms Infringement Reform Act SECTION 1. SHORT TITLE. This Act may be cited as the 'Firearms Infringement Reform Act of 2013'. SEC. 2. FINDINGS AND AUTHORITY. 1. The Congress finds that certain provisions of United States Statutes concerning firearms, including the National Firearms Act of 1934, the Omnibus Crime Control and Safe Streets Act of 1968, the Gun Control Act of 1968, the Firearm Owners Protection Act of 1986, the Brady Handgun Violation Prevention Act of 1993, the Domestic Violence Offender Gun Ban of 1996, and various amendments and additions to those acts, to be and to have been unconstitutional, from inception, and may be repealed in accordance with United States Constitution Article I Section 1. 2. The Congress finds that certain state actors have been infringing on the right to keep and bear arms by their residents inconsistent with the Second Amendment to the United States Constitution, and that it may legislate to prevent such infringement under the Amendment to the United States Constitution proposed June 13, 1866, known as the Fourteenth Amendment.
Firearms Infringement Reform Act (2) SEC. 3. REPEALS. The following statutes or amendments are hereby repealed retroactively to their respective dates of enactment: 1. National Firearms Act of 1934, 48 Stat. 1236, as encoded in 26 USC ch. 53, and elsewhere. 2. Omnibus Crime Control and Safe Streets Act of 1968, Pub.L. 90-351, 82 Stat. 197, as encoded in 42 U.S.C. § 3711, and elsewhere. 3. Gun Control of 1968, Pub.L. 90-618, 82 Stat. 1213, as encoded in 18 USC ch. 44, and elsewhere. 4. Firearm Owners Protection Act of 1986, Pub.L. 99-308, 100 Stat. 449, as encoded in 18 U.S.C. § 921 et seq., and elsewhere. 5. Brady Handgun Violation Prevention Act of 1993, Pub.L. 103-159, 107 Stat. 1536, as encoded in 18 USC 921-922, and elsewhere. 6. Domestic Violence Offender Gun Ban of 1996, Pub.L. 104-208 as encoded in 18 U.S.C. § 922(g)(9), and elsewhere.
Firearms Infringement Reform Act (3) SEC. 4. STATE INFRINGEMENTS. This section shall apply to any official, agent, employee, contractor, or other individual acting at the instigation, direction, or request of such, whether of the United States, a State, United States Territory, or a local authority within a state or territory. 1. No such covered individual shall infringe, impede, tax, or burden the right of any individual to keep and bear arms, or the supplies and implements suitable for militia, including defense, suppression of insurrection, law enforcement, or disaster response, with the following exceptions: a. Possession and use of weapons and other implements may be regulated during actual militia musters by direction of militia officers; b. The right of an individual to possess or use such implements may be disabled by a court order upon proof beyond a reasonable doubt that the right if not disabled for that individual would present a clear and present danger to public safety, or be a penalty for a crime, upon conviction by a unanimous randomly selected jury of twelve. 2. Any individual who has had his right infringed under this section shall have standing for exoneration under any criminal charges, and for a claim of damages and return of property that may have been seized and forfeited, together with costs and attorney fees, or one terajoule of energy, whichever is greater, for each offense.
Firearms Infringement Reform Act (4) SEC. 5. REMEDIATION. (a) CONVICTIONS TO BE SET ASIDE — Any individual convicted under any of the above repealed provisions shall be entitled to have his or her convictions set aside, including any continuing disabilities removed, except as provided below in Sec. 5, upon application therefor to any United States Court of competent jurisdiction. (b) COMPENSATION FOR WRONGFUL CONVICTION — Any individual convicted under any of the above repealed provisions shall be entitled to receive compensation at established rates for wrongful conviction, including any attorney fees and court costs. SEC. 6. EXCEPTION FOR DISABILITY REMOVAL. Removal of a disability to keep and bear arms is not required under this Act if any of the following conditions have been met: (a) The disability was imposed by a court of competent jurisdiction for actions committed on a territory for which Congress has exclusive legislative jurisdiction under United States Constitution Article I Section 8 Clause 17 and Article IV Section 3 Clause 2; and either (1) It was imposed as part of the sentencing order upon conviction of the defendant for an act committed on that territory and as prescribed in the statute under which he or she was convicted; or (2) It was imposed upon unanimous verdict of a jury of twelve on proof beyond a reasonable doubt that the defendant poses a clear and present danger to himself or others if the right is not disabled.
Legal Tender Reform Act SEC. 2. FINDINGS AND AUTHORITY. 1. The Congress finds that the United States Coinage Act of 1965, codified in 31 U.S.C. § 5103, was and is unconstitutionally applied to state territory. 2. The authority for this act is the United States Constitution, Article I, Section 1. SEC. 3. ENACTMENT AND REPEALS. The United States Coinage Act of 1965, as amended and codified in 31 U.S.C. § 5103, is hereby amended as follows: 1. This act shall apply only within non-state territory of the United States, under the exclusive legislative jurisdiction of Congress, in accordance with United States Constitution, Article I Section 8 Clause 17 and Article IV Section 3 Clause 2. 2. On such non-state territory no coin, currency, or note shall be legal tender that is not convertible to a number of megajoules of energy fixed by statute.
Tax Reform Act SEC. 3. ENACTMENT. The United States Internal Revenue Act, as amended and codified in 26 U.S.C., is hereby amended as follows: 1. No tax shall apply outside the territory of the United States, or within non-state territory of the United States, under the exclusive legislative jurisdiction of Congress, in accordance with United States Constitution, Article I Section 8 Clause 17 and Article IV Section 3 Clause 2, where residents are not entitled to be represented by members in Congress. 2. On such non-state territory no tax or other exaction shall be levied on individual compensation for labor, including wages, salaries, or fees, or on gifts, bequests, or inheritances, none of which shall be deemed to be "income". 3. On such non-state territory no tax or other exaction on profit or gain shall be levied on natural or agricultural assets extracted, on any assets held for more than twenty years, or on profit or gain not normalized to its value in megajoules of energy. 4. There is hereby imposed a tax of eight percent on the price, convertible to megajoules of energy, of every purchase of a good or service, other than a financial instrument, for resale or lease or to produce a good or service for sale or lease, due upon first sale or lease of such good or service or any part thereof, and payable by the purchaser.
Tax Reform Act (2) 5. There is hereby imposed a tax on the price, convertible to megajoules of energy, of every purchase of a financial instrument, including any securities, equity shares, notes, bonds, or derivatives, due upon first sale of such financial instrument or any part thereof, and payable by the purchaser, at the rate for each holding period of less than N years, of 0.30 - INT(N - 1)/100. The rate shall be zero for instruments held more than 30 years. 6. There shall be a surtax of five percent on all such purcases made by parties subject to the tax who hold assets in excess of the value equivalent of 10,000 terajoules of energy, ten percent for assets between 10,000 and 100,000 terajoules of energy, fifteen percent for assets between 100,000 and 1,000,000 terajoules of energy, and twenty percent for assets in excess of 1,000,000 terajoules of energy. Parties bound by contract to share gains, lasting more than two years, shall be deemed one party for the purpose of this surtax. 7. In no case shall the purchase tax exceed fifty percent of the remainder after selling at a loss. 8. The purchase of gold, silver, energy, information, or the legal tender of any country shall not be taxed.
Civil Rights Act SEC. 3. ENACTMENT AND REPEALS. Statutes codified in 18 USC Chapter 13 and in 42 USC Chapter 21 are hereby amended as follows: 1. All offenses and remedies under these titles shall be equally applicable to government actors of both the United States and the States of the United States, except that impeachment and removal by Congress shall apply only to United States actors whose appointments are subject to congressional consent. 2. Prosecution of a criminal case in the courts of the United States shall be conducted by a private person appointed by a duly met grand jury who has not served as a government actor of the United States in the preceding year, unless no such person can be found, in which case a government actor may prosecute. 3. Prosecution of a civil case in the courts of the United States shall be conducted only by a private person who has not served as a government actor of the United States in the preceding six months. 4. Prevailing private prosecutions, criminal or civil, shall be entitled to reasonable damages, fees, and costs in an amount not less than the value equivalent to one terajoule of electric energy, for the trial and each level of appeal, payable from the assets of the losing level, branch, and department of government, United States or State.
Civil Rights Act (2) 5. The rights of persons the infringement of which shall provide a basis for a criminal or civil prosecution shall include, but not be limited to, the following: a. All rights already established in the above titles. b. Due process 1. General 1. Due notice of time, place, manner, parties, and subject of any proceeding with sufficient time to respond. 2. Fair hearing and decision on the legal merits, with redress for just grievances, including damages, property, or injunctive or declaratory relief. 3. Not to have just remedies made inaccessible or excessively difficult or costly. 4. Mandated testimony of witnesses. 5. Unimpeded access to courts, court filing, and grand juries, subject only to routine scheduling. 6. Direct presentation of complaints to a grand jury without the presence of any other government actor without the consent of the grand jury. 7. Standing to privately prosecute a public right without having been or expecting personal injury. 8. Not to be subject to retaliation. 9. Not to have admitted any plea or testimony induced by a plea bargain.
Civil Rights Act (3) 2. Criminal trials: 1. Indictment by twelve members of a randomly selected grand jury of 23 who elect their foreperson, upon a finding that the court has jurisdiction and that there is sufficient evidence for a trial, except for persons subject to military or militia discipline. 2. Service as prosecutor upon receipt of an indictment by a grand jury, subject only to consolidation by the grand jury if more than one person seeks to prosecute the same offense. 3. Trial by a randomly selected jury of twelve sworn to uphold applicable constitutions in criminal cases for which the penalty is more than 90 days. 4. No excessive bail when there is little flight risk. 5. No excessive fines imposed. 6. No cruel and unusual punishments inflicted. 7. Speedy and public trial before an impartial jury of the state and district previously defined by law, wherein the offense shall have been committed, and to have the location of commitment be deemed where there was concurrence of mens rea and actus reus. 8. Not to be twice prosecuted for the same offense or same facts under different jurisdictions.
Civil Rights Act (4) 9. To be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence, but not to have counsel or an attorney imposed on him without his consent. 10. Not to be compelled to be a witness against himself. 11. Not be disabled in the exercise, or deprived, of life, liberty, or property, without due process of law, by unanimous verdict of a jury of twelve. 12. Unimpeded presentation of all evidence by the defendant, without being subject to a motion in limine. 13. Unimpeded presentation of all legal argument to the jury, up to the final instructions to the jury, except for argument on a motion in limine that cannot be made without disclosing evidence properly excluded. 14. Unimpeded presentation of all pleadings, alternative instructions, and certified copies of applicable laws and constitutions, to the jury. 15. Not to have a sentence that does not separately disable the exercise of the immunity, and order deprivation of it, within the scope of that disablement
Civil Rights Act (5) 3. Civil trials: Trial by a randomly selected jury of twelve sworn to uphold applicable constitutions in which the amount at issue, including costs, exceeds the equivalent of at least 15.46875 troy ounces of pure silver. 4. Appeals Appeal from a jury verdict only on a writ of error or habeas corpus, according to the rules of the common law in the United States as of 1787, unless the Constitution is amended to provide otherwise.
Civil Rights Act (6) c. Nonauthority 1. Presumption of nonauthority for any claim to authority, to be strictly proved by an unbroken logical chain of derivation from a constitution. 2. Not to have any government actor exercise a power not delegated, regardless of whether one may be personally injured by such exercise. 3. Not to have government actors exercise powers on the pretext of being "necessary and proper" when they are not just to perform his official duties but to get a desired result beyond such duties. 4. To have delegated powers construed as narrowly, and rights, privileges, or immunities construed as broadly, as the language of the Constitution as meant and understood when ratified permits. 5. Priority docketing of all prerogative writs filed by a any person as demandant in the name of the people with a court of competent jurisdiction and served on the respondant, within three sederunt days, unless the respondant requires more, but not more than 20 calendar days, including but not limited to, demurral, quo warranto, habeas corpus, procedendo, mandamus, prohibito, certiorari, and scire facias, and to have default judgment even if no proof is presented or a hearing is not held. 6. Unimpeded and unpunished communications, including speech, press, and education, except such as instigate or direct a felony, misdemeanor, or tort.
Civil Rights Act (7) 7. Unimpeded assembly and exercise of rights in concert with others. 8. Unimpeded assembly as militia for organizing, training, and response to threats to public safety, subject only to direction by state militia officers during a call-up. 9. Unrestricted keeping and bearing of weapons, equipment, and supplies commonly used by military forces, or suitable for militia, subject only to court order of disablement for being a threat to oneself or others, or to the lawful orders of militia officers during a call-up. 10. Unimpeded and unpunished petition for redress of grievances. 11. Unimpeded devotion or practice of religion, not preferentially supported by public funds, that does not instigate or direct a felony, misdemeanor, or tort. 12. Exclusion of government actors from intrusion into one's real property, body, or use of one's personal property, for search, seizure, or for any other reason, without consent, a declared state of war or emergency threat to public, safety, a warrant supported by an affidavit of probable cause, and just compensation for any losses incurred, for each incident.
Civil Rights Act (8) d. Supervision of government actors 1. Access to observation and recordation of any government proceeding except trial and grand jury deliberations or their equivalent, or deliberations on matters of security requiring secrecy. 2. Receipt of records of all proceedings, and accounting for all receipts, loans, debts, and expenditures, and reporting thereof, for eventual examination prior to an election in which the issues may be reviewed. 3. Access to all information about oneself, and either copies at cost of all documentation or to make one's own copies using one's own equipment.
Civil Rights Act (9) f. Other 1. Association and contract to do things not unlawful, including practice of a profession or occupation, marriage, procreation, and acceptance or denial of medical prevention or treatment, except prevention of contagious diseases. 2. Formation, conduct, and revision or dissolution of corporations, partnerships, and other trusts, in which settlor, trustee, and beneficiary are distinct persons who may not be impeded or penalized from directly appearing in any court in such capacities. 3. Not to have some accorded special privileges or protections that favor them over the rest of the people, in ways not essential to the performance of public duties. 4. Travel within, to, and from the United States and any State, territory or locality. 5. Not to be removed from the location of one's birth or lawful residence, or impeded from returning thereto. 6. Not to be enslaved or submitted to peonage except as punishment for a crime, but subject to militia, jury, witness, and other public duty.
Civil Rights Act (10) 7. Not to be impeded or punished for voting if one is a citizen and resident on grounds of race, color, creed, previous servitude, gender, age 18 or above, or failure to pay a tax. 8. Custody and care of close relatives who are non sui juris. 9. Not to be neglected or abused while in custody. 10. Not to be denied any right, privilege, or immunity for failure to have or present a name or other form of identification. 11. Not to be deported without proof that one has not been born or naturalized as a citizen, unless one is born to a person not subject to the allegiance of the United States, such as a foreign diplomat or an invader. g. The foregoing list is not exhaustive, and further rights, privileges, and immunities are to be found in the historical record. The rule of expressio unius est exclusio alterius shall not be applied.
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