2012/02/18

Medical Care Reform Act




113th Congress
1st Session
S. ____
To amend or repeal certain unconstitutional legislation concerning health care.


IN THE UNITED STATES SENATE
January 25, 2013
Mr. ROLAND of Texas introduced the following bill; which was referred to the Commerce Committee.

A BILL
To amend or repeal certain unconstitutional legislation concerning health care.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the 'Medical Care Reform Act of 2013'.

SEC. 2. FINDINGS AND AUTHORITY.

1. The Congress finds that funding and providing medical care as a transfer of wealth from one group to another is unconstitutional, a violation of U.S. Const. Article I Section 8 Clause 1 that requires public expenditures be only for the general welfare and not for the benefit of one group at the expense of another; however,
2. The Congress also finds it is not unconstitutional to fund research, development, and testing of new medical methods of general benefit to all, or to fund and provide medical care for persons injured by government or preparatory for or in the course of government service or militia, or to prevent the spread of contagious disease, or to make use of capacity created for that purpose that would otherwise be wasted.
3. The authority for this act is the United States Constitution, Article I, Section 1.

SEC. 3. ENACTMENT AND REPEALS.

1. The following acts and amendments thereto are hereby repealed or amended as provided in (2) of this section:
  • PL 86-778 Social Security Amendments of 1960 (Kerr-Mills aid)
  • PL 89-97 Social Security Act of 1965
  • Medicare Secondary Payer Act of 1980
  • PL 100-360 Medicare Catastrophic Coverage Act of 1988
  • PL 105-33 Balanced Budget Act of 1997
  • PL 108-173 Medicare Prescription Drug, Improvement, and Modernization Act
  • Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act of 2010
2. With the exception specified in (3) of this section, the above acts are amended as follows:
a. The sole ultimate purpose of funds expended pursuant to this act shall be research, development, and testing of new medical methods which lead to being able to provide a long life of youthful good health to all at a cost almost anyone can afford. To that end,
b. Medical treatment shall be provided only as an incident to research and testing studies, and not to those whose treatment does not serve a research and development objective.
c. Expenditures under this section (2) shall  not exceed tax receipts dedicated to them, and under no circumstances shall it be paid by borrowing or by donations from any financial institution.
3. Existing programs to fund and provide medical care for persons injured by government or preparatory for or in the course of government service or militia, or to prevent the spread of contagious disease, or to make use of capacity created for that purpose that would otherwise be wasted, are not to be affected by this act.

SEC. 4. TRANSITIONAL.

1. Current obligations for services performed as of the date of enactment of this bill shall be paid.
2. Conversion from a treatment system to a research system shall be phased in, after four months at the rate of five percent per month for twenty months, to be completed by the end of the second year.
END.
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Campaign Finance Reform Act of 2013




113th Congress
1st Session
S. ____
To amend campaign finance acts to bring them into compliance with the United States Constitution.


IN THE UNITED STATES SENATE
January 25, 2013
Mr. ROLAND of Texas introduced the following bill; which was referred to the Judiciary Committee.

A BILL
To amend the Federal Election Campaign Act, the Bipartisan Campaign Reform Act, and amendments thereto, to bring them into compliance with the United States Constitution.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the 'Campaign Finance Reform Act of 2013'.

SEC. 2. FINDINGS AND AUTHORITY.

1. The authority for this act is the United States Constitution, Article I, Section 1, Section 4, and Section 5 Clause 2.
2. Application of the Federal Election Campaign Act of 1972, the Bipartisan Campaign Reform Act of 2002, and amendments thereto, to persons who are not current members of the United States Congress is unconstitutional.

SEC. 3. ENACTMENT AND REPEALS.

1. Provisions of the Federal Election Campaign Act of 1972 (FECA, Pub.L. 92-225, 86 Stat. 3, enacted February 7, 1972, 2 U.S.C. § 431 et seq.), the Bipartisan Campaign Reform Act of 2002(BCRA, McCain–Feingold Act, Pub.L. 107-155, 116 Stat. 81, enacted March 27, 2002, H.R. 2356) , and amendments thereto, that apply only to persons not current members of the United States Congress, are hereby repealed, retroactively.
2. Remaining provisions shall apply only to current members of the United States Congress while they hold that office.
3. The rule of construction for all cases arising under this act shall be the presumption of nonauthority.

SEC. 4. REMEDIATION.

Persons injured by the repealed provisions while they were enacted shall be entitled to just compensation therefor, upon adjudication in the United States Court of Claims, or other court of competent jurisdiction.
END.
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2012/02/16

Civil Rights Act of 2013

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.
10. Not to have any property or asset taken or forfeited without civil or criminal judgment in a trial, with possession presumed to establish title unless proved otherwise.
11. Not to have any right, privilege, or immunity disabled by statute unless one is a minor, which by default shall be any individual under the age of 18 unless the disabilities of minority are extended or reduced by court order.
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.
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
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 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.
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.
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.
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. Accurate recording, counting, and reporting of all votes cast by eligible voters in any public election with protection from disclosure of how each voted.
4. 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.
5. Effective low-cost remedies for getting information about oneself corrected, and use of such information restricted to that for which there is consent by oneself.
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.
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.
12. Not to be subject to penalty for not doing something, such as paying a tax, if government agents refuse to allow it to be done, such as accepting payment of a tax.
13. Not to deny relief from some government action for lack of an appropriation to process the application for relief, or having an official to receive the application, and to fail to recognize the demand for such relief as being granted by default.
14. Not to be required to procreate or if an adult, to refrain from procreating.
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.
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.
10. Not to have any property or asset taken or forfeited without civil or criminal judgment in a trial, with possession presumed to establish title unless proved otherwise.
11. Not to have any right, privilege, or immunity disabled by statute unless one is a minor, which by default shall be any individual under the age of 18 unless the disabilities of minority are extended or reduced by court order.
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.
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
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 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.
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.
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.
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. Accurate recording, counting, and reporting of all votes cast by eligible voters in any public election with protection from disclosure of how each voted.
4. 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.
5. Effective low-cost remedies for getting information about oneself corrected, and use of such information restricted to that for which there is consent by oneself.
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.
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.
12. Not to be subject to penalty for not doing something, such as paying a tax, if government agents refuse to allow it to be done, such as accepting payment of a tax.
13. Not to deny relief from some government action for lack of an appropriation to process the application for relief, or having an official to receive the application, and to fail to recognize the demand for such relief as being granted by default.
14. Not to be required to procreate or if an adult, to refrain from procreating.
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.
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.
10. Not to have any property or asset taken or forfeited without civil or criminal judgment in a trial, with possession presumed to establish title unless proved otherwise.
11. Not to have any right, privilege, or immunity disabled by statute unless one is a minor, which by default shall be any individual under the age of 18 unless the disabilities of minority are extended or reduced by court order.
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.
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
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 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.
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.
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.
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. Accurate recording, counting, and reporting of all votes cast by eligible voters in any public election with protection from disclosure of how each voted.
4. 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.
5. Effective low-cost remedies for getting information about oneself corrected, and use of such information restricted to that for which there is consent by oneself.
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.
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.
12. Not to be subject to penalty for not doing something, such as paying a tax, if government agents refuse to allow it to be done, such as accepting payment of a tax.
13. Not to deny relief from some government action for lack of an appropriation to process the application for relief, or having an official to receive the application, and to fail to recognize the demand for such relief as being granted by default.
14. Not to be required to procreate or if an adult, to refrain from procreating.
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.
The following is the first draft of a bill I am composing, to be filed when I take office as U.S. Senator from Texas. Constructive comments are welcome. Click on this link to go to the latest version. Please forward widely.

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Civil Rights Act








113th Congress
1st Session
S. ____
To provide remedies for violations of rights, privileges, and immunities of persons by government actors.







IN THE UNITED STATES SENATE
January 25, 2013
Mr. ROLAND of Texas introduced the following bill; which was referred to the Judiciary Committee.

A BILL
To provide remedies for violations of rights, privileges, and immunities of persons by government actors.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the 'Civil Rights Act of 2013'.

SEC. 2. FINDINGS AND AUTHORITY.

1. The Congress finds that it has comminatory and punitive powers over government actors, including:
a. Military personnel under U.S. Const. Article I Section 8 Clause 14.
b. Militia personnel under U.S. Const. Article I Section 8 Clause 16.
c. Civil officers, their subordinates and agents, of all branches and departments of the government of the United States under U.S. Const. Article II Section 4.
d. Civil officers, their subordinates and agents, of all branches, departments, and subdivisions of the governments of the States of United States under the amendment to the U.S. Const. proposed in 1866 and presumed ratified in 1868.
2. The Congress finds that it has comminatory and punitive powers over such government actors, expressed in the U.S. Constitution as "treason, bribery, and other high crimes and misdemeanors", includes:
a. Common law crimes established in the territory of what would become the United States as of 1787.
b. Offenses inconsistent with the duties of government actors, including offenses of the kind subject to court-martial under the Uniform Code of Military Justice as of the date of enactment hereof, such as:
1. Dereliction of duty, bribery, yielding to intimidation, or bias.
2. Insubordination, failure to obey a lawful order of a superior, or to comply with a lawful statute or regulation.
3. Perjury, fraud, or conduct unbecoming.
4. Abuse of power, tending to the infringement of the rights of any person.
3. The Congress finds that it has power, under U.S. Const. Article III Section 2 Clause 2, to establish jurisdictions for civil causes of action among private parties of diverse residency or citizenship in the courts of the United States.

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.
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.
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.
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 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
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.
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.
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.
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.
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.
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.

SEC. 4. REMEDIATION.

Persons whose rights have been violated within the preceding 20 years from enactment hereof shall have standing to seek relief under its provisions.

SEC. 5. TRANSITIONAL.

Older victims of past abuse shall have their cases dockets ahead of younger persons to allow for them to receive redress while they remain alive.

END.

2012/02/13

Abuses for which one can't get a jury trial

The jury is often recommended as the principal correction on government abuse, and it is urged to educate the public on how to serve on a jury, but if we examine a wide range of kinds of cases, we can find many for which the target of abuse can't get a jury. Here are a few, and recipients may be able to add to it:


  1. Abuse of rights by a government official such as a cop
    1. File criminal complaint under 18 USC 241, 242
      1. Prosecutor refuses to prosecute, or takes to grand jury with recommendation they no-bill it; or
      2. Judge rules there is no question of fact, therefore no right to a jury; or
      3. Prosecutor takes case to trial, but neither he nor defendant request a jury, because the judge is a former prosecutor who likes cops; or
      4. Judge directs jury to acquit: or
      5. Judge removes jurors from panel until he gets jury he wants
      6. Case dismissed
      7. Remedy: Private criminal prosecution, which will require electing official to provide for that by law
    2. File civil petition under 42 USC 1983, or under Bivens precedent or other theory of law
      1. Dismissed by judge for lack of standing, failure to state a claim for which relief can be granted
      2. Never get to apply for a jury
      3. Appeal it, but no jury available on appeal
      4. Appeal dismissed
      5. Remedy: Elect different judge or judge-appointing official, or elect officials who will pass reform laws
  2. Individual sues official or government for damages or for contract payment
    1. Government claims official or sovereign immunity, or
    2. Government waives sovereign immunity and consents to be sued
    3. Individual wins judgment
    4. Can only collect by applying to admin for payment from fund appropriated for purpose
    5. Admin ignores judgment and refuses payment
    6. Individual seeks writ of mandamus, which is ignored; or
    7. Mandamus issued, and admin agent ignores it
    8. Appeals denied until all admin remedies are exhausted
    9. Individual runs out of money to pursue claim, and no legal fees available to interest lawyer on contingency
    10. Remedy: Elect officials who will adopt constitutional amendment
  3. Individual files writ of habeas corpus, or other writ
    1. Judge refuses to act on writ; or
    2. Respondant refuses to respond; and
    3. Judge takes no action against respondant
    4. Appeal denied because no issue of law on which appeal can be made
    5. Remedy: Elect officials who will adopt constitutional amendment
  4. Judge sanctions lawyer large amount of money for making arguments he doesn't like, pays money to opposing counsel
    1. No right to a jury
    2. Remedy: Elect officials who will pass law providing for a right to a jury
  5. Administrative proceeding (such as tax court) rules wrongly against individual
    1. Wronged individual takes it to Art. III court
    2. Art. III court "defers" to finding of admin agency, putting burden of proof on individual
    3. Judge summarily finds for admin agency with no opportunity for jury
    4. Individual appeals, but no jury available on appeal
    5. Remedy: Elect officials who will adopt constitutional amendment
  6. Family court awards custody to one spouse, levies child support on other
    1. No right to a jury on custody issue
    2. Judge orders noncustodial spouse to jail for nonpayment of child support as "civil contempt", or garnishes his wages in state that allows that
    3. No right to a jury on civil contempt
    4. Remedy: Elect officials who will adopt constitutional amendment
  7. Probate court unjustly settles estate
    1. Divides estate among cronies, lawyers, court-appointed administrators
    2. No right to a jury on probate
    3. Remedy: Elect officials who will adopt constitutional amendment
  8. Bankruptcy court unjustly settles assets of bankrupt
    1. Divides assets among cronies, lawyers, court-appointed administrators
    2. No right to a jury on bankruptcy
    3. Remedy: Elect officials who will adopt constitutional amendment
  9. One party unjustly gets injunction, or is denied injunction
    1. No right to a jury on injunctions, except in a few states like Texas
    2. Remedy: Elect officials who will adopt constitutional amendment
  10. Individual prosecuted civilly for unauthorized practice of law
    1. No right to a jury on UPL
    2. Remedy: Elect officials who will adopt constitutional amendment
  11. Individual ruled incompetent, consigned to nursing home or asylum
    1. No right to a jury on competency hearings
    2. Remedy: Elect officials who will adopt constitutional amendment
  12. Property taken by eminent domain
    1. No right to a jury on eminent domain
    2. Remedy: Elect officials who will adopt constitutional amendment
  13. Non-judicial foreclosure
    1. No right to a jury on non-judicial foreclosure
    2. Remedy: Elect officials who will adopt constitutional amendment
  14. Asset forfeiture in rem
    1. No right to a jury on asset forfeiture in rem
    2. Remedy: Elect officials who will adopt constitutional amendment
  15. Fines for code or zoning violation or for creating a nuisance
    1. No right to a jury on such cases
    2. Remedy: Elect officials who will adopt constitutional amendment
  16. Ineligible official assumes office, or exceeds his authority
    1. No right to a jury on such cases
    2. Remedy: Elect officials who will adopt constitutional amendment or statute to provide for quo warranto, perhaps decided by jury
  17. President enters into executive agreement with foreign executive on trade that puts someone out of business
    1. Dismissed by judge for lack of standing, failure to state a claim for which relief can be granted
    2. Never get to apply for a jury
    3. Remedy: Elect different judge-appointing official, or elect officials who will pass reform laws or impeach president
  18. President goes to war without congressional declaration of war or letters of marque and reprisal
    1. Dismissed by judge for lack of standing, failure to state a claim for which relief can be granted
    2. Never get to apply for a jury
    3. Remedy: Elect different judge-appointing official, or elect officials who will pass reform laws or impeach president
  19. Supreme Court or other appeals court makes wrong decision
    1. No right to a jury on appeals
    2. Remedy: Elect officials who will appoint different judges, or adopt constitutional amendment or statute to provide for reform
  20. Legislature passes, and executive officials enforce, unconstitutional statutes based only on wrong court precedents
    1. No right to a jury on constitutionality of legislation, or than the application of it to criminal cases
    2. Remedy: Elect different legislators, or officials who will appoint different judges, or who will adopt constitutional amendment or statute to provide for reform
Basically, the main opportunity for jury intervention is in contract, tort, and criminal cases, but many abuses do not involve such issues.

For almost all of these, the only remedy is elections and constitutional amendments.

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2012/02/12

What "commerce" meant to the Framers

Much of what the U.S. government does is based on the broad interpretation by judges of the term "commerce" in Article I Section 8 of the U.S. Constitution, but what did that term mean to the Framers, and how was it understood by people in 1787?

I set out to discover the evidence from historical records of what it meant. I had read most of what the Framers wrote, and much of what they read, and could find few mentions of the word, mostly after the Constitution was drafted and its ratification was being debated. One of the things I did was to search through copies in the archives of the American Antiquarian Society of the newspapers published before 1788, most of which were price reports on trade goods, but among all those editions, I found only four instances of the word "commerce", all used to refer to the trade goods being reported. Evidently the word "commerce" was not commonly used among ordinary people in the American colonies or newly independent states.

When I searched the works most often cited by the Framers as authoritative, I found only one instance of the word "commerce" defined. That was in The Law of Nations, , Book I § 92, by Swiss writer Emmerich de Vattel, originally published in 1758, in French. "Commerce" was a French word. He defined it thus:
... commerce consists in mutually buying and selling all sorts of commodities.
Although the Framers did not cite that particular passage, their frequent cites of other passages supports the position that had they been asked to provide authority for the term as they meant it, it would have been to Vattel.

However, I was not satisfied with that one brief passage. Fortunately, I found in a used bookstore a facsimile edition of the very first edition, from 1771, of the Encyclopedia Britannica, in three volumes. It was published with a magnifier lens to enable the reader to see its very fine print. It is a treasure trove of articles on subjects that reveal better than most writings what many of the terms meant, at least to the Scots authors of the set. It was clearly a product of the Scottish Enlightenment that had a large influence on the Founders of the U.S. One of its articles is on "Commerce", comprising more than 11 pages. I have scanned, OCRed, rendered it into HTML, and posted it on our website here for the convenience of readers. I plan to put up more of it here as time and donations permit.

The opening paragraph of the article reads:
COMMERCE is an operation, by which the wealth, or work, either of individuals, or of societies, may be exchanged, by a set of men called merchants, for an equivalent, proper for supplying every want, without any interruption to industry, or any check upon consumption.
The rest of the article elaborates on this, explaining further the meaning of the term, and from that we can extract what the term included:
  1. Transfer of title to and possession of tangible commodities in exchange for a valuable consideration, here called an "equivalent", from a seller to a buyer.
  2. There must be at least one merchant between the ultimate producer of the commodity, and the ultimate consumer of it.
What it did not include were:
  1. Direct sales from producers to consumers.
  2. Services, credit, leasing, and financing (and today, energy).
  3. Transport that did not involve a sale.
  4. Speech, press, or other communications or information.
  5. Extraction of a resource.
  6. Manufacturing.
  7. Possession before or after the sale.
  8. Use and enjoyment.
  9. Disposition, including further conveyance not itself for a valuable consideration and through a merchant.
Now this meaning is very different from the meaning the word has for people today, who tend to use the word for economic activity of all kinds. But understanding what it does not include is important when the term is used in a delegation of a power, because by the common law rule of construction, presumed incorporated into the Constitution, "powers" were to be construed as narrowly as the words permit. These rules can be found in the legal maxims:

Potestas stricte interpretatur. A power is strictly interpreted. 
In dubiis, non præsumitur pro potentia. In cases of doubt, the presumption is not in favor of a power.
Conversely, since rights (or more precisely, immunities) are the complement of delegated powers, narrow construction of powers means broad construction of immunities. If there is any doubt, the presumption must always be against a power and in favor of a right against the exercise of the power.

The article does much more than just define the boundaries on what is and is not "commerce". It is a kind of mini-textbook on economics as it was understood at the time, with discussion of supply, demand, pricing, and money.

The article uses many terms in ways that allow the etymologist to extract their meaning. An example of this is the word "state", which from context refers to a society with a territory, not to a government. This is also the meaning it had in the U.S. Constitution.


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