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.
Donations to support this work are needed for it to continue.
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.
