Aug. 2, 2016

4/9/93 #2   HATONN

 

Continuation of:

THE NEWSTATES CONSTITUTION (Already in use even though unratified)

 

ARTICLE IV

THE PLANNING BRANCH

SECTION 1.   There shall be a Planning Branch to formulate and administer plans and to prepare budgets for the uses of expected income in pursuit of politics formulated by the processes provided herein.

SECTION 2.   There shall be a National Planning Board of fifteen members appointed by the President; the first members shall have terms designed by the President of one to fifteen years, thereafter on shall be appointed each year; the President shall appoint a Chairman who shall serve for fifteen years unless removed by him.

SECTION 3.   The Chairman shall appoint, and shall supervise, a planning administrator, together with such deputies as may be agreed to by the Board.

SECTION 4.   The Chairman shall present to the Board six and twelve year development plans prepared by the planning staff.  They shall be revised each year after public hearings, and finally in the year before they are to take effect.  They shall be submitted to the President on the fourth Tuesday in July for transmission to the Senate on September 1st with his comments.

If the members of the Board fail to approve the budget proposals by the forwarding date, the Chairman shall nevertheless make submission to the President with notations of reservation by such members.  The President shall transmit this proposal, with his comments, to the House of Representatives on September 1.

SECTION 5.   It shall be recognized that the six and twelve year development plans represent national intentions tempered by the appraisal of possibilities.  The twelve-year plan shall be a general estimate of probable progress, both governmental and private; the six-year plan shall be more specific as to estimated income and expenditure and shall take account of necessary revisions.

The purpose shall be to advance, through every agency of government, the excellence of national life. It shall be the further purpose their impact, to assimilate them into existing institutions, and to moderate deleterious effects on the environment and on society.

The six and twelve year plans shall be disseminated for discussion and the opinions expressed shall be considered in the formulation of plans for each succeeding year with special attention to detail in proposing the budget.

SECTION 6.   For both plans an extension of one year into the future shall be made each year and the estimates for all other years shall be revised accordingly.  For nongovernmental activities the estimate of developments shall be calculated to indicate the need for enlargement or restriction.

SECTION 7.   If there be objection by the President or the Senate to the six or twelve year plans, they shall be returned for restudy and resubmission.  If there still be differences, and if the President and the Senate agree, they shall prevail.  If they do not agree, the Senate shall prevail and the plan shall be revised accordingly.

SECTION 8.   The Newstates, on June 1, shall submit proposals for development to be considered for inclusion in those of the Newstates of America.  Researches and administration shall be delegated, when convenient, to planning agencies of the Newstates.

SECTION 9.   There shall be submissions from private individuals or from organized association affected with a public interest, as defined by the Board.  They shall report intentions to expand, or contract, estimates of production and demand, probable to be employed, and other essential information.

SECTION 10.   The Planning Branch shall make and have custody of official maps, and these shall be documents of reference for future developments both public and private; on them the location of facilities, with extension indicated, and the intended use of all areas shall be marked out.

Official maps shall also be maintained by the planning agencies of the Newstates, and in matters not exclusively national the National Planning Board may rely on these.

Undertakings in violation of officials designation shall be at the risk of the venturer, and there shall be no recourse; but losses from designations after acquisition shall be recoverable in actions before the Court of Claims.

SECTION 11.   The Planning Branch shall have available to it funds equal to one-half of one percent of the approved national budget (not including debt services or payments from trust funds.)  They shall be held by the Chancellor of Financial Affairs and expended according to rules approved by the Board; but funds not expended within six years shall be available for other uses.

SECTION 12.   Allocations may be made for the planning agencies of the Newstates; but only the maps and plans of the National Board, or those approved by them, shall have status at law.

SECTION 13.   In making plans, there shall be due regard to the interests of other nations and such cooperation with their intentions as may be approved by the Board.

SECTION 14.   There may also be cooperation with international agencies and such contributions to their work as are not disapproved by the President.

 

ARTICLE V

THE PRESIDENCY

SECTION 1.   The President of the Newstates of America shall be the head of government, shaper of its commitments, expositor of its policies, and supreme commander of its protective forces; shall have one term of nine years, unless rejected by 60 percent of the electorate after three years; shall take care that the nation's resources are estimated and are apportioned to its more exigent needs; shall recommend such plans, legislation, and action as may be necessary; and shall address the legislators each year on the state of the nation, calling upon them to do their part for the general good.

SECTION 2.   There shall be two Vice-Presidents elected with the President; at the time of taking office the President shall designate one Vice-President to supervise internal affairs; and one to be deputy for general affairs.  [H: I cannot pass this one without calling special attention to what you have RIGHT NOW in the form of Hillary and Al Gore.  You already HAVE THE TWO!]  The deputy for general affairs shall succeed if the presidency be vacated; the Vice-President for internal affairs shall be second in succession.  If either Vice-President die or be incapacitated, the President, with the consent of the Senate, shall appoint as successor.  Vice-Presidents shall serve during an extended term with such assignments as the President may make.

If the presidency fall vacant through the disability of both Vice-Presidents, the Senate shall elect successors from among its members to serve until the next general election.

With the Vice-Presidents and other officials the President shall see to it that the laws are faithfully executed and shall pay attention to the findings and recommendations of the Planning Board, the National Regulatory Board, and the Watchkeeper in formulating national policies.

SECTION 3.   Responsible to the Vice-President for General Affairs there shall be Chancellors of External, Financial, Legal, and Military Affairs.

The Chancellor of External Affairs shall assist in conducting relations with other nations.

The Chancellor of Financial Affairs shall supervise the nation's financial and monetary systems, regulating its capital markets and credit-issuing institutions as they may be established by law; and this shall include lending institutions for operations in other nations or in cooperation with them, except that treaties may determine their purposes and standards.

The Chancellor of Legal Affairs shall advise governmental agencies and represent them before the courts.

The Chancellor of Military Affairs shall act for the presidency in disposing all armed forces except militia commanded by governors; but these shall be available for national service at the President's convenience.

Except in declared emergency, the deployment of forces in far waters or in other nations without their consent shall be notified in advance to a national security committee of the Senate hereinafter provided.

SECTION 4.   Responsible to the Vice-President for Internal Affairs there shall be chancellors of such departments as the President may find necessary and are not rejected by a two-thirds vote then the succeeding budget is considered.

SECTION 5.   Candidates for the presidency and the vice-presidencies shall be natural-born citizens.  Their suitability may be questioned by the Senate within ten days of their nomination, and if two-thirds of the whole agree, they shall be ineligible and a nominating convention shall be reconvened.  At the time of his nomination no candidate shall be a member of the Senate and none shall be on active service in the armed forces or a senior civil servant.

SECTION 6.   The President may take leave because of illness or for an interval of relief, and the Vice-President in charge of General Affairs shall act.  The President may resign if the Senate agree; and, if the term shall have more than two years to run, the Overseer shall arrange for a special election for President and Vice-President.

SECTION 7.   The Vice-Presidents may be directed to perform such ministerial duties as the President may find convenient; but their instruction shall be of record, and their actions shall be taken as his deputy.

SECTION 8.   Incapacitation may be established without concurrence of the president by a three-quarters vote of the Senate, whereupon a successor shall become Acting President until the disability be declared, by a similar vote, to be ended or to have become permanent. Similarly the other Vice-President shall succeed if a predecessor die or be disabled.  Special elections, in these contingencies, may be required by the Senate.

Acting Presidents may appoint deputies, unless the Senate object, to assume their duties until the next election.

SECTION 9.   The Vice-Presidents, together with such other officials as the President may designate from time to time, may constitute a cabinet or council; but this shall not include officials of other branches.

SECTION 10.   Treaties or agreements with other nations, negotiated unto the President's authority, shall be in effect unless objected to by a majority of the Senate within ninety days.  If they are objected to, the President may resubmit and the Senate reconsider. If a majority still object, the Senate shall prevail.

SECTION 11.   All others, except those of other branches, shall be appointed and may be removed by the President.  A majority of the Senate may object to appointments within sixty days, and alternative candidates shall be offered until it agrees.

SECTION 12.   The President shall notify the Planning Board and the House of Representatives, on the fourth Tuesday in June, what the maximum allowable expenditures for the ensuing fiscal year shall be.

The President may determine to make expenditures less than provided in appropriations; but, except in declared emergency, none shall be made in excess of appropriations.  Reduction shall be because of changes in requirements and shall not be such as to impair the integrity of budgetary procedures.

SECTION 13.   There shall be a Public Custodian, appointed by the President and removable by him, who shall have charge of properties belonging to the government, but not allocated to specific agencies, who shall administer common public services, shall have charge of building construction and rentals, and shall have such other duties as may be designated by the President or the designated Vice-Presidents.

SECTION 14.   There shall be an Intendant responsible to the President who shall supervise Offices for Intelligence and Investigation; also an Office of Emergency Organization with the duty of providing plans and procedures for such contingencies as can be anticipated.

The Intendant shall also charter non-profit corporations (of foundations), unless the President shall object, determined by him to be for useful public purposes.  Such corporation shall be exempt from taxation but shall conduct no profitmaking enterprises.

SECTION 15.   The Intendant shall also be a counselor for the coordination of scientific and cultural experiments, and for studies within the government and elsewhere, and for this purpose shall employ such assistance as may be found necessary.

SECTION 16.   Offices for other purposes may be established and may be discontinued by presidential order within the funds allocated in the procedures or appropriation.

 

ARTICLE VI

THE LEGISLATIVE BRANCH

(The Senate and the House of Representatives)

 

A. THE SENATE

SECTION 1.   There shall be a Senate with membership as follows: If they so desire, former Presidents, Vice-Presidents, Principal Justices, Overseers, Chairmen of the Planning and Regulatory Boards, Governors having had more than seven years service, and unsuccessful candidates for the presidency and vice-presidency who have received at least 30 percent of the vote.  To be appointed by the President, three persons who have been Chancellors, two officials from the diplomatic services, two senior military officers, also one person from a panel of three elected in a process approved by the overseer, by each of twelve such groups or associations as the President may recognize from time to time to be nationally representative, but none shall be a political or religious group, no individual selected shall have been paid by any private interest to influence government, and any association objected to by the Senate shall not be recognized. Similarly, to be appointed by the Principal Justice, two persons distinguished in public law and two former members of the High Courts or the Judicial Council.  Also, to be elected by the House of Representatives, three members who have served six or more years.

Vacancies shall be filled as they occur.

SECTION 2.   Membership shall continue for life, except that absences not provided for by rule shall constitute retirement, and that Senators may retire voluntarily.

SECTION 3.   The Senate shall elect as presiding officer a Convener who shall serve for two years, when his further service may be discontinued by a majority vote.  Other officers, including a Deputy, shall be appointed by the Convener unless the Senate shall object.

SECTION 4.   The Senate shall meet each year on the second Tuesday in July and shall be in continuous session, but may adjourn to the call of the Convener.  I quorum shall be more than three-fifths of the whole membership.

SECTION 5.   The Senate shall consider, and return within thirty days, all measures approved by the House of Representatives (except the annual budget).  Approval or disapproval shall be by a majority vote of those present. Objection shall stand unless the House of Representatives shall overcome it by a majority vote plus one; if no return be made, approval by the House of Representatives shall be final.

For consideration of laws passed by the House of Representatives or for other purposes, the Convener may appoint appropriate committees.

SECTION 6.   The Senate may ask advise from the Principal Justice concerning the constitutionality of measures before it; and if this be done, the time for return to the House of Representatives may extend to ninety days.

SECTION 7.   If requested, the Senate may advise the President on matters of public interest; or, if not requested, by resolution approved by two-thirds of those present.  There shall be a special duty to expressions of concern during party conventions and commitments made during campaigns; and if these be neglected, to remind the President and the House of Representatives that these undertakings are to be considered.

SECTION 8.   In time of present or prospective danger caused by cataclysm, by attack, or by insurrection, the Senate may declare a national emergency and may authorize the President to take appropriate action.  If the Senate be dispersed, and no quorum available, the President may proclaim the emergency, and may terminate it unless the Senate shall have acted.  If the President be not available, and the circumstances extreme, the senior serving member of the presidential succession may act until a quorum assembles.

SECTION 9.   The Senate may also define and declare a limited emergency in time of prospective danger, or of local or regional disaster, or if an extraordinary advantage be anticipated.  It shall be considered by the House of Representatives within three days and, unless disapproved, may extend for a designated period and for a limited are before renewal.

Extraordinary expenditures during emergency may be approved, without regard to usual budget procedures, by the House of Representatives with the concurrence of the President.

SECTION 10.   The Senate, at the beginning of each session, shall select three of its members to constitute a national Security Committee to be consulted by the President in emergencies requiring the deployment of the armed forces abroad.  If the Committee dissent from the President's proposal, it shall report to the Senate, whose decision shall be final.

SECTION 11.   The Senate shall elect, or may remove, a national Watchkeeper, and shall oversee, through a standing committee, a Watchkeeping Service conducted according to rules formulated for their approval.

With the assistance of an appropriate staff the Watchkeeper shall gather and organize information concerning the adequacy, competency, and integrity of governmental agencies and their personnel, as well as their continued usefulness; and shall also suggest the need for new or expanded services, making report concerning any agency of the deleterious effect of its activities on citizens or on the environment.

The Watchkeeper shall entertain petitions for the redress of grievances and shall advise the appropriate agencies if there be need for action.

For all these purposes, personnel may be appointed, investigations made, witnesses examined, post audits made, and information required.

The Convener shall present the Watchkeeper's findings to the Senate, and if it be judged to be in the public interest, they shall be made public or, without being made public, sent to the appropriate agency for its guidance and such action as may be needed.  On recommendation of the Watchkeeper the Senate may initiate corrective measures to be voted on by the House of Representatives within thirty days.  When approved by a majority and not vetoed by the President, they shall become law.

For the Watchkeeping Service one-quarter of one percent of individual net taxable incomes shall be held by the Chancellor of Financial Affairs; but amounts not expended in any fiscal year shall be available for general use.

B. THE HOUSE OF REPRESENTATIVES

SECTION 1.   The House of Representatives shall be the original lawmaking body of the Newstates of America.

SECTION 2.   It shall convene each year on the second Tuesday in July and shall remain in continuous session except that it may adjourn to the call of a Speaker, elected by a majority vote from among the Representatives-at-large, who shall be its presiding officer.

SECTION 3.   It shall be a duty to implement the provisions of this constitution and, in legislature, to be guided by them.

SECTION 4.   Party leaders and their deputies shall be chosen by caucus at the beginning of each session.

SECTION 5.   Standing and temporary committees shall be selected as follows:

Committees dealing with the calendaring and management of bills shall have a majority of members nominated to party caucuses by the Speaker; other members shall be nominated by minority leaders.  Membership shall correspond to the parties' proportions at the last election.  If nominations be not approved by a majority of the caucus, the Speaker of the minority leaders shall nominate others until a majority shall approve.

Members of other committees shall be chosen by party caucus in proportion to the results of the last election. Chairmen shall be elected annually from among at-large-members.

Bills referred to committees shall be returned to the House with recommendations within sixty days unless extension be voted by the House.

In al committee actions names of those voting for and against shall be recorded.

No committee chairman may serve longer than six years.

SECTION 6.   Approved legislation, not objected to by the Senate within the allotted time, shall be presented to the President for his approval or disapproval.  If the President disapprove, and three-quarters of the House membership still approve, it shall become law.  The names of those voting for and against shall be recorded.  Bills not returned within eleven days shall become law.

SECTION 7.   The President may have thirty days to consider measures approved by the House unless they shall have been submitted twelve days previous to adjournment.

SECTION 8.   The House shall consider promptly the annual budget; if there still be objection by a two-thirds majority, the House shall prevail.  Objection must be by whole title; titles not objected to when voted on shall constitute appropriation.

The budget for the fiscal year shall be in effect on January 1.  Titles not yet acted on shall be as in the former budget until action be completed.

SECTION 9.   It shall be the duty of the House of make laws concerning taxes.

    1.   For their laying and collection:

        a.   They shall be uniform, and shall not be retroactive.

        b.   Except such as may be authorized by law to be laid by Authorities, or by the Newstates, all collections shall be made by a national revenue agency.  This shall include collections for trust funds hereinafter authorized.

        c.   Except for corporate levies to be held in the national Sharing Fund, hereinafter authorized, taxes may be collected only from individuals and only from incomes; but there may be withholding from current incomes.

        d.   To assist in the maintenance of economic stability, the President may be authorized to alter rates by executive order.

        e.   They shall be imposed on profitmaking enterprises owned or conducted by religious establishments or other nonprofit organizations.

        f.   There shall be none on food, medicines, residential rentals, or commodities or services designed by law as necessities; and there shall be no double taxation.

        g.   None shall be levied for registering ownership or transfer of property.

    2.   For expenditure from revenues:

        a.   For the purposes detailed in the annual budget unless objection be made by the procedure prescribed herein.

        b.   For such other purposes as the House may indicate and require the Planning Board to include in revision of the budget; but, except in revision of the budget; but, except in declared emergency, the total may not exceed the President's estimate of available funds.

    3.   For fixing the percentage of net corporate taxable incomes to be paid into a National Sharing Fund to be held in the custody of the Chancellor of Financial Affairs and made available for such welfare and environmental purposes as are authorized by law.

    4.   To provide for the regulation of commerce with other nations and among the Newstates, Possessions, Territories; or, as shall be mutually agreed, with other organized governments; but exports shall not be taxed; and imports shall not be taxed except on recommendation of the President at rates whose allowable variations shall have been fixed by law.  There shall be no quotas, and no nations favored by special rates, unless by special acts requiring two-thirds majorities.

    5.   To establish, or provide for the establishment of, institutions for the safe-keeping of savings, for the gathering and distribution of capital, for the issuance of credit, for regulating the coinage of money, for controlling the media of exchange, and for stabilizing prices; but such institutions, when not public or semipublic, shall be regarded as affected with the public interest and shall be supervised by the Chancellor of Financial Affairs.

    6.   To establish institutions for insurance against risks and liabilities for communication, transportation, and others commonly used and necessary for public convenience.

    7.   To assist in the maintenance of world order, and, for this purpose, when the President shall recommend, to vest jurisdiction in international legislative, judicial, or administrative agencies.

    8.   To develop with other peoples, and for the benefit of all, the resources of space, of other bodies in the universe, and of the seas beyond twelve miles from low-water shores unless treaties shall provide other limits.

    9.   To assist other peoples who have not attained satisfactory levels of well-being; to delegate the administration of funds for assistance, whenever possible, to international agencies; and to invest in or contribute to the furthering of development in other parts of the world.

    10.   To assure, or to assist in assuring, adequate and equal facilities for education; for training in occupations citizens may be fitted to pursue; and to reeducate or retrain those whose occupations may become obsolete.

    11.   To establish or to assist institutions devoted to higher education, to research, or to technical training.

    12.   To establish and maintain, or assist in maintaining, libraries, archives, monuments, and other places of historic interest.

    13.   To assist in the advancement of sciences and technologies; and to encourage cultural activities.

    14.   To conserve natural resources by purchase, by withdrawal from use, or by regulation; to provide, or to assist in providing, facilities for recreation; to establish and maintain parks, forests, wilderness areas, wetlands, and prairies; to improve streams and other waters; to ensure the purity of air and water; to control the erosion of soils; and to provide for all else necessary for the protection and common use of the national heritage.

    15.   To acquire property and improvements for public use at costs to be fixed, if necessary, by the Court of Claims.

    16.   To prevent the stoppage or hindrance of governmental procedures, or other activities affected with a public interest as defined by law, by reason of disputes between employers and employees, or for other reasons, and for this purpose to provide for conclusive arbitration if adequate provision for collective bargaining fail.  From such findings there may be appeal to the Court of Arbitration Review; but such proceedings may not stay the acceptance of findings.

    17.   To support an adequate civil service for the performance of such duties as may be designated by administrators; band for this purpose to refrain from interference with the processes of appointment of placement, asking advice or testimony before committees only with the consent of appropriate superiors.

    18.   To provide for the maintenance of armed forces.

    19.   To enact such measures as will assist families in making adjustments to future conditions, using estimates concerning population and resources made by the Planning Board.

    20.   To vote within ninety days on such measures as the President may designate as urgent.

[p. 37]

* * *

TO BE CONTINUED.

 

 

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Source:  CONTACT: THE PHOENIX PROJECT, November 2, 1993, Volume 3, Number 6, Pages 1 & 29-40.

http://www.phoenixarchives.com/contact/1993/1193/110293.pdf

Transcribed into HTML format by R. Montana.