ARTICLE IV: Inalienable Human Rights
ARTICLE IV: Inalienable Human Rights
SECTION 1: Powers to Enforce this Article
a. Enforcement
The provisions of this Article shall be applied and enforced by Executive Orders and under the direction of the President of the Republic.
b. Congressional Limitations
Congress shall have no power, in any way, to amend or restrain this Article. The President shall enact and appoint the Commissions, their Commissioners, and their proceedings to fulfill and comply with the provisions of this Article.
c. Presidential Duties
The President shall: 1) demand from Congress the means to fulfill the provisions of this Article; 2) provide a yearly budget to Congress specifically addressing the monetary means needed to fulfill this Article; 3) provide the protection of Law Enforcement to enforce this Article.
d. Funding
The validity of the public debt of the Republic incurred in providing the provisions of this Article shall not be questioned. No person shall assume or pay any debt or obligation incurred in the execution of the provisions of this Article. All such debts, obligations, and claims shall be unlawful and void to the people. Congress shall retain the power to produce and incorporate any legal tender required to fulfill the provisions of this article.
SECTION 2: Right to the Basic (Physical and Emotional) Necessities of Life
a. Basic Necessities
Each person, from the moment of birth to the moment of death, shall be provided with the following basic necessities of life, free from charge or debt: 1) Nutritious Food; 2) Comprehensive Healthcare, including mental care; 3) Safe and secure Housing and Utilities; 4) Essential Clothing; 5) Public Education from an elementary level up to and including four years at any accredited University.
We now have the technology and industry available to us to provide the basic necessities of life to all human beings equally. Some might suggest that this utopian, idealistic proposal is impossible in our current world. These “some” are unequivocally WRONG! Not only can we do it, but we can do it in a matter of a few years! We can do it without disrupting the free market, or rather, the free will of those who want to make a profit and enrich themselves. In fact, we can help those who have a right to their free will and want to be wealthy, become even wealthier, simply by supporting the proposal! We can do it without introducing major changes into the way our world currently operates.
We can do it! Learn how: Food, Housing, Clothing, Healthcare, Education.
NOTE: The above linked descriptive explanations are only outlines of specific programs, given appropriate names [using acronyms] for each purpose, as might be consistent with the current codes of the United States, a nation where the plan could be immediately established and implemented. There is much more to each program than what is presented herein. By using common sense and 35 the powers given to Congress by this Constitution, government will be able to ascertain other important details and needed aspects of each of the following programs. The examples and suggestions offered here are only for clarity of how this crucial part of the Constitution can be fulfilled.
b. Past Debt for Basic Necessities
Upon adoption of this Constitution, all obligations and debts, of any kind, acquired by the people in obtaining their rights outlined in this Article shall be unconditionally forgiven; Congress shall issue fair compensatory repayment to the persons or entities that can prove a lawful claim against any such person so indebted.
SECTION 3: Right to Citizenship and Immigration
a. Legal Citizenship
Each person, being human, shall be considered a legal citizen of the Republic and enjoy the equal rights and protections granted by this Constitution.
b. Free Movement
Each person may travel throughout the earth to any place, at any time, for any reason, except as otherwise prohibited or restricted by Congress.
SECTION 4: Right to Protection by Law Enforcement Agencies and the Armed Forces
a. Number of Law Enforcement Officers per Population
There shall be one hundred law enforcement officers assigned to each ten thousand persons in areas with a population over one million persons; seventy-five assigned to each ten thousand persons in areas with a population over five-hundred thousand persons; fifty assigned to each ten thousand persons in areas with a population over two hundred fifty thousand persons; twenty-five assigned to each ten thousand persons in areas with a population at or under one hundred thousand persons.
b. One Law Enforcement Agency
There shall be one law enforcement agency empowered throughout the Republic. Upon adoption of this Constitution, this agency shall incorporate and assimilate into its single force and supervision all current Militias and Law Enforcement Agencies of any kind, in any place, upon Earth.
c. Law Enforcement Education and Removal from Position
(i) All officers commissioned in their duties to provide supervisory authority in any law enforcement capacity shall be required to attend a law enforcement education course of not less than two years. (ii) All non-commissioned personnel shall attend a law enforcement education course of not less than one year. Congress shall establish the curriculum and training of this course of education. (iii) Law enforcement officers and personnel shall serve and protect the people in the enforcement of the laws established by Congress under this Constitution and shall be prohibited from the violation of these laws or the enforcement of any other law. (iv) Any officer or law enforcement personnel who violates the law, in any way, after having been found guilty of any felony by a lawfully established Court, shall be denied and forever prohibited from possessing the rights of law enforcement established by this Constitution.
d. Use of Lethal and Non-lethal Weapons by Law Enforcement Personnel
(i) Each law enforcement personnel, as prescribed by Congress, shall be armed with two forms of weapons, one non-lethal and one lethal. Congress shall outline the specific guidelines for the use of non-lethal and lethal weapons to subdue a person. (ii) Each officer shall be required to wear a uniform-mounted video camera at all times while on duty. Any officer who does not record the events of that officer’s interactions with any person, (unless the ability to do so is inhibited, in any way, by that person), that officer’s actions in enforcing the law, or that person’s act in allegedly violating the law, shall not be admissible as evidence against that person in a Court of law.
e. Supervision of Law Enforcement
The Federal Law Enforcement Agency shall be under the direct supervision of the President, as given Executive authority pursuant to Article II, Sections 2(a.) and (b.) and under the guidelines of Congress as described in Article I, Sections 9(f.) and (g.) of this Constitution.
SECTION 5: Right to Bear Arms
a. Authorization to Bear Arms
No person shall have the right to bear arms except those authorized by law to do so under Section 4 of this Article. The right to bear arms shall be strictly prohibited, except as authorized by Congress in the establishment and support of Law Enforcement.
b. Arms for Sport and Entertainment
The people shall have the right to bear arms for sport or entertainment exclusively under the supervision of Armories and Weapon Facilities as determined and established by Congress.
c. Manufacture and Distribution of Weapons
It shall be strictly prohibited for any person or entity to manufacture or distribute any weapon or any of its ammunition, of any kind, except as authorized by Congress for the sake of law enforcement, or for the sake of personal sport as authorized by Congress. Weapons manufactures, of any kind, shall be regulated and only approved by a license issued by Congress. The person or entity that initiates or performs the manufacture of any weapon or its ammunition, without Congressional approval, shall be charged with an act of treason against the people of the Republic.
d. Possession of Weapons and Ammunition and Related Punishments
The possession of any weapon or ammunition by any person in violation of this Article shall be a first-degree felony offense and punished by imprisonment for six months on that person’s first offense, one year on the second offense, and then an additional one year of imprisonment for each new offense thereafter. A person who commits a crime with any arm, of any kind, shall be required to serve a period 50% longer than the sentence requirements of the original crime.
SECTION 6: Right to Personal Information Privacy
a. Right to Privacy
Each person shall have the right to privacy of their personal information, except information that is deemed necessary in the enforcement of the laws provided by this Constitution or for the protection of the people of the Republic.
b. Publication of Individual Personal Information
Each person’s individual information, of any event concerning that person in the past, of any event about that person occurring in the present, or of any event in which the person shall participate in the future, shall be protected from publication in any media source, including the Internet, unless that person, of that person’s free will and choice, or by Court order in protection of the public interest, grants permission to the access and publication of such information.
c. Database of Personal Information for Law Enforcement
The Federal Law Enforcement Agency, in conjunction with the Courts, shall be restricted and limited in the publication of a person’s personal information to a database specifically designed for the protection of the people of this Republic and this Constitution.
SECTION 7: Right of Belief, Expression, and the Media
a. Right of Belief
Congress shall establish laws that protect each person’s right to act, to be acted upon, to believe, and to express opinion, where that action, belief or expression of opinion does not affect, extend upon, to, or impede another person’s right to act, to be acted upon, to believe, or to express opinion.
b. Right of the Press (Media)
Congress shall make no law infringing upon the right of the Press (Media) to publish beliefs, opinions, expressions, or any other matter suitable to the purposes for which Media exists, except those that protect personal information according to Section 6 of this Article.
SECTION 8: Right to Property
a. Personal Belongings
Except for those belongings specifically prohibited by this Constitution, Congress shall enact and support laws that protect a person’s right to hold personal property of any kind, and enjoy the benefits thereof, where that personal property does not obstruct, abuse, abate, or in any other way impede the right of another to hold personal property and enjoy the benefits thereof.
b. Search and Seizure
Congress shall make no law that permits the search and seizure of personal property, unless by such prohibition, the life, liberty, or personal property of another is threatened in any way, at any time.
SECTION 9: Due Process of Law
a. Right to Self-Representation
Congress shall establish laws that guarantee each person equal due process of law, including the right to self-representation (pro se). A person shall have the right to self-representation in any Court of law where that representation is determined to be just, reasonable, or an application for redress or relief that is reasonably established by the Petitioner for any violation of Constitutional law.
b. Rules of Civil and Criminal Procedure
Congress shall establish Rules of Civil and Criminal Procedure that favor and support the right to self-representation.
c. Counsel for Pro Se Litigants
Each Court shall provide a legal staff of bailiffs, clerks, and officers (attorneys) to support self-representation. Each court shall establish and promote efficient Rules of Procedure and due process. The Court shall provide a civil pro se litigant up to 2 hours of counsel prior to the hearing of the petition and during the time allotted by the Court for the hearing. The Court shall provide criminal pro se litigants unlimited, reasonable counsel.
d. Payment of Court Costs in Civil Matters
In any Civil matter, if the Court rules in favor of the Respondent, the Petitioner shall pay the Court’s costs and fees, including those fees of the Court-appointed attorneys assisting the Respondent, or the Respondent’s own attorney, and any punitive damages granted to the Respondent. If the Court rules in favor of the Plaintiff, that person or entity shall pay its own costs and fees, but not those of the Respondent or of the Court.
e. Payment of Court Costs in Criminal Matters
The Court shall pay all costs incurred by its proceedings in any Criminal matter.
f. Determination of Civil Matters
All Civil matters shall be determined by trial by the Court in which the matter is heard. There shall be no jury trials in any Civil Matter.
g. Determination of Criminal Matters
All Criminal matters shall be determined by a trial by Jury, where the Defendant, in all cases, shall be guaranteed the reasonable right and ability to participate in selecting the Jury.
h. Rights of the Innocent Until Proven Guilty—Bail Guidelines
When charged with any criminal offense, and until that person has been provided the benefits of due process of law and found guilty of the alleged crime, that person shall be presumed and treated as if that person is not guilty; which includes, but is not limited to, liberty from incarceration and the necessity of posting bail. Unless indisputable evidence has been obtained, verified, and accepted by the Court against a person charged with a crime of violence against another person or another person’s property, no person shall be held by bond, unless or until that person fails to appear at the Court-appointed times scheduled for that person’s appearance ordered by the Court or law enforcement officials.
SECTION 10: CRIMINAL PUNISHMENT
a. Sentencing and Reformation of Criminal Offences
Congress shall establish the definition of crimes and the rules for sentencing of all criminal offenses. Congress shall also establish the institutions, facilities, commissions, and personnel necessary to support the sentence and aid in the correction and reformation of the convicted. Any sentence shall be limited to restrictions on personal liberty and property only.
b. Reasonable Deference; Rights for Incarcerated Persons
No person shall be subjected to maltreatment or denied reasonable deference by any Law Enforcement Agent or Court Official; nor shall any incarcerated person be denied any of the rights afforded by this Constitution.
c. Education on Specific Crimes and Punishments
During the first twelve years of a person’s public education, Congress shall establish a curriculum that instructs the people on specific crimes and their punishments. All people shall be provided with clear and easy-to-understand instructions on the specific crimes and their punishments within the Republic.
d. Publication of Civil and Criminal Code
Congress shall maintain a clear and easy-to-understand publication, deferring to the process of self-representation, of the Republic’s Civil and Criminal Code on its website and as mandated by Article I, Section 1(m.) of this Constitution.
SECTION 11: Right to the Pursuit of Happiness
Congress shall enact laws that protect any act in the pursuit of individual happiness, however and in whatever way that individual might define happiness, as long as the act does not diminish, obstruct, abuse, or in any other way impede another person’s ability to act in the pursuit of happiness.