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PREFACE: The Model Socialist Constitution and the Model
Bill of Socialist First Rights are just that, MODELS.
Obviously, no one has any intention of challenging the
power of the current government or constitution. Rather,
it is hoped that some of the most worthy ideas and
structures contained in this Model are incorporated into
whatever democracy-socialism constitution is eventually
democratically, peacefully adopted by the American People
as capitalism becomes increasingly unworkable and
incompetent. (See "THE END OF WORK" by futurist and NON-SOCIALIST Jeremy Rifkin; note that Rifkin is not associated in any way with this site.) Click on the "PREFACE" link below for a full explanation.
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ARTICLE 1. PROHIBITION OF GOVERNMENT ENDORSEMENT OF RELIGION; FREEDOM OF SPEECH, EXPRESSION, PRESS, AND MEDIA
1. Except as provided in Article ?? of this Constitution,The Government shall not prevent the free exercise of religion and supernatural belief-sytems, nor provide direct or indirect support or endorsement to the religious activities of any person or organization, nor limit the freedom of speech and expression or of the press and media.
2. The Government shall not limit right of the people peacefully to assemble, and to request a redress of grievances through assembly and other means. Nor shall The Government delay or deny the issuance of a permit in order to stifle the opinion of a particular person, group, or organization; nor shall any person or group be required to pay a tax or public fee in order to assemble or to petition The Government.
ARTICLE 2. RIGHT TO KEEP AND BEAR CERTAIN FIREARMS, AND LIMITATIONS; PROHIBITION OF PRIVATE MILITARY FORCES, ETC; GOVERNMENT MONOPOLY ON CERTAIN DEVICES; PROHIBITION OF NATIONAL GOVERNMENT'S UNPROVOKED USE OF CERTAIN WEAPONS
1. Each adult shall have the right, at minimum, to own, to
keep at home, and to discharge (for the defense of human
life and valuable property, and for hobbyist and
recreational purposes) at least one handgun and one rifle,
and ammunition compatible with them. The National
Government and the States shall prescribe by law the type,
design and potency of such weapons and ammunition, and the locations and manner in which they may be borne, and shall
ensure the annual production of a sufficient quantity of
them to satisfy the lawful purchase desires of the
populace.
2. Each adult shall have the right to own and acquire any
firearms which he or she may not lawfully discharge, but
shall certify and actually demonstrate, in a manner The
Government shall prescribe by law, that such weapons have
been permanently disabled.
3. The Government shall be the only party (except for
manufacturers and similar parties in the normal course of
business) to discharge or to acquire for their own use
non-disabled machine guns, non-disabled automatic and
semi-automatic rifles, and similar weapons, ammunition for
any such weapons, and extraordinarily "fragmentational" or
otherwise unusually lethal ammunition.
4. The National Government shall be the sole party
permitted to use or to acquire for its own use weapons,
devices, and agents of mass destruction; nor shall such
armaments be used against any integral part of the
USA-PRDDS, nor against any other nation or entity in an
unprovoked "first strike."
5. Private citizens and other private persons residing in
this Nation shall not form or maintain military and
paramilitary forces, militias, and similar organizations
inside or outside the USA-PRDDS, nor serve in nor financially or logistically support them; nor shall any citizen or private person serve as a mercenary or "soldier of fortune" in any armed body; nor shall any citizen of this Nation serve in the armed forces of any other nation while a citizen of this Nation, except as the Supreme Court may prescribe or permit.
6. The Government shall have the power to require the
registration of firearms, to prescribe waiting periods for the purchase of firearms but not of ammunition (which periods shall not exceed one week from the date an adult applies to purchase a firearm), and to disallow the ownership of any firearms and ammunition whatsoever by deranged, violent, or mentally incompetent persons and by felons.
ARTICLE 3. NO SOLDIER TO BE QUARTERED, UNLESS, ETC.
No soldier or member of the armed forces or police shall,
in time of peace or domestic tranquility, be quartered in
any home without the consent of the owner or tenant
thereof, nor in time of war or crisis but in a manner to
be prescribed by The National Government.
ARTICLE 4. SEARCH, SEIZURE, AND MONITORING REGULATED
1. The right of the people to be secure in their persons,
movements and activities, homes, papers, effects,
documents, computer files, etc. and telephone and
electronic communications against unreasonable or
unauthorized, warrant-less searches, seizures, and
monitoring shall not be violated; and no warrants shall be
issued but upon probable cause, supported by solemn
affirmation, and specifically and in detail describing the
person, home, file, communication, activity or thing to be
searched, seized, or monitored.
2. The Government shall not circumvent this right by
acquiring from foreign agents or governments information
obtained by foreign governments or any other entities
through electronic monitoring without a warrant or with a
warrant which, if it had been issued in the USA-PRDDS,
would be invalid.
3. The Supreme Court shall prescribe when warrant-less stops of automobiles and motorists may be conducted, with and without probable cause, and when warrant-less searches may be made, upon probable cause.
ARTICLE 5. PROVISIONS CONCERNING TRIAL AND PUNISHMENT; DOUBLE JEOPARDY PROHIBITED; ONLY ONE PUNISHMENT PER NON-VIOLENT ACT AND RELATED GROUPS OF ACTS
1. No person shall be held to answer for a felony unless
on a presentment or indictment by a Grand Jury, except in
cases in the armed forces (but not the police), or in the
militia (but not the police), when in actual service, in
time of war or public danger.
2. No person shall for the same offense be twice put in
jeopardy of punishment, nor be compelled in any criminal
case to testify or confess against himself, nor indirectly
or directly to incriminate himself by statements or
testimony, nor be deprived of life, liberty, or property
without due process of law.
3. A person may be charged, tried, convicted, and
sentenced by one or more levels of government for more
than one crime arising from a single non-violent,
non-treasonous criminal act (or a series of smaller,
non-violent, non-treasonous ancillary criminal acts within
the space of six months done in order facilitate a greater
non-violent, non-treasonous criminal act); but a person
shall serve only one sentence on one charge, and the
person shall serve the sentence which prescribes and
actually causes the greatest punishment. The terms
"violent," "non-violent," "treasonous", and "ancillary"
are defined in ? of this Constitution.
4. Except in the case of violent or treasonous crimes, no
new charges arising from any single act or related group
of acts shall be brought againt a person more than four
hundred days after a level of government has brought
charges against a person; nor in any case whatsoever shall
any charges or criminal or civil legal proceedings be
brought against a person by the Government solely or
primarily in order to harass, rather than to convict and
punish, a person.
5. No civil action or suit arising from a criminal act or
group of related criminal acts shall be brought until
after all criminal charges and trials against arising
therefrom have ended, nor later than two years after the
end of such criminal proceedings.
ARTICLE 6. ORDINARY PRIVATE PROPERTY NOT TO BE TAKEN WITHOUT JUST COMPENSATION
Except as provided in Article ?? of this Constitution,
private property shall not be seized for public use until
the actual value of the property, or a fair sum which
exceeds the value of the property, is paid to the owner.
ARTICLE 7. RIGHT TO SPEEDY TRIAL, COMPULSORY PROCESS, AND PARITY BETWEEN DEFENSE COUNSEL AND PROSECUTION
1. In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime occurs;
and districts shall be established by law prior to the
commission of the crimes; and the accused shall be
informed immediately of the nature and cause of the
accusation; and shall have the right to be confronted with
the witnesses against him or her, to have compulsory process for obtaining witnesses and evidence (including DNA and other biological evidence) in his or her favor, and to have the assistance of able counsel for his or her defense.
2. A person shall be brought to trial on a particular
charge not more than four months after the charge is
brought, except by request of the accused or the counsel
of the accused (although the court shall not be obligated
to grant such a request, unless the additional time is
necessary to enable to the defendant to obtain a fair
trial or sentence based upon all the evidence); nor shall
the person be sentenced or acquitted more than four months
after the beginning of the trial, except, except by
request of the accused or the counsel of the accused
(although the court shall not be obligated to grant such a
request, except as noted in the parenthesis above).
3. In cases in which the defendant is unable, due to
financial inability, to obtain or maintain a defense which
nearly equals in all respects the quality (credentials,
training, and experience of the attorney or attornies in
criminal trials and proceedings, number and ability of
investigators assisting the attorneys, and funds and time
available to the attorney or attornies to devote to a
particular case) of the prosecution, the level of
government prosecuting the case shall immediately secure
for, or donate to, the use of the defense counsel enough
personnel, funds, and resource to raise the quality of the
defense to a level roughly equal to that of the
prosecution; or, in cases in which it is absolutely
impossible to raise sufficiently the quality of the
defense, the prosecutors in that case shall immediately
degrade the quality of the prosecution (except that at
least one attorney involved from the outset of the case in
its prosecution shall remain as prosecuting attorney) to a
level roughly equal to that of the defense.
ARTICLE 8. RIGHT OF TRIAL BY JURY.
In suits at common law, where the value in controversy
exceeds (an indexed) $9,999.99, the right of trial by jury
shall be preserved, and no fact tried by a jury shall
otherwise be re-examined in any court of the United States
than according the rules of the common law.
ARTICLE 9. HIGH BAILS, FINES, AND CRUEL PUNISHMENTS PROBHIBITED; DEATH PENALTY PROHIBITED IN MOST CASES
1. Although persons who pose a serious danger to the
community or who are likely to flee may be denied bail, in
no case shall bail exceed the total actual income of the
defendant during the four-month period immediately
preceeding the bringing of the first charges against in a
particular case; nor the payment of bail by a person be
required more than once in relation to a single
non-violent, non-treasonous act or a group of related,
non-violent, non-treasonous acts.
2. The fine for a particular misdemeanor shall not exceed
the equivalent of the person's total actual income during
a three-week period beginning at some date after
conviction, as may be prescribed by law or by the courts;
nor shall a fine for a particular felony exceed a person's
total actual income for a nine-month period beginning at
some date after conviction, as may be prescribed by law or
by the courts.
3. In no case shall The Government or its personnel or
agents inflict physical pain (except when unavoidably
necessary in order to protect life, property, or to effect
an arrest, and in similiar circumstances), psychological
torture, or physical mutilation upon any person in order
to obain confessions or information, nor to punish a
person, nor for other purposes; nor shall any person be
executed as punishment for a crime except as provided in
?? of this Constitution.
4. Police and all other law enforcement personnel shall
always, before requesting ANY information from, and at the
beginning of each new session of questioning or
interrogation of, a person suspected of or accused of a
crime or violation of any sort (including minor or trivial violations) shall indicate, in a language understood by the person being questioned, whether or not he or she is under arrest and shall convey to him or her the substance of the Miranda Warning.
ARTICLE 10. OTHER RIGHTS OF THE PEOPLE AND THE STATES
The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people; nor shall any level of government assume any powers or responsibilities not assigned to it by this Constitution or this Constitution's "Template of States' Powers and Responsibilities."
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