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THE FEDERATION OF AMERICAN STATES

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CONSTITUTION

FOR THE

FEDERATION OF AMERICAN STATES

ARTICLE ONE: BILL OF RIGHTS

Constitution for the Federation of American States Section 1.1.

(1) The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

(2) Neither Congress nor any State shall make any law depriving or abridging the right of the People their right to speak, to write, or to publish their sentiments in any printed or electronic format; and the freedom of the press shall be inviolable but may be held liable for unauthorized disclosure of state secrets; any libelous or slanderous words, actions, writings; or inciting violence or terrorism.

(3) Neither Congress nor any State shall make any law restraining the right of the People from peaceably assembling and consulting for their common good, nor from applying to the Congress or any Legislature by petitions, or remonstrances for redress of their grievances.

(4) Neither Congress nor any State shall make any law that indicts or increase the penalty on a defendant on the basis of his thoughts, political, or religious beliefs to include "hate speech" or "hate crimes" nor on account of the race, sex, age, income level, wealth, color, ethnicity, religion, handicap or disability, national origin, political affiliation, marital status, sexual orientation, or union membership or non-union membership of his alleged victim or victims nor shall it be a crime for a Citizen or private entity to refuse to interact or do any business with another Citizen or private entity for any reason.

(5) Any person or Federal agency who, under color of any statute, ordinance, regulation, custom, or usage, of any State, Territory, other protectorates, or the Seat of the Federation; subjects, or causes to be subjected, any Citizen or other person within the jurisdiction thereof to the deprivation of any rights, privileges, immunities, or harassed for peaceful political opinions secured by this Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.

(6) In suits at common law the right of trial by jury shall be preserved; and no fact so tried by a jury shall be otherwise reexamined in any court, than according to the rules of common law which applies to every person in an individual capacity: the only rights recognized by law are individual rights, the only liberties recognized by law are individual freedoms, liability is imposed by law only in instances of individual fault, and the only remedies imposed by law are individual remedies.

(7) Neither slavery nor involuntary servitude, including mandatory public service by any school or level of government except for conscription into the Armed Forces or as a punishment for a crime, shall exist within the nation or any place subject to its jurisdiction. This Federation or any place subject to its jurisdiction and all public and private organizations or corporations shall not be required to pay any type of reparations for slavery that legally existed before being abolished.

(8) The People of the individual States shall have the power to recall their State's Representative or Senator in Congress according to the laws of their State and individual Citizens shall have the power to file documented complaints of misconduct by their Senator or Representative in their respective Senate or House ethics committee.

(9) No person shall be required to carry a national identification card, surrender a sample of their DNA and other biometric identification, or carry a tracking device (on their person or vehicles) except as a punishment for a crime or otherwise court ordered, if a permanent resident or visiting the country on a visa, employed by the Federation, or performing military service.

(10) Any lawful person who, without malice and in good faith and not part of the same conspiracy or crime, reports on any potential criminal, terrorist, or other illegal action regardless of legal outcome shall be immune from all civil and criminal court actions.

(11) Pornography in any format shall not be considered protected speech under this Constitution. Therefore the States and individual communities shall have the power to define and restrict or prohibit the sale, display, and distribution of pornography in their jurisdiction except for procession in private homes. Pornography of underage subjects shall be prohibited within this Federation or any place subject to its jurisdiction including procession in private homes.

(12) The Citizens, through the process of referendum as provided for elsewhere in this Constitution, shall have the right to vote no confidence in the political leadership and if approved by the People, the offices of President, Vice President, and all Representatives shall be declared open (but they may hold their offices until replaced) with elections held within ninety days. The incumbents shall be denied reelection and be ineligible for a period of four years to hold any elected Federal office. Senators shall be replaced within ninety days by their home State according to their laws and shall be ineligible for a period of four years to hold any Federal office.

(13) No person, including appointed or elected officials, shall have access to classified information or state secrets without the need to know and without a proper security background investigation.

(14) The People shall have a right to work and the choice to join or not to join a union, reject unwanted union representation, be required to pay dues greater than the actual costs of representation plus a service charge no greater than one percent, or to have mandatory withholding of dues from their paychecks but unions shall not be required to represent any worker who is not a member except if allowed by a union contract.

(15) The Sheriff of a County, or its equivalent officer, is the supreme law enforcement official of said County and has both full criminal and civil jurisdiction to voluntary enforce all Federal laws. The Sheriff has the power to assemble a posse and deputize Citizens to assist in the keeping of the peace and the enforcement of laws.

Section 1.2.

(1) Religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all the People are equally entitled to the free exercise of religion or chose not to participate in any religious activities according to the dictates of conscience; and that it is the mutual duty of all to practice Jeduo-Christian ethics, forbearance, faith, hope, and charity in our lives, our families, and each other and the government, at all levels.

(2) The civil rights of none shall be abridged on account of religious belief, non-belief, or worship; nor shall any national or state religion be established; or shall the full and equal rights of conscience by in any manner, or on any pretext infringed. The Federation or any State shall show neither favoritism nor hostility against the Peoples' right to pray and to recognize their religious beliefs, heritage and traditions provided that no person is compelled to participate against their will.

(3) Neither this Federation nor any State shall compose any official prayer or compel joining in prayer, or discriminate against religious expression, belief, or non-belief nor abridge the freedom of any person or group, including students in government public schools and colleges, to engage in prayer or other religious expression in circumstances in which expression of a non-religious character would be permitted; nor deny benefits to or otherwise discriminate against any private person or group on account of religious expression or lack of belief or identity; nor shall the prohibition on laws respecting an establishment of religion be construed to require discrimination against anyone on account of the religious character of their speech, ideas, motivations, or identity.

(4) Nothing in this Constitution shall be construed to forbid this Federation, any State, or the Armed Forces to give public or ceremonial accommodation to the religious heritage, symbols, beliefs, or traditions of the People, or prohibit acknowledgments of the religious heritage, symbols, beliefs, or traditions of the People including religious monuments on public property, or prohibit student-sponsored prayer in government schools and colleges. The exercise, by the People, of any freedoms under this Constitution shall not constitute an establishment of religion.

(5) This Constitution shall not be construed to use the color of religious freedom as a cover or justification for sedition, forced imposition of religious laws on its individual members against their will, shelter illegal aliens, terrorism, or other criminal acts either inside or outside of this nation and may be held liable for unauthorized disclosure of state secrets; any libelous or slanderous words, actions, writings; or inciting violence, crimes, or terrorism.

(6) No person nor any religious or non-religious organization shall be forced to perform or provide, participate in, or refer for a specific item or service contrary to the provider's religious beliefs or moral convictions if such activities are in conflict against their religious beliefs, moral convictions, or conscience except when a Citizen has to prove his identity for official and lawful reasons.

(7) A person, business, or any religious organization shall have the power to hire or fire employees and provide or not provide employment benefits in accordance with their religious beliefs.

Section 1.3.

(1) The right of a Citizen or permanent resident over the age of eighteen years to keep and bear arms (open or concealed), ammunition, edged weapons, or participate in a lawful private militia for the defense of their communities, or for the purpose of taking game is an individual right and shall not be licensed, prohibited, infringed, or regulated by the Federation or any State except for the following disqualifications which may be removed by pardon or as Congress or a State may, by law, provide for:
-- Any person who has been convicted in any civilian or military court (including discharge from the Armed Forces under dishonorable conditions) of a crime punishable by imprisonment for a term exceeding one year;
-- Any person under lawful arrest or is a fugitive from justice;
-- Any person who is an unlawful user of or addicted to any drug or alcohol;
-- Any person who has been adjudicated as a mental defective or who has been committed to a mental institution;
-- Illegal Aliens or any Citizen who has renounced his citizenship;
-- Any person who is subject to a court order that restrains such person from harassing, stalking, or threatening the safety or life of another person but the accused shall have the right of appeal.

(2) Any unemancipated minor may bear arms under the supervision of a parent, guardian, or other person or organization authorized by the parent or guardian provided that the parent or guardian has the right to keep and bear arms.

(3) Privately owned and lawfully processed firearms, ammunition, or edged weapons shall not be prohibited, registered, micro-stamped, tracked, or unjustifiably over-taxed in any way. A State may, by law, conduct background checks on gun buyers before purchase provided that said background check does not exceed one business day, allow a mandatory sales transaction if no negative information is discovered, and all said records of positive background checks are immediately purged. Only the actual cost plus a service charge no greater than one percent incurred by the issuing authority shall be the maximum amount charged for processing background checks.

(4) Every person shall have the inherent and natural right of defending their own or another's life, liberty, or property using whatever force is necessary, through whatever means available, including the use of deadly force. Therefore any person who lawfully uses any weapon in self-defense shall not be liable for any crime or lawsuit, civil or criminal; nor shall a person have a duty to retreat if they are at home, their place of business (including employees if the owner approves), in a vehicle, nor at any other public or private place where they have a right to be; nor shall arms be taken from any lawful person during times of emergencies or within disaster areas.

(5) The rights of the People to hunt, compete in firearm competitions, trap, and fish are a valued part of our heritage and shall be forever preserved to the People, subject only to reasonable regulation consistent with the public trust to conserve birds, fish, game and other wildlife using traditional methods to take species as prescribed by the State Legislature (except on Federal lands and property, territories, or other protectorates in which case the Congress shall regulate) consistent with the duties of the Federation and States to protect this heritage on public lands and shall be free of unlawful harassment by the government or other persons. Nothing in this Clause shall be construed to modify any provision of common law or statutes relating to trespass, eminent domain, or any other private property rights.

(6) The bearing or use of arms for self-protection, security, target practice or hunting, trapping, or fishing may be prohibited or regulated on private property only by the property owner but no person, property owner, tenant, employer, or business entity shall establish any policy or rule that has the effect of prohibiting any person who can lawfully process firearms from transporting and storing firearms secured or locked in private vehicles on any property set aside for parking nor shall the aforementioned property owner be liable in any civil or criminal action for any firearm related crime or accident by an employee, visitor, or another third party on private property except if the property owners are involved in a crime.

(7) The bearing of arms may be prohibited or regulated within sensitive public enclosures approved by legislation provided that provision shall be made to safely secure such arms before entering.

(8) No person exercising their constitutional rights shall have their right to keep and bear arms denied without due process and the Federation may compact with the States to create a nationwide database listing those persons denied the right to keep and bear arms regardless of any other laws that may impede the creation and maintenance of said database.

(9) Notwithstanding any other provision of law or of this Constitution, the name of a veteran or other person suffering from an alleged mental disability may be made available to an instant background check database only pursuant to a finding of a judge, magistrate, or other judicial authority. It shall be unlawful for any background check database to maintain the name of any person or veteran (who was discharged under honorable conditions) and who has not been subject to a finding of a judge, magistrate, or other judicial authority pursuant to the provision of law or of this Constitution and shall be removed within ninety days upon his petition in a court.

Section 1.4.

(1) Personal autonomy and the freedom to associate or not associate with other persons in personal or business relations shall not be subjected to arbitrary or unlawful interference in a person's privacy, protection from unlawful or unfounded attacks on their honor and reputation, to be left alone and segregate themselves from society if they choose, and be free from governmental intrusion and infringement into their life except if justified by a compelling state interest.

(2) A person's family and home is a privileged place that is a basic and natural right in a free and democratic society whose privacy shall not be disrupted by unwarranted governmental intrusions.

(3) To clarify Federation laws and statures the word "marriage" shall be defined as only a legal union between one man and one woman as husband and wife, and the word "spouse" refers only to a person of the opposite sex who is a husband or a wife. Only marriages as defined by this clause shall be entitled to any legal or monetary Federal benefits and protections of marriage. The Congress or any court shall not have the power to require that marital status, adoption, or the legal incidents thereof be conferred upon same sex or unmarried couples not meeting this requirement.

(4) Each individual State shall have the power to define marriage, parenthood, domestic partnerships, and adoption but neither the Federation nor any State, Territory, or other protectorates shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, or other protectorates as a right or claim arising from such relationship.

(5) The right to privacy, life, and liberty from the beginning of the biological development to natural death without regard to age, health, or condition of dependency is a paramount and fundamental right of a person.

(6) No person shall clone or attempt to clone a human being nor shall any human blastocyst be produced by fertilization solely for the purpose of medical research.

(7) Abortion shall not be a protected right in the Federation or any place subject to its jurisdiction and the Congress and the several States shall have the concurrent power to restrict or prohibit abortion, assisted suicide, or euthanasia provided that a law of a State which is more restrictive than a law of Congress shall govern.

(8) Homosexual, transgender, or other sexually deviant behavior shall not become a protected right under this Constitution nor shall non-heterosexuals be allowed to serve in the Armed Forces. But this clause shall not be construed to deny non-heterosexuals all other rights and protections enjoyed by all lawful Citizens.

Section 1.5.

(1) The right of the People to be secure in their movement or travel, DNA and other biometric identification, lands and property, computers and communication devices, records, persons, houses, vehicles, medical records, businesses, papers, and effects against monitoring, searches, arbitrary registration, electronic surveillance and tracking including manned and unmanned aircraft and drones, Federal computer databases, invasiveness, seizures, civil asset forfeiture, compulsory self-incrimination, and random checkpoints on public highways shall not be violated. No warrants shall be issued but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched or monitored and the persons or things to be tracked or seized. Evidence knowingly obtained in violation of this Constitution shall not be admissible in any court against any person. The People shall have the right and means to disable any type of tracking device except if court ordered or part of an active investigation of a possible or actual crime.

(2) Except upon valid warrants, to protect state secrets, active civil or criminal investigations, or orders issued by a court of law all information related to all aspects of the life of an person is the sole private property of that person and no entity; private, public, or government; may collect, transfer, or destroy any such information without the express legal authorization of that person, their authorized heirs, agents, or successor for 100 years after their death. Persons shall have a right to full access to information, files, and records that any public or private entity may keep on them and to file rebuttals to correct any errors or false information within. Entities shall insure that records will not be released to third parties without permission of the person or persons cited. Appropriate security measures shall be taken against unauthorized access, alteration, disclosure, and accidental loss or destruction of personal records.

(3) A record created by any government entity; excluding third party requests of records of an individual not giving his consent or if the disclosure of would constitute a clearly unwarranted invasion of personal privacy, ongoing civil or criminal investigations, state secrets, trade secrets, credit reports, and other commercial or financial information obtained from a person and privileged or confidential, inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency, or those parts that still affects national security and defense; shall be made available for public inspection within ninety days of a Citizen's request as Congress may, through freedom of information laws, provide for. The government entity may charge a fee that shall not exceed the actual costs of release plus a service charge no greater than one percent.

(4) Unless otherwise provided for by law for earlier release all classified or other confidential information held by any level of government shall be released to the public domain 100 years after the initial creation of said information except those parts that still affects national security and defense. If the information contains any adverse material or personal information about any person then release to the public domain shall be 100 years after their death if permission is not given.

(5) Unless otherwise provided for by law or explicit written permission it shall be assumed that a person or his heirs has not given any consent for release of any records.

Section 1.6.

(1) The sovereign authority and the legislative power of Citizens to enact, repeal, and amend public policy, laws, charters, create Citizen Grand Juries, and repeal or ratify constitutional amendments by Federal or state initiatives or referendums shall not be denied or abridged by this Federation or any State.

(2) A petition of one percent of the registered voters of any one-fourth of the States shall be sufficient to place a referendum before the electorate of all the States to be voted upon at the next Federal election provided that said referendum addresses only one subject and made final 180 days before the election. If a two-thirds majority of votes favors the referendum, it shall be fully implemented within one year; otherwise it shall be rejected with no further action taken nor be re-petitioned for a period of five years.

(3) A referendum may repeal any law passed by the Congress, make a law provided that said law is not in violation of this Constitution or remove from office any appointed official or judge. Such referenda are not subject to review by the Congress or presidential veto.

Section 1.7.

(1) If the People determines that a crime was committed but was not prosecuted, an investigation or trial was politically motivated, a sham or used for the purpose of shielding the person concerned from criminal or civil responsibility for their crimes, not conducted independently or impartially in accordance with the norms of due process recognized by law, to hide or cover-up corruption or crimes of other persons or organizations, or were conducted in a manner which was inconsistent with an intent to bring the person concerned to justice then they may create a Citizen Grand Jury by petition to call witnesses and conduct inquires.

(2) Whenever one-half of one percent of the registered voters of a County or lessor political subdivision, State, or the Federation as a whole have signed a petition to summon a Citizen Grand Jury and have submitted the petition signatures to the proper court a Citizen Grand Jury shall be summoned and empanelled by a judge of the court receiving the petition. A Citizen Grand Jury so summoned and empanelled shall first consider any cause advanced by those who have brought and signed the petition. But the Citizen Grand Jury is the sole judge of its duration and the breadth and depth of its inquiry and allows any interested persons or organizations to present information. They may conduct other proceedings open or closed as it chooses consistent with Federal and State Constitutions and the rights of the accused thereof.

(3) An indictment brought by a Citizen Grand Jury must be prosecuted by the County or lessor political subdivision, State, or Federal district attorney for where the alleged offense occurred, regardless of prosecutorial discretion. A district attorney who fails to prosecute within ninety days an indictment being handed down by the Citizen Grand Jury may be indicted for obstruction of justice and official misconduct.

(4) A Citizen Grand Jury summoned under this section may, in addition to indictments, seek court orders to remedy situations under its investigation and may hire independent counsel and other experts as required to carry out its investigation using the funds of the court where convened but may be disbanded if the investigation is formally taken up by County or lessor political subdivision, State, or Federal prosecutors.

Section 1.8.

(1) The family is a foundational association of civil society and parents, as natural guardians, enjoy a robust sphere of sovereignty. It is the duty of parents to maintain their children decently, and according to their circumstances; to protect them according to the dictates of prudence; and to educate them according to the suggestions of a judicious and zealous regard for their usefulness, their respectability and happiness. No parent shall be deprived of the guardianship of a child without due process of law.

(2) Parents or guardians shall have the ultimate responsibility for the conduct, discipline, welfare, medical care, and monitoring the activities of their unemancipated children or wards. Neither the Federation nor any State shall infringe upon said parental rights without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise be served but this Section shall not be construed as to deny any State the legal duty to take custody of children in cases of abuse or neglect from the care of unfit parents or emergency medical care when the parents cannot be located.

(3) Parents or guardians shall have the ultimate responsibility for the education of their children and shall have the right of school choice whether it is public, private, religious, or home education. Parents shall have the power to control what lessons their children are taught.

(4) The right of parental notification that pertains to unemancipated children shall not be infringed by any school, medical clinic, or other private or public entity for any reason. Parents shall have full access to all records pertaining to their children, to change incorrect or incomplete information as warranted, and to have final approval to release said records to other public or private entities unless ordered released by a warrant issued by a court of law for a specific purpose or investigation.

Section 1.9.

(1) Government at all levels is delegated limited power to regulate the use of private property solely to protect public health and safety, in accordance with common law standards of nuisance. This delegation of power should be interpreted narrowly and land owners cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected.

(2) Private property (including copyrights, trademarks, and patents) shall not be taken for public use or restricted without just compensation or the value of the private property after the taking or restriction (whichever amount is greater) and may be taken or restricted only when necessary for the possession, occupation, and enjoyment of land by the public at large, by public agencies, and privately owned or public utilities or common carriers. Private property shall not be taken for private commercial enterprise, for economic development, and restricted, managed, or taken by any domestic or international organizations without the consent of the owner.

(3) Private property shall not be taken from one owner and transferred to another on the grounds that the public may benefit from a more profitable private use or shall property be made available for profitable private use for a period of twenty years after the taking except if returned to the original owners or their heirs. Whenever an attempt is made to take property for a use alleged to be public, the question whether the contemplated is truly public shall be a judicial question, and determined as such without regard to any Legislative assertion that the use is public. The presence of animals, plants, or other non-human life forms shall never be grounds for placing restrictions on or the taking of private property where they may be living on.

(4) If any non-tax or non-penalty action by the Federal or State Government or any of its agencies reduces the fair market value of real or personal private property, the owner of said property shall have a claim against the Federal or State Government or relevant agency for compensation for such loss, except that no compensation shall be required as follows:
-- If the action results merely in a diminution of the value of the property but does not otherwise destroy, damage, trespass upon, or take the property or prohibit any rightful use of the property; or
-- If the action prohibits uses of the property that are injurious or potentially injurious to others or to the public, as defined by zoning laws, common law, statute, regulation, or rule, provided that such injurious or potentially injurious uses shall not be construed to include uses the prohibition of which would confer a benefit on others or on the public, for which compensation is required; or
-- If the action produces benefits to the owner equivalent to or greater than any loss to the owner as determined by the fair market value of the property before and after the action.

(5) This Section applies to all non-tax and all non-penalty statutes, regulations, rules, administrative decisions, and judicial.

(6) This Section shall be enforced through administrative procedure, suit at law, or both, at the option of the owner. All enforcement costs, including attorney's fees, shall be borne by the State or the relevant agency, except that an owner who does not prevail in a final action for compensation shall bear their own enforcement costs and a pro-rata share of any administrative or court costs, and an owner who does not prevail in an action for an increase in a previously adjudicated compensation award shall bear the like costs in the same proportion for any such subsequent actions.

Section 1.10.

(1) No license, permit, or any other form of prior permission shall be required by this Federation to engage in any lawful activity except as provided for by this Constitution or a law made by the Legislature of a State that expressly requires the same.

(2) All such laws shall enumerate the grounds upon which the permission is deniable, which enumeration shall be construed as exhaustive, and which grounds shall be objective; and if no such grounds are enumerated, then no permission required under that law shall be denied. Likewise, all such laws shall enumerate the grounds upon which the permission is revocable, which enumeration shall be construed as exhaustive, and which grounds shall be objective; and if no such grounds are enumerated, then no permission required under that law shall be revoked. The burden of proof for denial or revocation shall rest on the authority so doing.

(3) Engaging in an activity without the required permission shall be a crime only in the specific instances where the permission was lawfully deniable in the particular case in question, where the permission has been duly revoked, or public safety is threatened.

(4) No person shall be required to surrender any documents pertaining to a granted permission, except when revoked for cause. Officials desiring to examine said documents may only require that they be displayed or produced on demand.

(5) Only the actual cost plus a service charge no greater than one percent incurred by the issuing authority shall be the maximum amount charged for processing permit and license requests.

Section 1.11.

(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 shall have been committed, which District shall have been previously ascertained by law, and 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 defense.

(2) Neither excessive bail shall be required or excessive fines imposed, nor cruel and unusual punishments inflicted.

(3) The burden of proving guilt, both mens rea and actus rea, on any matter; civil, tax, or criminal; shall be on the government. Citizens shall have the right to challenge any action of any Federal or State agency. Prosecutors shall follow the rules of strict construction in that if there is a reasonable doubt as to interpretation of laws, the doubt shall be resolved in favor of the accused. Prosecutors shall not use any form of strict criminal liability or "responsible corporate officer" doctrine or maium prohibitum; nor shall a person be put on trial for the same offense after a verdict of not guilty through the use of concurrent and successive prosecutions by the Federal or State agencies.

(4) No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the Armed Forces, or in the National Guard or State Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation.

(5) No person charged with a crime shall be compelled to pay any costs, fees, or fines before a judgment of conviction has become final. A person not found guilty of a crime shall not be assessed fees or costs to recover property seized as evidence or otherwise held, impounded, or stored by the government and may recover all his expenses incurred on behalf of his defense and cost of repair or replacement of damaged or lost property. Any DNA or other biometric identification samples that may have been taken from the person upon arrest or investigation but not found guilty or not accused or convicted of any other crimes shall be destroyed within ninety days.

(6) Neither this Federation nor any State shall have the power to seize any private property or any other type of asset forfeiture from a person not convicted of any crime. Nor shall private property or any other type of asset forfeiture be seized from a person convicted of a crime that was not a fruit of the said crime. Forfeiture of assets can only be enforced after conviction of the property owner as a penalty for the crime and property and assets may be forcibly sold for fair market value to satisfy any fines, court fees, or compensation with any monies left over returned to the defendant. Such forfeitures shall follow full due process of law under criminal prosecution standards.

(7) The claim and exercise of a constitutional right cannot be converted into a crime and that the People demand that constitutional cases shall be decided on according to the terms of this Constitution and not according to a judge's personal view of fairness, political opinion, reasonableness, or false justice.

Section 1.12.

(1) In any criminal trial, the court shall inform the jury of its right to judge both law and facts in reaching a verdict. The court shall also inform jurors deciding civil trials of their right to judge the law as well as the facts whenever the government or any agent of the government is a party to the trial. Failure to inform the jury, or any other infraction of the rules of procedure, is grounds for mistrial and another trial by a new jury or dismissal of charges.

(2) Citizens serving on juries are immune from punishment resulting from oaths requiring specific interpretations of law, from directions limiting free speech among jury members, from exclusion from jury duty based on opinion of the law, from punishments or harassment resulting from advocating a verdict not desired by the government, or for otherwise resisting or refusing attempts to tamper with a jury.

(3) The prosecution shall prove, in the presence of the jury, that the court has jurisdiction in the case before the main trial begins.

(4) The presiding judge shall not forbid the defense to inform juries of their right and power to decide the law, or to penalize them for doing so and the defense may be ruled incompetent if it does not inform the jury of its right and power to decide the law, or to raise the issue of jurisdiction of the court in the case.

(5) Neither the presiding judge nor either side of a case has the right to exclude a juror during voir dire that is aware of his right and power to decide the law nor shall not be excluded on the basis of his level of education or on his knowledge of the law.

(6) Jurors shall not be prevented from obtaining copies of this or their State Constitutions, statutes, and case law, or doing research in a law library and shall be provided any legal documentation they request or need.

(7) The jury shall not be excluded from being present during arguments over the law in the case and shall be provided all legal pleadings in the case, including amicus briefs.

(8) The jury shall be allowed to ask questions of the presiding judge or any party, including amicus filers, on any pertinent matter, and get answers to those questions. Absent any evidence of a defendant's misconduct affecting the integrity of the initial judicial process, a defendant shall have double jeopardy protection against a particular charge whenever a jury deliberates and is unable to agree upon conviction.

(9) In all criminal prosecutions in which the law in question contradicts the principles of this Constitution or which the government or any of its agents has violated a defendant's constitutional rights to obtain evidence or to establish a conviction, or if the prosecution suppresses evidence favorable to a defendant or withholds exculpatory evidence, the case may be dismissed or the jurors be encouraged to acquit.

(10) Only Citizens shall serve on juries.

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