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THE FEDERATION OF AMERICAN STATES

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CONSTITUTION

FOR THE

FEDERATION OF AMERICAN STATES

ARTICLE FOUR: THE FEDERAL COURTS

Constitution for the Federation of American States Section 4.1.

(1) The judicial power of the Federation of American States shall be vested in one Supreme Court and in such subordinate Federal courts as the Congress may from time to time ordain and establish. The Judiciary shall not presume to exercise nonjudicial power.

(2) Only a natural-born Citizen, a naturalized Citizen of twenty or more years, a Citizen thereof at the time of the adoption of this Constitution, or a Citizen thereof born in the United States prior to the adoption of this Constitution shall be appointed as a Federal justice or judge provided that they are between thirty and sixty-five years of age and when elected, be an inhabitant of this Federation.

(3) Eleven years after adoption of this Constitution a person shall be a resident of this Federation for ten years before qualifying as a Federal justice or judge.

(4) The Justices of the Supreme Court shall hold their offices during good behavior until sixty-six years of age. The judges of the subordinate Federal courts, who have not reached sixty-six years of age, shall hold their offices during good behavior and one twelve-year term. If the age limit is reached before the normal expiration of their term of office they may hold their office till the normal expiration date.

(5) Term limited Federal office holders shall not be disqualified from being appointed as Federal justices or judges. The judges, both of the Supreme and other courts shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office that Congress may, by law set only when a new Congress is seated.

(6) If any Federal court loses a majority of their members in cases of terrorism, war, or other disaster then the President shall have the power to appoint new judges as needed without the consent of the Senate for a period of ninety days. After ninety days the Senate may confirm or deny the appointments or extend the time period till the judges are confirmed or denied.

(7) Notwithstanding any other provision of law, any subordinate Federal court shall not have jurisdiction of a matter if the Supreme Court does not have jurisdiction to review that matter.

(8) No court shall ever have the power to create a law by decision; the power to make laws rests exclusively with the Congress.

(9) Before a Federal justice or judge enters the execution of his office, he shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as and that I will support and defend the Constitution of the Federation of American States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion."

Section 4.2.

(1) The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of this Federation, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which this Federation shall be a party; to controversies between two or more States; between Citizens of different States, between Citizens of the same State claiming lands under grants of different States, and between a State, or the Citizens thereof, and foreign states, citizens or subjects.

(2) In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

(3) The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may, by law, have directed.

Section 4.3.

(1) The Supreme Court shall consist of nine Justices and five alternates from different States selected by ballot by each State's chief judicial officers but a nominee shall not be an inhabitant of the same State as themselves. The Justices of the Supreme Court shall have the power to organize the court, pick meeting places, appoint tribunals, and choose a Chief Justice and other officers as required. They may hear cases in full session or before tribunals.

(2) In any case is which a State official is involved or was a party or if a case was appealed from a State Supreme Court the Justice from that State or States shall not be part of the deliberations and an alternate may be seated.

(3) In any case before the Supreme Court in which a State law is being contested the decision shall be decided by a three-quarters majority. All other cases shall be decided by majority decision.

(4) The Supreme Court has the power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights.

Section 4.4.

(1) All causes which are filed in or being contested in the United States Courts shall be transferred to the Courts of the Federation but each party to any trial in progress, civil or criminal, may agree to restart the trial. If a United States Grand Jury has issued indictments prior to adoption of this Constitution the case may continue to trial.

(2) The courts of the Federation shall execute all orders, decrees, and judgments heretofore rendered by the said courts of the United States and also all laws which may be requisite to protect the parties to all such suits, orders, judgments, or decrees, their heirs, personal representatives, or assignees

(3) In all cases any indictment or trial, or enforcement of orders, decrees, and judgments that are in conflict with this Constitution shall be made null and void. If only some parts of the above are in conflict with this Constitution then those parts may be retried.

(4) Each State shall have the same options as stated in this Section as it pertains to indictments, trials, and judgments in their jurisdictions.

Section 4.5.

(1) Treason against this Federation, shall consist only in levying war or acts of terrorism against them, or in adhering to their enemies, giving them aid and comfort, or the deliberate release of state secrets. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

(2) The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

Section 4.6.

(1) The Constitution and any future Articles of Amendment shall be interpreted according to its original understanding and strict construction of as it can best be determined at the time it was enacted and the Supreme Court and all Federal courts shall be limited to interpreting the law and to nullify any prohibition or unreasonable regulation of a rightful exercise of liberty and avoid any decision or action that a reasonable person would consider a change of the law as if it was done by a legislative action (which is reserved only to the Congress or a State Legislature), to alter Federal policy and laws, or to infringe upon the rights of the sovereign States except where either clearly contradicts this Constitution and if so the burden to demonstrate this contradiction's existence is upon that particular Federal court.

(2) In interpreting and applying this Constitution any court shall not rely upon any foreign constitution, law, judicial decision, or unratified treaty; or practice judicial activistism, ruling on social or cultural issues, or invoking other concepts of non-objective law, Sharia or other religious civil or criminal laws that displaces or supersedes natural, or British or American common law.

(3) Any judicial officers of this Federation, bound by oath or affirmation to support this Constitution, who imply or infer rights or obligations, requirements, or restrictions, not expressly provided for by this Constitution, shall be remanded to the Congress for removal from office by impeachment.

(4) A stare decisis or "settled law" precedent does not bind a court if it finds there was a lack of care in the original decision or per incuriam, that a statutory provision or precedent was not brought to the previous court's attention before its decision, based on personal opinion rather than law, judicial error, an issue removed from Federal jurisdiction, politically based decisions, if the original decision violated the original intent of this Constitution, made moot in whole or part by later Articles of Amendment, or special justification to depart from settled law.

(5) The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason or there shall not be any inappropriate or unwarranted interference with the judicial process.

(6) The principle of the independence of the judiciary entitles and requires the judiciary to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected and judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary. The judiciary shall not try to interpret the intent of legislation language but what the legislation actually says.

(7) The judiciary shall be bound by professional secrecy with regard to their deliberations and to confidential information acquired in the course of their duties other than in public proceedings, and shall not be compelled to testify on such matters.

Section 4.7.

The judicial power of this Federation shall not:

(1) Extend to any case or controversy arising on increasing, decreasing, mandating, or changes to appropriations and taxes that Congress or the States may decide except as may be specifically authorized by legislation.

(2) Override the will of the majority of the Citizens if their petition for redress of grievances, initiatives, or referendum does not violate either this or individual State Constitutions.

(3) Extend to regulate, control, or prohibit the educational, religious, and moral standards of local communities.

(4) Place limits on any political campaign financing or political speech on any method of communication.

(5) Regulate or restrict firearms within any State except on Federal land and property or territories and other protectorates.

-- And

(6) Prohibit the lawful use of racial or other profiling for law enforcement, criminal, public safety, or national security and defense purposes.

Section 4.8.

(1) The trial of all class action lawsuits, criminal or civil, that involves two or more States shall be argued in a Federal court as the Congress may, by law, direct.

(2) Any manufacturer, supplier, seller, or producer of any legal goods and services (including arms and ammunition) shall not be held liable without fault for the deliberate misuse of said good or service by a person or if used in a crime.

(3) If any court of law finds that any lawsuit is frivolous or without any merit the complaint and his lawyers may be found liable for all court and lawyer fees in whole or part.

(4) In any Federal court the amount of punitive damages of any kind including pain and suffering, in cash or kind, shall not exceed ten times the cost of the actual damages and only if found to be caused by fraud or intentional or gross negligence by clear and convincing evidence.

(5) So that the perpetrators of crimes may meet with swift and certain retribution, any courts' effort to protect them in their rights shall not be perverted into permitting any mere technicality to avert or delay their trial and possible punishment if the error was made accidently by law enforcement officials acting in good faith. Rules governing law enforcement shall be so designed as to protect individual rights without imposing a disproportionate loss of protection on society.

(6) Alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted provided that dispute resolution mechanisms shall not be used in a way that contravenes the rights of any person, is repugnant to justice and morality or results in outcomes that are repugnant to justice or morality, or is inconsistent with this Constitution or any law.

(7) If any Federal court decides one part of a Federal or State law is unconstitutional then the entire law shall be made null and void.

Section 4.9.

(1) The Congress, by a two-thirds vote, shall have the power to overrule or modify any Supreme Court decision provided that it is introduced in the same manner before the Congress according to the rules and limitations prescribed as in the case of a bill.

(2) The Supreme Court, by a two-thirds vote, shall have the power to discipline or remove any Federal Judge for criminal actions, abuse of power, dishonesty, incapacity, inefficiency, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate and the President, together with the reasons therefore.

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