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THE FEDERATION OF AMERICAN STATES

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CONSTITUTION

FOR THE

FEDERATION OF AMERICAN STATES

ARTICLE SIX: GENERAL PROVISIONS

Constitution for the Federation of American States Section 6.1.

(1) The enumeration in this Constitution, of certain rights, shall not be construed to deny or disparage others retained by the People.

(2) The powers not explicitly delegated to this Federation by this Constitution; nor explicitly prohibited by it to the States, are reserved to the States respectively, or to the People.

(3) No treaty may be adopted nor shall any source of international or religious law be employed to supersede, modify, interpret, or reduce the rights guaranteed by this Constitution.

(4) This Federation has no inherent rights or powers, neither implicit nor explicit, except for those functions and duties assigned by this Constitution and the means necessary to accomplish those functions and duties so neither this Federation nor any elected or appointed officer or official shall assume any function, power, or authorization not specifically assigned or provided for by this Constitution.

(5) In the absence of clear constitutional or statutory authority, the presumption of sovereignty shall rest with the individual States which retains their sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not delegated to this Federation.

(6) The exceptions here or elsewhere in this Constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the People; or as to enlarge the powers delegated by this Constitution; but either as actual limitations of such powers, or as inserted merely for greater caution.

(7) The powers delegated by this Constitution, are appropriated to the branches to which they are respectively distributed: so that the legislative branch shall never exercise the powers vested in the executive or judicial branches; or the executive branch exercise the powers vested in the legislative or judicial branches; or the judicial branch exercise the powers vested in the legislative or executive branches.

Section 6.2.

(1) This Federation and the individual States shall both have the power, by law, to set the age of majority for designated rights and privileges but shall default to or not be greater than twenty-one years of age. In the case of conflicts between this Federation and any State the State law shall take preference unless provided for in this Constitution.

(2) No taxes or fees shall be imposed on the sale, barter, exchange, or other disposition of any gold, silver, platinum, or other proofed precious metals in any form whether issued by the Federation, a State, private mint, or foreign government, nor on any currency or any other monetary instrument which is used in the transaction of interstate commerce or commerce with any foreign country not on a trade embargo nor other prohibition restricting trading or other contact.

Section 6.3.

(1) All natural persons born (provided that at least one parent is a Citizen, permanent resident, or an active member of the Armed Forces) and subject to the jurisdiction thereof, are Citizens of this Federation and of the State, territory, or other protectorates wherein they reside and are entitled to the full and equal protection of this Constitution.

(2) A person shall be considered a natural-born Citizen within or outside the territory of this Federation if at least one parent is a Citizen, any person adopted before the age of majority by at least one parent who is a Citizen, any unemancipated child found in Federation territory whose parentage cannot be determined provided that no proof of non-citizenship is presented before the age of eighteen, or a Citizen of the United States born prior to the adoption of this Constitution who becomes a Citizen.

(3) Upon adoption of this Constitution any person who holds United States citizenship or is a legal permanent resident of five or more years in good standing within the United States and permanently domiciled within the boundaries of any State adopting this Constitution shall be a Citizen of said State and a Citizen of this Federation except for illegal aliens, foreign military members, and foreign diplomats.

(4) Citizens that were born in any State, territory, or other protectorate that is now or will become part of this Federation but domiciled in other foreign lands after adoption may become a Citizen of this Federation in a manner that Congress may, by law, provide for.

(5) Any person who shall legally emigrate after the adoption of this Constitution and who shall, after a residence of five years or honorably discharged veteran (whichever option is sooner), make an oath before some competent authority that he intends to reside permanently in the same, and shall swear to support this Constitution, and that he will bear true allegiance to this Federation, shall be entitled to all the privileges of citizenship. Permanent residents applying for citizenship shall be able to understand, read, write, and communicate in English or an official language of a State except for valid medical or other reasons. Congress may, by law, provide for additional requirements for citizenship.

(6) Congress shall never outlaw, deny, or remove the rights of citizenship from any Citizen unless said citizenship was obtained by fraud.

Section 6.4.

(1) Within one year after the adoption of this Constitution all aliens living within the boundaries of this Federation shall be required to register in a manner that Congress may, by law, provide for. Any aliens who fail to register are subject to arrest, imprisonment, and deportation as illegal aliens.

(2) Neither Congress nor any State shall ever grant amnesty to illegal aliens nor accept identity documents issued by foreign powers as valid identification in lieu of proper identification documents issued by immigration authorities as Congress may, by law, provide for.

(3) Neither Congress nor any State or other public or private organization shall provide any type of private, governmental, or educational benefits to illegal aliens, except for emergency or life-threatening medical treatment, the costs of which may be reimbursed to the States upon their request provided that the illegal alien is taken into custody and turned over to immigration authorities.

(4) It shall be a crime for any public or private entity or Citizen to knowingly shelter, employ, transport, or hide illegal aliens nor shall any illegal aliens be entitled to post any bail or bonds but held in custody till the final disposition of their case. Each State shall have the power to apprehend illegal aliens.

(5) This Federation or any State shall not issue any type of permit or license with an expiration date greater than the expiration date on a foreign visitor's visa.

(6) It shall be a crime for any illegal alien to enter or remain in this Federation and, if arrested, shall be denied bail.

(7) It shall be a crime for any non-permanent resident to overstay the expiration date on any type or class of visa but may be given the option to depart the nation without penalty on the first offense unless suspected of a crime.

(8) Congress may, by law, provide for the issuance of temporary worker visas provided that any costs involved or payment of bonds shall be the responsibility of the potential employer or employee and said worker visas shall not be the primary criteria for granting citizenship.

(9) The legal status of every person arrested or applying for any type of license or permit shall be verified and if the person is an illegal alien he shall be remanded to immigration authorities and denied bail.

(10) Permanent residents may be subject to deportation upon conviction of a crime and illegal aliens shall be subject to deportation at any time.

(11) The Federation may reimburse the States for any reasonable costs for enforcement of this Section.

Section 6.5.

(1) All rights as set forth by this Constitution shall apply only to natural persons. Corporations, unions, or other entities are the creations of the Federation or the States who charter them only with the rights granted to them in their charters by the laws of the entity where they are incorporated.

(2) The Federation or the States may, by law, reserve the exclusive rights to limit the lifetime, regulate, grant, or revoke charters of incorporation of corporations, unions, or other private entities and shall have any power to override any constitutional rights of its directors and employees except by their agreement.

(3) Corporations, unions, or other private entities shall have the right to sue and to be sued, own or lease property, and make contracts. No corporation or union may initiate legal proceeding against Citizens or groups of Citizens opposed to the operation or expansion of that entity unless there was criminal activity on the part of those groups.

(4) Corporations, unions, or other private entities domiciled in foreign lands shall not do business within the nation, other than to contract to purchase products or services, unless they are also either domiciled within one of the several States or operating by license from one or more of the several States as a foreign corporation or union subject to State laws.

(5) International, multinational, transnational, or other non-governmental agencies, bodies, or organizations may have the power to restrict, regulate, or tax chartered or licensed entities engaged in international commerce according to treaties and other international agreements. The Congress may impose additional restrictions and regulations on the activities of international corporations, unions, or other private entities or other business entities but the Congress shall not allow them to usurp or overrule the rights, laws, restrictions, and regulations of the individual chartering or licensing States or of their Citizens. Nor shall the Congress or any international, multinational, transnational, or non-governmental entity take away or limit the rights of individual Citizens of the several States (in whom ultimate sovereignty rests) to bring action against chartered or licensed entities and to seek redress of grievances.

(6) Within ten years after adoption of this Constitution all corporations, unions, or other private entities shall be in full compliance with this Constitution but shall not apply to residential or other non-commercial land owned by foreign persons for private use, domestic businesses, or homes owned by permanent residents.

Section 6.6.

(1) No member of the military shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

(2) Standing armies in time of peace are dangerous to liberty and freedom, and should be avoided, as far as the circumstances and protection of the community will admit. The Armed Forces shall at all times be subordinate to the civil authority and shall never be placed under the direct command of any international organization or foreign power.

(3) Women shall be excluded from compulsively military service and combat where they would be required to seek out, close with, and destroy an enemy and from all combat aircraft, warships, direct frontline combat, special/elite military forces, and combat forward support units that have a high risk of direct contact with an enemy.

(4) The Armed Forces (Coast Guard or National Guard/State Militia not called to Federal service excluded) shall not, in whole or part, be deployed as any part of a posse comitatus, or other Federal police force, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly provided for by this Constitution, an act of Congress, or upon the request of any State and then upon the orders of the President.

(5) The President shall prescribe such regulations as may be necessary to ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel) under this Constitution does not include or permit direct participation by a member of the Armed Forces in a search, seizure, arrest, or other similar activity unless participation in such activity is otherwise authorized by law.

(6) Within the restrictions of this Constitution the Armed Forces, with the approval of the State or States involved, shall be the lead national agent in any natural or manmade disaster except in an act of war or terrorism.

Section 6.7.

(1) All Citizens, who are eighteen years of age or older shall have the privilege to vote in any Federal primary and general election for President, Vice President, Representative, or national referendum and shall be mentally sound, be able to understand and answer questions about the election and cast only one ballot in the district where they live. Congress may, by law, require additional qualifications for voting in national elections which shall take effect at the next election excluding restrictions based on race, sex, creed, color, religion, or national origin.

(2) Political parties shall not be shown on any ballot nor shall elections be suspended for any reason except for acts of God and noncitizens shall not be allowed to vote in any election or for any officer, civil or political, Federal or State, or run for any elected office. Non-governmental or private funding of elections is prohibited.

(3) All Citizens who register to vote shall show proof of citizenship in the form of a notarized birth certificate, a valid passport, or notarized naturalized citizenship papers issued by this Federation and either showing the above or a tamperproof State-issued voter card or other identification as provided for by State law at their designated precinct before casting a ballot. Voter registration shall end thirty business days before Election Day.

(4) The dates and times for primary and general national elections shall be determined by Congress and be uniform throughout the country. States that register voters by political party shall hold only closed primary elections. The Congress may prescribe, by law, the time, places, and manner in which the results of such elections shall be ascertained and declared. Ballots shall be only in English and any official languages of the State. No provisional or early balloting (except for legitimate absentee ballots, dated no sooner than thirty business days prior to election day) shall be allowed and all machine-readable ballots shall be backed up by an evidentiary chain of readily readable paper copies to be held for a period of time as Congress may, by law, provide for. The results of all elections and access to the physical ballots shall be made available for public inspection no later than thirty days after the election. Any ballots received after midnight on Election Day shall be null and void.

(5) Primary elections for President, Vice President, and contested congressional seats shall be held within a six month time period, States shall be divided as evenly as possible into six regions, and each region shall be assigned an election month and date. At each presidential election cycle the order of the said regions shall be rotated so each region shall have its turn to hold the first primary election and the general election shall be held three months after the last primary election.

(6) The locations of all primary and back-up polling places and operating times shall be mandated by State law not less than ninety days before an election and shall not be changed by any public official or court within those ninety days. Casted ballots shall only be counted or recounted at the polling place, in the presence of unrestricted public and party observers, and the results forwarded to proper officials. These ballots shall be held at the polling place till the final results are announced.

(7) States may, by law, provide for the restrictions and restoration of voting privileges for felons and impose conditions on voting in State and local elections but Congress shall not have the power to regulate, alter, mandate, or modify any State's voter qualifications for non-national elections nor shall States have the power to place restrictions based on age over eighteen years old, race, sex, creed, color, religion, or national origin of the voter.

(8) Appointed officers and employees in the Civil Service, including members of the Armed Forces, shall not engage directly or indirectly in partisan political activities except to vote.

(9) A petition of one percent of the registered voters of a State shall be sufficient to place a number of Electors for President and Vice President on the ballot provided that said petition is presented 180 days before the first primary election date. If any candidate for President or Vice President qualifies to be placed on the primary ballot on at least one State in their region then they shall be listed on all State primary ballots in the entire region.

(10) This Clause shall apply only to Federal elections except where provided for elsewhere in this Constitution. Each State may provide, by law, the manner of holding State elections and may include State issues and candidates on the Federal ballot in their State; but the Congress may, by law, create regulations to produce a standardized ballot.

Section 6.8.

(1) The President, Vice President, Members of Congress, Justices and Judges shall list all organizations, profit and non-profit, in which the incumbent or candidate is a member and, except their political party, shall suspend their active membership during their term of office or not receive any contributions, gifts, or goods and services in lieu of cash whenever the Congress is in session.

(2) Congress shall not publicly finance any political candidate or political party or place limits on any fund raising, political speech on any method of communication but no incumbent or candidate for any Federal office shall accept any contributions from any unlawful sources, government contractors, international organizations, foreign powers, foreign corporations, and foreign entities or citizens nor shall hold any closed meetings with donors and lobbyists.

(3) No Senator or candidate for the office of Senator shall accept any contributions from outside their State.

(4) No Representative or candidate for the office of Representative shall accept any contributions from outside their District.

(5) No Federal or State agencies or other public entities shall use any public funds to either lobby Congress or contribute to any incumbent or candidate for Federal office.

(6) States may, by law, place any additional restrictions on political campaign fund raising by Members of Congress or other candidates within their State but shall pass no law that favors certain political parties over other parties.

(7) Any elected person may be removed from office upon conviction of improper fund raising, voter fraud, or if found not qualified for the public office held.

(8) Any person who runs for the office of President, Vice President, Senator, nominated as a Federal Justice or Judge, or Representative shall present to any Federal court proof of naturalized citizenship, birth certificate, or other credentials as Congress may, by law, provide for within the State or other jurisdiction where born or naturalized. Upon a satisfactory examination or investigation the court shall then attest that the candidate is a valid Citizen but shall not have the power to publicly release said credentials without the permission of the candidate.

(9) No person who has been convicted of a crime (unless pardoned) shall be eligible to hold office as a President, Vice President, Senator, Representative, or Federal Justice or Judge and any of the above convicted of a crime while in office shall not be allowed to continue in their office.

(10) Any political or non-political private organization shall have the right to create and distribute political communications anywhere by any method but may be held liable for unauthorized disclosure of state secrets; any libelous or slanderous words, actions, writings; or inciting violence or terrorism.

Section 6.9.

(1) Only Indian Nations recognized by the Federation shall be protected by this Section.

(2) Indian Nations and their individual members are subject to all Federal and State laws but the Congress and State Legislatures may, by law, exempt Indian Nations from certain laws pertaining to self-government as provided for elsewhere in this Section but all Indian Nation members shall enjoy all the protections and privileges of Citizens in all aspects of Indian Nation government and justice.

(3) Indian Nations shall have the power to determine their form of government, define conditions for membership in their Nation, administer justice and enforce laws, tax its members, regulate the domestic relations of its members, and shall be protected from unlawful and unwarranted intrusions by Federation or State officials without their consent.

(4) No taxes shall be paid on any income earned solely within an Indian Nation enterprise except that if the economic enterprise offers goods or services, whether owned by an Indian Nation or individual member or members, to non-members then the Federation and the States shall have the power to proportionally tax non-member participation according to its laws like any other non-Indian Nation business enterprise. This Federation and the States may also regulate said economic enterprises serving non-members according to its laws like any other non-Indian Nation business enterprise.

(5) All Indian Nation lands shall be exempt from property taxes except if said land is used to provide goods and services to non-Indian Nation members.

(6) Indian Nation leaders, members, and their economic enterprises shall be held to the same constitutional restrictions and laws relating to contributions to political candidates and causes outside of Indian Nation government.

(7) Indian Nation members shall have the right to appeal final decisions of their tribal courts to the Federation courts.

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