THE NATIONAL CONSTITUTION PROTOTYPE PROJECT
Building a solid foundation for long-term national success.
The National Constitution Prototype
The national government shall consist of nine key components:
citizens' conventions,
an Electoral College,
oversight boards,
senior executive officers,
administrative agencies,
a House of Representatives,
a States' Assembly,
a federal court system, and
a Government Services Administration.
1. The Constitution of the Nation's Government
Citizens' conventions shall be convened by the presiding officer of the Electoral College whenever
the presiding officer determines that vacant seats in the Electoral College need to be filled, and/or
as required by law.
When ordered by the presiding officer of the Electoral College, citizens' conventions shall be convened in each state and territory.
Delegates to a citizens' convention shall be randomly drawn from those registered voters within a state or territory that have indicated that they will be willing to serve at a citizens' convention if called upon.
Prior to the convening of a citizens' convention, the legislature of each state and territory shall establish
the number of its delegates,
the term of service of its delegates,
any qualification requirements for its delegates,
the compensation and reimbursement of its delegates, and
the bylaws and procedure for its citizens' conventions.
The bylaws and procedures established by each state or territory shall comply with any requirements established by the federal government.
Once convened, each state and territory convention shall elect from among its own members delegates to a national convention. The number of such delegates shall be in proportion to the number of registered voters within each state or territory as established by the presiding officer of the Electoral College.
Once convened, the national convention shall elect from among its own ranks electors to fill any vacant seats in the Electoral College.
2. Citizens' Conventions
3. The Electoral College
The Electoral College shall be convened by the Appointments Board chairperson whenever the chairperson determines that one or more vacant seats on the Appointments Board need to be filled.
The Electoral College
shall review applicants,
nominate candidates from such applicants, and
elect from such nominees persons to serve as permanent members of the Appointments Board.
The electors of the Electoral College shall be compensated and reimbursed for their service by the federal government.
4. The Appointments Board
The Appointments Board shall appoint
board members to the other oversight boards,
the chief executive officer and deputy of each public service agency, and
the Federal Services Director.
The Appointments Board shall confirm appointments made by the other oversight boards and by the Federal Services Director.
5. The Oversight Boards
There shall be eight oversight boards. The eight boards shall include
the Appointments Board,
the Ethics Board,
the Monetary Policy Board,
the National Security Board,
the Operations Review Board,
the Expenditures Review Board,
the Legislation Review Board, and
the Judiciary Board.
Each oversight board shall have not less than 10 voting members and 2 alternates.
Each board member shall serve as the chairperson for one year on a rotating basis.
No board member may serve on two or more boards at the same time.
Each board may charter and staff agencies to assist the board with carrying out its mission.
All board decisions shall require a supermajority vote in favor of the decision.
6. The Senior Executive Officers
There shall be five senior executive officers:
the Ambassador General,
the Treasurer,
the Inspector General,
the Attorney General, and
the Federal Services Director.
No senior executive officer shall serve on an oversight board during their term as a senior executive officer.
Each senior executive officer may charter and staff agencies to assist the officer with fulfilling the officer's mission.
7. The Ambassador General
The Ambassador General
shall be appointed by the National Security Board and confirmed by the Appointments Board;
shall report to and serve at the pleasure of the National Security Board;
shall serve as the Nation's "head of state" and chief diplomatic officer;
shall serve as the Commander in Chief of the military; and
shall charter and oversee all other federal agencies responsible for national security and international relations.
The responsibilities of the Ambassador General shall include but not be limited to
securing the nation's borders,
defending the nation against external threats,
maintaining and fostering the nation's reputation among foreign nations, and
protecting the nation's citizens and their interests when they travel and/or engage in commerce outside the nation's borders.
8. The Treasurer
The Treasurer
shall be appointed by the Monetary Policy Board and confirmed by the Appointments Board;
shall report to and serve at the pleasure of the Monetary Policy Board; and
shall charter and oversee the Treasury and related federal agencies responsible for the financial security of the nation.
The responsibilities of the Treasurer shall include but not be limited to
currency creation,
tax collection,
government security sales and repurchases,
government asset acquisitions and sales,
bank regulation,
establishing accounting practices,
the recording of business registrations,
the reporting of financial statements, and
the issuance of trademarks.
9. The Inspector General
The Inspector General
shall be appointed by the Ethics Board and confirmed by the Appointments Board; and
shall report to and serve at the pleasure of the Ethics Board.
The duties of the Inspector General shall include
investigating potential violations of established codes of conduct and operating procedures by federal officers and employees,
making referrals for removal, and
making referrals for criminal and/or civil prosecution.
10. The Attorney General
The Attorney General
shall be appointed by the Judiciary Board and confirmed by the Appointments Board; and
shall report to and serve at the pleasure of the Judiciary Board.
The duties of the Attorney General shall include
investigating potential violations of federal law, and
prosecuting alleged violations within the federal court system.
11. The Federal Services Director
The Federal Services Director
shall be appointed by the Appointments Board;
shall report to and serve at the pleasure of the Operations Review Board;
shall be responsible for drafting and revising the charters of federal agencies not chartered by other senior executive officers; and
shall be responsible for overseeing those federal agencies not overseen by either
another senior executive officer, or
an executive officer appointed by the Appointments Board.
Some of the concerns addressed by agencies chartered and overseen by the Federal Services Director shall include but not be limited to
elections and referendums,
natural resource management,
emergency preparedness and response,
the issuance of patents and copyrights,
the establishment of national standards,
weather forecasting,
promoting scientific research,
gathering and disseminating national statistics,
the granting of citizenship and related immigration policies,
pollution reduction, and
the preservation of competitive markets.
12. The Ethics Board
The Ethics Board
shall establish and maintain codes of conduct and operational rules for each government body;
shall appoint the Inspector General, who shall investigate potential code and rule violations;
may remove any federal officer or employee for code violations or criminal acts;
must confirm the dismissal of any federal officer or employee by another federal official or employee for the dismissal to be valid; and
may grant pardons to current and former federal officers and employees for criminal and civil offenses.
13. The Operations Review Board
The Operations Review Board
shall review and approve each federal agency's charter and any proposed revision to an agency's charter;
shall, for each federal agency, specify the structure, content, and delivery schedule for the agency's annual executive report; and
shall review and approve each agency's workplans as presented in the agency's annual executive report.
14. The Expenditures Review Board
The Expenditures Review Board
shall, for each federal agency, specify the structure, content, and delivery schedule for the agency's annual budget proposal;
shall review and approve annual budget proposals and emergency expenditure requests;
may exercise a "line item veto" with respect to specific expenditures requested within an agency's budget proposal; and
may negotiate revisions to an agency's annual budget proposal with the agency.
15. The Legislation Review Board
The enactment of a proposed law or amendment to an existing law shall require the ratification of the proposed law or amendment by the Legislation Review Board.
The Legislation Review Board
shall review all proposed laws and amendments to existing laws proposed by
the Senior Executive Officers,
the chief executive officers of the federal agencies,
the House of Representatives,
the States' Assembly, and
the Ethics Board;
shall either ratify or reject such proposed laws and amendments;
shall not revise such proposed laws and amendments prior to ratifying them; and
may return such proposed laws or amendments to the originating parties with suggested edits.
The Board's ratification of a proposed law or amendment to an existing law shall require a two-thirds vote in favor of the proposed law or amendment.
16. The Judiciary Board
The Judiciary Board
shall appoint the Attorney General;
shall appoint federal judges and justices;
shall confirm magistrates; and
shall exercise direct oversight over the federal court system.
The Judiciary Board shall not make rulings or issue opinions on matters of law.
17. The Other Boards
The Monetary Policy Board
shall appoint the Treasurer; and
shall exercise direct oversight over the Office of the Treasurer and its agencies.
The National Security Board
shall appoint the Ambassador General; and
shall exercise direct oversight over the Office of the Ambassador General and its agencies.
18. The House of Representatives
The House of Representatives shall serve as "the people's watchdog". Its members shall, through their regular communication with their constituents, serve as the "eyes and ears" of the nation. And it shall keep a close eye on the boards, offices, and agencies of the federal government.
The House shall not be a legislative body per se as its primary function shall not be to draft and/or ratify laws.
Each member of the House (the representatives)
shall be elected by the people,
shall represent a federal election district, and
shall serve for a three-year term.
Each federal election district shall contain approximately the same number of adult citizens.
Three representatives shall be elected from each federal election district using a ranked choice voting system.
The House
shall ratify all treaties and tariffs;
may veto legislation and board decisions; and
may call for the removal of federal employees and officials (including, but not limited to, judges and board members).
Federal officials shall be required to testify before the House when called upon.
All House hearings and votes shall be broadcasted, recorded, and made publicly available.
Actions taken by the House in related to legislation, board decisions, treaties, agency redesignations (as described below), and the removal of officials shall require a supermajority vote in favor of the action. Such supermajority vote shall be defined as a vote of two thirds or more of the House in favor of the action.
For any proposed action that fails to receive a supermajority vote in favor of the action, the House may call for a public referendum to be held.
A public referendum shall be held if the majority of the members of the House vote for the public referendum.
The action shall pass if more than three quarters of voters in the public referendum approve the action.
During their term of office, no member of the House shall serve on an oversight board or as an executive officer.
Following the completion of every national census, the boundaries of each federal election district shall be reestablished by a nonpolitical process. Such process shall be performed by a computer using software approved for such purpose. The software, its source code, and the data used by the software to establish the boundaries shall be made publicly available so that the redistricting process and its results can be verified through reproduction.
19. The States' Assembly
The States' Assembly may be convened by the governor of any state.
When convened, each state shall be represented by a delegate chosen by the state's governor.
The delegate from the state convening the States' Assembly shall serve as the presiding officer.
The States' Assembly may veto any law or regulation that it believes exceeds the federal government's authority. Such vetoes shall require a supermajority vote in favor of the veto.
Any veto passed by the States' Assembly may be appealed to the Supreme Court, which shall have the final say over whether the law or regulation exceeds the scope of the federal government.
20. The Federal Court System
The Federal Court System shall consist of district courts, appellate courts, and a Supreme Court.
The Supreme Court and each appellate court shall consist of not less than five justices.
A decision by a district court may be appealed to the appellate court with direct oversight over the district court. A decision by any appellate court may be appealed to the Supreme Court.
The Supreme Court and the appellate courts may elect to weigh in on any decision made by any court beneath them.
All decisions by appellate courts and the Supreme Court shall be reached by a majority vote of the members of the court.
After a decision has been reached by a court, every justice who voted on the decision must provide a written opinion either affirming or dissenting with the court's decision.
All federal judges and justices shall be appointed and/or confirmed by the Judicial Board.
Promotion of federal judges and justices to the federal appellate courts and the to the Supreme Court shall require a minimum of 10 years of service at the next lower level.
Federal courts may hold federal officers and employees in contempt for willfully failing to obey orders issued by the court when such action by the court and any associated punitive measures are upheld by an appellate court. Punitive measures may include temporary suspension of the officer or employee, fines to be paid by the officer or employee, and/or incarceration of the officer or employee. No officer or employee of the government, including the senior executive officers, shall be exempt from such punitive measures.
21. The Government Services Administration
The Government Services Administration shall provide services essential to the operation of the federal government and its various boards, offices, and agencies.
The head of the Administration (the Administrator) shall be appointed by the Appointments Board.
Each year, the chief executive officers of the federal agencies shall vote on whether a new Administrator shall be appointed.
The types of services provided by the Administration and its agencies shall include but not be limited to services related to
computers and computer networks,
human resource management,
office space,
security,
accounting,
contract management,
publications,
topical research,
employee training, and
cost/benefit analysis.
Each agency of the government chartered and overseen by a senior executive officer shall be designated as a "national service agency".
Each national service agency shall be headed by a chief executive officer appointed by the senior executive officer identified in its charter.
The chief executive officer of each national service agency shall submit an annual report to the Operations Review Board. The annual report shall meet the format and content requirements of the Board and shall be submitted on or before the date identified by the Board.
The chief executive officer shall also submit a budget proposal to the Expenditures Review Board each year. The budget proposal shall meet the format and content requirements of the Board and shall be submitted on or before the date identified by the Board.
The House of Representatives may redesignate any national service agency as a "public service agency". Such redesignation shall require a supermajority vote.
Each public service agency shall be headed by a term-limited federal officer appointed by the Appointments Board.
Each public service agency shall address concerns directly impacting the welfare of the nation's households.
Some of the concerns addressed by public service agencies shall include but not be limited to
communication services;
interstate transportation;
healthcare goods and services;
harmful business practices;
crime and police misconduct;
housing quality, availability and affordability;
education;
household financial security;
employment; and
working conditions.
As in the case of national service agencies, the chief executive officer of each public service agency shall submit budget proposals and executive reports as required by the Expenditures Review Board and the Operations Review Board.
24. Term-Limited Federal Officers
Term-limited federal officers
shall be appointed by the Appointments Board; and
after appointment, shall serve an initial three-year term.
In May of the last year of the officer's term, a public referendum shall be held to determine if the officer's term shall be extended two more years.
If the May referendum fails, a second referendum shall be held that November.
If both referendums fail, the officer's term shall not be extended, and the Appointments Board shall select a new term-limited officer to head the agency; otherwise, the officer's term shall be extended two more years.
Every other year thereafter, the referendum process shall be repeated.
No limit shall be placed on the number of times a term-limited officer's term can be extended. However, once a term-limited officer's term ends, he or she shall be permanently barred from holding the same position again.
25. Agency Deputies
Except for the agencies serving the oversight boards, the Appointments Board shall appoint or confirm an agency deputy for each agency of the government.
Like the agency's chief executive officer, each agency deputy shall serve at the pleasure of whichever board or senior executive officer has direct oversight over the agency.
When information concerning an agency is required by an oversight board, agency deputies shall serve as the initial contact for the oversight board.
When asked, agency deputies, or those acting on their behalf, shall answer to the best of their ability any questions an oversight board might have regarding their agency's operations, plans, and expenditures.
Agency deputies
shall report any potential misconduct and other concerns with regard to the agency and its chief executive officer; and
shall act on behalf of the agency's chief executive officer when necessary.
Each agency's chief executive officer
shall keep their agency deputy fully informed on all aspects of their agency's operations, plans, and expenditures; and
shall include their agency deputy in all official meetings and communications.
26. The Scope of the Federal Government
The agencies of the federal government shall have broad authority to address the needs and concerns of the nation's citizens. However, limits may be placed by law or by the Ethics Board on the authority of an agency.
Each of the federal agencies shall take prudent steps, whenever possible, to
safeguard the rights and freedoms of the nation's citizens,
document such safeguards in the agency's documented procedures; and
ensure that the nation's citizens receive equal treatment under the law.
No federal agency or employee shall
willfully violate any recognized right of a citizen;
institute any law or regulation that, in and of itself, raises significant ethical concerns; and/or
institute any law that addresses concerns that are better addressed by state and local governments.
27. Equal Treatment Under the Law
The federal government shall neither favor nor disfavor any citizen or group of citizens based on
racial, ethnic, and/or religious designations; and/or
their ancestry, political affiliation, and/or sexuality.
The federal government shall not compel citizens to categorize themselves based on racial, ethnic, political, and/or religious classifications.
When authorized by a supermajority vote of the House of Representatives, the federal government may differ in its treatment of citizens based on their gender classifications. However, such treatment shall be permissible only if such treatment does not raise significant ethical concerns.
The federal government shall recognize five distinct gender classifications:
biological male,
biological female,
assigned male,
assigned female, and
nondifferentiated.
With certification from a physician and the consent of the citizen or their legal guardian, a citizen's gender classification may be revised as appropriate.
28. The Enumeration of Rights and Freedoms
The Ethics Board shall maintain and publish an enumerated list of citizen's rights and freedoms along with the rights and freedoms of noncitizens.
The list shall be recognized as not being inclusive of every right and freedom that citizens and noncitizens have. However, the Ethics Board shall make a good faith effort to make and keep the list as comprehensive as possible.
The list shall differentiate between those rights that are inalienable and those rights that are subject to limitations.
For those rights that are subject to limitations, the list shall enumerate all known limitations placed on such rights.
The list shall be a living document subject to continuous revision.
The Ethics Board shall maintain and publish a version history of the list with changes clearly indicated.
The Ethics Board shall make a good faith effort to organize the list in a manner that makes the list as useful as possible.
Each right and freedom shall be assigned a unique code. If the coding of any right or freedom is changed, the Ethics Board shall publish a concordance.
By means of a two-thirds vote, the House of Representatives may submit to the Ethics Board a proposal for a revision to the list.
The Ethics Board may implement any proposal submitted to it by the House as the Board deems appropriate.
The Supreme Court shall exercise final judgement with regard to the correct implementation of any proposed revision to the list.
Legal residents of the nation and others shall enjoy the same rights and freedoms as citizens except as indicated within the list. Rights and freedoms that apply to all shall be indicated by using the term Person where appropriate. Rights and freedoms that apply only to citizens shall be indicated by using the term Citizen where appropriate. Rights and freedoms that apply only to citizens and legal residents shall be indicated by using the term Resident where appropriate.
29. Ethically Divisive Laws, Regulations and Activities
The House of Representatives may determine that a law, regulation, or agency activity raises significant ethical concerns. Such determination shall require a simple majority vote by the House.
Three months after such determination by the House, a public referendum shall be held to determine whether the House's determination shall remain in force.
The House's determination shall remain in force until the outcome of the referendum has been determined.
After the outcome of the referendum has been determined, the House's determination shall remain in force unless a supermajority of those voting in the referendum vote in opposition to the House's determination.
The House may not again review the ethicality of the same law, regulation, or agency activity for a period of three years.
30. National Emergencies
The House of Representatives may declare a national emergency. Such declaration
shall require a supermajority vote in favor of the declaration;
shall state the nature of the emergency; and
shall identify one of the five senior executive officers to coordinate the government response to the emergency.
When a national emergency is over, the House of Representatives shall declare the emergency over. Such declaration shall require a simple majority vote in favor of the declaration.
The senior executive officer tasked with coordinating the government's response to an emergency may take any actions reasonably necessary to respond to the emergency.
The House may, by a supermajority vote, declare an action taken by the senior executive officer charges with overseeing the response to a national emergency as unnecessary.
The Supreme Court shall have final say over whether an action taken by the senior executive officer exceeds the requirements of the emergency.
31. Citizenship and Resident Status
Citizenship shall be granted to the following persons:
any person born to a citizen regardless of where the person was born
any minor child legally adopted by a citizen
any adult noncitizen legally married to a citizen for more than ten years
any person, five years or older, born to a noncitizen who maintained continuous legal residency within the states or territories of the nation for a minimum of eighteen consecutive months prior to the person's birth
Provisional citizenship shall be granted to the following persons:
any legal resident who has maintained continuous legal residency within the states and/or territories of the nation for more than ten years
Resident status shall be granted to the following persons:
any adult noncitizen married to a citizen for less than ten years
the spouse of any person with resident status
any minor child born to and residing with a person having resident status
anyone granted asylum status
No person shall be deported whose identity, citizenship, and residency status has not been established.
Temporary resident status shall be granted, when appropriate, to those with guest worker status.
Guest worker status may be granted to anyone who
applies for guest worker status; and
agrees to work in one or more occupations approved by the public service agency concerned with employment; and
agrees to not work in any occupation for which they are not authorized; and
demonstrates that they have the skills required for each occupation they identify in their application.
32. Asylum Status
The criteria for granting asylum to a citizen of another country shall include but not be limited to:
The likelihood that the asylum seeker will experience violence or ongoing harassment if they remain within their country of origin
Whether or not the threats faced by the asylum seeker are a direct result of their ethnicity, the religion they practice, or their sexuality
The Ambassador General may establish country-specific limits on immigration.
The general economic conditions within another country shall not serve as a basis for approving the asylum application of someone originating from that other country unless authorized by a supermajority vote in favor of such authorization by the House.
If already within the nation:
asylum seekers and their minor children shall be granted temporary resident status; and
asylum seekers, if their application for asylum is rejected, shall have thirty days to depart the nation.
When approving asylum applications, those granted guest worker status shall be given priority over those lacking such status.
If their application for asylum is approved, the asylum seeker shall also be granted resident status.
A person's asylum status shall be revoked if they are convicted of any crime identified by the Ethics Board as warranting such revocation.
33. Other Considerations
The jurisdiction of the government shall encompass the entire nation, which shall include but not be limited to:
everyone and thing within the nation's established geographical boundaries;
the nation's citizens and residents whether inside or outside the nation's established geographical boundaries; and
anyone who engages in a commercial transaction or other activity with any of the nation's citizens or residents regardless of where either party is physically located.
Federal officials and employees may be prosecuted for criminal and civil violations. However, the Ethics Board shall pardon any offense if the unlawful actions taken by the federal official or employee are determined by the Ethics Board to have
not violated the code of conduct for federal officers and employees, and
occurred in connection with the performance of their official duties.
All federal officials and employees (including but not limited to judges, board members, executive officers) shall recuse themselves from any decision or action when a potential conflict of interest exists. In addition to any punishment for failing to recuse themselves, an employee or official that knowingly fails to recuse themselves shall waive their right to any pardon in relation to civil and/or criminal prosecutions arising from the decision or action they participated in.
Amendments to the National Government Constitution must be ratified by the House of Representatives, by the States' Assembly, and by the citizens of the nation. In all three cases, ratification of the amendment shall require a supermajority vote in favor of the amendment.
Ranked choice voting shall be employed whenever more than two candidates or applicants compete in an election or for an appointment.
Whenever there are more than ten candidates competing in an election, a preliminary election shall be held. In the preliminary election, voters shall indicate approval or disapproval for each candidate. Candidates that receive approval from twenty percent or more of voters in the preliminary election shall qualify for the final election. A similar process shall be used when more than ten applicants are being considered for the same position within the federal government.