The following principles should be considered planks in the
platform of any candidate who calls himself or herself a
The rights recognized in the Bill of Rights are rights
that precede the Constitution, apply to all persons everywhere
and all times, and considered as restrictions on the actions of
government officials or agents, apply to all officials or agents
at all levels of government, federal, state, and local, and even
to the treatment of any persons anywhere outside the territorial
jurisdiction of the United States, except when otherwise
authorized by a declaration of war or letters of marque and
The right to keep and bear arms, like other rights in
the Bill of Rights, is an individual right, at all levels of
government, and covers all weapons or other tools or supplies
that might be used for defense, riot control, personal
protection, law enforcement, or emergency response. The only
regulation permitted is to facilitate and discipline militia and
enhance its effectiveness.
No right, including the right to keep and bear arms, may
be disabled, that is, restricted partially or entirely, by any
process other than a trial in which the subject shall have the
right of a jury, and in which the burden of proof is on the
petitioner that either the disablement is a punishment
authorized by statute for a crime proved to have been committed
by the subject, or that if the right of the defendant is not
disabled it would be exercised in a way that would threaten the
rights of others or be a danger to the defendant. Any statute
disabling a right for a person convicted of a crime is a
prohibited bill of attainder. Any such disablement must be
explicitly stated in the sentence or judgment of the court.
Legislative restriction of any right constitutes a
prohibited bill of attainder, and perhaps also a prohibited ex
post facto statute, and as such is null and void from inception.
This includes statutes restricting purchase, possession, or use
of a weapon, or the exercise of any other right, by persons
convicted of a crime if the restriction is not made part of the
sentence. It also includes statutes requiring carry permits for
a weapon. The only credential permitted in regard to any right
is a certificate that the right has not been disabled, but the
carrying of such a certificate may not be required.
In all references to the power to "regulate", that power
does not include the power to prohibit all modalities of a
thing, and it does not include the power to impose criminal
penalties (disablement of life, limb, or liberty), but only
civil (fines, loss of privileges).
The "commerce" among the states and with foreign nations
which the Congress has the power to regulate (Art. I Sec. 8 Cl.
3) consists only of transfers of ownership and possession of
tangible goods, for a valuable consideration, that commence in
one state and terminate in another, or in one state and
terminate in a foreign nation, or in a foreign nation and
terminate in a state. It does not include regulation of
"traffic" except insofar as it is necessary to identify
commercial traffic carrying commodities subject to regulation.
It does not include primary production, such as mining,
agriculture, herding, fishing, or hunting. It does not include
manufacturing, retail sales, possession, use, transport or
disposal of one's property not part of an exchange. It does not
include other activities of those engaged in commerce or
anything not itself a tangible commodity that "affects"
commerce, substantially or otherwise.
The only crimes committed on state territory over which
the national government have jurisdiction are (1)
counterfeiting, (2) piracy, (3) felonies on the high seas, (4)
offenses against the laws of nations (Art. I Sec. 8), (5)
violations of military law by military personnel or militia
personnel in actual service, (6) treason (Art. III Sec. 2), (7)
enslavement (13th Amendment), (8) deprivations of rights by a
government agent (14th Amendment), (9) deprivation of the right
to vote on the basis of race (15th Amendment), gender (19th
Amendment), non-payment of a tax (24th Amendment), or age 18 or
older (26th Amendment). All other statutes imposing criminal
penalties are inapplicable to actions committed on state
The location of a crime governing the territorial
jurisdiction for its prosecution is the location of the center
of the perpetrator's brain at the moment the criminal act is
performed, not where the effects of the act occur. The only
extraterritorial criminal jurisdiction is on the high seas and
unclaimed territory such as Antarctica or outer space.
The powers "necessary and proper" (Art. I Sec. 8 Cl. 18)
to a delegated power are only those powers essential to the
administration of the delegated power, not any power that might
serve the same purpose as such a delegated power. In particular,
it does not include the power to impose criminal penalties for
violation of a regulation, or for interference with regulated or
promoted activities or spending.
The "general welfare" clause (Art. I Sec. 8 Cl. 1) is
not the delegation of a power, but a restriction of the power to
raise taxes (and spend the funds raised) to only those things
that benefit the nation generally, and not just some region or
group. There is no federal power to make "internal improvements"
unless they are incidental to a delegated power, such as
It is unconstitutional to impose a tax for a regulatory
or confiscatory purpose, or for any purpose other than the
raising of revenue.
There is no concurrent jurisdiction of the national
government and the state governments over any offense, and for
purposes of the double jeopardy protection (5th Amendment) the
"same offense" is a physical act of the accused, and multiple
prosecution is prohibited for the same or continuing physical
act under different charges, statutes, or sovereigns. If the
federal government wants to assert jurisdiction for a violation
of civil rights by a state official, it must first void any
prosecution by the state for the same physical act.
The U.S. Congress has general legislative jurisdiction
over a territory only if (1) it has been purchased by the
national government with the consent of the legislature of the
state of which it is a part; (2) it has been purchased and is
being used only for a public purpose; (3) the state legislature
has explicitly ceded exclusive legislative jurisdiction over
that specific parcel, described by metes and bounds, in a act
according to that state's constitution; and (4) the national
government has clear title and effective possession of the
parcel. Concurrent jurisdiction is not permitted, except that
residents of the parcel should retain their citizenship in the
ceding state for purposes of voting for national and state
office. Jurisdiction reverts to the state if any of the
conditions of its cession terminate. Such territories include
the District of Columbia, U.S. coastal waters, U.S.-flag vessels
at sea, and the grounds of U.S. embassies abroad. It does not
include possessions such as Puerto Rico, the Virgin Islands, or
Guam, over which the national government may have civil but not
Citizenship of any political subdivision of the United
States is based only on residence address, and a person is a
citizen of a federal territory and subject to its jurisdiction
only if he or she is a voluntary resident of that territory.
All persons present within the territorial jurisdiction
of the United States have the duty to not only obey
constitutional statutes and other official acts, but to help
enforce them, and to train and equip themselves, alone and in
combination with others, to do so. All persons in their capacity
as defenders of the community are the militia, any person aware
of a threat has the authority and the duty to call up the
militia to meet it, and any person receiving a credible call up
has the duty to respond to it. It is a duty to maintain a
militia system at a state of organization, training, and
equipment, involving all fit adult citizens and would-be
citizens, sufficient to overcome the military.
In any situation in which laws are in conflict, any
person has the inalienable duty to make an independent
determination of which law is superior, and to enforce the
superior law. When that superior law is the Constitution, the
duty is called constitutional review, and judicial review when
done by a court. It may not be relinquished to superiors,
judges, or legal advisers.
Unless a criminal statute explicitly limits who may
enforce it, it is equally enforceable by any person, and
enforcement authority is derived from the law and from a warrant
or commission, not from a title or employment status. Government
agents have no criminal law enforcement authority that civilians
don't also have. However, law enforcement officials, such as
sheriffs and U.S. marshals, may have command rank in situations
where they are present. The title of "federal agent" carries no
Any protection of government agents or other persons
from criminal or civil liability for their actions, or special
penalties for offenses against them, not enjoyed by others,
constitutes the granting to them of a title of nobility, which
Based on available evidence, and until it can be proved
otherwise, the Income Tax Amendment shall be considered not to
have been ratified. Even if it was, the "income" which is
taxable under it is only "unearned" income such as interest,
dividends, and rents, and not wages for labor.
Fiat currency must not be made legal tender within a
state, and the constitutional requirement that only gold or
silver be legal tender on state territory must be enforced.
Federal reserve notes are not legal tender for the payment of
debts within, to, or from a state.
A constitution is not a contract but the Supreme Law,
which provides for all contracts into which any department of
government may engage. There are no "implied contracts" in which
a government is a party.
Common law crimes are ex post facto and as such
prohibited by the Constitution. In particular, the national
government has no authority to punish for perjury, fraud, or
contempt of court any act not committed on federal territory.
Require that all issues of law be argued in the presence
of the jury, who shall be provided with copies of all pleadings
and access to an adequate law library. Instruct the jury has it
the power to review legal decisions of the court, as well as
decide the facts, for a general verdict in a case. The only
exception would be legal argument that cannot be made without
disclosing evidence that is properly excluded.
In a jury trial any opinion on the law rendered by a
judge shall be considered testimony, subject to
cross-examination and rebuttal.
The right of an accused to counsel is a right to counsel
of his choice, including persons not otherwise admitted to
Prosecution of persons accused of a crime may not be
limited to public prosecutors. The determination of who may
criminally prosecute is the exclusive duty of a grand jury.
Courts and prosecutors are not permitted to obstruct
access of any person to a grand jury to present evidence or a
petition, but only to regulate the timing and manner of it to
make such access orderly and expeditious.
Only a natural person or aggregate of natural persons
may be a party to a legal proceeding. In particular, in rem
"civil forfeiture" is prohibited unless there is no apparent
owner or claimant, in which case the defendant is "persons
unknown". Property shall be taken only to the extent necessary
to pay a specific fine or judgment imposed by the ruling of a
court. It may not include any assets not exclusively owned by,
or, if the ownership cannot be determined, in the exclusive
possession of the accused, and any surplus from a public sale of
the asset over that needed to pay such fine or judgment shall be
returned to the apparent owner or possessor.
The President or other public official may not direct
any offensive action by the military or militia without
congressional authorization in the form of a declaration or war
or letters of marque or reprisal, and any such unauthorized
direction shall constitute a criminal violation under the law of
nations clause (Art. I Sec. 8 Cl. 10) and an impeachable
The offenses covered under the authority to punish
offenses against the law of nations (Art. 1 Sec. 8 Cl. 10)
include only the following:
Attacks on foreign nations, their citizens, or
shipping, without either a declaration of war or letters of
marque and reprisal.
Dishonoring of the flag of truce, peace treaties,
and boundary treaties.
Depredation of wrecked ships, their passengers and
crew, and their cargo, by those who might find them.
Piracy on the high seas, even if those making the
capture or their nations had not been victims.
Mistreatment of prisoners of war.
Attacks on foreign embassies, ambassadors, and
diplomats, and on foreign ships and their passengers, crew,
and cargo while in domestic waters or in port.
Dishonoring of extradition treaties for criminals
who committed crimes in a nation with whom one has such a
treaty who escape to one's territory or are found on the
Enslavement of foreign nationals and international
trading in slaves.
Entry into a country across its border without
consent of lawful authorities.
It does not include any other treaties or violations thereof,
and no treaty provisions are permitted or enforceable which
would require the exercise of powers not delegated by the
Limits or disclosures on campaign contributions not
convertible to the personal use of the candidate, even when
accepted in exchange for public funding, are prohibited by the
1st Amendment, and any such public funding must be of general
benefit to the nation and not to any region or group.
Religious observances may not be supported by government
agents or public funds, but neither may they be reasonably
restricted on public premises when initiated and funded by
private persons, provided that this is not done in a way that is
disruptive or offensive.
The monitoring of communications by government agents,
which the participants have the reasonable expectation of being
private, is prohibited without a specific search warrant and
notification of the parties involved if such notification is
Any search warrant must be served on the owner or
possessor of the premises, and such person must have the
reasonable opportunity to verify the validity of the warrant,
unless such person cannot be found within a reasonable time. It
is not permitted to wait until such person is absent to search
his premises, or fail to notify the person as soon as possible
if such a search and seizure is conducted.
"No knock" search or arrest warrants are not permitted
unless there is imminent threat of death or injury to an
innocent person, and it is not permissible to prosecute any
person for resisting an improper execution of a warrant with
deadly force or for any death or injuries that might result
Legislative and judicial powers may not be subdelegated,
and executive powers may not be delegated to the agents of a
different sovereign. No official may make a decision adversely
affecting a privilege or immunity of a person in his
jurisdiction based on an act or decision by an agent of a
Government agencies or departments may not legislate for
civilians by issuing "regulations" governing them, and it should
never be necessary for a reasonable person to have to read a
"regulation" or other directive to discover how to interpret a
statute or decide whether or how it might apply to him.
Regulations and executive orders apply only to subordinates of
the issuing executive, including officials, agents, and
contractors, or to persons visiting proprietary facilities, or
using proprietary assets, of the government.
No person shall be penalized or obstructed from
petitioning for redress against any government agency or
executive official, or staff members of the legislative or
judicial branches, for relief under contract, tort, injunction,
or declaration, although it may require that monetary judgments
require a special appropriation by the legislative branch. The
financial responsibility of officials must be secured by
adequate bond, and if public policy seeks to make officials
personally immune, the government must assume financial
liability for claims against them.
Replace creation of judges by elections or appointments
by political officials with sortition, or random selection, and
replace single judges with multi-judge panels to the extent
feasible, from a pool selected by objective examinations, to
serve for limited terms, and to be assigned to cases randomly.
Require that upon demand by any person, through a
petition for a writ of quo warranto, and before
continuing with an enforcement action, any official prove his
authority for the action, by an unbroken logical chain leading
back to the applicable constitution. Reverse the presumption of
Eliminate licensing of occupations, especially the
practice of law. Establish that the practice of any occupation
may be disabled only by order of a court of competent
jurisdiction, on petition therefor and proof by a preponderance
of evidence and verdict by nine of a jury of twelve, that if not
disabled the right would likely be abused, or beyond a
reasonable doubt that the defendant committed an offense for
which a statute specifies disablement of the right as a
punishment, by a unanimous verdict of a jury of twelve.
Secret budgets and expenditures are prohibited by Art. I
Sec. 9 Cl. 7, and are not to be permitted on grounds of
"national security". This includes any funds administered by
public officials or government agents even if derived from other
sources than taxes or fees. Forbid proprietary ownership or
control of private organizations by government agents or
agencies except temporarily for law enforcement investigations.
Reform the Civil Service and congressional staff systems
to make it easier to reassign personnel and prevent them from
becoming too entrenched in any department or location. Reassign
personnel at regular intervals and randomly cull them. Limit
terms of service. Eliminate the seniority system. Set up chains
of supervision and inspection to prevent collusion or evasion of
Have the states cede territorial jurisdiction to
Congress, in accordance with Art. I Sec. 8 Cl. 17, of airspace
300 meters or more above buildings or terrain features, so that
federal air traffic control there can be constitutional.
Require the boundaries between federal, state, and local
jurisdictions be clearly marked so that anyone passing from one
to the other will have proper notice thereof.