I posted this in a previous blog, but the edits did not appear, which changed the whole tone of the message. Hence, I repost it with the required edits.
Certain laws enacted by the government of The United States of America
have invalidated the Constitution of The United States. I propose that
we return to the Articles of Confederation.
A state by definition is "a nation or territory considered as an organized political community under one government."
Articles of Confederation of the various states to repeal and replace the current Constitution of The United States.
Those portions struck through shall not be included
in the document Those words written in Italics are to be inserted into
the document
Article I. The Stile of this confederacy shall be, “The United States of America.”
Article
II. Each state retains its sovereignty, freedom and independence, and
every Power, Jurisdiction and right, which is not by this confederation
expressly delegated to the United States, in Congress assembled.
Article
III. The said states hereby severally enter into a firm league of
friendship with each other, for their common defense, the security of
their Liberties, and their mutual and general welfare, binding
themselves to assist each other, against all force offered to, or
attacks made upon them, or any of them, on account of religion,
sovereignty, trade, or any other pretense whatever.
Article IV.
The better to secure and perpetuate mutual friendship and intercourse
among the people of the different states in this union, the free
inhabitants of each of these states, paupers, vagabonds and fugitives
from Justice excepted, shall be entitled to all privileges and
immunites of free citizens in the several states; and the people of
each state shall have free ingress and regress to and from any other
state, and shall enjoy therein all the privileges of trade and commerce,
subject to the same duties, impositions and restrictions as the
inhabitants thereof respectively, provided that such restrictions shall
not extend so far as to prevent the removal of property imported into
any state, to any other State of which the Owner is an inhabitant;
provided also that no imposition, duties or restriction shall be laid by
any state, on the property of the united states, or either of them.
If any Person guilty of, or charged with, treason, felony, or other
high misdemeanor in any state, shall flee from Justice, and be found in
any of the united states, he shall upon demand of the Governor or
executive power of the state from which he fled, be delivered up, and
removed to the state having jurisdiction of his offense.
Full faith and credit shall be given in each of these states to the
records, acts and judicial proceedings of the courts and magistrates of
every other state.
Article V. For the more convenient management
of the general interests of the united states, delegates shall be
annually appointed in such manner as the legislature of each state shall
direct, to meet in Congress on the first Monday in November, in every
year, with a power reserved to each state to recall its delegates, or
any of them, at any time within the year, and to send others in their
stead, for the remainder of the Year.
No State
shall be represented in Congress by less than two, nor by more than
seven Members; and no person shall be capable of being delegate for more
than three years, in any term two terms of six two years; nor shall
any person, being a delegate, be capable of holding any office under the
united states, for which he, or another for his benefit receives any
salary, fees or emolument of any kind.
Each
State shall maintain its own delegates in a meeting of the states, and
while they act as members of the committee of the states.
In determining questions in the united states, in Congress assembled, each state shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or
questioned in any Court, or place out of Congress, and the members of
congress shall be protected in their persons from arrests and
imprisonments, during the time of their going to and from, and
attendance on congress, except for treason, felony, or breach of the
peace.
Article VI. No State, without the Consent of the united
States, in congress assembled, shall send any embassy to, or receive any
embassy from, or enter into any conference, agreement, alliance, or
treaty, with any King prince or state; nor shall any person holding any
office of profit or trust under the united states, or any of them,
accept of any present, emolument, office, or title of any kind whatever,
from any king, prince, or foreign state; nor shall the united states,
in congress assembled, or any of them, grant any title of nobility.
No
two or more states shall enter into any treaty, confederation, or
alliance whatever between them, without the consent of the united
states, in congress assembled, specifying accurately the purposes for
which the same is to be entered into, and how long it shall continue.
No
State shall lay any imposts or duties, which may interfere with any
stipulations in treaties, entered into by the united States in congress
assembled, with any king, prince, or State, in pursuance of any treaties
already proposed by congress, to the courts of France and Spain.
No
vessels of war shall be kept up in time of peace, by any state, except
such number only, as shall be deemed necessary by the united states, in
congress assembled, for the defence of such state, or its trade; nor
shall any body of forces be kept up, by any state, in time of peace,
except such number only as, in the judgment of the united states, in
congress assembled, shall be deemed requisite to garrison the forts
necessary for the defense of such state; but every state shall always
keep up a well regulated and disciplined militia, sufficiently armed and
accounted, and shall provide and constantly have ready for use, in
public stores, a due number of field pieces and tents, and a proper
quantity of arms, ammunition, and camp equipage.
No State shall
engage in any war without the consent of the united States in congress
assembled, unless such State be actually invaded by enemies, or shall
have received certain advice of a resolution being formed by some nation
of Indians to invade such State, and the danger is so imminent as not
to admit of a delay till the united states in congress assembled, can be
consulted: nor shall any state grant commissions to any ships or
vessels of war, nor letters of marque or reprisal, except it be after a
declaration of war by the united states in congress assembled, and then
only against the kingdom or State, and the subjects thereof, against
which war has been so declared, and under such regulations as shall be
established by the united states in congress assembled, unless such
state be infested by pirates, in which case vessels of war may be fitted
out for that occasion, and kept so long as the danger shall continue.
Article
VII. When land forces are raised by any state, for the common defense,
all officers of or under the rank of colonel, shall be appointed by the
legislature of each state respectively by whom such forces shall be
raised, or in such manner as such state shall direct, and all vacancies
shall be filled up by the state which first made appointment.
Article
VIII. All charges of war, and all other expenses that shall be incurred
for the common defense or general welfare, and allowed by the united
states in congress assembled, shall be defrayed out of a common
treasury, which shall be supplied by the several states, in proportion
to the value of all land within each state, granted to or surveyed for
any Person, as such land and the buildings and improvements thereon
shall be estimated, according to such mode as the united states, in
congress assembled, shall, from time to time, direct and appoint. The
taxes for paying that proportion shall be laid and levied by the
authority and direction of the legislatures of the several states within
the time agreed upon by the united states in congress assembled. And
immediately be rescinded upon payment of the above debts.
Article
IX. The united states, in congress assembled, shall have the sole and
exclusive right and power of determining on peace and war, except in the
cases mentioned in the sixth article - of sending and receiving
ambassadors - entering into treaties and alliances, provided that no
treaty of commerce shall be made, whereby the legislative power of the
respective states shall be restrained from imposing such imposts and
duties on foreigners, as their own people are subjected to, or from
prohibiting the exportation or importation of any species of goods or
commodities whatsoever - of establishing rules for deciding, in all
cases, what captures on land or water shall be legal, and in what manner
prizes taken by land or naval forces in the service of the united
Sates, shall be divided or appropriated - of granting letters of marque
and reprisal in times of peace - appointing courts for the trial of
piracies and felonies committed on the high seas; and establishing
courts; for receiving and determining finally appeals in all cases of
captures; provided that no member of congress shall be appointed a judge
of any of the said courts.
The united states, in congress
assembled, shall also be the last resort on appeal, in all disputes and
differences now subsisting, or that hereafter may arise between two or
more states concerning boundary, jurisdiction, or any other cause
whatever; which authority shall always be exercised in the manner
following. Whenever the legislative or executive authority, or lawful
agent of any state in controversy with another, shall present a petition
to congress, stating the matter in question, and praying for a hearing,
notice thereof shall be given, by order of congress, to the legislative
or executive authority of the other state in controversy, and a day
assigned for the appearance of the parties by their lawful agents, who
shall then be directed to appoint, by joint consent, commissioners or
judges to constitute a court for hearing and determining the matter in
question: but if they cannot agree, congress each state shall name three persons
out of each of the united states, and from the list of such persons each
party shall alternately strike out one, the petitioners beginning,
until the number shall be reduced to thirteen the number of states; and from that number not
less than seven, nor more than nine names, as congress shall direct,
shall, in the presence of congress, be drawn out by lot, and the persons
whose names shall be so drawn, or any five of them, shall be
commissioners or judges, to hear and finally determine the controversy,
so always as a major part of the judges, who shall hear the cause, shall
agree in the determination: and if either party shall neglect to attend
at the day appointed, without showing reasons which congress shall
judge sufficient, or being present, shall refuse to strike, the congress
shall proceed to nominate three persons out of each State, and the
secretary of congress shall strike in behalf of such party absent or
refusing; and the judgment and sentence of the court, to be appointed in
the manner before prescribed, shall be final and conclusive; and if any
of the parties shall refuse to submit to the authority of such court,
or to appear or defend their claim or cause, the court shall
nevertheless proceed to pronounce sentence, or judgment, which shall in
like manner be final and decisive; the judgment or sentence and other
proceedings being in either case transmitted to congress, and lodged
among the acts of congress, for the security of the parties concerned:
provided that every commissioner, before he sits in judgment, shall take
an oath to be administered by one of the judges of the supreme or
superior court of the State where the cause shall be tried, “well and
truly to hear and determine the matter in question, according to the
best of his judgment, without favor, affection, or hope of reward:
“provided, also, that no State shall be deprived of territory for the
benefit of the united states.
All controversies concerning the
private right of soil claimed under different grants of two or more
states, whose jurisdictions as they may respect such lands, and the
states which passed such grants are adjusted, the said grants or either
of them being at the same time claimed to have originated antecedent to
such settlement of jurisdiction, shall, on the petition of either party
to the congress of the united states, be finally determined, as near as
may be, in the same manner as is before prescribed for deciding disputes
respecting territorial jurisdiction between different states.
The
united states, in congress assembled, shall also have the sole and
exclusive right and power of regulating the alloy and value of coin
struck by their own authority, or by that of the respective states -
fixing the standard of weights and measures throughout the united states
- regulating the trade and managing all affairs with the Indians, those not
members of any of the states; provided that the legislative right of any
state, within its own limits, be not infringed or violated -
establishing and regulating post-offices from one state to another,
throughout all the united states, and exacting such postage on the
papers passing through the same, as may be requisite to defray the
expenses of the said office - appointing all officers of the land forces
in the service of the united States, excepting regimental officers -
appointing all the officers of the naval forces, and commissioning all
officers whatever in the service of the united states; making rules for
the government and regulation of the said land and naval forces, and
directing their operations.
The united States, in congress
assembled, shall have authority to appoint a committee, to sit in the
recess of congress, to be denominated, “A Committee of the States,” and
to consist of one delegate from each State; and to appoint such other
committees and civil officers as may be necessary for managing the
general affairs of the united states under their direction - to appoint
one of their number to preside; provided that No person be allowed to
serve in the office of president more than one year in any term of three
years; to ascertain the necessary sums of money to be raised for the
service of the united states, and to appropriate and apply the same for
defraying the public expenses; to borrow money or emit bills on the
credit of the united states, transmitting every half year to the
respective states an account of the sums of money so borrowed or
emitted, - to build and equip a navy - to agree upon the number of land
forces, and to make requisitions from each state for its quota, in
proportion to the number of white inhabitants in such state, which
requisition shall be binding; and thereupon the legislature of each
state shall appoint the regimental officers, raise the men, and clothe,
arm, and equip them, in a soldier-like manner, at the expense of the
united states; and the officers and men so clothed, armed, and equipped,
shall march to the place appointed, and within the time agreed on by
the united states, in congress assembled; but if the united states, in
congress assembled, shall, on consideration of circumstances, judge
proper that any state should not raise men, or should raise a smaller
number than its quota, and that any other state should raise a greater
number of men than the quota thereof, such extra number shall be raised,
officered, clothed, armed, and equipped in the same manner as the quota
of such state, unless the legislature of such state shall judge that
such extra number cannot be safely spared out of the same, in which case
they shall raise, officer, clothe, arm, and equip, as many of such
extra number as they judge can be safely spared. And the officers and
men so clothed, armed, and equipped, shall march to the place appointed,
and within the time agreed on by the united states in congress
assembled.
The united states, in congress assembled, shall never
engage in a war, nor grant letters of marque and reprisal in time of
peace, nor enter into any treaties or alliances, nor coin money, nor
regulate the value thereof nor ascertain the sums and expenses necessary
for the defence and welfare of the united states, or any of them, nor
emit bills, nor borrow money on the credit of the united states, nor
appropriate money, nor agree upon the number of vessels of war to be
built or purchased, or the number of land or sea forces to be raised,
nor appoint a commander in chief of the army or navy, unless nine states
assent to the same, nor shall a question on any other point, except for
adjourning from day to day, be determined, unless by the votes of a
majority of the united states in congress assembled.
The congress
of the united states shall have power to adjourn to any time within the
year, and to any place within the united states, so that no period of
adjournment be for a longer duration than the space of six Months, and
shall publish the Journal of their proceedings monthly, except such
parts thereof relating to treaties, alliances, or military operations,
as in their judgment require secrecy; and the yeas and nays of the
delegates of each State, on any question, shall be entered on the
Journal, when it is desired by any delegate; and the delegates of a
State, or any of them, at his or their request, shall be furnished with a
transcript of the said Journal, except such parts as are above
excepted, to lay before the legislatures of the several states.
Article
X. The committee of the states, or any nine two thirds majority of
them, shall be authorized to execute, in the recess of congress, such of
the powers of congress as the united states, in congress assembled, by
the consent of nine two thirds majority of the states, shall, from time
to time, think expedient to vest them with; provided that no power be
delegated to the said committee, for the exercise of which, by the
articles of confederation, the voice of nine two thirds majority of the
states, in the congress of the united states assembled, is requisite.
Article
XI. Canada acceding to this confederation, and joining in the measures
of the united states, shall be admitted into, and entitled to all the
advantages of this union: but no other colony shall be admitted into the
same, unless such admission be agreed to by nine two thirds majority of
the states. two thirds majority of the resident inhabitants of that state, with no members of any military or civilian authority or any person placed in that territory to affect that election in any way.
Article XII. All bills of credit emitted, monies
borrowed, and debts contracted by or under the authority of congress,
before the assembling of the united states, in pursuance of the present
confederation, shall be deemed and considered as a charge against the
united States, for payment and satisfaction whereof the said united
states and the public faith are hereby solemnly pledged.
Article
XIII. Every State shall abide by the determinations of the united
states, in congress assembled, on all questions which by this
confederation are submitted to them. And the Articles of this
confederation shall be inviolably observed by every state, and the union
shall be perpetual; nor shall any alteration at any time hereafter be
made in any of them, unless such alteration be agreed to in a congress
of the united states, and be afterwards confirmed by the legislatures of
every state.
Article VI. No State, without the Consent of the united States, in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty, with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state; nor shall the united states, in congress assembled, or any of them, grant any title of nobility.