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A.L.A. - 1

"...Governments are instituted among men, deriving their just Powers from the Consent of the Governed,"

- Declaration of Independence


Abundant Life Amendment™  Article – 1
 

The Will Of The People
 

P R E A M B L E
 
All Governmental Power is derived from
and subject to the will of the People for
whose benefit Government is instituted
and who have the right to reform or change

it whenever they deem it necessary.

 

 

James Madison is looked upon as being the author of the Bill of Rights; one of his proposals that was rejected by the framers of the Constitution was - that there is prefixed to the Constitution a declaration that all (governmental) power is derived from the people, for whose benefit government is instituted, and who have the right to reform or change it whenever it is found inadequate to its purposes.
 
While it is inferred that the United States is a Government of the People, by the People, and for the People, there is no language in the text of the Constitution that states that.

I submit to you the following for your review, from John C. Calhoun's, Speech on the Compromise, written in 1850:

"That the (Federal) Government claims, and practically maintains, the right to decide in the last resort as to the extent of its powers, will scarcely be denied by anyone conversant with the political history of the country. That it claims the right to resort to force to maintain whatever power she claims, against all opposition, is equally certain. Indeed it is apparent, from what we daily hear, that this has become the prevailing and fixed opinion of a great majority of the community.
 
Now, I ask what limitations can possibly be placed upon a Government claiming and exercising such rights? And, if none can be, how can the separate governments of the States maintain and protect the powers reserved to them by the Constitution, or the people of the several States maintain those which are reserved to them, and among others, the sovereign powers by which they ordained and established, not only their separate State constitutions and governments, but also the Constitution and Government of the United States? But, if they have no constitutional means of maintaining them against the right claimed by this Government, it necessarily follows that they hold them at its pleasure and discretion, and that all of the powers of the system are in reality concentrated in it. It also follows that the character of Government has changed, in consequence, from a Federal Republic, as it originally came from the hands of its framers, and that it has been changed into a great national consolidated democracy. It has indeed at present, all the characteristics of the latter, and not one of the former, although it still retains its outward form."

James Madison's Speech to Congress - June 8, 1789

“The amendments which have occurred to me, proper to be recommended by congress to the state legislatures are these:

First. That there be prefixed to the constitution a declaration That all power is originally vested in, and consequently derived from the people.

That government is instituted, and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety.

That the people have an indubitable, unalienable, and indefeasible right to reform or change their government, whenever it be found adverse or inadequate to the purposes of its institution.”

Note: Of the original ten Bill of Rights approved - the very last one, is where the power of the People is listed and the people are ranked at the very bottom of the powers of the governments.

Amendment X (10) -“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Also: In the Constitution itself – no power for the people:

Section 1 - “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”


PART - 1 The People, whenever Ten-Percent (10%) of those eligible to vote deem it necessary, have the right to propose Amendments to the Constitution of the United States.

Note: Article V of the Constitution reads, that the Congress, or the States' Legislators, whenever (they) shall deem it necessary, shall have the right to propose amendments. It does not say anything about allowing the People the right to make proposals; and unless a person or group is willing to submit their proposal and spirit to a political party, for its support in passage of it, its future is in doubt.

The following is a warning given by George Washington to our forefathers in his Farewell Address in 1796, concerning the spirit of political parties:

"I have already intimated to you the dangers of parties in the state, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensible view and warn you in the most solemn manner against the baneful effects of the spirit of party generally.
 
This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed; but, in those of the popular form, it is seen in its greatest rankness and is truly their worst enemy.
 
The alternate domination of one faction over another, sharpened by the spirit of revenge natural to the party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purpose of his own elevation on the ruins of public liberty.
 
Without looking forward to an extremity of this kind (which nevertheless ought not be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it."

PART – 2 Under all United States Laws: Federal Constitutional, Federal Laws, State(s) Constitutional, State(s) Laws and Local Laws, the use of the word “People”, (or its equivalent) shall be understood and applied as meaning Lawful Citizen(s) of the United States as they apply to “Rights Under The Law(s)”.

PART - 3 For the purpose of the percentages of PART - 1 of this Article, the basis of the eligible voters will be based upon the number of votes cast for the office of President in the most recent Presidential election; and not based upon voter registration. EXAMPLE: The 2008 Election had a total of 131,257,328 votes cast for the office of President – 10% would be 13,125,733.

PART - 4 The proposals and supporting petitions will be submitted to the Supreme Court of the United States for verification as to the number of signatures obtained and random verification of the validity of the signatures.

"The People made the Constitution, and the people can unmake it. It is the creature of their will, and lives only by their will." John Marshall, 1821- Cohens V. Virginia

PART - 5 Within 30 days of receiving a proposal and applicable number of verified supporting signatures, the Supreme Court will submit to both Houses of Congress the proposed Amendment on behalf of the People.

PART - 6 Within 30 days of receiving a proposed Amendment, the members of both Houses of Congress will by secret ballot cast their votes for or against the Amendment. All ballots will be the same in appearance, with only the making of a X, or check mark, needed for the casting of a vote. The total number of ballots cast by each House for or against the proposal will not be individually tabulated within each House; the ballots will be returned to the Supreme Court, where upon receipt, they will be mixed together prior to tabulation. The Supreme Court will conduct the tabulation within 72 hours of receipt of both sets of ballots and will publish its findings. No other type of vote before or after the true vote (the secret ballot) is allowed.

PART - 7 Within 30 days of the tabulation of the Congressional ballots, the proposal will be submitted by the Supreme Court, on behalf of the People, to the States' Legislators (through their respective Supreme Courts) for their votes, following the procedure as outlined in PARTS 5 & 6 of this Article. All ballots will remain secret until they have been returned to the U.S. Supreme Court for mixing together prior to tabulation.

PART - 8 Within 72 hours of receiving the last of the Legislator's ballots, the Supreme Court will tabulate the ballots and will tabulate the total number of ballots cast by both the Congress and the States' Legislators for or against the proposal. If the proposed Amendment has not been defeated by a clear Two-Thirds majority vote, based upon the joint tabulation, within not more than 120 days of the joint tabulation, the proposal will be presented to the People in the form of a Public Referendum, with the majority vote of the People voting, for or against the proposal being the deciding factor.

PART - 9 If the proposed Amendment meets with approval of the People by a majority vote (unless otherwise stated in the language of the proposal) on the First Day of the First Month following acceptance, the language of the Amendment will become Law.

PART - 10 Any proposal having been defeated by a Two-Thirds majority vote, based upon the joint tabulation of the votes of both the Congress and the States' Legislators, or having been defeated by a majority vote of the People, will not be eligible for consideration again unless Twenty-Percent of the eligible voters, or an amount Twice that of the original petitioners, if the original petitioners were greater than Ten-Percent of the eligible voters, repetition in the manner as outlined in this Article.

PART -11 Any proposal successfully re-petitioned will not be subject to the Two-Thirds veto power of PART 8, but will proceed to the People following the applicable language of this Article. The second vote by the Congress and the States' Legislators will be looked upon as expressions of personal judgments only.

PART – 12 Upon acceptance of this Article as an Amendment to the Constitution, the language of Article V pertaining to the rights of the Congress and/or the States' Legislators, to propose and make Amendments to the Constitution is repealed; and the process of this Article is recognized as the only process of amending the Constitution of the United States.

 “Some times it is said that man cannot betrusted with the government of himself. Can he, then, be trusted with the government of others? Or have we found angles in the form of *kings* to govern him? Let history answer this question.”

From Thomas Jefferson’s 1st Inaugural Address, 1801

*Presidents, Senators, Congressmen, Governors* 

Note: Currently many major issues are being debated in our country. The outcome of most will affect the daily lives of all. This proposal will allow the People an opportunity to participate in determining the outcome of major issues, instead of only being subjected to the will of those in Government, whose actions are often influenced by special interest groups, whose feelings may not be the same as that of the general public.

The Righteousness of Government is to administrate the will of the People; but if the actions and policies of Government are not subjugated to the will of the People, then the People are no more than living in subjection to the will of those in Government.

While
America's Democratic form of Government is laudable, true Government of the People, by the People and for the People, can only work at it's best when all three elements of Government: Local, State, and Federal, are directly subject to the will of the people. The provisions of this Article recognize that it was the People that created their Local and State Governments and that it was the People working through their State Governments that created the Federal Government; and in this proposal, the power and the will of the creators (the People) is recognized in its rightful roll, as Supreme, to the power and the will of the creations - the Governments.

The reason for the secret ballots on the part of the elected officials is to remove as much as possible the pressure placed upon them by the political parties and special interest groups.

"The very essence of a free government consists in considering offices as public trust, bestowed for the good of the country, and not for the benefit of an individual or party." - John C. Calhoun

PART – 13 To ensure the success of their responsibilities, the Supreme Court will have the authority to establish guidelines and/or procedures, not already provided for them in the language of this Article, or in the Application Guidance Section, but in no way will their guidelines, or procedures take away from that which has already been provided.

PART – 14 Any proposed Amendment to the Constitution will be treated as a stand-alone proposal and will not in anyway be attached to, or attached by any other proposal(s) or riders at either the Federal or State(s) level.

PART – 15 No part of the Constitution shall be considered Carved in Stone and unchangeable – except, the Right of the People to Amend it will be impervious to change.

PART – 16 Offshore Territories and/or Protectorates of the United States are Equal in all rights and/or benefit(s) of any Abundant Life Amendment where applicable, or may reject any/or all rights or benefits where applicable under existing Sovereign Rights of Law.

PART - 17 The Congress will provide the Supreme Court with appropriate funding to ensure the success of their responsibilities as outlined in this Article and the Application Guidance Section.

PART – 18 The language of this Article shall be deemed superior to any powers and laws of the federal government; laws or rights of the states, or parts of the Constitution where it may be in conflict.

PART - 19 The Congress shall have power to enforce by appropriate legislation the provisions of this Article.

PART - 20 The Title of this Amendment will be known as: Abundant Life Amendment - Article One.

PART - 21 The languages of the Preamble, this Article, and Application Guidance Section, can only be amended by a majority vote of the People via a Public Referendum.

"This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing Government, they can exercise their constitutional right of amending it or their revolutionary right to dismember or overthrow it. I cannot be ignorant of the fact that many worthy and patriotic citizens are desirous of having the National Constitution amended. While I make no recommendations of amendments, I fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself; and I should, under existing circumstances, favor rather than oppose a fair opportunity being afforded the people to act upon it.”
From Abraham Lincoln's First Inaugural Address -1861

 

APPLICATION GUIDANCE SECTION 

SECTION - 1 The following manner will be used in conducting the random verification of signatures per PART 4. One-Percent of the People from each County (or it's equivalent) in each State, that have signed a petition, will be selected at random by the Supreme Court and notified via the U.S. Postal Service, that they are being requested to verify that they did in a fact sign a petition. The following notice will be mailed to the petitioner:

Dear Sir/Madam; your signature appears on a petition favoring the following proposed Amendment to the Constitution of the United States. Please return to the Supreme Court of the United States, within 10 days of your receipt of this notice, the enclosed Signature Card (only) in the accompanying self-addressed, stamped envelope. Failure to willfully return this card may result in you receiving a fine of up to $1,000 and/or 30 days in jail.

"Language of the Proposal"

Language of the Signature Card - Front Side

Seals of the United States and the Supreme Court

United States Supreme Court Proposed

 

Constitutional Amendment Signature Card

I, a Citizen of the United States, at least 18 years of age and an eligible voter, reaffirm that my signature favorably appears on a petition supporting the Constitutional Amendment Proposal:

Title of the Proposal

NAME (Please print)__________________________
ADDRESS__________________________________
CITY______________________________________
COUNTY___________________________________

STATE_____________________________________
ZIP CODE__________________________________
PHONE NUMBER_____________________________
SOCIAL SECURITY #__________________________


IMPORTANT!
Please read the other side of this card before signing.

SIGNATURE_________________________________
DATE______________________________________
­­

Language of the Signature Card - Back Side

If you name or address has changed since you originally signed a petition, complete all information requested on this Signature Card using your old name and/or address as it appeared on the petition. Include a separate letter when returning this Card showing your new (or current) name and/or address, and signature. If you did not sign a petition, and you believe your name falsely appears on one, complete all information requested on the other side of this Card and any new name or address (except the Signature) and sign on the line provided below. Include a separate letter of explanation when returning this Card if any information is known to you as to how, or by whom, your signature may have been falsified.

I, ( Signature ) did not sign a petition supporting the proposed Constitutional Amendment listed on the other side of this Signature Card.

ABUNDANT LIFE AMENDMENT - ARTICLE 1 APPLICATION GUIDANCE SECTION - SECTION 3 Any person found guilty of knowingly submitting their signature more than once for an individual proposal, or falsifying signatures, or knowingly submitting false signatures on either a Proposed Constitutional Amendment Petition, or on a Supreme Court's Proposed Constitutional Amendment Signature Card, will be subject to a fine of not less than $10,000 and/or imprisoned for not less than 1 year or more than 5 years. Only a Lawful Citizen of the United States may sign a Constitutional Amendment Petition or a Signature card; non US Citizens are prohibited from partaking in anyway in a Petition Drive or supporting in anyway a Partition Drive, or disrupting in anyway a Petition Drive, when discovered they will be deported without appeal.

SECTION – 2 Should more than 10% of the Signature Cards returned indicate false signatures on the petitions, or 10% fail to be returned, the Supreme Court will be granted an additional 60 days before submitting the proposal to the Houses of Congress, and will again randomly select another One-Percent for Signature verification. Should more than 10% of the second set of Signature Cards also indicate false signatures, or also fail to return, the Supreme Court will reject all of the signed petitions and the proposal will require a totally new petition drive. If the combined false and non-returned equal 15% or more (example – if 6% were false and 9 % were non-returned) it also will require a totally new petition drive subject to the number of signatures needed for, or obtained, in its original effort.

SECTION - 3 The following will appear on the back side of the Signature Card and on all Petitions: Any person found guilty of knowingly submitting their signature more than once for an individual proposal, or falsifying signatures, or knowingly submitting false signatures on either a Proposed Constitutional Amendment Petition, or on a Supreme Court's Proposed Constitutional Amendment Signature Card, will be subject to a fine of not less than $10,000 and/or imprisoned for not less than 1 year or more than 5 years. Only a Lawful Citizen of the United States may sign a Constitutional Amendment Petition or a Signature card; non US Citizens are prohibited from partaking in anyway in a Petition Drive or supporting in anyway a Petition Drive, or disrupting in anyway a Petition Drive, when discovered they will be deported without appeal.

SECTION – 4 All personal information contained on the Petitions or Signature Cards will remain confidential. Any person, or parties, accepting the responsibility of receiving or reviewing them will hold all personal information contained therein in strict confidence. At no time will such information be used to create any type of listing for use by them or any other – including Political Parties, Governmental Agencies or Officials. Persons found guilty of violating the confidentiality clause of this SECTION by creating listings, possessing, or using the personal information, will be subject to a fine of not less than $50,000 and/or imprisoned for up to 6 years. Any Petitions or Signature Cards reported or suspected as fraudulent will be turned over to the FBI for review and appropriate legal action.

SECTION – 5 The Supreme Court will - through an open to all internal US based Firm, by sealed bids - employ an independent Firm to handle the receiving of the petitions, the compiling of facts, the mailing of Signature Cards, and receiving the return of the Cards. In general, the Firm will handle all activities relating to Public contact; subject to supervision of the Supreme Court. The contract period bid for will be for a 6 year period. The successful bidding Firm must prove it's capability before acceptance of it's bid. It will be the responsibility of the Firm to make available to the Public and the Supreme Court, on a Monthly basis: The language of any proposed Amendment(s), the number of signatures having been submitted for each proposal, and any other pertinent information. The Firm will publish and make this information available to the Public with no more than a cost recovery fee being charged. When the acceptable amount of Ten-Percent of eligible voter signatures has been recorded for a proposal, the applicable language of this Article will apply. In order for a proposal to be accepted by the Firm for recording in this process, it must be accompanied by an initial 1 Million supporting signatures. Any information published by the Firm will be considered Public Information and may be reproduced without a fee by others, except in the case of material specifically noted as copyrighted, or otherwise restricted by means not controled by the Firm. No data will be accepted, tabulated, or published by the Firm that would seek to identify by specific information: Political or other Group Membership, Religious Affiliation, Nationality or Race, Sex, Sexual Orientation, or Age. Note: This does not mean that a group or party can not support a proposal, only that their identifying Logo or name, or other identifying mark may not appear on any signature petition form; and that the Firm can not record or publish any forms that contain any of the above. Example: The form could not say on it - that the proposal is sponsored by or supported by the - Green Street Alliance Party.

SECTION – 6 To simplify and expedite the process of receiving petitions and the handling of the Signature Cards, the Firm will employ state-of-the-art computer mailing technology. For security reasons, this system will be an entirely in-house system wholly dedicated to this process, and not on-line with, or accessible by any other computers, or on-line with any apparatus not dedicated to this process. In-house, includes printing and mailing services; note: the Firm may not outsource any of its activities. Sheet petitions will only be accepted if computer compatible. All petitions will include the following: Printed Name, Address, City, County, State, Zip Code, Phone Number, Social Security Number, Signature of the Petitioner, and the applicable language of SECTION 3 of this Article's Application Guidance Section. The Firm will make available to the Public at a cost recovery fee charge only, the materials needed to fit their process. Others will have the right to reproduce this material with no fees being paid to the Firm for its usage, except for material subject to patents or other restricted usage's not controlled by the Firm or an affiliate. Any profits realized by the Firm above any cost recovery fees will be deducted from the amount of the initial contract award.

SECTION – 7 Any proposal having been accepted and recorded with the Firm and not having received the applicable number of supporting signatures (Ten-Percent of the eligible voters) within 12 Months, will be considered void and will be removed by the Firm from its recording process. The proposal may be resubmitted, but must be accompanied by at least two (2) times the amount of the less than Ten-Percent of supporting signatures that it had at the time it was ruled void. Any proposal having been ruled void will not be resubmitted under the cloak of another title for the purpose of avoiding the Twice amount percentages stated in this SECTION. It may be resubmitted subject to the 1 Million supporting signatures as outlined in SECTION 5 provided it is significantly different in language or scope. The Supreme Court will determine the reality of the significant difference before acceptance of the proposal at the 1 Million level. The Firm will retain all original Petitions and Signature Cards for a period of 24 Months from date of receiving.

SECTION – 8 All records of the Firm's activities relating to the language of this Article will be open to Public Review. Also, an annual published record of expenses will be produced. The Supreme Court will establish realistic review procedures for the conducting of any Reviews. Any person making a review of Petitions, or Signature Cards, will be subject to the confidentiality language of SECTION 4.

SECTION – 9 The Judicial of the Supreme Court will each have the right to appoint a Law Clerk, or Judicial Clerk, under their supervision, to oversee on their behalf their responsible areas of this Amendment - subject to Judicial agreement of the findings, with the Judicial voice being the voice of the findings.

"I know no safer depository of the ultimate powers
of the society but the people themselves."
Thomas Jefferson - 1820

 

If after reviewing this proposal you favor it - please petition your elected State and Federal Officials and let them know of your support of it and of your desire to have it become part of the Constitution.

 

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