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«BEHOLD A PALE HORSE Milton William Cooper And I looked, and behold a pale horse: and his name that sat upon him was Death, and Hell followed with him. And ...»

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SECTION 5. The Principal Justice shall have a term of eleven years; but if at any time the incumbent resign or be disabled from continuing in office, as may be determined by the Senate, replacement shall be by the senior member of the Judicial Council until a new selection be made.

After six years the Assembly may provide, by a two-thirds vote, for discontinuance in office, and a successor shall then be chosen.

SECTION 6. The Principal Justice may suspend members of any court for incapacity or violation of rules; and the separation shall be final if a majority of the Council agree.

For each court the Principal Justice shall, from time to time, appoint a member who shall preside.

SECTION 7. A presiding judge may decide, with the concurrence of the senior judge, that there may be pretrial proceedings, that criminal trials shall be conducted by either investigatory or adversary proceedings, and whether there shall be a jury and what the number of jurors shall be; but investigatory proceedings shall require a bench of three.

SECTION 8. In deciding on the concordance of statutes with the Constitution, the Supreme Court shall return to the House of Representatives such as it cannot construe.

If the House fail to make return within nine t y days the Court may interpret.

SECTION 9. The Principal Justice, or the President, may grant pardons or reprieves.

SECTION 10. The High Courts shall have thirteen members; but nine members, chosen by their senior justices from time to time, shall constitute a court. The justices on leave shall be subject to recall.

Other courts shall have nine members; but seven, chosen by their senior, shall constitute a court.

All shall be in continuous session except for recesses approved by the Principal Justice.

SECTION 11. The Principal Justice, with the Council, may advise the Senate, when requested, concerning the appropriateness of measures approved by the House of Representatives; and may also advise the President, when requested, on matters he may refer for consultation.

SECTION 12. It shall be for other branches to accept and to enforce judicial decrees.

SECTION 13. The High Court of Appeals may select applications for further consideration by the Supreme Court of decisions reached by other courts, including those of the Newstates. If it agree that there be a constitutional issue it may make preliminary judgment to be reviewed without hearing, and finally, by the Supreme Court.

SECTION 14. The Supreme Court may decide:

a. Whether, in litigation coming to it on appeal, constitutional provisions have been violated or standards have not been met.

b. On the application of constitutional provisions to suits involving the Newstates.

c. Whether international law, as recognized in treaties. United Nations aggreements, or arrangements with other nations, has been ignored or violated.

d. Other causes involving the interpretation of constitutional provisions; except that in holding any branch to have exceeded its powers the decision shall be suspended until the Judicial Court shall have determined whether, in order to avoid confrontation, procedures for amendment of the Constitution are appropriate.

If amendatory proceedings are instituted, decision shall await the outcome.

SECTION 15. The Courts of the Newstates shall have i n i t i a l jurisdiction in cases arising under their 264 • BEHOLD A PALE HORSE William Cooper

–  –  –

SECTION 1. Qualifications for participation in democratic procedures as a citizen, and eligibility for office, shall be subject to repeated study and redefinition; but any change in qualification or eligibility shall become effective only if not disapproved by the Congress.

For this purpose a permanent Citizenship and Qualifications Commission shall be constituted, four members to be appointed by the President, three by the Convener of the Senate, three by the Speaker of the House, and three by the Principal Justice. Vacancies shall be filled as they occur. The members shall choose a chairman; they shall have suitable assistants and accommodations; and they may have other occupations. Recommendations of the commission shall be presented to the President and shall be transmitted to the House of Representatives with comments. They shall have a preferred place on the calendar and, of approved, shall be in effect.

SECTION 2. Areas necessary for the uses of government may be accquired at its valuation and may be maintained as the public interest may require.

Such areas shall have self-government in matters of local concern.

SECTION 3. The President may negotiate for the acquisition of areas outside the Newstates of America, and, if the Senate approve, may provide for their organization as Possessions or Territories SECTION 4.

The President may make agreements with other organized peoples for a relation other than full membership in the Newstates of America. They may become citizens and may participate in the selection of officials. They may receive assistance for their development or from the National Sharing Fund if they conform to its requirements; and they may serve in civilian or military services, but only as volunteers. They shall be represented in the House of Representatices by members elected at large, their number proportional to their constituencies; but each shall have at least one; and each shall in "the same way choose one permanent member of the Senate.

SECTION 5. The President, the Vice - Presidents, and members of the legislative houses shall in all cases except treason, felony, and breach of the peace be exempt from penalty for anything they may say while pursuing public duties; but the Judicial Council may make restraining rules.

SECTION 6. Except as otherwise provided by this Constitution, each legislative house shall establish its requirement for membership and may make rules for the conduct of members, including conflicts of interest, providing its own disciplines for their infraction.

SECTION 7. No Newstate shall interfere with officials of the Newstates of America in the performance of their duties, and all shall give full faith and credit to the Acts of other Newstates and of the Newstates of America.

SECTION 8. Public funds shall be expended only as authorized in this Constitution.


Governmental Arrangements SECTION 1. Offices of the Newstates of America shall be those named in this Constitution, including those of the legislative houses and others authorized by law to be appointed; they shall be compensated, and none may have other paid occupation unless they be excepted by law; none shall occupy more than one position in government; and no gift or favor shall be accepted if in any way related to official duty.

No income from former employments or associations shall continue for their benefits; but their properties may be put in trust and managed without their intervention during continuance in office.

Hardships under this rule may be considered by the Court of Rights and Duties, and exceptions may be made with due regard to the general intention.

SECTION 2. The President, the Vice-Presidents, and the Principal Justice shall have households appropriate to their duties.

The President, the Vice-Presidents, the Principal Justice, the Chairman of the Planning Board, the Regulator, the Watchkeeper, and the Overseer shall have salaries fixed by law and continued for life; but if they become members of the Senate, they shall have senatorial compensation and shall conform to senatorial requirements.

Justices of the High Courts shall have no term; and their salaries shall be two-thirds that of the Principal Justice; they and members of the Judicial Council, unless they shall have become Senators, shall be permanent members of the Judiciary and shall be available for assignment by the Principal Justice.

Chapter l4 Proposed Constitutional Model: Newstates of America • 265

Salaries for members of the Senate shall be the same as for Justices of the High Court of Appeals.

SECTION 3. Unless otherwise provided herein, officials designated by the head of a branch as sharers in policymaking may be appointed by him with the President's concurrence and unless the Senate shall object.

SECTION 4. There shall be administrators:

a. for executive offices and official households, appointed by authority of the President;

b. for the national courts, appointed by the Principal Justice;

c. for the Legislative Branch, selected by a committee of members from each house (chosen by the Convener and the Speaker), three from the House of Representatices and four from the Senate.

Appropriations shall be made to them; but those for the Presidency shall not be reduced during his term unless with his consent; and those for the Judicial Branch shall not be reduced during five years succeding their determination, unless with the consent of the Principal Justice.

SECTION 5. The fiscal year shall be the same as the calendar year, with new appropriations available at its beginning.

SECTION 6. There shall be an Officials' Protective Service to guard the President, the VicePresidents, the Principal Justice, and other officials whose safety may be at hazard; and there shall be a Protector appointed by and responsible to a standing committee of the Senate.

Protected officials shall be guided by procedures approved by the committee.

The service, at the request of the Political Overseer, may extend its protection to candidates for office; or to other officials, if the committee so decide.

SECTION 7. A suitable contingency fund shall be made available to the President for purposes defined by law.

SECTION 8. The Senate shall try officers of government other than legislators when such officers are impeached by a two-thirds vote of the House of Representatives for conduct prejudicial to the public interest.

If Presidents or Vice-Presidents are to be tried, the Senate, as constituted, shall conduct the trial. Judgments shall not extend beyond removal from office and disqualification for holding further office; but the convicted official shall be liable to further prosecution.

SECTION 9. Members of legislative houses may be impeached by the Judicial Council; but for trials it shall be enlarged to seventeen by Justices of the High Courts appointed by the Principal Justice.

If convicted, members shall be expelled and be ineligible for future public office; and they shall also be liable for trial as citizens.


Amendment SECTION 1. It being the special duty of the Judicial Council to formulate and suggest amendments to this Constitution, it shall, from time to time, make proposals, through the Principal Justice, to the Senate. The Senate, if it approve, and if the President agree, shall instruct the Overseer to arrange at the next national election for submission of the amendment to the electorate. If not disapproved by a majority, it shall become part of this Constitution. If rejected, it may be restudied and a new proposal submitted.

It shall be the purpose of the amending procedure to correct deficiencies in the Constitution, to extend it when new responsibilities require, and to make government responsible to needs of the people, making use of advances in managerial competence and establishing security and stability; also to preclude changes in the Constitution resulting from interpretation.

SECTION 2. When this Constitution shall have been in effect for twenty-five years the Overseer shall ask, by referendum whether a new Constitution shall be prepared.

If a majority so decide, the Council, making use of such advice as may be available, and consulting those who have made complaint, shall prepare a new draft for submission at the next election. If not disapproved by a majority it shall be in effect. If disapproved it shall be redrafted and resubmitted with such changes as may be then appropriate to the circumstances, and it shall be submitted to the voters at the following election.

If not disapproved by a majority it shall be in effect. If disapproved it shall be restudied and resubmitted.

–  –  –

SECTION 2. Such members of the Senate as may be at once available shall convene and, if at least half, shall constitute sufficient membership while others are being added.

They shall appoint an Overseer to arrange for electoral organization and elections for the offices of government; but the President and Vice-Presidents shall serve out their terms and then become members of the Senate. At that time the presidency shall be constituted as provided in this Constitution.

SECTION 3. Until each indicated change in the government shall have been completed the provisions of the existing Constitution and the organs of government shall be in effect.

SECTION 4. All operations of the national government shall cease as they are replaced by those authorized under this Constitution.

The President shall determine when replacement is complete.

The President shall cause to be constituted an appropriate commission to designate existing laws inconsistent with this Constitution, and they shall be void; also the commission shall assist the President and the legislative houses in the formulating of such laws as may be consistent with the Constitution and necessary to its implementation.

SECTION 5. For establishing Newstates' boundaries a commission of thirteen, appointed by the President, shall make recommendations within one year.

For this purpose the members may take advice and commission studies concerning resources, population, transportation, communication, economic and social arrangements, and such other conditions as may be significant. The President shall transmit the commission's report to the Senate. After entertaining, if convenient, petitions for revision, the Senate shall report whether the recommendations are satisfactory but the President shall decide whether they shall be accepted or shall be returned for revision.

Existing states shall not be divided unless metropolitan areas extending over more than one state are to be included in one Newstate, or unless other compelling circumstances exist; and each Newstate shall possess harmonious regional characteristics.

The Commission shall continue while the Newstates make adjustments among themselves and shall have jurisdiction in disputes arising among them.

SECTION 6. Constitutions of the Newstates shall be established as arranged by the Judicial Council and the Principal Justice.

These procedures shall be as follows: Constitutions shall be drafted by the highest courts of the Newstates. There shall then be a convention of one hundred delegates chosen in special elections in a procedure approved by the Overseer. If the Constitution be not rejected, the Principal Justice, advised by the Judicial Council, shall promulgate a Constitution and initiate revisions to be submitted for approval at a time he shall appoint. If it again be rejected he shall promulgate another, taking account of objections, and it shall be in effect. A Constitution, once in effect, shall be valid for twenty-five years as herein provided.

SECTION 7. Until Governors and legislatures of the Newstates are seated, their governments shall continue, except that the President may appoint temporary Governors to act as executives until succeeded by those regularly elected.

These Governors shall succeed to the executive functions of the states as they become one of the Newstates of America.

SECTION 8. The indicated appointments, elections, and other arrangements shall be made with all deliberate speed.

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