Jury nullification instructions, constitutional republic, state militia, no Lobbyists, no eminent domain, one bill per legislator per year, voting by internet, public school curriculum written by county, trial by jury for everything, no unfunded mandates, taxes spent locally first, zero corporate taxes, federal law enforcement restricted.
Reposted from http://www.soj51.net
Policy Statement for the State of Jefferson
Liberty first, liberty last, liberty always! Without Liberty, nothing else matters. Without Liberty, you will not be allowed to keep the money. Without Liberty, you will not be allowed to use your property. Without Liberty, you may not be allowed to keep the property. There are aspects of our lives, our property, our business, our culture, in which government has no place. The Constitutional Convention, for Jefferson, will put in place a government which will be strictly limited in scope, size, and power. The Constitution will adhere to the founding principles of this nation. The Jefferson Constitution will bind government, not the people. “We were endowed by our creator with certain inalienable rights; among those are Life, Liberty, and the pursuit of happiness.” Government has only one purpose which is to secure the rights of the governed. John Locke called these rights the Natural Rights of Life, Liberty and Property. Samuel Adams added to Locke, with the statement, “Life, Liberty, and Property together with the means to defend those as best we can.” There will be no eminent domain in Jefferson. People create government to secure the Liberties they hold most dear. Government is our creation and will never be our master. A balanced budget will be a Constitutional mandate. Debt will be limited to dire emergency as defined by 2/3 vote of the legislature, and a majority popular vote. Debt will be limited by Constitution to a term of five years. Unfunded liabilities will be Unconstitutional. Eminent Domain will be Unconstitutional. Jefferson will endeavor and participate in all efforts to regain control over all state lands from Federal management. Jefferson will join efforts headed by the American Lands Council to this end.
Constitution and Government:
The Jefferson Constitution will outline the structure for our new state. Our goal is a state with equal representation for each county in the State Senate. Our Assembly will consist of representation at a ratio of one Assemblyman for each twenty thousand citizens, or less, based upon the State Constitutional Convention. Each and every county, no matter how sparsely populated, will have a minimum of one Legislator in the State Assembly, and will have equal representation in our Senate. Lobbyist will be illegal.
The Jefferson Legislature will meet for 90 days per year. Odd years will be spent creating a two year budget. Jefferson’s budget will be zero sums. In other words, each department or agency will have to justify its budget in its entirety for each budget cycle. Even years will be spent on legislative matters. Each Legislator will only be allowed to introduce one bill per legislative cycle. The Constitution will mandate a periodic review to eliminate superfluous or arbitrary laws or regulations. Bills, by law, must be placed on the Jefferson Legislative website, a minimum of 30 days prior to the vote in the legislature. No amendments will be allowed once the bill has been posted to the website. Each legislator will maintain a website where constituents can “vote” yes, or no, for each legislative bill during the public posting time. The results of those votes shall be archived on the legislator’s website.
Jefferson will be led by the Governor. The Governor will be the chief executive of Jefferson and as such, will oversee executive offices and their officials. The Governor will act on behalf of Jefferson in matters of state. The Secretary of State will also act as Lt Governor in the event of absence or incapacity of the Governor. The Secretary of State will be an elected office. The Secretary of State will, oversee elections, articles of incorporation and related affairs. The Secretary of State will also have the duty to vote in the Jefferson Senate in the event of a tie vote.
The Jefferson Supreme Court will be comprised of 7 Justices. These will be elected officers, elected by district, who serve during good behavior for a period of ten years. State Appellate court Judges will be elected officers who will serve during good behavior for a period of four years. Appellate and Supreme Court Judges will be elected by district as apportioned by the Constitutional Convention.
Superior Court Judges will be elected for a period of four years, by each county. A system of Justices of the Peace will adjudicate misdemeanors in each county as well as other duties. Family law and other minor court officers will be selected in a manner approved by each county. Binding arbitration may be conducted by attorneys provided the involved parties are in agreement and sign contracts agreeing to that manner of adjudication.
A trial by jury is an inviolate, inalienable right. Any matter of civil or criminal law with consequences of more than one hundred dollars is to be adjudicated by a jury of the defendant’s peers within the county in which the act took place. State appellate courts will operate by circuit. Appellate Courts will try state responsibility cases in the county in which the act took place, using county residents as a jury pool.
Jury nullification is an inalienable right. Juries shall be instructed appropriately.
Courts and court security will be funded by the state. County Jails are the responsibility of the respective county. Appellate and Supreme Court Opinions can be subject to Executive and Legislative review if so requested within a period of one year following the opinion. Opinions can be reversed if so voted by the legislature and approved by the Executive.
Judicial opinions or rulings are and by Constitution must be limited to the issues at fact, which are being raised by the parties to the action. As a final act to strengthen the rights of the people, the Judicial will recognize the right and fact of Pro Se litigants. Jefferson State will not require its Judges to be lawyers. The right of the people to act in their own defense is an inalienable right and will be respected in the courts of Jefferson as will the right of the jury to nullify.
Taxes and Revenue:
Our system of revenue collection will be unique and will provide checks upon the power of the state and federal government. Our Constitution will codify a system where Counties collect taxes, after which they pass to the state that portion of the dollar which fulfills that counties responsibility for the State operating budget. The State will never be in a position to hold a county hostage with its own money. Unfunded mandates will be unconstitutional. Local decisions requiring local revenue will be made locally. The State will provide input and advice if requested by the county. There will be no state sponsored welfare programs. Welfare will be handled by church groups and community service organizations. Utah has a very successful private welfare organization. We will work toward that end. Federal dollars will be assigned to successful and efficient community, or county organizations to help the needy. Federal dollars, behavioral health dollars will be portioned to community hospitals or County Health organizations. Again, local decisions made locally.
Federal income taxes will be sent to a pass through account held by the state for transmittal to the Federal Government conditioned upon its adherence to Article 1, Section 8 of the United States Constitution. We will make every conceivable effort to create a state of affairs through which the Federal Government will not be able to use Jefferson’s money to coerce compliant behavior. Federal monies coming to the states will be apportioned to the counties. One example is Federal Highway money. This revenue is used to fund Cal-Trans. We will give the money to the Counties and the State will only supply engineering advice to maintain State Responsibility roads.
The Financial Model for our new state is on our website, http://www.soj51.net . The model is open. The user can alter tax rates to see what the impacts would be for different counties and different tax rates.
Jefferson will have a zero corporate tax rate designed to encourage innovation and business growth. Jefferson hopes to entice many, if not all of the thousands of businesses which leave California each and every year to relocate to Jefferson.
Our financial model was constructed with the latest budget figures available from California. These figures were not constructed by the Jefferson Committee. They are budget figures used by the State of California.
Agencies, Regulations, and Licensing:
Jefferson intends to dramatically reduce the number and jurisdiction of Executive branch agencies. The various offices of Jefferson will facilitate the dispersal of appropriate federal money to the respective counties, act as advisers, as lead agency during mult-icounty events, and act as arbitrators when counties cannot agree upon actions which affect multiple counties.
In order to facilitate the organization of Jefferson, all valid licenses will be automatically renewed for a period of two years. This will give the State time to establish infrastructure and to determine which licenses will be required, (far fewer than California), and how to ensure continuing education where it is necessary for the health and safety of the public who choose to use those licensed services.
State agencies and their intrusion into the lives of Jeffersonians will be greatly reduced. We do not need, or want, government by staff or agency. Jefferson will have representative government, through Constitutional Republic. The offices of the executive branch will be responsible to the people whom they are supposed to serve. Government malfeasance will be a crime. Breach of the oath of office will be a crime. Abuse of power will be a crime. Any and all alleged infractions resulting, will be the jurisdiction of the County Sheriff for the county affected and the local jurisdiction of the District Attorney and local courts. This will help to ensure that the state will not have unwelcome intrusion into the affairs of any given county, or its citizens. The above applies to all state agencies, offices, and officials.
Examples of State Executive Offices:
Cal Trans will be replaced with the Office of State Engineer. That office will be responsible to provide expertise to counties when it is requested for infrastructure projects, materials acquisition, and related projects. State infrastructure projects will be overseen by this office and work will be contracted locally to the county in which the project is constructed. Federal Highway monies will be distributed to counties for maintenance or construction of State responsibility roads and infrastructure. The State Engineer is also responsible for facilitating, mining, appropriative water rights, and other areas of production of vital importance for the success of the economy of Jefferson.
The State office of Agriculture will be responsible for facilitating and enhancing the production and marketing of Jefferson’s vast agricultural and forestry resources. The Office of Ag will be responsible for agriculture, fish, game and forestry. The Office of Agriculture will lend advice, and resources to a county, if requested. The office of Agriculture will be the lead agency in the event of agricultural emergency, pest invasion, crop blight or event that affects multiple counties.
Office of Education will be responsible to advise and to aid counties, when requested, to obtain materials, supplies, and expertise to construct and to facilitate curriculum which is designed to either aid in entrance to the university system or to provide technical education necessary to the skills, and economic success of the student. County government will largely determine the subject matter of local schools with the input of local citizens. Universities and Community Colleges will flourish as private entities. State expertise will be available upon request. Technical Colleges will also be encouraged as valuable resources to our state and its citizens. Peace Officer Standard Training, facilitated through the Jefferson Department of Justice will have curriculum approved by DOJ but conducted by the University system.
Office of Constitutional Review will be led by the Secretary of Constitutional Review. This is an elected position. There will be no violations, nor any Judicial, legislative, statutory, or regulatory infringement of the rights to self-defense, property, privacy, trial by jury, or any violations of the Declaration of Rights. Jefferson represents personal liberty for all of its citizens. The primary duty of the Secretary of Constitutional Compliance will be to ensure that statutory, judicial, legislative and regulatory processes do not interfere with the inalienable rights of Jefferson.
The Secretary will be responsible to review each and every piece of legislation, regulation, law, and statute prior to its internet posting for public review. This review is designed to ensure that all produce of the government of Jefferson is constitutional and will not infringe upon, nor alter the intent or function of the Jefferson Constitution or the rights of the Citizens as outlined in Article One, the Declaration of Rights. The Office of Constitutional Compliance will be responsible to see that any office or entity, tasked to implement any program, project, or legislation, acts with fiduciary caution, its employees have the proper training, and implementation is fair and balanced. Any act which fails to pass constitutional muster is null and void. Such acts will be sent back to the author for alteration , revision or scrapped altogether. Primary jurisdiction for any judicial appeal to review decisions will be to the Jefferson Supreme Court.
Jefferson Department of Justice will be responsible for multi-county law enforcement operations. County Sheriff’s Departments will each contribute Deputies for temporary duty to Jefferson DOJ. During their time with state service these Deputies can be trained in accident investigation, coroner investigations, forensics and other duties for which counties may lack training resources. JDOJ will oversee the POST academy standards for the university systems of Jefferson. Police Academy training will be conducted by the Community College or University System. JDOJ will be overseen by the States Attorney General. The States Attorney General is an elected officer and will also be the States Solicitor General to the United States Supreme Court. County Sheriffs will be the highest law enforcement officer within Jefferson. Sheriff’s Department will provide all law enforcement for Jefferson, with the exception of incorporated city police forces, by vote of elected city councils. There will be no armed law enforcement in the State of Jefferson except that of the County Sheriff’s. Federal law enforcement will not be allowed to operate in any given county except by one time MOU during emergencies, natural disaster, or time of war and only by consent of the County Sheriff involved. MOU’s, during such emergencies, must be renewed every six months. Should Jefferson require a state law enforcement presence, during an emergency, or for multi county emergency, Counties will contribute deputies. The law enforcement personnel will be under the command of the County Sheriff of the impacted county.
Jefferson State Militia will not participate in the United States National Guard system. Jefferson’s force for defense of State and Nation, during time of invasion or emergency, will be a state militia. Formation and Command structure will be decided by Constitutional Convention. Jefferson Militia will not be available for foreign wars, unless by approval of a vote of the people and the legislature. Jefferson Militia will supervise state firefighting, state office of emergency services, state search and rescue, defense of state and nation, during national emergency. Militia will be available to counties, during times of emergency, or natural disaster, upon request, provided Constitutional mandates are met.
The Constitution of the State of Jefferson will be largely modeled on the Federal Constitution. Article one will be the Declaration of Rights. The inalienable rights of the citizens are inviolate. The rights of Property are paramount to the people of Jefferson. There will be no violations, nor any legislative, statutory, or regulatory infringement of the rights to self-defense, property, privacy, trial by jury, or any violations of the Declaration of Rights. Jefferson represents personal liberty for all of its citizens. The primary duty of the Secretary of Constitutional Compliance will be to ensure that statutory, judicial, legislative and regulatory processes do not interfere with the inalienable rights of Jefferson.
The Jefferson Constitution represents the contract which defines the government created to serve the people. The rights of the people are absolute. The people of Jefferson do not surrender their sovereignty to the government created to serve them.
Our goal is to create a constitution designed to secure liberty for our posterity. Jefferson’s Constitution will be very difficult to change. If we succeed in our endeavor to restore Liberty through Constitutional Republic to Jefferson, we will have fulfilled our mandate, our promise, and our duty to future generations. Please stand with us.
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