Neil admits that the following is not agorist, (or crypto-anarchist), but is a great republican idea: "...here is a ballot initiative I and a couple of other guys drafted while I was in Colorado (well, actually second draft which I did solo) immediately following the passage by the U.S. Senate of the crime bill containing the assault weapons bans. I will be devoting a considerable about of my energies in the forseeable future -- my life, fortune, and sacred honor, in fact -- to trying to get as many states as possible to put this on the ballot and start creating some free countries." *** THE AMERICAN INDEPENDENCE BALLOT INITIATIVE Preface In States where the people may place this initiative on the ballot to amend the State Constitution by direct ballot initiative, the proponents of this initiative should form a committee to do so and to combat legal challenges to the initiative being placed on that State's ballot. In States with no direct initiative procedures, or where legal impediments or challenges prevent this Initiative from being placed on the ballot, a political party may adopt, or be newly formed to adopt, the platform of placing this initiative on the ballot by whatever legal procedure is required in that State in order to effect its consideration. Question Shall [YOUR STATE] declare independence from the United States of America. Purpose The Declaration of Independence adopted by the Continental Congress dated July 4, 1776, states as follows: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,-- That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." A long train of abuses by the Congress of the United States, the Judiciary of the United States, and the Executive Branch of the United States having infringed upon the rights, privileges, immunities, and powers of the people of [YOUR STATE], in direct contravention to the purposes of the Declaration of Independence and the rights enshrined in the first ten articles of amendment to the Constitution of the United States, We the People of [YOUR STATE] do hereby resolve, effective immediately, the following: Resolved: That [Your State] does hereby declare itself independent of, and does hereby secede from, the United States of America, declaring itself the free and independent [YOUR STATE] Republic. All persons born in the territory or state of [YOUR STATE] or currently residing in this Republic are hereby deemed citizens of the Republic, and all individuals residing in the Republic or who otherwise are citizens of the Republic who have attained the age of 16 years are declared to be Sovereign Individuals, possessing all rights, privileges, and immunities, and subject to all duties, responsibilities, and penalties, of adults living in a free Republic. The legislature of [YOUR STATE] is hereby dissolved, and the Governor of [YOUR STATE] is hereby appointed President Pro Tem of the Republic and Commander-in-Chief Pro Tem of its State Guard and Militia, which consists of all Sovereign Individuals of the age of 16 or greater capable of bearing arms; however, no individual who conscientiously objects to Militia service shall be required to bear arms. The vote of no Representative or Senator from the state of [YOUR STATE] to the Congress of the United States shall be regarded as binding upon the will of the people of [YOUR STATE] in its relations as an independent Republic with the United States; however, such senators and representatives may retain their seats until the natural expiration of their terms of office, or until their offices are abolished by a Constitutional Convention of the Republic, which ever shall occur first. Within 90 days of the adoption of this Initiative there shall be a Constitutional Convention to propose amendments to the Constitution of [YOUR STATE] in order to enact a permanent Constitution for the Republic, and any Sovereign Individual of the age 21 years or older who holds the proxies for 2500 other Sovereign Individuals of the age of 16 years or older shall be seated as a voting Delegate to the Convention, empowered to elect presiding officers of the Convention, to adopt the Rules of Order, and to decide upon all business that shall come before the Convention, except with the following limitations: that the Declaration of Rights which is enacted as part of this Initiative shall be the permanent and supreme Law of the Land, not subject to repeal, alteration, or abridgement by the Constitutional Convention or any deliberative body which shall follow it; that a Delegate to the Constitutional Convention shall be seated only so long as the sufficient number of proxies is maintained, and such proxies are revocable at any time during the Convention by notice to the recording Secretary of the Convention; that the Convention may be reconvened under these same limitations to propose new amendments at any time after ratification of the Convention by a majority of those voting in a popular initiative, and that all proceedings of this and subsequent Constitutional Conventions shall be available for public viewing and broadcast. Each Delegate to the Convention shall have one vote on the floor of the convention, irrespective of the number of proxies that Delegate holds in excess of the minimum number required to be seated. The proposed Constitution ratified by a majority vote of seated Delegates shall be submitted to a popular referendum within 120 days of the seating of the [a number representing 10% of your state's population]th Delegate, which shall be a quorum for the Constitutional Convention to begin. Every Sovereign citizen of the Republic having attained the age of 16 shall be entitled to vote in this referendum, and a majority vote in this referendum shall adopt the Constitution, which shall go into effect immediately. Within 90 days from the adoption of the Constitution, but in no event later than 180 days from the adoption of this Ballot Initiative declaring independence, all currently held elected, appointed, and civil offices of [YOUR STATE], including the presidency-pro-tem, shall expire, and the Republic shall hold such general elections as are mandated by this Ballot Initiative and created by the Constitution of the Republic. If the people have failed to approve a Constitution within 180 days from the adoption of this ballot initiative, then all legislative, judicial, and executive authority of the Republic shall remain with the Constitutional Convention or, respectively, with the people in popular referenda, until such time as a Constitution is approved by the people. The Constitutional Convention shall as its first order of business after the election of presiding officers and adoption of Rules of Order appoint an Ambassador to the United States of America to open communications for the purpose of discussing such subjects as are of interest to the people of the United States of America and the people of the Republic, to seek a peaceful divorce and coexistence. Any other State, Province, or Republic which shall adopt the following Declaration of Rights in total and without alteration may join in free Confederation with this Republic; and the Sovereign Individuals of those States, Provinces, and Republics shall be entitled to all privileges and immunities of the Republic; and all public acts, records, and judicial proceedings, of such a State, Province, or Republic shall be given full faith and credit by the Republic. Alternatively, if the several states of the United States of America should adopt this Declaration of Rights into the Constitution of the United States of America in total and without alteration, the Republic shall, by popular initiative, vote whether it shall rejoin the United States. DECLARATION OF RIGHTS All Individuals within the borders of the Republic, and those of its Sovereign citizens abroad, are hereby declared to hold the following unalienable Rights, and this Declaration of Rights shall be the Supreme Law of the Land of this Republic, not subject to repeal, abridgement, or amendment; and all laws or regulations of the State of [YOUR STATE], or of the United States of America, which are repugnant to these Rights are immediately null and void: To be free from laws respecting an establishment of religion or taxing or prohibiting the free exercise thereof; or taxing or abridging freedom of speech, or of the press, or of communication public or private; or peaceably to assemble, or to petition the Government for a redress of grievances; or to travel freely domestically or abroad. A standing Army being repugnant to the people's Liberty and creating a likelihood of foreign military adventures, and public liberty and security being predicated on the ability of Sovereign Individuals to act on behalf of their individual liberties and personal safety, a popular Militia is the natural defense of a Free Society, and posse comitatus drawn from such Militia is the best protector of public order and safety; however, no individual who conscientiously objects to Militia service shall be required to bear arms. The Right of all Individuals to keep, own, and carry, openly or concealed, any arms for defense of themselves, the public peace, and the Republic shall not be called into question in any place in the Republic, except for those persons being held to answer for an infamous crime or those who having been convicted of an infamous crime have had restrictions placed on their liberty as a condition of probation or parole, or in places where such persons may be incarcerated; nor, other than requirements that may be enacted for training of the Militia, shall the government place any burdens on the acquisition, possession, or ownership of arms; nor shall privately owned arms be enumerated or registered with any authority by force of law; nor shall any taxes, tariffs, fees, or regulations be placed on the manufacture of or trade in personal or militia arms; nor shall any Individual be held criminally or civilly liable for any reasonable act in defense of life, liberty, property, or the public peace; nor shall any sworn police or peace officer have any greater Rights or powers than those available to any Sovereign Individual. Neither slavery nor involuntary servitude, except in punishment for a crime whereof the party be duly convicted, shall exist in the Republic or any place subject to its jurisdiction. No Sovereign Individual in the Republic may be denied or have abridged by law, public, or official act, any Right, privilege, or immunity held by the people as a whole; and any official, elected, appointed, or otherwise receiving remuneration from public funds, who violates the least of these Rights, even to proposing or supporting a law that would violate the Rights set forth in this Declaration, shall be held personally liable, criminally or civilly, for any damage or dishonor against any or all Sovereign Individuals of the Republic; and upon conviction of Criminal Violation of Sovereign Rights may as part of punishment be further barred from holding any office or position of public trust in the Republic thereafter. No military or government personnel shall be quartered in any house without the consent of the Owner. The right of all Individuals to be secure in their persons, houses, documents, files, private communications, and effects shall not be violated, nor any warrants shall issue, but upon probable cause, supported by Oath or affirmation, by a Grand Jury elected yearly by the People, and particularly describing the place to be searched and the Individuals or things to be seized, and if such Warrant shall have come about by perjury, malice, manufacture of false evidence, or malfeasance by any Individual, such individual shall be held to answer, criminally and civilly, for such malfeasance. and Individuals not charged, or adjudicated to be innocent, shall be compensated in full from public funds for any costs or damages resulting from such a search, seizure, charges, or trial resulting therefrom. No Individual shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury elected yearly by the People, except in cases arising in the Militia when in actual service in time of war or public danger; nor shall any act be a crime in which it can not be proved that one or more actual Individuals was caused harm or could likely have been caused harm; nor shall any individual be held to answer as an adult for a capital or otherwise infamous crime who has not enjoyed the full rights, privileges, and immunities of an adult; nor shall any Individual be subject to charges arising from the same offense to be twice put in jeopardy of life, limb, or loss of property after an acquittal or failure of a Jury in a criminal trial to reach a conviction; nor shall anyone be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law. Any Sovereign Individual in the Republic may petition a Grand Jury to bring criminal charges against any public official he believes has violated his Rights; and if the person who might be charged sits upon that Grand Jury, that Grand Juror shall be recused and the charges considered by the remaining Grand Jurors. No magistrate may impose a punishment upon any Individual for Contempt of Court except by presentment or indictment by a Grand Jury and conviction on the charge in a criminal trial by Jury. No private property shall be taken for public use without full and just compensation, upon a vote of two-thirds of those voting in a popular referendum and for no other purpose than a clear and present danger to the Sovereign Individuals of the Republic or equally grave public purpose. Neither the Republic nor any of its subdivisions may have title to real property, nor may the Republic demand public use of private property, with the exception of rights of way necessary to the public's right to travel and engage in free commerce and recreation, national cemeteries, embassies and consular offices; and the devolution of public property into private ownership shall balance the public interest with the conservative advantages of private stewardship. In all criminal prosecutions the accused shall enjoy the Right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of competent and energetic Counsel for his defense. Furthermore, in all criminal prosecutions and civil matters each jury shall be selected from a pool of rational Sovereign Individuals who have demonstrated in their lives common sense, courage, a knowledge of the law in general and of the issues of the specific crimes being charged or issues being litigated, and shall be of a sufficient moral stature to overcome any preconceptions or prejudices that may have arisen in their minds from public discussion of the case prior to the commencement of trial; and each jury shall have the power to rule both upon the facts of the case and to nullify any charge or law for that case they consider to be unjust, and shall not be bound to the precedents established in any prior case; and the judge for each trial shall be elected by the jury and no fact or issue of law shall be considered except in open court with the full jury present. Excessive bail shall not be required nor excessive fines be imposed nor cruel and unusual punishments inflicted, nor shall punishment be the primary purpose of criminal law except that it seeks redress on behalf of victims for harms caused by a criminal act. In suits at common law, where the value in controversy shall exceed five troy ounces of .999 fine gold, the Right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any Court of the Republic, than according to the rules of the common law. No law, treaty or contract shall exist in the Republic unless written in plain language understandable to an Individual of average intelligence and literacy; and all laws and treaties under consideration in any deliberative governmental body shall be made available free for examination to all Sovereign Individuals in the Republic; nor shall any law or treaty be enacted that is of such excessive length, or which has been so recently drafted, that the public has not had time to contemplate its effects. No law shall exist whose purpose is to prevent an adult individual from causing harm solely to himself or his own property, nor conversely from seeking to enhance his own health or well-being by chemical, medical, herbal, physical, or other means; nor shall the possession of medicinal substances, herbs, or materials used in growing or preparation of them be prohibited or burdened; nor shall any Individual be taxed to pay for his own future needs; nor shall the practice of medicine, or of the law, or of any other Profession or livelihood be licensed or regulated by the Republic or subdivisions thereof; nor shall any private and discreet religious, economic, or sexual practice between or among consenting adults be a subject of law. No law shall exist in the Republic that shall prohibit the termination of a pregnancy except that the fetus be healthy and viable apart from its mother's womb and there exists an individual capable of and committed to the adoption of the fetus when born and to assume all costs of support for the mother through the birth of the child, any costs relating to the birth, any costs of care for the mother and any of her other dependent children resulting from the continuation of the pregnancy to term, and burdens of parenthood for the fetus when born, in which case an abortion of such a fetus shall be tried as homicide; but in the event that no qualified person has committed to all these costs and responsibilities, then no criminal or civil charges for the abortion of even a viable and healthy fetus shall be permitted. No law shall prohibit any Sovereign Individual from using as a medium of exchange any legal commodity, nor require any Sovereign Individual to accept any note as legal tender, nor shall the Republic issue any currency not backed by a commodity in the Republic's treasury, nor shall the Republic or any of its subdivisions contract a bond or debt mortgaged upon the government's ability to collect future revenues except in time of war or public disaster. No tax shall be levied without the majority of the people voting in a direct referendum; and furthermore no tax may be levied except that it is to be used for a specific public purpose and no revenue raised for one purpose may be used for another without the majority of the people voting in a direct referendum; and no tax may be enacted such that it requires burdensome accounting or is ambiguous in its requirements or requires professional assistance to understand or comply with it; nor shall any Sovereign Individual suffer any criminal penalty for failure to pay a tax or evasion thereof. In all tax cases or other civil cases in which the government shall be a plaintiff against a Sovereign Individual or private property, all protections accorded to a defendant in a criminal proceeding shall be afforded to the defendant or property owner; neither shall there be any civil forfeiture of private property to the government except after judgment in a jury trial. The government may neither operate any enterprise in competition with a private enterprise; nor by grant of monopoly, subsidy, or other advantage to a private enterprise discourage free competition in any service or product offered to the public; nor prohibit or burden any private enterprise which would provide a service or product previously offered by a unit of government or enjoying an advantage due to government privilege. The enumeration in this Declaration of certain Rights shall never be construed to deny or disparage others retained by the People; and while no Rights here enumerated may be abolished or abridged by constitutional amendment or law, nothing here shall be constructed to prevent additional limitations on public power to enhance the protection of the people from tyrannical abuse. In all questions relating to the Construction of these Rights, let decisions be ruled according to the original intent of the framers of this Declaration, that Individual private powers be nurtured and the Sovereign Individual be protected from the natural tendency of any government to expand the sphere of public power. The protection of these Rights shall be the first and last duty of all persons holding any office of public trust, and the interpretation of these Rights shall firstly and lastly be decided by the Sovereign Individuals of the Republic, as expressed in their acts as members of juries and Grand Juries. First draft of this Initiative and Declaration of Rights was submitted by Scott Paul Graves, J. Neil Schulman, and Timothy H. Willis on August 26, 1994. This draft submitted by J. Neil Schulman, August 28, 1994. Reply to: J. Neil Schulman Mail: P.O. Box 94, Long Beach, CA 90801-0094 Voice Mail: (on AT&T) 0-700-22-JNEIL (1-800-CALL-ATT to access AT&T) Fax: (310) 839-7653 JNS BBS: 1-310-839-7653,,,,25 Internet: softserv@genie.geis.com Post as filename: BALLOT.TXT Blame this very long post on Kent - j.hastings6@genie.geis.com