IDEAS FOR NEW, CONSTITUTIONAL LEGISLATION FOR KANSAS

First developed 09/25/99. These ideas are from a brainstorming session and are not necessarily approved by anyone.

1. Defense and Civil Order

1.1 National Defense

1.1.1 It shall be a felony for anyone who is not a citizen of Kansas or of one of the several states to carry or possess a firearm or any weapon of mass destruction except on U.S. military bases while involved in training. This includes all United Nations personnel and all foreign soldiers. The county Sheriff retains his authority to stop any military personnel outside of military bases and imprison anyone in violation of this law.

1.1.2 No foreign soldiers on American soil.

1.2 Law Enforcement

1.2.1 All state and local laws and regulations must be in compliance with the Constitution of Kansas. Repeated knowing attempts to enforce laws in violation of the Constitution shall be a felony. Repeated knowing attempts shall be those where citizens notify the government official that they are acting in violation of the Constitution and where a court finds that the government official made repeated attempts on different days after they were notified of the violation. The county clerk shall register all such citizen protests when requested to do so, and the clerk shall notify the government official of the protest.

1.2.2 In any case resulting in the death of a person in Kansas and involving federal agents, foreign agents, or military personnel, the County Sheriff shall direct or monitor all collection of evidence. Obstruction of the Sheriff in this duty by any person shall be a felony.

1.2.3 In any case of law enforcement personnel entering a home, apartment, or private property forcibly or with weapons ready, they must be in uniform and easily identifiable in case any should be involved in wrong-doing. Any law-enforcement personnel involved in such action with their face covered or identity hidden shall be guilty of a felony.

1.3 Justice, Courts

1.3.1 Jury Rights.

1.3.1.1 The jury instructions used by first Chief U.S. Supreme Court Justice John Jay shall be read to the jury in every jury trial without addition, subtraction, or explanation. Otherwise the court decisions shall be invalid and the defendant(s) shall be reimbursed their expenses. John Jay, first Chief Justice of the United States Supreme Court, charging the jury in Georgiav. Brailsford, 3 Dallas 1,4 (U.S. 1794): "That in criminal cases, the law and fact being always blended, the jury, for reasons of a political and peculiar nature, for the security of life and liberty, is intrusted with the power of deciding both the law and fact."

1.3.2 Language. All language used by witnesses and defendants in court shall be assumed to be defined in common usage unless the legal definition of specific terms are defined and the witness or defendant specifically agrees that is their intended meaning. The same ground rules must be used for questions presented to witnesses and defendants and presentations within the hearing of jurors -- all terms used outside of common street language, must be defined explicitly in common English -- or the language of the persons involved.

1.3.3 In controversies exceeding 20 dollars the right to a common law trial shall be guaranteed. [This idea appears to not be required by the U.S. Bill of Rights Amendment 7.]

1.3.4 To be a judge the candidate must be learned in the law. ( It is not necessary to be a member of the Bar Association.)

1.4 Grand Jury.

1.4.1 The right to a grand jury when accused of a capital crime shall be guaranteed in all cases in Kansas as specified in the 5th Amendment to the Constitution of the United States. Before any trial of a capital crime, the judge shall inform the defendant of his right to a grand jury (if there has been no grand jury indictment) and that such grand jury may decide that he need not be tried.

1.4.2 The grand jurors shall not be prevented from calling witnesses and questioning them. The rights of grand and petit juries are original and cannot be limited or superceded by judicial officers or anyone not on the grand jury. Their rights include but are not limited to the rights to deliberate, to hear all evidence, to hear all witnesses, judge the law, judge the facts, and others. Petite juries have the right to judge guilt and shall sentence. Grand juries have the right to indict. Statutes, procedures and rulings to the contrary shall be removed.

1.5 A defendant may present all evidence pertinent to his case..

1.6 The jury shall have the authority to remove a judge.

1.7 Rights of juries are original and cannot be limited or superceded.

1.8 Crimes against the state.

1.8.1 In cases of crimes against the state or any governmental or quasi-governmental entity (those crimes in which no specific person was injured) the defendant may not be imprisoned more than one year nor fined more than $20,000, except in cases where the defendant endangered or attempted to endanger the lives of multiple people.

1.9 Court Procedure

1.9.1 In the case of every court trial or quasi-judicial proceeding, the person(s) presiding shall be considered under oath under penalty of perjury at all times and they must state to the defendant(s) whether their rights under the Constitutions of the U.S.A. and rights under the Constitution of Kansas will be maintained in the proceeding, and if not, then specifically why not. It shall be a felony to attempt to hide this statement of fact from the public for any reason, including, but not limited to, national security.

1.10 Court Records

1.10.1 A state owned computer database shall be established and maintained to provide all records of court sessions and quasi-judicial hearings. This database shall be maintained open to the public via Internet and any other widely accepted public access system. Records can never be held in secret when Constitutional issues or issues of law are decided. No records may be held in secret except by agreement of all parties and then it shall be a felony to offer any agreement in exchange for an agreement to place the proceedings in secret. No cases involving a child and their separation from their family may be held in secret, but all must be placed open to the public.

2. Rights

2.1 Constitutional Rights.

2.1.1 The original 13th Amendment to the Constitution of the U.S.A., which states "If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument, of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them." shall be proposed as an amendment to the Constitution of Kansas and shall be placed on the ballot for approval by the citizens of Kansas

2.2 Property

2.2.1 Control of personal property is an unalienable right in the state of Kansas. Personal property may not be seized, confiscated, or controlled except for conviction of a crime against another person by a jury of the property owner's peers and then only in accordance with the Constitution of Kansas, Bill of Rights Article 12 "No conviction within the state shall work a forfeiture of estate." For the purposes of this statute only, personal property shall include all family dependents including, but not limited to, children and the elderly.

2.2.2 In all cases in which property is seized or confiscation, every item taken and the quantity taken must be recorded.

2.2.3 No person or agency to force Kansans from their home or property. This rescinds the statutes authorizing the Governor to do so or authorizing FEMA and other foreign authorities to do so.

2.3 Parental

2.4 Religious

2.4.1 In accordance with the first amendment to the Constitution of the United States, it shall be a crime for a government official or person paid by government to knowingly interfere with the free exercise of Christian religion. "… or prohibiting the free exercise thereof."

2.5 Life

2.6 Self Defense

2.7 Suffrage of the people (the Vote) (Representation - under our Constitutional Republic, the people are represented in government by elected representatives.)

2.7.1 Voter Fraud

2.7.1.1 For all computers or other devices used for tabulating or recording votes the programming logic must be made available to the public at the cost of the lowest cost media for transmitting the logic. This includes copyrighted programs. All voting devices must create a permanent paper record of all votes at the precinct at the close of the polls. Any and all connections to outside computers or devices via phone or other means must provide for recording all communications during the polling, and this recording must be made available to the public at reasonable cost. Each voter must be provided the ability to audit his own votes after the election, to ensure his vote was tabulated correctly. One method would be to issue each voter a unique id number that he can use at the public library or county seat after the election to view the votes recorded for that id number.

2.7.2 Influence from outside the district

2.7.2.1 Only constituents of the voting district may contribute to a political campaign.

2.8 Suffrage of the State ("… no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." Article V, Constitution of the U.S.A.)

2.8.1 U.S. Senators for this State must follow the instructions of the Kansas Legislature under the right of the State to suffrage in the Senate as guaranteed in Article V. of the U.S. Constitution. The Senators must report to the legislature on the 2nd Monday of the Kansas legislative session and report to the legislators on matters of concern to the Kansas legislators. They shall stand for questions and instructions by the legislators. The Kansas legislature shall also provide for a report by the U.S. Senators at the middle of the legislative session, and just before adjournment of the legislative session. The legislature shall debate on issues of national interest and provide general or specific instructions to the U.S. Senators representing the suffrage of Kansas in the U.S. Senate.

2.8.2 Recall of U.S. Senators. Issues: U.N., NAFTA, GATT, etc.

2.8.3 Collect evidence for recall: Campaign pledges, and letters to constituents.

2.9 Governmental Lobbyists

2.9.1 .No governmental entity may fund lobbying efforts for or against any public law or public action. No governmental employee may be paid for a day's work when testifying before the state legislature except when subpoenaed.

2.10 Term Limits

2.10.1 Elected representatives may serve two terms in office, but then may not serve a third term in a row. They may again be elected to two terms after being out of office one term.

3. Taxation.

3.1 Only constitutional and required taxes must be paid. Voluntary taxes need not be paid and attempts to enforce payment of a voluntary tax shall be a felony.

3.2 Labor is property, wages are not income but are barter, and wages are property. Income taxes do not apply to property such as wages.

3.3 The state income tax shall be replaced by a sales tax at the cash register, foods, medicines, and toiletries exempted.

3.4 Taxation of property is a violation of the 4th amendment to the Constitution of the US and the property owner's dominion over his property. The Kansas Constitution shall be revised to remove the right of government to tax property.

3.5 Remove all state income taxes and replace with a sales tax. (like 7 other states.)

4. Education

4.1 Control of the education of a child is inherently the right of the parent. School board members shall consist only of parents of current students of the school. They shall have exclusive control of curriculum, school personnel, graduation requirements.

4.2 The legislature shall instruct Kansas U.S. Senators to stop all funding for Education grants to the states or entities within the states.

4.3 Support for election of State Board of Education.

4.4 Require more teaching of the U. S. Constitution in school on an on going basis.

4.5 English is the official language of Kansas, and shall be the primary language used is schools.

4.6 Parental control over curriculum and personnel of schools where their children attend.

4.7 Parents are guaranteed the right to determine the control of their children's schools, curriculums school board, and administration.

5. Medical Care

6. Legislative

6.1 Bills. Every bill must cite the constitutional authority for the bill. Riders to bills in the legislative process shall not be allowed.

6.2 Orders of the President of the United States, of any federal agency, or of any entity foreign to Kansas are null and void in this state. Only Kansas law and U.S. Treaties passed by 2/3 of the U.S. Senate are valid in Kansas. Any general law supposing to allow non-specified foreign laws, rules, or regulations shall be null and void. Any attempt to enforce the excluded laws and regulations listed above shall be a felony. (Our U.S. Congressmen state that Presidential Executive Orders have no effect in our state and are valid only within federal agencies, and not in Kansas agencies, even though the E.O. claims to be valid outside of federal agencies and jurisdictions.)

6.3 Legislators may not vote on any special interest issue. For a company from which they have received campaign funds.

6.4 Kansas State Library shall develop and maintain documentation on which states voted for or against each U.S. Constitutional Amendment including those passed and those not passed.

6.5 The Kansas State Library shall list all treaties passed by 2/3 of the U.S. Senate and the number of Senators present for the vote.

6.6 Free Internet access to all laws including annotated laws, court decisions, rulings, regulations to which Kansans are held accountable. Kansans may not be held to account under any not listed.

6.7 Remove standing of "shadow" corporate Governments. (ucc7-103) (ucc1103)

6.8 Require legislators to study the U. S. Constitution and State Constitution.

6.9 Require legislators to be knowledgeable of the constitution.

7. Regionalism

7.1 Regional governments and their agents have no authority in Kansas. Model legislation is available from Col. Roberts.

8. Agriculture

8.1 No taxation on family farmers during this time of economic duress. This applies only to farmers whose gross income is under $1 million. It shall not apply to corporations, trusts, or companies owned by other than one family.

9. Financial/Economy

9.1 Monetary System/Banking

9.1.1 State commodity scrip as warehouse receipts as interim measure under U.C.C. and a lifeline to farmers. Constitutional Gold and Silver requirement an "impossibility of law" for State Federalism powers to first implement nationally via Fed. Res. Act.

10. Treaties

10.1 No unconstitutional treaty may be enforced.

10.2 No treaty may be enforced of it is not in conformance with the Constitution.

 

Other Actions by Participants of September 25, 1999 meeting:

1. Suggestion: Each of our ideas should state the Constitutional authority of that idea or related to the idea. Also cite the principle.

2. Voted on language to support the Kansas School Board's recent controversial decision to remove censorship from teaching creationism: "Be it resolved that the KTAS hereby informs all members of the Kansas legislature that the KTAS is in support of the Kansas Constitution and favors a State Board of Education that is elected by the people and opposes all efforts to make the Kansas Board of Education an appointed rather than an elected body." [No further action taken on this issue.]