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1. Federal law will define procedures
whereby with the consent of the majority of citizens thereof:
territories may become states, two or more states may combine into
one, and one state may divide into two or more states.
2. The federal
government will have jurisdiction on properties of the federal
government and, as defined by agreements, share jurisdiction with
other nations and international organizations.
3. The federal government will have
jurisdiction on coastal waters defined as territorial by
international law and on inland waters that touch more than one
state or another nation.
4. The federal government will assume the
general responsibilities and authority of the states in the
territories. Federal laws will define the authority and
responsibilities of local governmental units in the territories.
5. The federal government will make laws
necessary and proper in order to:
- Raise and maintain armed services and make
rules for the regulation thereof.
- Conduct relations with other nations and
international organizations.
- Regulate immigration from other nations.
- Suppress international and interstate
crime.
- Test products intended for people to
ingest, inhale, or apply to their bodies and publish the
results.
- Operate or license all facilities for the
usage, transportation, and waste disposal of radioactive
materials.
- Assist states and local governments in the
event of natural or man-made disaster.
6. The
federal government shall maintain a healthy economy and make laws
necessary and proper in order to:
- Print currency, stamp coins, and create
other media of exchange.
- Borrow funds on the credit of the United
States.
- Establish an independent central bank that
manages the money supply and interest rates.
- Insure the safety of funds under the
control of financial institutions and in transit.
- Regulate all aspects of the creation and
sale of financial securities.
- Regulate businesses, associations, and
eleemosynary organizations with interstate operations.
- Define the rights and obligations of
employers and employees and set a minimum wage in organizations
with interstate operations.
- Protect the public from the exercise of
monopoly and monopsony power.
- Grant patents, copyrights, and trademarks
that balance the benefits to the public of innovation and
creation with the rights of authors, inventors, scientists, and
artists to profit from their work.
- Establish standard weights and measures
that conform to the international metric system.
- Sponsor standards for the safety and
interoperability of products.
- Establish or license and operate or
regulate all technical facilities for domestic and international
communication.
- Establish or license and operate or
regulate all facilities for interstate and international
movement of persons and property.
- Regulate extractive industries and ocean
fisheries and salvage.
- Set standards of agricultural practice.
- Stabilize, but not to subsidize, the
market prices of farm commodities, energy, and minerals; and to
maintain permanent inventories thereof only to meet the
requirements of national security.
7. The federal government may define and
finance projects in the arts, cultural activities, basic and
applied science, and the social sciences; but will not regulate
projects that are privately funded.
B. State
1. States have primary authority and
responsibility in matters which are specifically assigned herein
and which are not reserved to the federal government.
2. Each state will have its own Constitution that defines
its organization and how the responsibilities and authority of the
state are delegated to local governmental units.
3. States and local governments will obtain
revenue, disburse funds against obligations, issue and redeem
bonds, and employ persons and define conditions of their
employment.
4. Retirement benefits for the employees of
states and local governments shall be fully funded on an actuarial
basis.
5. States
may make pacts with other states.
6. States may petition the federal
government concerning international relations but will make no law
referring to the citizens, products, or the conduct of other
nations or international institutions.
7. States will make laws necessary and
proper in order to:
- Maintain public order, safety, and
sanitation.
- Define family relationships and
responsibilities.
- Care for the indigent, insane,
incompetent.
- Care for orphaned or abandoned children.
- Make and enforce plans for the utilization
of land and supplies of fresh water.
- Issue permits for the operation of
vehicles and machinery.
- License professional persons and
artisans.
- Regulate businesses, associations, and
eleemosynary organizations without interstate operations.
- Define the rights and obligations of
employers and employees and set a minimum wage in organizations
without interstate operations.
- Create and maintain facilities for public
recreation and entertainment.
- Promote and subsidize cultural activities.
- Maintain a system of higher education
- Establish and operate or regulate
intrastate infrastructure.
8. Every minor, past infancy and under age
19, permanently or temporarily resident, citizen or not, is
entitled to an education suited to his or her age and capacity to
learn. States will:
- Without charging fees, operate a public
school system.
- Set standards for schools that charge
fees, religious schools, and for parents who educate their
children at home.
- Provide access to public educational
services on the basis of cost reimbursement to those who do not
attend the public schools system.
- Set standards of educational achievement
by age group.
- Without charging fees, operate or license
facilities for those who are unable to attend public schools by
reason of physical, emotional, or intellectual handicap.
C. Joint Federal and State
1. In matters when the primary
responsibility rests with the states, the federal government will
assist a state only upon request and will not impose specific
financial burdens on state or local government without specific
consent or compensation.
2.
Notwithstanding the division of responsibilities between the
federal and state governments as defined herein, the federal
government may measure state-wide social and economic levels and
publish comparative analyses.
3. All
citizens resident in the United States
are entitled to a minimum standard of living.
-
Federal law will
define standards of support and the division of responsibility
between federal and state governments.
-
The federal
government will disburse funds in amounts depending on local
prices directly to citizens who are employed at low wages, or
unemployed and seeking work, or past working age.
-
The federal
government will disburse funds to the states on behalf of citizens
who are disabled, incompetent, or otherwise unable to support
themselves.
-
States will use all
the funds received from the federal government exclusively for
life maintenance services and may choose to augment the federal
funds.
-
States may disburse
funds or provide support in kind and may impose restrictions or
obligations on recipients subject to the federal standards.
4. All persons present in the United States
are entitled to a basic level of health care.
- The federal government will cooperate with the states, other
nations, and international organizations in measures to control
epidemics and to raise the general level of public health.
- The federal government will test medical
devices and diagnostic equipment.
- The federal government will disburse funds
to the states in amounts based on population by age and sex and
on relative wage levels in order to finance the delivery of
health care.
- States will provide health care to all
persons without regard to permanent residence or citizenship.
- States will use all the funds received
from the federal government exclusively for health services and
may choose to augment the federal funds.
- States will establish an ethics panel that will define
procedures, drugs, and devices that are permitted and prohibited
under local standards.
- States will license
and monitor health care providers and facilities.
- States will set reimbursements for services, drugs, and
devices that are appropriate to the wage levels in local areas
within a state.
- States will act as a single payer disbursing funds to
health care providers for services rendered.
- States will establish special facilities
to arbitrate disputes among patients and consumers, health care
providers, and state and private administrators.
- States will regulate, but not prohibit, the private purchase of
health care services.
5. The federal government will regulate the
importation and interstate distribution of devices and materials
designed to inflict bodily harm
and of substances that create dependency. States will regulate
the intrastate distribution, possession, use, and misuse of these
devices and materials and of these substances.
6. The federal government will set minimum
national standards for the maintenance of the physical and
biological environment. Adhering at least to these minimum
federal standards, states will make laws necessary and proper in
order to protect the environment and to ensure
that food and water are fit for human consumption.
Footnotes:
This Article encourages diversity among
the states, especially on issues of social morality. But it
retains for the federal government the power to measure and
compare the effects of various social and economic policies
and in some case to establish minimum standards.
[2] This list of enumerated powers includes
those now assumed under court decisions that could be
overturned.
[3] Over all, this Section is a stronger
affirmation of states rights than is now in effect as granted
by court decisions.
Income maintenance, provided to citizens
but not to all persons, is an extension of existing Social
Security payments, unemployment and disability support, and
various welfare programs. The differences are: (1) the funds
come from general revenues, not from payroll deductions; (2)
the amounts are calculated to provide a minimum standard of
living, not based on past earnings. Income maintenance should
be coordinated with the per capita deduction in the
calculation of personal income tax. For those working at the
lowest level of income, the tax system might generate income
support as a negative income tax, and conversely the income
required for a minimum standard of living might define the per capita deduction.
As a matter of reciprocity with other
first-world nations, concern for public health problems, and
compassion, health care is provided to all persons, not only
to citizens. National health care is financed from general
federal revenues but operated by states. Most of the issues
of social ethics that divide the nation are related to health
care. Abortion, marijuana, assisted suicide, neo-natal care,
maintenance of the elderly in a vegetative state, etc. are
removed from federal contention and left to the states.
The federal government has the clear
authority to control international and interstate commerce in
guns.
The misuse of narcotics is a state, not
a federal, crime.