The Universal Declaration of Proper County or Local Government (rough draft, 8-6-00) Declaration of Intent I. We hold that God's Law is the Supreme Law of the Land, above and beyond any mere constitution or act of man, and that from these Supreme Laws come our God-given Rights. II. We hold that crimes are against God and the victim, not against any form of government. We hold that victims should be compensated, in court where possible, or under court order, in accordance with the scriptures and judgment of a Common Law Jury. We hold that this compensation shall come from the party or parties found guilty as punishment for their crime. We hold that government shall not profit from acts of crime. All references to a Jury in this declaration refer to a Common Law Jury of twelve jurors selected randomly from the men and women citizens of the respective counties or local divisions of government. III. We hold that the people of Earth are free to create new governments in accordance with the precedents set by the following authorities: The Christian Holy Bible; and The Declaration of Independence (of the American States) in 1776. IV. We hold that the foundation of each nation is that an individual's body, life, labor, ideas, thoughts, and material possessions that the individual has created or acquired without coercion are that individual's property and that no individual, majority, society, or government may legitimately take or control an individual's property without that individual's consent. We hold that the word 'individual' in this Declaration means every man, woman, child, or fetus. V. We hold that the foundation of our economies are and shall be the free market system unfettered by intrusions of government and based upon the free and voluntary exchange of goods and services. VI. We hold that peaceful relations with other nations is based upon the concept of mutual respect and that war and other interference in the affairs of other nations serves only to destroy such peaceful relations. It is therefore declared that each nation shall remain neutral in the affairs of, and between, other nations. VII. The enumeration of Rights herein contained shall not be construed to deny to the people any inherent God-given Rights which they have hitherto enjoyed. Preamble Whereas recognition of the inherent dignity and God-given Rights of all members of the human family is the foundation of Freedom, Liberty, Independence, justice and peace in the world, Whereas disregard and contempt for God-given Rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse to rebellion against tyranny and oppression, that God-given Rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the Free Independent Nations of Earth have reaffirmed their faith in fundamental God-given Rights, in the dignity and worth of the human person and in the God-given Rights of men, women and children and have determined to promote social progress and better standards of life in larger freedom than that recognized by other treaties, Whereas Member Nations of Free Independent Nations of Earth have agreed in compact among themselves to achieve the promotion of universal respect for and observance of God-given Rights and fundamental freedoms, Whereas a common understanding of these Rights and freedoms is of the greatest importance for the full realization of this compact, Now, therefore, The General Assembly of Free Independent Nations of Earth, in order to form a lasting peace, establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity, acknowledging and invoking the guidance of Almighty God, the Author of all good government, do ordain and establish this Universal Declaration of Proper County or Local Government; and Proclaims this Declaration as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these Rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member Nations themselves and among the peoples of territories under their jurisdiction. Article 1. County or Local Government Part 1. County or Local Government Courts Section 1. Any individual accused of a crime or tort shall be: a. presumed innocent until proven guilty; b. given the opportunity of facing the accusers in court; c. granted a trial by a Jury of twelve other individuals randomly selected from a jury pool who meet the following qualifications: are over the age of 18, are a citizen of that nation, are not employees or officials of any government agency, are not lawyers or attornies, have not taken any extra-judicial oath; d. informed of the exact nature of the charges; e. given adequate notice for preparing a defense; f. given access to all evidence collected; and g. given the opportunity, if convicted, of appealing. Section 2. No individual shall be forced to testify. Litigants may appear in person or may be represented by counsel of their choosing. Section 3. Each county (local government sector) shall create and maintain at least one county (local government sector) court. Counties may create and maintain additional county (local government sector) courts as necessary. Section 4. County (local government sector) courts have original jurisdiction for all cases involving the violation of Rights of any individual and for extradition requests. Complaints must be filed in a county (local government sector) court within the county (local government sector) where the alleged offense occurred or where the subject of the extradition request is currently located. County (local government sector) courts have no jurisdiction over contract disputes except those involving bad faith breach of contract. All other contract disputes shall be resolved as stated in the contract. Section 5. Grand Juries a. Each county (local government sector) shall have at least one grand Jury, consisting of twenty-three citizens living in the county (local government sector). b. Jurors shall be chosen at random. c. Prior to seating, each juror shall be required to make the following confirmation: "I, (insert full and correct name), will carefully consider all information, testimony, and evidence to be presented in this grand Jury hearing and will endeavor to the best of my ability to determine if a crime as defined in the constitution has been committed and if it is probable that the accused is responsible for committing the crime." If the juror refuses to make the confirmation, the juror shall be released from service without compensation and another juror shall be selected. d. If any juror becomes unable to complete service on the grand Jury, a replacement juror shall be chosen. e. Upon complaint of an alleged crime and presentation of sufficient cause, the grand Jury shall direct the sheriff to conduct an investigation of the alleged crime. f. A grand Jury indictment shall be issued only when an investigation shows sufficient cause, as determined by the grand Jury, at which time any individual may file charges against the accused. g. Each grand Jury shall elect a foreman from among its members. The county (local government sector) clerk or appointed deputy shall record grand Jury proceedings, which shall be closed to all except witnesses called by the grand Jury. h. The grand Jury shall hold a hearing on each complaint no later than thirty days following the filing of the complaint. i. The grand Jury may issue warrants for search or seizure provided that: (1) the warrant specifically names the place to be searched and specifically describes the person or thing to be seized; and (2) the grand Jury has in its possession at the time an confirmation by an accuser that evidence of a crime is located at the place to be searched or that the person to be seized is accused of a crime. Any property seized must be evidence of the crime described in the warrant. j. All decisions of the grand Jury shall be by simple majority vote, the foreman voting only in the case of a tie vote. Section 6. County (local government sector) Court Juries a. All county (local government sector) court proceedings shall be open to the public. b. A Jury pool of no fewer than thirty pre-qualified Earth citizens living in the county (local government sector) where the court is located shall be chosen at random. c. A Jury of twelve individuals shall be impaneled by lot from the available Jury pool. The justice shall direct the bailiff to draw names for Jury selection. A total of fourteen names shall be drawn for a panel of twelve jurors and two alternates. d. A juror may be removed from a Jury by a unanimous vote of the other jurors only if the juror fails to appear at the appointed times and places or is known to be a close family member of the accused or the accuser. In the event that a juror is so removed, an alternate juror shall be impaneled. e. Prior to the seating of each juror, the juror shall be required to make the following confirmation. "I, (insert full and correct name), will carefully consider all information, testimony, and evidence to be presented in this trial and will endeavor to the best of my ability to determine if a crime as defined in the constitution has been committed and if, beyond all reasonable doubt, the accused committed the crime. If compensation is requested, I will endeavor to the best of my ability to determine if the damages were caused by the accused and if the compensation requested by the accuser is reasonable and just." If the juror refuses to make the confirmation, the juror shall be released from service without compensation and a replacement juror shall be selected. f. The impaneled Jury shall select a foreman from its members. g. Prior to the trial, the justice shall inform the Jury of general court decorum and the general sequence of case presentations, rebuttals, witness questioning, and summations. The justice shall inform the Jury concerning the chain of evidence and what he believes is customarily expected for that evidence to be considered. The justice shall inform the Jury that they are not bound by anyone's opinions. The justice shall not render any legal opinions nor rule on the admissibility of any evidence or testimony. h. The justice shall preside over and keep order in all proceedings of the court. Jury members may, by simple majority vote, overrule any decision of the justice regarding ejection of individuals from the court. i. The Jury shall hear all testimony and view all evidence presented, may question witnesses concerning their testimony, and may request additional information from any source the Jury deems appropriate. j. The Jury shall first determine if the alleged actions violated the Law and then the facts of the case. After all evidence has been heard, the Jury may deliberate its final decision privately until a verdict is reached. They shall render their decision, verdict, or order concerning all aspects of the case as they deem just and proper. Convictions, tort verdicts and bad faith breach of contract verdicts shall be by unanimous Jury vote only; otherwise, the accused shall be acquitted. k. Penalty for the accused, if found guilty of a crime, shall be determined by the Jury by simple majority vote, the foreman not voting except in the case of a tie vote, except that the death penalty may be imposed only by a unanimous vote of the Jury and for a crime which resulted in the death of another individual or individuals. l. In any case, the Jury may by simple majority vote award monetary compensation against the accuser, paid to the accused, if the charges are found to be frivolous or malicious. Section 7. County (local government sector) Court Appeals a. Any individual found guilty in a county (local government sector) court may appeal that decision. b. Appeals must be filed in a county (local government sector) court in the same or adjacent Earth counties within thirty days of the previous Jury decision. No individual may be a juror on more than one trial of the accused for the same offense. If any of the courts of appeal find for the accused, no other action may be taken by any court for the same offense. c. The first appeal shall be a Jury review of the procedures to determine that all constitutional guarantees were observed. The first appeal Jury can only confirm the original verdict, reduce the severity of the sentence, or, if they determine that some violation of Rights or due process occurred, return the case to a different court for retrial under the same rules as the original trial. d. If an appeals court finds against the accused, a second or third appeal may be made by the accused to county (local government sector) courts in the same or adjacent Earth counties. The entire case shall be presented to juries using the same procedures as the original trial except that all decisions of the appeals juries shall be by simple majority vote, the foreman voting only in the case of tie votes. The decision of the third appeal is final. Section 8. No juror shall be tried for any decision rendered while serving on a Jury. Section 9. Writ of Habeas Corpus a. Any individual may petition any justice of any county (local government sector) court with a writ of habeas corpus on behalf of any individual whose liberty is restrained or denied. b. The request for writ shall be addressed by name or title to the individual holding the individual in question, and shall describe the individual being held by any means that will allow the individual to be identified. c. The request must show cause and sufficient evidence to warrant action on the writ and must be supported by confirmation of the content. d. The request for a writ of habeas corpus shall never be disregarded and shall be acted upon by the individual holding the individual in question with all haste and never later than eight hours after the request is presented. e. Any official who refuses to act on a Lawfully executed request for writ, who delays action on a Lawfully issued writ, or who is found to have aided or abetted another in such delay or refusal shall be held accountable under the Law. Any justice who is approached with evidence of such delay or refusal shall immediately issue a warrant for the arrest of the official in question. Article 2. Ratification for Establishment Between Mankind and Nations Section 1. The ratification of this Declaration by the proper representatives of each nation shall be sufficient for the establishment of this Declaration between the nations so ratifying the same. Section 2. This Declaration shall supersede any and all other constitutions, treaties, statutes, and any other form of rules, and shall be the supreme Law of the Land in effort to establish through the Jury that there is no higher Law in Earth other than the Common Law of God which is the Supreme Law of the Land. Section 3. Any man, woman and child living in Earth for 12 years or longer is qualified to sign this Universal Declaration of Proper County or Local Government, indicating their consent to its provisions and principles, reserving at all times their God-given Rights indicated in this Universal Declaration of Proper County or Local Government. We, the undersigned as individuals and, where applicable, as the representatives of our respective governments, hold that this Universal Declaration of Proper County or Local Government is a concise, if incomplete, statement of the Rights held by each man, woman and child, both born and unborn, at all times, and in all places. We, the undersigned, hold that this Universal Declaration of Proper County or Local Government is ratified voluntarily by the undersigned, and is witnessed by two witnesses. We, the undersigned as individuals and, where applicable, as the representatives of our respective governments, being of sound mind and body, hold that the Contract for establishment of this Declaration between ourselves is entered into by each of us, willingly and voluntarily, without coercion; competently and without limitation due to any mental or physical deficit on our part; knowingly, and with complete understanding of all the terms indicated. Moreover, each of us has caused consideration to be paid to the Free Independent Nations of Earth as described herein, to validate the contract and set it in force for each one of us. This contract takes effect at the moment it is sealed by the Secretary of the Treasury of the Free Independent Nations of Earth. Once this contract takes effect, foreign powers cannot Lawfully violate the provisions of this Declaration against those who have Lawfully ratified this Declaration.