Constitution for the Republic of North Carolina Preamble We, the people of North Carolina, invoking the blessings of God our Creator, do ordain and establish this constitution. Article I Declaration of Rights Section 1. All political power is inherent in the people, and all governments exist by the will of the people. The people of North Carolina retain the right of altering, reforming, or abolishing their government in any manner they believe proper, at any time. Section 2. The people have the unrestricted right to freedom of religion or philosophy. Section 3. The people have the unrestricted right to manufacture, sale, purchase, own, use, store, transport, or carry any arms, parts, accessories, or ammunition of any description, and the right to assemble to train with such arms for the individual or collective defense of life, liberty, or property. Section 4. The people have the unrestricted right to freely associate or assemble. Section 5. The people have the unrestricted right of privacy that shall only be violated after due process of law. Section 6. Every individual has the unrestricted right of liberty, which is the unrestrained exercise of free will which shall never be infringed provided the exercise thereof does not violate the rights of any other individual. Section 7. Every individual’s body, life, labor, ideas, thought, and possessions that the individual has lawfully created or acquired are that individual’s property. Every individual has the inherent right of the ownership, non-coercive acquisition, and use of property. Section 8. All rights are retained by each individual and shall never be denied, infringed, or violated in any way except in the sole circumstance of conviction of a crime or tort by due process of saw as defined in this constitution, and then only as directed in the particular case. Article 2 Limits of Government Section 1. Government has no inherent rights or powers, neither implicit nor explicit. This constitution assigns certain functions to the artificial entities called governments created by this constitution and authorizes those artificial entities to take certain actions necessary to accomplish the assigned functions. No national or county government entity or official shall assume any function or authorization not specifically assigned or authorized by this constitution. Section 2. Government shall never infringe the rights of individuals nor modify any governmental processes, duties, responsibilities, or form of government as specified in this constitution. Section 3. Government shall never operate outside the limits of a budget, which shall never exceed ninety percent of the revenue collected the previous year. Section 4. Government shall never grant monopolies or perpetuities nor in any way restrict or control the free flow of trade within or across the geographical boundaries of North Carolina. Section 5. Government shall never restrict individuals from assembling to train with arms for the individual or collective defense of life, liberty, or property. Section 6. Government shall never restrict nor control the manufacture, sale, purchase, ownership, use, storage, transportation, or carrying of any arms, accessories, or ammunitions. Section 7. Government shall never issue charters, licenses, certificates of competency, or any form of recognition of registration for any organization or individual. Section 8. Government shall never promote, control, nor interfere with any religious or philosophical organization or activity. Section 9. Government shall never restrict nor control the free flow of ideas using any present or future form or medium of expression. Section 10. Government shall never invade the privacy of any individual without due process of law Section 11. Government shall never operate, own, control, or fund any means of education not specifically related to performing the functions of government authorized by this constitution. Section 12. Government shall never infringe the right of free movement of individuals within or across the geographical boundaries of North Carolina. Section 13. Government shall never borrow money nor pledge the assets of individuals or non-government organizations. Section 14. Government shall never offer nor provide gifts, subsidies, or assistance of any kind to any individual, group of individuals, organization, or nation. Section 15. Government shall never accept gifts, subsidies, or assistance of any kind from any foreign governments, organization, or nation. Section 16. Government shall never issue currency nor cause currency to be issued. Section 17. No organization established, controlled, employed, or enabled by government shall violate any part of this constitution. Section 18. Government shall never own title to any real property that is not specifically authorized by this constitution. Section 19. Government shall never restrict individuals from freely associating or assembling. Section 20. Government shall never extend payment, credit, gifts, subsidies, endowments, retirement benefits, or anything else of value or worth to any individual beyond the time of actual service to the government in whatever capacity. Section 21. Government shall never impose taxes except those expressly permitted in this constitution. Section 22. Government shall never own subsurface water or unprocessed minerals of any sort. Section 23. Government shall never own methods of extracting any mineral, including water, from its source. Section 24. Government shall never regulate the use of publicly owned rights of way. Section 25. Government shall never impose emergency powers or suspend any part of this constitution, neither in time of war or for any other reason. Article 3 The Law Section 1. Common law is defined as Biblical law (both Old and New Testament). Case law may be considered as Common Law only if it conforms to Biblical Law. Section 2. A crime is any action taken by a individual wherein the individual intentionally initiates physical force, fraud, or theft which results in damage to another individual or damage or loss of another individual’s property without the consent of that individual; or an action taken by a government official in violation of this constitution. Section 3. Tort is an unintentional action that results in damage to another individual or damage or loss of another individual’s property. Section 4. No body of law other than the law defined in this constitution has any force or effect on anyone on or under the soil of North Carolina, on or in the waters of North Carolina, or in the airspace of North Carolina unless all parties to an action have previously, knowingly, voluntarily, and intentionally agreed to that body of law by contract. Section 5. The obligation of contracts shall not be impaired provided only that all parties to the contract entered the contract knowingly, willingly, and voluntarily. Section 6. Except in the case of a crime in progress, no individual may be detained, imprisoned, nor held against his or her will in any manner, unless a lawfully executed warrant specifying the charges has been issued in accordance with this constitution. Article 4 County 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 randomly selected jury of twelve other individuals; 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 to at least three other county courts in the same or adjacent North Carolina counties. Section 2. No individual shall be forced to testify. Litigants may appear in person or may be represented by counsel of their choosing as long as said counsel is not and never has been a member of any county, state, national, or international bar association. Section 3. Each county shall create and maintain at least one county court. Counties may create and maintain additional county courts as necessary. Section 4. County courts have original jurisdiction for all cases involving the violation of rights of any individual, for all torts, and for extradition requests. Complaints must be filed in a county court within the precinct or county where the alleged offense occurred or where the subject or the extradition request is currently located. The Law to be administered by the courts shall be as defined in this constitution. County courts have no jurisdiction over contract disputes except those involving bad faith breach of contract. All other disputes shall be resolved as stated in the contract. Section 5. County courts have jurisdiction for all crimes after indictment by a grand jury. Section 6. Grand Juries. a. Each county shall have at least one grand jury of twenty-three (23) North Carolina citizens living in the county. b. Jurors shall be chosen at random with compensation and terms of service determined by the county government. c. Prior to seating, each juror shall be required to make the following oath or affirmation: “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 oath or affirmation, 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 clerk or appointed deputy shall record grand jury proceedings, which shall be closed to all except witnesses called by a grand jury. h. The grand jury shall hold a hearing on each complaint no later than sixty (60) 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 affidavit supported by oath or affirmation 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. 3) All decisions of the grand jury shall be by majority vote, the foreman voting only in the case of a tie vote. Section 7. County Court Juries. a. All county court proceedings shall be open to the public; b. A jury pool of no fewer than twenty-four North Carolina citizens living in the county where the court is located shall be chosen at random. Compensation and terms of service for the county government shall determine jurors and jury pool members provided that jurors serve for a minimum of one case. 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 manes shall be drawn for a panel of twelve and two alternates. Any member of the jury pool scheduled to participate in a trial for which a jury is being selected shall be excluded from the jury for that trial; 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 accuser. In the event that a juror is removed, an alternate juror shall be impaneled. e. Prior to the seating of each juror, the juror shall be required to make the following oath or affirmation: “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 oath or affirmation, 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 or 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 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 in 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. Conviction shall be by unanimous jury vote only; otherwise, the accused shall be acquitted. Tort verdicts must be by majority vote, the foreman not voting except in the case of a tie vote. k. Penalty for the accused, if found guilty of a crime, shall be determined by the jury by majority vote, the foreman not voting except in 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 majority vote award monetary compensation against the accuser, paid to the accused, if the charges are found to be frivolous or malicious. Section 8. County Court Appeals. a. Any individual found guilty in a county court may appeal that decision. b. Appeals must be filed in a county court in the same or adjacent North Carolina counties within thirty (30) 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 jury review of the procedures to determine that all constitutional guarantees were observed. The first appeal can only confirm the original verdict, reduce the severity of the sentence, or, if they determine 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 courts in the same or adjacent North Carolina 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 majority vote, the foreman voting only in the case of a tie vote. The decision of the third appeal is final. Section 9. If evidence is later found that shows the accused is innocent, the justice, prosecutor, witnesses for the prosecution, and the jury shall suffer the same punishment as the accused. Section 10. Writ of Habeas Corpus. a. Any individual may petition any justice of any 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 oath or affirmation 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 twenty-four 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 5. National Government Part I National Courts Section 1. the judicial duties of the national government shall be vested in one supreme court and in one district court per district. The national courts shall only hear cases concerning international treaty disagreements public officials, military or maritime issues, internal government disputes, or disputes between county governments. The trial of government officials in a national level court shall not prevent their trial in a North Carolina county court for the same offense. Section 2. Justices shall serve four year terms, with compensation to be determined by the Executive Council and confirmed by sixty-seven county governments. Compensation for justices shall not be changed during the term in which they were elected. Section 3. North Carolina shall be divided into convenient judicial districts, not less than twenty nor more than fifty, concurrent with existing county lines. A justice shall be elected by ballot of the qualified voters of each district. Each district justice shall reside in the district and hold court at the designated district seat which shall be determined by the county governments in the districts. Section 4. One clerk shall be elected for each district court, to be elected at the same time and serve the same term as the district justice. The district clerk’s duties and compensation shall be determined by the Executive Council and confirmed by sixty-seven county governments. Section 5. District Court Trials a. Litigants in district courts may elect to have the justice hear and decide the case or they may exercise their right of a trial by jury. The right of a jury trial by either party takes precedence over the option to waive the right by the other. b. Jury trials shall be conducted by the same rules of proceedings as the North Carolina county courts. c. The district courts shall contract with private or county penal facilities to satisfy judgements of incarceration. Section 6. The supreme court shall consist of a chief justice and twelve associate justices. Three-fourths of the associate justices and the chief justice shall constitute a quorum to proceed. All members voting on each case shall place their handwritten signature on the decision with their vote. Section 7. The chief justice of the supreme court shall be appointed by a two-thirds vote of the district judges. The chief justice shall have no other official duties, shall hold office for four years, not to exceed his elected term of office, shall vote only in the case of a tie vote among the associate justices. Section 8. The supreme court shall have exclusive appellate jurisdiction for district court cases only. Decision of the supreme court shall be conclusive within the limits of North Carolina. The supreme court shall hold its sessions quarterly, at such times and places as may be fixed by the Executive Council by a simple majority vote. All cases shall be decided by no less than a two-thirds majority of the voting members or the supreme court. No associate justices shall sit on a case heard by them in any district court. Section 9. Complete records of every court proceeding shall be made publicly available immediately after filing in an easily searchable form and shall be open for public inspection.. Records shall filed within thirty days of completion of each court proceeding. Section 10. National courts are authorized to establish procedures, rules, and regulations only for the administration and implementation of their duties. All court proceedings shall be open to the public at all times. Section 11. National government courts shall maintain and operate facilities to perform duties specified by this constitution and shall prepare annual budgets which shall be presented to the county governments for approval or rejection by a simple majority of counties. Part II. National Executive Council Section 1. The President, Vice-President, and Treasurer shall comprise the National Executive Council. Section 2. The office of president shall be limited to the following: a. conduct treaty negotiations and ambassadorial functions with foreign governments. Treaties shall never affect any individual within the geographical boundaries of North Carolina. b. Submit proposed treaties to the county governments for approval or rejection by at least sixty-seven counties. c. Organize and maintain voluntary national defense forces with advice and concurrence of the county governments. The president shall call the national defense forces into action only in defense of the nation against armed aggression by a foreign power. The president shall coordinate the actions of the national defense forces with county defense forces and private militia. At no time shall county defense forces or private militia be considered to be under the command or control of the president or the national defense forces. d. Declare war only upon armed invasion or blockade by a foreign power. Section 3. The office of vice-president shall be limited to the following functions: a. Server as president in the absence of the president. b. Maintain and publish official records of all National Executive Council proceeding. c. Operate and maintain physical facilities for official functions of the National Executive Council. d. Issue foreign travel documents on request of any North Carolina citizen and maintain records of same. Section 4. The office of treasurer shall be limited to the following functions: a. Receive and disburse funds to support constitutionally authorized national government functions. b. Maintain accurate and timely records of national revenue collections, expenditures, and disbursements. c. Serve as president in the absence of the president and vice-president. Section 5. The National Executive Council shall prepare and submit an annual budget to the county governments for approval or rejection of sixty-seven counties. Section 6. Financial compensation for executive officers shall be determined by a majority of the county governments. Such compensation shall not be changed during a single term of office. Section 7. National Executive Council officers must be North Carolina citizens and be at least thirty years of age. Section 8. National Executive Council officers shall be elected by qualified voters in a national election to a term of six years, and shall be ineligible to hold any national government office after two terms. Section 9. The National Executive Council is authorized to establish procedures, rules, and regulations only fo the administration and implementation of their official functions. Section 10. North Carolina Protection Corps a. The National Executive Council shall organize and maintain a corps of officers called the North Carolina Protection Corps. The corps shall consist of no more than 150 individuals. b. North Carolina Protection Corps shall be nominated by the president, cofirmed by the county governments, and commissioned by the president. c. North Carolina Protection Corps shall provide physical security for the president, vice-president, and treasurer. d. North Carolina Protection Corps shall maintain investigative services for use only as requested by grand juries. Article 6 Powers Granted to County Governments Part I Section 1. The counties shall be authorized by this constitution to: a. with the approval of two-thirds of all qualified voters casting ballots in an election, establish, operate, and maintain water and sewer systems to be paid for through user fees by those who voluntarily choose to use the services. b. Organize and maintain voluntary county defense forces. The county government shall call the county defense forces into action only for the defense of the county or nation against armed aggression. The county government may coordinate the action of county defense forces with national defense forces, the defense forces of other counties, and private militia but shall remain in full control of their own count defense forces. At no time shall private militia be considered to be under the command or control of the county or the county defense forces. c. Establish rules of and maintain and publish all records of official proceedings. d. Operate and maintain facilities of county government use. e. Conduct elections as authorized by this constitution. f. Maintain existing publicly owned rights of way which do not exceed the boundaries of the county. g. Maintain county court systems. h. Determine the appropriate location of county courts and the number of justices and clerks necessary to secure due process of law for all individual. i. With the approval of two-thirds of all qualified voters casting ballots in an election, fund the operation and maintenance of penal facilities. j. Establish procedures for the collection of revenues authorized by this constitution. k. Approve or deny annual budgets submitted by all county officers. l. Recommend financial compensation for grand jurors, county court jurors, and elected officers for a period of no more that two years. Compensation may only be implemented upon approval of two-thirds of all qualified voters casting ballots in an election. The election ballot must specify names of officers, offices they hold, the recommended compensation for each officer, and the rate of compensation for jurors. m. The county government shall prepare an annual budget based on a twelve-month calendar year. The amount of expenditures for any budget year shall not exceed ninety percent of the revenue collected for the previous budget year. An auditor shall be appointed, through an annual competitive sealed bidding process, to prepare and present to the county government a comprehensive financial audit of all county revenues and expenditures no less than once every twelve months. n. The county government may create additional precincts or alter the boundaries of precincts upon approval of two-thirds of all qualified. o. The county government shall determine and approve the appropriate number of deputies to assist elected officials. p. The county government may authorize the staffing of offices. Part II The following are powers of the counties that effect the national government: a. by convention of the counties establish appropriate regulations for the control of government agents or agencies in the maintenance of those existing publicly owned rights of way which extend beyond the boundaries of any one county. This authority for maintenance is strictly limited to those publicly owned rights of way existing at the time of ratification of this constitution. There shall be no authority to regulate the use of publicly owned rights of way. b. Approve or reject treaties as proposed by the president by sixty-seven counties. c. Confirm or deny appointments by National Executive Council officers by sixty-seven counties. d. Terminate or extend presidential declarations of war within twenty and every six months thereafter. A clear majority of counties is all that is required. e. Approve or deny annual budgets submitted by the National Executive Council and the national courts by sixty-seven counties. f. Authorize the National Executive Council to purchase real property in foreign nations for embassy use only, with the title to be held in the mane of the Republic of North Carolina. g. Foreign governments may own on more than ten acres of real property within North Carolina, to be used only for embassies, and only with the express permission of the county in which the real property is located. Part III. Nullification Any national act or decision may be declared null and void by independent action of ten county court juries. Article 7 Elections Section 1. Qualified voters in North Carolina elections shall be North Carolina citizens who have attained the age of eighteen years of older. Section 2. Elections for officers of the national and county governments shall be held every two years. Section 3. The county recorder shall conduct elections according to standards established by the counties. Article 8 Funding of Government Section 1. County governments may raise funds by any method that is advertised as, and is in fact, strictly voluntary for all parties. Section 2. County governments shall retain eighty percent of revenue for funding county government functions. Section 3. Count governments shall disburse twenty percent of revenue to the National Treasurer for funding national government functions. Section 4. The national government may lay and collect an import/export tax on all goods imported to or exported from North Carolina. This tax may not exceed one percent of the total value of the goods. Article 9 General Provision Section 1. National and county governments are authorized to retain title to publicly owned rights of way which exist at the time ratification of this constitution. Section 2. The national government is authorized to retain title to those lands and buildings constituting Capitol Square in Raleigh, North Carolina at the time of the ratification of this constitution. Section 3. County governments are authorized to retain title to the lands and buildings constituting the county courthouse grounds at the time of the ratification of this constitution. Section 4. Title to other lands and buildings may be held by county governments upon the approval of two-thirds of the voters of that county provided that the total of all such real property does not exceed one percent of the total land area of the county. Section 5. A North Carolina citizen is an individual who voluntarily declares citizenship provided that: a. the individual was born on the soil of North Carolina; or b. at least one of the individual’s parents was/is a citizen of North Carolina; or c. the individual has lived in North Carolina for not less than twelve consecutive months; and d. the individual is not and never was a member of and county, state, national, or international bar association; and e. the individual is not and never was a willing participant in the Federal Reserve System; and f. the individual does not and never did claim any title of nobility or honor. Section 6. North Carolina boundaries shall be the same as recognized since the American Revolution. Section 7. New territory may be annexed to existing North Carolina boundaries by treaty when approved by at least 67 counties. Section 8. The National Executive Council, with approval of the effected counties, is authorized to purchase or retain title to real property for the use as military installations provided that the total of all such real property does not exceed one-half of one percent of the total land area of North Carolina. Section 9. Each officer elected or appointed or any agent of government shall be a North Carolina citizen, shall hold no citizenship in or allegiance to any other nation, and shall affirm the following oath of office: “I, (full name), being fully aware of the consequences of exceeding the authority of my office and being a North Carolina citizen holding allegiance to no other nation, do solemnly affirm that I will adhere to the North Carolina constitution in its entirety, and will perform the function of the office of (name of office) to the best of my abilities.” Any officer or agent of government who does not sign and file the oath for public record with the county recorder within ten calendar days following the administering of the oath shall be denied the appointment or election. Section 10. Government shall pay its obligations using gold and silver at fair market value; or drafts on accounts containing sufficient amounts of such to cover the total amounts of all outstanding drafts. Section 11. Words used in this constitution are defined in Webster’s New Universal Unabridged Dictionary, based on the Second Edition of the Random House Dictionary of the English Language, the Unabridged Edition, copyright 1993, 1987; copyright 1996 by Random House Value Publishing, Inc; published 1996 by Barnes & Noble Books, ISBN 0-7607-0288-8. Article 10 Ratification Section 1. The North Carolina Constitutional Convention secretary shall prepare a formal notification of the completion of the new constitution to the State of North Carolina Secretary of State. Upon approval by the convention, the notification and the constitution shall be signed by all delegates present. The notification and a copy of the adopted constitution shall be delivered personally by officers of the North Carolina Constitutional Convention. Section 2. The constitutional Convention shall appoint twelve North Carolinians to the North Carolina Constitution Ratification Committee (NCCRC). Which shall be responsible for ensuring the lawful and peaceful ratification of this constitution.