These Orders require that all branches of Government shall participate expeditiously and cooperatively to implement the Amendment. They include the three branches of the federal Government, all State Governments, and all local Governments. If one branch can accomplish what another fails, they must take up the unfulfilled responsibility.
Constitution Orders Fulfilled
When the People vote by Direct Initiative that the Governments have fulfilled the Orders, their function is complete. A Constitutional Amendment may repeal them to rationalize the Constitution.
This is a draft document subject to changes: suggested by the People, then by State Initiatives and Legislatures, and finally by a Limited Article V Convention of the States.
This preface, article titles and numbers, and explanations are not part of the Constitution Orders.
Ensure that law enforcement Agencies detect and gather evidence of violations of the gag order and of attempts to tamper with the IQA, its Members or families, IQA information, website, and communications. Exploit all legal means including periodic sting operations.
Explanation of Law Enforcement
Layered protection against tampering will make attempts less likely.
The employer of an IQA Member shall provide time away from their work in order to attend IQA Sessions (or care for children under six years old or disabled while the spouse who normally performs this function must attend the IQA). The employer (or an employer of the spouse of a Member if they have children under six years old and not in primary school, or disabled) shall continue their employment benefits during their term on the IQA. In computing benefits, time spent on IQA business shall be regular working time. The employee must return to work for any reasonable time the IQA releases them. Employers shall take no adverse employment action against employees due to service as an IQA Member. If their job function changes by mutual consent to accommodate IQA duty, the Employer shall reinstate the original job function and remuneration at the end of their term as an IQA Member.
Explanation of IQA Members’ Employer
The objective is to minimize a Member’s personal disruption caused by IQA attendance.
Fund the IQA as an entitlement of the People. Appropriate the annual budget for the IQA. The budget for the first year is $90 million, for the second year it is $75 million including start-up costs, and for subsequent years $60 million (unless the IQA gets approval for a different annual budget by Direct Initiatives.)
Explanation of Fund IQA
The U.S. Government can be given no economic control over the IQA; otherwise, it could leverage the economic control into political control. The threat is real since it is used extensively between Congress and the President.
IQA privacy enforcement shall punish violations of the IQA gag orders, privacy, or tampering with the IQA or IQA Members or their families. A violation shall be a felony under the jurisdiction of the Federal Courts. Officers and directors of any organization shall be personally and corporately liable for failure to safeguard against violations by reasonable due diligence. The minimum penalty for each offense is ten days and the maximum is ten years in federal penitentiary plus a maximum fine of ten percent of net individual and/or organization assets.
Explanation of IQA Privacy Enforcement
The punishments are substantial. The objective is to discourage violators before they start. For comparison, refer to the laws on DVD copyright infringement, where the crime is a federal felony investigated by the FBI. Citizens face a maximum $250,000 fine plus five years in federal penitentiary.
The Members must be vigorously protected from tampering and media interference. Special interests and other potential violators will often hide behind corporate shields, which must be penetrated for effective enforcement. Violators may be very wealthy and many organizations carry Officers and Directors insurance. Consequently, a fine based on simple fixed maximum amount is not a significant deterrent. Mandatory goal time, against which insurance cannot protect, and fines based on net worth are appropriate and efficacious.
Prevent Initiative Rights Abuse by Citizens or organizations who propose initiatives, especially where their abuse attempts to clog or confuse the system with publication of an excess of proposed initiatives or comments on proposed initiatives initiated by themselves or through their surrogates are subject to punishment. The maximum penalty is one year in federal penitentiary plus a maximum fine of five percent of net individual and/or organization assets.
Explanation of Prevent Initiative Rights Abuse
If unconstrained, a malicious group of wealthy persons could arrange to propose many trivial or offensive initiatives. The punishment has to be sufficient to forestall this type of abuse
IQA members evading duty shall be punished. These include evading Members whom the lottery has selected to serve in the IQA and who a Federal Court has not excused, who fail to perform, who refuse or hide from their citizen’s duty, who are absent without leave, or whom the IQA dishonorably discharge. The penalty is a maximum of three months in federal penitentiary plus a maximum fine of five percent of net assets.
Explanation of IQA Members Evading Duty
The laws shall punish Citizens who the lottery has selected to serve in the IQA and who a Federal Court has not excused, who fail to perform, who refuse or hide from their citizen’s duty, or whom the IQA dishonorably discharge. The penalty is a maximum of three months in federal penitentiary plus a maximum fine of five percent of net assets.
Proposed Initiative copyright is not enforceable against the IQA, IQA Members, the United States Electorate, or the United States Government once the Initiative authors publish the Initiative or cause it to come to the attention of the IQA.
Resolve jurisdiction issues to implement a gag order and secrecy order to protect the confidentiality of the IQA’s deliberations, each Member’s privacy, and their family’s privacy. These orders shall extend to protect ex-Members while the Electorate has still to vote on the ex-Member’s Initiative efforts for a minimum of two years and a maximum of five years. The orders shall not limit IQA and IQA Members’ access to published materials. The orders shall exclude Materials published by the IQA. Where applicable, the orders shall use the Federal Grand Jury system and Federal Rules of Criminal Procedure as minimum standards. Coordinate the penalties with those for tampering with the IQA, Members, or family.
Explanation of Resolve Jurisdiction Issues
Inter-governmental jurisdictional disputes might stall convocation or harm the formation of the IQA.
Excessive hardship, proven before an expedited hearing in a United States Federal Court nearest the citizen’s residence, may excuse an IQA Member from duty. Failure to fulfill the duty shall be contempt of that court. The Courts shall consider excuse guidelines prepared by the IQA.
Explanation of Excessive Hardship
Excessive hardship excuse should only be given in genuine cases. The current ease of avoiding jury duty cannot carry over to IQA Members.
Information access shall be provided to the IQA by all branches of Government, with prompt free equal access to their libraries, collections, information, and data, both hard copy and electronic, unless for valid non-trivial reasons of secret classification.
Explanation of Access Information
Access to all necessary information is essential to the IQA’s function.
Election ballots shall include all Initiatives and fund the costs from existing sources including the cost of printing a pamphlet describing the Initiatives and distributing the pamphlet with other voter information. Voters shall cast their votes and election official shall count the votes in a manner similar to those used for candidates for the United States House of Representatives.
Explanation of Election Ballots
Lest anyone try to subvert the nationwide Initiative process by omitting Initiatives from the ballot, the process must be defined to occur with other ballot processes.
Processing requests from the IQA shall be prompt. The IQA shall be promptly informed if the requested party decides or intends not to process a requests for advice or opinion, otherwise the advice or opinion shall be in writing, freely given, and provided in a timely manner. The Senate, the House of Representatives, the President, and the Supreme Court shall each send to the IQA brief timely written opinion on Candidates Initiatives. The IQA will include these opinions with each Candidate Initiative for the Electorate’s guidance.
Explanation of Processing Requests
The IQA should seek advice and opinion from government. If it will not be forthcoming, the IQA must be informed so it can proceed without it.