Dear Reader,
FYI: The current draft of the 'Equitarian' 28th Article of Amendment to the U. S. Constitution/Bill of Rights, by the Equitist Advocacy group and Foundation Encyclopedia Dialectica, has just been posted to the www.dialectics.info Applications Page: http://www.dialectics.info/dialectics/Applications.html.
I have also pasted in the content of that draft below.
Regards,
Miguel
Draft*: Proposed Amendment XXVIII.
SECTION 1.
Enterprises which share
their ownership and profits by selling shares in their capital equity stock
shall be governed in accord with the principles of capital equity, including
the principle of stockholder democracy, on a one share, one vote basis. In particular, any political contribution
made by such an enterprise must be approved in advance by a vote of the
stockholders in which at least a majority of the stockholders vote in favor of
making that political contribution.
SECTION 2.
Each citizen of the
United States who is exposed to pollution and/or other kinds of externalities,
generated by the operations of one or more enterprises, public or private, that
impact that citizen’s district of residence to a material degree, at or above a
minimum Threshold set by the Amendatory Annex incorporated herein, shall be
considered to have thereby acquired an equal share in a public property,
designated herein as an Externality Equity. The exercise of this equity property shall be
by the periodic casting of votes, by that citizen, for the election, on a one
citizen, one vote basis, of mandated, term-limited, recallable Public Directors
-- of an odd number of at least five Public Directors for each such enterprise.
Each thereby resulting Board of Public
Directors of each such enterprise shall meet monthly, with the local management
of each such enterprise, to negotiate an annual Externalities Budget for that
enterprise, designed to optimize the local public impacts of the externalities
produced by that enterprise, and to monitor compliance with that Externalities Budget. This right, of Citizen Externality Equity,
shall apply severally to each enterprise impacting a citizen’s district of
residence at or above the legal minimum Threshold. Those Externalities that are still permitted
by an annual Externalities Budget of an enterprise shall be permitted in
exchange for an Externalities Fee, payable monthly, by that enterprise, to the
Board of Public Directors of that enterprise, and which Fee shall be
transferred in full, monthly, to the Citizen Birthright Equity General Fund
established by SECTION 4. If the
Externalities Budget negotiations deadlock, the Board of Public Directors that
is party to this deadlock shall appeal, for resolution, to the Tribunal for
Externality Equity. The costs of
operation of the Boards of Public Directors operating within each district of
residence shall be funded out of a municipal general fund, paid into by each
enterprise operating with above-Threshold externalities impact within each
given district of residence within that municipality, by means of an annual
Externalities Tax payable by each such enterprise. The annual operating budget of each Board of
Public Directors within a given municipality shall be decided by a majority
vote of the Directors of the Municipal Association of Public Directors, as
provided in SECTION 3, for the given municipality.
SECTION 3.
Each citizen shall
have the right to elect, on a one citizen, one vote basis, mandated,
term-limited, recallable Public Director members of Associations of Public
Directors whose jurisdiction is for geographical scales beyond that citizen’s
district of residence, at the municipal, county, state, regional, and national
scales. One Association Public Director shall
be elected for each Board of Public Directors in a municipality, for each
municipality in a county, for each county in a state, for each state in a
region, and for each region in the national union. This enumeration of Association Public
Directors shall be subject to the proviso that each such Association shall
consist of an odd number of Public Directors.
This odd number shall be secured by the addition of an at large
Association Public Director if the geographical units count for a given
Association of Public Directors is an even number. Each such Association of Public Directors
shall be elected by a majority vote of all citizens legally resident in the
geographical base of the geographical scale of jurisdiction of that Association
of Public Directors. Each such
Association of Public Directors shall be empowered to meet at least annually,
and to recommend coordinated zoning policies for the deployment of the entire
physical plant of society at the level of that Association’s geographical scale
of jurisdiction, including the deployment of enterprises, public or private,
and of public infrastructure. Each
Association of Public Directors shall forward said recommendations to each
Board of Public Directors, and to each Association of Public Directors, of all of
the smaller geographical scales within that Association’s geographical scale of
jurisdiction.
SECTION 4.
Each citizen shall
be assigned, from birth, and by right of birth, a Citizen Birthright Equity
property, in the form of an Individual Trust Fund, attached to the Citizen for
life, and created to serve as an individual social safety net for each such
Citizen. This socially-funded Individual
Trust Fund shall be funded, and restricted in its uses, in accord with the
provisions of the Amendatory Annex incorporated herein, and by Congress, in
law. The general uses to which the funds
of this Individual Trust Fund may be put include support to help meet the
individual Citizen’s needs for child care, education and training, unemployment
insurance, business formation, medical care, and first home purchase, and to
help compensate the victim or victims of that citizen’s actions in the event of
the criminal conviction of that citizen.
These Citizen Birthright Equity Individual Trust Funds shall be funded,
in part, by the Externalities Fees addressed in SECTION 2, by the Social Rents
addressed in SECTION 5, and by Congress, in law, from general tax revenues. Disputes involving Citizen Birthright Equity
Individual Trust Funds shall be resolved by appeal to a Tribunal for Birthright
Equity.
SECTION 5.
A mandated,
recallable National Custodian of Social Property shall be elected by majority
vote of the voting adult citizens, in elections coinciding with the elections
of the President, and for a term of four years.
The Custodian shall organize and maintain the Office of the Custodian of
Social Property. The duties of the
Custodian shall include the chartering of Social Banks, as provided in SECTION
7, the allocation of the annual National Investment Budget of the Office to
those Social Banks, the receiving and safekeeping of the monthly Social Rent
payments from non-Bank Citizen Stewardship Equity enterprises, and from other liable
enterprises, the receiving and safekeeping Technodepreciation Insurance
premiums from the same, plus from the other subscribing enterprises, the administering
Technodepreciation Insurance pay-outs, the carrying out orders for construction
of means of production plant and equipment in accordance with Social Bank
approved Business Plans of Citizen Stewardship enterprises, managing the
national Public Infrastructure Enhancement Program, and the national Basic
Research Program, and chairing the Monetary Commission, all in accordance with
the provisions of the Amendatory Annex, incorporated herein. The Monetary Commission shall be a body of ten
term-limited, mandated, recallable commissioners, elected every four years,
regionally, by majority vote of the voting adult citizens of each region, in
elections coinciding with the Presidential Elections. They shall meet monthly
to manage and regulate the money supply of the United States Dollar, as a
debt-free fiat currency. The Federal
Reserve Act of 1913, plus all subsequent Congressional legislation involving
the Federal Reserve System, are hereby declared unconstitutional and repealed,
replaced by the Monetary Commission of the Office of the Custodian of Social
Property. The annual National Investment
Budget of the Office of the Custodian of Social Property shall be financed, in
part, by the proceeds of the Social Rents, and also, in part, by Congress, in
law, from general tax revenues. That
National Investment Budget shall be allocated, geographically, in accordance
with the principle of Citizen Allocational Equity, such that the same per
citizen, per capita investment budget is allocated to each state, and
divided equally among the chartered Social Banks serving that state. This principle, of Allocational Equity, may
be suspended, temporarily, by a national referendum, and by majority vote of
the voting adult citizens of the United States in that referendum, in favor of
a disproportionate allocation of the annual National Investment Budget, for the
purpose of redressing past historical inequities, but for no more than a period
of eight years per referendum. Disputes
arising in the conduct of the Office of the Custodian of Social Property shall
be resolved by appeal to a Tribunal for Stewardship Equity.
SECTION 6.
Each adult citizen
of the United States shall have the right to organize, together with other such
citizens, a democratically self-managed Citizens Stewardship Equity
Collective. If the Bylaws and the
Business Plan of that Collective meet statutory requirements, as provided in
the Amendatory Annex incorporated herein, and by Congress, in law, and if the
members of the Collective successfully enlist one or more Social Banks to fund
their Business Plan, then they shall receive credits from that Social Bank, or
from those Social Banks, to procure the means of production physical plant and
equipment, and the other resources, as specified in that approved Business Plan,
from the Office of the Custodian of Social Property, or from other
providers. These developments shall
certify that Collective as a markets-competing Citizen Stewardship Equity
Socialized Producers’ Cooperative, establishing it as a going concern, provided
that the Citizen Steward members and Collective self-employees of this
Cooperative continue to abide by their approved Business Plan, and by any
Covenants agreed to with their supporting Social Bank(s), and that they
continue to maintain solvency in markets-competition with other Citizen
Stewardship Equity enterprises, as well as with Capital Equity enterprises. Each Citizen Steward member of a Stewardship
Equity Cooperative shall hold the means of production physical plant and
equipment, and the other resources, so granted to that Cooperative, as Social
Property, in Stewardship, and not as Private Property, nor as Personal
Property. Each such Citizen Stewardship
Cooperative shall pay a Social Rent on that Social Property, monthly, to the
Office of the Custodian of Social Property.
Each Citizen Steward member of a Citizen Stewardship Equity Cooperative
enterprise shall co-own that Cooperative, as an organization, distinct from its
means of production, as Individual Property, exercised as a right to vote on
all of the major decisions of that enterprise.
Citizen Steward members of such a Citizen Stewardship Equity Cooperative
enterprise shall enjoy two streams of income from participation in that
enterprise: compensation for time worked
in that enterprise, commensurate with their work skills, and an equal share in
the net operating surplus of that enterprise.
Any political contribution made by such an enterprise must be
approved in advance by a ballot in which at least a majority of the Stewards
vote in favor of making that political contribution. Disputes
arising in the conduct of this system of Citizen Stewardship Equity Cooperative
enterprises shall be resolved by appeal to the Tribunal for Stewardship Equity.
SECTION 7.
Each adult citizen
of the United States shall have the right to organize, together with other such
citizens, a democratically self-managed Social Bank Citizen Stewardship Equity
Collective, and to apply to the Office of the Custodian of Social Property for
a Social Bank charter, and for a share in the National Investment Budget of
that Office. If the Bylaws and Business
Plan of that Collective meet statutory requirements, as provided in the
Amendatory Annex incorporated herein, and by Congress, in law, and if an
unallocated National Investment Budget share is available for the geographical
district of operation requested by this Social Bank Collective, then this
Collective shall receive the credits necessary, per its Office-approved
Business Plan, to render it a chartered Social Bank going concern, provided
that it maintains its solvency in competition with the other Social Banks established
in its geographical district of operation, competing to find and fund qualified,
successful Citizen Stewardship Equity enterprises, in return for a share in the
Social Rents paid by those enterprises.
SECTION 8.
A geographically
nested system of special tribunals, consisting of five justices for each
geographical scale of tribunal jurisdiction, shall be established to resolve
disputes arising in the conduct of the provisions of this article of amendment,
and of the Amendatory Annex herein incorporated. Ultimate review of the decisions of these
tribunals shall be by direct appeal to the Supreme Court of the United
States. The mandated, term-limited, recallable
justices of these tribunals shall be elected, by majority vote of all adult
citizens voting, for terms of eight years.
Their time of election shall coincide with that of the President. Any justice of these tribunals may be caused
to stand in a recall election, by a recall Citizen Petition including the
signatures of at least twenty per cent of adult Citizens legally residing in
the district of jurisdiction served by the tribunal of which said justice is a
member. A justice shall be recalled from
that bench if a majority of voting citizens so vote in such a recall election.
SECTION 9.
Congress shall have
the power to enforce, by legislation, all of the provisions of this article of
amendment, provided that such legislation is in accordance with the full provisions
of the Amendatory Annex incorporated herein.
_______________________________________________________________________________________________________________
*[The current draft of the
'Amendatory Annex' will be revised to bring it into accord with this new, 01 Dec. 2016 draft of the 28th amendment.].
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