Provisional Constitution for Puerto Rico, 2014

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The proposed constitution, which is available in English and Spanish, is an imperfect document. I am a constitutional enthusiast, not an attorney, and I expect there will be many more revisions. However it is a starting place and includes both my economic plan and a timeline for the creation of a permanent constitution.

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  • Provisional Constitution of the Republic of Puerto Rico

    We the people of Puerto Rico, in order to exercise our right of self-determination and to preserve

    for ourselves, our children and our posterity the blessings of liberty and justice, do proclaim our independence from the United States of America and ordain and establish this provisional constitution of the Republic of Puerto Rico.

    Article I Establishment

    The Republic of Puerto Rico is established by the people of Puerto Rico upon this declaration which shall take effect at 12:00 noon on the 23rd day of September 2016 if sufficient signatures are acquired or otherwise declared.

    The Republic is established on the principles of individual liberty, that all may pursue happiness in their own way; and free market capitalism to be run as a corporation with the intent of creating wealth to eliminate all forms of taxation and end poverty and provide prosperity for our citizens.

    The Republic claims no authority over individuals save what is specified within this document, and exists to defend the rights of individuals, defend liberty and the free market and seek to explore the horizons of space, science and knowledge. Puerto Rico declares itself a neutral country in all international conflicts except as determined by treaty of recognition with the United States.

    The Republic is established in the entire island of Puerto Rico and all territorial and adjacent waters, islands and airspace that currently exist within the Commonwealth of Puerto Rico and as claimed by the United States over the current territory, including a 200 mile economic exclusion zone except where that zone interferes with other nations right to territorial and contiguous waters. The provisional government will be established as detailed in this constitution; for the purpose of continuity and will carry out a constitutional convention and referendum within 6 years of establishment.

    The Republic assumes all government authorities previously held by the Government of the United States and the Commonwealth of Puerto Rico and their agencies within the territory of Puerto Rico. All properties and monies held by the Commonwealth and properties of Federal Government in Puerto Rico become property of the new government or as detailed in the treaty of recognition.

    The Puerto Rico National Guard and all subordinate or companion agencies and all reserve components and state guard become part of the national defense of the new country. This includes all military equipment and properties held by the U.S. Defense Department and all law enforcement agencies.

    All legal residents of Puerto Rico and those born on the island or born with at least one naturally born Puerto Rican parent are granted citizenship in the new Republic. Continuation of American citizenship will be determined by treaty with the United States, but the new government will recognize dual citizenship with the United States only.

  • Article II- Bill of Rights and Responsibilities

    Section I As explained in Ramn Emeterio Betances The ten commandments of free men, each citizen

    of the republic shall be guaranteed basic civil rights as they are natural rights that all free men and women possess.

    (1) Freedom from slavery or involuntary servitude except as a consequence of a conviction.

    (2) The right to vote on all laws and impositions for those not incarcerated or who from previous conviction have lost such right.

    (3) Freedom of religion, in thought and practice (4) Freedom of Speech (5) Freedom of the Press (6) Freedom of trade and private property (7) Freedom to assemble peaceably and petition the government for redress of

    grievances. (8) The right to keep and bear arms and self defense (9) The inviolability of the citizen (10) The right to vote for the elected leaders of the country.

    Further, each citizen is guaranteed the following, also as natural rights of free men and women: (1) The right of self-ownership and to choose their life and lifestyle and make end of

    life decisions. (2) The right to be equal under the law based on faithful citizenship and no other

    factor. (3) The right of privacy in ones personal affairs and effects and the right of abortion.

    This includes the fundamental right of choice. (4) The right of free association with others and freedom not to associate (5) The right of parenthood, that all children are wards of their parents and not the

    state. (6) The right of the people to be secure in their persons, houses, papers,

    communications, electronic devices and effects, against unreasonable searches and seizures.

    (7) The right to own private property and the right not to have private property seized without just cause and compensation and never for the profit of others.

    (8) The right to a speedy trial by jury and protection from self-incrimination. (9) The right to be free from double jeopardy in criminal and civil cases and that no

    civil case involving a crime may proceed unless a conviction is achieved, except in cases of criminal or professional negligence or violations of civil defense.

    (10) The right not to be imprisoned for debt except a debt to the government or for the compensation payment of a crime for which the person was previously convicted.

    Section II Citizenship

    All persons naturally born within the republic to legal residents or citizens are considered citizens of this country. All citizens should to provide a minimum amount of part-time service to the republic at minimal or no pay to help reduce the cost of government. This service may be in the form of military, police, disaster or civilian services as determined by law.

    Those completing service will be compensated with shares of the national trust, with those serving under fire, in dangerous occupations or in the military or police receiving two shares for each one assigned to those not serving in dangerous positions. Participation in the trust is voluntary.

    Those who do not fulfill the service requirement; who have not receive a waiver for physical or mental disability or age, may not vote in any election or matter affecting the national trust or its officers, but may vote in all other matters. Those not fulfilling their obligation or who by conviction have lost rights

  • to their shares or credits for service shall not be paid from the national trust or any other government program. No immigrant may become a citizen without completing service.

    Rules governing service, citizenship and immigration will be prescribed by the Governing Board. At the establishment, the Governing Board may approve or assign or choose to prorate credits for those persons of advanced age or incapacitation who are present at the time of the creation of the new country or who by previous service are deemed to have fulfilled the service mandate.

    All those who assist in the establishment of the Republic shall be considered full citizens at independence and receive full credit for that service. Those assisting with independence who have prior criminal records, history or registration requirements shall be considered to have been pardoned for all previous acts and will be considered equal and full citizens.

    Compensation will be established for the families of those who lose their life or for those who suffer serious injury or illness caused by service in the creation of the republic or who are disabled or dies in service at any time in the future.

    Persons may immigrate to the country and become citizens upon completion of mandatory service which may be longer for immigrants (but never shorter) and determined by law. Those in the country illegally or born to those who are in the country illegally are not citizens, nor may they be granted citizenship. All immigrants must either be employed before arriving, employed within 90 days of arriving or prove their capacity to care for themselves or have a sponsor who agrees to ensure they are cared for. It is considered fraud to falsify the financial ability to sponsor an immigrant or to lie on an application or any immigration or service document.

    Those who sign this Proclamation and swear an oath to it will be granted eighteen months (18) to establish residency in the new Republic after independence to be considered an original citizen. However, if they did not serve in the creation of the republic, they will be required to fulfill the minimum service requirement in order to become full citizens.

    Liberty and Responsibility

    Liberty is an individual right, not a collective right, it may not be voted away. The individual is

    responsible both for their choices and actions and the actions they fail to take. Liberty cannot exist without free choice among multiple options; however, government is not in place to provide all of those options, only to protect the right to make such choices. Government may regulate and issue warnings as needed, but not prohibit nor regulate to the state of effective prohibition what individuals may freely choose eat, drink or ingest. Regulatory limits may be placed on drugs and chemicals only if they represent a direct, immediate or serious threat to public safety; based on actual comparative science of other activities that threaten equal or worse harm.

    If a person chooses to participate in an activity and then changes their mind, it is incumbent on that person to remove themselves from that situation. Others may not be held responsible for another persons choices; nor can normal human interaction be considered a crime. Actions taken or activities engaged in while under the influence of intoxicating substances are the responsibility of the first person, if they freely ingested those substances. Citizens exercising their right to keep and bear personal arms must be trained in weapons safety and use and must provide a minimum amount of service in either the auxiliary police force or military reserves if they are under the age of 40. Felons, or those engaged in criminal activity or sedition or treason may not bear arms. Government may place limits on access to and possession of; high explosives, chemical, biological or nuclear materials or any weapons that threaten similar harm to the general public. Access to legal weapons shall not be hindered by excessive fees, administrative or legal procedures. Access to arms may be limited to those persons with serious mental illnesses, but not to those with minor illnesses like depression.

    Ignorance of the law is generally not a defense, but ignorance of circumstances may be. Laws should be simple, clear and easy to understand and if not, Ignorance may be considered a defense.

    Habeas corpus may only be suspended during times of declared, crisis, war or open rebellion. Neither criminal or civil law, nor regulations; may be written or enforced based on sex, personal lifestyle or private choices or actions. All punishments for criminal offenses should be consistent for both men and women and the standard of evidence, innocence, guilt and liability must be equal. The burden of proof is on the accuser, not the accused and the act of violent/forced sexual intercourse (rape) or assault

  • must be applied equally by considering the case as if the accused and the alleged victim were reversed. To falsify an accusation of a crime of any kind carries a minimum sentence of half of the maximum punishment that would have been applied to the accused in the original case.

    Bail is not guaranteed to those charged with a violent felony or higher crime or if that person represents an imminent danger to the public or of flight. Those incarcerated or on probation are prohibited from voting or holding elective or appointed office. Immigrants may not vote or hold office, but if legally in the country on a path to citizenship, may serve in the military.

    Those persons in service or as determined by law after completing minimum service; may be called to duty during any emergency, crisis or war. During such times, they must be paid full time wages as determined by law.

    No one may be compelled to financially support another person. Divorce is the remedy for emotional pain committed by one to another during marriage, but that does not entitle payment. This does not prohibit liability for actual harm done to another person or actual damages caused in other civil cases, but spousal support (including palimony) is prohibited. If one partner chooses to remain in the family home, that person must compensate the other partner for the loss of property, if neither party is interested or able to maintain the marital home it must be sold with proceeds to pay off debt first and then remainder divided between the parties.

    If child support is required by law, it must be required of both parents in equal percentage of income during non-custodial periods. No more than 10% net income may be charged per child and no more than 25% total of net earnings with secondary children (children born to each parent from other marriages or relationships) included in the equation; with cash amounts fluctuating automatically with any rise or fall in income regardless of cause.

    Equal custody in right and time is mandated in call cases of divorce, separation or extramarital children, except where one parent has been convicted of a crime against that child or is otherwise incarcerated; or for cause of duty or incapacitation cannot be present. Duty or incapacitation does not restrict rights in law for non-custodial parents, but may limit support requirements. No one, who has previously abdicated their rights to a child or who is not proven by DNA or future technology to be the biological parent of a child; may be required to pay any kind of support at any time for any reason. This clause does not prohibit a voluntary arrangement between parents regarding custody and support payments.

    No parent may be declared unfit unless incapacitated by choice (major drug addiction), by clear medical condition of incapacitation or by true endangerment or abandonment (actual serious threats only; smoking and other personal habits may not be used to justify this determination) or by conviction of a crime against that child or children. All previous orders (existing at the time of independence) involving these cases are considered to fall under this rule and shall summarily be amended to bring them into compliance with this clause and section.

    No one is entitled to the property or monies of another person, and only those monies and properties earned by both during a marriage maybe divided in a divorce. Presence alone does not imply ownership and earnings and properties acquired before the marriage may not be divided; they belong to the partner who held ownership before marriage. No one is entitled to a living standard that they did not create themselves by their own labor. Starting an enterprise together affords equal division of that enterprise, working at an enterprise already established by one spouse (regardless of position) is employment, which may be terminated upon the divorce and does not afford equal division or any division of any kind.

    Parents may discipline their children and raise them in the religion or culture of their choice at their own discretion. Abuse may only be defined as overt actions taken to directly, seriously and immediately harm a child. Parents retain final discretion over all medical care.

    Liability in civil suits is limited to 3 times the actual cost of actual harm and long term care or recovery times if applicable (including lost wages), punitive damages shall be capped at three times the total amount of damages, plus court and legal fees. Liability may be increased only in cases of violation of civil rights, criminal negligence or fraud. Emotional pain may not be considered unless it is so serious that it requires long term psychiatric care. Maximum compensation shall be capped by law.

    Membership in an organization may not be required to perform any profession or job. Unions and

    strikes of any kind are prohibited in all government agencies and primary services as determined by the governing board. Those employees prohibited from striking forfeit their employment if they strike. If their

  • strike endangers the population, they may lose their right to vote in in the constitutional process and they may be incarcerated.

    The definition of harm for the purpose of legislation, regulation, prohibition or limitation must be harm that is immediate, direct and significant (or serious) and in context with other harms within the actual environment. Anyone who falsifies a government report (including statistics) or scientific study is guilty of sedition of the rights of the people.

    The rules that apply on or in private property are at the discretion of the owner of said property and not the state, except where direct, immediate and serious threats to the public exist or where the business or service operates as a primary service, public service (under contract with the government or a subcontractor) or monopoly.

    The use of eminent domain shall be limited to; initial creation of special districts, communities and zones at the establishment and during transition; needed infrastructure, military, police or government structures or bases and serious threats to public health and safety only; at any future time. In each case, the owners shall be offered just compensation for their property and modest relocation expenses, unless that property is a government to government transfer. Existing development contracts may be modified or canceled in areas to be used for military bases without compensation.

    The age of adulthood shall be set at 17; the Governing Board (and later Congress) shall establish an age for those not yet adults as the age of prosecution, which shall also be the minimum age of employment outside the home and the age of consent. Those below the junior adult age, shall be considered minors and treated in a manner prescribed by law. Those at or above the junior adult age may be sentenced to no more than 20 years incarceration and may not be subject to the death penalty.

    The new government shall assume control of all federal programs on the island and determine which programs shall be continued, reorganized or terminated. Both the Postal Service and the Census will be continued, but may be privatized. The Census may only ask demographic questions and may not ask political questions. Other than the census, the government may not track or keep records of data on race.

  • Article III Interim Government

    Section 1 the Governing Board and National Trust

    The author shall assume the position of Chairman and retain the title of Cacique. He shall establish the Governing Board and appoint its first members to manage the transition to independence oversee government operations and organize a constitutional convention and vote until implementation of the new constitution.

    The Governing Board shall consist of 12 additional members. The Chairman may not vote except in a case of a tie.

    The board shall include one Vice Chairmen, one Executive Director of the Puerto Rico National Trust, one Chief Financial Officer who shall be the Comptroller of the republic and 9 other members. To ensure participation of all groups, one member shall be appointed from each of the 3 largest existing political parties (based on the most recent general election), however; those appointed must publicly renounce any affiliation with their parties and agree not to collude with those parties while in office or in the 4 years following their terms in office. To do so will be considered an act of sedition and with a maximum penalty of 25 years in prison.

    These 3 seats are not guaranteed to any political party, but should by tradition be filled with people from three clearly different ideological backgrounds so as to ensure maximum representation of ideas on the Governing Board. The 3 officers may receive a salary equal to the salary of cabinet members. That salary is deducted from earnings paid to them via the trust.

    All positions on the Governing Board are non-partisan including the Chairman. The position of Chairman is not an elective office. Future chairmen must be selected from current or previous members of the Governing Board or current or previous presidents, vice presidents or attorney generals; who have served honorably. The decision is made by a majority vote of the sitting members of the board. If no majority is achieved within 30 days of the vacancy, the Vice-chairman will automatically rise to the position of Chairman and Cacique. Present family and direct hereditary succession is prohibited to the first generation.

    6 members, including the officers; are appointed by the Chairman and confirmed by the Senate. The remaining 6 officers are elected, 3 by district and 3 at large. Districts shall be divided by population so that each district represents a nearly equal amount of people. The three officers serve at the discretion of the Chair. Except as specified elsewhere in this document; outside of confirmation and impeachment, the GBNT is not subject to and acts independent of legislative, executive and judicial authority.

    All sessions of the Governing Board, Congress and Supreme Court must be recorded, reported and broadcast when possible, except sessions or portions of sessions dealing specifically with national security, intelligence or other security matters. This does not prohibit private meetings, which need not be recorded, but may be reported as law determines. No one, who is not elected to a specific house or body may lead the internal caucus meetings of elected officials, nor establish or interfere with the agenda of said body; to violate this provision falls under the special considerations of section II. This does not imply a limit to the oversight authorities of the Chairman nor the investigative authorities of the Comptroller or Justice Secretary.

    The Governing Board is established to create and manage the National Trust and oversee the other branches of government and to advise the Chairman. The board will establish and maintain a government for profit, without surrendering the security of the Republic or the rights of individuals and to establish and secure a long term financial plan that includes balanced investments across no less than ten levels beginning with level one; low risk/low return up to level ten; high risk high return; and will include stocks, bonds, precious metals, currencies, products, venture capital and research and development; re-investment of dividends for continued long term growth, elimination of all taxation and payment of shares to member citizens. The board will establish and manage the nations currency based on the holdings in the trust and may not print or create money in excess of the value of the holdings in the trust. Those who purchase and hold our electronic currency may be paid a portion of interest or earnings from the assets purchased with those monies.

    The board shall audit and oversee the other branches of government to ensure compliance with the constitution and law and to protect the rights of the citizens. The Executive Director of the NT shall appear provide a report to Congress once every 3 months on the status and earnings of the Trust and

  • shall appear before Congress once per year to provide an annual report in person and answer questions of the members for no longer than two hours.

    Those appointed are confirmed by the Senate. The Chairman may only be impeached by the Governing Board. Each Governor shall be assigned by the Chairman to focus on a specific area of government oversight. This shall not limit that Governor from oversight of other areas. A quorum to conduct business shall be the presence of 9 members (or by secure electronic device) and the Chairman or his representative.

    Seats on the Governing Board are considered non-partisan offices; each elected member must run as an independent and may not provide or receive material support of any kind from any political party or similar organization not associated directly with the candidate. While in office they may not provide nor accept any support to or from any political organization. Except at the establishment, candidates must resign any relationship with any political party organization or movement 4 years prior to assuming the office and must remain non-partisan for 4 years after leaving office. Violation of the non-partisan rule is sedition.

    Each member will serve for a term of 4 years, with half of the members elected or appointed every 2 years. No member shall serve on the board in any capacity for more than 20 years. Members of the Board must be educated and or experienced in one of the following specialties: Law, Investment, Finance, Banking, Accounting, Real Estate, Infrastructure or Public Works, Industrial or Manufacturing management, senior public or private executive leadership (including previous election or appointment to high level government positions), Small Business or Economics.

    The Executive Director is the Chief Operating Officer (COO) of the National Trust. The Vice Chairmen provides oversight for the officers of the Board and is the principle advisor to Chairman. The Chairman may fill vacancies until the next election cycle.

    The Board shall establish and enforce the rules of immigration, service, membership and citizenship, and certification of service; certification of elected and appointed officials and may call on any elected or appointed officer to testify and be questioned before them. With concurrence of 9 members, the Board may impeach and or remove any elected or appointed member of government. For senior appointed (Confirmed by the Senate) and elected officials all impeachment trials must be held before the Senate except for Senators and the Chairman whose trials must be held before the Board.

    The Justice Secretary, under direction of the Chairman retains investigative authority over members of the Governing Board. The Justice Secretary (Attorney General) is appointed by the Chairman and confirmed by the Board and Senate.

    Total compensation for all members of the Board, staff and all administrative costs may not exceed 5% of the total net profits of the previous year except at the establishment. A percentage of earnings must be set aside for years where there are little or no revenues. Members of the Board are prohibited any special bonus unless profits are earned and should be provided only a subsistence wage at the beginning of the Republic and at any time when there are no profits to report.

    Of Remaining profits; half must be re-invested in order to continue developing a long term stable economy and to support the nations currency. Special restricted interest or dividend earning funds should be established specifically for economic, military and natural disaster emergencies and rainy days. A portion is given to the Congress for the cost of operating the Republic and a portion is allowed for the use of charity as prescribed by the Chairman. The remainder and specific amounts will be determined by law as approved by the Board. Tax rates shall be reduced automatically based on the payments from the trust to the central government until taxes are eliminated completely.

    A minimum of ten percent to a maximum of twenty-five percent of the direct and indirect profits and or returns from the National Trust must be paid to the individual members based on total number of shares divided into twelve equal payments the year after the earnings were made. The bulk amount to be paid to citizens shall be divided into 3 sections, a minimum of 30% to a maximum of 2 thousand dollars per month per individual for those who are already retired or incapacitated; a minimum of 30% based on credits earned or awarded and a minimum of 5% for individual retirement and university education savings for children. The Board may also authorize special bonus payments when profits permit and adjust the amount to be paid to senior and disabled persons as needed.

    The Board will create and oversee the implementation of Social Services Savings Accounts for each prospective member or shareholder, which shall be the place of deposit for any and all payments of shares and bonuses from the National Trust to individual members and all rules associated with those

  • accounts. Members reserve the right to opt out of the program entirely by written notice to the board and use the money as they choose, on the condition that they seek no form of government assistance for the remainder of their natural lives. It is a criminal act to make payments to (or to receive) someone who has opted out of the program.

    Shares and bonuses may only be paid to members, prospective members in service, or those who have invested in the Trust. Foreign nationals may not receive payments. The board shall establish rules and amounts of contributions and withdrawals by individuals to and from their accounts and contributions by business owners on behalf of their employees. The NT and SSSA are designed to replace all existing social welfare and entitlement programs. Only the Governing Board may authorize such programs and the rules for participation and contribution.

    No taxes may be levied on NT earnings or payments to or from the trust; to individuals and their accounts, withdraws by members or payments to them directly, or any and all inheritance.

    The National Trust is limited to involvement in Vice, Mining and drilling operations, natural resources exploitation, infrastructure and primary services, banking, investing and finance, insurance, community development and management or those activities funded all or in part by the GBNT and may not interfere with private enterprise or private property other than that specified. Each house of congress or the Board shall each determine its rules of procedure and may expel a member with a concurrence of two thirds of its members.

    Section 2 Executive, Congress and the Courts

    The President of the Republic shall retain all authorities granted in the Commonwealth

    Constitution to the governor except those that contradict this document or interfere with its implementation. The president serves as Chief Operating Officer of the Republic with additional authorities and limitations determined by law; his appointments, international relations activities, proposed treaties, and decisions on military, security and intelligence matters are subject to review and approval of the Chairman. Only the Chairman can authorize pardons or commutations.

    The Vice-President serves as the president of the Senate. The presidency and vice presidency are non-partisan offices as are all appointed officers and cabinet members. Full and public separation from their previous political affiliations is required to be a candidate or to hold a cabinet position.

    Presidents and their partner vice presidents must run for office as independents. Any board member or any sitting member of Congress who also holds a leadership position may

    nominate a candidate for President by submitting a letter of nomination to the Cacique. No one may nominate themselves. The candidate chooses their vice presidential candidate. The public may nominate a candidate by submitting a petition with the signatures of 10% of the voting public. The Chairman may not nominate a candidate. All candidates for President must be reviewed by the Governing Board and a majority vote approves the candidacy; except those submitted by the people which shall be reviewed only for legitimacy of signatures and legal qualification to be a candidate by the Chief Financial Officer and Chairman who forwards those to the Supreme Court if valid. A majority vote on the Court approves the candidacy.

    In addition to other requirements in the Commonwealth constitution, the President must appear before a joint session of Congress once each year and answer direct questions from the members for a period of no less than two hours. He must appear before the Governing Board upon request from the Chairman.

    Election for the president shall be by direct ballot among all certified candidates. A majority is required to win. If no majority is acquired during the first ballot a run-off election between the two most popular candidates from the first election will be held within 30 days.

    Any election dispute must be resolved by the first day of January of the year following the election. Any dispute not resolved at that time will be resolved by the Cacique under the advice of the Governing Board.

    The Congress, Courts and Judicial branches and all government agencies shall operate under existing rules and laws of the constitution of the current Commonwealth constitution, except where those provisions contradict with this document, implementation of the new government or as amended by law until replaced by a new constitution.

    To interfere with or impede implementation of this constitution and or its parts, is a criminal offense requiring incarceration until a new constitution is approved or 5 years in jail whichever is longer.

  • This would also include the loss of the right to vote during that period. To threaten assault or interfere with the free movement of the officers of the new government is a serious crime punishable by a minimum of ten years in prison to a maximum of 25 years. Treason, sedition or murder of a government official are considered capital crimes and require life imprisonment or death.

    The death penalty is automatically applied in all cases of capital murder (first degree murder), treason and the highest levels of sedition. All executions should be carried out one year after conviction, unless cause be shown for a delay, retrial or the sentences are suspended or commuted. All such cases are to be reviewed by a panel of judges to ensure the penalty is appropriate and make a recommendation on whether or not to carry out the execution. All final death warrants must be signed by the chairman and may not be appealed beyond that signature. The chairman shall have authority to commute or suspend the penalty, or adjust the prison sentence or order a new trial. Conviction in these cases is by three quarters majority vote of the jury. Those who oppose the death penalty may not sit on juries considering death penalty cases, lying or misrepresenting ones beliefs regarding the death penalty in order to sit on a jury considering a death penalty case is a felony and may require a retrial.

    Special Considerations:

    (1)Treason against the Republic shall consist only in levying war against it or in adhering to their

    enemies, giving them aid and comfort or material support. No person shall be convicted of treason except upon the testimony of two witnesses to the same act or upon confession in open court.

    (2)Sedition against the Republic shall consist of actively subverting, or attempting to undermine or overthrow the constitution or the Republic; or lawful authority; or to advocate or incite rebellion against the Republic or its leadership. Lethal force is authorized in defense of life or property; government officials or employees; primary infrastructure; military bases or buildings, to prevent interference of disaster or emergency response; or at any time during open rebellion.

    (3)Full faith and credit shall be given in each municipality to the public acts, records and judicial proceedings of every other community and the Congress may prescribe by law the manner in which they are provided and in effect.

    (4) Except as established by treaty; the laws, courts and rulings of other nations or organizations are not recognized and have no legitimate authority over the Republic or her citizens within our territory, nor do they apply to actions by visitors to our country as long as those actions are legal here. No extradition shall be authorized except to those nations who have reciprocal extradition treaties in effect with the Republic. Under no circumstances, regardless of treaty or law; may a current or former official of government, whether elected or not be extradited, tried, convicted or imprisoned by an authority or in a place outside our government or territory for actions taken while in office.

    (5)Judges who act outside of their jurisdiction are guilty of treason; the governing board retains final authority to determine cases involving the Board, its members or national trust. Judges and officers of the court are and must be non-partisan and must refrain from any and all partisan political activity.

    (6) Prosecutors and attorneys are held to the same standards of evidence. All evidence must be shared between the parties. Willful misrepresentation by either party is a crime equal to perjury with special contempt under color of authority. Intentional destruction of or hiding of evidence (including withholding) is also a crime. Prosecution is limited to only the crimes alleged in a case; prosecutors may not add charges so as to force a confession. Forced confessions or those acquired under false pretenses are not valid. Prosecutors must consider all cases brought to them, and a decision not to prosecute a case may be appealed to the next higher court than would have heard the case originally. This does not prohibit undercover operations.

    (7)The Supreme Court under the Chief Justice authorizes the license to practice law, and may remove it in cases where abuse, contempt of the court or dereliction or abuse of duty have occurred; or upon conviction of a felony or higher crime. The Cacique may suspend, withdraw or reinstate the license to practice law for any violation.

    (8)The Republic shall recruit and train professional jurists to lead juries in all cases where a jury is required. Juries shall be composed of 12 members, at least one of those being a professional jurist.

    (9)The Governing Board shall establish a constitutional definition of crime based on intent, action, consequence and choice. This shall prohibit the creation of crimes by statute, except those involving

  • negligence, fraud or public corruption. Personal choice or action in the first person may not be considered a criminal act, but may be regulated only in ways respecting direct, immediate and serious danger to others, and trespass on the rights of others or their property. Criminal law, prosecution and punishment must be applied equally to all citizens. Falsifying a charge of any kind shall require the application of no less than half of the maximum sentence the accused would have faced had they been convicted of the crime falsely alleged.

    (10) The Governing Board and Congress should limit the length of legislation to no more than 100 pages and prohibit amendments that are not germane to the matter under consideration. Only one omnibus or general topic bill may be passed during any legislative session. The budget may exceed the one hundred page mandate.

    (11) Term limits exist for all elected and appointed officials. No person shall serve in any elective or appointed office for more than 24 years and no more than 30 years total in elective service. No one at any level may serve more than 40 years in government. The highest ranking military officer is limited to serving a maximum 6 years in that capacity except during time of war. Members of the Supreme Court and judges of any court may not serve in any position for more than 20 years; nor serve more than 35 years total as a judge.

    (12) No one may serve as a general military officer (General or Admiral) who has not earned the rank by distinguished service. Military service is non-partisan. No one may serve as Secretary of Defense or State or as a member of the Supreme Court who has not proven themselves qualified to hold those positions. No one who is not a licensed attorney, who has also not previously served as a judge may sit on the Supreme Court.

    (13) Elective positions do not belong to political parties. Vacancies will be filled according to this constitution, however; Congress may establish laws for special elections only if those elections include candidates from all parties and independent candidates. Seats on the Governing Board are remain non-partisan at all times.

    Section III El Cacique and Chairman

    The Chairman of the Governing Board serves as the Head of State, as the Chairman of the

    Governing Board, National Trust and senior executive of the Government and all of its agencies; Commander and Chief of the armed forces, all police, security, intelligence, guard and militia. The Chairmans person is unassailable and he enjoys absolute sovereign immunity in all matters (public and private) during and after office. His privacy is also protected under this clause.

    The Chairmans authority is limited to those powers specified in this document and he holds no authority over individuals and their choices. His authority primarily extends to provide oversight of government, the board, the trust and the courts and to oversee implementation of this constitution and economic system and the adoption of a new constitution. The Chairman may not receive a salary or other compensation, nor may the legislature or Governing Board be required to fund his household, office or other expenses except at the time of establishment and transition or during a declared crisis. He receives compensation only as a percentage of profits earned by the National Trust. The government must provide security for the Chairman and his family and staff.

    The Chairman may receive no more than 5 percent of the total net earnings from the previous year. Of those monies paid to the chairman, no less than 10 percent shall be set aside for use by the office of the Chairmen during years where there are no profits or limited revenues. From the remaining funds, he must fund his office, household and expenses; and may augment his security. He is entitled to any funds left over after those expenses have been met and may keep those remaining funds after leaving office. The governing board may place a cap on the total earnings of future chairmen.

    Until the adoption of a new constitution, the chairman retains veto and constitutional veto authority to override any legislation (or part of legislation) or decision by any Court; if those conflict with this constitution; final authority to approve or disapprove all candidates for appointed office or senior military or police positions or to remove any such officials or officers. Refusal to approve appointments must be based on either the candidate being unqualified for the position or for cause. Removal of any officer must also be based upon cause, including but not limited to; contempt, insubordination, high crimes and misdemeanors, felony charges, treason, sedition or dereliction of duty. He may refuse to

  • approve any candidacy for any office if evidence is shown of any of the above or criminal behavior. He may also censure or reprimand any officer or official, or request a vote by the board for their removal or order their impeachment and trial. Under the first chairman only, 3 censures and or reprimands during any tenure in office results in an automatic impeachment and trial; 6 result in automatic removal from office.

    Future Chairmen retain veto authority over legislation or section of legislation. No treaty may be sent to the Senate for ratification without the support and approval of the chairman and the concurrence of 9 members of the governing board. In any dispute over executive authority, the Cacique will have final discretion. Only the governing board may override a veto by the chairman by vote of 9 members. Under advice of the Governing Board, the first chairman may take any action or make any expense to ensure the security of the Republic, basic services or supplies, primary infrastructure and general welfare of the nation during the transition until his first 12 year term expires.

    Except votes to override a veto or votes of confidence/no confidence; the Chairman retains exclusive authority on when to call votes on which matters hold votes or to not. Votes of confidence or to override a veto may be called with the concurrence of 6 members of the Governing Board.

    The first Chairman serves for a minimum of 12 years and may not be removed. By majority vote of the GB he may receive one 12 year extension in office. After leaving office regardless of circumstance, any chairman must be afforded a pension and continued security befitting his former office and may retain the monies earned while in office. The extraordinary powers of the first Cacique shall extend only during his first term in office and shall be limited by the new constitution for any future Cacique.

    Future Chairmen retain authorities and immunities of paragraph one and two above and those authorities as determined by the future constitution and governing board. In order to keep the Chairman above the fray of political discourse; all courtesies should be rendered in his presence (as if to a judge in court) and those acting in contempt of his office or person may be held in contempt or be formally charged accordingly at his sole discretion. The chairman may call, close and or suspend any session of any government body.

    The first Cacique shall serve as acting president until the election of the first president. After this time, he may not serve as president, except as prescribed by law. Succession to the presidency in emergencies or removals shall be prescribed by the Governing Board. The Chairman may appoint a replacement to fill vacancies for any elected position until the next scheduled election, unless succession has been prescribed by law.

    No future Chairman may serve for more than 12 years in a lifetime. Only the Cacique may offer or grant special titles or titles of nobility. All such titles are considered honorary and temporary (non-transferable) and do not reflect nor imply any increase in authority or immunity.

  • Article IV Timeline and Programs

    1. The governing board shall be established on September 23, 2016 or at the time of declaration or acquisition of independence. With the concurrence of the Governing Board, The Chairman shall appoint negotiators to establish a transition with the United States and all terms conditions for the future relationship between the United States and the Republic of Puerto Rico.

    2. The board will review all current laws and regulations and determine which ones are in conflict with the new constitution and eliminate those that are in conflict or that may interfere with the transitional government. The board may also pass new laws to replace those in conflict or amend them as needed. For the sake of expedience, the chairman may issue decrees or executive orders nullifying those laws that are clearly in conflict; the board may reject those decrees by a vote of 9 members.

    3. The board will implement the economic system, reduce the size of government by 50%, and close or realign government agencies (including privatization) to fit into the new economic and political system. Suspend or cancel all union contracts that interfere with this provision.

    4. It must also conduct a complete review of all infrastructures within 5 years, privatize all primary infrastructures while establishing appropriate oversight authority and establish one or more nuclear power plants to provide baseline electricity needs for Puerto Rico within 6 years. After review the entire infrastructure system should be modernized and brought up to date as needed and improved.

    5. The board shall establish and implement a process for paying off all of Puerto Ricos debt. The plan must be in place within two years and all debts must be paid within 30 years.

    6. The board shall assign pro-rated credits or shares for service to public employees equal to one per year of prior service for non-combatants (to a maximum of 30) and two for each year of prior service for police, fire and National Guard or military personnel(to a maximum of 70). Earnings received from these shares shall reduce state funded pension liabilities. For each dollar received from earnings from shares each year, the pension payment shall reduce by .50 cents for that year only. The amount will automatically adjust each year. Employees with less than 15 years of service shall receive no pension from taxpayers. Their current agency specific retirement savings will be converted to individual accounts under the national trust.

    7. At the time of independence the House and Senate will cease functions. The Supreme Court will also cease functioning. Municipal governments and all other courts will continue to operate under existing laws as long as those laws do not interfere or conflict with this constitution.

    8. By November 1, 2017 the board shall appoint members of both the House and Senate who shall take office in January 2018. The board shall seek to establish fair representation of political parties and ideologies in the new Congress without granting a majority to any one group. The members will be divided by lottery to determine election cycle.

    9. By February 2018 the Governing Board shall appoint the new members of the Supreme Court, who shall then be confirmed by the new Senate. The Chief Justice shall be appointed by the Chairman. The Cacique (chairman) shall retain authority to appoint future chief justices.

    10. Upon their creation both the new Congress and Supreme Court will operate under constitutional law from the previous Commonwealth Constitution except where that law contradicts this constitution or impedes the implementation of its parts. Rights granted by legislation, may be amended or repealed by future legislation.

    11. All laws written prior to the creation of the 1952 constitution are summarily repealed by the implementation of this constitution. All laws that contradict or violate this constitution enacted since 1952 are also repealed, although may be amended by the Governing Board and later by Congress. Some laws, programs, regulations and contracts may be

  • extended temporarily, but may not remain in effect after January 1, 2019. Terms in office for Mayors and council members may also be extended until the first election.

    12. The first general elections shall be held November 1, 2018 and shall include elections for President and Vice President (non-partisan), half of the elected members of the Governing Board, one third of the Senate, half of the House of Representatives, Half of all Mayors and city council members. That election shall be held under existing law or as amended.

    13. A constitutional convention shall be called for January 2 of 2020; the convention shall have six months to complete a new draft of the constitution. Upon completion of the draft, it must be submitted and approved by both houses by concurrence of two thirds of its members. The rules for the convention shall be established by the Congress and then by the Governing Board.

    14. The governing board must also approve the new draft by at least 9 votes, but may amend the draft constitution before submitting it for a vote to the people. The new constitution must include; a bill of rights and responsibilities, the Governing Board and Cacique, its independence from political governance and the proposed economic system. The Chairman retains line item veto authority in consideration of the new constitution.

    15. A vote on the new constitution will be held no later than July 25, 2021. If not approved by the people, this constitution shall remain in effect and a new convention shall be called in 2024 and every four years after until a constitution has been approved and implemented. Each chamber will have 90 calendar days to vote on the proposed constitution. A vote must be held in the House, then Senate and then Board. If the constitution fails to acquire sufficient votes in any chamber the process will stop until the next cycle.

    16. Review all existing agencies and determine which are of emergency or public safety and which are of primary need.

    17. Implement specific items as required by the treaty of recognition. Review and confirm all initial appointees for the Supreme Court and the new established Congress. Establish rules for succession and length of terms for future CEOs.

    18. Review all cases for those persons convicted of a capital offense currently residing in prison or on parole at the time of independence if those persons were convicted of murdering or participating in the murder of two or more people or a defenseless person. Each case shall be reviewed for one year by appointed defense attorney and investigators and a panel of judges shall recommend whether or not to adjust their sentence. The Chairman will make the final decision on each case and may commute, suspend or adjust sentence as appropriate in each case.

    19. Establish Red Light Districts throughout the island for the sale of recreational drugs, prostitution, gambling and other activities. Issue licenses and establish criteria for those wishing to do business in those districts, to include but not limited to; practicing open books accounting, sharing profits with the National Trust and renouncing violence.

    20. Establish the nations electronic currency and establish its value based on the holdings in the trust; establish a commercial internet with no censorship and other data networks; establish special communities; streamline all taxes so that the tax on income, corporations and sales is the exact same percentage. All other taxes are repealed.

    21. Establish online gaming and lottery systems. Establish two or more clothing optional or nudist beaches and at least one clothing optional or nudist community in Puerto Rico or on adjacent islands.

    22. Establish an aerospace agency for the purpose of development of spaceflight capabilities.

    23. Establish and organize the Departments of Defense, Intelligence and State and reorganize all security, police and emergency and disaster response organizations. This includes service related reserve, volunteer and part time positions.

    24. Reform the Department of Education using technology, vouchers and privatization. Establish higher standards for education and ensure the right of parents to home school and use alternative forms of education. No right to education exists and students who fail two or more years of schooling or who are repeated disciplinary problems may be expelled.

  • 25. All social welfare programs should be privatized via the National Trust and those agencies closed.

    26. The timeline and proposed dates for specific actions may be delayed or extended in case of war or declared crisis or emergency.

  • Article V General Provisions

    (1) A general national security exception exists, but only for true security and defense issues, including but not limited to military and intelligence, security and operations; and emergency response and preparation. During the transition and implementation, media must cooperate with dissemination of information from the Governing Board and Chairman. All media must carry and broadcast all emergency notifications and information at any time.

    (2) The Foreign military may not be permanently deployed on our soil, but may visit, conduct training or provide assistance as determined by treaty and or law.

    (3) A minimum of 20% of the total annual budget must be spent on defense, security and disaster preparation and response. The Governing Board may augment spending in this area if the amount assigned by the Congress is insufficient to cover those needs.

    (4) All lawmakers in Congress sacrifice their entire salary for any year in which they fail to pass a balanced budget before the end of the fiscal year, except during times of declared national crisis or war. Before requesting loans from abroad to fill budget shortfalls, Congress must first request a loan from; and receive the approval of the Governing Board.

    (5) All laws passed by Congress automatically apply to the members of Congress. (6) No one may be sued for damages involving a criminal matter, unless first convicted of the

    crime first, except in cases of negligence. This does not prohibit financial settlements to avoid trial.

    (7) There exists no right to cause harm to others who cannot freely choose to participate or leave. Nor is there a right that protects actions of vandalism or to impede the free movement neither of others, nor to damage or destroy personal or public property nor to threaten or terrorize. Nor is there a right to protect actions of collusion or conspiracy with any of the above, nor sedition, treason or crime.

    (8) Congress may not impose a tax or fee to promote or deter any behavior or to buy or refuse to buy any product or service. This does not prohibit financial penalties for criminal acts or acts of negligence. Fines may be imposed for minor violations, including traffic fines, littering (for which the convict may be required to perform community service) or other similar offenses. Congress may not mandate personal safety devices or actions as they pertain to individual, but may establish such rules for actions that directly, immediately and seriously threaten the safety of others.

    (9) Congress must set aside 5% of its total budget in interest or dividend earning accounts for disasters, emergencies, war and special situations or rainy days, until such accounts meet the most reasonably expected need as established by the Governing Board.

    (10) Individuals who receive their primary income from payroll and or tips may not be required to file any forms with the treasury department or other agency for tax purposes, nor allowed any deductions from tax liability. Their taxes should be paid by their employer from their paychecks as a flat percentage as described in Article IV.

    (11) Except as noted elsewhere on this document, post-facto laws or taxes are prohibited (12) Cruel and unusual punishment is prohibited, but corporal punishment and death are

    authorized. The CEO may suspend the use of corporal punishment and the death penalty for capital crimes only, (but not for treason and sedition) if the crime rate drops by 80% or more and remains below that level for the balance of one full calendar year. Both are reinstated automatically if crime rises again above that mark and applied in all previous cases where they had been suspended. The penalty continues to be assigned in all appropriate cases but not carried out.

    (13) Those convicted of felonies, sent to prison and released on 6 separate occasions may be put to death, expelled from the country or given life in prison without parole upon the 7th conviction. All inmates will receive psychiatric treatment, must participate in an education program and perform work as determined by law if able.

    (14) It is a felony to falsify government reports, statistics, research or investigations to be used for the purpose of legislation or to sway public opinion or for any other purpose. This includes manipulation of statistics. All government statistics should focus primarily on real numbers, with participation rates being considered secondary. All government transactions and reports, except those dealing with security, military or intelligence matters or those that affect

  • the privacy of officials and employees; shall be made public in within 30 days of their creation. Science must be politically neutral and the felony provision applies to scientific studies funded by the government or Board.

    (15) The war on drugs is canceled and all recreational drugs are decriminalized for personal and private use. The sale, distribution, importation and manufacture of these substances shall be regulated by the Governing Board. This does not relieve individuals of responsibility for their actions while under the influence nor does it authorize the use of motor vehicles or machinery while under the influence. All persons serving prison sentences for drug related offenses are considered pardoned for those crimes only. All laws prohibiting smoking in public places are summarily repealed except those in the immediate vicinity of explosives, gases or other activities that would threaten immediate death or serious injury. Private property owners shall determine the rules for smoking on or in their own properties, publicly owned properties will establish smoking areas for employees and visitors of appropriate age to smoke. All laws against prostitution, traditional animal sports and gambling are also repealed. The Governing Board will establish rules for these activities.

    (16) The republic recognizes the existence of God, however it does not recognize nor authorize any religion; there will be separation of church and state. However, all traditional Christian holidays will be honored and all sessions in congress and the GB shall begin with a Christian prayer.

    (17) All treaties expire 5 years and one day after ratification unless extended by the governing board. All treaties and memberships in international organizations should be reviewed and re-ratified or rejected by the Senate and the Governing Board every 10 years.

    (18) Until the ratification of the new constitution; the new Republic shall use the Lares Revolutionary Flag as the flag of the country which shall be raised instead of the American Flag, while the traditional flag of Puerto Rico will remain; and the Falcon de Sierra as the nations symbol. The national song will be La Borinquea Revolucionario.

    (19) Atlantic Standard Time (without alteration) will be used as the standard of time, and the metric system for weights and measures.

    (20) The government shall ensure minimal protections for workers and minimal safety standards. However, those standards may not interfere with the right of business owners to conduct business or service their clients. All laws and regulations regarding employment will be reviewed and those that are excessive or interfere with free commerce will be repealed or amended. The minimum wage will be lowered by one dollar per year for new employees each January first, until it is eliminated altogether. It may not be reinstated. Strict regulation may be imposed on activities or operations that threaten immediate death or harm to the general public such as, but not limited to; chemical manufacturing, construction or other activities or industries.

    (21) The GBNT shall take direct control of all public housing. Except for those who are elderly or disabled (whose disability have been reported and confirmed before independence); all residents will have two years to find employment and begin paying rent and utilities at the rate the market determines. Those who do not, will be evicted. Those residents using Section 8 housing will be able to continue living in their residences but will have 3 months (or as long as federal assistance lasts) to begin paying rent at the original rate required while under federal assistance and later as the market determines. For the purpose of security, the GBNT may establish any security program and or rules as needed in these communities. The GBNT can establish housing assistance programs for the elderly or disabled and may establish and enforce rules for homes and care centers for these persons.

    (22) The GBNT shall take direct control of all publicly funded hospital facilities and insurance programs and reorganize them and rewrite laws and regulations as needed to ensure medical services are available to all at cost plus no more than 15% in public facilities, but may not regulate the prices of private facilities. If necessary, the GBNT may take any action to ensure the long term sustainability and availability of emergency and disease control health care services. Individuals and parents remain responsible for the cost of all primary health care and medications. The cost of any insurance product or payment of services for social programs may be deducted from payments to individuals from the national trust or from their and their employers contributions to their personal social services accounts.

  • (23) Those citizens not residing in the country may not be taxed, nor required to vote or fulfill other obligations, except when out of the country for official duty. Payments to them from the trust may be limited by up to 50% if they are not naturally born citizens, original citizens or citizens of one Puerto Rican parent. No one may receive payments from the trust that was not an original citizen and or has not completed service.

    (24) Except those serving in the military reserve or guard components or as otherwise noted above, no elected or appointed official may serve in two or more offices at the same time. Spouses and family members do not exercise the authorities or immunities of the elected or appointed person.

    (25) All senior executive elected and appointed officials including future Chairman and Vice Chairman, all Presidents and Vice Presidents, All mayors and Vice Mayors and those agency heads as determined by law, must complete a basic training course in managing disaster, emergency response and military emergency situations prior to assuming office. No official may be sworn in who has not completed this training and failure to do so is consider a vacancy in that position. The governing board will establish and manage this training via the military and emergency response agencies. Article VI Amendments

    Amendments to this Constitution may be submitted by Congress by three fourths vote of both houses; by the board of directors by three fourths vote or by the people. In any case, the amendment must be approved by the Supreme Court by majority vote and finally by the Cacique before being submitted to the people for a vote.

    Conversely the public may request an amendment be placed on the ballot by submitting to the board of directors a petition of the voters containing the signatures of 15% of the total voting population, which must be validated by a majority of the Justices on the Supreme Court and approved by the Cacique.

    An amendment will be approved with the concurrence of two thirds of the votes cast in the affirmative for general provisions of this document, but must obtain three-fourths of the total voting population if it pertains to the rights of the individuals or the authorities or immunities of the Governing Board or Cacique.

    In either case, the amendment will be voted on in the next election cycle at least 90 days after the date of certification of the signatures or final legislative approval.

    Any proposed amendment which fails to acquire sufficient votes, may not be considered again for at least 10 years, nor may the issue addressed by the amendment be considered in another proposed amendment for the same time period. Any proposed amendment considered three times may not be reconsidered for one hundred years.

    ENACTMENT

    This petition, declaration and constitution are considered ratified and enacted at the date

    established upon the signature and oath of 200 thousand people residing within Puerto Rico or by the cumulative signatures of 400 thousand people, with at least 100 thousand of those legally residing in Puerto Rico. The provisional government may take any action or incur any expense in preparation for independence and this document indemnifies them from any liability before any government, person, corporation, agency or court. Upon acquisition of the minimum number of signatures, independence may be declared at any time by the author if any hostile act(s) is committed against his person or any of the supporters or officers of this document or its proposed government.

    While we do not plan to initiate force or acts of violence nor attempt to overthrow any government; we retain the natural right of self-defense of ourselves, our families, property and nation.

  • The author may delay the declaration if conditions exist that would make such a declaration detrimental to the people of Puerto Rico.

    Frank E. Worley-Lopez, Author