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Free Markets Amendment
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THE LEGISLATURE OF THE STATE OF . . . . . . .
. . . . . . . . . . . .
Joint Resolution
No. ____________
Title:
DELEGATE RESOLUTION
Instructions to Delegates at the Free Markets
Amendment Federal Convention which was Called for by the State of . . . . . . . . . . . . . . . . .’s Legislature in Resolution No. ______________
____________________________________________________________________________________________________________
Whereas,
Article IV, Section 4 of the Constitution of the United States
guarantees to every State a Republican form of government that gives each
State equal standing when calling for a Federal Amendment Convention. Article
V of the Constitution of the United States reserves to the State
Legislatures the right to Call for a Federal Convention for the purpose of
proposing amendments to the United States Constitution when Congress, the
Courts, and/or the Executive Branch refuse to address an egregious wrong
suffered by the people; and
Whereas,
The State Legislatures alone have the authority to “limit” the agenda
and authority of Delegates and/or Alternates (hereafter referred to as
“Delegates”) they send to a convened Federal Convention. This authority
does not reside in United States Congress, nor in the Federal or State Courts,
nor in the Federal Executive Branch, nor in the State Executive Branch of
government. This authority resides solely in State Legislatures.
WHEREAS, The authority of Congress, under
Article V of the United States Constitution, requires it to convene a
Convention as Called for and defined by the State Legislatures of the Several
States; and
WHEREAS, The “Delegates” sent by the .
. . . . . . . . . . . . . . . . . . State Legislature to the Free Markets
Amendment Federal Convention (hereafter referred to as “Convention”)
are Ambassadors of the State of . . . . . . . . . . . . . . . . . . . and
required to fulfill the Commission given to them by the Legislature of . . . .
. . . . . . . . . . . . . . .. They are not free agents. They are empowered
only to complete the terms and conditions defined by . . . . . . . . . . . . .
. . . . . .’s State Legislature in this Delegate Resolution (hereafter
referred to as “Resolution”).
WHEREAS, . . . . . . . . . . . . . . . . . .
.’s State Legislature hereby defines the duties and limits the authority of
its “Delegates” at the “Convention” in this “Resolution”;
Resolved by the Legislature of . . . . . . . .
. . . . . . . . . . .:
The State of . . . . . . . . . . . . . . . . .
. . hereby authorizes that “Delegates” be summoned and appointed to
participate at the convened “Convention” according to the terms and
conditions set forth in this “Resolution”.
The number and qualifications of Delegates (or
Alternates if authorized) to be sent to the convened “Convention” will
be decided by the State Legislature after the United States Congress summons
Delegates from the State of . . . . . . . . . . . . . . . . . . . to the
convened “Convention”.
1.
The Legislature of the State of . . . . . . . . . . . . . . . . . . .
can add to, replace or remove any Delegate or Alternate if in its sole
discretion such action is necessary.
2.
Alternates will have no official role at the “Convention” and
can attend the “Convention” only if the State Delegations at the
“Convention” vote to allow their attendance and/or the . . . . . . . . . .
. . . . . . . . . State Legislature appoints an Alternate to take the place of
a Delegate at the “Convention”.
3.
The State of . . . . . . . . . . . . . . . . . . . reserves to itself
the right to alter and change this “Resolution” if in its sole
discretion such action is necessary. “Delegates” will be bound by any
such alteration or change to this “Resolution”.
The Legislature of the State of . . . . . . . .
. . . . . . . . . . . hereby instructs and authorizes its Delegates at the
“Convention” to vote to send the Free Markets Amendment, as herein
written in Section E, back to the States for ratification via the United
States Congress.. . . . . . . . . . . . . . . . . . .’s Delegates are
prohibited to vote for any alternate or modified version of the Free
Markets Amendment that might be introduced at the “Convention” and
they are hereby instructed to do all in their power at the “Convention” to
secure a vote that approves sending the Free Markets Amendment, as
herein written in Section E, back to the States for ratification.
The Legislature of the State of . . . . . . . .
. . . . . . . . . . . will not vote to ratify any alternate Amendment or
modified version of the Free Markets Amendment that may be sent to it
for ratification via Congress by the “Convention”. Only the Free
Markets Amendment, as herein written, will be considered by the . . . . .
. . . . . . . . . . . . . . State Legislature for ratification.
The Legislature of the State of . . . . . . . .
. . . . . . . . . . ., upon the enactment of this “Resolution”, will
select and appoint three members to the Delegate Credential Committee
(hereafter referred to as “Committee”). The “Committee” will
have the responsibility and requisite authority to perform each of its
assigned duties (charges) described in SECTION A.
1.
“Committee”
members can be added to, replaced or removed if in the sole discretion of the
State Legislature such action is necessary.
2.
Each member of the “Committee” is required to take the following
oath and sign a Pledge Document confirming that the oath has been taken and
agreed to. The following oath shall be administered by Leadership in the
House and/or Senate:
“I pledge to follow the instructions and
charges in this “Resolution” and any other directives given to me by
the State of . . . . . . . . . . . . . . . . . . .’s Legislature from the date
I am appointed to the “Committee” and during the full term of the “Convention”
to the best of my abilities so help me God.”
SECTION A. DUTIES OF THE “DELEGATE CREDENTIAL
COMMITTEE”
“Committee”
members will be required to follow the directives in this “Resolution”
and others that may be issued from time to time by the State Legislature.
The “Committee” will have the requisite
authority to remove or replace any Delegate or Alternate if, in its sole
discretion, such action is necessary.
The “Committee” is charged with the
following duties:
1.
Decide all matters among “Committee” members with a simple
majority vote.
2.
Function as the official facilitator for the State Legislature as
required in this “Resolution”.
3.
Appoint “Delegates” to the “Convention” who the . . . . .
. . . . . . . . . . . . . . State Legislature has summoned and authorized.
4.
Appoint one likeminded Delegate to serve as the Chairman of . . . . . .
. . . . . . . . . . . . .’s State Delegation and to be the Spokesman for the
State Delegation at the “Convention”.
5.
Appoint one Delegate to serve as the Assistant Chairman of . . . . . .
. . . . . . . . . . . . .’s State Delegation and to be the Spokesman in the
absence of the Chairman.
6.
Issue to each certified Delegate and/or Alternate (including the
Chairman and Assistant Chairman) a Certification Certificate after they have
satisfactorily:
a.
Met the requisite qualifications established by the State Legislature,
b.
Taken the applicable oath in Item 9. of Section A., and
c.
Confirmed their oath by signing a separate Pledge Document
7.
Issue to each Certified Delegate and/or Alternate (including the
Chairman and Assistant Chairman) a “Convention Pass” that will authorize their
admission and participation at the “Convention”.
8.
Notify the . . . . . . . . . . . . . . . . . . . State Legislature of
the financial needs the . . . . . . . . . . . . . . . . . . . State Delegation
has at the “Convention”.
9.
Administer the following oaths to the applicable candidate before
issuing certifications:
DELEGATES
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of . . . . . . . . . . . . . . . . . .
.’s Legislature, whether such directive is given to me directly or indirectly
through the Chairman, from the time I am certified by the “Committee”
to be a Delegate and during the full term of the Free Markets Amendment
Federal Convention, to the best of my abilities so help me God.”
ALTERNATES
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of . . . . . . . . . . . . . . . . . .
.’s Legislature, whether given to me directly or indirectly through the
Chairman, from the time I am certified by the “Committee” to be an
Alternate and during the full term of the Free Markets Amendment Federal
Convention to the best of my abilities so help me God.”
CHAIRMAN OF . . . . . . . . . . . . . . . .
. . .’S STATE DELEGATION
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of . . . . . . . . . . . . . . . . . .
.’s Legislature, from the time I am certified by the “Committee” to be
the Chairman of . . . . . . . . . . . . . . . . . . .’s State Delegation and
during the full term of the Free Markets Amendment Federal Convention,
to the best of my abilities so help me God.”
ASSISTANT CHAIRMAN OF . . . . . . . . . . .
. . . . . . . .’S STATE DELEGATION
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of . . . . . . . . . . . . . . . . . .
.’s Legislature, whether given to me directly or indirectly through the
Chairman, from the time I am certified by the “Committee” to be the
Assistant Chairman of . . . . . . . . . . . . . . . . . . .’s State Delegation
and during the full term of the Free Markets Amendment Federal Convention,
to the best of my abilities so help me God.”
10.
Monitor the activities of . . . . . . . . . . . . . . . . . . .’s State
Delegation.
11.
Keep close communications with the Chairman and Assistant Chairman and
provide needed assistance when requested.
a.
Inform to the Chairman and Assistant Chairman which States at the
“Convention” have enacted a “Resolution” similar to this one for
their “Delegates”.
b.
Report to the State Legislature periodically which States at the
“Convention” have enacted a “Resolution” similar to this one for
their “Delegates”.
12.
Monitor the activities, deliberations and all votes by the States at
the “Convention”.
13.
Make periodic reports and provide in depth analysis to the . . . . . .
. . . . . . . . . . . . . State Legislature regarding the events at the
“Convention”.
a.
Include reports and recommendations on upcoming votes at the
“Convention”.
b.
Include an analysis of the prospects for the pre-drafted Free
Markets Amendment, as herein written, being approved by the
“Convention” and sent to the States for ratification.
c.
Include problems and successes that have or are likely to occur before
a vote by the “Convention” is taken to send the Free Markets
Amendment to the States for ratification.
d.
Make appropriate recommendations to the . . . . . . . . . . . . . . . .
. . . State Legislature on what further action is needed by the Delegates
and/or the State Legislature to assure a favorable vote by the “Convention”
for the Free Markets Amendment.
14.
The “Committee” shall have the authority to determine if a
Delegate or Alternate violated the provisions of this “Resolution” and
to decide if the Delegate’s “Credentials” should be invalidated. The
“Committees” decision will be final and there will be no appeal.
a.
A Delegate who has had his “Credentials” invalidated shall immediately
forfeit all right to represent the State of . . . . . . . . . . . . . . . . .
. . at the “Convention” and immediately be dismissed as a Delegate in .
. . . . . . . . . . . . . . . . . .’s State Delegation. His Certification as
a Delegate and Convention Pass will be cancelled. He will have no further
authorization to participate at any events at the “Convention”.
SECTION B. DUTIES OF THE CHAIRMAN OF . . . . .
. . . . . . . . . . . . . .’S STATE DELEGATION
The Chairman of . . . . . . . . . . . . . . . .
. . .’s State Delegation will be required to follow the directives in this
“Resolution” and others that may be issued, from time to time, by the
“Committee” or by the State Legislature.
DUTIES AND RESPONSIBILITIES OF THE CHAIRMAN
The Chairman is charged with completing the
following directives, instructions and duties:
1.
Join with other State Delegations to open the “Convention” for
business.
2.
Make certain that there is always at least one Delegate from . . . . .
. . . . . . . . . . . . . .’s State Delegation at every business meeting and
roll call at the “Convention”.
a.
If the Delegate is not the assigned Spokesman, then authorize the
Delegate to cast ballots in the Spokesman’s absence according to the terms and
provisions of this “Resolution”.
b.
The . . . . . . . . . . . . . . . . . . .’s State Delegation must
always have at least one likeminded Delegate during all business meetings and
roll calls at the “Convention”.
3.
Distribute to all “Delegates” from . . . . . . . . . . . . . . .
. . . . a pocket size copy of the United States Constitution.
4.
Instruct “Delegates” of the mandate in the United States
Constitution in Article IV, Section 4 that guarantees to each State a
Republican form of government which gives each State equal standing when
Calling for a Federal Convention and when voting for proposed Amendments at a
Federal Convention, regardless of the State’s population.
5.
Work closely with Chairman from other State Delegations to find mutual
agreement on the objectives in this “Resolution.
6.
Assign to Delegates in . . . . . . . . . . . . . . . . . . .’s State
Delegation the following duties:
a.
Divide the Delegates in the 50 State Delegations at the “Convention”
by the number of . . . . . . . . . . . . . . . . . . .’s Delegates. Assign to
each of . . . . . . . . . . . . . . . . . . .’s Delegates a proportional
number of Delegates from other State Delegations for the purpose of gaining
consensus and agreement among the State Delegations that the Free Markets
Amendment, as herein written, should be sent to the States for
ratification.
7.
Build a consensus between at least 26 State Delegations at the
“Convention” to nominate “Convention” Officials who agree with
sending the Free Markets Amendment, as herein written, to the States
for ratification.
8.
Build a consensus between at least 26 State Delegations at the
“Convention” to vote for the installation of “Convention” Officials
who agree with sending the Free Markets Amendment, as herein written,
to the States for ratification.
9.
Build a consensus between at least 26 State Delegations at the
“Convention” to require that each State shall have one vote when voting on
any and all matters brought before the “Convention” regardless of the
number of Delegates in a State’s Delegation (Article IV, 4 U.S. Constitution).
10.
Build a consensus between at least 26 State Delegations at the
“Convention” requiring a quorum of 26 State Delegations before business
can be conducted and before a vote can be taken to decide any and all matters
at the “Convention”.
11.
Build a consensus between at least 26 State Delegations at the
“Convention” to require a simple majority vote to decide all matters
brought before the “Convention” at a roll call, including the question
of whether the Free Markets Amendment, as herein written, should be
sent to the States for ratification.
12.
Build a consensus between at least 26 State Delegations at the
“Convention” to work together for the mutual goal of sending the Free
Markets Amendment, as herein written, back to the States for ratification.
13.
Build a consensus between at least 26 State Delegations at the
“Convention” that requires the “Convention” to be terminated by the
end of the 180th day from the date it is convened, unless the
“Convention” votes to extend the “Convention’s” term for another
180 day period. The “Convention” shall have no further extensions
after 360 days.
CALLING FOR VOTES AT THE CONVENTION BY
THE CHAIRMAN
14.
Call for a vote (or coordinate with other likeminded Chairman from
other State Delegations to have them call for a vote) requiring that
each State Delegation is to have only one vote at roll calls on all matters to
be decided on at the Convention, especially whether the Free Markets
Amendment, as written herein, should be sent to the State Legislatures for
ratification. The United States Constitution in Article IV, Section 4
guarantees to each State a Republican form of government which gives each
State equal standing when Calling for a Federal Convention and when voting for
proposed Amendments at a Federal Convention, regardless of the State’s
population.
i.
Cast . . . . . . . . . . . . . . . . . . .’s vote to require “One” vote
per State Delegation.
a. ,Nominate a likeminded candidate to be
President who comes from . . . . . . . . . . . . . . . . . . .’s Delegation
(if possible).
b.
Call for a vote for a candidate to be President who is likeminded and
comes from a State that has enacted this “Resolution”, whether or not
you nominated the candidate to be President.
i.
Cast . . . . . . . . . . . . . . . . . . .’s vote to elect the
President described in Item 14. a, or 14. b.
ii.
The President shall be responsible for:
1.
Establishing this “Resolution” to be the Rules to follow at the
“Convention” (Robert’s Rules of Order should also be followed when the
President deems it necessary).
2.
Following the terms, directives and requirements of this “Resolution”.
3.
Staying focused on the only purpose the State Legislature had
when authorizing a Call on Congress to convene the Free Markets Amendment
Federal Convention, which is to decide if the Free Markets Amendment,
as here in written in Section E, should be sent to the States for
ratification.
4.
Security measures to be taken at the “Convention”.
a.
Weapons or objects that can be construed as weapons will not be allowed
at the “Convention”.
5.
Officiating the nomination and installation of Officers at the
“Convention”.
6.
Determining the agenda at the “Convention” as defined in this
“Resolution”.
7.
Establishing equal time lines for each State on all debates and for
arguments by the States, for or against sending the Free Markets Amendment
to the States for ratification.
8.
Prohibiting the introduction at the “Convention” of any subject matter
or issue other than matters relating to the Free Markets Amendment, as
herein written, and if it should be sent to the States for ratification.
9.
Expediting deliberations by the State Delegations and preventing
unnecessary delays.
10.
As quickly as possible, allow a roll call for the State Delegations to
decide if the Free Markets Amendment, as herein written, should be sent to the
States via Congress for ratification.
11.
Authorizing roll calls at the “Convention”.
12.
Invalidating all efforts to introduce other Amendments to the
“Convention, including any modification(s) or alteration(s), of any kind,
to the Free Markets Amendment, as herein written.
13.
Settling disputes.
14.
Dismissal of Delegates, including “Convention” Officials, for
violating this “Resolution” or for Security problems caused by the
Delegate(s),.by their State Delegation, “Committees” or State
Legislatures.
15.
Procedures for installing and recognizing Alternates who are to become
Delegates.
16.
Closing the “Convention” after the final votes are taken that
will decide if the Free Markets Amendment should be sent to the States
for ratification and by which mode of ratification the “Convention” is
proposing to Congress.
17.
Reporting to the United States Congress, the 50 State Legislatures and
the media the decision of the “Convention” regarding sending the Free
Markets Amendment to the States for ratification and the “Convention’s”
recommendation to Congress as to which mode of ratification should be
followed.
18.
Making formal requests to the State Legislatures, through
representatives in the 50 State Delegations, for monies that will be needed to
carry on the business of the “Convention”.
19.
Requiring that the “Convention” be closed to all media and news
groups. Only delegates appointed by their State Legislatures, security
screened suppliers, security staff, custodial staff and personnel who are
needed for carrying out the business of the “Convention” are to be
given security passes and permitted into the “Convention”.
iii.
If a candidate for President wins the Presidency and he does not come
from a State that has enacted this “Resolution”, then it is the Duty of
the Chairman and the Delegates in the . . . . . . . . . . . . . . . . . . .
State Delegation to use every means at their disposal to influence a favorable
vote by the “Convention” to send the Free Markets Amendment, as
herein written, to the States for ratification.
1.
The Chairman and . . . . . . . . . . . . . . . . . . .’s State
Delegation, in such a case, is still required to follow the directives in this
“Resolution” to the best of his/her abilities.
c.
Repeat items 14. a. and 14. b. above for the office of Vice President,
Secretary, Treasurer and any other office the Delegates deem necessary to
carry on the business of the “Convention”. The President will be
responsible to define the duties for each office in accordance to the
requirements of this “Resolution”.
d.
Call for a vote on the “Convention” floor that would require a quorum
of 26 States in order to conduct business and to vote on any and all matters
brought before the “Convention”.
i.
Cast . . . . . . . . . . . . . . . . . . .’s vote to require a quorum
of 26 States.
e.
Call for a vote to require a simple majority vote by the States when
deciding any and all matters brought before the “Convention” for a vote.
i.
Cast . . . . . . . . . . . . . . . . . . .’s vote to require a simple
majority vote by the States.
f.
Call for a vote requiring each State Delegation to appoint one Delegate
to be their Spokesman.
i.
Cast . . . . . . . . . . . . . . . . . . .’s vote to require each State
Delegation to appoint one Delegate to be their Spokesman.
g.
Call for a vote to decide if the Free Markets Amendment, as
herein written, should be sent to the States for ratification via Congress.
i.
Cast . . . . . . . . . . . . . . . . . . .’s vote requiring that the
Free Markets Amendment be sent to the States for ratification.
h.
Assuming the “Convention” votes to send the Free Markets Amendment
to the States for ratification, call for another vote to decide which method
of ratification the “Convention” will recommend to Congress, whether
by State Legislatures or State Conventions.
i.
Cast . . . . . . . . . . . . . . . . . . .’s vote to recommend to
Congress that the Free Markets Amendment, as herein written, be
ratified by State Legislatures and not State Conventions.
i.
Oppose any efforts by State Delegations to modify, alter or change in
any way the wording, punctuation, sections and spelling of the Free Markets
Amendment, as herein written.
j.
Oppose any efforts by State Delegations to offer any other Amendment to
the Constitution at the “Constitution” other than the Free Markets
Amendment, as herein written.
k.
Organize . . . . . . . . . . . . . . . . . . .’s Delegates at the
“Convention” and assign to each specific duties with instructions for
carrying out the objectives and purposes in this “Resolution" and
directives that may, from time to time, come from the “Committee” or
State Legislature:
l.
Assign to Delegates from . . . . . . . . . . . . . . . . . . . the
following responsibilities:
i.
Work with and gain consensus from other State Delegations for the
purpose of securing their agreement that the Free Markets Amendment, as
herein written, should be sent to the States for ratification.
ii.
Report to the Chairman the number of other States that plan to vote in
favor of the Free Markets Amendment.
iii.
Report to the Chairman any problems or opportunities that may have or
might develop relating to the directives in this “Resolution”.
m.
Develop and support other strategies that may help . . . . . . . . . .
. . . . . . . . . to join with at least 26 other States to vote for the
Free Markets Amendment at the “Convention”.
15.
Be amenable to both the “Committee” and State Legislature.
16.
The Chairman is bound by this “Resolution” to vote as directed
in this Section B. which includes sending the Free Markets Amendment,
as herein written, to the States for ratification via Congress.
17.
Conduct frequent meetings with . . . . . . . . . . . . . . . . . . .’s
State “Delegates” to review, analyze and report on the work being
accomplished at the “Convention”. Establish plans to correct problems
and to advance the objective which is to secure a favorable vote by the
“Convention” to send the Free Markets Amendment to the States for
ratification.
18.
Make regular reports to the “Committee” regarding all activities
at the “Convention.”.
19.
Notify the “Committee” of financial needs the . . . . . . . . .
. . . . . . . . . . State Delegation has at the “Convention”.
SECTION C. DUTIES AND RESPONSIBILITIES OF
“DELEGATES”
The Delegates of . . . . . . . . . . . . . . .
. . . .’s State Delegation will be required to follow the directives in this
“Resolution” and others that may be issued, from time to time, by the
“Committee” or by the State Legislature.
Each Delegate is charged with the following:
1.
Be amenable to the Chairman and Assistant Chairman of . . . . . . . . .
. . . . . . . . . .’s State Delegation.
2.
Work to advance all the requirements and directives in this
“Resolution”.
3.
Follow the instructions given to the Delegate by the Chairman or
Assistant Chairman of . . . . . . . . . . . . . . . . . . .’s State
Delegation, the “Committee” or State Legislature.
4.
Be subject to dismissal from the . . . . . . . . . . . . . . . . . . .
State Delegation for violation of this “Resolution”.
5.
The Delegate is bound by this “Resolution” to vote at all . . .
. . . . . . . . . . . . . State Delegation roll calls consistent with
directives given to the Chairman in Section B., which includes sending the
Free Markets Amendment, as herein written, to the States for ratification
via Congress.
6.
Attend all assigned business sessions at the “Convention”.
7.
Help the Chairman to successfully complete each of the objectives in
Section B.
8.
Attend all meetings scheduled by the Chairman:
a.
Report results of your work among other State Delegates.
a.
Assess and report to the Chairman the number of States that plan to
vote in favor of the Free Markets Amendment.
b.
Assess and report to the Chairman any problems or opportunities that
may have or might develop relating to the purposes of this “Resolution”.
c.
Recommend to the Chairman other strategies that may help . . . . . . .
. . . . . . . . . . . . join with at least 26 other States to vote for the
Free Markets Amendment at the “Convention”.
SECTION D. DUTIES AND RESPONSIBILITIES OF
“ALTERNATES”
The Alternates of . . . . . . . . . . . . . . .
. . . .’s State Delegation will be required to follow the directives in this
“Resolution” and others that may be issued, from time to time, by the
“Committee” or by the State Legislature.
Each Alternate is charged with:
1.
Being ready to become a Delegate if directed to do so by the
“Committee” or State Legislature.
2.
Fulfill the duties in Section C. when appointed to be a Delegate.
3.
When appointed to be a Delegate, work to advance all the requirements
and directives in this “Resolution”.
4.
Be subject to dismissal from the . . . . . . . . . . . . . . . . . . .
State Delegation for violation of this “Resolution”.
5.
When appointed to be a Delegate, the Delegate is bound by this
“Resolution” to vote at roll calls consistent with directives given to the
Chairman in Section B., which includes sending the Free Markets Amendment,
as herein written, to the States for ratification via Congress.
6.
Follow the instructions given to you by the Chairman or Assistant
Chairman of . . . . . . . . . . . . . . . . . . .’s State Delegation, the
“Committee” or the State Legislature.
7.
When appointed to be a Delegate, attend all assigned business sessions
at the “Convention”.
8.
When appointed to be a Delegate, help the Chairman to successfully
complete each of the objectives in Section B.
9.
When appointed to be a Delegate, attend all meetings scheduled by the
Chairman:
a.
Report results of your work among other State Delegates.
d.
Assess and report to the Chairman the number of States that plan to
vote in favor of the Free Markets Amendment.
e.
Assess and report to the Chairman any problems or opportunities that
may have or might develop relating to the purposes of this “Resolution”.
f.
Recommend to the Chairman other strategies that may help . . . . . . .
. . . . . . . . . . . . join with at least 26 other States to vote for the
Free Markets Amendment at the “Convention”.
SECTION E. TEXT FOR THE FREE MARKETS AMENDMENT
The exact text for the Free Markets
Amendment (including the wording, paragraphs, Section headings, spelling
and punctuations) that is to be sent to the State Legislatures, via Congress,
for ratification shall read as follows:
__________________________________________________________________________________________________
Text of proposed
FREE MARKETS AMENDMENT
ARTICLE 28 (or alternate number
to be assigned by Congress)
Section 1.
It is the right of citizens to enjoy their pursuit of happiness in an economy
that is governed by free market principles in which the distribution and cost
of goods and services are coordinated by supply and demand unhindered by
burdensome external regulations or otherwise controlled by the State or
monopolies. This right is foundational to a free people and must not be
violated by the State.
Section 2.
To secure the rights of citizens it is prohibited for the State, or any agency
of the State, to inhibit or prohibit the exercise of free market principles.
The establishment and growth of public and private businesses must not be
restricted based on political motivation or unreasonable regulations that
inhibit the furtherance of economic growth.
Section 3.
It is further prohibited for the State to impose on businesses or industries
restrictive laws or regulations that interfere with the establishment,
development and operations of any public or private business without first
showing that there is a clear and present danger to public health or safety
and without securing a Court order from the appropriate jurisdiction.
Notwithstanding, all parties shall have available to them recourse through
appellate review.
Section 4.
The Article, once ratified by
three quarters of the State Legislatures, supersedes in precedence and law all
existing laws and regulations, including Court decisions. It shall become
part of the United States Constitution 90 days from the date of its
ratification.
Section 5.
To secure the rights of citizens the provisions of this Article shall govern
free market policies for the United States. Any elected government official
who intentionally obstructs the enforcement of the provisions of this Article
will have committed an impeachable offense and will be subject to criminal
prosecution and upon conviction serve up to five years in prison for each
violation. Non-elected members of the United States Government, and private
organizations, and individuals who intentionally obstruct the enforcement of
this Article will have committed a criminal offense and upon conviction serve
up to five years in prison for each violation. The United States Department of
Justice shall be charged with the responsibility for prosecuting violators of
the provisions of this Article. Individual States shall have authority to
prosecute violators under State laws in the absence of Department of Justice
prosecution.
Section 6.
The provisions of this Article are enforceable within the United States which
shall include the Several States, the District of Columbia, and the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands
and the territories and possessions of the United States.
__________________________________________________________________________________________________
Resolved,
That the Clerk forward a copy of this signed Agreement to the Leadership in
the State Legislatures of every State that has likewise approved a similar
“Resolution” for their “Delegates”. The Clerk is to forward a copy
to Citizen Initiatives at P.O. Box 523 Spruce Pine, NC 28777-0523.
Citizen Initiatives is the facilitator on
behalf of the State Legislatures regarding the number of Calls by the States
for the Free Markets Amendment Convention, the number of other State
Legislatures that have passed the same Delegate Resolution for their Delegates
and the progress achieved during the ratification process. Regularly
scheduled reports of the progress achieved in the States will be sent to the
leaders of the State Legislatures by Citizen Initiatives.
This “Resolution” is hereby entered into and
approved by the Legislature of the State of . . . . . . . . . . . . . . . . .
. . on this date:
Month: ____________________ Day: _____ , Year: __________
.
Authorized Signatures with Titles:
Seal of the
State of . . . . . . . . . . . . . . . . . . .
Name: _________________________________Title:____________
Name: _________________________________Title:____________
Name: _________________________________Title:____________
Name: _________________________________Title:____________