My Democratic Party plantform suggestion for civil liberties:

A declaration of human rights and restoration of the Constitutional powers, accountability and checks and balances of the co-equal branches of the U.S. government.

 

We the people of the United States of America hold our citizens, resident aliens, foreign nationals and government, its elected and appointed officials, employees, contractors, agents and/or representatives accountable for obeying the rule of law as outlined in the Constitution of the United States, Federal acts, provisions of any treaties to which the United States is a signatory and for which the U.S.  Senate has approved said treaty, and the provisions of the1998 Rome Protocol establishing an International Criminal Court (ICC), upon ratification of said treaty.  In the event that any treaty conflicts with the U.S. Constitution, the Bill of Rights or its amendments, the U.S. Constitution will supersede such said treaty.

 

The United States will not sacrifice its sovereignty as a nation to any treaty or International government or body of law, nor will it obligate its citizens to taxation by any supra-sovereign entity by treaty or International government or body of law.  Neither may the POTUS or any member of the U.S. government negotiate any terms of agreement or enter into any such a commitment through any treaty or other instrument with any International government or supra-sovereign entity.

 

Equal opportunity and equal protection under the law are guaranteed to all human beings within the United States or its territories or under the detention or control of the government of the United States, and no exception will be given to these constitutional rights and protections regardless of race, gender, sexual orientation, ethnicity, national origin or religion.  Likewise, no government body or private entity shall be allowed to discriminate by denying equal opportunity or protection or inequity in compensation, benefit, termination or opportunity for advancement of employment based on an individual’s ace, gender, sexual orientation, ethnicity, national origin or religion.

 

No human being in the United States or its territories or held in detention or under the control of the U.S. government will be exempted from or considered to be above the law, nor will any aforesaid human being be deprived of his or her Constitutional rights and protections as outlined in the Constitution, Bill of Rights, or other ratified Constitutional amendments. 

 

Any provision of any Federal act which is found to contradict or violate the Constitution of the United States, the Bill of Rights or the other Constitutional amendments will be immediately null and void, and any other provision within said act that is not in said violation will be in full force and effect notwithstanding.  Any president signing such a bill into law will be considered in violation of his or her constitutional duties, charged with high crimes and misdemeanors, an impeachable offense, which, once brought by the U.S. House of Representatives and tried and found guilty by the U.S. Senate, will result in immediate removal from office and imprisonment for life without the possibility of parole. 

 

Executive Orders (EOs) do not have the full force and effect of law, nor do they supersede or replace, temporarily or permanently, the Constitution, the Bill of Rights or its other amendments or Federal Law.  EOs are to be used strictly for administrative functions of the Executive Branch, and the force of their authority do not constitute, supplant or supersede existing Federal or state law.  Executive Orders used for any other purpose will be considered illegal and unconstitutional and deemed immediately and permanently null and void.

 

Presidential Signing Statements are to be used strictly and exclusively for the purpose of setting forth the reasons why the POTUS vetoed a bill, as provided in the Constitution of the United States, and for no other purpose.  Presidential Signing Statements do not have the full force and effect of law, nor do they exempt the POTUS or any other human being from accountability to the law.

 

Executive Privilege is not a constitutionally recognized, granted or issued privilege to the president or any appointed cabinet officer, employee or contractor of the Executive Branch.  Neither the POTUS or any member of the Executive Branch or any individual working for or on behalf of the Executive Branch may use “executive privilege” to evade responsibility for accountability to Congress in its oversight duties, whether it be by subpoena for testimony or submission of requested documents.  Any subpoena for testimony or documents by Congress must be complied with fully and without exception in the manner and at the time specified by Congress.  Any failure to attend Congressional hearings at the appointed time specified in said subpoena or failure to provide all documents requested fully and without exception shall be considered “Contempt of Congress.”

 

The POTUS may not pardon or commute the sentence of any member of the Executive Branch who is under investigation by Congress or under prosecution by Federal court for misbehavior in his or her official capacity as an appointed officer, employee or contractor of the Executive Branch inuring the tenure of the POTUS. 

 

No government contractor or its officers, managers, employees, agents, representatives or subcontractors may be given exemption from prosecution of crimes committed in the United States, its territories, war theatres, foreign military bases, embassies or other property owned by the U.S. government in the fulfillment of a Federal contract for goods or services, whether current or expired.  No government contractor or its officers, managers, employees, agents, representatives or subcontractors may be exempted from liability from civil litigation for damages to any property or person of any human being in the United States, its territories, war theatres, foreign military bases, embassies or other foreign property owned by the U.S. government in the fulfillment of a Federal contract for goods or services, whether current or expired.  No government elected or appointed official who is authorized to sign contracts, waivers, or other legal instruments is allowed to approve or sign a waiver from prosecution or criminal or civil liability for any crime committed or damages incurred by victims of said crimes or negligence.  All government contractors, their officers, managers, employees, agents, representatives or subcontractors are required to comply with the law of the sovereignty wherein they reside or visit during their tenure with the U.S. government and/or where they perform their duties of behalf of or in compliance with any contract with the U.S. government.  Any such entity found in fraudulent violation of the terms of its contract or employment or in violation of any jurisdictional law described herein will have its contract or employment immediately terminated and will be ineligible for future employment or contract with the U.S. government or its agents or contractors

 

The United States government shall not create any alternate form of judiciary outside the Judicial Branch of the United States, headed by the U.S. Supreme Court and its court system, with the exception that military personnel shall be subject to the jurisdiction of courts martial.  No detainee, regardless of classification, held by the U.S. government that is not a Prisoner of War, as outlined in the Geneva Conventions, will be held in any prison or detainment camp outside the Federal Bureau of Prisons, or tried and convicted or acquitted by any judicial body outside the Federal court system of the United States, or sentenced to serve in any penitentiary or confinement system outside the Federal Bureau of Prisons. 

 

The United States of America does not torture any military detainee or captive, Prisoner of War, foreign civilian detainee or Federal prisoner, detainee, non-enemy combatant or any other designation or classification of detainee or prisoner under any circumstances.  Torture is defined as any activity which threatens the temporary or permanent health, safety or normal capacity and physical and mental functioning of an individual.  The United States of America will not enter into any extradition treaties or agreements with jurisdictions or governments that practice torture as defined herein.

 

The United States of America does not practice rendition or relinquish any military detainee or captive, Prisoner of War, foreign civilian detainee or Federal prisoner, detainee, non-enemy combatant or any other designation or classification of detainee or prisoner to any foreign government or supra-sovereign entity.   The United States of America will honor any extradition treaties executed and approved by Congress and surrender any requested detainee to the appropriate jurisdiction or government upon submission of proper court documentation.  Extradition treaties notwithstanding, should the U.S. government become aware of the requesting jurisdiction’s practice of or intent to torture or practice rendition, such extradition request will be denied and the transfer or prisoner or detainee to said requesting jurisdiction practicing torture or rendition shall not be executed, but the trial shall be conducted in the appropriate court jurisdiction inside the United States.

 

All Federal prisoners and detainees are provided due process according to the U.S. Constitution, its amendments and Federal Acts, as outlined in the Federal Rules of Criminal Procedure.  No prisoner or detainee shall be arrested or detained without a warrant issued by the appropriate Federal Court Justice based on probable cause or upon proper execution of extradition documents, and any individual legally detained by the U.S. government shall not be denied due process. 

 

No prisoner or detainee shall be denied access to an attorney or questioned without the presence of said attorney, nor shall any prisoner or detainee be questioned while under the influence of drugs or alcohol, illegal or medically prescribed, or while incapacitated by mental retardation, insanity or mental infirmity, sleep deprivation, starvation, dehydration or while legally prescribed medications are withheld.  Food, water and legally medically necessary prescriptions and medical treatments shall be provided during and throughout detention and interrogation without interruption.  The detainee shall not be deprived of medical care during detention or interrogation.  Any confessions obtained without the presence of an attorney or while incapacitated will be deemed illegally obtained and inadmissible in a court of law. 

 

The United States of America will not build or maintain concentration or detention camps.  Any concentration or detention camps not currently licensed and utilized as Federal prisons will be dismantled or repurposed.  Any refugee camps or disaster centers for victims of a natural disaster or as a result of military or terrorist attack or invasion will allow the occupants freedom of movement within the camp’s facilities and to and from the camp and its facilities without the inhibition of bars, locks, barricades or fences that prevent the occupants from leaving at will (in other words, not jails disguised as refugee camps or disaster centers).

 

The United States of America will not maintain lists of law-abiding American citizens for purpose of surveillance, denial of government services or preventing the daily transportation and activities of normal life without a warrant.  Any individual maintained on a U.S. government “Watch List,” “Terrorist List” or “Fugitive List” must contain the person’s full name, social security number or other identifying number by which the warrant for the  “suspected” individual can be cross-checked and verified (and obviously a warrant ID).  Any warrant for an individual proven to be innocent of suspicion must expire immediately upon receipt of proper documentation and the individual’s name and identifying numbers removed by the U.S. government within three days of notification of the expiration of the warrant, with all Federal and linked databases updated within that three-day limit.  Any elected or appointed government officer, employee, contractor, agent or representative who utilizes aforementioned lists for political or malicious purposes, intimidation or social ostracization will be removed from their position, criminally prosecuted and ineligible for future employment or contract with the U.S. government or its agents or contractors.  Any individual whose warrant expires but is detained because the lists are not timely updated will be compensated for their time and inconvenience, including a punitive award.

Advertisements

About Laura Schneider

Retired IT consultant (disabled), musician and animal lover. I support the constitutional concept of Right of Privacy and no discrimination against any person based on race, religion, ideology, gender, sexual preference or disability. I am very concerned about the erosion of our constitutional rights and protections under GWB (and even this administration). I strongly oppose torture, rendition or illegal search and/or seizure (without a warrant) and warrantless wiretapping. I believe that education is our best hope of a bright future for our children. Knowledge is power, and that's the kind of authority (Biblically speaking) that our children must have in order to be successful in a 21st century world.
This entry was posted in civil liberties and tagged . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s