​​​​Perfecting the US Constitution Project
By Dr. Todd C. Clark 2/11/17


Our Founding Fathers created three amazing documents the Declaration of Independence, The Constitution of the United States, and the Bill of Rights.  These founding documents laid the foundation for freedom and prosperity in America.  Unfortunately, evil has corrupted the greatest system of government, which now enslaves the people in debt, taxation, burdensome and oppressive laws, and diminished rights.  The Declaration of Independence addressed the problem of what to do with an oppressive government by stating, “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” Our Founding Fathers gave us the greatest experiment of freedom, but it is now time to “alter or to abolish it, and to institute new Government.” 

This new governmental system is called a
Sovereign Constitutional Republic.  It takes the Constitution of the United States and upholds the valuable constructs of freedom, rights, and governmental restraints and suppresses the insidious corruption of politicians, crony capitalists, and activists against liberty. 

The basic premise of freedom is to live your life as you choose and to not negatively affect anyone else’s freedom.  The basic premise of crime is the destructive interference in someone else’s life, liberty, or property. There is no crime if there isn’t a victim, loss, damage, or broken contract.  Therefore, all acts of victimless crimes (malum prohibitum) are abolished.  This would release more than 34% of all persons from prison today (86% of federal prisoners) [1] (e.g., drug arrests, gambling, possession of items without a permit/license, selling raw milk, etc.) and stop most extortions perpetrated by government on the people (e.g., moving violations, jaywalking, selling loose cigarettes, not baking cakes, building a pond on your own land, not having health insurance, etc.).   

The main purveyors of corruption in our governmental system are politicians.  The current process of becoming and acting as a politician must be replaced by a servant-focused institution.  Politicians infect the system by utilizing favors, money, and promises.  Politicians require massive amounts of money to wheel and deal to capture the prize of power and riches.  They court millionaires and promise certain favors in return, including beneficial laws, subsidies, grants, tax breaks, and bailouts to name a few.  Politicians court the common serfs for votes by promising free benefits—free education, free healthcare, free contraception, no accountability for illegal aliens, increased security, and special treatment for minorities.  As Mark Twain observed, “If voting made any difference they wouldn’t let us do it.”  No longer will there be voting and elections with this Constitution. 

The Declaration of Independence eloquently revealed the source and authority of our rights where it states, “We hold these truths [facts] to be self-evident [obvious], that all men are created equal, that they are endowed [equipped and given] by their Creator [God] with certain unalienable Rights [not transferable rights], that among these are Life, Liberty and the pursuit of Happiness.”  Our Founding Fathers understood that government does not grant or deprive rights, but it’s a natural or God-given entitlement that cannot be taken away without due process.  The Constitution, laws, and function of government must be based on the Judeo-Christian belief system.  You may ask, why would you need a belief system?  President John Adams answered that question, saying, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”[2] 

A belief system is vital for several reasons.  First, we all believe in something that guides our lives (worldview).  Whether one believes in nothing or atheism, both are beliefs and religions.  Unfortunately, atheism is based on chaos.  There are no universal truths, ethics, standards, morals, right and wrong, or good and bad to guide society.  Who or what are the rule makers?  Any rules created by atheists can be changed for any or no reason.  Second, the Judeo-Christian philosophy brings us absolute universal truths, ethics, standards, morals, right and wrong, or good and bad to guide society, based on the scriptures.  Third, Christianity treats all faiths and beliefs with respect and fairness, and allows individuals to prosper, whether they believe in God or not.  As it states in Matthew 7:12, “So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets.”[3]  Unfortunately, Sharia law (Islamic law based on the Koran) discriminates against all who don’t follow Islamic teachings.  Finally, Christianity is the major belief system among Americans.  This provides a good foundation for society to live by.

We the Sovereign Individuals

We the People are the sovereign individuals in our society.  That means We the Sovereign Individuals are as kings and queens, being only accountable to God.  Our servant, the government, protects the rights of the people.

Under this new Constitution, the sovereign individuals wield a mighty 10% of the power to remove, punish, and oversee government agents, while the co-equal branches of government (executive, legislature, judicial) represent 30%/30%/30% and function in their typical roles, but under stricter rules.

Ten percent of the population must file an affidavit against a government agent(s) to trigger a federal court trial.  Twenty-four sovereign individuals will be chosen by sortition (lottery) to sit on the jury to hear the case and render a verdict.  There must be an 83% agreement to convict or acquit the accused.  That means 20 out of 24 must agree to convict or acquit to settle the case.  If there is a conviction, the jury can sentence the accused to punishment, including fines, removal from office, prison, or the death penalty (for treason) to name a few.  Today, when the Supreme Court makes an obviously unconstitutional decision, there is nothing the people can do about it.  With this proposed process, sovereign individuals can for instance, when the Supreme Court ruled that the Patient Protection and Affordable Care Act (ACA) was constitutional based on the power of Congress to tax.  Thus, based on the facts, 10% of the sovereign individuals could initiate an impeachment of the 5 Supreme Court justices.  The ACA bill did not originate in the House of Representatives as tax bills are required to, and mandating purchasing a product for merely being born is unconscionable, and is therefore prima facie evidence of an unconstitutional decision.  If the jury brings back a conviction, the defendants are sentenced, new justices are chosen by sortition, and the law(s) is/are void.

It is important for government agencies to have oversight.  One way to accomplish this is for individual sovereigns to scrutinize government secrets, operations, and methods.  The monitors must acquire security clearance and swear an oath of secrecy to the country and uphold the Constitution.  This position would be great for our retired individuals who care about the safety, security, and freedom of our country.  People would do this for little or no money.  The monitors would go to a government facility where they would read and observe information.  They would use technology within the facility to take notes and communicate with other monitors in the country.  Monitors would be limited to the information of a certain department.  Any criminal or unconstitutional activity could be presented to a federal judge or to congress.  Whistleblowers may go to these monitors, who would analyze their flagged information and make recommendations to federal judges for criminal or unconstitutional activities, or present information to Congress for consideration or action.  Since monitors have security clearances, they could be used on juries where government secrets are represented.

Appointed Offices

All appointed politicians, judges, ambassadors, military board members, militia coordinators, etc. will be selected by sortition (lottery).  Jurors of today are allotted in a similar manner.  Individuals who meet certain requirements (e.g., age, citizenship, residence, etc.) are pooled together and are randomly selected for jury service.  Sortition was used in ancient Athens “beginning with the archons in 487-486 BC.” [4]  Under the Sovereign Constitutional Republic, officers must meet certain qualifications such as being natural-born citizens, being within a specific age range, and completing course studies with passing grades.  After the positions have been appointed, those government agents could put their names in for specific committees and leadership positions like Speaker of the House and Speaker of the Senate (Senate Majority Leader), which are selected by sortition also.

There will be course study requirements on specific documents (e.g., Constitutions and Bill of Rights, Declaration of Independence, Articles of Confederation, Magna Carta, Mayflower Compact, Common Sense, Anti & Federalist Papers, Bible, Basic Economics, The Road to Serfdom, Capitalism and Freedom, Second Treatise of Civil Government, The Law).  We can debate on what documents should be studied for this requirement.  Tests will cover a basic understanding of each document.  When individuals take the tests and register wrong answers, these individuals will be redirected to the proper sections of the document to make the correct answers.  It is important that every individual understands these documents.

I address citizens as sovereign individuals for several reasons.  The government is not our authority or ruler.  Our governmental agents are servants upholding the rights of sovereign individuals.  It is the sovereign individual that rules over his or her life, liberty, and property.  He or she is responsible to God and no one else.  Therefore, sovereign individuals should refer to themselves as kings and queens.  All government agents will be referred to as servants and will be addressed as such (e.g., Servant President Jim Smith, Servant Senator Sarah Johnson, Servant Justice Malik Jones, etc.).  Who is more deserving of the titles of king and queen than the sovereign individuals under this Constitution who are self-determined and self-made?  It certainly doesn’t belong to kings and queens around the world who live off the extortion of wealth from the common man at the barrel of a gun.

Compensation for all politicians and judges should be fairly high, but with no retirement.  Pay should be based on the Yearly Median Family Income (YMFI) (e.g., $50,500).  Therefore, if the yearly median family income rises, so will their paychecks. No need to vote for pay raises… ever.  Examples of pay: president’s pay is 8 times YMFI ($404,000), Vice President, 3 alternates, and Congress members are paid 4 times YMFI ($202,000), and Supreme Court justices are paid 5 times YMFI ($252,500) etc.  There should be a law to allow senators and representatives to be excused from their outside jobs to conduct their governmental duties.  A teacher, businessman, or farmer could be a representative/senator and use the proceeds from their political paycheck to pay a person to do their job back home for the 4 months each year during which they are conducting business at the capital.

Only 5% of government agents can be armed while performing their jobs (excluding the military).  All other government agents must be disarmed while performing their duties.  When these agents get into their vehicles to go home for the evening, they may arm themselves as a sovereign individual.  Unfortunately, our present government has militarized almost every department or agency, including the IRS, EPA, Health and Human Services, Agriculture, National Park Service, the Smithsonian, Library of Congress, and Education.[5]  It might make you think the federal government is at war with the people.

Double jeopardy is legal for prosecution of government agents who break the law while performing their governmental duties, but the convicted will only serve one sentence.  The quick rationale is that politicians and governments rarely punish their own and I offer Us the Individual Sovereigns the option to petition the government for jury trials for such offenders.

Governments (federal, state, local) should function like the city of Sandy Springs, GA.  There should be only a limited number of fulltime employees performing specific functions and receiving modest benefits.  All other functions and services should be outsourced for a more cost effective outcome.[6]

Servant President

The Servant President serves a 4-year term with the option of an additional 4-year term if he or she so chooses. He or she must be between 45 and 75 years old, a natural-born citizen, and a resident within one of the states, and must pass specific course studies.  Ten sovereign individuals are chosen altogether by sortition.  The first is the President, the second is the Vice President, and the next three are a part of the president’s cabinet.  The last five live at home and receive little or no pay but are informed of the executive branch’s activities and secrets.  When a position is vacant, each remaining individual moves up in position to fill the vacancy.

The electoral college would be utilized in the sortition process.  Each state would randomly pick from its own pool of qualified candidates.  The number of candidates would represent per the number of representatives and senators the state has (e.g., California has 2 senators and 53 representatives).  The President, Vice President, the 3 cabinet members, and the 5 alternates will be chosen from the total picked candidates from all states (e.g., 538 total candidates).

The military is set up with a military board chosen by sortition, representing all branches of the military.  When the military executes its duties, the military functions very well, but when politicians micromanage the military, it becomes a cluster of incompetence (e.g., Benghazi, Vietnam War, etc.).  The military must be autonomous in executing its duties.  There is already plenty of oversight.  Congress and the President declare war with specific goals.  The military presents various options for meeting the objectives, and the Congress controls the purse.  The military board communicates with the President and Congress.  Therefore, the President would not have the title of Commander-in-Chief since it’s the military that is in charge.

The president may pardon, but not anyone from the executive branch past or present.

The President does not appoint anyone to any position of government.  This helps to avoid corruption.  It allows the various departments of the executive branch to uphold the Constitution without interference and allows them to execute their duties autonomously.  The Supreme Court chooses the administrator of the various governmental departments for the executive branch, and the senate has the power to confirm or reject the appointments by a simple majority.  The President has the power to fire an administrator of the executive branch for just cause (a strict “just cause” definition must be established).  There will be no executive orders.

Congress

Congress should only work about 4 months out of the year like TX and GA state legislators do. Issues throughout the year could be handled over the internet (e.g., teleconferencing, discussion boards, videos, etc.)

Bills cannot be more than 100 pages long (12 point, Times New Roman, single-spaced) and must expire after 15years. There can only be 10,000 pages of laws, so some laws will have to be removed or replaced to make room for new ones.  Bills must be voted on by their own merit, without other unrelated items and pork (e.g., bridges to nowhere).  Laws that come to their 15year end must be reintroduced as bills to be voted on again individually.

Congress may impeach any government official, and if the Congress fails to address the situation or render a just sentence, We the Sovereign Individuals may take it upon ourselves to initiate a jury trial (see above for details).

For instance, Lois Lerner, who is the Director of Rulings and Agreements in the IRS, and her department overwhelmingly targeted conservative groups over other groups (liberal-leaning) for increased scrutiny.  There was a “Be on the Lookout” list, and Lois Lerner apologized for the targeting of specific groups.[7]  Neither the Congress nor the Justice Department executed any criminal charges.  Consequently, We the Sovereign Individuals would have the option to petition the government by gathering 10% of the population with affidavits to trigger a jury trial.  If Congress failed to prosecute or prosecuted with an unjust sentence, the jury could convict the agents with a more severe sentence. Then they would uphold that sentence and drop the Congress-appointed sentence of a lesser charge.  In addition, government agents who invoke their Fifth Amendment rights in regard to their governmental duties, as Lois Lerner did, would be relieved of their duties, with all agent documents, computers, and files seized, and no pay during this process.

House of Representatives

Servant Representatives are chosen by sortition and serve a 3-year term with the option of an additional 3-year term if he or she so chooses.  He or she must be between 30 and 75 years old, a natural-born citizen, and resident within the representative district, and pass specific course studies.  To start, the first-half of the representatives will serve 6 years (or one 3-year term).  To start, the second half of the representatives will serve 7 years (or one 4-year term).  This will allow for a staggered structure of representatives who are veterans and novices to represent the people.  I believe the amount of representation according to the population should be kept, but the districting must be according to natural boundaries like counties and or land geography (rivers, mountains, etc.).  History has shown that politicians have exploited districting to disenfranchise citizens’ representation.

Senate  

Servant Senators are chosen by sortition and serve a 4-year term with the option of an additional 4-year term if he or she so chooses.  He or she must be between 30 and 75 years old, a natural-born citizen, and resident within his or her senate district, and pass specific course studies.  There will be two senators per state.  To start, the first half of the senators will serve 8 years (or one 4-year term).  To start, the second half of the senators will serve 5 years only.  This will allow for a staggered structure of senators who are veterans and novices to represent the people.

Supreme Court

Servant Supreme Court Justices are chosen by sortition and serve 10 years.  The Chief Justice will be chosen by sortition also, allowing the 9 justices who want the position to cast their lot.  He or she must be between 45 and 70 years old, have at least 15 years of service in the legal system, be a natural-born citizen, pass the bar exam, and pass specific course studies.

There are 9 justices who will serve 10-year appointments.  The first 9 judges have a staggered appointment (i.e., 1=9yrs, 2=10yrs, 3=11yrs, 4=12yrs, 5=13yrs, 6=14yrs, 7=15yrs, 8=16yrs, 9=17yrs).  Thereafter, each justice serves 10 years.  Each year a judge will be chosen by sortition to replace the outgoing justice.  If there is a vacancy, the replacement by sortition will serve out the remainder of the appointment, and if the remainder of the time is less than 5 years, he or she may serve an additional 10-year appointment.

The Supreme Court chooses the administrator of the various government departments for the executive branch; e.g., Secretary of State (foreign activities), Secretary of Commerce (monetary system, interstate regulations), Secretary of Defense (military), Attorney General (rights of the people and security, etc.).  The Senate may confirm or reject the nomination by a simple majority.  Each executive is responsible for every aspect of the department like a CEO of a company (e.g., hiring, firing, budgeting, upholding the Constitution, etc.). 

The rationale is to keep the President from controlling the departments for influence, political gain, or corruption.  For instance, President Obama manipulated the Justice Department in various ways including not bringing charges against the New Black Panther Party, not securing the borders, gun trafficking under Fast and Furious, and releasing violent illegal aliens into our communities.  In addition, he manipulated procedures used to fulfill his “Don’t offend Muslims” or “No Islamic Terrorist” ideology throughout the entire Executive Branch.  For instance, in the Orlando shooting, the 911 transcripts were altered to remove the terms ISIS and Allah.  The legal system should never be manipulated to present a specific narrative or agenda.

The Supreme Court may pardon individuals from the Executive Branch, while the President may pardon individuals outside of the Executive Branch.

Bill of Rights: The Ten Amendments Plus These Additional Amendments

II Amendment: There are no laws in regard to weapons other than the manufacturing of weapons (e.g., material integrity, inferior workmanship, etc.).  A weapon is any device that is designed for offensive attack and defensive protection.  [The definition should allow for future technology] If you are not in jail or in a psychiatric facility, any adult (18years or older) may carry a weapon.  Parents are responsible for their children when it comes to using weapons.  Every state must have a regulated militia comprised of individual sovereigns of the state, ages 18 to 60.  Every state will appoint 10 sovereign individuals (minimum 40 years of age, natural-born, state resident, passing grade on course studies, former military officer) by sortition.  This committee will establish training, rules, logistics, etc., for their state.
~Personhood is established at the point of conception and continues until a doctor has executed a certificate of death.
~The family unit (father, mother, and children) is the most important institution that must be encouraged, strengthened, and supported.  [When making legal decisions, the court should make decisions that uphold the family unit first (e.g., adoptions should be placed in a family unit before a single parent unit)]
~The Judeo-Christian belief system cannot be removed from the public square, but is infused into government and society.
~Any individual or business may contract or not contract with any individual or business.  Governments and monopolized industries (e.g., electric, water, sewer, etc.) must be accommodating, neutral, and non-discriminating.
~All government agencies must function within the confines of a balanced budget, including federal, state, and local governmental agencies.
~Government will not provide military occupation around the world.  The military may be used for protecting the country’s assets and trade [The United States has military forces present in nearly 150 different countries[8] and no declaration of war since WWII].
~No foreign law or agreement can change individual rights, freedoms of sovereign individuals, or the Constitution
~Government will not provide foreign aid, disaster relief, welfare, grants, bribes, etc.
~Government will not provide Corp. welfare, subsidies, grants, bailouts, etc.
~Government will not provide social(ist) programs (e.g., Obamacare, welfare, SSI, student loans, education, etc.) [If a person is in need, he or she may contact family, friends, churches, neighbors, organizations, businesses, etc.].
~Political parties are outlawed for those who put their name into the process for office and individuals working as government agents.
~Federal, state, and local governments cannot own land and property that is not pertinent to their function and duties.  They must auction off all unused land back to the citizens.
~Taxes:6% federal tax on all import and export of goods and services, 6% state sales tax on all products and services within the state.  Each state may determine the percentage of tax no greater than 6% [The question may arise as to what happens if there isn’t enough money for roads, bridges, and wars.  The answer is to ask the people, organizations, and businesses for donations to solve the problems.  If a war is just, people will donate money and volunteer to join.  During WWII citizens helped by donating scrap metal and rubber, and rationing clothing, food, and gas].
~No government agency, federal, state, etc., may establish a form of education or interfere in the exercise thereof. 
~No government agency, federal, state, etc., may profit from a crime or legal outcome [e.g., asset forfeiture, civil forfeiture, tickets, etc.  Any property or money taken from a person must be for the restitution of the victims.]
~Commerce: Government monitors and regulates standards of currency (e.g., measurements, purity, security standards, etc.); corporations may create currency (certificates) backed by metals (e.g., gold, silver, etc.).  Government does not manipulate the monetary system (e.g., interest rates, etc.).  The government regulates by keeping things regular between states and insuring specific standards.
~There is no marshal law—federal, state, or local [In the case of emergencies, governments will notify citizens of the crises and the actions necessary to take, and it is the responsibility of the citizens to comply, or the citizens are responsible for themselves].
~The borders must be secured from illegal aliens, foreign invaders, criminals, and diseases.

Each state must abide by the Constitution by protecting the rights of the people, restraining the state government like the federal government, and functioning in the same manner as the federal government.  Therefore, the state governments appoint officers based on sortition, age, passing course study testing, and are natural-born citizens, but have the freedom to lower the pay compensation, age of representation, and length of terms.

In conclusion, I am one person setting the stage for major change for the greatest Constitution for a free society.  It took dozens of Founding Fathers to create and establish our present system that needs to be transformed.  It will certainly take several dozen authors to establish this Sovereign Constitutional Republic.  I feel this is a good starting point for igniting the flames of liberty around the world.  If these ideas resonate with the people, I will engage in a comprehensive undertaking of specifics, rationale, and ideology to support this Constitution, and recruit the greatest minds for freedom to establish free societies around the world.  We are living in a perfect age where several states in the US are establishing a Convention of States, there is talk of Texas seceding, Britain is leaving the EU, and other nations possibly may leave in the near future.  I envision a state or several states seceding from the US and other nations around the world uniting under this Sovereign Constitutional Republic to create a country established all around the globe.

Dr. Todd C. Clark is an educator in the state of Georgia and the founder of the nonprofit organization Sovereign Learning Institute, Inc.  Dr. Clark was born in the Constitution State, a graduate of Liberty, and is a defender of individual sovereignty.  Please go to www.SovereignLearning.com and www.SLIHonors.com to learn more about sovereignty and education, and feel free to donate to the Sovereign Learning Institute, Inc., to help spread the message of sovereignty (and receive a tax-deductible receipt).

[1] Suede, M. (2011). Victimless crime constitutes 86% of the federal prison population. Libertarian News. Retrieved from https://www.libertariannews.org/2011/09/29/victimless-crime-constitutes-86-of-the-american-prison-population/

[2] John Adams, The Works of John Adams, Second President of the United States, Charles Francis Adams, editor (Boston: Little, Brown, 1854), Vol. IX, p. 401, to Zabdiel Adams on June 21, 1776.

[3] The Holy Bible, King James Version. New York: American Bible Society: 1999; Bartleby.com, 2000. www.bartleby.com/108/.

[4] Encyclopedia Britannica. (2016). Sortition. Retrieved from https://www.britannica.com/topic/sortition

[5] Farago, R. (2010). Full list of armed federal agencies. Retrieved from http://www.thetruthaboutguns.com/2010/03/robert-farago/full-list-of-armed-federal-agencies/

[6] The Economist. (2012). Here’s how to do it. Retrieved from http://www.economist.com/node/21559633

 [7] CNN. (2011). U.S. military personnel by country. Retrieved from http://www.cnn.com/interactive/2012/04/us/table.military.troops/

 [8] Erb, K.P. (2016). IRS targeting scandal: Citizens United, Lois Lerner and the $20M tax saga that won’t go away. Retrieved from http://www.forbes.com/sites/kellyphillipserb/2016/06/24/irs-targeting-scandal-citizens-united-lois-lerner-and-the-20m-tax-saga-that-wont-go-away/#490754f552f4

Sortition—Chosen By Lottery

Sovereign Constitutional Republic

Sovereign Learning Institute, Inc.