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SUMMARY OF THE CONSTITUTION OF THE

SOUTHERN INDEPENDENCE PARTY

PREAMBLE

We, the People of the Southern States, with each State acting in its sovereign and independent character, in order to form a political compact between the Southern Independence Parties of the several States whose People are committed to Biblical-Christian principles, limited government, free trade and open markets in the furtherance of the Asheville Declaration of Independence and in accordance with the will and well being of the Southern people, and invoking the favor and guidance of Almighty God, do hereby ordain and establish this constitution of the Southern Independence Party. - JULY 4, 2000



PRELUDE TO THE FEDERATION OF STATES INTRODUCING THE

CONSTITUTION OF THE SOUTHERN INDEPENDENCE PARTY

Ladies and Gentlemen of the Congress of the Southern Independence Party's State Delegates:

Dennis Joyce, Executive Trustee of the Federation of States introduces a Constitution which has evolved after reviewing portions of the January 7, 2000 Constitution which had been prepared by the hard work of several dedicated Southerners and was finalized by them on December 15, 1999. Notably contributing were George Kalas, Michael Hill, Joel L. Watts, Greg Kay, Thomas Rhyne Brown, Dr. Thomas Hiter, Ph.D., Charles Smith and several others of great importance who were supporting this effort behind the scenes and including Mike Crane who wrote much of the document.

As this movement has grown and taken in members from many new States, growing pains have been experienced as would be expected. Political organizations go through a natural metamorphism similar to organic cells as they grow and mature. The needs and modes of operations also change, as they must, to meet the maturing challenges and yet must retain their initial seedling fundamentals and ideals. Thus it has been in the Southern Independence Party and thus it shall continue.

Foremost among these seedling ideals are the ideas of our freedoms and rights being protected by a Federation of neighbors and States of like mind thus offering each other a degree of liberty along with certain securities of person, family as well as other rights of Life, Liberty and the Freedom for the Pursuit of Happiness, the right of Contract and to Possess Property, Freedom of Religion, Expression, Speech and of the Press and of the right of the people to peacefully Assemble and to Petition the Government for the Redress of Grievances, the Freedom to Keep and Bear Arms including the right to establish State and Private Militias, and to end most of our international treaties, and to end the centralist federal control and policies over us and to free ourselves from federal personal income tax.

To best secure the rights above mentioned, two main principles and goals along with their opposition have been recognized as involved in the eternal struggle for personal freedoms and local government as follows:

 

1. "STATES' RIGHTS AND INDIVIDUAL SOVEREIGNLY vs

Centralist Dictatorial Control from the Top Down by the New World Order."

 

2. "SECESSION AND INDEPENDENCE FOR THE SOUTHERN STATES vs

Continued Occupation and Suppression by the United States."

 

3. "RESTORATION OF A FREE GOVERNMENT OF THE

CONFEDERATE STATES OF AMERICA"

CONSTITUTIONAL CONVENTIONS


To secure these rights, then, we, the undersigned, after a Special Caucus of the elected Executive Committee of the Southern Party of Texas which was held in Bryan, Texas, met in the capacity of a Constitutional Convention on May 6, 2000 in order to review, incorporate and improve upon the January 7, 2000 Constitution in order to secure a more perfect Federation Involved in this meeting were Dennis Joyce, Carol Edwards, John David Poole II, Vance J. Beaudreau and Robert Baker.

Finally, after a draft of this Constitution was distributed and comments and suggestions were obtained, the present comprehensive Constitution was finalized, and after editing for clerical errors, was unanimously approved and submitted to a larger Constitutional Convention of July 4, 2000 with such State leaders as were involved becoming Trustees of a Trust Indenture called the Federation of States and who received authority from the Trust Creator/Trustor for the management of the Trust Indenture and for the acceptance, adoption and protection of the Constitution of the Southern Independence Party.

It was a the primary purpose of this later Constitutional Convention in Atoka, Oklahoma on July 4, 2000 to construct a contract (charter) in the form of a common law trust which would serve as the umbrella (national) organization for the Constitution of the Southern Independence Party. It was a fundamental consideration of this Convention that a party Constitution would be likely to set the pattern for a later construction of a Constitution for a nation made up of a Federation of Free States and therefore much emphasis was placed on individual freedoms and the Sovereignty of the various States' Parties while arranging for the loan of enough Sovereignty from these States' Parties so that a cohesive and effective national Federation could be effected without too much erosion of authority and rights from the States' Parties. In other words, the constructed Constitution is designed to avoid unchecked top down centralist control leaving most of the control and authority at the State level and with the individual members of the party. It was the secondary purpose of this July 4, 2000 Constitutional Convention to adopt the Constitution of the Southern Independence Party.

The Trustees of this common law trust called Federation of States shall serve as a Board of Trustees for the management of the Trust Indenture and for the acceptance and protection of the Constitution of the Southern Independence Party. This Board of Trustees is and shall be made up of State Chairman of the Southern Independence Party who shall oversee the functioning of the Trust for the purpose of providing a Federation of States of Southern Independence Parties and a limited government thereof called "The Southern Independence Party." But, it shall not be a purpose of the Federation of States to run or control the Southern Independent Party which shall be run by the various State Parties belonging and pledging loyalty thereto.

INITIAL ORGANIZATION


The Board of Trustees of The Federation of States shall endeavor to hold meetings or telephone conferences with various State Chairman of existing State Southern organizations to explain the overall plan. Those Chairmen or Provisional Chairmen of the various States desiring to become the Chartered Southern Independence Party for their State shall join the Federation of States as equal participants (Trustees) with the existing Chairmen who are Trustees of the Federation of States. This shall be the only multi-state chartering involved since no national party shall be chartered by the U.S. Federal Election Commission. But each State organization so chartered by the Federation of States (a common law Trust) must file properly with the Secretary of their respective States to be legally registered as the Southern Independence Party of their particular State.


These State parties of the Southern Independence Party (or Independent Southern Parties)

shall produce and ratify their own By-Laws while generally following the Proposed Constitution of the Southern Independence Party.

 

CERTIFICATION AND RATIFICATION OF

THE CONSTITUTION OF THE SOUTHERN INDEPENDENCE PARTY


Once a sufficient number of States (perhaps six or more) have become chartered by the Federation of States as affiliated with the Southern Independence Party, the Board of Trustees of The Federation of States shall hold a National Convention for the Southern Independence Party at a site and date agreed upon for the formal Certification of this Constitution by the Southern Independence Party Provisional Congress made up of two Delegates from each of the various State Southern Independence Parties Chartered for submission to the various State Southern Independence Parties Executive Committees or members of each Chartered State who shall vote for or against Ratification. Such State Parties shall then Formally notify the Executive Director of the Federation of States of the ratification results.

 

NATIONAL SOUTHERN INDEPENDENCE PARTY ELECTIONS


After a successful ratification of the Southern Independence Party Constitution, those State Parties who did ratify shall hold elections within their own State Parties in accordance with the Constitution of the Southern Independence Party for Senators and for Representatives.

 

CHAIRMAN OF THE S0UTHERN INDEPENDENCE PARTY


The duly elected Congress (Senate and House of Representatives) shall meet and elect a Chairman for the Southern Independence Party as a whole as well as the Senate shall elect a President of the Senate and the House of Representatives shall elect a Speaker of the House. From that point forward, the governance of the Southern Independence Party shall proceed as outlined in the Constitution thereof.


Respectfully submitted for the South,

Board of Trustees of The Federation of States

For the Southern Independence Party






[For full text of Constitution go to www.southernindependentparty.org ]

SUMMARY OF THE CONSTITUTION OF

THE SOUTHERN INDEPENDENCE PARTY



ARTICLE I. PRINCIPLES, GOALS, AND CODE OF CONDUCT

SECTION 1: Southern Independence Party Principles - To protect our rights of Life, Liberty and the Freedom for the Pursuit of Happiness, including our rights to our cultural national and ethnic heritage, the right of Contract and to Possess Property, Freedom of Religion, Expression, Speech and of the Press and of the right of the people to peacefully Assemble and to Petition the Government for the Redress of Grievances, the Freedom to Keep and Bear Arms including the right to establish State and Private Militias, and to end most of our international treaties, and to end the centralist federal control and policies over us and to free ourselves from federal personal income tax.

SECTION 2: Southern Independence Party Goal - To gain Southern independence. To run candidates for State offices, especially those of the legislature and the Governor in the various States in the Federation. To make plans for the eventuality of independence for the election process for Federation level officers including a president. To make plans for peaceful relations with the neighboring countries such as the United States and Mexico and for the continuance of commerce.

SECTION 3: Code of Conduct - To establish a code of conduct and encourage polite behavior with each other befitting of ladies and gentlemen.


ARTICLE II. PARTY LEGAL ORGANIZATION

SECTION 1: Southern Independence Party Chartered in Texas - Federation level chartering process for development, but not control of the Southern Independence Party

SECTION 2: Chairman of the Southern Independence Party - Provisions for the election of a Party Chairman to preside over the Southern Independence Party, serving at the Federation level, in open conventions over the several State Parties for a one year term. Robert's Rules of Order, 9th Edition shall be used. The Party Chairman shall be the chief and legal executive officer of the party, but shall serve with limited authority including overall administrative authority which shall normally be largely delegated to the Executive Director of the Southern Federation Committee (SFC). The elected Party Chairman shall be sworn in by the Chief Justice of the Constitutional Court and shall sign a contractual oath of office.

SECTION 3: Federation-Level Sergeant at Arms - Chief security guard under the Party Chairman.

SECTION 4: Congressional and Recall Sergeant at Arms - Security guard under the Speaker of the House and another under the President of the Senate. The recall Sergeant at Arms shall temporarily preside as chief security guard during a recall proceedings.

SECTION 5: Oath of Office for the Party Chairman of the Southern Independence Party -

A witnessed contractual signing and swearing in oath shall be administered by the Chief Justice of the Constitutional Court.

 

ARTICLE III. FEDERATION (NATIONAL) OPERATIONS

SECTION 1: Southern Independence Party Congress - The legislative body of the Southern Independence Party will be the Southern Independence Party Congress, which shall be composed of two separate houses, a Senate and a House of Representatives, both of which will operate under Robert's rules of Order, 9th Edition. The Senate shall be made up of two Senators from each of the Federated or affiliated State Southern Independence Parties. Each State party will determine their method of selecting their representatives to the Federation Senate. The Senate shall elect from among their members, a President of the Senate to preside over the Senate. In addition to the joint sessions of the Congress, the Senate shall meet at least once a year alone and more often as required. Special meetings may be held by E-mail. Special meetings of the Senate may be called by the President of the Senate or by three Senators. And, there shall be a House of Representatives, made up of elected representatives called Congressmen, allowed for their State based upon population census. The House of Representatives shall elect from among their members a Speaker of the House. The Southern Independence Party Congress shall not have the authority to reject any State Certified representative sent in accordance with this Constitution to the Southern Independence Party Congress nor to refuse seating or voting thereof. The House of Representatives shall elect an Audit Committee who shall conduct an audit of the books of the Southern Federation Committee including those of the Treasurer, the Director of Finance and the Executive Director of the SFC at least once a year for a written report to the annual open national Convention. Congressional Rules shall be prepared by vote of the Congress for operations of the Southern Federation Committee and a careful log kept of the minutes of the meetings and the motions and voting thereof by the Secretary of the Congress.

SECTION 2: Southern Federation Committee (SFC) - The Southern Federation Committee (SFC) shall consist of an Executive Director who shall lead the Southern Federation Committee an Assistant Director, a Secretary and a Treasurer, a director of Public Relations, a Director of Finance and a Committee at Large Member. The Executive Director shall have the authority to release officers under him in the SFC and recommend replacements to the Southern Independence Party Congress for election

SECTION 3: Oath of Office - A Congressional Oath of Office witnessed signing and swearing in of the contract shall be administered by another Congressman or Senator respectively as regards to which House is involved.

SECTION 4: Eligibility for Congressional Voting - Each individual member of Southern Independence Party Congress has one vote in voting processes that involve the Southern Independence Party Congress; provided that an individual is in compliance with the general eligibility requirements.

SECTION 5: Congressional Voting Procedures - The various State representatives making up the Southern Independence Party Congress and the officers elected thereto shall be responsible for proposing and voting on federation-level decisions concerning the Southern Independence Party, within the limitations and with the exceptions set forth in the subsequent paragraphs of this section. Nothing in this section shall be construed as permitting the Southern Independence Party Congress to regulate the internal affairs of the State Southern Independence Parties, except to the extent specifically outlined in this Constitution. Bills shall originate in the House of Representatives. The following decisions require a vote of not less than 75% of both houses of the members of the Southern Independence Party Congress, the affiliation status of a State Party or outside group and changes in the Party's basic philosophies, goals, general platform and mission statements.

SECTION 6: Federation Level (National) Political Alliances - While political alliances may be discussed and pursued by the Southern Federation Committee, no alliance or affiliation shall be effected without a Constitutional (Charter) Amendment being duly proposed and ratified allowing and or regulating such alliance.


ARTICLE IV. FORMATION OF STATE PARTIES

SECTION 1: States to Organize Southern Independence Parties - A founding principle of the Southern Independence Party is the protection of Southern Heritage. It is upon this principle that we initially allow only seventeen (17) States of the present United States of America to organize a Southern Independence Party that will be recognized on a Federation (national) level which are: (1) Alabama, (2) Arkansas, (3) Delaware, (4) Florida, (5) Georgia, (6) Kentucky, (7) Louisiana, (8) Maryland, (9) Mississippi, (10) Missouri, (11) North Carolina, (12) Oklahoma,

(13) South Carolina, (14) Tennessee, (15) Texas, (16) Virginia and (17) Western Virginia. The Southern Independence Party Congress retains the right to recognize other States that may have the essence of Southern culture and heritage. The two additional States of Arizona and New Mexico shall be allowed to organize provisionally for later affiliation with the Southern Independence Party.

SECTION 2: The Appointment of Provisional Chairmen - All new State Southern Independence Parties must have a Provisional Chairman until such time as the State party membership can hold proper elections.. The Executive Director of the Southern Federation Committee will appoint the Provisional Chairmen by recommendation of the Southern Independence Party Congress members or State Chairmen. The Candidate for Appointment shall be interviewed by the Executive Director of the Southern Federation Committee, by a State Chairman and by a member to be elected by the Southern Independence Party Congress. A Provisional State Chairman shall be appointed in States without a Southern Independence Party. A Provisional State Chairman may not be appointed to a State that has an affiliated Southern Independence Party but that has no State Chairman. In cases of disaffiliation by a State Southern Independence Party, that State shall be considered without a Southern Independence Party or a State Chairman after a period of three (3) months.


ARTICLE V. STATE SOUTHERN PARTIES

SECTION 1: Sovereignty Clause -The State Parties are sovereign, loaning and yielding only certain herein designated powers, authorities and sovereignty to a Confederacy of other sovereign State Parties of the Southern Independence Party as coordinated by the Southern Independence Party Congress and administered by the Southern Federation Committee composing a Federation of State's Parties. The individuals within the several State Parties are sovereign as well and their State Parties function by their respective allowance and voluntary loan of some of their individual authority and sovereignty.

SECTION 2: Officers - The chief executive officer of each State Party shall be called the Chairman. Each State Party shall establish a State Executive Committee to carry out the necessary functions of a State Party.

SECTION 3: Endorsement of State Officers and Platforms - State parties shall have the sole right to determine whether to support candidates for state or local office; provided that the said candidates are not hostile to the principles set forth in the lawful Constitution of the Confederate States of America, the Constitution (Charter) of the Southern Independence Party, the Asheville Declaration, or to the South. State parties shall have the sole right to determine whether to support local or state platforms, ballot initiatives, or other questions settled by vote; provided that the said platform, ballot initiative, or question is not in contradiction to the lawful Constitution of the Confederate States of America, or to this Constitution, or to The Asheville , North Carolina Declaration of Independence.

SECTION 4: Membership - All persons wishing to become members of any affiliated State Southern Independence Party shall apply for membership and pay the dues required with the appropriate State Southern Independence Party officer(s) and pay to them the dues proscribed by that State Party. Membership may then be granted in accordance with the requirements of said State Southern Independence Party and with the election laws of that State. If a person has political views substantially alien and/or in opposition to the stated goals of the Southern Independence Party or if the person regularly behaves in an unruly, drunken or disruptive manner or in a repugnantly immoral manner in public which offends the sensitivity of the majority of the members, these factors may be weighed by majority vote of the members of a State caucus accepting or rejecting such person's application for membership in the party. Provisions are provided for persons outside of the Affiliated States to become supporters. High School and College age persons are eligible to join the Young Confederates Organization but shall not be eligible to vote in State Caucuses of the Party until they have a voter's registration certificate.


ARTICLE VI. POWERS LOANED TO THE FEDERATION LEVEL

SECTION 1: Affiliation, Disaffiliation, Re-Affiliation of State Parties - Upon appointment of a Provisional State Chairman by the SFC, the new or re-affiliating State party will be recognized by the Congress as an affiliated State Party of the Southern Independence Party. The State organization must then follow the separate State guidelines set forth by their respective State Election laws and by their own respective Southern Independence Party State Constitutions, Rules and/or By-Laws. All Federated State parties are expected to follow this Constitution of the Southern Independence Party, and its Amendments and By-Laws on national matters and their individual State Party Constitutions should be in reasonable concert with the Constitution of the Southern Independence Party. Nevertheless, the provisions of a State Southern Independence Party Constitution and/or State Laws shall be superior to and have primacy over the provisions of the Southern Independence Party Constitution within said State. Any affiliated State Southern Independence Party, or other group may disaffiliate from the Southern Independence Party by submitting a statement to that effect to the Southern Independence Party Congress and to the Southern Federation Committee. No State Southern Independence Party, whether affiliated or disaffiliated, may establish policy or make public statements on behalf of the entire Southern Independence Party except to the extent authorized by the Southern Independence Party Constitution or the Southern Federation Committee. All persons who are affiliated as members of any affiliated State Southern Independence Party shall automatically be considered and honored as members of the Southern Independence Party nationwide. All individual memberships must be obtained at the State level of an affiliated State Southern Independence Party in accordance with that State's Southern Independence Party Congress rules and with the election laws of that State. No individual voting memberships may be obtained at the Federation level of the Southern Independence Party, but non-voting Southern Party Supporter Memberships may be registered at large with the Southern Federation Committee or with a State Party of their choice.

SECTION 2: Annual Federation (National) Budget - The Minimum Annual Federation Budget shall be presented, discussed and voted on at the national Convention of the Southern Independence Party each year by the Congress in the Annual Open Convention meeting in joint session of the House and the Senate. Each Affiliated State, in meeting their commitment to guarantee the Approved Minimum Annual Federation Budget shall pay an amount according to an apportionment of the enumeration of the members of the State Party in question from a minimum of 10% up to a maximum of 50% of the dues collected by such State Party in meeting this legislated obligation. This direct levy laid against the affiliated state parties shall be determined by dividing the Approved Minimum Annual Federation Budget by the total Southern Independence Party affiliated membership to develop a per member amount. Then, the per member amount shall be multiplied by the members of each affiliated State Party in order to determine the apportionment due from each State Party according to membership enumeration. Both voting and non-voting state members shall be counted for this enumeration.

SECTION 3: Federation Funding - The Federation Funding plan is purely to help new States build their treasury while at the same time giving funding to the Southern Federation Committee to be able to finance the day to day expenses of running the party and assisting in these new areas. Initially, all membership monies from unaffiliated or Provisional State Parties of the Southern Independence Party must be sent to the Southern Federation Committee and be distributed to the individual provisional State organizations to assist in recruiting and organization on a monthly basis based on the total amount of money received from each such state. Once a State has been affiliated as a full State member of the Southern Independence Party by the Southern Federation Committee acting on a 2/3rds vote of approval by the Southern Independence Party Congress, half of the membership fund balance for that state shall be paid to such State Southern Independence Party affiliate closing the Federation Funding account therefrom and new membership dues shall be collected by such new affiliate state party who shall then forward up to 50% of the membership dues to the Southern Federation Committee along with an accounting of the new members and funds in accordance with the apportionment of their share of the Approved Annual Southern Independence Party Budget in accordance with Article V., Sections 2. & 3. To be eligible for affiliation a State party: (1.) Must have a PAC or Party filed, (2.) Must have a Treasurer, (3.) Must have a bank account, (4.) Must be one of the 17 Southern States or as provided in ARTICLE IV, Section 1., (5.) Must have a State Chairman, either provisional, self organized as a club or elected. All monies received from outside the Southern Affiliated States will remain with the Southern Federation Committee so long as no funding is received from a foreign government, king or prince or ruler or a source at the bidding of such. The Federation Funding Plan and the apportioned amount of a State Party's payment obligation to the Southern Independence Party's Approved Annual Minimum Federation Budget applies only to membership dues.

SECTION 4: General Platform - At each Open Convention, the Southern Independence Party Congress shall set the general platform. The General Platform shall not stand in conflict with this Constitution, nor with the lawful constitutions of the Confederate States of America or these United States of America or with the Asheville Declaration.

SECTION 5: Public Relations - The trademark, logo, domain names and website of the Southern Independence Party shall be the sole property of the Southern Independence Party Congress.


ARTICLE VII. LEGITIMACY OF AND MEANS TO ENACT BY-LAWS

SECTION 1: By-Laws - The Constitution, the By-Laws, the Rules of the various Committees along with the Code of Conduct of the Southern Independence Party shall govern the daily operations of the Southern Independence Party. In case of conflict between the Southern Independence Party Constitution and the By-Laws or Committee Rules thereof, the Southern Independence Party Constitution shall have primacy.

SECTION 2: Means to Enact - A Southern Independence Party Constitution and/or By-Laws Committee of seven (7) members shall be maintained throughout the existence of the Southern Independence Party. The Committee members shall be appointed by the Southern Independence Party Congress for a term of one (1) year expiring on December 31st. The Southern Independence Party Congress (House of Representatives and Senate) shall have the sole authority to enact the By-Laws to this Constitution but must consider recommendations thereon from the Southern Independence Party Constitution and By-Laws Committee. Procedures are outlined for the amendment to or the passing of By-Laws with the Bill first being approved by the House and then by the Senate. The passing of Rules for the Senate or House of Representatives shall be by 51% vote of which ever House of Congress the rule is for and no further authority is needed, unless challenged on Constitutional grounds by a Senator or Congressman.


ARTICLE VIII. ADOPTION, CERTIFICATION, RATIFICATION AND

NOTIFICATION OF

THE SOUTHERN INDEPENDENCE PARTY CONSTITUTION



SECTION 1: Adoption and Certification - Upon presentation of a copy of a proposed Constitution for the Southern Independence Party, a Constitutional Convention held on July 4, 2000, by the Trustees of the Federation of States (each a Chairman of their State Party), the Trustees of the Federation of States adopted this Constitution as a Constitution for the Southern Independence Party and directed the Executive Trustee of the Federation of States to present the document to the Southern Independence Party State Representatives at the organizing Party Convention of the Southern Independence Party in Birmingham, Alabama on July 28th and July 29th, 2000 A. D. After Presentation of this Adopted Constitution for the Southern Independence Party by the Executive Trustee of the Federation of States to the Convention of Southern Independence Party State Representatives, present by invitation, the Congress of Delegates (State Representatives) shall consider and vote to Certify the Constitution for the Ratification process by a 51% majority vote.

SECTION 2: Ratification - The Executive Director of the Southern Federation Committee shall send a Copy of the Certified Constitution along with a formal written request for a Ratification vote by Certified Return Receipt Mail to the Chairmen of the various State Parties. In order to Ratify the Constitution, three fourths (75%) of the current affiliated States' [legislatures] must vote in favor of Ratification. The means of ratification voting shall be left to the States, however, the State Parties must act upon such Ratification either "Ratifying or Rejecting" such Adopted and Certified Proposed Constitution within three (3 ) months. States' Parties may not alter nor amend a proposed Adopted and Certified Constitution sent for Ratification or Rejection by the Executive Director of the SFC at the behest of the Congress. States' Parties, may, of course, submit there own recommended Constitution or Amendments thereto in accordance with the Amendment Process in Article VIII. Should a state fail to act upon Ratification during the three (3) month period of time, such state will have forfeited its right to vote thereon and this shall reduce the number of States voting and thus reduce the number required for a 3/4ths (75%) majority Ratification.

SECTION 3: Notification - To be counted, a State Party must have the Chairman of their State Executive Committee send Formal Written Notice by Certified Return Receipt Mail of their State's resulting vote either "Ratified or Rejected" to the Executive Director of the Southern Federation Committee within the time limits specified. The Southern Federation Committee Executive Director shall advise and give Formal Written Notice by Certified Return Receipt Mail to the Chairman of the Southern Independence Party Congress of the successful Ratification or of the Rejection of this Proposed Adopted and Certified Constitution as soon as it becomes known either way. Upon Formal Written Notification of Ratification by the Southern Federation Committee Executive Director to the Southern Independence Party Congress, this Constitution shall take effect as a permanent official Constitution of the Southern Independence Party and shall become the constituting document for the Southern Independence Party and the Federation of State Parties thereto and shall be posted on the Web Page of the Southern Independence Party accordingly and shall be in the custody and under the protection of the Justices of the Constitutional Court..


ARTICLE IX. AMENDMENTS TO

THE SOUTHERN INDEPENDENCE PARTY CONSTITUTION


SECTION 1: Submission and Certification - Recognizing the need for a governing document and the fact that man is not perfect, the Constitution of the Southern Independence Party may stand for amending from time to time as the Party membership sees fit. Only members of the Southern Independence Party Congress may formally move for an amendment to the Constitution; however, any party member may propose amendments. Submission of proposed Constitutional Amendment may be made by any party member either to the Southern Independence Party Congress through a Southern Independence Party Congressman where a motion may be introduced to Congress for the consideration of said Constitutional Amendment and for the submission thereof to the Southern Independence Party Constitution and/or By-Laws Committee for review. Certification. The Southern Independence Party House of Representatives shall, after receipt of the proposed amendment back from the Southern Independence Party Constitution and/or By-Laws Committee, vote to "Accept, Reject, Table or Resubmit to the Southern Independence Party Constitution and/or By-Laws Committee"it with a 51% majority being required for a decision.

SECTION 2: Ratification - State Parties must vote for or against Ratification in their own Executive Committees or by Referendum or Convention of their membership of the Certified Proposed Constitutional Amendment that they receive from the Southern Federation Committee. No changes are allowed to be made whatsoever on the CERTIFIED PROPOSED CONSTITUTIONAL AMENDMENT. If there are objections to the language, spelling or content the State Party must decide whether to Ratify the proposal as is or to Reject it. If they do decide to Ratify without change, they can later amend it by the amendment process. A Ratification of a changed document is void. Within three (3) months of the receiving a Certified Copy of the Proposed Constitutional Amendment, the State parties must vote on ratification thereof. If any State fails to do so, that State's vote shall be counted as an abstention and treated pursuant to Article VIII., Section 2, Paragraph 4. The Federation Ratification of a Constitutional Amendment requires Ratification by 3/4ths (75%) of the States' Parties..

SECTION 3: Notification - To be counted, a State Party must have their Chairman send Formal Written Notice by Certified Return Receipt Mail of their State's resulting vote either "Ratified or Rejected" of the proposed Certified Constitutional Amendment to the Executive Director of the Southern Federation Committee within the time limits specified which allows a State three (3) months for Ratification vote. The Southern Federation Committee Executive Director shall advise the Chairman of the Southern Independence Party, the President of the Senate and the Speaker of the House, the Executive Director of the Southern Federation Committee and the Chief Justice of the Constitutional Court of the successful Ratification of or of the Rejection of the Proposed Certified Constitutional Amendment as soon as it becomes known either way. Upon Formal Written Notification of successful Ratification by the Southern Federation Committee Executive Director the Ratified Constitutional Amendment shall take effect as part of the Constitution for the Southern Independence Party and shall become binding upon the Southern Independence Party and the State Parties federated thereto and shall be posted on the Web Page of the Southern Independence Party accordingly.

ARTICLE X. RECALL OF FEDERATION OFFICERS OF

THE SOUTHERN INDEPENDENCE PARTY


SECTION 1: Bill of Notice of Recall Convention - A Bill of Notice may be executed and signed by the Chairmen of a Compact of at least five (5) Federated States of the Southern Independence Party thus becoming a Bill of Recall which shall be sent to each State Chairman of the Federated Southern Independence Party States establishing the time and place for such Recall Convention which may be attended by all of the Representatives from the Federated Southern Independence Party States (members of Congress) and to all of the officers of the Southern Federation Committee. The Recall Convention shall be treated as an emergency meeting, but shall be thus enlarged to include the SFC and any other independent committees that may exist. Only the members of the two houses of Congress may vote however. A Bill of Recall may also be ordered by the Constitutional Court for sufficient cause. A two (2) week notice shall be required prior to the Recall Convention to afford all the opportunity to make arrangements to attend in person.

SECTION 2: Recall - Should cause arise due to the apparent dereliction of duty or refusal to obey, uphold and follow this Constitution and any By-Laws thereto, or in breach of contract of the oath of office or of fiduciary duty by any officer either of the Southern Federation Committee or the Southern Independence Party Congress or of any other national office that may become established, five (5) State Parties or more of the Southern Independence Party may form a Compact for the purpose of Recalling the Government of the Southern Independence Party for a redress of their grievances and a possible trial for impeachment action to remove offending officials from office. The States involved in the Recall Compact shall elect among themselves a Chairman who will, temporarily for this Recall Convention, preside instead of the Chairman of the Southern Independence Party, and who will convene, call to order and Chair the Recall Convention and who shall be called the Recall Chairman. After discussion, the Recall Chairman will call upon the States of the Recall Compact to offer motions as to whether violations are deemed to have occurred due to the apparent dereliction of duty or refusal to obey, uphold and follow this Constitution and any By-Laws thereto, or in breach of contract of the oath of office or of fiduciary duty by any Federation (national) officer involved. Voting shall be called by the Recall Chairman and such voting shall be by roll call on any motions declaring violations, derelictions, breaches of duty, failure to obey and uphold the Constitution and the By-Laws thereto or breaches of the contract of the oath of office or of fiduciary duty. The roll call vote shall be made public.

If the Representatives vote with 51% finding faults or violations listed in Paragraph 7 of this section, a Motion for Impeachment shall be in Order and the Recall Chairman shall call for a Motion for Impeachment. Only the House of Representative shall vote for or against the Motion to Impeach on which ever counts are included in the Motion.

SECTION 3: Impeachment - If a Motion for Impeachment of any Federation officer is tendered, and seconded, an impeachment trial shall be scheduled before the Senate acting as Jury. The President of the Senate shall appoint an unlicenced Impeachment Prosecutor to conduct the prosecution. The Defendant may retain the services of an unlicenced Defense Counsel. Formal Charges in the Motion for Impeachment shall be introduced in writing in an Impeachment Indictment against the officer or officers involved by the Impeachment Prosecutor specifically stating the counts and nature of the alleged violations, derelictions, breaches of duty, failure to obey and uphold the Constitution and the By-Laws thereto or breaches of the contract of the oath of office or of fiduciary duty.

SECTION 4: Prosecution for Civil Fraud and/or Breach of Contract of Oath of Office or

of Fiduciary Duty - Should an officer be Impeached, he may also be liable for Civil Suit in a Court of Law of Competent Jurisdiction for Fraud, Embezzlement and/or Breach of Contract of Oath of Office and/or of Fiduciary Duty. If Civil Suit is requested by the Congress or by the Executive Director of the Southern Federation Committee, such shall be filed by licensed Legal Counsel which shall be retained to prosecute such civil action. Funds shall be paid from the Treasury of the Southern Independence Party for such Civil Suit. If it appears that there have been criminal felonies committed, charges will be filed to the appropriate State or Federal Prosecuting Attorneys.

SECTION 5: The Sergeant at Arms - A special Sergeant at Arms shall be appointed by the Recall Chairman to maintain order during the Recall Convention. Any existing Sergeant at Arms shall be released from duty during the Recall Convention unless appointed by the Recall Chairman to remain and serve. Deputies shall be appointed by the Sergeant at Arms to assist in the duties above defined.

 

ARTICLE XI. DEFINITIONS OF WORDS [Being prepared]


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