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Certified
May 12, 2001 by the Delegates to the National Convention of the
Southern Independence Party
Ratified by Six States Confirmed on September 4, 2001, namely 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 principals, limited government, State’s rights and
free trade in the furtherance of the Asheville Declaration and in accordance
with the will and well being of the Southern people, and invoking the favour
and guidance of Almighty God, do hereby ordain and establish this constitution
of the Southern Independence Party.
. PRELUDE 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 shown
below are involved. The identified
opposition to these principles are shown as well which are involved in the
eternal struggle for personal freedoms and local government.
We must hold to the principles of freedom in order to accomplish the
main goal of the restoration of the free government of the Confederate States
of America. A free Confederate
States government benefitting all southern people would become a standard to
hold up to the people of the world. 1.
“STATES’ RIGHTS AND INDIVIDUAL SOVEREIGNTY
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 FREE AND SOVEREIGN GOVERNMENTS OF EACH OF
THE
CONFEDERATE STATES OF AMERICA” CONSTITUTIONAL
CONVENTIONS
To secure these rights, then, we, the undersigned, after the close of 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 primary purpose of this larger Constitutional Convention of
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 The Southern Independent Party which shall be run by the various
State Parties belonging and pledging loyalty thereto.
The Board of Trustees of The Federation of States shall hold a National
Convention for the Southern Independence Party
in Birmingham, Alabama on July 28 and July 29, 2000 for introduction of
the plan and the proposed Constitution for the Southern Independence Party.
The formal Adoption of this Constitution shall occur on May 11, 2001 by
the Trustees (State Chairmen) of the Federation of States.
Certification of the Adopted Constitution by the Southern Independence
Party Provisional Congress (two Delegates from each State Southern
Independence Party for the Ratification process by the various State Southern
Independence Parties’ Executive Committees or County Delegates who shall
formally notify the Executive Director of the Federation of States of the
ratification results.
Respectfully submitted for the South,
Board of Trustees of The Federation of States
For the Southern Independence Party CONTENTS
THE
CONSTITUTION OF THE
SOUTHERN INDEPENDENCE PARTY PREAMBLE PRELUDE INDEX ARTICLE
I.
PRINCIPLES, GOALS, AND CODE OF CONDUCT
OF THE SOUTHERN
INDEPENDENCE PARTY
SECTION 1: Southern
Independence Party Principles
SECTION 2: Southern
Independence Party Goal
SECTION 3: Code of Conduct ARTICLE
II.
PARTY
LEGAL ORGANIZATION
SECTION 1: Southern
Independence Party Chartered in Oklahoma
SECTION 2: Chairman of the
Southern Independence Party
SECTION 3: National Level
Sergeant at Arms
SECTION 4: Congressional
and Recall Sergeant at Arms
SECTION 5:
Oath of Office for the Party Chairman of the Southern
Independence Party
SECTION 6:
Federation of States ARTICLE
III.
NATIONAL
OPERATIONS
SECTION 1: Southern
Independence Party Congress
SECTION 2: Southern
Executive Branch (SEB)
SECTION 3: Oath of Office
SECTION 4: Eligibility for
Congressional Voting
SECTION 5: Congressional
Voting Procedures
SECTION 6:
National
Level Political
Alliances ARTICLE
IV.
FORMATION OF STATE PARTIES
SECTION 1: States to
Organize Southern Independence Parties
SECTION 2: The Appointment
of Provisional Chairmen ARTICLE
V.
STATE SOUTHERN
PARTIES
SECTION 1:
Sovereignty Clause
SECTION 2: Officers
SECTION 3: Endorsement of
State Candidates and Platforms
SECTION 4: Membership. ARTICLE
VI.
POWERS LOANED TO THE
NATIONAL LEVEL
SECTION 1: Affiliation,
Disaffiliation, Re-Affiliation of State Parties
SECTION 2: Minimum
Annual National Budget
SECTION 3: National
Funds
SECTION 4: General
Platform
SECTION 5: Public
Relations ARTICLE
VII. LEGITIMACY
OF AND
MEANS TO
ENACT BY-LAWS
SECTION 1: By-Laws
SECTION 2: Means to Enact ARTICLE
VIII.
ADOPTION, CERTIFICATION,
RATIFICATION AND
NOTIFICATION OF
THE
SOUTHERN INDEPENDENCE PARTY CONSTITUTION
SECTION 1: Adoption and
Certification
SECTION 2: Ratification
SECTION 3: Notification ARTICLE
IX.
AMENDMENTS TO
THE SOUTHERN INDEPENDENCE PARTY CONSTITUTION
SECTION 1: Submission
and Certification
SECTION 2: Ratification
SECTION 3: Notification ARTICLE
X.
RECALL
OF NATIONAL
OFFICERS OF
THE SOUTHERN INDEPENDENCE PARTY
SECTION 1: Bill of Notice
of Recall Convention
SECTION 2: Recall
SECTION 3: Impeachment
SECTION 4: Prosecution for
Civil Fraud and/or
Breach of Contract
of Oath of Office or
of Fiduciary Duty
SECTION 4: The Sergeant at
Arms ARTICLE
XI.
DEFINITIONS OF WORDS
[To be prepared later] ARTICLE
I. PRINCIPLES,
GOALS, AND CODE OF CONDUCT OF
THE SOUTHERN INDEPENDENCE PARTY
SECTION
1: Southern Independence
Party Principles Paragraph
1. These
are the
Principles of the
Southern Independence Party. We,
the officers and members of the Southern Independence Party, in accordance
with the ideals of our Revolutionary and Confederate ancestors, dedicate
ourselves to the following: The
Bill of Rights and the Spirit of the lawful Constitution of these united
States of America, and the spirit of the lawful Constitution of the
Confederate States of America, as established by our forefathers: The
right of each sovereign State to control its own internal affairs within the
bounds directly expressed in the Constitution for these united States without
interference from the federal government. The
sanctity of human life, from conception to natural death. The
right to be absolutely secure in person, papers, and property from government
search, seizure, or other interference, within the expressed bounds of the
Constitution for these united States. The
right of the individual citizen to keep and bear arms and ammunition is
absolute not requiring license, permit nor subject to any other governmental
restrictions. Individual citizens
may keep and bear arms as may seem to them necessary for the defense of
person, property or State from dangers or depredations either foreign or
domestic. The
right of the individual to be free from confiscatory federal income tax
and fees. The
right of the sovereign States to be free of federal mandates on
issues internal to the several States. The
right to demand honesty and integrity in government shall be emphasized.
Funding of State or federal politicians, bureaucrats and/or
governmental agencies by foreign governments or rulers shall be prohibited.
Likewise, the funding of such entities by corporations, labor unions or
insurance and banking interests, foreign or domestic, shall also be
prohibited. The
righteousness of the Cause of our Revolutionary and Confederate ancestors, in
resisting tyranny and subsequent invasion, and the right to display their
symbols when and where the people of the sovereign States see fit. Indeed, the
rights of all races and cultures to cherish and respect their roots and
heritage shall be upheld.
Art.
I. The
right to worship Almighty God in the manner that the individual citizen sees
fit, and to conduct that worship, with its associated symbols and ceremonies,
when, where, and how it seems to them right, individually or as a group, while
affording others a similar right. The
right to expect no interference with religious beliefs, symbols and practices
by government so long as the rights of others are not being violated. These rights, we the
officers and members of the Southern Independence Party, do and will uphold
with our hearts, minds, and bodies; and into the hands of the living God we
place our lives, our liberty, and our honor, as individuals, as sovereign
States, and as a nation, and we pray for His mercy, guidance, and
strengthening power. Here we stand, and may God defend our rights and preserve
our freedom. SECTION 2: Southern Independence Party Goal
Paragraph
1. The Goal of the Southern Independence
Party (SIP) is complete independence, liberty and freedom for the Southern
People from these united States of America by having the legislatures of the
various Southern States involved vote a Bill of Re-Affirmation of their
Statehood in the Confederate States of America followed by Bills of Liberation
and Termination of Occupation by the United States of America preceded in
those States where still needed by legal political secession. Paragraph
2.
We recognize that self-determination through democratic elections is in
accordance with our principles of sovereignty.
We also recognize that the Confederate States of America never
surrendered and thus has not legally ceased to exist, but is simply dormant
awaiting Re-Affirmation of Statehood by the previous States belonging thereto
and the provisional staffing of National offices and elections thereto.
We do not recognize the involuntary re-establishment of Statehood in
the United States which was accomplished with military force applied by the
occupying foreign army of the United States against the will of the people.
We do recognize the reality of the rule by force through these various
Southern Satellite States created by the United States as mock State
governments of the people of those States and we intend to abide peacefully in
the State Election Laws therein. We have no designs of overthrowing the United
States Government, but of simply regaining our independence as a Southern
Nation. Paragraph
3. The
Southern Independence Party shall endeavor to encourage its affiliated
(federated) State Parties to run candidates for office for Governor and the
Legislature of their State as well as other State and local offices they might
choose to try to elect. Paragraph
4. The
Southern Independence Party shall lay plans for the eventual candidacy of
persons for office in a National Legislature (Senate and House of
Representatives) and for a President of The Confederate States of America when
eight (8) States shall have legally Re-affirmed their Statehood in the
Confederate States of America who have already (in 1860-61) seceded from the
United States. Art.
I. Paragraph
5. The
Southern Independence Party shall establish committees to study plans that
might be put into effect in the event of political Renewal of Statehood in the
Confederate States of America for the establishment of good and peaceful
international relations and economic ties with the United States, Mexico and
other foreign nations with responsible disengagement from treaties and debts
with proper arrangement for the satisfaction thereof, including the South’s
portion of the national debt now existing so that the good people of the other
states of the United States need not unfairly suffer as a result of our
independence. SECTION
3: Code of Conduct Paragraph
1. All
Southern Independence Party officers shall at all times publicly conduct
themselves as befits Southern ladies and gentlemen, as according to their
signed oath of office and in accordance with the Constitution, By-Laws,
committee rules, and the established Code of Conduct of the Southern
Independence Party. Paragraph
2. The Code of Conduct shall be given
complete legitimacy by this Constitution and shall be recognized by both
Houses of the Southern Independence Party Congress, the Southern Executive
Branch and by the State Southern parties. The Code of Conduct and the By-Laws
shall stand separate from the Constitution as supporting documents to this
Constitution. Paragraph
3. Upon
ratification of this Constitution, a committee shall be selected by the
Southern Independence Party Congress from a list of names submitted by the
several States to write a Code of Conduct. The Committee shall be limited to a
total of five (5) committee members, selected from the several State parties ,
one (1) committee member selected from the Southern Independence Party
Congress, and several advisors, the number of whom to be determined by the
Committee Chairman, to serve in a non-voting capacity. Art.
II. ARTICLE
II.
PARTY
LEGAL ORGANIZATION SECTION
1: Southern Independence Party Chartered by its Constitution held by the
Federation of States Trust. The Southern Independence Party is Chartered by the Trustees of the Federation of States domiciled in Atoka, Oklahoma, Confederate States of America under the control and occupation of the United States of America. SECTION
2: Chairman of the Southern Independence Party
(Party Chairman) Paragraph
1. The
National Chairman of the Southern Independence Party shall be elected
by a 51% majority vote of the Congress (joint session of the Senate and House
of Representatives) of the Southern Independence Party meeting in a National
Convention in Birmingham, Alabama on July 29, 2000 to serve a term of office
of one (1) year and may be re-elected for a second term in succession.
The Chairman of the Southern Independence Party must be a registered
voter who is a member of the Southern Independence Party who shall not
participate in any other political party during the year of his term of
office. Paragraph
2. The National Chairman of the
Southern Independence Party shall be the chief and legal executive officer of
the party, but shall serve with limited authority.
The National Party Chairman of the Southern Independence Party
shall not have authority over the normal operations and meetings of Congress
except when the Chairman of the Southern Independence Party is presiding as
Chair over a meeting or open convention of the entire Southern Independence
Party in which case the Party Chairman shall preside and administer the
convention under Robert’s rules of Order, 9th Edition.
Paragraph
3. The
National Chairman of the Southern Independence Party shall have overall
administrative authority which shall normally be largely delegated to the
Executive Director of the Southern Executive Branch (SEB), except for the
presiding responsibilities as Chair to the entire Southern Independence Party
and for those responsibilities involving solely legalities and reports in and
for the various State PACs. Paragraph
4. During
a vacancy of the office of Executive Director, the National Chairman of
the Southern Independence Party shall function as the Temporary Executive
Director of the SEB. The Chairman
of the Southern Independence Party also shall appoint persons to fill the
various offices of the Southern Executive Branch (SEB) with the
recommendations of the Executive Director.
The appointed persons, including the Executive Director, for the
various offices of the SEB must have their appointments approved by a 51%
majority vote of the Senate prior to serving on the SEB.
Paragraph
5. The
National Chairman of the Southern Independence Party (Party Chairman) shall be sworn
in by the Chief Justice of the Constitutional Court and shall sign an oath of
office. The Party Chairman Art.
II. may not be removed by Congress except by Impeachment with a two thirds (2/3rds) vote as specified in Article X.
SECTION
3: National Level
Sergeant at Arms A National Sergeant at Arms shall be appointed by the Chairman of the Southern Independence Party who may be a paid professional security guard or law enforcement officer. The National Sergeant at Arms shall maintain order according to the Code of Conduct and under the direction of the Chairman of the Southern Independence Party during any convention or meeting of the Southern Independence Party. SECTION
4: Congressional and Recall Sergeant at Arms The Sergeant at Arms of Congress (both one for
the Senate and another for the House) shall cooperate with the National
Sergeant of Arms and serve under his direction when he is present.
A recall Sergeant of Arms, however, shall temporarily preside as the
security officer in charge during a recall procedure. SECTION
5: Oath of Office for the Party Chairman of the Southern Independence Party Paragraph
1. The following shall be the Oath of
Office. It shall be signed and submitted according to the guidelines set forth
in this Document shall be sworn to by the Party Chairman elect and
administered by the Chief Justice of the Constitutional Court. I_
have read, fully
understand and ascribe to the officially stated goals and principles of the
Southern Independence Party as outlined in this Constitution, and within the
platform of the Southern Independence Party.
By
my signature, I hereby affirm and pledge to work to further the goals and
platform of the Southern Independence Party. I realize that if I fail to
uphold these principles or found to have willfully violated the Constitution
of the Southern Independence Party or By-Laws thereof,
I may be impeached from my Southern Independence Party office and agree
to immediately legally resign as
Chairman of the Southern Independence Party should that occur.
Chairman
of the Southern Independence Party
President of the Senate
Chief
Justice of the Constitutional Court Art.
II. SECTION
6: Federation
of States Paragraph
1.
The Federation of States is a separate organization which, by its
nature, mission and composition, make it a fully affiliated partner of the
Southern Independence Party and which was established on July 4, 2000 in
Atoka, Oklahoma, as a common law trust composed of the federated State
Chairmen (or Governors) of the Southern Independence Parties of the various
States affiliated therewith. Each
such federated State Chairman (or Governor) shall have one vote on the Board
of Trustees of the Federation of States and shall serve as a council of
Chairmen or Governors or perhaps both initially and until all States have
Governors who have federated therein. Paragraph
2.
Only elected or provisional State Chairman (or later SIP elected
Governors) are to be voting members. The various State Chairmen of such State
Southern Parties are bound together under a written contract (Oath of honor)
whereby they become Trustees or voting participants of such a council of
Governors (State Chairmen). The coordinating value of such a council and the
value as a think-tank group is obvious. Still, the agreements or plans made by
such a council of Chairmen (Governors) is not binding upon the various State
Parties until they assent thereto by vote of their respective State Party
organizations or Legislatures in the case of Governors. Paragraph
3.
These State Chairmen or Governors (Trustees of the Federation of
States) shall elect an Executive Trustee called Chairman of the Federation of
States to preside from time to time by simple majority vote.
In some ways the Federation shall function similar to councils of
Governors currently existing for the Republican and for the Democratic
Parties. Paragraph
4.
The Federation of States shall serve as a Chartering organization
not requiring a corporate charter nor the approval of the Federal Election
Commission to charter States under the Constitution of the Southern
Independence Party which will work to get local and State officials elected
who support the goals of the Restoration of the Confederate States of America
and the Liberation of our Southern States from Occupation by the United
States. The Chartering of certain
States will be particularly helpful where their State law requires a large
number of members to be enlisted first before being allowed to register as a
political party. As a Chartered
organization, the people of those States can function legally up until they
have grown large enough to registered with their State as a Political Party.
Paragraph
5.
After (6 or 8) States establish initial SIP organizations which are
ready to move forward the Federation of States shall convene in a national
organizational convention to establish the national Southern Independence
Party. Paragraph
6.
Once the national SIP is established, the overseeing coordination of
the various Chartered SIP States by the Federation of States becomes greatly
diminished since most coordination as well as party administration shall be
conducted by the national Southern Independence Party itself. Art.
II. Paragraph
7.
Summary. The
Federation of States (Council of State Chairmen or Governors) shall: (1)
Serve as a State Chairmans’ or Governors’ think tank
organization which will work to effect some coordination of effort among the
States as well as to plan for a peaceful negotiated separation from the USA.
The Federation of States, as a separate organization, shall not be
subject to the control of the national Southern Independence Party, but shall
function in cooperation with the Southern Independence Party in a specifically
limited way as defined in this Constitution of the Southern Independence
Party. (2)
Study and offer amendments proposals on the Constitution of the
Southern Independence Party (SIP Constitution) as seems prudent to
the various State Chairmen which
would be introduced in the Congress of the national Southern Independence
Party for the amendment process. (3)
Work to introduce
the Southern
Independence Party (SIP) to the various unorganized Southern States and
promote the SIP Constitution as an interim organizing multi-State document
designed to not only provide order without centralization of control or
sacrificing State’s rights and sovereignty to assist in the conversion of
the occupied States to free States and later to Liberated States offering
their allegiance to the Confederate States of America.
Of course, once the Confederate States of America is restored as a
functioning government, an amended CSA Constitution of 1861 shall be presented
to the States for Ratification according law. (4)
Charter new Provisional (SIP) party officers in new
developmental States prior to a State caucus election and provide advice and,
if requested, some assistance in their efforts. (5)
To assist and/or coordinate multi-State
rallies needed to promote the Political/Governmental,
Cultural/Heritage and/or Religious Faith and Freedom Heritage efforts. (6)
Hear and attempt to arbitrate complaints unofficially from other
State SIP Chairmen or Governors concerning misunderstandings or wrongful acts
by a particular State party and perhaps resolve the problems without going
public with them and hopefully avoiding a split.
(7)
Organizing Body. Arrange
for a National Convention to introduce the Southern Independence
Party (SIP) to two delegates from each involved State in order to form the
national Southern Independence Party once six (6) or more States are
Chartered and ready. (8)
Constitutional Court. The
Federation of States shall serve
as the electing body who will elect from among their own members (State
Chairmen or Governors) a panel, not to exceed nine judges for the
Constitutional Court who shall then safeguard the SIP Constitution and
have jurisdiction over constitutional definitions, questions and meanings
within the Federation of States and the national Southern Independence Party. Art.
II.
Such elected judges shall only serve as long as they are a State
Governor (or SIP Chairman in the absence of a member Governor). (9)
Transition. The
Federation of States shall serve as a coordinating and transitional
planning body assisting the various Liberated or Seceding States
and presents a provisional government during the interim between a general
Liberation movement by nine (9) or more States and the formal Restoration
of the Confederate States of America by their appointment of a Provisional
President of the Confederacy and the formation of Provisional Representatives
to the two Houses of Congress of the Confederate States of America. (10)
Elections. The
Constitutional Court of the Federation of States shall serve as the coordinating
body for the timing of State Elections to replace the national
Provisional officers of the Confederate States of America.
The Chief Justice of the Constitutional Court shall provide the
function of swearing in and signing oaths of contract for office by the
elected officials of the CSA. (11)
Confederate Security Council. To
serve as a Board of Advisors to the President of the Confederate States
of America instead of an ambiguous and non-elected nor constitutionally
mandated National Security Council. In
other words, the Council of State Governors would serve as the Board of
Advisors to the President of the Confederacy. (12)
Additional Check and Balance against Executive usurpation of
authority. To serve as
an additional and new group
empowered to initiate Impeachment Proceedings against a President of the
Confederacy or Judge on the CSA Supreme Court (in addition to the CSA House of
Representatives as now provided). Such
Impeachment Proceedings would still have to be finalized by the CSA Senate. Art.
III. ARTICLE
III. NATIONAL
OPERATIONS SECTION
1: SOUTHERN
INDEPENDENCE PARTY CONGRESS Paragraph
1. Legislative
Branch. 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. Paragraph
2.
There shall be a Senate made up of two Senators from each
of the Federated and affiliated State Southern Independence Parties. Each
State party will determine their method of selecting their representatives to
the National
Senate. (1)
The Senate shall elect from among their members, a President of the
Senate to preside over the Senate
for a term of one year with a 51% majority vote of the Senators.
Removal of the President of the Senate prior to the expiration of his
term of office shall require a 2/3rds vote of the Senators.
The President of the Senate shall preside over meetings of the Senate
under Robert’s rules of Order, 9th Edition.
The Senate shall approve appointment of a Secretary by the
Senate President.
(2) 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.
(3) In the absence of the President of the Senate, the Chairman of the
Southern Independence Party may preside or appoint a Senator as Temporary
Chairman of the Senate.
(4) Special meetings of the Senate may be called by the President of
the Senate or by three Senators. Paragraph
3. And,
there shall be a House of Representatives, made up of elected
representatives called Congressmen,
allowed for their State based upon population census.
(See the table shown below). Or,
in other words, eventually it shall be desirable that there be one Congressman
authorized for each 100,000 voting age
citizens, more or less, divided
up into districts strictly drawn up only by the States in question and not
tampered with by the Federation of States, nor by Constitutional Court Judges.
Only if State lines (borders) were being adjusted between States would
this involve the Federation of States (Council of State Party Chairmen or
State Governors or a mixture of both where a Federation Governor has not been
elected). (1)
The House of Representatives shall elect from among their members a Speaker
of the House who shall serve one year terms of office.
The Speaker of the House shall preside over meetings of the House of
Representatives under Robert’s Rules of Order, 9th Edition and
the term of the Speaker shall be one year.
In the Speaker’s absence or for a special meeting which the Speaker
will not call, then by the request of three (3) States acting through their
two Art.
III. Congressmen
for a total of at least six (6) Congressmen of the currently serving State
Representatives to the Congress or by the Executive Director of the SEB if
concurred in by three State Chairmen a special or emergency meeting may be
held of the House of Representatives and, in the case of the absence of or
lack of cooperation by the Speaker of the House, the States requesting the
special or emergency meeting may elect a Temporary Chairman to conduct said
meeting. Such special meetings
may be held by E-mail with procedures proscribed in the By-Laws of the House
of Representatives. (2)
State Party organization shall proceed by first establishing a Provisional
Chairman in a new State, which shall be accomplished by the Chairman of the
Federation of States but whose appointment must be approved by a 51% vote of
the Senate. a.
Provisional State Parties affiliated with the Southern Independence
Party shall be represented in the
Senate with no more than one Senator unless the chairman of such State
shall become a Trustee of the Federation of States, nor in the Congress until
they have obtained 10 members. The
Chairman of the Federation of States shall appoint a Provisional Chairman to a
new State Party. The main job of
such an affiliated State party is to recruit and organize sufficient to allow
for a statewide caucus in accordance with the election laws of the State
involved so that they might officially elect officers. b. After the election of officers in accordance with the election laws of the State involved, an affiliated State Southern Independence Party shall be allowed one Congressman and one Senator to be elected at their official and legal statewide caucus as Representatives of such affiliated State Southern Independence Party.
c. After the statewide
Caucus of such affiliated Party, their elected Chairman becomes eligible for
election to the Federation of States Board of Trustees.
If such election occurs and the State Chairman involved becomes a
Trustee, that State Party shall be deemed to be a Federated State Party of the
Southern Independence Party and one additional Senator may be elected to
represent such a Federated State Southern Independence Party. d.
Thereafter, legally elected officers of such State Southern
Independence Party shall endeavor
to build the local membership. For
the next 100 new voting members after the first 100 voting members, such State
Southern Independence Party shall be entitled to elect an additional
Congressman. e.
Then, when such new State Southern Independence Party shall obtain more
voting members than 200, the additional new voting members in such States
would be applied to the following
chart for authorization for additional Congressman. f.
State Southern Independence Parties affiliated with the Southern Independence
Party may recall their elected representatives, either to the Senate or to Art.
III. the
House of Representatives from the Southern Independence Party and elect other
representatives in their place at any time by procedures of their own State
Party Constitution. 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, but may request of a particular State Party that a representative
be considered for recall.
g. Congressional
Representation Chart
(Each Federated State Party gets two (2) Senators elected by State
Executive Committee) Party
Voting Member Size Groupings
Number of Congressmen
Members Provisional
Chairman, new State Party -
=
0.........................................................
1 or more After
statewide Caucus elects officers -
=
1..............................................................
10 -99 Next
1-499 voting members (VMs).....
- =
2......................................................
100 -499 10
additional groups of 500 (VMs).....
-
= 3-12 ..................................................
500 -5499 10
additional groups of 1000 (VMs)....
- =
13-22..............................................
5500 -15,499 10
additional groups of 2000 (VMs)....
- =
23-32...........................................
15,500 -35,499 10
additional groups of 4000 (VMs)....
- =
33-42...........................................
35,500 -75,499 10
additional groups of 8000 (VMs)....
- =
43-52.........................................
75,500 -155,499 10
additional groups of 16000 (VMs)
- =
53-62..........................................
155,500 -315,499 10
additional groups of 32000 (VMs)
- =
63-72..........................................
315,500 -645,499 10
additional groups of 64000 (VMs)
- =
73-82.......................................
645,500 -1,285,499 10
additional groups of 100000 (VMs) -
= 83-92....................................
1,285,500 -2,285,499 10
additional groups of 200000 (VMs) -
= 93-102..................................
2,285,500 -4,285,499 10
additional groups of 400000 (VMs) -
= 103-112..................................
4,285,500 -8,285,499 10
additional groups of 800000 (VMs) -
= 113-122................................
8,285,500 -16,285,499 10
additional groups of 1000000 (VMs)-
= 123-132..............................
16,285,500 -26,285,499 Paragraph
2.
Joint Sessions of both houses of Congress.
The Southern Independence Party Congress
shall meet at least twice a year in open convention of both houses of Congress
in joint session. The date
of the second open meeting shall be set during the summer annual open
convention. The second meeting shall not take place later than a two month
period before the next open Convention. Emergency
meetings of the Congress may be called by the Speaker of the House and the
President of the Senate with notice being sent to all State Chairmen two (2)
weeks in advance of the meeting to afford all the opportunity to make
arrangements to attend in person and/or prepare for discussion on the matters
to be addressed in the emergency meeting.
Art.
III. Paragraph
3. The
Chairman of the Southern Independence Party
shall preside over the Open National Conventions and combined joint meetings
of both Houses of Congress under
Robert’s Rules of Order, 9th Edition.
The Chairman shall call each convention to order, shall preside for the
duration of the convention and shall dismiss the Southern Independence Party
Congress at the close of each open convention, and shall have the authority to
call special emergency conventions throughout the year to handle
contingencies. Paragraph
4. The
Southern Independence Party Congress
will set the general direction of the Party, formulate the general Platform,
and govern on all matters concerning Party business, excluding internal
business of the several State Party affiliates, and for such matters to be
passed at
51% majority vote of both houses shall be required. Paragraph
5. To
accomplish specific functions enumerated in the Constitution, By-Laws and the
Committee Rules, the Southern Independence Party Congress shall elect a
Southern Executive Branch in open convention to carry out the policies and
procedures established by the Southern Independence Party
Congress. A simple
majority vote of 51% shall suffice to elect the members of the Southern
Executive Branch. Any member of the Southern Executive Branch may be removed
from their office by a simple majority (51%) vote of the Southern Independence
Party Congress except the
Executive Director whose removal shall require at 2/3rds vote of the Southern
Independence Party Congress. Paragraph
6.
No member of the Southern Independence Party Congress
may concurrently officially serve on the Southern Independence Party
Congress and on the Southern Executive Branch, whether elected, appointed,
hired or volunteered, and upon such a member’s election or assignment to the
Southern Executive Branch his or her resignation as a state representative to
either the Senate or House of Representatives is implied, stipulated and
accepted. Paragraph
7. For
meetings of the Southern Independence Party Congress, a quorum shall be
defined as a simple 51% majority of the current members, but all State
Chairmen must be given written notification of any such emergency meetings or
conventions which may be called. Paragraph
8.
The
Southern Independence Party Congress (House of Representatives) shall consist
of the following officers: (1)
A Speaker of the House who shall preside during sessions of
Congress under Robert’s Rules
of Order, 9th Edition.
The Speaker shall appoint an alternate Speaker to preside during
his or her absence.
(2) Special emergency
conventions or caucuses of the House of Representatives may also be called by
request to the Speaker of the House by three (3) States acting through
their two Congressmen for a total of at least six (6) Delegates of the
currently serving State Representatives to the Congress or by the Executive
Director of the SEB if concurred in by three State Chairmen. Art.
III. (3)
Such special emergency conventions or caucuses may be held by telephone
combined with E-mail or Facsimile as may seem be prudent at the time.
The Speaker of the House shall have no Southern Independence Party
administrative authority other than calling and chairing conventions of the
House of Representatives, seeing that the Congressional Rules are observed and
in seeing that each member of the Southern Independence Party Congress
receives a copy of reports that are received from the SEB
Executive Director as well as such reports as may be ordered by the
Southern Independence Party Congress to be prepared.
(4) An Audit Committee Chairman shall nominate two
Southern Independence Party Congress members for election by the Congress to
serve under him as an Audit
Committee to audit the books of the Southern Executive Branch including
those of the Treasurer, the Director of Finance and the Executive Director of
the SEB. The Southern Executive
Branch shall furnish the funds to pay for the services of a professional
accounting firm working under the Audit Committee’s supervision.
(5) An audit shall be made
at least once a year for a report to be made to the National Convention.
Written reports shall be sent under the direction of the Executive
Director of
the Southern Executive Branch to all members of Congress (Senate and
House of Representatives), of the Southern Executive Branch (SEB) and to all
State Chairmen. A report shall
also be made available to the appropriate governmental authorities. (6)
A Secretary to record both the operations of the convention and
all decisions reached. The Secretary shall submit a full report of all
convention business to the Executive Director of the Southern Executive Branch
within one month after the close of the convention. (7)
A Sergeant-at-Arms shall be appointed by the Speaker of the
House to maintain order according to the Code of Conduct during the
Congressional convention. Paragraph
9. All
elected officers of the Southern Independence Party House of Representatives
shall be elected by the Southern Independence Party Congress (Congressional
Representatives) at the close of each open convention for a period of one
year. (1)
To be eligible to serve as an elected officer of the Southern
Independence Party Congress, the nominated person must be a current member of
Congress wherein a simple majority 51%
of all of the Congressmen shall be required to elect them.
Any officer other than the Chairman of the Southern Independence Party
or the Speaker of the House, or the Executive Director of the SEB may be
removed from office by the Southern Independence Party Congress with a simple
majority vote 51% of all of the
Congressmen at which time new officers shall be elected by the Southern
Independence Party Congress to fill any and all vacancies.
Removal of the
Speaker of the House prior to expiration of their term of office shall require
a 2/3rds vote of the House of Representatives. (2) Removal of the Party Chairman shall be done in accordance with Article II, Section 2, paragraph 6.
(3) Removal of the
Executive Director of the Southern Executive Branch shall be by the Senate in
accordance with Article II, Section 2, paragraph 5. Art.
III. (4)
Should the current members of the Southern Independence Party Congress
desire to elect an officer of the Southern Independence Party Congress for a
third or more consecutive term of one year in the same officer’s position, a
2/3rds vote by the current members of the Southern Independence Party Congress
shall be required. Paragraph
10. Members
of Congress may speak to the press, but only represent their own opinions or
the positions of the State Party they represent.
The Speaker of the House may speak to the press of his own opinion and
of his workings and or meetings of the House of Representatives, but the
Speaker of the House may not necessarily give statements to the press on
behalf of the entire Southern Independence Party. Paragraph
11.
Congressional Rules shall be prepared
by vote of the Congress for operations of the Southern Executive Branch and a
careful log kept of the minutes of the meetings and the motions and voting
thereof by the Secretary of the Congress. Art.
III. SECTION
2: SOUTHERN EXECUTIVE BRANCH (SEB) Paragraph
1. The
Southern Executive Branch (SEB) shall be the administrative and functionary
arm (Executive Branch) of the Southern Independence Party. All
officers and functionaries of the Southern Executive Branch must be State
members of the Southern Independence Party in good standing.
The Southern Executive Branch shall have no legislative authority over
the Southern Independence Party and shall not be entitled to vote in the
Congress. The
Southern Executive Branch shall have no administrative authority over the
internal affairs of any affiliated State Southern Independence Party.
The SEB shall coordinate and/or assist the various Affiliated State
Parties on matters of election law reporting and membership reporting and the
collection of the apportioned levies laid against the various States by the
Congress for the funding of the Minimum
Annual National Budget or special assessments that might be needful. Paragraph
2.
The Southern Executive Branch (SEB) shall consist of the following
officers: (1)
Executive Director who shall lead the Southern Executive Branch and
oversee the implementation of the duties assigned to the Southern Executive
Branch in the Constitution, the By-Laws, and the Committee Rules or policies
established by the Southern Independence Party Congress.
The
office of Executive Director shall be filled by the election of either a
current SIP Senator or Congressman or a current State Chairman.
The Executive Director shall be responsible to see that appropriations
are funded and checks dispersed in accordance with the National Minimum Annual
Budget and as directed by Bills of Congress which are signed by the National
SIP Chairman or by override vote. There
shall only be one person elected to each of the seven (7) below
positions, but, as conditions require, assistants may be appointed by
the existing elected officers without election by the current members of the
Southern Independence Party Congress unless a member thereof files an
objection and calls for an election. In
such a case the standard 51% of all of the current members of the Southern
Independence Party Congress shall be required to sustain such appointment.
The Executive Director may speak to the press on behalf of the entire
Southern Independence Party by direction from the National SIP Chairman or he
may direct his Director of Public Relations or an SEB Press Secretary to speak
to the press, again by leave of the National SIP Chairman.
Other officers of the SEB shall require the permission of the Executive
Director to speak to the press representing the Southern Independence Party.
The Executive Director of the SEB shall prepare information for the
National SIP Chairman so that he may issue a State of the National Southern
Independence Party address once a year. (2)
Assistant Director who shall complete duties assigned by the
Executive Director.
The office of Assistant Director shall be filled by the election of
either a current State representative or a current State Chairman or Vice
Chairman. Art.
III. (3)
Secretary who shall assist the Treasurer in filling out all reports and
keeping records of the Southern Independence Party and shall also complete
other duties assigned by the Executive Director and the Party Chairman. (4)
Treasurer who shall be in charge of keeping a National PAC in the state
of Texas and all deposits and financial exchanges of the Southern Independence
Party, and who also shall complete other duties assigned by the Executive
Director. The Treasurer may hire
a Book Keeper or CPA as resources allow to assist in accounting.
The Treasurer may not disperse funds except upon the approval and/or
direction of the Executive Director of the SEB. (5)
A Director of Public Relations who shall be responsible for maintaining
an open line of communication concerning the Southern Independence Party,
which includes the website and other media, and who shall also issue press
releases from time to time as directed by the Executive Director of the
Southern Executive Branch and/or the Chairman of the Southern Independence
Party Congress and who also shall complete other duties assigned by the
Executive Director. A Press
Secretary may be hired by the Director of Public Relations as resources
allow to assist with press releases and with press interviews.
(6) A Director of Finance who shall handle all fund raising and
direct mail operations and who also shall complete other duties assigned by
Executive Director. (7)
The Committee-at-large member (CLM) shall maintain records of all
activities and issue a report to the Southern Executive Branch Executive
Director once a month as required by the Southern Independence Party Congress.
The CLM shall also supply names of members to fill vacancies of
officers of the Southern Executive Branch to the Executive Director who shall
make proposed appointments thereto for the confirmation by a 51% majority vote
of all of the Southern Independence Party Congress members. The
Committee-at-large member shall also complete other duties assigned by
Executive Director.
To be eligible for election as the Committee-at-large member the person
must be a current State representative to Congress, or a current state
Chairman or Vice Chairman or a previous or retiring Executive Director of the
Southern Executive Branch. There
shall be only one person acting as the Committee-at-large member, but such
Committee-at-large member may, upon approval of the Executive Director,
appoint assistants to serve under him without election by the current
members of the Southern Independence Party Congress unless a member thereof
files an objection and calls for an election.
In such a case the standard 51% of all of the current members of
Southern Independence Party Congress shall be required to sustain such
appointment. Paragraph
3.
The Southern Executive Branch Executive Director shall require regular
reports from the Treasurer, the Director of
Finance, the Director of Public Relations, The Committee Person at
Large and the Secretary. The SEB
Executive Director shall make quarterly reports to the National Chairman of
the Southern Independence Party, the President of the Senate and the Speaker
of the House and shall direct the Secretary to send such to each Congressman
and Senator. Paragraph
4. The
tenure of all offices of the SEB shall be one (1) year. Art.
III. Paragraph
5. Other
office requirements and duties shall be defined in the By-Laws
and in SEB Rules
which will be developed and printed by the Southern Executive Branch. Paragraph
6.
The
Executive Director shall have the authority to release officers under
him in the SEB and recommend
replacements to the Southern Independence Party Congress for election.
SECTION
3: Congressional Oath of Office
(Senators and Congressmen) Paragraph
1. The
following shall be the Oath of Office. It shall be signed and submitted
according to the guidelines set forth in this Document. We,
the Southern Independence Party, recognizing the right of all peoples to
self-determination, seek to restore self-government and independence to the
Southern people. We strive to preserve and protect our culture, our
principles, our rights, and our persons, all of which are threatened by a
central government that refuses to abide by the limitations placed on it by
its own Constitution. I
have read, fully
understand and ascribe to the
officially
stated goal of the Southern Independence Party as outlined in the previous
paragraph, and with the platform of the Southern Independence Party. I
agree to and affirm the belief that we, as members of the Southern
Independence Party, are to promote:
(1). A return to the
principle of the governmental primacy of the sovereign, independent States;
and
(2). Self-determination
for the people of the Southern States; and
(3). An expressed,
ultimate goal: the complete, permanent separation of the Southern States from
the United States of America and the restoration of the Southern republic, the
Confederate States of America, to it's
rightful place
among the nations of the Earth.
(4) Avoidance of attempts
at unwarranted centralization of power within the Southern Independence Party
or the Federation of States. By
my signature, I hereby affirm and pledge to work to further the goals and
platform of the Southern Independence Party. I realize that if I fail to
uphold these principles or should be found to have willfully violated the
Constitution of the Southern Independence Party or By-Laws thereof,
I may be removed from my Southern Independence Party office and may be
held liable for breach of contract or
of my fiduciary duty.
Member
of Congress (or
Senate)
Witnessed by Congressman (or
Senator) Art.
III. SECTION 4: Eligibility for Congressional
Voting
Paragraph
1. Eligibility
for Southern Independence Party Congress.
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 (see Paragraph 2 this section). Paragraph
2.
Ineligibility for Voting: No
Southern Independence Party Congressmen or Senator may take part in a National
Southern Independence Party - level voting process in any capacity if any of
the following numbered items in this paragraph apply to him or her: (1)
The individual's State Southern Independence Party dues are not current at the
time of the vote. Return receipt mail
from state membership/credentials committees of the various States must be
provided at least 10 days prior to a National Southern Independence Party vote
or by courier one day prior to such vote to the Secretary of the Southern
Executive Branch. (2)
The individual is under State level suspension or expulsion according to the
rules and regulations. (3)
If an individual
in question is a member of a State party which is not presently affiliated
with the Southern Independence Party or not a member at all of the Southern
Independence Party such person shall not be allowed to vote in any
National Southern Independence Party Caucus or Convention and if they
did vote, the vote is not to be counted. (4)
The individual was not elected as
a representative from a currently
affiliated State party of the
Southern Independence Party or official notification has been received of the
recall of such representative (Congressman or Senator) by said State Party and
therefore such person shall not vote in their respective house of the Congress
of the National Southern Independence Party . SECTION
5: Congressional Voting Procedures Paragraph
1. The
various State representatives making up the
Southern Independence Party Congress and the officers elected thereto
shall be responsible for proposing and voting on National Southern
Independence Party 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. Art.
III.
Paragraph
2. The
Southern Independence Party Congress shall make decisions by the process usual
and customary of a motion followed by a second, then followed by a vote of all
members present in whatever format that the vote is taking place; whether in
person, by phone, by mail, or by some other communications medium. Bills
shall originate in the House of Representatives. Paragraph
3.
All decisions made by the Southern Independence Party Congress shall be
announced to the primary voting officers of the State Southern Independence
Parties and the state chairman promptly. Paragraph
4. The
following decisions require a vote of not less than 75% of both houses of the
members of the Southern Independence Party Congress. (1)
The affiliation status of any state Southern Independence Party. (2)
The affiliation status of the Southern Independence Party with
any other group. (3)
Changes in The Party’s basic philosophies, goals, general platform and
mission statements. SECTION
6: National Level
Political Alliances Paragraph
1. While
political alliances may be discussed and pursued by the Southern Executive
Branch, no alliance or affiliation shall be effected without a Constitutional
(Charter) Amendment being duly proposed and ratified as defined below
allowing and or regulating such
alliance. Paragraph
2. The
Southern Independence Party Congress shall advise the Southern Executive
Branch Executive Director of the successful ratification or the rejection of
any alliance or affiliation so submitted and the Southern Executive Branch
Executive Director shall implement the decision. Art.
IV. ARTICLE
IV. FORMATION
OF STATE PARTIES SECTION
1: States to Organize Southern Independence Parties Paragraph
1. A
founding principle of the Southern Independence Party is the protection of
Southern Heritage. It is upon this principle that we initially allow the
original fifteen (15) Southern States of the present United States of America
to organize a Southern Independence Party that will be recognized on a
National level. The people of the following States, as they exist upon
the ratification of this document, shall have the right to organize the
Southern Independence Party in their respective States in compliance with
guidelines set forth in this Constitution. (1)
Alabama (2)
Arkansas (3)
Delaware (4)
Florida (5)
Georgia (6)
Kentucky (7)
Louisiana (8)
Maryland (9)
Mississippi (10)
Missouri (11)
North Carolina (12)
South Carolina (13)
Tennessee (14)
Texas (15)
Virginia Paragraph
2. In case a
State should be placed asunder, the boundaries of the 15 States listed in
Paragraph 1 are defined as those existent as of the ratification of this
document, and would, therefore be considered the legitimate boundary of the
State in question. Paragraph
3. Nothing
herein shall be construed as prohibiting the formation and affiliation of
groups or chapters of Southern Independence Party members, friends, and
supporters residing outside the South, in the Northern States or in foreign
countries in a non-voting supporter capacity only; otherwise their presence
and privileges are to be determined by a committee of Congress the whole. Paragraph
4. The
Southern Independence Party Congress retains the right to recognize other
States that may have the essence of Southern culture and heritage. In order to
include a State in the Southern Independence Party, the Southern Independence
Party Congress in open convention must amend the Constitution through the
proper, specified amendment and ratification process. Art.
IV. Paragraph
5. The
following additions of States to be allowed to organize provisional State
Southern Independence Parties for later affiliation with
the Southern Independence Party at this time are: (16)
New Mexico
(19) Wyoming
(22) Montana (17)
Arizona
(20) Kansas
(23) Nevada (18)
Colorado
(21) Oklahoma
(24) West Virginia Paragraph
6. No
organization shall be affiliated with the Southern Independence Party when
such organization does not represent the distinctiveness of Southern Heritage
or the essence thereof nor may any organization become affiliated with the
Southern Independence Party that does not represent the Principles of the
Southern Independence Party. States’
parties are expected to use similar caution in making political alliances
which should be done by the approval of a State caucus. SECTION
2: The Appointment of Provisional State Chairmen Paragraph
1. All
new State Southern Independence Parties must have a Provisional Chairman until
such time as the State party membership can hold proper elections. The
Chairman of the Federation of States (who is elected by the various Federated
State Chairmen) will appoint the Provisional Chairmen by recommendation of the
Southern Independence Party Congress members and/or other State Chairmen. Paragraph
2. The
Process of appointing Provisional State Chairmen shall proceed according to
these guidelines: The
person who wishes to be appointed shall establish contact with Federation of
States by either of two means: (1)
Directly: The
person may contact the Federation of States through the Internet, the U.S.
Postal Service, or by telephone, or personal contact. (2)
Indirectly: The
person seeking an appointment as a Provisional State Chairman of a new State
Southern Independence Party may have a member of an existing State SIP notify
the Federation of States or the State Chairman involved, or a member of the
Southern Independence Party Congress, or other officer. The Candidate for
Appointment shall be interviewed by the Federation of States and such other
people involved in organizing such new State party. Art.
IV. (3)
Interviewing the candidate should take no more than one business week. (4)
A Copy of the appointment documents shall be given also to the Southern
Independence Party Congress and to the Chairmen of the several State parties. Paragraph
3. 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 until such State has ample time (not less than 45 days) in which to
elect a replacement 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. Paragraph
4. Any
Federated State that may develop vacancies
in their required officers shall have a reasonable amount of time (45 days) to
fill such vacancies by interim election according to their individual State
Constitutions. A State that
continues to operate without fulfilling the five requirements below within six
(6) months of the vacancy or deficiency, shall be considered for
disaffiliation with the Southern Independence Party, or revert to a
provisional status if requested by such 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 15 Southern States or as provided in ARTICLE IV, Section 1
or one of the of the nine (9) exceptional States listed in ARTICLE IV, Section
5. (5.)
Must have a State Chairman, either provisionally appointed by the Federation
of States, selected previously organized by other means as a State group or
party or elected as State Chairman in accordance with State law. (6)
If a State Party is voted into disaffiliation status for the above
causes of not meeting all the requirements, dues collected from membership
should be sent to the Southern Executive Branch and that State’s portion of
the Federation Funding allowed to States with provisional organizations shall
be deposited in an escrow account to be used to help build the Southern
Independence Party in that state. Once the State meets all the requirements
again the monies will be turned over to the State treasury. Paragraph
4. The
Federation of States shall be responsible for installing the new provisional
State Chairman and will assist such provisional State Chairman in organizing
his provisional staff and planning and advertising a State caucus for the
election of officers. The
Director of the Southern Executive Branch shall also be available to assist
such new State party become organized. Paragraph
5. Upon
the request of the Executive Director of the SEB a Provisional State Chairman
may be removed by a 51% vote of
the Congress or by a 2/3rds vote of the Congress without the request of the
Executive Director of the SEB. Art.
V. ARTICLE
V. STATE
SOUTHERN PARTIES SECTION
1: Sovereignty
Clause Paragraph
1. 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 Executive Branch
composing a Federation of
State’s Parties. Paragraph
2. 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 Paragraph
1.
The chief executive
officer of each State Party shall be called the Chairman. Paragraph
2. Each
State Party shall establish a State Executive Committee to carry out the
necessary functions of a State Party. SECTION
3: Endorsement of State Candidates and Platforms Paragraph
1.
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. Paragraph
2. 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. Art.
V. SECTION
4: Membership.
All
persons wishing to become members of any affiliated State Southern
Independence Party shall apply for membership 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. Paragraph
1. If
a person’s membership is objected to by three or more
members of the same State Southern Independence Party’s Executive
Committee, the challenge shall
place said membership in suspense until presented to the next or present
caucus of the State Southern Independence Party (which ever is sooner
possible) for a majority vote decision on the membership of the person in
question. A
citizen who is eligible to vote in their state may not be refused party
membership based upon sex, race, religion, national origin nor cultural
heritage. However, 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. Paragraph
2.
An accounting of new members of a Federated (nationally affiliated)
State Southern Independence Party shall be made to the Southern Executive
Branch at least monthly.
Paragraph
3. Persons
desiring affiliation with the Southern Independence Party but who do not
reside in a state which is affiliated either provisionally or fully with the
Southern Independence Party may apply for membership as a supporter by paying
at least the regular membership dues. Such person may either submit their
application for membership to one of the Southern Independence Party State
organizations or to the Southern Executive Branch.
In either case, such person shall be designated as a Southern
Independence Party Supporter and shall be carried on the records of the
Southern Independence Party by the Southern Executive Branch as a non-voting
supporter as well as by any State party they may have applied through. Paragraph
4.
At such time as a non-voting supporter of the Southern Independence
Party becomes a resident of a state which is provisionally or fully affiliated
with the Southern Independence Party, such person shall be transferred to the
records of the State Southern Independence Party of such person’s residence.
If such person obtains a voter registration certificate from this state
of residence they will become eligible to vote in caucuses of that State
Southern Independence Party so long as they have not voted in some other
political primary for that election or year. Paragraph
5.
High School or college age youth are encouraged to join the Southern
Independence Party at large or
the State Party they prefer as “Young Confederates”.
Once they become of age and obtain voter registration in their state
they would be eligible to vote in the States’s Southern Independence Party
caucuses. Art.
V. Paragraph
6.
State Southern Independence Parties may issue their own press releases
pertaining to matters or candidates within their own State, and, within the
guidelines of the Southern Executive Branch, and the Southern Independence
Party Constitution and Platform, a State Party may address issues of national
importance making it clear, however, that such statement is being made by
their own particular State Party. Art.
VI. ARTICLE
VI. POWERS
LOANED TO THE
NATIONAL LEVEL SECTION
1: Affiliation, Disaffiliation, Re-Affiliation of State Parties
Paragraph
1. State
organizations seeking to affiliate or to re-affiliate with The Southern
Independence Party must first have a Provisional State Chairman appointed by
the Chairman of the Federation of States. The provisional appointment to a
State Chairman must be made by following the guidelines set forth in this
document. Upon appointment of a Provisional State Chairman by the Federation
of States, the new or re-affiliating State party will be recognized by the
Congress as an affiliated State Party of the Southern Independence Party. Paragraph
2.
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. Paragraph
3.
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.
However, the Southern Independence Party Congress may vote to
disaffiliate such State Party or to accept a compromise with regard to such
jurisdictional, procedural or legal conflicts. Paragraph
4.
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
Executive Branch. Art.
VI. Paragraph
5.
Any affiliated State Southern Independence Party, or other group may be
disaffiliated from the Southern Independence Party by a 2/3rds vote of the
members of the Southern Independence Party Congress. Paragraph
6.
Any group, State Southern Independence Party or other organization
disaffiliated with the Southern Independence Party, either voluntarily or as a
result of disciplinary action shall immediately cease all uses of the names
and symbols trademarked by the Southern Independence Party Congress, Southern
Executive Branch and/or the Southern Independence Party, and shall immediately
return any materials in their possession supplied by the Southern Independence
Party Congress, Southern Executive Branch and/or the Southern Independence
Party. A vote to replace
an officer with a different officer or a person on the Southern Independence
Party Congress or the Southern Executive Branch and elect a different person
is not a vote of disaffiliation but of service and has no effect upon the
continued State membership privileges of such person. Paragraph
7. 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 Executive Branch. Paragraph
8.
Any State Party, group or other organization not presently affiliated,
but wishing to affiliate with the Southern Independence Party or any State
Party, group, or other organization that has been disaffiliated with the
Southern Independence Party, either voluntarily or as a result of disciplinary
action, wishing to re-affiliate, shall be considered by the following
procedure: (1)
The State Party, group, or other organization shall make application to that
effect to the Southern Executive Branch. (2)
The Southern Executive Branch shall make the said application known to the
Southern Independence Party Congress for consideration. (3)
A motion and a second from two separate members of the Southern Independence
Party Congress shall be required for the motion to be voted upon. (4)
A vote of two-thirds of the Southern Independence Party Congress is required
for passage of the said motion. (5)
The applicant shall be notified of the result of the vote within three
calendar days of the said vote. (6)
A vote for re-affiliation of a group or organization or new state can only be
taken during open convention. Art.
VI. Paragraph
9.
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. Paragraph
10.
No individual voting memberships may be obtained
at the National level of the Southern Independence Party, but non-voting
Southern Party Supporter
Memberships may be registered at large with the Southern Executive Branch or
with a State Party of their choice. SECTION
2: Minimum Annual National Budget Paragraph
1. The
Minimum Annual National 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. Paragraph
2.
Each affiliated State voting or which may become affiliated after such
national Convention, shall be responsible for, in conjunction with the other
States of the Southern Independence Party, to guarantee the Approved Minimum
Annual National Budget to be paid to the Southern Executive Branch. Paragraph
3.
Each Affiliated State, in meeting their commitment to guarantee the
Approved Minimum Annual National Budget shall be committed to pay an amount
according to an apportionment of the enumeration of the members of the State
Party in question from a range of a minimum of 10% up to a maximum of 50% of
the dues collected by such State Party in meeting this legislated obligation.
If adequate dues are not collected in a particular State to allow that
State to pay their agreed allotment of the Approved Minimum Annual National
Budget, such State may make up the difference from donations or other fund
raising projects of their own in order to meet their minimum allotment. This
direct levy laid against the affiliated state parties shall be determined by
dividing the Approved Minimum Annual National 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. Paragraph
4. The
Treasurer of each affiliated State shall keep an accounting of the dues and
donations collected and shall prepare a monthly statement of such dues and
send a copy of this monthly report to the Southern Executive Branch Treasurer
along with a check for the appropriate apportioned amount for the Approved
Annual Southern Independence Party Budget in accordance with Article V.,
Sections 2 & 3. Art.
VI. Paragraph
5. State
Parties failing to meet their required apportioned amount of funding may be
considered for disaffiliation and shall have the unpaid portion lodged against
them as a debt to the Southern Executive Branch on behalf of the Southern
Independence Party. Paragraph
6. If
funding from a particular State Party fails for some reason to provide
sufficient funds to cover their share of the Approved Annual Minimum National
Budget or if unbudgeted extra ordinary expenses occur, any State Party
may donate or loan the Southern Independence Party funds in excess of the
apportioned amount for that State Party.
Any loans made to the Southern Executive Branch for the Southern
Independence Party by an Affiliated State Party or other organization or
person within the united States of America shall be accounted for to the
Congress of the Southern Independence Party and shall be included in the next
annual budget for servicing. Compliance
with united States election laws in regards to campaign funding must be
observed strictly. SECTION
3: National Funds Paragraph
1. The
Funding of the National Southern Independence Party shall be defined by the
Congress in their National Minimum Annual Budget which is to be provided to
the Southern Executive Branch to be able to finance the day to day expenses of
running the party. Paragraph
2. The
Southern Executive Branch shall prepare a National Budget request based upon
known plans and party development needs.
This budget plan will include funds for the Federation of States
recruiting operations and for the Constitutional Court expenses, if any,
as well as for projected expenses for projects, rallies and conventions
of the Southern Independence Party. Paragraph
3.
All monies received by the Southern Executive Branch from outside the
Southern Affiliated States will remain with the Southern Executive Branch so
long as no funding is received from a foreign government (other than from
persons in the United States), king
or prince
or ruler
or a source
at the bidding of such. Paragraph
4. The
Southern Executive Branch Funding Plan and the apportioned amount of a State
Party’s payment obligation to the Southern Independence Party’s Approved
Annual Minimum National Budget applies only to membership dues. Each State
Party as well as the Southern Executive Branch is free to solicit their own
funding from fund raisers, donations, etc. in accordance with State and
federal election and campaign funding laws and in compliance with the
restriction against receiving funds from foreign sources in Paragraph 3 of
this section. Paragraph
5. All
revenue collected by the Southern Executive Branch shall be used to benefit
the Southern Independence Party such as funding national advertising approved
by Congress, voter registration drives and election campaign funding for Party
members seeking public office, and to cover Congressionally approved expenses
of the officers involved, including the National SIP Chairman. Art.
VI. SECTION
4: General Platform Paragraph
1. 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 with the Asheville Declaration.
Paragraph
2.
Each Affiliated State Chairman shall receive a copy of the proposed
General Platform of the Southern Independence Party at least 60 days prior to
an Open national Convention to allow time for the various States’ Southern
Independence Parties to consider such in their Executive Committees and to
propose to their members statewide such and such changes or additions or
deletions as may be the pleasure of such States Executive Committees in order
to learn the will of their members statewide concerning their own State’s
platform. Paragraph
3.
Each Affiliated State Chairman will be responsible for returning to the
Southern Independence Party Congress, through their own State Representatives
thereto, their preference for a General Platform at least 30 days prior to
such Open National Convention. SECTION
5: Public Relations Paragraph
1. The
trademark, logo, domain names and website of the Southern Independence Party
shall be the sole property of the Southern Independence Party Congress. Art.
VII. ARTICLE
VII. LEGITIMACY
OF AND MEANS TO ENACT BY-LAWS SECTION
1: By-Laws Paragraph
1: 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. Paragraph
2: The
By-Laws of the Southern Independence Party will serve as a support for
administrating this Constitution and the goals of the Southern Independence
Party. Art.
VII. Paragraph
3: 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 Paragraph
1: Southern
Independence Party Constitution and/or By-Laws Committee.
(1) 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.
(2) The Committee shall
meet periodically and may also correspond by mail, E-mail, Fax and or
telephone. The Chairman of the
Southern Independence Party shall serve as Chairman of the Southern
Independence Party Constitution and By-Laws Committee.
(3) The
Southern Independence Party Constitution and By-Laws Committee shall be
composed of (3) three Senators and (3) three Congressmen. There shall
be at least (5) five State
Southern Independence Parties represented on this committee among the seven
(7) persons who shall serve on this committee.
(4) The House of
Representatives and the Senate of the Southern Independence Party shall each
elect three of their respective members to serve on this committee.
(5) To provide
committee continuity, in the beginning, two Senators and one Congressman shall
be appointed for one and one half years so that thereafter there shall be
these three carry over committee members who shall be elected and appointed
each year six months past the annual open national summer convention and the
other members shall be elected and appointed during the open summer national
convention and all will thereafter normally serve for one year in that
staggered fashion to aid continuance of committee effort and knowledge carry
over of pending considerations. Paragraph
2: 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. Paragraph
3:
The retiring members of the Southern Independence Party Constitution
and By-Laws Committee shall meet with the newly appointed Southern
Independence Party Constitution and By-Laws Committee in order to transfer to
them the records and status of Constitutional and By-Law issues or proposed
amendments thereto so that the new committee may more efficiently carry on the
work for the Southern Independence Party Congress.
Retiring members or consultants may serve in a Art.
VII. non-voting
advisory capacity on the new committee if requested by either the new
committee , the Congress or the SEB. Paragraph
4: The
following shall be the process of amending an existing
By-Law or
incorporating a new
By-Law.
(1) The Southern Independence Party Constitution and/or By-Laws
Committee shall review recommendations submitted by three or more State
Chairmen through the Southern Executive Branch, and/or the Southern
Independence Party Congress (House of Representatives).
(2) The Southern Independence Party Constitution and By-Laws Committee
shall decide whether to suggest amending or adding the By-Laws and may
re-write the By-Law if they decide that would be necessary.
Their recommendations on a final draft of said By-Law
will be recorded
as a vote "in favor
of By-Law or Change" or
"opposed to By-Law
or Change."
(3) The Southern
Independence Party Constitution and By-Laws Committee shall act
upon proposed By-Laws within thirty (30) days of receipt of the request
for review unless, in emergency situations, the Congress requests more
immediate attention to the matter.
(4) The Southern Independence Party Constitution and By-Laws Committee
Chairman, or the person that the Chairman appoints, will then deliver the
recommendation to the Southern Independence Party Congress within no more than
one week (7 days) following their
vote on their recommendation to the Congress.
(5) The Southern Independence Party House of Representatives shall,
during their next meeting, including an emergency meeting, vote to accept or
reject the change in the By-Laws by a 2/3rds vote.
Proposals may be tabled only once or may be sent back to the Southern
Independence Party Constitution and By-Laws Committee with instructions for
further review, changes and/or re-writing.
(6) After voting on a
By-Law, the decision of the Southern Independence Party House of
Representatives shall be reported by the Speaker of the House to the President
of the Senate.
(7) The Senate shall then
vote on the proposal at their next meeting, including an emergency meeting,
vote to accept or reject the change in the By-Laws by a 2/3rds vote.
The result of the Senate vote shall be delivered to the Speaker of the
House and to the Chairman of the Southern Independence Party Constitution
and/or By-Laws Committee who shall send a copy to the Chief Justice of
the Constitutional Court for their review and opinion. Art.
VII.
(8) Once the
Constitutional Court issues an opinion on the proposed By-Law(s) in regards to
possible conflicts with the Constitution of the Southern Independence Party,
copies of such opinion shall be sent to the President of the Senate, the
Speaker of the House and the Chairman of the Southern Independence Party, who
is also Chairman of the Southern Independence Party Constitution and/or
By-Laws Committee.
(9) If there are
conflicts, the Southern Independence Party Constitution and/or By-Laws
Committee shall review the matter and make recommendations to the Speaker of
the House.
(10) The matter may
be again taken up by the House of Representatives who may decide to
present a motion to void the proposed By-Law, to implement it anyhow,
or to change it to eliminate the conflict with the Constitution of the
Southern Independence Party. If
the proposed By-Law is implemented, it shall not have primacy over the
Constitution.
(11) To implement
the a new By-Law, an Order of Implementation shall be sent to the Executive
Director of the Southern Executive Branch who shall then publish the new
By-Law to the various State Chairmen. Paragraph
5:
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.
Art.
VIII. ARTICLE
VIII. ADOPTION,
CERTIFICATION, RATIFICATION AND NOTIFICATION
OF THE SOUTHERN
INDEPENDENCE PARTY CONSTITUTION
SECTION
1: Adoption and Certification Paragraph
1: Adoption.
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 Art.
VIII 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. and again on May 9th, May 10th
and May 11th, 2001.
Paragraph
2: Certification.
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. Paragraph
3: Upon
affirmative Certification of the Constitution for the Southern Independence
Party for the Ratification process, copies of the Constitution with
Certification signatures attached shall be mailed, return receipt requested,
or in hand presented and receipt signed for to each State Chairman involved by
the Executive Trustee of the Federation of States for submission to the States
for ratification by the various State Southern Independence Parties by
Statewide Caucuses or by their executive committees as may be the case
according to the By-Laws of each State Party involved and as may be required
by State law. Paragraph
4:
If a proposed Adopted Constitution fails to receive
Certification for Ratification by the Southern Independence Party Congress,
then the existing Ratified Constitution, if any,
shall continue in force. Paragraph
5:
If, however, there is no existing Constitution after a Congressional
rejection of Certification of a proposed Constitution, then the Congress shall
request that the Federation of States prepare
another Constitution for their adoption to be present for Certification by the
Congress of the Southern Independence Party for their Certification for the
Ratification Process. Paragraph
6:
Meanwhile, the Adopted Constitution for the Southern Independence Party
presented by the Federation of States shall serve as a temporary guide for
Party organization on a National level and shall continue until a replacement
Constitution shall have been presented by the Federation of States to the
Congress of the Southern Independence Party for Certification. SECTION
2: Ratification Paragraph
1: The
Executive Director of the Southern Executive Branch 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. Paragraph
2:
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.
Art.
VIII Paragraph
3:
States’ Parties may not alter nor amend a proposed Adopted and
Certified Constitution sent for Ratification or Rejection by the Executive
Director of the SEB 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. Paragraph
4:
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
Paragraph
1: 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 Executive Branch within the time limits specified. Paragraph
2: The
Southern Executive Branch Executive Director shall advise and give Formal Written
Notice by Certified Return Receipt Mail to the Chairman of the Southern
Independence Party of the successful Ratification or of the Rejection of this
Proposed Adopted and Certified Constitution as soon as it becomes known either
way. The Southern Executive
Branch Executive Director shall implement the decision and shall also notify
the various Federation State Chairmen of the various State Southern
Independence Parties
within no longer than one week (7
days) of the deciding State vote resulting
in either Ratification or Rejection by Certified Return Receipt Mail to
the each State Chairman. Paragraph
3: Upon
Formal Written Notification of Ratification
by the Southern Executive Branch 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. Art.
IX. ARTICLE
IX. AMENDMENTS
TO THE SOUTHERN
INDEPENDENCE PARTY CONSTITUTION SECTION
1: Submission and Certification Paragraph
1: 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. Paragraph
2: 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. Paragraph
3: Alternative
Submission may be made by having a Chairman of a State Party submit the
proposed amendment to the Executive Director of the Southern Executive Branch
for submission to the Southern Independence Party Constitution and/or By-Laws
Committee. However, prior
to an SEB submission to the Southern Independence Party Constitution and/or
By-Laws Committee, at least two other State Chairmen must join in the request
for that proposed Constitutional Amendment before the Executive Director of
the Southern Executive Branch may submit such proposal to the Southern
Independence Party Constitution and/or By-Laws Committee for review. Paragraph
4: Review.
Upon receipt of a proposed Constitutional Amendment from either method
of submission to the Southern Independence Party Congress (House of
Representatives) the Speaker of the House shall submit such proposal to the
Southern Independence Party Constitution and/or By-Laws Committee shall decide
how to recommend a proposed Constitutional Amendment thereto to Congress and
make such changes as seem to them prudent.
Then, recommendations of the Southern Independence Party Constitution
and/or By-Laws Committee. shall be decided by vote
"in favor of Amendment" or "opposed to Amendment.” Paragraph
5:
The Southern Independence Party Constitution and/or By-Laws Committee
Chairman, or the person that the Chairman appoints, will then deliver the
recommendation to the Southern Independence Party Congress (House of
Representatives) within no more than one week (7 days) following the
preparation by the Southern Independence Party Constitution and/or By-Laws
Committee of their recommendation concerning a Constitutional Amendment
proposal with proof of service. Art.
VIII Paragraph
6:
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. (1) If the vote was to “Accept” the proposed amendment to the Constitution of the Southern Independence Party, the Speaker of the House shall forward the bill proposing such amendment to the President of the Senate.
(2) The Senate would
then be required to vote on the bill with a 51% majority being required for a
decision to either “Accept the proposed Amendment”, “meet with a
committee from the House to work out differences” or “Reject the
Amendment”
(3) If the Senate
votes to accept the proposed Amendment, the President of the Senate shall
forward the bill to the Chief Justice of the Constitutional Court for an
opinion.
(4) If the
Constitutional Court opinion rules the proposed amendment unconstitutional,
then the proposal shall be returned to the President of the Senate and may
only be made a part of the Constitution by Ratification by 3/4ths of the
States Parties. Such Ratification
action would also require Certification by the 3/4ths of the Senate prior to
the initiation of the Ratification procedure by forwarding the proposed
Amendment by the President of the Senate to the Executive Director of the
Southern Executive Branch by Certified Courier or Certified Return Receipt
Mail for official mailing with return receipt to each State Chairman.
(5) If the
Constitutional Court opinion rules the proposed amendment constitutional, then
the proposal may be Certified for Ratification processing by the Senate
without further delay or vote wherein the President of the Senate shall
forward the Certified Proposed Constitutional Amendment by Certified Courier
or Certified Return Receipt Mail to the Executive Director of the Southern
Executive Branch for official mailing with return receipt to each State
Chairman for Ratification. SECTION
2: Ratification Paragraph
1: 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
Executive Branch. 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. Art.
VIII Paragraph
2: 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 National Ratification of a Constitutional Amendment
requires Ratification by
3/4ths (75%) of
the States’ Parties. SECTION
3: Notification Paragraph
1. To
be counted, a State Party must have their Chairman or acting 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 Executive
Branch within the time limits specified which allows a State three (3) months
for Ratification vote. Paragraph
2. The
Southern Executive Branch 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 Executive Branch 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. Paragraph
3: Upon
Formal Written Notification of successful Ratification by the Southern
Executive Branch 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.
Paragraph
4:
The Southern Executive Branch Executive Director shall implement the
decision and shall also notify the various Federation State Chairmen of the
various State Southern Independence Parties within no longer than one week
(7 days) of the deciding State vote resulting
in either Ratification or Rejection of the Constitutional Amendment
involved by Certified Return
Receipt Mail to the each State Chairman. Art.
X. ARTICLE
X. RECALL
OF NATIONAL
OFFICERS OF THE
SOUTHERN INDEPENDENCE PARTY SECTION
1: Bill of Notice and Recall Paragraph
1: 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 Executive Branch.
The Recall Convention shall be treated as an emergency meeting, but
shall be thus enlarged to include the SEB and any other independent committees
that may exist. Only the members
of the two houses of Congress may vote however. Paragraph
2:
A Bill of Recall may also be ordered by the Constitutional Court for
sufficient cause. Paragraph
3:
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. Paragraph
4: Funding
for the Recall Convention meeting hall, not including travel, lodging or
meals, shall come one half from the Treasury of the Southern Independence
Party and the other half from the Federation of States or the Constitutional
Court calling the Recall Convention. SECTION
2: Recall
Paragraph
1:
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 Executive Branch 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. Paragraph
2: 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. Art.
X. Paragraph
3: Next,
the Recall Chairman shall first yield the floor only to the States involved in
the Recall Compact in order to introduce their List of Grievances with
discussion with a time limit set prior by the Recall Compact. Paragraph
4: Next
the Recall Chairman shall open the floor to general discussion from all
the participating Representatives including the Party Chairman, the Speaker of
the House, or the Executive Director of the SEB who might request the floor.
A time limit will have been established for such discussion by the
Recall Chairman prior to general discussion. Paragraph
5: 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 National officer involved. Paragraph
6: If such
motions are seconded they shall be discussed within a time limit and then
shall be brought to a vote in accordance with the Robert’s Rules of Order, 9th
Edition. Paragraph
7: 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. Paragraph
8: 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 Paragraph
1: If a
Motion for Impeachment of any National officer is tendered, and seconded, an
impeachment trial shall be scheduled before the Senate acting as Jury. Paragraph
2: The
President of the Senate shall appoint an unlicenced
Impeachment Prosecutor to conduct the prosecution. Paragraph
3: The
Defendant may retain the services of an
unlicenced Defense Counsel. Paragraph
4: 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. Art.
X. Paragraph
5:
At the appointed time for trial, a time limited general dissertation
may ensue under the direction of the Recall Chairman to explain the process.
After this general dissertation, the Impeachment Prosecutor shall
proceed to further state his case. Paragraph
6: Equal
time shall be given to the officer or officers being tried for Impeachment
either by their own representation or by unlicenced counsel of their choice
for denial and/or rebuttal of charges. Paragraph
7: Next, the
Prosecution may introduce evidence and provide witnesses for testimony before
the Senate who shall be serving as jury in during an Impeachment trial.
Questions or interruptions from the Senators shall be out of order
during this process, but shall be opened at a later time. Paragraph
8: The
officer or officers charged or their unlicenced Defense Counsel may cross
examine the witnesses and may challenge the validity of the evidence.
In the case of a challenge of the evidence presented, a 51% vote from
the Senators acting as Jury shall suffice to allow introduction of such
evidence. Paragraph
9: After
this, the Recall Chairman will again call upon the Prosecutor who may wish to
introduce more evidence or other witnesses or who may rest his case at that
point. Paragraph
10: The
Defense, either the officer or officers themselves or their Defense Counsel
may then introduce their own evidence and witnesses for testimony. Paragraph
11: The
Prosecutor shall inspect the evidence of the Defense and may challenge the
validity thereof. In such a case,
the matter will be settled by a 51% vote of the Senators acting as Jury.
The Prosecutor may also cross examine the Defense witnesses.
Paragraph
12: At this
point, direct questioning by the Jury (Senators) of the officer or officers
indicted shall be permitted and the answers may not be given by the Defense
Counsel but rather must be answered directly by the charged officer or
officers. At the end of this
questioning, the Recall Chairman will call for uninterrupted closing arguments
from the Defense, either by the officer or officers involved or by their
unlicenced Defense Counsel with a 30 minute time limitation. Paragraph
13: After
the Defense gives their closing arguments, the Prosecution will offer his
closing arguments uninterrupted for 30 minutes. Paragraph
14: The Jury
(Senators) shall vote by roll call either for “Impeachment” on each count
of the charges or “Acquittal” count by count for each officer accused and
on trial for Impeachment.
Paragraph
15: A 2/3rds
vote is required of the Senators (Jury) for Impeachment or Acquittal, but
Impeachment occurs if a 2/3rds vote is obtained for conviction of an officer
on any count in the indictment. Art.
X. Paragraph
16: If
Acquitted on all counts, said officer is deemed innocent of the charges and
after the close of the Recall Convention, shall resume his normal roll in the
operations of the Southern Independence Party. Paragraph
17: If
Impeached, however, said officer is immediately stripped of his office in the
Southern Independence Party and shall, under supervision, turn over all files
and materials, funds, and other property owned by the Southern Independence
Party to the Recall Chairman who will hold these items in trust until a
replacement officer is elected and takes office and then takes possession of
such items. SECTION
4: Prosecution for Civil Fraud and/or Breach of Contract of Oath of Office or
of Fiduciary Duty. Paragraph
1: 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. Paragraph
2: If Civil
Suit is requested by the Congress or by the Executive Director of the Southern
Executive Branch, such shall be filed by licensed Legal Counsel which shall be
retained to prosecute such civil action. Paragraph
3: Funds
shall be paid from the Treasury of the Southern Independence Party for such
Civil Suit. Paragraph
4: If it
appears that there have been criminal felonies committed, charges will be
filed to the appropriate State or Federal Prosecuting Attorneys. SECTION
4: 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
[To be prepared later by a
committee.] *
* * Originally
written and Submitted to
the Southern Federation Committee for review and Adoption by the:
Constitutional
Committee of the Southern Party December
15, 1999 Joel
L. Watts, Provisional State
Chairman of the Louisiana -
Southern Party Constitution Committee Chairman Greg
Kay, State Chairman of the West Virginia - Southern
Party Constitution Committee Vice-Chairman
Thomas
Rhyne Brown, Provisional State Chairman - Maryland - Southern
Party Constitution
Committee Member Dr.
Thomas Hiter, Ph.D., Kentucky
Southern Party - Constitution
Committee Member Charles
Smith, Vice-Chairman, Kentucky Southern Party
- Constitution Committee Member Adopted
January 7, 2000 In
accordance with the unanimous revisions made by the Executive
Committee of the Southern Party of Texas on May 6, 2000 Special
Caucus held May 6, 2000 in Bryan, Texas as
a Constitutional Convention
by the
Executive Committee of the Southern Party of Texas Dennis
Joyce, Chairman Carol
Edwards - First Vice Chairman John
David Poole II, Second Vice Chairman Steve
P. Brown, Third Vice Chairman Vance
Beaudreau, Vice Chairman of Communications Robert
Baker, Vice Chairman of Party Development
unanimously approved this
comprehensive Constitution developed for the State Southern Parties and
Submitted the same to the
Executive Director, Dennis Joyce of the Federation of
States, on July 4, 2000 for
ADOPTION to
be mailed to the various State Chairmen desiring to belong to a legal
organization of the State
Southern Parties who are independent from the centralist autocratic club
calling itself the
Southern National Committee and the Southern Party, for
Review by such State leaders and for formal
Presentation to the Southern Independence Party Congress meeting in National
Convention in Birmingham, Alabama on July 28, 2000 and
again in Jackson, Mississippi on May 12, 2001 for
their vote for CERTIFICATION and Return to the Federation
of States for the RATIFICATION PROCESS with the State
Southern Independence Parties as THE CONSTITUTION OF THE SOUTHERN INDEPENDENCE PARTY |
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