Article IV – Division of Powers

ARTICLE. IV.

The DIVISION of POWERS

 

Splitting the powers between the Federal and State governments required splitting the budgetary outlays as well as grouping similar services together. This simple act of common sense is not practiced by any of our current layers of government, nor by our budgets which divide myriad similar services costing far more money, time, and confusion than is necessary. Nor is any of this organized by our current Constitution. Why? Because The Madison Constitution was not made for modern times, but for the 1700s. After organizing them, I put the big nationally oriented programs under the power of the Federal government, and those having a local application under the power of the States. Building and infrastructure and energy and agriculture and education and State Guards went to the States while information and licensing and internet and Social Security and health and major crime policing and the Armed Forces and foreign affairs went to the Federal government. Common sense really, and in the end simple, but both discretionary and non-discretionary budgets and state, local, and county governments, departments and tons of taxes and tax-like fees, and who takes in how much in taxes and from where, all allowed for plenty of enjoyment in organizing them all into a cohesive and coordinated, working, checks and balances government with the single transaction tax directly funding them all according to the percentages set by Our Citizens every twelve years. Dive on in folks; it’s your government.

Just remember, when you look “under the hood” of The Valentine Constitution, before taking a self-centered knee jerk position without first considering positions other than your own, consider the old adage: “When you change the way you look at things; the things you look at change.” Be part of the solution by seeing things an as integrated whole and yourself as another puzzle piece looking for a home and taking clues from puzzle pieces that are in the right spot. The armchair quarterbacks who judge me and my Constitution, after much of my lifetime and most of my money was put into it, should realize that this is considerably more complicated than football, and it sure as heck ain’t fantasy. We’re dealing with people’s lives here. Self-centered analysis is why we have the chaos and inefficiency and unhappy Citizenry we have now.

I’ve taken every pro I’ve ever met to school. First I let them do their thing since they’re supposed to be the pros, then I realize they are not the pros they said they were and will not come up with what I want. So I take over the process and dictate play and drive them until it’s done properly and within the high standards that are so much easier to fulfill, and so much harder to circumvent. So much effort is made avoiding the far easier way of responsibility, discipline, respect and high standards. Humans are by nature creative. Yet every pro was unable to see it, hear it, get it; but in the end, after all the explaining and the many attempts, all paid for by me, they liked it and were at least intrigued, and at most, stimulated to adopt and improve on the higher standard. Complacency is a trap. Avoid it like the plague.

 

PART. I. GOVERNANCE

 

Section. 1. All responsibilities are divided between the Federal and State governments, and city and county governments are eliminated:

When the Founding Fathers created our current Constitution, the Madison Constitution, they divvied up the powers of government between Federal and State government only; there was no inclusion of City and County governments. Both The Madison Constitution and The Valentine Constitution wisely exclude City and County government since they are unnecessary and unduly confuse Citizens by adding two more layers of government and two more layers of problems, and two more layers of potential corruption since most town council members are not even paid so how do they pay their bills? None of our current four layers of government ever owns a problem, we simply get two extra layers to wade through to get something done.

In the 225 years since Madison divvied up the powers of government between the Federal and State governments, there has been an enormous addition to those powers which is a big part of what all the brouhaha has been about of late. Our Citizens have every right to be apathetic since it is absolutely futile to attempt to engage with any of our governments or their departments. Why have more government when common sense argues for less? I have spent more hours, weeks, days, months, tears, years and decades than any other American Citizen attempting in vain to discover where the buck stops, or to get any response from our various governments and their 20,000 departments. I sent 1,000 faxes per year for one 7 year stretch alone, made thousands of phone calls, wasted years on hold. And I made the same effort with big business with the same result.

Any powers not mentioned in The Madison Constitution are reserved for the States (or the Citizens) by the Tenth Amendment, but no General Law charters and Home Rule charters are mentioned, only the checked and balanced relationship between the Federal and State government. No such relationship exists between a State and a City or a County which instead just muddy the waters of responsibility. The State and the Federal government are decidedly separate; it was definitively decided. The artificial County or City borders only obfuscate State responsibilities. Own the problem and own the solution; don’t pawn it off on some minor elected officials that Citizens hardly pay attention to and rarely vote for, especially at a time when increased mobility makes learning about new candidates and systems far more difficult to keep up with. Like The Madison Constitution, The Valentine Constitution excludes City and County government and instead reduces government to two manageable, accountable, non-redundant halves rather than four chaotic, non-transparent, overlapping layers none of whom take responsibility for any problem.

City and County governments will be abolished to reduce the size of government and the number of politicians and departments that Our Citizens must keep track of; to eliminate inefficient overlap in governments and departments, and instead allow our Citizens to quickly and easily find and hold accountable the responsible department and government employee, and to more easily track budget expenditures made by our government and departments. All duties and responsibilities are divided between the Federal and State governments in a coherent, logical, integrated manner for maximum efficiency, productivity, accountability and transparency with no overlap of responsibilities.

 

all laws will, unless impractical, be uniform throughout the nation:

The Valentine Constitution ensures that all State and Federal laws be uniform so that Citizens have a clear understanding of the rules no matter where they happen to move to, and so that fair standards will apply across the country. Since certain powers are given to the States, those powers must be uniformly applied to Our Citizens who have far better things to do than keep up with fifty different sets of laws, especially concerning things under State jurisdiction like education, the electrical infrastructure, the State Guard, agriculture, and building, while other provisions allow communities to invoke their will regarding style or growth and the like. The general laws will be identical when and where practical. Speed limits, penal codes, negligence, noise, the vast majority of laws will be identical with minor variances to account for common sense realities.

The Valentine Constitution establishes the rule of uniformity as a standard in many of its provisions to enable Citizens to more easily understand their own government, to feel more invited, and be more likely to participate in their democracy and be able to solve problems without getting caught up in fifty different varieties of compliance. Follow common sense and luck will follow you. Uniformity of law provides ease of use, decreases stress and allows for energy to be spent on the content of the law rather than the games of politics. A principled environment attracts principled people.

 

the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people:

The Tenth Amendment to The Madison Constitution is reaffirmed.

 

Section. 2. Our Federal and State governments are prohibited from abridging the rights, privileges or immunities of Our Citizens:

Taken from the Fourteenth Amendment to The Madison Constitution and reaffirmed. In The Valentine Constitution due process rights are under The Judicial Branch while others are under Rights and Responsibilities.

 

Section. 3. Every State is guaranteed a republican form of government:

Taken from The Madison Constitution and reaffirmed. Each of Our States is required to provide a republican form of government.

Republican: of a form of government or Constitution belonging to, or characteristic of a republic.

Republic: a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than an ancestral or divine monarch.

 

full faith and credit shall be given in each State to every other State:

Each of Our States needs to do business, have lines of credit, and pay employees.

 

Section. 4. Any department of government may demand the enforcement of any provision of this Constitution which is not being adequately enforced by the responsible department; and shall have the right, if enforcement is not then forthcoming, to enforce the provision themselves and to be compensated therefor by the negligent branch:

The provision empowers departments or department manager appointees or office holders in State or Federal government to demand that a law, not being timely executed by another State or Federal department, be enforced by the responsible department or unit, and, if ignored, to step in and do the job, and bill the negligent department for the execution. It is a strong incentive for each department and official to do their jobs to the full extent. Again, the primary doctrines espoused in The Valentine Constitution would require a few warnings in most cases enough to get the job done, but an elected official or appointee, loyal to certain camps or issues or re-election, shall no longer be allowed to avoid enforcing laws. The Citizens have the right to have their Constitution and their laws enforced.

 

PART. II. FEDERAL RESPONSIBILITIES

 

The Valentine Constitution organizes the chaos of our current government and provides incentives for better performance. It employs common sense to group together things that logically belong together, and to separate others. It directs duties having a more local impact and requiring local information to the States, and those of a national nature to the Federal government.

Our FEDERAL GOVERNMENT shall, within the limitations imposed by the other provisions of this Constitution, have the following POWERS and RESPONSIBILITIES:

 

Section. 1. Foreign affairs, trade, intelligence, and the Armed Forces:

Since the Federal Executive branch controls these three departments, The Valentine Constitution places them under Federal control.

 

Section. 2. Information, standards, cable, phone and internet communications, information security, air traffic control, banking, commerce, finance, market trading, insurance and public utility oversight, and consumer services; and vital statistics and records, identification, licensing, license tests, and forms:

Data, transactions, and their security, and the organization and the integration of that data, should be kept in one secure place. Its national application and support are best served Federally. Banking transactions and the transaction tax and the immediate directing of those revenues to the appropriate budget, department, unit or even contractor or government employee’s paycheck, or health expenditure, will all be under one umbrella as it should be, and all be traceable in any direction from source to recipient, reducing by a hundredfold the number of transactions our government and banks track now.

 

applications and the like which shall be uniform, simple, streamlined, integrated, and available to each citizen in that Citizen’s account where each citizen shall have access to all of that Citizen’s financial, medical, legal, licensing, educational, tax, passport and other information which shall be under the sole control of The Citizen:

When each Citizen has all of their records and bank, credit and insurance accounts in one secure place under their control, we save our Citizens time and decrease stress in their lives and allow them more time to be productive, to have more successful small businesses, provide jobs, and prepare their children to be solid members of our society. We also save our government a lot of money and make it a lot more efficient since everything will be simpler and things will all go where they logically should be. All licensing is made uniform and assigned to the Federal government tasked with helping the Citizen-licensee to better comply with the law, focusing on the purpose of the law and achieving success for the Citizen trying to comply with the law, rather than refusing to educate the Citizen and focusing on penalizing the Citizen’s failure, saving time and money and allowing more productivity. Simple, direct and user friendly, The Valentine Constitution ensures that our government organize the chaos, eliminate the confusion and frustration, and streamline services to help more and more of our puzzle pieces find their right place in the big picture.

Generally, The Valentine Constitution requires that the government aid American citizens in commerce and compliance to increase productivity. Each Citizen is considered a small business whose efficiency increases productivity and whose inefficiency decreases productivity. The Citizen-voter, producer-consumer, saver-lender, investor-dividend recipient, exerciser-healthy-eater and health care recipient, relationship emotion giver-taker etc. etc., all in various capacities both affect and are affected by each other’s problems. Every mistake is felt all the way down the line by each human domino in the branching chains of human dominoes affected in their various capacities. Mistakes and errors and tardiness are integrated problems and so our solutions must be integrated. Everything each of us does effects everything each of us does. Government must strive for efficient and smooth, glitch free functionality where we all know that we all know that we’re all in this together. That’s called a society, made up of lots of communities in states which make up a nation. The immediate goal is to fix everything since striving for anything less will be chasing our tail. So it’s all hands on deck, a place for everything and everything in its place. “Ship shape in Bristol fashion.”

This new organized structure of our government will allow for a directness of accountability which encourages government workers to inform Citizens, and Citizens to inform government workers who, because the buck stops with them, have an incentive to improve the system’s performance and the disincentive of being rated poorly by the Citizenry. Poor or good ratings lead to firings and rehirings of employees until each lands in their gift area doing what they do best, what comes most easily to them and what they are happiest doing. In cold economic terms even the crass, hateful, slave driving mid-level manager must admit to, the happy worker is more willing to work longer, harder hours for less pay than the unhappy worker, and is more likely to innovate, bring happiness to the workplace, and add stability to his family unit and community, all of which adds tremendously to our GDP, not to mention our quality of life, and why Jefferson included the pursuit of happiness in his declaration. That’s called a successful society, educated Citizens and helpful public servants working together to create better solutions in a transparent, accountable government and marketplace.

 

“puzzle pieces, people and their gifts seek to fit in;

stay true to yourself; don’t cram or trim.”

glorious day

 

Harmony is achieved when Citizens are gainfully employed in the practice of their gifts, and socially engaged with the right friends and suitors. If the right “he” is with the right “her,” and both are in the right jobs, so much the better for those puzzle pieces still looking for their place in the world. Any Citizen in the right position helps all other Citizens to find their place in society by revealing their part of the picture of the harmonious society on the lost cover of the puzzle box.

Jealousy is bad; admiration good; competition great if it’s healthy or fun. The word “right” comes from our conscience, or instinct, like ducks going north or south for winter. Doing the right thing is the most wise thing to do in every situation. From the Ten Commandments to the Tao of Lao Tzu, the conscience is the seat of all religion, and the centerpiece and foundation of the philosophy which produced The Valentine Constitution. Our “God-given gifts” or “callings” call us until we fulfill our natural destinies. We must support each other in this endeavor. To do so we must have the “right” government and society.

 

science, and visual, audio, dance and other arts:

One of our top exports is entertainment. Under The Valentine Constitution our government will support its creation and development to create more business and jobs, and to improve our balance of payments. Sports, entertainment, art, technology and invention have a national effect and international audiences and so belong in the Federal realm.

 

Section. 3. Social Security, veterans’ benefits unrelated to health, unemployment, financial planning, labor, training and child and adult human services:

The Valentine Constitution organizes all forms of financial welfare into one department for more efficiency and less fraud. A department giving free money to those claiming they cannot find work will also track their efforts to find and accept any employment available, and to ensure they receive training so that they become employable as quickly as possible. Using two or three departments to do all of this confuses the task, increases inefficiency, fraud and laziness, as would splitting it up among the States. Therefore, The Valentine Constitution combines all of these similar kinds of welfare into one Federal department for increased efficiency, better responsiveness to the Citizen and less abuse of the system. Unemployment will not be doled out when/where jobs are available, and welfare and unemployment checks will be spent only on the basics.

 

Section. 4. Free basic health care for all Citizens:

The Valentine Constitution organizes all forms of medical welfare into one program to put the health back in health care and eliminate wasteful paperwork, overlap and confusion. It will slowly integrate Medicare, Medicaid, Obamacare and all other health programs into a free basic health clinic, a streamlined clinic that runs each citizen through a testing and evaluation and treatment assembly line with no waiting and no paperwork and a focus on prevention. Funded by their combined current ample budgets, services will grow as better and better results are achieved through the operational efficiency of the clinics, economies of scale, improvements in the prevention of illness and the health of the Citizens who will receive incentives for exercising and eating healthy. This clinic system puts the focus on health, improvement, innovation and prevention. Efficiency and savings will be achieved by redirecting the 30% we now spend tracking who can and has received what and who pays for what, into actual health services and by eliminating the bureaucratic paperwork system, all of which will already be significantly reduced by each Citizen’s single account, and cheaper insurance premiums for all but the reckless and slothful. Our current expenditures will be enough to cover 80% of the average Citizen’s health needs. Those Citizens who chose to eat poorly and never exercise will have to pay for the procedures and drugs they need to make their ill states of health and discomfort bearable, likewise reckless Citizens who have an inordinate number of mishaps. Disciplined, responsible Citizens should neither pay for nor enable undisciplined and reckless Citizens who now have no disincentives as they drain our health system with their haughty sense of entitlement while abusing their bodies with indulgent sloth, drug abuse and recklessness. They are not happy campers. Our clinic system will show them the love and concern they need to make healthy lifestyle choices and feel good about themselves physically and emotionally.

A clinic system will produce streamlined efficiency, and more efficiency will free up money for more and more services, as will more prevention oriented medicine. Citizens would be required to keep their vitals within certain ranges through diet and exercise. This alone has saved many municipalities 200% in their health care costs. It works, and we have only scratched the surface of a prevention based system of nutrition awareness promoting tasty, healthy foods free of poisons and sugars and fats, and body alignment and alignment exercise promoting an active social lifestyle, and ergonomic work and living spaces. Doctors and health practitioners working with architects and civil engineers will create spaces, furniture and exercise friendly cityscapes, all providing pain free vitality to each Citizen. Diet, exercise, the elimination of toxins and chemicals, organic farming, natural remedies, muscular/skeletal alignment, and healthy workstyle and lifestyle environments, all will drastically reduce our current astronomical heath care cost, and produce a healthy happy citizenry all sharing common goals and doubling the amount of health care we receive for the same amount we pay now.

 

a sustainable environment for our food, agriculture, fisheries, parks and fresh water supply:

The Valentine Constitution requires sustainable, organic agriculture free from toxins and destructive farming practices, and the restoration of the lands which sustain us. Our nation is running out of water. 1/5 of the world’s fresh water is in our Great Lakes; 1/5 in Russia’s Lake Baikal; 2/5 in the Amazon, leaving 6.5 billion to die fighting over the remaining 1/5. Much of what we have left is being polluted by fossil fuel production and use. Synthetic fertilizers and pollution are killing the bees which pollinate our crops and acidifying our streams. No pollinators; no food. Nitrogen added to crops to increase yields is causing algae blooms in our rivers and our lakes and The Gulf starving our fish of oxygen and destroying our fisheries. Gas fracturing pollutes thousands of gallons of water with chemicals for drilling into shale surrounding our water aquifers, then explodes the shale infusing the aquifer with toxic gas. Gas, coal and oil use and production further directly pollute our crops and fisheries, water, air, soil and trees.

 

Section. 5. The maintenance of a single Law Enforcement Agency for hard crimes, under Citizen and Executive Branch oversight, with one chain of command, and a separate unarmed Social Peacemaker Service for soft crimes including misdemeanors:

The Valentine Constitution organizes the enforcement all laws dealing with “hard” or felony type crimes into one agency with one chain of command to increase effectiveness and eliminate waste and overlap. “Hard crimes” will be handled by our Federal Agency using armed personnel to apply a more forceful response to hard crimes, while “soft” or misdemeanor type crimes will be handled by our unarmed Social Peacemaker Service to apply a more understanding response to soft crimes. Hard crime like homicide, armed robbery, human trafficking, prostitution, rape, burglary, theft, fraud, racketeering, organized crime, aggravated assault, all require hard justice and entail rough investigations best suited to a tougher type of cop who will not be involved with soft crimes unless called in by Our Social Peacemaker Service to make an arrest. Having soft crimes under a separate branch than hard crimes avoids the use of excessive force often used when we confuse our policemen by expecting them to have a gunfight with a hard criminal one hour and then quell a lovers’ quarrel the next. It’s too big an ask. The Valentine Constitution gives these very different tasks to very different types of people.

Currently our law enforcement agencies are not sharing any information. Why? Because each wants to get credit for the “collar.” Why? To bolster their careers and to bring more funding to their department. As a result, overlap and bungling are rampant when two and three and four and even five agencies pursue the same cases or different parts of the same case, competing and wasting resources and time which is always of the essence in dealing with crime. The Valentine Constitution eliminates this dangerous overlap by avoiding the far too frequent confusion which occurs when several law enforcement agencies are unaware they are investigating the same criminals or working on different aspects of the same case, at times even suspecting an undercover agent of being a criminal! A separate chain of command for hard crimes facilitates communication and coordination and the sharing of information, and allows for the confidentiality necessary for the hard crimes units to operate effectively without being compromised.

Corruption is rampant when city police forces have too much autonomy and no oversight, when only two people, the mayor and the police chief, call the shots and do so with little oversight. It’s easy to corrupt a couple of people in a system without checks and balances. The office of mayor goes unnoticed by most voters who lack the time necessary to keep up with all the elected officials they are currently responsible for keeping up with. A smaller bureaucracy will be more effective and leave more of the budget for real investigative work. There were fifty different agencies responsible for security at the 2016 Super Bowl! 50! The Valentine Constitution puts all hard crime enforcement under one agency with one chain of command, with coordination of missions and units, no confusion, no overlap, and no incentive to vie for the spotlight in any given bust. The single law enforcement agency eliminates the competition for “collars” which now hinders cooperation and the sharing of information necessary for effective law enforcement especially in combating terrorism.

Both Our Armed Forces and Our State Guards will provide checks and balances for Our Federal Law Enforcement Agency who will as a matter of course coordinate with in-country Armed Forces tasked with immigration and homeland security, and with State Guard fire units when caused by arson, paramedic units when things get bloody, and Road Ranger units dealing with traffic, infractions, speeding, and reckless and drunk drivers, all soon to be obsolete by driverless cars, remote cameras, and Citizens reporting them using a simple app and phone cameras.

 

shall include a separate unarmed soft crimes department which shall handle soft crimes including misdemeanors:

Soft crimes should be dealt with by sympathetic, understanding, cool headed, calm people who have a genuine concern for others. Upon the alleged commission of a misdemeanor, a Social Worker and an unpaid Peacemaker, both locals from the community they serve, will travel to the scene of the problem and calm everyone down if necessary, or maybe take over from a hard crimes officer who may have caught the perpetrator. Both the Social Worker and the Peacemaker are selected due to their particular expertise in that particular problem area. They will be experienced in petty theft, domestic disturbances, drunks, etc., even particular kinds. The Peacemaker will wear a well-known Peacemaker garment which says, “I’m not being paid; I’m here because I care”. They may call a Review Court Justice to confirm any disputed legalities and the Justice may appear on the scene if they so desire. A domestic dispute or a fight or a petty theft or a disorderly drunk will be straightened out, stipulations may be made, and programs will be offered instead of fines or jail time, rides will be arranged to separate folks or get folks home. Our government will save the money now spent alienating Our Citizens with arrests and “processing” and fines and adjudication.

An arresting officer is the wrong person to send to a domestic dispute, a gun to a fist fight. Our Citizens should not be criminalized. Emotional couples, drunks, petty thieves and other misdemeanor criminals often have their only contact with our legal system at these times. It is a scary time for them, and an opportunity for our government to help them become better Citizens, regain emotional and financial control, and get their lives together. Arrest fails to accomplish any of those goals, and instead creates a hater of the legal system and of our government and subtracts fines from their tiny bank accounts. These Citizens are not so much committing crimes as making mistakes. An armed officer intent on arrest is the wrong dog for this fight. State laws now require that one of the two Citizens involved in a domestic dispute be arrested! No alternatives are available to the officers called to the scene! It’s not fair to the cop, or anyone. Who writes these laws, and what Constitution allows them to be written? Not mine.

The Valentine Constitution instead allows for our unarmed soft crimes department to deal with these kinds of situations as unarmed, non-threatening, non-provoking, here-to-help public servants, as opposed to here-to-arrest armed officers. A Social Worker and Peacemaker whose expertise is domestic violence is sent in to defuse the situation and offer help in the form of programs offered or required to help the couple to avoid destructive behavior, get off drugs or alcohol, help the child witnessing the bad behavior, allow the family to avoid the fines and fees and work disruption. These people need every penny to make rent. Fining them so they cannot pay rent only puts them on the street! Problem exacerbated. The interventions save us money by getting these folks back on track in their lives. The ability to cut deals or issue warnings (and enforce the warnings since they are locals and will remember who they warned), or call in an arresting member of the hard crimes unit will provide them with the requisite authority, while their ability to put the perpetrators in a class or AA or some kind of program gives our Social Peacemaker Service the capacity to solve the problem that incarceration has repeatedly not only been unable to solve but usually exacerbates. Furthermore, these helpful types will probably come up with ideas themselves for preventing the crime in the first place, for helping the errant Citizen, or for creating problem solving alternatives to arrest in soft or delicate situations dealing with minor infractions of the law. The programs and techniques which work will be adopted nationally as all information will be shared. That’s how a society should operate. Our current police state is way too costly and produces unhappy hopeless, helpless communities.

 

providing public event guidance to participants.

Other Peacemakers will for example volunteer to give their fellow citizens helpful directions or instructions or heads up as to the illegality of their position during large public events or protests. “Better get rid of that beer; the police are right over there,” accomplishes the task in a much cooler, less expensive, less stressful, less confrontational manner. Peacemakers are on the Citizens’ side.

So much less costly to allow volunteer Peacemakers to provide cordial heads up to drinkers, for example, that they are not allowed to have a beer in their hand even though a street may be opened to bars and closed to traffic. The alternative is to arrest the person, often a tourist unaware of local laws. One scenario is kind and inexpensive, and reinforces the Citizens good will towards government; the other alienates the Citizen with the harshness of incarceration breeding ill will and costing all involved, except officers tax dollars are paying to unduly oppress otherwise law abiding Citizens harming no one. One is a society; the other, a police state. Information and crowd guidance is further imparted by Peacemakers to allow for a fun tourist experience so essential to a strong economy.

The Citizen Peacekeepers will work in conjunction with the State Guards to guide the participants in any public event, supplying them with pertinent information, advising them as to the law and acting as a buffer between the Citizen and the State Guard who will not be tolerant of those who break the law since all Citizens will have had a heads up before they decide to step out of line. (A.4 P.3 S.4)

Elsewhere in The Valentine Constitution the rules for public drinking etc. are made uniform throughout the nation so that all Citizens and law officers are aware of the dos and don’ts without the confusion of numerous divergent rules in different cities.

In other provisions, our Social Workers and Peacemakers are required to live in the community they serve whenever practicable, and so they may well know the drunk or thief or couple they have been sent to assist rather than arrest, and will remember those they have given warnings to.

 

each member of hard and soft crime units must wear body cams and record audio and video of their activities whenever on duty:

To properly police our police forces, we must know how they are behaving.

 

PART. III. STATE RESPONSIBILITIES

 

Our STATE GOVERNMENT shall, within the limitations imposed by the other provisions of this Constitution, have the following POWERS and RESPONSIBILITIES:

The Valentine Constitution employs common sense to group together things that logically belong together, to place responsibilities having a more local impact and requiring local information under State control, and to encourage Citizens to rate work allowing the best ideas and companies to be contracted, and to further encourage States to compete and share improvements, new techniques and ideas.

 

Section. 1. The construction and maintenance of government buildings, and the establishment and enforcement of building safety, architectural and style codes:

The Valentine Constitution puts all building matters and all government building under State control. If the government builds it, the States are responsible. If you are building something and need help or advice, call your State. One stop, one person, one answer. Everything that has to do with building and construction, OSHA type safety, equipment, material, codes, everything is with the State. Simple. Clear. Understood. Each department has a different agency for each type of project: roads, bridges, tunnels, housing, offices, ports, barracks, prisons. Each Agency has a different Section for each part of the project: Curbs, intersections paint, traffic lights, etc. Each Section has different units: Solar panels, switchers, lights, armatures etc. Each unit has personnel, and that’s where the buck stops, and it’s identical in every single state, all separated and all integrated, and all organized and orderly, and all sharing the best techniques, methods and materials, with no way to pass the buck. Department, Agency, Division, Section, Unit, Public Servant.

Furthermore, and of the utmost import, is the back end organization. Say you get to the unit responsible for the solar panels above traffic lights. Being solar, they must coordinate with other solar oriented units. This unit may be in traffic lights within road building, but they may have far more in common with the solar energy department, the ones building the solar parts of the sustainable grid. If these traffic light solar panel folks can put up a bigger panel and collect more energy than they need, or if the wind at that intersection is always howling because of the wind tunnel created by certain buildings or it’s in the desert, then talk to the wind turbine folks and get them to design little turbines. Sustainable energy is a nickel and dime business. Organization that foresees integration can produce all sorts of efficiencies and cross department problem solving.

States will share their information and get better and better at building, and pass their info on to the construction industry and then we export our know-how and products. All roofing material and south facing walls have photo voltaic material to collect energy. Citizens use apps to rate a new road. Is it smooth or bumpy; is it user friendly; is it safe? Did construction interrupt traffic flow too much? Feedback, who knew, leads to innovation.

 

what to build and where to build will require the majority consent of Voters in the community affected:

How many times have we seen great towns and cities destroyed because everyone wants to live there, then when everyone lives there, it’s a shadow of its former self, congested, and horrible and no one wants to live there anymore. If we have a community of people who wish to keep their town or portion of it the way it is, then they should be allowed to. There should be no right to ruin what’s nice. When did “growth” become the motivation of a city? When the first city government was chartered by the big money interests who needed control to make a ton of money because a good living was not enough for their greedy butts. They need power to feel alive. Their money supplies their identity so they don’t have to grow a personality or face their fear of the heartfelt. It seems they’re not happy unless others are suffering. Money not quality of life drives them, unlike us. Corrupt city and county governments have done more to destroy American than any other institution, and why neither Madison nor myself include city or county governments in our Constitutions. And so we must protect ourselves by eliminating property tax, the primary driver of the worst kind of growth, and by requiring that local Citizens approve of any new building that may affect their community. That’s a democracy. That other way is called fascism.

 

Section. 2. The construction and maintenance of a renewable electric vehicle based transportation system integrated with our renewable energy and communications grid including all roads, bridges, tunnels, docks, ports, and other transportation and sewage and waste infrastructure; an affordable electric public transportation; and oversight of rail, shipping and other transportation infrastructure:

The Valentine Constitution puts the electric and transportation infrastructure under State control where Our Citizens will be able to rate results in apps. Is the new road bumpy? Does it flood? Did it take too long? Did it cost too much? The best builders will get the contracts and become the mentors and trainers for other companies as the cream rises to the top.

Picture a solar surfaced roadway, like the solar energy producing snap-in hex panels currently being tested on Mississippi’s roadways, or some other solar collecting surface that replaces pavement; heats up in winter to avoid the need for salting or plowing; integrates with electric vehicles, and, underneath, our communications infrastructure, sewage and water; saves the costs and time and traffic blocking of excavation of pavement to access those plants; eliminates weather related power outages from downed poles by putting the electrical grid under the panels; provides more security from sabotage by eliminating the single target power plant and allowing infinite rerouting and back up of energy and information; and HALVES OUR ENERGY REQUIREMENTS since 50% of our energy is currently lost in transmission from the power plant to the end user, all at a time when we need a new infrastructure anyway. Bridges and buildings with wind turbines tiny and large, solar roofs and south facing walls, geothermal wells and wind farms, saline tank energy and many more, all fulfilling local energy needs and sending the excess down the grid where needed.

Fuel cell technology and cars in tubes with partial vacuum environments are two other possible technologies we could test. TRY all three on different patches of roadway and see how they fare before committing to a national strategy.

 

Section. 3. The construction and maintenance statewide of a coordinated sustainable energy production and transmission grid by 2024:

The Valentine Constitution calls for a sustainable energy grid with local production and energy independence and security. Sources of energy produced as closely as possible to the energy need will save us much of the 50% of our energy which currently gets lost in transmission from the power plant to the end user. Plug your car into your home which generates solar and wind and geothermal energy, has a photovoltaic driveway, roof and southern exposed walls. Roofs will house small wind turbines, and catch rain water into cisterns for cleaning and watering.

The cost of sustainable energy is now the same as the cost of fossil and nuclear fuels, minus the huge costs of damage to our food supply and environment by filthy, disease causing, water polluting, air polluting, and pollinator killing fossil and nuclear fuels, costs we’re already paying in health care and extensive environmental damage. Sustainable energy provides more and better jobs and avoids costly health and environmental problems. It ends the short sighted stupidity of tearing down a mountain with Category 5 winds to get six months’ worth of coal when we could have a lifetime of clean energy and long term jobs for the exact same price, minus the pollution of the ecosystem and wildlife and nearby streams and downstream rivers with heavy metals and coal slurry and sludge. The Fukushima reactor in Japan has been contaminating the Pacific Ocean for five years with no hope of containment in sight. We must stop the creation of nuclear bomb making material anyway at a time when terrorists and religious leaders intent on ending Christian lives everywhere are acquiring nuclear bombs and intercontinental strike capabilities. A later provision mandates the dismantling of nuclear warheads worldwide.

 

Section. 4. A State Guard also responsible for emergency relief, paramedics, urban and forest fires and traffic:

The Second Amendment to The Madison Constitution provides for a well-regulated Militia as necessary to the security of a free State. The Valentine Constitution reaffirms the right by continuing to allow the States to have “militias” called “State Guards” as a check against the Federal government or its Armed Forces becoming too powerful; and reinforces the “well-regulated” requirement by establishing a locally and nationally coordinated State and National Guard for emergency relief, paramedics and urban and forest fire under State Guard control. The State Guards will be regional by nature as various State Guard units form up both within States, especially large ones, and among States, especially small ones, so that in emergencies only the affected region of a given State’s State Guard will be activated to deal with the crisis. Constant communication and coordination among these small, nonhierarchical, regional commands with standing emergency response orders will provide clearer purposes, more fluid responses and more efficient missions in what as a whole will be a nimble National Guard under State control, though the commander in chief is authorized to deploy and command to defend the nation.

Connected locally and nationally, a variety of units and configurations will form State Guards, regional Guards and Our National Guard. The forest and urban firefighting units will connect to paramedics and to our health care system and clinics, all part of our emergency relief system and already in operation in the event of a crisis. Equipment and supply staging, equipment transportation, communications, coordination, personnel assistance, rescue teams, medical teams, and expert teams, Road Rangers, citizen guidance, search, rescue, first aid, victim transportation and safety, housing, diagnosis, infection prevention, disease control, pharmaceutical and water distribution, water purification, electrical generation, disaster stopgap, and containment construction will all be at the ready and ready for loan to affected regions or localities. Give the local units the lead because they know the turf and will have already initiated mobilization. Reach out as needed to Our Armed Forces, a portion of whom will already be deployed in country providing homeland security.

Capable of moving on problems as a coordinated group in any combination as they will throughout the year when responding to crises of all sizes, the units will know each other’s responsibilities and count on their being met. Mobilizing and directing the Citizenry as the Guard units prep for the move towards the epicenter with all available units, focusing their resources on the crisis, pulling what they need out of storage, drawing on Citizen volunteers fully trained for the occasion both in the field and working from home, some filling in the skeleton crews who must stay behind to keep things running, will all be in a day’s work. And all Citizens will have gone through boot camp in high school, understand the drill, and respond appropriately to a system worth their trust. Problems can be dealt with by Citizens as they will have oversight and can critique and improve each effort, implement the appropriate changes, and share all the information nationally and later with our neighbor nations and other nations who will teach us as well.

At a time when water, and therefore food, will soon become scarce, we need to know who will control these dwindling water and food supplies? It’s best to spread control out so that one group does not hoard sources or supplies. However, those protecting the water supplies will be Our State Guards, and in-country Armed Forces. When supplies dwindle as forecast, only a small number will be able to survive off of the remaining water supplies. The members of the State Guards and the in-country Armed Forces will naturally choose their families to be among those who survive. Other armed Citizens who are able to successfully protect smaller water and food supplies from other desperate Citizens may also be able to survive. The rest of us will perish. This fate is coming and is probably inevitable. The Valentine Constitution gives us a fighting chance to protect our water and food supplies so that many of us may survive. But like the people of Easter Island, Americans are human and prone to a short sightedness born of lazy, pleasure seeking mindsets which cannot and will not contemplate the day when the water no longer flows from their taps, and the food no longer comes from the shelves of their grocery stores, when it’s right around the corner.

 

traffic:

Since Our State Guards are tasked with emergency relief which includes paramedical and rescue, then State Guard Road Rangers are best suited to deal with traffic accidents and injuries, to help stranded motorists, repair vehicles, provide directions and offer shelter to, say, mother and kids while the situation is rectified. State Guard traffic control and traffic direction units will be the kings of the road, fully knowledgeable of routes, roads and conditions, directing snow removal and other emergency equipment. When an emergency arises, they are already in position and well positioned to direct Citizens and State Guard troops in emergency traffic control. Road Rangers will devise systems for babysitting road construction projects less expensively than the wasteful dispatch of an armed officer and cruiser. Road Rangers will deal with traffic, and traffic infractions, speeding, reckless and drunk drivers, all soon to be made obsolete by driverless cars, remote cameras, and Citizen reporting using a simple app which allows them to send video from their phone and car cameras.

 

crowd control; and protest protection for both sides:

The Valentine Constitution protects the right of Citizens to demonstrate and protects those Citizens and nearby property from the few bad apples who now routinely wreak havoc on otherwise peaceful protests. The State Guard will stand in front of businesses and walk embedded with the protesters and will be tasked with neutralizing any who harm property or protesters or State Guard troops. What are the bad apples going to do then? Nothing. Nip it in the bud.

The Valentine Constitution requires that protesters be allowed visibility. What good is the right to be heard if no one can hear you? If Our Citizens are willing to go out into the streets and holler, there’s probably something wrong. That’s why our founders allowed peaceable assembly, to illuminate problems that those in control are not solving. Without the consent of the governed the government “hath” no authority, since, in Our Declaration of Independence, government “derives its authority from the consent of the governed.” Does your government have your consent to do what they’ve been doing, or have they been ignoring you? Do you think your politicians will pass The Valentine Constitution just because you want it? It may be a good time to find out exactly where you stand in your own country, whether or not you really have any control over your own democracy. I’ll share this little tidbit: 95% of our press corps refuses to inform you that for the first time in over two hundred years someone wrote you a new Constitution. How can that not be newsworthy? Answer: It is newsworthy; they are simply owned by the interests you allowed to gain control of your government and economy, by doing nothing, except yelling at your TV. You’ll need to do more than complain if you wish to make improvements.

The Citizen Peacekeepers will work in conjunction with the State Guards to guide the participants in any public event, supplying them with pertinent information, advising them as to the law and acting as a buffer between the Citizen and the State Guard who will not be tolerant of those who break the law since all Citizens will have had a heads up before they decide to step out of line. (A.4 P.2 S.5)

 

maintenance of the general peace and welfare; and for the protection of our children:

The Valentine Constitution has no tolerance for hard criminals, and calls upon Our State Guards to come to the aid of a beleaguered child or student or other Citizens in extreme situations, like American streets under the control of predators or organized criminals and other enemies of the State. Soldiers are trained to kill and have a righteous zeal, attributes which send the appropriate message to the criminal element and the corrupt policing element who too are killers of people and souls and lives, but who oppositely have no conscience while committing acts like murder, molestation, rape and human trafficking. The appearance to these types of a soldier of Our Armed Forces or State Guard presents an ominous might and a commitment to eliminate rather than to arrest. It is a martial act commensurate with the atrociousness of the acts these criminals routinely perpetrate upon defenseless innocents. If the warning goes unheeded, the soldier will be duty bound to eliminate the target with extreme prejudice, and the result will be a cessation of repugnant acts in American communities. There must be a check and balance to failed and corrupt policing, and it must be strong enough to take on criminals and corrupt law enforcement who play with guns and life and death daily. That requires an American soldier.

Our Federal Law Enforcement Agency will deal with hard and violent crime, and coordinate in-country with Armed Forces tasked with immigration and homeland security, and with the State Guard’s fire units when caused by arson, paramedics when things get bloody, and Road Rangers dealing with traffic and traffic infractions, speeding, reckless and drunk drivers. Both Our Armed Forces and Our State Guards will provide checks and balances on each other and on Our Federal Law Enforcement Agency.

 

Section. 5. Training and pre-school through high school education excluding health and food:

The Valentine Constitution places education under State control since education is local by nature and therefore best dealt with by the closest government. The new school curriculum is explained in detail in later provisions.

 

PART. IV. Our DEPARTMENTS

 

Section. 1. The Directors of Our Federal Departments shall be appointed by Our President with the majority consent of The Senators; the Directors of Our State Departments shall be appointed by each Governor with the majority consent of The Legislators; The Director of Our Department of Elections shall be appointed by Our Justices of the Supreme Court and report to Our Citizens:

The Valentine Constitution reaffirms the authority laid down by The Madison Constitution (for Congress) to confer to the President, the Courts and heads of departments appointments suited to them.

 

Section. 2. Each Branch of the Federal and State government shall be responsible for reorganizing the Departments, Agencies, Bureaus and the like under its administration in accordance with the provisions set forth herein:

There are currently up to 20,000 departments or agencies. It would be inappropriate to include and define all governmental departments in a Constitution since their success will require constant revisions as they constantly adapt to an ever changing world, and Constitutions are difficult to change, prescriptive by nature and general in scope.

The Departments are the heart of our American government. Their staffers are its life blood. Our bureaucracy currently consists of people working under the duress of irrationality in a poorly functioning, politically infused government that stifles the pride that comes with success. Missions are hopeless and a befuddled chaos prevails. Leaders either lack vision or are not creative, are handcuffed by a law or a boss, are horrible at their jobs, or do not care.

The Valentine Constitution mandates that our departments aid, advise and educate our Citizens and use simple, user friendly programs. The government workers we Citizens come into contact with would prefer to be helpful and offer guidance rather than feed us pathetic excuses and redirect us into oblivion. Government workers need a clear job to do in a government organized to solve problems and provide Citizen support. Government workers must be free to improve their job techniques, their office, their agency and their departments, and focus on execution and mission success.

Good workers and leaders working in their gift areas are most productive, happiest and most helpful to Citizens. While being reorganized by The Valentine Constitution, a flexible employment system allowing workers to find a home in an efficient, organized, focused and coordinated government with no overlap of responsibilities and a culture of constant improvement will go a long way towards righting the ship. Firing and rehiring will go on until each worker finds their niche. People practicing their gifts are happier and far more productive than those stuck in jobs they hate. And there are lots of hateful jobs in a wasteful, disorganized government with no focus or means for improvement.

 

for avoiding any overlap of responsibilities:

The Valentine Constitution mandates that our departments avoid duplicating responsibilities. One job, one person is traceable, so we can correct the behavior that led to the mistake or reward the behavior that led to the success, and learn from both, share the information with others, and succeed as a society.

 

for providing Our Citizens with the names and contact information of each employee or contractor responsible for each job:

The Valentine Constitution will provide to Our Citizens the names and contact information of the person responsible for any given problem. Why would we wish to hide anything? Instead we face the facts of a situation so we can deal with solving the problem at hand, fire who needs to be fired and help them land a job better suited to their aptitudes where they will be happier and more productive.

 

a simple, easy to understand budget; an explanation of how, where and why all tax dollars were and will be spent and who spent them:

The Valentine Constitution mandates that the departments disclose the path of our tax revenues in simple terms in non-accounting layman’s math which the average Citizen can understand, and also in accounting methods. Where the money went, where it is going in the future, why it was spent, who specifically spent it, when and who received it, how they spent it, the whole nine yards must be available to Our Citizens, whose money is being spent. And what added attraction does this have? One is that the department and its employees will know they are being monitored for every penny spent and will be mindful of every expenditure. Two, they then will have to be well organized to keep track of it all. Three, organization will improve their knowledge of both specific projects and the big picture. Four, we get free watchdogs. Citizens, uncompensated for their diligence, will follow the money and catch the mistakes, which is why we need simple math, to encourage watchdogs. Five, we’ll catch more than just money mistakes, because where there are money errors, there are building or other physical errors, so we’ll catch the physical manifestations of the money problem also. The cheap paint will not last. Those foundations will not last because they could not have poured them correctly in the time allotted, or with the materials purchased. Problems will be caught, and corrections and improvements will be made, and finally we will have good standards.

 

an efficient way to report problems and issues; a user friendly way to rate the efficacy of all work done by any recipient of tax dollars; and a streamlined process for correcting problems once discovered:

The Valentine Constitution mandates that our departments allow Our Citizens easy avenues and programs and apps for rating work and for reporting problems and mistakes, and a process which ensures that the problems reported be fixed and the ratings be heeded.


The Valentine Constitution


PREAMBLE

ARTICLE. I.
The RULES of REPRESENTATION

PART. I.CAMPAIGN FINANCING, LOBBYING and CORRUPTION
PART. II. VOTING
PART. III. ELECTIONS
PART. IV. TERMS of OFFICE
PART. V. VACANCIES and ORDER of SUCCESSION
PART. VI. QUALIFICATION, OATH and IMMUNITY

ARTICLE. II.
Our EXECUTIVE BRANCH

CHAPTER. I.
Our FEDERAL EXECUTIVE

PART. I. Our PRESIDENT and VICE PRESIDENT
PART. II. The POWERS and RESPONSIBILITIES of Our PRESIDENT
PART. III. The POWERS and RESPONSIBILITIES of Our VICE PRESIDENT

CHAPTER. II.
Our STATE EXECUTIVE

PART. I. Our GOVERNOR and LIEUTENANT GOVERNOR
PART. II. The POWERS and RESPONSIBILITIES of Our GOVERNORS
PART. III. The POWERS and RESPONSIBILITIES of Our LIEUTENANT GOVERNORS

ARTICLE. III.
Our LEGISLATIVE BRANCH

CHAPTER. I.
Our FEDERAL LEGISLATURES

PART. I. Our BICAMERAL FEDERAL LEGISLATURE
PART. II. Our SENATORS
PART. III. Our REPRESENTATIVES
PART. IV. The POWERS and RESPONSIBILITIES of Our FEDERAL LEGISLATURE

CHAPTER. II.
Our STATE LEGISTATURES

PART. I. Our BICAMERAL STATE LEGISLATURES
PART. II. Our LEGISLATORS
PART. III. Our COUNCILORS
PART. IV. The POWERS and RESPONSIBILITIES of Our STATE LEGISLATURES

CHAPTER. III.
The PROCEEDINGS of Our LEGISLATURES

PART. I. ASSEMBLY
PART. II. BILLS
PART. III. The VETO

ARTICLE. IV.
The DIVISION of POWERS

PART. I. GOVERNANCE
PART. II. FEDERAL RESPONSIBILITIES
PART. III. STATE RESPONSIBLILITIES
PART. IV. Our DEPARTMENTS

ARTICLE. V.
Our JUDICIAL Branch

PART. I. The JUDICIAL BUDGET and COMPENSATION
PART. II. Our JUSTICES
PART. III. STANDING and JURISDICTION
PART. IV. Our COURTS
PART. V. The PROCEEDINGS of Our JUDICIARY

ARTICLE. VI.
Our US ECONOMY

PART. I. A SINGLE BANK
PART. II. A SINGLE TAX
PART. III. Our BUDGET
PART. IV. JOBS, COMPENSATION, MONOPOLIES and DERIVATIVES
PART. V.A FAIR INTERNET MARKETPLACE
PART. VI.STANDARDS

ARTICLE. VII.
Our RIGHTS and RESPONSIBILITIES

PART. I. The RIGHTS and RESPONSIBILITIES of Our CITIZENS
PART. II. Our PUBLIC SCHOOLS shall be FULFILLING
PART. III. Our WATER and FOOD SUPPLY shall be PROTECTED

ARTICLE. VIII.
Our FOREIGN AFFAIRS

PART. I. Our FOREIGN POLICY
PART. II. Our ARMED FORCES

ARTICLE. IX.
OBLIGATIONS


PLEDGE

With a firm reliance on the protection of Divine Providence,

we mutually pledge our Lives, our Fortunes,

and our sacred Honor to each other

and to the passage of this Constitution

for Our United States of America.

SIGNATURES

james valentine