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Chapter 3b: Article 3 - The Executive

Article Three

Section 1
The executive power shall be vested in a President and Vice President of the Confederation of Free States. The terms of the President and Vice President shall be congruent, and shall begin on January 20 following their election, and shall expire in 4 years. Before taking office, the President to be shall state: "I do solemnly affirm that I will faithfully execute the office of President of the Confederation of Free States, and will do my best to preserve, protect, and defend the Constitution of the Confederation of Free States".

Section 2
Not more than six months and not less than five months prior to the date that the terms of the President and Vice President shall expire, Congress shall jointly nominate a candidate for President in the following manner: Each State shall have 3 votes, one from each Senator and one from the combined vote of its House Delegation. To be nominated, the candidate must receive a majority of votes if they are a member of Congress or the incumbent President, or a two-thirds majority if they are not a member of Congress. The procedure shall then be repeated in the same manner for the Vice President candidates. Once both President and Vice President are nominated, within forty-five days the registered voters of the Confederation of Free States shall vote yes or no for each nominee, and if the majority is yes, the nominee shall take office upon the expiration of the term of the current executive, but if the majority is no, the nominee shall not take office and shall be ineligible to be a nominee again for four years. If the majority is no, the Congress shall repeat the process for a new nominee. In the event that no new President or Vice President has been elected by the end of the term of the current executives, they shall remain in their offices until the people have approved by majority vote new executives.

Section 3
Qualifications for the office of President or Vice President shall be as follows: they shall have reached the age of thrity-five years, and shall have been a citizen of the Confederation of Free States for at least twenty-one years. They shall not have previously served in the office which they seek for a time greater than or equal to two terms or eight years, except for such time as necessary if a successor has not been approved by the registered voters.

Section 4
The President and Vice President shall receive for their services compensation as prescribed by Congress, but in no case shall it be increased or diminished for anyone in office at the time of such change.

Section 5
The President shall be Commander-in-Chief of the armed forces. But the President will not have the power to engage in acts of war or battle without a Declaration of War by Congress, unless the Confederation of Free States is actually invaded or in such imminent danger of invasion that delay would present a danger to its residents. The President shall have power, with the advice and consent of the Senate, to make treaties consistent with this Constitution, nominate Supreme Court judges and judges of lower Federal courts, Department heads of the Executive branch, and ambassadors. The President shall have the power to appointment inferior officers, or to delegate the power to appoint to Department heads. The President shall be responsible for executing the laws of the Confederation of Free States, and for directing the policies of all Departments of the Executive branch.

Section 6
The President, Vice President, and all officers of the Confederation of Free States shall be removed from office upon impeachment and conviction of treason, bribery, or other serious crimes.

Section 7
In the event that the President is unable to perform the office of President, due to health, disability, or removal from office, the Vice President shall assume the powers of President, and if the inability is permanent, shall become the President. In the event the President is unable to voluntarily acknowledge such disability not due to death or removal from office, a vote by a four-fifths majority of all those elected in each of the House of Representatives and the Senate shall be sufficient.

In the event of a vacancy in the office of Vice-President, the Senate shall choose from amongst themselves a replacement who shall be the one receiving a majority of votes. If no one receives a majority, then another vote shall be taken by choosing among all of those receiving votes in the previous ballot, excepting the one or ones with the least number of votes. If only two are remaining and there still be no majority, a vote shall be taken in the House of Representatives to determine between the two remaining candidates. If still no majority exists, the Chief Justice of the Supreme Court shall choose between the two.

In the event that the President and Vice-President are both unable to perform the duties of President, the Speaker of the House of Representatives shall assume the duties of President, and shall be sworn in as such if the disabilities are permanent. In the event that the Speaker of the House is unable to assume the duties of President, the House of Representatives shall select a new Speaker in the manner prescribed.

Section 8
The Executive Branch shall include:

The Department of State, which shall be responsible for diplomacy with foreign nations;
The Department of Defense, which shall be responsible for the military defense of the nation;
The Department of Treasury, which shall be responsible for the receipts and disbursements of Federal funds as directed by Congress;
The Department of Justice, which shall be responsible for enforcement of all laws enacted by Congress consistent with this Constitution;
The Department of Commerce, which shall be responsible for creating currency or credit upon application from the prospective owners of new construction on real property;
Any other Departments created by the Senate.

The Senate shall have the power to eliminate any Department that it creates, but shall not have the power to eliminate the five Departments created by this Constitution.

Section 9
The Department of State shall have the power to negotiate treaties with foreign nations to conclude war, to facilitate extradition of individuals accused of crimes, to issue passports to citizens, to issue visas to non-residents, and to represent citizens abroad to foreign governments. No branch of the Federal government shall have the power to negotiate or confirm treaties with foreign nations which form any kind of military alliance, any kind of economic agreement, or any kind of economic aid except for military aid if both nations are at war with a common enemy.

Section 10
The Department of Defense shall have the power to organize the armed forces and collect information on foreign nations. No branch of the Federal government shall have the power to interfere in the internal affairs of foreign nations, nor to initiate acts of violence, nor to subsidize factions. Any government employee or official who performs these acts or causes these acts to be performed shall be subject to criminal prosecution.

Section 11
The Department of Commerce shall have the power to create currency or credit whenever an individual or other entity makes an application for a mortgage to purchase any new construction on real property. The mortgage shall be interest free and repaid to the Treasury Department in monthly installments not to exceed ten years. Applicants must be credit worthy and the mortgage shall not exceed the appraised value of the property.

The Department of Commerce shall have the power to charter corporations for the public benefit provided applicant corporations agree to refrain from eroding the life giving qualities of the air, water, and earth. Federal or State corporations shall be partitioned upon obtaining more than 30% of market share.

Section 12
The Department of Treasury shall issue a new Federal Dollar, interest free, backed by specific hard assets that exist within the Confederation of Free States, including gold, silver, nickel, copper and real estate. All Federal Reserve Notes, including those existing in banks as depositor accounts and all elements of the M3 money supply, may be traded in for an equal number of the new Confederation of Free States Dollar. Existing bank notes and mortgages of the Federal Reserve System may be traded in for 5% of their balance for new Confederation of Free States Dollars. Notes and mortgages created by banks of the Federal Reserve System shall not be deemed owed to the banks since they are fraudulent. Banks of the Federal Reserve System shall have 1 year to trade in mortgages created by fractional reserve banking, after which time the judiciary shall not honor them as valid. The traded in mortgages shall back the new Confederation of Free States Dollar. The mortgagor shall henceforth pay the balance to the Department of Treasury in monthly installments interest free.

The Treasury Department shall use the installments paid by mortgagors to pay those receiving Entitlement programs by the previous government, and on a prorated basis for those who have paid into those programs but have not yet begun to receive them, and other government expenses authorized by Congress.

Chapter 3c



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