State of New Columbia:
http://dccode.westgroup.com/home/dccodes/default.wl
(Enacted 1987)
What is so fascinating is that there is a
Constitution, both "of" and "for" the State of New
Columbia. So how did the seat of the federal government,
the District of Columbia, get ceded as a trust territory
of the United Nations, and now reorganized as a separate
State with a Governor, legislative and judicial branch?
§ 101. Freedom of religion, of speech, and of the press. § 102. Right to keep and bear arms. § 103. Quartering of soldiers. § 104. Security from unwarrantable search and seizure. § 105. Rights of accused in criminal proceedings. § 106. Right to speedy trial, witnesses, etc. § 107. Trial by jury in civil cases. § 108. Bails, fines, punishments. § 109. Reservation of rights of the people. § 110. Equal protection. § 201. Legislative power. § 202. Constitution amending procedure. § 301. Creation and membership. § 302. Qualifications for holding office. § 303. Compensation. § 304. Powers of the House of Delegates. § 305. The President of the House of Delegates. § 306. Acts; resolutions; requirements for quorum. § 307. Investigations by the House of Delegates. § 308. Limitations on the House of Delegates. § 309. House of Delegates authority over elections. § 401. Election; qualification; vacancy; compensation. § 402. Powers and duties. § 403. State planning. § 404. Establishment of the Office of Attorney General. § 501. Judicial powers. § 502. Removal; suspension; involuntary retirement. § 503. Nomination and appointment of judges. § 504. State of New Columbia Judicial Nomination Commission. § 601. Fiscal year. § 602. Submission of annual budget. § 603. Multiyear plan. § 604. Multiyear capital improvements plan. § 605. State of New Columbia courts' budget. § 606. Adoption of budget by House of Delegates. § 607. Consistency of budget, accounting, and personnel systems. § 608. Financial duties of the Governor. § 609. Accounting supervision and control. § 610. General and special funds. § 611. Contracts extending beyond one year. § 612. Annual budget for the Board of Education. § 613. State of New Columbia Auditor. § 701. State of New Columbia's authority to issue and redeem general obligation bonds for capital projects. § 702. Contents of borrowing legislation and elections on issuing general obligation bonds. § 703. Publication of borrowing legislation. § 704. Short period of limitation. § 705. Issuance of general obligation bonds. § 706. Public or private sale. § 707. Authority to create security interests in State of New Columbia revenues. § 708. Borrowing to meet appropriations. § 709. Borrowing in anticipation of revenues. § 710. Notes redeemable prior to maturity. § 711. Sales of notes. § 712. Special tax. § 713. Full faith and credit of State of New Columbia pledged. § 714. Payment of the general obligation bonds and notes. § 715. Tax exemption. § 716. Legal investment. § 717. Financing of State of New Columbia contributions by general obligation bonds. § 718. Revenue bonds and other obligations. § 719. Limitations on borrowing and spending.
§ 801. Board of Elections and Ethics. § 802. Zoning Commission. § 803. Public Service Commission. § 804. Armory Board. § 805. Board of Education. § 901. Definitions. § 902. Process. § 903. Submission of measure at election. § 904. Rejection of measure. § 905. Approval of measure. § 906. Short title and summary. § 907. "Recall" defined. § 908. Process. § 909. Time limits on initiation of process. § 910. When official removed; filling of vacancies. § 1001. Advisory neighborhood commissions. § 1002. Agreements. § 1003. Contract authority of Governor regarding costs of Potomac River reservoir; contract payments; appropriations. § 1004. Open meetings. § 1101. Transfer of the offices of members of the Council of the District of Columbia, Chairman of the Council of the District of Columbia, and Mayor of the District of Columbia. § 1102. Continuation of State of New Columbia court system. § 1103. Continuation of Board of Education. § 1104. Pending actions and proceedings. § 1105. Laws in force. § 1106. Personnel rights. § 1107. Debts; assets; records. § 1108. Residency and qualifications. § 1109. Adjustments. § 1110. Voting rights. § 1201. Construction of constitution. Historical Notes Legislative history of Law 7-8. -- Law 7-8 was introduced in Council and assigned Bill No. 7-154, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 14, 1987 and May 5, 1987, respectively. Signed by the Mayor on May 6, 1987, it was assigned Act No. 7-19 and transmitted to both Houses of Congress for its review.
PREAMBLE
This constitution, to be known as the Constitution for the State of New Columbia, shall establish the means of governance of the State of New Columbia. HISTORY OF DC CODE New Columbia Constitution Enacted 1987.
Who is the Governor?
Who is the Attorney General? Who is the
Marshal?
Who comprises the House of Delegates?
State of New Columbia Court of Appeals and the
Superior Court.
The Superior Court has no jurisdiction over any civil or criminal matter over which a United States court has exclusive jurisdiction pursuant to an Act of Congress.
Who is the Chief Judge? They must be a citizen of
the United States and bonified resident.
Constitution of the State of New
Columbia: http://dccode.westgroup.com/toc/default.wl?ofindtype=V&odocname=DC&findtype=X&odb= DC%2DST%2DWEB%3BSTADC&vr=2%2E0&docname=DC010463193&db=DC%2DTOC%2D WEB%3BSTADCTOC&rs=WLW2%2E07
District of Columbia Code:
http://dccode.westgroup.com/toc/default.wl?RLT=CLID%5FTOCRLT1554122&oFindType= V&oDocName=DC&oDB=DC%2DST%2DWEB%3BSTADC&DocName=DC&FindType=X&DB= DC-TOC-WEB%3BSTADCTOC&RS=WLW2%2E07&VR=2%2E0
(Enacted 1987)
Article I. Bill of Rights (Section 1 -
24) Section 1. Freedom of Association, Assembly, Expression, and Petition.
Freedom of association, assembly, press, speech, and other forms of expression, and petition for redress of grievances shall not be abridged. Section 2. Freedom of Religion.
The State shall establish no religion nor interfere with the free exercise HISTORY
OF DC CODE Article I. Bill of Rights TEXT --
thereof. No person shall be denied any right or privilege because of religious belief or the exercise thereof. Section 3. Freedom from Discrimination.
Every person shall have a fundamental right to the equal protection of the law and to be free from historic group discrimination, public or private, based on race, color, religion, creed, citizenship, national origin, sex, sexual orientation, poverty, or parentage. Affirmative action to correct consequences of past discrimination against women, and against racial and national minorities, shall be lawful.
Persons with disabilities shall have the right to be treated as equal community members and the right to services as defined by law provided in a way that promotes dignity and independence and full community participation. Youth and seniors shall have the right to the enjoyment of health and well- being and to the services as provided by law necessary for their development and welfare. No adult shall be discriminated against in housing or employment on the basis of age, except that services limited to senior citizens may be provided. It shall be unlawful to commit or incite acts of violence against persons or property based on race, color, religion, creed, national origin, sex, or sexual orientation. Equality of rights under the law shall not be denied or abridged in the State or any of its subdivisions because of sex. This section shall be self-executing and shall be enforced by appropriate legislation. Section 4. Privacy. The right of the individual to decide whether to procreate or to bear a child is inviolable, as is the right to noncommercial private, consensual, sexual behavior of adults. Those who exercise or advocate these rights have, in addition, the right to be free from all forms of discrimination. Political surveillance is contrary to democratic principles. Therefore, unless relevant for prosecution of past, present, or imminent crime, information on any person's exercise of freedom of religion, expression, association, assembly, or petition for redress of grievances, shall not be collected surreptitiously under color of law. Individual privacy with respect to personal bank accounts, health, academic, employment, communications, and similar records, the disclosure of which would constitute an invasion of the privacy of the individual concerned, is a right, the protection of which shall be provided by law. However, the name, salary, and place of employment of each employee of the State and of any of its agencies or local government units is a matter of public record and shall be available to the public. Section 5. Due Process. The State shall not deprive any person of life, liberty, or property without due process of law. The right of all persons to fair and just treatment in the course of legislative and executive investigations shall not be abridged. Section 6. Searches and Seizures. Privacy is a fundamental right. Therefore, the people shall be free from unreasonable searches and seizures of their persons, homes, businesses, vehicles, papers, and effects. This right extends to all places and for all circumstances in which the individual has a reasonable expectation of privacy. The fruits of unlawful intrusions, including intrusions by private persons, shall not be used by the State for any purpose in any judicial or administrative proceeding against any individual, whether or not the individual was the target of an unlawful search or seizure, and whether or not the expectation of privacy of that individual was violated. No search will ensue except under the authority of a valid warrant issued by a judicial officer; such warrant shall be issued only upon probable cause and must be supported by oath or affirmation describing with particularity the place to be searched and the persons or items to be seized. This Section does not preclude warrantless searches or seizures in the following circumstances: searches incident to a valid arrest; exigent circumstances under which officials conducting the search or seizure have no time to secure a warrant; inadvertent discovery of illegal material pursuant to the execution of a valid search warrant; searches and seizures conducted at international borders or their functional equivalent; administrative searches of pervasively regulated businesses pursuant to a general plan; and searches upon the consent of the individual who is the subject of the search or seizure, provided that the individual had been fully informed of the right to withhold consent, and no other exception to this Section is present. The official conducting the search bears the burden of proving fully informed consent. The right to be secure against unreasonable interception of telephonic, telegraphic, electronic, and other forms of communication and against unreasonable interception of oral and other communications by electronic methods shall not be violated. No such interception shall occur except following issuance of a warrant. No orders or warrants for such interceptions shall be issued but upon probable cause supported by oath or affirmation that evidence of crime may be thus obtained, and particularly identifying the means of communication and the person or persons whose communications are to be intercepted. Evidence obtained in violation of this paragraph shall not be admissible in any court against any person. Section 7. Rights of Arrestees and Defendants. In all criminal matters, all persons have the right to the assistance of competent counsel from commencement of a custodial interrogation, during trial and appeal, and whenever they are subject to a deprivation of liberty. When arrested they shall be informed of their right to consult with counsel. Persons charged with a crime have the right to receive an explicit statement of the nature and cause of the accusation, to the discovery of all evidence possessed by the State, and to the presumption of innocence until proven guilty beyond a reasonable doubt. Convicted persons shall have the right to judicial review. Section 8. Grand Jury. All persons have the right to be free from unwarranted or arbitrary prosecutions. The grand jury shall not engage in fishing expeditions. Grand jury indictments are required for all offenses carrying authorized prison sentences of one year or more. Grand jurors shall be drawn from a cross-section of the community. All grand jury witnesses shall have the right to assistance and presence of counsel, to be informed of the privilege against self- incrimination, and to be advised if they are, or may become, targets of prosecution. Criminal defendants are entitled to grand jury transcripts in a timely fashion.
The grand jury shall appoint and the State shall pay non-governmental counsel for independent advice. Indictments shall be issued only on probable cause and shall, upon motion, be dismissed for violations of this Section.
The House of Delegates shall determine the manner of grand jury selection and operation. Section 9. Bail. The sole purpose of bail is to assure the presence of the accused at trial. Bail shall not be excessive and may take the form of a cash or property guarantee. Section 10. Trial by Jury. Every person accused of a criminal offense is guaranteed the right to: a speedy, public, and fair trial; compulsory attendance of witnesses; confrontation with adversary witnesses; and trial by a jury of 12 persons. Conviction may be based only upon a unanimous jury verdict finding the accused guilty beyond a reasonable doubt. Section 11. Punishment. The State shall not require excessive fines, nor impose cruel, corporal, or unusual punishment, or sentence of death. Penal administration shall be based upon the principle of reformation with the objective of restoring the offender to a useful role in community life. Convicted persons shall not be denied any rights specified in this Constitution except as shall be reasonably necessary for the security of a penal institution or the State and its citizens. Section 12. Imprisonment for Debt. No person shall be imprisoned for inability to pay a debt. Section 13. Double Jeopardy. No person shall be tried more than once for the same offense; further, the State shall try in a single trial all charges, actual and potential, arising from the same facts and circumstances. Trial of a person for an offense in any jurisdiction of the United States and subsequent trial under the jurisdiction of the State for the same offense based on the same set of facts and circumstances shall constitute double jeopardy under this Section. Section 14. Bills of Attainder and Ex Post Facto Laws. Bills of attainder and ex post facto laws are prohibited. Section 15. Habeas Corpus. The writ of habeas corpus shall be available promptly at all times, successively, and without limit in all cases of unlawful detention, conviction, or sentencing, whether or not the petitioner is in custody. Section 16. Abolition of Common Law Criminal Offenses. Every crime shall be defined with specificity in a statute enacted by the House of Delegates, and no person shall be accused, arrested, tried, or convicted for any act not expressly defined as an offense by such statute. This Section shall take effect after the expiration of a time period to be specified by law. Section 17. Abolition of Sovereign Immunity. Unless otherwise provided in this Constitution, the State and any of its subordinate levels of government, and any branch, agency and office thereof, and any officer or agent thereof in both official and personal capacity, shall be amenable to suit and liability in the courts of this State or of the United States, with respect to official acts both of commission and omission, including the failure, inability, or refusal by law enforcement agencies of the State to provide reasonable protection to individuals from crimes of violence; except that, no judge of any court may be sued with respect to a decision rendered in any case, but may be questioned and required to testify as to issuance of any warrant. Section 18. Slavery and Involuntary Servitude. Slavery and involuntary servitude are prohibited. Section 19. Civil Suits. The right to a jury trial in a civil suit shall remain inviolate. The House of Delegates shall assure access to courts for those litigants unable to pay. Court costs shall not be required of any litigant unable to pay. Section 20. Right to Employment. Every person shall have the right to employment, or if unable to work, an income sufficient to meet basic human needs. Section 21. Equal Pay. All employees shall be guaranteed equal pay for equal work and equal pay for comparable work. Section 22. The Right to Change. The State with its institutions belongs to the people who inhabit it. Whenever a government fails to serve its people, they may exercise their inalienable right to alter, reform, or abolish it. Section 23. Unenumerated Rights. The enumeration in this Constitution of certain rights possessed by the individual or limitations upon the government shall not be construed to disparage nor deny other rights or limitations not enumerated. Section 24. Self-Execution. All Sections of this Article shall be self-executing. HISTORY OF DC CODE Article I. Bill of Rights
Copr. (C) West 2002 No Claim to Orig. U.S. Govt.
Works
Constitution for the State of New
Columbia: http://dccode.westgroup.com/toc/default.wl?RLT=CLID%5FTOCRLT1554122&oFindType= V&oDocName=DC&oDB=DC%2DST%2DWEB%3BSTADC&DocName=DC010463194&FindType= X&DB=DC-TOC-WEB%3BSTADCTOC&RS=WLW2%2E07&VR=2%2E0
Article I. - Article XII
Article I. Bill of Rights (Section 101 -
110)
Sec. 101. Freedom of religion, of speech, and of the press. The State of New Columbia shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Sec. 102. Right to keep and bear arms. A well regulated militia being necessary to the security of a free State, the HISTORY
OF DC CODE Article I. Bill of Rights TEXT --
right of the people to keep and bear arms, shall not be infringed. Sec. 103. Quartering of soldiers. No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Sec. 104. Security from unwarrantable search and seizure. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Sec. 105. Rights of accused in criminal proceedings. No person shall be held to answer for a felony offense, unless on a presentment or indictment of a grand jury; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself or herself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. Sec. 106. Right to speedy trial, witnesses, etc. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him or her; to have compulsory process for obtaining witnesses in his or her favor, and to have the assistance of counsel for his or her defense. Sec. 107. Trial by jury in civil cases. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the State of New Columbia, than according to the rules of the common law. Sec. 108. Bails, fines, punishments. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. Sec. 109. Reservation of rights of the people. The enumeration in this constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Sec. 110. Equal protection. The State of New Columbia shall not deny to any person within its jurisdiction the equal protection of the law. HISTORY OF DC CODE Article I. Bill of Rights |