Sovereign Amonsoquath Band of Cherokee

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CONSTITUTION


SOVEREIGN AMONSOQUATH NATION


WE, THE PEOPLE OF THE SOVEREIGN  

AMONSOQUATH NATION or Representative Council, in order to preserve and _______

our ancient tribal culture and maintain a desirable measure of prosperity,

insure peace and tranquility among our brothers and sisters, and to secure to

ourselves and our posterity the blessings of freedom and liberty, achnowledging,

with humility and gratitude the goodnes of the Sovereign Ruler of the Universe

on permitting us to partake of his bounty as set before us, and imploring His

(help?) and guidance in it's accomplishment, do ordain and establish this

Constitution for the government of this Sovereign Free Independent Indian Nation

as the supreme law of the land to which all citizens are bound by honor and with

a pledge of allegience to preserve, protect and defend this Nation with all

their being so long as the grass grows, the water flows and the wind blows.

ARTICLE I

We, The People of the Sovereign Amonsoquath Nation, determined to

reafirm fain in fundamental human rights and freedom of all indigenous people,

in the dignity and worth of the_______ person, in equal rights of all men and

women and of all nations large and small, and to establish conditions under

which justice and respect for obligations arising from treaties and other

sources of international law can be maintained, andto promote social progress

and better standards of life in greater freedom, AND FOR THESE ENDS to practice

tolerance and live together in peace with one another as good neighbors, and to

unite our strength to maintain international peace, and security and to ensure,

by the acceptance of principals and the institution of methods, that armed force

shall not be used, save in the common interest, and to employ international

machinery for the promotion of the economic and social advancement of all

peoples, and to preserve the dignity and human rights of the North American

Indian of which they have been historically deprived, and to promote the

political, social and economic well-being of all indigenous North American

Indians, and to create and establish an economically vialble homeland for all

indigenous Indians of the North, Central and South American Continents, distinct

and separate from and independent of the dominion and control of all

reservations and other governments save and except (accept?) free sovereign

Indian self rule.

ARTICLE II

We, The People Of The Sovereign Amonsoquath Nation,

recognizing that the individal is the foundation of culture, society and of the

nation, and whereas it is a fundamental right of all individuals to practice and

perpetuate the indigenous culture, society and nation unto which he is born, do

hereby resolve that Sovereign Amonsoquath Nation, shall make no laws or have no

laws that prohibit or abridge a citizen's right: *** to be gaurenteed the

greated degree of personal freedom through a Republican form of limited

government with free elections *** to have the provisions for initiative,

referendum, and ________ to this Constitution *** to freely exercise one's

religion in public or private *** to have free and unabridged speech and press

*** to keep and bear large and small Arms and to protect one's self and

property *** to be secure in one's person, dwellings, papers and effects against

unreasonable search and seizure, and that no warrents shall issue, except upon

probable cause, supported by Oath or Affirmation, and describing the place to be

searched, and the persons or things to be seized *** to refuse to provide

testimony against one's self or being compelled to be a witness against one's

self in any civil or criminal case *** to be deprived of life, liberty or

property, without due process of law *** to refuse to yield one's own personal

property for the public good and use, without the owners just consent and being

justly compensated therefore *** to have a speedy trial by a jury of one's

fellow men or to be guaranteed that one will not be placed twice in jeopardy of

life or limb for the same offense *** to be free from laws impairing contracts

or that are retroactive, unequally applied, or non uniform laws *** to be free

from all forms of direct taxation to include personal income, business income

and inheritance *** to have any thing except gold and silver coin tender in

payment of debts public and private ... to have any information pertaining to

one's private business or personal affairs disclosed by any person within the

government or it's agencies without one's consent *** to be guaranteed that all

power which iw not specifically delegated to the government or prohibited

thereto shall invioable rest with the people.ARTICLE III The power of this

government is adminsitered by a tripartite Governing Council which shall be

composed of the Principal Chief, the Elders, and the General Council.ARTICLE IV.

Notwithstanding the provisions of Article III., The Governing Council of the

Sovereign Amonsoquath Nation reserve to themselves the power to propose laws or

amendments to this Constitution as so brought before them or the Senate of Law

by the Citizens of this Nation through petition, initiative or referendum.

ARTICLE V.

The Sovereign Amonsoquath Nation, Governing Council affirmed and aided

by the Senate insure that all such persons within the government are duly and

truly prepared, worthy and well qualified and acknowledge the existence of the

Great Spirit and the future state of reward or punishment subject to His divine

providence, and swearing to protect and defend this constitution while in office

and as a citizen, shall have the complete and unencumbered authority to make for

it's citizens, except where so prohibited, all laws necessary and proper to

promote, establish, regulate, insure, administer and provide for the following,

but not limited thereto: the common defense, the general welfare, the economic

well- being, the domestic tranquility, to uphold justice, and secure the

blessings of fundamental freedom and sovereign equality for all people of the

Sovereign Amonsoquath Nation.ARTICLE VI.The powers of the Chief: (a) shall be

as the president of the Nation and shall be perpetual (b) shall have the

power to name his successor (c) shall have the power to break all tie votes of

the Elders at his discretion or demand a unamimous voteARTICLE VII.The

powers of the Elders: (a) shall be a minimum age of 45 years old (b) shall be

perpetual in term (c) shall be elected by the General Council MembersARTICLE

VIII.The council well act as the Senate: (a) shall be of perpetual duration (b)

shall be of the minimum age of 35 years old (c) all recommendations of the

Council shall be made to the Elders by majority vote (d) shall be elected

by a vote of the general population of this NationARTICLE IX. The Nation's

Justice Systems shall be made up of three judges. The judges will be elected by

the people. Term of office will be for four (4) years. The judges shall have

the power to appoint marshalls to enforce the laws of the Nation. The judges

shall have the power to levy fines in accordence with the laws of the Nation.

The judges shall have subject matter as well as personal jurisdiction in all

matters brought before the courts.ARTICLE X.THE UNIVERSAL DECLARATION OF HUMAN

RIGHTS as Adopted l0 December l948 by the United Nations, General Assembly shall

be adopted in it's entirety. THE DECLARATION OF PRINCIPLES FOR THE DEFENSE OF

THE INDIGENOUS NATIONS AND PEOPLES OF THE WESTERN HEMISPHERE shall be adopted in

it's entirety. ALL PERSONS OF THIS NATION WHO HAVE REACHED THE AGE OF EIGHTEEN

(18) SHALL HAVE THE RIGHT TO VOTE IN ALL ELECTIONS WITHIN THIS NATION. ALL

PERSONS SHALL HAVE PROTECTION OF RELIGIOUS FREEDOM, AND CULTURAL RESOURCES. BE

IT RESOLVED, that, being at one with the universe,...this Governemting Council

meeting, of the Sovereign Amonsoquath Nation, held this day of 18 November 1993,

unanimously agree to accept and ratify this constitution as the Supreme Law of

the Sovereign Amonsoquath Nation.

SIGNATOR BLOCKS


APPENDIX A UNIVERSAL

DECLARATION OF HUMAN RIGHTS (Adopted 10 December 1948, United Nations,

General Assembly)Preamble: Whereas, recognition of the inherent dignity and of

the equal and inalienable rights of all members of the human family is the

foundation of freedom, justice and peace in the world, Whereas, disregard and

contempt for human rights have resulted in barbarous acts which have outraged

the conscience of mankind, and advent of a world in which human beings shall

enjoy freedom of speech and belief and freedome from fear and want has been

proclaimed as the ___________ aspiration of the common people, Where it is

essential, if man is not to be compelled to have recourse, as a last resort, to

rebellion against tyranny and oppression, the human rights should be protected

by rule of law. Whereas, it is essential to promote the development of friendly

relations between nations, Whereas, the peoples of the United Nations have in

the Charter reaffirmed that with ____ ____________ human rights in the dignity

and worth of the human person and in the equal rights of men and women and have

determined to promote social progress and better standards of life in [larger

(???)] freedom, Whereas, Member States have pledged themselves to achieve, in

co-operation with the United Nations, the promotion of universal respect for and

observance of human rights and fundamental freedoms, Whereas, a common

understanding of these rights and freedoms is of the greatest importance for the

full realization of this pledge. Now, therfore, THE GENERAL ASSEMBLY proclaims

this UNIVERSAL DECLARATION OF HUMAN RIGHTSas a common standard of

achievement for all peoples and all nations, to the end that every individual

and every organ of society, keeping this Declaration constantly in mind, shall

strive by teaching and education to promote respect for these rights and

freedoms and by progressive measures, national __________ to secure their

universal and effective recognition and observance, both among the peoples of

the Member States themselves and among the peoples of territory under their

jurisdiction. Article l All human beings are born free and equal in dignity

and rights. They are endowed with reason and conscience and should act towards

one another in a spirit of brotherhood.

Article 2

Everyone is entitled to

all the rights and freedoms set forth in this Declaration, without distinction

of any kind, such as race, color, sex, language, religion, political or other

opinioon, national or social origin, property, birth or other status.

Furthermore, no distinction shall be made on the basis of the political

____________ or international status of the country or territory to which a

person belongs, whether it be independent, trust, non self governing, or under

any other limitation of sovereignty.

Article 3 Everyone has the right to

life, liberty and the security of person.

Article 4

No one shall be held in

slavery or servitude, slavery and the slave trade shall be prohibited in all

___________.

Article 5

No one shall be subjected to torture or to cruel,

inhumane or degrading treatment or punishment.

Article 6

Everyone has the

right to [recognition / negotiation (?)] before the law.

Article 7

All are

equal before the law and are entitled without any (?) discrimination to equal

protection of the law. All are entitled to equal protection against any

discrimination in violation of this Declaration and against any incitement to

such discrimination.

Article 8

Everyone has the right to an effective remedy

by the competent national tribunals for acts ____________ the fundamental right

granted by the constitution or by law.

Article 9

No one shall be subjected

to arbitrary arrest, detention, or exile.

Article l0

Everyone is entitled to

full equality in a fair and public hearing by an independent and impartial

tribunal, in the determination of his rights and obligations and of any criminal

charge against him.

Article ll

(l) Everyone charged with a penal offense has

the right to be presumed innocent until proved guilty according to law in a

public trial which he has all the _________ necessary for his defense. (2) No

one shall be held guilty of any penal offense on account of any act or omission

which did not constitute a penal offense, under national or international law

at time which it was committed. Nor shall a heavier penalty be imposed than

the one that was appreciable at the time of the penal offense was committed.

Article l2

No one shall be subject to arbitraty interference with his

privacy, family, home or correspondence nor of attacks on his honor or

reputation. Everyone has the right to the protection of the law against such

interference or attacks.

Article 13

(1) Everyone has the right to freedome

and movement and residence within the borders of each state. (2) Everyone has

the right to leave any country, including his own, and to return to his

country.

Article 14

(1) Everyone has the right to seek and to enjoy in other

countries asylum from persecution. (2) This right may not be invoked in the

case of prosecutions __________ _______ from nonpolitical crimes or from acts

contrary to the purposes and principles of the United Nations.

Article 15

(1) Everyone has the right to a nationality. (2) No one shall be arbitrarily

deprived of his nationality nor denied the right to change his nationality.

Article 16

(1) Men and women of full age, without any insinuations due to

race nationality, or religion have the right to marry and to found a family.

They are entitled to equal rights as to marriage and to its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the

intended spouses. (3) The family is the natural and fundamental group unit of

society and is entitled to protection by society and the State.

Article 17

(1) Everyone has the right to own property alone as well as in association

with others. (2) No one shall be arbitarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and

religion. This right includes freedom to change his religion or belief, and

freedom, either alone or in community with others, and in public or private, to

manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression,

this right includes freedom to hold opinions without interference and to seek,

receive and impart information and ideas through any media and regardless of

frontiers.

Article 20

(1) Everyone has the right to freedom of peaceful

assembly and association (2) No one may be compelled to belong to an

association.

Article 21

(1) Everyone has the right to take part in the

government of his country, directly or though freely chosen representatives.

(2) Everyone hase the right to equal access to public services in his country.

(3) The will of the people shall be the basis of the authority of government,

this will shall be by universal and equal suffrage and shall be held by secret

vote or by equivelent free voting procedures.

Article 22

Everyone, as a

member of society, has the right to social security and is entitled to

realization through national effort and international co-operation and in

accordance with the organization and resources of each State, of the economic,

social and cultural rights indispensible for his dignity and free development of

his personality.

Article 23

(1) Everyone has the right to work, to free

choice of employment, to just and favorable conditions of work and to

protection against unemployment. (2) Everyone, without any discrimination, has

the right to equal pay for equal work. (3) Everyone who works has the right to

just and favorable remuneration ensuring for himself and his family an

existence worthy of human dignity, and supplemented, if necessary by other

means of social protection. (4) Everyone has the right to form and to join trade

unions for the protection of his interest.

Article 24

(1) Everyone has the

right to a standard of living adequate for the health and well-being of himself

and of his family, including food, clothing, housing and medical care and

necessary social services, and the right to security in the event of

unemployment, sickness, disability, widowhood, old age or other lack of

livelihood in circumstances beyond his control. (2) Motherhood and childhood

are entitled to special care and assistance. All children are entitled to

special care and assistance. All children, whether born in or out of wedlock,

shall enjoy the same social protection

NOTE: THERE IS NO ARTICLE NUMBERED 25

____________________________

*******************

Article 26 (1) Everyone

has the right to education. Education shall be free, at least in the

elementary and fundamental stages. Elementary education shall be compulsory.

Technical and professional education shall be made generally available and

higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human

personality and to the strengthening of respect for human rights and

fundamental freedoms. It shall promote understanding, tolerance and friendship

among all nations, racial or religious groups, and shall further the

acitivities of the United Nations for the maintenance of peace.

Article 27

(1) Everyone has the right freely to participate in the cultural life of the

community, to enjoy the arts and to shar in scientific advancement and it's

benefits. (2) Everyone has the right to the protection of the moral and

material interest resulting from any scientific, literacy or artistic

production of which he is the author.

Article 28

Everyone is entitled to a

social and international order in which the rights and freedoms set forth in

this Declaration can be fully realized.

Article 29

(1) Everyone has duties

to the community in which ______ the free and full development of his

personality is possible. (2) In the exercise of his rights and freedoms,

everyone shall be subject only to such limitaions as are determined by law,

soley for the rights and freedoms of others and of meeting the just requirement

of morality, public order and the general welfare of a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the

purposes and principals of the United Nations.

Article 30

Nothing in this

Declaration may be interpreted as implying forany State, group or person any

right to engage in any activity or to perform any act aimed at the destruction

of any of the rights and freedoms set forth herein.

**** As adopted on l0

December 1948 by the United Nations, General Assembly and proclaimed the

Universal Declaration of Human Rights.

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