Section 1

Section 1

A. Sovereignty

All political power in the United States comes from the Citizens. Government only exists because the Citizens delegate power to it. They limit what it can do through this Charter. No Office, law, institution, or official is above the Citizens or the law. All government workers answer to them and can be held accountable through lawful means.

The Constitution of 1798 does not forcefully state the principle of popular sovereignty, although it is implicit in the overall tenor of the framework. This, coupled with certain structural deficiencies (difficulty of the amendment process in Article V and the lack of citizen referenda) leaves the sovereignty of the People subservient to that of the State, which is, of course, oxymoronic.

This clause clearly and emphatically affirms the citizenry as the sole source of any legitimate power of the government. This is a deliberate reaffirmation of the Lockean principle that the just powers of government derive exclusively from the consent of the governed.

B. Accountability and Immunity

Government officials and agents can be charged with crimes or sued—unless this Charter clearly protects them. The President, Vice President, and Members of Congress are presumed to have Civil Immunity for actions taken in good faith while doing their jobs. But the Supreme Court can remove that protection if their actions are extreme.

Members of the government are accountable to the people and to the law. Elected officials in the federal government are presumed to have immunity from civil liability for official acts, protecting them from the whims of angry populism. This carveout is intended to provide a measure of independence of action within their official roles. Nonetheless, if a citizen or institution sues, the Supreme Court can lift the immunity for egregious action.

They do not have Criminal Immunity—not even for actions taken as part of their official duties.

Officials of the federal government, regardless of office, can be charged with crimes. This is explicit, and is intended to do two things: 1) permanently end the debate about whether a sitting President may be indicted, and 2) reverse the decision in Trump v. United States, which created a shield around the Presidency that could enable the President to take any and all action, regardless of legality, within the duties of the office, with absolute impunity - a dangerous grant of immunity in any system of government, let alone a democratic one.

Police and law enforcement officers cannot use "Qualified Immunity" as an excuse for doing things a properly trained officer would know they do not have the legal authority to do. The Government must train officers in the Rights of the People before letting them work with the public. Not knowing the law is not an excuse.

Since 1967, the US Supreme Court has gradually established and expanded the doctrine of qualified immunity. At present, it is challenging to deny qualified immunity due to precedents established in case law (see Corbitt v. Vickers, 2019; Jessop v. City of Fresno, 2019; Doe v. Woodward, 2019; and others). While an officer should have the reasonable assurance that they can carry out their duties, they also carry the privilege of using deadly force. That privilege requires that they be circumspect in the execution of their duties. And the granting of that privilege by the State imposes a moral burden on the State to ensure that officers are appropriately and consistently trained in law and the Rights of the People, to prevent abuses from being carried out with impunity. Therefore, it is necessary to end the doctrine of qualified immunity. Indeed, our Republic survived without it until 1967, a compelling argument that it is not needed.

C. Supremacy of Rights

No Right can be taken away or reduced unless this Charter clearly allows it. Any government exercise of power that weakens a protected Right is not valid.

All Rights guaranteed under this Charter apply equally at all levels of government, without exception.

This clause is self-explanatory. It is necessary for much of the legal reasoning found the the remainder of the Charter.

It forms a book-end with Section 1.A. 1.A affirms the sovereignty of the citizens and that government derives its powers exclusively by their delegation of those powers. 1.C affirms that Rights are supreme. Together, these two clauses reaffirm that "all...are created equal, that they are endowed...with certain unalienable Rights....That to secure these rights, Governments are instituted...deriving their just powers from the consent of the governed." (Declaration of Independence, United States 1776)

No emergency can justify reduction, elimination, or suspension of Rights, even on a temporary basis.

If consent of the governed is the source of government power, then government cannot remove Rights from the governed under the pretext of an emergency.