Summary:
The ultimate purpose of this proposed Ohio Sovereignty Amendment is to peacefully reclaim our constitutional heritage and mandate that government maintain its integrity within the narrow parameters of our state and federal Constitutions. To assure governmental compliance, we hereby invoke the rule of law and mechanisms of government to exercise the sovereign powers of Ohio Citizens over the state of Ohio and the sovereignty of Ohio, as an independent nation state within the federal Union, over the government of the United States. This proposed amendment is designed to render null and void and unenforceable all unlawful or unauthorized usurpations of power and interference by the governments of Ohio and of the United States against the people in Ohio, and to establish new protections for the people’s happiness and prosperity through the continued success of our duly established system of government, as was originally intended.
Section 1
of this amendment sets forth the Foundation of Sovereign Powers, and:
(A)
expressly declares that the Ohio Constitution represents the voice and will of Ohio Citizens and is the fundamental controlling instrument over Ohio government. The Constitution is the source of all governmental powers and authorities. It secures the Rights and Liberties of individuals and is binding on all public servants. Its intentions are to minimize governmental interference in the exercise of the people’s Rights and Liberties, to mandate state protection of said Rights and Liberties, and to mandate that Ohio government operates to assure the best interests of Ohio Citizens for their happiness and prosperity and to have no interests of its own;
(B)
expressly declares that Ohio Citizens retain sovereignty over the state and their authority to alter or abolish government;
(C)
declares that Ohio retains its sovereignty over the federal government and mandates that the state shall protect the people in Ohio from all unconstitutional interference from federal government, as appropriate.
(D)
restricts Ohio to operate only as a free and independent republic in the federal Union. It mandates that government must faithfully exercise all its powers and in a diligent and prudent manner;
(E)
declares that the fundamental Rights of every man and woman in Ohio are Life, Liberty, Property, the Pursuit of Happiness, and other Protections secured by this Constitution. It declares that these Rights are common, absolute and necessary. It declares that these Rights cannot be licensed, taxed or otherwise encumbered or waived. It mandates that all fundamental Rights must be equally administered and enforced; and
(F)
preserves the state’s authority to regulate and tax commerce and matters of luxury and excess.
Section 2
of this amendment establishes the Limitations on State Sovereignty, and:
(A)
declares that the state shall exercise no powers not expressed in this Constitution. It mandates that all provisions of this Constitution must be established by the knowledgeable consent of Ohio Citizens at the polls. It prohibits Ohio from usurping any powers or authorities, or from operating in its own capacity or contrary to the collective interests of the Citizens within the scope of the Constitution;
(B)
declares that Ohio shall comply with the federal Constitution, as strictly construed, and federal laws in compliance therewith; and
(C)
prohibits any public or private person or entity, while operating in a public capacity, from participating in any manner of contract, compact, treaty or other agreements which conflict with the provisions, purposes or intent of this Constitution.
Section 3
of this amendment establishes mechanisms for the Preservation of Sovereignty, and:
Part (A)
- Establishment, Interpretation and Enforcement of Laws:
(1)
expressly declares that the Ohio Constitution is the supreme law for Ohio. It mandates that all laws and other governing provisions must be compliant with this Constitution, identify their relevant authorizing constitutional provisions, clearly and succinctly identify their purposes and upon whom they operate, and without ambiguity, before they may be established or otherwise applied. It establishes that this Constitution and all laws and other governing provisions in Ohio must be interpreted and applied in favor of the people;
(2)
establishes a new duty upon the Supreme Court of Ohio to accommodate constitutional challenges to the law, and it secures the right to challenge any law or other governing provision, even without cause, upon showing of viable constitutional merit;
(3)
authorizes the establishment of regulatory laws as are reasonable and minimally necessary to protect the public’s actual health and safety, but only if they can be justified with evidence;
(4)
authorizes the establishment of emergency laws under extraordinary circumstances and when a clear and present danger exists to the people. It mandates that emergency laws must clearly define the emergency and how it will cease, and that the state must diligently seek to resolve the emergency; and
(5)
proclaims the responsibility of Citizens to know and understand the law, and therefore establishes a new duty on the General Assembly and Supreme Court of Ohio, working together, to compose and maintain an official dictionary which shall be used in writing and interpreting all Ohio laws and incorporated into the law by reference. It further mandates a new duty upon the Secretary of State to make said dictionary readily available to the people.
Part (B)
- Suspension of Laws:
(1)
grants new powers to the Supreme Court of Ohio to suspend, abolish or vacate any law or other governing provision it deems to be unconstitutional, thereby suspending the state’s powers to enforce such laws, by constitutional authority. It mandates the Supreme Court of Ohio to render such decisions independent of any adversity it may cause upon the state or any public servant, and to retain jurisdiction over the said matters until resolved. It mandates that the people must be prominently notified by the said court of its decisions of unconstitutionality and subsequent actions and consequences
(2)
mandates that juries may be comprised only of Ohio Citizens and establishes the right for juries to hear both the facts and law of the case and, upon a three-fourths majority vote, to suspend or nullify the law of the case to preserve justice. It declares that said right is absolute and outside the discretion of the court. It mandates the court to instruct each jury of its right of nullification; and
(3)
secures the powers of Citizens to suspend, abolish or vacate any law or other governing provision or resolution by initiative process.
Part (C)
- Governmental Compliance and Accountability:
(1)
emphasizes the state’s duty to ensure that governmental misconduct shall not be tolerated, and that intentional acts perpetrated by public servants against this Constitution shall be considered High Crimes and prosecuted as such by the Ohio Attorney General;
(2)
establishes for Ohio Citizens the new power to recall any elected or appointed public officeholder, whenever they deem it necessary. It declares that the recall process shall be executed by petition and is perfected when sufficient qualifying signatures have been submitted and verified by the Secretary of State. It mandates that the Secretary of State shall immediately notify the local Sheriff, who shall then Order, remove and bar the recalled public officeholder from office, by authority of the Ohio Citizens;
(3)
declares that vacancies created by recall shall be filled by appointment from the Governor from candidates nominated by the Citizens. It further prohibits anyone recalled or compelled from pubic office from future service as a public servant or receiving any state benefits. It declares that recall is final, without recourse or immunity from liability;
(4)
declares that no public servant shall be immune from recall, prosecution or punishment for violating the Constitution, and the said punishments shall be proportional to the violation, according to law; and
(5)
mandates that all public servants shall faithfully perform their public duties in a diligent and prudent manner. It mandates that public servants must answer legitimate grievances and reasonable inquiries, produce specific public records, and are subject to penalty if they violate their oath to support this Constitution.
Part (D)
- Enforcement of the Ohio Constitution:
(1)
declares and establishes that the supreme duty of the Governor and Attorney General is to uphold and enforce the Constitution and ensure that government operates in compliance therewith;
(2)
establishes that the office of Sheriff shall be constitutionally preserved, and that the Sheriff remains a servant of and to the people. It declares that the Sheriff’s principle duty is to support this Constitution and compliant laws, and that he shall have supreme governmental authority to enforce the Constitution within his county. It provides that Sheriffs may recruit other Sheriffs or Citizens under extraordinary circumstances to preserve the peace and protect the people;
(3)
prohibits federal or foreign agencies from enforcement activities in Ohio except through the Sheriff, who shall apprehend and deliver the accused, only upon a valid judicial warrant. It declares that the Sheriff may rely on federal or foreign assistance at his sole discretion;
(4)
establishes a new duty upon judges and others to preserve the people’s fundamental Rights in the course of rendering judgments and other duties;
(5)
substantially redefines the people’s Right to bear arms. It proclaims that the Right to bear arms is fundamental, and its purpose is to forever secure the people’s sovereignty and ability to provide for and protect themselves and others. It declares that the said Right includes the acquisition, possession, carrying, trading and utilizing of any manner of arms, weapon, personal armament and other devices and munitions designed for personal use. It excludes explosives, biological and chemical systems from the said Right. It prohibits interference with said Right except by due course of law and conviction for assault with a deadly weapon in a High Crime. This amendment secures the people’s Right to operate their militia; and
(6)
mandates that the state encourage and promote the people’s free exercise of personal protection, preservation, preparedness and defense.
Part (E)
- Sovereignty through Education:
(1)
mandates that, to preserve and maintain sovereignty, the state shall encourage and promote principles of good government and this Constitution, and of a moral and ethical society, be supported in all schools in Ohio, and nothing to the contrary. Some general examples of beneficial principles are indentified in this section of the amendment; and
(2)
transfers the duty of regulating the curriculum and operations, except funding, of public schools solely to the local school district level.
Part (F)
- Governmental Transparency
This provision mandates governmental transparency by securing the right of Citizens to monitor, inspect and audit all Ohio functions, and to inspect and disseminate its books, records and operations under reasonable conditions, excluding matters exclusively private in nature. However, it does not protect, upon just cause, private matters on the public record from discovery of material evidence in suit.
Part (G)
- Subversion of the Constitution:
This provision emphasizes the critical importance of sovereignty to Ohio Citizens. It declares that every attempt to subvert this Constitution, except by the Citizens, shall be deemed an act of aggression and is strictly prohibited. It mandates that sanctions and penalties be enacted and brought against those so doing, and that deliberate or substantial subversive acts are not pardonable or otherwise absolvable by the Governor.
Part (H)
- Maintenance of Laws:
(1)
mandates that all future laws and other governing provisions in Ohio, and their interpretation, be compliant with this amendment; and
(2)
establishes a strict 4-year period within which all existing laws and other governing provisions in Ohio must be brought into compliance with this amendment, or repealed, with priority given to such laws which protect the Rights, Liberties and principles of due process of and for the people. It declares that during said time period, existing laws shall remain in force, unless defeated upon a meritorious constitutional challenge. It mandates that all laws failing to be reviewed or amended shall be repealed by operation of law, and that any outside interference with this process, except in open public forum, shall be strictly prohibited. It mandates a new duty upon the state to provide the resources necessary to satisfy this provision.
This presentation contains no “words of art” or terms of special meaning beyond their standard application.
The consequences of ratification include:
(1)
affirmation of the sovereignty of Ohio Citizens over the state and state sovereignty over the federal government;
(2)
mandates for strict governmental compliance with the Ohio Constitution;
(3)
sanctions, prosecution, penalties, and removal from office against public servants who violate the Ohio Constitution or their oath to support the Constitution or who perpetrate acts of misconduct while performing their public duties and responsibilities;
(4)
introduction of new powers and protections for the people in Ohio to directly hold government accountable to the Ohio Constitution;
(5)
the state will be refrained from exercising any powers beyond that which has been expressly granted by the Ohio Constitution;
(6)
the state must protect the people in Ohio from all unconstitutional interference from the federal government;
(7)
establishment of additional duties upon the state and public servants that protect the people’s Rights and Liberties;
(8)
establishment of such measures that will ensure the preservation of our constitutional system of government and the people’s happiness and prosperity;
(9)
placing a significant burden upon government for a period of time as it adjusts its operations to comply with the mandates of this amendment; and
(10)
restoring constitutionally compliant government in Ohio and revitalize the spirit of freedom and independence of Ohio Citizens.
This amendment does not:
(1)
support or promote secession from the American Union of states;
(2)
support or promote the overthrow or abolishment of state or federal government;
(3)
challenge the constitutional authority of the federal government;
(4)
constitute an act of sedition or rebellion against the duly established institutions of state or federal government;
(5)
establish any authority or oppression over any gender, race, religion or culture;
(6)
impose any unreasonable duty or mandate upon government or any individual public servant; or
(7)
constitute an intent or act of aggression against any government.
Rev.5.2 (April 09, 2010)