PART V: CUSTODIAL BRANCHES OF THE FEDERAL GOVERNMENT

“Quis Custodiet Ipsos Custodes?” The mission of the Custodial Branches shall be to check the Powers delegated to government to secure the Rights of the People. Their power is strictly on governments and their officials in the performance of their duties.

(Who guards us from the guardians? We have some checks and balances, but government gets away with a lot. I designed the Custodial Branches to hammer those officials performing the worst of the abuses of the Federal government [and some instances in inferior governments], but I also don’t want to make the feds afraid to exercise their rightful powers faithfully, just to be mindful of their place, so therefore I’ve minimized the custodial branches to only five percent of the Federal budget. Being separate branches, and not outcasts like government regulators are in the current government, they should be better able to perform their duty of “sheepdogs checking the wolves.” The Custodial Branches ensure the correct administration of government, not whether the law behind the administration is correct…that is, it ensures rules are followed correctly, but not that the rules are right or just, for which the Congress and the general Courts are responsible. Things are done right, but not necessarily the right things.

The custodial branches are regulatory agencies on Government insuring that “checks and balances” are carried out. Why should private organizations be regulated, while government is not regulated the same way??

These branches exist at the intersection of the primary branches: the Chamber of Repeal exists between the Legislative and Judicial: A Legislative-Judicial Branch. It is basically a legislature with the ability to strike down (repeal) laws (like a Court) that are Constitutional, but irrelevant. The Administrative Review Branch is at the intersection of the Judicial and Executive Branches: A Judicial-Executive Branch. It is a Judiciary that rules on whether Executive procedures are reasonable, and have been followed correctly [very similar to Article I Tribunals under the real Constitution.] The Integrity Branch is at the intersection of the Executive and the Legislative: An Executive-Legislative Branch. It enforces laws like an Executive, but has some regulatory [rulemaking] functions in that it can inspect Departments to ensure that they are operating correctly, and fine them when they are out of compliance. It is weaker than a private sector regulator, in that it can mainly enforce rules that a Department itself has set for itself, but can impose corrections when the Department is very far out of compliance with general government rules. The IG also investigates government malfeasance, and then prosecutes it, or brings impeachments. This Constitution also maintains the ‘checks and balances’ of the real Constitution, so nothing would prevent the FBI from doing another “ABSCAM” investigation…it just makes sure that “someone” is tasked with going after government. [The Attorney General can enforce laws on Government AND Private parties, whereas the IG can only do that on Government, and is focused on doing that.])

[1] Departments of the Custodial Branches shall submit their requests for funding to the Chamber of Repeal who, with the approval of the Inspector General and the Chief Justice of the Supreme Administrative Review Court, shall decide the percentage breakdown of the funds allotted to them. Should they not be able to agree, the Comptroller of the Custodial Branches shall decide.

[2] Congress may not modify any of the enumerated functions of the Custodial Branches or put any duties outside their jurisdiction, without the Branch’s approval (Congressmen like doing their dirty deeds without interruptions, right?), but may add to its duties, if it provides funding.

ARTICLE 1: THE INTEGRITY BRANCH

Section 1: The Inspector General

The power to secure the Integrity of the Federal Government shall be vested in an Inspector General of the United States of America. He shall have been a senior-Level Investigator for at least one year in order to be eligible to the Office, have attained the Age of thirty-five Years, been fourteen Years a Citizen of the United States, met the base qualifications for officeholders in Part II, Article 1, Section 2, and be eligible for a Top Secret security clearance. He, and the Vice Inspector General, shall hold their offices for a non-consecutive term of six years and shall be elected in exactly the same manner as Federal executives, with the certificates for electoral votes sealed and immediately transmitted to the seat of the government of the United States, directed to the President of the Senate. Cases of disability of the Inspector General and Vice-Inspector General shall be handled in the same manner as that of the President and Vice-President.

(The IG is the leader of the Custodial Branches the same as the President is leader of the Primary.)

[1] The Inspector General shall nominate, and by and with the Advice and Consent of the Chamber of Repeal and the approval of a majority of their members voting, shall appoint the Principal Officers of each of the Integrity Departments, Administrative Review Branch Judges (who must be a trained lawyer who has served at least two years as a State or Locality-level Judge) of courts inferior to the Supreme Administrative Review Court (and Supreme Administrative Court Judges only when no inferior administrative Courts exist), and all other Officers of the Custodial Branches, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Chamber of Repeal may by Law vest the Appointment of such inferior Officers, as they think proper, in the Inspector General alone, in the Courts of Administration, or in the Heads of Integrity Departments, but no Officer (no matter what he is called, czar, etc) shall be put in his position without the Chamber making a rule for doing so, which it may change. If the Chamber of Repeal does not reject a nominee within 120 days, the appointment shall become effective the same as if it were approved by vote.

(I don’t want custodial branch officers to owe their jobs to Congress because, after all, they regulate the primary branches. I also don’t want these officers to have hostility towards the primary branches, so I built some checks against that into this Constitution. Custodial-branch czars are subject to the COR the same as Primary-branch czars are subject to the Congress.)

[2] All officers of the Integrity Departments may be removed at any time by the Inspector General, and when so removed, the removal shall be reported to the Chamber, together with his reasons.

[3] The Inspector General may require the Opinion, in writing, of the principal Officer in each of the Integrity Departments, upon any subject relating to the Duties of their respective Offices.

[4] He shall, at stated Times, receive for his Services, a Compensation, equal to 8 times the median national income, per the Bureau of Statistics, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

[5] No person Constitutionally ineligible to the office of Inspector General shall be eligible to that of Vice-Inspector General of the United States, and the Vice- Inspector General may not be a Citizen of the same State as the President.

[6] The Congress shall determine the Day and Time of counting the electoral votes, which shall be not more than 10 days after the election (Sundays excepted).

[7] The terms of the Inspector General and Vice-Inspector General shall end at noon on the 20th day of January.

[8] All Candidates may choose to become backed by, or affiliated with, a political party, subject to the base rules in Part II, Article 1, Section 4.

Section 2: Powers of the Inspector General

[1] The Inspector General shall have the Power to ensure that the functions and administration of governments of all branches, including their Departments, their officials, and their projects, are in compliance with their own rules and general government rules, and are legally, faithfully, consistently, and efficiently executed.

(The IG ensures government compliance with laws, rules, and procedures.)

[2] The Integrity Branch shall watch the Federal government, but shall also investigate other governments where their duties intersect with the Federal.

[3] The Inspector General may perform inspections or investigations for any, or no reason, at any time. The identity of Integrity Branch investigators may be kept confidential, and they may deputize outside private investigators.

[4] He shall have the Power to impose corrective actions and fines on executive Departments for deficiencies revealed after inspections, which shall become effective unless challenged by a simple majority of the Senate within 15 days. Department officials may also appeal to an administrative court to review Inspector General decisions that they feel are unreasonable, which must be heard or denied a hearing within 30 days, but his decisions shall be effective until then. He may perform suits of law and equity on Departments.

[5] Investigations shall include members of Congress, the Chamber of Repeal, the President of the United States, Judges, and all other Officers of the United States.

[6] He shall perform prosecutions in the Courts, and before Congress or the Chamber of Repeal when either takes up one of his Bills of Impeachment (on Officers), or before the Chamber when it takes up a Bill of Expulsion (on a Member of Congress), for the following offenses (to be defined by Law):

1. General unconstitutional or illegal conduct, treason, espionage, perjury;

2. Corruption, including, but not limited to: bribery, undue influence, conflict-of-interest, electoral quid-pro-quo, cronyism, nepotism, patronage, graft, theft, and embezzlement, or facilitation of criminal enterprise such as smuggling or money laundering;

3. Abuse of authority, including, but not limited to: General abuse of authority, Official oppression where individual rights are violated, Selective investigations, extortion, rejection of duty (or oath), lack of alacrity in compliance with a Court order, Misuse of office, Corrupt process (that which aids a government Department, but not necessarily the official, personally), asset forfeiture and other takings by a government, Prosecutions that are malicious, biased, vexatious, done to tarnish a reputation, to cause a specific political consequence, for retribution, for purposes of extortion, throwing a prosecution, or intentionally or negligently failing to provide exculpatory evidence to the defense;

4. Low ethics: dishonesty, misconduct, rules followed selectively, arbitrariness, inconsistency in application of Law or regulation, oathbreaking;

5. Low performance: neglect of duty, incapability, extreme poor judgment, inefficiency of operations (for Officers), very low benefit-to-cost ratio of projects (for Congresspersons);

[7] The Integrity Branch shall have its own Sheriff’s Department to enforce its rulings on all Branches.

[8] The Secretary of Fiscal Responsibility shall promote efficiency in Federal government operations, ensuring legality (Constitutionally authorized) frugality (to buy only what is needed for Constitutionally authorized functions) and efficiency (reasonable price on what is bought). He shall be trained in business, public administration, and efficiency improvement. He may recommend changes to the composition of a Department in order to get most effective and efficient organizational structure for carrying out its duty. He shall yearly issue to Congress and the President an Efficiency report on Departments, with suggestions for improvements. Every ten years, he shall issue recommendations for the reorganization of the Executive Departments.

(Companies have to watch what they buy, why not government? Also, companies reorganize to get “leaner and meaner”, why not government?)

[9] The Master of Elections shall oversee elections to ensure their integrity and that procedures are being followed. He shall promote campaign finance transparency by audits; Investigate allegations and appearances of corruption and fraud, that absentee ballots are valid, and members of the Armed Forces are able to vote and their votes counted; The power to prosecute State officials for negligence in compliance with Election law. He shall investigate and prosecute breaches of law concerning appointments, random selections, initiatives, and referendums.

(The MOE makes sure the people getting into government are getting there correctly.)

[10] Federal Executive Departments shall have the Power to investigate the Integrity Branch, but must first get the approval of any Federal-level Court, except the Attorney General, who may investigate for any reason.

(This is a check on the Integrity Branch. It also prevents a blind or cowed AG from avoiding investigations.)

ARTICLE 2: THE LEGISLATIVE REPEAL BRANCH

Section 1: The Chamber of Repeal

The Power to eliminate unneeded, useless, harmful, outdated, obsolete, or irrelevant laws and regulations (or sections of laws and regulations), and to create the rules for the operation of the Custodial Branches, shall be vested in a Chamber of Repeal of the United States, and in the Citizens Ballot Initiative.

(How to restrain Leviathan? Repeal it. The COR can clear deadwood laws all year, whereas Congress can only make laws 140 days.
I also don’t want Congress to hamstring the Custodial Branches with rules that prevent their operations)

Section 2

[1] The Chamber shall be composed of Members elected every Six years, to serve non-consecutive terms, by the Citizens of the several States. Each State shall have two Members and may decide for itself to elect its Chambermen either by self-promotion or random-promotion. Every Chamberman must be at least 30 years of age and have been a Citizen of the United States for 9 years when elected, have been a citizen of that State for at least 3 years, and met the base qualifications for officeholders in Part II, Article 1, Section 2.

[2] If a State opts to elect its Chambermen by self-promotion, all certified candidates may immediately begin campaigning to get the most votes. If a State opts to elect its Chambermen by random-promotion, all certified candidates may enter their names in a lottery for their State, and then 10 winners shall be chosen in a place open and observable to all members of that State 121 days before the election, who may then immediately begin campaigning to get the most votes. Election officials may not release any names before the lottery.

[3] All Candidates may choose to become backed by a political party, subject to the base rules in Part II, Article 1, Section 4.

[4] The person who wins a simple majority of those voting shall be elected, and if no one wins on the first ballot, another election shall be held, composed of only the two persons with the highest number of votes, and the winner shall be the person with the highest number of votes. In the case of elections that are within ½ of 1% of determining the winner, then an equal number of recounts shall be done by all polling places in the State.

[5] When vacancies happen in the Chamber from any State, the Executive Authority thereof shall appoint a replacement until a special election can be held the third Thursday in November, unless the vacancy occurred after the 31st of August, in which case the election would occur the following year; or unless the vacancy occurred within the last year of the Chamberman’s term, in which case the next election would take place as regularly scheduled.

(This is basically the same as the Senators of today, with some of the changes I introduced for Representatives.)

Section 3

[1] Chambermen shall receive a Compensation for their Services equal to four times the median national income, per the Bureau of Statistics, and may not ever receive a pension, nor receive special privileges that all other citizens do not enjoy, nor exempt themselves from any Bill of Repeal, and must be subject to exactly the same laws as everyone else, unless impossible.

[2] Chambermen shall be paid out of the Treasury of the United States. They, and their staffs (which shall be limited in number by law), shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of the Chamber, and in going to and returning from the same; and for any Speech or Debate, they shall not be questioned in any other Place.

[3] No Chamberman may resign to take a newly created or higher-compensated political position, but must wait two years, or until the conclusion of what would be their current term. No Chamberman may simultaneously serve in the Chamber and hold a position in another branch.

[4] The Vice Inspector General shall be President of the Chamber, but shall vote only to break ties. The Chamber shall choose their other Officers, and also a President pro tempore, in the absence of the Vice Inspector General, or when he shall exercise the Office of Inspector General.

Section 4

[1] The Chamber shall be the sole Judge of the Elections, Returns and Qualifications of its own Members (not subject to Judicial Review), and a Majority shall constitute a Quorum to do Business, but those who deliberately absent themselves shall count as if they were present; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as the Chamber may provide. Those deliberately absent for more than fourteen days during a session shall be considered to have abandoned their position, and vacancies filled as normal. The Chamberman shall count as present for purposes of Quorum until the position is refilled;

[2] The Chamber may determine the Rules of its Proceedings, punish its Members for disorderly Behavior and, with the Concurrence of two-thirds, expel a Member. It shall have the Power to Expel a Member of Congress with a three-fifths vote after taking up a Bill of Expulsion from the Inspector General.

(The COR ensures that Congress enforces its own rules upon itself. No, I don’t trust maggot Congressmen to be honorable enough to police themselves. Did I previously mention Charlie Rangel of NY? I did? He bears repeating.)

[3] The Chamber shall keep a Journal of its Proceedings, and Yearly publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of its Members on any question (not specifically exempted) shall be entered on the Journal.

Section 5

[1] The Chamber shall assemble every Year, starting the 3rd of January. The terms of Chambermen shall end at noon on the 3d day of January. The President of the Chamber may adjourn the Senate during those times when no business is being conducted. All Bills of Repeal shall originate in the Chamber, or by ballot Initiative;

[2] Anyone may initiate an idea for a Bill of Repeal to a Chamberman, who may or may not introduce it to the entire Chamber.

[3] Chamberman shall automatically introduce a State Initiative: a Bill supported by the signatures of five percent of the registered voters of his State. The Chamber shall have a defined standard period of debate, after which, votes shall be taken. But in all such Cases the Votes shall be determined by Yeas and Nays, and the Names of the Persons voting for and against shall be entered on the Journal.

[4] All Bills of Repeal must be descriptively titled and all provisions of that Bill must relate to the title. If a Bill is presented to the Chamber with multiple topics, it shall divide the Bill into separate Bills with a common topic. The same shall apply to every Order, Resolution, Vote, or any other business that comes before the Chamber so that there is only one topic with one title. The Chamber shall eliminate no law except by Bill of Repeal.

(So far, mostly the same as for a Congressional Bill.)

[5] The Chamber, for proper purposes in aid of its repeal function, may summon individuals and organizations to testify to clarify issues; The Chamber shall consider all Bills and delete provisions by a simple majority vote against each, and shall approve what remains of the Bill by a simple majority vote. Laws and sections of laws passed from 2-9 years ago may be deleted with a two-thirds vote, laws 10-19 years old with a three-fifths vote, and laws 20 years or older with a simple majority vote. Regulations, fees, and fines, may be deleted in half the time as for laws and sections of laws. Deletions shall take effect the next January 3rd to allow time for challenges. Every Order, Resolution, or Vote shall be handled by the same procedure as for a Bill of Repeal.

(As laws get older, they become less relevant. It should be difficult to eliminate laws recently passed, and easier as they age.)

ARTICLE 3. DISPUTES AND COURTS – THE ADMINISTRATIVE REVIEW BRANCH

Section 1: Supreme Administrative Review Court

The Power of Administrative Review of Departments of the United States, shall be vested in one Supreme Administrative Review Court, and in such inferior Courts as the Congress may from time to time ordain and establish. There shall be nine Judges of this Court who shall be selected by a lottery from all Judges of all Federal courts inferior to the Supreme, who have served in that position for at least five years, whether Judicial Branch or Administrative Review Branch, and they shall hold their Offices for a non-consecutive 18-year term during good behavior, and be otherwise subject to the same standards and rules as Judges of the Supreme Court. They shall be eligible to be selected for the Supreme Court while serving on this Court. Judges of inferior Courts shall hold their offices for the same non-consecutive term. Judges shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office, which for Judges of the Supreme Administrative Review Court shall be seven times the median national income, and six times for other Federal Administrative Judges above the department level.

(Administrative judges are provided for in Article I of the real Constitution. They rule on procedural correctness and reasonableness of law execution. They don’t rule on whether the law itself is correct or Constitutional. I make a separate branch out of it, which is how it should be.)

Section 2: Scope

[1] The administrative review Power shall extend to cases involving the reasonable exercise of power by Federal Departments, or other contingencies as the Congress shall define. The Court shall look at the method and process in which the decision to create regulations, and their enforcement, was arrived at, and determine if the resulting decision was permissible from the statute, and reasonable. They shall have the Power of contempt, corrective writs and other powers normal for a general court judge.

[2] The Court shall have appellate jurisdiction for both private and governmental parties over:

1. Contested cases, as the fact finder involving Departments or their officials, over procedures and regulations.

2. Appeals after final decisions of Federal Departments.

3. Requests for injunctive or equitable relief against a Department, to include the wholesale striking down of a regulation.

4. Executive and Proclamatory Orders of the President and other officials.

[3] The Supreme Administrative Review Court is subject to review only by the Supreme Court, and inferior administrative Courts shall be subject to review as determined by the Congress.

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