Dear readers,
For all the pictures, signings ets. in this chapters, see Pdf when ready. Christ.
PJ 86
CHAPTER 11
LATEST BRANCH DAVIDIAN (WACO) TRIAL
NEWS FROM SAN ANTONIO, TEXAS
Editor's note: We would like to thank the American Patriot Fax Network (APFN) for distributing the three faxes from which the following three articles were constructed about the Waco Massacre trial now getting started in San Antonio, Texas.
Naturally, this trial is being heavily suppressed or distorted in the major (controlled) "news" media. As CONTACT AND JOURNAL readers are well aware, there is so much for the puppets--like the Bureau of Alcohol, Tobacco and Firearms (ATF)--to try to hide for the Elite masters/perpetrators of the massacre, that this trial ought to be an interesting spectacle--what of it we manage to observe. Who knows, maybe even some of the truth will manage to leak out.
APFN--Three agents testified today: ALEXANDER, LOWELL SPRAGUE and BARBARA MAXWELL. Alexander said, because of the wind, the mace used on the dogs came back on the agents in the dog team (himself, Champion and Richardson). He was shot in both legs. Testified to the screens on the windows unwillingly and reported he saw no glass falling from windows and saw no guns or faces in them. He says he was not aware of any plan B or C in case of trouble and that announcing "ATF" or "POLICE" WAS NOT PART OF THE TRAINING. He was aware that he would be part of raid the first week of Feb. and knew the scale of its size. Alexander was stationed in Little Rock along with 4 other agents who are involved.
Agent Sprague said Steve Willis fell onto his legs after Willis was hit in the neck and then went on to describe how he checked out his wound and when feeling to see where it was, his finger went into the wound because of its size and he could feel the blood pumping! Plain and matter-of-fact with no addition that this sickened him or was gross (he's a teacher). Defense attorneys caused him to testify that he indiscriminately shot at windows upstairs while seeing no target, which is against policy and the law. He agreed he was shooting to kill and that he shot at both of the guys (both?), whose silhouette he says he saw, on the water tower. Now, from his position behind the green van, 2nd vehicle to right of front door, on the west side of the building how can you see a silhouette looking to the north at 10:00 in the morning? Sprague was stationed in Tulsa, where does the sun rise there? He saw gunfire from the upstairs windows only, as do the other three today. Isn't that where they admit the women and children were? All three said upstairs only!
Agent Maxwell is a beautiful woman and came across cheerful, yet knew what she had done when she stated it is against policy to shoot indiscriminately where no target is sighted. She added food to the tent story and that the Davidians were to be kept in them until the search was complete. Then testified that she saw no tents or food and knew not who was in charge of such. She was to clear the Chapel area and separate men from women and children. She heard someone say there is no one outside as they approached the building. She got wood and glass chips in her hair after she lost her ballcap and took cover behind and then in the white van.
All agents again heard no one announce their presence. These today reported hearing popping coming from left as they exited the trailers(Helicopters?).
Judge Smith is continuing to suppress the identification of those planners of the raid above the immediate supervisors Sarabyn, etc....Let the prosecution object to hearsay and protect the guilty. Court was adjourned today at noon and I heard the judge had a death in the family.
I talked with Norman Allison today as to why the defense is not going after the witnesses more and he said the attorneys are holding out for their turn. Hope its good strategy.
21 Jan 94, by courtroom eyewitness THOMAS COOK.
*****
A BRANCH DAVIDIAN TRIAL SIDELIGHT
Gladys Ottman--Menace To Society
Protected by the Government and
The_Salvation Army
When the Mt. Carmel retreat of the Branch Davidians was burned down on April 19, 1993, the mother of one of the women who escaped the fire was Gladys Ottman, a Canadian. Although she was not charged with anything, Mrs. Ottman was detained as a "material witness" and was placed in a half-way house which the Salvation Army runs in downtown Waco, and was given "federal prisoner" status. An early attempt at a habeas corpus petition was made by an attorney to free her, but the petition was not even given a hearing. The judge to whom it was given was initially willing to release her but the U.S. Attorney simply told the judge he didn't want her released--so the matter was dropped without a hearing!!! (Does this seem a little strange)?
I became aware of this situation after hearing about it on a radio talk show in October when a caller (whose voice I recognized) described the fact that he had discovered that the Salvation Army was operating prisons under contract to the government, and was incarcerating people who had not been charged with any crime.
I later telephoned that caller and discovered that his wife had been corresponding with Gladys Ottman and had attempted to visit her in Waco, but had been told that Gladys was not allowed to have visitors. (Does this seem even stranger)?
When one of the letters which she had mailed to Gladys was returned unopened and marked "ATTEMPTED NOT KNOWN", my friend's wife asked me if I would write to Gladys to see if she was still there or if her mail was being tampered with.
I did so and got a very pleasant letter back from a nice grandmotherly lady. She mentioned that most of her time was spent knitting but she was running out of yarn.
On December 27, 1993, I wrote her another letter and included a $20 postal money order which she had said would be the easiest for her to cash. On January 11, 1994, that letter came back unopened, marked "ATTEMPTED NOT KNOWN". The next day I hand carried a complaint to the Postal Inspector's office in San Antonio asking for a full investigation and prosecution of all who may have conspired to obstruct the mail or defraud a user of the mail.
On January 17, 1994, I visited the Salvation Army's Waco facility and ascertained that Gladys Ottman was still held there. (Is all this now sounding very strange)?
Folks, we are not in danger of sliding into federal tyranny; WE ARE UNDER FEDERAL TYRANNY!!! You probably knew that already, but perhaps you didn't know that the government 501C(3) church is in cahoots.
-- Jack DeVault, Major, USAF (Ret.)
8048 Midcrown, #11
San Antonio, Texas 78218
210-653-3087 (Voice)
210-653-3197 (FAX)
IS JUDGE SMITH GUILTY
OF JURY TAMPERING
APFN--Judge Walter Smith, Jr. adopted the unusual tactic of keeping secret the jurors' identities for the express purpose of preventing them from being informed about their powers and responsibilities under the law.
What was so dangerous about the Davidian defendants that the Judge wanted to keep the jury wheel secret, and protect the jurors from the attorneys' questions during voir dire?
Who authorized him to sift through the jury questionaires and determine that
85 % of them were just not suitable to serve on this jury?
This was his dictatorial process: After sending a questionnaire to about 300 potential jurymen selected from the master jury wheel of 16,000, the judge examined their returned questionnaires and invited approximately 80 of them to come to the jury selection process. The press reported that most of the questions concerned religion and gun control (about 80% of these jurors believed that only police should have guns). After Judge Smith had the opportunity of removing anyone he deemed unsuitable, then he personally questioned that group and allowed the lawyers to whittle down to the final total of 18; 12 jurors and 6 alternates.
The San Antonio Express-News reports that among them are:
a retired banker, 80
a housewife, 44
a retired teacher, 68
an insurance account specialist, 44
another retired school teacher, 60
a title clerk, 58
an insurance adjuster, 42
a custodian, 29
an administrative clerk, 41
a leather inspector, 29
a corporate secretary, 54
a file clerk, 28
a retired man, 47
a school teacher, 46
a grounds foreman, 45
a medical secretary, 21
Will this be a jury of the peers of the defendants as the United States Constitution requires? Fat chance! It is a carefully screened group of brain-washed, pro-establishment, politically correct, sheeple whom the judge believes will not dare to deviate from the instructions of a court. This is appropriate only for totalitarian tyrannies not interested in justice, but in convictions.
Can Federal Judges Stack Juries In Texas?
Yes! And that is what we may have here. Could it be that we are no longer operating under the United States Constitution? We, The People, must take charge of our justice system and return to it the protections that our forefathers tried to preserve for us.
PJ 86
CHAPTER 12
NWO TARGETS CALIF.
Editor's note: Well, talk about "luck": The New World Order has chosen California to be the first state in the union to operate under "their" agenda. The recent earthquake in Los Angeles provides a dry run for New World Order crowd control and "roundup" tactics through the machinery of FEMA (the Federal Emergency Management Agency). The next several pages are yet another experimental assault on controlling you-the-people. What you are about to read is the well-concealed, innocent-looking specific plan put forth, for the California ballot, to actually implement the New World Order within California's boundaries. And it's engineered to be carried out at taxpayers' expense, to boot! If you don't think this is a wily, serious maneuver, you're not paying attention to the Elite's game plan! Now that we have given you this information, who out there in our reading audience will do something about it?
our Constitution in favor of "world governance."
We will need all the patriots we can get to alert citizens of California and the other states to this threat to our Constitutional Republic. So if you can, please inform as many people as you're able to.
Will you please also send in your renewal or contribution to the NATIONAL JUSTICE FOUNDATION. As you know, the N.J.F. is the foremost professional organization in the nation dedicated to preserving and defending the sovereignty of the United States.
This world governance effort is the most serious threat to our freedoms since the "Declaration of Inter-Dependence" which was launched in 1976, we need your help.
May I hear from you, please.
Date: December 20, 1993
File No: SA93RF0033
The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:
WORLD CONSTITUTIONAL CONVENTION. APPROPRIATION. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Expresses choice of California citizens to participate in world constitutional convention to establish global governance. Calls for similar initiative elections in other states, and for national initiative. Creates American Electoral Administration to conduct such initiative elections. Appropriates 25 cents per resident from California General Fund to finance American Electoral Administration. Defines number of votes required, worldwide, before convention may be convened. Establishes qualifications for convention delegates. Apportions delegates. Approves appropriations from U.S. Treasury to pay U.S. share of convention costs and to repay states' appropriations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Initial General Fund costs of about $7.4 million to fund American Electoral Administration, with no specific requirement that this money be repaid by federal government and no federal law currently in place to assure such repayment. Additional unknown, but potentially major, General Fund revenue loss because contributions made by individuals to finance initiatives would be tax-exempt.
Re: Initiative Title and Summary
Subject: WORLD CONSTITUTIONAL CONVENTION. APPROPRIATION.
INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE.
File No: SA 93 RF 0033
Dear Mrs. Eu:
Pursuant to the provisions of sections 3503 and 3513 of the Elections Code, you are hereby notified that on this day we mailed to the proponent of the above-identified proposed initiative our title and summary.
Enclosed is a copy of our transmittal letter to the proponent, a copy of our title and summary, a declaration of mailing thereof, and a copy of the proposed measure.
According to information available in our records, the name and address of the proponent is as stated on the declaration of mailing.
A WORLD CONSTITUTIONAL CONVENTION
CALIFORNIA INITIATIVE
American E1ectora1 Administration
19941
Former United States Senator Mike Gravel (Dem. Alaska) who advocated a, World Income Tax in 1976 is back again with grandiose plans to involve the people of California and all Americans in a World Government. He filed a 14 page petition with the Attorney Generals' office in California on November 20, 1993 requesting a title for an Initiative to be placed on the 1994 ballot which would create, an American Electoral Administration (AEA). The AEA would conduct state and national initiatives & election of delegates to a World Constitutional Convention. (World government)
On December 20, 1993 Attorney General Daniel Lungren gave the requested Initiative a title and summary explanation. It was sent to the Secretary of State who processed it and distributed it to:
"ALL REGISTRARS OF VOTERS OR COUNTRY CLERKS AND PROPONENT
The AEA is estimated to cost Californians about $7.4 Million. The documents state: "...The following persons are appointed to the Board of Directors of the American Electoral Administration..."
"Former Presidents of the United States, President American Civil Liberties Union, President, The Conservative Caucus, President, American Conservative Union, President American Humanist Association, President Synagogue Council of America, President, National Organization for Women Chair, Republican National Committee, Chairman, Democratic National Committee. etc...etc...
The minimum number of signatures required to pass the initiate is 615,958 and they have until July 22, 1994 to get the job done. Initiative Coordinator for the of State is Cathy Mitchell (916) 445-0820 at 1220 J Street Sacramento, CA 95814.
1617 18th Street / Sacramento, California 95814 / Telephone (916) 442-0537
PHILADELPHIA II
(Suggested Title)
INITIATIVE CONSTITUTION AMENDMENT AND STATUTE
An initiative, titled Philadelphia II, to determine the willingness of California citizens, as United States and world citizens, to participate in a World Constitutional Convention. An initiative, concomitant to concurrent and subsequent statutes in other jurisdictions, to determine if a sufficient number of people worldwide--a critical mass
--wish to participate in a World Constitutional Convention. An initiative, if a critical mass exists, to call the convention, elect delegates and implement convention preparations. An initiative, in order to accomplish the above, that legislates a federal law which shall permit initiative elections throughout the United States. An initiative to appropriate funds as a loan from the treasury of California. And an initiative to appropriate funds from the treasury of the United States to repay loans made by states in approving Philadelphia II and to pay the U.S. proportional share of the costs of the World Constitutional Convention.
(Suggested Summary)
An act permitting the people of California to participate in a World Constitutional Convention if a majority of voters voting approve the Philadelphia II Initiative in California, in the United States and in a sufficient number of nations worldwide. Herein defined are: the requirements to determine the people's will to participate in a World Constitutional Convention in an orderly, fair manner; the composition of a Critical Mass of people in the world; the issuance of the Call to the Convention stating the time and location; the method of apportioning delegates to the convention; and the delegate election process.
In order to provide a process to facilitate elections to determine the will of United States citizens, this act creates the American Electoral Administration (AEA). The AEA is charged to defend any legal challenge to the sovereign right of the people to participate directly in creating a world government, to legislate national policy, and to codify their legislative rights and procedures by a process embodied in the Philadelphia II Initiative.
The first state approving the Philadelphia II initiative initially creates and funds with a loan the AEA. The approval of Philadelphia II by citizens in subsequent states is their acceptance of the AEA and adds to its funding with additional loans from their treasuries. The amount of these loans is equal to twenty-five cents per citizen for each approving state as determined by the most recent census. These loans are to be repaid by a federal appropriation from the U.S. Treasury when the Philadelphian Initiative becomes a federal law as a result of its approval by a majority of voting Americans. The AEA, an independent agency, is then funded through normal Congressional appropriations. The Philadelphia II Initiative enacted in this statute affords California citizens the opportunity to participate in a World Constitutional Convention and empowers them to contribute their will in the creation of a federal law that gives California citizens the same sovereign rights of direct democracy as United States citizens as they presently enjoy as California citizens.
Philadelphia II in California 10/30/93
PROPOSED LAW BY INITIATIVE IN CALIFORNIA
SECTION 1. This measure shall be known and may be cited as the Philadelphia II Initiative.
SECTION 2. Section 3.5 is added to Article XVI of the Constitution of the State of California to read:
Section 3.5 Notwithstanding Section 3 or any other Section of this Constitution, an appropriation will be made from the State Treasury for the purpose of making a loan to the American Electoral Administration, no later than ten days after it is applied for, to carry out its duties and activities under Division 3.2 commencing with Section 600 of Title I of the Government Code.
SECTION 3. Division 3.2 (commencing with Section 600) is added to Title1 of the Government Code to establish in state government the following, to read:
DIVISION 3.2. A WORLD CONSTITUTIONAL CONVENTION
Section 600 Preamble
We, human beings, hold that only human beings are sovereign. We declare the inalienable right and responsibility to choose the manner in which we govern ourselves. Governments and all other elements of governance receive their powers from us. We retain the right to withdraw or alter those powers.
Governance is required at all levels of human activity in order to establish justice for all persons, ensure the general welfare, secure the blessings of liberty to ourselves and our posterity, and restore and preserve the ecological balance of our home--earth. Lack of governance at the global level of human activity dooms the planet to mismanagement of its resources and impairs the effectiveness of all governments.
Therefore, commencing in California and continuing to other states of the United States and continuing to other countries, we undertake this global initiative process, called the Philadelphia II Initiative, to ask people if they wish to participate in a world constitutional convention addressing problems of global governance. The Philadelphia II Initiative, as a first step, can lead to a world governed by laws.
Recognizing that not all political jurisdictions in the U.S. have laws and procedures to present initiatives to their people, we, as American citizens, exercise our sovereignty to establish laws and procedures--direct democracy--in our nation to present initiatives to all the people of the U.S. on the question of their willingness to participate in a world constitutional convention.
Section 601 A World Constitutional Convention
We, the citizens of California, choose to participate, via democratically elected delegates, in a World Constitutional Convention that will be called if and when a sufficient number of people worldwide decide to participate, in accord with the rules and procedures set forth in this statute.
Philadelphia II in California 10/30/93
Section 602 Critical Mass
The majority of voters voting for the Philadelphia II Initiative in nations representing an aggregate of at least one billion people and twenty-five percent of the world's gross economic product shall be considered a critical mass--a sufficient number of people for purposes of this statute. The Call to the convention is triggered when that number of citizens--a Critical Mass--will have voted to participate in a World Constitutional Convention. The Convention Secretariat, created in Section 605, shall then communicate the formal Call.
Section 603 The Call
The Call shall be communicated to the American Electoral Administration (AEA), created in Section 608, and the Electoral Administrations (EA) of each participating nation. The Call shall announce the time, place and probable number of delegates to be authorized according to the formula in Section 604 (f) as it will have been applied to the most recent United Nations data.
(a) Time: The convention shall take place not less than 24 months, not more than 30 months from the date of the attainment of the Critical Mass.
(b) The Roll: During the first year after the Call, citizens of nations not yet participating may decide by initiative or referendum to participate in the convention. At the end of that period the roll of nations whose citizens are participating in the World Constitutional Convention shall be closed.
(c) Delegate Apportionment The Convention Secretariat, within thirty days of the roll's closure, shall communicate to the EA of each participating nation the number of delegates authorized to represent the people of that nation, a number determined by the formula in Section 604 (f) as it will have been applied to the most recent United Nations data. Citizens of nations who do not choose to participate prior to the roll closure may, after an initiative or referendum and observer elections, send accredited observers to the convention.
(d) Place: The Convention Secretariat shall arrange for a suitable location for the efficient operation of the World Constitutional Convention.
Section 604 Delegates
The people who those to participate in a World Constitutional Convention shall be represented by democratically elected delegates.
(a) Qualifications: Delegates must be twenty-one years of age and legal residents of the nation whose citizens they are elected to represent
(b) Election: Delegates are to be chosen directly by the citizens of participating nations in plurality type elections. Each EA shall prescribe filing procedures for candidates seeking to be elected as delegates, and the conduct of the election and post election activities. The EAs shall be guided by procedures detailed herein, the practices in their jurisdiction and the practices of other EAs, toward an objective of making procedures universally equitable. The election results shall list the candidates according to the number of votes received, in descending order. Selections will be made from the list in accordance with the rule stated in (d) below until the authorized number of delegate positions shall have been filled.
Philadelphia II in California 10/30/93
(c) Campaign Financing: Candidates for delegate positions shall not solicit or accept funds from government agencies, for-profit corporations or organized associations backed by such agencies or for-profit corporations to pay for any costs associated with seeking election as delegate. Each EA shall prescribe campaign funding reporting procedures.
(d) Gender Equalization: The person receiving the largest number of votes is selected to fill the first delegate position. If a second delegate position is authorized, it shall be filled by selection of the person who received the largest number of votes and who is of the opposite gender from the first person. Additional authorized delegate positions shall be filled in turn by alternately selecting the male or female candidate, not yet selected, who received the next largest number of votes, and so on. The delegates filling the third and succeeding odd-numbered positions shall be of the same gender as the person first selected. Those filling the even-numbered positions will be of the opposite gender.
(e) Vacancies: A vacancy in any delegation shall be filled by the person of the same sex who received the next largest number of votes in the original election.
(f) Authorization: The number of delegates authorized to the people of each participating nation is determined by the following formula:
Delegates= PrimaryAllocation +/- (Sum of) PerformanceFactor x FactorWeight
For all factors
This formula is designed to assure adequate representation for the people of small and moderate-sized nations while assuring that the most populous nations will not dominate the convention by their sheer numbers; and secondly, to grant more or less representation to the people of participating nations in proportion to their national performance as regards the treatment of their citizens as sovereign human beings and as regards actions by their government in support of their human development and actions affecting the long term health of our planet.
A definition of the elements of the formula follows:
1. Primary Allocation is the population-based starting point from which will be determined the number of delegates authorized a nation. Because of the very wide range in the population of nations, a logarithmic function is used to equitably distribute delegates to nations. To emphasize representation for moderate sized nations, the logarithm is taken on the population, expressed in millions, divided by two. To arrive at a suitable number of delegates for every nation with a population greater than three million, that result is multiplied by four and the result is rounded. To avoid computational anomalies, the logarithmic function is not used for nations with population less than three million. Of these nations, those with population greater than one million are authorized one delegate as their Primary Allocation. Each nation with a population of one million or less is assigned a Primary Allocation of zero and the nation is expected to join in regionally defined aggregates with one or more designated other nations of one million or less population. The aggregate population of the group is then used to calculate a Primary Allocation for the group as above; except that the Primary Allocation for the group will be no less than one, even if the aggregate population of the group does not exceed one million. The Primary Allocation computation is as follows:
PrimaryAllocation = 4 x Log( Pop+2)
Philadelphia II in California 10/30/03
2. Performance Factor uses the measurement of thirteen areas of national or governmental performance to modify the Primary Allocation of each nation. Each factor has a range from the "best" to the "worst" performance. Within that range, a level of performance is picked to represent what reasonable people currently would expect as the norm for a nation's performance as regards respect for human beings and their habitat. The difference between actual performance and the Norm produces a plus or minus number used to calculate an increment to be applied to the Primary Allocation of the nation. For two of the factors, the actual range of national performance includes performance so egregiously out of reason in a civilized world that the range is rejected and replaced with one more representative of human expectation. These two factors are Military Spending as a percentage of spending for Health and Education combined and Maternal Mortality. The effect of this modification is to make increments on the Primary Allocation of delegates for those two factors larger for all nations than they would be if the true ranges were used. The Performance Factor Computation follows:
PerformanceFactor= PrimaryAllocation x ( Norm - Performance) + FactorRange
3. Factor Weight is the relative importance given to each of the thirteen factors. The greatest weight (0.20) is given to the human rights performance of governments. The lowest weight (0.04) is given to Media Outlets which is indicative of how much information a government permits its people.
The data representing each factor is available from the United Nations Development Program, Human Development Report Office, 336 E. 45th Street, Uganda House, 6th Floor, New York 10017 (212) 983-1530, Fax: (212) 983-0025.
The Performance Factors, their Norms and Weights follow:
1. Human Rights Index Norm: 28 Weight: 0.20
A formulation of 40 indicators of human rights reported as a "Human Freedom Index" by the UN.
2. Maternal Mortality Norm: 10 Weight 0.15
Maternal deaths at childbirth, per 100,000 live births.
3. Mean Years of Schooling Norm: 9 Weight 0.12
For total population above 25 years of age.
4. Fertility Norm: 2 Weight 0.10
Expected number of live births per woman's lifetime.
5. Gender Equality in Labor Norm: 40 Weight 0.10
Women in workforce as a % of total workforce.
6. Greenhouse Effect Norm: 1.5 Weight 0.10
Emissions of "carbon dioxide equivalents" expressed as metric tons per capita.
7. Social Security Spending Norm: 15 Weight 0.10
Measured as a % of Gross Domestic Product
Philadelphia II in California 10/30/93
8. Hazardous Waste Generation Norm: 1.5 Weight 0.08
Measured as metric tons per square kilometer of land mass.
9. Military Expenditures Norm: 12 Weight 0.08
Measured as a % of Health and Education Expenditures
10. gross Domestic Savings Norm: 20 Weight: 0.05
Measured as a % of Gross Domestic Product.
11. Gross National Product Norm: 20,000 Weight: 0.05
Per Capita, measured in U.S. dollars.
12.. Human Development Index Norm: 0.85 Weight: 0.05
An index contained in the UN Human Development Report.
13. Media Outlets Norm 2,000 Weight: 0.04
Number of radios, television sets and daily newspapers per 1,000 people.
Example: Computation using Human Development Index data for the U.S.A.
The 1991 population of the USA (in millions) was 252.5. The Primary
Allocation for the USA is 19.35 (The result of the calculation 4 X Log 126.25).
For each performance factor, there is a six-step process to determine the increment on the Primary Allocation. The example uses data pertaining to the Human Development Index(1990) and U.S. performance with respect to it.
Step 1: Establish the range of the factor. For the Human Development Index (1990) the highest index recorded is 0.983, the least is 0.045; the Factor Range is 0.938 (from the calculation 0.983-0.045).
Step 2: Assign a national performance Norm such that one might expect a nation to operate at that Level or better. The assigned Norm for the Human Development Index is 0.85.
Step 3: For each factor, determine the actual national performance with respect to this factor and calculate the ratio, (Norm - National Performance)+ Factor Range. Whether the result should be taken as a positive or negative depends on what reasonable people would consider to be "better." The National Performance for the USA on the Human Development Index is 0.976. Therefore this ratio becomes 0.134
(from(0.976-0.85) + 0.938).
Step 4: Multiply the nation's Primary Allocation by the above ratio. For the USA, the result is 2.59 (=19.35x 0.134)
Step 5: Multiply the result of Step 4 with the Factor Weight. The Factor Weight applied to the Human Development Index is .05. The result, for the USA, is 0.13 (=0.05x 2.59)
Philadelphia II in California 10/30/93
Step 6: Cumulate the result of Steps 1 through 5 for all factors. Showing the result of Step 5 only for each of the factors, the sum for the USA is 0.10 (from 0.52 + 0.13 + 0.05 - 0.04 - 0.50 + 0.63 - 0.02 + 0.22 - 0.55 - 0.11 - 0.14 + 0.29 -0.38). The assigned number of delegates for the USA is 19 (from 19.35 + 0.10, rounded).
Section 605 Convention Secretariat
A Convention Secretariat is hereby created to perform all the ministerial actions in preparation for the World Constitutional Convention.
(a) Organization: The Convention Secretariat shall be governed by a Board of Directors consisting of one person from each EA of participating nations. Each EA shall select their representative to the board of the Convention Secretariat from among the members of its board. The Convention Secretariat shall come into being when the boards of at least two EAs appoint their authorized member. The Convention Secretariat shall organize itself in a fashion similar to the organizational structure of the EAs as specified in Section 608, except that the Secretary General of the United Nations shall be an ex-officio voting member.
(b) Ministerial Duties: The Convention Secretariat shall perform the following duties:
1. Certification: Certify that all initiatives, referendums and delegate elections related to this World Constitutional Convention are democratically conducted;
2. Formal Call: Communicate the formal written convention Call to the EA of each participating nation, when the required Critical Mass has been attained.
3. Preparations: Provide for the necessary meeting and office space with furnishings and equipment for the efficient conduct of the convention proceedings. Contract for studies on subjects likely to come before the convention. Hire staff to serve the anticipated needs of the convention.
4. Fiduciary: Prepare budgets of anticipated expenses. Apply for, receive, spend and account for all funds and in-kind contributions in a publicly acceptable manner. Transfer all moneys, property, records and staff to the convention upon its organization.
(c) Funding: Funding for the Convention Secretariat shall be provided by the EAs of participating nations on an equitable basis.
(d) Discretionary Powers:, In the absence of defined powers to properly deal with unforeseen requirements or other events in preparation for the convention and the apportionment of delegates according to Section 604 (f), the Convention Secretariat shall be authorized to the take actions necessary to fulfill the intent of the Philadelphia II Initiative, after consultation with the EAs of participating nations.
Section 606 The Convention
The convention, when convened, becomes a plenipotentiary democratic body whose delegates are responsible to the citizens they represent. If a constitution is produced by the convention, it shall be submitted to the people of the world for ratification.
Philadelphia II in California 10130/93
Section 607 Convention Funding
There is hereby appropriated from the Treasury of the United States the funds necessary to pay the costs for its delegates and the U.S. share of the costs of the operation of the convention. The U.S. share (as for all nations) shall be an amount equal to the percentage of its delegates to the entire number of delegates
to the convention.
Section 608 American Electoral Administration
An American Electoral Administration (AEA) is hereby created to conduct state and national initiatives, election of delegates to the World Constitutional Convention and referendums of a general nature to determine the will of the voting citizens of the United States. The creation of the AEA begins a state-by-state process that will in the end permit American citizens to declare if they wish to participate in a World Constitutional Convention and to create a federal law and procedures for the conduct of national initiatives and elections.
(a) Justification: Citizens of California have the sovereign power to legislate laws and changes to their state constitution. As citizens of the United States, California citizens do not now enjoy the same orderly methods to legislate as is their right. The necessary federal law and procedures need to be created so that the full benefits of direct democracy are enjoyed by California's citizens as Americans
(b) Authority: The authority to legislate the creation of the AEA into federal law by a series of state initiatives, determining the will of the majority of American citizens, rests on the absolute sovereignty of each citizen. The absolute sovereignty of American citizens is evidenced in the written record of the deliberations of the Constitutional Convention in 1787, in the ratification procedures of 1787 and 1788 and in Amendments IX and X to the U.S. Constitution.
(c) Board of Directors: The AEA shall be governed by a Board of Directors.
1. Members: Membership in the board may be expanded or contracted by a vote of two thirds of the sitting board members below. The following persons are appointed to the Board of Directors of the American Electoral Administration:
Former Presidents of the United Chairman, National Governors
States Association
444 North Capitol Street, N.W
Former Speakers, U.S. House of Washington, D.C. 20001
Representatives (202) 624-5300
Former Presidents Pro Tempore, Chair, National Conference of
U.S. Senate Lieutenant Governors
P.O. Box 11910
Former Chief Justices, U.S. Supreme Lexington, Kentucky 40578
Court (606) 231-1813
Former Chairmen, Joint Chiefs of
Staff, Department of Defense
Philadelphia II in California 10/30/93
President, National Association of President, AFL-CIO
Secretaries of State 815 Sixteenth Street, N.W.
Iron Works Pike - P.O. Box 11910 Washington, D.C. 20006
Lexington, Kentucky 40578 (202) 637-5000
(606) 231-1803
President, American Civil
President, National Conference of Liberties Union
State Legislatures 132 West 43rd Street
1560 Broadway, Suite 700 New York, New York 10036
Denver, Colorado 80202 (212) 944-9800
(303) 830-2200
President, American Council for President, American Bar Association the Arts
750 North Lakeshore Drive 1East 53rd Street New York,
Chicago, Illinois 60611 New York 10022
(312) 988-5000 (212) 223-2787
American Conservative Union President, American Council on
38 Ivy Street S.E. Education
Washington, D.C. 20003 One Dupont Circle, N.W.
(202) 546-6555 Washington, D.C. 20036
(202) 939-9300
President, American Humanist
Association Chair, Amnesty International
7 Harwood Drive 322 8th Avenue
Amherst, New York 14226 New York, NY 10001
(716) 839-5080 (212) 807-8400
President. Chamber of Commerce of Chairman, Democratic National
the U.S.A. Committee
1615 H Street, N.W 430 South Capitol S.E.
Washington, D.C. 20062 Washington, D.C. 20003
(202) 659-6000 (202) 863-8000
President, Citizens Against Co-Founder, Secretary, Global
Government Waste Exchange
1301 Conneticut Avenue N.W. 2017 Mission Street, Suite 303
Washington, D.C. 20036 San Francisco, CA 94110
(202) 467-5300 (415) 255-7296
President, Common Cause Executive Director, Green
2030 M Street, N.W. Suite 300 Peace
Washington, D.C. 20036 1436 U Street N.W.
(202) 833-1200 Washington, D.C. 20009
(202) 462-1177
President, The Conservative Caucus President, League of Woman 450 Maple Avenue East Voters of U.S.
Vienna, Virginia 22180 1730 M Street, N.W. Suite 1000
(703) 938-9626 Washington, D.C. 20036
(202) 429-1955
Philadelphia II in California 10/30/93
President, National Asian Pacific President, National Congress of
American Legal Consortium American Indians
1629 K Street N.W. Suite 1010 900 Pennsylvania Avenue, S.E.
Washington, D.C. 20006 Washington, D.C. 20003
(202) 296-2300 (202) 546-9404
Executive Director, National President, National Council of
Association for the Advancement of Churches of Christ in the U.SA
Colored People 475 Riverside Drive
4805 Mt. Hope Drive New York, New York 10115
Baltimore, Maryland 21215 (212) 870-2511
(410) 358-8900
President, National Association of President, National Council of Evangelicals Islamic Affairs.
450 Gundersen Drive 764 Lincoln Boulevard
Carol Stream, Illinois 60188 Long Beach, New York 11561
(708) 655-3500 (516) 889-0005
President, National Association of President National Council La Manufactures Raza
1331 Pennsylvania Avenue, N.W. 810 First Street N.E. Suite 300
Washington, D.C. 20004 Washington, D.C. 20002-4250
(202) 637-3000 (202) 289-1380
President, National Education President, People for the Association American Way
1201 Sixteenth Street, N.W. 2000 M Street
Washington, D.C. 20036 Washington, D.C.
(202) 822-7300 (202) 467-4999
President, National Farmers Union President Public Citizen
600 Maryland Avenue, S.W. 2000 P Street, N.W.
Washington, D.C. 20024 Washington, D.C. 20036
(202) 554-1600 (202) 833-3000
President, National Organization for Chair, Republican National
Women Committee
1000 Sixteenth Street, N.W. 310 First Street S.E.
Washington, D.C. Washington, D.C. 20003
(202) 331-0066 (202) 863-8500
President, National Press Club President, Sierra Club
527 Fourteenth Street N.W. 730 Polk Street
Washington, D.C. 20045 San Francisco, CA 94109
(202) 662-7500 (415) 776-2211
President, One World
P.O. Box 2566
Monterey, California 93942
(408) 646-0300
Philadelphia II in California 10/30/93
President, Southern Baptist Chairman, Union of Concerned
Convention Scientists
901 Commerce Street Suite 750 26 Church Street
Nashville, Tennessee 37203 Cambridge, MA 20038
(615) 244-2355 (617) 547-5552
President, Synagogue Council of President, U.S. Catholic America Conference
327 Lexington Avenue 3211 Fourth Street
New York, New York 10016 Washington, D.C. 20017
(212) 686-8670 (202) 541-3000
2. Term: No board member shall serve for more than ten years, whether they be consecutive or in separate periods.
3. Powers: Subject to the Universal Declaration of Human Rights adopted and proclaimed by the General Assembly of the United Nations on December 10, 1948, and subject to national and state laws that do not impair the legislative sovereignty of the citizens of the United States, the board may exercise any powers necessary to organize itself to fulfill its duties. This shall include but is not limited to drawing up bylaws to govern its activities, determine its meetings and elect its officers. The board may select and contract for working facilities, hire a staff, and prescribe their duties and compensation, as well as their own. The board shall apply for and receive funds, incur debt when necessary, and act in any responsible manner as an independent fiduciary. In exercising these powers, the board shall be guided by the practices and conventions of existing governmental bodies.
4. Oath of Office: Before any member of the board takes office, he or she must swear the following oath:
" I (name) swear to defend and uphold to the best of my ability the sovereign right of human beings to democratically create and alter governments, their constitutions and their laws, and to freely choose their representative officers".
(d) Duties
1. Assess the will of the people: The AEA shall develop the means, as is envisioned in Section 12, to facilitate a vote on the Philadelphia II initiative in any jurisdiction in the United States when a petition by qualified voters is submitted to the AEA. The AEA shall facilitate full and free expression of the people's will on the Philadelphia II initiative, on matters of public policy and on the election of delegates to the World Constitutional Convention.
2. Facilitate Elections: The AEA shall hold or cause to be held initiative elections by (i) negotiating with the government officials of jurisdictions where inadequate laws or none exist to permit the citizens of that jurisdiction to vote on the Philadelphia Il Initiative and matters of public policy submitted as initiatives to the AEA; (ii) if those negotiations fail, to hold initiative elections by
Philadelphia II in California 10130/93
advertising a date, time and places convenient to all citizens, where voters may cast their ballot for or against the Philadelphia II Initiative or any other matter of public policy; and (iii) certify the results of said elections. The AEA shall provide for the election of delegates to represent the people of the United States at the World Constitutional Convention after receipt of the formal Call.
3. Prosecute the People's Interests: The AEA shall represent and prosecute the people's interest in any litigation challenging the people's sovereign right to create and alter governments, constitutions and laws.
4. Activate the Convention Secretariat: The AEA shall appoint one of its board members to serve on the board of the Convention Secretariat.
(e) Principal Place of Business: The Monterey Peninsula in the State of California shall be the principal place of business for the AEA.
Section 609 Cooperation
All government jurisdictions shall cooperate to the fullest extent possible to facilitate the exercise of the peoples sovereign right to legislate and to implement the will of the people as expressed in legislation.
Section 610 Initiatives
In order to determine the will of the people, the AEA shall devise and publish regulations and procedures for initiatives--forms, petitions and ballots--and the means to deal with them. Its regulations shall include but not be limited to the following:
(a) Subject Matter. The subject of initiatives shall be matters of public policy. Each initiative shall be limited to one subject, expressed in no more than five thousand words. The accuracy of the descriptive language of the petition shall be determined by the AEA in negotiations with the initiative's sponsors. When requested, the AEA shall provide qualified staff to assist sponsors in drafting initiatives if it is determined that there is a reasonable probability the measure will eventually be submitted to the voters.
(b) Sponsors: The main sponsors names, organizations, and corporate association, if any, shall appear on the face of the petition and the ballot initiative.
(c) Funding: The use of funds to finance the sponsorship and advocacy of an initiative from for-profit corporations or associations backed by for-profit corporations is prohibited. Penalties for reporting false disclosures and the fraudulent use of funds shall not exceed $100,000 in fines and one year in jail per instance for individuals and corporate officers. Funds donated by individuals to finance initiatives shall be tax deductible not-withstanding any other provision of law.
(d) Communications:, The AEA shall publish in relevant media and distribute to all registered voters of relevant jurisdictions, at least thirty days before the vote on the initiative, an unbiased analysis of the initiative to be voted upon.
(e) Disclosures: Disclosure statements by the sponsors of initiatives shall be filed with the AEA listing contributors with identifying information including employment and all other affiliations and amounts of donations. A disclosure report will accompany the filing of the signature petitions, detailing contributions and expenditures from the date the initiative petition was approved for circulation. Another report shall be filed ten days prior to election date, detailing contributions
Philadelphia II in California 10/30/93
to date. The report shall detail all expenditures projected to election day. After the tenth day before the election, initiative sponsors are prohibited from soliciting and accepting contributions, if the contributions are in the aggregate greater than five percent of the total amount contributed in support of the initiative to date. All
reports shall immediately be made available to the public.
(f) Qualifying Petitions: Petitions for national initiatives that propose laws or changes in laws shall be signed by registered voters representing five percent of all those voting in the last presidential election. Petitions for national initiatives that propose a change to the Constitution shall be signed by registered voters representing eight percent of all those voting in the last presidential election. The time period to gather qualifying petition signatures is 365 days for national initiatives. Petitions for state and local jurisdictions that propose laws or changes in laws shall be signed by registered voters representing five percent of all those voting in the last presidential election. Petitions for state and local jurisdictions that propose changes to the constitution or a charter shall be signed by registered voters representing eight percent of all those voting in the last presidential election. The time period to gather qualifying petition signatures is 180 days for state and local initiatives. The AEA shall be guided by the experiences and laws of jurisdictions worldwide that have initiative laws and procedures with particular attention to the 1993 Report and Recommendations of the California Commission on Campaign financing in Democracy by Initiative, Shaping California's Fourth Branch of Government.
Section 611 Appropriations
(a) State Appropriations: There is hereby appropriated from the California General Fund to the Controller of California a sum equal to twenty-five cents times the number of persons living in California as determined by the last census. This sum is to be loaned to the AEA upon its application so that the AEA can carry out its duties and activities under the law. The authorized sum shall be remitted to the AEA within ten days of its application.
(b) Federal Appropriations: There is hereby appropriated from the Treasury of the United States of America a sum equal to the amounts loaned to the AEA by various states. In a funding process similar to existing independent agencies of the United States, the AEA shall submit its annual budget to the U.S. Congress, which shall appropriate the necessary funds from the U.S. Treasury so the AEA can carry out its duties and activities.
(c) Appropriation Authority: A majority vote by registered voters in a jurisdiction makes the appropriation law in that jurisdiction and, more particularly, constitutes a law for purposes of Subsection 7, Section 9, Article I of the U.S. Constitution.
Section 612 Term Commencing from the date that a Philadelphia II Initiative is first approved by a majority of voters in any state of the United States, voters in other state jurisdictions shall have ten years to approve or disapprove Philadelphia II. In the United States, if a majority of registered voters voting do not approve Philadelphia II within ten years, Philadelphia II laws that exist in any state shall be deleted.
Philadelphia II in California 10130/93
Section 613 Applicability
At the time voters approve Philadelphia II in states having a majority of the registered voters of the United States, the Philadelphia II Initiative shall become a federal law and shall be added to the federal code in the appropriate manner. The text of the law created by voter approval of this initiative in California shall be deleted from the state code as the corresponding text is added to the federal code.
Section 614 Effective Date
This act becomes effective when it is approved by a majority of voters voting.
=======================
December 20, 1993 #617
TO ALL REGISTRARS OF VOTERS, OR COUNTY CLERKS. AND PROPONENT (93165)
Pursuant to Section 3513 of the Elections Code, we transmit herewith a copy of the Title and Summary prepared by the Attorney General on a proposed Initiative Measure entitled:
WORLD CONSTITUTIONAL CONVENTION. APPROPRIATION.
INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE..
Circulating and Filing Schedule
1. Minimum number of signatures required ...................................615,958
Cal. Const., Art. II, Sec. 8(b).
2. Official Summary Date ...........................................Monday. 12/20/93
Elec. C.. Sec. 3513.
3. Petition Sections:
- a. First day Proponent can circulate Sections for
signatures ............................................................Monday. 12/20/93
Elec. C., Sec. 3513.
- b. Last day Proponent can circulate and file with
the county. All sections are to be filed at
the same time within each county ..............................Wednesday, 0518/94
Elec. C., Secs. 3513, 3520(a)
- c. Last day for county to determine total number of
signatures affixed to petition and to transmit total
to the Secretary of State ..............................................Tuesday. 0511/94
(If the Proponent files the petition with the county on a date prior to 05/18/94, the county has eight working days from the filing of the petition to determine the total number of signatures affixed to the petition and to transmit the total to the Secretary of State.) Elec. C., Sec. 3520(b).
WORLD CONSTITUTIONAL CONVENTION. APPROPRIATION.
INITIATIVE CONSTITUTIONAL AMENDMENT.
December 20, 1993
Page 4
4. The Proponent of the above-named measure is:
Mike Gravel, President
One World
P.O. Box 2566
479 Alvarado Street
Monterey, California 93942
(408) 646-0300
5. Important Points:
- (a) California law prohibits the use of signatures, names and addresses gathered
on initiative petitions for any purpose other than to qualify the initiative measure for the ballot. This means that the petitions cannot be used to create or add to mailing lists or similar lists for any purpose, including fund raising or requests for support. Any such misuse constitutes a crime under California law. Elections Code section 29770; Bilofsky v. Deukmejian (1981) 123 Cal.App. 3d 825, 177 Cal.Rptr. 621; 63 Ops. Cal.Atty.Gen. 37 (1980).
(b) Please refer to Elections Code sections 41, 41.5, 44, 3501, 3507, 3508, 3517,
and 3519 for appropriate format and type consideration in printing, typing, and otherwise preparing your initiative petition for circulation and signatures. Please send a copy of the petition after you have it printed. This copy is not for our review or approval, but to supplement our file.
- (c) Your attention is directed to the campaign disclosure requirements of the
Political Reform Act of 1974, Government Code section 81000 at seq.
- (d) When writing or calling state or county elections officials, provide the official
title of the initiative which was prepared by the Attorney General. Use of this title will assist elections officials in referencing the proper file.
- (e) When a petition is presented to the county elections official for filing by
someone other than the proponent, the required authorization shall include the name or names of the persons filing the petition.
- (f) When filing the petition with the county elections official, please provide a blank petition for elections official use.
NOTE TO PROPONENTS WHO WISH TO QUALIFY FOR THE NOVEMBER 8, 1994 GENERAL ELECTION: This initiative must be certified for the ballot 131 days before the election (June 30, 1994). Please remember to time your submissions accordingly. For example, in order to allow the maximum time permitted by law for the random sample verification process. it is suggested that proponents file their petitions to county elections officials by April 22, 1994. If a 100% check of signatures is necessary, it is advised that the petitions be filed by March 2, 1994.
