Petition Closed

Charter of Federal Establishment

PREAMBLE
Assuming among the powers of the earth, a separate and equal station to which the laws of nature entitle us as a sovereign People, taking into our most serious consideration, the best means of assuring our continued constitutional rights of self-governance, as our ancestors in like cases have done, for asserting and vindicating our unalienable rights and liberties, have and do hereby, associate ourselves together, to form, ordain, assemble, and establish, this National General Assembly of the United States as an Independent Establishment of the Federal Government under the laws of the United States, exercising specific corporate and political functions for public benefit with complete administrative authority and fiscal independence. We do hereby make, execute, and adopt the following Charter of Federal Establishment as a mechanism of redress, acknowledging and hereby stating, such actions shall constitute an entity on equal station with each of the three loci of the central government.


ARTICLE I
NAME

Section 1. Name of the Establishment The name of the establishment shall be: The National General Assembly of the United States (Assembly) and may do business under the acronym NGAOTUS.

Section 2. Creation and General Provisions This Charter defines a modern and participatory democratic institution, established under the laws of the United States, as an independent establishment of the federal government pursuant to 5 U.S. Code § 104. The Assembly is designed as a parallel body politic and corporate in such form as to best facilitate civic education, participation and engagement in pursuing unobstructed, its public benefit mission.

Section 3. Federal Charter  Pursuant to the 1st and 14th Amendments, this Charter officially formalizes an association of Citizens of the United States as a parallel federal entity. The National General Assembly of the United States is a federally chartered, issue advocacy, nonprofit corporation organized to influence an issue or policy, or the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office. The Assembly shall maintain its status as an organization exempt from taxation under 26 U.S. Code § 527 for said purpose.

Section 4. Governing Law This Charter is self-executing at the time of its publication via electronic and print media as no legislation is required to make it operative. It shall be governed by the laws of the United States regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof. This Charter shall supersede obstructive or otherwise conflicting State law and regulations in accordance with Article VI, Clause 2 of the United States Constitution.

Section 5. Statutory Authority An Independent Establishment of the Federal Government is hereby created under and by virtue of, pursuant to, and in accordance with the 1st, 9th, 10th and 14th Amendments to the United States Constitution, Title 5 §104, and Title 26 §527 of the United States Code, United States Statutes at Large, Volume 1 and any and all other applicable laws of the United States. Notwithstanding Federal laws and regulations to the contrary, the Establishment shall be considered and treated as an independent body politic and corporate established solely for the public benefit purposes enumerated herein.

Section 6. Parliamentary Authority

Section 6.01 Robert’s Rules of Order The most current version of Robert’s Rules of Order, Newly Revised, shall be the parliamentary authority for all matters of procedure not specifically addressed within this Charter.

Section 6.02 Standing Rules The governing boards may adopt standing rules to govern their activities, provided they do not conflict with this Charter. The adoption, amendment, and repeal of standing rules shall require approval by majority vote of the Board in question, except that standing rules that conflict with Robert’s Rules of Order, Newly Revised, shall require approval by two-thirds majority. Standing rules shall be compiled, published, and maintained by the Recording Secretary of the relevant Board. All standing rules shall expire at the conclusion of each annual Convention, at which time the incoming Board may re-adopt them.

Section 7. Effective Date The Assembly commenced its pre-operational existence on March 14th, 2013.

Section 8. Period of Existence The period of existence for the Assembly shall be perpetual.

Section 9. Registered Agent The name and address of the registered agent of the Assembly is Jon Huizer, 118 W Mechanic St., Frostburg, MD 21532

Section 10. Principle Place of Business The principle business activities of the Assembly will be facilitated and conducted at http://www.ngaot.us or in such other physical or electronic locations as the governing boards may from time to time determine.

Section 11. The Great Seal of the National General Assembly The Great Seal of the National General Assembly shall be as hereinabove affixed.

Section 12. Latin Motto Quis custodiet ipsos custodes. Trans. “Who will guard the guards?”

Section 13. Exclusive right to emblems, badges, marks, and words
The Assembly has the exclusive right to use the name “The National General Assembly of the United States,” the acronym “NGAOTUS,” “The National General Convention,” “The United States General Convention,” and any other seals, emblems, and badges the Assembly may from time to time adopt.

Section 14. Personal Liability and Indemnification No member, officer, director, trustee, or commissioner of the Assembly shall be personally liable for the debts or obligations of the Assembly of any nature whatsoever, nor shall any of the property of the members, officers, directors, trustees, or commissioners be subject to the payment of the debts or obligations of the Assembly. The Assembly shall therefore indemnify any member, officer, director, trustee, or commissioner from any liability regarding the Assembly and the business it conducts, unless the person fraudulently and intentionally violated the law and/or maliciously conducted acts of damage and/or defrauded the Assembly, or as otherwise provided under applicable federal law.

Section 15. Severability Each term and provision of this Charter shall be valid and enforceable to the fullest extent permitted by federal law and any invalid, illegal or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the public benefit intention of the invalid, illegal or unenforceable term or provision.

Section 16. Construction The text of this Charter shall be construed pursuant to the 9th Amendment of the United States Constitution, so as to effectuate the public benefit purposes herein contained. The enumeration of any powers within this Charter shall not be construed as a limitation upon the Assembly’s general, executive, or incidental powers unless the context clearly indicates otherwise. Except as limited by the United States Constitution, applicable federal laws and this Charter, the Assembly shall possess and may exercise all lawful powers conferred by the laws of the United States, as well as, all powers necessary and proper to effect the purposes for which the Assembly is organized and any ancillary corporate functions incident thereto within the meaning of Title 5 §104, and Title 26 §527.

Section 17. Inurement of Income No part of the earnings of the Assembly shall inure to the benefit of or be distributed to its members, officers, directors, trustees, or commissioners or other private persons, except that the Assembly shall be empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article III; and no member, officer, director, trustee, or commissioner of the Assembly, or any private individual shall be entitled to share in the distribution of any of the Assembly’s assets upon dissolution.

Section 18. Dissolution In the event of dissolution, the Board of Directors shall, after paying or making provisions for the payment of all the liabilities of the Assembly, dispose of all the assets of the Assembly exclusively for the purposes of the corporation in such a manner, or to such organization or organizations organized and operated as a tax exempt organization in accordance with the Internal Revenue Code of 1986.

ARTICLE II
Vision, Mission, and 1st Principles

Section 1. Vision Statement A modern democratic institution facilitating civic education, participation, and engagement by means of a monetized, state-of-the-art digital infrastructure.

Section 2. Mission Statement   The Assembly is formed and shall be operated exclusively to advance the local, state, and national political interests of its members by facilitating those programs, projects, and initiatives that they may collaboratively develop and publish. The Assembly seeks to provide online educational opportunities for citizens to more effectively participate and engage in the political arena; and thus influence an issue or policy, or the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office.

Section 3. Statement of Principles  The principles herein stated, define a public benefit framework, within which the Assembly shall operate.

Section 3.01    Material Public Benefit The Assembly has a purpose of creating a mutual benefit for its members, as well as, a material public benefit for society and/or the environment as a whole.

Section 3.02    Transparency and Accountability The Board of Trustees in its capacity as a governing advisory board has a mandate to ensure that the Assembly operates transparently and in an accountable manner.

Section 3.03    Social Responsibility The Assembly architecture is designed with an emphasis on the importance of placing people above profits.

Section 3.04    Knowledge Management and Education Civics and related curriculum are a prerequisite for effective deliberation.

Section 3.05    Post-partisanship, Fairness and Equality The Assembly offers its services to all interested parties equally, regardless of affiliations or political beliefs.

Section 3.06    Factual, Issue Advocacy Platform The Assembly is designed to encourage, promote and facilitate reasoned, fact-based, agreement-seeking discussion and discourse on any issue of local, state, or national importance. The Members of the Assembly define its platform.

ARTICLE III
PURPOSES

The Assembly is formed for three primary public benefit purposes:
1)      To engage in any lawful act or activity for which an Assembly may be organized with reference to the 1st Amendment of the United States Constitution.

2)      To establish an independent and enduring body politic and corporate, for public benefit, that embodies and enshrines the provisions of the 1st, 9th, 10th and 14th amendments to the United States Constitution affirming that the source of all sovereign power is the Citizens of the United States.

3)      To leverage enabling technologies that facilitate and promote the furtherance of the Assembly’s mission to influence an issue or policy, or the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office.

To further such purposes, the Assembly will provide digital communications to:

1)      Promote and facilitate civic education, participation and engagement;

2)      Facilitate access to relevant information, tools and resources;

3)      Facilitate effective social collaboration for research, deliberation, and decision-making;

4)      Facilitate issue advocacy campaigns;

5)      and through the above activities, increase the pool of informed citizens so necessary to the well-being of American democracy.

The foregoing are exemplary of the activities of the Assembly, but shall not be taken to preclude other activities which may advance the public benefit purposes of the Assembly. To that end, the Assembly shall pursue, undertake, assist with, promote, and otherwise facilitate the development and execution of any relevant activity which may advance the aforementioned public benefit purposes.

ARTICLE IV
Assembly Restrictions

Section 1. Federal Appropriations Until such time as this Section is amended in accordance with Article VII of this Charter, the Assembly is restricted from receiving Federal Appropriations and no money shall be drawn from the Treasury of the United States, including in Consequence of Appropriations made by Law.

Section 2. Coordination with Candidates or Parties The Assembly is restricted from coordinating with a state or federal candidate or his or her party.

Section 3. Express Advocacy
The Assembly is restricted from express advocacy for or against federal or state candidates.

ARTICLE V
Assembly Governance

Section 1. Governance in General The Governance of the Assembly is vested entirely in the Membership of the Assembly, and delegated as appropriate or required, to the governing boards, independent commissions, committees, task forces, and such assemblies, councils, and working groups that the governing boards may, from time to time, establish. The number of Directors, Trustees, and Commissioners; their powers and duties, qualifications, tenure, and manner of election or appointment shall be determined pursuant to this Charter and the Assembly’s Bylaws.

Section 2. The National General Convention The annual meeting shall be in the form of a National General Convention and it shall serve as the supreme deliberative body of the Assembly. In the course of its activities, it shall exercise such rights and powers, herein conferred or otherwise implied, as to ensure the Assembly’s dual corporate and public benefit mission.

Section 3. The National General Assembly The National General Assembly shall be of a perpetual nature and maintain operational activity between Conventions. It shall serve as a participatory mechanism in which members may create, consider and deliberate a continuous series of content, or collaboratively initiate and develop projects, programs, proposals, operational policies and national platform issues by means of deliberative polling and other social media tools provided by the Assembly’s online parliamentary interface.

Section 3.01 Membership in General Members shall have the same rights and obligations with respect to voting, dissolution, redemption and transfer, unless the Charter or Bylaws establish additional classes of membership with different rights or obligations. These rights or obligations, as well as, eligibility, dues, benefits and privileges for each class of membership shall be as adopted under the direction of the Board of Directors within the Bylaws of the Assembly. Until such time as this Section is amended in accordance with Article VII of this Charter, the Assembly consists of four (4) classes of membership.

Section 3.011 Citizen Membership The Assembly shall have a class of membership composed entirely of Citizens of the United States registered or eligible to vote in United States elections.

Section 3.012 Resident Membership The Assembly shall have a class of membership composed entirely of non-Citizen residents of the United States who are not registered or eligible to vote in United States elections.

Section 3.013 Honorary Membership The Assembly shall have a class of membership composed of any person who, by majority vote of the board of directors, is determined to have made a significant contribution to the advancement of the objectives of the Assembly. Honorary members are eligible for election to the Board of Trustees.

Section 3.014 Corporate Membership The Assembly shall have a class of membership composed entirely of incorporated persons, such class of membership shall be further divided by the incorporated person’s tax status as determined by the Internal Revenue Service.

Section 3.02 Independent Governing Boards Each Board shall determine the rules of its proceedings, establish committees, elect officers, and punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member, a majority of each shall constitute a quorum to do business; each board shall keep a journal of its proceedings, and from time to time publish the same.

Each governing board shall draft and approve their own bylaws, at their first regular meeting, which shall constitute the Assembly’s bylaws and may be amended by a majority vote of the relevant governing board at any regular or special meeting so long as they are not inconsistent with the provisions of these articles of incorporation.

Section 3.021 The Board of Directors The Board of Directors (Board) provides strategic leadership and fiduciary oversight as it works to ensure progress toward the Assembly’s organizational goals. The first board of directors shall hold office until the first annual meeting of directors, at which an election of directors shall be held. Thereafter, the term of office of each director shall be three, two, and one year, respectively, and until the next annual meeting of directors following the expiration of his or her term and the qualification of his or her successor in such office, and all subsequent terms of office shall be three years. The board of directors may increase its number, but not to exceed fifteen (15). Vacancies in the board of directors may be filled by special election called by the chairman. The board of directors may designate a list of associate directors who shall become directors in the event that all director positions shall become vacant before an election can be held.

Section 3.022 The Board of Trustees The Board of Trustees (Trust) is charged with the responsibility of advising the Board of Directors in managing the Assembly’s dual corporate and public benefit missions. The first board of trustees shall hold office beginning the first annual meeting. The term of office of each trustee shall be three, two, and one year, respectively, and until the next annual meeting of trustees following the expiration of his or her term and the qualification of his or her successor in such office, and all subsequent terms of office shall be three years. The board of trustees may increase its number, but not to exceed one hundred fifty (150). Vacancies in the board of trustees may be filled by special election called by the chairman. The board of trustees may designate a list of associate trustees who shall become trustees in the event that all trustee positions shall become vacant before an election can be held.

Section 3.023 The Board of Commissioners The Board of Commissioners (Commission) is an independent, third-party regulatory commission exclusively entrusted with the legal, regulatory compliance, and exercise of the Assembly’s administrative authority. The Commission shall consist of one representative for each political party represented in the lower house of the legislature of the representative’s state. Each commissioner shall have been elected, appointed, or otherwise selected as a commissioner, by the legislature, to the Assembly in a manner consistent with applicable state law. The Commission will be chaired by a Conservator General, appointed by the President of the United States on the advice and consent of the Senate, for a single term of 6 years.

Section 3.0231 The National Record The National Record is the official journal of the Commission and shall contain Assembly rules, proposed rules, petitions, and public notices.

Section 4. Compensation In accordance with Article 1, Section 17 of this Charter, the Assembly’s monetized platform is designed to pay reasonable, role-specific, compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article III.

Section 5. Civil Office Restriction No member of the Board of Directors or the Board of Trustees shall, during the time for which he or she was elected or appointed as the case may be, be appointed to any civil office under the authority of the United States, which shall have been created, or the compensation whereof shall have been increased during such time; and no person holding any office under the United States or in any of the States thereof, shall be a member of either board during his or her continuance in office.

ARTICLE VI
POWERS

Section 1. Powers in General Until such time as this Section is amended in accordance with Article VII of this Charter, the Assembly shall have in furtherance of the aforesaid purposes all of the powers conferred upon it by the Constitution of the United States and this Charter of Federal Establishment. The Assembly shall have the power in its own name to do any of the following:

Section 2. Corporate Powers         

1)      To sue and be sued in all courts and to participate in actions and proceedings, whether judicial, administrative, arbitrative or otherwise, in like cases as a natural person

2)      To enforce by any legal means the provisions of this Charter and the rules and regulations promulgated by the Assembly. Such legal means include, but are not limited to, proceedings at law or in equity or the levying of fines

3)      To adopt and amend bylaws, regulations, and procedures for the governance of its affairs and the conduct of its business and to designate an official journal

4)      To adopt, use, and alter at will an official seal

5)      To contract with any person, partnership, association, or corporation

6)      To establish the departments, divisions, offices and other bodies as may be required to effectuate the purposes of the Assembly

7)      To open accounts at financial institutions as necessary for the conduct of its business and to invest any funds held in reserves, or any funds not required for immediate disbursement in such investments as may be provided in any financing document relating to the use of such funds, or, if not so provided, as the relevant Board may determine

8)      To purchase, receive, take by grant, gift, devise, bequest or otherwise, lease, acquire, own, hold, improve, employ, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated

9)      To sell, convey, lease, exchange, transfer or otherwise dispose of, all or any of its property or any interest therein, wherever situated

10)  To contract for the services of planners, financial consultants, and other experts and, separate and apart thereof, to employ such other persons as it deems necessary

11)  To do business, carry on its operations, and have offices and exercise the powers granted by this Charter in any jurisdiction within the United States

12)  To originate and qualify amendment initiatives in a manner consistent with this Charter and pursuant to the 1st, 9th, 10th, and 14th Amendments of the United States Constitution

13)  To have and exercise all other general and incidental powers as shall be necessary or appropriate in conducting the business of the Assembly

Section 3. Executive Powers

1)      To exercise administrative authority and make all regulations which shall be necessary and proper to carry out fully the purpose of this Charter in execution of the foregoing powers, and all other powers reserved by the Constitution in the governments of the several States, or in the People thereof, not inconsistent with this Charter and any applicable federal law.

2)      To enter into agreements with a public or private entity, to permit the entity, independently or otherwise, to construct, maintain, repair, or operate projects, and to authorize the investment of public and private money to finance such projects, subject to compliance with state law relative to use of public funds.

3)      To issue bonds for any corporate purpose, including the development, construction, or financing of any project which this Charter is authorized to acquire or construct, including all costs in connection with and incidental to such acquisition or construction and the financing thereof.

4)      To issue bonds and pledge revenues for the payment of the principle and interest of such bonds, for any corporate purpose, including the development, construction, or financing of any project which this Charter is authorized to acquire or construct, including all costs in connection with and incidental to such acquisition or construction and the financing thereof. The Assembly is further authorized, in its discretion, to pledge all or part of any gift, grant, donation, aid, assistance, proceeds of bonds, credit agreements, instruments, or otherwise any sum of money, from whatever source derived, for the securing of the payment and interest of the bonds.

5)      To call for, constitute, finance and execute independent investigative and regulatory commissions;

6)      To issue subpoenas, obtain information from any federal agency and conduct hearings;

7) To establish exclusive administrative and financial authority over any instance of a convention to propose amendments under Article V of the United States Constitution;

8) To exercise administrative authority wherever possible to assist the Assembly in the production, operation, facilitation, management, administration, logistics, and financing for any instance of a convention to propose amendments under Article V of the United States Constitution;

ARTICLE VII
MEETINGS, CONVENTIONS, and AMENDMENTS

Section 1. Meetings in General  Regular meetings of any Board, Committee, Commission, General Assembly, or Working Group or other such deliberative body organized in a manner consistent with this Charter, shall be held with notice at such times as may be fixed by that assembling entity. Each such entity is free to adopt its own organizing documents defining all necessary provisions for the proper facilitation of any such meeting.

Section 2. Special Meetings to propose Charter amendments  On application of two-thirds (2/3) of the Members of the Board of Directors, to propose amendments to this Charter, the Board of Trustees shall call a special meeting, either a virtual Assembly or physical Convention augmented by virtual Assembly, for said purpose, which, shall be valid to all intents and purposes, as part of this Charter, when ratified by a two-thirds (2/3) majority affirmative vote of the Board of Trustees,  provided that, the number of Members on each of these Boards shall be, not less than three (3).

Section 2.01 Trust Veto The rejection of an amendment proposal under this Section constitutes an explicit veto power of the Board of Trustees over the Board of Directors.

On application of three-fifths (3/5) of the Members of the Board of Trustees or qualification of a charter proposal initiative, to propose amendments to this Charter, the Board of Directors shall call a special meeting, either a virtual Assembly or physical Convention augmented by virtual Assembly, for said purpose, which, shall be valid to all intents and purposes, as part of this Charter, when ratified by a two-thirds (2/3) majority affirmative vote of the Membership of the Assembly provided that, the number of Members on the Board of Trustees shall be, not less than five (5) and the number of members of the assembly shall be, not less than one thousand (1000).

Section 3. Public Hearings to propose regulations At any time, necessary and in a manner consistent with the Administrative Procedures Act, the Commission may propose regulatory actions effecting the Assembly, call a public hearing, make notice of proposed rule-making and expose questions to public deliberation. A proposed rule will become binding when ratified by a three-fourths (3/4) affirmative vote of the Commission provided that, the number of State Commissioners shall be, not less than eight (8).

Section 3.01 Any interested person may petition the Commission or any other Federal Agency for an advisory opinion or for the issuance, amendment, or repeal of a rule.

Section 4. Special Convention to certify amendment initiatives to the United States Constitution Upon Qualification of a Constitutional Initiative, the Board of Directors shall Call for a Convention, augmented by virtual Assembly, to propose such initiative, which, shall be valid to all intents and purposes, as a Certified Amendment Proposal, when assented by the legislatures of two-thirds (2/3) of the several States. Such action exhausts the role of the States in the application process petitioning Congress to call a Convention to propose amendments under Article V of the United States Constitution.

Section 5. Special Convention to propose Certified Amendment Initiatives to the United States Constitution Upon the Certification of a Constitutional Amendment Initiative, the Assembly shall call upon Congress to perform its obligatory act of calling for a Convention to propose amendments, in a manner consistent with the provisions of Article V of the United States Constitution, as amended. A Certified Amendment Initiative shall be valid to all intents and purposes, as part of the Constitution, when ratified by the legislatures of three-fourths (3/4) of the several States, or by conventions in three fourths (3/4) thereof, as the one or the other mode of ratification may be proposed by Congress.

ARTICLE VIII
LIMITED LIABILITY

The Assembly is an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the Assembly shall be satisfied exclusively from the assets and credit of the Assembly; no creditor or other person shall have any recourse to its assets or credit on account of any debts, obligations, liabilities, acts or omissions of the Assembly.

 

 

 

 

This petition was delivered to:
  • Senator
    Mitch McConnell
  • Senator
    John Cornyn
  • Senator
    John Thune
  • Senator
    Roy Blunt
  • Senator
    Roger Wicker
  • Senator
    John Barrasso
  • Senator
    Harry Reid
  • Senator
    Dick Durbin
  • Senator
    Charles Schumer
  • Senator
    Patty Murray
  • Senator
    Jon Tester
  • Senator
    Bernie Sanders
  • Governor
    Chris Christie
  • Jeb Bush
  • Senator
    Jeff Sessions
  • CNN
  • FOX News


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