Constitutional Court of the Confederate States of America Writ of Mandamus to the Provisional Government of the Confederate States of America

Section 1:

This Writ is brought under the Common Law Authority of the Constitutional Court on behalf of the People of the Confederate States of America, in compliance with Constitutional and Natural Law.

Section 2:

Whereas the United States of America militarily conquered the Confederate States, and...

Whereas the government of the Confederate States of America never surrendered, and...

Whereas the rightful representatives of the People of the Confederate States were exiled, captured, imprisoned, or otherwise forced against their will to abandon their offices, and...

Whereas the rightful representatives of the People of the Confederate States have subsequently died, and...

Whereas the United States government disenfranchised the People of the Confederate States, and...

Whereas the United States implemented by force a de facto government and de facto Constitutions against the will of the People of the Confederate States, and...

Whereas the People of the Confederate States were subjugated to the will of the United States government, and...

Whereas the People of the Confederate States were conscripted as presumed citizens of the United States, and...

Whereas the Confederate States of America remain a nation under occupation by a foreign invading power, namely the United States of America, and...

Whereas the People of the Confederate States desire to be free, and seek remedy...

Constitutional Court of the Confederate States of America Writ of Mandamus to the Provisional Government of the Confederate States of America The Constitutional Court shall consist of 3 Justices, with one being named Chief among them. The Constitutional Court shall consist of those members already seated prior to this Writ; with any further appointments being made by the Confederate Congress, provided for herein.

The Justices shall hold their office until the court is dissolved by the institution of the de jure government, they die, resign, are convicted for Treason or another Felony, are Impeached, or are removed from office due to debilitation in accordance to law.

The specific powers of the Constitutional Court are:

1. To act as mediator, advisor, and council to the Provisional Government.

2. The superior powers granted County and Appellate Judges, with jurisdiction within the entire nation.

3. To determine if a law or Executive Order is Constitutional. If a majority vote of the Constitutional Court rules that a law or Executive Order in not Constitutional, that law or Order shall be null and void. If the Constitutional Court rules that a law or Executive Order is Constitutional, or if they refuse to hear the case, or make a ruling, the Constitutionality of that particular law or Order shall stand.

4. To initiate a hearing on the Constitutionality of any matter if the Chief Justice believes it is warranted.

5. To make a ruling on an appeal of any conviction.

6. To hear any case that comes before the Judiciary if the Chief Justice deems it necessary and appropriate. The Constitutional Court will act as judge and jury in the matter, and a majority vote is all that is required to render a verdict.

7. To refuse to hear any case except an appeal of conviction.

8. The Constitutional Court is the highest court in the land; their decision is final, and there is no appeal.

9. Upon a ruling by the Constitutional Court, the Chief Justice may choose any of the members of the Constitutional Court in favor of the ruling to write the official ruling opinion of the court. In the case that one or more members dissented, the Chief Justice may choose from among the dissenters to write a dissenting opinion. The opinions of the Court are a matter of public record.

10. To try cases of Impeachment of any office outside the Constitutional Court.

b: Confederate Congress:

The current Security Council shall be transformed into the Confederate Congress, excepting those in the Security Council whose offices shall be provided for below (Example: The Secretary of State will be the Secretary of State, NOT a member of the Confederate Congress). The current incarnation of the Confederate Congress shall serve for 2 years from the date of the issuance of this Writ and then shall be dissolved. From the moment of the dissolution, each Confederate State and Territory shall, in the manner of their own choosing, send 2 delegates to serve on the Confederate Congress. Each delegate shall serve at the pleasure and discretion of the State or Territory he represents.

Each year, the Congress shall choose from among its members someone to serve as President and someone to serve as President Pro Tempore to temporarily preside over the Congress in place of the President in his absence.

 Congress may choose their officers, and rules of conducting the business of Congress. Until such time as Congress establishes rules of conducting business, or in times of absolute necessity, the most current version of the official Robert's Rules of Order shall be used by default.

Every vote of Congress shall be a matter of Public Record; and Congress shall keep a journal of its meetings to be a matter of Public Record, excepting such parts deemed absolutely necessary to remain secret, in accordance to Law.

Each Delegate, excepting the President (and the President Pro Tempore when acting as President), shall have 1 vote pertaining to business before Congress.

Every Bill, Law, Order, or Resolution that passes the vote of Congress shall be presented to the President for approval or disapproval. If the President approves the item, it shall go in to effect. If the President disapproves of the item, he may Veto it, listing any objections. The President's objections shall be listed in the Congressional Journal, and they may vote to overturn the Veto. A 67% majority vote of Congress overturns a Veto, and passes the item in question. The President has up to 14 days to make a determination to approve or Veto an item, if he has not made a determination after 14 days of receiving the item, it shall be as if he has approved it; unless adjournment of Congress prevented its return, then the item shall be as if the President has vetoed the item. Items that are exempted from being presented to the President for approval, are items pertaining to the internal rules of procedure, matters of adjournment, punishment of the members of Congress, votes to expel a member of Congress, and Impeachments.

The Specific Powers of the Confederate Congress:

1. To create Legislation pertaining to constitutionally valid and allowed matters. No legislation may be voted on until it has been read, and each Delegate must affirm that he has read the legislation. No legislation may pass without a 51% majority vote of Congress.

2. To establish and maintain a National Book of Law, which shall pertain to the Confederacy as a whole, and shall be a matter of public record.

3. To establish the date and time of regular sessions of the Congress; which shall be open to the public.

4. To have a private session of Congress, within a current session, when National Security demands it, in accordance to law.

5. To listen and respond to grievances of the Citizenry, in accordance to law.

6. To listen and respond to the advice of the Citizenry, in accordance to law.

7. To establish borders in accordance to law.

8. To establish Territories, and accept States into the Confederacy, in accordance to law.

9. To set the Standards of Weights and Measures.

10. To establish and maintain a small standing military in peacetime for the defense of the Nation, in accordance to law. The military shall at all times be subservient to the Civil Authorities and may not be used to enforce any civilian law, except to defend the borders of the country from invasion. The standing army during peacetime shall not exceed membership greater than one-one-hundredth the number of male citizens aged 18 to 45.

11. To establish and maintain an active military in times of war. The military shall at all times be subservient to the Civil Authorities and may not be used to enforce any civilian law, except to defend the borders of the country from invasion.

12. To make rules for the Governing and Regulation of the Military Forces.

The specific powers of the President are:

1. The President is the Commander in Chief of the Military, the Citizen Militia when given for National service, National Emergency Services, and National Law Enforcement Agents (such as the Attorney General).

2. To oversee the day-to-day administration of the National Government.

3. He may grant pardons and reprieves for all crimes and offenses except in cases of Impeachment.

4. He may, with the approval of a 67% majority vote in Congress, make Treaties.

5. He may, with the approval of a simple majority vote in Congress, appoint Ambassadors, public Ministers and Consuls, Judges of the Constitutional Court, and any other officer whose appointments are not otherwise provided for, or are established by Law. Congress, however, may by Law vest the appointment of such inferior officers, as they think proper, in

the President alone, in the Courts of Law, or in the Heads of Departments.

6. He shall preside over Congress, and Shall have the power to convene a special session of the Congress for the purpose of handling a specific issue. The President shall have a voice, but no vote in Congress.

7. He has the power to adjourn a special session of Congress, and sessions convened for the purpose of addressing Congress. He may adjourn a regular session of Congress if they have been in session for a period exceeding 180 days.

8. He has the power to receive ambassadors and other public ministers.

9. He has the power to approve or Veto legislation passed by the Congress.

10. He has the power to prepare and submit a National Budget for approval by Congress.

11. As Commander in Chief, the President has the power to invoke limited military action deemed absolutely necessary for the defense and protection of the Confederacy, its citizens, jurisdiction, vessels, holdings, or interests, upon his order in accordance to law.

12. He has the power to issue an Executive Order. An Executive Order is a law or commandment in effect, with all the power of Law, on the authority of his office. An Executive Order can only be rescinded or invalidated by the President, a 67% majority vote of Congress, Repeal by referendum of the Citizenry, or by a ruling of the Constitutional Court on the grounds of the Order being Unconstitutional. Executive Orders shall be made a matter of Public Record. Limits on the Power and Scope of Executive Orders: Executive Orders may only be used to reorganize, create, merge, or dissolve agencies within the executive branch; reassign functions among agencies within the executive branch; establish advisory panels; establish investigative commissions; regulate conduct within the executive branch; grant pardons, clemency, and reprieves of the accused and convicted; and execute and enforce the law within the limits of the Constitution.

c: Confederate Clerk and/or Treasurer:

The Confederate Clerk and/or Treasurer is a member of the Executive Branch who processes and preserves all government documents; licenses; registrations; notices; ballots; election results; official maps; vital records; and public records.

The Confederate Treasurer may act as Confederate Clerk in the absence of a Clerk and vice versa. The Clerk/Treasurer is to be appointed by the Confederate Court, and serves at their pleasure and discretion.

The Confederate Clerk and/or Treasurer has the following specific powers:

1. To oversee the day-to-day administration of the Office of the Confederate Clerk.

2. To hire and fire assistant clerks in accordance to law. Those clerks acting under the authority of a "Treasurer" or "Clerk" will hold the title "Assistant Clerk"

3. To act as Confederate Treasurer in the absence of a Treasurer, Clerk of the Courts, Notary Public when necessary and National and Court Recorder.

4. To attend each session of regular Court when in session (not meetings or deliberations among Constitutional Court Justices) and National Government and make transcripts of all proceedings.

5. Process all Civil and Criminal cases.

6. Prepare and process Court records; court transcripts; court orders, writs, subpoenas, warrants

and other official documents.

7. Oversee selection of potential jurors.

8. Supervise the processing of fines and forfeitures.

9. Collect and disburse fines, fees, court costs, forfeitures, and service charges.

10. Conduct foreclosures.

11. Issue, process, and preserve permits, licenses, passports, identification, registrations, and vital records.

12. To oversee the election process, prepare and issue ballots and record election results in accordance to law.

13. Maintain a library of all official documents, records, maps, or other information that is handled by his office.

14. To make official copies of items within the Clerks Library in accordance to law.

15. Maintain legal custody of the Confederate Seal; and all evidence and exhibits entered by the court.

16. To serve as a Court Appointed guardian, administrator, executor, conservator, or commissioner when necessary.

17. To Audit Confederate Government.

18. To act as a Notary Public and to oversee all National Notaries Public.

19. To publish and post all Public Notices.