Texas Constitutional Convention Updates

Summary of 8/9 November 1997 Meeting (Rough Notes)

Session called to order at 9:45 am, secretary called roll and certified a quorum. Present - Don Henson, Sara Lowe, Archie Lowe, Charles Doreck, Ray Wanjura, Jay Baggett, Cloyce Williams, Karen Williams, Jerry Simmons for Monty Barnett, Bobbie Sudbury for Robert Sudbury, Wes Burnett.

Motion by Wanjura to correct minutes, page 2, to show that Article IX, The People, was removed from the constitutional structure rather than just the agenda, second by Cloyce;motion carried. Motion to accept minutes as amended, by Burnett, Wanjura second, carried unanimously.

Treasurer's report - expenses of $127.77 to secretary for mailouts and copies to date, balance of $393.05.

No resignations received to date; no delegates have missed two consecutive sessions with possible exception of James Gamble who will cease to be a seated delegate if he is not present by 11 am. New delegates called for by Chair, and Steve Baggett of Lubbock applied for delegation status. Motion to accept by Wanjura, Karen Williams second, vote to accept unanimous.

Report from Site and Calendar committee, Wes Burnett, delegates agreed by consensus to continue to meet in Brownwood on second weekend of each month. Comments by Mr. Lowe cautioning this convention to stay in session as long as needed, consider what was done by Austin in recent vote by a few uneducated voters to allow legislature to change the constitution of 1876, giving power of one branch of their government over branches meant to provide checks and balances, but cannot grandfather this convention as long as it continues in session.

Report from Lawful Process committee by Wes Burnett, chair: original idea was to request de facto State of Texas to place this constitution on the ballet, and if that fails, to organize by county to bring to a vote, if provision made per US const Article 7 concept, which allowed 9 of 13 states to ratify const, use 176 counties for same percentage, and those counties who ratify would begin have adopted the const they voted to accept.

Wanjura raised point of order that no invocation had yet been given. Mr. Lowe gave the invocation.

Chair offered to entertain motion to tentatively renumber the articles in the emerging constitution as per written proposal. Burnett so moved, second by Wanjura. Motion carried unanimously.

Next item on agenda being fine-tuning of previously approved wording, Henson discussed the issue of clarifying the right to property ownership and removing reputation from section 4 of Article 1.

Burnett moved, Wanjura second, to add to section 4 that "Property is the right to control the use of a resource." Discussion of whether it's redundant, Burnett withdrew the motion.

Wanjura moved to add to the end of Article 1, Section 4, "Every individual has an inherent right to the ownership, non-coercive acquisition, and use of property. The ownership and use of property shall never be limited or infringed except by due process of law as defined in this constitution. Burnett second. Discussion of rewording to clarify. Motion carried unanimously.

Cloyce Williams moved to delete the word reputation from section 4, Article 1, Jerry Simmons second. Discussion about reputation as not being something owned by an individual, have no control over what others think. Motion carried unanimously.

Cloyce Wailliams moved that we add 'or reputation' to the end of The Law, Section 2, Wanjura second. Discussion of whether this would include writing an editorial criticizing a public figure, agreed this issue should not be defined but left to a jury to determine. Motion withdrawn.

Recess declared for five minutes at 10:50 a.m., reconvened at 11:00 a.m.

Law Committee report: Chair suggested that convention go to open forum as committee of the whole for purposes of discussion. Wanjura and Burnett requested that first the delegates complete work on Article 2, limits of government. By consensus delegates agreed, and Chair passed the gavel to Wanjura to moderate discussion of committee of the whole. Wanjura read report from Limits committee, proposal for Article II. Discussion of whether the people are the government, or whether the people own the goernment as a tool for their use, and can restrict it in the constitution.

At 12:05 p.m. Wanjura returned the gavel to the Chair and the session recessed until 1:30 p.m. and reconvened at 1:45 p.m. The Chair passed the gavel to Wanjura to moderate the committee of the whole in continuance of the discussion on limits of government. Committee of the whole recessed for 15 minutes at 3:45 p.m. Reconvened at 4:02 p.m.

Report of committee of the whole as amended follows:

Section 1. Government has no rights or powers.

Section 2. Government shall never infringe individual rights nor modify any governmental duties, responsibilities, or forms as specified in this constitution.

Section 3. Government shall never operate outside the limits of a budget and shall never exceed 90% of the revenue collected the previous year.

Section 4. Government shall never grant monopolies or perpetuities nor in any way restrict or control the free flow of trade within or across the geographical boundaries of Texas.

Section 5. Government shall never hinder individuals from assembling and training with arms for the collective defense of life, liberty, or property.

Section 6. Government shall never restrict or control the manufacture, sale, purchase, ownership, storage, transportation, or carry of any arms, parts, accessories, or ammunition.

Section 7. Government shall never issue charters, licenses, certificates of competency, or any form of recognition or registration for any organizations or individuals.

Section 8. Government shall never promote, control, or interfere with any religious or philosophical organization or activity.

Section 9. Government shall never restrict or control the free flow of ideas using any present or future form or medium of expression.

Section 10. Government shall never infringe the inherent right to privacy of any individual.

Section 11. Government shall never operate, own, control, or fund any means of education not specifically related to performing the functions of government authorized by this constitution.

Section 12. Government shall never infringe the right of the free movement of individuals within or across the geographical boundaries of Texas.

Section 13. Government shall never borrow money nor pledge the assets of individuals or non-governmental organizations.

Section 14. Government shall never offer or provide gifts, subsidies, or assistance of any kind to any individual, group of individuals, organization, or nation.

Section 15. Government shall never accept gifts, subsidies, or assistance of any kind from any foreign government, organization, or nation.

Section 16. Government shall never issue currency or cause currency to be issued.

Section 17. No organization created, controlled, employed or empowered by government shall violate any section of this article.

Wanjura passed the gavel to the Chair and convention returned to formal session at 5:20 p.m. Burnett began a motion - POO by Wanjura to submit the motion in writing - Burnett moved that the following wording be entered as Section 5 of Article 3, The Law: Except in the case of a crime in progress, no individual shall be detained, imprisoned, nor held against his or her will in any manner, unless a lawfully executed warrant specifying the charges has been issued in accordance with this constitution. Second by Wanjura. Motion carried.

Consensus of the delegates to address the issue of writ of habeas corpus, motion by Wes Burnett to place the written article on Habeas Corpus in Section 6, Article 3, The Law. Second by Steve Baggett. Discussion of purpose of habeas, when to use it, how it works, problems in current system.

When an individual has been restrained in or denied his or her liberty, any individual may petition any justice of any court of common justice for a writ of habeas corpus. The request for writ shall be addressed by name or title to the individual holding the individual in question, and shall describe the individual being held by any means that will allow the individual to be identified. The request must show cause and sufficient evidence to warrant action on the writ and must be supported by oath or affirmation of the content. The request for a writ of habeas corpus shall never be disregarded and shall be acted upon by the individual holding the individual in question with all haste and never later than eight hours after the request is presented. Any official who refuses to act on a lawfully executed request for writ or who delays action on a lawfully issued writ shall be held accountable under the law. Any justice who is approached with evidence of such delay or refusal shall immediately issue a warrant for the arrest of the official in question. Any justice or official found to have aided or abetted another in such delay or refusal shall be held accountable for the same cause.

Motion carried unanimously. Session recessed at 6:05 p.m. until 9:00 a.m. on November 9, 1997.

Session was called to order at 9:20 a.m. on November 9, 1997, at the same location as on the previous day, both the elected Chair and secretary being present. Secretary certified a quorum present.

Burnett moved tht the verbiage in Article 1, sections 1-6, "inalienable, absolute, inviolable" be removed, making them read 'has the inherent right'. Cloyce second. Motion carried unanimously.

Burnett moved that the wording in section 7, Article I, be changed to read: "All rights are retained by the people, are absolutely inviolable, and may never be denied, infringed, or violated in any way except in the sole circumstance of conviction of a crime or tort by due process of law as defined in this constitution, and then only as directed in the particular case." Wanjura second. Motion carried unanimously.

Secretary requested recess to allow the delegates time to read and suggest corrections to the draft of the emerging document which was distributed this morning. Chair declared 10-minute recess to allow delegates time to consider, recessed at 9:50, reconvened at 10:00 a.m. In open forum delegates discussed changes to the emerging document, and agreed by consensus to the changes as presented during discussion. Much open discussion of the concepts of free trade economy and how to keep government from regulating trade or commerce across the borders of Texas, how other nations will respond to Texas economy in a free nation.

Chair declared that the session would enter open forum as a committee of the whole to discuss the law committee report, specifically the national and common courts, Don Henson moderating as chair of the committee. Discussion of maritime law, agreed to research it for presentation at another session.

Chair declared recess at 12:20 p.m. until 1:30 p.m. Session reconvened at 1:45 p.m. and entered into open forum as a committee of the whole to continue discussion of the national court system. After discussion was completed, the committee of the whole elected to return to formal session.

Burnett moved that we adopt Article IV, Part 1, entitled National courts, as amended by the committee of the whole. Wanjura second. Motion carried unanimously.

Chair offered to entertain a motion to adjourn until Saturday, December 12-13, 1997, at 9:00 a.m. in Brownwood, so moved by Wanjura, second by Charles Doreck. Sixth session of the Texas Constitutional Convention 1997 adjourned at 3:30 p.m. on November 8, 1997.

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Copyright at Common Law, West El Paso Information Network, 1997