THE MOORISH DECLARATION OF INDEPENDENCE The Declaration of Independence Action of the Second Moorish Assembly, October 16, 1997. The unanimous Declaration of the Moorish Nation in and of the Americas (North, Central, South and Adjoining Islands - Amexem) AT instances when it becomes necessary for one People to clearly distinguish and separate their quasi-contractual nature form a Governmental Entity, which has categorized and misnomer this people, assumed superior Powers over this People... and forcibly applied their Governmental Legislation against this Peoples’ Divine and Universal Rights protected by the Laws of Nature, in doing so, it is necessary for this People with Respect and the Opinions of all Civilized and Cultured Nations to rise up and declare its separation. DURING this course of life all People are free to pursue the betterment of their People, all People must continue to strive for the growth of equal protection of Rights ("United Nations Declaration on the Rights of Indigenous Peoples"). Governmental Entities are governed by mere men and women, in which they are to derive their power from the consent of the People it is said to represent, it is the Right of the People to dis-connect their consent when this Government fails to provide for certain groups and impose their legislation upon large groups of People who already function independently. IT is the duty of the Moroccan descendants to alter or abolish the political accommodations with such government. The History with this past and present day government of the United States of America towards the Moroccan descendants videlicet Moorish has been one of un-cleared relations. As for the Treaty of Friendship and Peace between Morocco and America in 1787 which was to be an international start of America’s separation from the King of Great Britain. It was the action of the Second Continental Congress, July 4, 1776 which drafted one of the greatest documents written for united States’s declaration of independence from the tyrannies and abuses of Great Britain. This was the united States’s first steps within the American shores, it then became necessary to gain international acceptance by ways of treaties. The Great Al Moroccan (American / Amarukan) Empire acknowledged these colonies formation and signed the treaty for the united States’s recognition as an separate nation. The present day Morocco has changed greatly since 1787 Emperor to President and has experienced different forms of governments until its independence. The present day Moroccan descendants are aboriginal by birth throughout the Americas but do not enjoy sovereign rights as a separate nation from the present day American government. Many present day Moroccan descendants have taken on the role of citizens in this American government because they felt displaced. This form of displacement has placed them in apparent un-equal status. To prove this, let facts be submitted to a candid World. THE Moroccan descendants in the Americas (hereinafter the Moorish) are taxed by this present day American government (hereinafter America). The Moorish are not represented by America therefore the most famous clause applies, “taxation without representation is a supreme violation ...” The Moorish are not represented by Laws of United States and for this natural discord follows: The United States has not shown any interest in assisting the Moors with equal protection of laws. The United States has deprived the Moors of Trial by jury. The United States has falsely classified the Moors by derogatory terms such as: African, African-American, Negro, West Indian, Indian, Colored, People of Color, and Black. Thus, stripping away their natural birth rights as indigenous and aboriginal people. America has forced the Moors into contracts, licenses, and permit agreements under duress and threat with reference to traveling in automobiles, airplanes, and other means of transportation, as well as in matters relating to marital agreements and divorce proceeding as well as other natural laws of living that no government should infringe upon. The United States has forced the Moors into process for crimes alleged but without any substantial proof of evidence. The United States has taken away property from the Moors without any regards to privacy and private freedoms. There will be strict regulations to determine who are classified as Moorish, this is necessary to deter rebels. This independence is also to clearly distinguish the Moorish Nation in North America (Amexem) from any other said Moorish groups, nations, and / or schism. Regardless, this instrument is not drafted to incite war but to bring about peace for the Moorish. It became necessary for the Moorish to separate from America to become a great People again in a Diplomatic and Democratic fashion. In every act of Oppression mentioned we have Petitioned the Courts of America for Redress and received fines, penalties, imprisonment, and other means of punishment. This Declaration of Independence is not to insult America amongst other nations but a severance of a great People who customs and traditions are not properly represented by America. One only needs to read America’s Declaration of Independence to see the necessity for such great documents. The Moorish will be better able to serve humanity and other nations at large through their Independence. This Declaration of Independence is the immediate remedy of dis-association from THE UNITED STATES. WE hold the rest of humanity and other nations at notice of our great day of Independence. WE, therefore, the Representatives of the Moorish Nation within the present day boundaries of the Americas (Amexem) videlicet America a Free and Sovereign Democratic Nation that will adhere to all the Rules and Regulations of the Civilized and Cultured Nations throughout the World. The Moorish have 12 Provincial Representatives governed by elected Democratic policies and procedures. WE, as a Moorish Nation greatest resources are our Minds and Abilities to Assist this World in World Peace and Achievements. WE HONOR, THE CONSTITUTION OF THE MOORISH NATION OF NORTH AMEXAM THE REUNIFICATION CONSTITUTION OF 1997 We, the Moorish people shall secure ourselves and posterity the allowance of peace and cooperation with other nations by virtues of the highest concerns of positiveness, do proclaim that the sovereign power resides with the people to continue in developing a great nation. The Moorish Nation will be a Democratic Nation for the people by the people. We discard and reject any laws that are in conflicts herewith. We, the Moorish people, desire peace and intellectual freedoms are the highest ideals for a cultured people and will be necessary for our posterity to continue our existence, with respects to justice and truth for all peoples of the world. We desire to be considered as an international society striving for peace, respect, and the abolishment of any tyranny, oppressions, and indifference with international peace. We know that one nation relies on another to prosper in an international forum, and that the laws of that nation is best noted when it strives to continue the growth of universal achievements and the obedience of laws and relationships with other nations. We, the Moorish people devote our loyalty to maintain world peace. ARTICLE I - THE PRESIDING REPRESENTATIVE Section 1. The Presiding Representative is the symbol and spokesperson of the Moorish Nation, deriving the power from the people with where the sovereign powers are based. Section 2. The Presiding Representative is elected for a period of three years and by majority vote of the 12 Provincial Representatives. The 12 Provincial Representatives shall receive their vote by the majority vote in their province. Section 3. The advice of the 12 Provincial Representatives shall provide their approval for the acts of the Presiding Representative. The Presiding Representatives shall perform only such acts in matters of the nation requires and in accordance with this constitution. Section 4. The Presiding Representative, with the approval of the Provincial Representative, shall conduct themselves in accordance with the sovereign powers of the people democratic vote. These matters are but limited to: Establishment of amendments of the constitution, laws, regulations of the Provincial Representative, and treaties. The organization of the election process for the 12 Provincial Representatives and other officers. The process of commutation of punishment, reprieve, and restoration of rights. The National Awarding of special honors and services. The authorizations of receiving foreign ambassadors and ministers. The performance of various ceremonies and functions requiring an official representative presence. The Presiding Representative is the only authorized individual to have and utilize the Moorish Nation Great Seal. ARTICLE II - RENUNCIATION OF WAR Section 1. The development of any nation is built upon the ability to work amongst other nations without its growth being based on war. We, the Moorish renounce war. We renounce war amongst the nations and the threat or use of force as means of settling international disputes. In order to secure this renunciation of war, the Moorish will not maintain a national military. ARTICLE III - THE PROVINCIAL REPRESENTATIVES Section 1. The Twelve Provincial Representatives shall be the highest governing power under the Presiding Representative. The Provincial Representatives shall be the sole law making body. Nevertheless, the Presiding Representative can veto the decisions of the Twelve Provincial Representatives if necessary to maintain peace. The Provincial Representatives are responsible for the design of their regional seal. No Provincial Representative may utilize any likeliness of the Presiding Representative’s seal. Section 2. Each Provincial Representative must draft a constitution in accords with this Moorish Constitution and present their draft to the Presiding Representative for approval. If not satisfied with the opinion or suggestions of the Presiding Representative then and only then can the Provincial Representative submit their Constitution to the Houses of Representatives for consideration. If the Houses of Representatives decides upon unanimous decision that the Constitution is in accords with this Moorish Constitution then is to be upheld until the next Presiding Representative and then resubmitted to the Presiding Representative. It requires the Presiding Representative to affirm the Provincial Constitutions. If the Houses of Representatives reject the Provincial Constitution after the Presiding Representative’s rejection then the Provincial Representative must redraft another for consideration. Section 3. The Provincial Regions are divided into 12 regions throughout the Continental America (Amexem). Other areas for the province may be added after the determination of the Presiding Representative selected body. Provincial Region I - covers the land masses commonly known as: Hawaii, Alaska, Puerto Rico, Washington, Oregon, Idaho, Montana, and Wyoming. Provincial Region II - covers the land masses commonly known as: North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas. Provincial Region III - covers the land masses commonly known as: California, Nevada, Utah, Arizona, Colorado, and New Mexico. Provincial Region IV - covers the land masses commonly known as: Minnesota, Wisconsin, and Michigan. Provincial Region V - covers the land masses commonly known as: Iowa, Illinois, and Indiana. Provincial Region VI - covers the land masses commonly known as: Ohio, Kentucky, and Tennessee. Provincial Region VII - covers the land masses commonly known as: Missouri, Arkansas, Mississippi, and Louisiana. Provincial Region VIII - covers the land masses commonly known as: Alabama, Georgia, and Florida. Provincial Region IX - covers the land masses commonly known as: South Carolina, North Carolina, and Virginia. Provincial Region X - covers the land masses commonly known as: West Virginia, Delaware, and Maryland. Provincial Region XI - covers the land masses commonly known as: New York, Pennsylvania, and New Jersey. Provincial Region XII - covers the land masses commonly known as: Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, and Maine. Section 4. The appropriate names for the Provincial Regions are to be determined by the Provincial Representatives and presented to the Presiding Representative for approval. The names must not be offensive or considered religious. ARTICLE IV - THE HOUSES OF REPRESENTATIVES Section 1. The Twelve Provincial Representatives will be divided evenly to consists of two parties. These two parties belong to the Houses of Representatives. One of the parties will be the House of the Nobles and the other the House of Fez. Both houses shall consist of elected members designated by the six Provisional Representatives for the House of Nobles and by the six Provincial Representatives for the House of Fez. Section 2. The eligibility of the members of both houses shall be prescribed by law. The shall be no discrimination within the election process. Section 3. The term of office for members of the House of Nobles shall be 4 years. The term of office for the House of Fez shall be four years. No member shall be permitted to be a member of both houses simultaneously. Section 4. Members shall receive appropriate annual payment from the national treasury in accordance with the law. Section 5. Voting methods will be fixed by law and the majority rules in all election processes. Each House shall determine the results of disputes by the governing regulations of each house. The determination of each house in the outcome of a resolution must be upon by two-third vote of the majority. Section 6. The operations of both houses can not be transacted unless at least one third or more of total membership is present. Each house must base the outcome of their votes and decisions from majority rule. In the case of a tie the Presiding Representative shall decide upon the issue. Section 7. The operations of the Houses shall be open to the people to view. In some cases when two-thirds of either Houses decides, a secret meeting may be held with resolution issued therefor. Section 8. Each House must keep record of their proceedings. These records must be available to the people upon demand, except in the proceeding held in secret. Section 9. A bill becomes a law when it passes through both houses and receives unanimous vote. The Presiding Representative has the right to veto any bill. Section 10. The Prime minister and other officials must appear in either of the houses when their answers, and explanations are required of them. Section 11. The joining of both houses shall set up a court when the impeachment of an official becomes necessary. These matters of impeachment shall be conducted within the laws prescribed. ARTICLE V - THE PRESIDING REPRESENTATIVE CABINET Section 1. The Presiding Representative’s power of the executive shall be vested in a cabinet. Section 2. The Presiding Representative’s Cabinet shall consist of the Prime Minister, who shall be the head of the other Ministers of the various Provincial Representatives. Section 3. The Prime Minister shall appoint the Ministers of the Provincial Representatives. However, a majority of their numbers must be chosen from amongst the members of the House of Nobles and the House of Fez. Section 4. The Prime Minister, representing the Presiding Representative’s Cabinet, shall submit bills, reports and issues on national and international affairs to the Provincial Representatives and the Houses of Representatives and exercise control and supervision over various administrative branches. Section 5. The Presiding Representative’s Cabinet must conduct other non administrative functions and shall perform the following functions: The Cabinet must administer the affairs of the Provincial Representatives. The Cabinet must manage foreign affairs. The Cabinet must conclude on treaties in special circumstances without the approval of the Houses of Representatives videlicet the House of Nobles and the House of Fez. The Cabinet must administer the civil service in accordance with the established laws. The Cabinet Orders to prepare a budget which is to be presented to the Houses of Representatives. The Houses of Representatives must decide upon general amnesty, special amnesty, and other restoration of rights. Section 6. All laws and Cabinet Orders must be signed by the Minister of the province and endorsed by the Prime Minister. The Minister of the Province shall not be subject to legal action during their course in office. ARTICLE VI - JUDICIARY Section 1. The judicial power is vested in a Supreme Court, Provincial Courts, and other constitutionally established courts. Section 2. There shall be no extraordinary tribunals established, nor shall any agency of the executive be granted complete judicial power. Section 3. All Moorish Magistrates shall be independent and shall be bound to the laws of this Constitution and laws derived therefrom. Section 4. Moorish Magistrates are appointed upon undergoing law training under another Moorish Magistrate and having three recommendations of three Moorish Magistrates to even be considered eligible to take the Moorish Bar Examination. The Moorish Bar Association is offered by the Provincial Representative designated officers no more than twice in a year. The Examination must cover 12 other countries laws as well as questions of the Moorish Constitution and the Provincial Constitution. Section 5. The status of Emeritus Moorish Magistrate is conferred by the Presiding Representative. Section 6. Each Provincial Representative must establish Supreme Courts within their Province. These Supreme Courts are vested with law establishing and enforcing powers. The Provincial Supreme Court may designate other provincial courts. Section 7. Moorish Magistrates shall not be removed from their office except by public impeachment or by the decision of the Provincial Bar Association. No disciplinary actions can be administered upon any Moorish Magistrate without the notification and approval of the Presiding Representative. In the matters relating to impeachment, only when the majority of the voters rule in favor can a Moorish Magistrate be terminated from their post of command. All such Magistrates shall receive an adequate and just compensation during their term of office. This compensation will be determined by the Provincial Representatives or the committees that they appoint to determine the appropriate compensation. Section 8. The Moorish Magistrates shall be appointed by the Provincial Representative’s Cabinet from a lists of nominated persons selected by Moorish Supreme Court. Moorish Magistrates shall hold office for a period of 10 years with the options of re-appointment. Nevertheless, a time prescribed by law shall designate an appropriate time for retirement. Section 9. The courts under the Provincial Supreme Court shall receive just compensation during their course as provincial Magistrates. Section 10. The Moorish Supreme Court is the Supreme Law of the Land. This is where all constitutional issues are to be resolved. This court determines all constitutionalities of law, rules, and regulations throughout the Provincial Regions. Section 11. Trials should be conducted in an open court room but in case of national security trials and judgments can be held in private. ARTICLE VII - SUPREME LAW Section 1. The Supreme Law will be the laws of the Moorish Constitution. The elected members of the Moorish Supreme Court shall interpret them. The Chief Moorish Magistrates are appointed by the Presiding Representative after the review of their credentials by the Houses of Representatives. The Chief Moorish Magistrates shall be appointed for life or until they step down from office. Section 2. This Moorish Constitution is the guarantee for our people to be free and acknowledged by other nations of the world as free from any forms of hostilities. This Moorish Constitution is the necessary document that provides all of the Moorish people with the opportunity to compete in the world for the betterment and growth of achievements as well as World Peace. Section 3. This Moorish Constitution shall be the Supreme Law of the Land. Further, the Presiding Representative, the Provincial Representatives, the Houses of Representatives, the Prime Minister, the ministers, the Chief Moorish Magistrates, the Moorish Magistrates, the Provincial Magistrates, and other elected officials must affirm their obligations to uphold this Constitution. ARTICLE VIII - RIGHTS AND DUTIES OF THE PEOPLE Section 1. The Moorish Nation people must demonstrate their nationality by providing proof of their heritage through documentation or through historical account. The determination of the right to be acknowledged under this constitution of Moorish heritage is subject to the approval of the governing Provincial Representative. Therefore, the conditions necessary to determine being Moorish National shall be in accords with the law. Further, the Moorish Declaration of Independence is protected by this Moorish Constitution. Section 2. The people shall enjoy all the lawful rights and pursuits without any hindrance from the government. These rights are secured by this Moorish Constitution. Section 3. The freedoms of the people shall be maintained by the people constant responsibilities and development of lawful pursuits in accordance with this Moorish Constitution. Section 4. The life, liberty, and the pursuit of happiness shall not be interfered as along as it do interfere with the general public and other nations as a whole. Section 5. All people shall be equal under the law and there shall be no discrimination due to race, creed, religion, gender, social status, and family origin. Section 6. The people have natural and lawful rights of selection of their Representatives and may enter a petition to the Houses of Representatives for the removal of Representatives who fail to provide the services and duties promised and required by them. Section 7. No titles of Nobility shall be granted by any member of the Moorish Nation. Section 8. All ballots shall be held in public and in proportion with the Provincial Region. Section 9. Every Moorish individual have the right to peaceful petition of their rights. Section 10. No Moorish individual shall be held in any form of enslavement but may be punished by the applicable laws. The death penalty shall not be a part of punishment for crimes. The Moorish Nation have the right to excommunicate and expose a law breaker and send them to another jurisdiction for punishment if necessary. This must be done by unanimous vote in the Provincial Region the crime took place. Section 11. Every Moorish have the right to freedom of thought, religion, press, education, and peaceful protest. Section 12. Marriage ceremonies and agreement must be conducted in a equal fashion in which the rights of the man and woman are equal. Any necessary agreements must be witnessed by three members or close associates on both sides. Section 13. The people shall be liable to taxation as provided by the law. Tax Exemption for certain purposes will be determined by the Provincial Representative. Section 14. All people shall have the right to work. Section 15. All people shall have the right to access of the courts. Section 16. All people under the direction, authorization, and laws of the Province has a right to bear arms. Section 17. All people shall have the right to own property without any interference from any representatives. Section 18. No person shall be apprehended but upon a signed warrant from the appropriate Magistrate and with sufficient evidence. Section 19. No person shall be arrested without first being told of their crimes and have the privilege to a Moorish Counsel or someone familiar with the Moorish laws. Also a person must be brought before an open court and informed of the charges against them. Further, the accused person has a right to counsel throughout all proceedings. Section 20. All people shall be secured in their person and protected against illegal search and seizures of any of their property. All people must be presented with a signed warrant from a Magistrates describing the place to be searched. Each search and seizure must be made on a separate warrant by a competent Magistrate. Section 21. All forms of brutal and savage conduct to intimidate, frighten, or persuade a person is forbidden. There shall be no forms of cruel and unusual punishments. Section 22. In all criminal proceedings a person shall have the right to a speedy and public trial with the right of trial by jury. They shall be permitted the full opportunity to examine all witnesses and shall have the right to obtain witnesses on their behalf. Section 23. At all times the accused shall have the right to counsel or be assigned one by the Provincial Court. Section 24. No person shall be put in position to be a witness against themselves. Section 25. No person shall be forced to confessed by torture, duress, prolong arrest, prolong detention, or threat. Any forced confessions will not be admitted as evidence. Section 26. No person shall be held criminally liable for an act lawful at one time but unlawful later, or placed in double jeopardy. Section 27. All people have the right to sue. Section 28. The Rights Not Listed are not to be used to abuse the benefits of the government but for the lawful purposes of natural rights too numerous to list. Rights Not Listed Petition to the Court will be handled by a special hearing committee and subject to dismissal if considered frivolous or a methods used to escape judicial proceeding. Section 29. If any Moorish individual is in violations of the Moorish Constitution and the laws derived therefrom. They will be subject to notification of the crime and or claim and requested to be brought before a Provincial Supreme Court. The governing laws of that Provincial Supreme Court shall be the laws of the trial proceedings. In the case that the individual is convicted of the crime or claims in question they will be subject to suspension of rights and privileges, listed in the Provincial papers for such crime, and disassociated for a period of time from the Moorish Nation. If the individual interferes with other nations rules and regulations they will be subject to that nations governing penalties and will receive further penalties from the Moorish nation. ARTICLE IX - LOCAL GOVERNMENT Section 1. The governing rules and regulations of the local government shall be determine by the Provincial Representatives and in accords with the Supreme Law of this Constitution. Section 2. The local government shall establish assemblies and committees in accordance with the law. Section 3. Local governing bodies will have the authority to exercise their bodies in accordance with the laws of the land. Local governing bodies may establish property agreements and manage relating affairs. ARTICLE X - FINANCE Section 1. It is the duty of the Provincial Representative to provide a means of generating wealth for the country and their provincial regions Section 2. The authority to authorize national finances shall be determined by the Houses of Representatives and approved by the Presiding Representative. Section 3. No taxes shall be imposed without the vote of the Houses of Representatives. Section 4. The Presiding Representative’s Cabinet shall present to the Houses of Representatives the budget plan for each fiscal year. A reserve fund may be authorized by the Houses of Representatives to maintain the duties of the Presiding Representative’s Cabinet. Section 5. All Representatives of the Moorish Nation must be prepared to undergo an audit of finances and budget by a Audit Committee. Section 6. The Presiding Representative’s Cabinet shall report the Provincial Regions and National finances annually. Section 7. Money shall not be determined without the authorization and determination of the Houses of Representatives and approved by the Presiding Representative. ARTICLE XI - INTERNATIONAL COMMERCE Section 1. The Prime Minister and Ministers under the direction of the Presiding Representative’s Cabinet shall be the determiners of international trade and commerce. The Provincial Representative may petition the Prime Minister for authorization to conduct trade and commerce with other nations. ARTICLE XII - SUPPLEMENTARY PROVISIONS Section 1. This Constitution shall be enforced as of the date of November 27, 1997. Any pass Constitutions shall be honored for their goals and contribution but not enforced by this Constitution or Moorish Nation. Section 2. Amending the charter. The development of amendments may be proposed in either of two ways. The Houses of Representatives may propose an amendment if two-thirds of all its members agree to do so, or by Executive Order of the Presiding Representative under special conditions prescribed by law.
Posted on: Sat, 10 Aug 2013 18:21:03 +0000
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