Black People : A Plan of Freedom

Discussion in 'Black People Open Forum' started by One9_Arch, Aug 20, 2007.

  1. One9_Arch

    One9_Arch Well-Known Member MEMBER

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    In the Name of Allah (God), Who Appeared in the Person of Master Fard Muhammad, and His Holy Apostle and Last Messenger, the Hon. Elijah Muhammad ​

    As-Salaam Alaikum:

    THE SOVEREIGN PACT OF THE ORDER OF SHABAZZ​

    Let's Get Him! Moblife for Life
    We Here to Murder Our Foes
    These Muthaf...Er's Gotta Pay the Weight of the Life They've Chose.

    Time up for All the Fakers
    Your Perpetration Is over
    This Demonstration Is to Let You Know the Issue Is Moot.

    Among the Troop?
    Front Line Nig..’s? Not Even a Nuke
    Can Slow the Tide of the Tribe When My Tribe Get Loose.

    There's No Love on the Block
    So the Flock Will Bleed
    From Dark Matter Came the Seed that Gave Birth to Kings.

    Shot’s rang out
    Screams from the crowd signal, "Move out!"
    We scatter into the Movement and shoot down doubts.

    With the purpose of Defeatin’ the Devil
    We target the claim
    That Our people are Americans; for, even the name—

    Is antithetical to a peaceful people
    Without freedom We aint equal
    And the City is evil.

    Never once did We undergo
    NATURALIZATION
    We weren’t citizens, but slaves, on some devil’s plantation.

    Never considered to be equal to the least of you
    Not even when We fought and died
    Were We equal in your eyes.

    Down trodden like the Red man
    Murdered for Our land
    How you figure Us to be Americans?

    Since time immemorial We’ve been here
    So the claim wont wash
    Check the Truth being wrapped in a Motion to Quash.

    We reject as invalid the notion
    That Our Four-fathers’ struggle for freedom
    Indicates, in some way, that they wanted Whites to lead’em.

    A Catch-22
    Your the Liar who deceived’em
    If they fought they were free; if they didn’t you’d leave’em—

    Between a rock and a hard spot
    What would you do?
    Would you kill or let live? And is it right to have to choose?

    America aint old enough to define Us
    We’re light years past Adam
    This is bigger than Saturn.

    With the Proclamation Declaration
    The Wickedly wise linked Our freedom with being naturalized
    This, despite the fact We constituted a nation.

    We reign Sovereign is the Message
    This We declare
    The assumption of Our consent to be governed is not fair.

    Hear Justice speak
    Loud and poetic as f...
    If We’re free can We not choose to speak and do for Us?

    We come with Islam
    Not the religion but the Act
    In submission to Allah do We make this pact:

    Being compelled by that Faith which thrives within Us, it was previously Decreed by this Council, on the 26rd day of February, 2007, that a Constitution and system of government, founded upon principles derivative of the "Supreme Wisdom" and "Divine Teachings" to which We adhere, be constructed and maintained for purposes of regulating, by appropriate legislation and reference to the contemporary Islamic teachings of the Hon. Elijah Muhammad, the tribal affairs of the afore-named Order to which belong. This is Our service to Allah (God), Ourselves and Our people. With this objective in mind do We hereby establish the following constitution.

    PREAMBLE

    We the members of the Order of Shabazz (the Order), in order to form a more perfect union with Our God, Allah, and to secure Our rights, safeguard Our interests, and advance the general welfare of Our people, do hereby invoke Our natural and self-evident right to establish this Constitution as the fundamental law of Our community. The Order, a spiritual theocracy or system of government founded upon principles derivative of the Divine Teachings of the Honorable Elijah Muhammad, is herein given full and absolute authority to enact laws regulating the affairs of We members of the Tribe. Such being the case, this Council does hereby ordain, establish, and promulgate this CONSTITUTION, and all Muslim members of the Order are subject to the provisions thereof.

    I. DECLARATION OF FAITH IN ALLAH (GOD)

    WHO APPEARED IN THE PERSON OF OUR LORD AND SAVIOR, MASTER FARD MUHAMMAD

    The first principle of the Order shall be the declaration: "La e La ha el Allah, Muhammad Rasoul Allah." MTBM 75:18 ("There is no God but Allah, and Muhammad is the Messenger of Allah"). Without an avowal of such belief, membership into the Order shall not be granted; and, if a registered member shall ever renounce or forsake his belief in Allah (God), or if he should cease to entertain such faith, he shall not remain a member of the Order, but is subject to immediate dismissal.

    II. THE OBLIGATION OF OBEDIENCE TO THE LAWS OF THE LAND

    As stated, supra (in the Preamble), the Order of Shabazz is founded upon principles derivative of the Divine Teachings of the Honorable Elijah Muhammad. As such, insofar as the membership may consist of persons recognized as citizens by the various independant and soverign nations comprising the world of mankind, all Muslim members of the Order of Shabazz shall obey the laws of the land(s) or government(s) wherein their citizenship is so recognized. However, where the laws of the land shall conflict with the Divine Laws of Almighty God, Allah, such laws should be counted suspect and vigoriously challenged as violative of the fundamental right to worship Allah (God) in accordance with the dictates of conscience.

    III. TERRITORY AND JURISDICTION

    Section 1. Territory

    The territory of the Order extends to all areas of the internet owned by the Order (e. g., the Orders member sites, discussion groups, etc.), and any additional properties owned or otherwise held by the Order for the benefit of its membership or people, including but not limited to air, water, surface, subsurface, natural resources and any interest therein, existing or in the future.

    Section 2. Jurisdiction

    The jurisdiction of the Order shall extend to all territory set forth in Section 1 of this Article and to any and all persons or activities therein, based upon the inherent sovereign authority of the Tribe of Shabazz, and the people which comprise the Order. Legislative Panels shall possess similar authority limited to their representative Houses.

    IV. MEMBERSHIP

    Section 1. Requirements

    The following persons shall be eligible for membership in the Order: All persons of Shabasian blood whose names appear or are entitled to appear on the official members list prepared pursuant to the applicable provisions of the General Code. All descendants of persons listed in said Code, provided, that such persons are of Shabasian blood.

    Section 2. Relinquishment of Membership and Re-enrollment

    The right to voluntary relinquishment of membership in the Order shall be afforded all Adult members, and the legal guardians of minor children shall ever be permitted to resign them from membership. Relinquishment of membership may be accomplished by filling-out a Notice of Relinquishment of Rights to Membership form and fowarding a copy thereof to the Office of appropriate corresponding office in the Ministry of Information and Communication. Any adult member who has voluntarily requested to be removed from the members list shall not be eligible for re-enrollment. Any minor whose membership has been relinquished by a parent or legal guardian shall be eligible for re-enrollment upon reaching the age of eighteen (18).

    Section 3. Re-enrollment by General Council

    Any person of Shabasian blood who has relinquished membership under Section 2 of this Article may be re-enrolled into membership by a two-thirds (2/3) vote of the Council of Tribal Affairs, provided, that such individual was found to be in good standing with the Order at the time of the previous relinquishment of membership.

    Section 4. Membership Roll

    The Council of Tribal Affairs shall maintain one official roll of all tribal members.

    Section 5. Membership Code

    The Council of Tribal Affairs shall have the power to enact laws not inconsistent with this Article to govern membership. Removal of any person who is not eligible for membership from the members list shall be done in accordance with the General Code, provided, that such removal is approved by at least two-thirds (2/3) vote of the Council of Tribal Affairs.

    Section 6. Appeals

    Any person who has been rejected for enrollment or who has been removed from the members list shall have the right to appeal to the Judicial Board of Shabazz for a remedy consistent with this Constitution.

    ARTICLE III. ORGANIZATION OF THE GOVERNMENT

    Section 1. Sovereignty

    The Tribe and Order possess inherent sovereign powers by virtue of divine-government through spirtual union with, and service to, Allah (God) in the Person of Master Fard Muhammad.

    Section 2. Branches of Government

    The government of the Order of Shabazz shall consist of only three (3) branches:

    • the Council of Tribal Affairs;
    • the Executive; and
    • the Judiciary.

    Section 3. Separation of Functions

    No branch of the government shall exercise the powers and functions delegated to another branch.

    Section 4. Supremacy Clause

    This Constitution shall be the supreme law over all territory and persons within the jurisdiction of the Order of Shabazz.

    ARTICLE IV. COUNCIL OF TRIBAL AFFAIRS

    Section 1. Powers of the Council of Tribal Affairs

    The members of the Order of Shabazz hereby grant all inherent sovereign powers to the Council of Tribal Affairs. All eligible members of the Order are entitled to participate in Council's deliberations, the manner and extent being subject to determination by Judicial Decree.

    Section 2. Delegation of Authority

    The Council shall be responsible for all legislative functions of the Order, and shall consist of twenty-four (24) members: Twelve (12) members from among the ranks of the Tribe of Shabazz, and six (6) members from each of the the remaining two Houses composing the General Assembly.

    The Council shall make laws and appropriate funds in accordance with this Constitution. The Judiciary is hereby authorized to interpret and apply the laws and Constitution of the Order in accordance with Article VII.

    Section 3. Powers Retained by the Council of Tribal Affairs

    The Council shall ever retain the power to set policy for the Order.

    The Council retains the power to legislate, and to create Legislative Panels to serve specified legislative function for specified lengths of time.

    A Panel's final recommendation shall be subject to review, adoption and/or rejection (in whole or in part), by the Council of Tribal Affairs. The Council may return any portion of a Legislative Panel's recommendation for reconsideration consistent with the Councils deliberations.

    The Council retains the power to review and reverse decisions of the Judiciary which interpret actions clearly of a legislative nature. The Council does not, however, retain the power to review and reverse decisions of the Judicial Board of Shabazz which interpret this Constitution.

    The Council retains the power to propose amendments in accordance with Article XIII, including those which reverse decisions of the Judicial Board of Shabazz interpreting this Constitution.

    The Council retains the power to establish its own procedures in accordance with this Constitution.

    The Council retains the power to call Elective Sessions of the General Assembly.

    The Council shall determine the "qualifications" for occupancy of all national and international Offices of the Order.

    The Council shall determine the "term" (length) for all national and international Offices of the Order.

    The decisions of the Council of Tribal Affairs shall be binding on all members of the Order.

    Section 4. Excepted Powers

    The Council does not retain the power to review actions relating to the hiring or firing of non-member personnel.

    Section 5. Annual Meetings

    The Prime Minister shall meet with the Council at least once each year, which shall be called by the Prime Minister, and at other times as provided in Section 6 of this Article. Notice shall be provided by the Prime Minister for all Annual Meetings of the Council.

    Section 6. Special Meetings

    Special Meetings of the Council shall be called by the Prime Minister upon petition by twenty (20) percent of the registered members comprising the General Assembly, or upon written request of a majority of the Legislature, or when deemed necessary by the Prime Minister. Notice shall be provided by the Prime Minister for all Special Meetings of the Council.

    Section 7. Procedures

    Eight (8) members of the Council shall constitute a quorum, and no quorum shall ever exist without at least eight Council members from the Tribe being present. Each action of the Council shall require the presence of a quorum. The Prime Minister shall call all Annual and Special Meetings of the Council, except those meetings called pursuant to Article IX, Section 2. When a quorum is attained, the presiding Chair of the Council shall appoint either the Prime Minister or another person to conduct the meeting. A secretary shall be appointed to record the minutes of all Council meetings. The secretary shall transmit the minutes of Council meetings to .

    V. LEGISLATIVE PANELS

    Section 1. Composition of Legislative Panels

    Legislative powers of each House shall be vested in the Legislative Panels by order of the Council of Tribal Affairs.

    Legislative Panels shall be composed of not more than twelve (12) Legislators, two from each of the six Regions comprising the various Houses. The Legislative Panel shall select from among its Members a General Manager to serve throughout the Panels term. The Legislative Panel shall elect from among its Members a Chair to preside over meetings of the Panel.

    Additionally, the Legislative Panel shall delegate the duties and responsibilities of the Chair. The Chair shall deligate a Vice Chair to preside over meetings of the Legislature in his absence, and at such times the Vice Chair shall retain the power to Speak on behalf of the Chair.

    Section 2. Legislative Jurisdiction of Panels

    The jurisdiction of the Legislative Panels shall extend to all territory set forth in Section 1 of Article III assigned to the House to which the Panel belongs, and to any and all persons or activities therein, based upon the inherent sovereign authority of the Tribe of Shabazz, and the people which comprise the Order.

    Section 3. Powers of Legislative Panels

    For their term in office, Legislative Panels shall have the power:

    To make laws, including general codes, ordinances, resolutions, and statutes for their Houses;

    To establish Regional Departments, and to delegate legislative powers to be administered by such Departments, in accordance with the laws of the Order; any Department established by Legislative Panel shall be administered by the Prime Minister Elect; the Legislative Panel reserves the power to review any action taken by the Prime Minister by virtue of such delegated power;

    To constitute a Board of Directors for each Department, except the Prime Minister shall name the Executive Director, subject to confirmation by the Legislative Panels;

    To authorize expenditures by law and appropriate funds to the various Departments in an annual budget;

    To raise revenue, including the power to levy and collect taxes and license fees on revenue generated by the members of the Panels House within the Order;

    To set the salaries, terms and conditions of employment for all governmental personnel within its House;

    To set its own procedures, select its officers, and to enact laws governing attendance of its members, including penalties for absences;

    To enact all laws prohibiting and regulating conduct (consistent with the Supreme Wisdom and Divine Teachings), and imposing penalties upon all persons within the the Panels jurisdiction;

    To negotiate and enter into treaties, compacts, contracts, and agreements with other governments, organizations, or individuals (subject to review by the Council of Tribal Affairs);

    To authorize and appropriate funds to employ legal counsel in accordance with applicable law;

    To acquire or purchase lands for the benefit of the Order and its members;

    To enact laws to manage, lease, permit, or otherwise deal with the lands owned or otherwise held by the Order, interests in said lands or other assets held by its representative House;

    To enact laws to prevent the sale, disposition, or encumbrance of lands held by the Order, or other such assets;

    To purchase under condemnation proceedings any lands within the jurisdiction of the Order of Shabazz;

    To enact laws to regulate and zone any lands within the jurisdiction of it House;

    To enact laws to create and regulate a system of property including but not limited to use, title, deed, estate, inheritance, transfer, conveyance, and devise;

    To issue charters of incorporation, to charter corporations and other organizations for economic or other purposes, and to regulate their activities;

    To protect and foster the Order's religious freedom, culture, language, and traditions;

    To promote public health, education, charity, and such other services as may contribute to the social advancement of the members of the Order;

    To enact laws governing law enforcement on lands within the jurisdiction of the Order;

    To enact laws to regulate domestic relations of persons within the jurisdiction of the Order;

    To establish and maintain headquarters for the Panel and all other Departments established by the Panel;

    To enact laws to regulate hunting, fishing, trapping, recreation and all other related activities on lands held by the Order of Shabazz, or within the Order's jurisdiction;

    To enact any other laws, ordinances, resolutions, and statutes necessary to exercise its legislative powers delegated by the Council of Tribal Affairs pursuant to Article III including but not limited to the forgoing list of powers.

    Section 4. Codes

    The Legislative Panels shall adopt Codes governing Membership, Open Meetings, Elections, Ethics including conflicts of interest, nepotism, and the conduct of all elected and appointed officials and employees, and other Codes as deemed necessary for their representative Houses.

    Section 5. Redistricting or Reapportionment

    The Legislative Panels shall have the power to redistrict or reapportion including changing, establishing, or discontinuing Regions.

    The Legislative Panel shall maintain an accurate census for the purposes of redistricting or reapportionment within their House.

    The Legislative Panel shall redistrict and reapportion at least once every seven (7) years beginning with the adoption of this document, in recognition of every Members right to Speak. The Legislative Panel shall exercise this power only by posting a Summons for Final Proposal on the message board of the General Assembly. The summons shall be binding and is not reversible by the Council of Tribal Affairs.

    Any redistricting or reapportionment shall be completed at least six (6) months prior to the next election, and notice shall be provided to all registered Members of its House.

    Section 6. Terms of Office

    Members of Legislative Panels (called Legislators) shall serve ____ year terms (subject to determination by the Council of Tribal Affairs). Legislators shall represent their respective Houses (or Regions) until their successors have been sworn into office except if the Legislator has been successfully removed or recalled in accordance with this Constitution. Members of the Legislative Panels shall be elected by a majority affirmation of faith of the eligible members from their respective Houses and/or Regions.

    Section 7. Qualifications

    The qualifications for this position shall be determined by the Council.

    Section 8. Meetings

    Legislative Panels shall hold regular monthly meetings. The Legislative Panels may hold special meetings as necessary. Members of Legislative Panels shall hold and attend regularly scheduled meetings in their respective Houses. Failure to attend such monthly meetings on a regular basis may constitute grounds for removal or recall.

    Section 9. Open Meetings

    All meetings of the Legislature shall be open to all members of the Order, except when in Executive Session.

    Section 10. Executive Session

    Legislative Panels may, upon the prompting of its Chair or the Prime Minister, go into executive session. At such sessions, all persons, except members of the Legislative Panel and its officers, shall be excluded from the meeting chamber, except any person whose presence shall be required by the Legislative Panel.

    Section 11. Quorum

    A majority of the Legislative Panel shall constitute a quorum. A quorum shall be necessary to transact official business of the Legislative Panels. Each session of the Legislature shall require a quorum.

    Section 12. Speaking

    A majority affirmation of a quorum of the Legislative Panel shall be necessary to exercise the legislative powers of a given House, except as otherwise provided by this Constitution. The affirmations (Speaking) of each member of the Legislative Panel shall be recorded in the minutes of the meeting.

    Section 13. Budget

    The Legislative Panel shall enact an annual budget. The budget shall include an appropriation of operating funds for each branch of the government under its jurisdiction. The Legislative Panel shall not appropriate funds which have not been authorized by the Council of Tribal Affairs. No item shall be included in the budget if it is not authorized by law.

    ARTICLE VI. EXECUTIVE

    Section 1. Composition of the Executive

    The Executive power of the Order shall be vested in the Prime Minister of the Order of Shabazz.

    The Executive Branch shall be composed of any administrative Departments created by authority of Legislative Panels (e. g., the Order and it various Houses may need a Department of the Treasury, Justice, Administration, Housing, Business, Health and Social Services, Education, Labor, and Personnel, and other Departments deemed necessary by the Legislature). Each Department shall include an Executive Director, a Board of Directors, and necessary employees. The Executive Director of the Department of Justice shall be called the Attorney General (Duties assiged by the Council) of the Order of Shabazz. The Executive Director of the Department of the Treasury shall be called the Treasurer (Duties assiged by the Council).

    Section 2. Powers of the Prime Minister

    The Prime Minister shall have the power:

    To execute and administer the laws of the Order;

    To make recommendations to the Legislative Panels on matters of interest or benefit to the Order;

    To propose legislation and an annual budget to the Legislative Panels;

    To administer all Departments, boards, and committees created by the Legislative Panels;

    To nominate the Executive Directors of each Department subject to confirmation by the Legislative Panels except that if an affirmation of confirmation is not taken by the Legislature within ninety (90) days the nomination shall be deemed confirmed;

    To remove an Executive Director of a Department or to reassign an Executive Director to another position;

    To select and hire personnel in accordance with the laws of the Order;

    To preside over meetings of the Legislative Panels;

    To cast the deciding factor in the case of a tie;

    To call Annual and Special Meetings of the Council of Tribal Affairs;

    To represent the Order on all matters that concern its interests and welfare;

    To execute, administer, and enforce the laws of the Order necessary to exercise all powers delegated by both the Council and the Legislative Panels, including but not limited to the foregoing list of powers.

    Section 3. Qualifications

    The qualifications for this position shall be determined by the Council of Tribal Affairs.

    Section 4. Term of Office

    The term of this Office shall be determined by the Council.

    ARTICLE VII. THE JUDICIARY

    Section 1. Composition of the Judiciary

    There shall be an internal Court of the Order (the Judicial Board of Shabazz and the four Tribal Courts of the General Assemby), which shall review the lawfulness of all laws, general codes, statutes, etc., enacted pursuant to the applicable provisions of this Constitution. The Judicial Board of Shabazz may organize and maintain exclusive authority over such other lower courts of special jurisdiction as it deems necessary to effectively execute its duties and responsibilities to the Order.

    Section 2. Composition of the Judicial Board

    There shall be one Chief Justice and six Associate Justices of the Judicial Board of Shabazz.

    Section 3. Composition of the Tribal Courts

    The Tribal Courts shall consist of one Chief Magistrate and two Associate Magistrates representative of the four Houses comprising the Order.

    Section 4. Powers of the Judiciary

    The judicial power of the Order shall be vested in the Judiciary. The Judiciary, which is headed by the Judicial Board of Shabazz, shall have the power to interpret and apply the Constitution and laws of the Order.

    Section 5. Jurisdiction of the Judiciary

    The Tribal Courts shall have original jurisdiction over all cases and controversies, both criminal and civil, in law or in equity, within their representative House that arises under the Constitution, laws, customs and traditions of the Order, including cases in which the Order, or its officials and employees, shall be a party.

    Any such case or controversy arising within the jurisdiction of the Order shall be filed in Tribal Court before it is filed in any other court. This grant of jurisdiction by the Council of Tribal Affairs shall not be construed to be a waiver of the Order's sovereign immunity. The Judicial Board shall have appellate jurisdiction over any case on appeal from the Tribal Courts.

    Section 6. Powers of the Tribal Court

    The Tribal Court shall have the power to make findings of fact and conclusions of law concerning matters arising within their representative Houses. The Tribal Court shall have the power to issue all remedies in law and in equity including injunctive and declaratory relief and all writs.

    The Tribal Court shall have the power to declare the laws of the Order void if such laws are not in agreement with this Constitution or is inconsistent with the Supreme Wisdom of Allah (God) and the Divine Teachings of Messenger Elijah Muhammad.

    Section 7. Powers of the Judicial Board of Shabazz

    The Judicial Board shall have the power to interpret the Constitution and laws of the Order and to make conclusions of law. The Judicial Board shall not have the power to make findings of fact except as provided by enactment of the Council or Legislative Panels.

    The Judicial Board shall have the power to establish written rules for the Judiciary, including qualifications to practice before the courts of the Order, provided such rules are consistent with the laws of the Order.

    Any decision of the Judicial Board shall be final.

    Section 8. Qualifications

    Subject to determination by the Council.

    Section 9. Terms of Office

    Subject to determination by the Council.

    Section 10. Appointment of Justices to the Judicial Board

    Judicial Board Justices shall be appointed by a majority of the eligible Speakers of the General Assembly, unless otherwise provided.

    Section 11. Appointinent of Tribal Court Magistrates

    The Legislative Panels shall appoint a Chief Magistrates and any Associate Magistrates to the Tribal Courts of the Order.

    Section 12. Conflict of Interest

    Any Justice or Magistrate with a direct personal or financial interest in any matter before the Judiciary shall recuse; failure to recuse constitutes cause for removal in accordance with Article IX, Section 4. The Legislative Panels shall appoint a Justice or Magistrate pro tempore to fill any vacancy due to recusal.

    Section 13. Right to Appeal

    Any party to an action, whether civil, criminal, or otherwise, who is dissatisfied with the judgment or verdict may appeal to the Judicial Board of Shabazz. All appeals before the Judicial Board shall be heard by the full Board.

    ARTICLE VIII. ELECTIONS

    Section 1. General Elections

    General Elections shall be held on the 26th day of February whenever held. Offices of the Council, Executive, and Judiciary shall be filled at General Elections.

    Section 2. Special Elections

    Special Elections shall be held when called for by the Council, Legislative Panel, or by this Constitution or appropriate ordinances. In all Special Elections, notice shall be provided to the Speakers of all Houses. The Judicial Board shall conduct all Special Elections relating to all national and international Offices of the Order. The Tribal Courts shall have subject matter jurisdiction over all elections of a which take place on a House/Regional level.

    Section 3. Election Code

    The Legislative Panel shall enact an Election Code governing all necessary election procedures within its particular House at least one hundred and twenty (120) days before the election. All Affirmations from the General Assembly shall be counted by the Legislative Panel of the various Houses, the final result being forwarded to the Council of Tribal Affairs for execution.

    Section 4. Eligible Speakers

    Any member of the Order who is at least eighteen (18) years of age and who meets all other requirements established by the Order shall be eligible to Speak.

    Section 5. Certification of Election Results

    The results of all elections shall be certified by the Council within seven (7) days after the date of the election.

    Section 6. Challenges of Election Results

    Any member of the Order may challenge the results of any election by filing suit in the Tribal Court of his/her House within ten (10) days after the Council certifies the election results. The Tribal Court shall hear and decide a challenge to any election within twenty (20) days after the challenge is filed in Tribal Court.

    Section 7. Oath of Office

    The Chief Justice, or the most senior Associate Justice, shall administer the oath for the offices of all members of the Council, the Prime Minister and Judiciary on the 1st Friday following the election after the Council certifies the Election results. The contents of oaths of the various Offices of the Order shall be determined by the Judicial Board of Shabazz.

    ARTICLE IX. REMOVAL, RECALL AND VACANCIES

    Section 1. Council Removal of Legislators

    The Council of Tribal Affairs may remove any member of Legislative Panel for malfeasance. No such action shall take place before the Legislator has been given reasonable notice of the impending action and has had a reasonable opportunity to Speak on his/her own behalf.

    Section 2. Council Removal of the Prime Minister

    The Council may remove the Prime Minister for malfeasance. No such action shall take place before the Prime Minister has been given reasonable notice of the impending action and has had a reasonable opportunity to Speak on his/her own behalf.

    Section 3. Legislative Removal of Legislators from Legislative Panels

    The members of a Legislative Panel may remove a member from the Panel for good cause. Any member of a Legislative Panel subject to removal shall be informed of the charges, be given adequate notice of the impending removal action, and given an opportunity to prepare and present a defense including presenting witnesses and other evidence. An affirmation by three-fourths (3/4) of the Legislative Panel shall be required for all Legislative removal actions under this Section. The Legislator subject to removal shall not "Speak."

    Section 4. Legislative Removal of Magistrates and Associate Magistrates

    The Legislative Panels may remove Magistrates and Associate Magistrates from Tribal Courts for good cause. A Magistrate or Associate Magistrate subject to removal shall be informed of the charges, be given adequate notice of the impending removal action, and given an opportunity to prepare and present a defense including presenting witnesses and other evidence. An affirmation by three-fourths (3/4) of the Legislative Panel shall be required for all Legislative removal actions under this Section. The Legislator subject to removal shall not "Speak."

    Section 5. Recall by Council Authority

    The Prime Minister, Legislators, and Members of the Judiciary shall be removable by recall at a Special Election requested by the Council of Tribal Affairs. At the request of the Council, the Order shall hold a Special Election not less than thirty (30) days and not more than ninety (90) days from the date of the Council's request. If the the Council fails to hold such Special Election within ninety (90) days, any eligible Speaker of the Order may request the Tribal Courts to order such Special Election. In any Special Election, no more than three (3) persons shall be subject to recall at the same time.

    Section 6. House Recall of Legislators

    A member of the Legislative Panels shall be removable by a recall on the petition of thirty (30) percent of all eligible Speakers of the House which elected such member to the Legislative Panel. A petition shall be submitted to the Council, which shall hold a Special Election not less than thirty (30) days and not more than ninety (90) days from the date a petition is duly submitted. If the Council fails to hold such Special Election within ninety (90) days, any eligible Speaker of the legislators House may request the Tribal Court to order such Special Election.

    Section 7. Vacancies in the Judiciary

    If a vacancy occurs in an office of the Judicial Board of Shabazz because of death, mental or physical incapacity, removal or recall, or any other reason, such vacancy shall be filled in the following manner:

    If twelve (12) months or more remain before the next General Election, the Council shall call a Special Election in accordance with Article VIII.

    If less than twelve (12) months remains before the next General Election, the office shall be filled by appointment of the Prime Minister.

    Section 8. Vacancy of the Office of the Prime Minister

    If the office of the Prime Minister becomes vacant by reason of death, mental or physical incapacity, removal or recall, resignation, or for any other reason, such vacancy shall be filled in the following manner:

    If twelve (12) months or more remain before the next General Election, the Minister of Internal Affairs shall serve as Prime Minister pro tempore and the Council shall call a Special Election in accordance with Article VIII. Upon election of a Prime Minister by Special Election, the Minister of Internal Affairs shall reassume his seat on the Council for the remainder of his term, if any.

    If less than twelve (12) months remain before the next General Election, the Minister of Internal Affairs shall serve as Prime Minister pro tempore. If less than twelve (12) months but more than three (3) months remain before the next General Election, the Council shall call a Special Election in the appropriate House within thirty (30) days to fill the seat vacated by the Minister of Internal Affairs. Upon election of a Prime Minister at the next General Election, the Minister of Internal Affairs shall reassume his seat on the Council for the remainder of his term, if any.

    If less than three (3) months remain before the next General Election, the office of the Prime Minister shall remain vacant.

    A Minister of Internal Affairs serving in the capacity of Prime Minister pro tempore shall not "Speak" before the Legislative Panels except to cast the deciding affirmation in case of a tie.

    Section 9. Vacancies in the Legislature

    If a vacancy occurs in a Legislative Panel because of death, mental or physical incapacity, removal or recall, or for any other reason, such vacancy shall be filled in the following manner:

    If three (3) months or more remain before the next General Election, the Legislative Panel shall itself call a Special Election in the appropriate House to be held within thirty (30) days.

    If less than three (3) months remains before the next General Election, the seat shall remain vacant, except when the assumes the office of the Prime Minister pursuant to Section 9(b) of this Article, an election to fill that vacancy shall be held within thirty (30) days.

    Section 10. Terms for Vacancies

    Subject to determination by the Council of Tribal Affairs.

    ARTICLE X. BILL OF RIGHTS

    Section 1. Bill of Rights

    The Order of Shabazz, in exercising its powers of self-government, shall not:

    • make, support, or enforce any law prohibiting the free exercise of religion, or abridging the freedoms of speech, the press, or the right of the General Assembly peacably to assemble and to petition any government for a redress of grievances;

    • violate the right of the General Assembly to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon matters of internal order and discipline within the Order (supported by oath or affirmation), and particularly describing the space to be searched and the person(s) or thing(s) to be seized;

    • subject any member of the General Assembly for the same offense to be twice put in jeopardy of suspension or expulsion from the Order;

    • compel any member of the General Assembly in any case to be a witness against himself;

    • deny to any person within its jurisdiction the equal protection of its laws or deprive any member of the Order of those liberties ennumerated herein without the due process of law;

    • pass any ex post facto law; or

    • deny to any person accused of an offense punishable by expulsion the right, upon request, to a trial by jury of not less than six members of the Order.

    ARTICLE XI. STATUTES AND RESOLUTIONS

    Section 1. Statutes

    All final decisions of the Legislative Panels on matters of permanent interest shall be embodied in statutes. Such enactments shall be available for inspection by all members of the Order at all times.

    Section 2. Resolutions

    All final decisions on matters of temporary interest where a formal expression is needed shall be embodied in a resolution, noted in the minutes, and shall be available for inspection by all members of the Order at all times.

    Section 3. Form

    All statutes and resolutions shall be dated and numbered and shall include a certificate of verification.

    Section 4. Review

    The Legislative Panels shall submit statutes and resolutions to the appropreate Office within the Judiciary for approval when required by the laws of the Order.

    ARTICLE XII. SOVEREIGN IMMUNITY

    Section 1. Immunity of the Order from Suit

    The Order of Shabazz shall be immune from suit except to the extent that the Council expressly waives its sovereign immunity, and officials and employees of the Order acting within the scope of their duties or authority shall be immune from suit.

    Section 2. Suit Against Officials and Employees

    Officials and employees of the Order who act beyond the scope of their duties or authority shall be subject to suit in equity only for declaratory and non-monetary injunctive relief in Tribal Court by persons subject to its jurisdiction for purposes of enforcing rights and duties established by this constitution or other applicable laws of the Order.

    ARTICLE XIII. AMENDMENTS

    Section 1. Requirements

    This Constitution may be amended by a majority affirmation of the qualified Speakers of the Order at an election called for that purpose by the Council, Prime Minister, or Legislative Panels, provided, that at least thirty (30) percent of those entitled to Speak shall do so in said election; but no amendment shall become effective until approved by the Judiciary or until deemed approved by the Council by operation of law. If the Speakers adopt the amendment(s), The Judiciary shall approve such amendment(s) within forty-five (45) days after the election unless the amendment(s) are contrary to applicable law.

    Section 2. Requests for an Election to Amend the Constitution

    It shall be the duty of the Council, Prime Minister, or Legislative Panels to call and hold an election on any proposed amendment to this Constitution at the request of two thirds (2/3) of all Legislators, at the request of the Council, or upon presentation of a petition signed by thirty (30) percent of the eligible Speakers of the Order.

    ARTICLE XIV. SAVINGS CLAUSE

    All actions of the Order of Shabazz taken before the effective date of this Constitution, including elections and terms of office, shall remain in full force and effect to the extent that they are consistent with this Constitution.

    ARTICLE XV. ADOPTION OF CONSTITUTION

    This Constitution is hereby adopted by the Order, and shall be effective from the date of it's posting on the official site of the Order of Shabazz (http://groups.google.com/group/godtribe?lnk=sg)).

    As-Salaam Alaikum
     
  2. Zulile

    Zulile Well-Known Member MEMBER

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    bump for one9_arch
     
  3. One9_Arch

    One9_Arch Well-Known Member MEMBER

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    Thanks for the help, Zulile. Yesterday I failed to locate it as I mis-understood you. I didn't realize you'd placed "a link" to it on the main or 'home' page. May Almighty God bless you with success in whatever difficulty you may find yourself. [ASA]
     
  4. Knowledge Seed

    Knowledge Seed Well-Known Member MEMBER

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    This seems similar to the Ancient Order of Free Asiatics. Can you provide more info on the "Order of Shabazz"?
     
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