Article 8: Armed Forces
Whereas an armed populace can best prevail against criminals, gangs, invaders, and tyrants, the principle defensive power shall reside with the people severally, and with that portion of them desiring to form joint militias; and the President shall appoint officers to oversee and train the militia during peacetime - according to the discipline prescribed by the Senate - and he shall govern that portion of them employed in active service.
In addition to a militia force, there will be a standing military force consisting of an Army, a Navy, a Border Guard, an Air Force, and a Space Program – which shall collectively be referred to as the Armed Forces of [COUNTRY]; and the Senate shall have the power to establish additional forces that may become necessary as a result of future technological innovations, and to subdivide these branches for better organization.
No initiation of military force shall warrant except for defense against invasion or rebellion, or for training purposes, or in the case of public danger or emergency, or when [COUNTRY] shall have been attacked, or as part of an international peacekeeping coalition in which several nations in good standing have agreed the effort serves the betterment of humanity; but all such military action must be preceded by a declaration to that effect from the Senate.
If exigent circumstances prevail, as in the case of invasion or public danger, such that a declaration cannot be made in reasonable time by the Senate, then it will be sufficient for the highest executive authority available to make such a declaration before commencing any military action; and domestic defense shall take priority over participation in any and all international endeavors.
Except in cases of pursuit or escort, or when imminent danger may require it, the Border Guard shall be confined to that area of the National Zone concerning the border of [COUNTRY] (as outlined in Article 1), and to the coastal waters of [COUNTRY], and to the skies above these areas; and they shall have power to:
-
stop and question anyone passing through the Border Zone as to their reasons for being there, their intended destination, and of anything they might be carrying with them into that area;
-
detain and question all those likely to be carrying weapons or disease into the Border Zone, to be held until such time as they are deemed fit for release;
-
detain and question all those likely to be engaged in human trafficking, or in smuggling, or who are known or likely fugitives fleeing from justice;
-
confiscate and hold in trust all contraband or other illicit materials, as defined by law, found in the possession of anyone so-detained, subject to return on the order of a judge or other officer with such authority; and
-
repel invasions, epidemics, and natural disasters occurring along the Border Zone.
All those detained in the Border Zone are entitled to the same rights as before, during, and after their detention, subject only to those impositions as may be necessary to protect the public against violence or disease.
Except in the case of overt hostility, the Border Guard shall endeavor to treat all those detained with care and respect, showing mercy to those who merely trespass incidentally, unwittingly, or who otherwise pose no harm or threat.
So as to prevent the abuses of the veil of “national security,” the contents of any military or intelligence operation shall not be kept secret longer than two years after its commencement, excepting such provisions as three-quarters of the Senators in session shall explicitly vote to retain; and the willful withholding of information in violation of this provision shall constitute a felony and, if the perpetrator be a public officer, grounds for impeachment.
All courts martial shall be convened and conducted by the ranking officers of the Armed Forces possessing such authority, according to such provisions as shall be made by the Senate.
The President shall have no power to declare Martial Law, or to exercise military power over anyone within the territorial bounds of [COUNTRY], except in the case of invasion or rebellion, or in such exigent circumstances wherein the Senate cannot be convened; and said powers shall only extend for such time and for such purposes as shall be necessary to reconvene the Senate or restore public order; and it shall be for the Senate, or the people themselves, to decide whether the abuse of this power shall constitute an act of treason; but in either case, said abuse shall at least constitute an impeachable offense and a felony.
Whenever possible, [COUNTRY] shall endeavor to use military force as a last resort, favoring a holistic policy of solutions centered on diplomacy, information, economics, finance, intelligence, and local law enforcement; for history has shown that a warfare state inevitably aids in the demise of a Republic.