Most of us agree the Transgender Community is under attack like never before. Because of the visibility we have enjoyed in the media et al. over the last 3 or 4 years including the former President doing what he could for us within the scope of his powers, today, with the installation of 45th and his gang of bigoted thugs, we are in the cross-hairs of one of the most openly anti-Trans administrations in modern history.
Our response to this must be one of unified and strategically organized national resistance. There are Trans organizations working diligently and to some degree working in coordination with one another but in my opinion, there needs to be a nationally visible Transgender body pulling all the threads together in an effort to weave together the fabric of our movement.
The vision here is not to set up another dysfunction political system. Far from it. The vision is to have a central body where a national agenda can be set, resources can be allocated and meaningful action can be taken. Nor is it envisioned to wrest control from those who have built sustained pro-Trans orgs that continue to do great works for our community. But to create a space where all of these efforts can be amplified.
To sign up to get involved go here.
So, it is with much hope in my heart for the future of our community I present the 1st Draft of the Constitution of the Trans Congress of America…
The Trans Congress Of America
Constitution
1st Draft
September 10, 2016
Revised: April 2, 2017
Preamble
We The Trans People of the United States of America, in order to advance equal legal standing and societal liberty for self identified Transgender Americans, hereby form this united body with the expectations of solidifying our individual civil rights efforts and objectives so as to create a unified voice for our movement within the United States Of America.
As Transgender Americans, we have the right to live our lives free from the interference or oppression caused by religious doctrines and political ideologies that would deprive us of equal protections under the Laws of the United States of America, and deny us the unalienable rights to Life, Liberty and the Pursuit of Happiness guaranteed to all Citizens by the Constitution of the United States of America.
Article I – Congressional Powers
Section 1 - General
All legislative Powers herein granted shall be vested in a Congress of self identified Transgender Americans who are in good standing with the Trans Congress of America, which shall consist of one body of Representatives (herein referred to as the “Congressional Body”).
Section 2 - Composition
The Congressional Body shall be comprised of three Representatives from each state elected every 2 years by popular vote of the General Membership within those States.
Section 3 – Oath Of Office
Before they enter on the execution of their office, they shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of Representative of the Trans Congress of the United States Of America, and will to the best of my ability, preserve, protect and defend Transgender Americans and the Constitution of the Transgender Congress of America."
Section 4 – President of the Congressional Body
The President of the Trans Congress of America shall be President of the Congressional Body, but shall have no vote, unless the Trans Congress are equally divided and will thereby cast the deciding vote.
Section 5 – Officers and President Pro Tempore
The Congressional Body shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when the Vice President shall exercise the office of President of the Trans Congress of America.
Section 6 - Impeachments
The Congressional Body shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. No person shall be impeached without the concurrence of two thirds of the members present.
Judgment in cases of impeachment shall not extend further than the removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the Trans Congress of America.
Section 7 - Elections
The times, places and manner of holding elections for Representatives, shall be prescribed in each state by majority consent of the General Membership in each State; but the Congress may at any time by resolution make or alter such prescription, except as to the places of choosing Representatives.
Section 8 – Assembly Of The Congressional Body
The Congressional Body shall assemble in person at least once in every year, and such meeting shall be on the first Monday in April, unless they shall by resolution appoint a different day. A different city shall be selected as the place of assembly each year.
Section 9 – Oversight Of Congressional Proceedings
The Congressional Body shall be the judge of the elections, returns and qualifications of its own members and proceedings, and a majority of the total body shall constitute a quorum to do business.
Section 10 – Rules Of Proceedings
The Congressional Body may determine the rules of its proceedings, discipline its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
Section 11 - Records
The Congressional Body shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of the Congressional Body on any question shall, at the desire of one fifth of those present, be entered on the journal.
Section 12 – Representatives Compensation
Representatives elected to the Congressional Body shall not receive a compensation for their services.
Section 13 – Passage Of Resolutions
Every proposed resolution which shall have passed the Congressional Body shall, before it become a resolution, be presented to the President of the Trans Congress of America; if they approve they shall sign it, but if not they shall return it to the Congressional Body, with their objections, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of the Congressional Body shall agree to pass the resolution, it shall become deemed ratified. But in all such cases the votes of the congressional members shall be determined by yeas and nays, and the names of the persons voting for and against the resolution shall be entered on the journal of the Congressional Body. If any resolution shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to them, the same shall be a ratified resolution, in like manner as if they had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a ratified resolution.
Section 14 – Raising and Dispersion Of Funds
The Congressional Body shall have power to lay and collect membership dues, apply for grants through 501(c)(3) Fiscal Sponsors and accept donations, to pay the debts and provide for the common defense and general welfare of Transgender Americans; but all membership dues shall be uniform throughout the United States.
No money shall be drawn from the treasury, but in consequence of appropriations made by resolution; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
Section 15 – Incorporation
At no time shall the Trans Congress of America become an incorporated entity.
Article II – Executive Powers
Section 1 - General
The executive power shall be vested in a President of the Trans Congress of America. They shall hold their office during the term of two years, and, together with the Vice President, chosen for the same term, be elected, as follows: by popular vote of the General Membership.
Section 2 - Eligibility
No person except a Trans Identified American citizen who is in good standing with the Trans Congress of America shall be eligible to hold the office of President or Vice President.
Section 3 - Succession
In case of the removal of the President from office, or of their death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President.
Section 4 – Oath Of Office
Before they enter on the execution of their office, they shall take the following oath or affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the Trans Congress of the United States Of America, and will to the best of my ability, preserve, protect and defend Transgender Americans and the Constitution of the Transgender Congress of the United States."
Section 5 - Compensation
Neither the President nor the Vice president shall receive compensation during the period for which they shall have been elected.
Section 6 – Execution of Resolutions
The President shall have the power to execute any and all actions as are dictated by resolutions of the Congressional Body and at no time shall the President solely execute actions on their own accord in the name of the Trans Congress of America.
Section 7 – Treaties, Memorandums of Understanding, and Appointments of Ambassadors and Other Public Ministers and Consuls
The President shall have the power, by and with the advice and consent of the Congressional Body, to make treaties or memorandums of understanding, provided two thirds of the Congressional Body present concurs.
The President shall nominate, and by and with the advice and consent of the Congressional Body, shall appoint ambassadors, other public ministers and consuls, and all other officers of the Trans Congress of America, whose appointments are not herein otherwise provided for.
Section 8 – State of the Trans Movement
The President shall from time to time give to the Congressional Body and the public information on the state of the Trans Movement, and recommend for their consideration such measures as they shall judge necessary and expedient; they may, on extraordinary occasions, convene the Congressional Body, and in case of disagreement between them, with respect to the time of adjournment, the President may adjourn the Congressional Body to such time as they shall think proper; the President shall receive ambassadors and other public ministers; the President shall take care that the resolutions be faithfully executed, and shall commission all the officers of the Trans Congress of America.
Article III – Dispute Resolution
Any internal ethical or other varied disputes arising between members of the General Membership shall be adjudicated by a panel of 9 members of the Congressional Body to be chosen by lottery. The decision of the panel is final with no appeals.
Article IV – Addition Or Modifications To Constitution
The Congressional Body, whenever two thirds shall deem it necessary, shall propose amendments to this Constitution, or, on the application of a majority of votes from the General Membership of two thirds of the 50 states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution. An amendment shall only be deemed ratified by a majority vote of the General Memberships of three fourths of the 50 states.
Article V – Membership
Section 1 - General
Membership to the Trans Congress of America shall be deemed valid upon receipt of:
1. The yearly membership dues as required by the current ratified resolution of the Congressional Body affixing the amount of such dues but in no case shall the dues required be less than Ten United States Dollars ($10.00).
2. A signed affidavit swearing, under penalty of perjury, that the member is a self identified Transgender American.
3. Proof of US citizenship.
Section 2 – “Transness Test”
No “transness test” shall ever be required as a qualification to membership, any office or public trust under the Trans Congress Of America.
Amendments
First Amendment
No self identified Transgender American can be refused membership to the Trans Congress of America or the benefits of membership based on race, religion, gender, sexual orientation, gender identity, anatomical makeup or disability.
Second Amendment
All individual gender expressions are valid and to be accepted, respected and supported by the Congressional Body and the General Membership.
Third Amendment
Nobody's transition invalidates anybody else’s transition or lack thereof.
Fourth Amendment
All Transgender Americans have the right to proper healthcare and transition services.
Rachael Rose Luckey is an equal rights activist, with special emphasis on the LGB/Trans Movements, living in Los Angeles. She is one of only eight elected openly Transgender Government Officials in the nation. She is also an officer with the Stonewall Democratic Club and participates on varying community advisory committees. (The views expressed are solely her own and do not represent the views of any political party, organization, government entity or candidate/elected official)