Public trust
The exercise of sovereign public authority is a fiduciary trust owed to the people represented by that authority.
Capital betrayal
A person who intentionally exercises, controls, sells, diverts, conceals, or corrupts sovereign public authority for material private or affiliated gain may, upon conviction of Capital Betrayal of Public Trust under this Article, be punished by death.
Narrow construction
No person shall be convicted under this Article for political belief, public advocacy, lawful contribution, policy disagreement, negligence, incompetence, mistake, association, ordinary influence, or an unsuccessful exercise of public judgment. Individual intent, participation, material gain, corrupt nexus, material betrayal, and capital qualification must each be proved.
Covered persons
This Article applies to elected officials, appointed sovereign officers, persons formally delegated material sovereign authority, and persons proved to have exercised de facto sovereign control through corrupt agency, bribery, coercion, blackmail, or concealed beneficial control.
Tribunal
Congress shall establish independent institutions for initiation, investigation, defense, trial, citizen confirmation, automatic review, evidence preservation, and sentence enforcement. No institution shall exercise incompatible functions as defined by law.
Adjudication
No death sentence shall be imposed unless a unanimous trial jury finds every element proved beyond a reasonable doubt; a separately selected national citizen jury confirms capital eligibility by no less than ninety percent; and an independent appellate court affirms the judgment after automatic review.
Mandatory consequence
When the requirements of this Article have been satisfied and the judgment has become final after mandatory review, the punishment shall be death. No political officer or body may pardon, reprieve, commute, or grant amnesty for the offense.
Innocence and legality
Courts shall retain jurisdiction to vacate a judgment for actual innocence, insufficient evidence, fraud, withheld evidence, compromised adjudication, or violation of the procedures required by this Article.
Prospective application
No person shall be punished under this Article for conduct completed before its effective date. Existing conduct may be investigated or disclosed but may be punished only under the law applicable when it occurred.
Federal power
Congress shall have power to define and enforce this Article throughout the United States, its territories, possessions, and political subdivisions, and to establish minimum standards binding on federal, state, territorial, and local institutions.
Supremacy and retained rights
This Article supersedes prior constitutional provisions only to the extent necessary to authorize the offense, punishment, Tribunal, national jurisdiction, and limitation of clemency expressly established herein. All other constitutional rights remain in force.
Effective date and certification
The substantive offense shall take effect only after implementing legislation is enacted; independent defense, evidence, jury, and review systems are operational; and the Tribunal has completed a public certification and adversarial testing period.
Drafting rule: implementing legislation may narrow these protections. It may not broaden capital eligibility by analogy.