Thursday, December 25, 2014

The Constitution of No Constitution: Part II - The Nuclear Preamble and Article Zero

The
Principles
And
Derived Law
- Of -
Proper Human Relations
For The
Self Governance
Of
Free People

Nucleus

Preamble

Herein are presented the First Principles, Secondary Principles, and the Body of Law that thence derives directly, axiomatically, and apodictically by which Free Men may comport themselves with proper self-governance.


The provisions and specifications of this Embodiment shall be set forth in two separate Sections that are to be called the Nucleus, of which this Preamble is a part, and the Orbit.


The Nucleus addresses questions and issues that are of a fundamental and inherently immutable nature, the specifications and requirements of which no man or group thereof, however constituted and regardless of claims, assertions, or boasts to the contrary, may claim authority to violate in any measure, at any time, or for any reason.


Included herein are the Apodictic Principles that arise naturally and axiomatically as the result of the fundamental and self-evident nature of our existences as living beings. These Principles are set forth and enshrined within the Canon Of Inherence.


This Nucleus further derives and formalizes the Secondary Axioms that follow in direct and obvious fashion from the apodictic First Principles. These Axioms constitute the Canon Of Proper Human Relations, setting forth the basis of principled self-governance for Free Men.


From the specifications of these Canons derive the Principles of Practical Governance and are stipulated herein.


The identifications, derivations, and the consequent specifications and requirements of this Nucleus shall constitute the Immutable Law of the Free Man, which no Individual or group thereof shall be authorized to violate in any measure or manner, at any time, or for any reason whatsoever.

There shall be no valid means of affecting change of any form, nature, or degree to any part, portion, provision, concept, principle, or word of this Nucleus. The Nucleus shall remain inviolate in perpetuity, each man holding supreme authority to defend the sanctity and force of the Law Immutable against all who threaten violation. Regardless of circumstance or claims of license to the contrary, any assertion discordant with the Immutable Law of the Free Man is by definition and of necessity colored, and therefore false, invalid, and possessing no just capacity. No Free Man shall be obliged or otherwise compelled to comport himself in the least burden with such colored fiat, standing centrally within his perfect Right to refuse such mandates and challenge them to whatever degree he deems necessary to preserve the sanctity of his Rightful Claims to Life.


The Orbit shall address issues of a changeable nature such that they may be altered through the mechanisms and under the conditions provided by the Immutable Law of the Land as set forth within this Nucleus. By no other means whatsoever is any word of the Orbit to be altered.


No Free Man living under the Protections of the Law Immutable shall be compelled to comply with any Orbital Law that is in conflict with, or constitutes a violation of, the provisions set forth within the Nucleus. All Free Men are entitled by nature to refuse compliance in all cases where Orbital Law conflicts with the Rights of a Free Man or where doubt shall arise as to whether an Orbital Law conflicts with said Rights. 


In matters of Orbital Law, no Free Man shall be compelled to comply with directives of any sort that have not been incorporated into the Orbit by way of the complete and proper formal procedures. All Free Men shall rest firmly within their Rights to refuse compliance with any such imposition upon their Pleasure, regardless of how minor it may seem or how important or necessary, and regardless of how widely accepted by his Fellows. All such Persons refusing compliance shall be within their Rights to employ whatever means they may deem necessary to throw off such violations and preserve their sanctity.


This Nucleus identifies and labels three statuses under which any Man may fall, depending upon certain, specific circumstances. These three statuses shall be “Free”, “Criminal” and “Under Question”. The terms “Free Man” and “Free Men” denote all individuals of Free status, versus those who have demoted themselves through improper action to that of “Criminal” through their acts of violation against the Rights of their Fellows. The status of “Under Question” applies to those who have been accused of having committed a violation of the Immutable Law of the Land. Such persons may be curtailed in their Rightful Claims, but only under very specific circumstances and in the most narrowly defined ways, given those circumstances.


Thus endeth the Preamble.




Government has no place in the affairs of Free Men, save to equally guarantee and protect their Natural and Unalienable Rights, and as such must never interfere with them. Governance may, however, be legitimately imposed upon the Criminal who, through his actions, has demonstrated his incapacity or unwillingness to govern himself such that the Rights of his Fellows are well and properly respected. Governing officials may, upon Oath and Affirmation of Reasonable Cause, investigate allegations made against a Free Man to determine whether he has violated the Rights of another. Such investigations must be carried out in the manner and to the degree permitted by the Immutable Law of the Land.


Governing officials may also be called upon in cases of conflict between parties, but only when asked to assist in resolving the issues in question or in cases where a party to the conflict may be incapable of so asking, it would be reasonable to assume they would welcome assistance, and no compelling contraindication of the assumption exists.


As with all Free Men, Governing Officials retain the authority to aid his Fellows in the protection of life, limb, and property.


Governance must by definition be just in order to be legitimate. Systemic injustice constitutes prima facie proof that Governance is not in evidence, but rather that Tyranny and de facto Institutionalized Slavery are. Rule of Law cannot be relied upon to justly serve a Free People precisely because Free Men are never to be ruled and Law is too often reflective of the tyrant’s whim and caprice.


Therefore, in order that Governance serve the Individual in a just and welcomed fashion, its structure, metes, bounds, roles, purposes, and granted authorities must be derive from a rational meter based in sound Principle. Such a body of Principle sets forth the objective standard by which Governing Office and its granted Powers may be specified, implemented, maintained, and to which its office holders are to abide in good faith and service and to which they are to be held strictly accountable for their actions and the results thereof.






Article Zero


The Canon of the Free Man



This, the Canon of the Free man, formally sets forth the irreducible and apodictic Principles of Absolute and Unalienable Human Sovereignty and the Fundamental and Natural Rights that follow axiomatically therefrom.


The Principles that follow herein comprise the bedrock upon which the Immutable Law of the Free Man rests and to which all other considerations shall yield. In those cases where conflicts between these Apodictic Principles and any other issue may be discovered, said Principles shall hold the absolute weight such that the issues and considerations yield without contention. The Just and Rightful Claims set forth herein are shared equally by all Free Men under the protections of the Law Immutable.


Cardinal Postulate


The natural and self evident status of each Individual Man is that of a Free and Sovereign Being. This truth is particularly significant where questions and considerations of the Individual’s existence with and about his Fellows arise. The sovereign status of Free Men derives directly from a single premise, the Cardinal Postulate. Once accepted, the Postulate leads promptly and axiomatically, to the Body of Apodictic Principles that demonstrates and enshrines the complete basis by which one arrives upon relevant Truth.


The Cardinal Postulate states:



  1. All Free Men hold equal Just Claims to Life.



Elaboration


Whereas, Men may endeavor to assert all manner of claims upon Life that are of an ill-reasoned and, therefore, unjust nature, the Claim to Life itself is inescapably just and proper. The Just Claim of one’s Right to Live is shared equally by all Individuals. A Just Claim, being a Right, the equal Just Claim to Life shared by all Men constitutes the irreducible and apodictic basis of their Equal Rights.


By its very nature, the equal Just Claim to Life circumscribes about each Free Man a boundary beyond which no other man may cross without permission. In violating this boundary one may be justly viewed as having reduced himself in status from Free Man to Criminal, or at least a man Under Question.






From the Cardinal Postulate follow the Fundamental Principles of Just Claim: 




First Principles


The First Principles are the direct, immediate, axiomatic, and apodictic inferences that follow from the Cardinal Postulate, thus comprising the body of Apodictic Principles upon which the Canon of Proper Human Relations is based and therefrom, the Immutable Law of the Free Man. The First Principles number four and are labeled the First-, Second-, and Third Fundamental Principles, and the Cardinal Prohibition.


First Fundamental Principle


The Principle states:



  1. Every Individual is the Sole and Absolute Proprietor of his own Life.



Elaboration


This is the Principle of Self-ownership. Being an owner directly implies the existence of the thing owned, which we call “property”, and the owner who rightly possesses it. In this case, the owner and the thing owned are one and the same. 


Being the sole proprietor of one’s own life carries with it several fundamental implications including, but not limited to those of maintenance and disposition. Ownership is defined as the sole right to a thing including the right to determine the disposition of the thing owned as the proprietor deems fit. 


No man may exercise an ownership right of any sort upon the Life of another Free Man without consent. He may, however, assert certain claims upon the life and other property of another Man as the result of the violation of the Rights of the former by the latter.




No Free Man holds Claims to Life superior to that of any other, nor are they inferior. To reject this requires by necessity that one reject the Cardinal Postulate


No Individual, group thereof, or other Entity may assume ownership of, or exercise ownership rights or such equivalent powers over any other Free Man, or group thereof, under any circumstance without the free and explicit consent of each Individual. Such powers may, however, be exercised over those Individuals who have been duly convicted of a Crime in full and proper accord with the Immutable Law of the Free Man. Such powers may be exercised only in the manner and to the degree specified by the Law Immutable.




Second Fundamental Principle


The Principle states:


Every individual holds the absolute right to think and act in accord with his Freewill.


This is the Principle of the Right of Action under Freewill.


Elaboration


Each Individual may act in accord with the dictates of his conscience as long as such action does not violate the Principles of this Canon. Circumscription of this Right may be imposed upon those having been duly convicted of a Crime in full and proper accord with the Immutable Law of the Free Man. Such abridgement may be applied only in the manner and to the degree specified by the Law Immutable.


Bringing harm to oneself shall not be construed as a violation of the Canon, but always as being within the bounds of Individual prerogative. In cases where one or more Free Men act to thwart the acts of another Free Man that threaten his own safety, such Free Men shall stand fully accountable to the man thwarted for their actions and the stymied party shall sit in judgment of those who crossed him.



Third Fundamental Principle


The Principle states:


Every Individual holds the Right to acquire, keep, and dispose of Property.


This Principle embodies the explicit Right to Private Property.


Elaboration


The Right to Freedom of Action directly implies the right to acquire, keep, and dispose of Property. All Individuals hold the Right to private property as their abilities and material means may permit insofar as such acquisitions constitute no violation of the Immutable Law of the Free Man. No Orbital Law may restrict this right.


No Individual may be deprived of his rightly and justly acquired Property except upon having been duly convicted of a Crime or been found to have committed a tort in Courts of Equity and in either case where it has been demonstrated that material losses to the victims were incurred as the result of the Defendant’s actions as they pertain to the case in question. Under such circumstances the guilty party may be stripped of rightly and justly acquired property to the extent that such property may serve to compensate victims in whole or in part as provided for in the Orbit.


An Individual may be stripped of any and all property that is proven to have been acquired in violation of the Immutable Law of the Free Man after having been duly convicted of such violations in a Court of Law Immutable.




The Cardinal Prohibition


The Prohibition states:


No Individual, group thereof, or other entity may violate the Rights of an Individual or group thereof.


This is the Principle of Non-Violation or No-Trespass.


Elaboration


Under no circumstance whatsoever shall an Individual, group thereof, or any Agent, Agency, Office, Representative, or other Instrument of Governance violate or otherwise trespass upon the Rights of an Individual or group thereof. This specifically includes the employment of force to coerce or otherwise interfere with an Individual or group thereof against their respective Wills except where such Individuals have been duly convicted of a Crime in a Court of Law Immutable or in cases where an Individual’s behavior is such that it is reasonable to conclude that He intends on imminently committing acts of violation against Persons or Property without the consent of such Persons and Owners.


Furthermore, those found to have violated the Rights of their Fellows may be held accountable for compensating those whom they have injured. Such compensations may derive from the properties of the guilty party up to and including the indentured servitude of the guilty for a time and in a manner set forth by a jury.




Thus endeth the Canon.


Upon the Canon shall all human behavior be measured and the Immutable Law of the Free Man based. Upon no other principle shall it be so. Any Orbital Law in conflict with the provisions of the Canon shall be null, void, and without effect upon any Individual, all of whom shall retain the full right to refuse compliance and take any action whatsoever against anyone attempting to force submission.





The Canon Of Human Relations







Corollaries to the Cardinal Principles


These Corollaries follow axiomatically from the Cardinal Principles and the equal claim to fundamental rights that all Individuals share.



  1. Each Individual, by definition a Sovereign Being, is entitled by virtue of their Sovereignty to live freely and unencumbered by unwanted interference of any form from any source whatsoever, and to act pursuant to their uncoerced Will as may constitute no violation of the Law Immutable, whose Protections guarantee Personal Freedoms that are expansively broad while imposing stricture that is vanishingly small.
  2. No Individual, Body of Individuals acting in common, Agent, or Instrument thereof may act upon a Free Man in such a manner as to deny, deprive, diminish, abridge, modify, thwart, or in any other way violate his Rights or his exercise thereof of without his properly informed consent, and then only in the manner and to the degree to which he has authorized. Where any ambiguity or conflict may exist in the language of consent, each party is to interpret terms so as to impose the minimum trespass upon the other.
  3. No Individual may initiate action in violation of the Rights of another Individual
  4. All Individuals hold the Right to respond to action initiated against them, others, or property, that are in violation of the Law Immutable. Such responses may be undertaken for the purposes of defending themselves, other Individuals, or Property against such violations.
  5. Any Individual acting in violation the equal Rights of another places themselves in peril such that their own Rights may fall forfeit as the result of those against whom they trespass act to defend themselves.
  6. Any Individual injured or killed while acting within his proper Rights against another who has violated, or is attempting to violate him, the latter shall upon conviction be held trebly accountable in punishment and compensation for his crimes.
  7. A Right directly implies the Right to the Means of Exercise. All Free Men holds the Right to acquire the means to exercise any and all of his Rights such as his abilities and Lawful action may allow. No other Man, group thereof, Agent, or other instrumentalities, direct or oblique, may act in any measure or manner to thwart the rightful acquisition of such means at any time, for any reason whatsoever. The Free Man stands within the center of his Fundamental Rights to act against any violation of his Right to Acquire in whatever capacity he may deem necessary.
  8. The absolute nature of the Right to Private Property implies that all title to his rightfully acquired property is similarly absolute and allodial. Encumbrance may be placed upon property only through agreement and never by coercion or other force.
  9. No instrument of Governance may encumber legitimately held Private Property except where acquisition and/or possession is formally proven to be criminal in nature or otherwise constitutes a breach of the rights of another. Where legitimate questions of criminality exist relating to such possession, instruments of Governance may restrict the Right to Private Property until such time as said questions are settled under the Law Immutable. Property may not be removed from One’s possession without the disproof of valid ownership having been duly established.
  10. In all matters of conflict between Principle and Law, Law always yields to Principle.
  11. Interpretations of the Law must be made such that the results constitute no violation of the Cardinal Principles or any Individual Right following therefrom.
  12. Any Mechanism of the Orbit that interferes with Individuals from exercising their Rights and prerogatives pursuant to the provisions of this Nucleus is null, void, and shall carry no force of Law.
  13. Any Individual acting in a capacity of Governance is strictly and personally accountable to all People for every such action. Such accountability applies to all Individuals acting as agents, representatives, or other Instruments of governance, either directly or indirectly, under direct or indirect command.
  14. Upon satisfaction of a criminal debt, all persons are immediately restored to full rights upon release from imprisonment. Such persons may, however, be required to make material restitutions for their crimes even after release. Such restitution shall be in Lawful proportion to the losses incurred by those upon whom the crime was committed and as have been duly imposed by a Court upon sentencing.
  15. No Individual may be tried in Court for the same Crime twice.









Corollary:


No Individual or group thereof acting as an Agent of any Governing entity employ force against another individual or group thereof to coerce them into taking actions against their respective Wills.


Corollary:


Any Free Man or group thereof may resist any attempt at force against them by any Entity whatsoever and may take whatever actions provided for by the Law Immutable necessary to thwart the use of such force.


Corollary:


Any Free Man duly notified by proper and valid procedure of His coming Under Question must defer to the authority of the serving party. Such deference is required only in the manner and to the degree specified by the validly issued Warrant. No further restriction may be placed upon one so served and he may resist with all means at his disposal any attempt by the serving party to expand the scope of the Warrant.


Corollary:


Any Free Man causing another to come Under Question shall stand accountable to the other for the veracity and accuracy of his accusations. Intermediate agents of the originating accuser, acting in the service of justice, shall remain immune to such accountability insofar as their service has resulted in no injury to the accused beyond the falsehood of the charges.






Exception I:


A governing Entity, Individual, or group or combination thereof may employ force, individually or collectively as provided for by the Law Immutable, to force another such entity to execute acts it is bound to perform by Law, or to prevent them from executing acts they are prohibited from engaging in by the Law.


Exception II:


A governing Entity, Individual, or group or combination thereof may employ force, individually or collectively as provided for by the Law Immutable, to prevent the commission of a crime by a governing Entity, Individual, group, or combination thereof.


Exception III


A Governing entity may employ force against any Individual, Corporation, or other Fictional Construct wherein such has been duly convicted of Crime, to compel behavior of the convicted party as may accord with the Law Immutable.


Under no circumstance whatsoever shall the collective interests of a group of Individuals be considered, enforced, or otherwise acted upon by any Entity in such a manner as to cause a violation of Cardinal Principles or any provision of the Immutable Law of the Land. The interests of the Individual may never be materially suborned to those of a collection of Individuals, acting in common or otherwise.

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