Thursday, December 25, 2014

The Constitution of No Constitution: Part IV - The Nucleus, Article II

Article II


Enumerated Rights

This, the Article of Enumerated Rights, lists and elaborates upon certain special cases regarding the Rights of Individuals as they follow from the Cardinal Principles. The purpose of this Article is to leave no margin for interpretation as to the precise nature of these specific rights as they follow axiomatically from the Cardinal Principles.



INDIVIDUALS


Right of Defense

The Right


The Individual Right to act singly or in groups to defend self, others, and property against all threats, violations, and trespass.


Elaboration 


From the Cardinal Principles the Right of Defense, the Right of each Person to defend life, limb, and property of Self, other Persons, Property, Community, and Nation from any and all forms of trespass follows directly and axiomatically. Under no circumstance whatsoever may an Individual be denied the Right to act in the defense of his own life or that of others from Criminal Trespass against his Individual Self. As such, the Right shall not be abridged, infringed, diminished, thwarted, regulated, or modified in any way whatsoever.
Exceptions:
Where an Individual has been duly convicted of the Crime of Murder in the First Degree or of Violation of the Public Trust in the First Degree and to where the Law Immutable provides for a sentence of death and such a sentence has been duly imposed, the Right of such an Individual to Life shall be forfeit, thereby rendering forfeit his Right of defense.


Right to the Means of Defense

The Right


To all means of affecting defense of life, limb, and property.



Elaboration 



The Rights of Defense and of Private Property directly and unconditionally imply the Right to the Means of exercise. The Right of the Free Man is hereby recognized, guaranteed, protected, and shall in no way whatsoever be infringed, thwarted, diminished, or regulated. The Right shall apply to all Public places and all such Private places whereupon no rightful restriction has been placed by the Owner. Under no circumstance whatsoever may the material means of self defense be barred from any property serving a Government purpose or from the Commons.

Those Under Question may have their Rights temporarily curtailed in accord to the maximally narrow specifications of a validly issued Warrant. Those specifications shall specifically list each right to be abridged, the precise duration of the disparagement, and the valid justifications for limitation. The Issuer of the Warrant shall stand fully accountable for the limitations specified in the document, as shall all Individuals who provided the information upon which the Issuer based his actions with respect to the Warrant in question.



Exception


In the case where an Individual has been duly convicted of a Crime wherein the sentence includes time to be served in prison, such Abridgement shall be permissible only in the manner and degree specified by the Law Immutable. Such abridgement does not, however, constitute and abridgement of the Right to Self Defense, but only upon certain means of exercise. 


Right to Consensual Acts

The Right:
To engage with other Individuals in any acts whatsoever regardless of nature so long as each Individual so engages with full, voluntary, and informed consent and that the acts themselves do not constitute violations of the Law Immutable. 
Elaboration 

Free Men are free to engage in any consensual acts with others, regardless of nature so long as such act do not constitute violations of the rights of others not consenting. Any violation of such acts that unwelcomely spills over into the spheres of the rights of others constitute violations of the rights of those others and must be altered immediately so as to remedy any injury or other violations to those who do not wish involvement.

Such act may include those that bring harm or even death to the participants. Non-participants retain their full rights to act in whatever manner they deem necessary to protect themselves from the unwanted injurious effects of the actions of such Individuals or groups thereof.





Right to Freedom from all unlawful government impositions

The Right
Free Men retain the right to be free from all government impositions that constitute violations of Principle or the Law Immutable.
Elaboration 


All Free Men are endowed with the Fundamental Right to be left in peace, free of interference from outside parties. This is trebly so where the intrusions are by any agent or instrument of government. Any such intrusions may be resisted as necessary with no hazard of Law posed to one who resists.
Exceptions


Where an Individual has come validly and formally Under Question or has been duly and rightly convicted of violating the Law Immutable shall he be subject to such impositions as provided for by that Law.




Right to Freedom from all forms of governmental theft.

The Right
To be free from all forms of coerced or otherwise forced taxation and other misappropriations of a Free Man’s rightful property.

Elaboration 

The expropriation of rightfully held private property constitutes a violation of the Third Cardinal Principle. Taxation of the Individual, therefore, constitutes theft and is thereby a Crime. Any other expropriation of such property is identically criminal in nature. 
Any Individual attempting to act upon such unlawful mandates shall be guilty of multiple felonies of the first degree that include theft and criminal violation of the Public Trust, each offense of which shall carry a penalty of five years at hard labor and restitution treble the assessed loss as determined by a jury at trial.




Right to Self Determination

The Right
To live and die according to One’s wishes as may be made manifest within their Lawful means, regardless of the nature of such wishes as long as any acts of Individuals or their agents do not constitute a violation of the Law Immutable and are undertaken in accord with the Right to Consensual Acts.
Elaboration 

No Man may dictate against the will of another how the other shall comport himself through his life. The Individual is within his right to undertake and an all actions and endeavors and to hold all opinions such as he may deem fit. The single restriction upon action being that is not violate the dictate of the Cardinal Postulate. There is no restriction upon the Individual prerogative regarding personal opinions.



Right to Reproductive Self Determination

The Right
To choose whether or not to reproduce. 
Elaboration 

Individuals have the absolute right to choose whether to bring children into the world. Women hold the right to decide whether to carry a pregnancy to term.
Exceptions


There are not exceptions to this right.



Right to Free Expression

The Right
To think, believe, speak, and otherwise express oneself according to the dictates of one’s conscience.
Elaboration 


Free Men are within their Rights to think, believe, and speak as they wish.  
Exceptions


Free Men, though free to issue utterances threatening violations of the rights of others, with such speech they assume the attendant risks of defensive reprisal by those against whom the threats have been issued and/or those who might come the the aid of such people. 







The Right of Possession

The Right

The right to possess any Object, Idea, or Information so long as such possession does not constitute a violation of the Law Immutable.
Elaboration 

The Free Man retains the Right to keep, hold, and dispose of anything, the possession of which he has come to in accord with the Law Immutable.




The Right to Freedom of Movement

The Right
The Right to physically move from place to place by whatever means so long as such acts do not constitute a violation of the Law Immutable.
Elaboration 





Right to Commerce and Trade

The Right
All Free Men retain the Right to conduct Commerce of any nature that does not violate the Law Immutable. 
Elaboration 





The Right to the Fruits of One’s Labor




The Right to Equality of Justice under the Immutable Law of the Land

The Right
All Individuals have the absolute Right to Equality of Justice under the Law of the Land regardless of any characteristics any Individual may possess, appear to possess, lack, or appear to lack.
Elaboration 




The Right to Due Process of Law




Right of The People to the redress of Grievances

The Right
The Right of The People to petition the government for the redress of Grievances is hereby recognized, guaranteed, and the mechanisms for which are provided for under the Immutable Law of the Land


Elaboration 




Corporate Rights


Governmental Rights

Governments have no Rights whatsoever, but only enumerated and strictly limited Powers granted unto them by the People as specified in the Orbit. No power may be granted nor may any extant power be construed as to permit the abridgment of Individual Rights except as set forth in the Nucleus.

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