Thursday, December 25, 2014

The Constitution of No Constitution: Part III - The Nucleus, Article I

Article I

Entities under the Immutable Law of the Land

This Nucleus establishes, as one of the Law Immutable, that there shall be recognized under such Law three categories of Entity to which said Law shall apply. The Law shall apply to all such Entities that exist within the borders of all the lands to which the Law applies, including its Territories, Possessions, and Protectorates. All that exists within the borders of the Land, its Territories, Possessions, and Protectorates shall fall under only one of the categories. The basic Entities recognized under the Law of the Land shall be called Subjects, Objects, and Fictional Constructs. All other specifications of subclasses of entities shall fall under the definitions of only one of these three categories and shall serve as nothing more than specific enumerations thereof.

A Subject is defined to be any living being.  

An Object is anything non-living. 

Fictional Constructs are conceptual structures that serve specific purposes under the Law but possess no material reality of their own. The purpose of such Constructs is to serve as aids in understanding how the Law may be applied in specific situations. They serve as guides to understanding and proper action, as well as convenient shorthand terms used pursuant to the goal of facilitating communications. In no way whatsoever are such Fictional Constructs to be construed as having material realities of their own, independent of the minds that conceive and employ them.

Subjects may be further broken down into Individuals, Animals, Plants, and Microorganisms. Individuals are Human Beings and any other living Beings determined to be sentient, and as such are endowed with Inalienable Rights by virtue of their status. Animals are rightly entitled to be free from cruelty at the hands of Individuals. The endowment of Rights upon Animals shall be determined and codified in Orbital Law where any conflicts between such Entitlements and the Private Property Rights of Individuals shall be resolved.

Fictional Constructs may be granted Limited Rights or Limited Powers as set forth by Law. Such Rights are of a contractual nature and are not inherent to the Entity in question, but rather granted per the provisions of the Orbit. Under no circumstance may such Rights or Powers confer any legitimate mechanism by which Individuals, acting as officials, agents, or any other instrument of such a Fictional Construct, may violate the Inalienable Rights of Individuals. In all conflicts between the Limited Rights and Powers of Fictional Constructs and the Unalienable Rights of Individuals, the latter shall prevail without exception or discussion.

Objects possess no Rights.

Other subcategories of entity may be defined in Orbital Law but may not conflict with the specifications set forth in this Nucleus.

The following specific examples of categories of Subjects and Fictional Constructs are given as special cases of particular significance. 

The Nation is a Fictional Construct upon which the People imbue certain conceptual characteristics, contractual Rights, and Powers as specified by Law.

Government is a Fictional Construct possessing no Rights whatsoever. It represents the set of Individuals who at any given time occupy positions of office and special trust with respect to the administration of the Law Immutable. The various Entities of Government may be granted certain closely limited Powers by the Body of Free Men. The People may rescind or modify those Powers at any time by mechanisms as defined in the Nucleus. The restrictions applicable to a Government also apply to any subdivision thereof, including all Individuals acting as instruments of said Government or Subdivision. Individuals acting in governing capacities as members or other agents or instruments of such a Fictional Construct may under no circumstance interfere in the rights of Individuals except as provided for by the Law Immutable. No provision of Orbital Law shall carry such authority at any time or for any reason whatsoever.

Government Powers shall never extend to allow for violations of any provision of the Immutable Law of the Land, whether in whole or in part. Governments are, by definition, comprised of and controlled by Individuals or Bodies of Individuals acting in common whose Rightful Authority may never supersede those of other Individuals except as provided for by the Law Immutable. Therefore, as Agents or Instruments of governance, such Individuals bear full personal responsibility for their every deed regardless of behest.

Corporations are Fictional Constructs possessing limited Rights as set forth by the Law Immutable, as well as Powers and Protections as may be granted by Law through mechanisms as defined in the Orbit. Such Powers and Protections constitute Privileges that may be rescinded or modified by the People, either in part or in whole, either specifically to a chosen set of Corporate Entities or universally through mechanisms as defined in the Orbit. Actions taken by Corporations pursuant to those Powers and Protections shall not extend to violations of the Rights of Individuals or the Immutable Law of the Land. The restrictions applicable to a Corporation also apply to any subdivision thereof, including Individuals acting as instruments of said Corporations or subdivisions. Corporations are, by definition, controlled by Individuals or Bodies of Individuals acting in common and are therefore Agents or Instruments of such Persons or Bodies of Persons.

Corporations shall enjoy the full Protections of the Law but shall likewise be held strictly accountable for their actions such as may constitute violations of the Law. Other Fictional Constructs may enjoy similar Protections as shall be specified in Orbital Law.

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