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.

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.

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.

The Constitution of No Constitution: Part I





I am about to utter words that, for some, will be sacrilege. Therefore, be you warned that if you are of a lesser intestinal fortitude or find your mind tightly shut on such issues, then read no further, for I am about to take to ground an American institution that for some stands unassailable.

You have been warned.

Let me open with the full broadside, that you may take is all in with one sweeping, and perhaps reeling motion:

The Constitution of the United States of America is a weak document.

Allow me now to compound my crime by adding insult to injury:

In some ways it is actually horrid.

And now for my explanation. Do not misunderstand, the spirit of the document is laudable. In fact, I will say that as a first attempt at establishing a free land upon the fundamentally flawed concept of the nation-state, integrating the ideas of individual rights and freedom under such a model, it was quite good. This, especially given that it was done during a time and in a culture wholly marinated in Empire and the broader historical context of several thousands of years of ever expanding tyranny and other forms of political disease.

Just consider for a moment what it must have meant to undertake that endeavor. The basic notions of equality and rights were largely unheard of in practice, the dictates of the Magna Carta notwithstanding,. The mental gymnastics required to dope this whole thing out was probably well beyond the ken of most people in that day because the most fundamental assumptions upon which the endeavor was based rested far past the daily experiences of all the peoples of Empire.

Therefore, given that the Framers had no prior experience in terms of putting such concepts to practical work, I'd say they did an admirable job.

We, however, are smarter than they were in this narrow channel of consideration. Not more intelligent, mind you, but smarter because we have the benefit of an additional 225 years of history upon which to draw in hindsight. We have seen depravity that the Framers perhaps knew in theory was possible, but for whom the notion was just that - a speculative concept. I personally question whether they could have readily accepted as anything more than a horribly depraved conjecture the idea that tyrants such as Stalin and Mao would one day exist, butchering people in the ways we know and take for granted as mere historical facts.

They were not stupid men, nor naïve, but they grew up during a very unique era in human history: the Enlightenment. What did they see? Yes, there was still plenty of war and stupid politics, which of course drove much of their cogitation in the design of their Republic. But all that still occurred within a moral framework that limited the actions of all but perhaps the three or four most horrifically demented lunatics in the western world. Warfare was conducted with a sense of honor where brave (if otherwise misguided, by today's standards) men stood in opposing ranks, exchanging gunfire and then running each other through with bayonets.

The superior men of this enlightened age had dispensed with the stupidities and corruption of the churches, which had wreaked endless havoc upon the world for eleven centuries. In their eyes, and for better or worse, the world was evolving away from superstition and toward science. I can readily imagine that in their minds there was every good reason for cautious optimism; to believe there was a chance for the race of men to come to new understandings of their places in the world and to mend fences between one-time foes. Is this not a delightful thought; the end of rampaging political stupidity, endless hatred, and the horrific destruction and waste that come with men venting their anger upon each other?

Whether realistic, I can see a strong motivation for such men to want to believe that the world was heading toward becoming a better place in slow but definite fashion. They were setting a trend that stood to change the world and, so far as I can see, there was no particular reason for them to suspect that it would all go wrong to the degree and in the manners to which the race of men must now endure. Their writings clearly indicate a keen awareness of the hazards in all of this, but that does not mean they did not possess the basic optimism to which I refer.

I do not believe they imagined it possible for a single man and his regime to murder people by the tens of millions. Do you for a moment think that they would have considered it likely that men would devise methods of mechanized mass slaughter and would then set them loose on each other? I am not even sure they had the mental capacity to go there hypothetically because they had no experience with such things. The Industrial Revolution was yet to manifest. Just look at how silly science fiction movies from the 50s, 60s, and even 70s and 80s look to us. The original Star Trek series where computers still used tapes as storage media, now makes us chuckle in these respects. It was difficult, if not impossible, to get away from the limitations of that vision because imagination can stretch only so far and retain its plausibility in the minds of the people of the era in which it was conceived.

And so I believe it may have been this way for the Framers. They contrived their Constitution based on their best understandings of how the world of men operated. They would not have had the level of distrust that we do because as bad as their tyrants were, they could not compare with those of today, if for no other reason than those of past eras did not have at their disposal our modern technologies. We possess the benefit of being the survivors of Stalins and Maos; we know about mechanized warfare, and nuclear bombs, and chemical weapons, weaponized biological agents, the power of media to mold thought and perception into forms that must have the likes of Jefferson and Patrick Henry spinning like gyros in their graves. Our reality was, most likely, wildly beyond anything the Framers would have deemed even remotely likely.

We know what they could not have imagined. We see the mind-bending depravity to which men now plunge, not as matters of survival or even open and conscious corruption, but because they have been trained to crave it, to seek it out, and to practice it at every opportunity. Our Founders would barely believe what they saw, were some of us to go back in time and fetch them forward to this day. I believe it would be so incomprehensibly shocking to them that they would be unable to accept much of it. It certainly would break their hearts, I suspect.

Because of that, I see very little possibility that they could have designed a better architecture than that which they gave us. Their base assumptions about the world and men were founded on what had come previously, and to that degree it was sound. It would not be reasonable to have expected more than this of them. Therefore, we owe them a debt of gratitude. Likewise, we owe it to ourselves, THEIR posterity, to correct the errors of the past based on what we have learned in the intervening time. To my way of thinking, that means a new foundation upon which the land in which we live rests.

Their Constitution was, at best, an instrument meant for a nation of men who are ready and willing to make good use of their fundamental intelligence and learning, in pursuit of the maintenance of all that makes men worthy of their places in the Book of Life. It was meant for men of a certain minimal moral character. It was meant for a population with characteristics that no longer exist in sufficient statistical predominance to have the necessary effect on the whole. All of the personal requirements tacitly specified by the Constitution are now largely extinct from the people of America, and that is a very real, very immediate problem of enormous significance and import.

The ever diminishing presence of these qualities rings the death-knell not only for human freedom in America, but as a result of that death, the extinction of hope for the race of men globally for what could be endless generations to come. We are, each of us, witnessing as participants what may well prove to be the single greatest tragedy of all recorded human history. When America goes to Davey Jones, that will likely be it for the world for a very, very long time.

I do believe not only that the Constitution can be improved, but that it behooves us to design and contrive its successor. But where the constitution speaks primarily in terms of institutions and their powers, we now need to speak in the superior voice of fundamental principles and must do so explicitly because, unlike our forebears, we see that a dangerously large proportion of the body of men cannot be trusted to maintain the levels of proper learnedness and moral integrity that are required by a free land where the individual's claims to life are well understood and respected.

I started that very endeavor about 25 years ago when I decided to write for myself a constitution that would represent a quantum improvement over the current fare. I learned a lot for the exercise, which revealed to me that one cannot contrive a document that is perfect and self-preserving. It demonstrated that people are the key element because without them, there is no Constitution in the first place, nor are there any politics, morality, and so forth. The sole location where all of this exists and operates, and pursuant to which reality alters is the region between the ears of men. This fact is extremely important, if one wishes to hold a broader and firmer understanding of the way things work in truth and reality. The world is effected by us from the inside out, and not otherwise. Our thoughts form our realities and the power in that is immense beyond containment. If we really want the things we claim to desire, then onus rests with us to alter mind first and foremost, because wherever mind goes, Brother Ass follows.

My initial goal was to write a constitution for a nation-state to replace the current fare with one of greatly improved design. During the last few years, however, I have come to view things a bit differently. I am no longer concerned with nation-states as they commonly exist and operate, nor with anarchies. I have realized that the labels one affixes to these sorts of social arrangements matter not as much as other considerations. They are, in fact, impediments to the realization and retention of proper states of human relations because humans who seek power over their fellows have the unstinting habit of redefining those labels to suit their goals and objectives, which prove rotten in virtually every case.

Consider labels such as "liberal" and "conservative". What was once called "liberal" is now "conservative" or, more likely, "libertarian". "Progressive" is now the functional equivalent to "communist" or "socialist". That which once defined "conservative" no longer holds. In these ways, labels show themselves the weak instruments that they are in terms of retaining their meaning. Language, as a general rule, is grossly discounted in its import and significance by the average man, whom I call the "Meaner". That attitude relegates and indeed dooms such labels to a status of "dangerous" at best. All of this contributes to the general theory that on the average, men cannot be trusted to do the right things with frequency such that they do not trespass against their fellows. Therefore, the need has arisen to put into explicit language the minutiae of the principles and its derivative Immutable Law of human relations.

If "law" as currently commonplace is replaced with correct and complete principle, the potential to see the resurrection and flourish of freedom becomes very real and looms large in one's eyes. It is principle that holds primacy in terms of supplying abidingly correct values for men because those are not subject to the arbitrary whim and caprice of those people who find themselves in positions of "leadership" and for whom the temptations of power lead them to all manner of atrocious behaviors, destructive of their fellows.

What is needed is a document whose very structure focuses on the functional role of governance, as set into a rationally justifiable perspective by wrapping it in the context of the fundamental nature of human rights. What we now have, rather, is one that emphasizes the elements, features, and characteristics of government, which almost of necessity shifts the mental focus away from the human rights it purports to defend, in large part due to the set of tacitly held assumptions upon which that approach is based. It speaks of institutions notably more the rights of men which may well be due to the fact that in their minds these rights were so obviously extant that they required comparatively little mention. That, of course, is no longer true; the Framers wrote not to the man of lowest possible denominator, but rather to one of a far higher caliber. This was perhaps the greatest blunder they had made, perhaps never realizing the depths to which the average would fall in a mere 225 years. Another hazard engendered in those sorts of mental constructs as expressed in the institutions specified in the Constitution is that they have a very long history in human affairs of taking on lives of their own, growing invariably into monsters that turn on their creators and consuming them in the end.

A fine example of such lies in the concept of "government". The term itself is naught but a mere notion - a mental shorthand to denote a body of men who discharge certain functions of governance. It is a most unfortunate word, for it is of the sort that people are wont to begin taking as a thing in sé. This, of course, is purest nonsense and folly. There is no such thing as a government, in itself, yet people constantly refer to and regard it as if it were. The Framers made this horrific mistake when they referred to the powers of government, rather than those conditionally granted by the people to their fellows for the purposes of governing always on the behalf and pleasure of the former and never that of the latter.

Governments can be nothing other than monsters because taken as things by people, rather than subsets or arrangements, people themselves become the life of those monsters. Such creatures can never be mastered for very long, the choice there for wishing to be free of the jaws invariably being kill or be killed. This is a fundamental truth of human life that, thus far, we have been unable to escape and my suspicion is that so long as we remain human, this truth shall also remain.

Therefore, the architecture I sought avoids government to a degree surpassed only by pure anarchism which, ideal a form of governance as it is, may not be practicable in a world dominated by those who have been so deeply trained to the presence of the tyrant's foot on their necks and his whip upon their backs. What is familiar is comfortable and people seek comfort above all other things, regardless of form or how alien one man's flavor may seem to another. We live in Empire as have our forebears for thousands of years. Removing it in its entirety, even if possible, cannot be done except in slow measure. Therefore, at least for the time being we are constrained to remold Empire into the form least offensive to proper human freedom and relations. I do believe this is eminently achievable in terms of the human ability to contrive the right environmental foundations. The only question that remains outstanding is whether sufficient humanity craves freedom and the prosperity that flows naturally therefrom to actually screw up the nerve and the will to take that first and most difficult step, which is to alter mind.

That has been at least the partial goal of my project. To alter perspective - perception itself - by specifying a body of principles in a way that I hope would appeal to more people than it would repel. I have no idea whether I am absolutely on the right track, but my approach seems reasonable to me. Perhaps the absence of "tits and beer" will doom it to failure - I cannot say, and so that is why I here post what I have thus far contrived. In the document I speak not of institutions, but of roles. This is, I believe, a fundamental departure from any constitution on the planet that is in current effect, though I may be wrong given I've not read so many of them. But I do know the most common patterns of thought and perception in such matters and I feel fairly confident that nobody has beat me to the punch in terms of not only the basic mental approach, but conceptual architectural structure as well.

To date I have specified not the governmental entities and structures, but rather the functions of governance, rights of men, and how the two relate to each other not only philosophically, but in terms of actual practice. Equally importantly, I show the proper relationship between the rights of men and the functions of governance.

Therefore, let us now take a look at what I have wrought. It is by no means complete, nor is it perfect. But I do believe it is a reasonable beginning and present it to the world in the hope that interest in helping to perfect the concepts set forth herein may arise in some. I hold no naive illusions of this ever being realized, but I do firmly believe that the exercise and the resulting work, if sufficiently perfected, may serve at the very least as an initial enticement and a guide to others to view the matters therein addressed in a different way from that which now commonly infests the minds of otherwise intelligent, well meaning, and good people. It is my hope with this, above all else, to provide a basis for perceptual metamorphosis, that people may come to see themselves and their fellows in terms of their interrelations in ways they had never before considered.

Once again, where mind goes...


The Document itself shall be presented in several parts in successive posts, which shall be put in place forthwith that those whose interest has been awakened need not wait for installments.

Until next time, please accept my best wishes.

Monday, September 15, 2014

Facebook Is No Friend of Freedom

I am not one to write complaint articles, but in this case I will make an exception.  Facebook disabled my account because I do not use my so-called "real" name, but a nom de plume, which I do for reasons of privacy.  There are people in this world with whom I have no interest in holding conversations or having any contact whatsoever.  I'm in no humor to be "found" by some of the less stellar people I've known in years past and therefore choose to retain my anonymity to the degree that casual searching frustrates the seeker.  Naturally, anyone who really wants to find me would be able to, but I am nobody of particular note and by that fact do not expect too many hard-core researchers to be out scouring the net in the attempt to deduce my "real" identity.

Facebook has changed.  It used to be that one could establish an effectively anonymous account, but no more.  Now, one is required to enter a "verifiable" (IOW traceable) phone number and/or an image of an "government-issued ID".  This is unacceptable IMO.

Some may say that if the change is egregious then don't use Facebook.  I agree.  My purpose here is not to whine until they let me have an anonymous account, but to warn people away from using the site as they are no friends of individual liberty.

Facebook is a privately run site and by that virtue they can adopt whatever lousy policies they choose, and they have chosen so very well in that regard.  Why can there be no anonymity?  Why does Facebook feel they need to "know" who you are?  The only credible answer there is because they are in bed with government agencies who may decide to show an interest in the individual behind a given account.

So long as one is not committing a crime or acting atrociously, and many people behave terribly on Facebook, then why would they care who is behind a screen name?  There is no justifiable reason.  I must, therefore, warn people away from using it.  Yes, I know that this will have zero effect on usage, but at least I can say I wrote my peace.

I believe Facebook cannot be trusted to the end of one's nose and so long as they demand government-issued ID I will stand by that assessment.  Nothing they provide there is so important that I cannot make my way at other venues.

For me, Facebook has become an irrelevant and untrustworthy entity.  Perhaps the answer I should give is a rival site where people can establish anonymity and rest assured that nobody will be getting their information, at least not without a warrant.  I would add that such a system would be architected to retain zero information about the transactions occurring on the site.  If someone is conducting criminal activities, the "authorities" would be welcome to play tag with the parties in question in the effort to ID and apprehend the culprits.  I would have nothing more to do with such activity.

So here's to the launch of faceless.com.  Just kidding.  I have better things to do with my time.

So do yourself a favor and either discontinue your Facebook account or at least greatly limit your activity there because those people cannot be trusted in the smallest measure.

Until next time, please accept my best wishes.