16.Constitution: The Government of the Several States
Constitution: The Government of the Several States
The Government of the Several States, Possessions and Territories
“The Market for Production of Commons”
The Purpose of Governments is the creation, maintenance, and preservation of the disproportionate returns on the production of Commons free from privatization of those commons, free riding upon those commons, and and socialization of losses into those commons;
All peoples differ in distribution, ability, wants, and needs, and require the political, economic, social, and interpersonal incentives, information, services, and goods, to serve themselves, their kin, friends, and fellows.
As such while The Law remains constant across all life, the means of production of commons and the choice of commons, and the processes, rules, norms, and signals used in the construction, maintenance, and preservation of those commons, differs between individuals and groups.
This Constitution provides a means by which groups may produced commons, processes, rules, norms and signals best suited to their interests, by providing a choice of means of governance that prohibit corruption, parasitism, fraud, and deceit in the production of commons.
Conversely, this constitution provides a means by which people may choose their interests poorly – and therefore pay the consequences of that poor choice
Governments, like all Organizations, universally evolve to maximize Rent Seeking (Parasitism) and Fragility rather than the optimum production of returns on Commons, or sufficient reserves and flexibility that they can survive and adapt to socks.
This Constitution eliminates and shall eliminate, Parasitism, bureaucracies, politicians, political parties and limits political discourse to the voluntary production of commons of benefit to the local polity;
(Counsel: by removing politicians and political parties, and false, irreciprocal, and unwarrantable speech from the political discourse, we are left with a wide range of choices of government, from the least to the most participatory, and from the most corporate to the most kinship. In this Article, the Several States may choose that method of government free of political corruption, but suitable to their demographics and interests.)
People, as an organization will as readily use their political order to seek privatization of others commons, or to free ride upon others commons, or to socialize losses into others commons; as they will upon one another;
This constitution eliminates and shall eliminate, predation, parasitism, and harm by one polity, upon the commons of another polity.
(….) challenge of our age
And this Constitution reverses and shall reverse the ability of Cities and non-cities to force policies that they favor upon one another;
We Ascend the following Requirements, Rights, Obligations, Prohibitions and Warnings:
1. A Territory shall consist of areas under control of the State, whether or not the State possesses the territory that area occupies.
2. A Territory shall be formed or dissolved by the State by whatever means the State decides.
3. Territories shall include but not be limited to Embassies, Offices, Military Bases, Protectorates, Private Territory Unders State Protection. Trade Routes. Waters. Airspace. Terrestrial Underground, Terrestrial Underwater, and Extra-terrestrial Routes, Ways, Spaces, objects, territories, resources, and undergrounds.
1. A Possession shall differ from a Territory in that (a) a Possession contains a population, (b) that the People of the Possession may organize a government to produce commons, (c) the State shall limit the production of those commons, (d) the State shall appoint Governors, Judges, Sheriffs, The Regiment or Regiments, and all other roles responsibilities and functions within that Possession, to regulate and insure the conformity of that Possession with the Law and this Constitution.
2. A Possession shall have no influence upon the State or its holdings, whether Information, Political, Military, or Strategic.
3. A Possession shall be formed by not less than fifty-thousand people in a contiguous territory. A possession may form a Several State upon meeting and warranting the criteria for Several States.
1. The purpose of a Several State is to provide for its People those commons most suitable or desirable to those people, and no other purpose whatsoever external to that Several State and its people.
2. A Several State shall be formed by not less than five hundred thousand People in a contiguous territory.
( Counsel: One my not ‘block’ a voluntary transaction for gain. If such an attempt is made the individual shall be compensated at market value plus twenty percent, and the territory appropriated and transferred. This is defense against violation of reciprocity by interference in production for personal gain, rather than contribution to production for personal gain.)
3. For the purpose of sovereign administration, Several States shall divide into Cities, and Counties. Cities shall divide into Districts, Districts into Neighborhoods, and Neighborhoods into Homes. Counties shall divide into Shires, and Shires into towns, villages, and homes.
1. Any City with population greater than five hundred thousand people with at least five hundred people per square mile shall involuntarily Ascend to a Several State, and submit a constitution to the State (the court), or shall be involuntarily converted to a Possession and have a constitution imposed upon it by the State (Court). Any city which devolves from such condition may dissolve in an organized manner by submission to and acceptance by, a plan by the State (Court).
(Counsel: As in all things, Nor shall any art or artifice be used to circumvent this charge.)
( Counsel: Cities may no longer impose will upon those with lower population density. Cities may not)
1. A Region shall be formed by a treaty between three or more contiguous Several States, and shall be formed by and within the same criteria as the Several States.
(Counsel: Permits regional governments for the organized production of mutually beneficial economic policy.)
1. A City shall be formed by of not less than ten thousand people of at least five hundred people per square mile. Must conduct business by a mayor, a city council, and pay for its own Justices, Sheriffs, Police and Emergency Services.
(Counsel: Limits Cities to minimum population density.)
1. A City, County, Town, and Shire shall be divided into districts of common interest, each consisting of not less than ten thousand people, over which the citizens determine district policy.
1. A District shall be divided into neighborhoods of common interest, each consisting of not less than one hundred people in contiguous space, over which the citizens determine neighborhood policy.
(Counsel: Cities and City States shall divide into districts, shall divide into neighborhoods, shall divide into homes.)
Counties and Shires
1. A County shall be formed from not less than twenty five square miles of contiguous territory, regardless of population, or density, by the citizens residing within it; with those few counties under that size at the time of this writing, grandfathered. A County shall conduct business by a County Council and pay for its own Sheriffs, and Emergency Services.
1. A town shall be formed by and consist of, not less than ten thousand people. Shall conduct business by a mayor, a town council and pay for its own Sheriffs, and Emergency Services.
1. A village shall be formed by and consist of, not less than one thousand people, residing in a contiguous space, who shall select at least one secretary whether paid or not, and shall select and must pay for at least one Sheriff.
1. As of the writing of this Constitution, there is no land open to homesteading on this planet. However, in the event the possibility exists, to homestead property, one shall (a) improve it for permanent habitation by the construction of a home that will survive for one hundred years, (b) fence the territory, (c) improve it for permanent production of goods, services, or information, (d) do so for a period of not less than three years, during which no other may lay claim.
2. Under no conditions shall a ‘squatter’ hold rights for any reason or any duration, without exception.
(Counsel: Squatting is theft.)
1. Under no conditions shall ‘migrants’, ‘vagrants’, ‘tinkers’, ‘gypsies’ be permitted movement or stay. Instead such people shall be relocated to wilderness camps, and their means of transport destroyed, thereby prohibiting their further movement.
( Counsel: Vagrancy is theft, and export of hazard and risk. )
1. All Citizens of all territories have the right to self determination in the production of those commons best suited to their interests, that do not impose costs upon the demonstrated interests of others.
(a) Any territory of any State any scale, may Secede, Transfer, or Ascend, if in the chosen interests of the people of that territory should they fully conform to this constitution.
(b) Any territory of any State may secede, and transfer between states, or ascend to Several Statehood if in the chosen intersets of the people of that territory should they fully conform to this constitution.
(c) Any territory of that today called Canada may join these states if in the chosen intersets of the people of that territory should they fully conform to this constitution.
(d) Any territory of that today called Mexico may join these states if in the interests of the people of that territory, should they fully conform to this constitution.
1. Constitutions and Amendments.
1. Each of the Several States shall construct a and Propose a Constitution for self government, according to requirements and demands of The Law set forth in this Constitution. The Court shall approve or reject these Constitutions within one hundred and twenty days, with or without comment. Should a Several State fail to produce a constitution that passes Juridical Assent within a period of six months, then the Military Shall Take Possession, thereby converting the State to a Possession, establish martial law; and a constitution shall be provided to that Possession by the Court within ninety days, and a government imposed for a period of three years; after which the polity may resume self governance as a Several State.
( Counsel: Enforces strict construction of constitutions, gives opportunity for reformation, and Eliminates the “Quebec Strategy”)
2. Any of the Several States may Propose an Amendment to this Constitution, where such an amendment alters Practice and Policy not Declaration and Claim; and then submit it to Supreme the Court. It shall Ascend upon approval (a) by three fourths of the states, (b) by over three fourths of the population, (c) populating three fourths of the territory, (d) the Supreme Court, (d) the military, and if extant, (e) the Monarchy.
1. The Several States shall produce Acts in the form of Contracts of the Commons, by whatever means they choose; where the scope of such acts is limited to their territorial jurisdiction; but such acts shall be constructed according to demands of The Law set forth in this Constitution and where where not in contradiction, conflict, or conflation, or confusion with this constitution, whether in whole, in part, or in definition.
( Counsel: (a) The term “legislation”, being a lie is prohibited. Governments produce Acts. The law is the law and only the law is law. (b) this clause maintains separation between Law and Mythology, Propaganda, or Positioning. )
2. No Act shall Ascend without Assent by the Court. The Court shall Assent if and only if the Act is constructed according to demands of The Law set forth in this Constitution and where where not in contradiction, conflict, or conflation, or confusion with this constitution, whether in whole, in part, or in definition. Otherwise the court shall Dissent and thereby Veto the Act, prohibiting it in whole, in part, and in definition. The Court shall determine the means and methods by which it reviews, Ascends or Dissent and Veto Acts.
3. Acts constraining or licensing Public behaviors in display, word, and deed shall be determined by the smallest, most local, governmental body extant, and no higher government shall interfere save limiting the export of costs of lesser limitations on display, word, and deed into other polities with greater limitations on display word and deed.
(Counsel: Norms shall be determined locally and greater discipline prioritized over less discipline.)
3. The Production of Acts
1. The States and their Subdivisions may form Governments for the Production of Acts (Contracts of the Commons) by any combination of the following means:
1. Monarchical (Hereditary, Familial, European Model)
1. A Monarch shall be elected or appointed from a member of the military from a family demonstrating no less than six generations of military service in a combat capacity, and of exclusively European descent, and exclusively European religion.
2. The Monarchy shall be inherited by the eldest male of exclusively european descent, and exclusively European religion, heir having performed military service, who voluntarily accepts the duty.
3. If necessary, a Regent of the Monarchical Family’s choosing shall be appointed until an Heir comes of age.
4. The Monarchy shall be subsidized or paid for by the Polity at no less than twenty times the median income of the polity.
4. The Monarch shall appoint a Professional Executive who serves at the Monarchy’s discretion. (See Professional Executive below).
5. The Monarchy shall call upon a Jury of the People, randomly selected from the Citizenry, and apportioned by productive Class; Gender; Family, Business, Industry; and Region, wherein each class is named a ‘House’; and serving at the will of the monarchy; to choose whether to Approve or Veto each of the Propositions advanced by the Executive;
6. As such, all Acts shall ascend, only upon survival of veto by The Houses of the Citizens, the Executive, The Courts, and the Monarch or his Regent.
7. Conversely, any Act may be overturned by the courts, in whole or in part either prior or post Assent.
( Counsel: A National (Kinship) Militia, Administered by A Monarchy, Under Rule of Law, with Houses for the Classes, each of which Assents or Dissents from Propositions of the Monarchy or its Ministers, is the best form of government Possible because it has the best incentives possible, by providing the least malincentives possible. The principle innovation that is necessary is the Court of the Natural Law, which provides a market for dismissal of impositions by governments.)
2. Professional Executive ( Corporate, Chinese Model )
1. An Executive may be Elected, Appointed, and Removed by whatever means, for whatever duration embodied in the constitution of the Several State, as long as their is a means of removal in the case of failure as defense against the need for insurrection to correct an executive failure. In all cases, an executive can be removed by the Court, and the Military, as a last resort.
2. The Executive shall be a Citizen, exclusively heterosexually male, of no less than sixty years of age, having fulfilled his military service, and having served for no less than twenty years as a Primary Executive in the Court, Military, or Industry.
(Counsel: the limitation on political careerism is by design)
3. The Executive shall Advance Propositions, in form of Contracts of the Commons, by Filing with the Court, and obtaining Assent. All acts not vetoed by the Court Ascend.
4. The Executive shall Appoint a Cabinet of Ministers for the administration of the Several State.
5. Ministers shall hire and fire individuals and organizations as necessary to perform the Minister’s functions.
3. Aristocratic (Kinship model)
1. A Titled Family of the hierarchy of Duke, Count, or Baron shall be elected or appointed from a family of exceptional performance, consistency, privacy, stoicism, and demonstrating no less than six generations of military service, and of exclusively European descent, and exclusively European religion.
2. The Title shall be inherited by the any heir of exclusively european descent, and exclusively European religion, having performed military service, who voluntarily accepts the duty.
3. If necessary, a Regent of the Titled Family’s choosing shall be appointed until an Heir comes of age.
4. The purpose of these Titled families is to raise and train intergenerational families for the sole purpose of successful administration of the territory over which they have responsibility.
5. A Family may lose Title and Office by action of the Court for criminal malfeasance in Governance of the territory – and when exclusively of malfeasance and not of natural error.
6. Titled families shall be subsidized by or paid for by the Polity at no less than four times the median income of the polity, such that their means of status and income is successful service of the polity.
(Counsel: Propaganda of the past centuries being merely that, the evidence is clearly in favor of intergenerational, titled, families when they are subject to the negative market of the courts, rather than the negative market of elections. There is no better form of government.)
4. Juried (Old English Model)
1. An Executive shall Advance Propositions, in form of Contracts of the Commons, by Filing with the Court, obtaining Assent. Then promoting their Propositions.
2. The Executive shall call upon a Jury of the People, randomly selected from the Citizenry, and apportioned by Class; Gender; Family, Business, Industry; and Region wherein each class is named a ‘House’; to Approve or Dissent each of the Propositions advanced by the Executive.
3. If the Executive submits and Approves, the Court Approves and all houses Approve, then Proposition shall Ascend.
5. Market Between Classes ( Market )
1. Citizens shall be divided into Classes and Genders, that represent ‘Houses‘ of common interest. Revenues shall be apportioned equally to each house.
2. Any Citizen or Citizens shall Advance Propositions, in form of Contracts of the Commons, consisting of exchanges between the Classes, by Filing with the Court; obtaining Assent from the Court; Then promoting their Propositions.
3. If a Proposition receives both (a) sufficient funding and (b) survives Veto from all houses, shall Ascend.
6. Direct (Democratic – Majoritarian – Populist )
1. Any Citizen or Citizens shall Advance Propositions, in form of Contracts of the Commons, by Filing with the Court, obtaining Assent. Then promoting their Propositions.
2. At a scheduled time, at a scheduled interval, Voters may Choose from those Advanced Contracts of the Commons:
by Direct Democracy (Majoritarianism):
a) Vote by Family (equality between families consisting of man woman and children.) or;
b) Vote by Individual (equality by individual) or;
Winner takes all;
by Economic Democracy (Auction):
c) Vote By Proportional Contribution (By current monetary contribution to revenues), or;
d) Vote by Equal Distribution (By current equidistribution of revenues).
The Auction continues until all funds are allocated, with ‘rolling over’ to the next cycle permitted.
( Counsel: Opinion: It is possible that this is the best means of funding the production of commons, because it puts the greatest pressure for performance on the production of commons, and allows gradual funding by the people as they see fit. Conversely it is suitable only for polities of development that they are capable of informed making informed decisions. If they are not capable of making informed decisions, then no form of democracy is suitable for them.)
2. If Voting exists, then Voting shall be voluntary.
(Counsel: Mandatory voting is prohibited.)
3. If Voting exists, then no vote, no matter by what method, shall be proxied directly or indirectly, other than to one’s husband or wife, father or mother, or son or daughter; And no art or artifice shall circumvent this intent.
4. The formation of a government by representatives (politicians) shall be prohibited.
5. Political Parties and Organizations shall be prohibited regardless of means of construction or purpose or intent.
6. The Debts from all Acts shall be distributed to the Treasury Accounts of all Citizens by either equal or proportional means; settled by income as it is repaid; and inescapable.)
(Counsel: The practice of running up debt then fleeing a territory shall be prohibited. The practice of maintaining the ignorance of the individual’s relative cost or value to others shall be prohibited. )
1. All public speech in all forms, including display, word ,and deed, in every and all venues, shall be be limited exclusively to the English Language, with no exceptions, no grandfathering, and zero tolerance.
(Counsel: prevention of separation by language)
A Passport provides evidence of Insurance of a the unique identity of a human, animal, life form, artificial intelligence, or object, by an insurer of last resort (State), and evidence of the liability for defense of the insured, and warranty of others from harm by the Insured. And all that descends from such liability and warranty.
1. Each of the Several States shall issue Passports of the Several States for their Citizens and only their citizens.
2. The State and Only the State shall issue Imperial Passports for functionaries of the State.
3. Imperial Passports shall be issued in addition to a Passports of the Several States. Imperial Passports shall be used exclusive for State Operations and purposes. Several State Passports shall be used for all other Personal travel and personal purposes.
(Counsel: Preservation of State Sovereignty over commerce, culture, and residency.)
4. The Military shall show zero tolerance for harms those Insured under Imperial or Several State Passports, and shall immediately and relentlessly severely punish or terminate all actors and the families of such actors for three generations, and the organizations and members of those organizations, which direct those actors, in retaliation for any such harms. Conversely, the Insured shall be returned to jurisdiction, prosecuted for any such crime under our law. But if an complaint is not a crime under The Law, it is not a crime, and it may not be prosecuted, either in the foreign state or in the Empire.
1. Any polity of any scale shall lose its sovereignty, be forcibly converted to a Territory, and have a new constitution imposed upon it, if it cannot contain the export of Costs to other polities. Thes Costs shall include but not be limited to: containing the population, pollution or any other matter, light, sound, vibration, conflict, crime, goods, services, information, and disinformation.
5. Rent (Fee,Taxes)
1. State Revenues. The State shall own all time and space under its control (jurisdiction). The state shall generate revenue by Renting time and space under its control (jurisdiction). The State shall charge rent to any and all under its control (Jurisdiction). The amount of this rent shall be fifteen percent of gross domestic product of each Several State, Possession, or Territory; and Thirty Percent in Time of War. These funds shall be appropriated incrementally and daily from the Treasury.
2. Several State Revenues. In addition to State Rent, the Several States and Possessions and all forms of government therein, shall design, charge, collect, and use additional revenues as they see fit, within the limits of the Law and within this Constitution.
6. Money and Money Substitutes
1. (foreign exchange in foreign currency) ( … )
( … )
1. All citizens have the right to Personal and Corporate Bankruptcy. All Political organizations whether state, city, county, township, village, the right to political bankruptcy. But the Citizens do not have a right to escape political bankruptcy. As such upon the bankruptcy of a political order, the debts shall be allocated pro rata to the Citizens, and inescapable.
(Counsel: To prevent populations, bureaucracies, and politicians from running up debts and escaping them. There shall be no ‘starting over’ from political financial crime. )
The tendency of monopoly bureaucracy is self interest, limited effort, the illusion of self import, due to insulation from competition, and ever increasing accumulation of rents, all at the expense of the people;
1. All public services shall be delegated to private contractors, such that bureaucracies are eliminated, and the ‘favor economy’ of bureaucrats and politicians is deprived of opportunity.
2. All public services shall remain open for business from 6:00 AM to 10:00 PM, so that the public need not refrain from working in order to obtain services or comply with regulations.
3. All public services shall staff such that the maximum waiting time for any resident or citizen is twenty minutes. All individuals appearing and waiting for service must be clean, dressed appropriately, quiet, still, and if ill, wearing face and hand coverings.
4. All public service employees shall be accountable for the truthfulness of their speech and the right of the people to compel truthful speech shall not be infringed. Right of accurate speech shall not be infringed, and the people compensated for any inaccurate speech.
5. Personal transportation taxes and fees shall be terminated and the people’s freedom from imposition of costs upon their transportation shall be ended. Meaning all drivers license and car registration fees will be prohibited except payment for the original. Citizens shall be responsible for keeping their licenses in good condition, photograph or to pay for a replacement.
6. Personal no-fault insurance shall be required for drivers of vehicles open to harm.
7. Driver’s licenses shall be granted by the insurer for life until the age of 65 at which we require fitness tests by the insurer every two years to continue driving; and must have the photo (if required) renewed every ten years so that they are identifiable.
(a) Drivers licenses are not a valid form of id. Only residency identification for each class of attainment.
8. At birth, or upon request any time thereafter, all Residents shall be given a durable passport, a residency identification; benefit accounts, and instrument of access to those accounts.
Regarding The Police (government rather than courts) (see sheriffs under court)
(civil responsibility for most policing, police as emergency services)
Irreversible or Unrestitutable
1. ( … )
1. ( … )
Inactionable and Unenforceable
1. All Acts shall be actionable, enforceable, paid for, and constrain the few who commit violations not the many who do not.
Ceremony, Posturing, Signaling (Symbolism)
1. All Acts shall not consist of Ceremonial, Posturing or Virtue Signaling, but shall be limited to actionable changes in condition of affairs.
1. Defamation of the State or the Several States and their Acts shall be prohibited.
(Counsel: One and all can use the courts to overturn the false, improper, and irreciprocal. One has no right to poison the well.)
1. Undermining of the State or the Several States and their Acts shall be prohibited.
(Counsel: One and all can use the courts to overturn the false, improper, and irreciprocal. One has no right to undermine them.)
1. No Several State nor its People shall conspire with any other party, Imperial or foreign, to deny opportunity to any other Several State, and in particular, to conspire to terms of exclusivity, nor form a Cartel, nor a Monopoly, nor any semblance thereof.
(Counsel: If a Several State cannot compete by price and quality it cannot compete, and must reform such that it is able to complete by price and quality.)
1. The Regions, Several States, or their Divisions shall not form, hold, or assist Military or Paramilitary forces, nor bear military nor paramilitary arms, except those delegated to the regiments, the militia, and the Citizenry by the State.
2. The Several States shall not organize, hold, assist, or support, any political, religious, ideological, or informational forces, organizations, movements, or individuals external to their borders.
(Counsel: Deny Several States Interference, Expansion, Conflict, Conquest, limiting them to social and economic activities on behalf of their people.)
1. Several States may form Treaties limited to commerce and trade. Treaties with the Military, Political, Religious, or Ideological content are specifically prohibited.
(Counsel: “Mind your own business”. The production of commons is different from production of power; And the Several States are prohibited from the production and projection of power of coercion by any means.)
( Counsel: Choosing one’s form of government, means also choosing the consequence of one’s choices. Choosing poorly can result in a suit before the Court whereby the judiciary authorizes the military to punish not only those who govern, but those who chose them to govern. One’s right to state formation and preservation is limited to the internal observance of the Law and externalization of harm to others or other Territories. )
— End of Article VII —