July 4 Reprise—SOLO-International Op-Ed: A Second Declaration of Independence

Lindsay Perigo's picture
Submitted by Lindsay Perigo on Sat, 2009-12-26 00:07

SOLO-International Op-Ed: A Second Declaration of Independence

Lindsay Perigo
December 26, 2009

When in the course of human affairs it becomes necessary for citizens to break the political chains that hitherto have bound them, and to reclaim the individual sovereignty which is their birthright, it is opportune and appropriate for them to declare the causes which have impelled them to self-liberation. We, the freedom-loving citizens of the United States of America, choose to do so at this historic moment.

We hold these truths to be demonstrable: that all human beings are endowed by their nature with certain inalienable rights, which are the rights to life, liberty, and the pursuit of happiness and private property; that to secure these rights, governments are instituted among people, deriving their just powers—and only such powers—from the consent of the governed; that all laws legislated by governments must be for the purpose of securing these rights; that no laws enacted by government may violate these rights; that all citizens are equal before such laws; and that whenever any government becomes destructive of these rights, it is in rebellion against its citizens, who may then remove it and institute new government.

Now is such a time.

The history of government in the United States is that of a long chain of abuses and usurpations of the individual rights of the citizenry, culminating in an unprecedented level of such abuses by present government, federal and state, which have reduced the status of our people to one of servitude. Ownership of each citizen's life has been wrested from the citizen where it belongs and vested in government where it does not.

Government has made of itself a blood-sucking Leviathan, a drooling, hydra-headed monster of regulation and prohibition, of force and terror. It has drained the life out of commerce and trade. It has practised confiscation of the rightful earnings of our citizens on a scale hitherto unrivalled, and with the proceeds of that confiscation erected a multitude of new bureaucracies and sent hither swarms of officers to harass the people and eat out their substance. It has bestowed upon its revenue-gatherers tyrannical powers of search and seizure, of confiscation of private savings and possessions, of coercive extraction of information; in the exercise of these powers, its gatherers have ruined livelihoods and destroyed lives. It has grown bloated from the use of confiscated moneys, devising ever-more-unconscionable forms of the squandering thereof. It has secured its power to plunder and terrorise by bribing the parasitic with the earnings of the productive. It has cultivated inequality before the law on the basis of race, class and gender. It has forbidden the citizens to exercise the prerogatives of ownership over their lawfully-acquired lands and enterprises, and punished them for the productive use thereof; it has vested actual control of such lands and enterprises in itself and its agents. It has claimed ownership of the minds of the citizens, seeking to proscribe the expression of thoughts of which it does not approve; it has claimed ownership of the bodies of the citizens, proscribing the ingestion of substances of which it does not approve; it has deprived citizens of their liberty and their property for the ingestion of such substances. It has made consensual, victimless activities criminal; it has made coercive activities legally permissible and been the chief practitioner thereof. It has seized children from their parents and forced the citizens to sponsor the dulling of young minds in its classrooms; it seeks to forbid parents to educate their children other than by its own warped, politicised dicta. It seeks forcibly to monopolize the medicines of the citizens and persecute the providers of alternatives; it seeks to criminalize the non-purchase of a medical product. It has dishonoured its contracts and required citizens to identify themselves on demand, assuming unto itself powers of arbitrary detention and arrest. It seeks to disarm the citizens so as to protect itself from rightful rebellion, and forbid them to defend their own lives and properties, while most egregiously failing to do so itself. In its attempt to finance its unconstitutional activities and scope, it has placed its citizens in involuntary servitude to it and foreign tyrants.

Government, in short, has committed itself and its agencies not to upholding the rights of the citizens who maintain it, but to trampling most brutally and routinely upon them. Government is thereby in rebellion against the Constitution it is sworn to uphold and against its citizens. It has thus rendered itself unconstitutional and illegitimate.

We, therefore, the liberty-loving citizens of the United States, in the name of that which is the glory of man—his sovereign, reasoning mind—do solemnly reclaim the freedom that is our birthright. We declare that our country is henceforth free again; that we are absolved from all further allegiance to the present government of the United States, which is hereby dissolved; that the laws of this country shall henceforth be based on a single moral premise, which is the expression of the afore-mentioned rights, namely: no person or group of persons may initiate the use of physical force or fraud against any other person or group of persons, and the only justification for the use of force is self-defence against those who initiate it; that the government of this country shall have no other function than to formulate, enact and uphold such laws; and further, that so to secure and glorify the supreme values of reason and freedom in human affairs, we pledge our most diligent, reverent commitment, our lives and fortunes and our sacred honour.

Lindsay Perigo: editor@freeradical.co.nz; 021 255 8715

SOLO (Sense of Life Objectivists): SOLOPassion.com


Not Pedantry

Doug Bandler's picture

This may seem like pedantry, and Peikoff once said to my face that it was, but into such small chinks smarmy pomowankers and goblinites will attempt to interpose their flabby nihilism.

I agree with this. Thanks for the explanation especially the part about Peikoff.

Doug

Lindsay Perigo's picture

But why do you say that Ayn Rand "herself did not exercise due diligence in getting her formulation complete"?

She, alas, and uncharacteristically, waffles back and forth between rights as metaphysical and rights as epistemological/ethical. Rights are "conditions of existence"; rights are "moral principles." Whereas in truth conceiving rights based on reason and volition and implementing the concept creates the conditions of existence required by man's survival qua man.

This may seem like pedantry, and Peikoff once said to my face that it was, but into such small chinks smarmy pomowankers and goblinites will attempt to interpose their flabby nihilism.

Lindsay

Doug Bandler's picture

Rights are necessary only in a social context since that's the only context in which someone can try to prevent him. To speak of a man's right to hunt down food when he's alone and on a desert island is meaningless; to speak of a man's right not to have his quarry taken from him by other men when such are present is not.

This is excellent and completely in accordance with the Objectivist view of rights and politics. But why do you say that Ayn Rand "herself did not exercise due diligence in getting her formulation complete"?

Well, Baade ...

Lindsay Perigo's picture

Answer this.

You know I hold Libz in minimal regard, because of the way they (Cresswell included) treated me, their first and most successful leader by a country mile, so I have no horse in that regard in any race against you.

You know Libz succumbed to Tall Poppy Syndrome. Simple and as icky as that. You know also that what you quote Cresswell as saying was said by *me*?

So what's your answer to this

Standard procedure

Richard Goode's picture

Peter Cresswell says,

[Objectivists] hold these truths to be demonstrable in reality: that all human beings are endowed by their nature with certain inalienable rights, which are the rights to life, liberty, and the pursuit of happiness and private property;

I urged him to

Demonstrate that all human beings are endowed by their nature with certain inalienable rights.

His response is instructive. It well illustrates standard Objectivist procedure in the face of dissent.

(1) Say it's already been done, but provide no reference.

It's been presented to you many times in many forums. To a point where your repeated requests,

(2) Bring an accusation (or insinuate) that the dissenter is insincere.

and feigned bafflement,

(3) Bring an accusation (or insinuate) that the dissenter is dishonest.

begin to look like dishonesty.

It's true that there have been previous occasions when Objectivists have attempted to provide such a demonstration, at my request. But perhaps my request wasn't clear on those previous occasions - I want a successful demonstration or, at the least, a thoroughgoing and coherent attempt at such. One that meets, at the least, minimal standards of rational argumentation. Something, in fact, like... this.

Brant ...

Lindsay Perigo's picture

I agree, and have agreed many times previously: rights are not metaphysical; you won't find the right to life in an autopsy. Rights are ethical concepts by which we recognise, ratify and codify the metaphysical fact that man is free—i.e. has free will. That status is "inalienable" even if existentially it is violated. Man remains metaphysically free even if held in servitude. He retains free will and the right to act on his choices even if someone is preventing him. Rights are necessary only in a social context since that's the only context in which someone can try to prevent him. To speak of a man's right to hunt down food when he's alone and on a desert island is meaningless; to speak of a man's right not to have his quarry taken from him by other men when such are present is not.

Freedom to act is a seamless extension of the fact that man is free. The additional fact that we must grasp this conceptually and codify it into "rights" in no way detracts from the truth of "all human beings are endowed by their nature with certain inalienable rights ..." This sentence doesn't purport to present the full chain of reasoning along the way; it is a poetic statement of a crucial truth.

Now, contrast that to the Goblinite position that rights have no basis in reality, but simply are because a non-existent goblin (whose followers have an appalling track record when it comes to rights) says so ...

can't do it

Brant Gaede's picture

In spite of the poetic language of the Declaration, human beings don't get rights endowed by nature or God. Respecting human nature, rights are needed so they were invented and put into the law. Inalienable rights are actually the inalienable need for rights for human nature on that basic level is not plastic.

--Brant

It's been presented to you

Peter Cresswell's picture

It's been presented to you many times in many forums. To a point where your repeated requests, and feigned bafflement, begin to look like dishonesty.

A magnificent rewrite

Peter Cresswell's picture

And with religionists infesting all continents, a timely one. Smiling

You too, PC

Richard Goode's picture

We hold these truths to be demonstrable in reality: that all human beings are endowed by their nature with certain inalienable rights, which are the rights to life, liberty, and the pursuit of happiness and private property;

Give it a go. Demonstrate that all human beings are endowed by their nature with certain inalienable rights.

A timely rewrite!

Peter Cresswell's picture

"We hold these truths to be demonstrable in reality: that all human beings are endowed by their nature with certain inalienable rights, which are the rights to life, liberty, and the pursuit of happiness and private property; that to secure these rights, governments are instituted among people, deriving their just powers—and only such powers—from the consent of the governed; that all laws legislated by governments must be for the purpose of securing these rights; that no laws enacted by government may violate these rights; that all citizens are equal before such laws; and that whenever any government becomes destructive of these rights, it is in rebellion against its citizens, who may then remove it and institute new government."

Magnificent!!

Well, go on then

Richard Goode's picture

We hold these truths to be demonstrable: that all human beings are endowed by their nature with certain inalienable rights, which are the rights to life, liberty, and the pursuit of happiness and private property;

Well, go on then. Give it a go. Demonstrate that all human beings are endowed by their nature with certain inalienable rights.

Ronald Reagan in the 21st Century...

Marcus's picture

...as imagined by me
......................................................................

My fellow Americans the situation is grave

It is five minutes to midnight and our country is dying

We are presided over by an anti-USA President

A man who thinks that our unsustainable debt is an economic strategy for recovery

A once healthy body daily invaded by Islamic-cysts

And instead of seeing the doctor, we want to give them more blood

And the patient gets sicker

Many would say our country is close to death

That a bullet to the head would be the most humane cure now

For this once proud beacon of hope and freedom to the rest of the world

But I say,

USA do not go quietly into the night!

Do not vanish without a fight!

Don't allow the flame of liberty to be die!

My fellow Americans don't be fooled by pretty words of those who say it doesn't matter

The time has come for action

This is our Independence Day!

Alas, Leonid ...

Lindsay Perigo's picture

... there's nowhere to sign. I just rewrote the damn thing for the Americans to run with. But as we've seen, they're useless. They'd rather run with Ron Paul. Eye

Lindsay

Leonid's picture

This is great! Where to sign?

What can I say?

atlascott's picture

I am a ball buster.

You know that I think that what you are doing is great.

I am ready for action, but there is no action to take which in my mind is clear, other than to move towards parlaying Tea Party animus into political action, right here, right now.

Hanging in Effigy

Lindsay Perigo's picture

This is what the Sons of Liberty did with tax-collectors in the lead-up to the War of Independence.

I suggest Sons of Liberty be re-established, and that it hang Obamugabe, Pelosi, Reed et al in effigy at every opportunity. Though I doubt they know their American history, I'm sure someone will inform them of the allusion. Nothing illegal in that, is there? In any event, it's the government itself that is now, by constitutional standards, illegal.

Spot the difference

Lindsay Perigo's picture

I've further tweaked the para beginning "We hold these truths ..." It bugged me that in getting the lethal "by their Creator" out of the picture I'd lost the poetry of Jefferson's original. Now I realize the reason: I was trying to say too much—not just to substitute man's nature for God as the source of rights, but to explain the nature of that nature. Not necessary in a document of this ... er ... nature, and there's a reference to "sovereign rational mind" at the end in any event. Couple of other tweaks as well. This is it till I think of further improvements. Hope the American revolutionaries who've been printing off millions of copies don't mind doing it again. Eh, Bro DeSalvo? Eye

Secret Service Investigating Obama Effigy Found Hanging

Sandi's picture

"A spokesman for the U.S. Secret Service says the agency is investigating an effigy of President Barack Obama found hanging from a building in the hometown of former President Jimmy Carter.

Secret Service spokesman Ed Donovan told The Associated Press that the large black doll was found Saturday morning along Main Street in the small town of Plains.

According to footage from WALB-TV, the doll was hanging by a noose in front of a red, white and blue sign that says "Plains, Georgia. Home of Jimmy Carter, our 39th President." A witness told the television station that the doll wore a sign with Obama's name on it.

Donovan said the doll was removed Saturday. He declined further comment.

Sumter County Sheriff's Department officials declined comment, referring all calls to the Secret Service"

FOX NEWS

What happens if the Secret Service decide to turn the investigation over to Interpol?

Uh-huh

atlascott's picture

"...and proper men are ready, willing, and able to fight for this sacred right against all transgressors."

Yep. I know.

Who? Where? When? How?

I know Linz doesn't support an actual candidate who supports freedom, so who is picking up this Declaration?

Who are going to be the soldiers in this army?

Freedom

Kyrel Zantonavitch's picture

The essential point is that liberty is the untouchable birthright of all men; anyone who trespasses this is a criminal, tyrant, and monster; and proper men are ready, willing, and able to fight for this sacred right against all transgressors.

Great work

atlascott's picture

But before you throw out the US Constitution as it is now, remember who is in power now, who is in position to take power, and what sort of "Constitution" the average American would support right now. Do not forget that Oama is on record as supporting redistribution of wealth as a "right" under the Constitution.

Who is your political champion who will forward this anywhere but in the fantasyland of the internet?

The foregoing ...

Lindsay Perigo's picture

... as Mark says can be found in its entirety at:

http://freeradical.co.nz/conte...

Bear in mind that the version there of the Preamble has been superseded by the one here.

Separation of Powers

Lindsay Perigo's picture

Separation of Powers

Introduction

No member of the executive, legislature, or judiciary shall simultaneously be a member of any of the other two branches of government; but a member of executive, legislature or judiciary may be nominated or stand for election to be a member of any of the other two branches of government.

Section 1 - Composition of Legislature

1(1) All legislative powers herein granted shall be vested in the Senate of the Republic.

1(2) The Senate shall be composed of 60 Senators directly chosen by the people:
a) every third year;
b) using the First Past the Post system; and
c) who are registered voters and each Senator shall have one vote.

1(3) Each Senate electorate shall represent an aggregate of long-standing geographical localities and shall consist of an equal number of registered voters, plus or minus two and one half percentage points.

1(4) The Senate shall appoint a Representation Commission to establish the boundaries of each electorate.

1(5) When vacancies occur in the representation from any Senate electorate, the executive authority thereof shall issue forthwith writs of election, conducted according to the First Past the Post system, to fill such vacancies.

1(6) A registered voter is any eligible voter who registers to vote. Resident eligible voters shall register in the Senate electorate in which they reside. Non-resident eligible voters shall register either in the Senate electorate in which they last resided or in the Senate electorate in which is located their last point of departure from the Republic.

1(7) An eligible voter is any Citizen or Permanent Resident of the Republic worldwide who has reached the age of independence, and who is not:
a) lawfully incarcerated or
b) legally and medically insane.

1(8) Any individual, eligible voter or non-eligible voter, in the universe may stand for election as a Senator; but no individual may stand for election as a Senator, if he has been thrice elected a Senator.

1(9) The Senate shall choose their President and other officers.

1(10) The times, places, and manner of holding elections for Senators shall be prescribed by the Senate.

1(11) The Senate shall assemble at least once in every year, and such meeting shall be on the Ides of March, unless they shall by law appoint a different day.

Section 2 - Composition of Executive

2(1) To prevent the establishment of a privileged executive presidency, accumulating and monopolising power and ruling by decree and executive orders, all executive powers herein granted shall be vested in the Triumvirate of the Republic, which shall consist of three Tribunes, who shall each be a Protector of the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process.

2(2) The Tribunes shall be directly chosen by the people:
a) every third year, in the year coincident to the election of the Senate
b) using the Single Transferable Vote system comprising one national Triumvirate electorate
c) who are registered voters.

2(3) The Senate may determine the time of choosing the Triumvirate, which day shall be the same throughout the Republic.

2(4) In case of the removal of a Tribune from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the Senate may by law provide for the case of removal, death, resignation, or inability, declaring what officer shall then act as Tribune, and such officer shall act accordingly, until the disability be removed, or a writ of election shall forthwith be issued to fill the vacancy.

2(5) Any individual, eligible voter or non-eligible voter, in the universe may stand for election as a Tribune; but no individual may stand for election as Tribune if he has been thrice elected, whether by the Senate or by the people, a Tribune.

2(6) Each Tribune shall nominate all public ministers of the Cabinet of the Triumvirate, all ambassadors, all judges and commissioners, and all other officers of the Republic whose appointments are not herein otherwise provided for and which shall be established by law; but the Senate shall only consent to one of the three nominees being appointed for a particular appointment, or shall reject all nominees in which case each Tribune shall nominate a new individual to be nominee.

2(7) The Senate may, following a three-quarters vote in the affirmative, for the term of the Triumvirate vest the appointment of such inferior officers excepting judges, as they think proper, in a particular Tribune, in the Triumvirate alone, in the Courts of Law, or in the heads of departments.

2(8) The eleven Cabinet portfolios to be appointed shall comprise a Secretary and Under-Secretary for:
a) Treasury;
b) Foreign Affairs;
c) Defence;
d) Police;
e) Justice;
and an Attorney-General, and no other.

2(9) Responsibility for internal intelligence and the protection of government officials shall lie solely with the Ministry of Police; responsibility for external intelligence shall lie solely with the Ministry of Defence.

2(10) A Tribune may, by and with the consent of the Senate, remove public ministers of the Cabinet of the Triumvirate, ambassadors, and other officers of the Republic whose appointments are not herein otherwise provided for and which shall be established by law, excepting judges.

2(11) Any individual in the universe, excepting a Tribune, may be nominated a public minister, ambassador, judge or other officer of the Republic.

Section 3 - Composition of Judiciary

3(1) All judicial powers herein granted shall be vested in the Constitutional Court of the Republic, in such inferior courts in descending order of seniority as a Court of Appeal, High Court, District Court, and Disputes Tribunal, and in such Commissions of Inquiry as the Senate may from time to time ordain and establish.

3(2) The Constitutional Court shall be composed of nine judges each nominated by the Tribunes and appointed by the Senate for a term of nine years, such that three judges are appointed every third year. At the inception of the Constitutional Court, three judges shall be appointed for a term of nine years, three judges shall be appointed for a term of six years, and three judges shall be appointed for a term of three years.

3(3) Nine judges of the Constitutional Court must be present at all hearings. In the event of a temporary vacancy in the Constitutional Court, the vacancy shall be filled according to the aforementioned process for nominating and appointing judges; but if the Constitutional Court is hearing a case regarding a decision of the Attorney-General to stay or to return to the Senate a bill or amendment, or regarding a bill or amendment or treaty that has become law at the most sixty days before the commencement of the case, then it shall fill such vacancy with a judge of the Court of Appeal.

Section 4 - Powers of Legislature

4(1) Any Tribune, Judge, or other senior executive or judicial officer of the Republic who acts or fails to act in such a manner as to jeopardise the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process shall be liable to a charge of impeachment.

4(2) Any individual shall have the power of impeachment.

4(3) The Senate shall have the sole power to try all impeachments. When a Tribune of the Triumvirate of the Republic is tried, the Chief Justice of the Constitutional Court shall preside: and no individual shall be convicted without the concurrence of three-quarters of the Members.

4(4) The Senate shall, consistent with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process, be the judge of the elections, returns, qualifications of its own Members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorised to compel the attendance of absent Members, in such manner, and under such penalties as the Senate may provide.

4(5) The Senate may determine the rules of their proceedings, punish their Members for disorderly behaviour, and, with the concurrence of three-quarters of those present, suspend or eject a Member.

4(6) The Senate shall keep a journal of their proceedings, and from time to time publish the same; and ayes and noes of the Members on any order, resolution, or vote shall, at the request of any Member present, be entered on the journal.

4(7) All bills and amendments shall originate in the Senate and shall be introduced in that place.

4(8) Every introduced bill or amendment shall first go to the Attorney-General, who shall decide whether a bill or amendment is in accordance with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process. If it shall not be in accordance, he shall stay the bill or amendment and it shall proceed no further in that or any session of the Senate, but if it shall be in accordance, he shall return the bill or amendment to the Senate for their consideration; but any individual may appeal his decision directly to the Constitutional Court.

4(9) Every bill or amendment which shall have passed the Senate, shall, before it become a law, be presented to the Triumvirate of the Republic.

4(10) The Senate shall have the sole power:
a) to collect and administer voluntary contributions;
b) to deem the age of independence;
c) to establish a uniform rule of naturalisation;
d) to secure for limited times to authors and inventors the exclusive right to their respective compositions and discoveries;
e) to establish Commissions of Inquiry;
f) to make or declare war, and make rules concerning captures on and under land and water, and in air and space;
g) to provide and maintain the Armed Forces of the Republic and police;
Grade to make rules for the government and regulation of the Armed Forces of the Republic and police;
i) to provide for calling forth individuals, including private militia, to voluntarily assist the Armed Forces of the Republic or police; and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.

4(11) No money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time at intervals of no more than one calendar Earth year.

Section 5 - Tribunician Power of Executive and Overriding Power of Legislature

5(1) Upon presentment of a bill or amendment, if any Tribune approve he shall sign it, but if not he shall exercise his Tribunician power and return it, with his objections, to the Senate, who shall enter the objections at large on their journal and proceed to reconsider it.

5(2) If after such reconsideration, and if only one Tribune has exercised his Tribunician power, three-fifths of the Senate shall agree to pass the bill or amendment, it shall become law.

If after such reconsideration, and if two Tribunes have exercised their Tribunician power, two-thirds of the Senate shall agree to pass the bill or amendment, it shall become law.

If after such reconsideration, and if all three Tribunes have exercised their Tribunician power, three-quarters of the Senate shall agree to pass the bill or amendment, it shall become law.

But in all cases the votes of the Senate shall be determined by ayes and noes, and the names of the individuals voting for and against the bill shall be entered on the journal of the Senate.

5(3) If any bill or amendment shall not be returned by a Tribune of the Republic within thirty days after it shall have been presented to him, he shall be deemed to have approved and signed it, unless the Senate by their adjournment prevent its return, in which case he shall not be deemed to have approved and signed it.

5(4) In the event of the removal of a Tribune from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the immediately preceding provision shall not apply until an officer shall be declared to act as Tribune or a Tribune shall be elected.

5(5) Every order, resolution, or vote to which the concurrence of the Senate may be necessary, except on:
a) a question of adjournment;
b) appointment of Representation Commission;
c) choosing of the President and other officers of the Senate;
d) declaration of an officer to act as Tribune;
e) appointment and, excepting judges, removal of public ministers of the Cabinet of the Triumvirate, ambassadors, judges, and other officers of the Republic whose appointments are not herein otherwise provided for and which shall be established by law;
f) trial of impeachment;
g) determination of rules for the proceedings and punishment of the Members of the Senate;
Grade establishment of Commission of Inquiry;
i) appointment of War Tribune;
Crazy making and declaration of war; or
k) rejecting, nulling and voiding a Tribunician Order
shall be presented to the Triumvirate of the Republic; and before the same shall take effect, shall be approved by all Tribunes, or being disapproved by one, two or three Tribunes, shall be repassed by three-fifths, two-thirds or three-quarters respectively of the Senate, according to the rules and limitations prescribed in the case of a bill.

Section 6 - Powers of Executive

6(1) The Tribunes of the Triumvirate of the Republic shall be Commanders-in-Chief of the Armed Forces of the Republic and may act in unison; upon a declaration of war by the Senate, one Tribune, with the advice and consent of three-quarters of the Senate, may be appointed War Tribune and shall be sole Commander-in-Chief for the term of the war or the Triumvirate, whichever is the shorter.

6(2) Any Tribune may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have the power to grant reprieves.

6(3) A Tribune shall have power, by and with the advice and consent of the Senate, to make treaties which shall have the effect of law, provided two-thirds of the Senators concur; but any individual may appeal this effect directly to the Constitutional Court.

6(4) The Triumvirate shall from time to time give to the Senate information of the state of the Republic, and recommend to their consideration such measures as it shall judge necessary and expedient; a Tribune may, on extraordinary occasions, including requesting that the Senate establish a Commission of Inquiry, convene the Senate.

6(5) The Triumvirate shall receive ambassadors and other public ministers.

6(6) The Triumvirate shall take care that the laws passed by the Senate be faithfully executed, shall commission all the officers of the Republic, and shall issue any requisite Tribunician Order thereupon arising. In any conflict between Tribunes, the decision of the relevant Secretary shall have precedence (but a Tribune may request that the Senate appoint him War Tribune or consent to the removal of the Secretary).

6(7) Any Tribunician Order that infringes upon the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process or infringes upon the powers and duties of the Senate or requires the use of public funds not specifically appropriated for the purpose of the aforementioned Tribunician Order shall be advisory only and shall have no legal effect; and the Senate shall within ten business days reject, null and void such Tribunician Order.

6(8) The Attorney-General, Secretary of the relevant department, and head of the relevant department shall certify that any regulation emanating pursuant to any bill or amendment, or any regulation or guideline emanating from a government department and affecting a private individual, does comply with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process.

6(9) The Tribunes, and all civil officers of the Republic, shall be removed from office on impeachment for, and conviction of, any imprisonable offence.

Section 7 - Powers of Judiciary

7(1) The judicial power shall extend: a) to all cases, including cases in what may be referred to as common law, equity and admiralty law, arising under this Constitution, the laws of the Republic, and treaties made, or which shall be made, under her authority; b) to controversies to which the Republic shall be a party; and c) between the Citizens or Permanent Residents, and foreign states, citizens or subjects.

7(2) A Commission of Inquiry may have the power to grant pardons or investigate errors of law, fact, evidence or procedure which have effected wrongful convictions.

7(3) All verdicts of a jury, excepting a trial of impeachment, shall be unanimous.

7(4) A judge, commissioner, justice of the peace, and all judicial officers of the Republic, shall be removed from office on impeachment for, and conviction of, any imprisonable offence.

Section 8 - Amendments to the Constitution

8(1) The Articles of the Bill of Rights, Articles of the bill of Due Process, and Notes to the Articles of the Bill of Rights and Bill of Due Process shall never be amended by any bill of the Senate or exercise of power by the Triumvirate.

8(2) The Senate, whenever three-quarters of Members shall deem it necessary, shall propose Amendments to the Separation of Powers, which shall be valid to all intents and purposes, as part of this Constitution, when ratified by three-quarters of registered voters in each Senate electorate within six months of the Senate first proposing.

Section 9 - Local Government

9(1) There shall be no local government.

Section 10 - Affirmation and Compensation

10(1) Before he enters on the execution of his office, a Tribune, Senator, Judge and all executive, legislative and judicial officers of the Republic shall take the following affirmation: "I do solemnly affirm that I will faithfully execute the office of [Tribune of the Triumvirate or Senator of the Senate or Judge of the Court, etc.] of the Republic and will to the best of my ability, preserve, protect and defend the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process."

10(2) All new citizens and permanent residents shall take the following affirmation: "I do solemnly affirm that I will to the best of my ability observe the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process of the Republic of New Freeland."

10(3) All jury members, including Senators sitting on a trial of impeachment, shall take the following affirmation: "I do solemnly affirm that I will to the best of my ability objectively apply the relevant law to the proven facts in the matter before the court, in the spirit of the Bill of Rights and pursuant to the procedure of the Bill of Due Process."

10(4) The Tribunes, Senators, Judges, and all senior executive, legislative and judicial officers of the Republic, shall receive an appropriate compensation for their services, to be ascertained by independent Compensation Panel, and paid out of the Treasury of the Republic.

10(5) A Tribune shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the Republic.

10(6) The Judges, Commissioners and Justices of the Peace, of the Constitutional Court and inferior courts and commissions, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

10(7) The independent Compensation Panel shall be composed of nine Members directly chosen from the people by random lot every year from the list of registered voters, and their decisions shall not be appealed.

Notes

Lindsay Perigo's picture

Notes on the Bills of Rights and Due Process

These Notes are not mere suggestions which a future court may ignore at its whim, but elaborations on the aforementioned Articles; no court shall ignore the rights, liberties, inclusions and exclusions enumerated in these Notes, regardless of the passage of time.

(1) Rights Indivisible: The rights enumerated in the Bill of Rights and Bill of Due Process are indivisible. None can conflict with any other, or be deemed to.

(2) Rights Retained: The enumeration in the Bill of Rights and Bill of Due Process of certain rights shall not be construed to deny or disparage others retained by every individual.

(3) Reservation of Powers: The powers not delegated to the Republic by the Bill of Rights and Bill of Due Process are reserved to every individual.

(4) Rights Eternally Enshrined: The Articles of the Bill of Rights, Articles of the Bill of Due Process, and Notes may never be amended or abolished by any act or bill of the legislature or by any exercise of power by the executive. In any conflict between the Bill of Rights or the Bill of Due Process or the Notes on the one hand and the Separation of Powers on the other, the Bill of Rights or the Bill of Due Process or the Notes shall prevail.

(5) Expiry of Legislation: Every act or bill of the legislature, or any exercise of power by the executive, shall expire not more than ten Earth years after the act, bill, or exercise of power has been enacted. And the government shall make no ex post facto or retroactive law.

(6) Free Speech and Privacy: "Press" includes but is not restricted to firearms, explosives, and militaristic literature; "any other form of communication or expression" includes but is not restricted to flag burning, obscene language, the portrayal of sex and violence, film and advertisement; "no law abridging" includes but is not restricted to no law requiring the recording or disclosure of the contents of this communication, including the recording or disclosure of financial transactions, financial statements and bank secrets, and no law restricting the right of an individual to view or encrypt this communication; "respecting an establishment of religion" includes but is not restricted to requiring the observance of any religious custom, including that of any indigenous or local culture; "means of identifying" includes but is not restricted to a driver's license or firearms and ammunition user's and owner's licenses or DNA sample.

(7) Right to Defend Against the Initiation of Force or Fraud: "Preserve, protect and defend" includes but is not restricted to preserving, protecting and defending against any government or invasion threat, and practising and training, whether alone or with other individuals or by hunting, to preserve, protect and defend; "shall not be infringed" includes but is not restricted to no law restricting the right of an individual, who does not objectively threaten beyond reasonable doubt the rights and liberties of other individuals eternally enshrined in the Bill of Rights and Bill of Due Process, to manufacture, distribute, market, acquire, keep, bear and use arms or other means and ammunition, whether concealed or unconcealed and in public or private spaces and in urban or rural areas and in or near schools and hospitals and superior to or inferior to the Armed Forces, police and intelligence, and no law requiring an individual to store, safeguard, child-proof, register, register the purchase or loan or sale or gifting of, or limit the number of his arms or other means and ammunition.

(Cool Free Association: "Marriage" includes but is not restricted to same-sex marriage or polygamy; "association" includes but is not restricted to such friendly association, political party, school or health practitioners', employee, employer, marketing, trade, industry or national association; "monopoly" includes but is not restricted to single-seller desk.

(9) No Compulsory Taxation: "Compulsory tax or involuntary contribution" includes but is not restricted to income, capital, capital gains, sales, value-added, goods and services, property, carbon, environment, social security, medicare, medicaid taxes, and import, estate, gift, stamp, duties, and tobacco, alcohol, drug, petrol excises, and local government rates, and accident compensation, total and permanent disability, total and temporary disability, specific illness and injury, fire, storm, wind, flooding, earthquake, war, war damage levies; coerced funding or socialisation of the arts, the sciences, education, health care, social welfare, social security, housing, transportation, roading, ports and utilities, finance, investment, insurance, commerce, environment, or political parties and candidates.

(10) Free Trade, Investment and Migration: "No law regulating commerce, investment or migration" includes but is not restricted to price controls, export taxes, tariffs, quotas, subsidies, non-tariff barriers, licenses, anti-trust legislation, takeover code, insider trading restrictions, resource management and environmental protection legislation which does not solely protect the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process, controls over the provision of and trade in food, liquor, health services, vitamins and supplements, pharmaceutical drugs, narcotics, financial and investment and insurance services, and business trading hours.

Bill of Due Process

Lindsay Perigo's picture

The Bill of Due Process

Article A - Treason

Treason against the citizens and permanent residents of the Republic shall consist only in levying war against them, or in giving aid and comfort to an enemy which shall pose an objective threat.

Article B - Arrest and Detention

Every individual shall enjoy, and shall be informed of, the right to know the reason for his arrest or detention; to remain silent; to consult and instruct a lawyer of his choice before questioning without delay; to have a lawyer of his choice present with him during questioning; if he cannot afford this lawyer, to have one appointed for him; to the writ of habeas corpus so that a court shall determine the validity of his arrest or detention without delay; to have the assistance of counsel and interpreters for this determination; to be released immediately if his arrest or detention is not valid; and if he is arrested or detained, to be charged promptly or to be released immediately.

Article C - Charge and Depositions

Any individual who is charged with an offence shall enjoy and shall be informed of the right to know in detail the nature and cause of the charge without delay; to consult and instruct a lawyer; to have the assistance of counsel and interpreters for his defence; to have sufficient time and facilities to prepare a defence; and to be brought before a court without delay.

And no individual shall be held to answer for an imprisonable offence unless a High Court judge decides there is a case to answer.

Article D - Criminal and Civil Procedure

In all criminal prosecutions and civil suits, the accused or defendant shall enjoy the right to be presumed innocent until proven guilty or found against; to a fair, speedy and public trial or case, at his election, excepting a trial of impeachment, before either a judge or an impartial jury preferably of the locality wherein the breach, liability or offence shall have been alleged; to be informed in detail of the nature and cause of the allegation; to be presented with the evidence against him; to have the assistance of counsel and interpreters for his defence; to have sufficient time and facilities to prepare and present a defence; and to be present at his own trial or case.

Article E - General Procedure

No individual shall twice face a hearing, inquiry, civil suit or criminal prosecution for the same breach, liability or offence; nor shall face a hearing, inquiry, civil suit or criminal prosecution for a breach, liability or offence which at the time of its alleged commission was not a breach, liability or offence; nor shall be compelled in any hearing, inquiry, suit or trial to be a witness; nor shall be prevented from requesting a witness or examining any witness whose evidence has been brought before the court; nor shall be prevented from appealing a determination, judgement, award, conviction or sentence in a higher court or requesting a judicial review.

And a jury shall be directed that it shall find, in favour of or against and innocent or guilty, the defendant and the accused in accordance with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process; and a judge, jury, commissioner or authority shall be provided with a copy of the Constitution and any supporting documents whatsoever.

Article F - Private Prosecutions and Civil Suits Involving Government

All civil suits involving the government shall be heard in the same manner as civil suits between individuals, and all criminal prosecutions brought by an individual, including a prosecution against the government, shall be heard in the same manner as criminal prosecutions brought by the government; and the right of an individual to bring or defend these proceedings shall not be infringed.

Article G - No Excessive Bail, Excessive Fines or Cruel and Unusual Punishments

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments, including the pain of death, inflicted.

Article H - Asset Forfeiture and Victim Restitution

Private and public property shall not be deemed the proceeds of crime unless the criminal burden of proof is met, nor shall be deemed the award of costs or damages unless the civil burden of proof is met; and the proceeds of crime shall be returned to the victims from whence they came or alternative but equivalent restitution enforced.

Article I - Finding of Fact and Mistake

Judges may repair to the traditional precedents of common law, equity and admiralty law where appropriate and create new precedents, provided all these precedents shall be consistent and shall not conflict with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process; and no fact tried by a judge or jury shall be otherwise re-examined in any court of the Republic than according to these rules; and if an individual shall mistakenly be convicted by an error of fact, he shall speedily and appropriately be either pardoned by a Commission of Inquiry, without restriction on his right to a retrial, be retried or have his conviction overturned, and a Commission of Inquiry shall be established to investigate the miscarriage; and he shall receive public compensation without delay.

Article J - Rights Suspended

Every individual who shall be lawfully incarcerated or declared legally and medically insane shall enjoy only those rights and liberties eternally enshrined in Articles III, IV, V, VII, IX and X of the Bill of Rights and in the Articles of the Bill of Due Process; and in respect of this individual, the government shall make no law requiring the recording or disclosure of the contents of any communication and restricting the right of the individual to encrypt this communication, excepting communication to, from and within his place of incarceration; and no law restricting the right of the individual to petition the government for a redress of grievances; and no law respecting an establishment of religion or prohibiting the free or non- exercise thereof or requiring the observance of any religious custom, including that of any indigenous or local culture; and no law requiring the individual to join any branch of the Armed Forces, private militia, intelligence or police.

And any individual declared legally and medically insane may make a final appeal against this declaration before a panel of experts, which shall be composed of five individuals drawn from reputable institutions.

The second declaration above

Mark Hubbard's picture

The second declaration above is inspired.

The Constitution of New Freeland ( http://www.freeradical.co.nz/c... ) has been, and is, a great resource. It's especially been handy to be able to link to it over the course of debates I've had at various sites.

Bill of Rights

Lindsay Perigo's picture

My Declaration was originally the Preamble to A Constitution for New Freeland, which was a combined effort over several subversive Saturday mornings some years back by Libertarianz. I've tweaked the Declaration to make it America-oriented again and bring it right up to date with Obamugabe's abuses and usurpations.

Here's Part A of our Constitution proper, the Bill of Rights. Again, we were mindful of pitfalls experienced in America:

Article I - Free Speech and Privacy

The government shall make no law abridging the freedom of speech, of the press, of electronic or optical communication or of any other form of communication or expression; or restricting the right of an individual to petition the government for a redress of grievances; or respecting an establishment of religion or prohibiting the free or non-exercise thereof; or requiring an individual to possess the means of identifying himself, unless he may be employed on the public payroll, or may be casting his vote, whereupon identification shall be required in the polling booth only.

Article II - Right to Self-Defence Against the Initiation of Force or Fraud

The right of an individual to preserve, protect and defend his life, liberty and property, or that of any other party subject to the initiation of public or private force or fraud, and to organise himself into private militia for these purposes, shall not be infringed.

Article III - Right to Repudiate a Government in Rebellion

The right of an individual to organise the overthrow of a government initiating force against its citizens shall not be infringed; and a member of the Armed Forces, private militia, intelligence, or police may disobey any order which conflicts with the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process.

Article IV - Property Rights

The right of an individual to be secure in his person, home, papers, effects, reputation, intellectual property and other properties, against unreasonable searches and seizures or arbitrary arrest and detention, shall not be infringed, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized; and no member of the Armed Forces, militia, intelligence or police shall be quartered in any house or property without the consent of the owner; and no individual shall be deprived of rights, liberties or properties without due process of law; nor shall private property ever be taken compulsorily for public use.

Article V - Right of Self-Ownership

The government shall make no law restricting the right of an individual to take his own life or to have his own life taken, if sufficient evidence of his informed consent has been provided in advance or at that time; and it shall make no law requiring an individual to be medically treated or undergo medical experiments, unless he presents an objective threat to the rights and liberties of other individuals, whereupon he may be confined at home, or if he still presents a threat, confined elsewhere or treated, but not experimented on, in an hospitable place; and government shall make no law restricting the right of an individual to ingest substances or to participate in practices which may or may not cause ill health or injury, provided such actions contravene none of the rights and liberties of other individuals eternally enshrined in the Bill of Rights and Bill of Due Process.

Article VI - Free Association

All interaction between adult individuals shall be voluntary and any voluntary association of individuals shall be deemed to have the rights of the individuals comprising it.

Therefore the government shall make no law restricting the right of an individual peaceably to assemble or to join together in marriage or friendly association; or requiring an individual to join, contribute to, be registered or be enrolled with any association; or establishing a monopoly and otherwise restricting the number or nature of businesses; or requiring an individual to join any branch of the Armed Forces, private militia, intelligence or police.

And while the government itself shall discriminate only on the basis of merit, it shall make no law restricting the right of an individual to discriminate on any basis whatsoever.

Article VII - No Compulsory Taxation

The government shall extract no compulsory tax or involuntary contribution of any kind from any citizen for any purpose whatsoever.

Article VIII - Free Trade, Investment and Migration

The government shall make no law regulating commerce, investment or migration; but the government may regulate the immigration of any individual who has aided or given comfort to the enemy in any war or revolution respecting the establishment of the Constitution.

Article IX - Sound Money

The government shall make no law in respect of the establishment of a central bank, monetary authority or currency of exchange, or to otherwise require the coining, printing or use of money; and any action by the government to purchase debt or equity of companies or trusts, or to purchase or speculate in land, buildings and other properties located in the Republic is expressly prohibited.

Article X - Rights Held in Trust

Nothing in this Bill shall be construed as permitting activities which can be shown beyond reasonable doubt to destroy the potential of a child to become an adult with full rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process. Subject only to this constraint, parents and legal guardians shall have full freedom to raise their children as they see fit; equally, they shall be deemed responsible for the actions of their children.

The age of independence shall be deemed by law, but the courts may deem an earlier age on application of the child, if the child can demonstrate its independence.

I would sign that. Now let's

John Donohue's picture

I would sign that. Now let's cut and paste it at the top of a new sheet of paper and call it The Preamble To The Constitution and then write the document that secures it.

Excellent

"In the name of that which is the glory of man,

Sandi's picture

his sovereign, reasoning mind" Precisely why your second declaration rocks.

Unfortunately Ron Paul and Sarah Palin would prefer to subordinate man to god.

Quite so, Sandi!

Lindsay Perigo's picture

American's who value their constitution should stop drinking tea and start erecting gallows in every state.

KASS!! Unfortunately, "Objectivists," who should be at the forefront, seem to be dividing into three camps:

1) The orthodox who say it's too early for gallows and tea-drinking and anything else;

2) The heterodox who say, " Let's join forces and hold conferences with Saddamites and advocates of child-molestation" (ISIL/TAS);

3) Born-again Rothbardians/Rockwellians who say, "Let's go all gooey over Christian Saddamite anti-abortionist Ron Paul who says 9/11 was 'blowback' ... and we should all just stop upsetting those nice Muslims. Then we can get on and abolish the Federal Reserve and the Income Tax, even though the nice Muslims have wiped us off the map, and that'll make it all OK."

Jesus H. Christ, to coin a phrase!

Fortunately, there's still SOLO, which says: KASS! Kick their evil totalitarian asses of whatever stripe to the other side of the moon! What then? This revised Declaration of Independence provides the framework. You'd think there might be an American or two who could take it from there. No????

"Now is the time"

Sandi's picture

The American "government is in rebellion against the Constitution it is sworn to uphold and against its citizens. It has thus rendered itself unconstitutional and illegitimate."

American's who value their constitution should stop drinking tea and start erecting gallows in every state.

A fabulous piece of work Linz.

Bravo indeed!

Marcus's picture

Just managed to quickly pop in.

I hope it is taken up!

One distinctiontha shouldbe held utmost in the minds of men thistime aroundis that this shouldnt just applyto the federal, but thelocal government level too!

Bravo

Kasper's picture

and well timed!

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