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wellspring/08-courts/08-01-bill-of-procedural-protections-apologia.md

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Wellspring: Bill of procedural protections: Apologia

The forerunning amendments:

Some commentary where deemed necessary:

  • On the 5th and 10th amendments: The WS constitution does not recognize any notion such as, or of similar nature to "substantive due process".
  • On the 7th amendment: The WS constitution wishes to make it extremely clear that all trials are to be trials by jury. Somehow at the time of writing there are non-jury trials in the forerunning republic for sums exceeding twenty dollars, so this must mean that somehow, the 7th amendment wasn't clear enough. Being unsure which part was unclear, WS wishes to emphasize this point and hopefully ensure that it is clear this time.
  • On the 12th amendment: "Citizenship" is a tenuous concept in WS and we may need to massage this phrasing.

Procedural protections:

Hopefully this is extremely clear: no WS polity shall ever be made subject to the jurisdiction of any non-WS court, whether that be the International Criminal Court or the European Court of Justice or the Caribbean Court of Justice or any other court system which is a non-WS court system.