136 lines
13 KiB
Markdown
136 lines
13 KiB
Markdown
# Wellspring: Principles.
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## Prologue
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This constitution is a broad template of sorts which is meant to be adapted and adopted by a new era of nations. Its name is `Wellspring` -- it aims to be a wellspring from which oases of reason, reality and individualism will flourish in a world of coercion and collectivism.
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Wellspring, hereafter "`WS`", exists to improve upon the mistakes of the forerunner American republic and form a more perfect union. `WS` is intended to establish a free market, minarchist, constitutional republic (i.e., emphatically **not** a democracy) with a strong bias against wealth redistribution.
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## Interpretation
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`WS` shall always be interpreted in an originalist fashion consistent with the doctrine of `Antonin Scalia` (1936-2016). In order to assist with its interpretation, each file also includes an Apologia to explain what the text was understood to mean to its framers and the surrounding zeitgeist at the time of its adoption.
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Where unclear, the text is to be interpreted to favour as wealth little redistribution as possible, preferring always none if that is an option.
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## Symbols, celebrations and rituals.
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Motto: "*The individual outranks the collective.*"
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Pledge of Allegiance: "*I swear by my life and my love of it that I will never attempt to force, threaten or defraud another indeperson into living for me.*"
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Republic Holidays: Each of the cornerstone principles of the republic shall have its own holiday to keep it in remembrance. Working on a republic holiday incurs no penalty.
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- First month:
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- *Day 1*: Not A Democracy, but a Republic if you can keep it (`ReNoDem`) day.
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- *Day 2*: Common Law and Magna Carta (`Magnificata`) day.
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- 2nd quarter month:
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- *Day 1*: Intentional Gridlock (`InteGrid`) day.
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- *Day 15*: Sic Semper Tyrannis (`Sictember`) day.
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- Middle month:
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- *Day 1*: Private Property Law (`PrivaLa`) day.
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- *Day 15*: Rights are Unimpeded Capabilities, Not Obligations On Others (`RaNO`) day.
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- 3rd-quarter month:
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- *Day 1*: Tyranny is unenforceable day.
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- *Day 15*: Existence Exists (`Exis`) day.
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- Final month:
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- *Penultimate day*: Reason Grasps Reality (`ReGRe`) day.
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- *Final day*: Existence is Identity and Consciousness is Identification (`EIConI`) day.
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## Theory of rights and law:
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### Definition of Rights
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Rights are capabilities and nothing more. A "right" is an undertaking which an indepagent is capable of performing on its own, if left unimpeded. That is, a right is something which an indepagent can perform "by right" of its own nature/design. A right is **not** a claim on the capabilities, mind/consciouness or labour of **another** indepagent.
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Rights and private property law go hand in hand; rights are capabilities, and private property law ensures non-interference: to wit, that no indepagent's capabilities are used to injur or impede another indepagent's ability to exercise its rights. Individual rights precede law. Law preserves individual rights.
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### Definition of Private Property
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Private Property law is that set of restrictions which stem from the recognition of the sovereignty of every indepagent over its own self (both consciousness and "body") and the produce of its labour (both cognitive and physical). In order to protect the sovereignty of indepagents, private property law secures each indepagent against interference in the forms of **force**, **duress** and **fraud**. Any claim by any indepagent to ownership of another indepagent shall be null and void in a Utopian court.
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The private property of the individual may only be breached in the pursuit of the following exceptions:
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- In as much as preconagents are unfit to sensibly manage their own property: there shall be laws to designate both the automatic and explicit guardianship, trusteeship and powers of attorney to others for the unsound of mind during such time that they are unsound (pueragency, senesagency, diagnosed mental unsoundness, accident, etc).
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- In as much also, as communicable diseases and biohazards are a market failure whose urgency demands that the gradual hand of the market to reach equilibrium be bypassed for expeditious measures: communicable (and only communicable) diseases and biohazards shall be an exception to individual sovereignty, as outlined in `SovCBio` law.
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- Finally in order to resolve information asymmetries and discourage fraud: laws which force the publication of component ingredients in a product or service (but not the method thereof) are a permissible exception to the non-negotiability of private property law.
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- The preparedness of the nation for war to protect the private property of `WS` residents, as outlined in `SovWI` law.
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No other exceptions to the sacrosanctness of the sovereignty of the individual over his/her private property are recognized by this Constitution, including causes such as, natural disasters, non-communicable disease and climate change. Environmental protection mechanisms are specified elsewhere in this constitution.
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### Rights protected by `WS`
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WS recognizes only 4 fundamental rights; they only apply to indepagents. No other species' rights are recognized before WS' courts. To wit, every other species (depagents, animals and mechanimals) may be privatized as property. Pueragents and Senesagents are sub-types of indepagents.
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The right to:
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1. Think/associate/dissociate freely. There are no exceptions.
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2. Speak/communicate freely. The exceptions to this right are where speech is employed to command or request violation of private property by proxy (i.e. "incitement") and where speech violates SovWI Secrecy law. *This shall not be construed to preclude civil liability incurred from speech, where factually incorrect speech causes damage to reputation and prospects (i.e, "libel/slander" etc).*
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3. Contract/trade freely. The exceptions to this right are those outlined in the Contract Law.
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4. Act/labour/move freely. The exception is where action violates others' private property as defined by this Constitution. This right may be abridged in respect of the exceptions outlined in this constitution's definition of private property, but only in as much as is necessary to achieve such ends and no further.
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No other right is recognized before a Utopian court.
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> [Experimental] Laws which force other persons' labour shall be unenforceable. E.g, laws to force a medical/insurance worker to labour for others (I.e, no right to healthcare). This shall not be construed to invalidate equitable legal remedies.
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### Those things declared "unenforceable" by `WS`
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The defense, "forceful resistance of the unenforceable", even to lethality, shall form a perfect defense in every Utopian court where the injury is inflicted against one attempting to enforce a thing deemed "unenforceable" by this constitution.
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> [Experimental] If in the act of defending an outlaw, a person harms another, the defendant shall have no defense.
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## Republic, not Democracy
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The rule of law (i.e., "Republicanism") is that form of government which equally subjects **all** conagents to a publicly published body of law (constitution + legislation) which all conagents can read, understand and make preparations to govern **themselves** by. It differs from other forms of government in that every other form of government is rule by whim - whether rule by whim of a single individual or rule by whim of a group or collection of groups.
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`WS` rejects all forms of rule by whim, including rule by whim of a majority (i.e., "Democracy"). `WS` establishes a republic where conagents are ruled by a publicly published document and not by arbitrary whim. The separation of powers in a Republic pits contending interests against one another in an intentional gridlock to ensure that any legislative changes which **do** get past the gridlock are those with extremely broad consensus. A republic's constitution applies equally to all and most importantly, resists **impulsive** changes and protects minorities against the tyranny of majorities (i.e, "Democracy") by identifying rival minority and majority interests and giving them representation in government, so as to maximize intentional political gridlock using the separation of powers.
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## A word on "Equality"
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Without any repentance, be it clear and unambiguous that it the **only** form of equality which `WS` values is equality of the **applicability of laws** (i.e., "Rule of Law", or "Republicanism"). `WS` explicitly does **not** value equality of *opportunity* or equality of *outcome* as legislative goals.
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This is not intended in any way to disparage **private sector** efforts to create equality of opportunity or equality of outcome within the **private sector** via private sector mechanisms. The gov't notwithstanding **shall** pursue equality of the enforcement of the laws on **all** conagents. Government shall not pursue equality of opportunity or outcome in any area through law, bye-law or any form of policy.
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The government may however, pursue equality of opportunity in **only** one area: government may provide mechanisms and redistributive programs to ensure that private property enforcement through the courts is as easily accessible to the poor as to the rich. When an indepagent suffers a private property violation, the financial costs should not be a limiting factor in whether or not they decide pursue redress in court.
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Any politician introducing a bill which would seek to pursue either of the following:
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- Equality of opportunity (outside of equality of access to the courts).
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- Equality of outcome.
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...Shall become an outlaw after 1 hour upon being judged so to have done.
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## Role of Government
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`WS` Government is a corporation which monopolizes the legitimate use of force within its jurisdiction in order to guarantee an undisputed monopoly to the private property law through its courts. Government shall have the power to pass laws which preserve the undisputed monopoly position of its courts.
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The `WS` government provides and law enforcement personnel (i.e, "police"), external defense via a standing army/navy/airforce (i.e, "military"); an `Externality Exchange Auction` market service; Courts/Franchisee Courts; intelligence and diplomacy; Contagion and Biohazard Management (`SovCBio`); and incentives for certain categories of insurance and products (using tax reductions only).
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Branches of govt: Diplomatic, Military, Judicial, Informative, CBio, and Legislative. There is no executive. Only the military and CBio branches shall have the power to deficit spend. The Diplomatic branch shall have the power to deficit spend **only** for the effectuation of the "Right to Leave" program. Deficit spending by any other branch shall be directly funded by its employees. Deficit spending by the Diplomatic branch on any program other than the "Right to Leave" program shall be directly funded by its employees.
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No regulatory committee or administrative agency (not even supposedly "independent" ones) shall be established by govt or given power to create or change law or bye-law.
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## Courts
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Courts are nationalized because private property law should enjoy a uniform, undisputed monopoly.
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Courts may be franchised to provide greater coverage. All courts without exception shall be lex-libertas courts.
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> [Experimental] Appellate courts shall have larger (in number) juries than lower courts.
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## Open governance
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No information shall be made secret by the government unless it pertains to war, and war secrets shall be kept under the auspices of the War Secrets section of this constitution.
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All affairs of government not concerning war secrets shall be open to attendance by the public. Should there be no room to host all those interested in attending, room shall be auctioned off to the highest bidders on the `Externality Auction`. There shall be no public spending on broadcast agencies/business. There shall be no nationalized or government owned or subsidized media agencies. Each branch of government shall arrange to make such seating or other means of attendance as are required, physical or otherwise (digital, etc) available for auction.
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## The right to leave
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Citizens shall have a valid claim to the "Right to leave" program. Citizens who claim the Right to Leave shall not be allowed to return until they have paid back the debt incurred to effectuate the program on their behalf. While the ex-citizen is outside of the jurisdiction of `WS`, they shall not be chargeable for the debt. Upon leaving the jurisdiction as the final step of the Right to Leave program, the citizen loses citizenship. The right to leave program grants:
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- One way travel to a destination chosen by the applicant.
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- Should the applicant desire to relocate to a different domicile location during the 2 years, no new transportation coverage shall be offered or granted; however the accomodations funds will continue being paid according to the original schedule.
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- 2 years' coverage of accomodations. The level of comfort afforded shall be subject to the legislature.
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- The coverage shall be given in monetary form.
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- There is no requirement that the applicant spend the money on accomodations; merely that they leave the jurisdiction.
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- It is up to the applicant to procure any visas/authorization for residency, transit, etc required to reach and domicile themselves in their end destination.
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The government shall not impose obstacles that make it difficult to claim this program's benefits. Citizens shall be freely allowed to leave. Notwithstanding, government may suspend the program at times where it becomes difficult to balance other higher priorities against it, such as SovWI and SovCBio emergencies.
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