Sunday, November 18, 2012

Draft in Progress of 21st Century Constitution

Intending to secure to ourselves and our posterity the blessings of life, liberty, and property ownership which are preconditions for a peaceful, joyous, and loving society, we ordain and establish this Constitution.

Article I
Function and intent of governance

In a moral, just, and reasonable society, men and women are governed by natural laws which must be honored if the society is to serve human life in its full promise. Such natural laws are so fundamental to successful life in society that no person can opt out by claiming he or she has not agreed to these natural laws.

Natural laws do not violate one person's rights (wronging one person) for the good of many. In nature, what is right for any one individual is right for a society of individuals, and what is wrong for any one individual is wrong for a society of individuals. With natural law governance there is no sacrifice.

In the hope of reinforcing these natural laws and guaranteeing a wide expectation of observance of these laws, men and women create various infrastructures and mechanisms of governance. Such infrastructures and mechanisms can be privately or publicly owned.

This Constitution establishes one such non-monopoly organization (Moral Government) for the use of men and women who wish to experience rational response and arbitration or adjudication in matters regarding apparent rights violations.

Article II
Natural laws which are to be upheld

1. Governance covered by this Constitution applies only to the natural laws specifically listed in this Constitution, which are basic laws aimed at protection of life, liberty and property, a minimum requirement for a peaceful society.

2. This Constitution recognizes the following as unlawful: murder or attempted murder; physical attack of another's body or property; kidnapping or attempted kidnapping; theft or attempted theft; fraud or attempt to defraud. [Other self-evident natural laws would be listed here.]

3. This Moral Government shall never form a legislature to create new laws, and no new laws beyond those specified in this Constitution may be created by any branch of this Moral Government.

4. This Moral Government shall never levy taxes. Funding of governance in every respect by any branch of this Moral Government must be by voluntary donations or voluntary payment for services.

5. This Moral Government shall never conduct votes or institute systems of voting regarding any matters or persons related to governance. "Majority rule" is expressly forbidden. Likewise this Constitution does not allow for voting to be used with respect to any branch of the Moral Government.

Article III
Funding of governance

1. No branch of the Moral Government may in any way force a person to pay for any program or service. All funding within the Moral Government must be voluntary. Taxation is expressly forbidden.

2. Branches of the Moral Government may charge for services rendered, such service charges paid voluntarily by those using the services.

3. Branches of the Moral Government may accept voluntary donations, and may encourage voluntary donations. Those who donate money do so with the understanding that, as with church donations, many people may benefit from the governance which their donations help to fund, but nobody is forced to pay. Everyone who benefits from this governance does not have to pay their "fair share."

4. Each branch of the Moral Government must operate with separate voluntary funding and separate income and expense accounting disclosed to the public on a monthly basis.

5. It is understood that men and women either support or withhold support for each branch of the Moral Government by voluntarily donating or refraining from donating. This democratic participation via financial support provides each branch of the Moral Government incentive to remain efficient and uncorrupted so as to not lose their financial support. There is no other form of voting.

Article IV
Structure of the Government

1. Executive Branch

The Executive Branch of the Moral Government responds to apparent violations of the natural laws specified herein, and constitutes the “teeth” in these laws. This branch operates police, military, and other security functions. Recruits and leaders are hired based on outstanding achievement and service records in police and military academies or in private security services.

2. Judicial Branch

The Judicial Branch of the Moral Government provides an infrastructure for arbitration of disputes and adjudication of violations of the natural laws listed in this Constitution. Arbiters are hired based on outstanding achievement in arbitration school and private arbitration experience. Judges are picked from those arbiters who have a substantial record of highly praised arbitration outcomes.

3. Monitoring Branch

The Monitoring Branch of the Moral Government monitors and audits the other two branches, acting as a “watchdog” against corruption and abuse of power. Monitors and auditors are hired based on outstanding achievement in monitoring and auditing school or private monitoring experience. The Monitoring Branch shall publish monthly public reports of their findings and recommendations. If other branches of the Moral Government which fail to follow the recommendations of the Monitoring Branch, the Monitoring Branch can at any time publish a call for withdrawal of public financial support.

4. Selection and tenure of top Government Leadership

Since there is no voting allowed, the Founders of this Constitution shall choose by 100% consensus agreement interim Chiefs of the 3 branches of government. These interim Chiefs shall set up organization structures for their branches of government which shall include 5 organization leaders who are designated as "consensors."

The consensors of each branch of government shall be sequestered during the first year and shall meet without adjournment until a 100% consensus has been reached as to who they will ask to be the next Chief of their branch of government. Those asked, upon agreeing to serve, will assume office immediately.

During every fourth April after the first tenured Chief Executive assumes office, in the first week of the month, the currently designated consensors of the Executive Branch shall meet without adjournment until a 100% consensus agreement has been reached as to who will be asked to be the next Chief of the Executive Branch. That person, upon agreeing to serve, will assume office immediately and serve for 4 years.

During every seventh August after the first tenured Chief Justice assumes office, in the first week of the month, the currently designated consensors of the Judicial Branch shall meet without adjournment until a 100% consensus agreement has been reached as to who will be asked to be the next Chief of the Judicial Branch. That person, upon agreeing to serve, will assume office immediately and serve for 7 years.

During every tenth December after the first tenured Chief Monitor assumes office, in the first week of the month, the currently designated consensors of the Monitoring Branch shall meet without adjournment until a 100% consensus agreement has been reached as to who will be asked to be the next Chief of the Monitoring Branch. That person, upon agreeing to serve, will assume office immediately and serve for 10 years.

Philosophical Foundation of 21st Century Constitution

We hold these truths to be self-evident:

It is wrong for any man, woman, group, or organization (including government) to take the life of any human being. Each individual has an inalienable right to life.

It is wrong for any man, woman, group, or organization (including government) to use fraud, force, threat of force, legislation, judicial fiat, or majority rule to attempt dominion over any human being's free will. Each individual has an inalienable right to liberty.

It is wrong for any man, woman, group, or organization (including government) to use fraud, force, threat of force, legislation, judicial fiat, or majority rule to take (or dictate the use of) the fruits of any human being's rightful productive efforts. Each individual has an inalienable right to own and freely use property.

It is not wrong for people to create a government infrastructure which...
(a) is not allowed to violate these natural rights, 
(b) discourages others from violating these rights,
(c) provides for arbitration and adjudication when others have violated these rights.

Why Create A 21st Century Constitution?

The 1787 U.S. Constitution could be seen as a "miracle" compared to mankind's political history previous to that time. Some say "God's guidance" was involved in 1787. But clearly the ego of man also played its part, and by leaving too much open to interpretation, and by allowing some activities which actually violate individual rights, the 1787 U.S. Constitution fell short of perfect.

Maybe written constitutions for political governance will always be less than perfect. But the human race has evolved since 1787. Human understanding has evolved. If you believe in Divine Guidance, there is every reason to believe that Divine Guidance is still available and we can once again access the miracle which inspired the U.S. Constitution, but with less ego involvement than ever. Even if you don't believe in Divine Guidance, the failure of the U.S. Constitution to provide for government free of insanity and corruption should invite your mind to be open to learning from mistakes and trying anew.

Whether a people start a new country with new governance, or reform the structure of their current country, it is their right to lay a new and stronger foundation for the protection of their lives, liberties, and rightfully earned property. It is time for a more modern constitution which serves better secure the 3 sacred rights of individuals: life, liberty, and property.

You Are Invited To Be A Founder

Please read the working draft of the 21st Century Constitution as well as other articles on this site.  If you feel so inspired, please help us create the 21st Century Constitution.  Make comments to any of these postings.  Suggest additions, corrections, editing, anything that would improve the 21st Century Constitution, thereby becoming one of the founders of a moral government.