Tuesday, May 16, 2006

Constitutional Commentary #13

from Cinda in Washington

[Cinda's comments in red. Mine in blue. - HAC]

Article III. Citizenship in the Republic, as opposed to residence, to include exercise of the franchise and participation in government and the political process, shall not be automatically conferred at birth, or through racial identity alone. Citizenship is to be earned through responsibility fulfilled.

[This is great. We should required to get up off our butts and do something.]

Article IV. - Residence and citizenship in the Northwest Republic shall be restricted, absolutely and for all time, to those persons of unmixed Caucasian racial descent from one of the historic family of European nations, who shall have no known or identifiable non-White ancestry, and no visibly non-White element in their genetic makeup.

[This is great, but how will you ensure that NAR residents have no niggers in the woodpile? DNA testing?]

[All matters of race would be the province of the Bureau of Race and Resettlement. It may be that after a generation or two of unmolested peace where the very existence and survival of the Republic is not in question, if we can achieve that, then we can start a whole big eugenics program and start nit-picking the hell out of racial eugenics. In the first years of our existence, with the entire world going frantic to destroy us and compulsory military service a matter of survival, common sense will have to be the guideline.
Realistically, you know within 30 seconds after meeting someone whether they're White or not. This issue is one of our minefields that we need to avoid getting bogged down in, pardon my mixed metaphors.]

Article VII. - Citizenship in the Northwest American Republic may be legally reduced or revoked by a court of law, by the Bureau of Race and Resettlement, by act of the National Convention, or by decree of the State President, which bodies and authorities may also grant or restore citizenship. Grounds for revocation or reduction of citizenship shall be conviction of a felony, mental defect or insanity, proven non-White racial descent to include Jewish ancestry, willful miscegenation with persons of non-White race, or factual proof of acts of homosexuality.

[(Mental defect) is a little scary. A clear definition might make it less scary. Does it include post-traumatic stress disorder?]

[Mmmmm...okay, to me "mental defect" is one of those obvious things, but I myself have said we need to avoid assuming the obvious in our Constitution lest it not be so obvious to our descendants, so I THINK I see your point. We don't want to end up with some kind of corrupt mental health authority stripping the government's political opponents of citizenship and franchise by calling them "crazy," as much as my brother would like to institute such a system. How about substituting the term "medically certified mental defect?" I mean, someone who thinks he's Napoleon or keeps trying to stab himself with scissors obviously doesn't need to be voting, so there does need to be some proviso here.]

Article III. - This Constitution shall be enforced and interpreted by a standing Constitutional Committee of the National Convention, to whom constitutional issues may be referred for determination by the Convention as a whole, by the executive branch, by state agencies, and by the courts.

[But you said there was no judicial branch?]

[Not a judicial branch of government, no, but there will have to be some basic minimal court system, and there will be occasions when those courts and magistrates (I think we need to get rid of the whole term "judge") will need some kind of ruling or guidance on something's constitutionality. In which case, rather than interpret the Constitution themselves all on their oddy knocky however the spirit or their own prejudices move them, like we have under today's screwed-up system, the magistrates go to the legislative branch and they ask.]

Article VII. - The chief executive of the Northwest American Republic shall be the State President, who shall be a first-class citizen and Party member not less than thirty-five years of age and a military veteran.

[Good! Important!]

3) The State President shall serve as chief magistrate of the Republic and shall exercise full and final recourse over all actions and decisions of the judicial system and the National Honor Court, specifically including the power of full or partial pardon and/or commutation of any sentence of death, confinement, corporal punishment, loss of citizenship, or exile, with the following exception: the State President may not overrule any jury or other court verdict of not guilty, not proven, or other acquittal in any criminal case.

[So the judicial system is part of the executive branch of government?]

[No, the judicial system--a necessary evil which needs to be kept on a tight rein--is subject to the supervision and control of the executive and legislative branches. There is a difference. Under the Republic a court of law will basically be a forum for determining facts and finding out the truth, a la David Tate, not a power or authority in itself or a vehicle to allow left-wing bureaucrats and ideologues to tamper with the state and destroy people's lives. The President has the power to overturn what he sees as an unjust conviction. He cannot overturn or overrule an acquittal, thus tilting the machinery of justice clearly in favor of the defendant, as it should be.]

Article XI. - The President of the Republic shall serve a single term of six years in office, and may not be re-elected to the office of President for two consecutive terms.

[But can serve non-consecutive terms?]

[Yes.]

Article XVII. - All members of the national constituent assembly shall enjoy full parliamentary privilege and immunity from any arrest, prosecution, or investigation in connection with their official duties as members of the assembly or in connection with any written or oral communication, public or private, in connection with their official duties.

[But they are not immune from arrest, etc. for suspected crimes unconnected to official duties, right?]

[No. As naive as this sounds, I would hope that this situation never arises, but if some deputy to the Convention is found in the act of strangling his wife or robbing a liquor store, yes, he can be arrested. In actual practice what would probably develop would be that the Guard would come to the Speaker of the Convention or a government minister and say, "Hey, we have evidence that Deputy John Jones has been doing this, that, and the other thing, and we want to arrest him," and there will be a procedure in the Convention for waiving a deputy's immunity in such a case.]

3) A presidential veto of all or part of any bill may be overridden and shall become law on a majority vote of the National Convention in full session.

[Nice balance of power, but I hope this doesn't happen often.]

Article VI. - In order to instill and maintain the highest standards of personal courtesy, deliberation, maturity, integrity and courage in the manhood of the Republic, the State President in his capacity as chief magistrate shall establish and supervise a National Honor Court. The said body shall in turn create and enforce all necessary regulations, procedures, and protocols for the resolution of personal differences between individual male residents and citizens of the Republic, up to and including private combat by mutual consent, in accordance with the ancient and historic traditions and practices of the European family of nations.

[Oh, this is really interesting.]

[I've been wondering when someone would pick up on it. I think we all know that a large part of today's everyday problems come from the large number of assholes who are running around loose in society, usually with bits and pieces of petty power that the present system has given them over other people's lives, and with a blank check to disrespect and bully and mess with other people with no fear of the consequences. That needs to change. There needs to be some way of enforcing basic courtesy. There needs to be some way to convey a message to those with this character defect: don't disrespect people, because you may be held responsible. There needs to be some penalty for being an asshole. There isn't any in this society, and that is a very large part of our problem.]

Article I. - Whereas an armed population is the most basic essential for the preservation of life, liberty, and the prevention of oppression and tyranny, and whereas the possession and use of arms is the most ancient birthright and proudest mark of the free man down through human history, all citizens and residents of the Northwest American Republic shall enjoy the right to keep and to bear firearms and other personal arms for defense of the state and of their lives and property.

[Yes!]

SECTION FOUR - Bill of Responsibilities

[Thank you! I hate to see rights without responsibilities!]

Article I. - All able-bodied male residents and citizens of the Northwest American Republic must serve a basic term of active duty in the armed forces and a set term in the reserves.

[Why not define the term?]

[Because the military needs of the Republic may change. The actual details of conscription need to be a matter for the military and the political authorities to work out according to the strategic and tactical situations in which the Republic finds itself. For example, if memory serves, in Napoleonic days the navy used "pressed" men but the army was always volunteer. In World War Two and Korea, if memory serves, they drafted the army but the navy was all volunteer. Czarist Russia drafted men for 25 years, which is a bit steep. Now Jug-Ears is offering eighteen-month enlistments to try and entice these poor dumb kids over to Iraq. (They apparently have never heard of "stop-loss"; once they sign those papers they're in the army as long as Jug and his Jewish neo-con friends want them.) Anyway, military matters should be left as much as possible to the military. We see where our much-vaunted "civilian control" of the military has gotten Britain and the United States.]

Article V. - No citizen, resident, corporation, institution, or government body or authority shall charge any form of interest, premium, or any other form of fee or bonus for any loan of money.

[But the lender can get reward as described in your 14th century economics lesson?]

[Yes. For someone to say, "I'll lend you ten thousand bucks to build your widget factory, but at the end of one year you pay me back twenty thousand no matter what," is usury and would be unconstitutional. To say "I'll kick in ten thousand bucks now, and for that I want half of the net profits for three years once you produce the widgets" would be investment as opposed to usury and legal, because it would be based on the production and sale of widgets or other actual economic activity, not just money making more money.]

Article VI. - No citizen or resident of the Northwest American Republic may accept any monetary emolument, fee, gift, or anything of value for performing the function of a priest or minister of religion.

[How do they keep food on the table?]

[They get a job like everybody else, possibly in the guy above's widget factory, for 40 hours a week or however long the Republic's work week is, and they're priests or preachers on Sundays and after hours.

The purpose of this provision in the Constitution is to eliminate an entire class of people who have been with us and causing infinite trouble for centuries--a permanent, professional priesthood, what the Mormons call "priestcraft." It is not an original observation with me that mankind's religious troubles don't come from religion, they come from theology. The problem is the organized church, not the belief systems in Roman Catholicism or Lutheranism or whatever. The Church and its collection plate, allowing it to accumulate property and become a major employer and to thus become a political player, to use the spiritual hold it has over people as a political and social weapon.

No, no, no, no, no. Just as every State must have and maintain a credible monopoly of armed force, the State must have a credible monopoly of spiritual force as well. This business that started back in the days of medieval popes and King Henry the Eighth etc. needs to be finally settled--the church is to be subordinate to the state, not vice versa. Freedom of conscience, fine. Meddling in politics and statecraft and social engineering in the name of freedom of conscience, not.

The way to do this is simple, and we don't need to burn anyone at the stake. Take away the preachers' collection plate. Remove all element of profit from the practice of any priestly or missionary office, so that if a man or woman elects to become a priest or priestess or High Druid or whatever they're doing it because of belief, not for the contents of the collection plate. Eliminate a professional clergy and you have a recipe for countless generations of social peace.

Oh--and tax Church property. As King Philip the Fair and Henry the Eighth demonstrated, that takes the wind out of their sails quite handily.]

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