- PRINCIPLE #1: ALL PERSONS ARE RIGHTFULLY SOVEREIGN
OVER THEIR OWN AFFAIRS WHICH DO NOT INFRINGE UPON THE RIGHTS OF
OTHERS.
- PRINCIPLE #2: FAMILIES SHALL BE SOVEREIGN OVER ALL
FAMILY AFFAIRS WHICH DO NOT INFRINGE UPON THE RIGHTS OF OTHERS OR
PRESENT AN IMMINENT, PHYSICAL THREAT TO THE LIFE OF INCLUDED CHILDREN
- PRINCIPLE #3: FUNDAMENTAL RIGHTS ARE SUPERIOR TO
ALL EARTHLY LAW AND SHOULD BE SECURED BY A CITIZENSHIP COVENANT
DOCUMENT THAT IS ACCEPTED BY UNANIMOUS CONSENT AND NEVER MADE SUBJECT
TO MAJORITY RULE
- PRINCIPLE #4: GOVERNMENT SHOULD ONLY BE FORMED BY
INITIAL UNANIMOUS CONSENT OF THOSE TO BE GOVERNED BY SUCH, FOR THE
SOLE PURPOSE OF PROVIDING MUTUAL DEFENSE FOR THE FUNDAMENTAL RIGHTS
OF ALL CITIZENS.
- PRINCIPLE #5: CITIZENSHIP SHOULD BE BY COVENANT
AND QUALIFICATION RATHER THAN BY BIRTH, WHEREBY THE FUNDAMENTAL
RIGHTS OF CITIZENS, AND THE DUTIES AND RESPONSIBILITIES OF BOTH
PARTIES (GOVERNMENT AND CITIZEN) ARE CLEARLY SPECIFIED.
- PRINCIPLE #6: EQUAL JUSTICE (not results) SHALL
BE GUARANTEED FOR ALL CITIZENS UNDER CONSTITUTIONAL LAW THAT STRICTLY
LIMITS THE SCOPE OF ALL LAWMAKING POWER TO THE DEFENSE OF FUNDAMENTAL
RIGHTS.
- PRINCIPLE #7: GOVERNMENT SHOULD BE FINANCED BY USER
FEES FOR ALL DIRECT SERVICES TO INDIVIDUALS AND GENERAL TAXES FOR
UNIVERSAL SERVICES (DEFENSE, JUSTICE, ADMINISTRATION, AND LEGISLATION);
THE LATTER SHOULD BE UNIFORM AND EQUAL FOR ALL CITIZENS.
- PRINCIPLE #8: MILITARY AND POLICE POWER OF GOVERNMENT
SHOULD ONLY BE USED WHERE THERE EXISTS A DIRECT THREAT TO THE FUNDAMENTAL
RIGHTS OF ITS CITIZENS, AND TO ENFORCE LAWS WHICH ARE CONSTITUTIONAL
AND BASED UPON THOSE RIGHTS. ANY ASSISTANCE FOR LIBERTY GIVEN TO
FOREIGN NATIONS WHERE A SIGNIFICANT THREAT TO THIS NATION CANNOT
BE DEMONSTRATED SHOULD BE ENCOURAGED BY GOVERNMENT BUT CARRIED OUT
BY VOLUNTARY MEASURES.
- PRINCIPLE #9: CITIZENS SHOULD BE PRIVATELY ARMED
NOT ONLY FOR PERSONAL PROTECTION AGAINST CRIME, BUT TO ACT AS THE
ULTIMATE FORCE AGAINST POTENTIAL GOVERNMENT TYRANNY AND AGGRESSION
AGAINST THE FUNDAMENTAL RIGHTS DETAILED IN THE CITIZEN COVENANT.
- PRINCIPLE #10: GOVERNMENT MUST BE STRICTLY LIMITED
IN ITS POWERS, ESPECIALLY IN THE FOLLOWING THREE AREAS OF UNLIMITED
INTRUSION:
- PROVIDING ANY SPECIFIC BENEFIT TO ANY PERSON OR GROUP, FINANCED
BY ANY FORM OF TAXATION, NOT CONSTITUTING A USER FEE.
- PROTECTING PEOPLE FROM NATURAL DISASTER, SAFETY HAZARDS, RISK
TAKING OR ANY OTHER DIFFICULTY NOT CONSTITUTING A THREAT TO
FUNDAMENTAL RIGHTS.
- PROSECUTION OR MAKING ANY ACT A CRIME IN THE ABSENCE OF A
SPECIFIC COMPLAINANT OR VICTIM, EXCEPT IN CASES INVOLVING IMMINENT
THREAT TO LIFE
PRINCIPLE #1:
ALL PERSONS SHALL BE SOVEREIGN OVER THEIR OWN AFFAIRS WHICH DO NOT
INFRINGE UPON THE RIGHTS OF OTHERS.
All persons have the right to be equally free and independent, and
to possess equally the full range of fundamental rights, which are
those powers to act or be, which all persons can possess simultaneously
without exercising compulsion upon another.
There are only four truly fundamental rights that
pertain to individual or personal sovereignty: These are the rights
of
- LIFE, LIBERTY, OWNERSHIP, SELF DEFENSE.
Each of these rights has certain conditions which limit their application
in a way that does not trespass against others equally asserting the
same rights. There are also many corollary rights which are derived
from these basic four. These have all been discussed in the previous
section and detailed listing of fundamental rights.
Lets now take a brief look at the principle of sovereignty which
will allow us to discuss individual, family, and national rights.
THREE AREAS OF RELATIVE SOVEREIGNTY: INDIVIDUAL, FAMILY, NATION
Sovereignty refers to the possession of ultimate authority within
a certain framework of law. When one is sovereign in a certain area,
there is no higher authority. He or she has the right to make all
judgment and carry them out. In the context of liberty within a nation,
we will be referring primarily to individual and family sovereignty
relative to governments and other individuals or groups. Associations,
including governmental associations, are merely extensions of the
sovereignty of the individuals composing such associations.
The individual is sovereign (meaning the possession of ultimate
earthly authority) over all his personal affairs which are not in
direct and harmful conflict with the fundamental rights of others.
The family has certain sovereign powers distinct from the individual
by virtue of the presence of dependent children who, having been brought
into the family as a consequence of parental procreation, must be
accorded special protection and training by those parents who engendered
the child. While parents have given up a portion of their individual
sovereignty by engendering a new child, they must also be accorded
a special form of sovereignty with ultimate earthly authority over
those children, short of acting in a way which presents an imminent
and pernicious threat to the life of the child. The reason for this
"balance" of authority and responsibility will be detailed
later in the section on family sovereignty.
Lastly, individuals may group together and form associations by
initial unanimous consent which also may act in sovereign matters
relative to other persons or groups. A government is simply a large
form of such an association of individuals, as will be explained later.
The government association is never sovereign relative to its individual
members (who constitute the creators and controllers of their government
association), but is sovereign relative to other separate nations,
or groups.
PRINCIPLE #2:
FAMILIES SHALL BE SOVEREIGN OVER ALL FAMILY AFFAIRS WHICH DO
NOT INFRINGE UPON THE RIGHTS OF OTHERS OR PRESENT AN IMMINENT, PHYSICAL
THREAT TO THE LIFE OF INCLUDED CHILDREN
FAMILY SOVEREIGNTY AND RESPONSIBILITY OVER FAMILY AFFAIRS
There exists a natural covenant relationship between parent and
child, beginning at conception, that is binding upon the parents and
requires them to assume the ultimate responsibility for child care,
safety, and education until the child arrives at an ability or desire
to be responsible for himself.
In deference to the voluntary covenant relationship which generally
involves the sacred act engendering a child, governments should never
be granted power to intercede in the affairs of parents and children
as long as parents are not proven guilty of gross cruelty or extreme
negligence which threatens the life of the child, as clearly defined
in constitutionally restricted law, and in no case against the will
of the child, when that child is of sufficient age to express that
will and understand the alternatives.
In order to preserve family sovereignty from the slow, steady encroachment
of government, parents must have full discretion over the care of
children unless they reach a point which we may easily describe as
imminently and perniciously threatening to the life of the child (e.g.
child beating that is life threatening). While children have many
times had to suffer from the poor decisions of parents, that seems
to be one of the necessary prices to pay for freedom.
To allow the government to scrutinize the decisions of parents at
any lower level than imminent (not the mere possibility of) threat
to life, is to allow the government total ultimate authority over
instruction, safety, discipline, nutrition and medical care. In short,
all children become "wards of the state" which, besides
being impractical, is a violation of the fundamental rights of parents.
The specter of uniform state guidance in the care and upbringing of
all children only guarantees an intellectually sterile generation,
devoid of moral values. Agents of the government may be knowledgeable
as to the things of the world, but they will lack the understanding
and moral courage to defend freedom and personal moral and religious
values of the individual family.
As a fundamental premise, the state can only legitimately interfere
in family affairs in protection of the right to life. A child, as
long as he remains in a dependent relationship, living off his parents,
does not, and cannot claim his other rights. To do so would make the
parents or their property the slaves of the child. Those rights are
synonymous with being an independent person, qualified for citizenship.
The child is free to declare his rights and become independent at
any time he or she may be capable of meeting the qualifications of
citizenship, but in doing so he can no longer claim his dependent
relationship. The implicit reasoning behind this is based upon the
child's superior standing as to the covenant nature of the family.
The parents engendered an automatic obligation, which they cannot
break without harming the child. The child is the only one that can
dissolve the bond since he had no choice in the act which brought
him into the covenant relationship, and does no damage to the parents
by dissolving their obligation to care for him. This concept does
not attempt to make light of the emotional pain such separations may
cause, only to indicate that disappointment and emotional pain usually
cannot and should not be construed as adjudicable damage.
This aspect is worrisome to some families who have become accustomed
to using the power of the state to compel a child to stay at home
until reaching the legal age of maturity. Upon close examination,
it is clear that the setting of an age for "maturity" or
independence is quite arbitrary. There is no basis for it in principle.
In fact, by handing over such powers to government determination,
parents have unwittingly given justification to the state to enter
into some REGULATION of family affairs, when dependent children have
become independent and are not allowed to exercise that independence.
I believe I can demonstrate, to those who are worried about children
being enticed away into evil paths through the exercise of independence,
that such true freedom is less likely to induce a child to
leave and is more beneficial to family relations in the long term,
but only if we possess a complete structure of covenant government
as explain in this work.
First, it must be remembered that, under these principles, there
would be no permissive government welfare or social structure available
to induce children to leave home and find a "free life."
In a contractual government, every member of society would be required
to have legal standing as a citizen, or be under a contract with a
citizen, either as an employee or a dependent. The citizen would be
responsible for the conduct and welfare of all non-citizen employees
or dependents under his or her care. If a person wanted to establish
independent citizenship, he would have to either sign the Constitutional
covenant and become a citizen (obligating him to participate in citizen
responsibility, including the payment of his share of legitimate taxes).
Thus, leaving home would require a high degree of responsibility--not
a welcome prospect unless the child was properly prepared or possessed
some compelling reason to leave.
Given a high level of evil influences in a pluralistic society,
most good parents would exercise their freedom to form covenant societies
with other like minded people in order to shield their children from
many of these harmful influences.
In such a society, if there were sufficient justification for a
child wanting to leave home, for protection, he would probably have
little trouble finding refuge with other good people. On the other
hand, a rebellious child would have difficulty finding refuge within
a small covenant group of like minded, good people. If he or she chose
the non-covenant world for a first try at independence, the child
would find the world fairly harsh under the full weight of self-responsibility
and citizenship that may require a hefty examination and certification
of financial responsibility. These factors would hardly be conducive
to leaving home except under proper preparation.
Remember also that any act of rebellion against a parent's wishes
which do not constitute the limits of cruelty is a form of declaration
of one's independence. Such rebellion automatically relieves a parent
of the obligation of support. While this would be technically defensible,
I doubt if many parents would jump at the chance to stop support so
quickly. Even if they did, the child could always bring himself back
under covenant protection by complying with the wishes of the parent,
as long as such erratic behavior did not become a tool of manipulation.
This definition diminishes the danger of so-called "children's
rights." Equating rebellion with independence is important because
it protects a parent against a tyrannical child who would otherwise
go to state authorities to force his parents to provide his wants
while he refuses to help around the house.
But more importantly, it is better for parents to realize that THEY
are responsible to ensure that they protect their developing children
from influences that they deem harmful. Religious parents who allow
their children to be constantly exposed to mindless television and
the pervasive undisciplined bad behavior of public school children,
or who live in an unsavory neighborhood, can hardly complain when
their children develop problems. When parents rely upon the secular
state to force their children to stay at home, the parents have either
failed to properly attend to the upbringing of the child, or the parent's
life is alien to the child (sometimes rightfully) or the child is
simply innately rebellious.
Even in the latter case of full rebellion, the child will more quickly
learn the folly of his ways by becoming subject to life's consequences
than by continual pampering at home. Certainly, constant parental
permissiveness of slothful conduct and acceptance of rebellion is
not a proper solution. Removing a tough teen from you home may be
tough to handle emotionally, but sometimes it is the only way that
some children will learn. As in almost all areas of life, parents
or individuals become better in their tasks when government does not
attempt to secure them from their own errors. Government's only task
is to prevent wrongful compulsion by others.
Lastly, one of the unique aspects of these principles is the final
element which safeguards the family from intrusion by government.
When there is a gray area concerning whether a certain family action
is "life threatening" or "grossly negligent" and
the state rules to take the children from the parents, the children
can refuse to go with the state. More than any other safeguard,
this effectively deters a state from declaring a family's religious
beliefs as "gross mental cruelty" or spanking as "physical
cruelty".
While I am aware of some cases of children who, even after child
abuse, have desired to return to the parents, who are we to say that
the child does not legitimately view life in an unknown foster home
as a worse alternative than home? Often only one parent's care is
enough to keep the child desiring to return home. In such cases, where
a child prefers to stay at home, the government would have just cause
to continue surveillance or even prosecute the parents. In view of
the total picture, both for and against, I am convinced, that no normal
child is such a glutton for punishment that they would not desire
to leave after it becomes apparent that the parents are constant abusers.
If the child is clearly and certifiable mentally deranged due to the
abuse, the parents or parent responsible should go to jail and the
child should be given over to proper private foster care. However,
the simple act of desire to remain at home should never be allow as
the sole determination of mental incompetency in the child. However
the final determination should be by a jury of parents rather
than by government officials or psychologists.
This whole question would not be such a problem to adjudicate if
there were not such an entrenched hostility in social working circles
toward spanking and physical punishment in general. Many view any
type of physical punishment as "cruel and unusual" and are
constantly attempting to convince legislatures and courts to outlaw
firm physical discipline. Since it is nearly impossible to distinguish
in law between a justified spanking and what social workers persist
in calling "child abuse", I prefer to defer, short of "imminent
threat to life" to family sovereignty. I think the damage has
to be fairly rough to qualify as abuse--enough to cause bleeding,
deep bruising, intentional burns or broken bones and the like, to
be viewed as imminently threatening. I say this not because I am a
callous person, but because we must remember that there are numerous
circumstances in which children do wild things themselves which result
in these injuries, and if the standard is set too low, the parents
become suspects of abuse, every time a child goes to the hospital
for an accident. There are also cases in which the parent is giving
a well-deserved spanking and the rebellious child, in fighting back,
may hit his head on something, or pull away and be injured without
the intent of the parent. We don't want reasonable parents going to
jail on an accident of mixed causes like this. Rabid anti-spankers
will claim that the parent shouldn't have been struggling with or
trying to spank the child in the first place. But when a parent is
faced with really abusive children who prey upon their young siblings
or in other ways severely threaten the order of the home, very strong
action is required. Of course, I am of the opinion that if a parent
has let things get this far, he or she has been way too permissive
for too long anyway. But, parents must be free to take the full range
of measures, short of physical harm, necessary to bring a tough teen
into compliance.
Remember, the potential for long term damage to children is small
given the principle which allows a child to voluntarily leave at any
time.
There are obviously some gray areas in this discussion, which will
of necessity have to be left up to human judgment. What I have attempted
to do here is to secure a firm base upon which parents can control,
to the largest extent, their family affairs. It is said that tough
cases make bad law. We all have qualms about any injustice being done
to children, but let us be wise, and also realize the magnitude of
injustice that is possible if we allow the state to exercise the type
of social control over the family as occurs in other socialist societies.
Some mistakes and suffering do occur in freedom, but they are always
the exception when compared to the all-powerful state.
PRINCIPLE #3:
FUNDAMENTAL RIGHTS ARE SUPERIOR TO ALL EARTHLY LAW AND SHOULD
BE SECURED BY A CITIZENSHIP COVENANT DOCUMENT THAT IS ACCEPTED BY
UNANIMOUS CONSENT AND NEVER MADE SUBJECT TO MAJORITY RULE
THE SUPERIORITY OF FUNDAMENTAL RIGHTS OVER EARTHLY LAW:
By the fundamental character and essential nature of freedom, the
inviolable, fundamental rights of man shall never be made subject
to political confirmation. They exist regardless of the nature and
institution of governments on earth, and cannot therefore be denied,
rightfully, even by a majority of persons using democratic powers.
While they may be listed for reference and voluntary approval in a
constitution, they are not, by nature, subject to the ratification
or amendment process.
PRINCIPLE #4:
GOVERNMENT SHOULD ONLY BE FORMED BY INITIAL UNANIMOUS CONSENT
OF THOSE TO BE GOVERNED BY SUCH, FOR THE SOLE PURPOSE OF PROVIDING
MUTUAL DEFENSE FOR THE FUNDAMENTAL RIGHTS OF ALL CITIZENS.
THE COMMON CONSENT DOCTRINE AND SUCCESSION
Within the society of citizens, laws enacted by majority rule are
limited to those issues which directly and harmfully affect members
of the majority, thus maintaining the free will of individuals and
other minorities from democratic tyranny. Laws passed outside these
and other constitutional bounds are null and void, and without effect.
In the act of forming a government, men do not cede their right
to withdraw from the pact unless specifically stated in the citizen
contract (which I would not recommend). Wisdom would dictate that
freemen must never relinquish the right to revolution, which is: that
men are free to reject any governmental association, at any time,
if not afforded these essential fundamental rights, or in the absence
of initial voluntary consent. This last phrase acknowledges the right
of those who live under a non-contractual government to leave such
government since majority rule-making was imposed upon them. I know
of no true contractual government established by true common consent
in existence today.
The foregoing doctrine points out two historical deficiencies in
our constitutional Republic: First, the absence of full common consent
in the beginning of the Republic, and second, the absence of a written
citizen contract which each new citizen would be required to sign
in order to be on an equal and unanimous footing with existing citizens.
The original founders of the American constitution were doctrinally
committed to the concept of initial unanimous consent--what they called
"common consent." The doctrine of the citizen compact goes
back to Anglo-Saxon days, and was manifested at varying times, including
the time when the original Pilgrims formed their Mayflower Compact.
In essence, common consent meant that no man could be compelled to
submit to the rule of the majority unless he voluntarily consented.
Refusing to consent meant that he was still a "freeman"
acting alone and free insofar as he did not tread on others' rights.
Under this common consent doctrine, the founders of the Constitution
in 1787 knew that it would be improper to force any of the colonies
to submit to the Constitution, even if a majority had ratified it.
But unanimous consent did NOT mean that no state could implement the
Constitution unless all agreed, it simply meant that it was only
binding upon those that ratified it. In fact, the majority of
colonies began to act under the Constitution's provisions before all
had ratified it. The non-ratifying colonies were simply treated as
separate sovereign nations. Eventually, the other Colonies saw that
the advantages of joining outweighed the dangers they perceived in
the document, and they joined in the union.
Unfortunately, while the founders correctly refrained from compelling
other states to join the union, the states themselves failed to obtain
the unanimous consent of their citizens. Once again, this doctrine
did not require that they delayed acceptance of the Constitution until
every citizen was in agreement, but it did require that those who
did not agree were not bound by its provisions until they gave their
consent. In essence the states voted by majority rule to force a minority
to accept the majority's jurisdiction over certain aspects of their
fundamental rights.
The danger of this is not so apparent until one envisions what kinds
of laws the majority can implant upon a non-consenting minority. Suppose
that the majority at that time were non land-owning peasants, and
had voted to install a state and national constitution giving them
the power to confiscate all lands over 500 acres "for the public
good." The fact that all large land-owners would refuse to consent
points out the virtue in requiring initial common consent from all.
If a state wants to attract the best people, the constitution must
guarantee justice and fairness to the highest degree. The more arbitrary
and capricious a constitution is, the less potential for universal
support.
In reality there were certain aspects of the new Constitution that
were dangerous, such as the lack of protection of the full range of
fundamental rights, and the "necessary and proper" clause
under which the Supreme Courts would allow massive intrusions of Congressional
authority upon individual and state's rights. The Constitution possessed
the seeds of monetary debasement in giving Congress the power to "regulate
the value" of currency, and clearly avoided any language which
would declare slavery a violation of human rights.
All of these objections were real and proper. Many people believe
that majoritarian ratification was justified because of the rapid
attainment of unity that it brought, but it was this very question
of whether majority power could impose its will upon non-consenting
states that brought us to the brink of destruction in the Civil War.
As to the ultimate principles of government, the Confederacy was correct
on one basic fundamental right: secession from the Union. They were
wrong on one of the objects of that right--the defense of slavery.
Secession was an important doctrine for maintaining the essence
of common consent. If we begin from the proposition that fundamental
freedoms cannot be taken away by majority rule--they can only be ceded
by individual voluntary consent, then we derive the fundamental premise
that a majority cannot implant any system of government upon other
freemen without their initial consent. This then implies that those
who consent to majority will still possess the right to leave the
group at any time, if the compact is broken and if the majority begins
to encroach upon freedoms specifically not ceded or limited in the
original agreement.
If the Supreme Court declares certain acts constitutional which
a state believes is a violation of the original compact, it can simply
disregard it under the doctrine that unconstitutional infringements
on state or individual sovereignty (involving fundamental or contract
rights) are null and void, and unenforceable. If the highest court
rules the law constitutional and government decides to enforce the
law with police powers, the state has to choose between compliance
or secession, involving the loss of certain benefits as members of
the union--primarily a matter of facilitated trade and joint protection
powers. On all non-criminal matters, severance of relations with a
state would be the only consequence of law--no jail terms for state
officers would be proper or permissible.
Secession does not have to mean war, only that each body's ultimate
sovereignty be respected. The northern states clearly violated the
sovereignty of the southern states in forcing them back into the union.
Such use of force clearly sets a precedent that no matter how tyrannical
the Federal government becomes, no state or individual can leave.
The peaceful right to secession should be stated in the constitution,
and it should protect the fundamental rights of citizens both ways.
In other words, no state could secede by majority rule, unless it
continued to allow individuals who wished to remain part of the union
to do so, without territorial integrity. This is a great difficulty,
but not insurmountable.
No matter how pragmatic we all view the historical benefits of the
union, the precedent of forced repatriation is no less onerous than
the use of power in the Soviet Union to keep its conquered peoples
within its dominance.
GOVERNMENT BY INITIAL COMMON CONSENT, IN DEFENSE OF FUNDAMENTAL
RIGHTS:
As an extension of individual liberty, all men have the right to
form a governmental association with others in the pursuit of a more
effective defense of their fundamental rights. Furthermore, they may
establish independence from all other governments in the pursuit of
these fundamental rights.
This can only be rightfully accomplished through a covenant association,
where ALL the governed consent to abide by the rule of law as enacted
by elected leaders and officials, under pre-determined constitutional
limitations on majority rule.
Within the covenant framework (which would include a Bill of Fundamental
Rights, a Constitution, and a citizen signatory contract outlining
duties and penalties for failure to comply), there are certain limited
areas of authority delegated to the government for future determination.
A citizen joining the national compact, or any special sub-unit thereof,
agrees to abide by the laws enacted by elected representatives, and
interpreted by the appropriate courts, insofar as such laws do not
violate the initial compact defending fundamental rights.
Since it is improper to force someone to join a governmental association
against his will, the enactment of laws and the enforcement thereof,
by a government of majority rule, can only have effect upon those
specifically consenting to such majority rule.
How would one possibly form a government under unanimous conditions?
Unanimous does not mean "all at once." It means that whoever
joins in the movement signs on voluntarily with full understanding
and not through coercion by the majority. That is how the US Constitution
began--only those states that agreed where part of it to begin with.
Others joined later as they realized they would be greatly disadvantaged
by not be a part of the whole. What I am saying is that individuals
themselves must sign on--not just state governments--because states
are controlled by majorities, and the minorities would not have been
represented at all since the very inception of government.
But unlike former times, when there was a lot of unclaimed land
on the earth, it is now impossible to start a new form of government
without dealing with an existing government--and there are virtually
no existing governments that are going to let anyone be free from
their power to start a new one without the force of arms.
So, there are only two possibilities short of revolution. First,
men who want real liberty must wait for the occasional window of opportunity
when the horrors of war or some other form of destruction destroys
or brings an existing government to a crisis, and then try to control
the majority influence in forming the new one. Or second, they
must work, while under the umbrella of an existing government to gather
enough people willing to sign on to a covenant government (while having
no actual power) till they become a significant enough force to gain
permission to start an enclave of freedom within the nation.
The first is essentially what happened in America--the loose federation
of states was floundering in financial crisis right after a war of
independence, that forced the need for a convention to remedy the
government structural problems. But I think this highly unlikely today
for two reasons.
1. The American revolution was unique in history, being a revolution
of the higher, educated class of people. A much larger percentage
of the educated, landed class that has ever existed before or since
were well schooled in the English traditions of law and liberty. Very
few of the leaders we have in power today have that same allegiance
to liberty. A Constitutional convention today would be controlled
by those who believe in raw democracy and many forms of socialism.
2. The colonists were coming from a weak, confederated form of government,
which by its very nature, considered each state sovereign and independent
from the others. So it was much more tolerant of the idea of each
being a covenant society. Today we have an ever more powerful centralized
government that has already demonstrated in the Civil War their intolerance
for sovereign enclaves.
The second possibility is the only choice short of revolution. Convincing
a majority to join in regaining freedom would seem at first glance
an easy task, but it is not for this reason: the majority of people
in every nation are on the other side--they either want and receive
government benefits or they have become convinced that there is no
harm in this. The historical tendency of human nature demonstrates
that those who are corrupted by benefits will never give them up voluntarily
unless they become enlightened by higher religious values--and they
never come to those without war, death and destruction, and often
not even then! Those that ignorantly sympathize with socialist benefits
are almost as hard to change because the victims and dangers of socialist
wealth transfer programs are hidden. In addition, almost all citizens
of all nations are cut off from critical information by government
controlled education and socialist control of the information media.
I realize this is discouraging.
With all that said, I believe the only course of action is to set
upon a course of establishing on paper a specific ideal form of government,
and then set about the converting people to it, and refining the system,
ideologically as we progress and interact with the best and brightest
of those who desperately want a return to liberty. If we are successful
in converting a significant body of citizens who can wield enough
electoral power (would have to be at least 25% of the nation and more
preferably a full 33%, as well as an absolute majority in at least
one state) then there would exist either a possibility of pressuring
a larger party to enter into a coalition for governance that would
allow for a freedom enclave within the existing structure. Or, if
a crisis of government arose, the liberty movement would be sufficient
poised to negotiate an enclave status from a new form of government.
Now, I realize this is a very difficult task given the level of benefit
corruption today. This group and their sympathizers constitute a large
majority, which is growing yearly. On the other end of the spectrum,
the increased tension within the American nations is increasing the
liberty side of the spectrum as well. But it is very undereducated
due to the dominance of public education. A larger and larger portion
of the youth are lost to socialism each year due to bad education.
Those who consciously view themselves as conservatives of liberty
are probably less than 10% of the nation and are heavily factionalized.
So, there is much work to be done.
This enclave must involve a specific territory at least as large
as one entire state (the state where that covenant body could control
the majority in the legislative body), and where complete tax exemption
from all levels of social and welfare taxes is granted to those who
join the enclave. State citizens who are not part of the covenant
would still pay welfare taxes and would continue to receive welfare
benefits. There would, however be a tremendous incentive for every
small business owner to join the enclave, since they would be free
from all the onerous employee regulations and taxes that weigh so
heavily upon entrepreneurs.
The essential ingredient to providing for the viability of a truly
free, competitive society is not only receiving some minimal agreement
on the right to a establish self-sufficient, self-directing governing
enclave within the national federation, but also the right to expand
it by voluntary consent of those adjoining the area. As the results
of dynamic liberty become demonstrable and new people are converted
and move into the enclave, the socialist model will begin to lose
what productive class it has, and will have less and less wealth to
confiscate and transfer to others. Hopefully the liberty enclave can
then convince the suffering masses in the majoritarian, democratic-socialist
sector to vote away their benefits and expand the covenant of liberty
to themselves. Now, I am not naive enough the think this could happen
without a severe crisis. Neither am I unaware that this large, corrupt
majority would try every legislative maneuver to attach the wealth
of the enclave to further service their benefits.
The proper way to expand liberty in an enclave system is by individual
conversion one by one. You have to sell each person on the benefits
of mutual defense of fundamental rights. Only those who join and become
citizens would have the full range of protection of rights, and exemption
from the burgeoning federal tax load. Here are some specific ways
in which a citizen covenant would work:
PRINCIPLE #5:
CITIZENSHIP SHOULD BE BY COVENANT AND QUALIFICATION RATHER THAN
BY BIRTH, WHEREBY THE FUNDAMENTAL RIGHTS OF CITIZENS, AND THE DUTIES
AND RESPONSIBILITIES OF BOTH PARTIES (GOVERNMENT AND CITIZEN) ARE
CLEARLY SPECIFIED.
THE CITIZEN CONTRACT: One of the ultimate safeguards of individual
freedom is the use of a signature document for becoming a citizen
of a constitutional republic. Since every relinquishment of one's
fundamental rights, even though partial, necessitates a voluntary
contract, it is indispensable that this process be formalized in a
signature document.
Under this doctrine, no person, not even children of citizens, are
recognized as citizens unless they have met the requirements of citizenship,
are financially responsible to the contractual support obligations
of government and commit to such in writing. This does not mean, however,
that only citizens can live in the nation and enjoy the benefits of
freedom. What it does require is that each non-citizen be contractually
attached to a citizen. Thus, children have rights under the citizenship
of their parents because of the obligation of parents to care for
such, within the previously stated conditions. Leaving the home, therefore,
is a major step--one which requires real preparation and serious consideration.
Few would do so for flimsy reasons, therefore enhancing a teenager's
sense of responsibility to prepare himself for citizenship, and to
act as a responsible family member prior to stepping out on his own.
In like manner, any citizen is free to hire any person in the world,
of whatever nationality (as part of his right to contract and dispose
of assets) as long as he assumes full responsibility for the
person under his contractual care. This system solves most problems
involving unwanted illegal aliens. The liabilities of citizenship
coupled with a citizen's desire to protect his status as a citizen
would serve as an incentive to bring only competent, good people into
this nation. There would be no welfare problems, as each person would
be linked to a citizen for responsibility. Any person without such
a link would be punished and deported. Punishment for illegal entry
is important as a deterrent. Deportation alone is like getting a free
and regular tour of the various border crossing areas--at taxpayer
expense. There would be little excuse for good persons of foreign
nationalities to attempt illegal entry given the ease of meeting the
legal requirements through employment with a citizen.
People working under the protection of a citizen would not have
a free ride. The citizen would have to pass on in lower wages the
costs that he would incur to accept responsibility and head taxes
for non-citizens, which would only be fair. This would provide an
excellent inducement for persons of solid character and industry to
apply themselves toward gaining the privileges and responsibilities
of citizenship.
The concept of a citizen contract would solve many other current
problems as well. For example, a military draft is improper involuntary
servitude, except under the pre-agreement of a citizenship contract
where the limits of such service are defined beforehand. Also, strict
limits upon government power, and taxation should be pre-agreed upon
thereby eliminating coercive government policies as presently instituted.
Citizenship might even be contingent upon exercising one's right to
vote. It might also require an extensive examination in order to ensure
that all applicants understand the principles of law and government
that preserve liberty. I would strongly suggest the requirement that
a person agree not to assist foreign governments that take others'
property involuntarily (socialism). A uniform knowledge of the national
language may also be appropriate.
The inducement to become a citizen would be obvious to those working
hard enough to exercise their right of ownership. No one should be
able to own property that required title protection (land, buildings,
or other expensive, serialized assets) unless they became a contracting
citizen agreeing to support the government set up to defend those
rights.
PRINCIPLE #6:
EQUAL JUSTICE (not results) SHALL BE GUARANTEED FOR ALL CITIZENS
UNDER CONSTITUTIONAL LAW THAT STRICTLY LIMITS THE SCOPE OF ALL LAWMAKING
POWER TO THE DEFENSE OF FUNDAMENTAL RIGHTS.
JUSTICE FOR ALL UNDER CONSTITUTIONAL LAW:
The purpose of law is to define, codify and specify penalties
for harmful behavior, and to do so in a uniform manner for all
persons so that arbitrary and prejudicial behavior is removed
from governing processes.. The purpose of a constitution is
to set up the structure of government institutions and define and
limit lawmaking and law enforcement power. There are good constitutions
and bad constitutions. The best type is the one which sets up a structure
that allows for speedy trials, judgments and penalties for legal infractions
to be determined at the local level, and at the same time centralizes
the powers of the federated local governments in national legislative,
executive and judicial institutions. These institutions provide a
basic and uniform body of law applicable to all citizens, a system
of federal and appellate courts, a Constitutional Supreme court for
ruling on the validity of laws, and an executive branch for enforcement
of these laws. In addition, the national government has uniform powers
of dealing with foreign policy matters. In this manner, there is a
uniform body of basic law which all citizens everywhere can depend
upon to defend fundamental rights uniformly, and, in addition, a fast
reacting national defense force is provided so that the nation does
not fall victim to an aggressor while internal debate is on going.
PRINCIPLES of Constitutional law:
all government functions involved in legislating, administering,
interpreting and defending laws which require uniform application
and interpretation to all citizens, should be handled at the national
level.
Determination of applicability of law to specific circumstances,
trial procedures, and enforcement of the law should occur at the lowest
level of government having jurisdiction in the matter.
Legislative, Executive, and Judicial powers of the National government
should reside in separate institutions with appropriate cross-checks
between these institutions to prevent any institution from infringing
upon the fundamental rights of citizens.
The fundamental rights of man are only the basic elements of freedom.
The implementation of freedom, where interaction with others is involved,
requires a mutual compact or agreement on the rules of government.
Unfortunately, in the exercise of their fundamental rights, men may
ignorantly form a constitution where they give away all of their rights
to government authorities under the enticement of the supposed benefits
of state security and control. Thus, the illumination of fundamental
rights in no way ensures the outcome of a great constitution. For
this reason, principle #6 is a statement of the proper GUIDELINES
for a constitution which guarantees justice for all and the preservation
of fundamental rights. The following principles of justice are essential
for a government charged with the defense of liberty:
UNIFORMITY AND PREEMINENCE OF BASIC CONSTITUTIONAL LAW EXCEPT
WHERE MEN UNANIMOUSLY AGREE TO ABIDE BY MORE RESTRICTIVE COVENANTS:
All men are entitled to the uniform application of constitutionally
limited law, where similar circumstances exist pertaining to such
law, and where men have not voluntarily agreed to abide by more stringent
covenants.
Simply put, this means that the Federal government shall defend
basic fundamental rights everywhere within the nation, but that such
defense constitutes a minimum and maximum standard for majoritarian
government, but not a maximum rule of law for covenant enclaves
within the federal system. Present "public policy" rules
which prohibit men from making private contracts constitute a violation
of federal lawmaking powers and would not be legal under this doctrine
of law.
Such application of the law shall be exercised without regard to
class distinctions except where such the law is specifically addresses
the special circumstances of a particular class. This means that matters
of race, creed, and sex, for example, could be taken into consideration
in the adjudication of law, but only if such class distinctions were
directly relevant to the circumstances of the case, and specifically
limited in application. Class distinctions, though a private fundamental
right, are prohibited in all criminal cases where the nature of the
crime is no matter who commits it. Class distinctions could not be
used arbitrarily to declare a person guilty because he is a member
of that group classification. Neither can class distinctions be used
to exempt a group from a crime (such as youth offenders) when the
crime meets the same standards of violence and vicious intent. In
contrast gender differences could cause types of sexual offenses to
be treated differently.
PRESUMPTION OF INNOCENCE
All men should be deemed innocent until proven guilty by the verification
of evidence and testimony.
This is the basic law of liberty and should be applied to both criminal
and civil cases. However, this doctrine should not be used as a means
to justify release of dangerous prisoners pending trial. It simply
means that there must be presented sufficient and credible evidence
of a crime to at least justify the internment. Habeas Corpus (a legal
demand by representatives of the accused to bring forth the accused
before a tribunal for review of the charges) is an essential right
necessary to preclude indefinite and arbitrary imprisonment without
charges being filed or brought to trial.
A police officer's sworn testimony of his personal knowledge of
a violent crime or the sworn testimony of an eye witnesses should
be sufficient preliminary evidence to establish internment. In order
to avoid abuse, this concept has to be coupled with another principle
making government officials personally responsible for false statements.
CRIMINAL PROSECUTION SHOULD ONLY BE INITIATED WITH THE CONSENT
OF A CITIZEN GRAND JURY:
By placing a jury of the people at the beginning of criminal proceedings
and at the end, for the final determination of guilt, we allow the
citizens themselves to determine the appropriateness of both the law
and the facts surrounding the case. If either are deemed to be improperly
applied or unjust, no prosecution will commence. This procedure keeps
a tyrannical official from doing damage to others for unjust reasons,
which may involve the excessively strict application of the law in
unwarranted circumstances. In order to be effective, grand juries
should be completely independent and not subject to intimidation by
persecution or judges. Jurors should have the power to make charges
against judges or prosecutors who purposefully withhold evidence or
manipulate the jury by legal threats.
DETERMINATION OF GUILT BY DUE PROCESS OF CONSTITUTIONAL LAW WITH
THE BURDEN OF PROOF UPON THE ACCUSER
Due process means that the process of guilt determination should
be uniform for all circumstances and codified in a manner not subject
to arbitrary or retroactive changes. In this manner, the government
cannot pass a law to prosecute people for something which is presently
legal. The new law can only have affect on actions that take place
after enactment.
The burden of proof must always be on the accuser. This doctrine
would also apply to civil cases and would invalidate large portions
of the tax code where the IRS is given arbitrary and unconstitutional
powers to simply declare a person's presumed income, assess the tax
and a penalty, and then make the accused prove that the IRS is wrong.
IN ANY COURT PROCEEDINGS, JUDGES SHALL BEAR THE ULTIMATE LIABILITY
TO ENSURE THAT THE FUNDAMENTAL RIGHTS OF ALL PARTIES TO CRIMINAL AND
CIVIL PROSECUTIONS ARE PROTECTED.
This doctrine avoids the expensive and unjust procedure where the
taxpayer is forced to pay for an attorney for the accused. This is
not to say that lawyers would not or could not be used--only that
the highest and most competent officer of the court would be charged
with the protection of each party's rights, regardless of the financial
condition of either party, rich or poor. Judges would be liable for
showing any bias or allowing any arbitrary or one-sided procedure
in court which unduly placed one party at an unjust disadvantage.
Judges are and always have been required to be impartial. Under
this system, with both sides watching carefully for any favoritism,
there would exist maximum incentives to remain fair. Judges have also
been selected (presumably) because of their superior knowledge and
long experience with the law. There is no valid reason why they ought
not to exercise that impartiality and experience in ensuring the rights
of both parties regardless of the presence of an attorney. This would
tend to decrease the growing number of suits brought by defendants,
claiming they were represented by an incompetent lawyer. While the
possibility exists of incompetent judges, being far fewer in number
than lawyers, they would be more noticeable and more quickly eliminated
by this procedure.
THE ACCUSED IN ANY JUDICIAL PROCEEDINGS SHOULD NOT BE REQUIRED
TO GIVE TESTIMONY AGAINST HIMSELF, NOR BE DENIED LEGAL COUNSEL AT
HIS OWN EXPENSE.
The right against self-incrimination should be held inviolate throughout
the full range of judicial proceedings, especially where life or property
may be in jeopardy. The right to legal counsel at one's own expense
is also essential even though, in this system, the judge is ultimately
liable for the protection of both party's rights.
THE ACCUSED MAY DEMAND EITHER A TRIAL BY A JURY OF HIS PEERS,
OR A TRIAL BY A JUDGE. JURIES AND JUDGES SHALL HAVE THE POWER TO JUDGE
THE VALIDITY OF THE LAW AS WELL AS MATTERS OF FACT.
It is absolutely essential that judges and juries be able to judge
the validity of the law--both as to its constitutionality and its
applicability to the case at hand. While juries have traditionally
been viewed as the ultimate safeguard against government abuse, I
believe there is sufficient potential of public prejudice and ignorance
that a person ought to be able to avoid a jury trial if he feels he
may not gain a fair trial. The possibility of a criminal using this
procedure to "shop" for a sympathetic judge is reduced by
the liability the judge would carry to be impartial. The prosecuting
attorney would challenge any attempt by the judge to distort the law
in favor of the criminal. While a judge may declare a law void or
inapplicable in a particular case, his justification must be on a
solid ground of principles in order to avoid prosecution for breaking
his oath of Constitutional allegiance and impartiality. Jury nullification
would only apply to the case at hand, and to no others.
PUNISHMENT AND RETRIBUTION IN PROPORTION TO THE SERIOUSNESS OF THE
CRIME
All laws governing the protection of the fundamental and contractual
rights of the citizens should have a punishment affixed that is proportional
to the seriousness of the act, taking into consideration the actual
harm done and the restitution, if any, afforded to the victim.
The basic principles of effective punishment dictates that punishments
should be sufficiently harsh and final so as to deter nearly all crime.
A deterrent only stops criminal activity effectively when it is viewed
as sufficiently unpleasant that potential criminals avoid even the
approach to a crime. Thus criminals would cease to test the legal
limits of permissive action and stay well clear of any offense.
The death penalty should be employed for serious and malicious crimes
where permanent damage occurs that cannot be remedied by restitution.
In my opinion, it should also be employed for all types of violent
crimes after the third offense. There is no principle of justice that
demands that taxpaying members of society have an obligation to support
the lives of chronic criminals in prisons--especially with the luxuries
now demanded by the courts.
If the death penalty does anything, it is the ultimate deterrent
to a criminal's own future propensity to commit a crime. The one who
dies will never kill again.
The multiple offending criminal likewise has demonstrated his unwillingness
to respect the rights of others and should die or be exiled from the
country if another country will voluntarily accept him. Those that
violently deny to others their rights, including life, liberty and
property can no longer claim those same rights. He or she is only
left with the right to a fair and speedy trial. Even ownership rights
should be taken away, to the extent necessary to pay any victims.
A proper constitutional government has the right to take life as an
extension of the fundamental right of self-defense, in accordance
with the seriousness of the crime.
It is, however, a matter of legitimate disagreement among principled
people as to what punishments should apply to various crimes. My opinions
are a derivation of the principle of proper deterrence.
While the death penalty is more properly justified when there is
clear evidence that a person is STILL a threat to other's rights,
it is less so once the crime is over and the criminal shows no more
disposition to evil. At this point we must recur to the doctrine of
restitution and retribution, by prior agreement through the citizen
covenant.
The doctrine of retribution states that each crime must have a punishment
affixed, solely in response to the evils of the act--regardless of
repentance of the criminal (obviously after the fact). Otherwise,
a person would easily decide upon a crime, knowing that he could escape
punishment by feigning sorrow for the act. Retributive punishment
must be carried out so that every violation of rights has a just consequence--even
if restitution is made. For some, crime would be very tempting if
the only possible consequence was to simply repay--if caught.
Causing a criminal to repay 3 or 4 times the value is a form of
punitive retribution, as well as restitution. While punitive punishment
does not undue the act any more than sorrow, it does serve as a better
deterrent than simple restitution.
However, as indicated earlier, punitive punishments should be limited
to criminal cases. I am against all use of punitive punishments in
civil tort cases unless malicious intent can be proven. The awarding
of large punitive judgments in cases of injury to people for defects
in products that not done with bad intent is ludicrous and puts a
chilling effect on all new product development. I would, in general,
be opposed to all damage claims to accidents where no direct fault
of another is capable of being determined.
PRIOR RESTRAINT ONLY UPON IMMINENT THREAT TO LIFE OR LIBERTY
Laws regulating or restricting individual action prior to any harm
occurring should be allowed only in exceptional conditions where the
threat to the life or liberty of someone other than the actor is imminent
and extremely dangerous. Otherwise prosecution and punishment after
the crime is preferred in order to secure liberty against progressive
intrusion by regulation.
This doctrine is intended to make void almost all regulations of
conduct prior to an offense, except those that meet the "imminently
and extremely dangerous to others" test. As previously stated,
vigorous prosecution of the offense after the fact, coupled with high
penalties, can have a high deterrent effect that can accomplish the
original aims of regulation--but without dangerous government powers.
THE INTENT OF THE LAWMAKER SHOULD ALWAYS BE ACCORDED PRIMACY
IN THE INTERPRETATION OF LAW
Documented statements of intent produced by the lawmakers should
be considered concurrently in the consent process for law, as well
as in subsequent interpretations by judicial authority.
ALL LAWS ENACTED IN VIOLATION OF CONSTITUTIONAL RESTRAINTS OR
IN VIOLATION OF THE FUNDAMENTAL RIGHTS OF MEN ARE NULL AND VOID, AND
UNENFORCEABLE.
The burden of proof is upon government to establish the validity
of law in any challenge to its constitutionality. No enforcement can
proceed prior to a ruling on its constitutionality. This does not
preclude additional challenges by individual, who may disagree with
the court's opinion.
As previously covered, this is a restatement of the doctrine of
nullification--the power to disregard unjust laws. The presence of
such a doctrine is to maintain an atmosphere of respect only for JUST
law--not all law, which can often be tyrannical.
PRINCIPLE #7:
GOVERNMENT SHOULD BE FINANCED BY USER FEES FOR ALL DIRECT SERVICES
TO INDIVIDUALS AND GENERAL TAXES FOR UNIVERSAL SERVICES (DEFENSE,
JUSTICE, ADMINISTRATION, AND LEGISLATION); THE LATTER SHOULD BE UNIFORM
AND EQUAL FOR ALL CITIZENS.
PRINCIPLE #8:
MILITARY AND POLICE POWER OF GOVERNMENT SHOULD ONLY BE USED
WHERE THERE EXISTS A DIRECT THREAT TO THE FUNDAMENTAL RIGHTS OF ITS
CITIZENS, AND TO ENFORCE LAWS WHICH ARE CONSTITUTIONAL AND BASED UPON
THOSE RIGHTS. ANY ASSISTANCE FOR LIBERTY GIVEN TO FOREIGN NATIONS
WHERE A SIGNIFICANT THREAT TO THIS NATION CANNOT BE DEMONSTRATED SHOULD
BE ENCOURAGED BY GOVERNMENT BUT CARRIED OUT BY VOLUNTARY MEASURES.
A PROPER FOREIGN POLICY:
The implicit assumption behind all government endeavors, in accordance
with these principles, is that they must be based upon the defense
of the fundamental rights of the citizens. This also applies to foreign
affairs.
Citizens are free to trade and negotiate with any foreign person,
except where such trade would aid an enemy of these rights.
In the case of a nation which had a socialist regime, (which by
disposition violates the ownership rights of its citizens), it is
doubtful if such a regime would constitute any direct threat to the
freedoms of American citizens--unless it was trying to internationalize
its system. If it were only a local violation of rights, our government
could not prohibit citizens from trading with that government, as
long as the citizen contract does not explicitly prohibit such trade.
The suggested citizen compact previously described may appropriately
require that all citizens agree to refrain from such trade.
Even if individuals were bound to withhold trade from socialist
governments, they could still trade with individual citizens of that
government as long as such trade would not aid the offending government.
There is no reason to penalize the very people who are being oppressed
by the socialist regime by denying them trade, which may even include
the means to resist their oppressors.
In the case of a nation which is Marxist, operating under the doctrines
of class warfare and world enslavement, any trade with such a government
would constitute a threat to security. As such, it would justify an
absolute prohibition of trade, though not necessarily to specific
citizens of that nation who need assistance in overthrowing tyranny.
Additionally, both defensive and offensive military measures against
such a government would be justified. We must never relinquish the
right to launch out against any known aggressor who has stated his
intention to "bury us" at any time and at any place, as
long as another innocent party's rights are not infringed. In this
regard, it is my philosophy that most of the populace and most of
the young people pressed into military service in a Marxist regime
are innocent, oppressed people. Our defensive measures (which includes
offensive measures) should be aimed at the leadership responsible
for the oppression as much as possible. There is no principle of good
government which justifies giving criminal political leaders any diplomatic
immunity or any other special protection from the consequences of
the evils they have perpetrated.
However, that does not mean that it is necessarily proper or wise
to fight every battle in every place in the world. Such decisions
are the proper realm of representatives at the national level. Good
men may differ about strategy, tactics, and the severity of the threat.
The original American constitutional separations of power are appropriate
here. The President is the Commander in Chief of all military forces
but only has the power to action defensively to repel an imminent
threat to the nation's actual territory. Military use for any other
reason, including declarations of war must reside in the legislative
branch of government. This system allows to enemy to attack a nation
during legislative indecisions, and yet it keeps any single individual
from sending men to war or as "peace keepers" or any other
offensive activity.
In none of these cases would the national government be justified
in doling out tax funds as foreign aid to other countries. Remember
that the basic underlying principle is that general tax revenues can
only be used for the unanimous benefit of all those providing the
taxes--not for special interests. International welfare is just as
much a violation of the property rights of taxpayers as coercive welfare
is within the nation. The decision to give assets to another person
or nation must stay strictly within the bounds of voluntary giving,
in the absence of unanimous consent. I do believe that if the cause
were just, many Americans would voluntarily give foreign aid in defense
of liberty (assuming they had a much lower level of taxation).
Long term basing of troops in foreign countries for protection would
also be improper. If a threat exists, it should be eliminated rapidly
and swiftly, and the troops should be brought home and be released
to civilian occupations.
In summary, this is not a isolationist or pacifist doctrine, but
rather, a restrictive one that requires every act of government be
justifiable as a defense of our liberties--all other government actions
must be through the exercise of leadership and voluntary measures.
- PRINCIPLE #9: CITIZENS SHOULD BE PRIVATELY ARMED
NOT ONLY FOR PERSONAL PROTECTION AGAINST CRIME, BUT TO ACT AS THE
ULTIMATE FORCE AGAINST POTENTIAL GOVERNMENT TYRANNY AND AGGRESSION
AGAINST THE FUNDAMENTAL RIGHTS DETAILED IN THE CITIZEN COVENANT.
- PRINCIPLE #10: GOVERNMENT MUST BE STRICTLY LIMITED
IN ITS POWERS, ESPECIALLY IN THE FOLLOWING THREE AREAS OF UNLIMITED
INTRUSION:
- PROVIDING ANY SPECIFIC BENEFIT TO ANY PERSON OR GROUP, FINANCED
BY ANY FORM OF TAXATION, NOT CONSTITUTING A USER FEE.
- PROTECTING PEOPLE FROM NATURAL DISASTER, SAFETY HAZARDS, RISK
TAKING OR ANY OTHER DIFFICULTY NOT CONSTITUTING A THREAT TO
FUNDAMENTAL RIGHTS.
- PROSECUTION OR MAKING ANY ACT A CRIME IN THE ABSENCE OF A
SPECIFIC COMPLAINANT OR VICTIM, EXCEPT IN CASES INVOLVING IMMINENT
THREAT TO LIFE. dedication to a renewal of liberty and justice
for all.
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