Friday, October 14, 2005

On Dan's Constitution

I think Dan has made a fine start on a constitution for a network commonwealth.

I want to make two suggestions in relation to nomenclature. I suggest that what dan is calling the board of the house be call the council of state, since that is what it is. What dan calls the floor of the house might be called the assembly.

Now some questions for dan about the floor of the house. How are delegates chosen? Is it open to anyone who wants to come? If it has no power but to talk and propose action, this would make sense. Modern technology makes this even more possible since tip jars and other grass roots forms of financing would allow large numbers of people to support a delegate to voice their point of view. Why should the board or council of state elect the speaker instead of the floor of the house or assembly?

I know this is my monarchist streak coming out (shocking in a republican but there it is), but I think we should find a role for the Queen. She is the titular head of state of many of the states involved and in my opinion is the titular head of our people. I am for a title like first citizen and moderator of the confederation. I propose that she be president of the council of state with no vote unless they be equally divided. I also propose that the moderator may at her sole discretion take the place of one of the founding members for the purpose of founding a Network Organization as long as there are a majority of members of the council of state in favor.

I think it also needs a bill of rights that a state would have to abide by to be a member. The protection of individual and civil rights is IMHO one of the core attributes of the Anglosphere.

Individual Rights

A) no one deprived of life, liberty or property with out due process.
- no one deprived of life unless convicted of murder, treason, rape or involvement in the slave trade.
- due process in criminal trials to include trial by a jury of 12 chosen by lot with unanimity for conviction.

B) No prior restraint on speech, no speech crimes except incitement to commit a crime, incitement to panic, or libel where this means saying things about others that are not true.

C) No taking of property for public use without just compensation.
- just compensation must be more than the tax assessment for the property.
- public use means use by the state for fortifications, roads or neccissary public buildings

D) The right of association and contract.

Civic-Individual Rights

A) no taxation without representation

B) The right of the people to assemble and petition the government for redress of grievances.

C) The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures not to be violated. Warrants issued only on probable cause upon oath naming the place to be searched and persons or things to be seized.

D) Treason consists only in levying war against the government, or in adhering to its enemies, giving them aid and comfort.

E) Right of revolution.

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