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Constitution of Halexandria

The Constitution of Halexandria is a work in progress.  It is the social contract among what it considers to be sovereign Individuals -- sovereign in the sense of their being the supreme monarchs and rulers of their own lives.   

The Halexandria for which the Constitution exists has as its agenda the fostering a new society, a new paradigm, one which includes in its mandate: enlightened fundamental principles, sustainable values, maximum creative potential for individuals and groups, empowered individuals who are unified by their diversity and equality, a functional organizing structure dedicated to allowing and encouraging the widest pursuit of happiness by and for all beings, and perhaps most importantly of all, a place where joy and laughter permeate everything.  

Creating the Constitution of Halexandria is based on the premise that:  

“The best way to predict the future is to create it.”   

The creation begins with the paradigm of a society called Halexandria.  From there, an attempt is made to benefit from all the wrong turns and failed paths of the old civilization’s paradigm of fear, lack, injustice, and general bewilderment.  The process depends heavily on the successes and brilliant innovations of the past, keeps the present realities in mind, and seeks a future of unbridled growth, joy, and laughter.  Quite a challenge!

 Constructive comments, additions, and insightful suggestions are always welcome.  It’s always nice if you do your homework first, but that might just be ultimately confusing.  So don’t limit your ability to receive divine guidance, if that’s your preference.  

Just keep in mind that:  

Constitutions can be notoriously fickle in that laws which ensure everyone has everything they might possibly need, can invariably be used to take away everything everyone has. 

 

Constitutions based on fear and lack will inevitably produce fear and lack.

 

Constitutions celebrating love and life will assuredly result in some lively loving.

 

Constitutions which dictate a narrow point of view will ultimately be dictatorial.

 

Other Constitutional Considerations should also be considered, even the attempt by some to forge a Republic of Texas Constitution.  And for the more prophetic, there is the stageplay, Kingdoms, for a cursory glance at several definitely unenlightened attempts at setting the stage for governance.  

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Constitution of ialexandriah  

            In order to provide for a more perfect union of sovereign individuals, their children, dominions, and fellow beings, this Constitution of Halexandria is created, ordained, and established.  It is the primary intent of all those acknowledging and supporting this Constitution to provide herein the primary social contract between sovereign individuals, a social contract which will ensure the mutual welfare of all, support the diverse individual goals and pursuits of happiness, and provide for the maximum achievement by individuals, groups, societies, and civilizations.  

Definitions and Discussion

   constitution: the body of fundamental laws, principles, or established precedents according to which a nation, state, or other organization is acknowledged to be governed.

      governed:  1) influenced or determined (as in person or a course of action). 2) Being a standard or principle for; constituting a law for; serving to decide. 3) check or control.

    civilization:  An advanced stage or system of social development, implying culture, refinement, and enlightenment.

            Any civilization can be said to have four primary aspects:

                        1) The basic technologies which allow the work of maintaining the civilization to proceed -- which at a fundamental level is often exemplified by the energy resources (be they domesticated animals, human slavery, fossil fuel and/or nuclear industrial base, or advanced energy technologies),

                        2)  The art or culture of the civilization -- the creative expression of thinking creatures and groups,

                        3)  The philosophy or spiritual basis of the civilization, and

                        4) The social contract between the sovereign entities of the civilization -- including the relationships between individuals and the rules which govern them.

            All four aspects are interconnected and interdependent, but given an advanced energy source and appropriate technology, the key to the civilization’s sustainability and quality of life is the social contract (from which springs forth the art, culture, spiritual basis, and philosophy of the civilization).  The social contract is, in turn, dependent upon the constitutional structure of the civilization, the degree of liberty and freedom allowed, and the guarantees provided by the collective binding agreement of the society.  This then is the challenge which this constitutional foundation is intended to address.

            The Constitution of Halexandria exists to engender and advance the quality of life in all its manifestations wherever the influence of human beings may extend.  To achieve this purpose, the Constitution of Halexandria is striving to embrace, embody, and support these Values:

            1.  Reverence for all life and celebration of its continuously unfolding miracle.

            2.  Commitment to sustainable ecology and accessibility of basic resources.

            3.  Recognition of the inherent unity and interdependence of all people.

            4.  Commitment to sustainable justice -- a justice enforced by one’s peers.

            5.  Appreciation for human and natural diversity.

            6.  Respect for the free will of all sentient, thinking beings.

            7.  Opportunity for development and positive expression of human potential.

            8.  Respectful, effective communication and cooperative spirit in interactions.

            9.  Openness to new ideas and fresh approaches, while building on the past.  

            With full knowledge that only good means create good ends, the Constitution of Halexandria is intended to promote peace, prosperity, unlimited choices, and sustainable well-being for humanity and all other life affected by it, using whatever peaceful, voluntary and compassionate means present themselves for that purpose.

CLASSIFICATIONS OF PERSONS  

            The Constitution of Halexandria recognizes only seven distinct classifications of people and groups within the purview of Halexandria.  For these purposes, an Individual is any single, living, sentient being, human or otherwise.  

            1.  A Dominion is any Individual who is dependent upon others for meeting his or her basic needs.  All Individuals are initially assumed to be Dominions until they can demonstrate Citizenship.  Dominions cannot enter into written or verbal contracts, nor can they be held to contracts entered into on their behalf after they have demonstrated Citizenship.  

            2.  A Citizen is an Individual who (regardless of race, creed, color, place or circumstance of birth) has demonstrated to a 12-member jury of other Citizens that the Individual is capable of being self-sustaining and responsible for his or her own behavior.  All Citizens can enter into written or verbal contracts, and are required to do whatever they have knowingly, voluntarily, and intentionally agreed to do.  In all matters of law, silence does not imply consent.  

            3.  A Participant is a Citizen who (regardless of race, creed, color, place or circumstance of birth) is involved in the governing of Halexandria.  To become a Participant, an Individual must first become a Citizen, subsequently complete a minimum of five years in public service (as defined by the collective of Participants of Halexandria), be willing to allow all other Individuals, Citizens, Participants, and Aliens to enjoy equal rights appropriate to their status as Dominions, Citizens, Participants, and/or Aliens, and agree to abide by this Constitution at all times.  Granting of Participancy shall not be unreasonably withheld, nor shall there be any limits on how often an Individual can be considered for becoming a Participant.  

            4.  An Alien is any Individual outside the jurisdiction of Halexandria.  

            5.  A Partnership is any group of Citizens (with or without Participants) of two or more who band together for any agreed upon common cause, and who each have equal authority and equal equity within the Partnership.  Partnerships may exist with or without written partnership agreements, but cease to exist upon the withdrawal of one or more of the members of the Partnership, unless a prior written agreement to the contrary is made with respect to the dissolution of the Partnership.  

            6.  A Marriage is any legal grouping of two of more Citizens (with or without Participants), which includes the support and nurturance of Dominions within the Group, and which has longevity dependent only upon at least two Citizens (with or without Participants) continuing as members of the group.  

            7.  A Corporation is any other grouping of Citizens, Participants and/or Aliens who band together for any agreed upon common cause, but where each member does not have equal authority or equal equity within the Corporation.  Corporations can be taxed and otherwise restrained from excessive control of other Corporations and extracorporate Participants, Citizens, Dominions, and Aliens.  All Corporations must have written Charters describing in detail the Corporation’s reason for being, its administration, and its basis for division of equity.  Charters must be approved by the Government of Halexandria. 

________________________________________________________________________  

            Participation in the governing of Halexandria is limited to those individuals who have been willing to demonstrate a committment to Public Service by serving the general welfare for a minimum period of five years.  Such Public Service may be via military service, peace or job corp service, or any other means allowed by the government of Halexandria, and which does not provide for anything but a minimum of compensation for services rendered.  Public Service is distinct from Employment (elected, appointed, or hired) within the Government of Halexandria, and is based on minimum compensation service, as opposed to career or compensation motivated employment.  Public Service must be completed and the Individual no longer in Public Service prior to their becoming a Participant.

            Marriages between two or more individuals include marriages of the same sex, Line Marriages where Individuals may join or leave the Marriage at any time without a required dissolution of the Marriage (including Individuals joining on probation for a limited time prior to their receiving equal authority and equal equity).  Marriages may or may not include children, Dominions, or dependents within their organization, but must involve full and complete committment of an Individual’s resources to the Marriage.

            Corporations are distinct from Marriages and/or Partnerships on the basis of non-equal authority and/or non-equal equity -- specifically, a Corporation is any group or organization wherein one or more Individuals work for one or more other Individuals.  This implies that in a Corporation, one or more Individuals benefit unequally from the efforts of others, and a portion of the employed’s efforts is denied the employee.  Corporations are the only venue for employees. Corporations may thus include stockholders who do not participate in the day-to-day business of the Corporation, but who nevertheless benefit from the profits of the Corporation. 

            Individuals may act within and benefit from any combination of one Marriage, any number of Partnerships, and any number of Corporations.

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CONSTITUTIONAL GOVERNING PRINCIPLES  

            The seven governing principles of the Constitution of Halexandria are:  

1.  COMMON LAW

            A.  Any and every individual of Halexandria is allowed and encouraged to act in any manner they so choose, provided only that they do not by such actions infringe upon the equal rights of any other individual(s) of the society.

            B.  The legitimate powers of Government extend only to such acts which are injurious to others.  No law governing Participants, Citizens Dominions, and/or Aliens, which does not have a indispensable need for the protection of Participants, Citizens, Dominions, and/or Aliens shall be passed or enforced.

            C.  Common Law is the sole means and only form of law by which a Citizen, Participant, Dominion, and/or Alien shall be governed; except in the case where said Participant, Citizen, and/or Alien have knowingly, voluntarily, and intentionally agreed to be governed temporarily by additional laws, contracts, or set of rules.  Said additional laws, contracts, or set of rules cannot be permanent, or deny forever the Common Law rights of any Participant, Citizen, and/or Alien.

            D.  Other forms of law, including Equity Law, Contract Law, Admiralty Law and Civil Law may be applied to Corporations, and Individuals who knowingly, voluntarily, and intentionally agree to be temporarily so governed.  

2.  REPUBLIC FORM OF GOVERNMENT

            A.  Supreme power in the governing of Halexandria is held collectively and individually by the Participants of Halexandria.

            B.  Any Individual (regardless of race, creed, color, place or circumstance of birth) who wishes to become involved in the governing of Halexandria may do so by becoming first a Citizen, and thereafter, a Participant.

            C.  Any Individual who is not a Participant is nevertheless entitled to the rights and privileges of Participants with the exception that Citizens, Dominions, and Aliens cannot engage in the governing of Halexandria, nor be held accountable to the same standards as Participants.

            D.  Participants may collectively elect or empower representatives to actively engage in the governing of Halexandria, by four primary avenues:  1) a Law Making Council, 2) a Law Nullification Council, 3) Arbitrators, and 4) Jurors.

            E.  Any Participant who chooses to live exclusively under the Constitution of Halexandria and its laws may do so, provided that said Participant is willing to forego any possible benefits derived from more restrictive laws, regulations, and/or rules, which groups of Citizens and Participants may voluntarily, knowingly, and intentionally agree to in order to attempt to attain certain specific benefits.

      republic:  1) a nation, state, or other organization in which supreme power is held by the people.  2) a society with equality between its members.

            The choice of a republic as the form of government for Halexandria is predicated on the belief that:1) all humans are created with certain inalienable rights, 2) individuals are the best repository of personal freedoms and responsibilities, and 3) a group of such empowered, sovereign individuals constitute the greater likelihood for stability, equality, and longevity.  Fundamental to the formation of a republic is the right and responsibility of each participant in the society to, first of all, adhere to the fundamental principles of their acknowledged and agreed upon constitution, actively pursue their many varied and diverse interests, and to protect their fellow participant’s equal rights.

 3.  CIVIL VOLUNTARY ARBITRATION.

            A.  Any Citizen or groups of Citizens has the inalienable right to submit voluntarily to Restorative Justice Arbitration in all matters of dispute between parties.  Said Restorative Justice Arbitration can be in lieu of criminal charges being levied against either or both parties.

            B.  The selection of a Restorative Justice Arbitration (along with the Arbitration’s methods and/or rules of arbitration) is contingent upon all Citizens and/or parties to the case agreeing specifically to the individual or group chosen as Restorative Justice Arbitrator.  Failure of parties in a dispute to agree upon an Restorative Justice Arbitrator is grounds for a civil Trial by Jury, such that

                        1)  The presiding justice/facilitator is chosen by unaminous decision of all Arbitrators, one Arbitrator being chosen by each different party to the case, and

                        2)  The jury -- its members being selected by the parties -- has full power of procedures and rulings.

            C.  The qualifications of an Restorative Justice Arbitrator are based upon the individuals’ and/or group’s honesty, reputation, demonstrated sense of fairness and justice, and the absolute lack of any possible conflict of interest.  Nothing in this Constitution shall be construed to justify or permit the licensing, certification, qualification, warranting, granting of permits, direct or indirect approval, or any other indication of authorization by a governing body or independent group of any kind to any individual as a Restorative Justice Arbitrator.  Any Citizen or group of Citizens can act as a Restorative Justice Arbitrator.

            D.  Actions against a Restorative Justice Arbitrator by any or all parties to a dispute following the decision by the Arbitrator can be made if and only if the Arbitrator can be shown to have acted fraudulently or negligently against one or more of the disputing parties.  All such actions against a Restorative Justice Arbitrator under this provision must be by a civil Trial by Jury.

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            Restorative Justice is based on the Socratic/Platonic philosophy of shifting the focus from appearances to essences, from visible forms to invisible ideas and values.  Restorative Justice returns to The Golden Rule, doing under others as you would have others do unto you, of each of us doing what’s ours to do.  Restorative Justice rejects the paradigm of an externally controlled society, rejects the retributive model of justice, and rejects the reward-punishment model of society.  Restorative Justice is a paradigm that has been and is still practiced by many Native peoples, and emphasizes the redress of injustice by means of understanding, compassion, and mutual resolution.

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4.  TRIAL BY JURY.

            A.  Any Citizen or group of Citizens, accused of a criminal act, has the inalienable right to a Trial by Jury of their Peers.  This right is extended regardless of the severity or lack of severity of the alleged crime.  Any demand for a jury trial must be met, with failure to provide a jury trial when requested nullifying any subsequent guilty verdict or findings against a defendant(s).

            B.  Every Juror in a Trial by Jury has the inalienable right and responsibility to base his/her decision of guilt or innocence in criminal and civil matters on:

                        1)  The Juror’s determination of the innocence of the defendant or his/her guilt beyond a reasonable doubt in criminal cases, and the determination of the degree of responsibility for both the plaintiff(s) and defendant(s) in the violation of the contract between the parties in civil cases.

                        2)  The Juror’s consideration of any mitigating circumstances which the Juror in his/her sole discretion believe to be appropriate in the case under trial.

                        3)  The Juror’s determination of the validity and applicability of any and all laws alleged to have been violated or relevant to the trial at hand.

            C.  In matters of law, this Constitution guarantees as a specific provision that any law or body of laws can be nullified by the action of a duly constituted jury.  This provision is applicable to both criminal and civil law, and can be construed to establish precedence in other trials involving the said law or body of laws. Any law which in a Juror’s determination is invalid or inappropriately applied in the case at hand may be nullified and the defendant declared not guilty.  Jury Nullification of Law is limited to the case for which the jury sits, but can act as precedence and be assertively extended to other cases by the Law Nullification Council.

            D.  Juror selection must be random and based on no other criteria than the question of whether or not the candidate for jury duty has a conflict of interest or is otherwise biased against the defendant or defendants in criminal cases, or biased against any party to the action in civil cases.  Potential or sitting Jurors may not be dismissed or prevented from acting as a Juror for any other reason -- including a possible disagreement with laws and/or familiarity or lack of familiarity with any pretrial publicity.  Nor may any potential Juror be questioned as to their fitness to sti on the jury outside their willingness and ability to be fair and just in rendering their decision.  Jury selection is further based on the following:

                        1)  The initial selection of a jury pool from which Jurors will be drawn must be random and without preconceived indications of possible unfairness, and

                        2)  The ONLY reason a randomly selected Juror candidate can be denied his/her right to sit on a jury is if the Juror candidate has a clear conflict of interest in their ability to deliver a fair and just verdict.  No other considerations or investigations into the suitability of a Juror candidate is allowed.  

            The key to the Trial by Jury constitutional provision is that all determinations by a jury involve:  the validity and applicability of the law(s) which a defendent or party to a dispute is charged with violating, and secondarily, the guilt or innocence of the defendant (or the degree of responsibility of the disputing parties).  In this fashion, the jury trial provides a nullification of unjust laws by the Participants, while at the same time determining a just and fair verdict (and at the sole discretion of a jury).

            The selection of Jurors are thus predicated on ensuring that Juror candidates are not dismissed out of hand simply because they might disagree with any law being used to make a case for the prosecution.  The nullification of unjust laws by juries is the most basic protection mechanism of any constitution.  Thomas Jefferson said, “I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution.”  This applies to this constitution as well.

            It is also important to recall John Adams’ words: “It is not only his right but his duty... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.”  In effect, before a jury deliberates, each member should consider:  1) Is this a just law?, 2) If so, is the law being justly applied?, 3) Was the fundamental constitutional guarantees to the individual honored in the arrest and trial, and 4) Will the punishment fit the crime?”  As a juror, if any answer is “no” to these questions, the vote should be “not guilty.”

            For a Republic to exist within the meaning of this constitution, it is fundamentally important to remember that: “If a juror accepts as the law that which the judge states, then that juror has accepted the exercise of absolute authority of a government employee and has surrendered a power and right that once was the citizen’s safeguard of liberty.”  (1788) (2 Elliots Debates, 94, Bancroft, History of the Constitution, 267)

 5.  RESTRICTED GOVERNMENT

            A.  Any governmental structure or authority is absolutely forbidden to engage or undertake any activity, or to make any laws, regulations, or restrictions on the freedom of Participants, Citizens, Dominions, and Aliens unless specifically allowed by this Constitution.

            B.  No Law may be enacted or enforced which does not have a victim.  If a tree falls in the forest and no one suffers, no law is broken.

            C.  Any law which contradicts prior law is null and void, said prior law beginning with the establishment and acceptance by all Participants and Citizens of this Constitution of Halexandria.  Fundamental maxims of law as incorporated into this Constitution cannot be amended by statutory or other legislation.

            D.  Any law which restricts the freedom or any individual(s) or group(s) must have an overriding and essential need for its imposition, with the burden of proof of such need resting solely on the individual(s) or group(s) (governmental and/or otherwise) attempting to enforce the law.  If no such need exists, the alleged law is automatically declared null and void.

            E.  Any law intended to prevent or discourage criminal activity, but which also impairs the freedom of others, is automatically null and void.  Citizens may of their own free will choose to limit themselves by agreeing to restrictive laws, but cannot impose restrictions on any one who has not agreed to so limit themselves.

                        1)  No law shall be passed or enforced which inpairs the freedom of anyone, purely on the basis of the potential for that Individual to commit a crime.

                        2)  No individual(s) or group(s) may be held liable for negligence for failure to institute restrictive laws or rules in order to prevent or discourage criminal activities.  If individual(s) or group(s) suffer injury or death or have their property lost or stolen, they can not hold other individual(s) or group(s) liable simply because restrictive laws or rules were not in place which might have prevented or alleviated the criminal activities to which the victim’s losses derived.

                        3)  Citizens who voluntarily agree to limit their freedom by instituting restrictive laws or rules with a group of other Citzens, have the inalienable right to later disavow such limitations at any time and remove themselves from such rules or  restrictions.  However, such a disvowal will not reduce the Citizen’s liability for any alleged violations committed prior to the disvowal.  A disavowal must also follow the specific rules of the restrictive laws or rules structure with regard to disavowals.  Such specific rules of disavowing cannot be excessive, require elongated waiting periods, and entail excessive financial penalties, but may require the individual or Citizen disavowing to relocate their residence or place of work.  

            Example:  Individuals in a neighborhood may determine that in order to reduce illegal speeding along neighborhood streets, speed bumps are to be installed.  However, said speed bumps also impair the freedom of those individuals who are not speeding, nor breaking any laws.  Accordingly, speed bumps -- on public streets -- are forbidden.

            In private housing areas, on the other hand, speed bumps would be allowed.  And if a member of the housing group later changed their mind about the inclusion of speed bumps, they could not avoid the speed bumps (or charge liability on the parts of others), and might be required to relocate to an area of minimal speed bumps.

 6.  JUBILEE PROVISION

            A.  All non-constitutional and non-corporate contracts, written and verbal, have a maximum duration in which they are valid for seven years.  All corporate contracts have a maximum duration in which they are valid for twenty one years.  After seven or twenty one years -- whichever is applicable -- any contract which the parties wish to continue in one form or another, must be renegotiated.  No party to any contract is required to renegotiate, or continue the contract if they choose not to do so.  All corporate Charters must be renewed, renegotiated, and reapproved every twenty one years, but such Charters need not be renewed by any government.

            B.  Every fiftieth year is a Jubilee Year, in which all contracts, including this Constitution, and all debts are declared null and void.  The entire Jubilee Year is intended for renewal and change.

 7.  SEVENTH GENERATION ACKNOWLEDGEMENT.

            A.  Following the initial passing of a new law or modification to an existing law by the Law Making Council (LMC), and before the implementation of said law(s), an assessment shall be made by the Law Nullification Council (LNC) -- the LNC existing for the sole purpose of assessments of new and existing law.  The LNC must then provide as part of the written law, a written description of the impact on the law on the Seventh Future Generation of the individuals and groups upon whom the burden of the law will effect, said description becoming a part of the law.

            B.  If in the opinion of a majority of the LNC a new law or modification to an existing law will severely and negatively influence the Seventh Generation, or if for any other reason the new law or modification to an existing law is deemed inadvisable, inappropriate, or unnecessary, the LNC has the power to declare the law or modification to the law as null and void.  This power to nullify a law may be exercised at the time of the initial assessment of the law following its passage, or at any time thereafter as circumstances change and/or additional information is gathered.  In the event a law is declared null and void in this manner, the Law Making Council may subsequently override the nullification by a vote of two-thirds or more of the LMC in favor of the law.  

CONSTITUTIONAL MOBILISATION  

8.  LAW MAKING COUNCIL

            A.  Known individually as “Makers”, the Law Making Council (LMC) is the supreme and only constitutionally allowed law making institution.  No other body -- no matter what the circumstances -- has the right to make Law.  All Laws must be based on Constitutional Principles (and specified as such in the law’s promulgation).

            B.  The LMC must have a quorum of two thirds in order make law and must have a majority voting in favor of any proposed Law.

            C. Makers are elected by a majority vote of Citizens:  Two thirds of the Makers are elected from representative segments of the population as established by Law.  One third of the Makers are elected at large.

            D.  The number of Makers shall be limited to 144 members.

            E.  The LMC constitutes the sole command of the Council Defensive Guard.  

9.  LAW NULLIFICATION COUNCIL

            A. Known individually as “Prime Arbitrators”, the Law Nullification Council has NO law-making authority of its own, but has the dual responsibility of ratifying by majority vote any Law passed by the LMC, and of nullifying any Law (other than constitutional provisions), at any time after the passage and ratification of the Law if in the sole discretion of the LNC such a Law is ever deemed inappropriate.

            B. The LNC also has the responsibility of initially ratifying any proposed Constitutional Amendment.  Once an Amendment is passed and ratified by the Citizens, in accordance with the Amendment provisions of this Constitution, the LNC has no authority to initiate the nullification of said Amendment.

            C.  The LMC and LNC constitute the Legislative Branch of the government of Halexandria.

 10.  CENTRAL COUNCIL

            A.  The Central Council (CC) constitutes the Executive Branch of the government of Halexandria, and is responsible for the enforcement of the Constitution and its provisions, as well as the day-to-day governing of Halexandria.

            B.  The CC has the authority to collect and administer taxes, but only those taxes specifically allowed by this Constitution, to wit: 1) A corporate income tax and 2) a corporate resource and disposal tax.

            C.  The CC has the authority to deal with entitites outside the constitutional boundaries, but is subject in its dealings to: 1) Constitutional requirements, 2) advise and consent of the LMC, and 3) veto authority of two-thirds of the Participants of Halexandria.  

11.  ARBITRATORS

            A.  Any Citizen, Participant, or group of Citizens and/or Participants can act as a Restorative Justice Arbitrator and no governmental or other group can require licensing or other approval authority by which a Restorative Justice Arbitrator is chosen.  All Restorative Justice Arbitrators are chosen solely by unaminous approval of the parties to the action.

            B.  All arbitrations conducted by a Restorative Justice Arbitrator must be done under a verbal or written contract between the Arbitrator and each of the parties to the action; said contract setting forth the Arbitrator’s procedural rules in any given dispute, and the form and amount of compensation to be paid to the Arbitrator by each of the parties -- said amounts which need not be equal.

 12.  JURORS

            A.  Any Participant or Citizen can act as a Juror, except under the following:

                        1)  In a specific case, if the Juror Candidate is biased for or against any defendant (in a criminal trial) or any party to an action (in a civil trial), said Candidate cannot sit on the jury.

                        2)  In the event a Juror Candidate is not capable of understanding the details of a criminal or civil case, such a Candidate cannot sit on a jury.

            B.  All Jurors have the inalienable right and responsibility to judge all laws as to their constitutionality, appropriateness in application to a particular case, and question of actual violation by any defendant or party to a crime.

            C.  Any Participant can require that only Participants can sit on a jury for which the Participant is either a Plaintiff or a Defendant.  Citizens can required that only Citizens and non-Participants sit on a jury, but only in a Civil Trial, only if both the Plaintiff and Defendant mutually agree.  

13.  PARTICIPANTS AND CITIZENS

            A. No Individual shall be denied the right to become a Participant or a Citizen on the basis of gender, sexual preference, race, religion or philosophical beliefs, ancestry, place or conditions of birth, and/or occupation.

            B.  The inalienable right for any Individual to become a Participant and/or a Citizen is inherent in the Individual by virtue of that same Individual being a living, sentient being, and is not to be construed as a right provided by any government, authority, or other organization of any kind.

 14.  ENCLAVES

            A.  Enclaves are those groups of Individuals, Participants and/or Citizens who have voluntarily, knowingly, and intentionally joined together with other individuals to form mutual support and cooperation.  Enclaves are allowed to have additional and more restricitve rules and policies under which they operate, so long as they do not require any of its members to violate the Constitution of Halexandria.

            B.  All Participants and Citizens of Halexandria are provided equal protection in their diverse, individual pursuits of happiness under Common Law, but are not allowed to participate in the election and governing of individual groups within self-selected Enclaves of which the Participant or Citizen is not a Member.

            C.  A Member of an Enclave is any Participant or Citizen of Halexandria who has demonstrated a commitment to the welfare of all other societal members, has accepted the responsibility of defending the Constitution of Halexandria, it’s Principles, and Values, and has acceded to the additional rules and policies of a particular Enclave or Enclaves.  For a Participant or Citizen to become a Member, said Participant or Citizen must demonstrate to a minium number of other Members in the Enclave, and/or by other means (to be determined by the body of the Enclave’s Members) the fact that said Participant or Citizen is capable and worthy of being a Member in that Enclave.

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             The distinction between Participant or Citizen and Member of an enclave is based on the concept that all Individuals who have ONCE demonstrated that they are responsible and self-sustaining members of society should have equal access to all the rights and responsibilities of living within a Common Law society (i.e. becoming a Participan or Citizen).  Simultaneously, the role of Enclave Member transcends that of Participant or Citizen in that the Enclave Member assumes some measure of compassion, tolerance, and concern for the diverse activities and for the constitutional governing of all Individuals, Participants, and Citizens within the society of a particular Enclave.

            Fundamentally, Halexandria constitutes a Timocracy -- a government by the elite, but where all members of the society have an equal opportunity to become a member of the elite.  The “elite” in this connection are those who have a sense of responsibility toward all individuals within the society of the Halexandria.  There is also the implied requirement that the “elite” must demonstrate such a sense of responsibility prior to becoming a Participant.

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             D.  The Constitution distinguishes between only four forms of Enclaves:  Citizens -- Sovereign Individuals (based on age or other requirements), 2) Marriages (including extended, polyamorous, or line marriages), 3) Partnerships, and 4) Corporations.  Any Individual, Participant, or Citizen can be a Member of more than one Enclave.

                        1)  To qualify as a Marriage or Partnership, every Participant or Citizen must have equal equity and equal authority; all other groups or organizations of two or more Individuals are automatically construed to be Corporations (i.e. at least one Individual works FOR other Individual(s)).  [An exception to the general rule is that Marriages are allowed, without losing their status as a Marriage, to bring in “limited partners” for up to three year time periods prior to investing them with full individual equity and authority.  All such limited partners must be fully apprised and provided a written contact by the Marriage prior to their becoming a limited partner in order to fulfill the requirments of this exception.]

                        2)  All Enclaves involving more than one Participant or Citizen must have a written document detailing as a minimum: 1) the internal governing of the Enclave, 2) the means and exact procedures by which a Participant or Citizen can divest themselves of the Marriage, Partnership, or Corporation (including methods of valuing equity), and 3) rules and procedures to ensure the best possible education and welfare of all Dominions within the Enclave.

                        3)  Corporations can be taxed (see Taxation).  Individuals, Marriages, and Partnerships cannot be taxed under any circumstances.

                        4)  Under the Constitution, all Commerce flows between Participants, Citizens, Aliens, Marriages, Partnerships, and Corporations.  Within the membrane of any one of these entities, the rules and policies governing Commerce may vary according to the agreements or charters of that Enclave (provided that such agreements or charters do not violate the Constitution in any fundamental manner). 

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The idea is that some Enclaves could use Federal Reserve dollars, some could limit themselves to gold and silver, and some might use no money at all.  Or any possibility other than these ideas.

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                        5)  An essential intention of this Constitution is to allow for maximum diversity in the manner in which individuals, Citizens, and groups voluntarily, knowingly, and revocably limit their freedoms by mutual consent and agreement.

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Some of the above may begin to sound like the United Nations -- with the Constitution equated with the UN Charter and sovereign nations in the role of Enclaves.  The fundamental difference, however, is that the Constitution has considerably more “teeth” in it, Enclaves cannot claim national sovereignity in terms of violating the Constitution, and any individual or Citizen can always divest themselves from an Enclave.  Moreover, the Constitution allows for Sovereign Individuals who are answerable to no Enclave other than the Constitution of Halexandria.

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            E.  Enclaves, other than Halexandria, have limited sovereignity, including the right to provide security and internally-generated enforcement of the Enclave’s rules, policies and procedures.  Tools and human resources for enforcement, however, must be for defense, security, and internal control only.  Enclaves do not have the right to prevent access to legal representatives of the Constitutional Government, provided all such representatives operate under the rules and limitations of due process.  

15.  CHILDREN AND DOMINIONS

            A.  All Children, Dominions, and non-Citizens have the inalienable right to be educated to minimum standards of knowledge and information, including being educated with respect to the Constitution of Halexandria and being thoroughly appraised of their Constitutional rights, as well as their right to divest themselves of any Enclave at any time in the present or future.

            B.  No Child, Dominion, or non-Citizen can be physically, emotionally, mentally, or spiritually modified in order to reduce the individual’s ability to voluntarily, knowingly, and intentionally choose their current or future life style.

            C.  The Constitution recognizes the natural bond between parent and child, but also assumes the responsibility of a community to assist parents in ensuring the full empowerment of the child as they approach the age of maturity.  

CONSTITUTIONAL SOVEREIGNITY         

16.  The Constitutional Sovereignity includes the right of the Central Council to enforce and support the principles of the Constitution of Halexandria.

            A.  The CC may establish three independent law enforcement agencies to maintain a day-to-day presence of the Constitution, but said law enforcement agencies may not enter any residence or property of a Citizen or Enclave without permission (except in cases of clear and present violations of the Constitution).  Said Law Enforceent agences include:

                        1)  Council Agents -- Domestic Police Operatives

                        2)  Council Representatives -- Liaison with Enclaves and Citizens

                        3)  Rangers -- independent ombudsmen

            B.  The CC may levy, raise, collect, and administer two kinds of taxes.

                        1)  Corporate Income Tax (based on gross profits of Corporation, net worth, and variation in total compensation paid to employees)

                        2)  Resource and Disposal Tax on Corporate operations (based on the Seventh Generation Cost of a resource and its ultimate disposal)

            C.  The CC is charged with dealing with extra-Halexandrian entities.

                        1)  Diplomatic Relations

                       2)  Defense Measures (authority to raise and maintain a military)  

17.  The Constitutional Authority is Location Independent, and may be applied any where that a Participant or Citizen legally owns property. 

18.  The Constitution provides for limits on the voluntary relinguishment of rights by any Citizen, individual, or group.  These limits include: ____________________  

19.  State of Emergency

            A.  The CC has the authority to declare a limited-time state of emergency, and thereafter assume increased authority over the Citizens and Enclaves of Halexandria.

            B.  Any state of emergency is limited to a maxium time period of three years.

            C.  A state of emergency may be renewed for an additional three year time period at any time, but upon the renewal of such a state of emergency, any Participant, Citizen or Enclave may unilaterally choose not to participate in the state-of-emergency renewal (and potentially lose any benefits according by the state of emergency).  

20.  Single Language Provision

            A.  The official and only language to be used in all Constitutional and Law making and enforcement is English.

            B.  The language to be used in education of children and others is English.  The learning of other languages and cultures (including histories) is encouraged, but not at the expense of every Citizen having a verbal and written command of the English language.

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This single language provision is important.  Anytime law or science or anything else becomes the province of only those who speak the language, then those who don’t speak the language become second-rate citizens to the ones who do.  As for the selection of English, this is defacto in that English really is already the universal language of the human race, and anyone whose native language is not English, when studying a second language, almost invariably chooses English.

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CONSTITUTIONAL AMENDMENTS  

            All proposed constitutional amendments must be passed by a two thirds vote of the LMC, initially ratified by two thirds majority of the LNC, and finally ratified by a two thirds approval of all Citizens qualified to vote.  

ELECTIONS  

            Elections are held whenever there is more than one candidate for an office.  The manner of voting is specifically and expressly designed to allow for any number of candidates for any office.  The method by which this is done is that each Participant ranks what s/he considers are the acceptable candidates in the order which corresponds to his/her preference.  The Participant need not rank all candidates -- i.e. a refusal to list a candidate can be considered as a specific objection to the candidate(s)’s election.  If no candidate receives a majority of the first place votes, then the tie-breaker sequence goes into effect.

            The tie-breaker sequence is initiated by considering the second place votes as well as the first place votes.  This is done by the first places votes being multiplied by the number of candidates, and the second place votes multiplied by one less than the number of candidates.  If a candidate receives a majority of the weighted combination of first and second place votes, that candidate is elected.  If no candidate receives such majority, the process is repeated, this time combining the weighted affect of the third place votes multiplied by two less than the number of candidates, and so forth until either a single candidate receives a majority of the weighted combination of the combined votes, OR a single candidate fails to receive such a majority.  In the latter case, the individual with the lowest weighted combination is eliminated, one at a time, until a single candidate receives a weighted majority of votes.                                   

EDUCATION

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Taking Down the Walls         Restorative Justice        Justice, Order, and Law

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Halexandria         Constitutional Considerations          Texas Constitution

       

               

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