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Citizen Compactby Joel M. Skousen
Introduction:A citizen compact is a signature contractual document whereby sovereign individuals bind themselves together to form a covenant form of government for the mutual protection of fundamental rights. What follows is a suggested national compact. Similar types of compacts would also be appropriate at the state level and in any community that wishes to establish covenants and restrictions above the level of basic law. State or community compacts would be able to build upon the national pact, but could not contain any elements that contradict the national compact. At the national level, the compact is as basic as possible to defend fundamental rights, leaving to other state or community compacts to establish more restrictive covenants consistent with the philosophical, religious or ideological background of those joining together to form each state or subgroup. The national compact is fundamentally more important than a constitution because it: 1. Declares both a working definition of the fundamental rights and contains a listing of those rights, none of which should ever be subject to a vote. Fundamental rights cannot be abrogated or diminished by any constitution or law. 2. Establishes the core principles of law and government, agreed upon by all, upon which the constitution must be based. 3. It itemizes the contractual obligations of citizenship, including self-imposed limitations on fundamental rights and personal sovereignty that are never appropriate to impose by majority rule: e.g.: Loyalty oath to the principles of law; financial support of proper government functions, Voting; mandatory participation in national defense; very limited eminent domain takings of property; and minimal standards of public conduct [i.e.: basic limits on lewd conduct and nudity, public endangerment, interference with other’s access to public property, etc.]. 4. Limits entry to those who qualify for citizenship, e.g.: age, financial responsibility, basic knowledge of rights and the law, moderate competency in language, moral character, and commitment to defend fundamental rights. 5. Delineates and grants protection to the full range of individual rights only to those entering into the covenant (including the privileges of holding government office, voting at all levels of government, and the protection of titled property). All other privileges, excepting those granted exclusively to citizens are protected for non-citizen residents, who also have responsibilities commensurate with their level of commitment to this system of liberty. The key advantages of a covenant form of citizenship with responsibilities attached is that 1) it complies with the principle requiring initial unanimous consent of the governed to form a government, 2) it uses voluntary assent to determine any limitations on fundamental rights rather than majority rule, 3) it provides incentives and inducements for outsiders who want the benefits of citizenship to learn the principles of law that maintain liberty, thus helping avoid division of society into factions, 4) it restricts opportunities for leadership and ownership to those willing to commit to protect these rights. Citizen CompactOBLIGATIONS OF NON-CITIZENS (Residents and Visitors) Other contractual provisions should be made to accommodate non-citizen residents, and visitors. Within the territorial limits claimed and defended by the Citizens under compact, who are owners of the underlying property, no other persons are allowed to live, visit or enter without agreeing to the rules and limitations established for either visitors or residents. This also applies to those who bring into the nation foreign persons under contract. Such contracts must include an agreement to abide by the above visitor or resident code of conduct and contain guarantees by the citizen making the contract that he will take complete responsibility for any harm or damages committed by the contracting party. This responsibility provision provides a high incentive to not bring in untrustworthy individuals. An exception to these rules of conduct for non-citizens must be made for landowners (inholders) who had established property and residency prior to the establishment of the new covenant government, and who decline to join the new compact. These would be left alone, but treated as foreign entities, with no right of access, entry, or protection except as provided in contractual relationship with other citizens and residents.
PROPOSED DIFFERENCES BETWEEN CITIZENS AND RESIDENTS at the national and state level. CITIZEN Requirements: Minimum age, 12 years old Must pass the uniform language test of the national language(s)--basic but essential reading, speaking and comprehension. Must pass a basic test on constitutional law and fundamental rights. [a practical examination of a candidate’s ability to determine whether a listing of hypothetical laws are violations of fundamental rights--no trick or complex issues allowed]. Must agree and sign the Citizen Compact and covenant not to act or promote the undermining of these rights, and to agree to comply with the listed responsibilities of citizenship. Must pay an annual Citizen head tax, and the property defense taxes pertaining to property owned. Must vote in all national elections unless incapacitated. Males must agree to receive 6 months military training (by private or public means meeting uniform standards) Males must agree to serve a minimum of two years active duty with pay (but only during a declared war by Congress where there is a direct threat to the liberty of this nation). All other military service to be voluntary with pay. Must agree to limited eminent domain takings by government w/ greater than fair-market compensation (strictly limited to major highways; transportation, communication, and utility corridors; and military and police facilities) but only in critical geographical locations, where no other viable, economical alternative is available. The burden of proof is on government no other viable alternative.
Must agree to the following Limitations On The Right To Bear Arms: That the Citizen will not possess weapons of mass destruction capable of killing or maiming large numbers of people simultaneously. Agrees to lose citizenship (reduced to Resident) upon conviction of the following: Privileges of the Citizen: Can purchase and hold things requiring title registration and protection (land, building, vehicles) Has access to patent, trademark and copyright protection Can serve as a corporate officer, judge, military officer, police officer Can Hold Public Elected Office over citizens and residents (Dual citizens cannot qualify for these public offices) Has the right to unrestricted movement and residency on non private land w/out permission within nation. RESIDENT Definition: A resident is any person, of any age, who is meets any one of the following criteria: 1) a resident of the territory prior to the establishment of the new government, who does not desire to be treated as a separate foreign entity. 2) a child born to any resident or citizen (but not those born to a visitor) 3) foreign person meeting the character qualifications of entry and who has a sponsorship contract with a citizen. Requirements for residents 18 years old and above: Non native born residents must pass minimum conversation and reading test in the national language(s) (understanding emergency situations, directions, asking questions, answering questions, reading signs, basic instructions, filling out forms) Must begin paying annual Resident tax--a general head tax for national defense and nation and local judicial system. Males must commit to 2 year non-combat duty during a declared war. Privileges
Restrictions Can vote in local elections on issues pertaining to residency, or use of tax funds paid by residents. In order to change permanent residence he/she must obtain residency permit from the intended state of residence (which may not be denied except for criminal conduct) May travel at will within the nation, but may not reside temporarily outside his resident state for more than 3 months without permission of the new state or a contract for work with a citizen of that state. Cannot hold public elected office, serve as a judge, be a military officer, or a police officer. Cannot own land, or a vehicle requiring protection of title, but may rent or lease all such titled property. Exercise the full range of fundamental rights except the full rights of titled ownership stated above and the right to own certain lethal offensive arms. Definition of "offensive lethal arms" shall not include basic self-defense weapons as knives, bows and arrows, non-poisonous darts, clubs, BB and Pellet guns; pistols and semi-automatic rifles. NON RESIDENTS AND TOURISTS Definition: any foreign person who is not a citizen, or resident. Restrictions: Visitors can only remain in the country for a maximum of 3 months in any single year unless they obtain sponsorship by a citizen in good standing.
SAMPLE NATIONAL CITIZEN CONTRACT (SUGGESTED): I, the undersigned person, agree to recognize and defend RESPONSIBILITIES In addition, I agree to
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February 3, 2002 |
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