Novus Ordo Seclorum
As political science engages itself for the purposes of understanding how to organize PEOPLE, constitutional law should encode those best practices in the domain of civil order. Hereby is a work-in-progress to establish that in accordance with planetary needs and prophesy.
The world's been in crisis. The old ways of fixing problems aren't working. There were four major, planetary prophesies that heralded a planetary transition, plus purely reasonable rationales to believe such a shift must occur (cf. Malthus). Civilization is on a knife edge that could fall into a Dark Age or towards an Age of Enlightenment never seen on Earth before. Whatever the case, the shift is needed more than ever. Psychiatric drugs have been holding the decision in abeyance. But the cure is right here: five major plans for a planetary shift which will catalyze a change of new development never before seen in the Cosmos.
- Government (right here friends)
- Education, an enlightened society needs enlightened education.
- Economics, the most destructive commercial economy of chrematists needs reform.
- Religion, freedom of religion doesn't equal freedom from history, a unified religion will resolve the common history of (Judeo-Islamic-Indo-Christian) Man.
- Medicine, the most diseased society needs help
Three of these have gemstones that will be given to true doctors of their society: Medicine (promoting public health), Philosophy (promoting ethics and sound public policies), and Law (here under Judicial).
The Earth's plan is return to paradise, while civilization will continue in a plan presently called "the Jupiter system" and "new world order".
The following is the New Constitution for the fulfillment of the first item on the list.
The Foundation is the common core on which everything else is built. Within the civic sphere, two pillars have stood the test of time:
These are two ideals exist in tension with each other. Without the latter you have anarchy and without the former, oppression. They form the perfect foundation for a world government because they are common values to which everyone agrees.
Note that capitalism is not mentioned, nor science, nor church. The Constitution stands apart from both economic systems and belief systems and is a system of order, not beliefs -- like the seed of a tree. If there is an implicit set of beliefs, it is encoded completely in the two pillars which every human can agree upon.
Separation of Power
The foundations are secured by separating power into three domains which check and balance each other.
- Executive: elected office which enforces the Law.
- Legislative: civil domain with writes Law.
- Judicial: filled by the elected office and fulfills the spirit or intentions of the Law, not the letter of it.
In no event shall the Executive and Judge be the same person.
Don't be fooled by the simplicity of the above. Click on each link and you'll find a complete plan to scale to the world.
In addition to these three domains of power, there are three servants to these ideals of a healthy civilization:
- the Press: a private enterprise (i.e. unofficial), yet necessary component for a working government.
- clerks to hold the internal cohesion of the body-politik.
- A Senate Order to provide external pressure to conform to the ideals of State and this Constitution: (what previously would have been the role of the Senate)
The People are the final say, but the foregoing represents the best of any Political Science, any where. See the new voting model to get started. That, plus shorter terms (see info under Executive), can be part of your next election and solve 80% of your political problems within about 5 years, less if you follow the 1 year terms for city elections. The constitution proposed above is for a society that will foster and elevate wisdom and general prosperity rather than compete for Least Competent and consume resources. Perhaps you're into that.
Just like the original constitution was designed, these scale to every level (called "districts"): city, county, state, and beyond. It can even be used to govern intergalactic federations. This, by the way, was one of the tidbits of wisdom in the U.S. Constitution that Mexico and others southwards of the US needed to prevent the chaos that rules there presently: it`s ability to scale. The Executive and Judicial Branches have the most separation of the above as do the Legislative and the Press. On rare occasion do the Executive and Judicial concur: in an act of War.
Let no law be made that restricts the establishment of a lower-level government within a larger one that follows the Rules established here. That means if a group of citizens wants to make a governing body within a city (a burrough) or a group of individuals wishes to form a town within their country, then they can set a NAME for their new sub-district, give Notice and hold an election, generally following the proceedings herein. Notice of incorporation should be given to the next higher Executive.
If a municipality wishes to implement this new code into their government, they are free to do so -- it abides with existing Constitutional Law.
Lower jurisdictions can push for implementation at higher levels and higher levels can enforce it on lower levels.
One could start with the new voting model and ensure a candidate that believes in this new law is on the ballot and implement it upon election.
The new voting model alone is enough to transition. Remember, it's your country.
Some of this is just a STUB. These are rules that assist all three branches OR are listed as a proto-law for remediation of pre-existing inadequacies:
- Picture ID Cards should be issued at the city level by the Executive. It should be designed by the Legislative. Each change must pass the Judicial for approval that they meet requirements of legal instruments and be good for education, voting, public library and be good for driving a car (a checkbox that says you have been cleared for use of vehicle), endorse a bachelors degree, masters (specify), Doctor (of Law, Medicine, Philosophy, or combination), any other "hoops" to create a little prestige with the card. If they're participating in the Legislature, a sticker with the year can be placed upon it. Executives can have their title ("Mayor", etc.) typed onto the card. This solves transient and immigration problems as each municipality can set policy for issuing IDs (giving power of citizenship). Cards can have from 4 years to the-number-of years-until-retirement expiration.
- Identification challenge: If a citizen asks you for your name or state-issued id card, failure to do so can result in being charged with "hostility to the state" unless they fail to offer you their identification. You have the right to check the identity of anyone who asks you for yours. If you do not have your id in your possession, you can be publicly detained for some small time set by the Legislature, when asked by a law enforcement officer. There should be no law that requires an identification card to be in your possession at all times; however, the inconvenience of being detained should incentivize continual possession. Generally this rule falls under basic rights of reciprocity: if someone ask you for something, you have a right for something equal in exchange. This is post-transition law, until the, if you haven't been charged with anything, you are free to walk away, but it behooves the concerned citizen to check the identity of any asking parties before giving their identity.
- District colors/insignia: Two colors should be chosen for each city, to be printed on their ID card. Higher levels can add a color or choose some combination of all lower colors. But aim for colors that are different and distinguishable between districts, such that there is a unique set among every branch and district. Keep in mind a ordered trend towards the pre-existing national flag, if it is acceptible.
- Notice: Notice is considered "proper", if it was published at least 24 hours or more beforehand. This can be contended, in such cases where more time is needed to properly participate, and set before the Judge to make a ruling. Unlike actual court cases, it only takes one dissenting member to "veto" that a notice is insufficient.
- Elections. Notice must be given before elections. Legislature performs elections, Judicial oversees process and give deciding vote, if necessary, and of course the Executive gets elected. Any registered citizen (has ID card from municipality) can vote. Each citizen gets only one residence where they can receive an ID to get voting rights. This promotes commitment to one's community and does not give more power to propertied others. Can vote from age 16 (lesser of conscription age or driving rights), but should be decided by municipality. Voting occurs through fractional voting method. Tokens are pushed through two slots "FOR" and ""AGAINST" for each candidate. Cardboard boxes can be used. Higher levels can fund the acquisitions of better voting equipment. Incumbent should always be asked if they wish to be on the next ballot, as there is no limit of consecutive terms. If you find your district having multiple ballots and multiple elections too much, your Executive isn't leading. Perfect form is one ballot for Executive leader and that is all, but not everyone is lucky enough to have good leaders. Learn how to make them. It is expected that leaders will rise through the ranks as they get successful at city governments and continue the competency upwards.
- Filing for election: Persons interested in an Executive position should file at the city/county/etc. office, giving notice of interest. Individuals interested in being on the Bench do not have this option, but should be findable through their participation in the community by their Executive. If the Office is vacant, a municipality can choose to allow a resident to have the Office on condition of an election when the election date arrives.
- Election cycle: Municipality can decide start of election cycle, perhaps starting term on the date of the city/county/state/etc. founding. Voting should happen no more than one month prior, but aim for same-day and allow time-off from work if you can't use the evenings for ballots).
- Three main extra-governmental institutions that support the enterprise of civilization and body-politic, representing Past, Present, and Future: Museums, Education and Libraries, and Community Investment Centers (where citizens can get access to tools and spare resources to build things). A fourth institution is the establishment of Parks as a way to balance the order of civilization with the order of Nature.
- Museums: History should be kept for each district (city/county/state/national, etc) filled with donated items given by citizens on a loan basis. A curator can be designated to select or reject items. Museum should keep track of the name (and any special treatment or terms) of the loaner on each piece and cannot sell donated items (except on Terms agreed to by Executive and citizen???). Citizens can reclaim their items as they wish. Citizens should consider it their responsibility to keep such history safe for future generations. If a city cannot maintain such or chooses not to have a museum, then items can be donated upwards to the next higher-level museum, et cetera. Museums should charge a nominal fee for upkeep and give free days on district foundings (to ID holders) and any other day set by the Executive (for other citizens) for as long as that Executive is in Office.
- Education and Libraries: Districts should ensure the proper education of its citizens on the basics, such as reading, writing, arithmetic, and geometry. Libraries allow ongoing and continual education as well as a point of assurance that every person has access to the primary tool required to participate in government: the Press. Small towns, rather than have an operating Press, may just have interested citizens and a copy machine. Further, libraries should have local newspaper(s) (handmade or otherwise) freely available as part of the proper functioning of government. Public libraries equalize access to knowledge and assist skill-development for the economy. They should be funded by legislative revenues and managed by the executive branches.
- Economic Development: Government is independent of economic activity, but prints money that is essential for it. Further, if a government establishes private property as a foundation, then it must provide community investment centers or develop community farming.
- Property Rights: There is no natural "right" to property if you didn't create it. This New World Order puts the issue to the states to decide property management of the public wealth.
- City asset management: Technically the land within district limits (established by the Executive and Judicial branches) is property of the district. Improvements and buildings are the property of the titled owner. When assets of the city go under utilized, the city should acquire the property. It can also establish donations-in-kind by residents who pass or otherwise "will" their property to the city or other higher-level government. In this way, cities can work with banks to establish best use of important city assets, like CICs.
- Public facilities: An oversight committee composed of interested legislative members and the executive can decide management of ongoing functions, such as the library, physical assets like building maintenance, utilities. Power and authority remains as described in the World Constitution. If there is an impasse between Executive and Legislative, the district loses it elected representative. In the case of Legislative and Judicial, the final say is decided by Judicial. Remember it's already been touched by the Executive also. Between Judicial and Executive, one can ask for guidance from higher-levels of government to resolve, but generally, there should be no true impasse, only a temporary disgruntlement (temporary because it's due to ignorance or lack of resources, both correctable in time).
- This plan is designed to be coupled economic reform (CICs) to create a dynamic of greater citizen participation.
- City of Excellence: Higher-level Executives get to designate (or re-designate) the greatest city and award a special symbol for the city. At the highest level, this staff or sceptre has a large, polished diamond for its crown and serves as an incentive for cities to push for excellence. The citizens of the city in possession receive a waiver for any income tax from the awarding district level for the year.
- MOVE: Courts can push cases back to the Executive if case load is excessive. Such a situation indicates poor districting (too much population in one incorporated city) or inadequate leadership. Try inceding and making borroughs, for example.
- MOVE: Executive can resign before term ends, with approval of the Legislative, to make sure that any loose ends are handled.
- Districting should follow city/county/state/nation and world boundaries. If your city is too big for a single elected leader to handle things , break it up. Focus on city/cultural centers with public buildings that can be used for the purpose. Issues like public transportation which cross city lines should be handled by county governments or whatever level incorporates all stakeholders. City police can enforce higher-level laws and higher-level police can enforce a lower-level law, but must be willing to defend it in the lower court. Such legal boundaries can be decided by the Judge of the next level up or failing unanimity there, the Legislature of that level can decide on a simple majority, documented and recorded for the Judge.
- It takes only four people to incorporate and establishing the three branches for their government to form a city. Cities can lose their incorporation (and the benefits from higher-level government) if they don't keep separation of power and these three branches. Establishment of a county will probably take approval by the state-level Executive. Until new voting methods are installed, it is wisest to keep a four-year term for judges which the Executive can appoint permanently upon establishing new voting method. If there's a disagreement between using the incumbent and the new executive, put the vote to the People. Judges must work out the payments to fund their own branch and legislators are volunteers. Executives work out payments of their hired employees from their own sales tax revenues. Permanent positions (clerks) should be paid by Legislative funds. Funding should not be an issue.
- Offices for the Executive Branch should be open to residents. Courtrooms, court decisions, and hearings should be accessible to the public, unless decided by a judge on a case-by-case basis (not generally). Consider a community center located in the center of the district for legislative issues to facilitate equal participation (like member cities in a county). For executive, something near the commercial or classic (not geographic) city-center, and the Judicial, something located elsewhere (University district?).
- Official Currency, made of precious metal, and with common denominations and standard weights (or shapes?) shall be freely trade-able across all borders. Each country can decide what image they wish to feature on their coinage. Executive releases money into the economy and to lower-level governments, Legislative funds machinery for printing, and Judicial helps keep money secure with the Executive.
- Holding facilities (Prisons): A sign of a dysfunctional society. Executive uses and Judicial oversees such facilities. Legislative Branch funds the facilities operations (income tax). Such facilities are ideally designed by a council formed by court elders (current or ex-justices). It is suggested that incarceration is not a sufficient response, except in the case of temporary volatility, due to alcohol or drugs, at the request of another citizen who is willing to be held responsible for it. In the case of heated arguments or altercation where drugs are not a significant factor, a Judge (from any municipality) can and should step in to avoid damage to the community and assert himself/herself to the face of the community.
- Fair Trial: It's up to the Executive to ensure that a notice is sent to the Judicial upon receipt or of any person to a holding facility that has transgressed a law set by the Legislative. Without a trespass of the law (i.e. an official charge), there is no legitimacy of holding another citizen (it violates the two pillars). If there is no Executive in office, citizens should not be detained in any official manner and keys given to the Judge. In the case of an outside (or rogue) state, there is no statute. Officials will have to be held accountable in time.
- Corporations: Any incorporated or legal entity must have a Statement of Purpose filed with the Executive Branch. This information may or may not be made public and is at the discretion of the current Executive to reveal such details or not.
- Emergency Elections or otherwise filling office until the next official election cycle can be held at the order of the Judicial Branch or by publishing the "offer of office" in the Press in some decently-fair manner and doesn't have to fall on the decided election date. Such elections can be decided by those who show up to a published meeting with the presence of the Judicial Branch. KEEP Such emergency elections terms last to the next election date and incumbents are re-electable. At such time, all positions lower down the chain should also be considered for being filled. ??? If this is the city level, the Legislative should approve such appointees with a quorum of 2.
- News Press: a citizen (non-governmental: private or held publicly) Press should exist at each governmental level: city/county/state/nation and can compete for viewership and business revenue. The world government continues the Press and its Freedom, where it is essential for the fully functioning Republic. They should aim for monthly reports on district revenue and expenses on sales taxes, yearly for income receipts and expenses, as well as report on legislative participation rewards (ID endorsements), and notices or birth, and "What's new in the Executive Branch?". Perhaps a weekly column if they want to write it themselves. Judicial chambers should receive a subscription gratis by the Press, if it would be honorable participants of their own government. The Press itself can decide to extend this gift to Judges who were once residents but now preside over higher Courts.
- Taxes: See Executive and Legislative sections. Corporate income taxes should probably be collected by the municipality to their local legislative budget.
- Local businesses can give discounts for endorsements of their choosing for civil service.
- Jurisdiction: In the event of a citation or dispute of citizens in two different municipalities, the issuer making the citation must take the case and pay the defendant for travel and time if found innocent. This ensures that Executives are on top of their police force (and not being trigger-happy). This also ensures that people are performing their due diligence before engaging the machinery of the Law.
- Correspondence: Each Executive Office should have a .gov Internet domain, and receive mail and email as well as be a source for official correspondence. Mail items addressed only to City without further identification should arrive to Mayor`s office. Server can be maintained by local business, students, or a hired business. Executive should have staff member ("clerk") dedicated to announcing events to press, community mailing lists, and filing records for all activities in the Branch that were paid by sales taxes. Legislative Branch might have the same staff member for accounting purposes only (not filing laws).
- If weapons are allowed, Executives must deputize each enforcement officer carrying a firearm and take responsibility for their use.
- MOVE: XXXJudicial Appointments: The Executive can only appoint up to one judge per term. Otherwise, it can be appointed by an Executive up the chain or stay vacant.
- If income taxes are collected, it should be done at a flat rate to make it easy for constituents, minus some reasonable (neither punitive nor promotional) allocation for dependencies. (Elderly, children under 18, rescue dogs?, homeless transitioning?...)
- Regarding estate taxes, possessions can be passed down to family members (those who will keep the property in the spirit of the giver) without tax???, but upon sale, regular sales taxes should apply. Note, however, because of the inefficiency of collecting sales tax, it may be more expeditious to use this instrument to get roughly the same result. Also, because of failures of the US, this may be inadequate for resolution of history. But keep in mind, people have no right to something they didn't create or trade honorably with those who did.
- Sales tax, collected by Executive. All goods that are not bartered are subject to sales tax, including physical goods bought on the Internet. Taxes should probably not apply on precious metals and should not belong to individuals. Sales taxes should help pay for roads since physical goods generally depend on them.
- Separation of Power. The Executive and Judicial branches generally should not consult each other directly (see Clerk role below, however) regarding any case or policy within their domain of governance, unless mediated by the public. This is not law, only an obligation to the public: you deprive your citizens participation and learning. This is more important, the higher up you go, so it may be prudent, for example, to set your Court on a different part of town (under review), than your executive offices and legislative towards the center so everyone can participate equally (is the idea). Activities occurring higher-up the chain are fine.
- Vacant Executive: See fractional voting. When no Executive is in Office, the higher-level executives can create a quasi-"kingly" rule by appointing executives underneath them which can stay if they are elected under normal rules. These poeple can come from any part of the world, but the appointee must become a resident during her or his Office.
- There are two special roles between the three branches: the district (city/county/etc) clerk and the Senate Order. This former role acts as a liaison between branches when their is a need to resolve official duties, like payment of fines. The clerk has no power (nor, ultimately, responsibility for resolution), but acts solely as go-between. For example, the court may decide that the fines set by the executive and legislative are excessive or inadequate. The Court can contact the Clerk for resolution between Executive and Legislative Branches.
- If spending on a project is going to extend past an election term, the Legislature can call for a ballot with simple majority.
- For the transition of the Law, since it would take 5 (year terms) * 16 (judges) = 80 years before you could fill the Supreme Court, the legislative body can elect judges for 4 year terms, until all Judges are filled and appointed by the elected Executive into "lifetime" positions..
- Badges. Executives should have a badge, and Judges should have a (sapphire) ring as signifier of their position. Badges should start as a three (or four, five?)-pointed star (3 branches of government?) and deputized Police should have smaller versions of the Executive badge showing their affiliation with same. Higher-level Executive Branches get more points on their star, up to 7 at World Government. Executives can keep their title on their card until next expiration. Judges can keep their rings after serving on the Bench, but cannot wear them except if elected as Executive or unless asked by someone in the Judicial Branch for an official function. This is a preliminary sketch, and should be fleshed out more. Those participating in the Legislative get endorsements on their ID card. After 5 years of service (not necessarily contiguous and decidable by informal agreement between Executive and Legislative) a permanent signifier can be embossed on their card ("dedicated civil servant"). The Executive office should get a record of each participant for each year, to get a sense of who's participating in their government. Judges should be named in the public hallway of the courtroom.
- Civil Service tax exemption. With the possible exception of the elected official (where such ruling is NOT going to be covered by this document), public officials do not have to pay district taxes for income earned while being a civil servant at their district as long as their wages are available on the public record. They still must pay other-district taxes, above and below. There aren't too many incentives to get good and skilled people to work for the government without creating a conflict of interests. This is one of them.