Why and How I am a Committed Radical (3d in Series): Federalism and Sovereignty
by Frank Wynerth Summers III on Wednesday, April 4, 2012 at 8:02pm ·
I think government and politics are very important. I think they deserve to command the attention of many of the best talents. I believe liberty is important as well. I do not want liberty to be minimized or forgotten in any changes which I might propose for American politics and government. I think that the central mechanism, accomodation and and doctrine for preserving Liberty in America is Federalism. The biggest shock among many here for many readers must be that this is all in the royalist parlance. I have said eleswehere and repeat here that many of our founders expeected us to trod the path of Rome from Kingdom to Republic to Empire. This Constitution tells how such a thing could be done in pratice.
This Note will be about Section Three of Article One in my Model Constitution. For those who want to see the Model Constitution I propose as a whole you can go to the following linK:
Those of you interested in following this discussion can see why federalism is so important.Federalism itself is a very complex subject and there have been and still are many forms of federalism. It is time to recognize that our own problems need a more just and effective set of remedies and that they will be largely federal remedies. The time has come to continue my plod into the dismal revelation of the reasons why I believe that only a particular set of radical changes can save the United States of America from a dark pit which surpasses most others into which great powers have fallen. This comes from someone who admit that he holds to a higher standard than what is accepted by most of the world as relatively respectable and yet I am saying that by the standard of the world as a whole we are in a state of existential crisis. This reminds me of why we have the US Constitution we currently have. According to the document itself: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” Notice that the constitution applies to the Congress and the people they represent rather than to the whole world and to their posterity. I and my family do in fact descend from these people but even if I did not I have other lines of descent clearly protected. It clearly extends to me and to other descendants of the previous inhabitants of the Louisiana Purchase territories by the language of the Treaty among other means of transmitting those rights. Thus, ” The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all these rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.” These are not the Universal Declaration of Human Rights but specific rights of citizens and in the case of those from the Louisiana Purchase these rights and liberties could differ in degrees as proper in the old meaning of property. We go around today with little consciousness of what lawful liberty entails. I am not saying that no new persons can achieve rights and protections from these documents but the tone has to be one of realism. I am saying that we have fallen for out of the path for which the Constitution was established. I am certainly slipping from a position of critical and protesting misery to something darker and more foreboding in my views about life and society around me.
It will soon be clear to anyone reading this who was not sure that I reject much of the governing ideology of my day. I think we will end up with a Hitlerian reaction, foreign conquest or social collapse if we do not adopt policies comparable to the radical changes I propose. Nonethless, I admit that the changes are radical. I admit that they are far from what is proposed in most respected venues and the cost would be high. But if you work through the entire Model COnstitution you would see tha many efforts are made to limit the sting of disruptions before. It is about taking the nedded treatment to get well. I think we have many serious diseases, but I do not seek gratuitous pain for our soicety. We have a false universalism attaching to this country which is toxic and insidious.
I believe America must start living in reality and that right now it is a crack house in which Obama’s Presidency if the Sacrament of Insanity in the Temple of the Easy Euphoria. Acadians and many others from this region of Louisiana also fought in the Battle of New Orleans which has been diminished in history but was the most crucial battle in securing American autonomy because in it the British were soundly defeated in a large and well-respected force by a group of Americans in the broadest sense who had no support from a European Army or Navy. The long and hard -earned struggle for a precious independent liberty was marked by many of the same families and peoples with a number of new additions who had become part of the growing America. The Louisiana Purchase Treaty among other things assures that French ships will forever receive most favored nation status in ports found in Louisiana Purchase Territories. Distinctions, history and merit are part of the making of American liberty in Law.
Federalism in American life is very much realism. The Dutch-Anglo and Jewish and Italian communities of New York are not just another version of what exists elsewhere. The Quaker and Congressional history of Pennsylvania is not something which can be made to be a mere copy of something else. The Francsican Missions, Indian and Mestixo civilization under Spanish civilization is unique to California. The Mormons built and and are building Utah in a unique way. A national culture is not the culture of our nation. A federal way of being is our way to what we do have as a National culture that is from many one. The death of thought makes it hard to discuss this well. But if one can force oneself to think then it is obvious.
Race has always been a part of a kind of federal and national dialog. The States Rights and Civil Rights conflicts were in that large area of conflict. In order to understand where Race and lead us in discussion we must at least look at Americans who are doing interesting work in understanding race and race relations within our own history in ways that could form a basis for legal and constitutional insight. Here are two people who have some of the wisdom of ancient civilization’s tradition in their modern professional work.
Charles Alan Murray (born 1943) has staked out a place for himself which will be important if the United States of America makes the adjustments it needs and is able to enter a necessary period of constitutional and social readjustment. He would be the scholar able to delineate a new popular framework for an educational and political white supremacist consensus. This is not his intention given his libertarian ideas. Charles Alan Murray is a political scientist, author, columnist, and pundit and is a fellow at the American Enterprise Institute in Washington, DC. He is best known for his controversial book The Bell Curve , co-authored with the late Richard Herrnstein in 1994, which discusses the role of IQ in American society. He first became well-known for his Losing Ground: American Social Policy 1950–1980 in 1984, which discussed the American welfare system. Murray has also written among other things Human Accomplishment: The Pursuit of Excellence in the Arts and Sciences, 800 B.C. to 1950 in 2003. He has written for Commentary Magazine, The New Criterion, The Weekly Standard, The Washington Post, Wall Street Journal, and The New York Times. Murray has received and honorary doctorate from Universidad Francisco Marroquín.
Henry Louis “Skip” Gates, Jr., (born September 16, 1950) will play an important role in creating a base of Black scholarly discourse if American renegotiates its constitutional positions as it must. He serves as the Alphonse FletcherUniversity Professor at Harvard University, where he is director of the W.E. B. Du Bois Institute for African and African American Research. HenryLouis “Skip” Gates, Jr. is a scholar, writer, editor, literary critic, educator and public intellectual. He was the first African American to receive the Andrew W. Mellon Foundation Fellowship. He has received numerous honorary degrees and awards for his teaching, research, and development of academic institutions to study black culture. In 2002, Gates was selected to give theJefferson Lecture, in recognition of his “distinguished intellectual achievement in the humanities.” The lecture resulted in his 2003 book, The Trials of Phillis Wheatley. As the host of the 2006 and 2008 PBS television miniseries African American Lives, Gates explored the genealogy of prominent African Americans. Gates sits on the boards of many notable arts, cultural, and research institutions. .
Such scholars as these can help to lead us beyond either a fatal complacency or a fall into pseudo-science or caricature. Neither one of them can be presumed to endorse this constitution but their work could be enlightening to those interested in understanding or supporting it. Most of my work has come from consultation and reading confined to American and ancient or classical sources, however I have been influenced both by cursory study of the decent number of federal constitituions in today’s world and systems of modern royalism in varied constituional regimes. In addition, those who know where to look will see throughout a little influence from the current French Constitution, the New Zealand, UK and Canadian Constitutional thinkers and other fixtures of the modern landscape. Nonethless, this is a much more American document than most of the articles on the constitution currenlty being written by scholars in this country.
This constitution explains itself over all of its pages. Each articler deals with something but because there is a list here which will raise many questions about jurisdictions under the new regime I will give a very brief summary of part of the scheme before we get to the text. If it answers any questions you may have good. If you do not understand it don’t worry. The scheme will become clear to anyone reading the whole constituiton or if this series is ever finished it will become clear in reading all these notes.
The theory of this new constitution is that the fifty states alone will have seats in the Senate. The States will be intended to be jurisdictions where those whites we currently sometimes call caucasians and as we use the term white in general will motly be privileged. They shall in general define race and race relations as well as other domestic and sexual matters in the States. While much of this is for later Articles this will be part of other changes:
1. The House of Representatives will be expanded to 800 seats.
2. The Bureau of Land Management will be abolished and most of its lands, all Indian Reservations, many lands in US outside the States and a small donation percentage of lands from each of 48 states will go to make up the states will go to make up new Jurisdictions known as Territories and Possessions for the Benefit of other races of citizens.
3.There will be a small but complicated Direct Imperial Government Jurisdiction which will like the Possessions and Territories be represented in the House but not the Senate. However, the Territories and Possessions will elect Tribunes to monitor the Senate. All AMerican CItizens will have some vote in Congress which many do not now. However States will have more deistrict perpopulation than Teritories after a territory has two. Both States and Territories will have more than Possessions once Possessions have their automatci one seat. Military bases will also be represented in the House and those on such bases will vote in both their jurisdiction and at the lowest ratio of all from their base.
4. Hawaii and Alaska will give large donations to a Territory each and be reduced in size as States and a third of Puerto Rico will become a State just a bit larger than Rhode Island.
5. Each State will have one or two North East Asian Districts and North East Asians will function under special protections of relative racial equality in the States. States with almost no NEA population will have at least a designated NEA Competitive District and State Law will prefer NEA local officials in such Districts. Each State will also have a district for persons of color not related to secial jusrisdiction peoples on its borders, these districts shall have representation in the State Legislature and some municipal rights but not in Congress. The Municipal officials of these colored districts will gather in a convention to elect four members to represent all 51 districts as a united community in the House of Representatives.
6. This language talks a great deal of the Emperor and Empress. However, elsewhere in the constitution it would be be and is made clear that most (not all) executive power in the new Regime is is entrusted to the First Executive Vice President and that he is elected with the Deputy Executive Vice President who remains President of the Senate. Many things are reformed but in large part they operate as the President and Vice President operate and act in our republican system at present.
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Section Three: Federalism
Subsection One: Theory of Governance in the Third Union
This Empire is more Unitary than the Founders of this Third Union would consider to have been a correct reading of the preceding Constitution and the governance thereby. However it may often be more federal than the governance actually was in recent decades. There is a gradual distinction between the purely Federal and the purely Unitary form of government and this government is still a truly Federal Union. The Union is a federation of Sovereigns bearing the names of States, the Direct Imperial Government, Union, Territories, Possessions. This Constitution is the basic means by which these arrangements and interactions shall be coordinated. The Sovereignty both pro forma and in finis of the Direct Imperial Government rests in the Emperor or the Empress during an interregnum or if neither exist is held in trust by the other sovereigns. In the larger Empire and Union, the Emperor or the Empress during an interregnum embodies the full pro forma Sovereignty as regards all that is alien but internall embodies only the role of the Sovereign One who leads and presides over the Sovereign Few and the Sovereign Many. But the Sovereign Few and the Sovereign Many never have as definite or certain a voice or essence as the Sovereign One often has. The Emperor or the Empress during an interregnum holds the liege lordship and fealty of any jurisdictional royal Sovereign Monarch but is the Supreme Sovereign One of all Republican Jurisdictions inasmuch as the people are citizen-subjects of the Empire and to the degree the Jurisdiction has yielded to or had held back by the Union and Empire any powers or rights. Emperor or the Empress during an interregnum is the Supreme One and King of Louisiana/Roi de la Louisiane in whom full monarchy of the State of Louisiana and the other jurisdictions located entirely in the Minor Compact of Louisiana ultimately exists. This Sovereign also has a unique role in the sovereignty over the Major Compact of the Louisiana purchase and is thus the Royal Sovereign of all the Louisiana. The same person is the Basileus Arkadios or Basilissa Arkadios and sovereign over the Imperial Tribe in an unwritten constitution vastly more complex and sophisticated than this one. The Emperor or the Empress during an interregnum is also the default and presumed absolute despot over the Imperial House where this constitution does not specify that they are not the absolute sovereign then this constituted Union and Empire must presume at least passively and often actively that they are the absolute sovereign in every sense. Where the terms Union and Empire are used in a pairing in this Constitution the Union represents all powers related to that Executive administration which Emperor or the Empress during an interregnum entrust to the First Executive Vice-President and the Empire refers to the bracketing power and reserves within the society where the Executive Administration is essentially reserved by and to the Emperor or the Empress during an interregnum. The context for this central royal sovereign is the context that he is a merit-proved royal Heir of the Imperial Tribe who has been freely and duly elected by representatives of all sovereigns in society, the Few and the Many and the Remembracers of the One. In this election they have been instructed in the roles and selction of Empresses and that in electing this Heir they are also electing the necessary Empress or Empresses before the next Emperor whether full or acting and however they may rightly and lawfully arise. They ought to deny the Heir a throne should they feel unble to give his future Empresses their rights.
Subsection Two: Primacy
The Union and Empire are founded with two Primacies. The Primacy of the Union of States with eachother and the new Jurisdictions is the First. The Union of the Emperor, Imperial House and Imperial Tribes into a federal Empire with the other peoples the American Empire is the Second Primacy.
Subsection Three: The New Jurisdictions
Provision One: Enumeration of Territories:
1.The Territoryof the Federated Aboriginal American Nations of the Northeast
2.The Territoryof the Federated Aboriginal American Nations of the Southeast
3.The Territory of the Federated Aboriginal American Nations of the Southwest
4.The Territory of the Federated Aboriginal American Nations of the Northwest
5.The Territory of the Kingdom of Hawaii
6.The Territory of American Samoa
7.The Territory of Guam
8. The Chamorro and Refaluwasch Federated Territory Of the Northern Marianas Islands
9.The Territory of the Aleut, Inuit and Eskimo Peoples of Alaska
10.The Territory of Creoles of Color of Louisiana
11.The Territory of the Creoles of Color of Puerto Rico
12.The Territoryof the Creoles of Color of the US Virgin Islands
13.The Federated Territory of the Mestizos of the Western Half of Spanish Borderlands
14.The Federated Territory of the Mestizos Eastern Half of the Spanish Borderlands
15. The Small Federal Territory of token Micronesian, Filipino Other Old American Holdings.
Provision Two: Enumeration of the Possessions
Possessions:
1.The Negro and African-American Possession in South Carolina
2.The Negro and African American Possession in Mississippi
3.The Negro and African American Possession in Florida
4.The Negro and African American Possession in Alabama
5.The Negro and African American Possession in Georgia
6.The Negro and African American Possession in Louisiana
7.The Negro and African American Possession in Texas
8.The Negro and African American Possession in Virginia
9.The Negro and African American Possession in Arkansas
10.The Negro and African American Possession in Tennessee
11.The Negro and African American Possession in North Carolina
12.The Negro and African American Possession in the US Virgin Islands
13.The Negro and African American Possession in Puerto Rico
14.The Negro and African American Possession of Federated Districts in Kentucky, Maryland , West Virginia and Oklahoma
15.The Negro and African American Possession of Federated Districts in the North and Central Region
16.The Negro and African American Possession of Federated Districts of the Greater South West and the Pacific States and Territories
Subsection Four:Traditional Honor Guards
Provision One: These rules are developed for the Constitutional Jurisdictions. However, except where specifed otherwise they shall apply to the Traditional Honor Guards of the Major Compacts. Minor Compacts have troops and officers on loan from Jurisdictions.
Provision Two: The Traditional Honor Guards must pay their fulltime personell no less than half the pay of the best paid Militia or National Guard Units with which their government is associated. At least half their personell must be full-time.
Provision Three: They have no loyalty to the Union but only to the Empire and the Jurisdiction as regards their role and function as a military force. Each is an autnonomous force. Republican Jurisdictions are alllowed one each. Royalist Jurisdiction are allowed three. The Guard all share is a Chief Magistrate or Governor’s to command. There can be a Monarch’s Guard and a Female Consort’s Guard which must reduce by half and become a unit in the Monarch’s Guard when a woman is Monarch. Half of all officers must be in some branch of the Five-Fold Nobility other than the Nobility of the Sword. This being a minimum shall also be the required one tenth of all the officers must be Ordinary Nobility. The Emperor shall appoint a member of the Imperial House to be a sponsoring colonel who shall receive one twentieth colonel’s pay and a half wage per diem to serve at his or her discretion when available. Each shall drill in homage to the Emperor at an Imperial Palace of the Emperor’s choice every two years in whole or in part at the Emperor’s discretion.
Provision Four: Each member shall have two set of duties and uniforms. The modern force duties will be limited to to security, military police, riot control and the their relevant support units. The traditional force must be divided into at least two units one of which must be animal mounted, one of which must be before firearms, one of which must closely resemble a defunct unit related to the history of the jurisdiction and all of which must imitate a working unit aptly suited to a specific war at least one hundred years in the past.
Provision Five: The Traditional Honor Guard shall never exceed a tenth of the numbers of all other military units related to the Empire and Union which are in or under the Jurisdiction in any direct or meaningful way.
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So if you have the energy to discuss this with friends that would be great. But the basic point here in the Section on Federalism which is in Article Two: Sovereignty is that our system is a federal one and always has been. The most important form of federalism has been between the States and in the Dual Sovereignty they share with the Federal Government. While this system was intended to be capable of change the only thing that was held out as not to change was equal representation of States in the Senate. That is preserved in this new Constitution. There other elements to the Federal principle as it exists in our society and this principle has been hinted at in oour treaty relations with Sovereign Indian Nations which also operate in a special relationship with the Federal Government and this is continued in relations to US lands outside the fifty states. All these federal elements are improved and more rationalized and made more just but in a way which is somewhat coslty and difficult as this proposal transforms us to an Empire and Union uniting various kinds of polities which are all entitled to the rights of Jurisdictions. We have reached the time for that phase of development. It is time for a new Constitutional Union to be known principaly as the Federal American Empire of the United States.
I have tagged a few FB friends and I will in some or all my notes. Any kind of political radicalism at any time is a risk for those associated with it and so I am keeping the tagging to a minimum and while a great deal of endorsement will be needed to effect these changes there is no indication that someone tagged in a note in this series is actually endorsing the note. As always I am willing to respond to posted comments, chat and private messages.
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