Discussions of the Model Constitution (4th in a Series): Sharing Sovereignty

Why and How I am a Committed Radical (4th in Series): Sharing Sovereignty
by Frank Wynerth Summers III on Thursday, April 5, 2012 at 9:48pm ·
In order for a complex theory of sovereignty to work there must be a set of protocols for power-sharing. This must be taken in hand from the beginning if a new Constitution is seriously proposed. I am tying each of these discussions to the days in which they are published and so Holy Week, Easter and Passover are among the things on my mind as I write this Note. However, whenever you read this note the discussion should be relevant. This is about sharing power among people in a fuller sense than people are allowed to be people under our current system. In this system some tough and distinctive people are asked and encouraged to interact responsibly to create and govern this complex society.

This Note will be about Section Four 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:

https://franksummers3ba.wordpress.com/major-themes-of-this-blog/new-model-constitution-of-the-united-states-of-america/

In mathematics there must be and there is an order of operations to solve a problem correctly in the algebraic or other system. When you see the problem below it is important to now the value of the numerical symbols but it is not enough. It is important to know the meaning of the operational symbols but it is not enough. It is important to be able to perform those operations with indicated numerical values but it is not enough. All that knowledge and skill which makes up most of what is needed to solve even the largest and most difficult problems cannot solve even such a simple problem as the next one without a good bit of help:
-1 × (-9 – -5) =

Not solvable without one more big component. What is it?
The Order of Operations for Mathematics….

http://www.purplemath.com/modules/orderops.htm

If you are asked to simplify something like “4 + 2×3”, the question that naturally arises is “Which way do I do this? Because there are two options!”:
Choice 1: 4 + 2×3 = (4 + 2)×3 = 6×3 = 18
Choice 2: 4 + 2×3 = 4 + (2×3) = 4 + 6 = 10
It seems as though the answer depends on which way you look at the problem. But we can’t have this kind of flexibility in mathematics; math won’t work if you can’t be sure of the answer, or if the exact same problem can calculate to two or more different answers. To eliminate this confusion, we have some rules of precedence, established at least as far back as the 1500s, called the “order of operations”. The “operations” are addition, subtraction, multiplication, division, exponentiation, and grouping; the “order” of these operations states which operations take precedence (are taken care of) before which other operations.
A common technique for remembering the order of operations is the abbreviation “PEMDAS”, which is turned into the phrase “Please Excuse My Dear Aunt Sally”. It stands for “Parentheses, Exponents, Multiplication and Division, and Addition and Subtraction”

This Model Constitution deals with something less arbitrary than simple mathematics and more bogged down in differences which cannot be purely catagorized but the players are categories which are filled out by real and individual historic beings. Persons, Jurisdictions, States, the Union and others types are well known in our country’s history. The Civil War or War Between the States was about figuring out how to interact where conflicts of law existed. The solutions we have used have not really worked. We have just used other working parts of our society to make up for the lack of understanding in this area. This countryneeds to rationalize its power and sovereignty relationships and while the new constitution is being put in place is the time to organize these relationships and principles.

In America today we have people who believe that any form real government is obscene. That is a kind of Libertarianism which is indistinguishable from treason for any real society. Also in America we have alarger group of people who are committed to a strong government to despoil some citizens as much as possible and use the funds to distribute entitlements and benefits to themselves and their constitutents. Further, in America today there are many who will always act in the most cowardly way available no matter what it is the political realm. All these trends are growing and are fatal to our society alone or together. This section begins the difficult process of defining how the basic socio-political contract will work under the proposed constitution. If we do not make these changes are some like them then I believe our future is doomed to be horrible even by standards much less demanding than mine.

Before the Civil War the South was populated by a good number of people seeking not to abolish the Republican and democratic and racist elements of the social order but to combine and modify them with other elements in a new arrangement which would create a richer, better and more harmonious society. However, when the confederacy came into being it happened so quickly that little of this search for insight bore fruit in the COnfederate State of America in a real political form. What might have happened if they had achieved independence is hard to say. There were many clubs and associations in the pre-confederate South that celebrated knights and serfs from Europe’s past. There were those who hoped and were trying to find a way to have real manorialism rather than chattle slavery plantations. Like Aristotle, Confucius and the Bible they were devoted to the idea of building a real society that saw people as valuable and relationships as worthy of being institutionalized. It is also true that some of the Southron medievalists saw the elevation of the slave to serfdom as one piece in puzzle that included the colonization of free blacks in a protectorate in Africa, the federation of homelands for native Americans and free coloreds as well as other additions of institutions. They felt that a real America would draw from several continents as well as from the Classical, Medieval and Modern era its laws and policies. It is true that all of this has little meaning according the modern view of America. However, America has changed. American Southrons fought for civilization and what we have now is market savagery. I could write much more about the socialist and royalist policies that distinguished Louisiana. Far from perfect the South was still too good for a world determined to rid itself of all I call goodness in mankind. It was a real society that could deal with the inevitable evolutions of race, class and religion.

Mostly Protestant, the South had some great and influential Catholic institutions. It also had a Jewish Secretary of State named Judah Benjamin. I have said before in these Notes that how Western Civilization views Jesus is a good sign of its health and progress. I see many signs of a beeter religious consensus devloping in the pre-Confederate South. For this and so many other things the South fought and lost. It truly did lose. The poverty, Jim Crow, scientific racism and ideological Anglo-Saxonism of the postwar South were not extensions of the society they sought to preserve. They were madness.

The wall of separation between Church and State as it is now interpreted is really a wall which is one of many walls between reality and thought. That is not unusual. If American society becomes completely and utterly in sane it will not be the first society to do so. However, America has a role to play in saving the world for human sanity — not the only role but a real role. One American constituency that may feel it has most reason to be trepidatious about the coming of a Christian Emperor are the Jews. It is useful to remember that many American institutions associated with strong Christian links of identity were not anti-semitic in any sane analysis of what was possible in the world. The Confederacy where faith was so openly discussed had a Jewish Secretary of State. Antisemitism, which in itself is a very imperfect term is really one of the great blemishes on Chrisitianity. That does not mean there are not intrinsic conflicts between the Jewish faith position which is not explicitly also Christian (and that has always been rare) and the Christian Church. However, the idea that somehow the Holocaust was a ong time ago or that it was within a great tradition in Christianity are both absurd ideas. people slaughter eachother and are slaughtered and those without long status in a state homeland are most likely to be slaughtered and Jews fall into this category and often have in many places and this is a long-standing situation. But the Nazi extermiantion of Jews is the worst and most outlying expression of some very distinct and new horrors. While supported bny many baptized Christians Nazism was clear enough about the difference to be officially Anti-Christian in it policy and Philosophy. First get rid of the Jews and then get rid of Christianity was there clear plan. They knew Jesus was a Jew after all.

Some facts:
1. When Jews converted to Chrisitianity in medieval Europe the King was their godfather and a grreat feast was thrown.
2. Medieval Churches and early renaissance churches in Inquisitorial Spain and elsewhere were built with the sign of the Star of David often included. These churches had a beilief that the extant remains of the House of David were still royalty on Earth and had no trouble sseing how Jesus related to the House of David and struggled in his lifelong postion as regards the House of Herod.
3.For centuries all Christians knew that Jewish rabbis in a hundred cities instructed gentiles in the Septuagint or Greek Old Testament throughout the Hellenic world and Jews were respected intellectuals in much of the pagan Greek world. Those who studied but did not convert were called God-Fearers and it was in the God-fearer network that early Chrisitianity mostly spread. But modern Jews, Protestants and Anglicans reject the Greek version of the Old Testamant and the Greek Orthodox church has been much disabled by Islam and decimated by it and so there is no historic basis of understanding that is true to the origins of the Christian Church except in the tenuous and disturbed fabric of the Roman Catholic Church.
4. Rome has had recent centuries of the Church influence by the very poor heritage of Western Europe and Britain who now often find themselves too good for Rome and lost much of its other constituency to Islam. It is able to conventiently forget that when the Holy Family fled into Egypt they went to a city that was in a cultural and religious state of sophisitication which may be among the greatest ever achieved by mankind. They create a poor, dirty persecuted Jew more and more as Western Europe loses its sense of all that formed the Christian experience.

Jesus was an Earthly Prince — Son of David. He was a Rabbi. He was a Craftsman. The scenes often quoted from or cited in the Scriptures which shows his disciples finding an animal to ride into Jerusalem, the upper room for Passover, a brand new tomb to be buried in privately, dinner parties where he could show up with a large entourage and other things show that Jesus had a sophisticated secret network and not a miracle. His Apostles carried some weapons even in heavily guarded Jerusalem and he had many followers. The later Medieval image once the Crusades had failed to retake most of former Christendom was when the poison and lies really began and the early modern imitation or fascimile of Christ as mostly poor and obscure is just antisemitic and antichristian nonsense. He did suffer poverty, homelessness and pesecution for good causes.He did accept crucifixion. I will not get to all of that now. But the Christian Imperial House proposed in this constitution is well aware of the faults of Christians as well as other religions. And frankly is more likely to be aware of the truth about most religious experiences and groups than all but a few institutions and people which exist today.

That does not mean Jewish, animist, Buddhist, atheist and others do not have the right to be skeptical and vigilant of excessive incursions of Christian preferences under the new constitution. It also does not mean we are glorifying Christendom excessively. In fact this regime is officially a post-Christendom regime. But destroying all identities is tyranny and not diversity. Diversity in all it costly greatness advances under the proposed new constitution.

I am not proposing these programs and changes in favor of the new Jurisdictions and their people and also proposing a privileged position for the White races in the States as an entirely new idea which is coming in because niether the new era nor Jim Crow Segregation has worked. rather there is evidence that my people and forebears and also other Louisianans have been struggling with an agenda much like this which has often been derailed. I cannot get into every aspect of that heritage of struggle but there are some elements of the story I will mention briefly.

First consider how much the following element alone differs from the segregated post-reconstruction South and also the picture most people have of the Confederacy. In Louisiana, the Confederacy began with a military unit that deserves mention. The Louisiana Native Guard A group of Gens Libre de Coleurs who owned slaves and served first under the Confederacy and then under the Union banner. They are the only entire unit known by me to have changed sides during the war. However, the story is complicated and I find them to be largely honorable as human beings in such situations go at any time.

Secondly, the idea of having Traditional Honor Guards and other institutions which tie people in the service of larger unities to their local traditions grows out of somewhere real for me. That place is the Louisiana Militia Tradition Louisiana had a militia under both French and Spanish Colonial rule. It had a special Acadian Militia under Spanish rule as well. It had a militia as the La Nouvelle France Seule et Sans Espoir and again under the Spanish. It had a Militia as the United States Teritory of Orleans and there was another militia in the Republic of West Florida. It had a militia as a US state until seceding and becoming the Republic of Louisiana and then as a State of the United States of America. A couple of times there has been a secondary Home Guard as part of this militia and the militia itself is part of the National Guard. I have several fairly close friends in the National Guard and an uncle who served in it when I was a child. One of my friends in the National guard is an Hollier and I have found Holliers in both the eighteenth and nineteenth century militias of Louisiana.

Thirdly, the idea of the Primacy of the Imperial Tribe comes from a certain place. Understanding the Acadians is difficult and my own view is based on many sources not accessible to most of you but it is possible to become much more informed than many of you may be by consulting sources which have been compiled, edited and narrated by a professional historian who has not asserted things from shadowy sources and who is not involved in a radical poilitcal cause:
Brasseaux here means Carl A. Brasseaux if not otherwise specified. Carl A Brasseaux is the preeminent Acadian historian of my lifetime and of recent centuries certainly. I have great respect for him and we have met and speoken about history. I have read much but not all his work much of which is listed in color below (these are authored, co-authored and edited works). This does not mean he endorses this blog. I have only a Masters degree and have never published a book of history so fall far short of his standards in many ways. He on the other hand is a Brasseaux which is a middle chiefly clan, he is not from Bayou Lafourche or Vermilion Parish and has no close relatives who are recent members of La Maison de Le Roi. He is therefor cut off from most of the insights tha inform me in these dcayed times. There are five other historians who I rely on as much or more than he in technical temrs for my model of recent centuries for our tribe, But none of them do what he does. As with the Queen’s Apology the effort made in this blog is unthinkable without Brasseaux although perhaps like the Queen of the United Kingdom he migjht not be able to endorse or verify its statements.
The Founding of New Acadia: The Beginnings of Acadian Life in Louisiana, 1765-1803
Selected Bibliography of Scholarly Literature on Colonial Louisiana and New France
Acadian to Cajun: Transformation of a People, 1803-1877
The Road to Louisiana: The Saint-domingue Refugees, 1792-1809
Scattered to the Wind: Dispersal And Wandering of the Acadians, 1755-1809
French: Nineteenth Century French Immigration into Louisiana, Volume 1
In Search of Evangeline: Birth and Evolution of the Evangeline Myth
Quest for the Promised Land: Official Correspondence Relating to the First Acadian Migration to Louisiana, 1764-1769
Narrative Paintings: The Collection of Maurice Dedieu/Peintures Narratives

Fourthly, the area about which Brasseaux does not write relates mostly to that area from which the Emperor and EMpress proposed would come. It is a part of the Acadian heritage shrouded in mystery. Nonethless it is not incomprehensible. Maison de Le Roi (also Oikous Megaloikounis Basliei Akradios kai Arkadikoi) meaning more or less the Royal House or House of the King. This is a branch of the Cinque and its predecessor and hoped for successor governments that actually moves. It is with the Basileus on the more public (oddly enough) Noir et Soir side of governance as part of the First Branch. However on the (oddly enough) more sheltered side called Beausoleil et Blanc of governance the royal house shifts over with the other moving branch, the Tout et Rien, to form the Second Branch which it then leads. On this side the Basileus alone is First Branch with minimal assistance by the Basilissa (wife) and the Premiere Prince Herediteur. On this B&B side the Basileus is President and has eight votes voting last, The Basilissa (wife) has seven voting second to last. The Basilissa (mother) presides over the inner table de jure . The Prince Pere presides over the outer table de jure. The Premiere Prince Heriditeur presides over the dais. The Mistress of Ceremonies presides over the rest. If any of these offices is unfilled by situation the Basileus fills Presidencies by appointment. Unless the Conditions to demand a that aParfait exist are met then there is no need to constitute this branch and abbreviated and casual forms may be used. De jure members are all heirs (except the permanent heirs) and their spouses, all children and syblings of the Basileus of any kind whatever. Also de jure members are the Basilissa and her parents and syblings below the rank of Prince. The Basileus also extends membership de jure to any mistresses, concubines or plural wives of the Basileus and any confidant, bodyguard or full time free servant of La Famille de le Roi or any of its members who are not automatic members of a princely Acadian clan or foreign allied royal family. Eligible members are all close constant companions in the domestic sphere or at arms of any of the de jure members as well as any spouses, children, parents or consanguinates to the third degree of the de jure members. Also those not de jure because of competing royal and Princely claims are eligible. Function and role within the House is very unequal and stratified and voting also but there is some honor and some official work available to all members and not available to anyone not a member. This ritual is all more or less in a state of total collapse but it is not without the survival of its elements, The HOUSE does its work in many ways and supports and suggests work done by others. That includes Papal recognition of the Feast of the Assumption as a National Holiday of the Acadians which took decades and was of global significance. The many elements of more known institutions have less known royal counterparts.

Fifthly, in the twenty-first century the Acadians have already had reason to be recognized as people with real if complex relation to other people in the modern world with whom America needs to relate. The best exaple of this is less than one decade old document tying South Louisiana to modern London and the current Monarch. This document is the Queen’s Apology The result of a lawsuit brought by Warren Perrin of the Acadian Center. In many ways this document created the freedom, the burden and the duty of putting forth the Acadian view of America which is vital to this institution. The political metaphorical ball which had been in the British Court for centuries is now in play and it falls to a diminished few to try to resume the game while other sorts of games have meanwhile matured. The Acadians and their royal elements are not so entirely out of touch with the world as some readers might think.

In the end some who read this may find it obscure and others will see that it alludes to many other parts of the Constitution. However, it essential to the transition being proposed.

**** ****** ******* ******* ******** ****

Section Four: Presumptions and Reservations of Sovereignty
Subsection One: Preamble
In the Second Union in theory the Tenth Ammendment reserved all rights to the States and then to the People which were not specified and named as entrusted to the Federal Government. In practice this principle was repeatedly violated for good and ill. This Section is written in the same spirit and in hopes of more effective compliance over time.
Subsection Two: Enumerations
Provision One: Where Sovereign rights are specifed in this Constitution it is nver to be presumed that they can be interpreted to be misplaced.
Provision Two: Where new issues of primacy public ritual and protcol appear it is to be presumed all sovereign rights attach to the Empire and nearest the Emperor unless otherwise specified in this Constitution. Where the questions of immunity are unclear they must be sttled in favor of the Emperor and Empress and against all comers. Where primacy in a battle is concerned the sovereign rights attach to the Emperor’s presence and the unit in which he is fighting. Where Procedure of precedence is unclear among varied times of action it is presumed the Emperor, his House and Tribe are enitled to the most advantageous positions. In his Domestic Zones among his House and Household his absolute quality in general and as regards the Union especially is considered negatively paramount but positively confined.

Provison Three: In issues of domestic regimes, media distributed almost enitrely in their own boundaries or intended to be, laws of real property, racial classification, voting procedure, trial procedure, militia and honor guards, education and insurance where this Constitution is unclear the rights are presumed to be the Sovereign rights of the Jurisdictions. Jurisdictions are presumed to have rights to non interfrence from the Empire and to have some right to positively interfere with others as regards public decorum, the use of languages at public events and of the celebration of religious rituals at public events.

Provision Four: In terms of the administration of the actual transportation and engines of commerce between Jurisdictions and abroad, in terms of foreign diplomacy, the conduct of wars at the strategic level, the creation of federal laws, the settling of disputes between Jurisdictions, laws of Bankruptcy, laws of the Open and High Seas, laws of Space outside established crown ships and colonies, the collection and levying of taxes on citizens for non-domestic and agricultural income up to an amount equal to their Jurisdcitional capacity and duty to be so taxed, the resources in and under the boundary waters of the Federal American Empire of the United States, the wealth and regulation in and of the electromagnetic spectrum, the determination of national Security priorities and the protection of the Constitution as a whole this Union and its federal government under the Emperor or Empress is presumed to hold the Sovereign rights where there is doubt.

Provsion Five: As regards all the rights of citizens outlined in this consstitution they are to be interpreted in a broad but reasonable way and balanced against the rights of other citizens and the Empire and Jurisdiction but the presumption in their exercise will always favor the families, individuals and communities which constitute the people. The principal presumptions that cannot be stated as rights because they must often be violated by many parties are nonetheless the most sacred presumptions of all as regards sovereignty but also the ones from which much must be taken compared to ther presumptions. These are:
1. the presumption of self-determination
2. the presumption of privacy
3. the presumption of domestic integrity
4. the presumption of enjoyment of property
5. the presumption of familial tradition
6. the presumption of self-defense
Where the defense of these basic presumptions is involved the Sovereign Rights of the people are supreme where the Constitution is unclear.in limiting the rights derived from such presumptions. Underlying all of this is the presumed right to life and yet society and the State in general and this Empire especially are organized largely around the institutions of legal homicide.

Provision Six: In the Criminal law it is presumed that Jurisdictional law governs, then one looks for Federal, then Direct Imperial Government Law, then Edicts, Droits and Policies of the Imperial Royal Elements and Persons. However, where the Constitution does assert a right or duty to create a criminal law the order of precedence is precisely reversed as regard legislation, investigation, prosecution, trial and punishment. Following orders crimes may have some overlap but citizens will be immune to double jeopardy where both the nucleus of operating facts and the basic moral offense or the same. However, where lesser offenses can be sorted out from a following Sovereign Claim they may be tried without regard to the resolution of the Higher ranking claim.
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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 this Article One: Sovereignty Section Four: “Presumptions and Reservations of Sovereignty ” is that for our system to work there must be an order of operations and a protocol for various actors and players in the system to use to operate. This is not now nor ever has been a democratic republic but rather is a mixed government Constitutional Union of mixed government republics. Under this Model Constitution the society has evolved into an Empire and Union uniting various kinds of polities and with a royal monarchy in an Imperial framework. These presumptions and reservations guide the operations of this new system of shared power and sovereignty.

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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