Model Constitution of the Kingdom of the State of Louisiana: Part Ten

Royal Constitution
Of the
Kingdom of the State of Louisiana
Article Fourteen: Rights, Droits and Entitlements
Section One: Summary of Application, Legitimacy and Certainty
Subsection One: Applied Theories and Distinctions related to Limited Government

Provision One: A Strong and Fit Government
1. The Recognition of Rights of the State: The Kingdom of the State of Louisiana must stand among all polities without excuse or expectation of exceptional good fortune. The Establishment of this royal and royalist regime is the establishment of a regime to stand strongly and boldly in a place of importance in the world. While it has yielded an appreciable part of its function to the Federal American Empire of the United States there is much that it has reserved to itself and is likewise reserved to its federal partners. Succession is that single act of a State in a Federal Union which can never really be fully right nor fully forbidden if it is really a State in a Federal Union. While this Constitution does not embrace or legally contemplate Succession from the union it does demand a society capable of imagining and envisioning an effective independent existence if the Federal American Empire of the United States did not exist and it had to make a new path in the world. Louisiana is a very complex place with a very complex history and all of it is accepted as having contributed to forming the current polity although not all of it was entirely good for that formative process.
2. Monetary And Fiscal Entitlements: This discussion of a strong and effective government is important because the Kingdom of the State of Louisiana has a value and so does its survival which must be balanced against the rights of individuals. Likewise constituent people and institutions in which people cooperate have rights which must be balanced against the rights of individuals. These must also be balanced against entitlements to resources and claims against the State. The largest fiscal and monetary entitlements in the Kingdom of the State of Louisiana will be those of the Sovereign and Perpetuity Funds no other entitlements to funds committed outside these two Constitutional Funds may jointly equal such a commitment of revenues without legislative review which are truly new revenues. These are in Principal Part the Entitled Revenues of the Two Grand Constitutional Funds.
a. Joint revenues to be collected Singly and Divided equally between the two funds are:
i. A one percent Accompanying Fee on all individual Income and Capital Gains taxes paid to the federal Government.
ii. A one percent Inheritance tax on all estates received in the Kingdom of the State of Louisiana.
iii. A one percent tax on all insurance premiums paid in the Kingdom of the State of Louisiana.
iv. Two percent of all revenues received each year into the General Treasury and Legislative Budget. Which the funds at the top and certain other set-asides never are.
v. A fee of the average cost of one ounce of gold in the previous calendar year for every unit for fugacious minerals granted by the Commissioner who shall now be a Member and Appointed Official of the Louisiana Mineral Leasing and Licensing Board.
vi. Five Percent of all funds awarded by the Courts of any kind where the funds can be attached which are awarded for punitive or exemplary damages.
vii. A Ten Percent Legal Profiteering tax on disclosed legal profits related to disasters, wars and great upheavals and a fifty percent tax and half of all fees collected in penalties on Criminal Profiteering.
b. Special Revenues of the Perpetuity fund are:
i. A one percent tax on all tobacco, alcohol, high performance fuels, explosives and ammunition sold in the Kingdom of the State of Louisiana.
ii. A Fee of one percent of the Income of all casinos, gambling and gaming establishments.
c. Special Revenues of the Sovereign Fund are:
i. One percent of all gross revenues of the Guild registered in the Kingdom of the State of Louisiana. This shall be of the guilds and not their members.
ii. A one percent tax on the value of all entailed property payable by lien at one percent of the principal each month and interest at half the prime rate plus one percent annually compounded every two years.
iii. One half of one percent of the gross revenues of the Royal House and the Royal Prerogative.
The Value of this entitlement shall be calculated by the Treasurer and confirmed by an independent auditor every two years. The State may not make commitments which involve unreviewable future expenditures which exceed that amount to which these funds are entitled. The past obligations will be dealt with as well as can be but under the new regime Entitlements shall be dealt with in this manner:
1. Benefits of State and such Kingdom Employees and Contractors as may fall under the Public administration will consist at least half of funds which are technically income of the employee or entitled person invested by the State through Sovereign and Contract Authority. Matched by contributions from the State which do come from the Legislature and are subject to its review in the year in which they are made. All such Employees shall under the new regime be allowed to be and shall be half participants for half value in the Federal Social Security Federal Insurance Program. The State shall purchase on the open market each year a bond or insurance policy maturing in each of the next fifty years according to its resources which must cover at least half of the payout of obligations created in the last ten years and due in that year which are not already twice covered in such a bond or instrument. Any additional revenues from maturing instruments here required can be used to purchase future bonds or insurance of this nature and then only to supplement past obligations which may have lapsed in this general area. All Parish and Municipal governments must conform to imitate or participate in this program according to their choice but as reviewed for conformity compliance by the Treasurer. From the Founding all employees will be told that they are responsible for their retirement and for the compulsory participation in the program. The review of techniques shall be disclosed to them and target payments shall be published but their entitlement will be to the correct share of funds so produced and neither to a particular amount of money nor to any percentage of salary used as a target or as the basis of their premium. All new State workers will be eligible for retirement at full benefits and are eligible for half retirement leading to retirement with full benefits at sixty-five years of age or twenty-five years of service or ten years before the life expectancy — whichever is earliest– and having so qualified their retirement shall be valid after five years notwithstanding the later provisions of this Section. Employees shall otherwise retire at thirty years or after twenty or more years and reaching the age of either of seventy years or five years prior to the age of the average life expectancy whichever is greater. The previous formula shall not apply to Elected Officials shall receive the right to per diem work in the Royal House, Kingdom or State where provided by law or constitution including some eligibilities after one term. They shall be entitled to a one tenth benefits after one term or four years whichever is less, a third after two terms or eight years whichever is less and half after three terms or twelve years whichever is less. Full retirement benefits shall be the next margin and shall not be reached until a total of twenty years of service has been achieved. However, these terms and years shall include all elected offices and where there is a benefit to the official he may add the years of public employee status to the Elected Official Program or vice versa through an exchange provided by the treasurer.
2. Long term contracts must either be commercially insured against nonpayment, paid for in advance or else negotiated with specific language that they are subject to sovereign legislative review at each sitting of the legislature.
3. If a State of Emergency is Certified by the Governor and three of the Constitutional Boards then the governor may Petition the King and he may allow that sitting of the legislature to enter into a Debt or other relevant obligation for which the service obligations will exceed this formula limiting entitlements.
Provision Two: A State Royal, Humane and Limited
1. A Reserve Power but not A Total One: The Kingdom of the State of Louisiana joins especially its sister States as a Founding senior federal partner as well as all the other Constitutional Jurisdictions in recognizing the Constitution of the Federal American Empire of the United States. The Kingdom of the State of Louisiana also recognizes that in terms of the intention of the framers the Third Union is on a continuous spectrum more unitary and less federal than the Second. In this way it differs from the Confederacy joined by Louisiana at one time which was intended to be more federal. However, compared to a great deal of unitary theory and law which had crept into the Second Union, this Empire with whom the Kingdom shares a Royal Monarch under different titles is a strongly federal regime and the federal members are positioned to assert this fact while acknowledging new powers of the small truly central element and the lager properly federal government of all the federal union. That means that with a few exceptions most powers are endowed upon the Federal government by the States and agreed to by the other Constitutional Jurisdictions and most of the powers not so endowed are reserved to the States, Constitutional Jurisdictions, the Emperor and Imperial Tribe under ethnic titles and the people. To limit the powers of the Federal Union to interfere with the individual or a constituent institution is an easier intellectual and philosophical process than to limit the power of a reserve Government. Every reduction in the power of the reserve government from absolute totalitarian power of a principal polity has an intrinsic cost that is not analogous to the nature of the Union. Yet, the other fact is that individual people and institutions are not by there nature mere creations of and dependents upon the State. In fact to create a total State also has terrible costs for those in the state and the larger world. There is no single absolute way to balance the power of the whole state and the power of its constituents. This charter espouses Louisiana’s way. This Union imposes certain enumerated restrictions on all Constitutional Jurisdictions as part of the price of entry and those are to be narrowly construed but are accepted as part of the necessary humane framework of the entire union.
2. Before coming to the Bill of Rights which is in format merely the second section of this article let it be clear that a good many rights are embodied elsewhere in this constitution and are intended for protection and preservation as rights in this regime, constitutional crater and judiciary. In addition there shall be a Section titled “Rights of Persons” in the Title “Persons” of the Louisiana Royal Civil Code and these shall have the force of law and there will be a rebuttable presumption that they are protected rights under the Constitution which it shall be the burden of those infringing them are making a law to abolish them to disprove by showing no effective connection to the Constitution. Such connection cannot be generally inferred from this provision to all such rights. It is in the power of the Kingdom of the State of Louisiana to take any number of positions as an actor in the system which is in another sense the Kingdom of the State of Louisiana itself. The positions it may take are the following:
a. It may deny an asserted right to be any kind of right and assert that it is a claim which by nature cannot be a right.
b. It may agree that a right is possible in the claimed right made but it is not universal but of the type that must be established in law and it is not so established here.
c. It may agree that an established right is asserted but disavow that its exercise or protections apply to the party asserting the right.
d. It may agree that a party is asserting a right belonging to the asserting party but that its scope and nature is not such as to require the Kingdom of the State of Louisiana to act or refrain from acting on behalf of the right or of the party asserting it.
e. In addition the Kingdom of the State of Louisiana may aggressively promote and defend its own rights.
3. Those who are neither citizens of the Kingdom of the State of Louisiana nor of the Federal American Empire of the United States are not privileged under and do not hold the rights in the Bill of Rights. Within this larger group there are varied degrees of right but all enjoy a fulsome share of these enumerated rights. Others are entitled to protections under the Section “Ius Gentium” of the Title “Obligations” in the Louisiana Royal Civil Code and to the enumerated Rights following in this Section of the Constitution. The Rights Under Ius Gentium:
a. First the totality of rights under Ius Gentium shall underpin the rights of citizens under the Bill of Rights. Thus the Citizen-Subject should not be at a disadvantage to the person protected under Ius Gentium in matters of civil and political rights. This may only happen in cases by their nature anomalous and rare. Felons, those in servile relations of a larger type and children as well as others fully and regularly resident in the Kingdom of the State of Louisiana are not under Ius Gentium but are in a situation of exercising a limited share of the Citizenship rights of the Citizen-Subject although they are not citizens. Here too, it is to be believed that this person should be in a superior position in most regard to those persons of analogous low capacity, social degree or in restrictive covenant who are under the Ius Gentium. However, the Ius Gentium is intended to be a beneficent and positive protection by the Kingdom and State of those without protection.
b. The Ius Gentium shall recognize a few basic rights in the human which the State is obliged to recognize. It shall recognize how these rights may be extended or diminished. The same Ius Gentium will state how it may be obliged to apply rights from the Bill of Rights. Finally, the Ius Gentium will state the scope and limits of the authority of the Union and Empire and will specific treaty rights may operate.
c. The rights of humans under the Ius Gentium are:
i. To preserve what is necessary to carry out in good faith the business permitted by the State and Kingdom to exercise rights in normal use in all aspects of such business and to have safe conduct outside the polity on completion of the permitted business.
ii. Upon arrival whether permitted or not in under dire necessity or in good faith to have a presumption of the right to general life, liberty of personal activity necessary for decent survival by normal means and to either exchange supplies or labor or funds for safe transit out of the polity or else be given a chance for a fair substitute transaction.
iii. When neither permitted nor fully excused to be treated with transparency when dealt with by the Kingdom of the State of Louisiana and to be subject to due process and to have the right of habeas corpus apply to the degree that some agent of a responsible nation or people is notified where possible and to be protected from the depredations of actors seeking to harm these persons when the normal exercise of state power might be presumed to protect a citizen in this situation and to be regarded as a person capable of being a victim of any crime not clearly reserved to citizenship in the criminal law of the polity.
iv. A hostile has the right to be moved to the category of not permitted but not hostile as soon as the demands of war permit and also to such due of warrior’s honor or human compassion as may be proper. However the polity can and will act with little regard for a hostile’s rights in many cases under the Ius Gentium:
d. The Bill of Rights can apply in the Ius Gentium when:
i. A treaty or the Constitution of the Federal American Empire of the United States would seem to apply them directly to the person under protection of the Ius Gentium.
ii. When a custom of reciprocity has applied such rights to person of our polity among these people and vice versa.
iii. A Society or Institution of the Kingdom of the State of Louisiana has duly accepted the person under the Ius Gentium into the protection of the Bill of Rights as part of its lawful process in pursuance of a permitted goal.
iv. The person has analogous citizen’s rights or rights likewise secured which can be readily known and which it would be politic to honor by extending Bill of Rights protection.
e. Valid Treaty Rights will be acknowledged in the Ius Gentium always.
4. Rights of Distinction: The Kingdom of the State of Louisiana will also have a Constitutional Commitment to preserving rather than removing distinction within the context of allowing and supporting the exercise and assertion of widely distributed rights. Whereas the concept of separate but equal under segregation in another time may have been bordering on the ridiculous from many points of view this principle is less succinctly stated. The principle will however govern much of life and politics under this regime and in this polity.
a. First, when a right is identified as properly pertaining to someone and their exercise as lawful then the sphere and capacity to exercise that right must be substantial to the point of transcending the social order and to causing localized disruptions in the polity’s Modus Vivendi if necessary to substantiate that right.
b. Second, the exercise of a right need not be equal to that of everyone else exercising that right. Rights are always limited and they can therefore be the same right in differing degree.
c. Third, the degree to which a right may be exercised is determined with reference to legal and historic precedent, the social order and modus Vivendi of the polity and the moral contingencies of the context and situation in which the right is to be exercised.
d. Fourth, in regard to the rights to a distinct degree of exercise and advantage in relative assessment and measuring of rights the greatest preference lies with the King always.
e. Fifth, rights against interference and defensive in nature which impose no or little cost on the State or to be given a due advantage over costly positive rights when there is a conflict between the two sets of rights.
Section Two: The Bill of Rights
Subsection One: Authoritative Section Preamble
The Kingdom of the State of Louisiana recognizes that there are many forms of the Declarations of Rights and Bills of Rights in various societies. However, this Bill of Rights may nonetheless be in the end a rather unique declaration of certain rights worth enumerating and labeling in a single Bill in the Constitutional Charter of this Society and Polity. This Bill of Rights embraces those rights designated to be within it largely as limits on the power of the State or as guides to its exercise of that power.
Subsection Two: The Rights of All Citizen-Subjects

Provision One: The Term Citizen-Subject is a term which is properly a bit nuanced but there are right and obligations which are more properly those of a citizen and others of each which are more properly those of a subject and which have combined in the political and civic character of the constituent free inhabitants of this people and place.
Provision Two: The Governments and sovereigns of this polity shall not except in exceptions specified in this Constitution deprive citizen-subjects of life liberty or property outside normal legal channels. In normal legal channels and in a large degree outside of them all Citizen-Subjects are entitled to the union of rights which together from Due Process of Law as Defined in the Article of this Constitution titled Judiciary.
Provision Three: Citizen-Subjects are entitled to contract freely within the law, possibility and enforceability for the normal and likely needs and wants of the human condition and civic life.
Provision Four: Citizen-Subjects are entitled to marry, to establish domestic regimes, to enter into other lawful domestic regimes and to enjoy both the cloak of domesticity therein and the reasonable expectation of the preservation of the regime.
Provision Five: The State shall not enter into the prior restraint of publications of any kind, nor exemplary suits or punishment of publications of any kind. Its remedy against unlawful publications shall be confined to penalties defined in law, the suits for actual damages and the assistance of the aggrieved in the exercise of similar rights. Neither the State nor the Kingdom shall punish nor sue any publication except for Libel, Slander, Defamation and Treasonous Publication narrowly defined and interpreted from the language of this Constitution.
Provision Six: The Citizen-Subject have the right to petition the Legislature, the Chambers of the Legislature, the Constitutional Boards, the Parish Commissions, the King, The Queen, The Royal House and the Petit Courts on matters of policy and needs of great familial or personal importance.
Provision Seven: The right to secure a profit from business shall not be the object of legal limitation and punishment except in circumstances clearly extraordinary and for reasons of compelling policy.
Provision Eight: Neither the State nor the Kingdom jointly nor separately will make any religious membership or designation criminal in itself. The Kingdom of the State of Louisiana shall not do the following:
1. Prevent the holder of any religious belief from seeking elected office, bringing suit, participating in the Honor system, holding some possible title of nobility, owning property or practicing a secular profession or that of arms because of that belief or its direct designations and declarations.
2. Destroy any well-defined and costly religious site without extraordinary observance of due process and efforts to seek an alternative.
3. Shall not prohibit any religious societies and associations from owning property.
4. Shall not determine who can be hired or fired or the standards of selection of any clergy whether regular or merely recognized but irregular except that of the Royal Chaplaincy as such.
5. Shall not interfere with religious assembly in houses of worship, places of religious assembly nor the leasing of commercial private properties for such purposes.
6. Shall not prohibit the exchange or proclamation of religious ideas in Houses of Worship, aforementioned Religious Sites nor in the private or communal places pertaining properly to those involved in the exchange.
7. Shall not prohibit any religion from seeking religious redress as provided for in this provision. The Louisiana Law Institute and the Royal Chaplain shall in addition operate an Office of Religious Variances jointly which will seek to allow the consciences of religious persons to be honored in the operation of daily law and policy and the autonomy of religious institutions on the matters of most significance to them.
8. Shall permit any religion to prove its authentic religious quality, certify a teacher and operate within the State and Parish Religious Education system.
9. Shall not on the other hand and in balance to these negative rights prohibit the rights of the King and the Royal House to religious expression and leadership in the public sphere, nor deny the performance of religious rituals, reading of religious texts or display of religious art in the public sphere at public expense on holidays or in places which have to do with the Christian, Catholic, Orthodox, Protestant, Jewish or Aboriginal Louisiana Pagan religions of the area so long as this is properly announced to the King and does not directly attack the Monarchs, Royal House, or public Morals. Voodoo may be commemorated in a historical sense and its practitioners recognized but not be celebrated or directly honored at public expense. These three Christian religions, Christianity itself, Judaism and the religions of the aboriginal ancestors are the religions officially privileged for public expression at public expense. Of these the leadership of Catholic Christianity in forming much of the culture is noted and accepted as policy.
Provision Nine: All Citizen-Subjects have a right to representation in the Bicameral State Legislature.
Provision Ten: The Kingdom of the State of Louisiana shall not unduly limit the access of any citizen-subject or class or group of citizen-subjects from the use of public roads and highways, public transit, navigation on streams and waterways and the enjoyment of public parks. However, there will be discrimination in the use of such resources which does not deprive the less privileged from a reasonable enjoyment thereof in every public resource here enumerated.
Provision Eleven: The Citizen-Subjects shall retain rights to a reasonable home arsenal of firearms and bladed weapons defined in the law and the right to participate in larger and more regular arsenals under the Home Guard provisions of the Law and Constitution.
Subsection Three: The Rights of Some Not Citizen-Subjects

Provision One: All Citizen-Subject of the Federal American Empire, legal residents of the Kingdom of the State of Louisiana and Servile populations of the Kingdom of the State of Louisiana will be presumed to be on an equal footing with citizen-subjects on all matters and it shall be necessary for a law or constitutional provision to specify the diminishment of their right in a particular regard. These diminishments shall not fall to the level of Ius Gentium rights.
Provision Two: The British and Spanish royalty and Peerage are entitled to the socio-civic but not the political rights of our own Ordinary Nobility when traveling or residing here regularly unless otherwise specified by law or where the privilege is personally revoked.
Provision Three: Those held by the Ministry of Protocol to be members of the Maison de Bourbon in any branch or the Maison de Polignac will be given status as Guest of the Royal House in any licensed or permitted visit until it is revoked specifically to the revoked person specified.
Provision Four: When not at war with France all those on French vessels shall be entitled to most favored status in all ports whether naval, air or space and shall be entitled to French language copies of all forms, licenses and notices in the port area where they arrive.
Provision Five: Aboriginal Americans of other Jurisdictions are entitled to petition for specific observances, rites, passages and use of public lands for specific purposes of limited nature and duration as though they were citizen-subjects.
Provisions Six: The Rights of the Sovereign Monarch and Consort of the Polity always take precedence in enforcement, observation and ceremony when multiple rights must be observed.
Section Three: Servility, Obedience and Subordination in this Polity

Provision One: All these provisions are to be narrowly interpreted with liberty being the favored default position.
Provision Two: Felons and illicit immigrants can be compelled to forced labor and corporal punishment can be used to compel their obedience under such lawful, humane and compensated conditions as are created regularly for that purpose.
Provision Three: In the presence of the King and Queen unaided by artificial media or political aid all are presumed to be their actual servants as to needs and wants of a well-defined and limited nature.
Provision Four: The military services, units and forces have in their system of rank and obedience the force of law and where the law does not except an order it is lawfully binding.
Provision Five: All monasteries and convents existing under the republic are hereby licensed and all new ones must be licensed by Royal permit and those in them shall be bound in large but partial degree to the orders, rules and obedience there demanded by force of law unless excepted by law or action of the Courts or legislature.
Provision Six: Children or in general subordinate to their parents and up to the age of seven in near total subjection to their mothers and then from seven to fourteen in less but very great degree subject to their fathers. This shall in no way imply the power of life and death.
Provision Seven: Faithless Clergy may be prosecuted after a suit by their licensing religion has shown that they did deliberately, systematically and fraudulently distort or abandon the teaching and practice of the central acts and proclamations of the religion. To have done so in the interest of the Royal or Civil religious structure shall be a defense.
Provision Eight: A wife is entitled to her private property which must not be minimized by law but her share of community property is under the authority of her husband, he shall be entitled to two percent of all her wages to be withheld by the State if she works outside the Domestic Regime. He may coerce her to perform coitus. In addition a wife may be prosecuted as a Faithless Wife if she:
1. Disobeys her husband in an external crisis, natural disaster or martial attack and it is shown that this disobedience produced substantial and net harm to the children person or property of the husband exceeding harm avoided by her person, children and property.
2. Having not separated from her husband in residence, nor been beaten or mistreated seriously by him, nor been denied sexual attentions nor material needs and without having been given his consent she has become pregnant with the child of another man who is not her husband’s King, Liege or Master.
Provision Nine: A Mistress or Concubine is entitled to her private property which must not be minimized by law and her proceeds by covenant and specified establishments therein but her share of community property is under the authority of her husband, he shall be entitled to three percent of all her wages to be withheld by the State if she works outside the Domestic Regime. He may coerce her to perform coitus and in differing degrees by rank but greater than is possible for a wife may require her help and support in all things. However, a Mistress or Concubine has more authority in independence over her children with her Keeper than does a wife as regards those with her husband. In addition, a Mistress or Concubine may be prosecuted as a Faithless Consort if she:
1. Disobeys her Keeper in an external crisis, natural disaster or martial attack and it is shown that this disobedience produced substantial and net harm to the children person or property of the husband exceeding harm avoided by her person, children and property.
2. Having not separated from her Keeper in residence, nor been beaten or mistreated seriously by him, nor been denied sexual attentions nor material needs and without having been given his consent she has become pregnant with the child of another man who is not her Keeper’s King, Liege or Master.
3. Is absent without permission and for no very compelling reason for more than two weeks at a time or twenty one days in any calendar year.
Provision Ten: A Serf-Pettyholder owes his Manor Lord the client duties in voting, the Robot on Demesne and the shares of his pettyhold as well as social duties so long as his Lord complies with his own share of the duties of the Domestic Regime.
Provision Eleven: The Royal Codes and Charters have all force of Law except when voided by specified constitutional procedures. These govern the House, GAMPR, Royal Prerogative and Palaces.
Provision Twelve: Liveried Domestic Servants will enjoy many privileges of their Licensed Masters so long as they comply with the laws of Domestic Service which shall enforce the published and regulated covenants of liveried service.
Provision Thirteen: Teachers and masters of apprenticed minors operate in loco parentis accept as specified by law and constitution.

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