Tag Archives: US Model Constituttion

Racial Violence, Islam, Christianity, America and Me… Part Two

While Louisiana reels or tries not to reel from tensions centering around Baton Rouge. There are families in Texas that do not  yet feel the need to pivot mostly to our news stories. They are the families of the officers killed in the recent Dallas police ambush which preceded the one in Baton R0uge. The fallen officers killed have been identified as: Dallas Police Department  Senior Corporal. Lorne Ahrens, age 48, who had been with the department since 2002; Dallas Police Department Officer Michael Krol, 40, who had been with the department since 2007; Dallas Police Department  Seargent. Michael Smith, 55, a former U.S. Army Ranger who had served in the department since 1989; Dallas Area Rapid Transit (DART) Officer Brent Thompson, 43, a former U.S. Marine who had been serving in DART since 2009. Thompson was the first DART officer to be killed in the line of duty since the department was founded in 1989 and last in this mention Dallas Police Department  Officer Patrick Zamarripa, 32, a former U.S. Navy sailor and Iraq War veteran who had been with the department since 2011.This event was without equal in carnage of this kind in the period since 9/11  as far as killings in the United States. On that fateful day in 2001 that we all can remember who were Americans and anything near adulthood 72 law enforcement officers died in the totality of horror that is lumped together as the September 11 attacks. But this attack by Micah Xavier Johnson surpasses the  two 2009 shootings in Lakewood, Washington, and Oakland, California, where four officers each were killed as well as the recent killings perpetrated by Long in Baton Rouge.

The shootings in Dallas were also a sort of peak thus far in the attack of radially conscious black actors against a combination of the white people of this country and the policing authorities as a direct and declared target. In addition to their significance for race relations they of course have other claims to fame and infamy. Five officers  in a community which has been honored for its excellent race and community relations were killed and nine other law enforcement officers as well as  two civilians were injured when shot by a decorated ( although not at the higher levels)  and experienced US military veteran whose life shows many of the tensions and stresses of life in America in his generation from his upbringing in Mesquite Texas, to his birth in Missisisippi. Most of the victims were shot during the protests, where they distinguished themselves by maintaining an unthreatening demeanor and presentation of a policing force. At least one Officer was killed  during a shootout that developed after the killer launched his attack.The dead comprised four Dallas Police Department (DPD) officers and one Dallas Area Rapid Transit (DART) officer. Four of the injured officers were from DPD, three were from DART, and two were from El Centro College. Seven of the injured officers were treated at Parkland Memorial Hospital, famous for recieing the fallen President Kennedy. Two officers underwent surgery. One civilian was shot in the back of the leg, breaking her tibia.

Unlike Baton Rouge, no Black Officers were killed in the attack and the shooter was part of the city and community  in which he did the killing.  I reacted to that deadly attack on police with a post referenced here. I will not spend very much space or very many words revisiting that attack in this post.  There has been significant research into the background of the Dallas Cop Killer Micah Johnson who also had other names. The deceased and almost-certainly-correct-and-yet-never-to- be-tried-because-he-is-dead shooting suspect, Micah Johnson, had no criminal history.  In terms of understanding what happened in Dallas there are different levels  of understanding.

Micah Xavier Johnson had a number of aliases and one was of the Anglo type and the other was Islamic or at least Arabic with Islamic resonance.  He visited assertive  and strident political causes online and investigators found that he liked several websites dedicated to Black Lives Matter and the New Black Panthers. But he was also involved with groups that are seen as going over the line of respectable discourse in this country —  the Nation of Islam and the Black Riders Liberation Party, two groups the Southern Poverty Law Center considers hate groups.  The Nation of Islam stands out as the only one with a strong Islamic connection but there is more evidence of his interest in Islam.

Dallas shooting montage

There is no shortage of racial tension in the United States nor has there been in my lifetime and there is no single image, event or idea which epitomizes race relations here. There is no single person who embodies the experience of all or even most white people or black people in the country. There is no single position on a gauge which really accounts for how good or bad race relations are, that is the truth.  But truth, as I have cited John Denver’s song for saying many times, — is hard to come by.  The relations between the races in America have a complex reality and a complicated history. Before even getting to the many legal, economic, procedural,  and religious questions that are pertinent to this post there is also the question of language and terminology. The first image in this article is a montage of people including Steph Curry, Mariah Carey, Jeremiah Wright, Soledad O’Brien, Vanessa Williams and Corey Booker who currently identify as Black. That is a legal, political and cultural decision. In the State of Louisiana where this post centers its attention people like them — who look like them and perhaps more than that have not been considered Black. This division into Black and white was accomplished in large part getting people like this to accept the designation of African-American. But the same processes and struggles had been ongoing long before that particular drama of terminology… Polarizing the country into Black and White even occurs to some real degree in a country of white and non- white. But there has been a middle ground approach which in our history also fostered greater sensitivity to 0ther differences within a responsible context. This post will get into that history a bit below. I have proposed addressing that set of realities which is represented in this discussion in my model constitutions which take up many posts and pages and in my writing about them in posts such as this and this.  The current crisis is nothing compared to what may be coming down the road if we do not address our situation well.
Colored African Americans montage

The  place where I am writing is a place with very specific racial history which is very significant in the United States of America. Every other place may have a thing which they may have done with racial overtones that falls across the line of history into the realm of legends where history joins folklore once again. But South Louisiana has many claims to fame in racial history. Perhaps if a few are listed they will add to the discussion of racial identity and relationships in America

The Battle of New Orleans is one of those parts of American history which was an enormously important event which has been minimized by various group over the years for political reasons. Many of these varied minimizers would hate and despise each other more than anyone involved in that important battle and some in fact have hated and despised each other — but nonetheless it has been a very important event which could not be accepted by many as decisive in American history and occurring as it did. One of the reasons that the battle of New Orleans was not given the fair share of credit it deserves in the age of Jim Crow segregation was because of race relations and racial identities among those in the flotilla of Jean Lafitte. Today there is little incentive to resurrect the sources buried then because Blacks were not equal in the complex reality of the period but they had vastly more opportunities and nearly equal positions than at many other times and places. In addition the society as a whole had both better (not well known) and worse (very well known) positions for African Americans of various identities including but not limited to the free negroes. Mulattoes, Quadroons, Octaroons and others of mixed race could be slave or free but they were not negroes. Sometimes the differences were large and sometimes they were slight.

Acadians who increasingly are called Cajuns have a white identity which is careful and as nuanced as whatever the society they are in may allow but they are a white ethnic group which has attachments to non-white groups that included their involvement with Jean Lafitte. the arguably very small act of setting up a relationship with Jean Lafitte and the Baratarian Association specifically to provide for the defense of their interests in the region and of their own lives and liberties from the depredations of the British.  The person who would have been most in charge of this activity would have been Gils Robin. The memories of this period persist across Acadiana.  

There is a Jean Louis Robin Canal and a Jean Louis Robin Lake to this day in South Eastern Louisiana. In the aftermath of hurricane Katrina  journalist Ken Wells did a book published in 2008 about the family still building their own boats and navigating the waters of that region. Today they are only partly Cajun culturally and genealogically  and have become part of another cultural fabric beside the homes of their Cajun ancestors. But in his book they remember the ties between the outlying Cajuns of that region  the pirates and privateers of the Barataria Association. Folkloristically, the story would be more or less that the brothers Gils, Martin and Jean Robin would have moved to the region shortly after the Acadians had settled in the Lafourche region relatively nearby. Their small community would have ties to  Attakakpas and Oppelousas Prairies of  Louisiana in the West as well as with Lafourche. Martin Robin who was a godfather to one of the Lafitte children was the grandchild of one of these brothers. Jean Lafitte also had a number of titles he sometimes used that are capable of being given Cajun interpretation unique to it Helllenic Centre Ouest Languedoc vernacular.  But the words have other possible explanations. In addition to the role Lafitte played in the Battle of New Orleans which was crucial in terms of artillery and supply and guides to the waters of the area Cajun units also fought in the area. Future Governor Henry Schuyler Thibodaux was a Lieutenant who saw action there. In addition Cajun or Acadian units served in several parts of the encounter. The service record was perhaps mixed in that battle but while some Acadians may have been farmed out to the other units and deployed some real expertise in throwing up defenses along the wetlands it does seem to be likely that the plurality of Acadians served on the ill-fated West Bank line under David Morgan.  Morgan had put his troops in a more or less indefensible position to support Patterson, the artillerist not from Lafitte’s group. The bad position was exacerbated by the Kentucky riflemen in the unit who were sick exhausted and without Lafitte and others from Louisiana would have been unarmed for all practical purposes. At the moment of the attack all witness blamed the break in the line on the lack of courage not of the Cajuns but the troops from Kentucky. However, a court of inquiry found them also without fault because the position was so ill conceived and because the overall glory of the event was enough to overshadow the failures. Nonetheless men  very likely to biased in favor of the Kentuckians over the men from South Louisiana thought they broke first.  So the ties between my own ethnic community and the Creoles of color are both deep and important ties.

Picture map creoles

The most fierce fighters on the American side in the battle of New Orleans  may well have been the Free Blacks. I did write earlier that no North American Colored officers existed before the Confederates of the Louisiana Native Guard. However, anyone who knows the battle well will remember Major Savary and Lieutenant Listeau were officers of color who fought in the battle. However, it seems very likely that their commissions like many titles of the era were carried over from other service. They held commissions as Spanish troops in Santo Domingo and the US recognized those commissions. This was intended to be temporary. Dominique Youx the Lafitte artillerist who played the most significant role of direct fighting by any Baratarian is of uncertain  (certainly not Cajun) ancestry and became a respectable citizen of Louisiana when others went to galveston for  the chance to continue a disreputable way of life.  He likely had some colored ranking people in his unit but they were not formally commissioned, that leaves Listeau and Savary as exceptions to my statement about the Louisiana Native Guard. The Spanish had a few knowingly and  officially commissioned colored officers in the Caribbean but not in their North American forces. Nonetheless, the victory at New Orleans was the greatest in American history at that time by many measures and Cajuns were there. So also were many creoles of color not all of whom considered themselves black or were considered such.

President Barack Hussein Obama has explicitly condemned the supposed absurdity of words and ideas such as “Octaroon”. He has been quick to make every African American Black in his ordinary speeches and has few real options given his ideology. He  has presided over the dismantling of the Confederate Heritage preserved in monuments across much of the South. He has added to the  impossibility of seriously examining the Confederate legacy as regards race relations. All those things listed above I believe to be demonstrable parts of his presidential legacy. But the truth is that the lack of understanding and discussion of the racial realities — realities we may not understand but which we nonetheless use to guide every day decisions that affect millions — has been badly inhibited for a long time.

I think that the constitutional realities were less than ideal for Micah Xavier Johnson, that does not excuse him for avenging Philando Castille and Alton Sterling as he did. But he was a man who had a gift for killing and attacking and for forming passionately held political convictions.  A child of divorce and a marginal student he found a way to honor and decency in the US military. But he came home an alienated and violent man in an individualistic and dishonest society.  Alienation underlies the violence,rage, unreasoning rhetoric and chaos coming from much of the Black community today. Alienation affects many others in our country and I think in part for constitutional reasons.  That includes alienated white southerners and many cops.

But the Cajun people with whom I most identify have suffered enormous alienation in this country.  For Cajuns it was often the case that there was a sense of facing three unpalatable realities at the same time. It was a cultural shift from a time when French heritage and American citizenship had enjoyed a more promising and positive relationship than they were coming to have in the years between 1865 and 1943. The portraits of Marie Antoinette and Louis XVI had hung in honor in the halls of the Congress in Philadelphia before the Capital was moved to Washington and the District of Columbia. The Louisiana Purchase was both a friendly act and one which established a very definite equality between Citizens of France in Napoleonic Imperial Louisiana and those of the current United States of America. The result was a new country which was in a real sense a merger of two societies. This unity had been imperfectly but impressively sealed in the Battle of New Orleans. While other states, like Missouri would find themselves under the British common law after entering the Union, Louisiana itself at least would remain under the State’s new version of the French Civil Code. In 1847 the first laws describing language in schools were passed and the assurance was made of right to English only, French only and bilingual education. The Acadian Governor Mouton had from the Cajun point of view presided over the zenith of antebellum life in Louisiana before the forces of chaos and destruction which led to the Civil War were pouring across the region and were contested by his son Alfred Mouton. That same Alfred Mouton was killed in that war and so it was to that same golden age which Margaret Mitchell commemorated in Gone With the Wind was in fact a golden age in memory for many Cajuns as well. The horrors that followed were no less horrible for them than for other Southerners in fact they may have been worse years to come on average but the complexities of the period which followed were not going to be simply defined. Postbellum America was an increasingly alienating and hostile place for Acadians to live out their lives and destiny as Acadians or Cajuns.

But one may well argue that Black people are far more alienated and that certainly the Confederate monuments help to alienate them and cannot possibly point to anything that Black or other African American people  would relate to in a way that might point to a path forward. A path rooted in Christian experience primarily, in the leadership of whites but in hope for full realization of African American  potential. Probabaly most people who feel that way would still feel that way after reading this post but there are other arguments to be made from the facts. There is no way to avoid writing that despite all that has been written by very many competent people about the issues related to race in these decades I find that there are many large areas of important experience that are not duly explained.

While the Code Noir of 1685 was not the law in effect in Louisiana in 1860 it was still the strongest single source of the legal spirit behind the Louisiana Civil Code and the customs and practices of the State. That law stated in its final article the following: Article LIX. We grant to freed slaves the same rights, privileges and immunities that are enjoyed by freeborn persons. We desire that they are deserving of this acquired freedom, and that this freedom gives them, as much for their person as for their property, the same happiness that natural liberty has on our other subjects.

An ocean of ink has been expended to show that by no means did any spirit of this law exist in the South. That has been done by those of a more Southron party and disposition and those more inclined to extol the benevolence of the wonderful Union reconstruction. There is evidence that much of that ink does not deal adequately with the facts as they existed in Louisiana. We see that in the period of time immediately following Louisiana’s secession, Governor Thomas Overton Moore issued pleas for troops on April 17 and April 21, 1861. There is a great deal to be learned from the incidents related to the creation and the rest of the story of the Louisiana Native Guard. So that story is outlined here in brief. It remains in testimony to realities of that era.
In response to the governor’s request, a committee of ten prominent New Orleans free people of color who included people across the color spectrum which in their society was not the only factor for determining a family or an individual’s rank but was the single most important purely social factor in a complex social system. The certified were a group of people less than one eighth Negroes who were proven to be committed to the social order of antebellum Louisiana and these enjoyed a special relationship with the Creole and Cajun elite. These people were being woven into the fabric of the merged culture of Louisiana after Statehood until the War. Below them were the Octoroons, the Quadroons, the Mulattoes and the true free blacks. Writers today will tend to call all of these people free blacks and they have their reasons for doing so but that is not how they saw themselves. This complex and racially conscious and stratified community was represented in this Committee of Ten who called a meeting at the Catholic Institute on the 22d of April. About two thousand people attended the meeting where muster lists were opened, with about 1,500 free men of color signed up. The anglo Southron Governor Moore included in all the proper and ordinary channels these applications and included these men as part of the state’s militia. The Louisiana Native Guard is so named because they were natives who were not quite citizens but they were accepted as armed patriots in the Confederate cause. It bears adding that while this text asserts that Acadians were largely very free under the laws of 1685 many French people were not. Thus in the way of thinking of many in Louisiana including most Cajuns these freed people had preserved the kind of liberty and status a 1685 Frenchman would have who did not enjoy the freedom of a Coutume, a religious order, a knightly order, a chartered city or a privileged family. That was still a real level of freedom. Ancient Acadian rights, the Louisiana Purchase and the US Constitution allowed the Cajuns more freedoms to which the freedmen were not a party. Likewise the “Kentucks” as Cajuns sometimes called the newcomers asserted the rights of Scotsmen, Englishmen and the rights of the Louisiana Purchase and the US Constitution. Those were rights to which these people were not a party but did not preclude them from preserving the rights of French Colonial Natives which were transferred as an unspecified adjunct to the rights of Citizens under the Purchase. So the new militia regiment of colored Natives was formed during May 1861. The men were mostly but not all from the Francophone community, some members of the colored Confederate regiment came from wealthy prominent gens libres de coleurs families. they filled the majority of NCO posts initially but the majority of the men held the rank of private soldiers and were in civilian life clerks, artisans, and skilled laborers. at the end of that fateful May on the 29th in 1861, Governor Moore appointed three white officers as commanders of the regiment, and company commanders were appointed from among the larger group of elected non-commissioned officers. This volunteer militia unit was the first of any in North American history to knowingly have African-American officer. That is not because there had not been colored soldiers under the United States, Britain, Spain and France. It was Louisiana as she rose up for Dixie that chose to take this step.Though ten per cent of the members of this Confederate unit would later join the Union Army’s First Louisiana Native Guard, the two are regarded by most as separate military units. It is one of the tragedies of the falling and failing South that these men never fired a shot in anger as Confederates against the Yankee invader. While there may be many other stories for which their fate is a better one for a Cajun view of what the South it was supposed to be it was a sign of bad times to come. It indicates something about the customs, commerce and status of person in Louisiana that these Native Guards were traditional American militia volunteers, and as such supplied their own arms and uniforms. One here is reminded of another article of the Code Noir, as follows: Article XV. We forbid slaves from carrying any offensive weapons or large sticks, at the risk of being whipped and having the weapons confiscated. The weapons shall then belong to he who confiscated them. The sole exception shall be made for those who have been sent by their masters to hunt and who are carrying either a letter from their masters or his known mark.

There is every reason to believe that the even as the Code lived on in more current laws regarding arms restrictions strictly enforced against slaves were not applied to these men in their daily lives before the war.These were displayed in a grand review of troops in New Orleans on November 23, 1861, and again on January 8, 1862. The terribly wasted troops offered their services to escort Union prisoners taken prisoner by the Confederate forces at the First Battle of Bull Run. One could imagine that this could have been done with white troops as well and with international observers it might have been a means of showing the possibility of Confederate policy working out a secure future the abolitionist powers they sought to ally with as they marched through New Orleans.But this would have required the kind of social daring the COnfederacy would usually lack.

Confederate General David Twiggs failed to accept the unit’s offer, but thanked them for the “promptness with which they answered the call. That was a response that reflected the way such transactions occurred in the military. The Louisiana State Legislature had begun to change the society into something new when they passed a law in January 1862 reorganizing the militia into only “…free white males capable of bearing arms… ”. The Native Guards regiment was effectively disbanded by this law on February 15, 1862. Despite the change in racial ideology already starting Governor Moore used his executive powers to reinstate the Native Guards to oppose the U.S. Naval invasion. But when the regular Confederate forces under Major General Mansfield Lovell abandoned New Orleans the whole system was plunged, into disarray. Cajuns served in the regular Confederate Forces and had militia units advancing to defend the city as well as the unauthorized units that have always been part of the culture who hoped to join in the fight in their traditional guerilla manner. But none of these units did well when the Confederate forces withdrew and the militia units were left to fend for themselves. The Native Guards were subject to the same relative disgrace and so it was no great surprise that they were again, and in finality, ordered to disband by General John L. Lewis, 1862, as Federal ships arrived opposite the city. General Lewis of the Louisiana Militia as he sent word to their units deployed in useless positions disbanded these colored Confederates and cautioned them to hide their arms and uniforms before returning home. He also began the process requiring them to hide their COnfederate service, later ten percent of this unit would serve in the Union and be among the most distinguished colored troops. Some came to the irregular Cajun militia according to spoken tradition and assisted in the armed and highly secretive smuggling supplies to Confederate forces during the war. None of those ever received much recognition even though some did fire shots in anger at Union forces in these irregular units. The white creole Colonel Felix Labatut maintained the belief that colored troops could make a difference and was proven right by the Union service with distinction of his former officers Cailloux and Morrison in the cause of the Yankee invaders.

The moratorium of colored troops by the South certainly did not limit the deployment of colored troops by the union. Whatever the injustices and horrors of the slaveholding South may have been there were plenty of woes in the war and reconstruction that followed. From the Cajun point of view it was a bitter irony to lose possible GLC units and see that throughout the war and in the time of the period after end of hostilities in the Civil War was a time in which Cajun folklore reports that people believed that Yankee bureaucrats had motivated and armed a quarter of a million freed slaves and loosed them in strongly encouraged rage upon the Southland. This period followed the kinds of endless horrors described in books like Yankee Autumn in Acadiana and local institutions of my ancestors rolled over to face the new challenge. the Knights of the Invisible Empire of the Ku Klux Klan Also known with the same name given here but with the word White preceding all the others i.e. “White Knights…” also known as the Ku Klux Klan, the KKK and the Klan. The Klan share many motifs, traditions and operating procedures with the much older Ridelles and somewhat older Comites de Vigilance that existed among the Acadians. However, the Klan always had it own symbols too and those grew in importance and common symbols declined. The Cross-Lighting was never an Acadian symbol but perhaps went with the ideas of ethnic differentiation that are very Acadian. Knights of the White Camellia have been basically a special Louisiana version of the Ku Klux Klan. The name is a triple entendre it references the beautiful flowers of this area, the legendary kingdom of Arthur of the Round Table, and the Chivalric legacy left by French Catholic  Christian Prince Camille de Polignac, a fine specimen of all that being white as well as being human can offer. Aside from a relatively long list of titles his ordinary name was Camille Armand Jules Marie, Prince de Polignac.  He was a handsome, well educated, musical, mathematical, valiant and well traveled aristocrat who was a Confederate General during the Civil War. This Prince took command from the Acadian Confederate General Alfred Mouton after he died achieving the last major victory under the Confederate flag. Cajuns cannot be expected to say that right or wrong as life may be there is nothing to be admired in this Prince that is absent in a miserable ignorant Black field hand given a gun and a few weeks training. The Prince as a friend of Mouton embodied a sense of the lost potential of Acadiana to bring the South into a prominent place in the world. Christian institutions in the White Supremacist South did offer a flowering of African American potential and that flowering was largely vandalized by Southern factors but also by the union. Getting rid of Confederate heritage will not mend our woes. The roots of our struggles these days in my opinion are in various forms of alienation and a solution I could tolerate will start with telling the truth. Telling the truth many times in difficult ways will not solve the problems alone but it will  be part of making a start at solving the problem.

Racial violence is not going to end tomorrow. Ending racial violence cannot be achieved in isolation form other challenges.  I believe that we need radical change. But most radical change is bad. Getting the right radical change when it is needed is almost miraculous….



I have posted about race in America before on more than one occasion. This is a link to one such post. But I will provide much of the text as needed here below.  It is only a moderately distilled and limited boiling down of the original in the next few paragraphs.  There is some effort to cover the news but there is more than that an effort to discuss how a great deal of America’s trouble seems to me, it is made real by near experience.  That includes a sense that law enforcement and the judicial system are not exactly fixed in the role of protecting me from outside invasion — they have other roles as well. In following the economic collapse and in 2013 the official financial bankruptcy of Detroit, I remembered my ex-wife’s trips to Troy and our entertaining one of her supervisors when she came to Louisiana. I also remember my numerous trips to Michigan. I remember troubled neighborhoods and cities I have visited or lived in around the world.  The school shootings remind me of my many experiences in schools. The soaring prison population reminds me of my many visits to and interactions with prisoners. One of the pastors of the church parish to which I belong and which I have regularly attended most of the last fifteen years has been to prison. Governors Edwards and Leche, Attorney General Jack Gremillion, Commissioners Brown and Roemer (Roemer was the father of Governor Roemer) all went to prison.  One of the more successful members of my father’s law school class who was also one of his good friends went to prison. Several of my first cousins have gone to jail and a sizable number of my friends and classmates over the years have done time.  Those numbers are not an abstraction for me. Lots of prisoners are black and a lot of others are in some way tied up with the results of our attempt at a misguided racial revolution.  But misguided or not I do understand to some real degree the resentments and fears of many black people in the United States.  I could empathize with black kids protesting over the Trayvon Martin shooting who were afraid of getting shot and the many whites and Asians not protesting who are afraid or disturbed by the racist Black masses of vengeful, ignorant people who harbor those calling for blood, making death threats and collecting money for bounties. This is a real tension and crisis but there are plenty of people who are not black who are concerned about run-ins with the police.  When discussing the Trayvon Martin case the role of the President in responding to this crisis is very debatable but it surely can be said that it was not quickly resolved or defused.

White House redo

We all have images of what leadership should look like which are not simple portrayals of reality.

Much of the current Black Lives Matter movement began with the shooting of Trayvon Martin.  But actually it was less on the fateful night of February 26, 2012,  when in Sanford, Florida of these United States, George Zimmerman delivered the bullet that killed Trayvon Martin that the protests really became intense.  There were large protests that Trayvon’s killer was not charged. the masses of Blacks who erupted in the streets in those early days could make some claim to acting within reason. The original discussion focussed on the factual reality that after the largely untrained and officious Zimmerman shot Martin, who was young and  unarmed, during an altercation  which went on in the context of some kind of policing by Zimmerman and became physically intense between the two men and he was not charged with anything. The police who arrived were perhaps predisposed to see his side of things (so it could be argued) because they were responding to an earlier call from Zimmerman, the police had fresh and clear evidence as well because of the call and the fact that they arrived on the scene within two minutes of the shooting. Zimmerman was taken into custody, treated for head injuries, then questioned for five hours — a reasonably thorough response but still not as exhaustive as many. The police chief in charge of the investigation and arrest stated that Zimmerman was released for lack of  evidence to refute Zimmerman’s claim of having acted in self-defense. In fact it did seem to be the case that  under Florida’s Stand Your Ground statute, the police were prohibited by law from making an arrest in this case. But the optics were at least controversial and the protests might be just. They became intense  and also really anti social in a new way when the issue became different. Right or wrong Zimmerman was arrested and charged for the fatal  shooting of a 17-year-old African American high school student.  The shooter was a significantly battered  28-year-old mixed race Hispanic man who was the neighborhood watch coordinator obviously doing his earnest best for the gated community and in this situation he killed Trayvon  Martin  living with relatives there and he was acquitted on July 13, 2013 and the protests began to deny the basic legitimacy of the justice system. This dislocation from a watchdog of the system was intensified when the protest spewed hatred at many parties when on February 24,  2015, the United States Department of Justice announced that “there was not enough evidence for a federal hate crime prosecution.” In that intense 2013 period there was another set of racial realities on my mind.

The posts I wrote about the Trayvon  Martin case came at a time when I would rather have been paying tribute to a local and personal connection in an uncomplicated with one of that  same  year’s National Medal of Arts recipients: A man who has had his work put into successful television formats, who has a center named after him in my undergraduate alma mater, who has had his work and career recognized in many ways as this native of Louisiana and former Stanford University Stegner Fellow Ernest Gaines had that same year at eighty years old received an important  award from the hands of President Barack Hussein Obama. Gaines was the only novelist on the National Medal of Arts list that year – he had already received the National Medal for the Humanities in 2000 and a similar honor from France and his work has been translated into Chinese and most large European languages.  Poets and novelists have been awarded regularly the National Medal in both categories but I am not sure how many have received both awards.  The language of the citation includes the following statement that Gaines is “recognized for his contributions as an author and teacher. Drawing deeply from his childhood in the rural South, his works have shed new light on the African-American experience and given voice to those who have endured injustice.”

Gaines was born more than 80 years ago on the River Lake Plantation near the small town of Oscar, in Pointe Coupee Parish, Louisiana. His ancestors had lived on the same plantation, River Lake, since slavery, remaining after emancipation to work the land as sharecroppers for five generations. Gaines and his family lived in the houses, much expanded, that had once served as slave quarters. His parents separated when he was eight; the strongest adult influence in his childhood was a great aunt, Augusteen Jefferson, crippled from birth, who crawled from kitchen to the family’s garden patch, growing and preparing food, and caring for him and for six of his brothers and sisters.

This became the setting and premise for many of his later works. He was the oldest of 12 children, raised by his aunt, who was crippled and had to crawl to get around the house. Gaines’ first years of school took place in the plantation church. When the children were not picking cotton in the fields, a visiting teacher came for five to six months of the year to provide basic education. Gaines then spent three years at St. Augustine School, a Catholic school for African Americans in New Roads, Louisiana. Pointe Coupée Parish, “Negro schooling” in the Parish did not progress beyond the eighth grade at that time.

At the age of fifteen, Gaines moved to California to join his mother and stepfather. He wrote his first novel was written at age 17, while babysitting his youngest brother, Michael. In 1956, Gaines published a short story, The Turtles, in a college magazine at San Francisco State (SFSU). He graduated in literature in 1957 from SFSU. After spending two years in the Army, he won the Stegner, a writing fellowship to Stanford. In most years since 1984, Gaines has spent the first half of each year in San Francisco and the second half at the university in Lafayette, Louisiana, where he has taught a workshop every autumn. But in 1996, Gaines did spend a full semester as a visiting professor at the University of Rennes in France where he taught the first Creative Writing class ever offered in the French University system  Gaine  remains deeply rooted and he and his wife a home on part of the River Lake Plantation where he grew up.[ He has also had the church he grew up with moved to his property.

He has been open about what he most treasures from those days, “I was raised by a lady that was crippled all her life but she did everything for me and she raised me,” he wrote. “She washed our clothes, cooked our food, she did everything for us. I don’t think I ever heard her complain a day in her life. She taught me responsibility towards my brother and sisters and the community.””

Ernest Gaines has at least two ways in which he has walked the path of a man of letters, a race man and a son of Louisiana.  One part of his legacy is his work and life as a writer in residence, commercial success and regional celebrity. That must be taken into account in any assessment of his work and its impact on racial identity and politics. In that area he has been about the advance of his racial group as well as himself.  When I was at enrolled the university where Gaines taught I was never enrolled in one of his classes, I did however attend lectures he gave, two of which were hosted by Dr. Patricia Rickels, now deceased,  whom both of us knew very well and who was both in the English Department and head of the Honors Program to which I belonged.  I spoke to her and students who knew him well about him much more often than I spoke to him and I read his books and bought several although at a time when I often got books signed I never had his books signed nor asked him for anything that I recall except once for his plans for classes in the coming semester which I recall he did not much appreciate.  Gaines was a well dressed, disciplined man who was an intimidating physical specimen and more often in the national spotlight than anyone else in the Department when I was there. A strong academic, a strong son of Louisiana and a strong Black man – he was all those things.

The other side of Gaines is his writing itself. He preserved characters and scenes of White Creoles, Cajuns, Anglos and other people along with the African-American characters often described in ten different ways by use of the same “N word” now left out of some versions of Huckleberry Finn. The black people are humans with hopes, dreams, consciousness and aspiration. In A Gathering of Old Men, there is cowardice, backwardness, ignorance and folly portrayed with realism in the African-American Community. There is also courage, cleverness, hope and community as old men with shotguns having fired a shot face down the white supremacist Cajun establishment.  In the Autobiography of Miss Jane Pittman there is failure and lack of achievement but also perseverance, a struggle for decency and a triumph of continuity.  In A Lesson Before Dyingthere is a bit of heavy-handed moralizing, racial philosophizing, and more Black assertiveness than anywhere else but there is real pathos, tender regard for life and law and compromise as people of all colors find them.  These are likely his most important works but not as revealing or upsetting to mainstream America as some of his lesser pieces.  I have always liked reading Gaines and found him fulfilling to read as well.  I once gave a copy of a Gaines novel, I believe it was Of Love and Dust to a friend and relative of mine, now deceased, who was a self-identified White Racist and asked the person to read it and get back to me. The response as best I recall it was, “That N***** can write. I really could hardly put the book down because it is story you feel. He knows and sees everything I do about N****** and he writes in a fully N*****ish fashion but he makes you think about what is right and how people should relate to each other because you know he is not afraid of the truth.”  Gaines has a unique voice, I doubt that friend would have read an entire book by many other Black writers and maybe none at all who wrote about Blacks chiefly.   Marcia Gaudet of the University of Louisiana’s Ernest Gaines center was quoted by a West Coast interviewer associate with the Stanford University where Gaines has long had ties and she said: “His literature is based on memory of the past, and it’s somewhat different from that of many African-American writers of the mid-20th century, who based their work on erasure of that past and moving their characters to Northern urban settings. Gaines was one of the first to go back and look at what the hardships were.” I pay tribute to Ernest Gaines here. But we all know that the arts alone will not save our society — they have an important part to play but it will no alone decide our fate.

The school shootings and other mass killings which Obama has loved to lump in together in his cries for gun control are not all racially motivated. The toll they take are also both real and significant. But so are all the acts of violence, disorder and depravity which destory our quality of Iife and do not involve a gun It is hard to see how the Rolling Stone cover of Dzokhar Tsarnaev helped to address the problem then or why  it helps that nobody can discuss the fact that police and much more so unarmed white citizens have been driven by violent and disorderly blacks for so much our American heritage in a sustained campaign of ethnic cleansing.. However, it does remind us of how real our social problems are today.  This is a society in crisis. I have a different perception of the Tsarnaev’s to add to the big picture of who they are which includes them being Muslim, Chechen, young, living in Boston and a dozen other realities that defined who these brothers were and who Dzokhar still is. But I want to think about their sense of ethnicity and identity and heritage in a society without very strong moorings in that regard. The alienation they felt led them to radical Islam and we have found a kindred and connected set of empathies in the recent cop-killers which is outlined in this post. Alienation and an inability to seriously understand diversity, federalism and sicuss one’s own background with those who surround one’s daily life — these are realities of American daily life.

If it is dangerous not to know one‘s self and it is dangerous not to know the world it is also more dangerous than some would think not to know the elements of one’s history as played by one’s neighbors. I am an Anglo-Acadian. I will not be discussing that heritage here as it relates to the Confederate heritage or American heritage but I have written of such things elsewhere .  The word Christian was first used in Syria. It makes all Christians weak that there are few Christians left there and a priest was beheaded and it was scarcely reported here.   We are living in a deadly blindness and are seeking a solution in trying to wipe out our own white supremacy for no particularly good reason – rather than trying to make it better. The Trayvon Martin movement is full of racist and violent blacks who want to control the country but not themselves. We are running out of time for a good plan.

Besides the Trayvon Martin protests, the bankruptcy of the City of Detroit and the collapse of al sense of a real legal system I have learned other things.  I learned them over a life which has been punctuated by crises before the current cop killings. I have made proposals here which seem radcial and far-fetched and even if they do not seems such have a small chance of success. But they are serious proposals. Such proposal have in large part come about from the realization that it is a demonstrable fact that cowardice, corruption and cruelty are normal in governance and yet fatal as well and those who live in such modes of what might be called evil often applaud themselves most loudly for doing their best. I know hard times loom large and am aware of the fact that life is without apparent justice in countless cases, but I am trying to be part of creating a plan for a better future. My model constitutions have already spelled out the answers I would propose. What I am asserting here is mostly that the course we have been on will not work and will not be survivable if continued.  Race and ethnicity must be faced and understood differently and that must happen soon. Doing it right will matter a lot.
I have decided to write most of everything I write from now on in preparation for the future which has stretched out so bleakly and horribly ahead of me for so long to be vastly worse than it has long been. I think that the time will be coming soon enough when I will sign off my web presence entirely but I will at least have written the things I will have wanted to say as the years of living hell extend into a limitless misery at least until death. I need to set a frame of reference I suppose, the person I respect the most among the living in the world today is me. That does not make me happy but it is the truth.

The truth of much policy and political philosophy is that it exists framed and living in a dialectic between that which must be done in a crisis and that which can be reasoned and properly debated in relative leisure during times not defined by a particularly urgent crisis.  Lives like those of Gaines and others do map out a path of the minds that must engage the crises in which we live. History well understood makes it possible to be better informed about what is possible in a the new time in which we live. But we must have the basic facts and realities of society clear enough for our decisions to possible matter .  The struggle of every society to formulate policy and then to put it into effect is one of the great themes of history although it may less often make its way into the titles of books or even their chapter headings. The truth is that most good historians telling most good and important histories have at least some interest in how the people of a given period discussed and intellectually prepared for a great historical crisis when it was incipient, developing and the then escalating. The activity during the time when the crisis is acute is not likely to produce original theoretical frameworks or innovative discussion which is really excellent. Instead those acting in the acute stage are often doing more than can be expected if they can reach for and apply the best theories and remedies which have been reasoned out and proposed in advance.


There is no shortage of information out and about which connects Islam to terror, here is such a post. The concern about how intense and intrinsic the basic disagreement with Islam may be is also something which has been discussed here and there online.  The first link given has John Quincy Adams expressing the awareness of a basic animosity in Islam itself. The second post shows how Sarah Palin feels that Iran is outside the pale of diplomacy and how this relates to Islamic governance there.

One of my Facebook friends who also purchased the house I was living in before recently moving into my grandparents old house has long published a string of posts about Islam and its history with the West. I publish one of those posts here. It is unattributed beyond him but the facts are more or less right — with the exception that Crusade is a Christian word and Jihad is the Muslim equivalent. I reproduce this post from a man whose names start with the initials P. P. only knowing that it is largely correct and also expresses the feelings of a real American in my own sphere of contact and influence:

630 Muhammad conquers Mecca from his base in Medina.
632 Muhammad dies in Medina. Islam controls the Hijaz.
636 Muslims conquest of Syria, and the surrounding lands, all Christian – including Palestine and Babylonia/Mesopotamia (Iraq).
637 Muslim Crusaders conquer Iraq (some date it in 635 or 636).
638 Muslim Crusaders conquer and annex Jerusalem, taking it from the Byzantines.
638 – 650 Muslim Crusaders conquer Persia (Iran), except along Caspian Sea.
639 – 642 Muslim Crusaders conquer Egypt.
641 Muslim Crusaders control Syria and Palestine.
643 – 707 Muslim Crusaders conquer North Africa.
644 – 650 Muslim Crusaders conquer Cyprus, Tripoli in North Africa, and establish Islamic rule in Iran, Afghanistan, and Sindh.
673 – 678 Arabs besiege Constantinople, capital of Byzantine Empire.
691 Dome of the Rock is completed in Jerusalem, only six decades after Muhammad’s death.
710 – 713 Muslim Crusaders conquer the lower Indus Valley.
711 – 713 Muslim Crusaders conquer Spain and impose the kingdom of Andalus. The Muslim conquest moves into Europe.
718 Conquest of Spain complete.
732 Muslim invasion of France is stopped at the Battle of Poitiers / Battle of Tours. The Franks, under their leader Charles Martel (the grandfather of Charlemagne), defeat the Muslims and turn them back out of France.
762 Foundation of Baghdad.
785 Foundation of the Great Mosque of Cordova.
789 Rise of Idrisid amirs (Muslim Crusaders) in Morocco; Christoforos, a Muslim who converted to Christianity, is executed.
800 Autonomous Aghlabid dynasty (Muslim Crusaders) in Tunisia
807 Caliph Harun al—Rashid orders the destruction of non-Muslim prayer houses & of the church of Mary Magdalene in Jerusalem.
809 Aghlabids (Muslim Crusaders) conquer Sardinia, Italy.
813 Christians in Palestine are attacked; many flee the country.
831 Muslim Crusaders capture Palermo, Italy; raids in Southern Italy.
837 – 901 Aghlabids (Muslim Crusaders) conquer Sicily, raid Corsica, Italy, France.
869 – 883 Revolt of black slaves in Iraq.
909 Rise of the Fatimid Caliphate in Tunisia; these Muslim Crusaders occupy Sicily, Sardinia.
928 – 969 Byzantine military revival, they retake old territories, such as Cyprus (964) and Tarsus (969).
937 The Church of the Resurrection (aka Church of Holy Sepulchre) is burned down by Muslims; more churches in Jerusalem are attacked.
960 Conversion of Qarakhanid Turks to Islam.
969 Fatimids (Muslim Crusaders) conquer Egypt and found Cairo.
973 Palestine and southern Syria are again conquered by the Fatimids.
1003 First persecutions by al—Hakim; the Church of St. Mark in Fustat, Egypt, is destroyed.
1009 Destruction of the Church of the Resurrection by al—Hakim (see 937).
1012 Beginning of al—Hakim’s oppressive decrees against Jews and Christians.
1050 Creation of Almoravid (Muslim Crusaders) movement in Mauretania; Almoravids (aka Murabitun) are coalition of western Saharan Berbers; followers of Islam, focusing on the Qur’an, the Hadith, and Maliki law.
1071 Battle of Manzikert, Seljuk Turks (Muslim Crusaders) defeat Byzantines and occupy much of Anatolia.
1071 Turks (Muslim Crusaders) invade Palestine.
1073 Conquest of Jerusalem by Turks (Muslim Crusaders).
1075 Seljuks (Muslim Crusaders) capture Nicea (Iznik) and make it their capital in Anatolia.
1076 Almoravids (Muslim Crusaders) (see 1050) conquer western Ghana.
1086 Almoravids (Muslim Crusaders) (see 1050) send help to Andalus, Battle of Zallaca.
1090 – 1091 Almoravids (Muslim Crusaders) occupy all of Andalus except Saragossa and Balearic Islands.

Only after all of the Islamic aggressive invasions is when Western Christendom launches its first Crusades.

1094 Byzantine emperor Alexius Comnenus I asks western Christendom for help against Seljuk (Muslim Turks) invasions of his territory.
1095 Pope Urban II preaches first Crusade; they capture Jerusalem in 1099.”


So now I conclude, what do we expect or want to happen if America does not face the facts of being eroded and interpreted into a position where it cannot respond. People like our President tend to believe that the Christianity among Blacks emerged as a sort of covert Islam. There is an element of truth in that. But all Christianity brings forth the culture of those who embrace the faith. In addition not all slaves came to the new world with Islamic roots and not all converts were slaves. We have much to do and honestly not much chance of of doing it. But our national future hangs in the balance.

Discussions on the Model Constitution (24th in Series): Direct Imperial Government, Guilds

This Note will be about the Fourth Section of Article Six 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:


There are many differences between myself and some of the other people who have brought about radical change to their regimes and social orders. I also share similarities with many of them and some more than others. One thing that is different about my approach compared to George Washington, John Adams, Napoleon, Lenin, Hitler or almost anyone who has succeeded in such a venture in recent centuries is that I chose to write this Constitution long before any large movement to secure a regime change has materialized. All of those in this short list expressed some idea of how things ought to go in writing or speeches or both. But it was less of complete plan than this. That is obviously more likely to be a weakness on my part than it is a strength. The truth is that securing power is more essential than having a good plan of governance. Although both are important, it is obvious that history is made up of the stories of regimes that came to some level of power with any kind of foresight. There is very little known, remembered or necessary to know regarding well-laid plans that go astray or never become even partially realized. The more specific a plan is the more people disagree with it and so successful political actors have often stayed in the realm of glittering generalities for as long as possible. Once a broad coalition has put them in power even if they turn out to be the worst sorts of bumblers some of their agenda will be accomplished. THIS MODEL CONSTITUTION IS NOT THAT KIND OF REVOLUTIONARY AGENDA.

There remain huge policy areas left to be worked out in the new system or left unchanged. However, as regards the
Constitutional changes which are proposed this plan is as clear and specific as I am able to make it on most points. So it is with the role and function of the Guilds in the Direct Imperial Government. This is an essential part of the transformative aspect of this new Constitution. This institution is unique in the many roles it will play and unique also in its relationship with the varied political institutions in this society. The Guilds are not in the strictest sense part of the Democracy in the exclusive sense. There are two functional types of elements of democracy in this system and regime. Some democratic elements exclude royals and aristocrats and others are inclusive of all the people regardless of their being commoners, aristocrats are royals. It seems appropriate to me to illustrate this note with some specifics about how the guilds might function. The guilds are the vessels and instruments of making real change and protecting many legitimate interests in the social transformation that goes with this Constitutional transformation. So let’s hypothesize in specific terms about their role.

It will be useful to go back to the note before this and read about that special class of guilds which will have additional representation in the Lower Chamber of the Direct Imperial Government Legislature if this Model Constitution is adopted. The list of invited guilds will include some any given reader might expect and others they might not expect and there may be omissions of the expected. That quirkiness is part of what makes this a royalist monarchical regime as well as all else that it is. But let us look at some of the Guilds the regime would exercise pressure to form which would be expected to come in at the ordinary top first class level:
“ 2. These guilds would be such as Old Steel Mills Guild, Detroit Auto Guild or Texas-Oklahoma Cattle Guild. Each Guild would have a geographical limit in its charter which could be as large as the country but multi-state regions and state guilds would be easier to charter. There would be classes of Members. Top class Members of the guilds would have to live and work in the geographical area, own the principal means of production an employ people in making things or providing services.”

These first class guilds would have relations with other guilds but would consist of owners, executives and corporations. The Detroit Auto Guild would have ties to lower class guilds including, probably a Michigan Auto Workers Guild and a Southern States Auto Workers Guild, as well as others in the structure. The Texas-Oklahoma Cattle Guild would have a tie possibly to an Old Southwest Cowboy’s Guild, and Old Southwest Cutting Horse Guild among others. Besides their ties to the other new Guilds there would be ties to the aristocracy at this level. One of the proposed Peer-Electors of this regime is a person not certainly determined in a known family association who shall be titled “Duke King, Chief of the Texas and Oklahoma Ranchers”. It is impossible to imagine that this Texas-Oklahoma Cattle Guild could be fully successful if such a peer were not a member and somewhere in the leadership of this guild. Of course this does not mean that the King’s Ranch or that family has endorsed this proposal of constitutional transformation.

Continuing the discussion of ties to the aristocracy, there are forty (plus one) peer-electors who have permanent seats and many other privileges in the DIG Legislature and its associated agencies. Duke King has been mentioned as one but nobody can say who that would be with certainty. Just underneath the level of Peer Electors are The Ten who will be Aristocrats with special permanent seats in the Direct Imperial Government Legislature. One of these will be Viscount Ford of Detroit. Here I can say who this would be if the constitution changed soon. One cannot imagine the Detroit Auto Guild succeeding fully without him. Again this is not a person who has endorsed these radical changes in our government. Nor is he someone I know personally. Here however is his biography in brief.

Bill Ford, William Clay Ford, Jr. is the Executive Chairman of the company that bears his name and largely “put the world on wheels”. He is fulfilling an ancestral legacy as he proceeds into the 21st century. It has been notable in that in recent periods of economic and financial turbulence Chrysler had long ago been rescued by the government of the United States , then became part of German carmaker Daimler Corporation and then got more help recently. General Motors has emerged from its beleaguered past by destroying much of its infrastructure, going into bankruptcy and receiving a huge government bailout. Ford has paddled and navigated its own canoe in all this and has had many successes unique among the Big Three of American Automakers. “The ongoing success of Ford Motor Company is my life’s work,” Bill Ford has said . “We want to have an even bigger impact in our next 100 years than we did in our first 100.” Mr. Ford joined the Ford Board of Directors in 1988 and has been its chairman since January 1999. He serves as chairman of the board’s Finance Committee and as a member of the Environmental and Public Policy Committee. He also served as chief executive officer of the company from October 2001 to September 2006, when he was named executive chairman. As CEO, Mr. Ford took the company from a $5.5 billion loss in 2001 to three straight years of profitability. He has described his vision for the company as “I want us to be a company that makes a difference in people’s lives; one that delights its customers, rewards its shareholders and makes the world a better place. To do that we are focused on delivering desirable products, a competitive cost structure and a sustainable business model.” Mr. Ford joined Ford Motor Company in 1979 as a product planning analyst and later held a variety of positions in manufacturing, product development, sales, marketing and finance. He served on the company’s National Bargaining Team during the 1982 Ford-United Auto Workers labor talks, credited with starting an employee involvement movement that revolutionized the industry. Investing in himself in 1983, Ford undertook a 12-month course of study as an Alfred P. Sloan fellow at the Massachusetts Institute of Technology. He came out of these studies and was elected chairman and managing director of Ford Switzerland in 1987. He has led influential committees and operations for Business Strategy for the Ford Automotive Group in 1990 and his team set guidelines and made recommendations for low-volume manufacturing plants in developing countries which have contributed to Ford’s independent survival. Ford became general manager of Climate Control Division in 1992, and was very successful. He established the company’s first wildlife habitat at a plant location and the first automotive plant in the world to use 25 percent post-consumer materials in all of its plastic parts which contributed to his reputation as someone who cared about the environment. This was increased by his winning in his division the President’s Commission on Environmental Quality Award for effectively making a green change by replacing a hazardous chemical in a production process with water. Between that assignment and his current post he held varied important executive posts at Ford.

Bill Ford is a real person, not a projection, caricature or mere crony spun off by this proposed revolution. There is a working forward of what already wants to break our as America’s own native leadership. He and I very possibly would not even get along well, that is not the point. This is different than a proposed fascist revolution in many ways including that the guilds are real guilds with autonomy and are more or less refereed by the Imperial House and Direct Imperial Government. It differs from a socialist revolution in that mostly private property rights are not truly affected by all the reshuffling as such. It differs from a libertarian revolution in that accountability, transparency and planning increase rather than decrease and the strength of the overall society is a principal goal.

The Guilds will increase accountability without stifling innovation and invention very much. When a bad corporation goes bankrupt the Guild will mostly be protected from liability but it will still be an interested and known public actor and figure with an interest in repairing the damage. Guilds will make America’s companies more efficient and competitive without resorting to piratical tactics. By increasing the interest shared in what is American about each business’s business. America is in crisis in far too many ways to list all the structural, fiscal, economic and monetary problems much less the others. I believe the guilds can put our society on a new track and renew the best of what we are doing. We can still do much to be truly great.

We need an American renewal in ways that are easy to measure and ways that are not. Our dreams are also in trouble. The Bible is not (except in a handful of places) really in the category of dreams, fiction and what could be if all were perfect. Far more often the Bible contains elements of history and biography as written in a particular time on the one hand. While on the other hand it includes advice for imperfect communities of imperfect people aspiring to a perfect communion and a plan of life progressing towards perfection. However, science fiction is about dreams and I have also written about it in the sites where I post these notes. I really enjoy the things that are being filmed and written today. I see a lot of good in them. However, I see that there is so little being done about using resources of our own solar system and of our seas in ways that we could if we perfected and enhanced existing technologies and had the heroic spirit easily created in fiction. Even our dream machine is failing to lead us forward.

When I think that we put men on the Moon more than forty years ago and exploded a nuclear device more than fifty years ago it makes me very aware that we have not followed the paths to a full a rapid development of the kind of resources in outer space which would make it possible for us to have a more slow and cautious pace in the full and rich development of ourselves. One great truth which Thomas Jefferson was very aware of and wrote about a good bit during his life was that America offered humanity a chance at a better path of development if it allowed people to slowly evolve from healthy agrarian communities. This kind of development need not oppose science and venture such a s founding universities (like Jefferson’s University of Virginia) nor need it oppose technology (just as the USA led demand and assisted in the growth of key technologies like rifles, railroads and telegraphs more than other countries of comparable importance because it had so many agrarian centers to link together over a large area). We really should have a thriving colony on the Moon by now just as we really should have many other things as a human species. Like many of the challenges involved in developing the United States we would find that the colony was pushing nuclear, communications, solar power, recycling and other vital technologies. However, working on these technologies without a great cause like the space colonies will not pay as well and therefore will harm far more people and other living things than necessary. We can define free market capitalism as we define and practice it these days as the fine art of kicking the can down the road. Many other economic systems have been worse. However, the fact that there are so many other worse alternatives does not mean that there are not also better ones left untried. In fact it does not mean that we do not face terrible consequences for not doing better than we are doing.
One can think of the billions of gallons of untreated sewerage that enter the water surrounding cities at the same time when many of these cities have people who need low-level jobs and a demand for the fodder that could be grown on marginal lands with slightly treated waters and their heavy organic waste loads. We are all drunk on and addicted to the kind of liquidity our economic doctrines, models and concepts. We can think of how little attention we have given to fixing our decaying dams and sewer lines in the United States and remember that we are still above average in regards to some of our infrastructure. Katrina in New Orleans and 9-11 in New York are both small tastes of the horrible feast being served to the world. Worldwide humanity is failing to make key improvements to its infrastructure as it make widespread increases in demand on both the infrastructure and the surrounding environment.

Family farms and foundations as well as all sorts of laws and programs which support varied forms of community striving to be viable in a complete way must be successful participants in the change we need. We must include the right kind of input from the groups which can reward respect for the slow and precious values capitalism ( and many other systems) can only destroy unless they are kept in check by other values. Those values must be supported by the institutions which are able to act within a structurally secure position within society.

Driven by an engine of idealism like the founding Imperial House (which may be less desperately progressive if blessed with future generations as planned) the Guilds can tend to the business of business and still foster a spirit of reaching for national and Imperial greatness which we are failing to achieve in so many ways nowadays. It is possible to hope, without knowing, that our greatest days may be before us. But first we must think things are bad enough to require major changes.

America must decide to survive. If it does so it must in some sense transform itself. What kind of transformation is that likely to be?

Identifying a crisis eventually becomes effortless if the crisis is severe enough. In terms of identifying the crisis the worthy trick is to identify it in time to take some kind of actions to avoid, mitigate or redeem its worst results and consequences. America is in a deep national and societal crisis. Not all of us are free to react in the same way to addressing this crisis. Suppose you or your friends believe that these Guilds and other institutions could make the way forward. One cannot start by applauding them because they do not exist. However, we can perhaps do what we can do. Suppose one is eager to do more than whatever one’s present actions are, what can be done?

To identify the real dimensions and parameters of our crisis goes beyond what can be achieved in a single note on this Model Constitution. I do a lot of listing in these and other kinds of blog and Facebook posts but there would be nothing but lists in these discussions if I even attempted to mention every major area of concern and cause for serious anxiety and action in our society. In the Model Constitution I have outlined through proposed Constitutional law where I think we need to really organize for a new start in very general terms. In this post I will try to outline what perhaps can be done prior to the revolutionary transformation taking hold in these United States of America. This is not inciting sedition but it is closer to it than I have come so far in this exercise.

First, if you follow my advice you will have to adopt a mental attitude quite distinct from the mental attitude on which most politics is presented, proclaimed and outlined these days. If one accepts the revolutionary changes outlined here as a goal and takes them seriously then one can still admit that it is unlikely that the goal will be achieved. Although it is not more likely in the distant future it is possible that it will happen but not occur until after a reasonable life expectancy has passed. So this means a distinct political approach recommends itself. Agitation and campaigning for candidates must both be relatively minor aspects of this effort to achieve political transformation.

One thing that can be done is to read this series of discussions on the Model Constitution and other related material
and then to discuss it with people selected as being the best people to help push these ideas and changes forward. Another thing that can help is to find ways to build value and grow one’s own dreams in such a way that they have value on their own but also can work to bring about a larger program and pattern of change. So let us talk about some principles of creating this movement if it is to become a movement.

First, after the reading described above try to set down a few notes and remarks somewhere to show you are committed to the project. Maybe take a friend out for coffee and explain that you are committing yourself to this project.

Second, do not diminish your participation in politics. Whether that means changing where and how you participate or merely finding ways to let those people know that you basically support there goals but have some more refinements and other profound changes that you would also like to see in our society. Be less pushy and assertive than those who can get more satisfaction out of quick short-term goals.

Third, work out the principle of autonomy linked to loyalty. That is trying to create your own resources that are really yours but which can also be restructured readily to support a movement for change and identify the causes discussed here particularly (along with country, family and religion) causes you would and are willing to support with resources that are wholly yours even if it costs you more than it is really worth to you personally.

Fourth, be invested in community and tie that to your social ideals. Don’t put the idea of revolutionary change above all the needs of your family, church congregation, soccer league, neighborhood watch and alumni association but try to tie all the commitments you make to these community-building things to a sense of the social transformation you would like to see.

Five, learn to supply critical support. Consider giving care boxes to local National Guard units and building a real relationship and still speak openly about changes you would like to see over time in the military culture of our country and society. Give money and write letters to candidates for office when you can and mention some of these ideals not as a condition to your modest donation but identifying where you would like to see things going over time.

Six, consider starting a discussion group. Consider getting together with some other people who are able to take small steps to help bring about these changes.

Seven, IF YOU HAVE SOMETHING LEFT CONTACT ME. You can contact me here whether on Facebook or my Word Press Blog or on media linked to my blog like Twitter. If you wish to support these ideals through me directly I am not incorporated but you could mail a check payable to Frank W. Summers III to:

Frank W. Summers III
PO Box 22
Perry, LA 70575

If you do that, write “Reconstitutionalize America” in the memo line. If you give me a return address I will try to let you know how I have spent it. This is not even really a recommendation but rather an option just in case it seems right for you. I make no representations in advance about how it will be used and it will not be tax-deductible. Now having gone through that exercise in the concept of self-directed action around a common constitutional goal, take a look at the proposed text below:

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Section Four: The Guilds, a Special Framework in the Direct Imperial Government and the Empire
Subsection One: The Nature and Function of the Guilds
Provision One: All the anti-trust laws and many other laws tantamount to anti-trust laws shall be repealed with this constitution being ratified. From now on no law may be made to prevent someone achieving an uncompetitive advantage in their business unless they are shown to have done one of the five following things:
1. To have committed mala in se crimes against Federal or Imperial laws in external or interjurisdictional commerce.
2. To have committed mala in se crimes against Jurisdictional laws in internal and localized commerce or in activities directly related to productive goals or tangible production.
3. To have targeted a particular competitor in a systematic way which distorts market values beyond the capacity of the transitional conflict period in a limited and public competition to amortize and when such activity functions in a way which is simultaneously tending to deprive the competitor completely of access to and drives them out of an identifiable industry or occupational field.
4. To have conspired to restrain trade in a manner which is substantially outside of the duly regulated and publicly recorded guild system of the Empire and Union.
5. To have been shown to have acted in a concerted and serious manner to block fair access to a particular competitor into the guild system or to a guild in which they have a demonstrable right.

Provision Two: The DIG will use Compact Zone lands to host some guilds but will also create small Districts by swapping out its Bureau of Land Management Lands with non state owners for one third of the area, incorporating private owners for one third of the areas and taking State owned lands for one third of the area. In some non State Jurisdictions and especially where they were not ever in a State this formula may be modified and the thirds are to be rough and not exact always. But these districts will hold Imperial House assets, parks, residences, agencies and most of all, in terms of location, they will house guildhalls. These guildhall hosting districts shall be spread widely across the Empire at the time of Founding and may add up to one percent of the Jurisdiction’s lands in which and from which they were located and taken.
Provision Three: Every Guild must have a guildhall on DIG lands and a seat in the DIG legislature’s lower chamber to be a recognized guild.
Provision Four: Guilds are located in the DIG Jurisdiction largely because they are broad engines of slow socio-cultural transformation. They invest in and shape the kind of society this will be. Jurisdictions may seek to modify and limit their influence but other than the DIG Jurisdiction they may not interfere with their operations in themselves. These internal operations include and are largely limited to the effecting of these activities:
1. Guilds would have an obligation to operate a work bank for family member of their own members as well as unemployed members. There would be a menu of things they would capitalize as their means increased.
2. The guilds must on reaching a capital floor offer Wedding and Funeral reception spaces contracting the actual services with existing businesses or allowing members to do the minimum on their own.
3. Health and dental clinics for members would be privileged assts in the Community Health Clinics and Imperial Wellness Agency.
4. Once they have the capital they must offer a well priced set of youth camps and vacation spots as well as college scholarships.
5. They shall have standing in law where there interest are represented by their members involvement in any legal matter and be provided Federal data for their substantial powers in collective bargaining and regulatory law representation.
6. Any time a member receives punitive, exemplary or other special damages from a court for guild related activity the guild will receive a tenth part of the award into its capital funds.
7. Guilds shall certify any trade or labor union in their field of operation whether or not the unions belong to other guilds. Unions could join guilds as they are created and remain on as certified Guild Council factions and guild agencies.
8. Each guild would have a charter spelling out familial rights and privileges and would be required to spend two percent of its budget each year on programs and projects geared to the benefit of the members’ family associations.
9. Each Guild would operate either an intern program or a day labor program depending on its class so that those wishing to get into the guild can be aware of how the guild works and how best to get into it. However, guilds will be entitled to exclude members for many reasons.

Subsection Two. Classes of Guilds

Provision One: First Class Guilds
1.First, the laws should be changed so that competition is structured and policed within a guild system. Every corporation and most capitalized unincorporated businesses over a certain size that is uniquely proposed as designated by the DIG Legislature and confirmed by the Congress of the United States would be penalized for failure to join at least one guild as required by new laws if it engages in meaningful and substantial inter-jurisdictional commerce. Each corporation operating in intrajurisdictional commerce or industrial action is required to transfer two percent of it s profits and one mil of its operating budget each year to be shared among the Guilds to which it belongs or with which it is covenanted . Guilds would be required to set aside a portion of their revenues for labor guilds that are associated with them dividing five percent of their own guild income directly with these guilds. These guilds would have a main guild hall and branches, would work to set and police standards of production, waste management, safety and other things.
2. These guilds would be such as Old Steel Mills Guild, Detroit Auto Guild or Texas-Oklahoma Cattle Guild. Each Guild would have a geographical limit in its charter which could be as large as the country but multi-state regions and state guilds would be easier to charter. There would be classes of Members. Top class Members of the guilds would have to live and work in the geographical area, own the principal means of production an employ people in making things or providing services certified by the guild. Second Class members would be fictional persons such as corporations and their majority shareholder officers who otherwise meet these standards. Then differing classes would follow.
3. All corporate members shall pay a fair rate as dictated in their rules and all individuals owning these corporations shall pay two percent or more of corporate profits to the Guild. All individual members shall pay two percent of their gross, gross income to the Guild.

Provision Two: Second Class Guilds
1. These guilds are made up of tradesmen and craftsmen, truckers and merchants who own their own principal tools and employ few people in producing their goods and services. These people shall receive half as much from the first class guilds with which they are associated as would the lower classes of guilds. These Guilds shall have more rights with regards to the government and legal collective bargaining than lower class Guilds.
2. All corporate members shall pay a fair rate as dictated in their rules and all individuals owning these corporations shall pay two percent or more of corporate profits to the Guild. All individual members shall pay two percent of their gross, gross income to the Guild.

Provision Three: Third Class Guilds
1.The third class guilds would have members who hold special licenses and own such tools as they can personally transport back and forth from their employer’s premises at the end of each shift or a week or so of shifts worked.
2.All corporate members shall pay a fair rate as dictated in their rules and all individuals owning these corporations shall pay two percent or more of corporate profits to the Guild. All individual members shall pay two percent of their gross, gross income to the Guild.

Provision Four: Fourth Class Guilds
1. These guilds would consist of laborers selling their more or less skilled work and using the capital of others. Each would be required to pay a patronage fee of one tenth its total income to at least one and no more than three Third Class Guilds which would help guide it and hire or promote some of its members.
2. All corporate members shall pay a fair rate as dictated in their rules and all individuals owning these corporations shall pay two percent or more of corporate profits to the Guild. All individual members shall pay one percent of their gross, gross income to the Guild.

Subsection Three: Special Privileges of the Guilds
Provision One: The federal government will distribute one percent of all revenue it collects among the capital trusts of the guilds each year. A third will be divided among the guilds according to a formula that does not take into account annual performance. E third will be divided by the fulfillment of the general standards for best guilds and each guild will receive a share according to a performance score. The last third will be in a relatively few awards presented at a banquet for winners of prizes based on great excellence.
Provision Two: No less than seventy percent of all Federal government vendors in each and every sense and category shall be Guild approved interests. The Federal Confreres along with others will also verify that at least a third of all DIG purchases each year or from within the Guild system.

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if you have the energy to discuss this with friends that would be great. But the basic point here in this Section Four ” The Guilds, a Special Framework in the Direct Imperial Government and the Empire” in Article Six “The Direct Imperial Government” is that for our system to work there must be broad relevance of the new royalist institutions and a connection among them all with an equal respect for a Direct Imperial Government which is necessary to that political life which we all share. The Direct Imperial Government is very complex and is not entirely subject to this Constitution this language tries to briefly mark out that connection in a complex way. This is more different from the current Second Union in a variety of the largest ways a constitutional scholar can conceive. But in the midst of such royalist and aristocratic changes one can still see our heritage of mixed government. Not all issues relate as directly to the departure from the recent obsession with the election of democratic representatives nor the long term commitment to republican style in our current union. The guilds are in some ways a system of broad democracy within a culture and political system which have really abandoned the tyranny of pure democratic thought. The Guild Charters are regulated by the DIG Code and have some Constitutional limits but not all Guild officers are elected in the same way and there is a complex variety of means for electing those who represent the large majority the special group of the Citizen-Subjects in Guild. The Guild has political rights and responsibilities but is not exactly a government entity. It is a regulated entity with political rights and privileges operating mostly in the interest of it’s members but with the ideals of the Imperial and Common Good as well. There will be some guilds where an aristocrat is likely to be very rare and where there tendencies toward a socialist view of life may be pronounced. There will be guilds that tend to libertarian ideas because of their constituency. There will also be guilds where it may be that almost all members either are or wish they were aristocratic or royal. This country is not now nor ever has been a democratic republic but rather is a mixed government Constitutional Union of mixed government republics. However, under this Model Constitution the society which has evolved into an Empire and Union uniting various functions to help achieve many goals already espoused by many elements of our society but facilitates these ideals more directly with the many new institutions under the Model Constitution, of which the Guild system is one of the most important. Others now attempt what the Guilds will do but the Guilds will act more fully than anyone who addresses these problems and goals under the Constitution currently in force. The Guild-related elements and functions of the Direct Imperial Government are delineated in such a way that one can see that although they are in subordination to the lead of a Monarchy and Aristocracy and balanced by the Democracy proper their functions are important and carefully preserved in a system which is broader than their limited but real importance in setting industry standards, replacing the antitrust system, organizing common interests, sharing resources and electing a significant number of votes for the production of legislation proper.

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.

Discussions on the Model Constitution (23d in Series): Direct Imperial Government, Democracy

Why and How I am a Committed Radical (23d in Series): Direct Imperial Government, Democracy
by Frank Wynerth Summers III on Wednesday, May 9, 2012 at 3:07pm ·
This Note will be about the Third Section of Article Six 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:


“These are the researches of Herodotus of Helicarnassus, which he publishes, in the hope of thereby of preserving from decay the remembrance of what men have done, and of preventing the great and wonderful actions of the Greeks and Barbarians from losing their due meed of glory; and withal to put on record what were the grounds of their feud.”
Introduction to the Book Clio, The History by Herodotus of Helicarnassus written about 450 B.C.

I choose to open this Note with the quote from Herodotus for many reasons. I will be discussing the Greek aspects of Americanism in both this Union and the proposed union. Herodotus is both an important figure and an important source for the Hellenic tradition. Next, I will be discussing what democracy means in a broad context and, believe it or not the quote above has a lot of relevance to such matters. This is a note that one cannot fully understand unless one knows that most people in the new regime live outside most of Direct Imperial Government and vote for Congress in districts and for state of other legislators. We simply lack the space to rehash all of that here. This is a small piece of the democracy proposed.

Herodotus did the enormous amount of work involved in writing his history for a number of reasons. Those are reasons that I relate to as I work on my Model Constitution and try to explain it. That is true although both the projects and authors are different. Let me put myself and my project aside for a moment and discuss only Herodotus here. Herodotus was a Greek and very proud to be one. He did not pretend to be otherwise and he called the enemies of the Greeks in his History Barbarians and he meant it. But he did not hesitate to know, announce and make clear that there are at least two sides to every war. He did not deny that the Barbarians could deserve Glory. This is part of the combination of chauvinism for one’s own and respect for diversity which are needed to understand the many kinds of places and people which will exist in the relatively small Direct Imperial Government Jurisdiction if this Model Constitution is adopted. Even more pertinently, most of Herodotus’s friends and colleagues were in Greek republics. These republics could even be brutal in opposing royalism and yet he both communicated well with remaining Greek royals and was able to understand the very kingliness itself in the kings he wrote about in his books.

When Obama and his administration committed America to attacking a very bad enemy in Libya and his family and followers there was a real and familiar sense in which the discussion we had as a nation in the eyes of the world was contemptible. It certainly seems to much of the world that America believes we are responsible for stopping someone from possibly bombing Benghazi but not responsible for the violent bombings of Benghazi and other Libyan cities that result after we act. America feels little responsibility for the political order that may follow and our poor preparation for political conditions there and elsewhere. We need a little Herodotus in our point of view and a little mixed government theory in our policies I think.

When Bush and his administration decided to reprise his father’s war with Iraq they were attacking a man who was one of the more critical hangers back in the whole worldwide movement led by Osama Bin Laden and Al Qaeda but there were sign that he was part of the movement and also that Al Qaeda operated in Iraq for and against Saddam Hussein. In addition his atrocities against the Kurds and the Marsh Arabs and brutal repression of anyone who might be an Iranian sympathizer certainly poisoned the regional ambience and encouraged the worst elements in Turkey and Iran. So from that we have two groups of Americans who either say Iraq had truly nothing to do with 9/11 or else others that show the world that America thinks we get credit for stopping Saddam Hussein but no blame for the fact that this was the first Christmas in perhaps almost 2000 years when almost no Christians could gather for public worship in Iraq. Sects of heretical Christians who combined the religion of the Magi with original Christianity lived in Iraq and were celebrating Christmas in the early centuries when orthodox catholic Christians had only the great feast of the Resurrection at Easter as a full-blown Christian holiday . Marco Polo would find traces of these churches when he traveled to China. We also feel no real responsibility for the fact that we gutted our own federal heritage and almost all that might have worked in our political and cultural initiatives before we got started. We need a little Herodotus in our point of view and a little mixed government theory in our policies I think.

We manipulate money without a conscience and are involved in all kinds of amazingly immoral shenanigans to maintain a wasteful model of superior wealth without building up true secure wealth. We tell the world to show initiative and make a profit in this mess. The world sees that America believes war should be made on people who sell us drugs but we claim to understand how the markets work. The demand for drugs is high and the social cost of policy is high and the war on the world’s farmers and freight-forwarders is endless and costly. We need a little Herodotus in our point of view and a little mixed government theory in our policies I think.

We constantly announce to Spain, France, Holland, Sweden, Russia, Mexico and and less interested countries that America thinks we have a special relationship with Britain. This important country is the only country to invade us twice, to burn and sack our capital. A country that has a huge Commonwealth and is in the European Union which do not include us and has been happily involved in the decline or limiting of our sphere of influence at every stage. Britain’s United Kingdom is the same country whose diplomats and elite misrepresent and mislead our diplomats and press corps as a daily pastime. We need a little Herodotus in our point of view and a little mixed government theory in our policies I think.

America thinks that we know how many nukes the Russians have but we do not know how many aliens cross our borders or how many reactors can withstand a super quake in this country. We cannot ship our waste to the facility we have agreed to build in Yucca Mountain and have built. We cannot tell when and why an oil leak starts in the Gulf of Mexico for days and days and we cannot stop the theft of nuclear secrets from our own super secure labs– all since the treaties supposedly abolishing Russian nukes have been signed. We need a little Herodotus in our point of view and a little mixed government theory in our policies I think.

Americans are not safe to live and work in Afghanistan or Iraq or Libya. We were kicked out of Vietnam. We gave up Subic Bay, Clark Field, the Panama Canal and Micronesia for almost nothing. We are often excluded from the emerging super trading blocks. America believes we are the world’s only superpower. We need a little Herodotus in our point of view and a little mixed government theory in our policies I think.

Acknowledging and defending a royal monarchical and an aristocratic estate in society is a denunciation the spurious ideals and absurd belief that we do have ar should have a pure democracy in this Constitutional Union and society. It justifies more complex thinking and discussion at more levels. Liberals and leftists can make a contribution in this renewed American Conversation but American conservatives with ties to public life must lead the way here.

So I thought I would start with a quote from Herodotus because explaining the function of democracy and democratic elements in what is till an imaginary part of a proposed regime was not hard enough. To make things more challenging I added the quick and easy task of explaining democracy in the context of a subject that I could cover well in a few thousand words—that would be Western Civilization.

The text discussed in this note on this model constitution will not discuss “first past the post” or “two party” structures. There is little in it that is normal in current discussions of democracy and so I want to relate it to the whole discussion of democracy in Western Civilization. I suppose that prior to really discussing Western Civilization one ought to define the terms “Western” and “Civilization”. That is certainly how Socrates would have gone about it and he is certainly one of the major fountains of whatever Western Civilization turns out to be. However, there is no group of people here to stand in for the young Athenian aristocrats I would speak with if I were him. Socrates is a major literary figure but was not a writer. His talent was for leading discussions. From his example of course we get the term Socratic method. The socratic method whether written of in upper or lower case letters is still the principal technique in American law schools. I of course attended one such twice.

I have a fondness for Western Civilization. It strikes me as a thing worth learning about and keeping in perspective as one of the biggest and best things humans have done. I think that all of human greatness is a subject and a reality far broader than Western Civilization. That is perhaps why it sould not be surprising that there is very little mention of race or color in the coming text. The regime I propose here is a regime of constitutional White Supremacy not socialized White racism. The very complex structures bring in the history as well as the skins of North East Asian, Aboriginal American and Black peoples to the public life. Western Civilization is a big part of this constitution’s creation and background but not the only part. Civilization is a mode of being which is not an unmitigated good in fact. Western Civilization, the evolving civilization portrayed in this model and every other civilization causes us to all give up many things we want and could want more. Civilization causes us to feel a need for and consume things we might not otherwise consume. It is important to have projects like this Model Constitution to keep a society healthy. A vital and basically good civilization has an element of oppression it’s efforts for institutional preservation but this element is balanced by liberties almost all members enjoy which they would lack without institutions requiring costly planning some structured sharing. Civilizations so Libertarian in nature as to lack those things soon cease to exist or be civilized or both.

I believe it is time for radical change and it happens to be less democratic but not because our society is all bad or democracy is all bad. Nor will the new society be all good, this is a calculated risk for us all. Those civilizations which do not have an element of gambling in their structure are in fact not really civilizations. These static societies are to real civilizations what Stoker’s fictional vampire Dracula is to an average human. They keep up the appearances of life but without many of its most vital processes. Dracula is all about death and in the sun he is ashes but he claims to be immortal and does go in a sort of life for a very long time. That is not what America must be. We must change in this direction for now – not for eternity.

So let us overview Western Civilization very succinctl, including for some readers who despite this being in English have little direct connection with Western Civilization. In these notes on the Constitution I have written less about religion than in some other contexts. But in the blogs and Facebook profile where these notes appear I have written a lot about Jesus.. I have also dealt a great deal with other forms and leaders who were Jews, as he was. Jews have played a large role in Western civilization but (though oddly Jew has come to mean someone who does not follow Jesus and is sure about it ) Jesus is their greatest flowering out into the world and is one of the very tiny number of people bron before 1500 who truly envisaged his legacy as bringing something to all peoples and cultures of which he knew or did not know during his lifetime. He was an outgrowth of Jewishness and its highest expression in that regard. We may turn to this subject again in this note. But to sum up the Jewish thing is too much about just Jews on the one hand and about all humans on the other hand to be the direct foundation and centerpiece of Western Civilization. Founding father John Adams wanted America to rest with one foot on an Anglo Saxon base and the other on a Hebrew base. He was quite serious about both and wanted to take them into the future always.

Democracy is a Greek word, our current Capitol building and White House have strong Greek architectural elements. The Emperor proposed here already holds a Hellenic title and so it seems right to discuss Greece and Hellenism here. If one wants to make a silly and ethnocentric error which is the least incorrect then this would be it: “Western Civilization is spelled -G-R-E-E-K”. If one wants to speak of Eastern Civilization one should know lots about Japan, India and the Eastern part of Arab tradition. But if one wants to make the ethnocentric silly error which is least incorrect then it would be, “Eastern Civilization is spelled -C-H-I-N-A”. Greece and China aren’t even close to the whole story but nonetheless one could never exhaust either of their contributions to Western and Eastern Civilization respectively. I am proud to say that I speak truly deplorably horrid Greek and surpass it with almost superhuman butchering and botching of Mandarin Chinese. I think when one speaks these languages as badly as I do there is a sort of automatic respect which is born within one for the cultures where they are spoken well.

I think that reading Homer, Plato and Aristotle are essential to being well educated in the lore of Western Civilization I certainly openly advocate such readings. I have occasion to teach a few young boys whatever I wished for a few months full time on several different occasions and I have always set up a schedule of a number of subjects rotating through each week one subject was the Hebrew Bible and another was the Classics of Homer, Plato and Aristotle. But Greekness and Greece is much broader than this. The Greek world is truly very vast and very diverse. The Greece of Lykos the Wolf-man king of Arcadia and of Alexander the Great are very clearly connected but are vastly different from one another. The Greek civilization of Septuagint and Koine New Testament and the Ptolemy dynasties are profoundly different again.

Christianity is extremely important to Western civilization and relies on a foundation involved in the large world of Greek-speaking Jews and Greek Gentiles who studied the Greek Old Testament and began to read the New Testament in Greek. hIn this or any other age just as to understand democracy some Hellenicity has to be involved Christians must absorb a bit of Greekness too. A good Pope must be especially loyal to the city of Rome and also have a love for Jerusalem and have in his vision the Christian hope for Beijing, Delhi and Lesotho. This Christian hope is founded also in a Greek experience of universal human values that reach out not only to the people who live in a given place but even the pre-Christian cultures that flourished there. To be Vicar of Christ and not a great scandal is to be the vicar of the one who sent the Good News to the ends of the Earth.

The pre-Latin people and other Italians, the Celts, The non Hellenic Egyptians, The Ethiopians, the Germans and the Norse each have a substantial history with Greater Greece that predates their own written history outside of Greek history. All of these groups who made a substantial contribution to Western Civilization from the inside were at least a bit Hellenized before they emerged as there own sort of thing. On could describe modern Western Civilization as that cultural system which emerged from: 1.The Hellenization of Ancient Europe, North Africa, and the Middle East.2.The Romanization of the Hellenic World.3.The Christianization of the Roman Empire.4. The Barbarization of the Christian Roman Empire. 5. The Fashioning of Christendom from the Teuton lands and the crumbling Empire’s pieces.6.The survival and change of Christendom under the assault of Islam and the Norse raids and settlements. 7. The Renaissance process of remaking Christendom mostly with ancient Hellenic ideas.

In the rise of Rome and its decline and in the resurgence of a new Norse culture while Islam boomed into the Western world that great vast wonder of Greece as it was is lost. But to understand democracy in a narrow comic book way is not to understand it at all. This constitution seeks to assure many advantages, outlets and right to all the people and to the mass and popular groups of people. This Plethos or many is respected and addressed by the law and governance. Whiteness was an issue of concern in the Greek world but not in isolation from other values – that could only happen after the Western Europeans chose to forget the vast former Christendom and vast Hellenic world and see only themselves and a few slivers of the Roman Empire and Israel as forming a Christian Civilized history.

This constitution rests on a Hellenism that goes back to the Bouletheria and incorporates the original from before republican democracy. But this constitution which is founded on a vision of Western civilization which is so Greek in roots also remembers with gratitude the preservation of Greek Lore in the Monasteries and the Germanic swords that beat back Norse and Saracen to found the Middle Ages and then the renaissance out of the dark ages twice. We hold the Basileus Arkadios goes all the way back through all this and was clearly a hidden and often a minor player in these great struggles. Thus Democracy is tied up with the Manorialism and Western Monasticism that developed over time and this constitution shows these connections and developments. One can say this is Greek, Hebrew and Roman Constitution in large part and yet say also that it is Teutonic. This writer could answer the following questions:
Do I think the Hapsburg’s empire for so long was one of humanity’s great achievements? YES, I do.
Do I think Charlemagne was deserving to be called at least a Father of Europe? Yes, I do.
Do I think that Goethe, Saint Boniface, Meister Eckhart, Bach, Mozart and Beethoven made stellar contributions to Western Civilization? Yes, I do.
Do I think the Germanic English despite murderous scandals, silliness and stealing credit from other Celtic Brits or socio-morally solvent? Yes, not rich but solvent.
Do I think that the right wing Teuton chauvinistic Austrian Patriot Prince Meternich was a collossus in modern times and a fine Christian as well as a good role model for many constitutional thinkers? Yes I do.

How much more then could I list the British and French antecedents of elements of this constitution with pride and without apology. The Western European elements and the Near East Elements are seen close together in this text.
So how can I justify my point view? This is the history that leads us to where we are it is not artifial nor simplistic ike that in many books. The erasure of sane temporal politics from Christendom is only one of the aspects of the nightmare world in which I live. The world we live into day is deeply deluded about everything including the US Confederate experience tied to the history of the new regime. Race and slavery are different issues and never totally merge nor are totally alien. Greek Lords and elite persons had slaves of several races. It is not absolutely horrible to imagine slavery compared to other evils in the world even if whites were enslaved in some cases. Genocide and chaos can be worse. In a Whte Supremacist society White slaves with white children by free masters would be in a somewhat different position than black slaves behaving in the same way but the difference would not be about hate. That was how Greece built the Western world 4000 years ago and I do not think that the way we behave today is better, I really do not. I think there have been better times in between but they are not these times which are better. However, this constitution recognizes the progress made to manorial serfdom and then improves upon it for a society which allows some servitude but up near the borders of where servitude is most amenable to true human dignity. A dignity absent in many conditions of life endured by people to day is present in the proposed manors.

So we can tell from a document discussing the fact that Socrates was indeed a white man what race meant in ancient and this constitution continues White Supremacy but limits it in the constitution, it acknowledges in this Direct Imperial aspect of things a role for that great Christian element that ties us not only to American experience but to the pagan kings on the borders of Constantine’s Rome or Armenians who declared the first Christian state and to all the varied and many people in the West have struggled for a long time to understand how Jesus and the Pagan Hellenic political science, British love for Royal dignity or Teuton Kultur go together. Many layers have been added to the thought of the Roman African Saint Augustine in seeing how the City of God goes with the City of Man. The rights of Democratic Man rest also in this Christian context. Jesus himself left us vast wisdom and quite a bit of room to maneuver in working out a truly Christian Politics but it has always been the battleground of many determined and very different people. This has made a difficult task nearly impossible and that is one reason that this is an officially post -Christendom society.

If this Constitution sets out a full understanding of Democracy in Western civilization it is a shame that less is made of the benefit we hope will be achieved by the advance in dignity and glory of the Imperial Capital City that is now Wshington D.C, If Greece is the single most significant Western culture and Jesus is ultimately our conscience then what is missing? Neither Jesus nor Greece gave us a capital city, Jerusalem is a mother to all nations not a capital . Rome is the Capital of Western Civilization. That is actually Rome’s greatest achievement in my view. It is not insignificant. In Rome our center hold in some way none of us really understand but for reasons that fill libraries as well. This Constitution is going to be tight about money but the idea of a glorious capital will be brought to bear on our society as the founders of our current union intended. Bit by bit we will make it great and glorious and the common man will also know a real benefit in that certainty which television and modern media will make more shred than ever.

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Section Three: Democracy
Subsection One: The Lower Chamber of the Direct Imperial Government Proper
Provision One: Introduction and Orientation
The Direct Imperial Government will have a democratic element in the Lower Chamber of Compact Assemblies , in the governance of localities themselves and in the governance of the Imperial Household to the degree that it is part of the DIG. It will bring democacry and other values to areas of a social wasteland where currently there is no governance through Guilds and Kindreds but we will focus first and foremost on the Direct Imperial Government Legislature because it is a that level that it really has something more to do with this Constitution than its own.
Provision Two: Seats in the Lower House (or Chamber) of the Direct Imperial Government Legislature
Item One: Compact Seats
1.There would be two delegates elected from the Lower Chamber of each Compact Legislature of the Thirteen Compacts of Jurisdictions making up the empire.
2.The Empress would also appoint four outstanding female delegates from throughout all of the Lower Chambers of all the Compacts.
Item Two: Zone and Fiefdom Seats
1. The lower chamber of every Compact Zone in a State would send two delegates to the DIG Legislature on years ending in 0,1,2, 6,7, & 8.
2. The lower chamber of every Compact Zone in a Territory or Possession would send two delegates in years ending in 0,1,3,4, & 9. They would send one delegate in years ending in 2 & 5.
3. The Advisory Council to the Seigneur in each Fiefdom would elect two delegates each three-year term to this chamber. The highest ranking Mistress certified by the Mistress of Ceremonies to a Peer Elector or(if there is none such) to an Heir to the Peer-Elector who is Seigneur of each Fiefdom who is not an aristocrat will be seated in this chamber perpetually.
4. All other zones would elect one delegate for a three-year term and the delegate would always be seated.
Item Three: The District of Columbia Seats
The District of Columbia would seat forty delegates according to its own constitution.
Item Four: Crown Colonies and other Colonies
Based on a set of criteria in the DIG Supreme Charter shall seat either one, two, five or seven delegates. There would be no colonies above one seat in the beginning of the DIG.
Item Five: Imperial Services Seats.
Every Imperial Service shall elect two members from it Employees Association. Every Imperial Service will also have one member appointed as a delegate by the Imperial Civil Service and one member appointed by the GRIHHA. Military and Civilian services shall be equal in this regard and members of the Nobility of any kind may not serve in these seats.
Item Six: Guilds
Every Guild that conforms to the Supreme Charter and has a Guildhouse on DIG land will be represented in this chamber.
1. Senior Invited Guilds will have four delegates each. These shall include and mostly consist of the following groups if they form guilds: California Vineyard Guild, Old American Sugar Guild, Louisiana Oyster Guild, Louisiana Crawfish Guild, Texas-Oklahoma Cattle Guild, Seaboard Tobacco Guild, American Brewers Guild, New England Shipwrights Guild, Chesapeake Shipwrights Guild, Gulf of Mexico Shipwrights Guild, Louisiana and South Carolina Rice Farmers Guild, California Fruit Guild, Great Lakes States Apple Guild, Florida Citrus Guild, Idaho Potato Guild, Wisconsin Dairy Guild, Old Southern Cotton Guild, Silicon Valley Electronics and Information Products Guild, Wall Street Financial Services Guild, The Guild Named for the Johnsons that Joins American Family Manufacturers of Consumer Products , the Kentucky Distillery Guild and the Old Steel Guild.
2. Every other Guild will elect two delegates.
Item Seven: The GRIHHA Appointed Family Seats;
The GRIHHA will appoint a whole set of seats to four-year terms by general vote of their assembly.
1. The GRIHHA will appoint ten grandmothers at least nine of whom are not aristocrats from Family Associations.
2. The GRIHHA will appoint twenty mothers at least eight of whom are not aristocrats from family Associations.
3. The GRIHHA will appoint fifteen Family Associations who will chose their own delegates.
4. The GRIHHA will appoint five first wives or high wives of men with harems or licensed mistresses who are not aristocrats.
Item Eight: The Imperial Chaplain’s Seats.
The Imperial Chaplain will appoint ten Catholic, three Orthodox and three other member of religious and clerical classes of low rank to the chamber.
Obviously, the lower Chamber will be large and therefore somewhat unwieldy. However, it is meant to be large and there is nothing unnecessary about its size. The Supreme Charter and the Constitution would only assign limited powers to this Legislature. However, the work it would do would be essential and vital to the whole regime.
Item Nine: The Diego Garcia Seats
The people of the Diego Garcia island ethnicity who are citizens of the Direct Imperial Government Jurisdiction shall have fourteen officials in their tribal government appointed to serve in the legislature by their chief, five more such officials elected by the tribal council at a full meeting. In addition they shall elect two from each of four composite districts which will consist only of Diego Garcia people voting in each of the zones which together will make up the entire Direct Imperial Government Jurisdiction.

Subsection Two: Democracy in the Varied Councils, Polls and Agencies

Provision One: Subsection Preamble
There are more limits on the non-aristocratic Citizen-Subjects of the Direct Imperial Government Jurisdiction than is likely to be the case in the Constitutional Jurisdictions. People are required to show certain courtesies of address and entrance and departure by rank. Dress codes are more common and challenges are easier to issue and uphold. Crimes of sacrilege and blasphemy, torts of alienation of affection and breach of promise the Laws of Natural obligation all govern life there. It is to be seen that to many life in public is better perhaps for the common man in the other jurisdictions — although some may disagree. However, the public life is not the whole life of the Jurisdiction nor or all aspects of public life equally public. This Constitution is primarily a Constitution of the Union, secondly of the Empire and thirdly of the Full Society. Each of the Constitutional Jurisdictions has their own constitution and it is acknowledged here but little else. The Direct Imperial Government Jurisdiction is not so completely separate from the Direct Imperial Government Proper and so it rates more mention in this Constitution but as a Jurisdiction it is mostly outside this Constitution. The Constitution of the Direct Imperial Government Jurisdiction will be the Title “Jurisdictional Constitution” in the Direct Imperial Government Code. That Constitution will complete the plan broadly sketched here.

Provision Two: Fiat Zones
Fiat Zones are under the direct Control of the Emperor or Empress ex-officio or of the Direct Imperial Government as such, or the Grand Imperial-Royal House and Household Assembly as such which may act through agencies. They recognize no permanent residents other than members of the House or Household or employees and officials of the government and their close dependents. There is no local council and polling is rare.

Provision Three: Autonomous Domestic Regimes
Autonomous Domeestic Regimes shall be under the cloak of domesticity which must be pierced for any action. The representative of the Autonomous Domestic Regime shall be informed in the event of any lawsuit, arrest or criminal inquiry involving any member of the Autonomous Domestic Regime. The Autonomous Domestic Regimes of the Direct Imperial Government Jurisdiction are entitled to have an account in the Public Section of the Imperial House and Household Bank. the Commoners who are members of the Autonomous Domestic Regimes are immune to the duites of the Imperial Militia and Robot so long as they are in good standing with analogous duties in the Autonomous DOmestic Regime.

Item One: Fief-Manors
Each Fief Manor shall have either an Upper Grand, Grand, Modest or Lower Manor Council. These shall be governed by the Title “Autonomous Domestic Regimes” of the Direct Imperial Government Code. However only these four templates must be used and individual Manor variances from the templates all in the gift of the Emperor alone and limited to what is a simple variance per year. All four templates shall provide meetings with and without the petty-monarchy of the Seigneury and Seigneur and Seigneur’s Lady if the Seigneur is a Lord, representation by rotation of any Heirs, and other officials on a dais. The Dais shall have a veto over all bills passed by the Council Floor. The Council Floors shall consist of no less than half their member drawn from male-preference Serf-Pettyholders and also include Pettyholder family members who are domestic servants, any Maitress en Titre descended of the serivle population, militia member who are half-free and residents of the free quarter if any elected by the Servile population. The Council shall have the following powers:
In the Floor alone,
1. To appeal for Imperial review of any case in which local remedies and appeals are exhausted.
2. To declare two exceptional half-holidays each year.
3. To censor the entertainments in the Square and Commons.
In the Whole Council
1. To enact sumptuary laws within the limits of the constitutions
2. To hold three or fewer unique festivals each year in the Manor
3. To direct the Police and Manor Watch and the jail
4. To file for a Hostile or Friendly emancipation with the Emperor of any Serf not a Pettyholder.
6. To participate in the succession of the Seigneur according to the Manor Charter with the Consent of the Emperor and any intervening liege.
7. To ammend the Manor Charter with the consent of the Seigneur.
8. To counsel the Seigneur.

Item Two: Monasteries
Roman Catholic and Greek Orthodox Monasteries shall have the most high rank and privilege in the Direct Imperial Government Jurisdiction. However regardless of current Church Practice both governance and succession of an Abbot or superior must be certified by the Imperial Chaplain with the Emperor’s Consent to have both effective institutional unity with the larger church and real autonomy in the particular Monastery. The very fact of a logically perfect sytem will argue that this ancient balance has been lost and the monastery discredited.

Monasteries that are not Roman Catholic or Greek Orthodox shall have an observer in all cases from the regular courts of the Direct Imperial Government and appeals thereto but shall in many manners be subject to the ecclesial courts of the Imperial Chaplain and his laws titled “Civil Derivations of the Canon Law” in the Direct Imperial Government Civil Code.

Item Three: Special Palaces

Seraglio Palaces are under Harem law even if the achieve autnomous status and Harem law and governance apply in all practicable matters.

Imperial Tribal Palaces Proper are governed under the laws of the Bouletherion.

Provision Four: Compact Zones

Within the Direct Imperial Jurisdiction the Compact Zones shall offer the greatest public equality of manner in law and honor to commoners. The Compact Zone residents shall have special priveleges within their network of Compact Zones and each network of Compact Zones shall be governed in many ways by the Compact Assembly. The Special Vice President Appointed by the Emperor shall appoint a mayor for the goverrnance of each Compact Zone in his or her network. Each mayor shall be subject to scrutiny by a Zone Council who shall also pass all ordinary ordinances, collect all taxes and appoint the Chief Constable for the Zone as well as holding up to three unique festivals and organizing the local militia. The Zone Council shall have a Dais with two appointees each of the Bouletherion, the GRIHHA and the Compact Assembly the Dais shall have an inner majority veto over ordinary legislation and its members an equal vote with Floor members in all matters. The Coucil Floor shall include The Chief Resident of each licensed Guildhall in the Zone, 12 residents of each sex chosen at random for one term, the official reperesentative for each licensed political party with members in the Zone, three at large members elected for life by direct vote from and by all Zone residents and two sets five representatives serving two year terms in an election where all family associations belong to one of five blocks and all memebers of those families vote equally in a single slate election twic in the five year cycle and have no direct representation in one year of the cycle.

Provision Five: Special Districts
Imperial Military Districts will be governed under Imperial Military Law. General or Unclassified Districts will be either small anomalies or else be divided into five subdistricts each with a cultureal commerce and legal objective of its own. These five subdistricts are The Emperor’s Own, The Empress’s, The Imperial Mistress of Cermonies’, The Honor Guard Commander’s and the Imperial Solicitor’s. These subdistricts shall be governed seprately in most local and municipal matters but where district wide decisions and actions are needed the government of each shall send delgates to a District Assembly. The District Consul shall be a member of the Inner Imperial House and shall work with the council to discharge such law and governance as are needed. A random jury of twelve commoners from each subdistrict shall have the power of petty tribunes over this District Council.

Provision Six: The District of Columbia

The District of Columbia known also as the Imperial Capital City will have a Constitution in the Section District of Columbia Constitution in the Title Jurisdictional Constitution of the Direct Imperial Code. I t shall be governed in accor with the same.
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if you have the energy to discuss this with friends that would be great. But the basic point here in this Section Three “Democracy” in Article Six “The Direct Imperial Government” is that for our system to work there must be broad respect for a Direct Imperial Government which is necessary to that political life which we all share. The Direct Imperial Government is very complex is not entirely subject to this Constitution although it approaches that in a complex way. This is more different from the current Second Union in a variety of the largest ways one can conceive. But in the midst of such royalist and aristocratic changes one can still see our heritage of mixed government. Not all democratic representatives are elected in the same way and there is a complex variety of means for electing those who represent the large majority of the Citizen-Subjects in this Jurisdiction. There are few traditional American elections of representatives who are in population based districts depending and a great variety in the case of district voting as to what type of district is being drawn. This country is not now nor ever has been a democratic republic but rather is a mixed government Constitutional Union of mixed government republics. However, under this Model Constitution the society which has evolved into an Empire and Union uniting various kinds of polities and with a royal monarchy in an Imperial framework has a House of Representatives which is more true to the democratic and republican principles than ever before in many ways. The Direct Imperial Government functions to help achieve many goals already espoused by many elements of our society but facilitates these ideals more directly with the many new institutions under the Model Constitution than anyone addresses these problems under the one currently in force. The democratic elements and functions of the Direct Imperial Government are delineated in such a way that one can see that although they are in subordination to the lead of a Monarchy and Aristocracy their functions are important and carefully preserved in a system which is broader than their diminished importance in legislation proper.

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.

Discussion on the Model Constitution (21st in Series): Direct Imperial Government, Monarchy, Funding, royalism

Why and How I am a Committed Radical (21st in Series): Direct Imperial Government, Monarchy, Funds & Royalism
by Frank Wynerth Summers III on Saturday, May 5, 2012 at 10:28pm ·
This Note will be about the first two subsections of the First Section of Article Six 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:


This note deals with a series of constitutional principles which are not well known or very relevant in America today. In this Constitution these principles will be very important and so they are discussed here. These principles relate to the financing of the Imperial element and the power mediated and shaped by the whole Direct Imperial Government of the Emperor and his House over royalism itself within the Federal American Empire of the United States. There are few things more useless than a model statute or constitution without understanding of its function and application. Where large and significant changes are proposed it is even more important the writer explain how various elements of the system will work together to solve existing problems. Somehow, the readers must one or more of these elements which may be entirely unfamiliar will work together in comprehensible structures to solve real problems. That is more or less what these notes aspire to communicate.

The Emperor will be a figure, post, status and office very distinct from any currently existing in the United States in this Second Union. It is subject to a number of constitutional principles not relevant currently. This revolutionary change which embodies the radical transformation which will occur when this Model Constitution is ratified and put into effect will affect the economy, fiscal policy and finances of the regime. These measures will take time to fully operate but will restore the United States of America to a secure financial footing in all probability over time. Among the measures which will create greater financial security and fiscal stability are the following:

1.This Constitution restores a metal standard at the basis of the money of the polity.
2.The First Executive Vice President shall have a line item veto to slim down the budget.
3. The Imperial Wellness Agency will set a floor against some of the growth of medical costs.
4. The reform of Social Security and related programs will bring those emtitlements under a modicum of control.
5. The Possessions and the Territories with their set-asides and constituional repsonsibilities will create a culture of responsibility and bring resources to bear while the government will denounce programs to bring about racial equality.
6. The Family Associations, Domestic Regimes, Bureau of Women’s Affairs and ministries and offices of the Imperial
Mistress of Ceremonies as well as the government denouncing goals of sexual equlaity will create a healthier environment which is more economically sustainable.
7.There will be greater accountability in certain areas of government which will show over time.
8. The idea of social obligation with wealth will be supported by the Honor Code, laws related to Manors and Ordinary Nobility as well as the institutions already mentioned and in time this will erode the most disfunctional kinds of free market behavior.
9. The goal of wealth within the constraints of society will be recognized as valid in a more official way and its infrastructure will be more supported and in time this will erode the most disfunctional kinds of economic levelling
10. Large programs will be sustained which push society toward growth in a more complete way and assure some benefit for all sectors of society and most individuals.
As these programs set in it eill also be the case that communities, famlies and other institutions will be supported in enriching life and increasing meaning in ways that are only partly measurable in economic terms. This will be part of the reshaping so that while there is upward and downward social mobility people will feel that they own a place in this society and certain qualities about themselves. Government may not shrink in absolute terms but it will be different andf in that different contect it will matter that “the king shall live on his own” is a constitutional principle. The Emperor will be an imortant figure if this stage is reached and when that occure it will matter to both sides that the regular budget does not go to the DIG.

The entire discourse much of our political spectrum will be truly rearranged should this Model Constitution be ratified and become the law of the land. The Empire will operate in the Constitutional Jurisdictions as well as in the Direct Imperial Government Jurisdiction and in many cases it will assist in the social burden and humanitarian enterprises that are well linked to taxation. Yet it will do so out of a budget which is fixed and not legislated and is tiny and by being entitled to make a profit on parts of enterprises which are also philanthropic. Thus the law and constitution will provide that those doing forced labor will receive a modest compensation as well as the intrinsic skills and experience. But still the empire will be able to employ cheap forced labor to bolster its legitimate enterprises in the work of ilicit migrants and convicted criminals. These agencies will be dicussed later. Some of their earning will go to their own families and to their victims and thus reach the neediest with income. The Enperor and his House would also draw some funds from this venture.

Every manorial fiefdom or fief-manor in the Direct Imperial Government Jurisdiction will have an almonry giving charity to the outside poor, a day laborer’s program for low paying work to those unemployed and able to reach them. These will not operate all the time but each manor will be required to publich them. Each manor will be required to offer a rental infrastucture of mills, offices and marketing, common pasture, a grand compost facility and other benefits to Serf-Pettyholders as well as a school, a clinic, a place of worship and a militia stronghold under their Seigneurial guard. The Serf-Pettyholders will pay into a placement fund for their children not able to have a pettyhold so long as one member of the family takes the pettyhold the others may appeal to the DIG to be released. The Seigneur shall pay duties and taxes to the Emperor and the DIG and shall have the duty top uphold ecological laws and preserve both a hunting and gathering preserve and a pure preserve for all that is not human in the region where such a fief-manor is located. These are the rules for the most common agricultural type but a grand seigneur who has two of more successful manor fiefdoms could apply for a license to entail a nonagricultural fief-manor in the same grand estate with the agricultural ones and the rules would be somewhat different for the urban manufaturing or other fief-manors. In return for all of this social burden what are the distinct advantages which a Seigeur would have? They include having a role in policing and the Courts of first instance. While the Seigeur is subject to DIG review and investigation he or she will have the chance to get their point of view into the legal record first in almost every case. The are entitled to the minimal rents on some and significant use fees on other assets and products of the manor. They are entitled to free labor of the serf-pettyholders on their own lands and infrastructure during certain seasons and to their service in the militia or if paid then in the Manor Guard. They have limited immunity which is till substanitial in tortious and criminal matters and mitigated punishment when not immune in domestic matters on the fief-manor. Serf-Pettyholders may vote freely in the Manor Council subject to Imperial inspection but they must abstain or vote as directed by their Seigneur in DIG elections. The released offspring of all such Serf-Pettyholders shal be US citizens under the laws and constitution relating to citizens. However, it shall be in the power of Congress to set their rights as citizens as regards elections, military service ans some procedural matters related to the Union. The Emperor and his House themselves wil be seigneurs and they are expected to support themselves largely on seigneurial income. Most Serf-Pettyholders of the founding are expected to be volunteeers willing to find a life more stable and connected at the cost of some mobilities and fredoms — it reamains to be seen how hard such slots will be to fill.

So with the network of Seigneurial services, care for working prisoners and distribution of their income, waste processing business, a transit and drugs related enterprise dealing with social problems, the network of religious entities overseen by the Imperial Chaplain, the Imperial Wellness Agency and their military the Emperor and Empire will seek to join and in a sense to compete with the Union in providing social services. In this there will be law and reporting but they are allowed to mix in tax funds, guild tributes and all sorts of money into the networks that provide such services. However, all this will be done to the degree it is done without any special taxes. The society as a whole will know from this Constitutiion how much everthing costs to kee this Emperor and House and that shall be the price. Thus “The King shall live on his own”. He may be fabulously wealthy or quite poor and it is not the concern of Congress.

This is an old system common across much of Europe a t one time as illustrated here:

At heart most Englishmen still believed that in peacetime the king should live on his own revenues. In fact, the desperate condition of the crown’s finances required urgent measures, but far from receiving any praise for his efforts, Salisbury after his death was described as:
Oppression’s praiser,
Taxation’s raiser…
The country’s scourger,
The cities’ cheater
Of many a shilling.
Between 1603 and 1612 only three years were free of taxation, and a particularly popular, mock-pastoral libel began:
Here lies Hobbinall,
our shepherd while here
That once in a year,
our fleeces did sheer.

If the Emperor and Empire were to grow richer and more influential over time the Constitution still preseves most advantages to the Union. Yet there could be more advancement of this segment than I foresee easily. What might some good results be?
Think of how among so relatively few holidays in this countries list of major national holidays we still celebrate Columbus Day. Banks and Post Offices are closed here in the United States. We do all that to observe a holiday that commemorates the man who in 1492 sailed the ocean blue.

The memory of this man and his ideals is not a hard thing for me to honor. He did help to bring about the end of many small and largish worlds and partial worlds of men but he also represented powers less destructive, corrupt an evil than some on the stage. In addition the man’s sense of adventure, exploration, faith and courage are admirable.
There is a great deal that happened in the years leading up to and following hard upon 1492. First of all there was the recovery of the Classical and other Greek Culture from the Muslim States in Spain which led to the Renaissance. Today we use Arabic numerals and there certainly is much that Arabic and Islamic culture can claim to have contributed. However the destruction of Hellenic Christian culture in Egypt and all of North Africa, in what is now Turkey, Lebanon, Israel, Syria, Armenia and farther afield mostly was a transfer of a far superior civilization to the inferior and backwards Arab Muslim culture. The West was triply backward. Rome had never equalled the sophistication of the Alexandria, Jerusalem and Athens in their different ways. It surpassed them in some things but not overall socio-technical development. Then the relatively narrow and militaristic Romans were conquered by the more narrow and militaristic German Barbarians. The Greek influence from the East had helped to lead towards a new civilization untill the Muslims cut off those well springs as they destroyed what was a left of the great Greek civilization of the Eastern Roman Empire based in Byzantium. The conquest of the Muslims in Spain brought this scholarship back to the shriveled remnant of Christendom we would come to call Christendom. Many Jews converted because those who would not convert were required to leave Spain. There was a Spanish Christian King with a Jewish mistress who opposed forced conversions and was known as Pedro the Cruel and he was defeated at about this time by another Spanish Christian King. The good of this forcing of a single Spanish identity in formal religion that these Jews did refresh Christianity in the West from its Hebrew roots. The tragedy is the suffering of the nonconverting Sephardic Jews. The experience of Spanish Moslems mirrored that of Spanish Jews to some degree. The possibly Italo-Spanish Columbus of mixed Jewish and Latin descent came from all this to bring forth a new world off opportunity. The modern world is probably much better than it would have been had he not succeeded. Had he not succeeded then a much more violent, paranoid and desperate Muslim or Christian civilization would have succeeded decades later. Latin America remains a mix of Aboriginal American cultures and Latin Cultures as well as a genetic mix. Without Columbus and his ideals there would have been a more destructive approach in a few years I feel certain. I am not uncritical of his legacy but I still believe in civilization and he was a man committed to civilization. Never was mere selfishness, cowardice nor greed enough to shape his life. He was an imperfect man struggling to do good in an imperfect world. He sometimes struggled to do things less clearly good. However, he never fell away from seeking after true greatness.

We need people of the caliber of Columbus today. When we celebrate Columbus we are celebrating his patroness in official planning and licenses and his financier Queen Isabela. She did a great deal to make the unimaiginable potnetial of a practical dreamer real in ways that royals with extra cash do more often and more effectively than almost anyone migh imagine these days and which few other players in society ever do. The Empreror, EMpress and others will be able to think of the whole interest of socirty when they have avialble wealth to invest and be able to join this common good to their own interests. We need quests pursued to spectacular results. However, we have to have the Isabellas who will relive the legacy of the Spanish Queen who supported him…

This Constitution is definitely an attack on money as the sole standard joining all excellence in our society and yet I believe our money system will be stronger. The Spartans were vastly more radical in theianti-money views than thios constitution but there are connections. It is important to remember that Sparta was never very poor nor a fiscal disaster. Oddly enough their greatest trouble were military ones although they were the most learned warriors and best trained fighting men in the west at that time. Let us remeber their view that money isn’t everything before we leave this topic.

There will be some inconvenience if this is done. But money flows too conveniently now. Let us look at the opposite Spartan extreme for a reference:
The link to this site is: http://www.laconia.org/sparti_h_1.htm
“One reason why wealth was less desirable lay in the fact that Sparta’s authorities refused to adopt the system of making silver into coins in the manner of other Greek cities. Instead she continued to use unwieldy iron bars for money. The historian Xenophon commented that ‘ a thousand drachmas’ worth would fill a wagon’.Spartans were also forbidden to travel abroad , except on state instructions, and foreigners were not admitted to Sparta without supplying a very good reason for doing so . This was to prevent the citizens from being corrupted by foreign ideas and morality. “

I am not advocating any of that behavior but it was a society with a monetary policy that worked while many have failed with a failed policy. I do not advocate the Spartan approach or the very different return to the gold standard. However, some do advocate it today. “There is no reason, technically or economically, why the world today, even with its countless wide-ranging and complex commercial transactions, could not return to the gold standard and operate with gold money. The major obstacle is ideological.” See the link: http://www.thefreemanonline.org/featured/how-to-return-to-the-gold-standard/#

I do believe the nuanced monetary policy I advocate is metalic but modern and will help. There must be a hard enough moeny for us to be just abroad and for the slower money flow of large sections of the Empire proper to interact with that of the faster parts of the economy in a fair way,

So that is what has gotten talked about here. Below, find the text of this notes passage from the Model Constitution.

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Subsection Three: Funding and Treasury
The funding of the Royalist section shall not be subject in large part to the ordinary legislative process. The Operating Treasury of the approximate dozen major agencies of the Imperial Bureaucracy would receive certain fixed funds by Constitutional prerogative:
1. One half of one percent of all revenues collected by the Federal government during each year would be given to this Operating Treasury.
2. A fourth of any and all taxes collected in the Direct Imperial Government lands would be evenly divided between the Imperial House Trust and the Operating Treasury prior to any other claims upon them.
3. All those passing through the entries to the United States in the Royal Fiat Zone would pay a fee and all freight would pay an entry tariff to the Imperial Operating Treasury and the Imperial House Trust. A formula for these fees would be set permanently in the constitution. The Emperor would have the right and prerogative to make use of the labor of apprehended illegal aliens and to maintain an office of Liaison with Canada and one with Mexico solely to operate this program in a state of transparency. The Emperor would have no obligation to arrest or detain anyone and the US Border Patrol would operate on the interior line of the Fiat Zone as on an international border enforcing US laws of immigration. These aliens detained by the Emperor would be paid, fed and housed but paid less than other American workers for Imperial projects especially in the border’s Royal Fiat Zone. There would be an escalating system of arrests. One week of labor on first arrest, six weeks on second arrest, twelve weeks on third arrest, one year on fourth arrest and five years followed by legal acceptance as permanent resident aliens on fifth arrest. All aliens would be released with some portion of the profit they had earned when released, a portion equal to half the amount the alien received would go to the Transparency and Resettlement program of either Canada or Mexico or be held in trust until such date as they should agree to set up such an office and program. Labor would be forced but consistent with the health, capacities, skills, willingness and interests of the aliens. The regular US border beyond this Royal Fiat zone would operate on separate and parallel rules.
3. The Emperor and Empress would each have an ex-officio Estate and Manor and the Peer-Electors would each have certain covenants to entertain and support some aspect of the Household from their estates. The legal principle regarding these operations should be “The King shall live on his own”.
4. The Imperial Operating Treasury shall receive one tenth of the revenues produced from all foreclosures in the United States but shall at the end of three years of earning conservative interest remit half of these funds to pay off the national debt. This shall be both a tax and a penalty on foreclosing institutions. The Imperial Operating Treasury shall also remit one tenth of these funds to the General Treasury of the Direct Imperial Government.
5. The Imperial Services shall include a Stock Market Assurance Agency. Every share of stock traded in the United States will be charged a one percent SMAA premium. A third of each premium will go into a General Recovery Fund. Most of the rest will go into accounts attached to the names and credit of various players in a transaction according to rules set out. Each stock exchange in the United States will also pay one half of one mil of its gross gross volume of trade to the SMAA as an annual premium. When a company fall into nearly nill value its shareholders, employees and creditors will be entered into an SMAA Company Holding Venture. The SMAA will evaluate which of a schedule of options is best from partial making whole of all, to a minimal settlement and dissolution of all interests and to a rehabilitation of the company. The Imperial operating Treasury will receive one percent of all revenues collected by the SMAA as an operating fee.
6. By a set of laws set out in the Constitution the Emperor shall have a right to profit from anything left to waste and ruin in the United States.
7. Every person voting in a national election would pay a nickel to the Emperor each time the voter exercised this right.
8. The Emperor shall have fees and excises associated with titles from which he may derive incomes.
9. The Imperial Commerce Agency of the Imperial Services would be set up to pay taxes on activities of the Emperor and House in the free and private sectors of the economy. Both parties may engage in such activities and profit from them but when they do they can sue and be sued through this Agency within limits of protection established in law and in this Constitution.
10. Should any new lands be added to the sovereign holdings are other true domains of the Federal American Empire of the United States then no less than one mil of these lands in total acreage and one percent of all public lands shall go to the Emperor and all of these lands will be in the Direct Imperial Government Jurisdiction. One fourth of these lands ceded to the Emperor shall be be Fiat Zones which are his but under his most direct Executive powers and privileges as a the Executive for Direct Imperial Government and subject to administration as government lands. The second Fourth of these lands will be domestic regimes set up in autonomous fief-manors with their own titles but linked ex-officio to the Emperor as Emperor and to the Empress and such other titltes as there may be sufficient lands to afford. The third Fourth shall be bestowed by the Emperor with advice and consent of the Direct Imperial Government on new Vassals of the newly acquired lands. The last Fourth shall first be divided into estates with Baronial class tittles entailed which shall be tied to the true personal line of person who is Emperor not as Emperor in his case or in all other cases as a new baronial entailed estate under the Direct Imperial Government Code. Once set up these manors will go first to the Emperor, second to the Empress, third to the Imperial Mistress of Ceremonies, fourth to a seeded Heir and fifth to a Harem Consort and sixth to a member of the House or close relative of the King who is neither Empress, Mistress of Ceremonies, Seeded Heir nor Harem Consort. In the fourth, fifth and sixth places in this cycle the recipient shall be determined by whim of the EMperor within the limits described. The six element cycle shall be repeated until all the baronial estates are distributed.

Subsection Four: Crown and Center of all Royalism in the Empire
Provision One: Change of Style in Constitutional Jurisdictions
1.The GRIHHA must by a majority simple of a normal quorum reccommend a Constitutional Jurisdictions change to a fully royalist regime rather than a nearly republican regime in a royalist system and then the Emperor must approve it before it can go into effect. Then the Congress may submit a bill of Concerns to the Jurisdiction and they may respond and if they are not agreed to then the Congress may appeal them to the Emperor and veto the change for one year. The Emperor may make two ammendments analagous to the second class of Federal Ammendments from the Bill recommended and they shall become law by fiat of transition.
2. The DIG must recommend and the Emperor must approve a transition of a Constitutional Jurisdiction from an internal royalist regime to a republican regime. The GRIHHA must appove this and either the Emperor or EMpress may veto such approval pending both one year’s delay and a two-third majority override.
3. Royalty not in the Imperial House for these purposes in others shall include first and above all Jurisdictional Royalty not directly derived from the Empire which at first shall consist only of the Royals of the Territorial Kingdom of Hawaii but may in time include others as well. They shall be entitled to special recognitions and variances of family institutions and the exercise of Monarchy in their Jurisdiction and representation fairly high in the Council of Nobles of the DIG legislature. Royalty not properly in the Imperial House will secondly those Peer-Electors who hold full titles of the lower reaches of royalty and they shall exercise their roles as given in the Constitution. Both the rulers and laws of the Union shall take into account other royalty whether visiting, refugee, foreign or Citizen but their royalty itself has limited protocol importance which is greater the shorter their stay and less constitutional importance which may be established by settlement of claims or gift in recognition of rank and limited thereto.
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If you have the energy to discuss this with friends that would be great. But the basic point here in these Subsections Three ” Funding and Treasury ” and Two ” Crown and Center of all Royalism in the Empire” of Section One “Monarchy” in Article Six “The Direct Imperial Government” is tied to the usual tension that for our system to work there are always different levels of government and these relate both to the sharing of sovereignty and the exercise of government. However, in this end of section one there are two very specific points. First, the wealth, estates, tiny percentage set-asides and other benefits due to the Emperor and the Imperial House are especially not subject to any ordinary budget discussions or taxations by Congress or any other Union elements. Secondly, The Emperor and the Imperial House are not able to draw on the General treasury or the Congress for funds except where extraordinary events and challenges join the Union and Empire in an unusually direct way in a common enterprise outside the normal scope of the Constitution. Thirdly, this Article assures that no understanding of royalism and these special institutions can grown up through jurisdictional royalty which tends to abolich the whole regime. To prevent this the Emperor and his House have some special reserve powers as regards royal regimes throughout the society.
For, some of this context and scope read the rest of this bold section and see a slightly different turn of some phrases familiar to those who have been reading along so far. In this Constitution the Emperor reigns over the Empire and has a very diminished role in the Constitutional Jurisdictions. However, the same person who is the Emperor is also the sovereign monarch of the Compact and possibly of Constitutional Jurisdictions in Louisiana. Beyond that the Emperor as Emperor directly exercises significant Executive power in the Direct Imperial Government Jurisdiction. Then there are Constitutional reservations and grants of authority and privilage to agencies of the Direct Imperial Governement through and for its agencies which provide effective connections of society’s democratic elements to its royalty through an aristocracy and minister tot the needs of the full society and of the inner Imperial institutions through effective national and regional organizations these agencies have specified ties to the Union but are administered under the Emperor and Imperial House as the Direct esecutive to which they are respond. They also cultivate throughout society a culture which is loyal to the Emperor and Empress as well as responding to the demands of a society with federal, combined styles, and a mixed government nature of our society. Specified roles in foreign relations are alotted especially to the Compacts where a particular relationship is most recognized and the Emperor appoints important figure in each of these compacts. While the Imperial institutions will conduct these and many other activities largely within the Empire Proper or its subsidiary and annex in the Direct Imperial Government all of what is done in these ways will have to be recognized in the Union as well and needs this Constitutional support and must find its role within the Union and Empire. Later in theses notes the discussion of the role of lthe Direct imperial Government continues with this Article’s discussions of the role of the Five-Fold Nobility in this Direct Imperial Government element of society and then goes into the democratic aspect of all of this. Much of all three aspects has a monarchic overcast in the DIG just as in the Constitutional Jurisdictions which retain republican forms from the second and first union there is a democratic hue to everything. So part of what is said in these two subsections applies to this whole Article and part is limited to this section on Monarchy. The two big he language about the Direct Imperial Government is most important in authorizing and describing those functions of governance which will form much of the structure of the newer elements of the new Constitutional Union.

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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Frank Kerksieck Batson likes this.

Frank Kerksieck Batson This is somewhat interesting as a rant against the problems that we face in our country today. Our country has evolved into an albatros similar to the proposed changes. Louisiana has always been front and center as an incubator of rot. Who should be emperer and what religion should be approved?
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Frank Wynerth Summers III Thanks for your comment Frank. It seems like it could be satire I am sure but it is not. Actually, this is not sarcastic. I always pick a few of those with the strongest prejudices in favor and the strongest against each note to tag. I am not trying to sneak anything through or live a double life.

This is a proposed revolutionary regime in which the vast majority of people would live in States, Territories and Possessions and which would comprise all the lands under the US flags. Except for some mechanical changes and real assurances of autonomy for each State a person such as yourself would likely notice very little direct change in your life. The Emperor would be an official Christian but the neither the part of the Constitutional Union which is really the reformed Union in the norm,al sense nor the Empire aspect will have an official religion. There will be more complex freedom of religion and less freedom from religion but there will be all the seminaries, temples, churches now.
However, a tiny portion of lands would be made up of the manor-fiefs mentioned here. Each would have an official religion approved by charter under the one single Jurisdiction made up of small zones and patches of land of various kinds, they would have a “Convivencia” for tolerance of those not of that religion but ideally these would move out to another Manor in a swap over generations. This small percentage of much less than one percent at first would be a Domestic Regime like many others. All domestic regimes even in the states (families, monasteries) would have enhanced rights under the new constitution.
Even in the Jurisdiction where the manors are there would be mostly districts not manorial where fully free citizens of the jurisdiction are involved in the guildhalls, compact assemblies and border guards as well as the District of Columbia. Finally the forced laborers mentioned as income to the Emperor only serve a period of detention for migrants (more with each of five offenses and then legal residency for a time at least) or in the case of convicts serve the middle of a sentence beginning and ending in their State or other prison. Some of the money they earn would go to their home prison system which would not have to care for them, some to their pockets in a small weekly check, some to pay minimum FICA payments, some to monies they would receive on release. With this and the stream of money to their family and victims they would have less need to repeat their crimes.

The first three articles and the notes about them talk much more about life in the average this is extraordinary part of the whole. If a jurisdiction wished to charter its own manors which is unlikely at least in most cases they would only exist in that jurisdiction and would have to be approved by the high standards of the Imperial portion. This is a very controversial regime if you ever get to read it all and it is not sarcastic. However, it does not propose that most Americans will live on manors. First the Manor lands must be acquired and only few lands are available under any foreseen aspect of this founding process. Most people will live in the misery, hassle, fun, wealth, poverty and insecurity we call the Free Market of today as it evolves….

Discusssions on the Model Constitution (18th in a Series):Compacts of Jurisdictions, Major Compacts, Zones & Structures

Why and How I am a Committed Radical (18th in a Series): Compacts of Jurisdictions, Zones & Structure, Major Compacts
by Frank Wynerth Summers III on Wednesday, April 25, 2012 at 10:33pm ·
This Note will be about the First and Second Sections of Article Five 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:


In this Fifth Article of the Model Constitution there is delineated a scheme for putting the various States, Territories and Possessions of the new constituional union together in a specifed set of groups. Each of these specified groups will have a permanent presence, function and administration. These regional groupings will be of two types, Major Compacts and Minor Compacts. While the Major Compacts do not have a share in the sytem of sovereignty directly they are goven almost all the importance a level of of government which is not Svovereign in any way can have — like our great cities they will have many aspect of a society although existing within one and unlike a city’s residents all of their member Constitutional Jurisdictions will belong to at least two Major Compacts. The Minor Compacts will be much less significant and will coordinate the area of close influence, set-asides of a State especially (and some territories possibly) in a few minimal ways with a very limited infrastructure and administration for the Minor Compact. The transformation proposed in this Model Constitution could be said to create thirty-two new jurisdictions which will interact with the fifty current states and the one new state made out of part of Puerto Rico. There is no doubt that in fact there will be thirty two jurisdictions represented in Congress which are not represented there today under the 1790s Constitution. But although that is true it is not really the whole truth. The current regimes that exist in Puerot Rico, Saipan, American Samoa, Guam, the US Virgin Islands and DC will cease to exist and be remade intot he new Jurisdictions. Also the many Indian Nations and Reservations are remade into these relatively few new Jurisdictions.I believe the new system will be more just, more responsive, more secure and economically superior. The Major Compacts deal with regional issues. Of course, I admit before we go any further that regions are different than incorporated cities in that a wide variety of regions exist which will not be represented and that regions are fuzzy and indefinite by nature. There is a Louisiana Purchase Major Compact but neither a Mississippi Valley Compact nor a Delta Compact. There is Spanish Borderlands Compact but no Rockies Compact orGulf Coast Compact. There is Compact of Jurisdictions West of the Mississippi but no Compact of the Pacific Northwest. That is why there are three Compacts whuch are not regional. These are the Compacts of All States, the Compact of All Territories, Compact of All Possessions. All of the Compacts including these three respond to very important historic, cultural, political and ethnic (in the fullest sense) which have formed them in our real society and union.

I will try to address the the basic logical questions related to this article as I usually do. First, let me set aside the question of where the Compact Zones would come from. These and other questions will be addressed in the Article titled “The Founding” and elsewhere. So here I will confine myself in these preliminary remarks to discussing tow major question in my usual conversational and illustrative style. The first question I will address is whether regions matter. In a brief essay I can only give a few illustrations of how they matter to me as an American. I will not even tie this to the Compacts themselves although they will surely improve things as regards regional responsiveness. Next, I will try answer the question of whether the Upper Chamber of the Compact Legislatures is based in reality. To do that I will try to define the institutional framework of the Council of Nobles as filled by the Five-Fold Nobility proposed in this Constitution.

Let us begin with the issue of whether regions matter. I think most of us can think of many issues we share with others by region. I believe that had their been a Compact of Confederate States and a Compact of the Louisiana Purchase it would have been helpfull during the BP-Macondo Oil Gusher Disaster. I think an authoritative repository of regional knowledge, culture and expertise would have been useful.

What follows could be called an “Open Letter to Kenneth Feinberg” except that I have no reason to believe he reads my blog where it appeared more or less as follows. It is written in a manner such as I might use in writing to Mr. Feinberg if each item were imbedded in a letter, the you is a gentleman of high intelligence who was from outside the region. I believe had their been such a thing as I propose here would have happened for outside experts and it would have been good.
First, before we begin this tour you may wonder why you need it. I think the federal government should pay for it. That may seem an unnecessary expense. That is all the more of a sign that you do need it. It is not only pleasurable although there should be some pleasure in ti. Cultivate a really open attitude and disposition. Be more humble than usual. Mr. Feinberg you followed the news about Agent Orange for years before you mediated that dispute ( whether you were aware of it or not). You knew a great deal about the cultural features and institutions of the area of Manhattan that included the World Trade Center. You had heard of the Zapruder film for decades and you spent lots of time in universities like Virginia Tech. Certainly you could not call yourself an ingenue as regards Wall Street executive life. However, you are probably very much an ignoramus here. Asode from hiring consultants and masters to assist you I would urge you to take a tour although you will be criticized for some it and it must create some bad photographs which will (not merely might) hurt your image. Do it anyway, spend three days:
Evening One New Orleans:
a. Have someone knowledgeable discuss the Urner- Barry Seafood Price Current and the free wildlife and fisheries brochures of Louisiana, Mississippi, Alabama and Florida (and maybe Texas as well). Have them quiz you on a few areas. Then with the same small group order up some seafood and have a film party watch Louisiana Story and Angels of the Basin. Then have an offical of the Louisiana Seafood Promotions and Marketing board discuss the seafood that has been eaten and present a brief slide show on various species and fisheries. Get a good nights sleep.
Morning One New Orleans:
b. Take a special tour of the Aquarium of the Americas with the Audubon Institute. Then take a paddlewheel river boat to the Audubon Zoo. Have the Coast Guard point out various kinds of river vessels and industries. Let the Port Authority present a brief sideshow and the Hotel Association cater a brunch. When you arrive at the zoo tour the relevant part of the zoo with the Audubon Institute. Then walk across Audubon park to Tulane University. Meet with the Environmental Law faculty and students. Let them report on what is going on. Have a few snacks and coffee with members of the environmental bar and the licensing community.
Afternoon One and Evening Two Louisiana and Mississippi:
c. Have a helicopter pick up you and a couple of consultants and fly you over the wetlands and over Venice before dropping you at Port Fourchon. Tour the LOOP and have the various petroleum associations present you with a sideshow. Let Louisiana State University give you a history of the oil industry in the Gulf Coast with papers you can refer to later.
d. Take the refueled helicopter over the Atchafalaya and the marshes around Vermilion Bay to Delcambre, Louisiana have the business community, shrimpers and officials present the way that industry functions and the way people live. Have dinner at Jefferson Island and meet with representatives the eco-tourism industry. Watch the film about the Lake Peigneur Disaster. Tour the island and have The University of Louisiana at Lafayette present a lecture and slide show on the cultural history of Coastal Louisiana.
e. Drive to a small plane and have it fly you over the Gulf’s oil rigs on a special flight plan at night. Land in Biloxi, Mississippi. Take a brief tour of the Towns sights and stay in a casino hotel. Preside over a dinner hosted by the tourism community. Go to sleep.
Morning Two Mississippi and Alabama.
f. Drive on a high touring bus from Biloxi to Dauphin Island Alabama stopping to see beaches. In Dauphin Island here from the charter boat community. Have a seafood lunch. Take the fastest available charter boat from the Island to Mobile Bay.
Afternoon Two and Evening Three Alabama and Florida:
g. Attend a lecture in the Fort on historical tourism on Gulf Coast presented by the University of Alabama. Have dinner in a nice hotel in Mobile and hear a presentation on how the coast functions as an economic region across and within states presented by the banking community. Fly in a small plane to Pensacola, Florida. Have a geographer discuss patterns of lit up settlement. Stay in a very upscale beachfront condominium and have the real estate community present a sideshow and lecture on coastal real estate. Go to bed.
Morning Three Florida:
h. Drive from Pensacola to Destin stopping to see beaches and piers. Have a discussion with University of Florida faculty over lunch on the patterns of recent migration to the Florida Coastal regions and it national economic significance.
Afternoon Three Long Helicopter Flight :
i. Take a long helicopter flight over rigs ports and wetlands to Houma, Louisiana. Go to the BP Claims Center and have a discussion session with everyone working there. Ask questions, tour the facility meet some claimants who have been invited to dinner with you.
After dinner you will be free man. You will not know all that much but you will know what you do not know. Then when you do your job it need not be a long string of insulting misunderstandings.

I could go into a lot more detail about Confederate culture, greater Louisiana culture and many other matters. But suffice it to say there are many reasons why the work the Compacts would do must be regional. These are the right regions. I will move on for now.

I am now going to deal with what I called the second logical question about this Article. I am going to The Five-fold Nobility. One definitely cannot make an omelette without breaking at least a few eggs. The revolution proposed here will certainly involve some extralegal and forcible actions in its creation if it is achieved. If one proposes a revolution one can at best hope for a return to full legitimacy and a new normalcy as quickly and expeditiously as possible. The justification for a revolution is that a severe constitutional imbalance already exists. It is clear to me that in America we are in a constitutionally imbalanced state of affairs.

So let us begin by spelling out the system of Five-fold Nobility which would define much of the new regime.
I. The Five-fold Nobility
The five-fold nobility emerges as a very definite and essential structure for both the social and political structure of the United States and the Empire after the reconstitutionalization.
A. Nobility, Aristocracy, Protocol and Rank
There is no doubt that United States of America have formed a federal Republic since the American Revolution. There is little doubt that although many forms of inequality have heightened, our forms and customs have increasingly become those of and undifferentiated democratic (as opposed to mixed government) unitary republic. This new regime will be a very substantial adjustment to and correction of that trend. While a large set of open public and commercial spheres will be kept separate from the rest there will be a strong movement to awaken and assert that aspect of our society which is a society of rank. Most of the burdens of rank wil only be mandatory in the Direct Imperial Government Jurisdiction. Thus the Jurisdictions will be free to disregard most of ti under most circumstances in their borders. So what follows before the row of asterisks is abrief treatment of things under DIG law and the Constitution combined by way of introduction. The language of the Constitution does not empower the DIG to run life in the Constitutional Jurisdictions.
B.Ordinary Nobility
The founding of this system will require a relatively huge number of recognitions and elvations of Americans into the Ordinary Nobiity but the total will be less than one percent of the population. They will doubtless be a much wealthier tahn average group but not nearly all of them will be rich and even if the rich all chose to buy in they would be clustered mostly near the bottom if left to those titles which can be gained by paying fees, purchasing required assets and complying with the process necessary for elevation. The Ordinary Nobility are more or less the aristocracy of hereditary and life nobles who are ennobled to titles and privileges in a manner which is more recognizing and encompassing of the whole person than it is expressive of a functional excellence. While passivity is not their ideal they may still be described as passively noble. However they attain to a noble status they are noble intrinsically (at least in the eyes of law and custom). Titles flow over them but the Noble stature and even a rank is secure. There are complexities in this but still there is a stable quality to their state and this constitution will seek to channel their strenghts and limit their worse tendencies in a way which recognizes that in some senses they are secured at the top.
Birth is not the only thing that affects rank in any hereditary sytem. Acadian Ordinary Nobility is the system that will dominate here and in that system there are Four roots of a great title which mix in different ways in a lesser title. Those four qualities are Heredity, Merit, Election and Fealty. When the Ministry of Protocol and other parties consider the rank of such persons those ranking the ordinary nobility in absolute and functional terms will consicer fairly numerous complex features the Noble persons status. Those which are most important are:
1.Royal and or Imperial Rank and Status
2. Attachment to a Royal or to the Imperial House
3. Being a Peer-Elector
4. The Status of Heir or Consort
5. Attachment to a Constitutional Jurisdiction
6. Public Service and Public Office
7. Martial Glory
But while I cannot in a brief post get into how all of these feature will interact in practice I will say one thing. The scale of rank will be published and in most cases and for most purposes rank will determine protocol. A non-Elector Duke will usually have precedence over an Elector High Baron. There will be times when other factors change the effects of rank. However, usually as regards protocol the Classes will be:
Imperial Royals,
Royals: King or Queen, Princely titles to Demi-Prince and ArchDuke or ArchDuchess
Higher Nobles: these include all Marquis, Earls, Dukes, Counts and several others.
Middle Nobles: these include Viscounts, High Barons and other titles.
Lower Nobles: these include Barons, Supreme Knights and some others.
Then in each Council of Nobles there will be some Nobles elected by the Chivalry and Titled Gentry. The Chivalry or simply Knights (mostly but not all men) and Knight’s Ladies. The Titled Gentry will be High Squires and Squires and their consorts known as Mademoiselles, Subladies or Little ladies. These Chivalry and Titled Gentry all have full Second Class Access to the Honor Code and its general privileges.
C.Nobility of the Sword
1. Varied, Joint and Composite Roll
The Nobility of the Sword only comprises the upper ranks of the general system of military rank. However, it is to be linked by many devices of law and custom to the system of military rank as a whole. Cadets, recruits and privates are also seen to form a Constituent Base for the Political manifestations and operations of the Nobility of the Sword.
There will be many variances of rank in the nbility as official Ministry of Protocol rank compared to military rank but only a few simple variances by service are relevant to this Constitutional provision in a significant way.
D.Nobility of the Robe
The Nobility of the Robe shall consist of the Excellencies of Religious, Academic and Judicial realms of status and endeavor. These three noble groups are regarded as largely one group by law and custom. They are not required to duel to retain their honor and may insult, accuse and slander members of the Nobility in the pursuance of their official duties. They may question the legitimate nature and avowed rights of other nobles and forms of nobility without suffering ordinary liability under the Noble’s Honor Code. If they verbally or by sign violate the provisions of the Honor Code in Pursuance of the Official Duties they have a high but rebuttable presumption of Impunity. If they are challenged the Challenger must also file a Motion to Uncloak against them with the Office of Ritual Confrontation. In Ritual Confrontation they have the highest presumed rights to Champions and Mitigated Stakes of all sorts of Nobles.
Whenever the Nobility of the Robe are not in their homes or on the premises of a site set aside for their official duties they must carry with them or wear a sign or declaration of their status in the Nobility of the Robe or else be liable to violations of law and of the Honor Code. The Nobility of the Robe are to have some greater level of sexual license as regards promiscuity, homosexuality, and lewd behavior where the persons involved in the lewd behavior were all the Nobility of the Robe and the premises used spoke of an expectation of privacy. They are not so protected in other circumstances. The Nobility of the Robe Seating Block in every Compact Council of Nobles will be the head of an Association of the Nobility of the Robe in that Compact. Every member of the Nobility of the Robe will be taxed an additional one percent of his or her income which shall be divided (after a fee to the Collector) equally among all the Compact Associations of the Nobility of the Robe to which he or she belongs. The Compact Association of the Nobility of the Robe will have standing as a friend of the court in any court and in all matters involving its members.
The Joint and Combined Scale of Rank of the Nobility the Robe shall be somewhat brief than the scales of military rank which include or go below the rank of the Nobility of the Sword. The ranks in systems composing this nobility are varied but the Association shall have its own functional rank. Highest to lowest this shall be: First there is the Crowned Mitre. Second rank is The Mitre and Throned Coif. Third Rank is the The Cowl, Skullcap and Benched Coif. Fourth Rank is the Robe Proper. Membership and its privileges largely cease to apply after this rank and are not presumed to be of value or importance after this point in the scale. Fifth Rank is the Robed Vestry. Sixth Rank is the Outer Vestry.
Rank is determined by the following factors:
1. Greatness of the functional title.
2.Social Importance and Cultural contribution of the institution.
3.Age and Tradition of the role and institution.
4.Degree of Association with the Constitution, Royalty and Imperial House.
5.Conformity of the Title with the Emperor’s religion, philosophy and constitutional model.
No single factor outweighs the others. The Ministry of Protocol will describe the standards and with the advice of the Compact Associations of the Nobility of the Robe will issue the list of rank. Here are some examples:
The Cardinal Archbishop of New York is the Crowned Mitre and so is the President of the LDS Church. But Ordination to the Roman Catholic Priesthood is Robe Proper while Ordination to the Mormon Priest hood is not recognized and belongs to unlisted class Vestibule.
At a standard university a Bachelor’s degree is Robed Vestry, a Master’s is Robe Proper as is a Juris Doctor, most doctorates are Cowl Skull Cap and Benched Coif. A Juris Doctor admitted to the bar is at the highest level of Robe Proper. Experienced trial lawyers and most judges are Cowl, Skull Cap and Benched Coif as are most abbots and mother’s superior and the head rabbis of major synagogues. Catholic, Orthodox and Episcopal Bishops are Mitre as are Deans and Presidents of standard colleges and universities. Peers and other academic leaders of great significance would be Crowned Mitres as would members of the US Supreme Court.
The Mitred Crowns are actually less immune to Honor Code Provisions. The greatest such immunity would peak at the third rank.
In general, the Robes Proper can always vote but only the first three ranks can hold most Nobility of the Robe offices. The Lower two orders are not subject to the full special tax. However, they have a limited schedule of benefits and can only vote in exceptional Association elections. Another factor is that Mistress of Ceremonies through the Haute Ecole des Traiteurs has the right and capacity to issue a number of titles and degrees at each rank and rank point of the Nobility of the Robe. These will also be possessed of these privileges of the Robe and other Privileges of the House and Household.
E.Nobility of the Games
The Nobility of the Games and of the Chamber are the least privileged as Nobility. However, they are privileged to be Nobility and then can add such privileges as they find their own endeavors.
The Nobility of the Games will be of three classes of membership. The First Class will be the Imperial Rolls, the Second Class will be the Compact Rolls and the Third Class will be the Jurisdiction Rolls. There will be little formal rank except by qualifying for one of these classes by winning a contest in one of these categories. Each Contest will have a Nobility of the Games Association. The Ministry of Protocol will certify its operation and operation. In the Olympic Association a Gold in the current Olympic cycle will be worth ten votes and one from earlier worth four. A current Silver will be worth five and an earlier on worth two. A Bronze will be worth three and an earlier one shall be worth one. Some Associations like the Olympics will always have seats available where they have eligible members in the thirteen compacts and the High Council. Most Associations will have rotating terms. The weakest associations will be part of groups of associations and will rotate terms less frequently than others.
F. Nobility of the Chamber
The Speakers of all Compact Assemblies, all chief executives of Constitutional Jurisdictions and all others from a long list published by the Ministry of Protocol will be the Nobility of the Chamber. Full members are those actively serving in the office. Secondary members would be those who retired in good standing and are not later stripped of their status by any legal act.
G. The Honor Code and the Councils of Nobles
All Nobles in the Five-Fold Nobility are eligible to serve in and vote for officers in the Councils of Nobles to some degree and in some real measure. All have a Duty to Respond to the Honor Code. All are entitled to display a crest or arms according to their station. All will have some privileges in Imperial Services and the Courts of Palaces and fiefdoms not available to others.

Now you will see some very similar language again in the Model Constitutiom below. However, remember only the Model Constitution language is proposed as Constitutional. What you have just read above is language which will inform the DIG Code but it is really just a crief casual essay outline. It is hoped that it will aid you in understanding the rest.

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Article Five: Compacts of Jurisdictions
Section One. The Compact Zones and Basic Structure of Compacts
Each constitutional Jurisdiction shall yield a small zone of land to the direct governance of every compact it belongs to — no Compact Zone will be larger than four square miles and shall vary by the size of the Constitutional Jurisdiction. There shall be major Compacts and minor compacts. Generally, the Major Compacts will receive larger zones.
Section Two: The Major Compacts
Subsection One: The Names and Designations of the Compacts
1.The Thirteen Colonies Compact
2.The Original Constitution Compact
3.The Compact of the Louisiana Purchase
4.The Compact of the Hartford Convention
5.The Compact of the Spanish Borderlands
6.The Compact of the Confederate States of America
7.The Compact of the Union States of the Civil War
8. The Compact of All Jurisdictions West of the Mississippi
9.The Compact of All Jurisdictions East of the Mississippi
10.The Compact of All States
11.The Compact of All Territories
12.The Compact of All Possessions
Subsection Two: Funding, Treasury and Center of the Major Compacts
Each Major Compact will receive a rebate of half of one percent of all federal taxes collected in every member jurisdiction as well as a half of one percent of all revenues raised by each jurisdiction as well as other set-side funds delineated in this Constitution. The Major Compacts shall also elect an elector for life in the Imperial Conclave and who will vote in the Succession Conclave of every Peer-Elector who has a Succession Conclave and can be said to hold a title strongly connected to the Peoples, Lands or Jurisdictions of the Major Compact which elects said Elector-for-Life. This Elector will also be seated in the Compact Council. The Compact Councils shall reserve most of the seats in their lower chamber for those elected from the Compact’s Roll of Kindreds. Every citizen-subject of the Federal American Empire of the United States will be required to belong to a family association, each Constitutional Jurisdiction, the Imperial Tribe and the Direct Imperial Government Jurisdiction will operate at least one and no more than three fictional family associatons for those who are citizens have not established any regular legal family ties in the Empire for any reason whatever. Each family association must belong to at least two Rolls of Kindreds and should contribute one percent of all its revenues to each Roll of Kindreds it belongs to up to four percent. After that if it elects to belong to more it shall simply divide four percent of its revenues equally among all Rolls. The Upper Chamber will be a Council of Nobles. The Compacts will have the right to petition both the US Congress and their member legislatures. They shall each maintain a cavalry Honor Guard.
Subsection Three: Make-up and Functional Nature of Compact Governments
Provision One: Major Compacts and Minor Compacts with their governments will hold their functions and have their official buildings inthe Direct Imperial Government Jurisdiction in new zones called Compact Zones and they will be the local governements for these small zones under their banners spread across the member Jurisdictions across the map as well. The Major Compacts should be governed by the Compact Council, an Executive and Judical Board.
Provision Two: The Judicial Boards will have between five and seven Judges in equally voting seats. One or two shall be retired Jurisdictional judges from member Jurisdictions or in the early years from retired Judges of any type who are citizens of member Jurisdictions and these Judges shall be elected by the Council of Nobles, the Elector for Life of the Compact will be another member of the Judicial Board, the others will be elected for life by the Compact Council as a whole. The Judicial Boards will have direct municipal competence, jurisdiction and proper venue authority in the Compact Zone. It will act as a Court of Appeal in the Imperial Judiciary when the case relates to matters closely to the nature of the Major Compact. These Judicial Boards shall be under the Direct Imperial Government Supreme Court.
Provision Three: Composition of the Compact Legislature
i. The Compact Council may also be known as the Compact Legislature which will usually mean the same thing but not always exactly the same thing as laws may dictate. Compact Legislatures would be formed by a Council of Nobles in the Upper Chamber and a Compact Assembly in the Lower Chamber.
ii. Half the seats of the Lower Chamber will be filled from the Roll of Kindreds for the Compact but the means of filling those seats shall be diverse including both wide and limited elections, random selection among all Family Associations, ex-officio seats in the Roll’s Administration, rotation among family associations and seats auctioned off to qualified family associations. One quarter of the seats in will be filled by organizations freely electing or appointing members granted these seats by the Emperor from a list of potential organizations prepared by Empress’s Minister of Protocol. The other quarter of the seats in the lower chamber will be appointed by the legislatures of all member Constitutional Jurisdictions in the Compact subject to a structure specified in this Constitution.
iii. The Upper Chamber should be a Council of Nobles divided more or less into three blocks composing 25% of the seats each and two blocks composing 12.5% of the seats each. The three larger blocks would be the (a) Ordinary Nobility, the (b) Nobility of the Sword and the (c) Nobility of the Robe. The two smaller blocks would be the (d) Nobility of the Chamber and the (e) Nobility of the Games. All seats would vote equally and each Major Compact would in its charter state with clarity the manner in which each block seats it members but all those entitled to sit in a block are to be subject to a process of changing ratios — in other words the number of Nobles of a type may change but the number of seats will be constant. No more seats will be added unless added to all blocks according to their proportion and approved by the entire legislature.
(a)The Ordinary Nobility will seat at least a Quarter of the Seats in each Compact first to Chiefs of the Name throughout the Empire who happen to belong to that Compact (and who may not be seated in more than two Compact Councils) and those Sub-Chiefs of the Name for a Major Compact who are members of the Ordinary Nobility in their own right otherwise, all such Chiefs and Sub-Chiefs must be certified by the proper Roll of Kindreds. At least a tenth of all the seats must be reserved to other familial leaders of families certified as Leading Families of the Compact by the Empress’s Ministry of Protocol. The next set of seats shall belong to the Imperial and Royal House in the following way. First, every one who is a ranking member of the Imperial House who is clearly a member of the Compact and clearly a Noble will be granted a seat in the Council of Nobles in the way rendered most proper by preferences, rules and vacancies created by the Compact up to fifty percent of the seats if necessary. Those of the Imperial House who are High Nobles and not seated in the Council of Nobles shall not be properly seated in the Assembly but shall have the privilege of seating a personal representative for a two-year term when a seat becomes available and this person shall serve through even if they lose their position in the House. Next all those of high rank in the Imperial House who are not members of the Ordinary Nobility themselves because they do not rank above the lowest rank of Baron in the protocol ranks properly or the equivalent in extraordinary nobility may be seated in the Assembly if the true Ordinary Nobles of theHouse who are in the Compact do not fill all available seats in the Council of Nobles . Those of the highest eligible rank may choose to appoint a delegate as above or serve themselves but they delegate must also be part of the Ordinary Nobility and the Compact in their own right. Then whatever seats are left in the seats reserved to the Imperial House shall be filled by the Grand Royal and Imperial House and Household Assembly or waived by them. The remaining Seats will be filled first by the five highest ranking members of the Ordinary Nobility of the in the Compact not already seated by existing rules will be seated. Once all the above are complied with then a system will be devised to rotate all remaining members of the Ordinary Nobility in the Compact through a third of the seats remaining after the Imperial House seats in terms of not more than three years each. The next third of these seats left after the House shall go to Nobles elected by the Chivalry and Titled Gentry of the Compact. Then the legislatures of the member jurisdictions may fill any available seats from ordinary nobility who are members of the Compacts for terms of eight years with terms rotated among the legislature. Should vacancies arise in midterm or the vacancies linger the Special Vice President shall fill them.
(b) The Nobility of the Sword will be all general officers and retired general officers in the militaries of the member Constitutional Jurisdictions in the Compact and all those of the Rank of Colonel or higher in the US military, those of the rank of General in any Jurisdictional forces and citizens of member Jurisdictions who hold the rank of Major or above in the Imperial Forces and seated as defined by the Compact Charter under the Direct Imperial Government Code.
(c) Nobility of the Robe will be made up of high-ranking academics, clerics and judiciary officials as described in the Charter of each Compact and seated as it decides under the Direct Imperial Government Code.
(d)The Nobility of the Chamber will be made up of the Governors or other chief political executives and their immediate inferiors as well as leader of the legislative chambers of all Jurisdictions and any and all US Senators, Tribunes and Censors from member Jurisdictions of the Compact.
(e)The Nobility of the Games will be made up of those on a roll designed by the Compact Council with approval of the GRIHHA but which must include a Roll of all Olympic Medalists from the Compact as an organization entitled to elect at least three seats from its own members. The rest of this Nobility of the Games will be made of others who have been elected or selected from among lists of other types of competitive champions. Despite the name this would not only includes athletics and Games but other competitions as well.
Provision Four: The Executive of the Major Compacts will be led by the Special Vice Presidents appointed by the Emperor, assisted by the Mayor of Each Compact Zone, the Commander of the Honor Guard, the Chief Genealogist and the Chief Historian as well as such officials as they may appoint.
Provision Five: Compensation of the Executive and Judicial Board shall be determined by the Compact Legislature. The Compact legislature shall receive an amount equal to one third of what it payes in the total salaries of the Judicial Board and the top ten or fewer officials in the legislature for food transport and in-building benefits available for all members of the Compact Legislature. The members of the Compact Legislature shall not be prohibitted from any kind of business or paid occupation by virtue of their being in the Compact Legislature. They shall not receive a regular salary for their work and their payment shall be limited to a per diem equal to that of the Censors at the time of the Founding or at the current time of their service — which ever is the greater sum. The Compact Legislature shall not meet on Sunday or Imperial Holidays except for required ceremonies, shall meet no more than than fifteen days in any calendar month, shall not meet in more than four months in every year and shall only consider fiscal, ceremonial and martial matters in the first half of every even year and only consider historical, procedural and educational matters in the second half of every odd year. The elections, procedure, committee assignments and all other matters of that type shall be conducted according to relevant language of the Title “Procedures” and the Section “Legisative, Conciliar and Parliamentary Procedure”. The only variances in such procedure shall be those first enacted as regular bills by the Compact Legislature, second sponsored by at least one fifth of all adults or Royal or Royal-Imperial Rank who are residents of the Compacts Zones or Citizens of its member Constitutional Jurisdictions and then ratified by the Direct Imperial Government or receiving one votes of one third or more of each chamber in the Direct Imperial Government and then ratified by the Grand Royal and Imperial House.
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If you have the energy to discuss this with friends that would be great. But the basic point here in this Section One “The Compact Zones and Basic Structure of Compacts” and Two “The Major Compacts” in Article Five “Compacts of Jurisdictions” is that for our system to work there must be an effective connections of society’s democratic elements to its royalty through an aristocracy and their must be effective regional organization. The Compacts of Jurisdictions seek to address both these needs. This aristocracy of the Federal American Empire of the United States will have to repsond federal, combined styles, mixed mixed government nature of our society and especially of the Compacts where it is most recognized and of the Empire Proper but for that it will have to be recognized in the Union as well and needs this Constitutional support and imust find ts role within the Union and Empire. This Article is the introduction to the Five-Fold Nobility which will form much of the structure of the newer elements of the new Constitutional Union.

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

Discussions on the Model Constitution (17th Series): Judiciary, Supreme Court, Jurisprudence

Why and How I am a Committed Radical (17th in a Series) Judiciary, Chief Justice & The Supreme Court,The Emperor,Jurisprudence
by Frank Wynerth Summers III on Tuesday, April 24, 2012 at 10:05pm ·
This Note will be about the Third, Fourth and Fifth Sections of Article Four 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:


This note is the last of three notes on the Fourth Article “Judiciary”. It is transitional in that the first Article was on Sovereignty which is more or less understood to be important by a lot of Americans and other people. It also happens to be the topic of the first Article of the current French Constitution. The next three articles were on the branches of government which Americans are familiar with in their elementary school social studies or their high school civics classes. There have been many changes and reforms so far but after this we enter into a whole new territory of governance.

I am going to discuss four aspects of the new American culture to which we would be transferring and into which we would be transforming. Those four aspects would be The Five-fold Nobility, the Interregnum, the Imperial Harem and the Ethnos Arkadios. These are important aspects of the process to understand and get right. On the other hand that is not the main reason for bringing them up at this point. I choose to discuss them here because together an individually they throw light upon and illustrate the entire set of political and social changes. I think that if I can make these stand a bit clear then the rest of the massive project would be more intelligible as well. In that spirit I begin my discussion of these institutions.

Here again for someone who has not carefull read all of the sixteen previous notes the role of the royal monarchs will stand out as the biggest and most important change. For those who have followed all or most of the notes I will try to address this subject in ways which are not too repetitive of everything else that I have already written on the subject of the royalist elements of this system. There will be many more times we will revisit this topic of royalism in this series of notes before we get through this series of discussions. The goal will be to build up a complete picture without wtiting completely independent essays, being too repeitive or being devoid of all relevance. So let ask why there ought to be an Emperor in the Judiciary and what sort of Emperor he should be. Let us do this not in complete detail but just from a particular partial point of view.

One definitely cannot make an omelette without breaking at least a few eggs. The revolution proposed here will certainly involve some extralegal and forcible actions in its creation if it is achieved. If one proposes a revolution one can at best hope for a return to full legitimacy and a new normalcy as quickly and expeditiously as possible. The justification for a revolution is that a severe constitutional imbalance already exists. It is clear to me that in America we are in a constitutionally imbalanced state of affairs.

The Emperor proposed here is already possessed of the title the Basileus Arkadios. This is a relatively unknown title but we want to see here that it is deeply tied to the United States already. This is about the Arcadian-Acadian heritage, people and Tribe. I have mentioned this subject often in this blog. I recommend that you read the rest of this post first and then come back to the links to other posts in this blog. Here are some of the posts and a page where Acadians or their institutions are mentioned are represented:
1. https://franksummers3ba.wordpress.com/2010/04/21/louisiana-in-the-proposed-reconstitutionalized-american-union/
2. https://franksummers3ba.wordpress.com/2010/04/20/monarchy-and-royalist-culture-in-america-past-present-and-future-part-3-3/
3. https://franksummers3ba.wordpress.com/2010/04/08/thinking-a-new-thing-a-competing-american-narrative/
4. https://franksummers3ba.wordpress.com/2010/01/28/see-you-later-alligator-after-a-while-bobby-charles/
5. https://franksummers3ba.wordpress.com/images/photographs-in-vermilion-parish/photographs-reproducing-mommees-paintings-1/
In order to show how Acadian experience is already relevant to the question of how Americans govern themselves I am offering links to longer and very worthy sources that can help one to understand how all of these historical issues are interrelated. The first really key point is that the real roots of the American Revolution occurred in a larger colonial context. I am going to recommend a book that does not declare ( as I do here and now) that the Acadian expulsion (loosely described in Longfellow’s epic poem Evangeline) were a principal cause of and stimulus to the American revolution. But it does show the connections of this event to the revolutionary ferment in a broad contest. In this regard I recommend Leach’s book.

Secondly, I want to show that the destruction of Acadie was a large and significant act. That it had everything to do with creating a British profile and character the Americans could distrust and that in their early history the Acadians had both elements the Americans were eager to restore to their experience of the British Constitution and also the chivalric and aristocratic values which I argue that we need to restore today. In which regard there is a recent book by John Mack Faragher:
http://www.amazon.com/Great-Noble-Scheme-Expulsion-Acadians/dp/0393051358 to understand the British view of how great and wealthy a land the Acadians had created and how eager they were to have its wealth for themselves. The Acadian experience is deeply tied to the American experience as a whole.”

However, in these notes I cannot really describe the Acadian people or experience because these notes are meant to be able to be read either individually, as a complete series, or as sets associated with each Article in the Model Constitution. The best I can go is outline their roles in the various topics being discussed in the proposed new regime. I will focus on doing that in this Note I have done with others discussing parts of the proposed regime.

Aside from showing that the persons, title and heritage involved here as Emperor and associated Imperial institutions are deeply tied to American Experience let us consider two more questions. The First of these questions is whether the royalist element has any relevance at all. Many Americans think it is related to the past and not relevant to the present. For the purposes of this Note I will discuss this very briefly. It is clearly true that China, the USA right now, France and Germany are republics and are among the largest econmies in the world. However the United Kingdom, Australia and Canada all make every list of the fifteen largest economies and they all share a British Royal Head of State. India is an emerging economy and has deep and close ties to British royalty and royalism that are ongoing and there is no erasure of its thousands of years of native roylaist traditions. Japan is the world’s third largest economy, has clsoe ties to America and is a royalist society. Spain is one of the fifteen largest economies and is a royalist regime. The emerging economy of Brazil still has an active and respected Imperial House and many thousands of influential people of varied walks of life would like to see a royalist Brazil. The European Union which is achieving a single economy status by many measures is the largest single economy when regarded as a single economy is full of royalist regimes. In Europe there are many royal monarchs: the Kingdom of Belgium, the Kingdom of Denmark, the Principality of Liechtenstein, the Grand Duchy of Luxembourg, the Principality of Monaco, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Spain, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland and that leaves out the strong royalist traditions and influential figures in many European republics and the strong affinity for royalism in the systems of Vatican City and the Principality of Andorra. The United Arab Emirates, Qatar, Saudi Arabia and Morocco have significant and mostly stabilizing influences in the Arab world, all are royalist regimes. It is possible for an honest person to prefer republicanism but it is not possible to say that royalism is obsolete and no longer relevant.

The Second of these questions is whether anti-royalism is the main and most intrinsic point of this constitution as many believe it is. In other posts I have shown how royalism is relevant to America and has roots here but that could be true and the Constitution could still be so anti-royalist that what could be called a “hybrid” like this constitution would be absurd. The Acadian Basileus as Emperor is a program for governance based on the Ancient Greek and Arcadian-Acadian political science that believesi n sources of power and legitimacy that are found in the One, the Many and the Few. That is exactly the model that we were given by our founders except in republican form. As John Adams wrote to Benjamin Rush in 1790,
No nation under Heaven ever was, now is, nor ever will be qualified for a Republican Government, unless you mean … resulting from a Balance of three powers, the Monarchical, Aristocratical, and Democratical … Americans are particularly unfit for any Republic but the Aristo-Democratical Monarchy.
These are very complex matters about which I have written extensively elsewhere, although not at length but in extensive brief essays. I would remind people of the deep influence of men like the Marquis de Lafayette who helped bring down a royalist system, found a republic and restore a royalist sytem in France. Also men like Alexander Hamilton who believed in mixed government and thought Britain should have been reformed and in fact was being reformed by the American crisis but also valued a royalist monarchy for America. Thus he wrote in his notes in 1787:

The monarch must have proportional strength. He ought to be hereditary, and to have so much power, that it will not be his interest to risk much to acquire more.
In this Model Constitution, some of the Emperor’s role and power appears in limited ways in each of several branches of government and sections of the shared sovereignty system. It is an American solution and Americanism has been corrupted by lies and thievery. It is only able to be restored to true Americansim with an infusion of American royalism. It may happen that a republic shall succeed this regime on these shores and be strengthened vy a royalist intlerlude. But the royalist element is needed to purify the rest.
So here is the text on the Judiciary we are discussing in this note:

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Section Three: The Chief Justice and The United States Supreme Court
Subsection One: Eleven Justices
The First Executive Vice President shall appoint seven Justices with the Advice and Consent of the US Senate for a term of life. The Justices may retire in good health without prejudice to their honor rating at the age of seventy-eight or older and also in sickness. The Empress, Imperial Tribal Council and Direct Imperial Government Legislature shall appoint one justice each with the advice and consent of the same Senate and under the same terms. The Emperor will appoint the Chief Justice with the advice and consent of the GRIHHA under the same terms. The seven Justices appointed by the First Executive Vice President shall be constrained to fit within a complex of assurances: at least four must be citizens of one of the States, at least one must be a citizen of one the Territories, at least one must be a citizen of one of the Possessions, at least three must be men, at least one must be a woman, at least one must be a Roman Catholic, at least one must be part of the Anglican Communion in the United States, at least one must be a person of known Hebrew descent who has had familial ties and some basic intellectual knowledge of Judaism in the Christian era and have attended a Jewish synagogue or Temple at least once — but this Justice need not be an adherent of the Jewish Faith. At the time of the founding, there will be an assessment done of how this regime can begin by reappointing as many sitting Justices as possible. But all will have to go through a set of fromalities.
Subsection Two: Certiorari and Jurisdiction
The Congress shall maintain from the 1789 constitution and establish in the future such coiurts and justice systems as are necessary to the operation and just governance of the Federal government. The Chief Justice may formally recommend against the creation of any entirely new Judicial office or court and theEmperor shall then consider vetoing it for one year and the remainder of the next session of Congress after which it may be reconsidered. The Emperor may certify three cases each year to the US Supreme Court. Otherwise the Court shall publish a Procedure of Certiorari with the Advice and COnsent of the Grand Senatorial Council which shall bind on it granting of certiorari. The Federal Judiciary ahall have subject matter Jurisdiction over cases arising under US and general Imperial Law except where the Grand Senatorial Council shall declare that a Jurisdictional law is overwhelmingly important in the operating facts of the case. In such cases the Jurisdictional courts shall rule. The US Supreme Court shall have mandatory certiorari for all cases involving death penalties for Imperial Censors, members of the Imperial House, and Foreign Royalty taken as Prisoners of War. It shall also have mandatory jurisdiction over judgements of default against any Sovereign in the Empire. It shall also have mandatory Certiroari over cases against the Imperial Tribal Council criminal or civil.
The Chief Justice and any other two justices or any five justices of the US Supreme Court without the Chief Justice or a three fourths majority of the Grand Senatorial Council may petition the Emperor to hear a case as the Judiciary of Last Resort after the Supreme Court has issued a decision. The Empress, Imperial Tribal Council or Imperial Heir may so petition on their own right. Any Foreign Royal condemend to death may so petition by his or her own right. The Enperor shall decide at his own whim whether or not to hear such cases.
Subsection Three: Judicial Review
The US Supreme Court shall be authorized to review the constitunality of US statutes, the soundness of Jurisdictional holdings on US Law and the propriety of decsions among the lower Federal Courts.
Subsection Four: The Chief Justice
The Chief Justice shall carry forward all the roles of his postion under the 1789 Constitution and take on a dew additional roles in the Third Union. He shall be appointed by the Emperor for life with the Advice and Consent of the Grand Royal Imperial House and Household Assembly. The Chief Justice shall Preside over the Imperial Law Institute’s Honors Convocation, the Committee to Draft the Procedure of Certiorari, the Smithsonian Institute and a small Force called the Union Bailiffs. He shall preside of the Supreme Court Trust which will receive one percent of all awarded Court costs, fines and fees collected by the Federal Judiciary. These funds shall be held in Trust with the Chief Justice and a committee administering the funds derived from earnings and interest. From this he shall sponsor awards, lectures and medals in the legal field. He shall always be a man and if he is married his wife shall sit on the Administrative Council of the Empress’s Bureau of Women’s Affairs. At the time this is adopted the current Chief Justice will be given Preference as the First Chief Justice of the Third Union but even if continued will go through a formal process.
Subsection Five: Solicitors and Attorneys General
The Solicitor General appointed by the First Executive Vice President, the Imperial Solicitor General and the Attorneys General of the States shall all be members of the Imperial Law Institute Honors Convocation and have amicus standing in all cases before the US Supreme Court.
Section Four: The Emperor, High Magistrate and Judiciary of Last Resort
Subsection One: The Emperor is High Magistrate of the Imperial House and in Household matters is beyond review. He holds judical office in the Imperial Tribe and is the ajudicator of Fact and Law in Last resort in the Union and Inperial systems.
Subsection Two: Congressional Competence
Provision One:The separation of powers is more complicated and less complete under this Constitution than in the Constitution of the Second Union. It is especially true that while the Emperor is subject to numerous limits under the Constitution his authority and role appears in all branches of government. He has direct jurisdiction as the COurt of first instance and the only court for disputes arising in Congress which are truly Congressional. He may choose to hear or not hear such cases at his whim. The US Federal Judiciary shall have not authority over the following matters they can only be appealed to the Emperor when two-thirds of the members of Grand Senatorial Council who are not in the Senate Proper shall certify a petition made by all leaders of minority parties or a leader of a minority party which in itself has more than two thirds of all seats not held by the largest party which is the majority party or leader of a majority coallition.

Provision Two: Enumeration of Causes Appealable only to the Emperor:
Only the Emperor may hear appeals for redress arising from the following rules or related causes of dispute:
1. Each Chamber shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each Chamber may provide.
2. Each Chamber may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.
3. Each Chamber shall keep a Journal of its Proceedings, these shall be titled the House Journal and the Senate Journal and shall be available only in a reading room in the Library of Congress building for five years and shall be as complete as possible and anotated by the Historian of each Chamber on Publication. These sources cooperate with the institution known as the Congressional Record and shall publish the same in all the ordinary media available for text and throughlinks to any recordings of events in a manner using the Congress’s access to its media such as requires little additional pay and shall also publish it in in print on subscription. The Congressional record shall consist of two parts The Record Proper and the Supplement. The Record Proper will be nothing other than the exact language of any bill or ammendment submitted for a vote at any given time a verbatim record in text of all words spoken audibly in a recognized proceeding on the Floor or from the Dais of either Chamber or Joint Session, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either Chamber on any question shall, Unless replaced by a Memorandum of Withholding passed by a vote of four-fifths of either Chamber, be entered on the Journal and thus the Record. The Supplement shall consist of the Supplement Proper and the Addendum. The Supplement Proper shall consist of applying by analogy to the body involved the same rules those in the Record Proper to the proceedings of Committees of either Chamber, the Conference Committees, the Grand Senatorial Council and Full Society Budget Conference. The Addendum shall be carefully cross-referenced and time-signed publication of materials and speeches in support of the material in the Propers and the proceedings they record. The use of calling things read into the record which are not actually spoken nor true bills and ammendments nor mere procedures sahll be an Honore Code offense and a misdemeanor against the Empire for all involved. Single Party Caucus proceedings anounced and memorandized as such into the Addendum alone are presumed to be official proceedings of recognized groups not subject to Record or Journal. However, any party that has a two-thirds majority of each chamber for twelve years together, or of a single chamber for eight years or a simple majority of one or both chambers for twenty-five years shall lose it’s privileges of secrecy at least in large part or completely if decreed so by the Emperor.
4. Neither Chamber, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Chambers shall be sitting.

Section Five: Jurisprudence
Subsection One: Codes, Statutes and Competences
The Imperial Law Institute shall report on all Codes, Statutes and Competences and the Emperor or his Solicitor may comment on such matters in the official published version.
Subsection Two: The Common Law and Stare Decisis
The Imperial Law Institute shall report on all Common Law, Lines of Precedent and Development of Stare Decisis and the Emperor or his Solicitor may comment on such matters in the official published version.
Subsection Three: The Imperial Pandects
The Imperial Law Institute will publish an Official sholarly commentary on the first two bodies of law mentioned in this section and on the state of the Judiciary every five years. ****** ***** ***** ***** ***** ******** **** ****** ****
If you have the energy to discuss this with friends that would be great. But the basic point here in this Section Three “The Chief Justice and The United States Supreme Court”, Four “The Emperor, High Magistrate and Judiciary of Last Resort” and Five “Jurisprudence” in Article Four ” Judiciary” is that for our system to work there must be an effective judiciary. This judicary will have to repsond federal, combined styles, mixed mixed government nature of our society and especially of the union and its role within the Union and Empire. This Diversity in a complex system of sovereignty requires a Court which is derived from several figures in the system and which is also responsive to and stimulated by information and reposting which represents the field and concept of diversity. The Emperor has a very different role than the SupremeCourt and both of these courts can choose to hear or ot hear most of the case they will be asked to hear and so all of the Federal Judiciary must deal with the challenges of diversity within the rubrics and parameters of this constitution. However, this Constitution recognizes that both the Constitutional Jurisdiction and the Empire proper are dealing with these same issues outside of the parameters of this Constitution as it appears in proper form. and Here there is laid out a plan for how complicated legal problems related to diversity arising from style of government, federalism and the civil tension of civil and common law can be worked out. The Emperor offers rederess fro issues arising from Congess itself and the enumerated rules and activities from which such appeals may arise are adaptations of authorization of powers granted to Congress for its own government acts in the current Article related to and authorizing Congress under the 1790s Constitution. I place it here in the Judiciary in part because of changes that have already occurred and in part because of changes proposed in this Model Constitution. This already radical document is even more controversial because it is fairly technical and I am not a technical operator in that regard. However, in a radical or revolutionary change there will be such disruptions — they are inevitable.

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.

Discussions on the Model Constitution (16th in Series): Judiciary, Diversity

Why and How I am a Committed Radical (16th in a series): Judiciary, Diversity
by Frank Wynerth Summers III on Monday, April 23, 2012 at 11:14pm ·
This Note will be about the Second Section of Article Four 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:

In his book Inside the Mind of the President: Obama on the Couch Justin A. Frank M.D. writes of Obama, “One Harvard Prpofessor called him the best law student he ever taught, first out of tens of thousnads of excellent students”. In regards to legal theory that puts President Barack Obama very near the top of the satus quo in our country and by the same measure I am about as close to the bottom as one can get and be in the game at all. In a sense that is one of th things that makes me by definition a true revolutionary despite many moderating and reforming tendencies. Obama and the government he represents and the law establishment he represents are almost entirely devoid of law, legal theory or true legitimate politics. What we have already lost is so great that even to describe the loss and chasm staggers the mind. What modern American law lacks is increasingly everything. It has an accelerating and horrific disease. The law itself in the grandest and fullest sense is diseased. However, when one has a sick friend one need not instantly choose to call someone like Jack Krevorkian. One may try to get the sick friend well and not kill it. This constitution does not abolish American law. It does not end the future of American social devlopment. Rather, it is an attempt to be amjor oart of healing and improving the living tradition of American Law.
I make this bold accusation without stating all the reasons why it is true or attempting to persuade all my readers here. This is a brief note and only deals with all the complexity of diversity in the American Judiciary. But diversity in our judiciary is a lense to the whole of our legal culture and system. That is the main point I could discuss here. But what is hard for some people to appreciate is that society can be tied to great ideals, to religion, to personal fulfillment but it can only do those things well if it is also rather similar to one of a few things. One of those few things is a game.
These rules of diversity are rules of a game. Games are not trivial. The games we mostly love are not trivial either — football, baseball and other games are valuable. But Constitutional Law and politics are a more important and better game. There is a place in this total Constitutional game even to recognize other games as we may see in time. However, there are larger and better games that include the Constitutional game.
The federal Judiciary can be moral teachers, scholars and guides but only if they are referees first. They can only be aware of law as more than a game if they are aware of law as a game in a way that is not merely cynical. There will be notes that are more detailed if this series continues through the end of the model Constitution and there may be more complicated and more awaited segments of the text but few of more importance. This constitution will do its work with more or less effect and to more or less good depending in large part on our understanding of how to divide up the fields in which people will operate in the various legal aspects of their lives.
What follows then is the text in the model constitution which deals with diversity in the laws and Judiciary.
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Section Two: Diversity
Subsection One: Limited Power of Initiative
Provision One: Not only in matters of diversity but in all matters the Judiciary shall have the presumed and general posture of being a referee and official of rules, a recorder of conflicts and transactions and an arbiter of dispute as well as an imposer of sentences and decree derived from certified verdicts. However, in this system there are times when the courts can take cognizance of the issues offending diversity which arise from any nuclues of operative fact or set of events being ajudicated by any party.
Provsion Two: These are the enumerated areas where the Judiciary shall have minor active police power to see that such violations of the constitution are impeded, foresworn are punished in ways that accord with the law:
1.No Constitutional Jurisdiction shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold, platinum, silver and copper Coin issued jointly with the federal Government or the Federal Coin and Currency a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility without approval of the Emperor and Empire within the limits and provisions allowed by this Constitution.
2. No Constitutional Jurisdiction shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exportswhich arrive in any way to a complete total of Jurisdiction imposed fees in excess of one mil of the value of a federally classified Gross Commodity, one half of one percent of the value of a federally classified Improved Good or two percent of the value of a federally classified luxury good. In services and intangible goods a Constitutional Jurisdiction may not lay any Imposts or Duties except what may be absolutely necessary for executing it’s inspection Laws. The imposts and duties charged for commerce within the Federal American EMpire of the United States must never be more than half that charged for imports from outside the Union and Empire. The net Produce of all Duties and Imposts after due administration of its inspecting and collecting authority shall be paid and a surcharge of three percent shall also be paid by those Jurisidictions whose authorities are rated as more expensive than average — these net produced fees shall paid by any Constitutional Jurisdiction into an annual Fund from Imports or Exports and disbursed as follows: One tenth shall be for the Use of the General Treasury of the United States, one Tenth shall go to the Imperial Transit Authority, one tenth to the Imperial Wellness authority, one tenth shall be divided equally among the Major Compacts and the Minor Compact to which the Constitutional Jurisdiction belongs, one tenth shall support the special fund of the Constitutional Jurisdiction’s Honor Guard’s police functions related to ports and points of entry the remainder shall go into the general treasury of the Constitutional Jurisdiction. No Constitutional Jurisdiction may refuse to collect the United States and Imperial duties and Impost created by their due authorities and all Laws regarding such collections of Federal and Imperial fees by Constitutional Jurisdictions shall be subject to the Revision and Control of the Congress.
3. No Constitutional Jurisdiction shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops outside the Constitutionaly Required Traditional Honor Guard as fully it won in the Empire, raise a militia except as a light armed Home Guard and net work of chartered guards coordinated by the Regular Militia which must participate in the National Guard Program of which the First Executive Vice-President is the Dux Bellorum in times of foreign war and grave Union crisis. The Home Guard section of the militia may keep no Ships of War, ballistic missiles, tanks or canon with a range of more than twelve miles in time of Peace. The Constitutional Jurisdictions may not enter into any Agreement or Compact with any other Constitutional Jurisdcitions except for those Major Compacts and Minor Compacts specifialy authorized in this Constitution. Constitutional Jurisdictions must send copies of all correspondence with a foreign Power to the Emperor along with a filing fee equal to twice the postage of a first class letter or the cost of the actual item of correspondence as it was posted to or from the foreign power. The Jurisdictions shall not drill their Home Guard or Traditional Honor Guard or networked Chartered Guards with foreign forces, agree to treaties that suggest sovereign and direct relations between the two powers on any matter other than minimal exchanges of ceremonial honors and courtesies related ot official hospitiality. The Constitutional Jurisdictions shall not engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay and then all due verification of operations and efforts at communication must be undertaken.
5. The Empire proper shall not create systemic and sustained interference with a proper exercise of constitutional authority of the Union in the Constitutional Jurisdictions.
6.The Union proper shall not create systemic and sustained interference with a proper exercise of constitutional authority of the Empire in the Constitutional Jurisdictions.
7. Neither the Union nor the Empire shall interfere with the right of Constituitonal Jurisdictions to regulate Domestic regimes, matters related to sex, matters related real property, matter related to insurance, matters related to race and ethnicity and matters related to architecture except where specifically delineated that such right are ceded to the Empire are Union in narrowly defined ways in this Constitution.
8. The Unique privileges of the Direct Imperial Government Jurisdiction within its own borders must be preserved as well as the unique powers of the Emperor, Empress and Imperial House therein.

Subsection Two: Legal Structure and Theory

There shall be a legal theory which is stated here and is part of the constitutional law of the Empire. That except for the list of rights, agencies and perogatives granted to the Emperor and royalist regime there should be areas where Jurisditional law must control by fleld and type as well as by origins and application of the Law. The States and the Direct Imperial Jurisdiction are to be the most privileged Constitutional Jurisdictions in this regard. The Jurisdictions shall always be presumed to have a right to have their law control and when excepted to have it control except for the exception in the following areas: Domestic Regimes, electoral regimes, racial identification, real property law, mineral law, insurance and occupational licenses. The Federal courts may however try cases under jurisdictional law when a party is diverse tot the normal venue or other parties and appeals for removal when it is a civil case of value greater than the average of three days wages in dispute in a reasonable comparison wage.

SubsectionThree: Direct Imperial Government and the Compact Zones
The Compact Zones shall all servethe Constitutional Jurisdictions as outlets and venues of Direct Imperial Government Judiciary venues and in general it is through attachment to them that parties may contract in and for civil use of the Empire’s DIG system rather than the US system. The other zones may grant such privileges or have them granted on a case by case basis. However, due to their small size, complex duties and the unique qualities of the Empire the Empire assures its own jurisdiction only to true citizens of the DIG Jurisdiction, those associated closelely with Empire institutions and to those who are citizens of a Constitutional Jurisdiction belonging to a Compact who seek are have placed upon them the demands of DIG Laws and and legal jurisdiction while in or involved directly and deeply with that Compact Zone.
Subsection Three: The US Supreme Court will always appoint a DIG Master of Procedure when hearing a diversity case tried by the DIG courts or involving the DIG or one of its entities as a party. The US Supreme Court is competent to hear almost any case which is not specifically withheld from its competence in this Constitution but there are many cases it ought not to hear.
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If you have the energy to discuss this with friends that would be great. But the basic point here in this Section Two “Diversity” in Article Four ” Judiciary” is that for our system to work there must be an effective judiciary. This judicary will ahve to repsond federal, combined styles, mixed mixed government nature of our society and especially of the union and its role within the Union and Empire. This whole combination of Diversity of law, subject matter diversity, diverse citizenship of persons and diverse rights of joint sovereigns in a complex system of sovereignty constitute the field and concept of diversity. The courts must deal with the challenges of diversity within the rubrics and parameters of this constitution. Here there is laid out a plan for how complicated legal problems related to diversity arising from style of government, federalism and the civil tension of civil and common law can be worked out. There is also an enumeration of things which the courts are to prevent various parties from doing or see that they do in a very specific set of parameters. These enumerated forbidden activities include adaptations of acts prohibited to the States in the current constitution which are enumerated in the current Article related to and authorizing Congress under the 1790s Constitution. I place it here in the Judiciary in part because of changes that have already occurred and in part because of changes proposed in this Model Constitution. This already radical document is even more controversial because it is fairly technical and I am not a technical operator in that regard. However, in a radical or revolutionary change there will be such disruptions — they are inevitable.

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.

Discussions on the Model Constitution (15th in a Series): Judiciary: Competence & Magistracies

Why and How I am a Committed Radical (15th in a Series): Judiciary, Competence and Magistracies
by Frank Wynerth Summers III on Monday, April 23, 2012 at 11:56am ·
This Note will be about the First Section of Article Four 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:


This is the most complex and possibly the longest body of text from my Model Constitution which has yet been the subject of one of these notes. I am choosing to deal with all of it in such a brief fashion here because this is a long Constitution which takes our Union from a Union with a Constitutional Charter that is the length of a pamphlet to a Constitutional charter that is the length of a real book. The exact length is of course not yet determined. There is no reason to get into a long and detailed argument here about how much this Article and the Judiciary it authorizes would be a constitutional transformation and how much it would be a continuation of this current judiciary of our current Second Union.

I am not a professor of Constitutional Law nor a judge in the Federal or Louisiana State Judiciary. I have grown up talking to may father and uncles about the law, have worked in law offices and for lawyers and was a close associate of my granfather in a variety of capacities over many years. My grandfather was the Chief Justice of the Louisiana Supreme Court at the end of his public carreer as a Louisiana jurist, my grandfather was a Louisiana Supreme Court Justice and a judge for a long time. He was a farmer and cattleman and he was involved in many things which I will not mention here. He died just months before I finished my Master of Arts degree at LSU, but after I had left the halls of Tulane Law School following the first of two unsuccessful attempts to complete studies at the university where so many of my ancestors and relatives have studied.

My second time around at Tulane I mostly interacted only through study, one friendship which has endured and volunteering at the Tulane Public Interest Law Foundation. This is a charity that operates to fund Tulane Law School student and recent graduates doing pro bono work and low-paying work for well-intentioned nonprofits. I worked at the bagels and cofee sales table my second time at Tulane Law School selling these items to students who came in for class a few days a week. Overall, my ex-wife as a spouse and I as a student had very bad experiences at Tulane University Law School. Tulane is the largest private (according to US definitions) university in Louisiana. My great-grandfather and great- great uncle attended Tulane Medical School and graduated there. The future son-in law of this great grandfather was my grandfather and name sake he attended and graduated from Tulane Law School after matriculating at my undergraduate alma mater listed here as University of Louisiana. He made Moot Court honors and later became the Chief Justice of the Louisiana Supreme Court. My father and two of his three younger brothers completed Tulane Law School. I have several cousins with a variety of Tulane degrees. I enrolled at Tulane Law School twice and never graduated. With some exceptions my relationship with the university could be described as more than half-hostile but regretfully so.

That is more than enough about me. For those who wish to see much of my political and legal ideas there is this Facebook Timeline, my blog and also a particular person political correspondence online. That correspondence is unique and certainly offers a lot of unprotected and poorly prepared commentary and discussion on my part often riddled with unflattering typographical errors. That correspondent is Lord Norton. Here this means Philip Lord Norton Baron of Louth. A created Peer and a prominent Conservative he is the author of many books including the British Polity and others that deal with issues of Parliament governance and civil society. He is a professor at Hull University and leads a Parliamentary academic internship program as well as being active in varied fora in Europe and the Commonwealth. He is the blogger on Lords of the Blog with whom I became most involved in dialog and later followed to the newer The Norton View.

The Constitution if ratified will be the law and so it will have to be respected as such. This Constitutional language is perhaps most radically altered from the current judiciary in three ways. First, like everything else it is transformed by the fact of a transition from a purely republican style union to a constitutional union which is Royal Empire of a mixed government type with republican retained elements. Second, the Constitution requires dealing with formal Civilian laws demands in the three Constitutional Jurisdictions formed from the State of Louisiana, the three Constitutional Jurisdictions formed from the Commonwealth of Puerto Rico and in the Direct Imperial Jurisdiction. Thirdly, the Judiciary is required to take legal cognizance of bidies of legal and near legal realities in the las provision listed in the Section discussed in this note.
This includes more infuence for the whole tradition of the Code Duello which is to be included in the Honor Code and admisinstered in the Empire’s bureaucracy by the Imperial Mistress of Ceremonies in her Office of Ritual Confrontation. But Judges are expected to be educated person who put on blinders and not people with mental tunnel vision so they should as a composite know the universal agregation of and any individual example of a code which allows for wounded honor to be met with a public challenge, allows a fixed time for response, allows an appointment of seconds, allows an interview of anounced seconds, allows seconds to contract a physician, allows seconds to certify choice and quality of weapons, provides approved lists, provides a marshal of lists and renunciations and enables the offended parties to have a limited and specified chance to kill each other in fair and equal combat. This is a defense to any charge of homicide. In the model of government proposed in this blog a previously mentioned government agency would monopolize certifying and regulating this activity.
This society does not restore slavery and far less presume Affrican descent to be connected with slavery but it does presume the Judiciary as a whole to be familiar with the significance to the rising Louisian influence of the historical importance of the Code Noir. The Code Noir was the law in colonial Louisiana which was widely unobseveds it forbid male masters from having sex with their female slaves. However, even this was partly effective and even as intended slaves who bore mixed children had a bargaining chip. other provisions were more enforced and effective. The slaves could not be sold apart from spouses nor children from their parents until they were old enough for some independence. The were free to refuse or accept a spouse and were to be instructed and baptized correctly in the Catholic faith. This was sometimes enforced in more religious diversity by extralegal means on masters after the United States law had been introduced.
Obscure cases in the current regime like Roach v. Dresser will be of much greater importance if this constitution is ratifeied in determining the shape of federal legal history. This case is also known more formally as Roach, James, v. Dresser Industrial Valve & Instrument Division was a decision issued by US Federal Judge Edwin F Hunter which recognized the Cajun and Acadian people as having a claim to any protections assured to ethnic minorities in the United States by US law.

In addition, the complex public array of organizations and what we will have to callalleged secret organizations of the Acadian people will be replaced by a restored and reorgnaized working out of the formal and open Imperial Tribe. This would include the largely discontined legal framework with whom the judiciary would have to interact. This centers around the Conseil des Droits. This is a very special part of the Arcadian-Acadian government both in its perpetual evolving constitution and in the current Acadian Secret Government. It is a council composed first of all judges and judicial magistrates who are in any way Acadians byt pure right so that even if under the current regime they do not know of it they are still members. Second, any Roman Catholic or Greek Orthodox Bishop who is an Acadian as well as the chaplains of the Bouletherion, the government and the Maison de Le Roi. Thirdly it is composed of a number of key genealogical officials. Fourthly it is composed of a dozen or more rather unique Acadian-Arcadian officials. While a Basileus who becomes an Emperor must be the Judiciary of Last Resort for the Empire and it must not be outrageously diifficult for him to hear certain special appeals it is extremely rare that an appeal goes beyond this council. It must be endorsed by every branch and two-thirds of the Bouletherion in a Parfait. The Basileus never presides overthis Council. He is President of the Conseil Des Armes and Presides over the Bouletherion when he is present and a Parfait is being held, he presides over the Tout et Rien when it is merged with his House and that can be often. That means that while bound by rules and kept in check in many ways by ancient Teutonic or East Asian standards he really does exert some intermittent political leadership in each of these other branches. But in the Conseil des Droits he is really excluded except as a part of the government and tribe in which it operates and with which it must interact. There are many forms of tyranny besides those of a royal monarch who overreaches but for those who distrust this power the purest guardian of their freedom is the Conseil des Droits. The Conseil has a maximum of five ceremonial guard charters who can enforce some of its orders directly, courier its messages and who are to defend its sites and officers even from the government. On the other hand the other branches also have minor incursions into judical action. This is not exactly the judiciary — it is the Conseil Des Droits. Because this union will not include a truly Acadian State the Conseil would have less power than it would have if that were the case.

So here we get to the text from the model constitution which is our subject today:
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Article Four: Judiciary
Section One: Judicial Competence, Courts and Magistracies
Subsection One: The judicial Power of the United States, shall be vested in one supreme Court, subject only to very limited opportunities for review by the Emperor sitting as the Judiciary of Last Resort. The United States Supreme Court is largely defined and authorized in Section Three of this same Article of this Constitution, it is more structured in the constitution and less a creature of Congress than in the Constitution of the Second Union. However, the general work of the judiciary shall be done in the inferior Courts as the Congress may from time to time ordain and establish. The Judges styled Justices of the United States Supreme and the Judges of the inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office except when all Union employees universally receive a diminution of pay of no more the ten percent in a national crisis of the first gravity authorized by Congress signed by the First Executive Vice-President and given a special free assent by the Emperor on recommendation of the GRIHHA.
Subsection Two: Competence and Capacity
Provision One: The United States Judiciary shall presume that there are cases for which the Imperial Judiciary alone is competent and matter of Jurisdictional law and litigation not reviewable in the United States Judiciary. They shall therefore have a set of motions and decress and evidentiary laws and rules for Exclusion for Lack of Jurisdiction, System Recusal for Federal Reasons, Recusal for Imperial Deference and Estoppel of Procedure for Lack of Competence or Impossibility of Venue.
Provision Two: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party. Much of the power and Capacity of the United States Judiciary is related to diversity which is briefly delineated here but is more defined in Section Two of this Article of this Constitution. In all Cases affecting the Union Executive directly and its Ambassadors, other public Ministers and Consuls, and those in which a Constitutional Jurisdiction shall be Party, the United States Supreme Court shall have original Jurisdiction. The United States shall be entitled to continue the merger of Law and Equity in most matters and procedures. However, the United States shall maintain a bench with no authority in law proper which shall be a Court of Equity in the Public Interest with a scientific and technical master college to have both intermediate appelate and direct powers over issues of nuissance to public health, ecological crimes, patents, copyrights and Honor Code Litigation matters not reserved exclusively to the Empire. The United States shall also maintain a bench with no authority or remedies in equity proper which shall be a Court of Law in the Government with a procedual and juridical master college to have both intermediate appelate and direct powers over issues of administrative regulation, federal procedure, and the rights of Compacts, Guilds, Tribes, Religious Institutions and those Honor Code and Nobility rights matters not reserved exclusively to the Empire. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Provision Three: Diversity Jurisdiction in the United States consists of Controversies between two or more Constitutional Juisdictions States and in those cases arising under Constitutional Jurisdiction laws between a Constitutional Jurisdiction and the Direct Imperial Government Jurisdiction;–between a Constitutional Jurisdiction and Citizens of another Constitutional Jurisdiction;–between Citizens of different Constitutional Jurisdictions;–between Citizens of the same Constitutional Jurisdiction claiming Lands under Grants of different Constitutional Jurisdictions, and between a Constitutional Jurisdiction, or the Citizens thereof, and foreign States, Sovereigns and Polities as well as the Citizens or Subjects thereof except where such claims are specifically reserved in this Constitution for the Emperor or that section of this Constituional Union known as the Empire. The Constitutional Jurisdictions are to be given full justice and due process but in matters of operational rank, protocol and priority all ranks are to be observed in a matter which does not impede the unique equality of parties to a legal dispute. This equality at the Bench and in the Dock must not become a program of Societal Equality.

Provision Four: The Trial of Original Instance of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the Constitutional Jurisdiction where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Subsection Three: The Direct Imperial Government Code, Law and the Laws and the Judiciary
Provision One: The Direct Imperial Government would interpret the law of its own code through its judidcary and at the top there will be two streams of finality one ending in ordinary cases with a High Appelate Court of which the Emperor is Extraordinary President ant the other ending with the US Supreme Court in some cases or the GRIHHA in other and only tenuously linked to the Emperor as Judiciary of Last Resort.
Provision Two: There will be Direct The Imperial Government Civil Code which shall govern much of the life and legal operation within Direct Imperial Government Lands. There will be a title within this Civil Code called Variances which will discuss the ways in which the various Districts such as The District of Columbia, Compact Districts of Compact Zones, Royal Fiat Bands and Fiefdoms can modify this Code as well as fill in its gaps and how and to what degree they can interpose their own authority between this Code and their Constituents. This Code will not be binding on any of the Constitutional Jurisdictions nor on the Federal Jurisdictions such as military bases of the United States military. However, where there is ambiguity or silence the courts and other governments will use this Code as an understanding of the law within the Empire on all subjects. There will be no Title in this Code more vital and more honored than Domestic Regimes nor more inviolate from Union interference.
Subsection Four: Jurisdictional Law
State Courts, Territory Courts and Possessions Courts will form each the judiciary of the ordinary laws and statute of their particular Constitutional Jurisdictions. However Federal removal will be continued from the 1789 Constitution as defined earlier in this section. When Federal Courts are interpreting Civilian Codes they must examine the sense of jurisdictional legal expertise and comments of the courts and attorneys general. In Commonlaw jurisdictions they must follow evolving Common law Principles of Res Judicata and Stare Decisis as well as the evolution taking place in the Empire.
Subsection Five: United States Law
The Federal law shall govern less of the society than in the second Union, However, it shall still Govern. The Federal Judiciary shall be its arbiter as well as the trier of diverse cases. The Federal Judiciary will acknowledge that a new form of law is devloping in the Union which has both Civilian and Common Law ancestry.
Subsection Six: Special Cases
Provision One: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. However, the United States shall have basic enforcement power subject to removal to the Empire proper for Imperial ajudication. There can also be treason a gainst the royal sovereign of a jurisdiction which can be prosecuted by the United States. Treason against a royal sovereign of a jurisdiction may not be easier of commission nor harsher of punishment than Treason against the Emperor, Empress or Empire. There shall be low and misdemeanor Treacherous Conduct agaist the Empire which shall consist of knowingly publishing or distributing materials or information intended to lead to the killing of royals or other who serve for life. Publicizing the sexual misconduct or alleged misconduct of the Ladies of the Royal House or any femal consort of the Emperor without the permission of the Emperor or GRIHHA, bringing unauthorized armed aliens into a palace or royal estate and the theft of classified information from a palace or the person of the Emperor or Empress. Penalties for misdemeanor Treacherous Conduct shall not exceed ten years in prison and a fine comparable to other ordinary serious fines in use. High Treason shall consist of attempted or successful knowing killing of the Emperor or Empress unless in a fully authorized and regular duel or Vendetta as regard the Emperor in all due and proper formality; Rape or coercive seduction of the Empress, Imperial Mistress of Ceremonies or the royal and legitimate wife of a Seeded Heir; True Forgery or Falsification of an Imperial Military Order or Edict. High Treason shall be punishable by Death. Gross and High Treason shall consist of successful murderous brigandage against multiple members of the Inner imperial House in their Palace or Private Domains — this shall be punishable by cruel and unusual execution of a capital sentence. No Person shall be convicted of Treason before first having a hearing before a panel for matters of venue, jurisdiction and competence and the certiciation of possession evidence before counsel representing not only the accused but such friends of the court as seek to preserve civil liberty as shall be admitted in small and reasonable numbers. Once this case is certied all documentary and circumstantial evidence must be preserved for fifty years and each instance decided as releaseable to the public or not with a memorandum of decision in each case. Should this evidence be found insufficient to proceed at any point the accused must be released unless convicted on the Testimony of two Witnesses to the same overt guilty Act, or on Confession in open Court. No Attainder of Treason shall work Corruption of Blood, or Forfeiture except on the Honor Code rating and it may not exceed the twice the highest deduction of Honor Rating points allowed for non-treasonous acts and such penalties as relate to the household of the Attained Traitor during the Life of the Person attainted
Provision Two: All the judiciary in the Empire and Union shall take cognizance beyond the DIG Code of the intrinsic importance of Aboriginal American Tribal Customs, Droit des Acadiens, Catholic Canon Law, the Ius Gentium of the Imperial House Protocols and Royal Customs at first colonizations. How this cognizance is taken shall vary according to the system of law and the case being tried.
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If you have the energy to discuss this with friends that would be great. But the basic point here in this Section One “The Recognized and Intended Magistracies” in Article Four ” Judiciary” is that for our system to work there must be an effective judiciary. This judicary will ahve to repsond to all aspects of the society and the union within the rubrics and parameters of this constitution. Here there is laid out a plan for how complicated legal problems related to style of government, federalism and the civil tension of civil and common law will work. Law and equity are severed in one part of the sytem and special cases of the law are discussed. This is even more controversial because it is fairly technical and I am not a technical operator in that regard. However, in a radical or revolutionary change there will be such disruptions — they are inevitable.

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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Jim Davidson likes this.

Jim Davidson There are several issues that I think you may wish to address. First, the constitution as it is implemented today is not merely the original pamphlet-length document, but also many books of cases, precedents, and rulings. The body of constitutional law and doctrine in the United States would fill a great many volumes.

Second, I’m not clear what the point of this exercise would be. We’ve already seen that a constitution has no ability to actually limit government. The USA constitution was written by wise men who had in mind limits to government, and it was brought into existence among a population which had severe misgivings about government over-reach. And it failed.

It did not merely fail 220 years later, it failed right away. In 1794 there were draft riots in major cities. Washington marched 12,950 conscripts across Pennsylvania, killing 12 of them on the march, to enforce Hamilton’s whiskey tax. Once that was in place, the taxes and national debt were immediately used to begin 120 years of continuous war with Indian nations. By 1819, E I duPont was sitting on the board of directors of the second bank of the United States, lobbying for more money for more wars with more Indian nations, and selling gunpowder to the US Army to prosecute those wars. The military-industrial-financial complex was already a-building.

It would be mistaken to imagine that a better, longer, more complex constitution is going to be any better at limiting the power of government.
19 hours ago · Like
Frank Wynerth Summers III Jim Davidson, I appreciate your comments. Although we are not offline friends I have known you long enough to know that you are a learned and passionate man who struggles for what he sees as the enlghtened path. Your comments are most welcome.

I am less individualistic and Libertarian than you have always seemed to be. This is my appeal for peaceful change and I also go to great lenghts to avoid confrontation including possible migration until death in the future. However, I am a man who is not a virgin when it comes to violence, who does believe in the value of both community and society. There may come a time when I will feel compelled to act in ways which will be less peaceful in defense of what I hold dear. Should that happen this constitution alsoserves as a reminder to any and all of what I will have fought for. That could be as a rminder after I am fallen or as a call to arms.
18 hours ago · Like
Frank Wynerth Summers III However, as to the above let it be clear this is only a peaceful model and suggestion for now and the foreseaable future. Once again, JD, your time and energy are much appreciated…
18 hours ago · Like

Jim Davidson I’m for peaceful change. I simply don’t think there are political solutions available to redress the abundant problems from the excesses of politics. When you find yourself in swampy water, digging is the wrong answer.
17 hours ago · Like
Frank Wynerth Summers III Back to the substance of your first comment
“First, the constitution as it is implemented today is not merely the original pamphlet-length document, but also many books of cases, precedents, and rulings…” Well, there is a distibction betw…See More
16 hours ago · Like

Jim Davidson The constitution has either authorised all the tyranny we suffer, or it has been powerless to prevent any part of it. Whether it is one thing or the other, it is not fit to exist and is inappropriate to governing a free people. ~ Lysander Spooner, circa 1874. See his essays “No Treason, the constitution of no authority.”
16 hours ago · Like

Discussions on the Model Constitution(14th in a Series): Second or Deputy Executive Vice-President

Why and How I am a Committed Radical (14th in a Series): The Second or Deputy Executive Vice-President
by Frank Wynerth Summers III on Saturday, April 21, 2012 at 10:17pm ·
This Note will be about the Fourth Section of Article Three 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:


This language which is discussed in this note from my Model Constitution is a part of the development from continuity as regards the Vice Presidency as it was long defined and also as it was redfined in the traumatic events following the Kennedy assassination. During LBJ’s administration the 25th Ammendment came to be:
The 25th Amendment was proposed on July 6th, 1965
The 25th Amendment was passed on February 10th, 1967.

This was one of the many steps in stripping away all respectable genius for legitimacy which had existed in our original constitution and which has been continuously eroded. While there were some improvements effected by the twenty-fifth in that it allowed for clarity and prompt action and also there was a great deal more wisdom in confirming the new appointed Vice President throught both Houses of Congress it was not the right direction and is not necessary under the new royalist regime proposed here. The new system of that twenty-fifth ammendment system has been used and it was not terrible but neither was it all that good.

The first person appointed to the vice-presidency under the terms of the 25th Amendment was not confirmed by subsequent election of the people and was defeated by a candidate who became a President usually seen as mostly unsuccessful and divisive. Gerald Rudolph “Jerry” Ford, Jr. was born Leslie Lynch King, Jr. and took the name of his mother’s next husband and was never formally adopted and changed his name late in the game. Long after his July 14, 1913 birth he was receiving some financial support from his birth famiy while going by another name. He was to pioneer a new sort of title iregularity as Presidentwhen he took office after Spiro Agnew resigned Then he became President upon Richard Nixon’s resignation — the only President of the United States who was never elected President nor Vice-President by the Electoral College. This new Constitution is not like the First Union’s Articles of Confederation which seeks to make parties as weak as possible. However, the royalist institutions added do strenghten some other aspects of the society and at the expense of the party and the kind of party leader which a current president is in our system. Before becoming vice-presidency, Gerald Ford had been a distinguished Member of Congress 25 years as the Representative from Michigan’s 5th congressional district, eight of them as the Republican Minority Leader. He was very far from representing the consensus, mandate or even choice of the Country and under this Model Constitution’s system such a person could not be First Executive Vice President until several other points in succession had been passed. I have nothing against Ford who was a pretty good President in anumber of ways and whom I met and spoke with personally after his retirement. In this system proposed in my Model Constitution as throughout much of American History the Speaker follows in Succession after the two electees of the Electoral College. In this system that can be a succession even to the Second or Deputy Executive Vice-President’s office. That can be opted out of unlike thesuccession in the event that both posts are vacated. The Speaker is elected by the entire society of Citizens through their representatives and is involved in governance and so is uniquely qualified to follow in succession. The Emperor and royal house would secure both legitimacy and continuous administration in crises. This system will keep a clear difference between the ideal of the elctoral college and the other parts of the regular election and anything else. The Union must be able to function but there is no reason to pretend that circumstances are entirely normal after this kind of crisis occurs.

The other area of reform in this position compared to the current position of Vice President is that the Second or Deputy Vice-President has more duties under this constitution. That is partly because there are many things that need high level attention, partly because the Emperor and Imperial House make it harder to justify having a grnd official waiting around to fill a gap and partly because these duties will still leave open some time for this official to have a schedul open for pinch-hitting when needed in the Executive game as Vice Presidents have sometimes done. Right now the office of Voce President is a bit more like fishsitting than we can afford to continue. I use the term fishsitting in memory of a time when a great percentage of the people here at Big Woods and others whom I knew were headed off to a wedding in Georgia for a family friend and her soon-to-be husband. I was not invited and very possibly would have dedclined the invitation. I planned to watch the British royal wedding and tend to the little things I often attend to and I had a reception as Outstanding Graduate of ’89 at UL which I was trying to be sure that I was ready for on that Monday which is an important thing I am invited to every four or five years. Nonetheless, if I were prone to loneliness I might have felt hurt and lonely.

However, a small child who is a friend and lived on campus here but now is older and lives in Peru had asked me to care for Squirtie, the freshwater Beta she and her even younger brother own together. This fish seemed a rather well-behaved and quiet companion. Along with the horses and dogs we got along fine that weekend. The fish did not respond particularly alertly to his name but he iwas good company nonetheless. In fact he has did nothing to offend me all day. e Squirtie survived this weekend and some more days and never complained of feeling ill. Fishsitting is not a bad job but it is not really that great either. America will have to get rid of the luxury of having one of the most qualified politicians in the country looking mostly like a fishsitter. There will still be some waiting around to see if anyone dies but it will not be as significant a role in the office of the junior electee of the Electoral College.

Given all of what could be said this is a brief note which brings us to the end of Article Three’s text. The next note will deal with Article Four on the Judiciary. So here is the text as follows:

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Section Four: The Second or Deputy Executive Vice President
Most of his office is described elsewhere in this Constitution than here.
Subsection One: Interbranch Affairs
President of the Senate and Chief Consul of the Senatorial Police Council as well Chief Deputy of the First Executive Vice President his office shall receive due information on interbranch affairs of all the Federal Government and he shall issue a recorded report on such matters to the first Executive Vice President and also to the Emperor annually.
Subsection Two: Succession
Provision One: The Second or Deputy Executive Vice-President is to be seated as the sole member of the Federal Government’s Union system on the Empire’s Succession Review Board. He or she must report on issues related to successions which affect the Federal Government to the Censors every year. If the First Executive Vice President is a woman then she must have served or serve from election day for one month in the Empress’s Court.
Provision Two: Whenever the Second or Deputy Vice President and two-thirds majority of either the Cabinet officers of the union executive departments or of such other body as Congress may by law provide, transmit to the Clerk of the GRIHAA, Chief Censor, the President pro tempore of the Senate and the Speaker of the House of Representatives a copy of their written petition to the Court Physician and the Surgeon General theat they jointly cerify that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Once this is certifeid by the two medical officers of state then the Emperor will decide whether the First Executive Vice-President is out of office or temprorarily disabled. The Acting First Executive Vice-President will have all the powers of the First Executive Vice-President but shall have agreater duty to report to the Emperor and the First Executive Vice-President will be examined frequently for fitness to return to office.
Provision Three:In the event of the death or removal of the First Executive-Vice President the Second or Deputy Executive Vice-President shall be sworn in as First Executive Vice-President, pay fealty to the Emperor and assume the duties of office. At this time the Speaker of the House of Representatives shall be offered the post of Second or Deputy Executive Vice-President for the remainder of the existing term. If the Speaker is a woman who has never served in the Empress’s Court she shall do so for one month and during that time the new First Executive Vice-President shall appoint a United States Senator to serve as Acting First Executive Vice President during that time. Should both the First Executive Vice-President and the Second or Deputy Executive Vice-President die or be removed in the same even or at almost the same time then the Speaker of the House of Representatives shall become First Executive Vice-President and the Emperor shall select a member of the First Executive Vice President’s Cabinet to assume the office of Second Deputy Executive Vice-President from four nominees listed by the GRIHAA sitting without him. Should the Speaker also be killed or removed in the same event, then the Emperor shall appoint both of the Executive Vice-Presidents from three nominees for each post from the GRIHAA. Should the Cabinet be greatly disgraced, killed or unavailable in these circumstances the Emperor shall appoint a Sentaor First Executive Vice-President and a Member of the House of Representatives to the post of Second or Deputy Executive Vice-President.
Subsection Three: Protocol The Second or Deputy Executive Vice-President shall maintain for the Union a cooperation with the Empire and the Ministry of Protocol most of all. They will seek to make the attendance of this official both very proper and suitable in dignity for attendance on those ceremonial events which the Union Executive should attend but which the Constitution or laws do not require the First Executive Vice-President to attend. Most of all, in this regard attendance upon foregin courts and governments and the United Nations should become an area of such expertise as can be mastered in a such few years as the office is held. The oath of fealty sworn by the Second or Deputy Executive Vice-President will speicfy such duties and cooperation for the Union Executive with the Empire.
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If you have the energy to discuss this with friends that would be great. But the basic point here in this Section Four “The Second or Deputy Executive Vice President” in Article Three ” The Executive and the Monarchy” is that for our system to work there must be an effective executive and in both the royal Imperial portion of the Monarchy and Executive and in the Union Government portion of the Executive there must be plansfor a smooth succession even in emergency and more care for competent and legitimate succession as well. This portion of the article introduces to us in the Executive the idea of an official who has a great deal of continuity with the Vice-President of the republican Union. We have seen a good bit of his regular work indirectly and directly in Article Two “Congress” . We also see that as the Empire and its agencies are better understood through other article we will be able to see better what he would do in connection to the new structure. We also see varied provisions for having a man in a more familiar pattern of transition or a woman who has additional responsibility for preparation at the Empress’s Court. This is the only person of the four officials in this Article who does not hold much executive power and never serves as head of state. We are made aware that the principal function is to be prepared at very short notice to become First Executive Vice-President who is a figure much like the current President of the republican Union.

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.

Discussions on the Model Constitution(13th in a Series): First Executive Vice-President, Duties and Powers

Why and How I am a Committed Radical(13th in a Series): First Executive Vice President — Specified Powers, Duties & Limits
by Frank Wynerth Summers III on Friday, April 20, 2012 at 2:35pm ·
This Note will be about the Second, Third and Fourth Subsections of Section Three of Article Three 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:


This proposed Constitutional change that is modeled in the Model Constitution will work itself out in three distinct thrusts:

First, there will be direct changes, recognitions and empowerments which allow for new instutions to deal directly with varied problems which exist and must be addressed in the society and its governance.

Second, there are limitations on the power of the federal government, the creation of new jurisdictions, family associations, special compacts and the strengthening of means of subsidiarity to get the federal government out of parts of people’s lives and institutional affairs where it ought not to be operating. This will also strengthen the federal government by diminishing the expenses and actions required in q world of limited resources.

Third, there are large and small reforms, renaming and reshaping of existing institutions in ways that one hope’s will improve them. This note is about such a reform as exists in this third category. It is about how most of the powers and perogatives of the current republican Presidency will be transferred to the new office of First Executive Vice- President.

The ordinary exercise of Executive power and administration will still be a very powerful office. America is in a state of real struggle and perhaps beyond any simple power of solution, the Constitution her proposed is a change of structure. Once the broder Constitutional structure is changed there is still a great deal of room for different political leaders to lead in different directions. Once more powers are reserved to the Jurisdictions there is still a powerful Union government. Once some powers are retained and some fealty is owed to the Imperial figures and royals themselves there is still a great deal of leadership and status in the hands of the ordinary political executive. In addition the early FEVPs will surely help to shape how various powers and perogatives are distributed among the Empire, Union, Jurisdictions and other constitutional players. There surely will be new complexities and some bumpy stretches on the road to a new state of being for our government but there must be an attempt to solve the crises we face nonetheless. The FEVP will be the best positioned single person to act in leading the way through all of these struggles and adjustments as well as the crises themselves. As the crisis moves toward a climax we face the need to resolve some issues quickly while at the same time we face the destruction of what social fabric we have unless we can make a strong advance in areas where we are currently completely surrendered or nearly so anyway.

The founding of the new regime will address some of these issues listed below directly but always there will be questions to resolve. Even knowing when not to have a policy is a policy. These then are some areas where a new First Executive Vice-President wil need to be able to act. I have st them out as imperatives but only a few are fully assured by the new Model Constitution. It may be the role of an FEVP to oppose some of these imperatives and delay others. It will also be his job to try to understand what role belongs within the the limits of his role and powers :

1. We must secure our borders and ports and formal functions of leadership from being overrun by essentially foreign interests.
2. We must change the debate from the irreconcilable and stupid big government-less government to debates on more complicated issues of policy.
3. The atomic bomb and the exploration of the moon are the two greatest American technical achievements and we must redeem and establish them as part of ongoing policy.
4. We must seek the right kinds of major constitutional reform and redaction so that we are not governed in madness.
5.We must tax, regulate and control the trade in currently illegal drugs with Federal parameters licensed in States and other jurisdictions.
6. We must save the Gulf Coast and the south Louisiana wetlands.
7. We must establish a better and richer foreign service community.
8. We must create sound family policies.
9. We must cut our debt.
10. We must create a large infrastructure and manufacturing sector.

I have said elsewhere that I think that without constituional change things will get much worse. I reall believe that we are nearly on the brink of societal collapse. The chance to act in our own self-interest is slipping away. There will be very few more chances to save our country after this chance has passed. But if we do act than while the Emperor secures the overall structure and some specific thrusts the FEVP will deal the daily challenges of governance.

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Subsection Two- Civilian Power over Military, Cabinet, Pardon Power, Appointments and Language
Provision One: Military Powers
The First Executive Vice President shall be Ordinary Commander in Chief of the Army , Navy and Air Force of the United States, and Dux Bellorum of the Militia of the several States, when called into the actual Service of the United States. The First Executive Vice President shall be the Ordinary Imperial Command Deputy of the Militia of the Several Territories and Possessions. He shall have no authority over the Traditional Honor Guards of the Jurisdictions, nor the Forces of the Direct Imperial Government nor of the Imperial Tribe.
Provision Two: Special Executive Powers
The First Executive Vice President may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
The First Executive Vice President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Provision Three: Administration Officials
The First Executive Vice President shall have exercise of due Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: where otherwise provided in this Constitituion specific provisions for autonomous adjacencies and limits on the cabinet shall override all mere matters of law and where not so limited the First Executive Vice-President shall have all reasonable powers over his Cabinet ast their Chief Executive with Direct Powers pro forma and pro se and of his residence and office building as lawful Steward in Chief and Temporary Master thereof. However, outside these grants of privilge or specific provisions of the Constitution the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The Imperial House in the GRIHHA shall stamp and certify these ordinary exercises of power with the style of “under the reign of” and the name of the Emperor or “under the reign of” and the name of the Empress followed by “during the Interregnum which is the” and the right number ordinal since the founding of the Empire.

Provision Four: Language
As stated above, the Imperial House in the GRIHHA shall stamp and certify these ordinary exercises of power with the style of “under the reign of” and the name of the Emperor or “under the reign of” and the name of the Empress followed by “during the Interregnum which is the” and the right number ordinal since the founding of the Empire. The Emperor steers the ship of State and is sometimes a player capable of winning and losing in the political arena and for all these reasons he is not a figurehead or rubber stamp. “The Administration of First Executive Vice President” and the name of that official “under the reign of” and the name of the Monarch is correct formal designation of the administration. It is not to be referred to as the government nor especially “His Majesty’s Government.” The Administration shall within a year furnish all Executive Vice Presidential Speeches of the First Class, Acts of Congress and Executive Orders in the required official Translations. The required official translations are as follows: in French to the Imperial Tribal Council, to the Louisiana Purchase Compact and to the Imperial House; in Greek to the Imperial Tribal Council, in Spanish to the Spanish Borderlands Compact, in Cherokee and Hawaiian to the Compact of the Territories and in these CoT documents all numbers must be produced in arabic and Mayan numerals. No other official translations may be required although for fees the administration may produce them and shall assist in producing Compact chartered translations wherever it is not an undue inconvenience. Diplomats are to be informed of what is available officialy. Because the official language of the Empire is English care, will be taken not to slavishly imitate British Royal useage where terms are required. In addition the First Executive Vice President shall ben officer, along with the Special Vice Presidents of the Compacts, of the American Imperial Dialect and Language Board. He shall appoint a proxy to serve in his place when he is unavailable.

Subsection Three – State of the Union, Convening Congress, and General Powers
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment he may petition the Emperor with the Advice and Consent of the GRIHAA or DIG at Imperial whim to adjourn them to such Time as the First Executive Vice President shall think proper; Congress may determine the process of such adjournments in Laws except that he shall retain the perogative as stated for no less than one month per two year Congress and this First Executive Vice-President’s Petitioned Adjournments may thereafter be ended by edict at whim of the Emperor. They shall under this Constitution be ended by the start or ending of an Interregnum with the Empress acting with the powers of the Emperor in the Interregnum; these adjournments shall also end with the arrival of a date one month before the scheduled biennial Congressional elections or on the changing of the Calendar to the next year after the adjournment began. The First Executive Vice-President shall receive Ambassadors and other public Ministers; shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. It shall be understood that where it is specified in this Constitution that the Emperor or Empress holds or retains a specific power such provision overrides this general power entusted to the First Executive Vice-President. In addition although the the United States and Empire cannot be entirely distinguished and are in an ultimate sense much the same society, they have separate government and agencies and The Emperor, Empress, GRIHHA, DIG and Imperial Tribe operate internally without interference from the US bureaucracy and the First Executive Vice-President.

Subsection Four- Disqualification and Limits, Term of Office
The First and Second Executive Vice Presidents and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. No person may serve as First Executive Vice President for more than two full four year terms nor more than a total of ten and a half years. At the end of his tenure in office if he has served a total of six and a half or more years he may not seek election to that office again. In that case he shall be given two years to put up the plans for his library and then will become a Censor. Should he have been President less than six and a half years in total then he will be given three years to put up his library and then may renounce his right to seek reelection at the Imperial Palace and be made a Censor, If he does not renounce he will become a Censor when he turns seventy-five years of age, when known to be dying soon, ater having been out of office for twelve years or posthumouslt – whicherver outcome transpires first. Anyone who has become a Censor cannot seek election as First Executive Vice President. A woman may not seek election to the office of First Executive Vice President unless she has served for a month at the Court of the Empress awaiting permission to do so. This shall be possible whether the Empress is a regular or an acting Empress. Such permission shall not constitute an endorsement of any woman receiving such permission.
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If you have the energy to discuss this with friends that would be great. But the basic point here in Subsection Two: ” Civilian Power over Military, Cabinet, Pardon Power, Appointments and Language” , Subsection Two”State of the Union, Convening Congress and General Powers” and Subsection Three “Disqualification and Limits, Term of Office” of Section Three ” The First Executive Vice President” of Article Three ” The Executive and the Monarchy” is that for our system to work there must be an effective executive and more as well, and that while the Emperor and Empress will take some things to a new level and perform some vital roles the the First Executive Vice-President will exercise the ordinary political executive power entrusted to him by the Emperor. This portion of the third section of this article continues to describe a figure much like the current President of the republican Union who nonetheless has certain reforms in the nature and practice of the office itself. He has the power to petition the Emperor to adjourn Congress, although without assurance it will be done. He has his powers as Commander in Chief more returned to the customs and traditions of the past as regards the Jurisdiction and away from the current system. In addtion he is required to operate in parallel with the Empire as a system outside the Union which has some protected ties to the jurisdictions as well a Direct Imperial Government Jurisdiction over which he has no authority and with which he must interact. This cooperation and struggle is both in civilian administration and military structure. He has stronger authorities over his residence than the President currently enjoys in the White House. The First Executive Vice-President has new responsibilities as related to culture and language as American become less of a hypocritical and opressive republic and more of an Empire. There is also the transformation of the former First Executive Vice-President into a Censor after he retires. There is also special provision and an additional requirement for any woman seeking to be First Executive Vice-President. There are many changes here and elsewhere such as the Line Item Veto described in the Second Article but the office is largely continuous with that of the current republican presidency.

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.