The Libertasian constitution is separated into two parts: Part I is the Bill of Rights, and Part II describes the general functioning of the decentralized governance model used by Libertasia. The Bill of rights operates as a 'Declaration of the Rights of Man' and as such puts limitations on governing officials of any state, corporation, or individual including Libertasian officials. The rights mentioned in the Bill of Rights are not a Libertasian invention. They are objective rights held by all sentient beings anywhere. The rights may be thought of as natural rights, or God given rights, or inherent rights. The Bill of rights is only an imperfect attempt to describe the natural rights that always exist, however, that admission shall not be used as a pretext to allow the violations of natural rights. The purpose of Libertasia is to protect the rights listed in the Bill of Rights. Not just Libertasia, but all states are subject to the limitations mentioned in the Bill of Rights. This follows from their nature as natural rights, and not as Libertasian mandates.
Part I Bill of Rights, Declaration of Rights, Charter of Rights, Rights of Man
The following section is a list of recognized and described inalienable natural rights. These rights act as limitations on governments that might interfere with them. This listing is not intended to be complete. Any right not listed should not be construed as an indication that the right does not exist nor that any entity can violate such right. This listing grants no powers to take away any rights, but only operates to define limits on state actions. In addition to limiting what governments can legally do it also acts as a criterion for the State of Libertasia to use towards determining whether any government is in violation of the rights of man. This is important because it allows us to decide when to defend our citizens.
I The Natural Right of Self Defense
All individuals have the right to use sufficient force to repel any aggression and to prevent further aggressions from the individual or individuals engaging in the offense. This is an all inclusive right because each individual has a right to defend themselves against any and all aggressions that would violate any of their natural rights.
*Comments: I The Natural Right of Self Defense
The right of self defense is what makes the other rights meaningful. It links to every right and operates as an enforcement mechanism. Even in the case of the right to bear arms the natural right of self defense couples with it and makes it a meaningful right. Individuals always have the natural right of self defense.
II Establishment of State Sponsored Religions
No law shall establish an official religion that must be followed involuntarily by any individual, nor prohibit the free exercise thereof, except that if a religion is itself a conspiracy to take rights from others that did not consent it may be defended against or prohibited even by the state. Monies may not be confiscated involuntarily for the purpose of establishing any state religion nor used to limit the free exercise thereof. The definition of religion includes traditional religious structures, but also 'secular humanism' and the likes thereof such as communism. Individuals should not be forced by the state to participate in or contribute to any religion or its operations. This section shall not be construed to prevent the mention of common religious principles at state events.
*Comments: II Establishment of State Sponsored Religions: Secular Humanism / Communism
Because the state is used against the unwilling to forcefully impose secular humanist principles we see that it is a state sponsored religion. Furthermore, because during the forceful application of secular humanism many if not all the natural rights outlined here are violated we see that secular humanism operates as a forceful conspiracy to deny the rights of man. For these reasons individuals have the natural right of self defense versus the secular humanists, and the Libertasian state may represent these individuals in their self defense. Note: Libertasia does not forcefully impose any principles on anyone. We only defend our natural rights from any aggressors. In this we differ fundamentally versus the secular humanists.
It should be remembered that Libertasia is an attempt to defend the rights of man. Secular humanism has been used to ruin many constitutional systems, and is on the leading front in every country as a vector against the rights of man. We can see this in many ways. Just one small example is currency failures. This is why it is so important to address the issue directly in our constitution. Surely if the great religions that have often helped mankind throughout history are limited by the separation of church and state so should the secular humanists be. This is all the more true given the unmeasurable harms that they have caused, and that in conjunction with the fact that they use the full force of the state to impose their anti-human agenda against the unwilling. The same reasoning applied to secular humanism also applies to communism, or any system of belief that is followed by the state with the direct result of violating the rights of man. In fact our entire constitution can be viewed as an attempt to stop the statists from violating the rights of man. We can achieve many great things by so doing.
*Comments: II Establishment of State Sponsored Religions: Traditional Religions
In principle the constitution applies equally against any system that violates the rights of man. That said, Libertasia recognizes a vast difference in the manner in which traditional religions are applied by the state versus the operation of secular humanism. For that reason, we generally do not consider states with such state sponsored traditional religions to be a threat. This means that Libertasia would try to form positive alliances with such states. We would, however, defend Libertasian citizens in those states if they were subject state actions against themselves on the basis of their religion, and we would encourage such states to allow their citizens freedom of religious practice independent of the state.
*Comments: II Establishment of State Sponsored Religions: What this means for Hubs
Regarding Libertasian Hubs: Obviously, it will not be demanded of hubs that they must sponsor any given religion. That said, Hubs may themselves choose to follow or be members of a given religion. This is because membership in Hubs is always voluntary. We could therefore have Christian and Muslim hubs. It is not a violation of the separation of religion and state as long as the practice is voluntary and citizenship is voluntary. It would not be possible to have secular humanist hubs because in principle they advocate theft and force against others who do not want to participate as a method of achieving their goals. The same goes for communist hubs. It could be argued, that if there was some modification of their definition that included recognizing the rights of man they might in theory become hubs. We advocate not to allow this because these groups have been found to be inherently deceptive in their tactics. Also, these groups are constantly found censoring and manipulating free speech which goes against much of the spirit of our constitution. It would be fairly dangerous for these groups to become hubs because if it was found that they were forcefully denying natural rights then the full power of the Libertasian state would immediately, possibly even without due process, be brought against them. Due process is a peacetime luxury and does not apply in situations of self defense. Also, if they were some sort of infiltration again it should be vigilantly defended against. Basically, due to their history of killing in the hundreds of millions Libertasia should avoid these groups, even if they tried to redefine themselves. This discussion is much needed because it is precisely secular humanism or communism that has ruined every constitutional system proposed by man. Our constitution intends to defend vigilantly and vigorously against these threats whenever and wherever they manifest themselves.
III Free Speech
No state, corporation, syndicate, or individual shall be allowed to interfere with the freedom of speech, or of the press; Included in the notion of interference, but not limited to it, are such actions as: spying on political speech, systematically collecting and storing data on someones' speech if done by large corporate syndicates or government surveillance programs, the use of covert government agents to engage in political speech, discrimination against whistle blowers, government propaganda programs, government limitations of speech based on what it mandates as 'fair', government financing of political campaigns, smearing or blackmailing individuals to prevent their speech, social media syndicates that use algorithms to reward, punish, or hide speech, censorship of speech by large syndicates or associations is a violation of this right. The maintenance of blacklists, and ‘reputation managers’ by corporate syndicates is a violation of free speech. The existence large corporate enterprises or superstructures that control information and speech shall be considered a violation of free speech. Emergencies, such as pandemics shall not constitute an exemption from free speech requirements.
*Comments: III Free Speech
There is a distinction between free speech and conspiracy to to commit a crime. If the conspiracy is of a petty criminal nature then it should be dealt with by law enforcement. If it is of a nature that involves attempting to undermine the rights of man then it should be met with the most overwhelming and immediate military action that is strategically possible. In the case of the requirement of a military response due process is waived completely. Due process is afforded in peace time to citizens accused of criminal actions. Due process is not appropriate for conspiracies that constitute existential threats or threats to the rights of man.
IV Right to Protest, Petition, and Assemble
No state shall interfere with the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Requirement of permits constitutes interference under this section. Requirement to not speak when state representatives are near constitutes interference under this section. Unnecessarily closing off areas from protesters constitutes interference. The use of ‘state emergencies’ and martial law shall not be used as reasons to deny this right.
V The Right to Bear Arms
The right of individuals to keep firearms on their person or property shall not be infringed. Individuals shall be allowed to form militias for the purpose of community defense against tyrannical governments or other threats.
*Comments: V The Right to Bear Arms
The right to bear arms is coupled with the right of self defense. Together these two rights form the basis of forceful opposition against the aggressors that would violate natural rights.
VI Protection from Unreasonable Searches and Seizures
The right of the people to be secure in their persons, vehicles, houses, papers, electronic devices, media, and communications by internet, phone or other means, against surveillance, searches or seizures, shall not be violated either by governments, corporate syndicates or large data collecting organizations, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Any warrants must be publicly available for review. The state cannot issue secret warrants where the victims are never informed of surveillance against themselves. Requiring searches to travel by road, airplane or any vehicle government or private shall be construed as a violation of this clause. It shall not be sufficient under this clause to issue general warrants. It is a violation of this section if a citizen cannot travel freely without being tracked or subject to software designed to recognize and track the movements of individuals, this includes the use of voice and facial recognition software and such devices as hidden microphones and cameras designed with tracking technology. Under this right the printing of (non burnt or non backed) money by any federal reserve counts as seizure and is therefore a violation of the rights of man.
VII Protection of Rights to Life, Liberty, and Property
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Confiscation of property without any conviction shall be construed as a violation of this clause.
VIII Rights of Accused Persons in Criminal Cases
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
IX Rights in Civil Cases
In suits at common law, where the value in controversy shall exceed one 0.1 Bitcoins, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of Libertasia or other state, than according to the rules of the common law.
X Excessive Bail, Fines, and Punishments Forbidden
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
XI Other Rights Kept by the People
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
XII Undelegated Powers are Kept by the People
The lack of enumeration of a restriction shall not be construed as a power of any government. In general, citizens retain the right to be free from any government interference or involuntary excessive taxation in so long as they have not engaged in force or fraud. Taxation above 10% and for items other than reasonable police and national defense shall be considered a violation of this clause if it is confiscated in a non voluntary manner.
XIII The Right of Equal Protection
No law shall apply to one man, but not another. No man may be taxed to benefit another. No benefit shall be awarded unequally between men. No man may be granted any power over another solely by government decree.
XIV Anti-Monopoly, Anti-Cartel
No monopoly or cartel shall interfere with the otherwise free market. There is a natural right to participate in free markets and monopolies and cartels are a violation of this right. All cartels are violations of this right. If five or more enterprises control sixty percent or more of market share they shall be considered and unconstitutional monopoly. This shall not be construed as a defense if more than five companies are involved in a cartel.
*Comments XIV Anti-Monopoly, Anti-Cartel
Monopolies do not represent free market activity and violate the natural right to participate in free markets. The creation of an appropriate anti-trust law is an area of development needed. Such anti-trust law system should recognize strict limits on anti-competitive behaviors.
*Note this is in work and not ratified. We need great constitutional writers who can create a document that advances the values of Libertasia. In particular we need supporting pages that explain in more detail the meanings of the rights on this page. What appears here will be a rough draft until the constitution is officially ratified at which point it cannot be changed except through a hard fork of Libertasia. A hard fork will leave the original nation and the forked nation in place. Citizens are free to join either nation. Neither nation can embark on violating the rights of man. Final ratification will occur when the number of hubs is 13. Ratification procedures will be defined in Part II of the constitution.
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