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בס"ד
Sovereignty
 
Models:
Nullification (U.S.
Constitution)
Nullification is a legal theory that a U.S. State has the right to nullify, or
invalidate, any federal law which that state has deemed unconstitutional. The theory is based on a view that
the sovereign States formed the Union, and as creators of the compact hold
final authority regarding the limits of the power of the central government.
Under this, the compact
theory, the States and
not the Federal Bench are the ultimate interpreters of
the extent of the national Government's power. A more extreme assertion of
state sovereignty than nullification is the related action of secession, by which a state terminates its
political affiliation with the Union.
Municipal Autonomy
Urban secession is a city's secession from its surrounding region, to
form a new political unit. This new unit is usually a subdivision of the same country as its surroundings, but in some
cases, full sovereignty may be attained, often referred
to as city-states. It is an extreme form of urban
autonomy, which can be expressed in less formal terms or with ordinary
legislation such as a City
Charter.
William
Carr (bio: http://en.wikipedia.org/wiki/William_Guy_Carr):
...no nation which signs this [UN] Charter can justly
maintain that any of its acts are its own business, or within its own
domestic jurisdiction, if the security council says that these acts are a
threat to the peace.
source: http://quotes.liberty-tree.ca/quotes_about/sovereignty
In the State of Israel
The law of obligations in
the State of Israel is derived from numerous different sources: Ottoman and
mandatory laws, as well as Israel legislation. English common
law and equity is a further source of the Israel law of obligation whenever
there is a "lacuna" in the existing law (s. 46, Palestine
Order in Council, 1922–47). In recent years there has been increasing
legislation in this field, showing to a certain extent the influence of
Jewish law. (See also *State of Israel, Jewish Law in.) In some of
these laws it is stated that the abovementioned section 46 no longer
applies to them. See *Contract and Introduction.
See
further: *Admission; *Assignment; Bailment; Gifts; Labor law;
Lease and Hire; Maritime Law; Partnership; Sale; Servitude; Shetar; Suretyship.
[Menachem Elon]
Download CLAIM OF RIGHT
Framework for
Sovereignty
Seven Commandments – One Positive, Six Negative
All of the Children of Noah and their descendants
were given Seven Commandments.
(It is interesting to note that the Generation of the
Flood was destroyed as a direct consequence of the
"legalized" fraud and "legalized" theft upon which
their "civilization" had been built.)
The single positive commandment among what is widely
known as the "Seven Noachide Laws"
is known in Hebrew as "Dinim",
and is usually interpreted to refer to the establishment of properly
authorized "courts".
The singular form of the word "dinim" is the word "din",
which looks like this in the original:
Reading from left to right:
The first letter, "Daleth",
means "Door"; signifies an opening.
The second letter, "Yod",
is a point; signifying the manifestation of God's presence in this world.
The third letter, "Noon Sofit",
is a vertical line sourced from on high and serving as the pipeline that
delivers the blessings down into the very foundations of all existence.
What is a “Court”
All manner of properly authorized decision-making
councils are legitimate embodiments of the Commandment to establish Courts.
Examples include Courts of Law and Justice as well as
Properly Authorized Community Councils.
> Communal Decisions are made by Properly
Authorized Community Councils.
> Disputes are adjudicated by Courts of Law and
Justice.
The entire "Legal System" mandated by this
Commandment is limited specifically and exclusively to Contract Enforcement
and Restitution of Damages.
State of the World
“Follow the Money”
Of Carrots and Sticks
Acquiring a Flock
The Talmudic Sources describe the mechanism whereby
one may transfer ownership of a flock.
(This description is necessary because the means by
which the transfer of ownership of objects/commodities is usually effected is by passing the object or commodity from
the hand of the seller to the hand of the buyer on condition that there
exists mutual informed consent that the physical transfer of the object
demonstrates the intention to transfer ownership. This is not
practical when the commodity is a flock; thus the provision of an
alternative.)
Three effective methods of transfer described:
Transfer of the stick or rod that is used to herd the
flock. The stick an instrument of fear.
Transfer of the bell that is used to call to the
flock. The bell represents the promise of reward.
Transfer of the "Alpha male" of the flock,
the natural leader that is followed by the individuals in the flock.
This statute is applicable (in parable) to the task
of successfully presenting alternatives of all kinds (for Good as well as
for Evil) to the people at large.
Sovereignty and Authority
Unless one postulates that we are, somehow, all born
into a pre-defined and predestined state of slavery, one must start out
with the premise that each individual is born as a Sovereign in the
"legal" sense of the term.
One may also inherit and/or personally undertake
specific contracts which impose limits upon this Sovereignty.
Often these contracts will subject the hitherto
Sovereign individual to the Authority of some other individual or corporate
entity.
It would appear that, among other factors, mutual
informed consent is universally recognized as a critical prerequisite, without
which any contract is deemed null and void.
Sovereign Immunity
It is essential that all Sovereign Individuals within
a Community be in the possession of documentation that effectively
safeguards all basic God-given Rights and ensures the fulfillment of
concomitant God-given Obligations with regard to Contracts and Damages.
The Amarcol Community has
proposed a minimal first draft version of this documentation.
Hebrew: http://tzibur.org/docs/COR.pdf or http://tzibur.org/docs/COR.doc
English: http://tzibur.org/docs/CTD.pdf or http://tzibur.org/docs/CTD.doc
Central vs. Local
Roman Society vs. Torah Society
Tradition describes the essential difference between
the Torah mandated structure of society and that of the dominant culture of
the past two thousand years – the culture of Rome.
Roman culture is built around a large central
Authority (King or Executive Branch) that is enshrined in a large Capital
City and a High Court of Law, either of which may create and enforce
statutes as well as adjudicate disputes.
The Torah, on the other hand, mandates a Community based
structure (Deut. 16:18) built up in a hierarchical series of
"courts"; specifically,
Courts of "Law" for the adjudication of disputes (contracts and
damages) and the "courts" that are embodied
by Community Councils that are
responsible for the execution of the will of the individuals that they have
been authorized to represent.
While the prevailing model of the Community is based
upon the participation of individuals living in close geographical proximity to each other, there is ample
precedent for the establishment of flourishing communities based upon common
economic interest, such as the Communities of craftsmen through the period
of the Second Temple and the rise
of guilds in Europe following the fall of the Roman Empire.
It is important to note that our model (as adopted by
the Amarcol Community) is based entirely upon
primary documentation as provided by original sources (both archaeological
and traditional) – many of which
were recorded and have been preserved
from the era of the Roman Conquest.
This being the case, it is also worthy to note that
this model fulfills the requirements that our Community would have to
satisfy in order to conform to the United Nations own definition of
Indigenous Peoples that are endowed with Sovereign Immunity.
Laws and Statutes
Basic Laws and Inherent Rights:
Freedom of Movement, Rights regarding Individual
Property, Privacy and Individual Security.
Obligations regarding Personal Responsibility and
Personal Liability for Damages.
Effective supporting documentation is provided to
individuals within the jurisdiction of the Community.
"Clean Slate" for Statutes – "Start
with Zero, add as required by request and consent of the Community".
Taxation exclusively by Representation
Coinage, Weights and Measures
Recording and Documenting the Ownership of Land, Land
Use (including Agriculture and Building), Local control of natural
resources (including water), et. al.
Civil Ordinances
Fines and Sanctions
Protectionism
The Torah mandated organization of civil society
demands the implementation of protectionism in its purest form.
Any properly
organized group of individuals may form such a Community provided that they
express a Common Interest (or Goal) and commit personal resources to the
establishment and maintenance of a Community Treasury and the enactment of
such statutes that will protect and nurture the Local Economy..
(To be expanded.
Meanwhile see: Guide to Establishing an Independent Treasury at this link: http://www.tzibur.org/~pages/CommunityClubTreasuries.htm)
Torah as Instruction
The literal translation
of the word Torah is "instruction", a procedure manual to be
followed in order to operate successfully in this world – both as an
individual and as a society.
Structure of
Societies
Governance of Society
is accomplished by two intertwined aspects of one unified structure.
The first aspect of
this structure is derived directly from the framework described in Exodus
18:20-18:21 enumerating the Captains of Ten, of Fifty and One Hundred, and
the Captains of Thousands.
(The original Hebrew term usually translated as “captain” is pronounced “Sar” and is best exemplified by the interpretation of
the American term “sheriff” as explained in proper context by Sheriff Mack.)
The second aspect is
the framework of Judicial and Executive Courts established in each city,
region and in the capital city itself. This framework is described by
a number of historical and rabbinic sources, and is based upon a
"textbook example" of a City of One
Thousand individuals.
It
is important to remember that this is only a textbook example, and that it
is not by any means the only legitimate embodiment of a Community
framework.
The Community of One
Thousand and the organization thereof according to Torah is described in detail elsewhere.
Disengagement/Decoupling
from the Roman Regime
"Entitlements" as well as all other forms
of coercive redistribution of wealth are expressly forbidden.
Contractual agreements may, of course, be executed
upon condition of mutual informed consent, and are not coercive.
Provision for water and maintenance of basic
infrastructure
All taxes are mandated and collected locally, and all allocation
of resources is determined by the local Council in accordance with the
mandate given by the Community.
Prosperity
Local Economy
Community mandated taxes and allocations
Justice
Practical Steps
Formal Community Structures
Procedural Requirements vs. Procedural
Recommendations
Provenance of the Requirements
Rationale behind the Recommendations
Unity in Communities
Confederation of Communities in the Common Interest
Treasuries
Independent Community Treasuries (held in simple and
equal partnership by the individuals that pay the Community Tax).
Sovereignty
Granted by Divine Decree and limited only by
legitimate contractual agreement between and among Sovereign individuals
and Sovereign Communities
Endnotes
Separation of Worship and Religion
God is very much concerned with our actions in this
world, as we all act in accordance with our true beliefs.
The doctrine expounded does not address any aspect of the direct spiritual relationship between the
individual and/or the Community with God…as far as the Courts are
concerned. That relationship is subsumed under the proper
maintenance of man's relationship with his fellow man.
"That which you find hateful, do not do unto
your brother." – Hillel
the Elder
Although Torah does provide instruction and guidance
regarding lofty spiritual matters such as worship, our primary concern here
is the protection of specific basic God-given rights and obligations without which a Society cannot not function properly.
Prophet: No Additions, No Omissions, No Alterations
The Rambam (Maimonides)
writes that a prophet may be characterized as one who presents the
principles of the Torah without embellishment or omission.
It is our hope that we are herein following in the
footsteps of such true prophets.
Contact: jdh@amarcol.org
מסרים
חדים:
"שלטון
העם לפי
התורה"
"ריבונות
עם ישראל
בארץ ישראל
לפי מסורת
ישראל"
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