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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; ShetarSuretyship.

[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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COPY-CLAIM by:jdh

סימן הק' יונתן:אמרכל, שר