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Sovereignty
1. Constitution
= ”Law of The Land” = Torah (see endnotes) 2. Local
Communities retain ultimate Sovereignty under the “Constitution” 3. Nullification
of all Statutes that exceed explicit “federal authority”, i.
e. to enforce the Constitution 4. “federal
governance” limited to inter-Community commerce, national coinage and
national defense 5. Institution
of Local Government (7◊28 + 23◊92 = 30◊120) / æè"ä åñðäãøéï ÷èðä 6. Local
Governments send delegates to “Federated Council of Communities” and
“Sanhedrin HaGadol” 7. Local
“militias” supply all manpower for national defense 8. All Taxes
collected Locally / Local Councils elect to provide funding to “federal
programs” 9. Land Reform
/ Distribution of “state lands” to private producers 10. Criminal
Code / Limited to prosecution of Damaged Party Suits / Adjudicated by Local
Courts 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. 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]
Hebrew Site Resource for State of Israel: WebDin (http://webdin.haifa.ac.il/) Links
This audio extract from the video seminar
is a Framework for Sovereignty (outline) 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. See: 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 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. |
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