Procapitalism. The new United Ireland Constitution, 2006. An Open Source project.

This is the world's first Open Source constitution, which is entirely based on the philosophy of Laissez Faire Capitalism. It will be developed and amended with the help of leading academics, who will be accredited for the valuable input they have provided.

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Version 3.0
July 20, 2006.
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The new United Ireland constitution, 2006.

Why the need for a new constitution.

Freedom and democracy are antithetical concepts and are absolutely not interchangeable. Therefore, where genuine freedom exists, there can be no moral right to use democracy to destroy freedom. Only when the government is properly limited by the specificities of freedom does genuine freedom exist.

It therefore follows, that if the popular will of the majority, as determined by a democratic process is deemed to be the standard by which freedom is measured, then the individual has no freedom, but simply has temporary privileges, to be granted or withdrawn by the majority, as is deemed proper for their purpose. Such freedom is no more than the tyranny of an absolute monarch, a dictator, the natural proxy or proxies of a supernatural entity, or the representative or representatives of any philosophy of faith.

Genuine freedom is always in our interests. Unlimited majority rule is always destructive to our freedom.

To ensure genuine freedom in a United Ireland, it is absolutely necessary to base a new constitution upon the principles of laissez faire capitalism.

This new constitution will properly address: The false concept of moral equivalence that is the seedbed for contemporary terrorism. The role of government. The role of the individual within society. And the individual's expectations of what the role of government is.

A new flag for a United Ireland.

The Moving Forward United.

From the hoist side, this flag’s field is composed of three equal vertical areas of red, white and blue, with a crossed pair of palm branches surrounding a circle of twelve stars, placed in the centre of the flag’s field. The crossed palm branches are internationally recognised as symbols of peace. The twelve stars are directly associated with the EEC, of which, Ireland is a member. The crossed palm branches and the twelve stars are of the colour: International Orange (#FFA500).

This design is intended to convey freedom, peace and harmony.

This flag is known as: The Moving Forward United.

This is version 3.0, a consolidation and expansion of versions 1.0. and 2.0.

Preamble:

I do agree to this constitution, so that the united island of Ireland is governed by a valid and democratically elected government. Said valid and democratically elected government shall be exclusively subject to a proper understanding and implementation of laissez-faire capitalism, so that my freedom of opportunity at the going rate of profit, including my specificities of freedom, my property rights, and the private ownership and disposal of all property, for now, and for the future, is properly protected.

The Official Language:

The official language of the United Ireland for all verbal and written communication and official documentation shall be English, as specified by the Oxford English Grammar and Oxford English Dictionary.

Philosophies of faith:

1. The virtue of morals and ethics shall not, under any circumstances, be promoted by the legislative power of the Assembly, the ruling and ratification of the Judiciary, or have the protection given to the specificities of freedom when such virtue is mitigated with respect to a supernatural entity, a natural proxy of a supernatural entity, or by any reference to a philosophy of faith.

2. No natural proxy of a supernatural entity, representative or representatives of a philosophy of faith shall be permitted to hold office in the Assembly or the Judiciary. Nor shall they be permitted to hold an office of authority in the police force or the armed forces.

3. Any natural proxy of a supernatural entity, representative or representatives of a philosophy of faith shall be considered terrorists or subversives, should they engage in activity which is, by proper and speedy Judicial process, deemed to be detrimental to the proper functioning of lassie-faire capitalism, which this constitution is centred upon.

The Assembly, Assembly President and Vice-President:

All legislative powers herein granted shall be vested in an Assembly of Assembly Members.

1. Assembly Members shall be chosen every six years by the electorate of the designated electoral areas. An individual may offer his candidacy to be an Assembly Member when that individual is not less than thirty years of age, and has been a registered citizen for not less than five years. In addition, any such individual shall have a recognised competency in the law, the philosophy of laissez faire capitalism, and the proper objective application of metaphysics, epistemology, and the subsequent ethics.

2. Each designated electoral area, can elect only one Assembly Member. And that Assembly Member shall have only one vote.

3. When vacancies occur in the Assembly, from any designated electoral area/s an election to fill such vacancies will be called at the earliest opportunity.

4. The Assembly Members shall choose their speaker and other officers. The Assembly Members shall also choose, upon at least a seventy-five percent agreement, an Assembly President, and the Assembly shall have the sole power of impeachment. The Assembly President shall have sole power to choose his Vice-president. The term of the Assembly and its President shall run concurrently.

5.The President of the Assembly shall have no vote, unless that vote is required to resolve a deadlock.

6. The Assembly Members shall have the sole power to try all impeachments. When the Assembly President is tried, the Chief Justice shall preside: And no Assembly President shall be convicted without at least a seventy-five percent concurrence by the Assembly Members.

7. Judgment in cases of impeachment shall not extend further than the removal from office and disqualification to hold and enjoy any office of government under the United Ireland. But the individual convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law.

8. Elections for Assembly Members, except for extraordinary circumstances, shall take place at the end of a full six year term. The Assembly shall assemble on five days per week.

9. The Assembly Members shall receive a compensation for their services, to be ascertained by law and paid out of the treasury. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of the Assembly, and in going to and returning from the same; and for any speech or debate therein shall not be questioned in any other place.

9. The Assembly shall have power to lay and collect taxes sufficient for the purpose of protecting the specificities of freedom by way of the law, the police force and the armed forces. The Assembly shall have no tax raising powers to enable the government to act in conflict with that which is properly conducted by way of private business. Nor will the assembly be empowered to borrow money on the credit of the United Ireland

10. The Assembly shall have power to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United Ireland.

11. The Assembly shall have no power to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.

12. The Assembly shall have power to provide for the punishment of counterfeiting or debasing money, and will have the same power of punishment in respect of debasement of weights and measures.

13. The Assembly shall have power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. That is: patents and copyrights.

14. The Assembly shall have power to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations.

(a). The Assembly shall have power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.

(b). The Assembly shall have power to raise and properly support a full time and professional armed forces.

(c). The Assembly shall have the power to engage Private Military Contractors to train and support foreign interventions, manned by reeducated--in the essentials of laissez-faire capitalism--and properly equipped foreign refugees, to restore proper order and governance in foreign and failed states which represent a threat to national security, free trade, and where humanitarian distress is unwarranted by any rational judgment.

(d). The Assembly shall have power to make rules for the government and regulation of the armed forces.

(e). The Assembly shall have power to provide for calling forth the armed forces to execute the laws of the United Ireland, suppress insurrections and repel invasions.

(f). The Assembly shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United Ireland, or in any department or officer thereof.

15. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

16. No title of nobility shall be granted by the Assembly of the United Ireland: and no person holding any office of profit or trust, shall accept of any present, payment, office, or title, of any kind whatever, from any representative of a foreign state.

17. No designated electoral area shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money;or emit bills of credit; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

No designated electoral area shall have the power to lay or collect taxes.

No designated electoral area shall keep an independent armed force, or enter into any agreement or compact with another state, or with a foreign power, or engage in war.

18. The Assembly shall not, under any circumstances, have the power to implement a capital reserve to augment, in any way, the capital reserves of the private banking system or capital markets, nor shall the proper use of a metallic standard such as Gold, or suitable alternative, be undermined by fiat-money.

The President:

No person except a natural born citizen, or a citizen of the United Ireland, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been ten years a resident within the United Ireland.

In case of the removal of the President from office, death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Assembly may by law provide for the case of removal, death, resignation or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

The President shall, at stated times, receive for services rendered, a compensation, which shall neither be increased nor diminished during the period for which he or she shall have been elected, and he/she shall not receive within that period any other compensation from the United Ireland.

Before he or she enter on the execution of his office, he/she shall declare the following:

"I do agree that I will faithfully execute the office of President of the United Ireland, and will to the best of my ability, preserve, protect and defend this Constitution of the United Ireland."

The President shall be commander in chief of the armed forces of the United Ireland, and shall have power to grant reprieves and pardons for offenses against the United Ireland, except in cases of impeachment.

The President shall have power, by and with the advice and consent of the Assembly, to make treaties, provided seventy-five percent of the Assembly Members present concur; and he/she shall nominate, and by and with the advice and consent of the Assembly, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United Ireland, whose appointments are not herein otherwise provided for, and which shall be established by law: But the Assembly 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 President shall have power to fill up all vacancies that may happen during the recess of the Assembly, by granting commissions which shall expire at the end of their next session.

The President shall from time to time give to the Assembly information of the state of the United Ireland, and recommend to their consideration such measures as judged necessary and expedient. The President shall receive ambassadors and other public ministers; he/she shall take care that the laws be faithfully executed, and shall commission all the officers of the United Ireland.

The President, Vice-President and all civil officers of the United Ireland, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

The Judiciary:

The judicial power of the United Ireland, shall be vested in one Supreme Court and a proper number of lesser courts. The judges, both of the supreme and lesser courts, shall hold their offices during good behaviour and shall receive for their services a compensation which shall not be diminished during their continuance in office.

The judges, both of the supreme and lesser courts, shall have a recognised competency in the Law, the philosophy of laissez faire capitalism, and the proper objective application of metaphysics, epistemology and the subsequent ethics.

The judges, both of the supreme and lesser courts, shall not, under any circumstances, be influenced in their judgments by any considerations of the ethics associated with philosophies of faith.

The judges, of the supreme court, in conjunction with appropriate and independent consultants of a recognised competency in their fields of expertise will act as a revising body for laws and regulations proposed by the Assembly.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. 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 Assembly shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held at such place or places as the Assembly may by law have directed.

Treason against the United Ireland, shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Assembly shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attained.

The specificities of Freedom.

This specificities of Freedom shall not be interfered with in time of war or in times of emergency, real or perceived, since to do so would erode or destroy the purpose of their protection.

1. The Assembly shall propose no law respecting an establishment of a philosophy of faith, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances, so long as none of these are pursued through the use of physical force or psychological duress, and do not violate the rights of private property owners.

2. The Assembly shall propose no law prohibiting the right of the individual to keep and bear weapons for the purpose of self-defense.

3. No soldier shall in time of peace or war be quartered on any private property without the consent of the owner.

4. The right of the individual to be secure in their person, home, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the individual or individuals or things to be seized.

5.No Individual 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 armed forces, when in actual service in time of war or danger to the state; nor shall he 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 others' use without just compensation.

6. In all criminal prosecutions, the accused shall enjoy the right to a speedy and open trial, by an impartial jury of the state and 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 them; to have compulsory process for obtaining witnesses in their favour, and to have the assistance of counsel for their defence.

7. In suits at common law, where the value in controversy is not deemed petty, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United Ireland, than according to the law.

8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the individual.

10. The powers not delegated to the United Ireland by this Constitution, are reserved by the individual.

11. The judicial power of the United Ireland shall not be construed to extend to any suit in law or equity, commenced or prosecuted against the United Ireland by individuals of any foreign state.

12. The right to vote shall not be denied or abridged on account of race, or color.

13. The right to vote, of anyone who is 18 years of age or older, shall not be denied or abridged.