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The constitution of Oceania
THE CONSTITUTION OF OCEANIA
Draft 0.83
by Eric Klien
Copyright 1993, 1994. All rights reserved.
Special thanks to Lee Crocker for his suggestions.
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WE, THE FOUNDERS of Oceania, do not believe in the initiation of force or
fraud by the government or others. Like the peaceful dolphin, we believe
such actions should only be used in defense. We disagree with governments
that imitate the shark, using force and fraud to extract wealth and labor
from their citizens.
Oceania is founded on the principle that the only true and proper function
of government is to protect its citizens from force and fraud. This
government is to be strictly limited to providing that protection.
This constitution is the result of the collaboration of many who have seen
the deterioration or destruction of societies based on other constitutions.
The U.S. constitution in particular, while an inspired document, has shown
itself to be vague enough to allow its government to pass laws clearly at
odds with the spirit of liberty in which that once-free nation was founded.
It is for this reason that the document here is painfully specific about
exactly what powers belong to whom. All of the powers listed here are
usurped by present governments somewhere on Earth.
Even at this level of detail, it is impossible for any document to fully
account for all conditions that may arise in future. The natural progress
of all governments is to gain more power as time progresses. It Must be
made clear that under no circumstance is the government created under this
constitution ever to assume any power or authority not explicitly granted
here. We hope that whenever crises arrive in the future, the people of
Oceania will have as much imagination in finding peaceful solutions as
historical governments have had in finding despotic ones.
There has been considerable debate over all issues here, in particular the
perceived need for a tax-funded defense force. We believe that we have
found solutions to these issues consistent with the spirit of freedom.
Oceania will set an example we hope the rest of the world will follow.
Definitions
Words capitalized throughout this constitution are to be interpreted
exactly as defined here. The remaining text of this document should be
interpreted strictly and exactly as written in common English language
usage at the time of its adoption. Conflicts may be resolved by Webster's
Third International Unabridged Dictionary of the English Language.
To make it clear that we include all persons who love liberty, regardless
of sex, race, or beliefs, the pronouns in this document are gender-neutral
ones formed by removing the initial th from the plural pronouns. That is,
ey means he/she, eir means his/her, em means him/her, and similarly for
eirs and emself. It is recommended that ey be pronounced to rhyme with
he/she.
Shall , Must and Will indicate legal compulsion. Should indicates
suggestion. May indicates permission. Including always means "including but
not necessarily limited to". Recommendations do not have the force of law.
Commentary on certain parts of the constitution will appear in
boxes like this. These notes help to clarify the intent of the
authors or the reasoning behind some of the decisions made here.
These commentaries bear the full force of law.
Oceania is the name of our peaceful country.
A Person is any born human being of either sex, and of any race, origin, or
beliefs who is currently on territory in Oceania or was on such territory
until abducted in violation of Oceanian law. Other beings may be granted
the status of Person by law as necessary. The point of birth is defined as
that point at which the organism becomes detached from its mother's
biological systems and can function independently of that system.
An Entity is any corporation, club, foundation, charity, or other type of
organization, formed for any purpose, that is operating in Oceania.
Business is a synonym for Entity.
An Oceanian is a Person or Entity other than the Government.
A Right is a freedom guaranteed to every Oceanian. These include Life,
Liberty, Property, and Privacy. Rights extend not only to Persons, but also
to Entities. All rights of Entities are derived from personal rights,
therefore Entities can have no rights that Persons do not also have.
Rights are absolute and may not be restricted or regulated by
taxes or licensing. A Right DOES NOT imply an obligation on
anyone else's part to provide the means to exercise that Right.
An Oceanian may voluntarily waive some of eir Rights by Contract.
The Government of Oceania waives all Rights except those
explicitly granted to it in this Constitution.
An Entitlement is a positive obligation on one Oceanian to provide
something for another, or a Right that interferes with someone else's
Rights.
Prisoners are prevented from exercising some of their Rights,
such as the Right to Travel, while they are imprisoned or exiled.
Because this restricts the prisoner's ability to provide for
emself, ey is Entitled to food, shelter, and basic medical care.
When a prisoner is released, ALL of eir Rights are restored
intact and eir Entitlements are removed. This includes the Rights
to travel, vote, speak, own Weaponry, assemble, etc.
Children have some limitations on their Rights such as the Right
to Self-Defense, and have some additional Entitlements, such as
food, shelter, medical care, and education.
A Privilege is an action that can only be done with a License from the
Government.
A License is the granting of a Privilege by the Government to an Oceanian.
Oceanians do NOT need Licenses for anything that is a Right. A Permit is a
synonym for this word.
Life is the biological state of animation. Persons who are unconscious, in
cryonic suspension, or otherwise supported by technology are still
considered alive and have all the Rights of conscious Persons.
As technology advances, it is expected that precise definitions
of Life and Death will be set by law.
Liberty is a condition that exists when Persons have control over their
individual lives and Property and where all Rights are protected. Liberty
also applies to Entities.
Property is the material and intellectual belongings of an Oceanian.
Material belongings include Land, Contracts, and personal effects.
Intellectual belongings include patents and copyrights.
Privacy is the expectation of a Person not to be subject to public scrutiny
of eir personal affairs.
Weapons are technological devices used for defense. These include, but are
not limited to, firearms, artillery, booby traps, mines, mace, tear gas,
and any such devices that may be invented in the future.
A Child is a born human of age less than sixteen years old. Children are a
special case in many laws that otherwise apply to all Persons. This age was
chosen by studying the traditions of ancient cultures.
A Teen is a human at least sixteen years of age, and younger than eighteen.
An Adult is a human eighteen years of age or older. A Person may be
declared a Child, Teen, or Adult by a Court.
A Parent is a Teen or Adult who has assumed responsibility for the care of
a Child. This may or may not be the Child's biological Parents. A Child
does not have the Right to be classified as a Parent.
A Spouse is one of two or more Oceanians who have signed a Marriage
Contract with each other.
The Nearest Relative of an Oceanian may be defined by law.
A Contract is a binding agreement to which there is evidence of between two
or more Oceanians, written or oral.
An Implied Contract is a Contract inferred by a Person's words or actions.
For example, claims in advertisements and labeling are considered an
Implied Contract between the seller and the customer.
Force is a physical act by one or more Oceanians that is destructive to the
Rights of others. The threat to execute such an act also constitutes Force.
Fraud is the intentional deceit of another Oceanian to induce em to part
with Property or to surrender a Right. This includes the willful use of
another's name or trademark to do business.
The Free Market is a voluntary exchange between two or more parties of
goods and services.
A Voter is a Person allowed to vote in Oceania.
A Permanent Oceanian is a Person who has lived a total of twelve months in
Oceania, or an Oceanian under the age of twelve months.
The Government (under this Constitution) is a restricted Entity that
protects Oceanians against external and internal Force and Fraud. Unlike
other Entities, the Government has had most of its Rights restricted by
laws and regulations.
Treason is defined as the act of an Oceanian waging war upon the territory
and people of Oceania or giving military aid to its declared enemies.
Giving food, medical care, or other humanitarian aid to anyone cannot be
Treason (but could be physically hazardous during warfare). Election Fraud
and defrauding of the people by Government agencies are also defined as
Treason. Violating any of the restrictions of Article Four, National
Security, is also declared to be Treason.
The Constitution is this document. It enumerates the Government's powers,
and places limits upon those powers. It defines the structure of the
Government, and defines the Rights of people it serves.
Land is an area composed of dirt, concrete, steel, or other substances that
people are able to live on for extended periods of time.
Land Owner is a Person who owns at least one square meter of land.
A Housing Development is a voluntary private association of Land Owners and
residents formed for the purpose of maintaining the infrastructure of a
parcel of Land. A Housing Development may not contain more than 5,000
Persons, and can contain as few as one.
The reason the size of a Housing Development is limited by law is
that they are allowed to take on many of the traditional
functions of Government . Of course, a Housing Development is not
bound by the restrictions that Government agencies normally must
follow such as not discriminating against others. See Article
Seven, Housing Developments, for more details.
A Locality is a Government level that does not encompass more than 100
square kilometers.
A County is a Government level that does not encompass more than 10,000
square kilometers.
A City is a grouping of population with a geographical border. A City MAY
NOT possess a Governmental structure. It may have one mayor to act as its
ambassador for ceremonial purposes.
A Court is a forum in which Oceanians resolve conflicts, establish
liability for wrongdoing, and assign penalties for such liability.
ARTICLE ONE
A Partial Listing of Rights
This article requires a 95% vote to remove a Right or add an Entitlement,
and a 66% vote to add a Right or remove an Entitlement.
Powers not specifically delegated to the Government are reserved to
Oceanians. The enumeration of certain Rights in this Constitution shall not
be construed to deny or disparage others retained by Oceanians. No other
power is granted to the Government, and no powers unspecified, either
herein, or later amended, are considered de facto powers of the Government.
This article shall be binding on all subordinate organized Government
agencies within territories in Oceania.
No Entitlements not listed here are implicitly granted to the people. In
particular, no persons (except Children) have an entitlement to receive
food, housing, health care, education, or clothing.
1.Life
A.The Right to Life: A Person has the Right not to be killed or harmed by
others. While a Person is in a coma or is otherwise unconscious, all of
eir money will be used to keep em alive unless ey has signed explicit
instructions to the contrary. When the money runs out, the hospital in
charge of the patient has the Right to turn off the life support. The
patient's family or any other Person or Entity may provide additional
money for life support.
The Court of Oceania may not repress this Right except to stop someone
from escaping arrest.
B.The Right to Self-Defense: An Oceanian may injure or kill in defense of
emself or eir Property. This includes the Right to defend other Persons
or their Property. This includes the Right to defend yourself against
the Government if it becomes corrupt and stops honoring this
Constitutition.
An Oceanian (except a Child) has the Right to keep and bear Weaponry,
concealed and non-concealed. This Right extends to all Weaponry with the
exception of Weapons of mass destruction as detailed in Article Four,
National Security. Supplies for Weaponry, such as bullets, are included
in this Right. Of course, minor weapons such as shiriken, water pistols
(realistic and not), knives (long and short), brass knuckles, swords,
and nunchaku are included in this right. A society that has banned such
minor weapons is a society very close to banning all means of defense
from innocent people living within it.
If a child uses a weapon in self-defense, it is recommended that
the jury acquit em for the use of the weapon.
This includes the Right to set booby traps on eir Property. Of
course such Property Must include warnings, if the booby trap can
cause physical harm, that the Property is booby trapped and
therefore trespassing could be dangerous. A Property that is hard
to casually stroll onto, such as one surrounded with barbed wire
or an electrified fence may not need such a warning at jury
discretion.
The Right to Life implies the Right to protect and defend that
Life with whatever means are necessary. The Government may not
grant or take away Licenses for the Right to own or use Weaponry.
Owners of private Property may refuse to allow weapons on their
Property. Renters Must follow the Weaponry rules set within the
parameters given by the Owners. This includes renters, such as
the Government renting a courtroom.
C.The Right to Self-Sovereignty: A Person has the Right to determine what
ey wishes to put into eir body or wear on eir body; how to use, decorate
or modify eir body; and when ey will die. This includes the Right to
control the medical care ey receives. The Government may not under any
circumstances require a Person to modify eir body by sterilization,
tattooing, piercing, or any other method. The Government may not require
a Person to take drugs against eir will or wear uniforms or other
clothing.
This Right continues after death. A Person has the Right to specify in
eir will what can and cannot be done with eir body. The Government may
not perform autopsies without the prior consent of the deceased, even
for criminal investigations. In the absence of an explicit will, no
family or other Entity can grant such permission.
Persons have the Right to ingest any food or drugs they wish. The
Government may not grant or take away Licenses for the Right of
Persons to ingest food or drugs. The Government may not require
physicians to hold a License to dispense drugs, dietary
supplements., or any substance or device deemed by the physician
to be of potential benefit for the patient.
Persons have the Right to determine whether or not they wish to
wear seat belts, helmets, or other safety devices. Owners of
private roads may require that such devices be used on their
roads. Medical insurance companies may make the use of such
devices a requirement of coverage.
Property owners may develop their own clothing standards. Those
who are offended by certain styles of dress (such as nudity) on
public or neighboring Land Must use private means such as deed
restrictions, covenants, or physical barriers to protect
themselves from such freedoms.
Persons have the Right to end their own lives and to request help
when they do so. Prisoners also have this Right. A Person who
undergoes cryonic suspension while legally alive is not
considered to have ended eir Life, and therefore continues to
hold eir Right to Life.
Adults have the Right to engage in any form of sexual activity
with any Adult who consents with the exception of incest when one
or more of the parties involved is under the age of 21. Payment
may be made by one or more of the parties engaging in sex. All
Persons have the Right to seek personal use of all birth control
methods. Of course, the Government may not fund any birth control
methods, including abortion.
Oceanians have the Right to engage in dangerous activities
including, but not limited to, boxing, bungee jumping, dueling,
skydiving, and using fireworks. They do not have the Right to
injure others when doing these activities unless the Person
injured has signed an explicit Contract allowing it, as in boxing
or dueling. Anyone who entices another into performing a
dangerous act by misrepresenting it as safe has committed Fraud
and is responsible for any damages caused. Children may be
forbidden by their Parents from these activities, as well as
activities considered harmful to Children such as using drugs,
playing video games or using spray paint,, but not by any
Government agency or law.
D.The Right to Free Speech: An Oceanian has the Right to speak or publish
without interference from the Government. This Right is granted to all
media including television, radio, cable, paper and electronic media and
is extended to all advertisements and entertainment as well as editorial
speech. There are no exceptions for obscenity, sedition, or other
controversial speech. A speaker who directly incites illegal activity or
causes damage to Property or persons may be held responsible as an
accessory to such activity.
An example of this would be yelling fire in a theater and
inciting a riot. Consequently, you could be prosecuted for
causing injury to people who try to hurriedly escape because of
your false statement or any property they damage in their attempt
to escape.
This Right does not allow a broadcaster to broadcast a signal that
interferes with an Oceanian who owns a frequency band. Frequency bands
are considered Property. Such bands are given away in a lottery at the
time Oceania is formed according to Oceania law. All Land Owners will be
able to participate in this lottery.
The Government may not grant or take away Licenses for the Right
to broadcast or otherwise distribute information. Nor may the
Government compel a broadcaster or other medium to distribute
particular information including issues of "public importance" or
require that the broadcaster offer a reasonable opportunity for
the presentation of contrasting viewpoints.
The Right to Free Speech includes the Right not to speak. The
Government may not require the press to reveal its sources under
any conditions, even in times of war or Treason, nor may anyone
be compelled to testify in Court or reveal any information ey
wishes to keep secret.
Oceanians may voluntarily waive their Right to Free Speech by
Contract. For example, the Court of Oceania requires its
subscribers to allow themselves to be subpoenaed as witnesses.
Employers may require non-disclosure agreements as a condition of
employment.
Actions of Fraud in the media such as libel may be prosecuted in
Court by Oceanians. Slander and libel consist only of knowingly
publishing falsehoods as fact with intent to harm. True
statements and statements presented as opinion or satire are
immune from prosecution. And if Oceanians don't want to watch
pornography or the KKK channel, they can just turn the dial.
E.The Right to Work: A Person and a Business have the Right to agree to a
Contract of employment. A Business may not be Forced to agree to a union
Contract, unless stipulated by former Contract. A Person may not be
Forced to join a union, unless that Person has a prior Contract
voluntarily waiving this Right.
The Right to Life implies the Right to the ordinary means of
sustaining Life, i.e., work. The Government cannot require
Licenses to work. This means that even doctors, lawyers, and
computer programmers do not need Licenses. Of course, private
Entities can License doctors, lawyers, and other professionals.
We believe that private Entities would do a better job than
Government agencies. Oceanians have the Right to use unlicensed
professionals as they see fit.
F.The Right to Religion: An Oceanian has the Right to practice or not
practice any religion that ey chooses.
Particularly abhorred is the war on religion practiced by most
countries on Earth. The Government of Oceania will never storm a
church with tanks and grenades because it is unpopular. The
Government of Oceania may not fund art, media, education, or any
other means of promoting any particular religion; nor may it
interfere with the Right of any broadcaster to provide religious
programming or the Right of Parents and schools to provide
religious education. Of course, the Government may not mint money
that says "In God we trust" or require oaths to God.
No additional Rights, Entitlements, or Privileges are to be
granted based upon freedom of religion. If a religion requires
that you rob banks, robbing banks will still be a prosecutable
offense for members of that religion. Freedom of religion does
not confer the freedom to violate the Rights of others.
2. Liberty
A.The Right to Liberty: An Oceanian has the Right to determine for emself
how and where ey will live, work, and play. Neither slavery nor
involuntary servitude, not even as punishment for a crime whereof the
party shall have been duly convicted, shall exist in Oceania or in any
territory subject to its jurisdiction.
Slavery includes the military draft, national service, forcing
people to help others in emergency situations such as a heart
attack, forced jury duty, and witness subpoenas, except where a
Person has voluntarily agreed to make emself subject to them. The
defense of a peaceful nation should not require the enslavement
of young people to be sacrificed at the Government's whim.
One exception to the Right to Liberty is a crime victim's
Entitlement to Justice. An Oceanian accused of a crime can be
subpoenaed by a grand jury to appear at the Court of Oceania.
Because this is such a dangerous power, many protections are
given to the accused as detailed in Article Two.
Mental illness is not a crime. No Adult may be imprisoned for
mental illness if ey has committed no crime.
The reason that someone in jail may not be forced to work is that
a significant percentage of People imprisoned are innocent of the
crime that were convicted of. Therefore making them work and then
profiting off of their imprisonment will just encourage others to
frame and convict even more innocents.
B.The Right to Travel: An Oceanian may travel from point A to point B
provided the traveler has the property owner's permission to enter eir
property.
In addition to this Right, Land in Oceania Must contain eight-meter wide
and eight meter high easements in a grid format of squares with eight
kilometer sides on which there is an Entitlement to travel. This
Entitlement means that no permission is needed from anyone to use the
easement for traveling. The grid is determined by the initial owners of
Land incorporated into Oceania. Land Owners bordering easements may pay
for or authorize maintenance of easements.
No charge may be made for traveling in these easements. Since no profit
can be made from the easements, it is expected that they will not be
used as main roads. Instead they will be used to help people who have
been denied access to private roads. Easements are not required on
islands less than eight kilometers across. These easements are not for
camping, sleeping, or loitering_only for traveling.
On floating structures, it will be the duty of neighboring Land Owners
to make sure that these easements are not allowed to fall into such
disrepair that the floating structure is endangered in any way. The Land
Owners will be responsible according to the percentage of the easement
touching their Land, i.e., total cost of maintenance will be divided
according to the percentage of the easement touching the Land in
question.
The Government may not grant or take away Licenses for the Right
to Travel, whether on foot, by car, by plane, or by any other
means. Owners of private roads may require Licenses to use their
roads. Owners of airspace may require Licenses for pilots flying
over their airspace.
The Right to Life overrules the Right to Travel. Therefore Persons with
highly infectious diseases may not Travel. For a disease to be
considered highly infectious takes an 80% vote in a referendum. It takes
a majority vote to remove a disease from the infectious list.
Quarantines may be placed on people who have highly infectious diseases.
Oceanians under quarantine do have the Right to travel to countries who
will accept them. To be quarantined requires that a jury declare a
Person infected and order them to be quarantined.
Of course, even without a public quarantine declared by
referendum, any person may enforce their own private quarantine.
For example, they could prohibit someone with a disease from
entering their Business or home.
C.The Right to Assemble: Oceanians have the Right to freely assemble
together either physically on Land or by means of a communication
medium. Note that the Government is not allowed to own Land or control
media.
D.The Right to Associate and Discriminate: An Oceanian has the Right to
choose with whom ey will associate or do Business, and whom ey will not.
The Government does not have this Right. The Government may not ask
Persons about their race, creed, gender, sexual preference, handicap,
age, or anything else not related to job qualifications. Of course, this
also prevents the Government from practicing reverse discrimination.
This Right includes the Right to associate with those of
unpopular views, and to discriminate against anyone for any
reason, including race, creed, gender, sexual preference,
attractiveness, weight, height, handicap, age, hair style, dress,
jewelry, veteran status, pet ownership, language(s) spoken,
national origin, marital status, medical condition, Parenthood,
whether they are pregnant or not or any other reason. This also
includes the Right to discriminate against someone because they
have discriminated against another Oceanian.
E.The Right to Knowledge: An Oceanian has the Right to make use of
whatever knowledge ey has.
The one exception to the Right to Knowledge is the Entitlement to
Intellectual Property. Because this is a powerful Entitlement, many
restrictions are placed on it as detailed in Section Three of this
article.
This Right includes engaging in insider stock trading. Of course,
a company's bylaws are allowed to prohibit such an action. A
buyer can find out if the bylaws allow or do not allow insider
trading. Stock exchanges can decide whether or not they wish to
allow trading of such stocks.
This Right includes using illegally obtained evidence in Court.
Of course, the one who obtained the evidence is still responsible
for eir illegal act.
Blackmail, i.e., extorting money or other valuables from someone
by threatening to make true statements about em, is a legal
exercise of the Right to Knowledge. Of course, encouraging em to
commit crimes makes one an accessory to such crimes, and
threatening physical harm constitutes assault.
F.The Right to Listen: An Oceanian has the Right to listen, view, or
otherwise receive broadcasts from television, radio, and the rest of the
electromagnetic spectrum, including cellular phone conversations, police
and military radio traffic, and any other signal broadcast through eir
body or Property.
This does not include the power to violate another's Right to Property
by spying on em with bugging devices, such as shining a laser on a
window and listening to conversations by decoding the modulated
reflected beam. Such spying may be prosecuted as a trespass, because it
involves physically entering the other person's Property or putting
something on eir Property.
Of course, a communication provider can build encryption device,
algorithms or techniques into the units it manufacturers or buys,
or sells, and the communication services it provides. Most
importantly, the Government is not permitted to require that any
encryption devices, algorithms or techniques be made non-secure
in any way.
3.Property
A.The Right to Property: An Oceanian has the Right to own Property and to
not have eir Property taken from em by Force or Fraud.
A Person's body and the fruits of eir labor are eir Property. No one may
claim another's work as eir own by taxation, civil forfeiture, eminent
domain, or other forms of theft. An Oceanian may sell or rent parts of
eir body. This includes becoming a surrogate mother, prostitute, or
subject of medical experiments.
In the absence of an explicit will, it will be assumed that the deceased
does not wish to sell or give away eir body parts.
Water is considered Property. As is the case with all property,
it may not be taken by any persons, entities, or Government,
without the owner's consent. The practice of taking away water
rights for "lack of use" or for "improper" use is forbidden.
Not only is it against our Constitution for a thief or looting
mob to take money from an Oceanian but the same holds true for
our Government. Therefore all forms of taxation are against our
Constitution. The only way the Government may extract money from
Oceanians is by accepting voluntary donations. The Government may
not use Force or Fraud in collecting donations. Claiming that any
such donations are mandatory is, of course, Fraud.
The Government may not charge a rental fee to people who "own"
Property. By charging a rental fee, Governments turn Land Owners
into Land leasers. In these corrupt countries, once the Land
"owner" stops eir lease payments eir Land is taken from em.
The Government may not enact zoning laws since they take away the
Right of a Oceanian to do with eir Property as ey pleases.
Likewise, the Government may not enact building codes. Of course,
if an unsafe structure damages others' Property or injures or
kills someone, then the owner of the structure would be liable
for the damages and deaths caused. Oceanians who believe that
such Property may injure them may sue the owner of the Property
before they are actually injured. Rent control by the Government
is illegal as it is a form of Property theft
As explained in Article Seven, Housing Developments may enact
zoning laws, building codes, and rent control.
The Property owner has the Right to control access to and use of
eir Property, and set any conditions on access or use. This
includes excluding people based on their clothing or appearance.
Of course, warnings Must be placed around unusually dangerous
Property such as mined Property.
No soldier, Government official, or other Person shall, in time
of peace or war, be quartered in any house without the consent of
the owner.
Property shall not be taken for public use without consent of the
owner. The Government may not choose a "fair" price for the
Property and then just "buy" it from the owner without eir
consent.
Property found more than two years after it is lost is considered
the Property of the finder.
B.The Right to Own and Operate a Business: An Oceanian has the Right to
run a Business, for profit or not for profit, and for any purpose.
The Government may not grant or take away Licenses for the Right
to Own and Operate A Business. A Business may hire and fire
employees without explanation. It may permanently fire an entire
union. It may refuse to rehire former union employees. Of course,
any voluntary Contracts made between the union or individual
employees and the Business Must be honored.
Sexual harassment between employee and employer may be defined in
a Contract between the two parties.
It is legal to own a "monopoly". Most governments' definition of
a monopoly is a successful Business. It is legal to "dump" goods
at below "fair" market value and to engage in "predatory"
pricing. Cartels are also legal as long as they don't use Force
and Fraud to keep members in the cartel.
It is legal for a Business to sign a Contract with an employee
that takes away eir Rights with respect to such Business for the
duration of the Contract. The same applies to a Contract that
takes away the Rights of the employer. No Contract can take away
the Rights of Oceanians who are not party to the contract,
including Children of signatories to the Contract
A Business may not be Forced by the Government to offer a minimum wage,
family leave benefits, medical insurance, disability benefits,
unemployment insurance, or workers' compensation, or any other benefit
that robs the employer of eir Right to control eir own Property.
Mandatory disability benefits for transvestites, pedophiles,
pyromaniacs, kleptomaniacs, drug addicts, and compulsive gamblers are
obviously forbidden.
C.The Right to Negotiate Contracts: Two or more Oceanians may negotiate a
Contract for goods or services without Government interference.
Government agencies do not have this right and may only negotiate
contracts that do not violate restrictions given to them by the laws of
Oceania.
Marriage is a private Contract between consenting Persons, and as such,
the Government may take no part in it other than enforcing the terms
agreed upon by the participants. All Contracts for sexual behavior,
cohabitation, reproduction, survivorship benefits, or other aspects of
marriage, for money or otherwise, are legal and enforceable.
D.The Right to Free Enterprise: An Oceanian has the Right to buy and sell
anything without Government interference. The only exceptions to this
Right are listed in Article Two (restricted private Entities for
patents, etc.) and Article Four (Weapons, drugs, etc.).
The Government may not grant or take away Licenses for the Right
to Free Enterprise. For example, it could not grant or take away
Licenses for the Right to buy and sell alcohol.
There can be no "blue sky" laws, no usury laws, and no laws
setting margin requirements on the purchase and sale of
securities. There can be no restrictions on branch banking and no
restrictions on the interest paid on deposits. Bearer bonds and
certificates are legal. Pyramid plans are legal as long as fraud
is not used to promote them.
Laws cannot restrict the advertising of prices, products, or
services. This includes the services of doctors, dentists and
lawyers, and products such as alcohol and tobacco.
Scalping of tickets or of any other products, selling drugs
within the bounds of Oceania, prostitution, and all forms of
gambling are legal.
In order to solve the problem of deaths that occur each year due
to the lack of available body parts, it is legal to buy and sell
body parts.
In order to solve the problem of Children being abused by Parents
who do not want them, it is legal for such Parents to charge
monies to Persons who do want them for the Right to become their
new Parents. Of course, such Children retain all Rights and
Entitlements normally possessed by Children, notably the Parental
responsibility to be cared for, and are not to be sold as
laborers.
E.The Right to Free Trade: An Oceanian has the Right to import and export
without Government interference. This means that it is illegal for the
Government to put tariffs, quotas, or taxes on imported goods. If
another country puts such tariffs, quotas, taxes, or other restrictions
on Oceania's exports, the Government of Oceania may not retaliate in any
way.
Oceania will set an example for the rest of the world by showing
what "free trade" really means.
F.The Entitlement to Intellectual Property: An Oceanian is Entitled to
receive patents and copyrights on eir creative works. If two or more
Oceanians make the same discovery independently, both shall be granted
patents even when the discoveries are not made simultaneously. Burden of
proof of independence of development shall rest upon the party making
the later application.
Intellectual Property is an Entitlement because it interferes with the
Right to Knowledge. Because of this, many restrictions are placed on
this Entitlement, and it is expected that juries will favor the Right to
Knowledge in close decisions.
No patent or copyright may last for more than ten years from the date of
first application. In the case of simultaneous patents or copyrights,
all expire when the earliest one does. Foreign patents and copyrights
will be recognized for ten years from the date they were first
introduced into Oceania. After that date, such patents and copyrights
may not be ignored when products based on them are exported out of
Oceania. Trademarks are recognized as long as they are being actively
used. A creation that is shown to have existed before the date of
invention claimed in the first application is in the public domain, and
may not be patented or copyrighted. Any work explicitly placed in the
public domain may not subsequently be patented or copyrighted by others.
Reverse Engineering is making a copy of something by looking at what it
does, not at its blueprints. Reverse engineering is legal in Oceania. In
particular, computer chips and software may be reverse engineered. "Look
and feel" of computer programs cannot be copyrighted. Computer code,
algorithms, processes, and other intangible creations cannot be
patented. Created animals can be patented with the exception of Persons.
"Fair use" of copyrighted works for the sake of education, comment,
criticism, parody, comparison, etc., is allowed.
The copyrights on this Constitution and Laws will automatically expire
on the day the first person moves to Oceania.
G.The Right to Set Contract Length: There will be no laws against setting
Contracts in perpetuity. The Government of Oceania does not have this
Right. The Government of Oceania may not participate in a Contract
lasting longer than ten years.
H.The Entitlement to Bankruptcy: The people may provide by law the
protection of Bankruptcy upon those who cannot meet their debts.
Whatever bankruptcy laws exist at the time a debt is incurred remain in
effect for that debt until it is paid, regardless of future laws to the
contrary.
4.Privacy
A.The Right to Privacy: An Oceanian has the Right to be secure in eir
person, house, papers, and effects, against all search and seizure,
without a warrant issued by a grand jury of the Court of Oceania.
Like the Right to Liberty, this Right is also subordinate to a crime
victim's Entitlement to Justice, and similar protections are granted to
the accused.
Warrants shall be issued upon probable cause, supported by open
affirmation, describing in detail the place to be searched and the
Persons or things to be seized. Probable cause in the absence of a
warrant is insufficient for a search. Anonymous tips are insufficient
for a search. Warrants are required to intercept private communications
that are not transmitted by air, such as wiretaps or even recording
address information from written or electronic mail, or telephone
numbers.
A Person who is caught in the act of committing a crime may be detained
if the detaining officer identifies emself, and takes immediate steps to
obtain an arrest warrant.
Refusal to consent to a search without a warrant cannot be
considered probable cause. All searches, seizures or arrests done
without a warrant are illegal. Oceanians may not be detained by
Government officials. They may be arrested as described above,
but they may not be detained without an arrest warrant or
immediate steps to obtain such a warrant. Questioning Oceanians
while using physical harm, emotional distress, intimidation, or
threat of harm when they have not been accused of a crime is a
particularly heinous violation of their Privacy.
Transmissions over the air are handled in the following manner:
1) If a broadcast is meant for the general public, then it would
be legal to intercept it and to repeat information learned from
it in a Court of law. 2) If a communication has a specific
audience, then any overheard conversations may not be used
against either party in court although the communication may be
listened to without a warrant. 3) If the communication is
encrypted, this is enough evidence to show the communication was
intended to be kept personal and confidential. Therefore, a
warrant would be needed to intercept and decrypt such a
communication.
B.The Right to Self-Identity: An Oceanian may identify emself by any name
ey wishes, so long as ey is not doing so to defraud. The Government may
not issue numbers or any other form of "official" identification to
Oceanians, nor may it require anyone to carry or present identification
at any time. An Oceanian's use of different names or refusal to give eir
name cannot be used as probable cause for a search or seizure (though it
may, of course, be used as evidence if the Person does appear in Court).
C.The Right to Financial Privacy: An Oceanian has the Right to expect all
Business transactions to be completely private when there is a
Contractual agreement to that effect. An Oceanian may not be required by
the Government to reveal eir income or any other financial information
ey wishes to keep private.
For example, all banks have the Right to guarantee complete
confidentiality to their customers. Except for subpoena by the
Court of Oceania, such banking records could never be revealed to
anyone but the owner of the account. Such a Court order may never
be generated unless there is evidence that Oceania's laws have
been broken and said laws are relevant to the individual's
banking account.
D.The Right to Encryption: An Oceanian has the Right to encrypt eir
conversations and data. Such encryption cannot be used as evidence that
the Oceanian is doing something wrong or illegal. This Right extends to
all forms of information an Oceanian deems should be secure regardless
of format, whether paper, electronic, holographic or other, and
regardless of content.
An Oceanian has the Right to use any encryption algorithms or
computer software available. The Government may not restrict free
trade in encryption software by calling it "munitions" or any
other name.
E.The Right to Secure Conversations: Oceanians have the Right to not have
their conversations tapped, recorded, or be otherwise compromised, by
persons not party to the conversation, unless permission has been
granted by at least one person who is party to the conversation. One
party to a conversation or eir agent may record a conversation without
the permission of the other party, as this is an exercise of eir Right
to Knowledge.
A communication provider may record conversations if its
subscribers have voluntarily waived their Right to Secure
Conversations by their Contract with the provider.
The conflict between the Right to Privacy and the Right to
Knowledge is resolved by declaring that any Entity securing said
recording under this right is restricted from public presentation
in any form unless express, provable permission has been
obtained. Of course, this recording may be used in Court as
admissible evidence having been properly secured by subpoena.
F.The Right to Privacy on Government Leased Property: An Oceanian does not
lose eir Privacy Rights by entering Government leased Property,
including customs checkpoints, assuming that the Government of Oceania
ever has such checkpoints. The practice of inflicting strip searches and
body cavity searches on law abiding Oceanians without a warrant is
particularly abhorred.
The practice of declaring customs checkpoints as Land not part of
the country they serve to avoid its laws is particularly
abhorred.
G.The Right to Privacy in the Workplace: Oceanians have the Right to
Privacy in the workplace with the exception of anything in their work
Contract that specifies otherwise.
5.Children
Unlike Adults, Children have many Entitlements. Every Child Must have at
least one Adult Parent to provide these Entitlements. Initial Parental
responsibility falls upon the biological Parents jointly as an implied
Contract, unless an explicit Contract exists assigning it elsewhere. This
responsibility will restart if an offspring is declared to be a Child by a
court. All marriage Contracts, sperm donor agreements, and other Contracts
assigning Parental responsibility are valid and enforceable as long as no
Child is deprived of Parental care thereby. Parental responsibility
assigned by Contract (as in adoptions) may not be arbitrarily dissolved by
a Court or other Entity. The Courts will not recognize biological
Parenthood as having any legal priority over Contractual Parenthood.
Children's Entitlements are based upon the assumption that a Child is
incapable of sustaining eir own Life without them. Any Child who feels ey
is capable of bearing full responsibility for eir own Life has the Right to
petition a Court to declare em a Teen or Adult.
Children do not have any Entitlements not listed here, or have any other
restrictions of eir Rights not listed here. In particular, Parents do not
own their Children's Property and are not responsible for their debts, nor
are Children exempt from criminal prosecution.
The people may, by referendum, remove or confer other Rights and
Entitlements upon Children. Unless otherwise noted in this Constitution, a
referendum takes a two thirds vote to pass.
A.Additional Entitlements: A Child is entitled to food, housing, clothing,
basic health care, and basic education. A Parent may provide any of
these directly, or hire others to provide them. The precise manner in
which they are provided is up to the discretion of the Parent. In
particular, the Government may not impose standards for education, and
juries are not required to judge the quality of education given a Child.
Of course, providing food or other things that actually injure a Child
may result in liability.
B.Restricted Rights. Children have most of the Rights of Adults, including
not being subject to warrant-less searches. The following Rights of
Adults are not granted to Children:
Travel: A Parent may restrict the movements of eir Child. It is
expected that a Parent will only do so to the degree necessary to
ensure the Child's safety.
Self-Sovereignty: A Child does not have the Right to end eir own Life,
or to consent to sexual activity. Any Adult who has sexual relations
with a Child has done so without the Child's consent, and is liable
for damages. Children do not have the Right to use mind altering
drugs. If their Parents give them permission to use such drugs, these
Parents may be prosecuted for Child abuse when a jury deems this
proper.
Weapons: A Child may not use Weapons, except for non-injuring uses
(sport, training, etc.) under direct Adult supervision.
Contracts: A Child may not consent to a binding Contract. Any
Contracts entered into by a Child may be dissolved by a Court at the
request of the Child or eir Parent. This includes, for example, a
Parent Contracting for the labor of eir Child.
Right to Work: Child labor laws may not be passed but a jury may
determine that Child abuse has occurred if a Child is forced to work
too many hours or under poor conditions.
C.Jury Review: A Child has the Right to sue eir Parent for failure to
provide these entitlements or for other injuries. If a Child is
incapable or unwilling to bring such a suit, any Oceanian may sue on eir
behalf. Under no circumstances shall a Child be removed from eir Parent
until that Parent is convicted in Court and ordered to relinquish
custody by a jury.
If a jury decides that a Parent has failed in these areas they
can vote to give eir Child to some Entity who will not fail. If
no Oceanian is willing to take the Child, then the Child will not
be taken. The Government will not take the Child as the
Government is not allowed to steal money for any purpose,
including the purpose of Child care.
6.Teens
Teens have all the Rights of Adults plus the Right to Terminate Contracts.
A Teen may bring a Contract to a jury, and if the jury votes unanimously
that the Contract is unreasonable, the Contract may be broken. When the
Contract is broken, no fines or penalties may be inflicted on the other
party who signed the Contract as long as no fraud or misrepresentation was
used by that party. A Teen may not terminate eir implied Contractual
responsibility for the care of eir Children.
A Teen who has sexual intercourse with a Child may be held responsible for
damages as if ey was an Adult, or may be acquitted at the jury's
discretion. Teens do not have the Entitlements of Children.
Any Teen who feels ey is capable of bearing full responsibility for eir own
Life has the Right to petition a Court to declare em an Adult.
7.Animals and Other Beings
Animals may not be given cruel and unusual mistreatment. If it is suspected
that an animal has been mistreated by a Person, then any Oceanian may bring
suit on the animal's behalf and a jury may decide the issue. A unanimous
decision is required to convict the Person.
Of course, scientific research is legal in Oceania with the
provision that the animals are not unnecessarily tortured,
maimed, or killed.
Any being whose species or type (for example, cybernetic beings) is not
recognized as a Person may individually petition a jury for individual
recognition as a Person. The jury Must believe beyond a reasonable doubt
that the being is not a Person to refuse recognition. Upon recognition of a
member of a new class of Person, a referendum will be held to refuse
recognition of the being's class as a class of Persons; the referendum
requires a 80% majority to refuse recognition. In the event of a
referendum's class refusal, individual members of the class may still apply
for individual recognition.
The ages for Child, Teen, and Adult would vary for different species as
determined by law.
ARTICLE TWO
Government Agencies and Power Structure
This article requires a 95% vote to add an agency or office and a 66% vote
to remove an agency or office.
Under no circumstances may a Person hold a particular office for more than
four years consecutively. Any Adult not currently in jail may run for any
office. No Government official will have to make any religious oath. The
only oath ey will have to make is to uphold the Constitution of the
peaceful country of Oceania.
1.The Judicial Branch
The Justice system exists to resolve conflicts among Oceanians, both
Persons and Entities. Justice is accomplished by one Oceanian, called the
Plaintiff, filing suit against another, called the Defendant, in a Court.
The Court Must decide if either party has been wronged and to what degree.
The Court may then impose penalties upon the losing party, including the
costs of the trial. Because there can be no "victimless crimes", there is
no distinction between criminal and civil law.
When both parties to a suit agree, any Entity in Oceania may serve as a
Court to resolve their conflict, and all judgments and findings by that
Court, including jail sentences, will be legal and enforceable. It is
recommended that all Contracts specify a private Court in which to resolve
disputes. Appeal is allowed from private Court only if the Court Contract
allows it. Where the Defendant does not agree to appear in a Court
acceptable to the Plaintiff, the Plaintiff may bring suit in the Court of
Oceania, which has the power to seize the Defendant, if the Plaintiff is a
Member of the Court of Oceania.
A 95% vote of Oceanians within a respective jurisdiction is necessary to
grant subpoena power of Defendant to another Court. A 75% vote is
sufficient to remove this power.
This is to ensure that the Court of Oceania does not take
advantage of its monopoly status. The people may vote to grant
its unique power to another Court, or they may vote to remove
that power altogether.
The Court of Oceania consists of the Supreme Court, one or more County
Courts, and one or more Local Courts. Every case brought before the Court
of Oceania Must be tried first in a Local Court. It may then be appealed to
a County Court, and finally may be appealed to the Supreme Court. All
Judges of these Courts are elected with Supreme Court and County Court
Judges serving four years and Local Court Judges serving two years. Judges
are not required to have lawyer Licenses.
Because the Court of Oceania is a department of the Government, the people
may, by referendum, regulate how it is operated. Initially, the Voters will
elect a Chief Director of the Court of Oceania with the responsibility to
administrate the Supreme Court and lower Courts, including appointing
judges and setting procedures for the courts consistent with Oceanian law.
The Judicial Branch also includes Local Grand Juries who are elected every
year.
Military Courts are private Courts to which military personnel have
voluntarily granted power by Contract. The Department of War may not
interfere with, control, or fund these Courts in any way. It is strongly
recommended that these Courts allow appeal to the Court of Oceania, as
military Courts have a history of overzealous prosecution.
Definitions
In this article, the following terms have the specific meanings below:
The Plaintiff is the Oceanian who initiates a Court suit. Ey is also what
other legal systems calls a "prosecutor", in that ey controls the
prosecution of the case at all times.
The Defendant is the party accused of a criminal act or liability.
Court Costs are costs incurred by the Court administering a suit, e.g., the
room rental, fees of the judge and jurors, etc.
Legal Costs are costs incurred by the litigants on their own behalf, e.g.,
lawyer's fees, witness fees, police fees for subpoenaing witnesses,
investigation fees, etc.
The Entitlement to Justice
Justice in the Court of Oceania is an Entitlement to the Plaintiff because
the Defendant may be physically seized and brought to trial, in conflict
with eir Right to Liberty. Because this is such a dangerous power, many
restrictions are placed on the Court's power. Also, the Entitlement to
bring suit in the Court of Oceania is granted only to those who have
obtained a Court Membership. An Oceanian who acquires a Court Membership
may not bring suit for any acts committed before ey attained Membership.
If an Oceanian has been harmed by a diplomat or other foreign national,
Government official, or Government agency, ey has the same Entitlement to
Justice as if the Defendant were an ordinary Oceanian. There will be no
"sovereign immunity" or "diplomatic immunity" in Oceania. In the interest
of better international relations, any diplomat may accept exile for one
century instead of a prison sentence. However, violation of this exile
could result in a prison sentence. Fines not paid by the diplomat are the
responsibility of the diplomat's Government.
The Government of Oceania may not grant immunity from prosecution to any
Oceanian or other Person. A Defendant may sign a Contract with a Plaintiff
stipulating that the Plaintiff declines to prosecute for a particular
offense, but that power rests solely with the Plaintiff. Such Contracts are
valid and enforceable.
Children, the mentally ill or retarded, and others with "diminished
capacity" are granted no special exemption from responsibility for their
actions although they should not be placed in prisons with Adults. Placing
a Child in a detention center does not end eir Parent's responsibility to
provide food, health care, and other Entitlements granted to Children.
Charities would be responsible for those that are unable to provide for
themselves.
A.Definition and properties of Court Membership. Members of the Court of
Oceania Must consent to allow themselves to be subpoenaed as witnesses
and compelled to testify. The Court of Oceania SHALL NOT require
Members to surrender any Rights other than the Right to Liberty for the
purpose of subpoenaing witnesses and the Right of Free Speech for
compelling their testimony. In particular, the Court may not require its
Members to surrender their Right to Property by charging a fee or tax
for Membership in the Court, though it may charge for an actual printed
evidence of such Membership in the form of a card or certificate. Those
who chose not to buy the card or certificate have the same Entitlements
as those who do. A Child is assumed to be a Member if eir primary
guardian is. An Entity is assumed to be a Member if the majority of the
Persons controlling it are.
It is expected that every Person in Oceania will have a Court
Membership, as ey will be very vulnerable to exploitation since
non Members will not be able to sue in the Court of Oceania.
B.Selection of Juries. Juries will be selected at random from a pool of
peers so designated by the Defendant as outlined by the laws of Oceania.
Jurors may be volunteers or may ask for pay but may not be forced into
duty.
The Rights and Entitlements of the Accused
in the Court of Oceania
A.The Right to Fair Prosecution: When the injured party is available and
capable of bringing suit or of appointing an agent on eir behalf, or has
previously appointed an agent by power of attorney or will, only ey or
eir agent has standing to sue. If the injured party is a Child, the
Child's Parent has standing, except when a conflict of interest exists
with the Defendant (as in a Parental abuse case). When the injured party
is unavailable (for example, due to murder), or incapable of naming an
agent, the injured party's Nearest Relative Must bring suit. In a
Parental abuse case, any Oceanian may sue on behalf of the injured
Child. Any Oceanian may bring suit on behalf of non-Persons such as
animals or other things. At all times during the trial, the Plaintiff
has complete control of the prosecution of the case. A jury may
determine if there are conflicts of interest among the Plaintiff, judge,
or Defendant.
To avoid conflicts of interest, it is recommended that officials and
employees of the Court of Oceania use private Courts to settle their
disputes. They are still Entitled to use the Court of Oceania if they
Must, in which case they Must bring suit in a Court other than the one
that actually employs them. Of course, employees of the Supreme Court
have no option but to use it. The Government of Oceania may bring suit
only in the case of Treason.
This law is to prevent the practice of having kangaroo Courts
where the judge, jury, Plaintiff, and witnesses are all
Government employees.
B.The Right to a Jury: In all cases, the Right to trial by jury shall be
preserved. Final judgment in all suits is entirely within the power of
the jury. Judges preside the Court and may instruct the jury, but have
no power to render or set aside jury judgments, to decide sentences, or
cite participants for contempt. All these functions belong to the jury.
This statement applies to the Supreme Court as well as the other court
levels.
Of course, if the defendant loses the case, ey Must pay for the
cost of the jury trial, so it is expected that some Defendants
will choose less expensive alternatives. But if ey insists, ey
may request a jury trial no matter how small the penalty of the
crime..
C.The Right to a Level Playing Field: In all suits, each side will declare
the maximum amount of Legal Costs ey will spend in the case. We will
define the party declaring the larger amount Rich and the other party
Poor. The maximum amount of recoverable Legal Costs spent by each side
is the lesser of these amounts. If the Rich party wishes, ey may
subsidize the Poor party. If such subsidy is offered as part of the
recoverable Legal Costs, the Poor party may refuse the subsidy. If the
subsidy is offered out-of-pocket, the Poor party Must accept it, or at
least allow the Rich party to spend that amount as if the Poor party had
accepted the subsidy. In this latter case, the Poor party has no
obligation to spend the out-of-pocket subsidy on Legal Costs, but may
spend it as ey pleases. Private Entities may also provide money for Poor
parties to pursue cases.
The costs of the Court itself are determined by the Court and are always
part of the judgment against the loser, even if ey chose to spend no
money in the case. Spending money under-the-table on legal costs without
claiming them is prosecutable as contempt of Court.
It is a fact that whether a party wins or loses a Court case is
all too often determined by the amount the party pays its
lawyers. The Court has the power to t
ake away Property and even
freedom from the losing party, so it is vital that some means be
used to equalize the power of wealth. The Court of Oceania is
dedicated to justice regardless of wealth.
D.The Right to Fair Bail and Fines: Excessive bail shall not be required,
nor excessive fines imposed. Bail and fines may not be imposed without
informing the accused of the nature and cause of the accusation. A bail
hearing can be requested with one hour notice. Bails and all other
requests for money by the Government will be accepted in all convertible
currencies. Any monies that a Person has on em when ey is arrested may
be used for bail including any electronic forms of money such as credit
cards and credit lines. Likewise, anyone who wishes to bail out someone
need not appear at the Court in person, instead they may use any
electronic forms of money such as credit cards and credit lines.
An Oceanian is Entitled to immediately ask for a standing grand jury to
decide whether this or any other Right in this article has been
violated. Ey Must be put in front of this grand jury within two hours of
eir request. This will prevent Oceanians from being held in jail cells
for days or weeks without cause. As usual, they will have to pay for the
cost of the jury if their complaint is deemed invalid by the jury.
An Oceanian will receive all of eir bail money back in exactly the same
form in which it was posted when ey appears at eir Court date as
promised. If the Person who posted bail for an Oceanian fails to pick up
eir bail money after the accused has attended eir Court date, then bail
money Must be mailed to the Person who posted bail within 24 hours.
E.The Right to Presumption of Innocence: Until an Oceanian is convicted of
a crime, ey cannot be jailed or denied any other basic Rights of
innocent Oceanians. Bail holding facilities Must be very comfortable,
including full communication services, televisions, good food service,
private showers, well mannered hosts, etc. In addition, any Person who
voluntarily walks into a Court Must be told if there are any warrants
for eir arrest and be allowed to pay bail instead of being put in a
holding facility. If ey does not have bail money on em, ey will still
not be arrested until ey has walked off the Court's Property. There Must
be communication facilities on the Court's Property so ey can call
someone to provide bail.
Taking or denying use or control of any Property of an Oceanian not
specifically convicted and fined is a violation of this Right.
Preventing the accused from using eir money to hire attorneys is a
violation of this Right.
We particularly abhor the practice of "civil forfeiture" or
"reversion back" as practiced by more primitive legal systems.
Detaining a traveling Oceanian without an arrest warrant is a
violation of this Right. Removing a Child from eir Parent before
the Parent has been convicted in Court of Child Abuse is a
violation of this Right, and is prosecutable as kidnapping.
F.The Right to a Speedy Trial: The time between accusation and trial may
not be more than 30 days unless both the Plaintiff and Defendant agree
otherwise. The same applies to time between appeals. There may not be
more than one hour between the time of appearance set by the Court and
the time that the trial or hearing begins. This is not an Entitlement,
because it is a limitation on the Plaintiff's Entitlement to Justice.
G.The Right to a Public Trial: All trials Must be open to the public
unless both the Plaintiff and Defendant agree otherwise. To prevent the
creation of star chambers, the document whereby the Plaintiff and
Defendant agree to a closed trial Must itself be made public. Trial
proceedings Must be recorded.
Television cameras and other mass media may be allowed in Court if the
Plaintiff and Defendant agree. The media are allowed to pay the
litigants for this privilege. If the Plaintiff is the Government, then
the Government is declared by this Constitution to agree to television
cameras and other mass media in the Court.
The order of cases to be tried on a particular day Must be random, or
assigned by a published procedure and not at the discretion of the
Court. This is to prevent a Court from trying controversial cases last
or at odd hours of the day to avoid public scrutiny.
H.The Right to Trial in Oceania: If a Person is accused of crimes that
occurred outside Oceania, ey will not be extradited to the country
accusing em of the crimes. Instead, the Person will be tried in Oceania
under the laws of Oceania. The foreign prosecution, public or private,
will pay for the costs of prosecuting the accused individual if it is
the loser in such case. Failure for the foreign prosecution to pay will
result in it be banned from being a prosecutor in further trials.
This Right exists in place of "political asylum". The accused individual
will be placed in a prison in Oceania if ey is convicted of the crime
and subsequently sentenced to serve time in prison. The country that was
the plaintiff will pay for this imprisonment. No treaty may ever
override this right.
I.The Right to Protection from Double Jeopardy: If a Person is found
innocent of a crime, ey may not be tried again for the same crime. The
penalty for violating this Right is the same penalty as for false
arrest.
If a local Government accused someone of a crime that ey was
declared innocent of, a County or national Government could not
then try that Person for the same crime. Nor can an Oceanian be
tried for "different" crimes committed by the same action.
J.The Right to Judicial Review: All three levels of Courts, the Supreme
Court, the County Courts, and the Local Courts, have the responsibility
to decide if a law is constitutional. Also, precedents from earlier
trials may be presented to a jury, but the jury is free to decide each
case on its own merit.
All proceedings in Court are to be recorded, even in trials closed to
the public. If the Defendant or Plaintiff believes that either side is
not following the Constitution in the proceedings, ey may stop the
proceedings and ask for a local grand jury to decide if the Constitution
may have been violated. A tape of the proceedings would be provided to
the grand jury. If the grand jury determines that the Constitution may
have been violated, a new trial shall be held in a different Court at
the same level to determine if the Constitution was violated. If there
are no other Courts at the same level, then the grand jury will try the
case. Once this trial is over, the original case may be resumed.
The maximum time between request for a grand jury and being seated in
front of one is two hours. This applies to all requests for a grand jury
that this Constitution or the laws of Oceania allow.
It is expected that there will be a sitting grand jury available
24 hours a day within two hours of travel at all times in
Oceania.
K.The Right to Fair Jurisdiction: If both Plaintiff and Defendant agree,
they may select a private Court. The Plaintiff, Defendant, and private
Court Must agree to a Court Contract; the Government will recognize all
terms in the Court Contract, including prison sentencing, but under no
circumstances will the Government pay for any actions resulting from the
private Court Contract.
For suits brought in the Court of Oceania, the Defendant has the Right
to be tried in the Court most local to where ey resides. If Plaintiff
and Defendant agree, the case may be moved to any other Court.
L.The Right to Attorney-Client Relationship: An Oceanian has the Right to
have private conversations with eir attorney. Therefore wiretaps to
interfere with this relationship Must never be granted. An Attorney may
not be jailed for refusing to testify to the content of private
conversations with a client. Of course, Privacy Must be explicitly made
part of the Attorney-Client Contract so it does not violate the
Attorney's Right to Knowledge.
M.The Right to Protection from Self-Incrimination: An Oceanian cannot be
Forced to testify against emself. For example, ey can not be forced to
produce business records, desk calendars, or private diaries. Ey may be
forced to produce fingerprints or other identifying information from eir
body for identification purposes only. For example, a hair sample could
be forced for identification use but not for testing for drugs. This
Right DOES include Entities. This Right should not be construed to apply
to friends, relatives, or other associates of the accused.
The use of torture to Force confessions is particularly abhorred.
N.The Right to a Fully Informed Jury: Before a trial begins, the judge
Must notify the jury of its common law Right and duty to decide if a law
is fair and just as it applies to the specific case they are judging.
The jury Must also be informed that laws in violation of the
Constitution are invalid.
The jury may not at any time be removed from the courtroom during a
trial to prevent them from hearing evidence. A trial may not be declared
a mistrial because of "prejudicial" evidence. The judge has no power to
strike any testimony from the record, and no power to suppress any
evidence presented during the trial. It is expected that juries are
reasoning Adults who are as competent as the judge to decide who is
lying and who is not.
Evidence uncovered by an illegal search WILL be allowed in Court. Unlike
corrupt countries that allow both the criminal and the arresting officer
to go free when an illegal search is made, Oceanians will be allowed to
prosecute both.
The use of expert witnesses is allowed, but the jury Must be informed
that no witness is completely unbiased.
O.The Right to Forgiveness: The statute of limitations on prosecuting a
crime may not exceed ten years. This Right is given to foreign
corporations and foreign Persons as well as to all Oceanians. Anyone who
has not been tried for a crime until ten years after its commission will
be forgiven, unless ey has spent that time in cryonic suspension or
otherwise unconscious.
The reason for this is that the primary goals of jailing a Person
are not retribution or rehabilitation, but to stop the prisoner
from committing crimes for a period of time, and as a deterrent.
If someone hasn't committed crimes during the past ten years then
these goals have already been accomplished.
It is legal for prisons and juvenile detention centers to try
rehabilitation. It would be up to the individual Courts to decide
if they wished to fund such attempts.
P.The Right to Witness Decision: Ex parte decisions, made when either the
Defendant or Plaintiff are not in Court, are illegal. The Defendant or
Plaintiff may wave this right by giving others power of attorney to
represent them.
Q.The Right to Unbiased Judges and Juries: Judges and Juries may be paid
on an hourly basis only. No bonuses may be given for convictions or
acquittals. Conviction of a Judge or Juror on charges of such bribery is
grounds for appeal to all Persons convicted by that Judge or Juror.
The only questions the Court may ask of the jurors before the trial are
"Is there any reason in this case that you cannot give a fair and
unbiased judgment?" and "Are you capable of understanding the
evidence?". If, during a trial, a juror decides that ey is biased or not
capable of understanding the evidence, ey may excuse emself without
consequence. It is expected that juries will be seated with extra jurors
for such contingencies.
R.The Entitlement to Subpoena: The Defendant shall be Entitled to subpoena
witnesses who are Members of the Court of Oceania and physical evidence
owned by Members on eir behalf. In the same manner, the Plaintiff shall
be Entitled to subpoena witnesses and physical evidence on behalf of the
prosecution. Persons subpoenaed may sue for false arrest if the jury
finds the subpoena frivolous.
Subpoenaed witnesses who refuse to testify may be jailed for up to one
year, time to be set by jury. No further compulsions may be used, and no
more than one detention may be levied upon a witness for the duration of
a trial, even if the witness is called to testify more than once for
different reasons.
The Right to Attorney-Client Relationship overrides the Entitlement to
Subpoena. An attorney may not be jailed for refusing to break the
confidence of eir client. A journalist may not be jailed for refusing to
identify eir source.
S.The Right to Writ of Habeas Corpus: An Oceanian may demand to be brought
in front of a Court within two hours of eir imprisonment and told why ey
has been imprisoned.
T.The Right to Immediate Countersuit: A Defendant acquitted of a crime may
immediately countersue the Plaintiff for false arrest and have eir case
tried in the same Court by the same jury. A Defendant either acquitted
or convicted may immediately countersue for the use of unnecessary Force
in eir arrest. Witnesses subpoenaed to testify in the case may sue for
false arrest at this time as well.
If a jury finds a suit to be frivolous and unjustified, it may return a
harassment judgment against the Plaintiff.
The judge and the Court itself are also subject to immediate countersuit
to be heard by the same jury and different judge if either litigant
wishes to sue for bias or illegal procedure. Only the litigants have
this standing to sue, but others in the courtroom, including public
audience members, may serve as witnesses. Jurors who fail in their
responsibilities may be sued in a different Court.
It is desired that the same Court that has heard all of the
evidence of a case should decide whether the arrests were
justified, whether unnecessary Force was used, and whether the
Court itself was biased. The use of unnecessary Force in an
arrest may be prosecuted as assault and battery or murder, as
appropriate. The use of Force without a warrant is particularly
abhorred.
U.The Right to Quick Service: If a Court of Oceania or other Government
office keeps an Oceanian waiting an unreasonable amount of time,
especially when arrested, that office may be sued for false arrest.
Because the Government is a monopoly, being kept waiting in line
is no different from being shackled. The main purpose of this
Right is to make sure that the justice system doesn't commit
injustice by detaining the defendant in long and slow lines. To
enforce this Right, Oceanians may bring in video recorders,
stopwatches, or other devices to document their wait.
V.The Right to Reach Counsel: Any Person placed in a bail holding facility
Must be allowed to reach counsel for eir defense, with the communication
charges added to the eventual Court Costs. The Right to Quick Service
applies here as well.
The practice of surrounding a Defendant's house with tanks and
armed agents to prevent em from reaching eir attorney is a
particularly heinous violation of this Right.
This Right includes the obligation of the arrestor to initially act as
counsel for the person under arrest by repeating a list of Rights that
includes the Right not to speak until ey has consulted with eir counsel.
W.The Right to Investigation: If an Oceanian finds evidence that a
Government official is committing Fraud, ey has the Right to bring this
to a grand jury which may then order further investigation or bring
charges against the Government.
X.The Entitlement to Know the Law: Copies of all laws Must be available at
all Courts of Oceania. It is legal to have the copies available only in
an electronic format that can be processed by personal computers. The
one exception to this is that the laws must be made available in a human
readable format to persons in bail holding facilities. It is also
recommended that important Court decisions be made available as well,
even though Court precedents do not bear the full Force of law.
It is illegal to change laws retroactively. The Government of Oceania
may not prosecute someone for an action that was not a crime when ey did
the action. But the reverse, changing a law to retroactively allow an
action, may be allowed. If the punishment for a crime is increased by a
new law, the increased punishment does not apply to past crimes. If the
punishment for a crime is decreased by a new law, this change does apply
to past crimes.
Y.The Right to Humane Treatment: Prisoners may not be subjected to cruel
and unusual punishment. A prisoner may request a grand jury hearing to
decide if ey is being treated inhumanely. Of course, if ey loses, ey
will have to pay the cost of the hearing.
Z.The Right to Not Be Punished for Others' Actions. An Oceanian will not
be held responsible for the crimes of others, unless ey incited another
to commit the crime.
For example, if a Person causes injuries or property damage as a
result of being drunk, that Person, not the Person who provided
the drinks, nor the manufacturer of the drinks nor any other
person not immediately at fault, will be held liable. Similarly,
if a person uses a weapon to unjustifiably kill or injure
someone, ey, not the weapon, weapon manufacturer, nor the
retailer, nor anyone who is not an immediate party to the crime,
will be held liable. Or, if a Person forgets to ask the dangers
of an operation, they will take responsibility for this, not eir
Doctor. It is assumed that Adults who live in Oceania do not wish
to be treated as Children.
The Rights of Prisoners
Prisoners are able to obtain food, shelter, basic health care, and clothing
by working for such within the prison they are in. In addition, charities
and other interested parties may provide such services to them as well.
Prisoners have the Right to speak with an attorney as do other detainees.
Prisoners retain their Right to Self-Sovereignty and may not be sterilized
or tattooed. Prisoners retain their Right to Property that was not seized
as part of their judgment, and may not be forced to labor for another.
Prisoners may be allowed to work in exchange for reduction in their
sentences.
2.The Executive Branch
A Major Law is a law that affects every Oceanian and therefore Must be
decided by referendum.
A Minor Law is a law that only affects specific Entities in Oceania and
therefore may be decided by a two thirds vote of a jury according to
section three, The Legislative Branch. A Minor Law becomes a Major Law
if a petition with the signatures of 1% of the Voters is presented to
the Government.
A.The Executive Branch includes a President and a Vice President whose
sole duty is to replace the President if ey is killed or incapacitated.
They are elected every four years on the tenth of June. The President
has the powers to:
put a referendum on the ballot for the next election,
sign minor Contracts and legislation.
In all three cases, if a grand jury determines that there is a conflict
of interest then the next Person in the chain of succession will have
the obligation to take the President's duties for that particular case.
In all cases where the President signs Contracts or enacts legislation,
ey Must go before a grand jury selected at random and get the consent of
two-thirds of them for such actions. The President may bring many
different Contracts and legislation in front of the jury at the same
time if the Contracts and legislation are simple matters. All major
Contracts and legislation Must be brought in front of the people in the
form of referendums, which require a two-thirds vote to pass. Of course,
an unconstitutional referendum or grand jury vote is not valid and
should be ignored. No Government Contract may extend for more than ten
years.
To ensure that all major Contracts and legislation are brought in front
of the people, there is a 60 day waiting period after all minor
Contracts and legislation are approved. During this waiting period, an
Oceanian may gather the signatures of 1% of the Voters to call for a
referendum on whether these measures should be approved. Not until this
waiting period is over are the minor Contracts or legislation considered
approved.
The President does not have the power to sign treaties until they have
been adopted by a 75% Oceanian vote. Of course, Oceanians are forbidden
to vote for an unconstitutional treaty. The President does not have the
power to declare a national emergency giving em special powers.
If the President and Vice President are killed or incapacitated, the
chain of succession is Commander in Chief, Air and Space Force
Commander, Army Commander, Navy Commander, Chief Justice of the Supreme
Court, then the remaining members of the Supreme Court selected at
random. The President appoints replacements to any elected vacancies if
the Person is incapacitated by death, injury, illness, resignation,
insanity, or imprisonment. If a Person has vacated eir office for more
than 30 consecutive days, ey is considered to have resigned.
The process for impeachment of the President or another elected official
is to convict them of a crime that sentences them to prison. Once they
have been sentenced to prison, they may not hold that elected title for
the remainder of their term.
B.The Department of War consists of a Commander in Chief, Air and Space
Force Commander, Army Commander, and Navy Commander. These four
positions are elected every four years, each position being elected on a
different year. Initially, the Commander in Chief will only serve one
year, the Air and Space Force Commander two years and the Army Commander
three years. The Air and Space Force Commander is in charge of all
appointed positions in the Air and Space Force, and likewise for the
Army and Navy Commanders. These Commanders control the respective
budgets of their departments, and have discretion to spend these
budgets. Of course, the public has final control in that it elects the
Commanders and directly chooses to fund or not fund their budgets.
The three agencies of Air and Space Force, Army, and Navy will Contract
with private militias, using no fewer than three different militias per
agency for active duty status. Militias who are not chosen for active
duty status may be selected for national reserve status where they will
normally only be asked to practice less than one month per year.
Militias not selected for national reserve status may be selected for
mothballed status where they will normally never be asked to practice.
Militias may only receive access to Weapons of mass destruction via
Privilege Licenses provided by the Department of War.
Active militias will be on 24-hour call but they may engage in other
activities while they are not engaged in military activities.
C.The Anti-Law Department repeals laws by referendum for major laws, by
jury trial for minor laws. This branch can request referendums and jury
trials. Oceanians may make requests to this department or call for
referendums by petitions signed by 1% or more of the Voters.
The Chief Director of the Anti-Law Department is elected by the people
and is responsible for running the department and its budget as ey
chooses, consistent with Oceanian law.
3.The Legislative Branch
All legislation in Oceania is passed directly by the people. This
Constitution does not allow an elected representative body.
Finally, the lobbying problem is solved. The Government of
Oceania will be one that doesn't pay its farmers not to grow
food. The problem of one powerful legislator forcing everyone to
vote eir way will be solved as well.
No law may violate the Rights of Oceanians. Unconstitutional laws may not
be enforced. The people may pass laws in the following areas:
Crimes: The people may establish by referendum the definitions and
punishments for crimes.
Common Law: The people may establish by referendum standard
definitions of terms used in private Contracts, implied obligations in
certain Contracts, implied liabilities and limitations of
corporations, and other standards not explicitly overridden in the
Contracts involved. Any Contract may override any of these standards
by supplying its own explicit definitions.
Resolutions: The people may make any recommendations they choose that
do not bear the force of law.
Pollution: Pollution Must be prosecuted by the Oceanian whose Land,
water, or air is damaged or whose Life and health are threatened by
it. Because of the often random nature of environmental hazards, the
people may vote by referendum on what levels of a particular toxin are
considered "harmful" for the purpose of Court decisions, and what the
damage amounts are. Such referendums do not restrict the ability of
actual harmed parties to sue for specific damages.
What this means is that because carbon monoxide, for example, is
known to cause health problems in a certain percentage of people,
a referendum may be passed that sets a specific level of monoxide
in auto exhaust as "harmful". After that referendum, anyone who
found that much monoxide in auto exhaust could sue the person who
owns the auto for damages specified in the referendum, or the
auto manufacturer if it guaranteed that the auto wouldn't
violate such limits, even if ey wasn't one of the few who
suffered actual symptoms. Those who actually do suffer symptoms
and can prove causality may still sue independently of the
referendum and get specific damages. Also, someone who can show
that ey was harmed by lower levels of monoxide can still recover
damages for eir injuries.
In the case of such things as lead in drinking water, a contract
between the user and the supplier would override any such
referendum.
Endangered species: Limits on hunting, destroying the habitat of, or
otherwise harming designated species may be set by referendum. The
referendum will have to designate a voluntary fund to compensate
Oceanians hurt by this referendum and the referendum will not be
enforced in cases where there are insufficient funds in the designated
fund to pay the Oceanians hurt by the referendum. Juries will
determine the amount of compensation.
Of course, breeding such a species in captivity to increase their
number is acceptable, even if some animals are sold or otherwise
used to help fund the project.
Abortion: The people may, by referendum, place restrictions on
abortions after three months gestation where the mother's life is not
endangered.
Symbols: The people determine by referendum the appearance of the
flag, passports, and other symbols of Oceania. These symbols and
observances are, of course, matters of personal expression. Oceanians
are free to celebrate as they choose, to display, burn, refuse to
display, or otherwise treat flags as they choose, and otherwise
express themselves freely. The name of Oceania, its flag, and its
passports will serve to identify it to the other nations of the world,
but Oceanians may use them or not as they choose. Using symbols of
Oceania fraudulently is prosecutable under Article Four, National
Security.
War: The people may, by referendum as specified in Article Four,
National Security, declare war. Referendums can be used to add or
remove countries from the Government's enemy list.
Recognition of new classes of Persons, and eligibility requirements
for passports and voting.
Modification of or dissolution of the Government.
Quarantine of Persons with infectious diseases.
Establish election precincts.
Regulation of Government agencies.
It is expected, and sincerely hoped, that the typical Oceanian may live eir
entire life peacefully without ever encountering a law, using the Courts to
resolve conflicts and control crime, and the War Department to provide
defense. Whenever a need or a problem arises, it is hoped that Oceanians
will not ask "What law can we pass?" but "What Business can we create?"
The actual method of voting is up to the private Entities hired to
administer voting, but the method Must allow Voters to vote in secret, that
is, without the possibility of anyone else influencing or discovering how a
particular Voter decides. No votes may be made by absentee ballot, because
they cannot guarantee secrecy. Votes may be done electronically or by any
other methods that referendums have not banned with the exception of
absentee ballots. Voters who will not be in Oceania during election day may
vote in person during the 30 days before election day.
As mentioned earlier, election Fraud is prosecutable as Treason against
Oceania. This includes voting more than once, voting on behalf of another
Person, denying ballot access to legitimate candidates or referendums,
bribing or intimidating Voters, accepting ballots not delivered in person,
misrepresenting the content of a ballot, and breach of specific written
promises made by candidates to Voters.
Political candidates do not surrender their Right to Free Speech or
Privacy. It is illegal to require limits on campaign spending or to require
candidates to reveal their sources of funding. The Government and Entities
administering elections do not have this Right. It is forbidden for them to
print materials that tell citizens which way they should vote in an
election.
Elected officials do not surrender their Right to Free Speech. No
restrictions may be made on their making speeches or writing articles,
including restrictions on the amount of money they may make from such
speeches or articles.
Oceanians do not give up their sovereignty as individuals by voting for any
Person. Oceanians have a direct Government and do not need anyone to
represent them in vital issues.
A.Passing Major Laws: Major laws Must be passed by referendum, as
described below.
B.Passing Minor Laws: The President of Oceania may bring minor laws and
Contracts to a grand jury and pass them with two-thirds consent. A
waiting period of 60 days Must then elapse before the law becomes valid.
If, in that 60-day period, a petition with the signatures of 1% of the
Voters is presented to the President, the law becomes a major one and
Must be brought before the people as a referendum.
C.Repealing Major Laws: Laws passed by referendum may be repealed by
referendum. The Anti-Law Department may request that the repeal of a law
be placed on a referendum.
D.Repealing Minor Laws: Laws that were instated by a jury vote may be
removed by a jury vote at the request of the President or the Anti-Law
Department. They may also be repealed in the same way that major laws
are.
E.Conflicting Laws should both be repealed by grand jury vote.
F.The Right to Vote: All Adults and Teens in Oceania not currently in jail
are Voters, and may vote in elections. Children, including older
Oceanians who have been declared Children by a Court, may not vote. A
Person under the age of sixteen who has been declared a Teen or Adult by
a Court may vote. The Right of Adults and Teens to vote shall not be
denied or abridged because of race, creed, sex, sexual preference,
handicap, or any reason other than being in jail for a crime. The reason
for this restriction is that grand juries and other officers of the
Court are elected, and could be too influenced by organized crime if
prisoners could vote.
G.Referendums: For a referendum to gain ballot access, a petition
containing signatures of 1% of the Voters in the jurisdiction affected
by the referendum Must be presented to the election administrators. The
President of Oceania and the Anti-Law Department may also put
referendums on the ballot. A referendum may not be denied ballot access
because it has been found to be unconstitutional. Constitutionality may
only be decided after the referendum passes. Voters may vote either
"yes" or "no" to a referendum. If 66% of those voting on the referendum
vote "yes", the referendum passes and becomes law (assuming it is
constitutional), unless a different percentage is specified in this
Constitution. The vote for a referendum Must be held no later than 60
days after it gains ballot access.
A referendum may be held to recall a public office holder, or to
eliminate the office entirely.
H.Elective Offices: Any Adult or Teen not currently in jail may run for
any elective office. At the discretion of the Entity administering
elections, candidates may be required to present a petition with the
signatures of 100 Voters eligible to vote for that office before that
candidate is granted ballot access. This should only be done to prevent
ballots from containing hundreds of names of frivolous candidates. It is
normally recommended that all candidates desiring access be granted it.
No fee may be levied for access to a ballot.
For each elective office, the ballot will list all candidates running,
as well as "None of the Above" and "Remove This Office". Each Voter will
indicate on eir ballot which, if any, of the candidates listed ey
approves of for each office. The Voter may approve of none, one, or any
number of candidates for an office. The candidate receiving the greatest
number of approvals will be given the office. If "None of the Above"
receives the greatest number of approvals, then the office will remain
vacant and unfunded for its normal term. If "Remove This Office" wins,
the elective office itself will be retired. Of course, no candidate may
run under the names "None of the Above" or "Remove This Office".
No Oceanian may hold an office for more than four years in a row. Once
these four years are up, ey may not run for that office again until four
more years have passed.
I.Political Parties: Oceanians have the Right to form political parties.
Political parties cannot be given any Rights or Privileges not given to
individuals running for elective office. A petition for candidacy may be
written to indicate that in the event of the death or incapacity of the
named candidate, the ballot access granted to that candidate may be
given to another Person designated by the party. Of course, one Person
may form a political party and have the same Right.
The purpose of a political party is to give the Voters some idea of what
philosophies and opinions are shared by members of a party, to aid them
in their decision. Political parties have the Right to run any candidate
they choose, and to refuse to run anyone they choose. Under no
circumstances should political parties be used as a means to deny ballot
access to those who want it, or to grant special Privileges to members
of major parties that are denied to minor parties.
J.Election Results: There will be no central Government agency collecting
or reporting vote results. Election administrators will report directly
to the press or other Entities with whom they have contracted to do so.
Candidates for office Must discover for themselves who has won the
office they seek, and in case of disputes, Must resolve their conflict
in Court. Election administrators and their information may be
subpoenaed for such cases.
4.The Power Structure of Oceania
Many of the traditional powers of the Government have been taken away from
it. To make it clear that we are not omitting powers because we haven't
thought of them, we will list here where the powers traditionally assumed
by the Government have gone. The Government may not create new agencies or
assume any new powers not explicitly granted herein.
A.The following powers are given to Restricted Businesses. All such
Businesses Must release copies of relevant records at cost, but may
otherwise operate as they choose, including setting their own hours of
Business_even election Entities. Any Oceanian may create such an Entity.
These Entities may involve themselves in more than one such Business.
Issuance and recording of copyrights, patents, and trademarks.
Contract recording including Business initiation/incorporation and
dissolution documents. It is also recommended that such Entities have
notaries.
Passports. Private Entities will provide passports to Permanent
Oceanians and to Children of Permanent Oceanians who are under twelve
months of age. While passports will not be needed for entry into
Oceania, there may be some use for Oceanian passports for people who
wish to enter other countries. Oceanians may hold passports to more
than one country. See Article Four, National Security, for details.
Birth certificates and death certificates.
Ship and airplane registration. Ships and airplanes registered by
Private registration services may fly the flag of Oceania as long as
such Private registration services are not convicted of fraud in the
Court of Oceania. See Article Four, National Security, for details.
Elections. These private Entities have some additional restrictions
upon them to discourage Fraud:
Physical ballots, petitions, or other evidence of vote results,
may not be destroyed for ten years after an election.
Election administrators Must allow ballots or other evidence to be
subpoenaed by Courts.
Employees of the Entity administering elections may not hold or
run for elective office.
They may not refuse ballot access to a candidate or referendum
that has met the constitutional requirements.
Additional restrictions may be added by referendum.
B.The following powers are given to Unrestricted Businesses. In other
words, the Government is prohibited from partaking in these activities
other than enforcing Contracts created in the Free Market.
Money: The Government of Oceania may not issue or control currency.
Private banks may issue money, the use and acceptance of which is
entirely voluntary. It is expected that all Contracts specify which
currencies are acceptable forms of payment.
Stocks and securities: Private Entities will be in charge of endorsing
or panning securities. Private Entities will run security exchange
markets and set the rules that these markets will follow including
rules regulating the percentage of a stock that an Entity may own.
Census taking: the Right to Free Speech includes the right of Entities
to ask for any information from all of the beings in an area although
it may not compel them to answer, even though it may pay them to do
so. The Government does not have this Right and may only ask number of
beings in any census.
Loans, including student loans.
Professional licensing: Private Entities may license Oceanians for
various professions. Of course, it is voluntary for a professional to
have such a license, and consumers are free to hire unlicensed
professionals if they choose.
Product labeling: Private Entities may endorse types of labeling for
products. This includes marketing claims of drugs for efficacy and
safety. Of course, it is voluntary for a company to use such labeling.
Postal services and issuance of stamps.
Standards of weights and measures.
Surveying.
Power generation.
Water: Water for residential, industrial, agricultural or any other
use will be bought and sold as is any other commodity.
Schools: The practice of Governments running schools, setting
curriculum standards, and compelling attendance is anathema to a free
society. Parents have the sole Right to determine how and where their
Children are educated, including home education.
Housing: Private Entities will control all housing.
Children's behavioral and protective services.
Children's camps, theaters, and other activity programs.
Adoption: Care of Children should never be allowed to fall into the
hands of Government. Adoption is a private Contract among biological
Parents, adoptive Parents, and a private adoption Entity, if any.
Libraries and museums: Private Entities will fund, build, and control
libraries and museums. The Government may not regulate what people can
read, what art they can see, or which version of history they believe.
Art: The Free Market will support the art that the marketplace
desires. This includes the areas of paintings, sculptures, ballets,
symphonies, theaters, cultural centers, art galleries, art centers,
movies, fiction books, and orchestras. In particular, it is forbidden
for the Government to censor art, before, during or after its
production.
Historic preservation and archaeology: Private Property does not
become public simply because it is interesting. Historic preservation
and archeological activities will be done by private Entities.
Airplanes, trains, and other public transportation and their
respective facilities such as airports.
Traffic control: The private Entities that own roads will be
responsible for making and enforcing their traffic laws. Only
penalties for trespassing and endangering lives already established in
the laws of Oceania will be used for their enforcement.
Insurance: Private Entities will run all insurance. This includes bank
insurance, pension fund insurance, Property insurance, import and
export insurance, liability insurance, disaster insurance, auto
insurance, professional insurance, life insurance, travel insurance,
medical insurance, disability insurance and unemployment insurance.
Food inspection: It is expected that restaurants and food retailers
will have liability insurance, and that insurance companies will set
rules for food safety and and perform the needed inspections..
Automobile and equipment safety inspections: As with food, liability
insurance vendors will be expected to set safety rules.
Consumer regulation: All safety regulations, consumer protection
regulations, and other Business regulations will be accomplished by
the Free Market. For example, 900-number phone services will be
regulated by private phone companies, not by government agencies.
Consumer protection services. Consumer affairs should be settled in
private or public Courts.
Building plans and Inspections will be done by agreements between
banks, lenders, property owners, and insurers.
Car washes.
Towing and car repair.
Emissions testing.
Hospitals: Oceanians may create and use any hospitals, hospices,
nursing homes, and outpatient centers they desire.
Drugs and other health care.
Veterinary services.
Mental health services: Mental illness is just that_illness. Private
hospitals may treat mental patients just as they treat other patients.
In particular, no hospital has the power to imprison a Person against
eir will unless that Person has been previously declared to be a Child
by a Court.
Cemeteries.
Coroners and other crime investigators.
Parks and recreational facilities.
Public service classes such as aerobics, martial arts, wrestling,
dance, billiards, pottery classes and yoga.
Rehabilitation centers.
Job training and placement services.
Escorts: Escorts for visiting dignitaries, public officials, funerals,
parades and other special events shall be done by private Entities.
Weather forecasting.
Amateur and Professional sports, including boxing,
Agriculture and forestry: The Government of Oceania will not pay
farmers to refrain from growing food, will not subsidize foresters by
building roads and giving away Land to be destroyed, and will not
control irrigation. Nor may the Government subsidize any group of
farmers including honey bee farmers.
Rationing: The Free Market will replace this traditional Government
function by allowing prices on goods to be set based on supply and
demand.
Cartels and monopolies such as utilities will not be created by the
Government, nor will it interfere with their private creation.
Economic planning including subsidies. While it is legal for a
Business to subsidize a product, the Government may never do so_even
for "strategic" items such as wool and mohair.
Scientific research.
Energy exploration and production. Access to energy will not be
controlled or prohibited by the Government.
Taxicabs.
Gaming: Government regulation of, running, or profiteering upon,
gaming is a violation of the Right to Property.
Charity: Government charities are compassion at gunpoint. Only private
charities, directly accountable to their voluntary contributors, will
exist in Oceania.
Tourism.
Employers may freely negotiate the following with their employees,
customers, or insurers.
Levels of stress in the work environment.
Definition and prosecution of sexual harassment.
Medical, dental, disability, unemployment, life, workers'
compensation, social security or pensions, and other insurance.
Medical testing, drug testing, and other employer qualification tests.
Smoking regulations.
Labor relations and Contract negotiations including negotiation of
severance payments.
Anti-discrimination or pro-discrimination rules.
Price and wage controls.
Facilities (including parking) for the handicapped.
Building facilities, such as doors, toilet facilities, and security
systems.
Occupational safety regulations.
Fire codes, electrical codes, and occupancy codes.
C.The following powers are given to Housing Developments. Of course,
individuals may also hire these services on the Free Market if their
Housing Development does not provide them or if they are not members of
one.
Hiring of election administrators.
Police and Fire protection. Fire and home insurance companies can set
safety rules and protection standards.
Disaster insurance.
Maintenance of infrastructure (power, water (including fluoridation),
roads, graffiti, animal control, etc.)
Community facilities such as swimming pools, golf courses, hockey
rinks, gymnasiums, baseball fields, football fields, and basketball
courts.
Zoning, rent control, and building codes.
D.The following powers are given to The People, to control by referendum:
Crimes: The people may establish by referendum the definitions and
punishments for crimes.
Common Law: The people may establish by referendum standard
definitions of terms used in private Contracts, implied obligations in
certain Contracts, implied liabilities and limitations of
corporations, and other standards not explicitly overridden in the
Contracts involved. Any Contract may override any of these standards
by supplying its own explicit definitions.
Resolutions: The people may make any recommendations they choose that
do not bear the force of law.
Pollution: Pollution Must be prosecuted by the Oceanian whose Land,
water, or air is damaged or whose Life and health are threatened by
it. Because of the often random nature of environmental hazards, the
people may vote by referendum on what levels of a particular toxin are
considered "harmful" for the purpose of Court decisions, and what the
damage amounts are. Such referendums do not restrict the ability of
actual harmed parties to sue for specific damages.
Endangered species: Limits on hunting, destroying the habitat of, or
otherwise harming designated species may be set by referendum. The
referendum will have to designate a voluntary fund to compensate
Oceanians hurt by this referendum and the referendum will not be
enforced in cases where there are insufficient funds in the designated
fund to pay the Oceanians hurt by the referendum. Juries will
determine the amount of compensation.
Abortion: The people may, by referendum, place restrictions on
abortions after three months gestation where the mother's life is not
endangered.
Symbols: The people determine by referendum the appearance of the
flag, passports, and other symbols of Oceania. These symbols and
observances are, of course, matters of personal expression. Oceanians
are free to celebrate as they choose, to display, burn, refuse to
display, or otherwise treat flags as they choose, and otherwise
express themselves freely. The name of Oceania, its flag, and its
passports will serve to identify it to the other nations of the world,
but Oceanians may use them or not as they choose. Using symbols of
Oceania fraudulently is prosecutable under Article Four, National
Security.
War: The people may, by referendum as specified in Article Four,
National Security, declare war. Referendums can be used to add or
remove countries from the Government's enemy list.
Recognition of new classes of Persons, and eligibility requirements
for passports and voting.
Modification of or dissolution of the Government.
Quarantine of Persons with infectious diseases.
Establish election precincts.
Regulation of Government agencies.
E.The following powers are reserved for Each Individual Oceanian:
Article One, A Partial Listing of Rights, details the Rights of each
Oceanian. We list here specific powers often usurped by Governments:
Life: Each Person can decide when and how to end eir Life.
Reproduction and birth control.
Drugs, vitamins and other health care.
Marriage: Each Oceanian can decide the terms of eir marriage Contract,
or whether ey wishes to create such a Contract.
Inheritance: Each Oceanian may decide who gets eir Property (including
eir body) when ey dies. In the event a Person dies without any
explicit instructions as to the disposition of eir Property, the
Person's Nearest Relative will be awarded inheritance. If there is no
living relative, anyone making a claim on such Property (such as
friends or favorite charities of the deceased) may petition a jury to
award inheritance. Neither the Government nor the jury, may ever be
awarded inheritance or any portion thereof unless explicitly granted
in a will.
F.The following powers are denied to the Government and given to No One:
Taxation: No one has the power to tax.
Embassies and the special powers they receive.
Evacuation: No one may Force an Oceanian to leave eir Property for eir
own "protection". If an Oceanian wants to live on unsafe Property,
that is eir choice.
Eminent domain: Each Oceanian's Property is completely eir own.
Torture.
Financial Controls: No one may be forbidden from taking money or other
valuables into or out of Oceania. No one may forcibly suspend trading
in stocks and bonds. No one may forbid ownership or control the value
of gold or other commodities. No one may forcibly freeze checking and
savings accounts of others.
It is hoped that non-Oceanian readers of this Constitution will realize
what a long list of powers that they have entrusted to their Government.
They should remember that absolute power corrupts absolutely.
ARTICLE THREE
Powers Specifically Forbidden to the Government
If a power is forbidden this means that not only is it illegal for the
Government to tax to fund this power, it is also illegal for the Government
to accept voluntary contributions to fund this power. A 95% vote is
necessary to remove an item from this list. A 66% vote is sufficient to add
an item.
Many of these restrictions are mentioned elsewhere in this Constitution.
They are repeated here for clarity and emphasis, because Governments
traditionally usurp these powers.
A.Taxation: It is forbidden for the Government to tax. User fees may be
required by the Justice System from losers in Court cases. No other user
fees may be required by the Government. The use of revenue stamps, sales
taxes, use taxes, excise taxes, inheritance taxes, vehicle and vehicle
rental taxes, estate taxes, gift taxes, income taxes, tariffs, License
fees, "sin" taxes, Property taxes, room taxes including comp room taxes,
taxes on illegal substances, self-employment taxes, unemployment taxes,
service taxes, taxes on health benefits, duties, energy taxes, "gas-
guzzler" taxes, Business or corporate taxes, food taxes, withholding
taxes, value added taxes, social security taxes, school taxes, airport
taxes, luxury taxes, capital gains taxes, inventory taxes, view taxes,
windfall profits taxes, unitary taxes, hospital taxes, wealth taxes,
departure taxes, capitations, franchise fees, going out of business
fees, public air space taxes, training taxes, interest taxes, birth
taxes, poll taxes, barge taxes, gas taxes, or registration fees by the
Government is forbidden, as well as any mandatory collection under any
other name.
To reduce the restrictions on the power of taxation in any way requires
a dissolution of the Government along with a change of the country's
name. This dissolution and renaming requires a 95% referendum vote.
We hope it is obvious that tariffs are considered a tax and
therefore illegal.
The reason that user fees may be requested by the Justice System
is to discourage frivolous cases. Justice is an Entitlement. If
it were free, people would use it more than services they had to
pay for, and the people's Liberty, as well as the efficient
administration of justice itself, would suffer.
B.Business: It is illegal for the Government to own, operate, subsidize,
donate money to, insure, or loan money to Businesses. This includes the
practice of a Government breaking a "monopoly" by launching a competing
Business.
This includes the selling of alcoholic beverages, running
lotteries, utility companies, delivering mail, running air
traffic control centers, educational companies, libraries, notary
publics, coroners, surveyors, orphans' homes, universities, and
charitable organizations.
C.Embassies: It is forbidden for the Government to run embassies or
appoint ambassadors.
It is not desired for the Government to get involved in foreign
entanglements nor for the Government to try to enforce its laws in
countries besides Oceania.
Embassies from other countries are accepted in Oceania but their
diplomats will not receive diplomatic immunity. Oceanians who
hold passports to enemy nations still retain all Rights of
Oceanians, even in time of war, and may not be detained or
confined. In particular, they have the Right to leave Oceania
without harassment if they choose to remain loyal to their
previous Government.
As to protecting Oceanians outside the country, this Constitution
encourages Oceanians to form and/or join private associations,
their purpose being the protection of Oceanians who are in
foreign countries.
Associations have the Right to engage in war with countries that
are not on the Government's official ally list.
D.Property: It is forbidden for the Government to own real Property, i.e.,
Land and buildings. Government leases of real Property may not exceed
ten years. Also, the Government may also not buy or lease any vehicles.
Government employees Must finance their own transportation. Government
employees Must finance their own housing.
E.Streets: It is forbidden for the Government to own streets or waterways.
F.Banking: It is forbidden for the Government to mint money or issue
stamps. It is forbidden for the Government to borrow money, even in
times of war. It may not assume the debts of any County, Locality, City,
or other corporation whatever. The Government may not lend money.
G.Schools: It is forbidden for the Government to run, fund, subsidize, or
regulate schools or universities.
To allow this would be in direct conflict with the Right to
Religion. Government-run schools and universities always
discriminate against one or more religions.
It is also forbidden to create any laws standardizing education or
defining what is or isn't an educational program. No laws may be created
stating the amount of time a student Must spend in any educational
program.
H.Welfare and Humanitarian Activities: It is forbidden for the Government
to have welfare programs including Social Security programs or any
redistribution or transfer schemes, or to give charity of any kind. It
is forbidden for the Government to give aid to other countries or to
help Oceanians or others after disasters. Likewise, it is forbidden for
the Government to run, fund, or subsidize hospitals or any other health
related programs. This includes institutions for the benefit of the
insane, blind, and deaf and dumb, and such other benevolent institutions
as the public may ask for. This includes helping Persons who, by reason
of age and infirmity, or misfortunes, may have claim upon the sympathy
and aid of society.
The one exception to this is that the Court of Oceania may hire private
mental hospitals for holding people who have been convicted of a crime
but are obviously insane and need more help than a jail can provide
them.
Finally, it is forbidden for the Government to receive aid from other
countries.
In particular, the Department of War Must never be used for
humanitarian activities. Private companies may Contract with
national reserve militias and mothballed militias to engage in
humanitarian activities as needed.
Charity at gunpoint is not charity. Only charity accomplished by
truly voluntary donations is good and moral.
Oceanians may not donate money to Government-run charities
because of the threat that such charities will eventually become
mandatory charities that Oceanians will be Forced to contribute
to.
I.Scientific Research: It is forbidden for the Government to run, fund, or
subsidize scientific research. This includes funding military research.
J.Police: It is forbidden for the Government to fund or subsidize police
with the exception of those servicing Government facilities.
K.Fire Protection: It is forbidden for the Government to fund or subsidize
fire departments with the exception of those servicing Government
facilities.
It is expected that Police and Fire protection agencies will be
mostly employed by insurance companies to protect their clients
and property with the goal of minimizing insurance claims.
Usually these insurance companies will be hired by Housing
Developments.
L.Garbage Disposal: It is forbidden for the Government to fund or
subsidize garbage disposal Entities with the exception of those
servicing Government facilities.
M.Public Transportation: It is forbidden for the Government to fund or
subsidize public transportation.
N.Emigration and Immigration: It is forbidden for the Government to refuse
entry into the country based on someone's place of birth or to otherwise
discriminate against Oceanians based on where they were born. Also,
people who wish to emigrate from Oceania will not be fined or penalized
in any way when they leave the country.
O.Insurance: It is forbidden for the Government to insure industries.
Examples would be insuring banks, pension funds, health of Oceanians,
and loans between individuals.
P.Eminent Domain: It is forbidden for the Government to give itself
eminent domain.
Q.Emergency Powers: The Right to a Writ of Habeas Corpus cannot be
suspended under any circumstances. The Government cannot pass a bill of
attainder, ex post facto law, pre facto law (law declaring all future
actions of a Person or Entity to be legal) or law impairing the
obligation of Contracts.
This was already covered in Article Two where it was shown that
the President has no Right to declare a state of emergency, but
considering the poor track record of Governments, it is detailed
again here.
The practice of passing laws declaring a Government office or
official to be guilty of no crimes retrospectively as well as
prospectively is particularly abhorred.
Violation of anything in this section is considered Treason and
is punished with the maximum penalties available by law.
R.Religion: It is forbidden for the Government to establish a national
religion or support any religion in any way or to deny the Right to
worship freely.
S.Records: It is forbidden for the Government to hold records on when
someone was born, or when ey died. This will be a job for the private
sector. Considering the importance of these records, it is suggested
that an individual store eir records with more than one private Entity.
It is illegal for the Government to conduct a census that asks anything
besides number of beings existing in a location, and it may not compel
even that information.
T.Art: It is forbidden for the Government to fund or subsidize art.
U.Prisons: Prisons are part of the Court system and are paid for and
controlled as are other Court Costs. The Court of Oceania may collect
voluntary donations and user fees as specified in Article Two for their
maintenance. It is strictly forbidden for any other agency of government
to create, run, or fund prisons, or to imprison or detain Oceanians.
All Prisons are private in Oceania and Courts Must have regular bidding
contests for the prison space they wish to use.
V.Multinational Organizations: The Government is forbidden to enter
treaties placing it under organizations which conflict with any of the
terms of this Constitution or Oceania's laws. Any treaty placing Oceania
within any multinational organization will become null and void upon any
action or agreement of said organization violating any terms of
Oceania's Constitution or laws.
See Article Four, National Security, for one exception to this
restriction.
W.Kidnapping: The Government is forbidden to kidnap Persons in other
countries not on its declared enemies list.
X.Rationing: The
Government is prohibited from taking control of items
away from Oceanians and then rationing the use of such items. Having
agencies such as water police is particularly abhorred.
ARTICLE FOUR
National Security
This article requires an 80% vote to reduce restrictions and an 80% vote to
add restrictions. Once Oceania has been in existence for 20 years or has
reached a population of 500,000 voters this article will require only a 66%
vote to reduce restrictions.
A.A Declaration of War may be effected in one of three ways:
The President, Commander in chief, Air and Space Force Commander, Army
Commander, and Navy Commander declare war by majority vote immediately
after an attack on Oceania. If one or more of them is killed by the
attack or is otherwise unavailable within fifteen minutes, (th)eir
vote(s) will not be needed.
A declaration of war referendum is passed by a majority of the Voters
and signed by the President.
A declaration of war referendum is passed by more than two-thirds of
the Voters.
In situation one, any of the four executives named may initiate
defensive attacks until there is time for the vote. In situations two
and three, the people who collect the signatures necessary for the
referendum or the President emself, if ey initiates the referendum, can
demand the referendum be held within seven days of this request. If it
is possible to hold the referendum even sooner, this Constitution allows
it to be held at an even earlier time.
B. Multinational Organizations: Oceania may, by a vote of its people,
become a member of the United Nations no matter what policies the United
Nations engages in. A voluntary fund may be created to pay for
membership fees of the United Nations. This will enable Oceania to gain
recognition as a country and therefore reduce the chance of invasion by
opposing forces. Of course, Oceania may not engage in actions as a
member that violate this Constitution.
The following restrictions on Rights have been made in the interest of
National Security:
C. The Right to Self-Defense is restricted by not allowing Oceanians to
own, produce, import, or export Weapons of mass destruction. At the
time of the adoption of this Constitution, this includes nuclear
Weapons, large-scale chemical Weapons, and biological Weapons. It is
felt that since such Weapons could be used to destroy the entire country
with just one application, they are too dangerous to the Rights of other
Property owners in Oceania. All other Weapons that are available at this
time are not considered Weapons of mass destruction, including personal
chemical Weapons such as mace and tear gas.
The Government may grant Licenses for the Privilege of working
with Weapons of mass destruction. For example, it may want these
Weapons for its own use or may wish to sell them to its allies.
D. The Right to Free Trade is restricted by not allowing Oceanians to
import or export mind-altering drugs to or from nations where they are
illegal. Importing is restricted because it can be difficult to
determine if a ship is importing or exporting a product. A Privilege
License would be allowed to import a mind-altering drug that is
currently not being grown or otherwise produced in Oceania. This License
would be granted by the Commander in chief of Oceania.
Of course, this does not apply to vitamins, medicinal drugs, or other
healthful substances. Marijuana would be considered a mind altering
drug.
The manufacture of such drugs for use in our country will never
be interfered with by the Government. The only reason for the
restriction on trade is that other nations often use the drug
trade as an excuse for military action.
E. The Right to Free Trade is further restricted by not allowing
Oceanians to export Weapons to nations or Entities that are on Oceania's
forbidden list.
The Government may create different categories on this list for
different types of Weapons banned to different countries or
Entities. It is the duty of the Commander in Chief to make such a
list, which may be modified by referendum.
F. The Right to Travel into the country may be restricted during time of
war. Travel through easements may also be restricted during time of war.
The Right to leave Oceania may never be violated.
G. The Right to Own and Operate a Business is restricted for owners of
airplane or ship registering companies whose clients fly the flag of
Oceania. Such companies may be prosecuted by the Government for
fraudulent actions because by flying the flag of Oceania they can be
considered to represent the Government of Oceania. Of course, an
airplane or ship registering company which does not authorize its
clients to fly the flag of Oceania may not be prosecuted in such manner.
And, finally, an airplane or ship that flies the flag of Oceania without
authorization by a ship registering company can be prosecuted in like
manner.
The same restrictions apply to passport providers since their
passports will be considered to represent the country of Oceania.
ARTICLE FIVE
Abortion
This Constitution recognizes that abortion is a conflict of Rights between
the mother and potential Child. It hereby declares that all abortions
during the first three months of pregnancy are unrestricted. Even a
pregnant Child may ask for an immediate abortion with no restrictions.
After three months, the Government may place restrictions on abortion with
the exception of endangerment of the mother's Life. These restrictions may
only be enacted through referendum.
In the case of frozen eggs, sperm, embryos, and fetuses, the frozen beings
have the same Rights as if they were not frozen, i.e., they may not be
destroyed if their unfrozen counterpart may not be destroyed. If funding
for these items ceases, then either private parties may continue funding or
these tissues may be destroyed. Public notice about the termination of
funding Must be made two weeks in advance of the funding cutoff.
A doctor who knowingly performs an illegal abortion will get one quarter
the penalty that the mother gets because ey will be an accomplice to the
crime. Therefore if the mother was sentenced to one year in jail and fined
100 grams of gold, the doctor would be sentenced to three months and fined
25 grams of gold. None of this would be deducted from the mother's
punishment.
ARTICLE SIX
Government Budgets
To encourage donations, all agencies will publish a list of all donors and
the amount of their donations at least once a year. Of course, donors may
request that the amount of the donations and/or their names be kept
confidential. Agencies may also issue receipts that can be displayed by the
donor.
The following budgets will exist and Oceanians may pick the specific ones
that they would like to fund. Transferring money among these budgets except
as specified below is a fraud against the people, i.e., Treason.
The Executive Budget (a general fund for payment of President, Vice
President, and staff).
The Department of War Budget (a general fund for this agency that
funds three agencies below it besides itself).
The Air and Space Force Budget.
The Army Budget.
The Navy Budget.
The Anti-Law Department Budget.
The following budgets should be mainly funded by user fees paid for by the
losers in Court decisions:
The Supreme Court Budget is a specific fund for this agency on the
Supreme Court level. Costs of maintaining juries, judges, secretaries,
etc., are included in this budget.
The County Court Budget has a specific fund for each County Court.
Costs of maintaining juries, judges, secretaries, etc., are included
in this budget.
The Local Court Budget has a specific fund for each local Court. Costs
of maintaining juries, judges, secretaries, etc., are included in this
budget.
The Local Grand Jury Budget has a specific fund for each local jury.
All these agencies may create subsidiary budgets for specific projects. Any
money left in the budget of a canceled project Must be refunded. Leftover
anonymous donations may be kept by the agency creating the defunct project.
ARTICLE SEVEN
Housing Developments
Throughout history, Governments have imposed harmful monopolies on their
citizens by deciding which "natural" monopoly will be used by the residents
of a particular community. This article is meant to end the Government's
ability to do this.
A Housing Development is the most powerful government-like structure in
Oceania although it is not part of the Government of Oceania. Decisions
made by the Housing Development can be by any method decided by the
original founders of the Housing Development, i.e., the people who
originally owned the land.
It is recommended that Land developers create a Housing Development, with
its rules enforced by deed restrictions, private covenants with neighbors,
or other private means, to manage the infrastructure of an area. Housing
Developments may enact zoning laws, building codes, clothing standards, and
other regulations. It may charge fees for police, fire, election,
sanitation, and other services. It may provide infrastructure such as water
(including treatment and fluoridation), drainage, sewers, gas lines,
communications, power, television, graffiti control, animal control,
disaster insurance, roads, and railroad lines. It may provide community
facilities such as swimming pools, golf courses, hockey rinks, gymnasiums,
baseball fields, football fields, and basketball courts.
Any services not provided by the Housing Development nor prohibited by it
will be the responsibility of any individuals who want the service.
Residents moving into Land that is part of a Housing Development, and Land
buyers buying pieces of such Land, Must be shown the deed restrictions and
regulations of the Housing Development before they make their buying
decision. Failure of the seller to disclose such regulations is Fraud.
While all of the above is a matter of Contract and mutual consent, the
reason that a Housing Development is considered part of the Government is
that Children born into the Housing Development are subject to its
regulations without their consent. When such Children become Adults, they
are still subject to the regulations of their Housing Development (but are,
of course, free to move).
If a Housing Development grows beyond 5,000 Persons, it Must be divided
into smaller ones within one year. We are concerned that a Person in a
larger Housing Development would have too little influence on eir
Government. Nothing prevents two or more Housing Developments from sharing
their laws, their resources, and otherwise behaving as one. The restriction
simply ensures that it would not take so many Persons to secede from such
an arrangement that it would be a virtual impossibility. It is also
strongly recommended that Contracts for the services above not last for
more than ten years so that the residents will have more control over their
infrastructure.
In a situation that effects more than one Housing Development, such as
moving the created land that more than one Housing Development is on, all
the Housing Developments must agree with the decision or no action may be
taken. There is no eminent domain in Oceania.
ARTICLE EIGHT
Secession, Addition, Reorganization
A County or local Government may secede from Oceania upon a 75% or greater
vote in favor of secession.
Secession means either breaking away from a County Government, or a local
Government, or the national Government, or any combination of these three
levels of Government. Parts of Oceania that secede from the national
Government would have to physically break away from Oceania and move
outside of its twelve mile territorial limit. The secessionists would have
to pay for the cost of doing this.
A majority vote would be needed to add Land to Oceania. This is the
necessary vote percentage needed by both the population joining Oceania and
by a general vote conducted in Oceania. Creating Land within the twelve-
mile territorial limit given by current international law does not require
a vote.
A County or local Government may be reorganized into two or more
territories upon a 75% or greater vote. If more than one County or local
Government is involved in the reorganization because the new territory
would span the borders of more than one County or local area, then a vote
would have to be taken in all the relevant counties and/or local areas.
Each County and/or local area would need a 75% or greater vote.
ARTICLE NINE
Ratification and Amendment
This Constitution may only be ratified by unanimous consent of the original
Land Owners of Oceania.
It may be changed by a 80% vote of all Voters except where otherwise noted
in the Constitution.
Such amendments shall be added to the end of the Constitution although
footnotes may be added to printed copies of the Constitution for easier
reference of these amendments.
ARTICLE TEN
Suggestions
The following suggestions have no Force of law:
A.Adding Land to Oceania: It is suggested that when Land is added to
Oceania, a 10% donation of its appraised value be made to the Department
of War. This will help the Government defend that Land.
B.Drug Testing: It is suggested that instead of testing someone for drugs,
a Person should be tested via a physical or mental task to see if ey is
capable of performing eir job.
C.Endangered Species: The best way to protect endangered species is to
have private groups buy the Land where the endangered species live.
D.Animal Plaintiff: Since the state is unable to be the Plaintiff except
in cases of Treason, it is suggested that animal Right's groups be the
Plaintiffs in animal Rights' cases.
E.Armed Forces: It is suggested that the armed forces challenge each other
in games of skill. There should be armed forces football teams, boxing
teams, and chess teams. They should be given a chance to prove
themselves on areas besides the battlefield and to become financially
self-sufficient.
F.Fire and Police Departments: It is suggested that fire and police
departments be combined to save money and personnel.
G.National Language: It is suggested that all Government documents be in
one language and that this language be English. This will reduce the
cost of running the Government. Private groups could, of course,
reproduce Government documents in other languages as the market demands.
