The Freeman State

Article 10: Bill of Rights

 

 

Many erroneously believe that rights are granted to them by government.  Some rights are, and these are called civil rights, or benefits and privileges; but those we hold most dear - our natural rights - derive from a higher power than mankind (be it God or Nature).  They are inherent, unalienable (i.e. "not a lien-able right"), and would exist with or without government.  That a "bill of rights" is attached to a Constitution means that these are rights that the government owes its protection and is thus ordered by the people to protect (hence, a bill).

 

 

 

Table of Contents

 

• Introduction

• Preamble

• General

• Status

• Security

• Liberty

• Family Life

• Judicial Procedure

• Labor and Trade

• Ecology

• Signatures

 

Click on the above links to be taken to that section.

 

 

Preamble

 

No government can long be made to serve the people without their constant vigilance.  In order to remain free, the people must know their rights and press their government to uphold them.

 

In other times and places, the rights of man and the role of government have often been at odds, owing to misunderstanding of the nature of the one or the role of the other.  Indeed, the natural rights of man are derived from powers greater than mankind, rather than from government, and all States are instituted among men for their benefit, deriving their just powers from the consent of the governed, who entrust in them certain powers to defend their rights.  Therefore, as history is replete with examples of government growing wildly beyond its scope and authority, it is necessary to herein establish a Bill of Rights to guarantee the preservation of the rights of man against the overreach of government.

 

 

General

 

1. The express listing here of certain rights shall not be construed to deny or disparage others retained by the people.

2. Nothing in this Constitution shall be interpreted as implying for the State, or any group or person, any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

3. The State shall have no standing to interfere in anyone’s affairs affecting only himself and where none are aggrieved.

4. Everyone has the right to waive any or all rights instituted for their benefit; and the waiver of any right shall not be construed to deny or disparage others yet expressly or implicitly reserved.

5. All debts contracted, and engagements entered into, before the adoption of this Constitution shall be as valid under this Constitution as they were before it.

6. The right to freely contract or not contract with other parties shall not be infringed, except where a prior duty, lawful in scope, compels or forbids it; and the right to seek lawful enforcement of any and all contracts shall not be denied or disparaged; for agreement and exchange are the basis of all manmade law, being extensions of the natural principles of mutual and commensal symbiosis. 

7. The use of certain pronouns in this Constitution shall not be construed to deny or disparage anyone of any right on account of sex or plurality.

 

 

Status

 

1. The rights and freedoms set forth in this Bill of Rights shall not be denied or disparaged on account of race, color, sex, language, nationality, religious or political affiliation, social origin, or property held.

2. No one shall be deprived of the right to recognition as a person before the law.

3. No one shall be denied the right to equal protection under the law.

4. No one shall be arbitrarily deprived of his nationality.

5. No one shall be obliged to identify himself to any officer or agent of the government, except in open court where oath or affirmation will suffice to establish his identity; or at the time of voting for or holding of public office, where only the person’s name and eligibility will need to be proved; or as part of a reasonable background check to qualify for government employment or enlistment in the Armed Forces; or in applying for benefits from the public trust wherein certain eligibility requirements shall need to be proved, excluding the exercising of those rights guaranteed by this Bill of Rights; or while within the National Zone.

6. The Senate shall make no law abridging the rights of any living man or woman on account of any technological augmentation to their person.

 

 

Security

 

1. No one shall be arbitrarily deprived of life, liberty, or security of person.

2. The right to bear arms shall not be infringed, except in cases of felony conviction or mental illness - as determined by competent tribunal - where the public safety may require it.

3. No member of the Armed Forces or the militia shall, in time of peace, be quartered in any private house or other building without the consent of the owner; or in time of war or exigency, but in a manner to be prescribed by law.

4. No one shall be subjected to arbitrary interference with his privacy, family, home, effects, property, or correspondence; or to attacks upon his honor and reputation; and the right to the protection of the law against such interference or attacks shall not be denied.

5. No warrants shall issue for searches and seizures, but upon probable cause of a crime, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

6. The right to own property alone, or in association with others, shall not be infringed; and no one shall be deprived of his property without due process of law.

7. Anyone holding title to land has the right to presumption of allodial title to that land, and anyone in possession of property has the right to presumption of title to that property; and the State shall operate on this presumption until the contrary is proved.

8. In all eminent domain cases, no property may be taken for public use without just compensation and preliminary proof of substantive public benefit; and if, after being awarded the property and holding it for seven years, the State cannot demonstrate substantive improvement to the property, or that its usage has been more beneficial in public hands than it was in private hands, it shall forfeit all claims to said property, and the same shall be returned to its former owner, or otherwise sold at public auction if it cannot be reasonably returned.

9. The right of the people to peacefully record the police acting in official capacities shall not be infringed, except in the case of undue harassment or where such recording inhibits the officer from performing his lawful duties.

10. In all intellectual property cases - particularly those pertaining to artificial or patented forms of life – the burden of proof shall lie with those claiming infringement; and the State shall protect defendants against unreasonable claims, particularly in such cases wherein said property shall have moved onto the property or land of a defendant, or otherwise into his possession, by natural means rather than as a result of inducement or provocation on the part of the defendant.

 

 

Liberty

 

1. No one shall be held in involuntary servitude, except as punishment for a crime; and slavery and the slave trade shall be prohibited in all their forms.

2. The right to freedom of movement, and of peaceful travel by any means, shall not be infringed.

3. The right of anyone to freely enter or leave [COUNTRY] shall not be infringed, unless upon probable cause of a crime, supported by oath or affirmation; or in consequence of due process of law, as in the case of deportation, exile, or flight risk; or in the case of epidemic, invasion, or disaster where the public safety may require it - but such restrictions shall be limited to the duration of the exigency.

4. No one shall be subjected to arbitrary arrest, detention, or exile.

5. The right of detainees to petition for a Writ of Habeus Corpus, or to demand proof of authority of any officer or agent of the government, shall not be denied or disparaged.

6. The Senate shall make no law abridging the right to freedom of thought, speech, or expression; nor shall they make any law abridging the freedom to seek, impart, or otherwise exchange information or ideas through any medium.

7. The Senate shall make no law establishing a national religion or prejudicing the rights of any religious organization.

8. No one may be compelled to participate in any religious or spiritual worship, teaching, ceremony, observance, or other such practice against their consent; nor shall they be prohibited from the free and peaceful exercise of the same; and where a significant diversity of religious or spiritual views coexist in public matters, the State shall encourage the people to adopt reasonable respect of said views.

9. The right to freedom of peaceful assembly and association shall not be infringed; and no one may be compelled to belong to an association.

 

 

Family Life

 

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State; and the State shall endeavor to avoid the undue disruption of family life whenever possible.

2. Except in the case of fraud, the State shall not deny the validity of any marriage entered into with the free and full consent of the intending spouses - for marriage is a matter of law and religion, whereas civil union is a matter of law only; and all marriages are civil unions, but not all civil unions are marriages.

3. The right of men and women of full age to marry and to found a family shall not be denied or disparaged on the basis of race, nationality, or religion; or for motives of purely financial convenience or desire for citizenship, provided no fraud or other crime is committed in the process; and they are entitled to equal rights as to marriage, during marriage, and at its dissolution.

4. Motherhood and childhood are entitled to special care and assistance; and the State shall not deny any parental right to any parent, whether single or married; nor deny any right or protection to any child, whether born in or out of wedlock.

5. Parents have a prior right to act as agent for their children in all matters of law; and the State shall have no authority to interfere with this right, or to remove a child from its family, except upon probable cause that the child is in imminent danger as a result of willful neglect by its parents, or on the testimony of two witnesses to the same abusive action.

6. Parents have a prior right to choose the kind of education and medical care that shall be given to their children and shall not be arbitrarily deprived of that right.

7. No one shall be denied the right to pursue their own full development and holistic education, or to direct the course of their own well-being, or to seek the best possible care in aid of their own survival.

8. The rights of parents as expressed herein shall extend equally to adoptive parents, guardians ad litem, and all other equivalent forms of guardianship.

9. In cases concerning the unborn, the State shall recognize the right to life as beginning at the point of sentience, as determined by the best scientific knowledge available; and it shall endeavor to provide assistance needed to deter abortion whenever possible, and to take due consideration of all just factors when it cannot.

 

 

Judicial Procedure

 

1. The right to an effective remedy by a competent court of justice for acts violating the fundamental rights guaranteed anyone by this Constitution, or by law, shall not be denied or disparaged.

2. The right of the people to seek private forms of dispute resolution shall not be infringed, subject only to agreement by all parties involved in the matter.

3. No one shall be compelled to answer a charge where a harm or breach is wanting.

4. No one shall be compelled in any criminal case to be a witness against himself.

5. The right to trial by jury shall not be denied in suits at common law.

6. Everyone charged with a penal offense has the right to be presumed innocent until proved guilty, according to law, in a public trial at which they have had all the guarantees necessary for their defense.

7. Everyone has the right to know of any charge or claim levied against them, and of the evidence supporting it; and to have compulsory process for calling witnesses in their favor; and to face their accuser, and those witnesses against them.

8. Everyone has the right to seek the assistance of counsel or agency in their defense by one learned in the law – and to grant to anyone of their choosing the power of attorney in any matter of fact or law, excepting those which naturally require them to appear in their proper person – but only those professionals so-authorized by law may be allowed to seek remuneration for legal services; and the State shall have authority and discretion to appoint amicus curiae to defend anyone unable to secure such assistance.

9. The right to a fair and public hearing, and to a speedy and public trial, by an independent and impartial judge shall not infringed; and such hearings and trials shall be in the place wherein the offense shall have occurred, or as determined by law if not committed in any particular place.

10. No one shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury - except in cases arising in the Armed Forces, or in the militia when in actual service in time of war or public danger.

11. No one shall be subject for the same offense to be twice put in jeopardy of life or limb; neither shall excessive bails be required, nor excessive fines imposed; nor shall torture or inhumane confinement be inflicted; and all punishments shall be in equal measure to the offenses committed, without being unjustly cruel or unusual.

12. No one shall be held guilty of any penal offense on account of any act or omission, which did not constitute a penal offense at the time when it was committed.  Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offense was committed.

 

 

Labor and Trade

 

1. The right to equal access to any public service for equal price shall not be infringed, subject only to the limitations of available supply.

2. No one shall be arbitrarily deprived of their right to work, or arbitrarily denied the right to free choice of trade.

3. The right to equal pay for equal work shall not be denied or disparaged.

4. The right to just and favorable remuneration for goods sold or services rendered shall not be denied or disparaged.

5. No one may be compelled to work unreasonable hours or under unreasonable conditions against their consent.

6. Everyone has the right to freely and peacefully participate in the cultural life of the community, to enjoy the arts, and to share in scientific advancement and its benefits; and the State shall endeavor to avoid disrupting it whenever possible.

7. The right of anyone to the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which he is the author shall not be infringed.

8. No preference shall be given to any tradesman or business except in consequence of their reputation, costs, quality of work, and other just factors in the normal course of business.

 

 

Ecology

 

1. The right of men and women to equal opportunity to hunt and fish for wildlife shall not be infringed, subject only to such limitations as may, by law, be reasonable and necessary to preserve any species against extinction.

2. The right of men and women to kill wildlife for food, clothing, self-defense, or protection of property shall not be infringed.

3. The State shall endeavor to prevent abuse and cruelty to animals in all their forms.

4. The right to grow plants and to raise animals on one’s own land, and to use or dispose of the same, shall not be infringed.

5. The right to collect and harvest rainwater, wind, sunlight, and other such renewable resources, which cannot be depleted, shall not be infringed.

6. The State shall endeavor to use ecologically sustainable practices in all its activities, and to minimize its impact on the environment whenever possible.

 

 

Signatories

 

In witness whereof, we, the duly appointed representatives of the free people of [COUNTRY], do herein subscribe our names:

 

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