As conscious creatures possessed of various degrees of agency, we either unconsciously presume if we lack agency or deliberately answer if we possess agency, three questions upon which all others depend. The first question is why not to suicide? This choice is that of personal philosophy. The second question one must answer is why engage in cooperation rather than free riding, parasitism, and predation? This question is that of ethics. The third question, and one that a group must answer, is why engage in cooperation rather than free riding, parasitism, and predation? This question is that of politics.
The answer to all three question is that persistence of the opportunities of existence, of the returns on cooperation, and of the returns on the production of commons, are preferable to engaging in suicide, separation, free riding, parasitism, and predation, and the condition as a victim.
For these reasons we organize into partnerships of various kinds, including families, clans, tribes, nations; and territories, villages, cities, and polities; in the defense of, and for the advancement, of all;
And we do so to produce and preserve the returns on cooperation, where those returns result from increasing proximity and number, and then dividing our labors, whereby we produce habits and rules of order consisting of norms, traditions, institutions, processes, rights and obligations, by accident of circumstance, dictate, or Choice.
When Man makes such rules by Choice within the constraints of sovereignty, he produces a Contract consisting of processes, rights and obligations – because a contract of processes rights and obligations is the only possible means of producing rules under the condition of sovereignty.
On The Contract
A constitution consists of a contract by which the members of a polity are bound to its terms. In presumption, a constitutional contract is between all citizens for their shared behalf. In practice that contract is between the men who are willing to fight and of sufficient numbers, to preserve adherence to, and benefits from, its definitions, processes, rights and obligations, or to replace those those definitions, process, rights, and obligations with other anew. And all others are beneficiaries of the contract created by the men willing to use violence to prolong or to overturn the status quo in favor of an alternative order.
To provide incentives to produce and maintain all forms of capital, a Constitution consists of a contract of indefinite end. A contractual arrangement of indefinite end, is only valuable until a more preferable contractual arrangement arises – at which point it is in the individual familial, clan and national interest to exit the less preferable arrangement for the more preferable arrangement.
The minimum purpose of such a constitution is to produce sufficient returns from voluntary cooperation that the choice to continue cooperation under the terms of the constitution, is preferable to terminating that contact, and replacing it with one that provides superior returns.
In the absence of reciprocity and proportionality, men have no incentive to produce rights and obligations – they have the opposite incentive: to free riding, parasitism, and predation. The weak favor parasitic equality. The strong favor parasitic inequality. The just favor market meritocracy. And the Caring insure one another against the vicissitudes of nature.
All men are born with a wealth of both care and violence that they may increase, maintain, or lay fallow. It is this wealth of care and violence that men use to produce agreements under which they can cooperate – or to be the victims of those who engage in free riding, parasitism, predation, and familicide, genocide, culture-cide, and civilization-cide against them.
As such all men purchase the conditions of their existence by the means by which they spend their wealth of violence and care.
On Origins of The Terms
Western Civilization evolved on the eurasian plain and the forests of europe, and the shores of the Black, Baltic, North, and Mediterranean Seas. These people required land for farming, and grazing horses and cattle. Unlike the early river valley civilizations, that could concentrate production by irrigation, to produce taxation and rule, in a limited geographic area, they depended upon a voluntary, contractual, militia of kin led by professional warriors who used technology and maneuver to their advantage despite their small numbers, limited wealth, limited productivity of land, and distance from the center of world trade, and bronze age knowledge.
This contractual social order led to the uniqueness of western civilization’s institutionalization of contract in the combination of Individual Sovereignty, Truth, Duty, Reciprocity, and Customary Law of Tort, and Competition before a Jury of Peers, which together results in Markets for all aspects of life: cognition, grammar, association, cooperation, reproduction, production, commons, and polities – producing the most rapidly adaptive and evolutionary condition. And the consequence of this combination, was the circumvention of monopolies and resulting parasitism and stagnation in all aspects of life producing aristotelian reason, science, adaptive velocity faster than the rest. Western civilization specialized in competition and maneuver.
The consequence of this civilization, was to rapidly drag the rest of mankind, against its will, one counter-revolution at a time, out of ignorance, sophism, superstition, pervasive violence, hard labor, poverty, starvation, disease, child mortality, early death, the vicissitudes of a nature in a universe uncaring if not hostile to all life other than the gods we imagine.
( … (fragility), but like all liberal (naval, trading) orders … except once invaded by attractive and debilitating authoritarian monopoly falsehood. )
On The Failures
The failure of the Constitutional Age has been caused by overestimation of man, denial of our incremental eugenic domestication of man, the lack of rigor in the construction of those constitutions, the pretense of benevolence by their creators and administrators, the malincentives that each of these frailties creates, and the natural tendencies of all organizations of all scales to maximize rents and exploit all opportunities to the point of failure at costs to human, institutional, and territorial capital, until unable to adapt to changes, innovations, or shocks, and the failure to adapt to the industrialization of lying made possible by academy, state, bureaucracy, media, entertainment and commerce.
Correction of The Failures
2) There exists only one universal law of human cooperation. We call that law ‘natural law’. That natural law consists in reciprocity. Reciprocity requires satisfaction of the criteria (a) fully informed, (b) productive, (c) warrantied, (d) voluntary transfer, (d) free of imposition of costs upon the interests of others by externality. Where one can obtain an interest by bearing a cost (performing an improvement) for the purpose of obtaining an interest; and one can have no interest until one has born a cost to obtain such an interest.
3) This one law (reciprocity) provides decidability independent of opinion, preference, custom, or presumption of good, and is the reason international law is governed by reciprocity it is the only rule that provides reciprocal (equal) incentive against retaliation for the imposition of costs upon one another. Law evolved, from the first record, to the present, for the purpose of preserving the volume, velocity, and returns on cooperation, and preventing cooperation’s opposite: retaliation cycles that throughout history have produced the deleterious effects of feuds.
4) Our Customary Law consists of the discovery and accumulation of applications of this law of reciprocity that we call Tort law. Legislation (command) and regulation (prior constraint) have been given the FORCE of LAW by those whose profit interest – either the population (preservation of returns on cooperation) or the territorial rulers (returns from taxation).
5) The primary function of RULE has been the preservation of cooperation by use of organized violence to suppress impositions of costs upon the investments of others. This is the role of insurer of last resort of Personal Interests.
6) The primary function of GOVERNMENT has been the construction of commons and the extraordinary returns produced by commons, while insuring those commons from privatization of commons, socialization of losses into the commons, by the organized use of violence. This is the role of insurer of last resort of the Commons.
7) The primary function of the STATE, particularly with the advent of paper currency, and now fiat (unbacked) currency (our money consists of nothing but shares in the economy) has increasingly evolved to function as the insurer of last resort against the Hazards of the vicissitudes of nature (disasters, tragedies, accidents, disability, health, old age, and even war).
8) Rights can only exist (a) by reciprocal exchange of the same obligation, and (b) when insured by a third party with sufficient organized violence to insure and reinforce them. Otherwise they are not rights but impositions by means of command. It is correct to say we create a market ‘demand’ for natural rights, and we create a market demand for human rights, but those rights do not exist until we organize sufficient violence into roles and institutions to insure those rights: police, sheriffs, soldiery, judges, and the law.
9) Human rights consist of AMBITIONS that we demand from the Governments of States in order to tolerate their retention of a monopoly of control over a territory. They exist as a postwar attempt to constraint governments to improving their territory, people, and assets by market means, without imposition upon their neighbors. Such rights, likewise, do not exist. But are merely an ambition.
10) The universal declaration of human rights contains a few provisions that were necessary to obtain the signatures of the then-communist states, that asserted positive rights (obligations to provide for one another without constraint on the reproduction that exhausts the ability to provide for others, and therefore results in the gradual dysgenic decline as we reverse thousands of years of upward redistribution of reproduction back down to the underclasses who are not able to produce sufficient market goods and services to exist without harming the reproduction of the middle and upper classes.) [note: we have reversed the flynn effect and have, even in china, been losing a third of a point of intelligence over a fairly short number of years. The productivity of a people is reducible to the median of the population’s cost of education and training, such that every point below what is today’s 105 and tomorrow’s 110 places an intolerable burden upon the rest of the polity.]
8) Our American constitution persisted the anglo saxon, germanic, proto-germanic (and possibly proto-indo-european) law of sovereign men limited to acts of reciprocity, and licensed the government to act in their interests to preserve their sovereignty (the original text being ‘life, liberty, property’). Unfortunately at the time the techniques of formal logic, strict constriction from first principles, were not known. We are no longer limited, and there is no reason any and every law cannot be constructed formally from the natural law of reciprocity, producing a complete, consistent, and easily falsifiable body of adjudicatable law. There is no reason any and every act of legislation, and any and every act of regulation, cannot be so constructed. The principle difference under such formal construction is that the one law, discovered application of the one law, regulation to limit hazards of those actions not open to restitution, and CONTRACTS for the production of commons would be consistent, and as such the government could only issue contracts under law, not edicts above that law. (This would destroy the left’s ability to usurp power by democratic means).
9) The uniqueness of Western Civilization is reducible to:
(a) a militia that constitutes the shareholders,
(b) individual sovereignty of shareholders,
(c) the demand for truth before face, competence or dominance hierarchy, duty regardless of cost, and reciprocity regardless of cost, and mutual insurance of our sovereignty regardless of cost.
(d) And sovereignty results in the necessity of markets for association, cooperation, reproduction, production, commons, and polities.
(e) Such markets, can only be adjudicated by the law of tort,
(f) Such markets adapt to change faster and more beneficially than all other methods of human organization.
(g) This rapidity of adaptation and resulting insulation from corruption and rent seeking that made the west develop faster than the rest in both the ancient world and the modern, with the Abrahamic Dark Age of the Jewish, Christian, and Muslim attacks on the great civilizations, providing the only hindrance.
Once north sea trade was reestablished, the Saxon commercial order constructed in europe, and the atlantic opened to the age of sail, the west was finally, by the age of napoleon, able to return to Roman levels of institutional sophistication, and universal imposition of law. [note that the west had fertile lands and forests but no flood river valleys to concentrate production, concentrate people, and develop taxation. So while the ancient world could form armies by taxation, western people had to form militias that relied on advanced (at the time) technology that required whole families to pay for. These militias (cattle raiders, sea peoples, vikings, pirates, european explorers ) organized expeditions (raids) but did so voluntarily. There was no other means of organizing other than contract. It was this order that led to our law, our debate, our reason, and from there our science and technology. Western excellence is due to our law – which elsewhere is not contract but command.
10) The feminine instinct in political intuition tends toward herd behavior, and the male instinct towards the pack behavior. The Herd lies to mask what is merely theft – they rely on postmodernism (lying by sophistry), and they rely on marxism (pseudoscience) as well as freudian and boazian pseudoscience. So yes, the Herd (Equalitarians) lie, but the Packs (Meritocrats) cannot tell the truth, even though the truth is quite simple: the reason for the success of western and eastern civilizations, has been the upward redistribution of reproduction, and the use of manorialism, taxation, prosecution, and the vicissitudes of nature to limit the reproduction of the underclass until such point that surpluses are sufficient to continually increase the standard of living through continuous market competition and innovation. Man was not oppressed. The man self domesticated through the same process he used for plants and animals: breeding the best and culling the rest. This is the dirty secret of successful civilizations.
11) Sovereignty, Truth, Duty, and Reciprocity produce markets, and markets are eugenic. They are just a peaceful form of eugenics rather than war, enslavement, enserfment. By use of Sovereignty, Truth, Duty, Reciprocity, and Markets western man in the ancient world, and in the modern, dragged humanity kicking and screaming out of ignorance, superstition, hard labor, poverty, starvation, infant mortality, early death,
13) The most profitable action any polity can take is to institutionalize benevolent eugenics, and that is to pay the underclasses not to reproduce, and to limit all immigration to skilled professionals, and to push the young and old into the labor force in the less demanding occupations. This is the lesson of our experiment with universal democracy and marxist-postmodernist globalism: dramatic reversal of centuries of civic improvement. At present only the east asians are willing to pay the costs of retaining their accumulated achievements. The eugenicists were right and in retrospect it appears that the Boas, Marx, Freud, Frankfurt, and French Postmodern movements were but reactions against Darwin, Maxwell, Menger, Spencer, and Nietzsche. And the entire postwar period has been nothing but a pseudoscientific and pseudo-rational attack on western civilization – an effort to repeat the destruction of the civilizations of the ancient world by the same means – false promises – this time with pseudoscience and sophisms using the major media instead of supernatural sophisms using roman roads and greek writing.
14) eugenic evolution is against the intersets of the Herd.
14) democracy creates a monopoly that is only sufficient for selection of priorities. Markets are necessary for cooperation on means despite different ends.
17) Value of scale for insurance of last resort, harm of scale for diversity of commons.
15) and we are prosperous enough to go our separate ways.
16) and the big sort has already happened and will continue
We are faced with a number of choices:
1. A bloody civil war to prevent the genocide – the bloodiest in history – with an unknown outcome.
2. The genocide of the european peoples and culture-cide of their civilization if the minority wins its attempt to create a monopoly.
3. A reconquest of the territory and rule if the majority wins its attempt to restore monopoly.
4. A deliberate devolution into the states to allow for variation in political preferences between peoples.
Given the restoration of the world balance of civilizational powers given collapse of european competitive advantages.
Given the Remains of the British Empire and our Common interests.
Given the Condition of North America and South America
Given the condition of The United States of America
Given the options for organizing a polity:
1. Private Ownership (Fief, Kin): A Privately Held Territory.
2. Nation, National (Commons, Homogenous): A Commonly held territory between kin.
3. Nation State (Corporation, Homogenous): Corporation with commonly held assets between kin.
4. State (Corporation, Heterogeneous): a corporation holding assets between heterogeneous peoples, with or without right of territorial exit.
5. Confederation, Confederated (Alliance, Homogenous): An alliance of independent kin and culture states by treaty, with right of territorial exit.
6. Federation, Federated(Organization, Homogeneous): A hierarchy of States or Nation States with separation of powers between the states and the central government. With or without right of territorial exit.
7. Empire, Imperial (Organization, Heterogeneous): A Hierarchy of heterogeneous states with separation of powers between the states and the central government, and no right of territorial exit.
Only an Empire is both possible in practice and truthful in expression.
This Constitution shall transform the United States into:
1. An Imperial State Corporation, holding the territorial assets of the United States and is Possessions, wherein exists no territorial right of exit from that Empire.
2. Ruled by Nomocracy, consisting exclusively of the functions of insurer of last resort, limited to: A Judiciary that resolves disputes between the states, and where such disputes are limited to physical property, transport and trade. The Military. The Treasury
3. With States and Nation States, each producing the commons preferred by their People.
4. Where States Form, Dissolve, and Confederate into Regions of common interest.
Resulting in a devolution of nearly all powers of the Federal Government to the states. And restoring the United States to the Founders vision reflecting the many ancestral States of Europe, from which the people benefitted from State competition. And providing restitution of sovereignty to the peoples of those several states.
( … )
The United States Constitution Shall be Amended as Follows:
Regarding the Articles:
Articles I, II, III, IV, V, VI, VII are Repealed, and new provisions stated herein.
Regarding the Amendments:
- Amendment I is repealed and its new provisions stated herein.
- Amendment II is repealed and its new provisions stated herein.
- Amendment III is repealed as redundant given provisions herein.
- Amendment IV shall stand, but its provisions further clarified herein.
- Amendment V shall stand, but it’s provisions further clarified herein.
- Amendment VI shall stand, but it’s provisions further clarified herein.
- Amendment VII shall stand, but it’s provisions further clarified herein.
- Amendment VIII shall stand, but it’s provisions further clarified herein.
- Amendment IX (Retained by the people) shall be repealed and it’s new provisions stated herein.
- Amendment X (Retained by the States) is repealed and its new provisions stated herein.
- Amendment XI (Sovereign Immunity) is repealed and is new provisions stated herein.
- Amendment XII (Presidency) is repealed and alternate provisions stated herein.
- Amendment XIII (Slavery) shall stand, with new provisions for artificial life and intelligence stated herein.
- Amendment XIV (Reconstruction) is repealed, with prejudice as an act of violence against the people, as unconstitutional, and all acts that descend from it repealed and nullified with prejudice.
- Amendment XV (Voting) is repealed with prejudice, as an act of violence against the people, and all acts that descend from it repealed and nullified with prejudice.
- Amendment XVI (Income Tax) is repealed and new provisions stated herein.
- Amendment XVII (Senators) is repealed and new provisions stated herein.
- Amendment XVIII (Prohibition) was repealed by the twenty first, and shall remain repealed.
- Amendment XIX (Sex) is repealed and new provisions stated herein.
- Amendment XX (Dates) is repealed and new provisions stated herein.
- Amendment XXI (Repeal) is repealed as redundant and no longer relevant.
- Amendment XXII (President) is repealed as no longer relevant.
- Amendment XXIII (DC) is repealed as no longer relevant.
- Amendment XXIV (Poll Tax) is repealed as no longer relevant.
- Amendment XXV (Presidential Succession) is repealed as no longer relevant.
- Amendment XXVI (Voting Age) is repealed as no longer relevant.
- Amendment XXVII (Compensation) is repealed as no longer relevant.
The Introduction, The Declaration, and This Constitution and its Articles shall constitute the Full Body of This Constitution for any and all purposes. And exists in continuity as under the Common Law of England before it, as the Rights of Anglo Saxons before them, as of the Common Law of the Germanic Peoples before it, as of the Traditional Law of our Ancient Ancestors before all: The Law of Sovereign Men.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; shall be the supreme Law of the Land; and the Officers, Judges or proxy thereof, shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.
In any conflict with between prior Acts, including not limited to Legislation, Regulation, Findings of Law, or Opinion, or any variation thereof, This Constitution shall be superior to and nullify any and all contrary acts, both in action, word and spirit.
This constitution, being of natural law, above that of the reason of Man, All People and such Artificial Constructions of Choice that serve human function, regardless of station, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution, and never advocate or act against it, upon pain of permanent death and destruction.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the previous Constitution of 1789, as under the Confederation before it.
This Constitution consists in a Treaty containing of the Terms of Settlement of the Second Civil War; the alternative to which is fratricide never before seen on this earth, and consequences that would create war, poverty, desolation the world over; and as such requires no ratification – as those who would veto the Natural Law have no justification but the unethical, immoral, and evil – and as such are compelled.
This Constitution is hereby Ascended on this,
The _____ Of ___________ Of the Year _________.