Forum Post: The Common Law Republic

The authority of government, even such as I am willing to submit to—for I will cheerfully obey those who know and can do better than I, and in many things even those who neither know nor can do so well—is still an impure one: to be strictly just, it must have the sanction and consent of the governed. It can have no pure right over my person and property but what I concede to it. The progress from an absolute to a limited monarchy, from a limited monarchy to a democracy, is a progress toward a true respect for the individual. Even the Chinese philosopher was wise enough to regard the individual as the basis for the empire. Is a democracy, such as we know it, the last improvement possible in government? Is it not possible to take a step further towards recognizing and organizing the rights of man? There will never be a really free and enlightened State until the State comes to recognize the individual as a higher and independent power, from which its own power and authority are derived, and treats him accordingly. I please myself with imagining a State at least which can afford to be just to all men, and to treat the individual with respect as a neighbor; which even would not think it inconsistent with its own repose if a few were to live aloof from it, not meddling with it, nor embracing it, for fulfilled all the duties of neighbors and fellow-men. A State which bore this kind of fruit, and suffered it to drop off as fast as it ripened, would prepare the way for a still more perfect and glorious State, which also I have imagined, but not yet anywhere seen. –HDT, Civil Disobedience

This is my response to Mr. Thoreau:

All persons whom are born equally free and independent do hereby establish The Common Law Republic whose purpose it is to ensure individual sovereignty, the right of freedom and to protect the property and privacy of all people

Neither this nor any other government shall have the inherent right to exist; government shall only exist if consented to do so by all of the people who shall exist under said governments.

Considering that the concept of race is of human construct, neither the following nor any law established in its name shall take any division of race or ethnicity into account when determining the merits of said laws or any amendments which may follow; this being said, all members of the human species shall be recognized as “persons” and/or “people” under the law.

I. The body composing The Common Law Republic shall be known as The Collegium i. The Collegium shall also periodically be known as the “Committee of the Whole”

II. The Collegium shall have the power to propose and pass common laws, to constitute juries which judge civil and criminal affairs, and to judge the validity of the common law i. Quorum must exist for laws to be proposed or passed ii. The Collegium shall decide what constitutes a quorum. iii. For a new law to pass, a vote must be called and there must be a consensus in the affirmative for the proposed law to pass iv. The Collegium shall decide what constitutes a consensus. v. Persons serving in both Criminal and Civil juries shall have the status of a tribunal which may judge the common law vi. The Speaker shall oversee all trials of Civil and Criminal matters vii. A number of judges that are to be both elected by the people and appointed by the Speaker shall preside over minor trials and small claims courts viii. Every law passed through the Collegium shall be judged of its validity

III. The Collegium shall a elect a Consul and a Speaker i. Any person may stand for the election to become either the Consul or the Speaker ii. The Consul shall hold their office during good behavior iii. The Speaker shall be elected at the first session of every other year iv. The power of the Speaker is to decide whose turn it is to speak in the Collegium and to summon, recess or adjourn a session of the Collegium v. No Speaker shall ever compel any person from appearing in the Collegium for the purpose of lawmaking vi. A Speaker may be elected an unlimited amount of times, but shall not be able to serve consecutive terms vii. If the Speaker fails to appear at a session or is unable to find a suitable replacement, then the chair may be declared vacant and a new Speaker may be elected to finish the term viii. The Speaker shall appoint several associate chairs to chair meetings which the Speaker may not be able to attend for any reason ix. The Speaker shall appoint a Herald, who shall perform the readings of proposed bills to the Collegium x. The Speaker shall appoint a Counsel, who shall prepare the Warrant and answer any legal questions that may come up during the course of a session xi. The Speaker who is chairing a proceeding shall not participate in any vote, legislative, judicial or otherwise xii. The Consul may call for an Extraordinary Session xiii. The Extraordinary Session is subject to the liberum veto, which would end the Extraordinary Session immediately. xiv. During an extraordinary session the Consul shall be able to exercise all power necessary and proper over the Collegium xv. The Consul must remain in the Collegium at all times during the duration of the Extraordinary Session

IV. All persons shall have the right of Locus Standi i. All persons requesting to stand shall be heard by the Collegium ii. Each person shall only stand once during a session iii. The Consul shall always be the first person recognized by the Speaker during any session iv. No restrictions shall be put on the length or content of the speech of any person v. All speeches shall be directly addressed to the chair and not to anyone else vi. The first person after the Consul recognized by the chair shall be entitled to be heard vii. After speaking each person shall give up their spot for someone else to be allowed to stand viii. Any person whom wishes to stand in absentia shall be able to request to have an absentee brief read to the committee of the whole ix. Absentee briefs shall be heard after all persons present wishing to stand have stood x. Absentee briefs are to be read in whole be the Speaker or the Herald

V. The Collegium shall be made up of persons who are willing and able to participate in the governance of the collegium i. All persons participating in the Collegium must be able to decide for themselves ii. No person shall represent the opinion of another iii. Any person whom decides that they can properly represent themselves in the Collegium, they shall announce to the Collegium that they are now a citizen and that they can vote and participate in the Collegium iv. No person shall ever be required to pledge allegiance to any government, person or symbol thereof

VI. The rights of Life, Liberty and Property shall constitute the basis for the common law

VII. The Collegium shall be held in Genius Loci i. The Collegium shall meet at any reasonably accessible location ii. Meetings of the Collegium may take place as often as necessary although it must meet at least four times a year, once in December, once in March, once in June and once in September iii. The Collegium shall not meet on Sundays except in extraordinary circumstances iv. All meetings of the Collegium are to begin at dawn v. The business of the Collegium shall not be limited to a single calendar day and a session shall meet over the course of several days if necessary or until all business is concluded