Constitution auhorizes declarations of emergency

The U.S. Constitution states:

[Congress shall]  provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; Art I Sec. 8.

Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;

This last clause is key. The President has authority to call up the militia, and call-ups of militia are for emergencies, not to do the job of the regular military, which is provided for elsewhere. So to call up the militia is to declare an emergency.

So can the President declare an emergency without calling up the militia? All U.S. citizens, including government employees and contractors, are militia. Directing them to reallocate funds for defense is to act within that power. No special statutory authority is needed.

So are entries into the U.S. without consent an invasion? Yes.  Any such trespass is an offense against the law of nations, which Congress has the power to define and punish. They have done that, although first-time simple entry is merely a "deportable offense", a kind of misdemeanor. However, reentry after having been deported is a felony.

It does not need to be an armed force to be an invasion. A child chasing a butterfly across the border is an invader. It also doesn't matter whether the invaders are, or can be expected to be, criminals. Peaceful people seeking work are also invaders, if they enter without consent.

So is the situation on the southern border an emergency? If it were only a few a day, no. But thousands flooding the border, faster than they can be managed, is an emergency.

Does it matter that the thousands are seeking asylum? No. U.S. law only recognizes political asylum, not economic asylum. Most of those  thousands are economic refugees. If they are fleeing criminals or corrupt officials, then they have the duty to fight in their own countries, not in ours.

What is the President's alternative? He could station troops along the border with orders to repel invaders with deadly force. He could erect gun turrets every few hundred yards. That would be more expensive than a wall. Do opponents of a wall really want invaders to be repelled by automatic weapons? Democrats would not get many votes from those.

A clue to the ambitions of many illegal entrants can be found in an exchange with a border rancher, who ordered them off, saying "This my land!" One of the invaders replied, "No, this is our land."\

In other words, the invaders are trying to conquer the U.S., a few acres at a time. They already have gained de facto control over large areas, extorting from Americans and calling it "rent". That is largely how the cartels make much or most of their money in their home countries. Selling narcotics is becoming less important.

So the real issue is, do we want our country to be ruled by the criminal cartels?


Proposed calendar reforms

Report on Calendar Reform

We hereby submit this report to the nations and churches of the world. Our findings are as follows:


The actual length of a month is 28 days. That means there are approximately 13 months in a year. 28 x 13 = 364, or one day short of a year. The ancient custom of only counting 12 months in a year needs to be abandoned.

We propose the following names for the months, taken from Attic Greek, with abbreviations:

  1. Hekatombaion - Ἑκατομβαιών - Hek (Begins on Winter Solstice.)
  2. Metageitnion - Μεταγειτνιών - Met
  3. Boedromion - Βοηδρομιών - Boe
  4. Pyanepsion - Πυανεψιών - Pya
  5. Maimakterion - Μαιμακτηριών - Mai
  6. Eukleios - Εύκλειος (Corinthian) (was Ποσειδεών, or Poseideon) - Euk
  7. Gamelion - Γαμηλιών - Gam
  8. Anthesterion - Ἀνθεστηριών - Anth
  9. Elaphebolion - Ἑλαφηβολιών - Ela
  10. Mounichion - Μουνιχιών - Mou
  11. Thargelion - Θαργηλιών - Thar
  12. Skirophorion – Σκιροφοριών - Skir
  13. Panamos - Πάναμος - Pan (the intercalary month, with one day added as needed to make the months coincide with most years.) (The last two weeks of the month are to be devoted to the Solstice Festival, Christmas, Hannukah, or other festivals.)
We propose the Winter Solstice (now on December 21) to be the beginning o the year.

For the four seasons

  1. Thallo Θαλλώ (or Eiar Spring)
  2. Auxo Αὐξώ (or Theros Summer)
  3. Karpo Καρπώ (or Phthinoporon Autumn)
  4. Cheimon Хειμών (Winter)
The solstices and equinoxes actually fall in the middle of their seasons, so Cheimon (Winter) is the two months before and two months after the Winter Solstice.

Days of the week, from ancient Hebrew. Each name is preceded by “yom”:
  1. Sunday - Rishon ( יום ראשון )
  2. Monday - Sheni ( יום שני )
  3. Tuesday - Shlishi (יום שלישי )
  4. Wednesday - Revi'i ( יום רביעי )
  5. Thursday - Chamishi ( יום חמישי )
  6. Friday - Shishi ( יום שישי )
  7. Saturday - Shabbat ( שבת ) – day of rest)

The week begins with Rishon, at the hour of midnight.

Adjustment of days. We have already reported on the number of days to be added to the present calendar to make our present calendar coincide with the ancient Julian calendar. This adjustment will be made, if it has not already been made, during the last month. Astronomers will advise us of further adjustments that may need to be made.

We realize the month naming is taken from the Greek custom, and days from Hebrew, rather than the Roman or Norse, but regard that as a reasonable compromise.

Hours There shall be 24 hours in a day, which begin at midnight. Each hour has 60 minutes, and each minute 60 seconds, following the Persian tradition. An hour is to be written as hh:mm:ss, and the numbers spoken as numbers.

Latitude and longitude. Longitude shall be set at zero for Greenwich, England, and degrees counted eastward back to zero. Latitude shall be set at zero degrees at the equator, and proceed 90o north to the north spin axis, and 90o to the south spin axis. It shall be written as nnn:dd (N or S)


Proposed presidential executive orders

I tend to be averse to using executive orders to get around lack of legislation or amendment, but here are a few that might improve things. It is a work in progress, so check back often.

  1. Nomenclature. Those who administer investigations and prosecutors shall be termed "procurators". The term "prosecutor" shall be reserved to those who actually prosecute cases in court.
  2. Access to grand jury. No person shall be barred or impeded from taking a complaint to a grand jury. Delivery of an indictment to a complainant shall be an appointment of that person to prosecute the case, although he may assign that duty to another. If more than one person shall file the same or similar complaint, the grand jury may unite them and deliver the indictment to one of them.
  3. No person representing the United States in any judicial or administrative proceeding shall argue, move, or object to bar any witness from testifying about what his understanding of the law is; nor shall he argue that only the judge may say what the law is. If the judge and jury disagree what the law is, or whether a defendant is guilty, the judgment of the one that is favor or the defendant shall prevail.
  4. The President or Vice-President may be indicted, but may not be prosecuted while they remain in office, except by impeachment and removal.
  5. No plea bargain or immunity from prosecution shall be offered or made but by order of a court of competent jurisdiction.
  6. Any plea of guilty must be ratified by verdict of a jury.
  7. Perjury and fraud are common law crimes, not authorized by the U.S. Constitution, neither are they crimes authorized under the Commerce and Necessary and Proper clauses, which do not authorize criminal prosecutions. Therefore, 18 U.S.C. 1001 is unconstitutional, and shall not be prosecuted.
  8. Every school that receives federal funds that teaches students beyond the age of ten shall devote a significant part of its class time to teaching the U.S. and state constitutions as originally understood, leading to a memorization of all clauses and the demonstration of the ability to argue both sides of any legal issue involving each of the clauses.
  9. Any journalist having regular access to government shall be able to recite any clause of the U.S. Constitution and the ability to argue both sides of any legal issue involving each of the clauses.
  10. Gun turrets shall be established every 100 yards along the southern border, and the Border Control officials are authorized to use deadly force against any invaders attempting to cross the border without official consent.
  11. All residential and working facilities which receive federal funds, and all imported products, shall, within ten years, harden all electrical equipment to withstand disabling damage from any electronic pulse, either from enemy action or from a solar flare event, and to provide well-supplied storage bunkers to shield personnel from solar protons that break through to the surface of the Earth.
  12.  The right to keep and bear arms, like other rights in the Bill of Rights, is an individual right, at all levels of government, and covers all weapons or other tools or supplies that might be used for defense, riot control, personal protection, law enforcement, or emergency response. The only regulation permitted is to facilitate and discipline militia and enhance its effectiveness.
  13.  No right, including the right to keep and bear arms, may be disabled, that is, restricted partially or entirely, by any process other than a trial in which the subject shall have the right of a jury, and in which the burden of proof is on the petitioner that either the disablement is a punishment authorized by statute for a crime proved to have been committed by the subject, or that if the right of the defendant is not disabled it would be exercised in a way that would threaten the rights of others or be a danger to the defendant. Any statute disabling a right for a person convicted of a crime is a prohibited bill of attainder. Any such disablement must be explicitly stated in the sentence or judgment of the court.
  14. Legislative restriction of any right constitutes a prohibited bill of attainder, and perhaps also a prohibited ex post facto statute, and as such is null and void from inception. This includes statutes restricting purchase, possession, or use of a weapon, or the exercise of any other right, by persons convicted of a crime if the restriction is not made part of the sentence. It also includes statutes requiring carry permits for a weapon. The only credential permitted in regard to any right is a certificate that the right has not been disabled, but the carrying of such a certificate may not be required.
  15.  In all references to the power to "regulate", that power does not include the power to prohibit all modalities of a thing, and it does not include the power to impose criminal penalties (disablement of life, limb, or liberty), but only civil (fines, loss of privileges).
  16.  The "commerce" among the states and with foreign nations which the Congress has the power to regulate (Art. I Sec. 8 Cl. 3) consists only of transfers of ownership and possession of tangible goods, for a valuable consideration, that commence in one state and terminate in another, or in one state and terminate in a foreign nation, or in a foreign nation and terminate in a state. It does not include regulation of "traffic" except insofar as it is necessary to identify commercial traffic carrying commodities subject to regulation. It does not include primary production, such as mining, agriculture, herding, fishing, or hunting. It does not include manufacturing, retail sales, possession, use, transport or disposal of one's property not part of an exchange. It does not include other activities of those engaged in commerce or anything not itself a tangible commodity that "affects" commerce, substantially or otherwise.
  17.  The only crimes committed on state territory over which the national government have jurisdiction are (1) counterfeiting, (2) piracy, (3)felonies on the high seas, (4) offenses against the laws of nations (Art. I Sec. 8), (5) violations of military law by military personnel or militia personnel in actual service, (6) treason (Art. III Sec. 2), (7) enslavement (13th Amendment), (8) deprivations of rights by a government agent (14th Amendment), (9) deprivation of the right to vote on the basis of race (15th Amendment), gender (19th Amendment), non-payment of a tax (24th Amendment), or age 18 or older (26th Amendment). All other statutes imposing criminal penalties are inapplicable to actions committed on state territory.
  18. The location of a crime governing the territorial jurisdiction for its prosecution is the location of the center of the perpetrator's brain at the moment the criminal act is performed, not where the effects of the act occur. The only extraterritorial criminal jurisdiction is on the high seas and unclaimed territory such as Antarctica or outer space, or for piracy or brigandage.
  19.  The powers "necessary and proper" (Art. I Sec. 8 Cl. 18) to a delegated power are only those powers essential to the administration of the delegated power, not any power that might serve the same purpose as such a delegated power. In particular, it does not include the power to impose criminal penalties for violation of a regulation, or for interference with regulated or promoted activities or spending.
  20.  The "general welfare" clause (Art. I Sec. 8 Cl. 1) is not the delegation of a power, but a restriction of the power to raise taxes (and spend the funds raised) to only those things that benefit the nation generally, and not just some region or group. There is no federal power to make "internal improvements" unless they are incidental to a delegated power, such as defense.
  21. It is unconstitutional to impose a tax for a regulatory or confiscatory purpose, or for any purpose other than the raising of revenue.
  22.  There is no concurrent jurisdiction of the national government and the state governments over any offense, and for purposes of the double jeopardy protection (5th Amendment) the "same offense" is a physical act of the accused, and multiple prosecution is prohibited for the same or continuing physical act under different charges, statutes, or sovereigns. If the federal government wants to assert jurisdiction for a violation of civil rights by a state official, it must first void any prosecution by the state for the same physical act.
  23.  The U.S. Congress has general legislative jurisdiction over a territory only if (1) it has been purchased by the national government with the consent of the legislature of the state of which it is a part; (2) it has been purchased and is being used only for a public purpose; (3) the state legislature has explicitly ceded exclusive legislative jurisdiction over that specific parcel, described by metes and bounds, in a act according to that state's constitution; and (4) the national government has clear title and effective possession of the parcel. Concurrent jurisdiction is not permitted, except that residents of the parcel should retain their citizenship in the ceding state for purposes of voting for national and state office. Jurisdiction reverts to the state if any of the conditions of its cession terminate. Such territories include the District of Columbia, U.S. coastal waters, U.S.-flag vessels at sea, and the grounds of U.S. embassies abroad. It does not include possessions such as Puerto Rico, the Virgin Islands, or Guam, over which the national government may have civil but not criminal jurisdiction.
  24.  Citizenship of any political subdivision of the United States is based only on residence address, and a person is a citizen of a federal territory and subject to its jurisdiction only if he or she is a voluntary resident of that territory.
  25. All persons present within the territorial jurisdiction of the United States have the duty to not only obey constitutional statutes and other official acts, but to help enforce them, and to train and equip themselves, alone and in combination with others, to do so. All persons in their capacity as defenders of the community are the militia, any person aware of a threat has the authority and the duty to call up the militia to meet it, and any person receiving a credible call up has the duty to respond to it. It is a duty to maintain a militia system at a state of organization, training, and equipment, involving all fit adult citizens and would-be citizens, sufficient to overcome the military.
  26.  In any situation in which laws are in conflict, any person has the inalienable duty to make an independent determination of which law is superior, and to enforce the superior law. When that superior law is the Constitution, the duty is called constitutional review, and judicial review when done by a court. It may not be relinquished to superiors, judges, or legal advisers.
  27.  Unless a criminal statute explicitly limits who may enforce it, it is equally enforceable by any person, and enforcement authority is derived from the law and from a warrant or commission, not from a title or employment status. Government agents have no criminal law enforcement authority that civilians don't also have. However, law enforcement officials, such as sheriffs and U.S. marshals, may have command rank in situations where they are present. The title of "federal agent" carries no command rank.
  28.  Any protection of government agents or other persons from criminal or civil liability for their actions, or special penalties for offenses against them, not enjoyed by others, constitutes the granting to them of a title of nobility, which is prohibited.
  29.  Based on available evidence, and until it can be proved otherwise, the Income Tax Amendment shall be considered not to have been ratified. Even if it was, the "income" which is taxable under it is only "unearned" income such as interest, dividends, and rents, and not wages for labor.
  30.  Fiat currency must not be made legal tender within a state, and the constitutional requirement that only gold or silver be legal tender on state territory must be enforced. Federal reserve notes are not legal tender for the payment of debts within, to, or from a state.
  31.  A constitution is not a contract but the Supreme Law, which provides for all contracts into which any department of government may engage. There are no "implied contracts" in which a government is a party.
  32.  Common law crimes are ex post facto and as such prohibited by the Constitution. In particular, the national government has no authority to punish for perjury, fraud, or contempt of court any act not committed on federal territory. 
  33.  Require that all issues of law be argued in the presence of the jury, who shall be provided with copies of all pleadings and access to an adequate law library. Instruct the jury has it the power to review legal decisions of the court, as well as decide the facts, for a general verdict in a case. The only exception would be legal argument that cannot be made without disclosing evidence that is properly excluded.
  34. In a jury trial any opinion on the law rendered by a judge shall be considered testimony, subject to cross-examination and rebuttal.
  35.  The right of an accused to counsel is a right to counsel of his choice, including persons not otherwise admitted to practice law.
  36.  Prosecution of persons accused of a crime may not be limited to public prosecutors. The determination of who may criminally prosecute is the exclusive duty of a grand jury.
  37.  Courts and prosecutors are not permitted to obstruct access of any person to a grand jury to present evidence or a petition, but only to regulate the timing and manner of it to make such access orderly and expeditious.
  38.  Only a natural person or aggregate of natural persons may be a party to a legal proceeding. In particular, in rem "civil forfeiture" is prohibited unless there is no apparent owner or claimant, in which case the defendant is "persons unknown". Property shall be taken only to the extent necessary to pay a specific fine or judgment imposed by the ruling of a court. It may not include any assets not exclusively owned by, or, if the ownership cannot be determined, in the exclusive possession of the accused, and any surplus from a public sale of the asset over that needed to pay such fine or judgment shall be returned to the apparent owner or possessor. 
  39. The offenses covered under the authority to punish offenses against the law of nations (Art. 1 Sec. 8 Cl. 10) include only the following:
    1.  Attacks on foreign nations, their citizens, or shipping, without either a declaration of war or letters of marque and reprisal.
    2.  Dishonoring of the flag of truce, peace treaties, and boundary treaties.
    3.  Depredation of wrecked ships, their passengers and crew, and their cargo, by those who might find them.
    4.  Piracy on the high seas, even if those making the capture or their nations had not been victims.
    5.  Mistreatment of prisoners of war.
    6.  Attacks on foreign embassies, ambassadors, and diplomats, and on foreign ships and their passengers, crew, and cargo while in domestic waters or in port.
    7.  Dishonoring of extradition treaties for criminals who committed crimes in a nation with whom one has such a treaty who escape to one's territory or are found on the high seas.
    8.  Enslavement of foreign nationals and international trading in slaves.
    9.  Entry into a country across its border without consent of lawful authorities.
    It does not include any other treaties or violations thereof, and no treaty provisions are permitted or enforceable which would require the exercise of powers not delegated by the Constitution.
  40.  Limits or disclosures on campaign contributions not convertible to the personal use of the candidate, even when accepted in exchange for public funding, are prohibited by the 1st Amendment, and any such public funding must be of general benefit to the nation and not to any region or group.
  41.  Religious observances may not be supported by government agents or public funds, but neither may they be reasonably restricted on public premises when initiated and funded by private persons, provided that this is not done in a way that is disruptive or offensive.
  42.  The monitoring of communications by government agents, which the participants have the reasonable expectation of being private, is prohibited without a specific search warrant and notification of the parties involved if such notification is feasible.
  43.  Any search warrant must be served on the owner or possessor of the premises, and such person must have the reasonable opportunity to verify the validity of the warrant, unless such person cannot be found within a reasonable time. It is not permitted to wait until such person is absent to search his premises, or fail to notify the person as soon as possible if such a search and seizure is conducted.
  44. "No knock" search or arrest warrants are not permitted unless there is imminent threat of death or injury to an innocent person, and it is not permissible to prosecute any person for resisting an improper execution of a warrant with deadly force or for any death or injuries that might result therefrom.
  45.  Legislative and judicial powers may not be subdelegated, and executive powers may not be delegated to the agents of a different sovereign. No official may make a decision adversely affecting a privilege or immunity of a person in his jurisdiction based on an act or decision by an agent of a different sovereign.
  46. Government agencies or departments may not legislate for civilians by issuing "regulations" governing them, and it should never be necessary for a reasonable person to have to read a "regulation" or other directive to discover how to interpret a statute or decide whether or how it might apply to him. Regulations and executive orders apply only to subordinates of the issuing executive, including officials, agents, and contractors, or to persons visiting proprietary facilities, or using proprietary assets, of the government.
  47.  No person shall be penalized or obstructed from petitioning for redress against any government agency or executive official, or staff members of the legislative or judicial branches, for relief under contract, tort, injunction, or declaration, although it may require that monetary judgments require a special appropriation by the legislative branch. The financial responsibility of officials must be secured by adequate bond, and if public policy seeks to make officials personally immune, the government must assume financial liability for claims against them. 
  48.  Require that upon demand by any person, through a petition for a writ of quo warranto, and before continuing with an enforcement action, any official prove his authority for the action, by an unbroken logical chain leading back to the applicable constitution. Reverse the presumption of authority. 
  49.  Eliminate licensing of occupations, especially the practice of law. Establish that the practice of any occupation may be disabled only by order of a court of competent jurisdiction, on petition therefor and proof by a preponderance of evidence and verdict by nine of a jury of twelve, that if not disabled the right would likely be abused, or beyond a reasonable doubt that the defendant committed an offense for which a statute specifies disablement of the right as a punishment, by a unanimous verdict of a jury of twelve.
  50.  Secret budgets and expenditures are prohibited by Art. I Sec. 9 Cl. 7, and are not to be permitted on grounds of "national security". This includes any funds administered by public officials or government agents even if derived from other sources than taxes or fees. Forbid proprietary ownership or control of private organizations by government agents or agencies except temporarily for law enforcement investigations.
  51.  Have the states cede territorial jurisdiction to Congress, in accordance with Art. I Sec. 8 Cl. 17, of airspace 300 meters or more above buildings or terrain features, so that federal air traffic control there can be constitutional; and of a strip of land 40 meters wide along any international border, for the enforcement of border entry.
  52.  Require the boundaries between federal, state, and local jurisdictions be clearly marked so that anyone passing from one to the other will have proper notice thereof.
  53.  All executive orders and regulations, being directives to those under the supervision of the executive, expire upon expiration of the term of service of the issuing executive, but may be deemed to remain in force for 30 days thereafter, to allow time for the successor to affirm or amend them    


How to survive a solar proton flare

Solar proton flares appear to be fairly rare. The last ones to cause severe injury to life on Earth seem to have occurred 12,900 tears ago, producing what some call the Rancholabrean (or Labrean for short, for the La Brea tar pits) extinction, that wiped out most megafauna, such as mastodons, mammoths, and giant ground sloths (megatherium) from North America, Northern Europe, and northern Asia. It was not a complete, worldwide, extinction event. It is discussed in a companion article, Earth Changes .
The focus in this article is how to survive another such event.
The threat is from a solar flare that delivers intense proton radiation that breaks through the Earth's magnetosphere. Most of the radiation would come almost straight down, and consist not only of protons but of secondary radiation such as neutrons and gamma radiation, both of which can penetrate several feet of shielding, with up to 3-10 sieverts of radiation. 3 are usually fatal. This is not like the radiation that would be produced in a nuclear war, which would include radiation from dust (fallout).
There may be little or no warning, and such warning as might be issued might be only about an hour in advance. Flares can be seen by solar observatories in time to warn astronauts of a proton storm, but it does not appear that the Emergency Warning System is prepared for an event of this kind for the entire nation. If it came in the middle of the night, most people would probably die soon.

Most modern homes will not provide enough shelter. You need to get under at least three feet of concrete, stone, or soil. The basement of a three-story office building might work, if the floors are concrete. A concrete bridge or drain pipe might work.

Be on the lookout for shelters.

Try to identify anything that might provide shelter near where you live, work, or travel regularly. You may not find much. If you get warning in time, you may have some time to look, but it is best to have already spotted some.

Carry a radiation detector.

There are some nice ones available, but the most practical is likely a radiation badge, that needs no power, and can be carried around at all times. One I like is the RAD Triage 50. It can be worn every day for two years, and one can keep a backup in a freezer for another ten years. One would use it to determine which locations have the most shelter.

Keep a supply of water.

You will probably need water for a week, Use the radiation detector to determine when it is safe to come out of the shelter. Might want to keep a LifeStraw Personal Water Filter for each person in your party.


Keep a firearm.

You may have to fight for use of a shelter. Even nice people can become dangerous when they think they are about to die.

Get emergency power.

A proton flare is likely to cause the same kind of damage as a coronal mass ejection or EMP attack. Even if the Shield Act  is passed and implemented, it will only protect the electric grid. Unshielded will be millions of other electronic devices, including phones, radios, and motor vehicles. You need to get photoelectric panels and emergency generators (assuming you can get fuel for them). Buildings with solar roof panels may become essential. Older vehicles that can be stripped of complicated electronics may be critical.

Establish emergency communications.

It is likely that most communication systems will fail, either as a direct result of the proton storm, or from the disablement of operators. The best alternative is likely to be ham radio transceivers. A good kind are portable handheld units or a GP-5 survival radio that can operate for a long time on batteries. You may also need portable Faraday bags and Faraday cages you can build to protect electronics from EMP, CMEs and proton radiation. You can also provide Faraday shielding for buildings but most of these won't provide proton radiation shielding for people.

Organize survivors.

You will need to use a kind of triage system that separates those who don't need help from those who are beyond help, with a middle group that can benefit from help, even it only buys them a few years before they succumb from cancer. Look for preppers and militia activists. Some of them imagine living in the wilderness for extended periods of time, but wildlife and livestock may also not survive, and small isolated groups are likely to be indefensible. Communities of a few thousand individuals are more likely to survive long enough to repopulate the country.
The U.S. military has an extensive system of underground bunkers and tunnels, for themselves and a few senior officials, if they can get to them in time. When they come out they are likely to need the help of other survivors, and it is important to ally with them, and not become competitors.

The first level of government to be established is local, counties or small towns. New law enforcement personnel may need to be elected and trained. Their priority may need to be to get supplies of food and medicine delivered from where they are produced to where they are needed.

The proper legal basis for doing all this is the US. Constitution as originally understood.


  1. Vivos flare survival shelters


Where Aren't They?

Where aren’t they?

Enrico Fermi once conducted a thought experiment (gedankenexperiment) in which he found that even with only sublight travel technology, it should be possible for the first starfaring civilization able to build more starships at each stop to occupy every habitable niche in the galaxy in only a million years, which is a blink in galactic time. His question is, if this has happened, why aren’t we being visited every day by many of them? The obvious answer is that perhaps we are, but that we are just not seeing most of them.

So perhaps the question to be answered is “Where aren’t they?” By this reasoning they should be everywhere. The Universe may a very crowded place. Forget the vision of the galaxy as a largely empty wilderness or frontier. It is more than likely to be filled, largely with beings having a common biological origin. I call them “exotribes”, or exos, to consider that they may not have a strong connection to a civilization, as such, except what they can carry with them.


The most promising approach to FTL appears to be the Alcubierre-Froning drive. It would enclose the travelers inside a space-time bubble that would glide across a warp in space-time like a surfer on a wave. There would be no motion through space as such, but the bubble would move, which could be at a much higher transport rate (not ”speed”) than light through a vacuum. The bubble would protect occupants from debris and radiation, and would maintain gravity and the ship clock as of the point of departure. Transport termination is by collapsing the bubble. I call such vessels “jumpships”, and their drives “jumpdrives”. They need not use the Alcubierre-Froning technology.

The great challenge is maneuvering thrusting. Hopes are to extract enough energy from the vacuum field, and there are efforts, the so-called “em” drive, has might approach this.

Back in time

A jump is not just transport in space. It is also transport backward in time. Assume, for the sake of argument, that the transport rate is 100 times the speed of light, or 100c, and that the target is 50 light-years distant. That means that from the viewpoint of an outside observer the trip takes only six months. But when it arrives, it will find itself 50 years back in the past. How is that determined? Not by reference to the ship’s onboard clock, which maintains the time at the point of departure, but by reference to a “standard clock”, one of the most convenient of which is a neutron star, which are plentiful in the galaxy, and once created, spinning. They slow down at a more less fixed rate due to loss of mass and spin angular momentum by emitting gravity waves. By measuring the spin rate just before departure, then again after arrival., the travelers can get the amount time they have gone back, which would be 50 years in this example.

When you look at the night sky, you are seeing objects not as they are now, but as they were hundreds, thousands, or perhaps billions of years ago. If you jump that distance, say, 50 light-years, you are also going back 50 years in time, from the perspective of where you left. That also means you cannot return to the time of your departure that way. To return 50 years you just have to wait for 50 years to pass, or engage in accelerative transport, which is hazardous without shielding.

When a jumpdrive bubble forms, it captures the gravity/acceleration at its point of departure. When it arrives and the bubble collapses, the traveler is subject to the gravity/acceleration at the point of arrival. If points of departure and arrival are not chosen carefully, the traveler may find himself in crushing gravity, or flung off into deep space at a high speed. He may even find himself on a collision course with a massive object.

For most voyages it may be unwise for jumpdrive users to venture far, usually not more than 200 light-years. The uncertainties of farther voyages may be too hazardous.

Communications among outworlders is also a problem. If a jumpship traverses 50 light-years, it arrives 50 years in the past of its point of beginning, as seen by observing “clock” stars like rotating neutron stars, whose spin period slows at a steady rate. At that point, -50+δ, it can send a light signal, at the speed of light, back to its home, whose year is set at 0. Which arrives 50 years after the year at which it was sent, from what is now a new outpost. The light signal would arrive home at about 50+δ years at its home, where δ is the increment of time spent preparing the signal. From the standpoint of home, that is close enough to instantaneous. Only 50 years late. If the home then sends instructions, by jumpship, they arrive shortly after, -50+2δ, when the light signal was sent from the new outpost. Not instantaneous, but with more than a 50-year time gap. Not real-time.

To view the future of some world, someone on, say, the homeworld, would have to traverse to some point, say 25 years in the future of the target world, and use telescopes to view the target world. The images could then be sent, say, to the homeworld, which could view the future of the target world from -50 years to – 25 years. Hose images could then be shared with other expeditions, including those to -50 year expeditions. They could see what would happen, but not in time to prevent anything.

Each journey back in time makes some changes. Each of those changes creates a branch of the timeline, which I call a “diaverse”. Diaverses can be few and similar. They can be very different. They can also reconverge, in points that share different pasts and the same future. Too many jumps can create a plethora of conflicting timelines, that may sometimes need to be repaired to reduce the confusion. There may be exotribes that can move between diaverses, what I call interdiaversal transport. Perhaps making “repairs” to them.


Some reported conversations with exos show they seemed to have reverence for what might be translated as “creators”, with no information what they might be.

In our future it seems likely that some of us will genetically engineer some of the more promising Earth species, like bonobos, octopi, parrots, ravens, dolphins, or some reptilians like geckos to have human-level intelligence, then seed them on suitable planets we might find. Their descendants might now be visiting us, seeking their origins. This could explain why they don’t disclose themselves. Their creators may be us, and they may not want to disturb their own creation.


People seem fond of imagining every exo ship is a voyage of discovery representing a “civilization” much like our own, a large society with many members, perhaps occupying many planets. There may be such societies, but it is unlikely any visiting ship “represents” any of them. Ships may originate that way, but it is likely they are long cut off from their origination world. They may carry their “culture” with them, but that can be done in holographic records, a small one of which could carry everything notable about them. They might try to send signals back to their origin, with no way to know if they had been received, or whether there was anyone to receive them. They would themselves be an outpost, a detached colony, that might stop at a suitable location, or proceed onward. If one stopped, it would likely be at a site with enough resources to sustain them until it was time to move on. The most likely such locations would be planemos, rocky planets with a hot core, not bound to any one star. Hey would burrow into it and extract energy from the core.

That is why I call exo visitors “exotribes”, because they do not represent vast civilizations.
Pileup in the past

If each jump generates another (nested) diaverse, and the number of jumpers are always growing, it would seem that the diaverses would pile up at the center (origin) of the Universe, at which point one might expect them all to converge at once, and trigger another Big Bang. Instead of one Universe stemming from one Big Bang, There could be countless number of new universes being created every moment, each expanding toward infinity. Each new universe would clean the slate of diaverses, and begin generating many more. Exos, including us, may be continually driving the creation of new universes.

1044 New universes a second?

The most plausible rate of creation of new universes would be one on each Planck unit of time, which is 5.39 × 10 −44 s. Rounding off, that would be about 1044 Big Bangs a second, since forever. Each Big Bang would start time for that universe, from the viewpoint of an observer inside it, which would tend to think there had only been one Big Bang, and there had been only one, from its standpoint. Each would expand into oblivion.


When we search the stars of our galaxy, what are we looking for? Mostly Earth-like worlds with dry land masses, abundant fresh water, mild climates, moderate daily and seasonal weather changes, Earthlike gravity, fertile soil, and not too unfriendly natives. In other words, a frontier like that of North America in the 19th century. When we contemplate settling Mars we dream of terraforming it so we can walk around on its surface without protective suits. Leaving aside the unlikelihood of finding such a world, would we really want to settle its surface the way we settled North America? The answer is probably not. On Mars we plan building habitats under ground, protected from environmental hazards, with a life support system that does not depend on surface conditions. Should we plan to do anything else wherever we go? No.

It is likely those are the same choices any visiting exos would have been making for a long time. Surface living is not that desirable, even if available. Surfaces might be pretty to look at, and local lifeforms might be interesting to study, but that is a matter of esthetics or curiosity, not economics, and it is likely exos would be making economic decisions.

The persistent question concerning exos is what do they want from us or from our world? It is too easy to assume they are like us, with our ambitions and values. Apparently they are not. If they were we would have grounds to worry. Our treatment of other peoples on lands we visit has too often not been admirable. It can’t be energy or minerals, which are widely available at many places from which it can be more conveniently extracted. About the only thing that might be found here would be miniature black holes, but we have no evidence of their existence or their presence nearby.

It seems unlikely that they would need our world for food, unless they enjoy the thrill of the hunt and the taste of fresh game. If they wanted our bodies, we would notice that. No, it seems more likely they would collect some essence of us, perhaps what we call “souls”.

There has long been speculation concerning whether we, or some of us, carry a soul that could survive death. There are reports of remembering past lives, or of having “near death experiences.” But what could a “soul” be? Intelligence seems to be carried by the neural nets of the brain, perhaps enhanced by quantum entanglement, because intelligence seems to propagate genetically. But if the brain is the orchestra, perhaps performances of it can be preserved like sheet music, or a hologram of performances. This might be transferred from vessel to vessel as what the Vedics called akashik records.

Can such records persist without a vessel, the way sheet music can? If so then perhaps what exos are collecting are records of memories, feelings, or characters we call souls. Clearly they are some kind of artifact. They might play them for entertainment, or use them as money to buy things they want. The noble souls of more spiritually advanced beings, might have a higher value. On the other hand, so might the sordid souls of evil beings. Evil can be more entertaining. Our tribe could certainly provide plenty of each.

Exo conformity

Reports from alleged contactees indicate the behavior of exos is extremely regular, either because they are under tight control, or because their design prevents them from deviating from a norm. There are no criminals, no cheaters, no miscreants, no psychological deviants, no eccentrics. But also no comedians, no creative artists. They are much like social insects, which are generally siblings, acting in concert not under central control, but as emergent behavior of a swarm, responding to ques from nearby individuals, but not centrally directed. Such conformity can be a strength for an army, but not for individuals operating independently, or taking leadership roles not assigned by the group as a whole. For us diversity of talent is strength, for theirs perhaps a weakness.

They seem to have more in common with social insects than with human Terrans.

There is also a view that other civilizations will be millions or billions of years more advanced than our own, as though the rapid progress that has been made over the last century could be extended indefinitely. That is unlikely. Scientific and technological progress is like mining. There is only so much to find, and when it is, progress will not move far ahead, but settle on more accessible things, like biology or history. Such progress is an investment, made in the expectation of a return. That is also true of progress in individual intellectual development. We imagine exos to be superior to ourselves, in every way. In fact many humans today may be as intellectually gifted as any exo.

So forget “Type I”, “Type II”, or “type III” civilizations. There probably are none. There may no return on that kind of investment. No Dyson spheres.

In the movie Forbidden Planet the inhabitants, the Krell, made a stupid mistake that a human college student would not make, of not testing a new technology before putting it into widespread use. (Humans sometimes make such mistakes, so it can’t all be blamed on one stupid civilization.)

So the best of the exos may not be advanced far beyond the most advanced humans.
This may also be the result of exo groups being so small. It may take many more before creative individuals or comedians become manifest.


One of the most disturbing aspects of reports of contact with exos is the way they can control our minds, making us their puppets, for their purposes.

For their purposes.

Of what avail is the technology of starflight without the technology to resist mind control? Is there one master exotribe that rules them all? Or are some able to maintain their independence? We want to be one of those. Else it is all for naught.

We also do not want humans to have the technology of mind control over other humans. Independence is for everyone.

Do some exos see us as a threat, because of our warlike ways? Enough of a threat to resist our venturing into the galaxy? Those warlike ways can also be a force for liberation, which may be the greatest threat of all.

Space Force

Proposed by President Donald Trump to become a new service branch, alongside the Army, Navy, and Air Force.

Mission, dominate Earth: Nuclear missiles (mow restricted by treaty), kinetic projectiles (not restricted), beam weapons, reconnaissance (Might adsorb National Reconnaissance Office).

Mission: External threats: Asteroids and comets, exo invasion.

Mission: R&D: Get supervision of advanced research, especially top secret special access projects TSSAPs) , gradually disclose results.


The issue of FTL taking travelers back in time has been addressed by theoreticians like Alcubierre, but none of them seem to have thought through the matter from the viewpoint of travelers.

  1. 1. Alcubierre-Froning drive. One way to move faster than light.
  2. Diaverse”, from the Greek, diakládosis (διακλάδωσης) in which the prefix diaklád- emphasizes its branching structure. “Verse” comes the Latin “universum”, which is mixing linguistic roots.
  3. EM drive. And here. NASA testing this concept, based on extracting energy from the quantum vacuum. Also see TR-3B, speculated to be in service since the 1990s, using an electrogravitic drive.
  4. Kinetic bombardment. First proposed by science fiction writer Jerry Pournelle, and known by different names such as Project Thor, involves bombarding Earth with non-nuclear, non-steered ballistic projectiles about the size of a telephone pole, composed of a heavy material like tungsten, which on impact would produce about as much damage as a nuclear blast, but without the radiation or stigma of using “nukes”. It would be effective at destroying deep installations such as the Iranian nuclear base of Fordow, southeast of Tehran.
    The method,
    using meteorites, was used in a science fiction movie, This Island Earth, about bombardment of a planet, Metaluna, by a race called the Zagons. Defense was done with an “ionization layer”, until the projectiles broke through an incinerated Metaluna. Also in the movie was an example of a mutant slave who turned on its masters as destruction was imminent


Earth changes?

The phrase "earth changes" is often used to refer to some kind of disastrous event that will adversely affect much if not most life on Earth, including human life. There is thought about preparing ourselves for it, but the phrase is vague about what it could be.


Among the kinds of CMEs that can severely threaten much of the life on Earth are the coronal proton ejections (CPE) or Solar Proton Events (SPEs)  that have occurred several times in geologic history. One such event today could wipe out much of humanity and leave the Earth devastated. It could bring radiation, massive wildfires, and other destructive events.

It differs in severity from coronal mass ejections like the Carrington event of 1859, Those are CMEs, but do not in general threaten life rather than power grids, which could be devastating enough in this modern age of dependence on electronic devices of all kinds. There are calls such as the Shield Act to harden electric grids against them.

The main suspected SPE impacted the earth about 12,900 years ago. There may have two such events, 12,837 years BP and 12,639 years BP. They could have been a principal cause of the final termination of the Pleistocene megafauna and even of several genera of smaller mammals and birds. There is also evidence of one such event in 2012 that missed the Earth by only two weeks. One of the things that it does that could cause mass extinctions is to raise the level of proton (cosmic ray) bombardment to fatal levels. They are also suspected of causing massive, planet spanning wildfires.

Grazing planemos

There are interstellar objects that might make a grazing contact with the sun, We recently had one such object, Oumuamua, an odd-shaped body about ten times longer than it was wide, with other strange attributes. The general name for interstellar planets, not bound to a particular star, is planemo. Most of them are expected to be round. They could be as large as planets. The term generally applies to a rocky object, likely with a hot core, that could wander among the stars, and could provide a site for an outpost for star travelers, if the core is hot enough to geothermally support such an outpost.


  1. Did A Massive Solar Proton Event Fry The Earth?
  2. Solar flare nearly destroyed Earth 2 years ago: NASA
  3. Coronal mass ejection — An event like the 1859 Carrington event could disrupt power grids.
  4. Shield Act — Would protect power grids from coronal mass ejections, and from EMP attacks, but not the rest of the electronic infrastructure on which our economy depends.
  5. Rogue planet — Planetary body not gravitationally bound to a star.
  6. Oumuamua — Odd-shaped interstellar object flys through solar system.
  7. Fastest Star in the Galaxy Has a Strange Origin — Moves about 26 million miles an hour. 
  8. Solar Storm Threat Analysis, James A. Marusek, Impact, Bloomfield, Indiana 4742. also Solar Storm Disaster Preparedness Plan
  9. Nearby Earth-like exoplanet Proxima b slammed by super flare that may have wiped out any possibility of alien life.
  10. Solar Flare Survival, Marc Remillard
  11. What Would Happen if a Massive Solar Storm Hit the Earth?
  12. Getting Ready for the Next Big Solar Storm, NASA
  13. Mars Colonists Could Live in Lava Tubes Beneath the Surface  — Could fit entire cities into such tubes.
  14. Living Underground on Other Worlds  — We can see skylights of partially collapsed tubes.


Written Constitutions Better

Written constitutions better

For forms of government let fools contest. That which is best administered is best.
Alexander Pope

That seems to be the guiding constitutional doctrine in the few countries without written constitutions, most prominently the United Kingdom. Those who have viewed the British comedy series, Yes Minister, and Yes Prime Minister, should have gotten some insight into some of the problems with a government of a few elected officials, dominated by a professional civil service that never seems to change.

The term “shadow government” was coined in the UK to refer to the “shadow” components of the civil service appointed by previous “governments” or ministers thereof, who continue to follow the policies of those tat appointed them, and often seem more accountable to thr now “shadow” ministers of the party that appointed them, if different from the party now nominally in power, who are expected to become their new bosses if that party comes to power. In the US, which uses the term “administration” for what are called “governments” in UK parlance, the term “deep state has come to be used for what is called “shadow government” in the UK. In the US “shadow government” refers to what is sometimes called the “military-industrial complex” and its “top secret special access projects” (TSSAP), funded  without accountability to Congress or the President.

Veteran journalist Sarah McClendon once asked then president Bill Clinton about UFOs and aliens (what I call exos). He declined to answer, and replied, “Sarah, there is a government within the government, and I don’t control it.” That meant that the president himself did not have access to what government was doing about that subject.

Then senator Barry Goldwater once asked then Gen. Curtis Lemay about the same thing, and was warned “Don’t ever ask me about that again.” That doesn’t mean Lemay was not “in the loop”. Perhaps only that he was afraid of those who were.

During the Stalin era and through the time of Gorbachev the Soviet Union had a fairly good Constitution, by the standards of sound constitutional design, but the reality was something else. The Communist Party ruled. It controlled the first, NKVD, which became the KGB, which became the FSB.  It assigned a party agent to each government official, as the shadow official for that puppet official, who made all the important decisions. The Red Army was separate, but had its own shadow officials, and controlled the GRU, or military intelligence organization. Vladimir Putin is a former FSB official. The Soviet Union fell apart because the Party fell apart, and the Army fell apart, and refused to fire on civilian protesters (the only time in history when “flower power” actually worked). After that, the former FSB and GRU officials saw an opportunity to divide the spoils of the USSR and become rich oligarchs.

If two such powerful nations are not constrained by their constitutions, then what use are constitutions? Actually, during much of this era the two nations were nearly in technical compliance with their own constitutions. The problem is that the framers of those constitutions did not anticipate how the spirit of their constitutions might be violated while complying with the letter of them.

1.      The US Constitution does not provide that debt be budgeted, only spending. Agencies are limited in how much they can spend but not in how much debt they can generate. Any agency can create debt which the US government is obligated to pay, without limit. Now it would be possible in principle for a TSSAP to operate without generating debt, but it would still have to report zero, and thus to that extent reveal its existence.
2.      The US Constitution needs to forbid Congress to make anything legal tender on state territory, or issuing debt instruments in payment of debts, anywhere. That means not to make debt instruments, like Federal Reserve notes. It already does, by not authorizing it. Only making legal tender by states is mentioned. Nor should agencies, like TSSAPs, get the Treasury to print more Federal Reserve notes for its use to exceed debt budget restrictions. The Constitution needs to forbid anything other than gold oir silver coins, or energy certificates, redeemable for some number of joules of energy, to be legal tender.
3.      However, TSSAPs could also be funded by either trade, such as importing and selling addictive substances, as documented in the reports Dark Alliance, by Gary Webb, Day 1, Day 2, Day3, or by accepting donations from private parties or other nations. Some of what the US government does is to extort such donations.
4.      Constitutionally excluding shadow officials from replacing “”constitutional” officials is a more difficult problem. Most constitutional officials are going to want advisers, and it is only a small step from being an adviser to being a decider. Frequent testimony by an official to a legislature can help, but it is not obvious how to constitutionalize that.
5.       It needs to be made easier for outsiders, like grand juries, to investigate and expose official wrongdoing. Killing an outside investigator or a whistleblower needs to be treated as treason, with the death penalty.

There are more reforms, but these will do for now.

The UK is often said to have an “unwritten” constitution. That is not quite true. It is comprised of hundreds of documents, or fragments of documents, going back almost 1000 years, some written in an English that is incomprehensible to modern readers.

We have books online that contain most of the important such documents:
Select Documents of English Constitutional History, George Burton Adams and H. Morse Stephens (1904) — Collection of excerpts from the main documents that comprise the English "constitution".
Sources of English Constitutional History: 600-1937, Carl Stephenson & Frederick George Marcham (1937) — Collection of the documents that define the English "constitution".
The publisher of this second one asked us to take it down for copyright violation, which we did. A few years later, with no prompting from us, they asked us to put it back online. We we did, within a few minutes.
For many years the only place where such documents could be found was on our website, hosted in the US. Nowhere in the UK. The last time we checked this was still true. To us this seems embarrassing, and may explain a great deal why Brits think that have no written constitution. They have what passes for one, but most of them don’t know where to find it.

There have been attempts to draft a written constitution for the UK by several political science academics. No lawyers or lawmakers. They are pathetic, and haven’t gained much support. The problem with them is that they only attempt to codify most of existing practice. But the UK is a federal state, combining several countries under a single House of Commons that tries to function as a constitutional convention for a unitary republic, and it is not a unitary republic. Any well-written constitution of government needs to recognize that fact.

They also try to constitutionalize the monarchy, as some other “constitutional monarchies” have tried to do. That doesn’t work. Monarchy and constitutional republican government don’t mix. It is the essence of monarchy to be unbound to any law or constitution.

Now that does not mean the legislature can’t create a statutory office of monarch, appoint a member of the “royal” family, pay him or her a salary and expenses, require him or her to perform ceremonial functions, and tax him or her like any other citizen (not “subject”, loyalty is to the Constitution, not to the person of a “monarch”). People might think they have a monarchy, but it would only be for show. In any case, this can be done by statute and does not belong in a “constitution”. People might want to keep their monarch, but that is only to satisfy tradition.

Another instructive effort was the attempt by some political leaders, most prominently Valery Giscard d’Estaing. It was put to a referendum in the counties of the European Union, and rejected by the voters of two of them, most notably, France. That killed the project. It is not a constitution. It is too long, and written like the party platform of a socialist party, full of handouts to various special interest groups and promises that could not possibly br kept, but largely devoid of the content that a true constitution needs to have, which is a tightly written list of powers, duties, and non-powers. The proposed EU constitution spoke of vague “competencies”, by which it presumably meant subject-matter jurisdictions, without defining the powers for such jurisdictions.

The people of France deserve credit for making the wise decision to reject that atrocity.

We have written what is initially billed as a “model constitution” for the US, as how it should have been written. We put the Bill of Rights, which we call Immunitates, in a separate document, which is made difficult to amend. It is binding on all levels and every branch of government, in every country.

The final provisions of the Constitution are actually tailored for the UK, and it is ready of adoption by that country. With minor modifications, it could adapted to the European Union, and to any federal republic, like Germany, Switzerland, India, Mexico, Australia, Canada, or Brazil. With further modification it could be used by Israel. Note that selection of officials is not done by direct election, but by multistage process called fetura (Latin for breeding), which alternates random selection with merit selection. There is little scope for political parties in such a system, and people do not vote for parties, but for individuals, at the first level.

The head of state is called a leiter, the head of government the executor, and the head of defense the protector. The three roles may be combined in the same individual. Each is required to consent to legislation from a bicameral diet.

Judges, or richters, are appointed for life to a pool of richters, from which richters for particular courts and cases may be drawn at random. Richters are also selected by fetura.

Could the people of the UK be led to support such a constitution? No way to know, but someone needs to lead such an effort.

So is it better to have a written constitution? The lesson of history seems to be that it is. But constitutions or laws are not magic self-enforcing machines. Any of them can be subverted if enough people are determined to do so. The question is whether other people will have a standard by which they may oppose such subversion. How can anyone decide whether government is best administered? Ultimately it is a political decision, but good people need a standard in writing. Unwritten constitutions, like unwritten laws or contracts, aren’t worth the paper they are printed on.


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