2016/05/07

Immunitates

Immunitates
Bill of Immunities

The following is a nonexhaustive list of immunities of individuals and groups from official action of all kinds and at all levels of government anywhere, and restrictions on government powers.

  1. Due process and efficient remediation
    1. General
      1. Not to be denied due notice of time, place, manner, parties, and subject of any proceeding with sufficient time to respond.
      2. Not to be denied fair hearing and decision on the legal merits, with redress for just grievances, including damages, property, or injunctive or declaratory relief.
      3. Not to have just remedies made inaccessible or excessively difficult or costly.
      4. Not to be denied mandated testimony of witnesses.
      5. Not to be denied unimpeded access to courts, court filing, and inquestries, subject only to routine scheduling.
      6. Not to be denied direct presentation of complaints to an inquestry without the presence of any other government actor except with the consent of the inquestry.
      7. Not to be denied standing to privately prosecute a public right without having been injured or expecting personal injury.
      8. Not to be subject to retaliation.
      9. Not to have admitted any plea or testimony induced by a plea agreement.
      10. Not to have any real property or chattel taken or forfeited without civil or criminal judgment in a trial, with possession presumed to establish title unless proved otherwise.
      11. Not to have the exercise of any immunity taxed, disabled, or restricted by statute or other rule except to allocate a scarce resource among competing claimants, unless one is a minor, which by default shall be any individual under the age of 18 unless the disabilities of minority are extended or reduced by court order.
      12. Not to have the exercise of any right, privilege, or immunity disabled or restricted without s court order following a jury trial.
    2. Criminal trials:
      1. Not to be denied indictment by twelve members of a randomly selected inquestry of 23 who elect their foreperson, upon a finding that the court has jurisdiction and that there is sufficient evidence for a trial, except for persons subject to military or militia discipline, or foreign praedones.
  2. Not to be denied service as prosecutor upon receipt of an indictment by an inquestry, subject only to consolidation by the inquestry if more than one person seeks to prosecute the same offense.
  3. Not to be denied trial by a randomly selected jury of twelve sworn to uphold applicable constitutions in criminal cases for which the penalty is more than 90 days.
      1. Not to have imposed excessive bail when there is little flight risk.
  4. Not to have imposed excessive fines imposed.
      1. Not to have cruel and unusual punishments inflicted.
  5. Not to be denied speedy and public trial before an impartial jury of the state and district previously defined by law, wherein the offense shall have been committed, and to have the location of commitment be deemed where there was concurrence of mens rea and actus reus.
      1. Not to be twice prosecuted for the same offense or same facts under the same or different jurisdictions.
      2. To be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense, but not to have counsel or an attorney imposed on him without his consent.
      3. Not to be compelled to be a witness against himself.
      4. Not to be disabled in the exercise, or deprived, of life, liberty, or property, without due process of law, by unanimous verdict of a jury of twelve.
      5. Not to be impeded in the presentation of all evidence by the defendant, without being subject to a motion in limine.
      6. Not to be impeded in the presentation of all legal argument to the jury, up to the final instructions to the jury, except for argument on a motion in limine that cannot be made without disclosing evidence properly excluded.
      7. Not to be impeded in the presentation of all pleadings, alternative instructions, and certified copies of applicable laws and constitutions, to the jury.
      8. Not to have a sentence that does not separately disable the exercise of the immunity, and order deprivation of it, within the scope of that disablement.
    1. Civil trials:
      1. Trial by a randomly selected jury of twelve sworn to uphold applicable constitutions and laws in which the amount at issue, including costs, exceeds the equivalent of at least 15.46875 troy ounces of pure silver.
    2. Appeals
      1. Not to be impeded in an appeal from a jury verdict on a writ of error or habeas corpus, according to established rules of judicial procedure in the polity as of its founding, unless the Constitution is amended to provide otherwise.
  6. Nonauthority
    1. Nonauthority shall be presumed for any claim to authority, to be strictly proved by an unbroken logical chain of derivation from a constitution or constitutional law.
    2. Not to have any government actor exercise a power not delegated, regardless of whether one may be personally injured by such exercise.
    3. Not to have government actors exercise powers on the pretext of being "necessary and proper" when they are not incidental to perform his official duties or to get a desired result beyond such duties.
    4. To have delegated powers construed as narrowly, and rights, privileges, or immunities construed as broadly, as the language of the Constitution as meant and understood when ratified permits.
    5. To have priority docketing of all prerogative writs filed by a any person as demandant in the name of the people with a court of competent jurisdiction and served on the respondant, within three sederunt days, unless the respondant requires more, but not more than 20 calendar days, including but not limited to, demurral, quo warranto, habeas corpus, procedendo, mandamus, prohibito, certiorari, and scire facias, and to have default judgment even if no proof is presented or a hearing is not held.
    6. Not have communications, including speech, press, and education, punished or impeded, except such as instigate or direct a felony, misdemeanor, high crime, tort, piracy, or treason.
    7. Not to impede peaceful assembly and exercise of rights in concert with others.
  7. Not to impede assembly as militia for organizing, training, and responding to threats to public safety, subject only to direction by state militia officers during a call-up.
    1. Not to restrict keeping and bearing of weapons, equipment, and supplies commonly used by military forces, or suitable for militia, subject only to court order of disablement for being a threat to oneself or others, or to the lawful orders of militia officers during a call-up.
    2. Not to impede or punish petition for redress of grievances.
  8. Not to impede or punish devotion or practice of religion, or have preferential support of such by public funds, that does not instigate or direct a felony, misdemeanor, or tort.
    1. Not to have government actors intrude into one's real property, body, or use of one's personal property, for search, seizure, or for any other reason, without consent, a declared state of war or emergency threat to public, safety, a warrant supported by an affidavit of probable cause, and just compensation for any losses incurred, for each incident.
  9. Supervision of government actors
  10. Not to impede or punish access to observation and recordation of any government proceeding except trial and inquestry deliberations or their equivalent, or deliberations on matters of security requiring secrecy.
  11. Not to impede or punish receipt of records of all proceedings, and accounting for all receipts, loans, debts, and expenditures, and reporting thereof, for eventual examination prior to an election in which the issues may be reviewed.
    1. Not to be denied accurate recording, counting, and reporting of all votes cast by eligible voters in any public election with protection from disclosure of how each voted.
  12. Not to be denied access to all information about oneself, and either copies at cost of all documentation or to make one's own copies using one's own equipment.
  13. Not to be denied effective low-cost remedies for getting information about oneself corrected, and use of such information restricted to that for which there is consent by oneself.
  14. Not to be subject to illogical or impossible demands, or meddling without a clear, present, and compelling public need
  15. Not to impede or punish association and contract to do things not unlawful, including practice of a profession or occupation, marriage, procreation, and acceptance or denial of medical prevention or treatment, except prevention of contagious diseases.
  16. Not to impede or punish formation, conduct, and revision or dissolution of corporations, partnerships, and other trusts, in which settlor, trustee, and beneficiary are distinct persons who may not be impeded or penalized from directly appearing in any court in such capacities.
    1. Not to have some accorded special privileges or protections that favor them over the rest of the people, in ways not essential to the performance of public duties.
  17. Not to impede or punish travel by a citizen within, to, and from the polity and any subdivision, territory or locality of the polity of which it is a part.
    1. Not to be removed from the location of one's birth or lawful residence, or impeded from returning thereto.
    2. Not to be enslaved or subjected to peonage except as punishment for a crime, but excepting militia, jury, witness, and other public duty.
    3. Not to be impeded or punished for voting if one is a citizen and resident on grounds of race, color, creed, previous servitude, gender, age 18 or above, or failure to pay a tax.
  18. Not to be denied custody and care of close relatives who are non sui juris.
    1. Not to be neglected or abused while in custody.
    2. Not to be denied any right, privilege, or immunity for failure to have or present a name or other form of identification.
    3. Not to be deported without proof that one has not been natural born or naturalized as a citizen, unless one is born to a person not subject to the jurisdiction of the United States, such as a foreign diplomat or an invader.
    4. Not to be subject to a penalty for not doing something, such as not paying a tax, if government agents refuse to allow it to be done, such as not accepting payment of a tax.
    5. Not to be subject to a penalty or tax for failure to take some action one has no public duty to do.
    6. Not to be denied relief from some government action for lack of an appropriation to process the application for relief, or having an official to receive the application, and to fail to recognize the demand for such relief as being granted by default.
    7. Not to be required to procreate or to refrain from procreating.
    8. Not to have imposed upon one any unwanted belief or expression of devotion or to be pressured into conformity with such.
    9. Not be subject to oppressive surveillance of acts committed in a public space.
  19. Immunities do not include entitlements to a sufficient amount of a scarce resource.

  1. The foregoing list is not exhaustive, and further rights, privileges, and immunities are to be found in the historical record. The rule of expressio unius est exclusio alterius shall not be applied.

Amendment

Each twenty years following adoption of this Bill, upon petition by at least two percent of the general population of the polities that have adopted it as part of their constitutions, there shall be convened a convention, or sanhedrin, of twenty-three individuals, the final selection of which shall be by sortition of the candidates elected in the previous stage, with each previous stage selecting candidates in turn by alternating election and sortition, beginning with the lowest level polity in the system. The convention shall hold public hearings on proposed amendments, and propose them to a public referendum in which all citizens eligible to vote in the elections of their lowest polity may vote, to ratify additional items by a majority vote, modified items by a two-thirds vote, and deleted items by a four-fifths vote.

No comments:

Translate

Follow by Email

Search this and affiliated sites

Blog Archive