The Constitution of the Jeffersonian Republic:
Article VIII - Declaration of Rights

This page Copyright 2014, Karl Leffler
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ARTICLE VIII - DECLARATION OF RIGHTS

It is the intention and purpose of this Constitution and its authors that Government be eternally limited in its powers over the people, and that the people, collectively as a nation and each individually, shall forever have rights and powers to restrain Government from seeking to abuse or expand its influence.

The great object is that people shall be free. A preponderance of law and regulation is to be not only avoided but actively shunned and dismantled. The great wisdom of the ages must always be remembered: That governs best which governs least. The only legitimate form of Government is that which defends the people from itself.

Whenever any form of Government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

We find these rights to be self-evident, inherent in each person by nature and immune to infringement, restriction or denial by Government. Here are described some of those rights, so they may be known; but no part of this Constitution shall in any way be construed to deny any other rights held by the people. Furthermore, the rights here described shall apply throughout every Province of the Republic or territory subject to its jurisdiction, and no Province or locality shall enact any law, ordinance, statute, regulation, rule, or any other infringement or restriction upon these rights.

SECTION 1. Government shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of communication; or the right of the people peaceably to assemble, or to petition the Government for a redress of grievances.

SECTION 2. Being essential to the preservation of Liberty, the restraint of Government, and the defense of life, limb, and property, the pre-existing natural right of the individual Person to keep and bear all manner of arms, openly or concealed, publicly or privately, shall not be infringed; no fee shall be charged, nor shall any license, permit, or certification, by any name or of any form, be required, for the exercise of this right; and Government shall make no law or scheme of registration of arms or their owners.

SECTION 3. No officer or agent of Government shall, in time of peace, be quartered in any place of residence, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

SECTION 4. The right of the people to be secure and private in their bodies, residences, conveyances, communications, documents, and effects, against unwarranted searches and seizures, and to travel without hindrance within the Jeffersonian Republic or territory subject to its jurisdiction, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the Persons or things to be seized. Individual Persons shall have the right to defend themselves against such violations with lethal force.

SECTION 5. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the Militia, when in actual service in time of war or emergency; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of Law; nor shall private property be taken for public use, without due process and just compensation, and the owners of such property shall have the right to refuse such sale or seizure, except in time of declared war or emergency, for the provable need of the national security of the Jeffersonian Republic.

SECTION 6. In all criminal prosecutions, the accused shall be presumed innocent until proven guilty; and shall enjoy the right to a speedy and public trial, by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and 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. The jury shall have the power and duty to study and rule upon not only the facts but also the law in each case.

SECTION 7. In suits at common law, where the value in controversy shall exceed the value equivalent to one thousand dollars of the United States of America at the time of the adoption of this Constitution, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the Republic, than according to the rules of the common law. In civil suits, the losing party shall pay all court and related costs and fees.

SECTION 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Upon the completion of sentence, all rights and responsibilities of the convict's original status of Subjectry or Citizenship shall be restored. In non-capital convictions, after material restitution has been made, convicts may be granted permanent exile from the Jeffersonian Republic instead of continued imprisonment or indenture. Such exile shall require the forfeiture of all but legitimately held liquid assets, and the revocation of the convict's status of Subjectry or Citizenship. In capital convictions, the first process of appeal will be automatically exercised unless waived by the convict. In all cases, no Person shall be allowed more than three appeal processes, except as approved on an individual basis by the Supreme Court of the Republic.

SECTION 9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

SECTION 10. The judicial power of the Republic shall not be construed to extend to any suit in law or equity, commenced or prosecuted against the Republic by Citizens or Subjects of the Republic, or citizens or subjects of any Foreign State.

SECTION 11. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the Republic, or any place subject to its jurisdiction.

SECTION 12. No Province or locality shall make or enforce any law or scheme which shall abridge the privileges or immunities of Citizens or Subjects of the Jeffersonian Republic; nor shall any Province or locality deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

SECTION 13. Government shall make no law or scheme restricting, prohibiting or punishing victimless behavior. No Person shall be fined, taxed, penalized, or otherwise held criminally accountable for any act or inaction which does not provably harm another Person against their will. No system or process of automated or mechanized law enforcement shall be valid, and any fine or penalty imposed through such means shall be void. Government shall make no law or scheme requiring Citizens or Subjects to purchase or use any product or service against their will, or to pay any tax or penalty for failing, declining, or refusing to do so.

SECTION 14. The right of Trial by Combat between consenting Persons shall be preserved, consistent with the forms and customs of the Code Duello Nuevo.


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