A Constitution for New Freeland


Preamble

Bill of Rights

Bill of Due Process

Notes

Separation of Powers




Notes on the Bills of Rights and Due Process

These Notes are not mere suggestions which a future court may ignore at its whim, but elaborations on the aforementioned Articles; no court shall ignore the rights, liberties, inclusions and exclusions enumerated in these Notes, regardless of the passage of time.

(1) Rights Indivisible: The rights enumerated in the Bill of Rights and Bill of Due Process are indivisible. None can conflict with any other, or be deemed to.

(2) Rights Retained: The enumeration in the Bill of Rights and Bill of Due Process of certain rights shall not be construed to deny or disparage others retained by every individual.

(3) Reservation of Powers: The powers not delegated to the Republic by the Bill of Rights and Bill of Due Process are reserved to every individual.

(4) Rights Eternally Enshrined: The Articles of the Bill of Rights, Articles of the Bill of Due Process, and Notes may never be amended or abolished by any act or bill of the legislature or by any exercise of power by the executive. In any conflict between the Bill of Rights or the Bill of Due Process or the Notes on the one hand and the Separation of Powers on the other, the Bill of Rights or the Bill of Due Process or the Notes shall prevail.

(5) Expiry of Legislation: Every act or bill of the legislature, or any exercise of power by the executive, shall expire not more than ten Earth years after the act, bill, or exercise of power has been enacted. And the government shall make no ex post facto or retroactive law.

(6) Free Speech and Privacy: "Press" includes but is not restricted to firearms, explosives, and militaristic literature; "any other form of communication or expression" includes but is not restricted to flag burning, obscene language, the portrayal of sex and violence, film and advertisement; "no law abridging" includes but is not restricted to no law requiring the recording or disclosure of the contents of this communication, including the recording or disclosure of financial transactions, financial statements and bank secrets, and no law restricting the right of an individual to view or encrypt this communication; "respecting an establishment of religion" includes but is not restricted to requiring the observance of any religious custom, including that of any indigenous or local culture; "means of identifying" includes but is not restricted to a driver's license or firearms and ammunition user's and owner's licenses or DNA sample.

(7) Right to Defend Against the Initiation of Force or Fraud: "Preserve, protect and defend" includes but is not restricted to preserving, protecting and defending against any government or invasion threat, and practising and training, whether alone or with other individuals or by hunting, to preserve, protect and defend; "shall not be infringed" includes but is not restricted to no law restricting the right of an individual, who does not objectively threaten beyond reasonable doubt the rights and liberties of other individuals eternally enshrined in the Bill of Rights and Bill of Due Process, to manufacture, distribute, market, acquire, keep, bear and use arms or other means and ammunition, whether concealed or unconcealed and in public or private spaces and in urban or rural areas and in or near schools and hospitals and superior to or inferior to the Armed Forces, police and intelligence, and no law requiring an individual to store, safeguard, child-proof, register, register the purchase or loan or sale or gifting of, or limit the number of his arms or other means and ammunition.

(8) Free Association: "Marriage" includes but is not restricted to same-sex marriage or polygamy; "association" includes but is not restricted to such friendly association, political party, school or health practitioners', employee, employer, marketing, trade, industry or national association; "monopoly" includes but is not restricted to single-seller desk.

(9) No Compulsory Taxation: "Compulsory tax or involuntary contribution" includes but is not restricted to income, capital, capital gains, sales, value-added, goods and services, property, carbon, environment, social security, medicare, medicaid taxes, and import, estate, gift, stamp, duties, and tobacco, alcohol, drug, petrol excises, and local government rates, and accident compensation, total and permanent disability, total and temporary disability, specific illness and injury, fire, storm, wind, flooding, earthquake, war, war damage levies; coerced funding or socialisation of the arts, the sciences, education, health care, social welfare, social security, housing, transportation, roading, ports and utilities, finance, investment, insurance, commerce, environment, or political parties and candidates.

(10) Free Trade, Investment and Migration: "No law regulating commerce, investment or migration" includes but is not restricted to price controls, export taxes, tariffs, quotas, subsidies, non-tariff barriers, licenses, anti-trust legislation, takeover code, insider trading restrictions, resource management and environmental protection legislation which does not solely protect the rights and liberties eternally enshrined in the Bill of Rights and Bill of Due Process, controls over the provision of and trade in food, liquor, health services, vitamins and supplements, pharmaceutical drugs, narcotics, financial and investment and insurance services, and business trading hours.

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