CAMN Constitution

Notice: This is not the final version of the Constitution, it is a working draft and subject to change.

CONSTITUTION

A Social Contract

Among the People of the Chiricahua Apache Mimbreno Nde Nation

This Agreement is between the Chiricahua Apache Mimbreno Nde Nation and its Members for the purpose of establishing the rules of membership in the Chiricahua Apache Mimbreno Nde Nation, to create a social system in which the property of all its members is protected, simultaneously, to secure a free society, advance liberty, justice, and moral action within it, and to establish the rights and obligations of its Members all of whom must enter into this social contract voluntarily.

Furthermore,

To ensure the Chiricahua Apache Mimbreno Nde Nation begins its operations as a free society acting in harmony with nature and perpetually remains so, its government will operate in accordance to the science of Open Source Government, using methods, technologies and algorithms that best sustain the highest possible operational freedom as defined within this Constitutional Agreement.

Therefore,

There are a number of principal and fundamental terms used throughout this social contract that have consistent and scientific meanings which are enumerated in the included Glossary of Operational Definitions.

Declarations

In the Chiricahua Apache Mimbreno Nde Nation there are no coercive political laws. Rather, there are Contractual Conditions and adherents to this Constitution voluntarily agree to be bound by them.

This Constitution shall constitute the main contractual conditions of the Chiricahua Apache Mimbreno Nde Nation and, as such, shall be directly enforceable in all arbitration courts and hearings.

Every individual and/or corporation in the Chiricahua Apache Mimbreno Nde Nation is sovereign.  No individual and/or corporation shall have property rights more powerful than any other individual and/or corporation.  The property rights of the Chiricahua Apache Mimbreno Nde Nation Tribal Council shall be no greater than the property rights of the members of the Chiricahua Apache Mimbreno Nde Nation; no member shall have property rights greater than the Tribal Council.  The Chiricahua Apache Mimbreno Nde Nation Tribal Council and all individuals and corporations within the Chiricahua Apache Mimbreno Nde Nation, all of whom must enter into this social contract voluntarily, shall be equally subject to the terms described in this Constitution.

The Chiricahua Apache Mimbreno Nde Nation affirms and adopts the United Nations Declaration on the Right of Indigenous Peoples as accepted by the UN General  Assembly on September 13, 2007 insofar as it does not violate the principles of non-coercion and the achievement of the highest possible operational freedom which are central to this Constitution.

Furthermore, this Chiricahua Apache Mimbreno Nde Nation shall be compliant with Common Law that is contractual in nature insofar as it does not violate the same principles of non-coercion and the achievement of the highest possible operational freedom which are central to this Constitution.

All contracts within the Apache Nation shall be coherent with and comply with this Constitution.

The jurisdiction of this Constitution shall extend to the whole territory of the Chiricahua Apache Mimbreno Nde Nation, including the premises of any of its extraterritorial diplomatic missions, hub zones, sub-hub zones, airspace, territorial waters, future territories, and any other territory that exists or may come to exist.

Any ambiguity in this Constitution shall be resolved so as to give the greatest measurable amount of operational freedom to all individuals and corporations affected by such ambiguity.

Glossary of Operational Definitions

Primary Terms

Ideal Freedom
The societal condition in which all people have full (100%) control over their own property.

Operational Freedom
The stable, aggregate, systemic and measurable progress of society towards Ideal Freedom.

(Fc = 1C) where C is > 0 and < 1 and where F = operational freedom and C = coercion.

Property
An individual’s life, actions and all non-coercive derivatives thereof.

There are four kinds of property:
Life, Ideas, Human Actions, and Tangible Results of Human Actions.

Coercion
Any action by A that intentionally causes a measurable loss to B, except actions made in self-defense.*

*(where A and B are any individual or any group of individuals)

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Secondary Terms

Tribal Council
The governing body which establishes the rules of the Chiricahua Apache Mimbreno Nde Nation and ensures those rules are always coherent and concomitant with the principles of freedom outlined in this Constitution.

Arbitration
A professional person or group of people, with Chiricahua Apache Mimbreno Nde Nation credit ratings at risk, hired to settle a property dispute.

Contract
A voluntary agreement between two or more individuals and/or groups of individuals for the purpose of exchanging property.

Contract (social)
A contract for the purpose of governing a society.

Corporation
Any group of human beings united for a specified purpose or set of purposes.

Crime
A successful act of coercion.

Emergency Measure
A temporary, extra-contractual response by the Chiricahua Apache Mimbreno Nde Nation Tribal Council to a serious and dangerous threat to the property one or more of its citizens, business associates and/or allied brothers and sisters.

Fee
A payment voluntarily made (or proposed) for a product or service.

Gain
Any addition to what an individual possesses or controls.

Government
Any mechanism to protect property to which you can voluntarily subscribe.

Individual
Any human being or any other being capable of volition.

Injustice
A crime for which there is no recourse.

Justice
The elimination of injustice.

Liberty
The ownership of one’s actions.

Loss
(negative gain)
Any subtraction from what an individual possesses or controls.

Morality
The totality of non-coercive action. (A moral action is any action that is non-coercive.)

Nde
The Native American people.

Ownership
Control or possession of one’s life, actions, and any other thing that does not cause a measurable loss to another.

Restitution
The restoration of lost, damaged and/or stolen property to its owner; if restoration is not possible then an agreed upon financial settlement.

Self-Defense
Any action to protect things one owns, or to protect things owned by a person who is contractually in one’s care.

(This is not a categorical, but a causal definition; self defense is a temporal event; i.e., A’s possession of thing X and A’s protection of thing X are two different acts separated in time; if, and only if, B has made a prior attack upon A’s thing X, then A may act to stop B’s attack in order to protect A’s thing X even though it may cause an intentional and measurable loss to B; however, such a loss to B may not be intentionally and measurably disproportionate.)

Society
A gathering of individuals to exchange property.

Tax
The seizure of property to finance the operation of a political state.

Tyranny
Any social system in which coercion is institutionalized and justice is unattainable.

Social Harmony
A metaphorical expression meaning social agreement between people and/or groups of people.  Such agreement can only be achieved and sustained by systematic protection of all people’s property simultaneously.

Science
An organized system of intellectual models that accurately represent nature; the written or recorded form of such intellectual models.

Operational Definition
A term is operationally defined if its definiendum specifies a set of operations to physically measure its existence.

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References to

The Chiricahua Apache Mimbreno Nde Nation Corporate By-Laws

And

The Chiricahua Apache Mimbreno Nde Nation Irrevocable Common Law Business Trust

And

The Chiricahua Apache Mimbreno Nde Nation Membership Agreement

will be inserted here.

Also inserted here will be general descriptions of…

Membership:

  • Who may qualify to be a Chiricahua Apache Mimbreno Nde member
  • Three Types of Membership: Citizen, Business Associates, Allied Brothers and Sisters
  • Description of the procedure to become a member
  • Termination of membership
  • Chief Carlos Runningwolf has the sole authority to adopt or remove members at his sole discretion at any time without tribal council approval.

Jurisdiction:

  • Geographical location
  • Hub zones and Sub-Hub zones
  • Virtual territories

Governing Body:

  • CEO / Tribal Chief
  • Other primary roles of the Tribal Council
  • Procedure for replacing Tribal Council members
  • Procedure for Succession

Procedure(s) for Amending this Constitution

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Bill of Rights

This Bill of Rights enumerates certain important rights of citizens, business associates and allied brothers and sisters in this social contract.  However, the enumeration of these particular rights does not preclude the existence of other rights retained by the citizens, business associates and allied brothers and sisters in the Chiricahua Apache Mimbreno Nde Nation.  A complete accounting of rights can be derived from the concepts defined in this Constitution’s glossary.

Property Rights

Taxation

No form of taxation shall operate within the Chiricahua Apache Mimbreno Nde Nation.   No form of taxation, tariff, duty, or levy shall be imposed upon goods and/or services exported from or imported into the Chiricahua Apache Mimbreno Nde Nation, nor shall any form of taxation, tariff, duty, or levy shall be imposed upon any physical or digital currency.

However, fees as defined in this Constitution’s glossary may be charged by the Chiricahua Apache Mimbreno Nde Nation Tribal Council for goods and/or services in accordance to the terms of the Chiricahua Apache Mimbreno Nde Nation Membership Agreement.

Regulation

The Apache Nation shall not regulate the non-coercive use of private property.

However if any person or corporation repeatedly and/or significantly acts coercively, and/or fails to cease said coercion and/or pay restitution for damages cause by said coercion, the Chiricahua Apache Mimbreno Nde Nation shall have the right to remove and exclude such person or corporation from its community.

The Chiricahua Apache Mimbreno Nde Nation shall not interfere with or regulate any contract made between individuals and/or corporations in which the object of said contract is non-coercive, and no Chiricahua Apache Mimbreno Nde Nation Tribal Council policy may mandate or forbid such a contract.

Seizure of Property

No person shall have his or her property confiscated.

However, the Chiricahua Apache Mimbreno Nde Nation Tribal Council may freeze the assets of an individual or corporation, or adjust his and/or her and/or it’s credit rating, in whole or in part, or restrict his and/or her and/or it’s liberty if and only if it is acting in response to an act of coercion committed by that individual or corporation and the Chiricahua Apache Mimbreno Nde Nation Tribal Council deems requires an emergency measure response.

Such an emergency measure credit rating adjustment and/or restriction of liberty may stay in place until arbitration determines whether a measurable action of coercion has taken place has been concluded at which time all imposed emergency measure credit restrictions of the accused individual and/or corporation must be removed so that normal free market forces can resume.

If such emergency measure freezing of assets and/or credit adjustment and/or restriction of liberty in enacted, and arbitration determines the accused individual and/or corporation had committed no act of coercion, the Chiricahua Apache Mimbreno Nde Nation Tribal Council may owe restitution to the accused party(ies) in accordance to the terms of the Chiricahua Apache Mimbreno Nde Nation Membership Agreement.

Freedom of Expression

The Chiricahua Apache Mimbreno Nde Nation shall not regulate free speech, nor the creation, publication, distribution of any printed materials, radio, television, the internet or any other medium of exchange of information that now exists or may come to exist.

The Chiricahua Apache Mimbreno Nde Nation shall not impose rules concerning the uploading, transmitting, displaying, broadcasting, accessing and/or publishing such information, nor shall it impose licensing and/or registration policies that would infringe upon these rights.

No individual and/or corporation shall be charged with any criminal offence for any statement of opinion, whether offensive or otherwise; free expression shall be allowed in all public areas within the Chiricahua Apache Mimbreno Nde Nation.

All Individuals in the Chiricahua Apache Mimbreno Nde Nation shall have the right to assemble peaceably.

No Chiricahua Apache Mimbreno Nde Nation Tribal Council policy shall prohibit video and/or audio recording where there is no reasonable expectation of privacy.

No Chiricahua Apache Mimbreno Nde Nation Tribal Council policy shall prohibit the establishment or practice of any religion.  However no coercion is allowed regardless of whether it is religiously or philosophically motivated.

Citizenship

Any Person who fulfills the requirements prescribed by the terms of the Chiricahua Apache Mimbreno Nde Nation Membership Agreement shall be eligible to obtain citizenship therein.

Should a Person be born to parents of whom at least one is a Citizen of the Chiricahua Apache Mimbreno Nde Nation, he or she shall automatically be entitled to citizenship therein.

A citizen, business associate, or allied brother or sister may have his or her citizenship revoked by the Chiricahua Apache Mimbreno Nde Nation Tribal Council upon repeated and/or significant convictions in arbitration for criminal offence.

Privacy

The personal data of all individuals and corporations shall remain private in their persons, houses, places of business, digital files, servers, cloud servers, documents, as well as in other effects such as identification, medical condition, fingerprints, DNA data, religion, political affiliation.

No person or corporation shall have this privacy violated by searches, seizures, surveillance, or gathering of personal information without his or her or its express and informed consent.

However, if and only if the Chiricahua Apache Mimbreno Nde Nation Tribal Council is acting in response to one or more act(s) of coercion committed by an individual and/or corporation, and the Chiricahua Apache Mimbreno Nde Nation Tribal Council deems it is necessary to invoke emergency measure powers, such personal data may then be seized.

If the Apache Nation Tribal Council invokes said emergency measure powers, then a warrant for the seizure of personal data and/or tangible things must specify the place to be searched, and the data and/or to tangible things be seized; tangible things and/or data seized by the Chiricahua Apache Mimbreno Nde Nation Tribal Council shall be used only for the purposes for which they were collected, and shall be kept confidential until it is determined in arbitration whether tor not act(s) of coercion for which said emergency measure powers were invoked actually took place.

If such emergency measure seizure of an individuals’ or corporations’ tangible things and/or data is invoked, and formal arbitration determines the accused individual and/or corporation had committed no act of coercion, the Chiricahua Apache Mimbreno Nde Nation Tribal Council may owe restitution to the accused party(ies) in accordance to the terms of the Apache Membership Agreement.

Liberty

The right to own and control one’s actions shall be secure.  No Chiricahua Apache Mimbreno Nde Nation Tribal Council policy shall restrict the non-coercive movement of any individual or the non-coercive activities of any corporation.

However, if and only if such liberty clearly endangers other people – as is the case with a highly contagious and deadly disease or with a person who is clearly intent on causing bodily harm to others – that person and/or corporation’s liberty may be restricted pending arbitration.

All citizens, business associates and allied brothers and sisters of the Chiricahua Apache Mimbreno Nde Nation shall have equal liberty regardless of race, gender, religion, opinion, belief, or any other non-coercive personal background.

All visiting individuals and corporations, while physically within the Chiricahua Apache Mimbreno Nde Nation’s jurisdiction, shall enjoy the same liberty as citizens, business associates and allied brothers and sisters of the Chiricahua Apache Mimbreno Nde Nation

Arbitration

The Chiricahua Apache Mimbreno Nde Nation requires the speedy settlement of any crime(s) and/or other non-criminal property dispute(s) that occur within its jurisdiction.  Where possible, such settlement shall first be based upon the property rights of parties as determined by existing contract(s) including this Constitution.  If existing contract(s) is/are ambiguous, the parties in dispute shall re-contract, if possible.

All non-criminal disputes are between individuals and/or corporations; there is no such this as a property dispute against society-at-large or against the Chiricahua Apache Mimbreno Nde Nation; it is only possible for non-criminal property disputes to exist between individual(s) and/or corporation(s).

Whereas, all criminal action can only be committed by individuals, and cannot be committed by corporations and/or society-at-large; whereas it is impossible for a crime to be committed by a corporation; therefore, only individuals and not corporations and/or the Chiricahua Apache Mimbreno Nde Nation shall be the subject of criminal arbitration.

Whereas there is no such thing as a crime against society-at-large or against the Chiricahua Apache Mimbreno Nde Nation, no alleged crime against society-at-large and/or against the Chiricahua Apache Mimbreno Nde Nation shall be the subject of arbitration.

Arbitration shall only be done in the jurisdiction of the Chiricahua Apache Mimbreno Nde Nation by private arbitration businesses.  The Chiricahua Apache Mimbreno Nde Nation Tribal Council shall not arbitrate property disputes and/or allegations of criminal activity.  All arbitration companies that operate within the Chiricahua Apache Mimbreno Nde Nation must meet the standards of quality described in the Chiricahua Apache Mimbreno Nde Nation By-Laws.

If it is determined in qualified arbitration that a non-criminal property rights infraction has occurred, all restitution for said infraction shall be owed to the individual(s) and/or corporation(s) that has/have suffered a loss; it shall not be owed to the Chiricahua Apache Mimbreno Nde Nation or its Tribal Council.

If it is determined in qualified arbitration that a crime has been committed, all restitution for said crime shall be owed to the individual(s) and/or corporation(s) that has/have suffered a loss; not to the Chiricahua Apache Mimbreno Nde Nation or its Tribal Council.

All settlements of property disputes and/or crime shall be based upon the concept of the simultaneous protection of the property rights of all individuals and/or corporations involved in said dispute and/or crime; whenever possible, existing contracts shall be used to determine the boundaries of property rights.

All individuals in criminal arbitration shall have the right to be presumed innocent until proven guilty;

No individual shall be compelled to testify against himself or herself;

All defendants in criminal proceedings shall have the right to speedy and public arbitration;

No individual shall be convicted of any crime by virtue of mere association with other individual(s) suspected or found guilty of the same or related crime; some form of active criminal participation must be proven;

No individual shall be convicted of a crime for merely considering the intentional commitment of coercion, whether by himself or herself or together with others; active planning must be proven.

Right to Self-Defense

All Persons shall have the right of defend their property and/or to contract with any agent to defend their property.

Furthermore, all Individuals shall have the right to own, manufacture, sell, transfer, transport, bear and use any small arms, as defined internationally, arms accessories or ammunition; no form of licensing and/or registration shall be used to infringe upon these rights.

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Fundamental Constants

To ensure the rules of the Chiricahua Apache Mimbreno Nde Nation are and will remain in harmony with nature, it will at all times operate in accordance with the following two Laws of Open Source Government.

First Law
All people live to pursue gain.

Second Law
Freedom and coercion exist in inverse proportion in which
coercion is the independent variable and
freedom is the dependent.

(Fc = 1-C where C is > 0 and < 1
and where F = operational freedom and C = coercion)

The Chiricahua Apache Mimbreno Nde Nation accepts these First and Second Laws as incontrovertible and as scientifically identified fundamental constants of nature.

Therefore in order to systematically reduce crime, injustice and tyranny, all its governmental systems, technologies and algorithms, will operate in such ways so as to utilize these two principles and not to attempt to ignore or defeat them.

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Limits On Amending This Constitution

The purpose of this Constitution is to ensure the rules of the Chiricahua Apache Mimbreno Nde Nation create and sustain a community in which the highest possible measurable amount of operational freedom exists.

Therefore, the Primary and Secondary definitions in this Constitution’s glossary and two Fundamental Constants which are the scientific concepts upon which this Constitution operates may not be added to, altered, changed or amended unless and until new definitions are scientifically shown through corroborated experimentation to be superior to achieve the goal of creating the highest measurable degree of operational freedom.

 

This Constitution, a voluntary social contract, was written for the Chiricahua Apache Mimbreno Nde Nation by Charles (Chas) Holloway, creator of Open Source Government, on February 21, 2018.  

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© Copyright by Charles (Chas) Holloway 2018