How to Create a De Jure Government via Constitutional Convention
How and who properly creates constitutions and sovereign democratic republic countries. It requires merely a public consensus about the purpose of the nation and how to best achieve it.
a) First, there has to be a territory (like a Canadian province, i.e. Alberta) whose people desire to be a sovereign and democratic nation.
b) From among themselves the people select, by vote or appointment, a temporary committee and charge it with the formulation of a constitutional convention and how to elect the delegates.
c) The convention and delegates gives a draft constitution to the people for review and public debate, to provide an opportunity for changes.
d) After a first public debate the delegates retire back to the convention to work out the changes, after which it is submitted again to the people for review and further changes, if necessary.
e) This process is repeated until the constitution has become a formula acceptable to a substantial majority of the people.
f) Now the people vote to ratify the constitution; to accept (or reject) the constitution with a pre-determined majority (75% for example).
g) If the required majority cannot be achieved, further changes must be made until the formula becomes acceptable to the required number of people.
h) The entire process is recorded and documented as proof of the constitution’s authority.
i) On the basis of the constitution a government is then formed, which is contractually bound (social contract) to respect it and conduct itself in accord with it.
j) Now this sovereign nation can form a federation with other sovereign nations, if it wishes to do so.
Note; that no consideration has been given to the manipulative interference from privately owned media monopolies or Law Societies i.e. the BAR.
Note; that the constitution is created first, then the government. To create a democratic nation for the people, by the people, of the people, it cannot be any other way.
Note; no foreign government can formulate (or create) the constitution of another country. It has to be created by the people themselves and becomes thus, for all intents and purposes, their protective property. It’s not only the law but is a contract, which subjugates the government to the people. The government derives a limited authority to govern from it, always subject to the people’s authority.
“The Key to a legitimate constitution lies in the process in which it was built as well as its content.
A constitution alone may not accomplish our desired goals, in that it is not self executing. We must remain engaged throughout all stages. Always keep in mind that constitution builders should recognize their own self-interest in constitutional outcomes, which might influence the design of constitutional institutions and processes.”
Consider: Designing the electoral system, or voting process within the process of conventions…. i.e. Will the clauses be posted online to vote on? Will the draft constitution be taken back to the communities in whole or in part, for the people to vote on?
Having everyone invited to take part in the process is called “Popular Legitimacy” in the constitution-building process (and its outcomes), when people are consulted and their views taken into account.
It would be wise during the framing stage for constitution builders to make four kinds of decisions:
1) Those related to the process dimension i.e. the procedures, institutions, rules, timing and responsibilities for decision making.
2) Those related to the content. i.e. definitions and terms that are written in plain English under Common Law, definitions which can be found in Merriam’s Webster’s dictionary or a common law dictionary i.e. Bouvier’s or Ballentine’s.
3) How to implement the constitution… i.e. incrementally in different stages over a specified time period, or have everything in place, and make the massive change.
4) Design an interim government and transition plan, with definitive time allotments for each stage.
Benefits of Constitutional Committees
People may participate democratically in the framing of a constitution that will shape their relationship with the government.
People can educate and familiarize themselves with the content of constitutional issues prior to voting.
We can help people choose freedom over subjugation.
A Practical Guide to Constitution Building
http://www.corteidh.or.cr/tablas/28328.pdf
