WITHOUT PREJUDICE _____________________________________________ ERRORS & OMISSIONS EXCEPTED
DEC 21ST SINCE TIME BEGAN 2015 ADE
HRH In Speculatione Sequentis HRH
DEC 21ST SINCE TIME BEGAN 2015 ADE
HRH In Speculatione Sequentis HRH
KWA'MUTSUN NATION STATE DECLARATIONS
Founding Statement, Charter and Constitution
It is the purpose of this Kwa'mutsun Nation State Charter to provide education in the practise of good governance through the reign and rule of its sui juris Absolute Sovereign Her Royal Majesty Stitumaatulwut Hwuneem.
Constitution
Of Kwa’mutsun Nation State
In The
Beginning There Was Truth; And, It Has Prevailed
ARTICLE I
PEACE
ARTICLE II TRUST
ARTICLE
III FRIENDSHIP
Terms Guide
A people is a group of persons organized in one body and having common origin, tradition and language.
Political Science Definitions / January 18, 2009 / Last Updated 8-12-2014
Founding Statement, Charter and Constitution
Kwa'mutsun Nation
State
Declaration
The State
Whereas, since the
beginning of time, sovereign persons with legal capacity
and juridical subjectivity of these lands within the west coast of Turtle Island North [today known as North America] have gathered as a continued
independent people with juridical personality for mutual intent of
forming an understood nationality; and, therein, have caused a
set of common cultural practises to occur over time, including a structured
language; and have bonded together within a certain perceived social
contract with the intent of establishing the security of the individual
human being or natural person in a society organized in a
centralized form of government; and, further, having developed a state of
leadership within a set of rules, these People have passed forward to each
subsequent generation the accumulated knowledge of individual and common duties
of care therein; and, thereafter, within a tradition of allegiance to the
rights and duties there have arisen for the purposes of leadership the
lineage of the absolute monarch of this independent state;
hereafter to be known as Kwa'mutsun Nation State.
This said territorial sovereign Kwa'mutsun Nation State lies within a
defined territory, recognized and respected by other persons and people beyond
this said territory as being held in absence of debellatio. Her Royal
Majesty Stitumaatulwut Hwuneem, suis juris sovereign, being the legibus
solutus monarch, holds suis juris juridical personality.
The
independent absolute monarchy of Kwa'mutsun Nation State of Her Royal Majesty
Stitumaatulwut Hwuneem holds territorial sovereign pretensions ab initio never
having been relinquished by debellatio.
Suis juris
Sovereign prerogatives are held by
Her Royal Majesty Stitumaatulwut Hwuneem and must be construed within relevant
corpora juris including jus imperii, jus gladii, jus majestatis and jus
honorum. Her Royal Majesty Stitumaatulwut Hwuneem reigns and rules motu
proprio directly or indirectly, at Her pleasure, by duly appointed agents.
Her Royal
Majesty Stitumaatulwut Hwuneem, while exercising sui juris absolute sovereignty
over the Kwa'mutsun Nation State (an independent sovereign state, under
international law) acts as the Head of State, Head of Government and Head of
the Church of the Kwa’mutsun Nation State.
The Kwa’mutsun Nation State’s nature is intrinsically identified as
follows:
1.an established nationality since before 10,000 years ago, Hul'qumi'num'
being the foundational language;
2. one government body presiding, wherein there are the judiciary,
executive and legislative branches;
3.one continuous settlement in its traditional territories since the
beginning of time;
4. an historical and modern era practice of commerce and trade with
other independent sovereignties; and,
5. a continued declaration and exercise of being independent in spirit
and practice.
The founding charter and constitution declarations are rooted within the
oral customary laws and practices of the Kwa'mutsun People. In modern terms,
these said customs and constitutional practices continue to be preserved within
the traditional and confidential longhouse organization. Publication of
contemporary tomes are translated from the traditional Hul'qumi'num' language,
which holds absolute precedence over any other language, into the English
language, for educational purposes only.
Kwa'mutsun Nation State is a
dynastic state of Her Royal Majesty Stitumaatulwut Hwuneem, whose dynasty has
been reigning and ruling consecutively since man descended from the Creator.
Citizenship is a qualified, regulated privilege, at times, mediated through
birthright. Any person who is subject to the exclusive jurisdiction of Her
Royal Majesty Stitumaatulwut Hwuneem is Her Royal Majesty's subject. As the
Military Head of the Kwa’mutsun Nation State, Her Royal Majesty Stitumaatulwut
Hwuneem assures territorial integrity with vigour, preserving the traditional
roles of Peace, Trust and Friendship / Gus Wen Tah / Two Row Wampum.
Modern Era Declaration
Charter
In an
expression of common purpose, this
Kwa'mutsun People has founded a unified body of originators whose duty has been
to translate, for educational purposes only, from the Hul'qumi'num' language
(which holds absolute precedence over any other language) into the English
language, those statements of commonality that shall serve as the specific
direction of the Kwa'mutsun Nation State; bearing in mind that the said duty is
intertwined within more than 10 millenia of continuous, structured settlement
within a defined territory; and, whose natural resources have evolved through
time; as have the cultural and governance practices of said People.
The
practise of said originators has been to
determine with clarity those embodiments of social construct that shall
determine the continued and successful individual and group relationships of
those persons who, as citizens and subjects, are both obligated therein and,
simultaneously, entitled to provide for and protect all of those persons who
legitimately settle these Kwa’mutsun Nation State territories.
This Kwa'mutsun Nation State Charter is one of declaration of continuous good stewardship to the Earth as
directed for through the Creator; namely, to harvest the abundance with care
and humble respect; to nurture the continuance of these renewable resources;
and, to harvest those limited resources with caution and awareness to the
demands as shall arise in future generations.
It is the purpose of this Kwa'mutsun Nation State Charter to provide education in the practise of good governance through the reign and rule of its sui juris Absolute Sovereign Her Royal Majesty Stitumaatulwut Hwuneem.
Modern Era Declaration
Constitution
Of Kwa’mutsun Nation State
In The
Beginning There Was Truth; And, It Has Prevailed
Preamble
It shall be known to all; and, embraced
as being the fundamental truth, herein, that this Kwa'mutsun Nation
Constitution is one of clarity; arising from the grace of the Creator; wherein
all governance shall be founded and exercised through the sacred principles of
Peace, Trust and Friendship or Gus Wen Tah; and, that this said constitution is
a living one, as is the water that we drink; the air that we breath; and, the
land upon which we shall build and maintain our Nation. The Kwa'mutsun Nation
State is the dynastic state of Her Royal Majesty Stitumaatulwut Hwuneem who, as
Head of the Name and Arms of Her royal dynasty, reigns and rules as the sui
juris Absolute Sovereign of the Kwa'mutsun Nation State.
ARTICLE I
PEACE
1.
There shall always be the thrust of governance to foster peacemaking in
opposition to warfare in all domestic and foreign affairs; specifically, that
peace as opposed to war is the fundamental inclination of the person; and, that
this ethic shall continue to be the apex of diplomacy in all matters of state
forever,
ARTICLE II TRUST
1.
It is the fundamental nature of the person to offer trust of purpose to all
others; and, therein,
2.
All of the actions of this Nation shall reflect the consensus of design, as
arises from its sui juris Absolute Sovereign.
ARTICLE
III FRIENDSHIP
1. It is fundamental that this state of friendship is
the root of both Peace and Trust.
Throughout all matters of state and
civility, the essence of this Supreme Law must be maintained with unfeigned
clarity, namely, that the human conscience - of morality and good ethic -
arises and is sustained through these three fundamental principles of Peace,
Trust and Friendship.
Terms Guide
Monarchical Nation State Guidelines
Political Science: Monarchical
Generic Guidelines : Definitions
A people is a group of persons organized in one body and having common origin, tradition and language.
A nationality is a people capable of establishing a
functional state. Once a state is established, nationality may also refer to
the juridical definition of nation, that is the legal relationship involving
the allegiance of a person to a state and the protection accorded to such a
person by such a state.
A nation politically is a nationality that has
established a functional state.
A federal
nation is a nationality that
established a federal state.
A sovereign is defined as a person independent
from any other. A sui juris sovereign is a sovereign holding sui juris juridical personality either as an entity,
such as a state, or as a natural person; a sui jurissovereign is
ordinarily legibus solutus.
An ex officio
sovereign is a sovereign
holding juridical personality as a consequence of the office it holds; an ex
officio sovereign is always sub lege, quia lex facit principem.
The status, power, dominion and rule
of a sovereign define
sovereignty, i.e. the supreme and absolute, or independent, political
authority.
Sovereignty that originates from a
territory is defined as territorial sovereignty and it is maintained until lost
by debellatio. When a territory is actually being controlled by a force, other
than the one of the original sovereign who lost control over it without
debellatio, a territorial sovereign pretension is established under
International Law and such an original sovereign is identified as a legitimate
pretender.
Sovereign prerogatives consist of any and all the rights contained in the bodies of law
(corpora juris) that define and identify a sui juris sovereign, within a
society or the international community; said corpora juris are as follows: jus
imperii, jus gladii, jus majestatis and jus honorum.
Sovereign functions are the activities
inherent to a sui juris sovereign, i.e. any and all activities effected
pursuant to the exercise of any and all rights contained in jus imperii, jus
gladii, jus majestatis and jus honorum. Whenever said activities are effected
directly by a sui juris sovereign, they are construed as originating pursuant
to the motu proprio exercise of sovereign prerogatives; whenever said
activities are effected through an agent of a sui juris sovereign or directly
(and not pursuant to the motu proprio exercise of sovereign prerogatives) by a
sui juris sovereign through any office of any one of said agents, they are
construed as originating pursuant to the exercise of ex officio rights.
A person has juridical personality when it
holds legal capacity and juridical subjectivity.
Legal capacity is defined as the set of
all the rights that a person holds. When a person is a sui juris sovereign, its
legal capacity (a set of prerogatives only) exists in its own right or sui
juris and it is independent from any body of laws (corpus juris); conversely,
any other person's legal capacity exists only as a consequence of the set of
obligations (juridical subjectivity) that such a person holds within a given
corpus juris.
A sui juris
sovereign holds sui juris
juridical personality, i.e. sui juris legal capacity and juridical subjectivity
(that may be held either sui juris or, concurrently, both sui juris and within
any relevant given corpus juris); whereas, any other person, including an ex
officio sovereign, holds juridical personality only as a consequence of, or
within, a given corpus juris (including international treaties or similar
instruments). Within any corpus juris and in relation to any other person
holding juridical personality within any such a corpus juris, legal capacity
and juridical subjectivity are sui juris.
A person who holds sui juris legal capacity and
juridical subjectivity, both sui juris and, concurrently, within a given corpus
juris, is a sui juris sovereign subject of such a given corpus juris;
conversely, any other person is a liege subject or simply a subject of any said
given corpus juris.
As a liege
subject, an ex officio sovereign may effect either acta jure gestionis or
acta jure imperii (the latter ones only when acting as a consequence of the
office it holds). In regard to an ex officio sovereign, acta jure gestionis do
not enjoy immunity from jurisdiction; however, while said ex officio sovereign
holds office, they do enjoy immunity from execution unless expressly waived, on
a case-by-case basis.
Conversely, in regard to a sui
juris sovereign, such a sovereign will always be found as effecting, or
having effected (even ex tunc, whenever applicable), only acta jure imperii
which are generally presumed always to enjoy immunity from both jurisdiction
and execution unless expressly waived, either one of them or both, on a
case-by-case basis.
A sovereign
state is a state that holds
full sovereign prerogatives although its exercise of such sovereign
prerogatives and ensuing functions might be restricted, directly or indirectly,
by one or more other sovereign states. In establishing their
relationships with each other, sovereign states must recognize, expressly or implicitly,
their respective governments; when such governments are recognized, the
existence of their respective states is implied ex tunc.
An independent
sovereign state consists of a
sovereignty whose institutions, as a whole, exercise said sovereignty's full prerogatives
(offices of a Head of State) and partial or full functions (offices of a Head
of Government) over a group of persons organized as one body and subject
exclusively to said sovereignty (or supreme and absolute political authority)
itself.
Today, an ex
novo independent sovereign state is
considered modern when it fully complies with the following requirements under
applicable international law: (a) it must be established by a nationality; (b)
it must be organized under one government; (c) it must occupy one or more
territories (boundaries must not necessarily be clearly defined or marked); (d)
it must have the capacity to enter into any relationship by any means, under
applicable laws, with other independent sovereignties;(e) and, it must continue
to be independent.
A modern state is any independent state that finds
itself as holding juridical personality sui juris within or pursuant to either
the Treaty of Westphalia of 1648 or, whenever applicable, the precepts of the
Treaty of Vienna of 1814.
An ex novo
modern state or contemporary
state is any independent functional state initially organized within, pursuant
to or after the Treaty of Westphalia of 1648 and in accordance with the
peremptory norms (a.k.a. jus cogens) and customs of International Law,
applicable at the time of its inception.
A nation-state consists of a sovereignty's
institutions as a whole that hold indissolubly in themselves all the
characteristics and attributes of a nation and whose inherent independent
sovereign powers assure the preservation and continuation of the national
identity and unity of the persons, a people, such institutions host.
A nation-state,
although a non-national state, may over time evolve into a national state. Said
evolution does not in itself qualify such an ab initio nation-state as a modern
state established ex novo; it simply re-qualifies a nation-state as a national
state whose origin remains (and will continue to remain) proper to a
non-national state.
A state is a national state when it is
established by one nationality or more nationalities.
In a national
state, the relationship between a nation and its state must always be
homogeneous (i.e. fully sharing similar or identical institutions). Whenever
such a relationship is not homogeneous, a national state will technically cease
to exist.
A dependent
state or a dependent
sovereignty is a state or sovereignty that depends, directly or indirectly, on
one or more other sovereign states for the exercise of part or all its
sovereign prerogatives or functions. A dependent state is also defined as a
nationality that established a state that is not independent.
A dynastic
state is a state whose
sovereignty lies in the Head of the Name and Arms of a dynasty.
A dynasty is a sovereign family whose at least
two Heads of its Name and Arms have ruled not necessarily consecutively.
A federal state is a union of states whose government
administers whatsoever sovereign functions each member state delegated to such
a union; nonetheless, such a union is not sovereign, it simply acts on behalf
of its member states that continue to retain sovereign prerogatives and powers.
A regional
state is a member state of a
federal state.
A body politic is defined as the political unit, or
any of its agencies, that exercises political authority through an
organization. A body politic is also defined as the people as a whole, or the
aggregate people, of a nation or a state. The people element in a nation, which
is basically a nationality that has organized a functional state, is a body politic.
Politics is the art or science of
government, the ability to direct or influence government policy, or the
capacity to gain or hold actual control of a government.
A political
party is a group of people
organized in a structure, formal or informal, for the purpose of gaining and
holding control of a government, or for the purpose of directing or influencing
government policy.
In an indirect
democracy, a political party establishes, for all its members, a common
agenda known as the platform; this platform consists of three main activities
of interest: (i) strategizing to identify and promote candidates in political
elections; (ii) establishing the administrative and political agenda, should
such party gain control of the government; or if not, (iii) exerting influence
over government policy by opposing the leading political party or coalition.
A government is the organization through which a
political unit, or any of its agencies, may exercise authority. A government is
totalitarian when it forces its authority on the people over whom it governs;
the government of one individual, holding unlimited authority over the people
whom it governs, is not totalitarian if such people, of their own free will,
subject themselves to such a government.
Authority is the ability to
establish, interpret and enforce laws that are binding over people or over a
well-defined territory.
Jurisdiction refers to the limits
within which authority can be exercised over people or over a well-defined
territory.
A territory is a geographical area that belongs
to, or is under the jurisdiction of, a government.
(A state does
not have to absolutely own a territory; it simply has to occupy it.) A
debellatio, during peacetime, is the motu proprio devolution of sovereignty
from a sovereign to another person; it needs not be formal and may take any
form acceptable to both said sovereign and said other person.
During wartime, a debellatio
is the motu proprio devolution of territorial sovereignty from one sovereign
(the conquered) to another (the conqueror) as a consequence of the loss of a
war. Even in this case, debellatio needs not be formal and may possibly take
any form acceptable to the conqueror. A debellatio may not be executed unless
all the following events will have first occurred: (a) a war must have been
formally declared among two or more independent sovereignties; (b) the central
government and the infrastructure of the sovereignty being attacked must have
been made fully non-functional by the conquering force; (c) an unconditional surrender
of the defending force to the conquering force must have been executed.
(A debellatio may be executed concurrent or
consequent to an instrument of unconditional surrender and, concurrent or
consequent to said debellatio, the territory of the conquered may be annexed to
the territory of the conqueror.) Consequent to an unconditional surrender, with
or without a debellatio, a peace treaty must be executed to end said war.
An association is the voluntary and spontaneous
gathering of people who share common purposes and goals; such people are
organized in or without a formal structure.
An association needs not be established according to
the laws of any jurisdiction; nonetheless, an association may need to be
authorized to exercise its functions in any of the jurisdictions in which it
operates. Whenever an association is established according to the laws of a
specific jurisdiction, such an association will hold juridical personality
within said specific jurisdiction. When an association is also a subject of
public international law, it may further be qualified as “free” not only in
reference to the fact that it is autonomous or independent of any jurisdiction
but also because its members, or associates, within the jurisdiction in which
such an association is legally or politically respectively authorized to
operate or recognized, are free to exercise their individual membership rights
and privileges, thus fulfilling their respective obligations, regardless of the
laws of the sovereignty of which they are nationals, or citizens, or in which
they may reside.
An institution is a structure or mechanism of social
order and cooperation governing the behavior of a set of persons within a given
human collectivity.
Political Science Definitions / January 18, 2009 / Last Updated 8-12-2014
