Wednesday, May 21, 2008

IDENTITY II

Establishing citizenry is a problem having no clear solution that I am aware of. But, that does not mean we should not review it, study it, and make the best we can of it and fix all of its problems for Constitutionality.

The first principle I take is that citizenship must be established "ethically" (I purposely use this word in contrast to the "alternative word" in vogue of "legally", as it more accurately represents the needs of Commons Sense Constitutionality. To whit, it reflects the purposes of the Constitution and not the presently in vogue "created terms" having no Constitutional meaning such as "the rule of law", "due process (under the law", "equality before the law", "judicial review", "the militia (not the Militia please note)", "citizenship" and others of this ilk!

Ethically here means that the concept that each and every act organization and law of the US Constitution must be in full compliance with all of the US Constitution, The Declaration of Independence, The Articles of Confederation, The Common Law of June 1776 and it's present meaning to "WE THE PEOPLE", and nothing else.

Any act, organization or law of government that is not in compliance with this I deem Non-Constitutional and therefore null and void. Doing otherwise seems to be the norm of our government. Their favorite practice is to act on only a portion, sometimes called "clausal" action, or to use re-definitions of "street English" words and their meanings.

In this vein, citizenship, one of our most important identifiers, coming from "born in the United States" can mean only "born while legally/ethically in the United States, it's territories or of its citizens" to determine citizenship. The quoted Constitutional phrase above if not so meant is an example of "clausal" government.

The establishment of citizenship is granted to no Federal component. Therefore it is a State's or persons right. Yet, it is being proposed to become a Fed power. This is Non-Constitutional, and I propose it be immediately countered by a States' convention to establish uniform citizenship means and methods. To energize such a convention, I propose that:

1. Every birthing agent, be made a notary public, who will notarize on a special birth certificate the data, footprint, witnesses, time, and place, and parentage of every birth. Five copies of the notary's signature will be a permanent part of State records.

2. The special birth certificate will be of the same forgery proof paper that we use for our paper currency, but will include a tamper proof seal and a digital signature for further certification. As technology progresses, new signature technologies will be added to the older certificate. It also may be updated with fingerprints, more recent photos, etc.

3. The certificate will be validated for accuracy, stored in State record repositories, and copies provided to parents and child, and provided with a tamper proof seal and digital signature. With the latter, it may be an option for the certificate to be held privately and not archived. As digital signature technology advances, new signatures will be overlaid onto older certificates.

4. The certificate will be the source of all ID "card", a passport, a draft registration number, a social security and/or tax ID numbers, and no other source document for citizenship shall be allowed. The sourcing audit trail will be a State's right.

5. Each birthed citizen shall be a certified citizen until he reaches an age of majority at which time he will take an oath of formal citizenship and receive a new citizenship document having the same standards as the above. it will then be a voter ID.

Without measures such as these, "Angel babies" will proliferate. Fed draft registration will not be needed, nor will SSA files.
Many of these are currently accepted, but are Non-Constitutional. We indeed make a balance between privacy and citizen certification. But we make it as WE THE PEOPLE, as best we are able, and not as presently ad hoc bureaucrocy antics.

No comments: