Statelessness, Persecution, and More on the Origins of Edan

  The very first piece on this blog that was not the final drafts of the constitution was a discussion of the theory and history behind Edan, That article focused on Edan as a stable, personal, just, non-territorial nation. But it left out a portion of the history of the formation of Edan. That portion was a desire to assist stateless people.
  'Refugee' means 'a person outside of their home nation because of persecution, actual or feared'
  'Stateless Person' means either 'a person that has no legal recognition of citizenship with any nation (de jure statelessness)' or 'a person outside of their nation of citizenship who cannot avail themselves of the benefits of their nationality for valid reasons such as a state of war, loss of documentation, etc. (de facto statelessness or undocumented statelessness)'.
  Not all refugees are stateless and not all stateless people are refugees.
  Without citizenship it can be effectively impossible to travel - a stateless person often cannot cross borders, obtain a visa, or (often) apply for asylum. On a day-to-day level they often cannot legally hold a job, gain licences or certifications, get an education, receive health care, etc. Such people commonly cannot register such events and births, marriages, and deaths. In many nations they may be detained at will. In short, by being stateless they both can't live where they are and can't leave where they are.
  The UNHCR estimates that there are about 11 million stateless people in the world (equal to the population of Belgium) and a large number of these stateless people are multi-generational families in places like Palestine and the Balkans where stateless parents give birth to stateless children.
  One of the goals of the Kingdom is to achieve a level of diplomatic and political recognition as a Non-Territorial Nation that Edan can assist stateless people in finding new citizenship either directly,by offering Edanian citizenship, or indirectly by providing them with the minimum level of identity documentation to allow them to seek asylum/citizenship elsewhere.
  King Richard sees this as 'showing love to the foreigner' in a profound way.

  The King is well aware that many Edanians are eager to aid persecuted Christians in Iraq and other parts of the world.
  So is King Richard. When Edan is capable of helping refugees and the stateless persecuted Christians will be a primary goal for assistance. When Edan was founded in 1999 it was in the face of severe persecution of Christians in Sudan, India, and Chechnya (among many other places). It is well documented bythe International Society for Human Rights (based in Germany), Civitas UK, and many other organizations that 80% of all religious persecution is the persecution of Christians. In 2013, before the attacks in Iraq and the Levant, it was estimated that at least 200 million Christians were being persecuted or outright attacked for their faith. This means that if you were to gather all the world's persecuted and oppressed Christians together it would be the 6th largest nation in the world .
  Putanother way, the number of Christians being persecuted in the world right now exceeds the combined populations of the citizens of all religions of Egypt, Syria, Lebanon, Iraq, Jordan, Saudi Arabia, the Gaza Strip, the West Bank, and Israel combined.

  So what can Edan do?
  Right now we can pray and educate. We are not yet at the 'critical mass' needed to gain the economic and political wight needed to do more. As much as we have grown, as much as we have already done, we need to be much larger before we can reach the point of political and diplomatic recognition.

  Maybe the most important thing you can do is help Edan grow. Talk to others, use the flyers and handouts we have sent in the past. Pay your taxes. Get Edan to the size where we cannot be ignored. A Media Kit will be issued soon so that you can canvas radio, print, universities, and television stations - King Richard will talk to anyone of good will about Edan.
  In a very real way every person, every household that we add to Edan will one day be another stateless family given a new home and another Christian saved from persecution. We can get there, we will get there.

  St. Michael Archangel, defend us in battle....

Shopping for Nations - a short entry

[mild edits have been made]
  The king has been approached by various people, both directly and indirectly, in recent weeks asking to discuss the nascent idea of 'neoreaction'. The king has been aware of this small movement for some time and was even a correspondent with one of the founders many years ago.The recent discussions have centered around the idea of a 'free market of governments' where many small governments compete for citizens allowing the free market to decide which is 'best'.
  Edan rejects the vary notion as flawed. First, free market economics are an inherently Liberal idea; free market Capitalism is focused on individual freedom, the lack of loyalty, and rejects the notion that ethics should or even can be involved in economics; if free markets produce a moral or ethical "winner" this is entirely accidental; such a 'market' largely exists now and is not producing very solid results.
  Yes, Democracy is a system which is proven too flawed to continue very long; yes, the Westphalian conceptualization of a nation-state is too flawed to withstand close scrutiny. The king is a supporter of people rejecting what is for what should be.
  But that decision is not an economic one!
  There is a famous American quote,
  "Ask not what your country can do for you - ask what you can do for your country"
  The first part directly addresses the neoreaction concept - a nation is not a provider of products or services. To view the government of your nation as if it were a roofer or concierge is to view the world solely as a mass of economic transactions. This idea is Modernist, Liberal, and wrong.
  But the second part is wrong - citizens are not servants. Nor are they employees, nor shareholders, nor co-owners. This idea is Liberal, Modernist, and wrong.
  Just as governments are not manufacturers or service providers, citizens are not employees or consumers!
  Families do not exist to support the government, the government exists to support families. And under the concepts core to Edan [solidarity, subsidiarity, and justice] the government is in a real way an extension of the family. There are real bonds of honor, duty, and of caritas between and amongst the citizens, nobles, and king of Edan.
  Honor, duty, loyalty, family, king, country - these things cannot be bought and sold.
  Leaving the faltering secular humanist Democracies of the world is something the king encourages all people to do. But do not choose Edan in hopes that it will give you good financial returns, nor for its low taxes, nor for its longevity and success. Join us because you will be treated with honor, with loyalty, and with  caritas. Join us because our goals are just. Join us because you believe in Edan.

Reflections on Lent, Politics, Life, and the Kingdom

  Once upon a time there was a question asked by a newspaper. It was "What's wrong with the world?"
  The modern world is a busy, noisy place. People carry phones with them at all times allowing themselves to bombard themselves with multiple forms of messages from around the world as well as music, news, videos, and games. This is so they can focus on what is important to them because the world around them bombards them with music, games, ads, and messages not of their own choosing.
  People are filled with frenetic energy; children study long hours and fill stacks of notebooks with repetitive work, yet knowledge and even their own test scores decline. There are more and more sources of news and information yet each new development is a surprise since no one expected it.
  The election cycle never ends, a constant parade of new names, new faces, new scandals, new "critical" issues, new voices, new experts. yet each election has 'surprises'. And after each election things always get worse, not better.
  Men rush through school with sports and clubs. They rush through their workdays with projects and lunches and travel. Women do the same. They get home to hobbies and entertaining, travel and art, music and decorating. Mothers take their children to art, soccer, math, enrichment, games, dances, and so on in an endless cacophony of activity for themselves and their husbands and their children. Homeschooling mothers take on even more with conferences, plans, meetings, tests and - of course - education.
  Their husbands do the same with hobbies and meetings and day trading and the lawn, lawn, lawn. Friends at the pub, sport, and discussion of politics.
  Why? Why all this energy? At the end of the day everyone is exhausted, yet as much as they complain no appointments are dropped. Why?
  Fear. Fear of reality. The busy, the make-work, the frenetic activity is to escape. Escape from ourselves and the world around us.
  The children are unhappy? You can't blame the mother, she gave them every advantage. The father slaved day and night! It isn't their fault, they worked so hard. The father doesn't get super-rich? The day trading was just a hobby and the small business just couldn't compete because of competition. The wife is cold and distant? well, she just doesn't understand her husband. The wife feels neglected? Maybe if her husband vacuumed more often....
  The modern world fears silence and still. If the reporters and pundits were to shut up for a week or so people would realize that no one really learns anything from them. The bloggers would be forced to admit that they are the fan-dancers of politics - busy fluttering with great energy but, in the end, there is nothing to be seen. Politicians would be forced to admit that they almost never utter a word worth listening to. People would start to realize that the government of, by, and for the people doesn't like the people very much at all.
  Modernism fears silence and still mainly because of one simple truth; in the silence and still we must all admit that we are our own fault.
  When the Times of London ran the article that asked "What's Wrong with the World" G.K. Chesterton replied, simply, "I am."
  That is part of the Church's goal during Lent. To have us all add a little silence and still to our world so we can remember what is wrong with the world. So if you are adding a ton of activities to your Lenten practices I urge you - don't. Take things out; put in silence and still.
  And every day remind yourself - you are your own fault. We are, indeed, responsible for ourselves. And our children. And our marriage. This is easy to forget when a text interrupts candy crush, hard to escape after 20 minutes alone with your thoughts.
  So we should all stop and be silent. Sit, and be still. Unless we are contemplatives, this is more of a leavening to our lives, a depth to our waters. Like the pauses in the Latin Mass; beauty, chant, bells, and song made more beautiful and more profound by stillness and bouts of silence.
  Yes, this matters to the Kingdom, too. Few elections, and all minor ones; important positions are for life; authority is as small, direct, and local as possible; government is as limited and small as possible. The Kingdom of Edan is meant to be as silent and still as possible, like the pauses in the Mass. Love and duty, honor and care all leavened with silence and stillness.
  So sit, and be silent. Take your children to fewer things. Do less and spend more time together in the quiet and the calm. Realize that you are the real you and that you are more in control when you do less.

How Edan Works: The Ministries and the Cabinet

  The various elements of executive power are divided into six ministries; State, Justice, Armed Forces, Finance, Foreign Affairs, and Information. The head of each ministry serves as a member of the Cabinet. The duties of each ministry are as follows.
The Ministry of State- Responsible for the internal affairs of the Kingdom, including: maintaining a census; running the Grand Census and Royal Census; social welfare efforts; utilities and infrastructure (including transportation); housing; and the environment.
Ministry of Justice- Responsible for law enforcement, search and rescue, prison supervision, and the training of justice personnel.
Ministery of the Armed Forces- Oversees all military forces and training standards of the same.
Ministery of Finance- Oversees the Royal Treasury, Royal Bank, coining of money, taxation, and financial regulation.
Ministry of Foreign Affairs- Oversees and manages all ambassadors, consuls, diplomats, etc.
Ministry of Information- Oversees the Royal Library, the Assembly Library, the Royal Archives, and all Royal Media including internet communications.

How Edan Works: Voting, Sessions, and the Government's Calendar

This 'nuts and bolts' discussion is a deeper dive into how elections work and the calendar of the government. 

  The Kingdom of Edan uses Greenwich Mean Time for all governmental purposes although local time is usually also included for ease of understanding.
  General elections for the Senate are held every two years and are overseen by the Ministry of State. Voting begins at 1 minutes after Midnight on the 1st of March and ends 1 minute before midnight on the 2nd of March, giving citizens just under 48 hours to cast their votes. In general it is believed that voting will be permitted by electronic communications as well as in person.
  In certain cases a special election will be needed. Special elections are scheduled and announced by the Ministry of State and the voting period lasts for 72 hours.
  All senate elections use the single transferable vote proportional representation system with voting groups decided by the Ministry of State as needed. It is expected that citizens will be divided into groups that select between 4 and 8 senators, probably based upon fiefdoms.
  All votes will be tallied and a complete count will be done at least twice. If more than 7 counts are required the Ministry of Justice shall assist with counts and in the unlikely event of a tie a run-off elections will be held until elections are complete.
  The Assembly (which is the Senate and the Council) has 1 session each year; a session is the period when the legislature is available to performs its duty. Each year's session lasts from March 8th and ends on October 31st unless one or both days fall upon a Sunday - if that happens the date is delayed until the following Monday.
  The session is divided into conclaves of eight weeks each with a recess of 2 weeks in between. The conclaves are periods of active legislation while the recesses are for discussion, time with citizens, relaxation, etc. The period of a session contains enough time for 3 conclaves plus an addition 4 weeks; the extra time is in case the budget process is delayed, to accommodate government holidays (which do not count as part of the time of a conclave!), or if there is a need for a special election.
  The First Senator may request a null conclave - this is, essentially, a conclave where no work is done. The First Senator may ask once per session and the King may refuse the request.
  The grand conclave is held each year on the 15th of November. On that day the tax schedule for the upcoming year is published and the King makes his address to the people on the state of the kingdom and the upcoming year.
  Members of the Council may assign a proxy to serve in their stead (usually due to illness or military service).A council member who fails in their duties to the legislature (not attending and not assigning a proxy) by lose their noble status.
  Senators must vote on each proposed law introduced during a conclave, Failure to vote in 3 consecutive conclaves means they are removed from the Senate. In an exception, once per term a senator may request a leave of absence of up to two conclaves.
  The High Tribunal meets in session from the first Monday in February until the first Monday in November. The High Tribunal may take two recesses per year, each lasting a month and each separated by at least 2 months.
  On to more direct information.
  In general the royal and noble governments do no non-essential business on Sundays or Holy Days of Obligation. Emergency services will, of course, always be available.
  King Richard has created a list of days in which the government is restricted to essential work only;
  Fixed:
  January 1st - the Solemnity of Mary, Mother of God
  January 6th - the Epiphany
  March 19th - the Solemnity of St. Joseph, Husband of the Blessed Virgin Mary
  April 1st - Constitution Day
  June 29th - the Solemnity of the Saints Peter and Paul, Apostles
  August 15th - the Assumption of the Blessed Virgin Mary
  August 19th - the King's Birthday
  August 25th - the Feast of St. Louis IX
  September 22nd - the Feast of St. Maurice
  November 1st - All Saints' Day
  December 8th - the Feast of Immaculate Conception of the Blessed Virgin Mary
  December 24th through December 31st - The Nativity of the Lord and the beginning of Christmastide

  Movable:
  Ash Wednesday
  Holy Week and Easter Monday
  The Ascension
  Whit Monday
  The Feast of Corpus Christi

  Local nobles may set their own holidays, of course.

How Edan Works: Law and Justice

  While legislation is created through the Assembly, the enforcement and judgment of law is part of the executive function. Ultimately, enforcing the law and judging the law are manifestations of the King's sovereignty and authority. Nobles share in the king's sovereignty and are therefore also responsible for enforcing and judging the law. One of the duties of all nobles is to be available to pass judgement for his own citizens. The courts are divided into two major groups, Noble Courts and Royal Courts.
   Noble Courts-
   Noble courts are run by local or technocratic nobles. Unless otherwise specified within the Edict of Enfeofment only hereditary Barons and above and technocratic Earls and above have the authority of Low Justice grants them the duty of holding court. But all those of such rank or above have such duties and obligations unless specifically excluded by their enfeofment.
   Nobles must hold court in a time, place, and manner that it is accessible to citizens. The noble may preside himself or appoint a judge to decide in his authority.
   Noble courts deal with all legal matters from within their jurisdiction that are not limited to a higher court by law or edict. They will typically deal with such things as real estate and property disputes, family law, misdemeanors, etc.
  The party or parties that lose within a noble court may appeal to the next higher noble court. Any appeals beyond that go to the royal courts.
   Royal Courts-
   Royal courts are divided into three rather broad categories and three tiers. The categories are private law, public law, and penal law. The tiers are royal courts, appellate courts, and review courts. The parties which lose within a royal court may appeal to the appellate court. In case of conflicting decisions between various jurisdictions the various cases are reviewed by the review court as recommended by a royal judge.
  If a party loses within appellate court they may appeal to the High Tribunal. The High Tribunal may accept or reject an appeal as detailed in the constitution. At any time any party losing at any level may appeal to the King. However, it is highly unlikely the King's Court will intervene unless the appeal comes after being heard or dismissed by the High Tribunal.
  EXAMPLE: Mr. Smith and Mr. Jones have recently accepted citizenship and have been granted adjoining farms in Baron White's territories. About 2 years later Mr. Jones sharply prunes back an oak tree that was shading his garden. The oak tree' trunk, however, is well within Mr. Smith's land (by 3') and the tree dies over the next year. Shortly after Mr. Smith appears at baron White's manor and requests the Baron meet in court over Mr. Smith's demand for compensation for the lost tree. Both are directed to appear at the Baron's court the next Friday.
  They both appear and Mr. Smith explains that he was expecting to receive not just shade and weather protection from the tree but many board feet of mature hardwood in the future. Mr. Jones did not ask or speak about his actions beforehand, he simply acted on what was obviously Mr. Smith's property.
  Mr. Jones counters that while he had not mentioned his own actions, he had complained to Mr. Smith many times that the shade from the tree was blocking the only good plot of garden land on the lee of the Jone's home and that he would appreciate if Mr. Smith helped him with the issue; a request that was ignored.
  Baron White asks a few questions and concludes that while both are at fault, Mr. Jones is moreso and orders him to pay 80% of the estimated value of the board feet the Baron's forester estimates Mr. Smith could have expected in 10 more years. At this point both men accept the judgement and, working with the forester and the Baron's administrator Mr. Jones will supply a certain amount of eggs and milk to Mr. Smith each week for 9 months in lieu of cash.
  But let us suppose Mr. Jones was unhappy and appealed to Duke Gray, Baron White's lord. The Duke employs a judge, so his court has such things as filing fees and court costs, which are published. As soon as Mr. Jones pays the small filing fee his penalties from Baron White's court are suspended pending the appeal.
  Mr. Jones and Mr. Smith appear at Duke Gray's court in 4 more weeks and are before Judge Green. Judge Green listens to the arguments and decides that Mr. Smith will only receive 50% of the board feet value and the court fees will be evenly divided between the two men.
  Since both men are examples of how the system work rather than reasonable men, Mr. Smith is now ready to appeal, as well. The next appeal must go to the royal courts. Since this is between two men not related to one another but no real crime was committed it goes to Public Law court. This time Mr. Smith pays the (still reasonable) filing fee and they are directed to appear in 3 weeks.
  Three weeks later they appear before Judge Rivers. he listens to both men and then decides that while Mr. Smith will still just get 50% of the board feet value Mr. Jones will pay all court costs at all applicable levels. Being an unreasonable simulacra, Mr. Jones now pays the filing fee to appeal to the appellate public law court. There Judge Ocean, for the purpose of demonstration, sides with Mr. Jones and rules that Mr. Smith will only get 50% of the board feet value and pay all court costs at all levels.
  Finally Mr. Smith appeals to the High Tribunal, which never charges fees (but can have costs). This means Mr. Smith must wait for the High Tribunals next session. The High Tribunal agrees that the example must continue and review the case, concluding that Mr. Smith will, yes, get 80% of the values of the anticipated board feet and that each party will pay the court costs associated with their own appeals.
  At this point there is still the opportunity to appeal to the King, but even examples get tired, so they do not do so.

  All humor aside, the system should be fairly intuitive. And, despite the lack of attorneys in the example above, the King intends that the Edanian legal system shall follow the English Rule on attorney's fees. Also, fines should be compensatory only; fees and costs should not be a bar to justice; and the rights of Low and High Justice cannot be impeded by the courts.

  The accreditation of lawyers and judges are the jurisdiction of the crown. Since lawyers and judges are directly involved in the king's business of enforcing and judging the law they are considered to be agents of the king and, thus, ineligible to hold a seat in the senate. It would be theoretically possible for a lawyer or judge to reject their accreditation and status as a lawyer and judge in order to run for the senate, but this would both require the approval of the High Tribunal and the king and be an irrevocable step - such a person could never practice law or act as a judge ever again.

 Because of the nature and structure of Edan it is expected that the majority of laws will be the organic outgrowth of common law practices. In the above example (when all parties were reasonable and stopped at the baronial court) there are two main precedents; that 80% of reasonable value is just compensation in similar cases and that payments can be made in kind and over time. If a similar case were to happen in the same barony a few years later over, say, a blackberry bramble, the owner of the bramble could expect 80% of the value of the bramble and the person fined could expect to pay in kind over time. Changes in situation, though, can mean changes in decisions! If the bramble were beyond a boundary fence rather than overhanging an adjoining property then the compensation could well be 100%.

  So there you have a brief overview of how the Edanian court system works.

Authentic Social Justice: the Core of Edan

  ">Society ensures social justice when it provides the conditions that allow associations or individuals to obtain what is their due, according to their nature and their vocation. Social justice is linked to the common good and the exercise of authority"

Thus begins the catechism's section on Social Justice. What does it really mean? Well, when society allows justice to be done, you have social Justice - obviously. Social justice is part and parcel of both the common man and of leaders.
  Notice what it does not  say, however - it does not say that leaders or the common man must give justice to people or groups. It says that society (meaning the common men and leaders) are to allow people or groups to obtain what is their due. 
  In other words Social Justice is not the giving of things to people by government, it is the conditions of society that allow justice to be gained.

  The Catechism goes on to say,

"Respect for the human person entails respect for the rights that flow from his dignity as a creature. These rights are prior to society and must be recognized by it. They are the basis of the moral legitimacy of every authority: by flouting them, or refusing to recognize them in its positive legislation, a society undermines its own moral legitimacy. If it does not respect them, authority can rely only on force or violence to obtain obedience from its subjects. "

  More briefly 'human rights are granted by God, not society, and the moral legitimacy of any worldly authority or society is based upon recognizing and supporting these rights'.  Or, 'any society or authority that denies the inherent, God-given rights of Man is not legitimate'.
  So governments, whatever their nature, must support the inherent rights of its people or it will have no legitimacy and and society that flaunts these rights is also illegitimate. This is key because it means that a core contention of Democracy, that legitimacy of society and authority is derived from the will of the people, i.e., the opinions of a majority of voters, is false. If 50.1% of voters support the murder of innocents that does not make the murder of innocents acceptable, it makes the society that supports such voters illegitimate.
  
  Later the catechism states,

"Created in the image of the one God and equally endowed with rational souls, all men have the same nature and the same origin. Redeemed by the sacrifice of Christ, all are called to participate in the same divine beatitude: all therefore enjoy an equal dignity."

Or 'the inherent rights of all men are the same'. The peasant has the same chance of heaven as the cardinal; the stable boy has as much right to justice as the prince.

  It continues,

"On coming into the world, man is not equipped with everything he needs for developing his bodily and spiritual life. He needs others. Differences appear tied to age, physical abilities, intellectual or moral aptitudes, the benefits derived from social commerce, and the distribution of wealth. The "talents" are not distributed equally...  ...These differences belong to God's plan, who wills that each receive what he needs from others, and that those endowed with particular "talents" share the benefits with those who need them. These differences encourage and often oblige persons to practice generosity, kindness, and sharing of goods; they foster the mutual enrichment of cultures"

  More shortly, 'equality of inherent rights does not mean equality in all ways; people are tall and short, smart and dumb, skilled speakers and reticent, leaders and followers. These differences are part of God's plan and are good for all involved'. So while the peasant has the same chance of heaven as the cardinal, the cardinal has gifts and authority the peasant does not. Likewise, while the stable boy has the same right to justice as the prince, the prince has duties and obligations the stable boy never will. And this is not just acceptable, it is good.

  The Catechism then warns us that,

">There exist also sinful inequalities that affect millions of men and women...."

  In this the Catechism is speaking of when societies and leaders have or implement systems that impose sinful inequalities upon people. It continues with,

"...Their equal dignity as persons demands that we strive for fairer and more humane conditions."

  Remember how beginning of this piece we pointed out that,

"t says that society (meaning the common men and leaders) are to allow people or groups to obtain what is their due."

  This portion tells us that when society actively prevents people or groups from obtaining what is their due it is sinful.

  The Catechism concludes its section on Social Justice with,

" Socio-economic problems can be resolved only with the help of all the forms of solidarity: solidarity of the poor among themselves, between rich and poor, of workers among themselves, between employers and employees in a business, solidarity among nations and peoples. International solidarity is a requirement of the moral order; world peace depends in part upon this."

  Or, 'love of neighbor and charity among and between people is the solution to social injustice'.

  So the central ideas of Social Justice are quite clear; be just and allow others to obtain justice; love your neighbor and be charitable.

  But are their guidelines for rulers and leaders as to the nuts and bolts of implementing this?

  The Catechism focuses heavily on Solidarity. Solidarity has two meanings; the earning of a livelihood through work and the friendship and social charity between all people in a society. At its heart Solidarity is the rejection of class as a dividing force between people. The poor are to show solidarity with everyone, not just the poor. The rich are to show solidarity with everyone, not just the rich. Emploers, workers, farmers, artisans, men, women, etc. - all are part of society. By rejecting class as a dividing factor it is also inherently a rejection of individualism as a defining element of humanity. While we are all individuals and have individual needs, etc. no one is ever alone and just as society is an outgrowth of the family no one in a society is capable of being truly apart from that society just as no man can ever not have a mother.
  Solidarity is also much more spiritual and emotional rather than material. The goal of Solidarity isn't wealth, the goal is justice. Granted, justice often leads to increased wealth....
  Yet Solidarity is not collectivist! As we read above, justice is about the individual person; individuals have God-given natural rights, not societies or governments. In the end Solidarity is an explicit rejection of such Liberal concepts such as Communism and Libertarianism - both collectivism and material individualism are rejected as false and, thus, unjust.

  Another key element of a just society is Subsidiarity. Subsidiarity is the principle that,

""a community of a higher order should not interfere in the internal life of a community of a lower order, depriving the latter of its functions, but rather should support it in case of need and help to co-ordinate its activity with the activities of the rest of society, always with a view to the common good." 

  Or as the OED states,

"The principle that a central authority should have a subsidiary function, performing only those tasks which cannot be performed effectively at a more immediate, local level."

   More simply, 'as local and personal as possible'. There are many reasons for thus ranging from simple efficiency (how can a distant administrator have a clearer idea?) and moral (rights are individual, not collective, so avoid the collective). Again, this is a direct rejection of collectivism and individualism; the collective is to be avoided as much as possible, but there are times when the collective is the only answer.

  The next core element is Private Property. The Catechism tells us that,

"In the beginning God entrusted the earth and its resources to the common stewardship of mankind to take care of them, master them by labor, and enjoy their fruits. The goods of creation are destined for the whole human race. However, the earth is divided up among men to assure the security of their lives, endangered by poverty and threatened by violence. the appropriation of property is legitimate for guaranteeing the freedom and dignity of persons and for helping each of them to meet his basic needs and the needs of those in his charge. It should allow for a natural solidarity to develop between men."

  Or, 'men have a right to private property'. Indeed, private property is an element of dignity and freedom and part of Solidarity. But the Catechism also warns us,

"The right to private property, acquired by work or received from others by inheritance or gift, does not do away with the original gift of the earth to the whole of mankind. the universal destination of goods remains primordial, even if the promotion of the common good requires respect for the right to private property and its exercise.
  In his use of things man should regard the external goods he legitimately owns not merely as exclusive to himself but common to others also, in the sense that they can benefit others as well as himself. The ownership of any property makes its holder a steward of Providence, with the task of making it fruitful and communicating its benefits to others, first of all his family.

Goods of production - material or immaterial - such as land, factories, practical or artistic skills, oblige their possessors to employ them in ways that will benefit the greatest number. Those who hold goods for use and consumption should use them with moderation, reserving the better part for guests, for the sick and the poor. "

  Another reminder that we are part of a family and that we owe all good to God and, thus, we owe solidarity to our neighbors. Note as well that yet again there is an explicit rejection of collectivism ('the common good requires respect for the right to private property and its exercise') and individualism (' legitimate goods he... ... owns not... exclusive to himself but common to others...'). Indeed, we are morally obligated to make our property fruitful because fruitfulness helps others. If we are 'middlemen' then we must be as efficient as possible so that we do not waste what could be used charitably. The Catechism later states,

"Political authority has the right and duty to regulate the legitimate exercise of the right to ownership for the sake of the common good"

Tied with the obligation to respect the right to private property this means that governments have the right to regulate, say, workplace safety, waste disposal and pollution, etc. to ensure the common good. So while private property is a right, it is not an absolute right. Indeed,

"Even if it does not contradict the provisions of civil law, any form of unjustly taking and keeping the property of others is against the seventh commandment: thus, deliberate retention of goods lent or of objects lost; business fraud; paying unjust wages; forcing up prices by taking advantage of the ignorance or hardship of another.
The following are also morally illicit: speculation in which one contrives to manipulate the price of goods artificially in order to gain an advantage to the detriment of others; corruption in which one influences the judgment of those who must make decisions according to law; appropriation and use for private purposes of the common goods of an enterprise; work poorly done; tax evasion; forgery of checks and invoices; excessive expenses and waste. Willfully damaging private or public property is contrary to the moral law and requires reparation."

  Note how this states that waste, excessive expense, and willfully damaging your own property is immoral.  Also, the inescapable conclusion is that to be moral we must reject not just collectivism and individualism but also Communism/Socialism and laissez-faire Capitalism. Communism rejects the idea of private property, denying people freedom, security, and the option for their own justice. Socialism rejects subsidiarity and demands central planning, dehumanizing the person. Laissez-faire Capitalism rejects Solidarity and focuses on profits instead of people. The inherent collectivism of Communism and Socialism (which rejects individual rights and justice) is matched by the inherent individualism of Capitalism (which rejects legitimate authority and the common good. Thus, Edan embraces Distributism, which is no more than the consolidation of Catholic social justice.

  

  Here are the core ideas of Edan:

1) All citizens have a right to private property, a right to just compensation for their goods and services, and a right to enter into contracts, including employment contracts, of their own free will

2) Ownership of private property and work are both inherently good for the individual and for society. 'Work' includes physical, artistic, intellectual, and spiritual work.

3) The government has the authority to regulate private property and business for the common good.

4) Decisions should be made as far 'down' the hierarchy of authority as possible.

5) Co-operatives and guilds are preferred to unions and corporations. 

6) Government is for leadership, not charity.

How Edan Works - Budget and Taxes

  In the most recent post we discussed how the Assembly passes laws. There is a mild exception to this, and that is the budget. There a specific rules about the budget that must be followed;

1) The budget is (almost) the first thing the Assembly does each year (after an election the first step is to elect a First Senator – then the budget).

2) The budget is for the following year, not the current year.

3) The budget can only be based on money already in the Treasury – no debt, no loans, no estimates of future income. If the money isn't already in the Treasury, it can't be in the budget.

4) The budget cannot create a deficit.

5) If the Kingdom has an existing debt (from an emergency or other non-standard event) the budget must reduce the principal each year.

6) The budget can include reasonable fees, but cannot include items that would require nobles or citizens to fund them; i.e, an annual fee for a vehicle operator's license is OK, a requirement that each baron maintain a specific computer system without allocating funds is not.

7) Any budget item that lasts for more than 1 year requires a separate vote and requires a 2/3 majority to pass.

8) No budget item can last more than 6 years.

9) Pay for Senators is a separate item (if Senators are paid) and any changes don't take force until after the next election.

10) Until a valid budget is passed the Assembly does no other business.

The process of passing a budget:

1) The King submits his budget to the First Senator as the first proposal of the first conclave.

2) Unless 2/3 of Senators vote against the King's budget, it is passed and sent to the Council

3) Unless 2/3 of the members of the Council vote against the King's budget, it is passed and goes into effect.

4) If the King's budget is rejected the King or any Senator may propose alternate budgets.

Note: in an exception, even the King's budget proposal are introduced into the Senate, never the Council.

5) These proposed budgets only need a simple majority approval to be sent to the Council and a simple majority to be approved by the Council.

6) If either the Council or the King rejects two proposed budgets a Special Assembly is held where all Senators and all members of the Council meet as a single body.

A) The combined Assembly has one week to propose and approve (by simple majority of the total Assembly) a budget, If the king rejects the proposed budget or they fail to meet the deadline they meet for an additional week.

B) If a 4th budget is rejected by the King or the second deadline is missed the King dissolves the Assembly and elections for new senators are held as soon as possible.

Taxes:

Once the budget for the upcoming year is finalized the tax schedule for that same year as the budget is developed by the Minister of Finance (consulting with the King and the Minister of State). The Finance Minister has one month from the final budget approval to get the proposed tax schedule tot he King; the King has until the Grand Conclave to announce the final tax schedule.

The Result:

While a balanced budget is not a requirement (the budget could expend less money than exists in the Treasury, after all) it does prevent deficit spending or the accumulation of government debt.

How Edan Works: The Assembly

 The Assembly is the legislative portion of the government and is made up of two sections, the Council and the Senate.

The Council:

The Council is made up of the 7 to 12 nobles of highest precedence in the Kingdom. The highest ranking within the Council is the President of the Council.

The Senate:

The Senate is made up of between 8 and 120 elected members (size of the Senate is based on total national population). Voting is 'at large' and is a single transferable vote proportional system. Senators are elected every 2 years. Once elections are complete the Senators elect one of their members to the position of First Senator.

What they do:

The Assembly mainly exists to create legislation. The process is:

1) A Senator, Council Member or the King introduces a proposed law (any proposal made by the King is entered into the Council).

2) If the proposal is approved by a simple majority of the portion of the Assembly where it was introduced it is sent to the other portion.

2) The other portion now votes on the proposal. If a simple majority votes in favor of it, it is sent to the King.

3) The King may approve the entire proposal, reject the entire proposal, or approve the proposal with select sections removed. If the bill is rejected in anyway it is sent back to the originating portion of the Assembly with an explanation for refusal.

A) If the originating portion votes to uphold the proposal with a ¾ majority, it is resent to the other portion.

B) If the other portion also upholds the rejected proposal with a ¾ or greater vote, the proposal becomes law over the King's refusal.

EXAMPLE: Senator Jones introduces a proposal that says;

“All adult citizens shall be required to have a national identification card. This card must be presented when any citizen;

1) votes for Senate

2) applies for professional credentials

3) enlists in the Royal Forces

All ID cards shall be issued at such time as a person becomes a full citizen. Citizens are responsible for applying for replacement or updated cards. The database for all such cards shall be maintained by the Ministry of State. Such cards shall be paid for with funds from the Treasury.”

After a short debate 9 of the 12 Senators vote to support the proposed law. It is then sent tot he Council. Two days later the Council holds a short debate and 10 of 12 members also vote for the proposal. It is now sent to the King.

A week later the king signs the following into law;

“All adult citizens shall be required to have a national identification card. This card must be presented when any citizen;

1) votes for Senate

2) applies for professional credentials

3) enlists in the Royal Forces

All ID cards shall be issued at such time as a person becomes a full citizen. Citizens are responsible for applying for replacement or updated cards. The database for all such cards shall be maintained by the Ministry of State.”

His note to the Senate and Council reads,

“Struck the element 'Such cards shall be paid for with funds from the Treasury' as this constitutes a budget item that is not contained within the budget and further violates Article 28 Section 3 of the constitution.”

Senator Jones decides to re-introduce the proposal in full but only has 2 of 12 Senators vote for the full version – the proposal as signed by the King is now law.

The Assembly also ratifies treaties and appointments made by the King.

How Edan Works – the Balance of Powers

  The goal of Edan is to have a just, ethical, and moral government that is also as stable as possible. In imitation of the perfection of Heaven Edan is ruled by a king. The king is the Head of State and the Head of Government, highest commander of military forces, and the enforcer of all laws. Indeed, the sovereignty of the Kingdom is an extension of the king's sovereignty and all laws are, in the end, the expression of his authority.

Since men are not perfect and it is possible for a weak or unjust king to harm a nation and its people the King limits his own power by swearing to obey the constitution; in effect, the constitution is the King's oath to his people as to how he will limit himself and his government.

Nobles are also part of and an extension of the king's authority. The king grants them a portion of his sovereignty and authority and, in return, they must justly and faithfully lead those of the kings subjects in their care. The nobles and their rights and privileges are also a bulwark against a bad king – while a good king can improve things overall nobles can shield themselves and their subjects from a bad king's actions.

The constitution also empowers the Assembly with primary legislative duties. The two branches of the Assembly, the Council and the Senate, debate and formulate the budgets and laws of the kingdom, subject tot he king's approval. The Council is made up of the senior nobles and is another method for them to aid a good king and hinder a bad king. The Senate is comprised of elected citizens and is the method in which the citizens have a voice in government. Again, the Senate can aid a good king and hinder a bad king.

Together, these elements represent a solid balance of power; the king limits himself and the nobles and citizens have a voice in government, all while maintaining a strong monarchy.