Definitions and General Provisions Commentary
Back Home Up Next

 

4 Definitions and General Provisions

4.1 Majority of votes cast

Section 4.1 ensures that popular and other votes are determined by the majority of the votes cast.

4.2  Double majorities

Section 4.2 defines the term double majority. A double majority consists of a majority of the confederate citizen's votes as well as a majority in a majority of the states.

The use of double majorities safeguards the interests both of  the most populous and the least populous states.

4.3  Conflicting double majorities

Section 4.3 regulates the order of precedence in case the people approves conflicting measures.

4.4  Non-contested real estate

Section 4.4 defines Non-contested real estate. Section 2.3 requires the weighing of conflicting interests in real property. If the property is non-residential freedom of movement poses no conflicts, and the right to have it withdrawn is reserved to the owner. If the property is residential on the other hand, the owner's right of withdrawing the property (and thus his freedom of movement) may be in conflict with the rights of the residents not to move. (Freedom to move also implies the opposite freedom of not moving.) This conflict is resolved in favor of the residents because our lives and bodies are more essential than physical assets.

The actual source of the problem is the linking of statehood and territory.

4.5  Precedence

Section 4.5 expressly states that Part one of the Constitution takes precedence over Part two. The confederate institutions as a group hold all the powers granted the Confederation in Part one, but they cannot exceed these powers.

Most traditional federal or confederate constitutions do not make this distinction between the sum of the powers granted to a particular level of government and the distribution of that power between the various institutions within that level of government.

 

Revised: 2004-07-02


Copyright 1991-2003 John F. Knutsen

All rights reserved