Friday, January 15, 2010

My Constitution, Section 31

Section 31 - Classification of nationality

31(1) In regard to nationality, every individual within Australia shall be considered as either:
(i) an Australian citizen or resident;
(ii) a visitor to Australia; or
(iii) an illegal alien;
and all individuals outside Australia shall be considered as being either:
(iv) an Australian citizen or resident visiting abroad;
(v) an Australian expatriate; or
(vi) an alien.
These classifications are justified on the grounds of there being different courses of action permissible to governments that are reasonable to authorise them to take.

31(2) Individuals may be further defined by the States regarding their own in-State citizenships; and an Australian may be an in-State citizen only, or an Australian citizen only, or neither, or both, but no individual may have more than one in-State citizenship.
The first part of the clause relates to rights of in-state voting. Obviously, for instance, a resident of one state who visits another or is just on an extended work stay shouldn’t have the right to vote where they are visiting, and so on.

For the middle part, no citizenship of any kind is compulsory, nor is voting. For the last part, however, a man has one place of actual residence, and should only have the right to vote for that jurisdiction. Again it is tied back to cultural differences, and that since different states have different cultures a man ought be seen to commit to that culture and take on board the details that set the concretes of what is Reasonable for that culture before he can have a say in what the laws will be for the people living that culture. On the basis of the whole of people in a nation being reasonable, and that only a very few would be splitting their residency equally among multiple states, I don’t see this as an unreasonable imposition to require people be immersed in the relevant concretes that make for reasonable law.

31(3) All children born in Australia are born as Australian residents irrespective of parents’ nationality, all children born outside Australia of at least one parent who was Australian at the time of birth are born as Australian expatriates, and all children born outside Australia of at least one parent who was an Australian expatriate at the time of birth are born as Australian expatriates, all irrespective where else children subsequently reside or foreign laws of nationality; and Congress shall make law for the consideration of children in Australia who were born in unknown circumstances, where if no evidence to the contrary arises within one year of the question being put before the Federal Invigilator then such children shall irrevocably be deemed born in Australia.
This is how the statuses are generated. The idea is to be as generous as possible, because all individuals have rights and the more that can be raised to understand this and to be reasonable then the better. Thus get in as many children as one can. The foreign laws are irrelevant because they are superseded by decency and right, too. Any child who has a reasonable connection to living in Australia gets to live in Australia if they so choose when they are adult, and which gives sufficient grounds for the government to come to their defence as required.

Children born in Australia are residents mostly because their parents are likely to live here, but if they don’t then the birth-residency is partly about the extension of a reasoned culture as far as generously possible by according the children the right to live in Australia but also because other countries may deny residency to them even though their parents may be residents or citizens of those other countries. Note that a child is born a resident and not a citizen, because citizenship must be applied for in all cases.

Children born outside Australia to at least one Australian parent, whether that parent be expatriate or an Australian abroad (e.g. on holiday and the birth is premature) should also be treated as Australian because the parent has the right to come back and to bring the child with him/her. The child is then likely to be raised here, and so be immersed in a good reasonable culture. Thus presume sufficient decency to accord residency. Until the parents do come back home, the children are deemed expatriates because that is what all Australians living overseas are.

31(4) All Australian citizens who, upon conviction for a felony, are permanently or temporarily deprived of Australian citizenship become Australian residents.
Citizenship and residency are not the same thing. Citizenship must be applied for and the applicant must demonstrate being reasonable before they can cast a vote and hence influence the use of retaliatory force. Residency is just where someone lives and where the government is obliged to come to their aid.

Residency cannot be revoked by the government, only repudiated by the person, whereas citizenship can be forfeited by demonstrating unreasonable use of force and hence of being unfit to influence its use.
31(5) All Australians who take up, or taken by parents or guardians to have, domicile overseas without as sound-minded adults renouncing citizenships or residency become Australian expatriates.
Merely moving overseas for an extended time, such as an employee on extended overseas assignment, just makes someone an expatriate and who may come back. Again, residency has to be formally repudiated because the right remains until waived.

31(6) Australians who take up citizenship of or pledge allegiance to a foreign power above the rights of Australians thereby renounce Australian and in-State citizenship and the right of domicile, cease being Australians, and become aliens.
The declaration of belief in something that would attempt to override the rights of Australians is a repudiation of all connection to being an Australian, and if followed through on would be a criminal act or an act of war. Coming back into the country without permission is then most likely to be for no good purpose.


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