The Birth of a Non-Territorial Nation Chapter 12:
Published in
5 min readFeb 12, 2024
There may be reasons why one would want to opt into being a Full Member (not a Citizen) of a Non-Territorial Nation:
Article 1, Section 8, Clause 10 of the United States Constitution
- Congress has the power “To define and punish Piracies and Felonies committed on the high Seas, and offences against the Law of Nations.”
- This clause grants Congress the authority to create laws and establish punishments for acts such as piracy, felonies committed on the high seas, and offenses against international law.
- The Constitution Annotated states that the purpose of this clause is to give Congress the power to define and punish specific crimes that fall under the jurisdiction of the federal government, particularly those related to maritime crimes and offenses against international law. This clause is derived from the Law of Nations.
https://constitution.congress.gov/browse/article-1/section-8/clause-10/
US Constitution — Article 6: Paragraph 2
This Constitution and the Laws of the United States which shall be made in pursuance thereof; and all Treaties made, or which shall be made under the Authority of the United States, shall be the Supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.
- This means that these sources of law hold precedence over any conflicting laws or provisions found in the constitutions or laws of individual states.
- As a result, judges in every state are obligated to abide by and uphold these federal laws, regardless of any contrary provisions found in state laws or constitutions.
- The purpose of this provision is to establish a unified legal framework across the United States and ensure that federal laws and the United States Constitution take precedence over any conflicting state laws.
- By making the Constitution, federal laws, and treaties the supreme law of the land, it establishes a hierarchy of laws in which the federal government is granted ultimate authority.
Law of Nations
- The below link summarizing the Law of Nations is absolutely brilliant and a must read. The Author eludes to some or many of the American Founding Fathers as “Vattelophiles”, explains how Benjamin Franklin received 3 copies of The Law of Nations in 1775, shares a Benjamin Franklin quote about the Law of Nations book, “came to us in good season, when the circumstances of a rising State make it necessary to frequently consult the law of nations”, and as is well known, the Declaration of Independence was declared the year after in 1776.
18 U.S.C. § 11 and § 1116
- Note: Both of these laws define “Foreign Government” as being irrespective of recognition.
Law of Nations Book IV, Paragraph 80. Respect due to public ministers.
- The respect which is due to sovereigns should redound to their representatives, and especially their ambassadors, as representing their master’s person in the first degree. Whoever offends and insults a public minister, commits a crime the more deserving of severe punishment, as he might thereby involve his country and his sovereign in very serious difficulties and trouble. It is just that he should be punished for his fault, and that the state should, at the expense of the delinquent, give full satisfaction to the sovereign who has been offended in the person of his minister.
Law of Nations Book IV, Paragraph 81. Respect due to public ministers.
- Whoever offers violence to an ambassador, or to any other public minister, not only injures the sovereign whom that minister represents, but also attacks the common safety and wellbeing of nations: he becomes guilty of an atrocious crime against mankind in general.
Law of Nations Book IV, Paragraph 82. Particular Protection due to them.
- This safety is particularly due to the minister, from the sovereign to whom he is sent. To admit a minister, to acknowledge him in such character, is engaging to grant him the most particular protection, and that he shall enjoy all possible safety. It is true, indeed, that the sovereign is bound to protect every person within his dominions, whether native or foreigner, and to shelter him from violence: but this attention is in a higher degree due to a foreign minister. An act of violence done to a private person is an ordinary transgression, which, according to circumstances, the prince may pardon: but if done to a public minister, it is a crime of state, an offence against the law of nations; and the power of pardoning, in such case, does not rest with the prince in whose dominions the crime has been committed, but with him who has been offended in the person of his representative. However, if the minister has been insulted by persons who were ignorant of his character, the offence is wholly unconnected with the law of nations, and falls within the class of ordinary transgressions.
