E. No person shall be held to answer for any crime except such an indictment by the elder or court of jurisdiction which shall clearly inform him of the offense for which he is to be tried. Every person so held must be self represented or be represented by the head of his household. Each have the right to a speedy and public trial, to face their accusers in open forum and cannot be compelled to be a witness against himself nor be tried for the same crime more than once. Each person shall have at his disposal the ability to obtain witness in his favor and confront those against him. All convictions involving the penalties of death, physical punishment or large monetary penalties shall be on the testimony of two witness which may include and not limited by eyewitness testimony, forensic evidence, technological recording or any other recognized method of evidence collection. No person shall be deprived of life, liberty, health or property without due process of law.
A head tax with a census will be laid on citizens of 1/2 shekel
An income tax may be levied on residents (non-citizens)
tariffs and voluntary contributions will make up the rest
Local communities may establish any method of taxation they see fit.
Citizenship will be conferred after a period of residency not less than one year, approval by the local elder and mikveh.
The economy will be based on the gold standard. All coins and legal tender shall be gold or silver.
Lending among citizens is to be done without interest and debts will be cancelled every shemmittah year based on the year of the founding on Shomrim. Lending between citizens and non-citizens may be done at interest for any length of time. Should a non-citizen desire to become a citizen, all outstanding debts must be paid or forgiven.
In any dispute an individual may represent himself or be represented by the head of his family or clan. No compensation may be given for this service.
Witnesses may be called by either side. Witnesses whose testimony can be shown to be false will be subject to the same penalty the accused would have received.
Any physical evidence that would require scientific analysis will be under the jurisdiction of a national crime center, the director of which will be appointed by the chief elder and approved by a two thirds majority of the national council of elders. Either he or his representative must give the results of any analysis.
The elder in the community will hear the case and all the evidence presented. In property cases involving a value of less than one half a year's income, his decision is final. All others may be appealed.
Judgement must be made in any case within five days, excluding Shabbat(s). An individual accused of a property crime may not leave the town until a final judgement is made. A person accused of a personal crime will remain under house arrest until final judgment is made. If the judge believes there is additional time required for the collection or analysis of evidence, he and the two representatives in the case may agree to additional time, not to exceed one month.
Appeals must be heard by the national judicial panel within six months. The judicial panel at it's discretion may choose not to review an appeal.
An elder accused of bribery in any case will be brought before the national judicial panel. If the charges are found to be true, he will receive the penalty he meted out to the accused and will be barred from any office for life.
Military service will be compulsory for all men ages 20-60, Torah exemptions included. Men over sixty may volunteer. Women from 18 and up may volunteer. Every person will serve two weeks per year, one in training and one on the field. Every man will be required to respond to a national emergency.
One of the keys to the success of this endeavor is to balance both the encouragement and requirements of Torah, including the religious principles with a society that will encourage freedom and opportunity; economic, artistic and spiritual. The questions of what is to be required of each individual will need to be answered. Will the requirements of citizens and residents be different? Will the punishments to religious violations be different. There is no desire to create a police state where bands of religious fanatics search every home for kashrut violations or questionable reading material. If done improperly, a nation of people fearful of every action or word will result. However, if private Torah observance is not encouraged, the experiment will fail because it will be a nation of hypocrites.
The solution as I see it now will be to require as little as possible under the law, leave the Torah requirements that have no punishment or are part of the 'private sphere' (niddah for example) to the teachers in the shul. The government will therefore establish and enforce the most important standards and leave the rest to the individual or local community. For example, the government may mandate that no business transactions happen on Shabbat. It will not, however, mandate the traditions people engage in in their homes or enforce any definition of work within the home. It will be up to the local congregational leader to encourage proper rest and worship practices. It will also be assumed that social pressure will exert a great influence on wayward behavior. It will take a lot of wisdom to create a righteous nation that will remain so without becoming either a police state like Iran, or a permissive state like the US.
The preferred way to fund the government and bring wealth into the nation is to develop a positive balance of trade with the outside world. This could be either in the development of natural resources-oil, gas mining etc., the development of tourism or to create a haven for outside business or banking to come in.
Local elections will be administered as follows;
Every eligible voter will be registered in his or her district with the local government. That registration will include a current picture (5 yrs or less) and signature. A representative of the national government elected by the people at large for a term of three years will oversee the ballots and their counting.
One week before the election, a list of all the eligible individuals requesting consideration will be publicly listed.
The date of elections for each town will be determined by the national council of elders.
national elections will be administered at the local level by the town's elder.
One month before a national election, a list of all eligible individuals requesting consideration will be publicly listed.
The individual receiving the most votes will win. In the case of a tie, a runoff of the top two individual will follow the next day, excluding Shabbat(s).
In the case of a resignation or dismissal, a local election must be held within one month to fill it. In the case of a national election, it must be made within two months.
SCRIPTURAL AND HISTORICAL JUSTIFICATION FOR A TORAH BASED POLITICAL ENTITY OUTSIDE THE LAND OF ISRAEL
Case 1-Jews in Babylon Based on Jeremiah 29, the Jews were to settle in Babylon and pray of the prosperity and peace of the nation in which they were exiled. In that land they would seek G-d and find him. They later achieved a great level of autonomy in Babylon that led to some of the greatest learning and achievements within Judaism into the middle ages.
This is also an illustration of the limits of internal autonomy as opposed to actual sovereignty. The Jews in Babylon, according to Jeremiah, were to pray of the peace of the place in which they resided because their peace depended in the peace of their host country.
Case 2-the Khazars This kingdom in south western Russia existed from the 7th to 11th centuries CE. In the eighth century, the king converted to Judaism and it became a Jewish state for the next two hundred years. They controlled the trade routes between the Christian west and the Moslem east and south and became wealthy.
Case 3-the United States The United States was founded on basic biblical principles, many of which were contained in Torah. For the first one hundred fifty years of it's existence, adherence to these basic principles resulted in a steady growth of power and prosperity.