Bill Ball Island Founders: Laureen Biruk, Christopher D’Amore, Gregory Howe, Michael Peters, John Richard, Sarah Ross, Ann Wright

The Social Contract of Bill Ball Island

I. The Form of Government

The government on Bill Ball Island will be relatively simple. A democracy is obviously the clear choice, although a direct democracy in which every member of the island votes on every issue would be impractical. The solution to this is a democratic republic-type government, in which all the people over the age of eighteen vote for eleven who will serve as the Cabinet. The voting system will be very simple; the eleven candidates who receive the most votes will become the Cabinet. There is, however one exception, the government will consist of a party system, and a minimum of one member of each party must be elected. The parties will consist of the various major occupational groups; a hypothetical party system would consist of the production, the construction/innovation, and the civic (doctors, etc.) groups/parties. This is to ensure that the government does not get disconnected with any segment of society, or make uneducated choices when it comes to some area of the “economy”, a mistake like that could be disastrous in so precarious a society. Also Cabinet members are to server one year terms and are restricted from serving consecutive terms (though they are not limited to any number of non consecutive terms), so as to prevent abuses of power.

The elected Cabinet members will all be equal in power, acting as the legislature and judiciary, with limited executive type powers. For organizational purposes every meeting the Cabinet will have a chairman who keeps proceedings organized and functional, however, this position will alternate every meeting. The legislative powers of the Cabinet will be limited in several situations. The government will remain largely laissez-faire, with the one exception pertaining to protection and regulation of unions. They also do not have the ability to change any rules laid out in the constitution without a general vote of the people in which two thirds rule in favor of the change, of which there are two a year if necessary. Also any law affecting the powers or payment of the current Cabinet will not come into effect until the end of their term. The judiciary powers of the Cabinet will consist of civil and criminal cases. They shall have the power to force payment in civil cases, as well as sentence criminals. The rights given to the accused will be a modified version of the American judiciary, however the modifications will extend only so far as is absolutely necessary to fluidly coincide with the specialized government of Bill Ball Island. The executive powers of the Cabinet pertain to establishing an independent police force. At the end of each Cabinet term three people will be selected by the cabinet to head the police force during the next term (to prevent the loyalty of the police force to the regime in power). These three people are to serve as the organizational leaders of the police force and are not subject to any limitation on how many terms they may serve. Additionally the police force will never consist of more then four percent of the population and it will maintain the purpose of a typical police force in the apprehension of criminals and investigations of crimes. The one exception to this is in the occurrence of an emergency such as a riot or natural disaster in which the Cabinet, after a unanimous vote of its members, will take over control of the police force in order to maintain order and protect the general public for up to one month. At the end of one month a general vote of the people must be taken and two thirds must be in favor to continue the Cabinet control of the police force for up to one additional month, this process can then be repeated as many times as needed.

The government will maintain the limited ability to tax the people. The tax however will be used solely to pay the Cabinet members (a full time job in this society), the police force, and those who are disabled or otherwise proven unable to work. The Cabinet does not have the power to set the taxes. The police force will be set an annual budget for payment of its officers by the previous Cabinet just prior to the end of its term. Similarly the budget to be dispersed among the disabled will also be set by the previous Cabinet. Also, to prevent abuse, the current Cabinet members will all receive the same amount, based upon the average of all their incomes, plus an additional ten percent.

II. The Powers of the Government

The government of Bill Ball Island will act predominantly with laissez-faire policies; however certain powers will be specifically delegated to The Council of 11. The Council of 11 alone will have all legislative and judicial powers, and some limited executive powers. Each member of the council will have the power to propose legislation to be accepted or rejected by the council. Legislation will be deemed law if, and only if, the council finds, by a simple majority of all 11 members, the bill to be both necessary and proper for the protection, safety, and survival of the citizens of Bill Ball Island. No bill proposed by the council may impede upon the rights of individuals, groups, or property, without due process of law, as deemed by the social contract. Through legislation, the council reserves the right to appropriate resources (unused land, coastal space, etc.) as seen fit to benefit the population of Bill Ball Island. The council can only amend the constitution by a 2/3 vote by the citizens, and a unanimous vote of the council. The council will not be able to enact laws which pertain to the compensation of the current council. Any law pertaining to compensation of the council will come into effect at the end of their term.

The council will also have all judicial powers in both civil and criminal cases. In civil cases, the council will decide which party is awarded compensation by a simple majority. In criminal cases the council will decide guilt by a 7/11 majority, anything less will result in an acquittal. No appeals will be heard as per the limited legal infrastructure of the island. The council will decide the punishment on a case by case basis refraining from the usage of cruel and unusual punishment. The council will adhere to stare decisis enabling further generations of leaders to build on the tradition of fair and balanced Bill Ball Island justice. All but the most egregious offenders will be sentenced to serve community service. Solitary confinement will be reserved for only the most severe offenses.

The executive powers exercised by the council will be limited. The council will create a police force, which will protect the public from those posing a threat to their lives, safety, property, or freedom. It will enforce all laws created by the council. The police force will also work closely with the council in conducting investigations. The police force will operate using only non-lethal force and will be strictly monitored as to avoid any abuse of power. The council will also be able to call elections with two month’s notice to propose an amendment to the constitution or for other similar measures deemed necessary. The council will have the power to tax, but only in order to compensate the members of the council, other public officials (Police force, prosecutor, etc.) and to compensate the disabled and those deemed too old or not fit to work.

The government may not pass any law, policy, or measure that violates any of the rights, stated in the social contract, of the citizens, groups, or island as a whole without due process of law. If the people of Bill Ball Island should find grievance with any of the above they may petition (2/3 of the public’s signatures) for a referendum on which the council should develop a compromise.

III. The Rights of Individuals

All individuals on Bill Ball Island will have rights guaranteed to them. These rights will be for every member of society and no person can be deprived of them. The individual rights of Bill Ball’s island will resemble those of a democratic institution, reflecting many of the ideas of the Bill of Rights. There will be four main rights guaranteed to every member of society, including freedom of speech, religion, no cruel or unusual punishment, and the right to unbiased trial.

Freedom of speech will be an essential element to the rights of individuals on Bill Ball Island. Each person has the right to voice their opinion, even if they are opposed by the majority. The people may also oppose the government and no leader has the right to punish anyone participating in discourse no matter what the subject. Also, the people of Bill Ball Island will have the right to assembly. Similarly to the Bill of Rights, this law allows people to gather for peaceful and lawful purposes.

It is likely that there will be an assortment of religious practices from the members of Bill Ball’s Island because they are from the American population. In order to avoid the persecution of any religion or the imposing of one religion, every person will be guaranteed the right to practice whatever religion they wish. The government will be entirely secular and will not force or attempt to convert any individual.

While a member of society is being held by the police to be heard in a civic or criminal case their will be absolutely no use of force or unusual punishment towards them. Every person on trial will have the right to defend themselves, and respond to any accusations made by the public offender. Furthermore, it is also unlawful for the elected government to use any form of torture or punishment on any member of society while they are waiting trial.

Any person convicted of a crime will have the right to a trial by the cabinet elected as the representational government. The members of this cabinet must swear that they will not be biased in their decisions and will base the verdict solely on facts. No member of society can have their life, liberty or property taken from them without due process. The eleven cabinet members are the only people permitted to make judgment on the punishments of people and they must have a seven out of eleven vote to convict a person.

As previously stated, the citizens of Bill Ball Island have decided to use the United States’ Bill of Rights as a guideline for their own social contract. These are the basic human rights that promise equality to all citizens no matter what their differences and also better the island through equal practices and a welcoming of ideas. Aside from these basic rights, Bill Ball Island has also amended rights according to its specific needs. The reasonable amounts of resources on the island has provided for the possibility of a marginal population expansion. Thus, the potential danger of overpopulation on the island, and uncertainty over the availability of resources requires a limit of two children per couple. If a couple has more than two children, the additional children must be adopted by those couples without children or those who cannot have children. The rudimentary educational system is also the cause for this two-child limit. Also, if you are under welfare or the care of the government, you are only allowed one-child per couple.

The educational system has just begun and is not organized yet for children and will frankly be “tested” on those who have just been born or who came on the island at a young age. However, every citizen has the right to an equal education on Bill Ball Island. Parents of schoolchildren pay professors via a contractual barter based upon how much they can reasonably afford. However, to eliminate favoritism resulting from payment imbalances, resources and services offered must be within the limits of a pre-configured amount. If corruption is suspected, citizens may utilize the judiciary system. Impoverished children or children under the care of the disabled, senior citizens or any other party that cannot support themselves, also have the right to education. Discussed later, all laborers pay an income tax of their resources and/or services. The professor’s income tax is the offering of his services to the government. Thus, the professor’s tax is to teach those who cannot afford to offer resources or services.

Additionally, everyone on Bill Ball Island has an equal right to utilize resources. Therefore, the government provides support to the disabled, senior citizens, orphaned, or people who otherwise cannot support themselves. To pay for the welfare system, current laborers of the state must pay a graduated income tax. For example, if a farmer has a bad season, the tax only requires a few food items. This law allows those who cannot support themselves to still live with what they need but also for the laborers to give accordingly. Because of the one-child per welfare couple, the government will only give resources to one child under the welfare person’s care. The only exceptions will be who arrived in the original boat with a child and an unborn or in other special situations. Any additional children must be taken by another member of the family who has not yet reached their own limit of two children, or adopted.

Individuals will also have an equal opportunity to work. The labor industry, such as farmers, can manage the availability of those positions themselves. However, service positions, such as professors or partners in businesses are based upon merit and credentials. They must apply anonymously with no mention of gender or other details unrelated to the position. This eliminates discrimination. Only the best of the best will be chosen for any position.

All these laws are also dependent on the right to a trial and all citizens must apply to use the judiciary system. There are no lawyers but only representation of oneself or use of a petition. When a citizen represents himself, he is passionate about the issue and works only to improve it for others and for the benefit of Bill Ball Island.

IV. The Rights of Groups

Groups on Bill Ball Island hold similar rights to individuals. However certain rules will not apply, such as those pertaining to marriage and child bearing simply because this is impractical. Other rights are critical to the freedom of the Bill Ball Island’s citizens. Groups of citizens shall have freedom of speech, press, religion, assembly, and petition of the government. A group can be put on trial and it may bring suit against other groups or individuals as defined by the Government’s judicial system. The Government may also tax a group if it generates a profit and a group may petition the Government for ownership of land. While the Cabinet may not ban a group for its beliefs, it may ban a group for its actions.

The Government of Bill Ball Island prohibits from actions deemed harmful to the citizens. A group may not cast a vote, nor shall it seek election because this may give a minority control of a majority by way of voting in council members who are sympathetic to certain groups. A group may not secede from Bill Ball Island to form its own government. On an island with a limited population and limited resources, several different governments cannot easily coexist. Therefore, banning secessions of groups is in the interest of all of Bill Ball Island’s citizens. Groups may not use resources in a frivolous fashion. Potable water, wood, and good topsoil are all critical to the survival of our citizenry. If someone ruins a fresh water supply, burns a forest, or drains the soil of its nutrients, everyone will suffer. A group may collect dues from its members, but it may not tax non-members or hold any sort of jurisdiction beyond that of the Cabinet. Judicial action will be taken in such cases and a punishment will be doled out as necessary.

Certain kinds of groups must be explicitly allowed while others must be banned outright. Work and craft unions will be permitted, though the Government may order a union back to work by a super-majority (a vote of seven out of eleven in favor) if its production is necessary to the survival of the citizens of Bill Ball Island. Empowering workers in all sectors by uniting them helps to eliminate class and social differences. However, the Government should avoid involvement between management and workers because of the possibility for business owners to be elected to positions within Cabinet. Political, social, cultural, and religious groups are certainly welcomed provided that they do not impinge upon the rights of other individuals or groups. Not for profit groups that seek political or social change within Bill Ball Island are welcomed as well, provided that they do not propose the radical overthrow of the system in place. Reforms will be examined in detail, but a radical change is not welcome.

The Government will not allow informal groups such as violent gangs or vigilante groups to exist. A violent gang will be defined as any group that intends to inflict physical harm or harassment upon the property or livelihood of any citizen or group. Vigilante groups only serve to usurp the power granted to the Government by the citizens of Bill Ball Island, thus they are banned outright. Thus, groups may not act as their own police force because the government of Bill Ball Island has already provided one. Additionally, a vigilante group likely has differing goals from those of Bill Ball Island’s government. Subsequently, they will do more harm than good.

V. The Rules of Property on Bill Ball Island

Property on Bill Ball Island is distributed by the government and it is given to individuals based on their particular needs. For example, a farmer would receive more land than a doctor due to the fact that a farmer would need a larger area in order to carry out his or her work. After the government has distributed the land according to the needs of its individuals, it no longer plays any role in the real estate system of the island except when an individual makes a petition to the cabinet for a change of property. From this point onward, it becomes the owner’s sole responsibility to care for his or her property and the government is no longer permitted to interfere. Once it has been distributed, the government cannot take away the property it has granted to a particular individual, nor does the police force have the power to violate an individual’s privacy rights by searching his or her home without a warrant provided by government officials.

Individuals are expected to permanently live and work on the land given to them by the government; however, if they are incredibly unhappy with their circumstances, citizens are also granted the ability to appeal to the government for a land change. If the members of government agree to an individual’s proposal, then he or she is permitted to move from his or her land. For example, if a doctor decided that he was unsatisfied with the land given to him by the government and that he would like to move onto a larger piece of property, he would have to demonstrate that he would put this new property to good use either by farming and distributing crops, or by explaining that he would use his land in such a way that it would benefit all the citizens of the island. The reason as to why it is necessary for this type of transaction to go through the government is because even though citizens are entitled to maintain their own piece of land, they ultimately do not have the ability to sell it on their own due to the fact that no monetary currency exists.
 

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