A Cuban Constitution
Forging a new Cuban Constitution is a wonderfully positive idea. Being against something has always been a “devil’s advocate” human trait but it is not enough. An alternative approach to any problem must be given. Our problem has been for 47 years the current Cuban government has employed “gulaganomics” to run the nation – into the ground. Gulaganomics operates like many animal species that use a hierarchy system. Basically, the top dogs are well fed and they are the only ones who get laid regularly. This is fine for a pack of wolves in that it permits the leader with the strongest genes to pass them on and enhance the survival chances of the species. But to force a nation of intelligent humans to sacrifice their time, body and money to this thing roughly known as “the revolution” is barbaric. There is nothing revolutionary about gulaganomics. In fact, the last two remaining countries that employ pure gulaganomics are Cuba and North Korea – an island and a peninsula with barbed wire north and south. Without these barriers the people would flee. So when this Constitution is written it should virtually ban all of the techniques now used on the Cuban people by their own government. Please permit me to give some additional suggestions.
The history of the earth’s civilizations has been a laboratory from which we should draw upon to write this Constitution. We must intelligently codify the good and ensure these things happen and outlaw the bad. One danger point that has plagued the US Constitution is the current politicos believe they need to reinterpret this document or give old words new meanings. It is vitally important that words have a meaning that is set into stone and whose meaning cannot be changed in the future by other tyrants to gain advantage over the people ever again. So we require a strong preamble that defines all key words of the document complete with a glossary of terms so there can be no doubt of our intent or meaning now or in a thousand years or more. This document should define the rights and responsibility of the people; the restrictions and responsibilities of the government as well as its structure and a method for amendments in the future.
For a government structure I would look no farther than Switzerland and their Canton structure. This allows for each village to develop and advance in its own way and leaves the federal government with the responsibilities of the overall nation like coordinating defense, issuing money, border controls, etc. To fund this government a land value tax would be assessed by the local Cuban Canton, about half of which would remain with the local government to fund it, thirty percent to the Provincial Government to fund that level of government to maintain the frontiers between the towns and the remaining twenty percent sent to the Federal Government to fund it. Naturally the provincial and local cantons should also be allowed to tax vice, resource depletion, pollution output, tourism, etc. but not houses, investments, money, labor, sales, imports, exports or generally speaking – governments must be banned from taxing good things that humans require to live a decent life. Rather, tax the bad as a way to compensate society for the damage that vice always causes to some degree or another. Cuban gentlemen may wish to puff on a fine cigar but it should be taxed at a level to compensate for the cancer that’s sure to arise
As for the “Rights” of the people the first must be the Right to Life. Certainly no law should be allowed that would cause anyone to sacrifice their life involuntarily. One sticky area has been abortion in that it does take a life. Still we all know the results of banning abortion and none of them are good. So while I believe we need to create a society where abortion is unnecessary, I also feel that the right to life should include ownership of one’s own body which of course extends to a woman’s ovaries. Government should have no control over the ovaries or any reproductive decisions other than enforcing parenthood rights and responsibilities in court. Additionally, it must include the right to own one’s body which means that you can do as you feel with it in private as long as you do not infringe on another’s right to do likewise. Lastly on this Right to Life are state executions. The difference between the death penalty and genocide is just a question of numbers. 20th Century governments killed hundreds of millions of people for a number of ridiculous reasons. It historically is safer and less costly in the long run to have life imprisonment for the worst offenders. That is a sign of an advanced, hopeful society.
The Right to Free Speech is the next most important human need. This Right should include non-threatening, oral speech, written words, Internet speech or depictions, private adult sexual entertainment, homesteading of TV and radio frequencies to broadcast anything the market will tolerate, paintings and computer graphics, any idea or thought, religious beliefs and ceremonies and basically any conceptual thoughts not used for fraud, violence to another or that would infringe on another’s Rights. The government should have no right to restrict or promote religion. The individual must be permitted to believe anything, write anything and do anyway with the only responsibility being that it may not be based on fraud, violence to another and in some cases personal behavior may be restricted by the local Canton to private space only depending on community standards.
The right to Self-defense also includes a responsibility for national defense but that responsibility must remain a voluntary commitment. Cuba has no needs for offensive war capabilities and all military expenditures of this nature should be banned unless some future unforeseen emergency occurs causing this to be amended. Again, look to 500 year-old Switzerland. Every man is considered a member of the militia and can arm himself accordingly even with automatic weapons. Cubans must have to same rights because it is the most effective protection against threats internal and external. Of course this can only work in a free, prosperous nation civilized by the family structure that has worked for millions of years
Towards that end I come to the Right to Primary Education. The Right to Primary Education must include a prohibition on state and school. Examples of the oxymoron “government education,” Cuba being one of the worst of them, are all bad and declining rapidly while costing more and more money. Education must be the responsibility of the family, church and private organizations who also must be the responsible parties for funding education. Free education simply costs too much in a number of negative ways. It is the first weapon of choice of the tyrant to solidify control over a nation. Check your history. However, if Canton, Provincial or Federal government wanted to advance higher university education it should be decided by the voters to what extent that should be.
Individuals brought up on criminal or civil charges with a penalty greater that the average half day’s wages must be offered a trial by jury. This jury, in the Anglo-Saxon tradition, sits in judgment not only of the evidence against the accused but also the law itself and how it is being implemented. And if their conscience warrants it they may nullify the law in that case by ruling innocent for the accused. The judge would have limited and delineated responsibilities and could not bar evidence. If the prosecution believed evidence was immaterial to the case used only to delay the process he would need to convince the jury of this upon rebuttal from the Defense council. Thomas Jefferson said, "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution." Again history is on my argument’s side. The accused should be given all of the other tradition common English law rights like facing his accuser, right to council, etc. In addition defendants should not be forced to testify against themselves. Cubans should be free to live and move about unmolested by government agents. No search can be accepted without a warrant by a judge giving specific items and charges that must be true to the best knowledge of the charging authorities. Officials abusing the warrant procedure should face severe sanctions. Except during emergencies government should not be allow to force its way onto private property.
The Right to Vote must be inalienable even for criminals. Voting should start at 16 years of age for the local Canton government and 18 for Provincial and Federal. To get on the ballot a bond should be required (set by the particular government level) which would be forfeited if say perhaps the candidate didn’t receive 10 % of the vote or more. The bond would go up or down if the number of candidates was more or less than 7 per office as a way to eliminate frivolous campaigns. Also, Instant Run-off should be mandated for all three government levels. The way that works is you assign your top pick as your first choice and if no candidate reaches 51% then your number one pick is thrown out if he wasn’t one of the top three vote getters and your second choice instantly kicks in. Usually the winner is decided in 2 or 3 rounds at most. This electoral system is a great feedback mechanism for good government. Finally, money must not be restricted by government. This is a form of free speech so, while it is wise to have openness individuals should be allowed to donate as much as they choose to candidates they support.
The above rights I feel are the rights of paramount importance and should be addressed in a Constitution. Still measures for Amendments and many more specific restrictions on the power of government as well as their responsibilities are needed to promote a just,wealthy society. I look forward to forwarding that end.
Tomás Estrada-Palma
