The
term “entity” seems a bit impersonal. The term, as I am using it
here, relates to the basic units making up a federated arrangement or
what I like to call an association. As a reminder, federated
arrangements are groupings of individuals, groups (arrangements or
associations), states or provinces, or nations. The entities of
these associations are brought together by an agreement in which the
conditions and purposes of the arrangement are spelled out. The
classic structure of such an agreement contains a preamble (statement
of purposes), statement (bill) of rights which contains the basic
values of the association in the form of permissible or required
behaviors of the entities comprising the association, the structural
makeup of the association in which the powers of the association are
spelled out, any other provisions the association wants to delineate,
a statement of commitment among the entities which might draw on God
to witness the agreement (a covenant does; a compact does not), a
listing of the entities or representatives of the entities making the
agreement, and any amendments (changes to the agreement). If you
want to see an example, look at the US Constitution. That
example is a compact. In that example, the bill of rights is out of
place. There are historical reasons for that anomaly which are
beyond the purposes here, but I have addressed them in previous
postings. Here, and in the postings to follow, I want to take a
closer look at what an entity is.
Under
federalist principles, an entity is seen as a free agent who/that
independently enters into the confining provisions of the compacted
agreement freely and voluntarily. The person or group enters because
the person or group decides to enter. Its responsibilities are those
that can be reasonably and rationally derived from the provisions of
the covenant or compact. An entity can enter into more than one such
agreement, but in order to be true to each, it should not enter into
separate covenants or compacts – I will use the term compact from
here on to indicate both forms of federated agreements – that have
incompatible aims, goals, values, and/or expectations. If one is
considering the agreement of citizenship under a federated national
system, other federated agreements should legally fall under the
provisions of the national union.
Can
a citizen enter into a contractual relationship and still be true to
a national federated agreement? Yes, of course, and normal federated
unions have provisions that recognize these less binding instruments
of collaboration. One rule of thumb that distinguishes a compact
from a contract is that in a contract one party agrees to do
something for another party in exchange for something else. If one
party does not fulfill the provisions of a contract, then the other
party does not have to do his, her, or their part of the transaction.
In a compact, one is held responsible for his, her, or their
obligation no matter what the other party/ies does/do.
The
compact spells out what the time requirements are for an agreement
and some compacts are made for life. Traditional marriage agreements
were of this latter type. And as far as we are concerned today, so
is our national compact – the US Constitution.
Part
of the significance in considering an entity as a free and willing
agent is that in a federated union, as in the US, a theoretical
foundation by which to address a person's rights is provided. Our
federated union, in the name of its people, has a bi-level
sovereignty1
over the land mass of the US. If you wish to live within the
boundaries of that land mass then you are, in effect, agreeing to
live by the legal provisions established by that union. Does the
union have absolute power over your existence while you live here?
No; the compact, by the provisions of its bill of rights, identifies
the limits of that power and of your rights – the ones you do not
relinquish by joining the union. If you don't agree with the
provisions of the compact, you are free, as far as the union is
concerned, to live elsewhere. Whether another sovereign entity
allows you to live within its boundaries is not the business of this
sovereignty.
In
the next few postings, I am going to revisit the different federal
attributes of an entity. I have reviewed them in the past, but
actually each of the attributes deserves more attention than I have
given to date. Again, it's hard to think of humans as entities. The
problem is that the term has to refer to both individual persons and
groups. I could use the term party, but under certain contexts you
might wonder what the “party favors” are going to be – “entity”
is a clearer term. Perhaps someone might suggest a better term. But
the aim of these postings will be to better outline and explain what
the attributes of an entity are, especially as entities function
within a federated union.
1Bi-level
refers to the sovereignty of the national and state governments.
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