A Proposed Bill of Rights for the Free Republic of Liberland

I have held back on writing this but I feel that I cannot hold this back any longer we must have a fully detailed and the most radical libertarian like bill of rights that the world has ever see, I present my draft my Bill of Rights for the Free Republic of Liberland.

The Free Republic of Liberland, founded on the principle that the individual is sovereign and the state exists only as a voluntary night-watchman, requires a Bill of Rights that is not merely decorative but constitutionally supreme, unamendable by ordinary legislation, and enforceable by immediate judicial nullification and private prosecution. What follows is the most uncompromising, comprehensive, and explicitly libertarian bill of rights ever drafted for a national constitution, drawing from the strongest provisions of the U.S. Constitution and all fifty state constitutions, the Swiss Federal Constitution and all twenty-six cantonal constitutions, the English Bill of Rights 1689, the Magna Carta tradition, the UN Charter and Universal Declaration where they protect individual liberty (and ignoring them where they do not), and the historical experience of every free people. Each enumerated right is followed by the reasoned editorial paragraph explaining why no free society, and especially Liberland, can endure without it in its most absolute form.

Article I – Supremacy of Individual Liberty

§1. All legislative, executive, and judicial power is subordinate to this Bill of Rights. No law, regulation, emergency decree, international treaty, or act of any official may infringe, diminish, or “balance” these rights under any circumstance. Any official who attempts to do so commits a felony punishable by immediate removal and permanent disqualification from office.

This clause is required because every historical tyranny began with “temporary” or “reasonable” suspensions of rights. An explicit, unamendable supremacy clause with personal criminal liability is the only proven way to prevent the slow strangulation of liberty that has occurred in Rome, Weimar Germany, and every modern social democracy.

Article II – Rights of Life, Liberty, and Property

§1. Every individual possesses an absolute, inalienable right to life, liberty, and property from the moment of live birth until natural death. No government may directly or indirectly deprive any person of these rights except by due process after conviction for an aggressive crime as defined in this Constitution. §2. Abortion after the detection of a heartbeat is homicide unless the physical life of the mother is demonstrably at risk. The state shall protect unborn children with separate legal personality from the moment a heartbeat is detectable.

Liberland must reject both the totalitarian pro-life and pro-choice extremes. The heartbeat standard, now adopted in multiple U.S. states and defensible on pure biological grounds, is the only non-arbitrary point that protects innocent life without enslaving women.

§3. No person may be subjected to involuntary medical treatment, vaccination, sterilization, psychiatric detention, or any other bodily intervention without a judicial warrant supported by clear and convincing evidence of immediate danger to others caused by aggressive force.

The COVID-19 era proved that modern states will impose medical tyranny the moment they believe the public will tolerate it. Only an explicit, absolute prohibition stops the slide into therapeutic totalitarianism.

§4. Euthanasia and assisted dying are fully lawful when performed with the informed, uncoerced, written consent of a competent adult.

A libertarian order that claims to own the body must permit exit from the body on the owner’s terms.

Article III – Freedom of Thought, Conscience, Religion, and Speech

§1. There shall be no law respecting an establishment of religion or prohibiting the free exercise thereof; nor any law abridging the freedom of speech or of the press; nor any prior restraint, licensing, tax, or registration requirement upon any medium of expression. §2. The rights in §1 are absolute. “Hate speech,” “disinformation,” “harassment,” “incitement” (unless meeting the strict Brandenburg imminent-lawless-action test), defamation of public figures, obscenity, flag burning, blasphemy, Holocaust denial, election advertising, commercial speech, and private criticism of officials enjoy the same protection as prayer or political debate. §3. No compelled speech, pronoun usage, diversity statement, loyalty oath, or ideological training shall ever be required by law or as a condition of employment, education, or public accommodation.

Every erosion of free speech in the West began with “except for hate speech” or “except for misinformation.” Only absolute protection, including the right to be factually wrong and morally vile, prevents the state from defining truth and decency.

Article IV – Right to Keep and Bear Arms

§1. The right of the individual to acquire, keep, bear, manufacture, import, sell, and carry any weapon—repeat, any—weapon, including fully automatic firearms, suppressors, short-barreled rifles, explosives, and armed vehicles, shall not be infringed by any law, regulation, tax, fee, registration, or background check. §2. Open and concealed carry without permit shall be lawful everywhere except inside private property where the owner prohibits it. §3. The military and police shall use only weapons available to civilians on the open market.

Switzerland has proven that an armed populace is the safest populace. The American and European experience has proven that every gun control law is a stepping-stone to confiscation. Liberland must leapfrog history and make itself the most heavily armed society on Earth from day one.

Article V – Security of Person, Home, Papers, and Effects

§1. No search, seizure, wiretap, data collection, or surveillance of any kind may occur without a specific judicial warrant supported by probable cause of an aggressive crime, sworn under penalty of perjury. Mass or suspicionless surveillance is forbidden forever. §2. Encryption is an absolute right. No back doors, key escrow, or bans on strong cryptography may ever be imposed. §3. Civil asset forfeiture is abolished in all cases. §4. Every home is a castle. No-knock raids are prohibited except with overwhelming evidence of imminent destruction of evidence of a violent felony, and any error makes the officers personally liable for treble damages.

The surveillance state is the defining threat of the 21st century. Only iron-clad, technologically aware protections can preserve anonymity and privacy in the digital age.

Article VI – Rights of Property and Economic Liberty

§1. Private property is inviolable. No zoning, environmental regulation, rent control, confiscatory taxation, nor the use of eminent domain shall exist . §2. The right to work, contract, and engage in any economic activity without license, permit, or regulation is absolute, except for fraud or direct aggression. §3. No involuntary tax may ever be imposed. §4. Central banking and legal-tender laws are prohibited. Gold, silver, cryptocurrencies, and private currencies shall compete freely.

Unlimited democracy always devours property. Only constitutional straitjackets on spending and regulation have ever preserved economic freedom (see Switzerland and pre-1913 America).

Article VII – Rights of Justice and Due Process

§1. Trial by jury of twelve, requiring unanimous verdict for conviction, is guaranteed for all crimes where imprisonment exceeds one year. Jury nullification is an express right. §2. No double jeopardy, no ex post facto laws, no bills of attainder. §3. The privilege of the writ of habeas corpus shall not be suspended except during actual invasion, and even then only by 90 % supermajority. §4. No crime without victims (vice crimes, drug offenses, prostitution, gambling) shall exist. Malum prohibitum is abolished. §5. Private prosecution of crimes is permitted. Victims may pursue justice independently of the state.

The state has a monopoly on force but must never have a monopoly on justice. Jury sovereignty and private prosecution are the oldest Anglo-Saxon checks on tyranny.

Article VIII – Right to Self-Defense and Resistance

§1. Every individual has the absolute right to use any necessary force, including lethal force, to defend life, liberty, or property from aggression, public or private. §2. There is an express constitutional right to resist unconstitutional acts by government officials with proportionate force. Officials who violate this Bill of Rights forfeit all immunities and may be resisted as common criminals.

The American Founders and the Swiss Cantons recognized that the ultimate guarantee of liberty is the right of revolution codified as a daily, individual possibility.

Article IX – Freedom of Movement and Exit

§1. Every person has the absolute right to enter, leave, and travel within Liberland without passport, visa, or restriction, subject only to private property rules on private land. §2. No person may be exiled or denaturalized except by unanimous jury verdict for treason in time of war.

Open borders for peaceful people are the logical corollary of private property and free trade. The Swiss system of residence by canton proves local control and private discrimination solve every supposed problem of immigration. However, other nation-states may impose such restrictions such as passport or visa restrictions and citizens of Liberland must bear in mind those restrictions.

Article X – Nullification

Any citizen or jury may declare any law or act unconstitutional, triggering immediate suspension until resolved by the Supreme Court.

Federalism and secession are the ultimate checks on central power. Switzerland’s 26 cantons and American states prove that competition among governments protects liberty better than any parchment barrier. The reason for unanimity in this situation is clear everyone must consent to their core rights to be amended, for if even one citizen votes no on the amendment they void the entire amendment, that is the most raw power of direct democracy.

Article XI – Permanence of Existing Rights and Procedure for Extension of New Rights

§1. The rights, freedoms, and prohibitions enumerated in Articles I through X of this Bill of Rights (including all subsections and clauses) are eternal and absolute in any respect.

§2. No existing right may be diminished, qualified, restricted, suspended, or repealed, nor may any new exception, limitation, or “balancing test” be introduced to any existing provision, except by the unanimous affirmative vote of every registered citizen of the Free Republic of Liberland that is of lawfully eligible to vote in a referendum in which every citizen actually casts a ballot, the voting period shall remain open for exactly one calendar year unless the entire body of eligible citizens has cast their vote prior to that window in which case if adopted that amendment shall become valid 30 days after approval. Abstention or failure to vote shall not be counted as a vote. Any attempt to amend, qualify, or repeal an existing provision that does not achieve 100 % unanimity is null and void.

§3. New rights, freedoms, or prohibitions that further limit the power of government or further expand individual liberty may be added to this Bill of Rights by constitutional amendment. Such an extension requires:

(a) must be explicitly phrased as a new Article or new section that does not modify, reference, or cast doubt upon any existing provision and;

(b) requires approval by a three-fourths (75 %) majority of votes cast in a national referendum, provided that at least fifty percent of all eligible citizens participate.

§4. All proposed amendments must be first reviewed by the Supreme Court before submission for a vote to the people to determine if the amendment has the effect (direct or indirect) of diminishing an existing right enumerated in Articles I–X shall be automatically void. The officials or other persons who proposed the amendment shall be permanently barred from office, if it can be proven beyond reasonable doubt that such action was done intentionally and with malfeasance.

I wrote Article XI the way I did because of the rights of the people are innumerable, if a person feels compelled to add to this almost unalterable list they shall be free to do so. As technology and times change new rights may be “discovered” as in they had always existed but the need for them was not known until after this bill of rights was written. Look at the US Constitution, all of our digital rights did not exist then but they have been incorporated as still being part of the 4th amendment means they are still protected from unreasonable search and seizure. But if one wants to go further and define what those specific digital rights are they can amend the constitution if they so choose to desire to. In today’s political climate, I do not see any kind of amendment being ratified into the US Constitution. But I also loathe the “penumbra” doctrine that the US Supreme Court has on occasion used. This is another reason why I think it should be easier to add and almost but not completely impossible to amend once it is enshrined into the body of the bill of rights.

This proposed Bill of Rights is not moderate, balanced, or pragmatic. It is deliberately radical, absolute, and designed to make Liberland the freest place humans have ever lived. History teaches us that liberty is never lost in giant leaps but in small, reasonable exceptions. Liberland’s founding generation must refuse every exception, every “common-sense” compromise, every emergency clause. If we accept one, we will end with none.

In the words of Jefferson, slightly adapted: “In questions of liberty, let us not trust the guardians of the future to be more vigilant than we are today. Bind them down with the chains of this Constitution, and let the only key be thrown into the Adriatic.”

For the Free Republic of Liberland, this is that chain—and that key is already at the bottom of the sea.