FREE NATIONAL STANDARDS: A Legal Analysis
FREE. Not subject to legal constraint of another. Having the power to follow the dictates of one’s own will. Not subject to the dominion of another.
NATIONAL. Pertaining or relating to a nation as a whole, commonly applied in American Law to institutions, laws or affairs of the United States or its government, as opposed to the several states.
STANDARD. A type, model, or combination of elements accepted as correct or perfect.
Free National Standards, therefore, can be defined as a set of elements of life, liberty and the pursuit of happiness for a specific political community/jural society/nation/state, that are not subject to the legal constraint, nor subject to the dominion of another political community/jural society/nation/state.
As the term “foreign” does not always imply distance, and due to the historically proven doctrine of Diffusionism (the fact that, different nations and tribes have enjoyed cross-cultural pollination and interaction spanning over thousands of years), the principle of Internationalism has been well developed. Since the beginning of recorded history, and well into modern world history, there have been nationals of one political community domiciled within the territorial borders of another, and have come together into communities within said borders. Likewise, the host nations have developed laws to accommodate the guest national community, which would allow the guest to live by the laws of their forefathers in an unobstructed manner (see Pennsylvania’s House Joint Resolution #75, 1933; ‘Moorish-American Society and Use of Their Names’).
The same is no less true for the government of the European United States of America, arguably the greatest example of diversity on the face of the planet in modern times. As Prophet Drew Ali taught us, since the free national constitution of 1774 declared all men free and equal, and that law has not been changed, then there is no need for any special amendments for the salvation of our people. This statement directly implies the existence of legal provisions for the Asiatics’ pursuit of real freedom and unobstructed self-determination within the territorial jurisdiction of the European United States. We will now examine this subject intelligently, from the Prophet’s platform.
“With us all members must proclaim their nationality, and we are teaching our people their nationality and their divine creed, that they may know they are a part and partial of this said government, and know that they are not Negroes, colored folks, black people or Ethiopians…”
-Act 6, Divine Constitution and By-Laws by Prophet Drew Ali
The term “member” in this case means one of the persons constituting the group, association, corporation, or in this case, the body politic and political community known as the Moorish Science Temple of America. To “proclaim their nationality” is requisite in being recognized, not only by the government in which you live, move and have your being (‘this said government,’ i.e. the one we obtain representation and protection of rights and immunities from), but the other nations on the earth land, for the proclamation rebuts any presumption that the member is anything else but what has been proclaimed.
The phrase “…and we are teaching our people their nationality and divine creed” describes the process of completing the repatriation of the member, educating them not only on what it is to be Moorish, but most importantly, how to be themselves, which is a Moslem.
16. How did the Prophet begin to uplift the Moorish Americans? By teaching them to be themselves.
17. What is our religion? Islamism.
18. Is that a new, or the Old-Time religion? Old-Time religion.
-Koran Questionnaire for Moorish Americans by Prophet Drew Ali
“I do hereby declare that you are a Moslem under the divine Laws of the Holy Koran of Mecca, Love, Truth, Peace, Freedom, and Justice.”
-Moorish Nationality Card by Prophet Drew Ali
“Moslem” in this instant case being the proper, identifying noun, and “Moorish American” being the adjective, describing the type of Moslem being identified. Our legal identification is, therefore, MOSLEM. We will now briefly examine how this designation allows us to “answer up to and apply to the free national constitution”.
As stated previously, provisions are made in the laws of the European United States to accommodate communities of foreign nationals.
MOHAMMEDAN LAW. A system of native law prevailing among the Mohammedans in India, and administered there by the British government.
MOSLEM LAW. One of the two great systems of customary law which the English found in India. It regulated the life and relations of all Moslems, and parts of it, especially its penal provisions, were applied to both Moslems and Hindus.
The European’s American legal system was founded on a then-radical experiment, that of separation of Church and State. This was the defining foundation stone of their Masonic-influenced idea and desire for separation from the English Crown. While their system of government recognizes no national religion, their constitution of 1789 (commonly called the ‘Constitution of the United States’) guarantees the right of freedom of religion.
Islamic Jurisprudence, conversely, knows no such separation. Religion IS the law. Islamism is the permeation of the principle of Islam in the very fabric of human activity for the Moslem. Ideally, every act for the Moslem is a remembrance of his/her relationship to Allah and His Prophet, and ideally, every act of the Moslem should be guided by remembrance of that relation.
Hence the separation of Church and State creates the necessary provision and accommodation for Moslems of Moorish national origin, for in this system, religious societies in their proper context are governed by the Theocratic principle and not secular authority, and thus constitute a “wheel-within-a-wheel,” or independent ecclesiastical government.
ECCLESIASTICAL. Pertaining to anything belonging to or set apart for the church, as distinguished from “civil” or “secular,” with regard to the world.
Therefore the MSTA; a DIVINE and NATIONAL movement, treats of the very heart of jurisprudence, or the science and philosophy of positive law:
JURISPRUDNTIA EST DIVINARUM ATQUE HUMANARUM RERUM NOTITIA, JUSTI ATQUE INUSTI SCIENTIA. “Jurisprudence is the knowledge of things divine and human, the science of what is right and what is wrong.”
Lastly, we will examine the direct connection to ourselves and our free national standards via uniting in Allah’s MSTA.
In the European’s American legal system, the 14th Amendment is called “the incorporation doctrine…that which makes an Anglo-American scheme of justice applicable to the states.” “Our Authority,” in conjunction with other works of the Prophet Drew Ali in the (re) construction of Islamic practice and function for Moorish Americans in this age, constitutes a Moorish Incorporation doctrine, making a Moorish American scheme of justice applicable to the Asiatic Nation in the states of North America.
The phrase “states of North America” is in no way limited to the 52 European “states,” as the term “states of North America” would also imply the nations of Mexico, Cuba, those nations mentioned in Ch. 45:5-6, etc., as the term “state” is analogous to “nation.” The term “North America” directly speaks to domicile (land mass) as opposed to a particular political community (nation).
As will be covered in a subsequent lesson (the International Complexion of the MSTA), The MSTA meets all the requirements of a political community/jural society/state in International Law, specifically with the power to “make law and enforce laws,” specifically, the power to
“…Apply its own law for the determination of the nationality of origin of any individual or juristic person and of its acquisition, loss and recuperation thereafter, either within or without its territory, whenever one of the nationalities in controversy is that of the said State…”
-Resolution of the Convention on Private International Law (Bustamante Code), Ch. 1, Art. 9
As Code sets the foundation for Laws enacted, in closing we offer a brief analysis of other parts of the Code of Dr. Bustamante in comparison to Laws of Prophet Drew Ali in conjunction to the said Code:
“Questions concerning individual acquisition of a new nationality shall be determined in accordance with the law of the nationality which is supposed to be acquired.”
“Resumption of nationality is controlled by the law of the nationality which is resumed.”
“With us, all members must proclaim their nationality, and we are teaching our people their nationality and divine creed…”
“In the case of loss of nationality, the law of the lost nationality should be applied.”
“What your ancient forefathers were, you are today without a doubt or contradiction.”
“Unincorporated civil, commercial, or industrial societies or companies shall have the nationality provided by their articles of association, or, in an applicable case, that of the place where its principal management or governing body is habitually located.”
See “Our Authority.”