Provisional Governments and Ex Post Facto Laws
July 16, 2024
by William P. Meyers

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Crimes Against Nature Should Be Punished

Ex post facto laws make some act a crime after the crime has been committed. They are specifically forbidden by the U.S. Constitution (Article I, Sections 9 and 10), with good reason. The ex post facto law prohibition is not, however, universal. Often new regimes, after coming to power, punish their enemies under various laws that did not exist under the prior regime. However, there is a strong argument that laws passed by provisional governments should not be considered ex post facto. While this essay is concerned with the Provisional Government of Earth (PGE), that would serve as only one example for the general case. For an introduction to PGE see Thoughts on the Provisional Government of Earth and Paths to a Provisional Government of Earth.

Mostly for profit, but for a variety of reasons, people (individuals and groupings like corporations and governments) have been destroying the ecosystems of earth for over two centuries. Some nations have passed laws to try to protect the environment, and in some cases there has been international cooperation in this area. For instance killing whales was (mostly) banned, and there is a ban on releasing chemicals that harm the ozone layer. However, the population of earth has continued to grow, and the consumption per person has continued to grow (on average), and therefore the amount of carbon dioxide in the atmosphere has already reached level where many plant and animal species (including Homo sapiens) are dying from increased heat. Other forms of pollution and environmental destruction continue to mount.

The earth needs planet wide laws, passed 50 years ago, to prevent this. The laws passed in the past 50 years are clearly inadequate.

If the Provisional Government of Earth could come into power tomorrow (literally July 17, 2024) I might be okay with not making any ex post facto laws. But we will not come into power tomorrow. So we are declaring that any law declared by provisional government members or groups could be retroactively enforced when we come to power. We want people to stop their crimes against nature before we are in control. We will have to sort through proposals to see which should be actually enforced. Here I will declare a few laws, in very general terms, with consequential punishments.

Opening any new coal mine, or expanding one already existing, anywhere in the world, for any reason, will be punishable by death. Assisting in the opening of such a coal mine, including planning, legal work, granting permission for it, providing financing, or actual work on the mine, will be punishable by up to a lifetime of prison or labor restoring the environment.

Opening any new oil field or well, or natural gas well, anywhere in the world, for any reason, will be punishable by death. Assisting in the opening of such a well, including planning, legal work, granting permission for it, providing financing, or actual work on the well, will be punishable by up to a lifetime of prison or labor restoring the environment.

Opening any new high energy consumption project, including server farms, factories, or other facilities, will be punishable by confiscation of those assets and up to ten years imprisonment.

Greenwashing will be punished by confiscation of assets and up to five years imprisonment.

Preventing access to birth control, including abortions, will be punishable by up to 20 years imprisonment for government officials and 5 years for the general public.

Converting a non-agricultural, wild habitat to farmland will be punishable by confiscation of all assets (not just the converted land) and up to 5 year of prison.

Building a new all-gasoline powered car (or equivalent passenger vehicle) will be punishable by confiscation of the factories used for the cars and their parts, plus a $25,000 fine per vehicle. Hybrid vehicles may continue to be manufactured until the end of 2029. There will be no penalty for continuing to use, or repair, gasoline vehicles as long as they shall last.

Any government official, included elected officials, who denies climate change or has failed to do their utmost to protect the earth and its environment, will be prohibited from ever again holding public office or employment.

I could go on. This list is just good start. Feel free to share your ideas with your own contacts. The earth is in critical condition.