Sean Swain

CONSTITUTION OF THE ARMY OF THE 12 MONKEYS NOW OFFICIALLY FILED WITH OHIO SECRETARY OF STATE by Sean Swain

The Constitution of the Army of the 12 Monkeys officially registers the Army of the 12 Monkeys as an “unincorporated association,” a non-profit that claims protection as an “animal enterprise” under federal statutes. The text of the Constitution of the Army of the 12 Monkeys follows, as it was written by Anarchist Prisoner Sean Swain, a.k.a., Monkey #4, with an explanation following that text to describe why it was written as it is written and the implications of the Army of the 12 Monkeys’ legal existence.
The Constitution of the Army of the 12 Monkeys, as filed with the Ohio Secretary of State:

CONSTITUTION OF THE ARMY OF THE 12 MONKEYS

WHEREFORE, as the hierarchical ordering of human society based principally upon mass production has proven to be devastating to all life on the planet,
AND WHEREFORE, an alternative means for maintaining all life on the planet is now necessary,
AND WHEREFORE, as human beings are “animals” by biological definition,
BE IT RESOLVED, that the undersigned hereby form the Army of the 12 Monkeys, an “animal enterprise” pursuant to 18 U.S.C.S. Section 43, an “academic enterprise” that “uses” “animals” for “research,” and a “lawful competitive animal event,” as an unincorporated association with all rights and privileges under law as afforded to organizations so formed, pursuant to Ohio Revised Code Section 1745, and
BE IT RESOLVED, that this unincorporated association is formed pursuant to Ohio Revised Code Section 1745 for the purpose of research and lawful competition to contribute to the discovery of those alternative methods for securing the future, absent hierarchy and mass production, through direct action as a challenge to the current, failed order, and
BE IT RESOLVED, that through such research and competition, evolving the methods for applying direct action, the Army of the 12 Monkeys’ stated purpose is to provide a model for overcoming the existing, failed order and securing a sustainable future without hierarchical structure and without mass production which are the hallmarks of the current, failed order.

ARTICLE I. MEMBERSHIP, ORGANIZATION, AND STRUCTURE.

Section 1. “Member” is used herein in conformity with Ohio Revised Code Section 1745.05. All members of the Army of the 12 Monkeys shall have equal rights. All members of the Army of the 12 Monkeys shall possess equal authority. There will be no conditions upon membership beyond a member’s acceptance of the organization’s purpose. There shall exist no officers, directors, trustees, or hierarchical organization. For compliance with statutory law, the Army of the 12 Monkeys shall have an appointed statutory agent who will function in that capacity as a service to the organization, but will derive no special authority or prestige from the position bestowed.
Section 2. The organizational structure of the Army of the 12 Monkeys is the “column” or “cell.” Each column or cell of the Army of the 12 Monkeys will be composed of as many as 12 members. Each column or cell will be identified with a number designation. Members may choose to use other terminology to describe the column or cell, such as “chapter” or “branch.” For purposes of this Constitution, the term “column” will be used throughout.
Section 3. Each column of the Army of the 12 Monkeys will be responsible for its own financial affairs, schedule of meetings, and direct action campaigns. Unless otherwise determined by the individual column, meetings shall be conducted by consensus and the position of facilitator shall rotate from meeting to meeting.
Section 4. The first column of the Army of the 12 Monkeys will be designated Column Zero. Column Zero shall be the organizational structure to which the first twelve members of the Army of the 12 Monkeys belong, the structure in which these members function as members of the Army of the 12 Monkeys.
Section 5. The founding members of the Army of the 12 Monkeys, as Column Zero, shall each adopt a number designation by which they each are to be identified, number 1 through 12.
Section 6. Every column of the Army of the 12 Monkeys, composed of as many as twelve members, shall give number designations of 1 through 12 to its column members. At any time, if a column exceeds 12 members, and if additional members seek to be added, the existing column may split into two columns in order to accommodate membership beyond twelve members. In such an event, the second column to be formed shall be autonomous and independent from the first. Additionally, members of existing columns may serve as advisors or consultants to newly forming columns.
Section 7. As there exists no officers, directors, or trustees, the Army of the 12 Monkeys will hold no elections. To the extent possible, operations of each column shall be conducted by consensus rather than by majority vote. Each column will maintain the degree of autonomy and freedom of action that the members of that column determine to be appropriate. Each column will operate autonomously.
Section 8. Each column of the Army of the 12 Monkeys shall be responsible for determining its own rules and regulations as well as its methods for adopting the constitution and bylaws. Each column at its inception may communicate its affiliation with Column Zero via electronic communication to an email address that will be provided online, and may seek recognition and a column number designation.

ARTICLE II. PRINCIPLES AND PURPOSE.

Section 1. “Voluntary Association” is a guiding principle of the Army of the 12 Monkeys and its direct action campaigns. Relationships are not based upon coercion, force, or compulsion, but are based upon voluntary and willing interaction.

Section 2. “Mutual Aid” is a guiding principle for the Army of the 12 Monkeys and its direct action campaigns. Members participate in collective action for mutual gain and mutual benefit.
Section 3. “Direct Action” is a guiding principle for the Army of the 12 Monkeys and its direct action campaigns. All members have a duty to themselves and their own survival, as well as to the survival of all life on the planet, to meet their own needs and secure their own ends through actions that are not mediated.

ARTICLE III. AUTHORIZED AGENT.

Section 1. For purposes of conducting business in the State of Ohio, the Army of the 12 Monkeys shall appoint an authorized agent as defined in Ohio Revised Code Section 1745.13. The authorized agent shall be a founding member of Column Zero.
Section 2. The appointment of a member as an authorized agent must be voluntary and must be accepted by the prospective authorized agent.
Section 3. The authorized agent shall perform the function of his or her position in accordance with Ohio Revised Code Section 1745.13.

ARTICLE IV. RATIFICATION OF CONSTITUTION.

Section 1. Upon the signatures of two or more members joined by mutual consent pursuant to agreement, ratifying this Constitution, the Army of the 12 Monkeys shall be constituted as an unincorporated association pursuant to Ohio Revised Code Section 1745.
Section 2. Upon proper ratification of this Constitution as described in Section 1, above, this Constitution shall be filed with the Office of the Secretary of State for the State of Ohio, along with the Name Registration of the Army of the 12 Monkeys and the Agent Notification Form for the appointed Authorized Agent of the Army of the 12 Monkeys.

CONCLUSION.

WHEREFORE, we, the undersigned, affix our signatures for purposes of ratifying the Constitution of the Army of the 12 Monkeys as an unincorporated association with all rights, powers, privileges, and duties assigned to it under law, pursuant to Ohio Revised Code Section 1745, and we do so without threat, coercion, or promise of remuneration, of our own free will and voluntary consent.

[Signature]
Sean Swain
Prison Reg. A243-205
P.O. Box 788
Mansfield, Ohio 44901
MONKEY #4
Date: 01 Mar 13

[Signature]
Shawn Marshall
Prison Reg. A412-224
P.O. Box 788
Mansfield, Ohio 44901
MONKEY #10
Date: 3/3/13

[Signature]
Les Dillon
Prison Reg. A416-607
P.O. Box 788
Mansfield, Ohio 44901
MONKEY #9
Date: 3/2/13

[Signature]
James Dzelajlija
Prison Reg. A530-144
P.O. Box 788
Mansfield, Ohio 44901
MONKEY #12
Date: 3/1/13

Authorized Agent:

[Signature]
Sean Swain
MONKEY #4
Date: 01 Mar 13

* * *

AN EXPLANATION OF THE SIGNIFICANCE OF THE CONSTITUTION OF THE ARMY OF THE 12 MONKEYS AND THE GROUP’S VISION FOR THE FUTURE OF GLOBAL RESISTANCE
In 2012, a rebellion at Mansfield Correctional Institution in Mansfield, Ohio, was attributed to a resistance group calling itself “The Army of the 12 Monkeys.” The FBI was on site within two weeks, rounding up and even torturing those prisoners suspected of having orchestrated the uprising. After months of continuing resistance activity, the total cost to the prison was in the hundreds of thousands of dollars.
The materials attributed to the Army of the 12 Monkeys, including their organizing and resistance manuals, can still be found online at links from anarchistnews.org and seanswain.org.
So, the question naturally arises: Why would a resistance group register as a non-profit and seek protections as an “animal enterprise” under U.S. law?
Consider what the Constitution of the Army of the 12 Monkeys actually says:

“WHEREFORE, as the hierarchical ordering of human society based principally upon mass production has proven to be devastating to all life on the planet,
“AND WHEREFORE, an alternative means for maintaining all life on the planet is now necessary…”

This preamble sets the tone in deliberately ambiguous language. The Army of the 12 Monkeys opposes ” the hierarchical ordering of human society based principally upon mass production” and seeks an “alternative” to this “hierarchical ordering of human society.” Translation: the Army of the 12 Monkeys opposes hierarchy and mass production and is, therefore, anarchist.
This anarchist character of the Army of the 12 Monkeys is further enforced by the fact that all members have “equal rights” and “equal authority” (Art. I, Sec. 1). There are no “officers, directors, or trustees” and “no elections” (Art. I, Sec. 7). Thus, any anarchist anywhere in the world can be a member of the Army of the 12 Monkeys and can establish a “column.”
Consider also the “Principles and Purpose” of the Army of the 12 Monkeys:
“Voluntary Association,” (Art. II, Sec. 1), “Mutual Aid,” (Art. II, Sec. 2), and “Direct Action,” (Art. II, Sec. 3). These loosely-defined principles again define the general framework of any anarchist’s philosophy and the bases of anarchist relationships.
Thus, by this constitutional framework, whether or not they know it, every anarchist on the planet is already a “Monkey.”
And that means that every anarchist in the world who is opposing hierarchy and struggling to establish an “alternative” to the hierarchical ordering of society is doing nothing more or less than performing her or his functions as a member of the Army of the 12 Monkeys. In this way, the Army of the 12 Monkeys becomes a kind of “legitimizing” and “legal” umbrella under which anarchists of any and every stripe can get rebellious. The Anarchist International, Conspiracy of Cells of Fire, and any other anarchist expression can be unified under this idea of the Army of the 12 Monkeys… globally.
Everyone resisting hierarchy everywhere is a “Monkey.”
But there is another component to the Constitution of the Army of the 12 Monkeys, and that is its protections under U.S. law as an animal enterprise.

The Constitution of the Army of the 12 Monkeys sets forth in its preamble:

“AND WHEREFORE, as human beings are “animals” by biological definition…
“BE IT RESOLVED, that the undersigned hereby form the Army of the 12 Monkeys, an ‘animal enterprise’ pursuant to 18 U.S.C.S. Section 43, an ‘academic enterprise’ that ‘uses’ ‘animals’ for ‘research,’ and a ‘lawful competitive animal event,’ as an unincorporated association with all rights and privileges under law as afforded to organizations so formed…”

The reason that the Army of the 12 Monkeys can claim protections as an animal enterprise is that “humans” are “animals” by biological definition. Consider, federal statute does not specify that the “animals” of an “animal enterprise” must be animals “other than human.” So, because humans are homo sapiens sapiens, and because that species is an “animal,” anything using humans in an “academic enterprise” or “uses” humans for “research” and a “lawful competitive event” is, by definition, an “animal enterprise” under federal statute.
The Army of the 12 Monkeys is an “academic enterprise” in that it seeks an “alternative” to hierarchical ordering of human society, an academic pursuit. It “uses” “animals” in “research,” as the Army of the 12 Monkeys seeks to develop a non-hierarchical ordering to society for human “animals.” And it engages in a “lawful competitive event,” as the development of a non-hierarchical structure is “competing” with the hierarchical model.
And why does any of this matter? Well, because “animal enterprises” have special protections under U.S. law. Anyone “interfering” with an “animal enterprise” is a committing a federal felony with a twenty-year terrorism specification. So, anyone “interfering” with you as a member of the Army of the 12 Monkeys, conducting your “research” and your “lawful competitive event” in establishing a non-hierarchic model for human society, is engaged in an act of terrorism.
Any interference with your conduct as a member of the army of the 12 Monkeys is an act of terrorism, whether committed by a bank manager or a corporate executive or police attempting to “kettle” you against your will. Your conduct as a member of an animal enterprise provides you federal protections.
Finally, it should be noted that the Army of the 12 Monkeys is registered in the State of Ohio and that the Constitution of the State of Ohio, in Article I, Section 2, provides the people the right to “abolish the government.” Thus, anyone who is a member of the Army of the 12 Monkeys and is seeking an “alternative” to the “hierarchical ordering of society” and is therefore acting to “abolish” the “government” is acting in a way that is perfectly legal. Any effort to “interfere” with members of the Army of the 12 Monkeys in their struggle to “abolish” the government is interfering with an animal enterprise that is registered and recognized by the State of Ohio and protected by federal statute.
So, what does all of this mean? What is the significance?
The Army of the 12 Monkeys is, above all else, an idea. It is a method of resistance and rebellion that essentially embraces every method of resistance and rebellion, advocating the toppling of the current order. It is not legitimate because it has paperwork filed with a government office, as all resistance and rebellion is always legitimate and all government offices are always illegitimate. The Army of the 12 Monkeys is a unifying concept to which every anarchist involved in resistance and rebellion may subscribe, one that presents resistance and rebellion and the social structures that take shape in that resistance and rebellion as the necessary alternative for preserving life on the planet.
Its registration and recognition as an animal enterprise and as a non-profit simply creates a legal and judicial problem for hierarch authorities of any variety attempting to pursue anyone affiliated with the Army of the 12 Monkeys for acting consistent with the Army of the 12 Monkeys’ principles and purpose. In the least, invoking Army of the 12 Monkeys’ membership creates a confusing dilemma for any jury considering those criminally charged and, at best, it turns activities that may otherwise be illegal into activities that are, technically, legal because they were performed under the aegis of a registered animal enterprise, consistent with the stated purpose of that animal enterprise– developing a non-hierarchic human society.
We are everywhere.
We are growing.
Form your local column of the Army of the 12 Monkeys today.

* * *
Sean Swain
DOC #A243-205

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