States Must Be Regulated Too: Meet the Constitutional Order Institute

Peace requires more than elections—and governments must be audited like nonprofits.

At its core, state is a nonprofit organization—a legal trust created to deliver public goods. Like all nonprofit entities, it is supposed to operate under fiduciary principles, guided not by profit motives or personal enrichment, but by a singular obligation: to serve the public interest.

Unlike corporations that serve shareholders, or private charities that depend on donors, the state is funded through involuntary contributions—taxation. Its citizens are not mere clients or customers; they are the stakeholders and rightful beneficiaries of its operations. Under this frame, public officials—from lawmakers to judges—are not rulers or entrepreneurs. They are trustees, custodians of a moral and legal mandate.

And yet, most modern states operate without any enforceable oversight akin to that which governs even the smallest nonprofits. In the United States, for example, religious institutions and educational foundations are subject to annual scrutiny by the Internal Revenue Service (IRS). They must disclose financial statements, refrain from political entanglements, and prove that no undue benefit flows to insiders. If these standards are violated, tax-exempt status can be revoked.

In contrast, no such regime exists to evaluate or discipline the state itself, despite its far greater power and reach. Absent oversight, nonprofit organizations—including governments—tend to drift toward for-profit behavior: where decisions are made to benefit the powerful, where public offices are monetized or inherited, and where laws are designed to protect political incumbents rather than constitutional principles.

This structural void has profound consequences. Without external enforcement, the distinction between a government and a cartel becomes thin, and the boundary between law and organized power collapses.

Indeed, as Plato warned in The Republic (417a-b), “Whenever they [decision-makers]’ll possess private land, houses, and currency, they’ll be householders and farmers instead of guardians, and they’ll become masters and enemies instead of allies of the other citizens.” The lesson? When trustees become proprietors, the polity becomes a business—and the public, its collateral.

To address this vacuum, the Constitutional Order Institute (COI) is established as an independent, global watchdog committed to monitoring, diagnosing, and intervening in cases of systemic governance failure. It rests on a simple but neglected premise: oversight is a safeguard for the public trust—not an infringement on sovereignty of the state.

Democracy Without Oversight: Why the Ballot Is Not Enough

The dominant belief in international and domestic policy is that electoral democracy is sufficient. That periodic voting—by itself—secures accountability, ensures representation, and preserves peace.

This belief is increasingly untenable.

Elections, while essential, are not a cure-all. They often mask dysfunction rather than correct it. In many countries, ballots are captured by dynastic parties, manipulated through gerrymandering, or dominated by media cartels and campaign financing machines. Authoritarian populists ascend through legal elections. Ethnic majoritarianism is often laundered as democracy. Once in power, elected officials use the legal apparatus to insulate themselves from scrutiny, criminalize dissent, and erode the very institutions meant to check them.

Moreover, elections do not audit the content of laws. Voters cannot easily repeal toxic statutes. They cannot decertify abusive courts or restructure corrupt police forces. And they certainly cannot demand accountability from actors like generals, bureaucrats, or religious authorities who operate beyond the reach of the ballot.

As James Madison warned in The Federalist No. 51:
“If angels were to govern men, neither external nor internal controls on government would be necessary… Experience has taught mankind the necessity of auxiliary precautions.” Elections are one such precaution. Oversight is another.

In short, democracy is a process. Oversight is a structure. One without the other breeds pathology.

The Purpose and Philosophy of the Constitutional Order Institute

The Constitutional Order Institute is created to function as a global regulatory body for states—not to govern them, but to evaluate and enforce standards that protect constitutional integrity and public health. It treats the state as a complex organism composed of legal organs (institutions), fueled by political metabolism (laws), and expected to maintain a healthy relationship with its citizens.

Its founding rests on a methodological shift: the medical approach to peace.

Instead of treating peace as the absence of war or the product of diplomacy, this approach treats peace as the normal physiological condition of a well-structured political organism. Conflict, repression, and authoritarianism are not mysterious or inevitable—they are symptoms of deeper dysfunctions within the state’s internal design: faulty constitutions, monopolized power centers, unchecked agencies, or ideological infection.

Like a hospital identifies disease, the COI identifies pathogenic actors, laws, and institutions—and prescribes reform, transparency, and when necessary, sanctions.

Core Areas of Work

The Institute’s work is organized across four strategic pillars:

1. Institutional Audits and Certification

A state’s legitimacy is not a metaphysical truth. It is measurable through the functionality of its organs. The COI conducts audits of parliaments, courts, political parties, and civil services to assess whether they operate in line with constitutional mandates, democratic principles, and fiduciary obligations. Certification will be granted—or denied—based on performance, not political alignment.

2. Toxic Law Indexing

Laws, like medicine, must be assessed for dosage, purpose, and side effects. The Institute compiles a global registry of harmful laws: statutes that criminalize identity, shield elites, suppress speech, or enshrine inequality. These include theocratic laws, moral policing provisions, military immunity clauses, and instruments of ethnic, religious, or ideological repression.

As Thomas Paine noted in Rights of Man:
“A constitution is not the act of a government, but of a people constituting a government… A constitution is a thing antecedent to a government; and a government is only the creature of a constitution.”

Toxic laws reverse this logic—they allow governments to mutate the constitutions they are supposed to obey.

3. Global Registry of Political Actors and Institutions

Currently under construction, this database will catalog institutions, laws, and individuals that consistently operate against the public interest. This includes family-run political parties, unelected religious authorities with veto power over legislation, and judges with repeated records of politically motivated rulings. The registry is not designed to shame, but to inform. It will empower reformers, journalists, diplomats, and citizens with verifiable information.

4. Public Education Through the Medical Approach

Civic literacy must evolve. Voters and policymakers alike often lack the frameworks to distinguish between form and function, between electioneering and governance. The COI aims to educate through writings, curricula, and public discourse that demystify the anatomy of the state. It equips individuals with tools to ask: Is this law therapeutic or toxic? Is this institution functional or captured? Is this actor a trustee or a profiteer?

Oversight and Escalation Mechanisms

The COI operates through a graduated process:

  • Diagnosis: A problem is identified through citizen alerts, journalistic exposure, or in-house monitoring.
  • Mediation: Affected actors—such as governments, parties, or institutions—are given the opportunity to respond, reform, or clarify.
  • Escalation: If mediation fails, public reports are issued and certification status is updated. In select cases, the Institute may recommend consequences such as:
    • Travel bans or visa denials for chronic abusers
    • Exclusion from international forums
    • Freezing of assets or revocation of citizenships in jurisdictions that host ill-gotten gains
    • Public decertification of institutions that no longer serve constitutional functions

This model seeks deterrence through transparency, not coercion through force. It introduces reputational costs for governments and officials who violate the public trust.

Contribution to Peace and Global Order

The dominant institutions of the post-WWII order—like the United Nations—have proven structurally incapable of regulating state behavior. The concept of sovereign equality has become a shield for impunity, allowing authoritarian regimes to violate constitutions, suppress populations, and wage war while remaining full members of the international community.

The Constitutional Order Institute offers an alternative vision: peace through institutional health.

Rather than waiting for war to erupt or humanitarian crises to reach television screens, it seeks to identify the precursors of collapse: dysfunctional legislatures, captured courts, rogue executives, and lawless security sectors. It then prescribes reforms aimed at restoring balance—through law, not through interventionism.

As Hannah Arendt observed in The Origins of Totalitarianism:
“The most radical revolutionary will become a conservative the day after the revolution.”
This underscores the need for external accountability beyond regime change. Revolutions may refresh mandates, but only oversight preserves integrity.

A New Standard for Legitimacy

Going forward, legitimacy must no longer be judged by flags or ballot boxes alone. It must be earned—through transparent governance, lawful conduct, and accountable design. Just as no hospital, charity, or educational institution can operate without oversight, no government should be exempt from external review.

The Constitutional Order Institute exists to make this principle real.

Its mission is not to supplant the state, but to clarify its obligations. Not to centralize power, but to expose where it has been abused. And not to issue commands, but to create a world where accountability is the minimum expectation—not an afterthought.