Post by Kronprinzessin on Jun 10, 2019 5:57:59 GMT -5
The Constitution of the Union of Democratic States
Ratified on the 2nd of February in the year 2020
Amended on the 3rd of July in the year 2020
Amended on the 3rd of July in the year 2020
PREAMBLE
The People of the Union of Democratic States, to withstand the challenges that may confront us, hereby found a republic in which all nations shall be free to express their political beliefs, be treated justly and fairly as guaranteed by an impartial legal system, and be protected by a regional militia that shall serve to safeguard their rights and freedoms, hereby establish this Constitution.
ARTICLE 1 – FUNDAMENTAL RIGHTS
1. All citizens shall enjoy the right to freedom of speech, press, assembly, and petition. Freedom of speech, is defined as the right to articulate one’s opinions and ideas without fear of prosecution. Freedom of the press, is defined as the right to use media to disseminate speech, ideas and opinions without fear of government reprisal or censorship. Freedom to petition, is defined as the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisal. Freedom of assembly, is defined as the right or ability of the people to come together and collectively express, promote, and defend their ideas without fear of harm or prosecution.
2. The right of the People to vote in a confidential ballot shall not be infringed. Ballot information may not be released to any person not directly involved in the administering of the ballot. The government shall not infringe upon the right of citizens to run and hold office unless for reasons criminal in nature, as specified by law.
3. No resident shall be impeded from the citizenship process unless they have been declared Persona Non Grata or are serving a criminal sentence which includes banishment. No player may have two or more citizen nations in the Union at any one time.
4. All citizens shall enjoy the right to a fair and speedy trial for crimes alleged against them. No citizen shall be subject to trial more than once for the same crime except when new and compelling evidence is discovered. No citizen may be withheld of evidence in favor of their case. No citizen shall be held guilty for an act which did not constitute a criminal offence at the time it was committed.
5. No resident shall be subject to discrimination nor special treatment of any kind by the government.
ARTICLE 2 – THE PEOPLE AND THEIR GOVERNMENT
Section 1: General Provisions
1. The People are defined as all current citizens of the region. Residents are defined as all players who reside within the region. Citizens are defined as residents who have obtained citizenship.
Section 2: Public Offices
1. Only the People may participate as voters in an election.
2. Service in or as a candidate for any public office shall require citizenship.
3. Primary public offices, defined as the President, Vice President, Attorney General, Senator, Chairperson of the General Assembly, and Justice of the Supreme Court, shall be mutually exclusive.
4. No person may hold a public office in which the term lasts four months or more for more than two consecutive terms. No person may hold a public office in which the term lasts fewer than four months for more than three consecutive terms with the exception of Justices of the Supreme Court.
5. After ten days of unannounced inactivity any public office shall be considered vacant, afterwhich an election shall be conducted.
Section 3: The Forum
1. An offsite forum shall be the seat of the government, containing all official government records and documentation.
ARTICLE 3 – THE EXECUTIVE
Section 1: The Cabinet
1. The Cabinet is the primary body of the executive branch of government.
2. The Cabinet shall be chaired by the President, managed by the Vice President, and attended by all primary officers of the executive branch of government as determined by the President, including all ministers.
3. The Cabinet shall strive to advise the President on all pertinent matters.
Section 2: The Presidency
1. The power to execute the law on behalf of the People shall be vested in a President.
2. The President is elected every four months, alongside their Vice President under a joint ticket, in a two day election that shall conclude at the end of February, June, and October, and shall be sworn in on the first day of March, July, and November.
3. The President is the leader of the Executive branch of government, Chair of the Cabinet, Chief Diplomat, Chief Law Enforcer and Prosecutor of Crimes, Chief Immigration Officer, and Commander in Chief of the Armed Forces.
4. The Vice President shall serve at the pleasure of the President and shall manage the Cabinet. Should the President dismiss the Vice President, or should the position of Vice President become vacant, the President may appoint a new Vice President.
5. For reasons not criminal in nature, a motion to remove the President may be introduced in the Senate. Following an appropriate debate period, the Senate shall hold a four-fifths vote of approval. If approved by the Senate, the motion shall be delivered to the General Assembly for consideration. Following an appropriate debate period, the General Assembly shall hold a three-fourths vote of approval. Upon approval from both houses, the motion to remove the President shall be in effect.
6. IIf the office of the President becomes vacant, the Vice President shall succeed the President. Anyone assuming the Presidency outside a Presidential election shall be subject to a confirmation motion by the Senate. Should the Senate fail to confirm the President, a special Presidential election shall be conducted forthwith.
7. The President may create ministries that bear authority over a defined section of regional management pursuant to regional law.
8. The President may nominate potential Ministers to the Senate.
9. The President may delegate their authority to Ministers who shall administer the role of the executive branch of government either as Ministers with portfolio, who oversee specific Ministries, or as Ministers without portfolio.
10. The President may issue directives as to how the law is to be executed.
11. The President shall wholly delegate their prosecutorial duty to an Attorney General who shall act as the Government's chief prosecutor. The Attorney General is the Minister of Justice and is subject to approval by the Senate. The Attorney General shall submit to the President a recommendation evaluating whether to sign or veto every motion which is submitted to them. Except for reasons criminal in nature, no Attorney General may be dismissed during a timely prosecution of the Executive branch or any member of the Executive branch.
12. The President shall process and grant or deny applications for citizenship and diplomatic status according to the law. The President may declare any player not holding citizenship Persona Non Grata. Such declarations may be nullified by a nullification motion passed by a four-fifths majority vote by the Senate, followed by a three-fourths majority vote by the General Assembly.
ARTICLE 4 – THE LEGISLATURE
Section 1: General Provisions
1. Legislative power shall be vested in a legislature which shall consist of a Senate and a General Assembly.
2. Each house may determine the rules of its proceedings and may, by a procedural motion passed by a two thirds majority, discipline or expel a member for violating these rules.
3. All official proceedings of the legislature must be publicly posted, excluding matters of regional security and matters pertaining to the Executive branch of government as suggested by the President and defined by the Speaker.
4. The legislature shall be in session between the first day of February, April, June, August, October, and December, and the third to last day of January, March, May, July, September, and November
5. Any member of the legislature, in good standing with their house and not serving a criminal sentence may draft, sponsor, introduce, debate and vote on motions in their house.
Section 2: Motions
1. A motion is an instrument of the legislature or of a house thereof which requires, at minimum, a majority vote to exercise authority.
2. An internal motion is a motion which affects solely, or is limited to the proceedings or role of one house.
3. A resolution is an internal motion which governs the procedures of the house and amends or repeals the same.
4. A procedural motion is an internal motion, provided by a statute or resolution, that can enact a specific effect related to a matter of procedure including discipline.
5. A confirmation motion is an internal motion exercised exclusively by the Senate, except in the case of a motion to confirm a Chancellor, which confirms a nominee for a public office, following nomination except in the cases of Presidential succession and Justice re-confirmation.
6. An external motion is a motion which enacts, amends, or repeals a statute or this document, ratifies agreements between the Union and another party, or exercises the authority of the Legislature as a whole.
7. A bill is an external motion which enacts, amends, or repeals a statute or this document, or ratifies agreements between the Union and another party.
8. A removal motion is an external motion to remove the President for reasons not criminal in nature or a Chancellor for reasons criminal in nature.
9. A nullification motion is an external motion which nullifies a Persona Non Grata declaration by the President.
Section 3: The Senate
1. The Senate is the upper house of the Legislature.
2. The Senate is comprised of five Senators who are elected every two months in a two day election that shall conclude at the end of January, March, May, July, September, and November, and shall be sworn in on the first day of February, April, June, August, October, and December.
3. A Senator may delegate their authority to a Senate Substitute who shall act on their behalf for a maximum of fifteen days of announced inactivity, afterwhich the seat shall be considered vacant.
4. The Senate shall elect, from among their number, a Speaker who shall preside over and guide debate, administer votes, and break ties. Should a vote of the Senate result in a tie, the Speaker shall cast an additional vote in favor of the status quo. The Speaker is not forbidden from taking part in debate and voting on motions.
5. Confirmation motions shall be preceded by a hearing of the nominee by the Senate.
6. Any vote of the Senate must be preceded by an appropriate debate period.
Section 4: The General Assembly
1. The General Assembly shall comprise of all citizens except those enrolled in the Senate. As a member of the General Assembly, the President may draft, sponsor, introduce, and debate motions, however, the President is forbidden from voting on motions.
2. The General Assembly shall elect, from among their number, a Chairperson who shall preside over and guide debate, administer votes, and break ties. Should a vote of the People’s Assembly result in a tie, the Chairperson shall cast an additional vote in favor of the status quo. The Chairperson is not forbidden from taking part in debate and voting on motions. The Chairperson is elected every four months in a two day election that shall conclude at the end of January, May, and September, and shall be sworn in by the most senior Justice available on the first day of February, June, and October.
3. The Chairperson may delegate their authority to a Deputy Chairperson who shall act on their behalf during announced inactivity.
4. Any vote of the General Assembly shall only be considered binding if a quorum of no less than three votes is met.
5. Any vote of the General Assembly must be preceded by an appropriate debate period.
Section 5: The Legislative Process
1. Following introduction, a bill shall be granted an appropriate debate period, during which amendments may be made. Upon the conclusion of the debate period, the bill shall be subject to a majority vote of approval. If approved, the bill shall be delivered to the opposite house.
2. Upon delivery to the opposite house, a bill shall be granted an appropriate debate period, during which amendments may be made. Should the opposite house be the General Assembly, a two-thirds majority shall be required to approve amendments to the bill. Upon the conclusion of the debate period, the bill shall be subject to a majority vote of approval. If approved with amendments, the bill shall be returned to the house of origin. If approved without amendments, the bill shall be delivered to the President for their consideration.
3. Upon return to the house of origin, a bill shall be granted an appropriate debate period. Upon the conclusion of the debate period, the bill shall be subject to a majority vote of approval. If approved, the bill shall be delivered to the President for their consideration.
4. Upon approval from both houses, a bill shall be presented to the President by the presiding officer of the House which finally approves the bill. If the President approves the bill they shall sign it into law. If the President does not approve the bill they shall veto the bill stating their objections. If the President has neither signed nor vetoed the bill within 5 days following its presentation, it shall become law. Should the legislative session end whilst the President is considering a bill, the bill shall be considered vetoed.
5. Should a Senator choose to contest a veto of the President, a vetoed bill shall be granted an appropriate debate period, during which both the billand the President’s objections shall be reviewed. Upon the conclusion of the debate period, the bill shall be subject to a four-fifths vote of approval. If approved, the bill shall be delivered to the General Assembly.
6. Upon delivery to the General Assembly, a vetoed bill shall be granted an appropriate debate period, during which both the bill and the President’s objections shall be reviewed. Upon conclusion of the debate period, the bill shall be subject to a two-thirds vote of approval. If approved, the veto of the President shall be considered overturned and the bill shall be law.
ARTICLE 5 – THE JUDICIARY
1. Judicial power shall be vested in a Supreme Court. The Court shall hold legal jurisdiction on all matters, including criminal and civil law as well as the interpretation of all legally enforceable documents.
2. The Supreme Court is composed of three Justices who are nominated by the President and confirmed by way of confirmation motion by the Senate. Justices shall be subject to re-confirmation by way of confirmation motions at the end of the months of April, August, and December.
3. Justices shall elect, from among their number, a Chief Justice, who shall serve as the head of the Supreme Court. The Chief Justice shall preside over debate, oversee trials, swear in elected officials, and publish reports. The Chief Justice may delegate their authority to an Associate Justice.
4. The Supreme Court shall rule on cases based upon this document, subsequent law, ratified documents, and evident guiding principles.
5. Whenever a Justice has a personal or political conflict with a particular case, the Justice must recuse themselves from the case. The Chief Justice may force a Justice to recuse themselves. The other Justices, in agreement with each other, may force the Chief Justice to do the same.
6. The Supreme Court shall, following a case, have the power to rule a prior action of government or law as unconstitutional and annul it.
7. If asked by citizens, the Supreme Court may clarify provisions in a law or in the constitution, these shall have no legal effect in themselves; but may be used as justification in legal arguments and in legal decisions.
8. During a case, the overseeing Justice may issue Warrants which shall allow for the collection of private information.
ARTICLE 6 – THE CHANCELLERY
1. The power to maintain the institutions of government on behalf of the People shall be vested in the Office of the Chancellor.
2. By virtue of being the Founder and the first citizen of the region, The Noble Thatcherites shall hold a seat in the Office of the Chancellor, until such a time as his resignation or removal from office.
3. By virtue of being the second longest enrolled citizen of the region, Khevo shall hold a seat in the Office of the Chancellor, until such a time as his resignation or removal from office.
4. A Chancellor may only be removed from office for reasons criminal in nature. Upon conviction by the Supreme Court, a motion to remove a Chancellor may be introduced in the Senate. Following an appropriate debate period, the Senate shall hold a four-fifths vote of approval. If approved by the Senate, the motion shall be given to the General Assembly for consideration. Following an appropriate debate period, the General Assembly shall hold a three-fourths vote of approval. Upon approval from both houses, a motion to remove a Chancellor shall be considered in effect.
5. Should a seat in the Office of the Chancellor become vacant, the remaining Chancellor shall nominate a replacement to the Senate. After an appropriate debate period, the confirmation motion shall then be subject to a four-fifths majority vote of the Senate. If approved by the Senate, the confirmation motion shall then be subject to a three-fourths majority vote of the General Assembly, following an appropriate debate period. Upon approval from both the Senate and the General Assembly, a confirmation motion shall then be subject to a majority vote of approval by the Supreme Court, following an appropriate debate period. Following confirmation, a Chancellor shall be sworn in by the most senior Justice available.
6. The Office of the Chancellor shall be responsible for administering elections pursuant to regional law and appointing the World Assembly Delegate. Following an election, the Office of the Chancellor shall present a report to the People detailing the results of the election. No Chancellor may serve as a candidate in an election that they are administering.
7. The Chancellors may delegate their authority to Deputy Chancellors.
ARTICLE 7 – IMPLEMENTATION, AMENDATION, SUPREMACY, AND ADMINISTRATION
Section 1: Implementation
1. This document shall be considered in effect should a majority vote of the People ratify it.
2. Upon ratification of this document, all public offices, except those established under article VI, shall be considered vacant, and all previous laws, except those ratifying treaties, shall be considered null. Any other unspecified document that was passed and published before the ratification of the Constitution shall equally be considered null and void.
Section 2: Amendation
1. Following introduction in the Senate, a motion to amend or repeal this document or repeal a motion to amend this document shall follow the legislative process, requiring four-fifths majority approval of the Senate and three-fourths majority approval of the General Assembly.
Section 3: Supremacy
1. This Constitution is the supreme legal authority of the Union of Democratic States, no other law shall contravene it.
Section 4: Administration
1. The administrative team exists outside the bounds of regional law and is not to be limited by the same in fulfilling their administrative duties.