Constitution for a Concept State

Preamble

For the purposes of creating a robust state that in all times shall uphold the principles of liberty, independence, openness, democracy, tolerance, the rule of law, egalitarian treatment, consensus, peace, and prosperity for all, this Constitution shall herein be adopted and respected to the letter as the supreme law to be held sacrosanct to all other law.

Article I - Fundamental Rights

Basic rights of all persons within the borders of this nation are incontrovertible and will not be infringed upon. Such rights will not be deprived of people by amendment or by any government official in any branch of government at all levels of government. In the event that any one of these rights has been violated, recourse may be sought in court.

The Basic Rights enumerated are not an exhaustive list of rights held by the people and shall not be construed to limit or take away the natural rights of the people; anything that can be exercised freely without inflicting harm on others is protected.

The Basic Rights are as follows:

  1. All persons will be treated equally before the law and be free of discrimination
    • People will be treated equally under the law and free of discrimination regardless of biological sex, gender identity, sexual orientation, race, ethnicity, origin, location, religious beliefs/lack thereof, political opinions, and disabilities
  2. The free practice of and from religion and/or creed will not be interrupted by the state. In keeping with this, no law respecting the establishment of a religion shall be made
  3. The free expression of ideas, opinions, and thoughts through various mediums such as but not limited to speech, writings, the press, petition, peaceful assembly, and artwork.
    • Limitations placed on the exercise of this right are solely limited to the incitement of violence, targeted harassment of a person, defamation, and false advertising.
    • Only human beings are granted such rights; legal personhood vested upon corporations, unions, or any other entity does not confer the right of expression to them owner consent.
    • Protects freedom from compulsion to adhere to particular beliefs and protection against imposition of such beliefs through law.
    • Civil servants waive this right with respect to public promulgation of political support for a certain party or faction per their oath of political neutrality, but no further.
  4. Research and science will not be restricted insofar as it doesn’t infringe upon any provision in this Constitution
  5. Freedom from slavery, indentured servitude, and forced labor. Forced labor may be permitted in prisons, but prisoners will be fairly compensated in such cases.
  6. Freedom from inhumane punishment and torture.
  7. The right to privacy in one’s personal affairs, home, correspondence, papers, and telecommunications will not be infringed. Searches and seizures will only be permitted by court warrant for the purposes of:
    • Protecting the rights and freedoms of others as elucidated in this Constitution
    • Prevention of crime
    • Public safety
    • National security
  8. The freedom to associate with organizations and found organizations as long as such organizations don’t contravene the law as well as the freedom from association.
  9. The freedom of movement across the nation, which will not be impeded by the National Government, Provinces, Districts, or Cities. The restriction of, but not prevention of this freedom may be used in the event of an epidemic or nationwide state of emergency.
  10. The protection against deprivation of citizenship.
  11. The protection against extradition to a foreign nation.
  12. The right to bear arms. The Provinces and Cities may enact legislation regulating this freedom, but aren’t permitted to prevent the exercise of this right by the people.
  13. The right of those charged with a criminal offense to enjoy:
    • A fair, expedient, public trial by impartial jury in the Province where the alleged crime was committed
    • The notification of the accusation and it’s nature and cause
    • The presumption of innocence
    • The right not to self-incriminate oneself
    • The freedom to be exempt from retroactive incrimination: no person will be charged with a crime if it was committed when the act in question wasn’t criminal
    • The freedom to have one’s record expunged and be subsequently released if in jail for a crime that is no longer on the law books
    • Access to legal representation, which will be provided free of charge in the event the accused cannot afford to pay for legal counsel
    • Access to an interpreter in the event that the accused cannot understand the language in use by the court they’re in attendance of
    • The examination of witnesses against them as well as the requisition of witnesses on their own behalf
  14. The right to property and inheritance which will be regulated by the National Government, Provinces, and Cities in the respective domains in which they’re granted power.
  15. Protection against eminent domain of property in all cases except those where there is a demonstrable public use case, in which case the owner will be compensated at market value. Demonstrable public use exists when one of the following conditions have been met:
    • The affected party is given prior notice
    • The acquired property is transferred to government ownership and control
    • The general public is given legal right to access or utilize the good
    • The authority in question provides a preponderance of evidence that eminent domain is necessary to protect against a substantial public health or public safety threat
  16. The right to life of all born persons.
  17. The freedom to enter any occupation and place of education, which may be regulated to the extent that it doesn’t impede an individual’s right to enjoy these freedoms.
  18. Persons under arrest will be informed of their rights.
  19. Universal Suffrage for all citizens of the nation.
  20. No citizen will be deprived of any of these rights at a border crossing.
  21. Protection against arbitrary arrest and the deprivation of any of these rights without the due process of law.

Article II - The Union Legislature

To carry out the duties necessary of a national government, a bicameral legislature will be conferred the legislative powers enumerated in this constitution.

Section I - The National Assembly

The National Assembly is the lower chamber of the Union Legislature. It will be comprised of members called delegates who are elected every four years by the people of the Provinces in free, fair, and open elections by secret ballot. The number of seats will be adjusted every 10 years with each Census: the number of seats will always equal the cubed root of the national population multiplied by a factor of 1.25, rounded to the nearest whole number. To vote in National Assembly elections, one must be a citizen of the nation and of at least 18 years of age.

Subsection I - The Electoral System

There will be multi-member constituency with no fewer than 5 seats. These constituencies will be as uniform in size as possible with respect to population and will be compact and composed of contiguous territory, respecting Provincial boundaries. These constituencies will be drawn by an independent districting commission comprised of 15 members who will be appointed by four- fifths concurrence of the justices of the High Court. The constituencies will be redrawn every 10 years with the Census.

The voters of the Provinces will elect their delegates to the National Assembly with the method of reweighted range voting elucidated here:

  1. Voters will score the candidates in their assembly district from 0-9
  2. Each ballot is given an initial weight of 1
  3. The weighted scores are added and the candidate with the highest score is awarded the first seat in the district
  4. All the ballots of the winner are “reweighted” to a new weight: 0.5/(0.5+SUM/9), where SUM is the total of the scores a particular ballot gives to all the winners so far
  5. Steps 3-4 are repeated until all seats in the district have been filled

Subsection II - Exclusive Legislative Powers

The National Assembly is only permitted to legislate on these matters and those which are deemed as concurrent, which are listed below in Article II Section III. The National Assembly is granted exclusive jurisdiction over legislation concerning the following enumerated matters:

  1. Provide common defense, the creation of an Army and Navy, and foreign affairs
  2. Regulating, disciplining, and organizing the militias of the Provinces
  3. Freedom of movement, immigration law, and citizenship rules
  4. Customs and border patrol
  5. The borrowing of money on the public credit of the nation and payment of debts of the nation
  6. The creation, regulation, and any other laws around currency, money, and coinage
  7. Setting a standard of measures, weights, and time
  8. The regulation of trade between the nation and foreign entities, and the imposition of import and export duties
  9. Intellectual property law
  10. Declaring War
  11. The Census and collection of statistics for the purposes of bettering public policy
  12. Laws on explosives (excluding fireworks), radioactive substances, toxic substances, and other hazardous materials
  13. Postal services
  14. Air transit
  15. Cooperation between the National Government, Provinces, Districts, and Cities with respect to
    • Protection of the Constitution
    • Protection against activities that threaten the sovereignty and/or pose a danger to the external interests of the nation
    • Protection of democracy
  16. The time, manner, and other regulations concerning elections pertaining to the National Assembly not already established in this Constitution
  17. Banking and the incorporation of banks as well as stock exchanges
  18. Bankruptcy and insolvency laws
  19. Setting salaries of public officials and other government officers in the national government, which will be indexed to inflation
  20. Unemployment insurance
  21. The establishment of a national pension program
  22. Navigation and shipping
  23. A system of federal taxation that will be applied uniformly across Provinces, Districts, and Cities for raising revenue or imposing Pigouvian taxes regarding functions explicitly enumerated to this body
  24. Impeachment of all federal judges, the president, and any member of the executive or judiciary who has been vested the legal power to act on the behalf of the nation via secret ballot
  25. Healthcare block grants
  26. The creation of executive departments and legislative agencies
  27. Other laws necessary to execute the aforementioned powers

The National Assembly may waive exclusive jurisdiction on a case by case basis under powers 11, 13, 16, 17, 19, and 24 and allow the Provinces to create a law on a defined, specific matter approved by the National Assembly.

Subsection III - Mandatory Duties & Rules

  1. The National Assembly must meet at least once annually. Immediately following an election, this shall be 21 days from the election. In non-election years, this day shall be chosen by the National Assembly.
  2. They shall remain in session for no more and no less than 4 years from the first meeting after an election.
  3. The first order of business shall be electing a Speaker the Assembly, and as often as the office of Speaker becomes vacant the National Assembly shall again choose a member to be the Speaker. In their absence, the National Assembly may choose a different member to carry out the duties of Speaker in their absence. In the event of the Speaker vacating their seat, the Assembly shall vote for a new Speaker as soon as possible.
  4. The second order of business shall be selecting their respective officers.
  5. A quorum of a majority of members present shall be necessary for the National Assembly to have a meeting of the Assembly to exercise the powers granted here in this Constitution.
  6. The National Assembly may determine the rules of its proceedings, punish its members for disorderly behavior, and expel a member with a vote of two-thirds concurrence.
  7. The only bills that shall not be sent to the president are those pertaining to National Assembly’s own procedures and the election of the president.
  8. Unless otherwise specified, any question in the National Assembly shall be determined by a majority vote. The Speaker shall abstain from voting, except in the case of a tied vote.
  9. Votes of impeachment shall require two-thirds concurrence.
  10. The National Assembly shall keep a public ledger of their proceedings, but may redact proceedings that are deemed to be confidential for the purposes of national security. These must contain the yes and no votes of each member except when the matter is redacted or secret ballot is required by this constitution.
  11. Secret ballot may only apply where called by in this Constitution.
  12. The Speaker of the Assembly shall not use their power to ostracize a particular political group and will act fairly and impartially to all Delegates of the National Assembly
  13. The National Assembly may not delegate their legislative power to any other branch of government.

Subsection IV - Compensation

All delegates to the National Assembly will receive pecuniary compensation from the Treasury of the nation at a level set by the National Assembly. No delegate may receive any other form of compensation direct or indirect during their tenure in office. This includes, but is not limited to capital gains on asset holdings, pensions, and wages from other employers.

When a delegate is sworn into office, they will be required to place any assets they have in a blind trust during the duration of their tenure. The composition of their holdings shall be made available to the public before having transferred the assets to the blind trust. They will be prohibited from withdrawing any funds from this trust until they have left office.

Subsection V - Vacancies

In the event of a premature vacancy of a Delegate, a writ of election will be issued by the Speaker and said election will be held within 6 months of the date of the vacancy to fill that slot via standard range voting in the district the former member represented. A vacancy arises when a delegate hasn’t appeared in the National Assembly for 40 consecutive days of a legislative session without having an excuse granted by the National Assembly, a resignation, or a disqualification.

Subsection VI - Qualifications of Delegates

To stand for election, one must be:

  • A citizen of the nation for at least 5 years
  • At least 21 years of age
  • Reside in the legislative district they’re running in

Any one of the following shall immediately disqualify any candidate running for and any delegate of the National Assembly:

  1. A citizen of a foreign nation or is under the obedience, guidance, or direction of any foreign nation
  2. Convicted of treason or a violent crime of felony or greater in a court of law during their tenure or within 24 months of running for office for new candidates
  3. Receive direct or indirect compensation outside of their guaranteed pay by the nation’s treasury while holding office as elucidated in Article II Section II Subsection V.
  4. Holds any other public office other than delegate of the National Assembly

Section II - The Provincial Council

The Provincial Council is the upper chamber of the Union Legislature. It will be comprised of Councilors that serve at the pleasure of the Province that appoints them. They are appointed by each Provincial legislature and serve four year terms with no instruction or other bindings by the province they represent. Councilors can only be removed by two-thirds vote of Councilors or by appointing another individual to serve once the current Councilor’s term has expired. Each Province will be allowed to appoint two members to the Provincial Council, and the Provinces will not be deprived of this representation in any way. Each Councilor will have one vote.

Subsection I - Legislative Powers

The Provincial Council’s powers will be constrained to the following enumerated duties:

  1. In matters regarding concurrent powers vested in both the provinces and national government, where preemption is sought by the National Assembly, they will be given suspensive veto
    • A suspensive veto by the Council will require a three-fourths majority in the National Assembly to override
  2. They may propose amendments to bills originating from the National Assembly
  3. Constitutional amendment votes
  4. Votes for the High Court
  5. Presidential pardon approvals

Subsection II - Qualifications of Councilors

Councilors shall be bound to the same qualifications as Delegates of the National Assembly, outlined in Article II Section I Subsection VI, noting the fact that the electoral district is the entire Province for which they will represent. The same Disqualifications shall apply, again, noting that National Assembly be replaced with Provincial Council in item 4.

Subsection III - Mandatory Duties & Rules

  1. The Provincial Council must meet at least once annually
  2. The first order of business shall be electing a President of the Council, and as often as the office of President of the Council becomes vacant the Provincial Council shall again choose a member to take their predecessor’s place. In their absence, the Council may choose a different member to carry out the duties of Speaker in their absence. In the event that they vacate their seat, the Provincial Council shall vote for a new President of the Council as soon as possible.
  3. The second order of business shall be selecting their respective officers.
  4. A quorum of a majority of members present shall be necessary for the Provincial Council to have a meeting of the Council to exercise the powers granted here in this Constitution.
  5. The Provincial Council may determine the rules of its proceedings, punish its members for disorderly behavior, and expel a member with a vote of two-thirds concurrence.
  6. The only bills that shall not be sent to the president that they vote on are those pertaining to Council’s own procedures.
  7. Unless otherwise specified, any question in the Provincial Council shall be determined by a majority vote.
  8. The Provincial Council shall keep a public ledger of their proceedings, but may redact proceedings that are deemed to be confidential for the purposes of national security. These must contain the yes and no votes of each member except when the matter is redacted or secret ballot is required by this constitution.
  9. Secret ballot may only apply where called by in this Constitution.
  10. The Provincial Council may not delegate their legislative power to any other branch of government.

Subsection IV - Vacancies

In the event of a premature vacancy of a Councilor, the Provincial legislature of the Province the Councilor represented will vote to appoint a new Councilor to take their place as soon as possible. This person will serve out the remainder of the term of their predecessor at which point they will face a vote to be confirmed for a full four year term. A vacancy arises when a delegate hasn’t appeared in parliament for 45 consecutive days of a legislative session without having an excuse granted by the Provincial Council or a resignation.

Section III - Concurrent Powers

The National government will share a number of powers with the Provinces. There shall be two types of concurrent powers: those with protected variance and those that may be preempted. In the former, the national government and the Provinces make separate legislation from one another. If it regards a matter of regulation where the National Assembly writes law that directly conflicts with one or more of the Provinces or vice versa, the Province(s) take precedent. In the latter, the default assumption is that Provinces will enjoy the ability to have variance with national law. However, the National Assembly may choose to preempt the Provinces in a particular matter. In this case, both the National Assembly and the Provincial Council must have concurrence in preempting the Provinces by a majority vote.

Subsection I - Concurrent Powers with Protected Variance

  1. Management of water resources
  2. Direct cash payments to human beings
  3. Hunting and fishing
  4. Unconditional fiscal equalization transfers
  5. Employment agencies
  6. The promotion of research and development, the sciences, and the arts.
  7. Relocation subsidies

Subsection II - Concurrent Powers with Preemption

  1. Occupational health and safety
  2. Laws of association and the organization of businesses
  3. The protection of various species of flora and fauna
  4. Anti-trust law
  5. The construction and maintenance of roads as well as the collection of tolls from users of the road way for the purposes of paying for the roads
    • The national government may only levy tolls on interstate roads
  6. Waste disposal
  7. Meteorological services
  8. Combating communicable diseases and pathogens through means of medical supply procurement, vaccine distribution, testing, and contact tracing
  9. Interstate railways
  10. Food products, feed, and protecting crops against pestilence and pests
  11. Mining
  12. The power grid and energy infrastructure where it is interstate.
  13. Heavy industry
  14. Regulation necessary to prevent the introduction, transmission, or spread of communicable diseases.
  15. Air and water pollution

Section IV - Fiscal Apportionment

The Union Legislature shall retain the sole right to determine in which manner and how much money is withdrawn from the Treasury of the nation through appropriation bills it passes. A regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

Section V - Bills

All bills will originate in the National Assembly and may only by introduced on the floor of the National Assembly. If the Provincial Council wants to comment and propose amendments on any legislation they will be permitted to do so without delay. They will be entitled to such a period for a maximum of 4 weeks in the case of powers exclusive to the National Assembly and 6 in matters pertaining to concurrent powers where preemption is sought. This period shall be extended to 8 weeks in the case of a proposed Amendment to this Constitution. In the event of sought preemption, the Provincial Council shall receive the bill without delay after the National Assembly has voted on the matter.

Delegates and Councilors shall enjoy a minimum period of two weeks to review proposed legislation from the time it was introduced on the floor before having to take a vote on the matter. They shall enjoy 3 days for amendments. In both cases, four-fifths concurrence will be necessary to suspend the review time in a particular chamber.

Section VI - Supremacy of Laws

Unless preemption is granted, all laws passed by the National Assembly and/or Provincial Council and treaties ratified shall be supreme law of the land to be respected by all Provinces, Districts, Cities, and Persons residing in the nation.

Article III - The Executive

A Federal Cabinet will possess the executive powers herein granted in this Article and function as both the collective head of government and head of state. The Federal Cabinet will receive compensation from the Treasury determined by the National Assembly. The Federal Cabinet will consist of 9 secretaries, each of whom run an administrative department.

A permanent civil service will run the executive bureaucracy by conducting public administration of the laws enacted by the Union Legislature and the executive decisions of the cabinet secretaries.

Section I - Election

The National Assembly will elect the Federal Cabinet to a four-year term. The largest coalition in the National Assembly will select the Secretary candidates using reweighted-range voting, then send them to the rest of the National Assembly to approve them with an absolute majority vote. The election of the Federal Cabinet will occur during the day the National Assembly is seated for a new term. They may only be dismissed by vote of impeachment or disqualification. If a secretary resigns, dies, or is impeached, the National Assembly will follow the procedure elucidated in Article II Section I Subsection V as well as immediately elect another secretary to fill the vacancy for the remainder of the term using range voting with a secret ballot.

The Secretaries of the Federal Cabinet will take an Oath to defend and uphold this Constitution with the powers vested in them by it.

Section II - Qualifications of the Secretaries

Any Secretary of the Federal Cabinet must be a member of the National Assembly

Any Secretary candidate or Secretary will be automatically disqualified or ejected from office, respectively, if any one of the following conditions is met:

  1. A citizen of a foreign nation or is under the obedience, guidance, or direction of any foreign nation
  2. Convicted of treason or a violent crime of felony or greater in a court of law during their tenure or within 24 months of running for office for new candidates
  3. Receive direct or indirect compensation outside of their guaranteed pay by the nation’s treasury while holding office
  4. Holds any other public office

Section II - Executive Powers

The Federal Cabinet can exercise the following powers and is bound to no more than is enumerated here:

  1. The Commander in Chief of the military who may choose to intervene to protect and defend the nation without immediate legislative approval, with two limitations
    • A specific reason for an intervention must be delivered to the lower chamber
    • 60 days after and initial use of force was called, an automatic vote is triggered in the lower chamber and the Armed Forces will pull back if they don’t declare war
  2. To make treaties with other nations that shall go into force if ratified by a two-thirds majority in the lower chamber
  3. Conduct diplomacy with foreign nations
  4. Appoint judges to the High Court and the lower national courts
  5. Appoint primary cabinet secretaries which shall be approved by the National Assembly and deputy secretaries as specified in Section V
    • If the National Assembly is not in session, the President may make a temporary appointment which shall be subject to an automatic vote when they convene their next session
  6. Execute and carry out the laws passed by the legislature faithfully as written
  7. Issue executive actions pertaining to the organization and management of executive branch resources and staff. This is not to be construed as permitting legislative discretion unless otherwise specified.
  8. Pardon and commutation powers of any individual given three-fifths concurrence of both chambers
  9. Signing and veto power over legislation which can be overruled by the National Assembly with two-thirds concurrence and two-thirds concurrence of both chambers in matters pertaining to concurrent powers when preemption is sought
  10. The ability to carry out emergency powers described in Article III Section III, subject to a renewal vote after the 30 day period has ended. Both the National Assembly and the Provincial Council must concur on renewal and both may concur to terminate a state of emergency at any time.

Section III - Scope of Emergency Powers

The president shall be permitted limited emergency powers regarding the following matters:

  1. Call on the militia(s) of one or more Province to execute the laws, suppress an insurrection or repel an invasion.
  2. Freeze assets, confiscate property, and limit trade with respect to foreign entities that pose a demonstrable and extraordinary threat to the nation. Such actions will trigger an automatic vote in both chambers of the Union Legislature to consent to the matter within 7 days
  3. Enforcement directives under power 14 of Article II Section III Subsection II that will last only for the duration of the emergency.

Section IV - Legislative Inquiries

The National Assembly may launch inquiries into actions of the President if such actions have in any way encroached on legislative power.

Section V - Civil Service

The Federal Cabinet will be complemented by a permanent, meritocratic civil service bound to aid them. They will, at all times, be politically neutral; not showing support of or engaging in opposition against any political faction. The most senior member of each civil service branch for the respective departments they serve shall be Deputy Secretary.

Subsection I - Protections & Accountability

Any member of the civil service may not be dismissed at the leisure of the President. They shall take direction from the primary secretary in place that has been appointed by the President and consented to by the National Assembly. All members hired or appointed within the civil service shall have tenure protections, which shall only be severed in the case that a civil servant has breached the Civil Service Code, which is to be determined by the National Assembly. All civil servants shall receive compensation from the Treasury, which they shall not be deprived of. The National Assembly may establish standards around the pay of civil servants.

Deputy Secretaries are accountable for the following duties:

  1. Accounting of their respective department and shall answer to the National Assembly regarding the proper apportionment of funds approved by the National Assembly
  2. The day to day operations of their department
  3. Giving advice to the Primary Secretary of their department
  4. Development of programs under the guidance and consent of the Primary Secretary of their department

Subsection II - Appointments

All recruitment is to be regulated by an independent body called the Civil Service Commission that is to ensure fairness, transparency, and meritocracy in hiring. They are also to enforce the Civil Service Code set by the National Assembly. Appointments of Deputy Secretaries shall occur only when a vacancy exists. In such cases, the President shall select from a list of people generated by the Civil Service Department.

The Civil Service Commission Chair shall serve for an 8 year term. They shall be jointly nominated by the President and the National Assembly and appointed with two-thirds concurrence of the National Assembly. They may only be dismissed by a two-thirds vote of the National Assembly. The rest of the members of the commission are to be chosen by the Chair, with the National Assembly able to reject appointments with a suspensive veto. The Civil Service Commission is responsible for the regulation of hiring of all members of the Civil Service of the nation and enforcing the Civil Service Code enacted by the National Assembly.

The Civil Service Commission shall also oversee any non-partisan legislative agencies the National Assembly chooses to create. Nominations for director of any such agencies will be chosen by the Speaker from a list generated from the Civil Service Commission. Civil servants of such agencies will also face the Civil Service Code the National Assembly promulgates.

Article IV - The Judiciary

The judicial power of the nation shall be vested in a single High Court that possesses the power of judicial review. The National Assembly shall be permitted to create and organize courts that are below the High Court. The judges of the High Court and lower courts shall be entitled to receiving compensation from the Treasury determined by the National Assembly that shall not be deprived from them.

The High Court of the nation shall consist of 15 justices: 1 Chief Justice and 14 Associate Justices. These offices may be vacant in the event that someone departs the court prematurely before their term ends. The number of justices may be increased given two-thirds concurrence of both chambers of the Union Legislature.

Section I - Powers

The judicial power shall encompass the following:

  1. Questions of Constitutionality
  2. The laws of the nation
  3. Treaties the nation is involved in
  4. Cases involving any member of the executive of judiciary who has been vested the legal power to act on behalf of the nation
  5. All cases in maritime jurisdiction
  6. All cases in which the nation is a party
  7. Cases that involve two or more Provinces or a Province and the National Government
  8. Cases that involve citizens and the Province they reside in

Subsection I - Jurisdiction

In items 1, 3, 4, 7, and 8, the High Court shall retain the privilege of original jurisdiction; that is to say such cases shall be immediately heard by the High Court without having been heard by a lower court prior.

In all other enumerated items, the High court shall have appellate jurisdiction; these cases shall be heard first in the lower courts. Matters under appellate jurisdiction are subject to regulation and exemption by the National Assembly regarding what the High Court may and may not adjudicate. Votes on exemption matters shall require three-fifths concurrence.

In the event that a particular crime was committed unless the crime took place in no Province, in which case the crime will be heard in a place the National Assembly has ascertained by law. Otherwise, Basic right 13 shall be adhered to without exception.

Section II - The Manner of Appointments

The President shall appoint one justice to the High Court of the nation in the first and third years of their term with the advice and consent of the Union Legislature with two thirds concurrence of both chambers for one 18 year term. Confirmed justices shall be sworn in on the first of July of that year.

If the Union Legislature doesn’t exercise their advice and consent privilege within 90 days with respect to the President’s nominee to the High Court of the nation, the Union Legislature shall be deemed to have waived their advice and consent authority with respect to the nominee, and the nominee shall be seated as a Justice to the High Court of the nation.

Appointments to lower courts shall require only a simple majority of the National Assembly, but it is also to be assumed that they shall been deemed to have waived their advice and consent privilege if they don’t exercise that privilege within 90 days with respect to the President’s nominee, and that nominee shall be seated as a judge in the seat they were appointed to.

Appointments to lower courts shall not have term limits, however, they shall have a mandatory retirement age of 75. No judge shall be removed from their office, except by impeachment.

Section III - Oath of Impartiality

All Judges will take an Oath to act independently from any authority other than that of this Constitution and the laws of the land. In keeping with this promise, Judges may only receive their entitled compensation during the duration of their tenure.

Article V - Organization of the Nation

The nation will be divided into three levels:

  1. The National Government, whose structure is elucidated in Articles II-IV
  2. Provinces
  3. Districts
  4. Cities

Section I - The Provinces

Provinces are the first sub-division of the nation. They will have their own legislature, executive, and judiciary. They may organize the exact structure of their government as they please. They will all enjoy a republican and democratic form of government. They will receive protection courtesy of the National Government from invasion, terrorism, and other acts of violence. They will draft their own Constitution, elucidating the structure of their government. They will these administrative sub-divisions only:

  • Districts
  • Cities

Subsection I - Powers

  1. They will enjoy legislating over all matters not explicitly enumerated and given to the National Assembly and/or Provincial Council.
  2. They are also be permitted to legislate on matters in which they’re granted full variance with the National Government and those matters where preemption hasn’t been applied as well as when the National Assembly has given them permission pursuant to the last clause in Article II Section I Subsection III.
  3. If all the Provinces of the nation unanimously agree on a particular matter, that matter will become law of the National Government.

Subsection II - Limitations

  1. They may not legislate on any matter exclusively reserved to the National Assembly.
  2. They must draw their constituencies such that they’re compact and contiguous and may not draw boundaries that bolster the political power of a certain group in control of the state government
    • They must prove to national courts that such boundaries are compact, contiguous, and not political favorable towards a particular group.
  3. Grant titles of nobility, swear allegiance to or take direction from a foreign nation, or secede from the nation
  4. Enter agreements, treaties, or compacts with other Provinces or foreign entities without the explicit consent of the National Assembly with two-thirds concurrence
  5. They shall respect all the freedoms granted to individuals in Article I and shall be bound, by force if necessary, to follow those rights to the letter
  6. May not have fees and fines exceed 5% of total revenue
  7. No Province, Provincial agency, or Provincial officer with an immunity from liability for violating any act of the Union Legislature where they may impose preemption, or any provision of this Constitution
  8. They may not dissolve cities without their consent by two-thirds concurrence of the populace residing in the City
  9. There will be no provision in their Constitution that prohibits the formation of cities or that contradicts this Constitution
  10. Regarding their militia, they may only reserve the right of appointment of officers and the training of members according to regulation promulgated by the National Assembly
  11. They may not declare war or have their own military outside of their militia, which shall be regulated by the National Assembly

Subsection III - Admittance into the Nation

Polities that would like to join the nation as a province may be admitted to the nation by agreement of the National Assembly. New Provinces shall not be created from within the boundaries of existing Provinces, nor by merging existing Provinces or parts of those Provinces without the concurrence of the National Assembly, legislatures of the existing Provinces involved, and the legislatures of the existing cities involved.

Section II - The Districts

The districts are the second sub-division of the nation. Provinces may create them as an intermediate level of government between the province and cities. They may be delegated any tasks that provinces see fit insofar as it doesn’t encroach upon cities’ powers. Provinces will create a process to allow sufficiently large cities to form integrated City-distrcts.

Section II - The Cities

The cities are the lowest permitted sub-division of the nation. Their boundaries will lie completely within a Province and they will have their own legislature, executive, and judiciary. They may organize the exact structure of their government as they please. They shall enjoy a republican and democratic form of government and will receive protection courtesy of both the National Government and the Province from invasion, terrorism, and other acts of violence. They shall draft their own Constitution, elucidating the structure of their government.

The City will enjoy its own autonomy with respect to both the National Government, Provinces, and Districts they reside in to the degree specified in the subsequent subsections.

Subsection I - Powers

They shall enjoy legislative jurisdiction without preemption in the following matters:

  1. Their police force and fire department
  2. Street voting
  3. The time and manner of their elections
  4. The ability to raise, collect, and spend taxes within their jurisdiction for purposes pertaining to those explicitly enumerated here
  5. The following local services:
    • Cemeteries and Morgues
    • The naming of streets and plots of public land
    • Parks and Recreation when intra-municipal
    • Community development
    • The construction and management of libraries
    • The construction and management of roads when intra-municipal
    • Intra-municipal utilities
    • Intra-municipal transit
    • Municipal Courts
  6. Anything that a particular Province in which a City resides devolves to it in the Constitution of the Province or by act of legislation by the Provincial legislature

They shall enjoy legislative jurisdiction with the ability for the Province and District they reside in to preempt them in the following matters:

  1. Complementing National and Provincial legislation where appropriate and permissible under this constitution and under the Provincial constitution in which the City resides
  2. Planning and zoning

They shall cooperate with the Province and District they reside in regarding the following matters:

  1. Education and training
  2. Regional planning
  3. The power grid
  4. Health services
  5. Mass transit that is inter-municipal
  6. Inter-municipal roads
  7. Anything else a Province stipulates in its Constitution where cities will cooperate with the Province in question on or by act of legislation by the Provincial legislature

Subsection II - Limitations

  1. Provisions 1-6 in Article VI Section I Subsection II
  2. No City, City agency, or City officer with an immunity from liability for violating any act of the Union Legislature where they may impose preemption, or any provision of this Constitution

Article VI - Recognition of the Laws of Subunits

Full Faith and Credit shall be given, throughout the nation, to the laws, public acts, records, and judicial proceedings of every Province and City. And the Union Legislature may prescribe the manner in which such laws, public acts, records, and proceedings shall be proved.

Article VII - Preserving the Sanctity of Elections in the Nation

To protect the fair representation of the people, only natural persons of the nation may make expenditures to political entities. The Union Legislature and the Provinces may enact legislation to protect the integrity and fairness of elections, impose caps on or eliminate private expenditures to political entities, the enactment of a public financing system for elections, and disclosure requirements of all expenditures relating to a political cause. This Article shall not be construed to alter freedom of the press. The Union Legislature, the Provinces, and the cities will have the power to enforce this Article through legislation.

Article VIII - Amendment Process

The Union Legislature with two-thirds concurrence of both chambers may propose amendments to this Constitution to the extent this Constitution permits as well as two-thirds of Provincial legislatures. In the event that the legislatures of three-fourths of the Provinces of the nation, the amendment shall be adopted in the Constitution.