Constitution of The Republic
ARTICLE II: Form of government
F) Wars and Emergencies
- The Council shall, unless a majority of the whole number votes
against, declare war in case of invasion, hostilities,
recommendation by a consensus committee on war, or overt violation
of treaties, and have the power to declare national emergencies when
such a state is required to restore peace and order. In time of war
or emergency lasting more than 6 months, all Council members shall
be elected yearly.
- War may only be declared against foreign states and treasonous
organizations, no military activity may be undertaken, except
for purposes of training and maintenance or under the obligation
of a treaty, without a declared state of war.
- In peacetime, no property may be lawfully taken or used for military
purposes, nor any property right of any citizen violated without
their informed consent for such purposes. In wartime, see Article I
chapter E (I.E1-9)
- Parlaiment shall have the sole authority to make provisions and
regulations relating to the military, and to make military laws,
and likewise the sole authority to call consensus committees on war.
However, in peacetime no military officer may be appointed by
Parlaiment, and Council override shall apply.
- In time of war or emergency, Parlaiment shall have the power to
make or adopt temporary laws by a 3/5 majority which shall
expire 30 days after their enactment or at the end of the war or
emergency. Debate on such bills shall be limited to 24 hours, to be split evenly between the members in favour and the members opposed.
In time of war they shall have the power to
appoint, to serve at their pleasure or until the end of the war,
a wartime commander in chief of the military, and such officers
as she recommends and they agree to, and to incorporate the coast
and boarder guard into the military. Parlaiment shall have the power to
override the commander in chief by a 3/5 majority.
- In time of peace, the Prime Minister shall be the commander-in-chief
of the military, and shall not be disqualified from such duty in
wartime should Parlaiment choose to appoint him/her. The Prime
Minister may, at the behest of a majority of the Council or 20
members of Parlaiment, bestow any military honor or decoration established by law.
- The government shall not use unreasonable or inhumane tactics in
war, shall not participate in or aid any country in committing
genocide, shall not cause unnecessary harm to civilians, and
shall adopt the highest standard of morality in warfare in
treaties at international law.
- The Supreme court shall have the power to rule on the
constitutionality of all wars and emergencies, and of all practices
in war. If it is found that no emergency exists, or that the war is
not constitutionally valid, the special state shall cease to exist
and emergency laws under section 5 (II.F5) shall become
invalid with subsequent enforcement being a crime of malfeasance of
office. If any unconstitutional practice is found, the court shall
have the power to issue writs to stop the practice.
- In time of War or emergency, the control of the Ministry of Justice
and its subsidiaries shall vest in the Supreme Court, who shall
appoint a temporary minister of justice, and exercise the usual
powers of the council and Prime Minister over it.
- The Council shall have the power to end any state of war at the end
of hostilities, and to negotiate via the Prime Minister peace accords and alliances on
behalf of the republic as a part of their treaty power under
Chapter D, section 14 (II.D14).
- Martial law may not be declared except by the Prime Minister,
at the request of a majority of the council and may be revoked at
any time by a 3/5 majority of Parlaiment or a majority of the Council.
- Parlaiment shall provide for the defense of the republic, and
shall have the power to organize such entities as are needed to
reasonably insure the security of the republic from foreign enemies.
- Parlaiment shall provide for a coast and border guard, and a
customs service to aid in the regulation of trade and immigration
and to defend all borders in peacetime.
- The government shall provide for roads to the extent necessary to
insure the defense of the republic.
Copyright 2000 Jack Durst, Last modified 7/31/2000 12:00AM PDT