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Preamble: Constitution as supreme law: fair, just, honorable Contents SUMMARY of GOVERNMENTAL SYSTEM * rights, legislato-executive process, money, war, appointment, impeachment Article I: Rights and Freedoms ***Exempt from amendment*** A) Rights of expression 1. Free opinion and expression 2. Free press 3. Free assembly and petition 4. Non-discrimination because of political beliefs 5. Open government 6. No deprivation of right to speak to press 7. Law reporting requirement 8. Parlaimentary privilege 9. No corporate or government media B) Rights of privacy 1. Absolute expectation in home and body 2. Search/seizure 3. No compelled forfeiture of corporate information 4. No violation of privilege 5. No compiling data; immediate use exception 6. No video surveillance, taping of public proceedings 7. Dignity, no embarrassing or publicizing C) Rights of Non-interference 1. No interference without law 2. No consentual sex-crimes 3. No drug-crimes 4. Freedom of movement 5. Bodily integrity 6. No morality laws D) Freedom of religion 1. No state religion 2. No prohibition or interference 3. Embodiment of public morals in laws, no morality laws 4. Military service 5. Non-discrimination 6. No compelled oaths 7. Cultural practices E) Property and Corporate Rights 1. Rights of property 2. self-control 3. Right to savings and accumulation of property 4. No deprivation of property without just compensation 5. Slavery 6. Asset forfeiture 7. Right to form corporations 8. Right to organize 9. Corporate equity protection F) Duties of all citizens 1. Abide by law, state may attach sanction 2. No Exclusion from political process 3. Duty to participate, compulsory jury/consensus committee duty 4. Duty to vote 5. Compulsory military service, religious exception 6. Duty to pay taxes 7. Duty to information, state right to compel education Article II: Form and Actions of Government Preamble: Public good, no laws without public input and consent A) Basic form 1. Branches, roles 2. Composition of Council 3. Requirements for running in Council 4. Composition of Parlaiment, requirements for running 5. Form of judicial system 6. Prime Minister B) Elections and voting rules 1. Requirements to vote 2. Voting age, universal age 3. Citizenship, naturalization rules 4. National holiday for voting 5. Selection of candidates 6. Voters rank-order candidates 7. If anyone has 25% of "1" votes, they're elected 8. If no winner, remove least popular, transfer votes to "2" 9. When there's a winner, transfer excess votes to "2" 10. If no "2" go to next numerically 11. Repeat 12. Repeat until all seats elected 13. Voting rules in Parlaiment and the Council 14. Quorum requirements 15. Cumulative voting 16. Census 17. Parlaimentary districts 18. Drafting of Parlaimentary districts by Board of Selectors 19. National Council elections 20. Election and composition of Board of Selectors 21. Election of trial judges 22. Election and confirmation of appellate judges 23. No deprivation of office except for ineligibility 24. No forced offices, oath of office 25. No foreign offices for officeholders 26. Judicial power to determine qualifications and elections C) Making Law 1. Convention of Parlaiment and the Republic Council 2. Power of the Council and Parlaiment to call consensus committees, One committee per topic limit 3. Conditions in which committees must be called 4. Initiative calling of consensus committees 5. Consensus committee topics, no power to review 6. Composition of consensus committees 7. Qualifications for committee members 8. Affirmation by Selectors 9. Consensus committee process 10. Power to call witnesses, present evidence 11. Speech rights 12. Public deliberation 13. Power to set own schedule, deadlock 14. Override of presiding member 15. Parlaimentary power to propose amendments 16. Parlaiment and Council power to accept/reject 17. Judicial power to interpret laws 18. Parlaimentary override 19. Council policy power 20. Management by Prime Minister 21. Parlaimentary power to reconsider laws 22. Council power to force reconsideration D) Other means of legislation in certain cases 1. 12 Council-proposed laws per year, power of Parlaiment to address such laws 2. Power of Parlaiment to make laws under certain sections with Council approval 3. Power of Parlaiment to create sub-crimes of felony 4. Power of Parlaiment to override lack of Council approval 5. Referenda 6. Initiative 7. Petition for initiative 8. Voting on initiatives 9. Superstatutes 10. Right to petition for members of consensus committees 11. Council veto on initiatives, re-ballot 12. Judicial power to create common law 13. Power of bodies to regulate conduct of members 14. No heads of Parlaiment 15. Delegation of Parlaimentary authority 16. Powers of local governments 17. Respect for local government E) Money and Corporate matters 1. Taxation by Council, permissible subjects of taxation 2. No taxes over 30%, no taxation of foreign income 3. Referenda on taxation 4. Top-level appropriations, caps by 2/3 majority of council 5. Shilling vote for ministry/category appropriations 6. Dispatch to other branches, cumulative vote for specific appropriations to programs 7. Unappropriated money at minister's discretion 8. No conditional appropriations without 2/3 of Council and majority of Parlaiment 9. Local distribution to be decided by Parlaiment 10. Regulatory fees, automatic appropriation 11. Parlaimentary debt-veto 12. Council contracting of equity, control of by-laws 13. Parlaimentary shareholder voting 14. No favoring of own corporations in law 15. Parlaimentary appropriation to military, local organizations 16. Review of proposed appropriation, taxation, debt from consensus committees 17. Accounting statements from ministers 18. Payment of government employees 19. Payment of Supreme Court, Parlaiment, Prime Minister 20. No reducing salaries of people in office 21. Minting of currency 22. Government insurance, utilities corporations F) Wars and Emergencies 1. Council power to declare wars and emergencies 2. No war on inanimate objects 3. No takings for military purposes in peacetime 4. Parlaimentary power to make military law 5. Parlaimentary power to make emergency laws, appoint wartime commanders of military 6. Prime Minister as peacetime commander-in-chief, power to issue military decorations 7. Judicial review of wars and emergencies 8. Duty to morality in warfare 9. Wartime judicial control of police 10. Power of Council to sign treaties, Parlaimentary approval 11. restriction on martial law 12. Exclusive power of Parlaiment to provide for defense 13. No military or ancillaries w/o Parlaiment 14. Coast and boarder guard 15. Defense roads G) Appointments and Impeachments 1. Council power to appoint, cumulative voting 2. No hereditary titles, offices w/ specific periods 3. Appointment of Supreme Ct. justices and Ambassadors 4. Qualification of Justices, life term 5. No appointments for members of Council, Parlaiment 6. Vacancies on Council, Parlaiment 7. Special Council elections 8. Power of Board of Selectors to appoint staff, set rules 9. Normal impeachment 10. Special impeachments 11. Judicial review of impeachments 12. Judgments in impeachments 13. Referenda on minister retention H) Law Enforcement and Executive organization 1. Authority to create ministries, organization like justice 2. Council override on Ministers 3. Prime-ministerial dispatch 4. National police and prosecutor 5. Election of chief prosecutors 6. Local cabinets 7. Citizen's advisory boards 8. Procedure in a citizen's advisory board 9. Ministry of justice 10. Parlaimentary and Judicial oversight of government Article III: Authorization of laws A) Non-felonies Preamble: Narrow interpretation of authority, Duty to exercise powers 1. Consumer, worker protection 2. Regulation of business 3. Availability of utilities and infrastructure 4. Protection of property 5. Removal of criminal enterprise from vice 6. Civil rights enforcement 7. Public safety 8. Quality of life (infraction only) 9. Natural resources & environment 10. Authorize agencies to enforce laws 11. Humane treatment of inmates 12. International standards 13. Inheritance distribution 14. Encourage public service and political participation 15. Bankruptcy 16. Insanity 17. Child protection 18. Public funding of elections 19. Necessities access 20. Standardized boilerplate 21. Communications privacy 22. Extension of Article I protections 23. Free and competitive market B) Felonies ***Exempt from amendments 1. No unauthorized felonies 2. General crime of felony 3. Malfeasance of office, crimes against national security, judicial system 4. Treason 5. Fraud Article IV: Judiciary and Due Process A) Judiciary 1. Specific oversight of schools 2. Powers of trial courts 3. Probation power 4. Council power to create additional courts 5. Powers of appellate courts 6. Writ and injunction power 7. Supreme Ct. power to interpret the constitution 8. Juries called to determine amenable subjects 9. Pardon power of Council B) Criminal Due Process 1. Probable cause, redress for wrongful arrest 2. Information 3. Right to atty. 4. Bail 5. Fair, impartial, speedy public trial by jury 6. Burden of proof, general felony as lesser included 7. Relevant, non-hearsay evidence only, judicial power to create exceptions. 8. Exclusionary rule 9. Cross-examination, right to call witnesses 10. Self-incrimination, reciprocal discovery 11. Ignorance no defense ex. tax law, non-public laws. 12. Stare decisis, due process 13. Criminal jury of 12, one dissent 15. Military juries, other protections apply to military 16. Indeterminate sentence 17. Cruel and unusual punishment, no executions, torture 18. No deprivation of article I rights without consent. 19. Double jeopardy 20. Rights of incarcerated persons 21. Prison rulebook 22. Self-determination for incarcerated persons (consistent with all other provisions) C) Civil Due Process 1. Right of arbitration 2. Civil cases failing arbitration 3. Freedom of contract, right to enforcement 4. Right to sue to enforce constitution 5. Guarantee of civil awards D) Limitations of government 1. No ex post facto laws 2. No convictions except by trial 3. No suspension of habeas corpus 4. No sovereign immunity 5. No discriminatory laws 6. Equal protection E) Interpretation 1. Interpretation clause 2. "The government" indicates normal lawmaking 3. Existence of rights does not disparage others Article V: Constitutional Amendment A) Amendments to the Constitution ***Exempt from Amendments 1. Power of Council Members to propose, petition requirement 2. Consensus committee & 2/3 Parlaiment requirement 3. If approved, provision becomes law for 10 years 4. Re-approval in 10 years by greater number 5. Council veto, re-approval in another 10 years 6. Removal of non-permanent amendments by initiative 7. Denial of constitutional interpretation: 2/3 majority of Parlaiment, vote of people. B) Limitations of Amendment, Constitutional Conventions ***Exempt from amendments Preamble: Exemption from amendment except by constitutional convention or difficult process for basic roles and form of government plus (V.B1-3) 1. I.A-E not to be diminished 2. III.B1-2 no amendment 3. IV.B-C no amendment 4. Article V no amendment 5. No previously-failed amendments 4. Calling a constitutional convention 5. Division into 100 delegate localities 6. Power to draft, send to people by 2/3, adopt by 3/4 majority 7. Non-permanence provision C) Process for Amending Limited Provisions 1. Amendment beyond Chapter B limits by this process 2. 10% petition, proposal by Council member 3. Policy, consensus committee, 3/4 passage by Parlaiment w/ 2 members from each district, 2/3 passage by people. 4. Non-permanent amendment w/o (V.A5) 5. No more than one section at a time. Article VI: Graduated Implementation A) Republic Council 1. No consensus committee requirement for first Councils 2. top 12 get in first election, terms, votes. 3. 16 runners in first election to be valid 4. No term of one year or less 5. Mass-replacement, no run year after resigning 6. 3-year exemption from 12 proposals to Parlaiment rule B) Judiciary 1. Supreme as sole court of appeals until 10 trial courts 2. Power to appoint any member of the judiciary until there are appeals courts 3. Trial courts en banc as Supreme Court if less than 5. 4. No appellate experience required until there are 3 appellates. C) Amendment 1. No amendments for 10 years. 2. Convention by initiative 10 years after adoption. 3. Ratification by majority vote of citizens, governmental approval. D) Parlaiment 1. First term full election 2. No Parlaimentary body if voting population < 2000 3. 20 member Parlaiment until pop. 200,000 4. Requirement of laws exemption 5. Time limits exemption ARTICLE VII: Name, Flag, and Location ARTICLE VIII: Signatures
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