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Constitution of the republic Preamble: We, the people of, in seeking to establish an entirely new system of self government and desiring a law which is fair, just, and honorable, recommend and uphold this constitution as the supreme law of this republic, its principles to forever guide the government of the people and the law. Contents 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 withour just compensation 5. Slavery 6. Asset forfiture 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 compell 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 comittees, One comittee per topic limit 3. Conditions in which comittees must be called 4. Initiative calling of consensus comittees 5. Consensus comittee topics, no power to review 6. Composition of consensus comittees 7. Qualifications for comittee members 8. Affirmation by Selectors 9. Consensus comittee 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 discression 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 comittees 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. Judgements in impeachments 13. Referenda on minister retention H) Law Enforcement and Executive organization 1. Authority to create ministries, organization like justice 2. Councel override on Ministers 3. Prime-ministerial dispatch 4. National police and prosecutor 5. Election of cheif 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 appelate 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. Guarentee 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. Existance 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 comittee, 3/4 passage by Parlaiment w/ 2 members from each district, 2/3 passage by people. 4. Non-perminant 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 appelates. 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 GENERAL SUMMARY OF GOVERNMENTAL SYSTEM: NOTE: This summary is completely non-binding and shall not previal when differing with a provision. Rights: A number of rights are protected constitutionally in the First article, no governmental action is valid when it contradicts a right. Generally they include speech, privacy, protections from interference, due process and criminal protections, freedom of religion, property, and incorporation. These are justified and counterbalanced by a set of duties imposed on citizens. Legislative process: Topic gets proposed, goes to a consensus comittee, chosen by the Board of Selectors under a strict standard, where it's researched and discussed, they draft a law, and approve amendments by Parlaiment, whichever body didn't call it gets to vote on the law, the Council sets general policy regarding the laws, the ministers and the agentcies they run, who can be overriden by the Council, work out the implementation details; meanwhile the law is reviewed by the courts for its constitutionality and interpretation, and continually reviewed and interpreted as cases come up, such reveiw can be struck or affirmed by Parlaiment; eventually the law is no longer usefull, and Parlaiment reconsiders it, this can be forced by the Council. Sometimes the normal process dosn't apply, in those cases, a law is generally made by Parlaiment with the consent of the Council, except initiatives and referenda which are approved by the people. Money: The Council imposes taxes and appropriates the money, with a partial-veto by Parlaiment or initiative. Parlaiment acts as the shareholders in governmental corporations. War: Parlaiment provides for a military, which it controls through the commander-in-chief, the Prime Minister in peacetime, war and peace are declared by the Council, which also negotiates treaties through the Prime Minister. Appointment/impeachment: The Council appoints everyone in the executive branch who isn't elected, and has the power to override appointees or subject them to referenda on their retention, non-executives are appointed by the Council in concert with Parlaiment. Every member of the government can be impeached for felony in the Council and tried in Parlaiment (normally, varries by office so that no one is impeached or tried by the body to which they belong.) and removed from office if convicted. Law Enforcement: Laws are enforced by the police, which are run by a locally elected chief prosecutor who reports to the ministry of justice (Other ministries are similarly constructed). All cases are decided by the trial courts and reviewed by the appelate courts. Criminals may be pardoned by the Council. The Supreme Court interprets the constitution, though sometimes with the aid of a jury. Lawmaking authority: Strictly limited to a specific list of powers and the common law, no law is valid which there was no power to make. Amendment: The constitution can be amended by a process of referendum after approval by 2/3 of the Council and Parlaiment, but amendment is limited, with constitutional conventions required in some circumstances. ARTICLE I: Declaration of rights Neither law nor amendment shall be made infringing upon the personal freedoms of the people. A) Rights of Expression 1 All persons shall have the right to their opinion on all matters and the freedom to express that opinion in any medium by any means. The government may not in any way abridge the freedom of speech. 2 No person may be restricted in their right to speak in an appropriate public forum, nor of their right to publish or broadcast any matter excepting knowingly false libel and secrets vital to the security of the republic. 3 No person may be denied their right to assemble peaceably and petition the government for redress of wrongs, nor of their right to organize against the existing order. In the context of petitions, x% petition shall be shorthand for "A petition having been signed by X percent of the number of (specified) persons voting in the last election" 4 No one may be deprived of any right or privilege guaranteed by this constitution or by law, or may be imprisoned due to their political beliefs or their exercise of any other right. 5 The government shall make available records of all proceedings and internal activities in a manner not inconsistent with the security of the republic or the right of privacy of individuals. All meetings of consensus committees, the Council or Parlaiment at which there is a vote shall be public and open to the press. All government documents shall be declassified and made available upon the request of any citizen as soon as would not jeapordize the security of the republic, ongoing criminal investigations, or the privacy rights of living individuals. All intelectual property created or owned by the government shall be made available to all citizens of the republic under a general public liscence. No law may be valid which is not codified and publicly available from the usual sources of law; all laws shall contain a reference to the point in the code at which they are to be inserted. 6 No vote, statement or speech in the normal course of official debate or deliberation of a member of the Council, Parlaiment, the supreme court, Board of Selectors, or any consensus committee, nor the result and deliberation of any jury, may be used against them in any criminal or civil proceeding, or be the source of any government sanction, impeachments excluded. Members shall be immune from arrest for all crimes except felonies during the session. 7 No person may be denied their right to speak to members of the press except to the extent that the security of the republic and the privacy rights of individuals require it. 8 No media outlet in this republic may be owned in whole or in part by the government, with the exception of a single printing office for the printing of laws and records, nor may any one person have a majority interest unless they own it outright, nor may any corporation except one created for the sole purpose of owning media outlets be a shareholder of a media outlet. For purposes of this section, "media outlet" shall not include: a. Common carrier services b. Management or provision of public fora, provided that their content is not regulated in any way by the government or the corporation managing c. Publication of public records, government reports, or where otherwise required by this constitution d. Instructional materials and distance education services Members of government may represent their positions to the media in any way not otherwise prohibited by statute or by this constitution. 9 The government shall never in any way interfere with the academic freedom of any institution of higher education, public or private, in the republic except to the extent that it may require certain courses for license to practice some professions, may require that civics and/or political science classes be taught, and shall, by law, insure the requirement that all human experimental subjects give informed consent. B) Rights of Privacy 1 All persons shall have the right to privacy and to the sanctity of their own possessions. The expectation of privacy in the body, the home and it's surroundings is absolute. 2 The homes, vehicles, persons, papers, correspondences, and effects of all persons in the republic shall remain inviolate, and no surveillance of any person by any means may be conducted, except upon the finding of reasonableness and probable cause by a neutral judge of the trial courts,nor without a warrant issued thereupon describing specificly the places or persons to be searched or surveiled and what evidence may be collected; except with the knowledgeable and free consent of the person. 3 No corporation may be compelled to provide information about their customers or shareholders, nor may any such information be retained or used for any governmental purpose, without a finding of probable cause by a neutral judge of the trial courts, no law may require the compulsory disclosure of any customer record. 4 The right of confidentiality between lawyers, doctors, accountants, psychiatrists, clergy, drug counselors, and their respective clients, and other groups as may be provided by law, shall not be abridged. No person may be compelled to testify to privileged information without the consent of the client. The government shall provide laws for the prevention of breaches of confidentiality. 5 The government may not keep, compile, or reveal any personal information about any citizen except as punishment for a crime; or to the extent necessary to accomplish another legal end provided that the keeping of such information is both beneficial to the citizen and that the citizen specifically consents, and also provided that such information is purged and destroyed as soon as the immediate end is reached or at the end of 5 years (whichever comes first) and that such information never be transmitted by any non-secure means, used for any purpose other than that specifically consented to, associated with other data collected for a different purpose (even with consent), or used for any law-enforcement or national security purpose. 6 No information obtained through public video surveillance may be used as evidence in a criminal trial or for any other governmental purpose; however, all police interrogations in custody, public spaces in prisons, trials, proceedings in open session of the Council, Consensus Committees, and Parlaiment shall be videotaped and such videotapes shall be public (except police interrogations not used as evidence in a trial) and may be used for any purpose not inconsistent with other provisions of this constitution or of law. 7 The government shall respect the dignity of all persons and shall not act in such a way as to unnecessarily embarrass any person, make public any legal private act or deed intended to be kept private, or unduly interfere in the personal or family lives of any person so long as their conduct is lawful. 8 The state shall issue identification to all citizens, and shall not deny any citizen a passport without a finding of good cause by a judge of the trial courts. However, such identification shall be deemed sufficient in all cases, and information collected for this purpose shall be subject to the other provisions of this constitution and of law. 9 The privacy of correspondance and the right of encryption shall be honored. C) Rights of Non-Interference We declare that some decisions are sacred and individual to the person, and may not be arrogated by the government. 1 Except in times of war or emergency, The government may not in any way regulate the conduct of citizens, except by law. 2 No act between consenting adults in private may be declared illegal, nor the sale of devices and services to aid in such acts. The right of all persons to make their own sexual and reproductive decisions shall not be abridged. 3 The rights to grow, possess in reasonable quantity, and use any psychoactive substance shall not be abridged except as punishment for a crime. 4 No person may be deprived of their freedom to move throughout, to leave, or to reside anywhere in the republic except as punishment for a crime or to insure the security of the republic in time of war, emergency, or disease. 5 All persons shall have the right of integrity in their own bodies, no person may be compelled to make any medical decision without informed consent or the full availability of all options. 6 The government ought not seek to embody the moral system of any one religion in its laws, which should be compatible with diverse beliefs. No law may be justified solely in it's ability to preserve the public morality except in the sole capacity to produce active citizens. 7 No person may be deprived of their right to work in any lawfull profession, and to choose their profession, except as punishment for a crime or under the lawfull rules of conduct of that profession. D) Freedom of Religion and Culture 1 No state religion may be established, nor may any religion be excluded from or favored in public discourse. 2 No law may be made prohibiting any religion or system of beliefs, nor may any law interfere with the free exercise, profession, or propagation of any religion. 3 No person may be forced to comply with any directive to military service to which they cannot agree with a clean conscience. 4 No person may be compelled to take any oath contrary to their beliefs. 5 All persons have the right to participate in their culture and to enjoy and preserve their cultural heritage. No law may be enforced to the detriment of that person's legitimate cultural practices; however, nothing in this provision shall prevent the state from advocating cultural practices. E) Property and Corporate Rights 1 Except as punishment for a crime, no person or organization not owned outright by the government may be denied the right to own property, and to use and control access to it as it sees fit in a manner consistant with the law. 2 Likewise, no person may be denied the right to manage its own affairs in a manner consistent with the law, though this shall not be construed as to invalidate any otherwise valid law. 3 All persons have the right to accumulate money in any amount for any purpose, no tax may be levied against savings and the government shall in no way, except as authorized in Article II Chapter E section 1 (II.E1), limit or restrict the use or saving of money. 4 No person may be deprived of money or property without fair compensation and due process of law or for any purpose except in the public interest as balanced with the interests of the person. 5 Natural persons may not be owned; nor may they be indentured without their consent; under physical, emotional, or economic duress; or for a period exceeding 5 years. 6 Any person accused of a crime with the primary motive being only the seizure of their money or property may not be convicted of that crime, violations of the tax code and enforcement of civil awards excepted. 7 All persons have the right to form corporations and associations with the goal of accumulating money or any other legal purpose, corporations have the same rights as adults and persons under this constitution except that they may not vote and spending money may not be considered a speech right for them. 8 No person or group of persons may be denied their right to organize, form unions or employer's associations, bargain collectively, participate in any organization, or strike. The government shall provide laws insuring this right and shall exercise a special preference for unionized organizations in its own contracting. 9 No corporation may be deprived by the government of its continued existence, nor the shareholders or members of their equity without due process of law and a trial by jury. F) FUNDAMENTAL DUTIES OF ALL CITIZENS 1 It is the duty of all persons within the republic to abide by and honor all valid laws of the republic, the republic shall have the power to enforce valid laws with any sanction not inconsistent with other provisions of this constitution or law. 2 It is the duty of all citizens to seek to change those laws with which they disagree, no citizen may be excluded from the political process or the public discourse for any reason not specifically mentioned in this constitution. 3 All citizens shall participate in the functioning of their government; the republic shall have the power to compel service as a witness, or as a member on juries and consensus committees. 4 It is the duty of all citizens of legal age to vote, voting shall be by secret ballot. 5 It is the duty of all citizens to protect the republic, military service may be made compulsory in time of war, police or other public service may be substituted in case of religious or other conscientious objection. 6 All citizens subjected to a lawful and constitutional tax have a duty to pay that tax, the state may confiscate money or property equal to the value due and subject the person to jail time in proportion to the extent of the fraud or non-payment. 7 All citizens have a duty to be informed, the government shall provide money for education, or the equivilant service, to all children within the republic such that they may be literate and informed citizens. 8 It is the duty of all persons within the republic to honor their contracts, see Article IV chapter C sections 3-4 (IV.C3-4) ARTICLE II: Form of government The purpose to government is to serve the public good and preserve the rights of individuals to seek their own good. In order to ensure this, the government of the republic shall be democratic and shall seek the opinions of the people for all laws, and as self-governance is the greatest insurance of individual liberty, shall encourage self-government wherever possible. No law may be made or enforced which is plainly contrary to the good of the people or to their will, nor may any law be made or enforced which is contrary to this constitution or to existing treaties. A) Basic Form 1 This government is to be composed of three branches, a Republic Council who execute the laws, a judiciary which interprets them, and a Parlaiment which causes to be made and approves them. 2 The Republic Council shall consist of 12 members, each elected every three years, with four members being elected in each year, the Prime Minister or such member of the Council as they may appoint in the absence of the Prime Minister, shall preside. 3 Any adult citizen who has served or is serving on at least one consensus committee and held prior elective office or been a member of the bar may run for the Republic Council. 4 Parlaiment shall be composed of 100 members, each to be elected every year; any adult citizen may run for Parlaiment in the district in which they live. Members of Parlaiment shall be elected by the process described in Chapter B (II.B) 5 The judiciary shall be composed of a Supreme Court of 3-7 members, depending on the number of appellate courts (5 if 0, 3 if 1-2, 5 if 3-5, and 7 if 6 or more), 1 appellate court for every 10 trial courts or 10 to be distributed as evenly as is practical among the trial courts if there are more than 100 trial courts. 6 There shall be a Prime Minister to serve as liason between the Council, the Parlaiment, and the ministers and for other purposes, to be elected, to serve at the pleasure of Parlaiment during his/her term as a council member, by a majority of the whole number of members in Parlaiment from among the members of the Republic Council after each parlaimentary election by the Concorcet/STV rule described in the second clause of Chapter B section 12(II.B12). B) Elections and Voting Rules 1 All natural persons born in the republic, or of one or more citizens, or naturalized to the republic, or who were residents of the republic upon the adoption of this constitution are citizens. All citizens who are legal adults may vote. The voting age shall be 17 years. 2 The government shall provide rules for attaining citizenship via naturalization which are fair and do not unduly exclude any group. 3 The Council and Parlaiment shall provide that all restrictions in legislation justified on the basis of excluding those who are too young shall have the same age as eligibility to vote. 4 Members of all branches of national government shall be elected at regular intervals with elections conducted each year on the first Monday in September. The government shall provide for a national holiday on that day such that all people may vote. No person may run for any national elective office (judges excepted) if they have already served for a period of 10 years in that office(9 years for members of the Republic Council), or do not have the signatures of 100 citizens pledging support. 5 Candidates shall be selected by means of a series of partisan caucuses of citizen's advisory boards in a manner perscribed by law and party regulations, first to determine support for any incumbants and to determine the number of candidates, second to nominate appropriate candidates; and after any inelegible, declining, or failing to recieve the pledge of 100 citizens have been removed; at a third and subsequent meetings to winnow the list and select candidates. All caucuses shall be conducted within the period of 1 month, to be completed not more than 4 months nor less than 1 month before the election. 6 To elect members of Parlaiment and the Republic Council, in each election each voter shall mark a "1" next to their first choice, a "2" next to their second choice, a "3" next to their third choice, etc. such that as many candidates as the voter cares to rank, or all options in the legislative case, are rank-ordered. 7 The quota in all elections shall be one more than the number of votes in that race divided by the number of positions to be filled plus one ie. quota=(n/(m+1))+1. A surplus shall be defined as the number of votes in excess of the quota. 8 If any candidate has a quota of the "1" vote in their district, or nationwide in a Council election, that candidate is automatically elected, In the event of more than one candidate having a surplus, the candidate with the largest surplus shall be elected first, then their votes redistributed as in section 9 (II.B9) below, then the unelected candidate with the largest surplus after that step elected repeating until all candidates with a quota or surplus have been elected. 9 If no candidate receives a quota of the "1" votes, then the candidate with the fewest "1" votes is excluded, or in the legislative case, the candidate with the most last-place votes, and the votes for them cast instead for the voter's second choice, excluding candidates until someone wins. 10 After a candidate is elected, a proportion of each "1" vote equal to the proportion of votes in surplus to that of total votes for a candidate shall be applied to the "2" vote of each voter. 11 In either of the two above sections, if a voter's number "2" choice has already been excluded or elected, then substitute the voter's next valid choice in numerical order, no vote may be cast for a candidate whom the voter has not ranked. 12 If, after the transferred votes have been added to the previous "1" votes, there is no new person elected, repeat the step in section 7 (II.B7) until another person is elected, repeat the step in section 8 (II.B8) each time a person is elected. 13 Continue with the process until all votes have been spent or all candidates are elected. 14 In all cases where a decision is made wherein a specific voting method is not specified for the Republic Council or Parlaiment, it is by either the specified or a simple majority vote of the individuals in a recorded public vote, in a vote requiring the whole number, this section shall also apply except that whichever majority referenced must be one of the whole number of members and not of the number attending. If a majority of the members present (if their number constitutes a quorum) of the body voting do not vote in the majority at the final vote, it is not a valid decision. If, however, a choice must be made between competing options of similar subject matter, then the choice shall be by Concorcet rule, each member ranking the various options with the option beating or tying each of the others in a runoff winning, if there is no clear winner due to a voting cycle, then any alternatives ranked below the entire cycle are excluded and the winner shall be decided by the electoral process used to select candidates above. After the Concorcet or STV winner is found, the option will again be subject to a majority vote on its passage as a single item, if it fails on majority vote, a second ballot shall be cast by Concorcet/STV rule and approved unless 3/4 of the members present vote against. 15 45 members shall constitute a quorum in Parlaimentwhen their number is 100, 7 members shall constitute a quorum in the Republic Council. No quorum is required in the case of cumulative voting except for the first vote. Proxies representing a majority of shares held by the government, though not less than 2 proxies for each party shall constitute a quorum in shareholder voting where proxies are permitted under the bylaws of the corporation. In case of ties in Parlaiment, the Prime Minister shall have a casting vote. 16 Each member of the Republic Council shall recieve a number of cumulative votes to be assigned according to their mandate in their year of election. For: a) parties with one member elected, mandate = ((P+V)/2)-R b) parties with two members elected, mandate = ((P+2V)/3)-R c) independants and parties with no members of Parlaiment, mandate = V - R where P equals the percentage of members of Parlaiment of that member's party, V equals the percentage of voters for whom the member was the highest ranked candidate elected, and R equals the ordinal number of the member's election. The mandates of all members elected in that year shall be summed, each member's mandate divided by the sum of all mandates; and that fraction multiplied by 96, rounded to the nearest whole number of votes; plus 1 (votes=(mandate/total mandate * 96) +1)shall be the number of cumulative votes for each member. 17 The government shall provide for a census of all citizens at least every 10 years and in the year of a special election of constitutional convention delegates. 18 For purposes of Parlaimentary election, the republic shall be divided into 20 districts (when their number is 100), as nearly equal in population as recorded in the census as is practical and divided such that each district contains a group as similar in lifestyle and background as possible; each district must represent a contiguous geographical area, with a special preference for division along natural or historical boundaries, and shall have 5 seats in Parlaiment. 19 The Board of Selectors shall draft the location of Parlaimentary and judicial districts, to be approved by the Council. 20 No election may be valid: in which fewer than 6 persons, or 7 persons in a 5 seat election, or in which more than two candidates of each party run, with the second candidate being of the opposite sex of the first for any party running two; for the Republic Council or in any district for Parlaiment. Elections for all seats on the Council shall be republic wide. 21 For purposes of this constitution, two persons or parties shall be considered to be members of the same party if: a. they claim affiliation to the same political party OR b. they vote in concert at least 60% of the time on matters wherin the vote tended to breakdown along party or coalition lines. 22 The Board of Selectors shall be composed of 3 persons of different parties on rotating six-year terms, one to be selected every other year. 23 Trial Judges must have a law degree and reside in the judicial district which they are running in and shall be elected every third year, rotating such that an equal number in each judicial district will be subject to election in each year. The position of judge shall be a non-partisan office elected by majority vote, only one candidate need run in a judicial election. 24 Each appellate court shall consist of 3 members elected by the judges of the lower courts under that appellate court from their ranks and confirmed by the people and judges every 10 years by a majority vote of each. Appellate court judges must have served at least 2 terms as a lower court judge. 25 No person who is constitutionally eligible may be deprived of their right to run for office, and if duly elected or appointed of their right to hold the office so earned except by impeachment. 26 No person holding any governmental office in the republic may accept any title, office or emolument from any foreign state during their term, nor may any person except the Prime Minister hold more than one office under the government of the republic at one time, nor may any person who is currently bankrupt and cannot repay their debts, or who is currently imprisoned, hold any public office except as members of consensus comittees and the prison's citizen's advisory board. 27 No person may me made to hold any elective or appointed office against their will. All persons elected to any post in this constitution must swear or affirm to the following: "I (swear/affirm)that I will faithfully execute the office to which I have been elected, and will be loyal to and protect this republic and its constitution." 28 The courts shall have the power to determine, in case of complaint, the qualification and validity of all elections and appointments under this constitution or as otherwise provided by law. 29 No citizen or member of Parlaiment may cast the vote of another except in the capacity of members of Parlaiment as shareholders where the bylaws of the corporation otherwise permit such. 30 No military officer may hold any position under the ministry of justice, nor on the Council, Cabinet, or Board of Selectors until such officer has been retired from military service for at least 5 years. 31 No member of Parlaiment, the Cabinet, or the Republic Council may hold any debt issued by the government; the government shall immediately repay the principal with reasonable interest for any such bond. Shares in partially government owned corporations which are held by members of the above shall be placed in blind trust until the end of the member's term. C) Making and Executing the Law 1 Two weeks after each election for purposes of electing the Prime Minister and orienting new members, at the end of January in each year to conduct general business, and whenever the 1/5 of the members or a majority of those of the Republic Council deem necessary, Parlaiment shall convene. The Council shall convene whenever Parlaiment is convened, or whenever the Prime Minister convenes them. 2 Parlaiment and the Council shall have the power to call consensus committees on any valid topic. However, only one consensus committee on a given topic may be in session at any one time. 3 When the Republic Council or Parlaiment considers any topic of substantial controversy among the citizenry, as any topic dealing with minority groups or immigration, election regulations, consumer regulation, or any topic of legalization policy regarding drugs, sex business, gaming, or other legalized vice, a consensus committee must be called if any change in the law or new law is desired. The existance of a power of Parlaiment to create a law on its own shall in no way prejudice the ability of a consensus comittee to enact laws of similar jurisdiction. 4 Any 3% petition to the Board of Selectors suggesting a proper topic for a consensus committee which proposes itself to be an initiative call for a consensus committee shall trigger the formation of a consensus committee on the topic. 5 Each Consensus Committee is to be given a specific topic not to exceed 200 words when called, and shall find a suitable solution which all members can abide by and which can be made into valid law. However, no Consensus Comittee may review any bill already drafted which has not already been made into law by constitutional means; likewise, no valid law may be returned which is beyond the topic given, though consensus committees shall have the power to suggest such related topics to the body which originated as they believe merit further investigation at their close. All consensus comittees may return a reccommendation of no action, a proposed law or other governmental action regardless of explicit permission in the topic. 6 Consensus Committees shall be composed of 3 citizens who are affected by the issue under consideration in different ways, 3 non-affected citizens, 3 experts in different fields with differing perspectives on the issue, one expert in the law, one non-minister administrator of the governmental agency dealing with or most affected by the issue, and one member of the Council or Parlaiment (whichever body originated), who shall preside, totaling 12. 7 The members of the Consensus Committee shall be chosen by the board of Selectors for maximum diversity of experience and expertise, citizen members should come from both sexes and all classes and be chosen from the general population with special preference given to volunteers and persons who have not served before, i.e. no person may be forced to serve when there are equally qualified volunteers available. In any case where a minority group is or is potentially involved, a member of that group shall be included. The selection of consensus committees is as a whole to be unbiased as to political views or affiliations, with the exception of the presiding member, who shall be the person who originated the calling of this committee, or such person having voted for the calling of the comittee that the body selects. Each expert member must bring a unique perspective on the issue due to their expertise. 8 The final selection of all members of Consensus Committees shall be affirmed by the Selectors, with two of the three Selectors needed to affirm. 9 The process in a consensus committee shall be as follows: each member will introduce themselves and speak on the topic, in the order mentioned in section 6 (II.C6), stating how they are affected, explaining their view of the topic, etc. and then entertaining questions from the other members; when all members have spoken and all questions have been answered, each member shall have the right to present such witnesses and evidence as they deem relevant, in the same order as of speeches, and all members shall have the right to question all witnesses; after all witnesses have been called, the members shall each present their favored governmental action, and the alternatives shall be discussed. Optionally, another round of witnesses may be called in support of various actions. When the committee decides that is has debated sufficiently, it shall vote on the matter by the same process given in Chapter B section 13 (II.B13) for multi-item votes to narrow it down to one or two options everyone can live with, the committee shall revise those options such that all members can agree and the committee may come to consensus on a single option. 10 All Consensus Committee members shall have the power to: call witnesses, and with the vote of any 3 members, compell the attendance of witnesses; collect, and present evidence, and to give any speech or debate on the topic to aid the committee in better understanding its topic. The Board of Selectors shall provide staffing to assist the committee in whatever reasonable way requested by any three members of the committee. 11 The presiding member shall insure that all members have the chance to speak their peace on the issue and to call any relevant and necessary witnesses at the outset, throughout deliberations, and again before consensus can be declared. The deliberations of consensus comittees shall be recorded and such record kept as authoritative legislative history. The presiding member or any two members may poll the comittee at any time on any topic of current discussion, and the result shall be noted in the record. 12 The deliberations and activities of Consensus Committees shall be open for the public and press to witness except when the committee addresses an issue of national security or the privacy of a particular witness is nessicary (though anonymous testimony shall be recorded as text and transcripts made publicly available) 13 Consensus Committees shall have the power to set their own schedule provided they meet for at least 2 and no more than 6 days each week until consensus is found or until 8 members agree that the committee is hopelessly deadlocked and no solution can be found. 14 However, in the case that all members besides the presiding member reach consensus, they shall have the power to override and send their solution to the other body without his or her consent if all other members vote to do so. 15 In the event of the death, insanity, or perminant absence of any member, the Board of Selectors shall, with the consent of 8 of the remaining members, appoint a replacement member of similar background and qualification. At the end of the presiding member's term of office, impeachment, resignation, or in any of the above cases relating to that member, the calling body shall appoint a member in favour of the comittee to fill that position. 16 Before coming to consensus, the comittee shall send a provisional copy of their proposed statute to Parlaiment, which may propose such minor amendments within the topic as they agree to within ten days, and which shall be considered by the consensus comittee, one statement from the members of Parlaiment in favour and one from the members opposed to each amendment shall be read for the record, and such witnesses, evidence and speaches as the members desire presented on the matter, and those amendments all members can agree to adopted. 17 Parlaiment and the Republic Council shall have the power to accept or reject the result of any consensus committee called by the other body, and the Republic Council to consider those called by petition. If the result is rejected, the body calling the consensus committee shall have the power to override the rejection by a 2/3 majority vote, or a 2/3 majority vote of Parlaiment in the case of a call by petition. 18 The judiciary shall have the power to interpret the laws and to determine their consistency with this constitution and strike those which are inconsistant. 19 A majority of Parlaiment shall have the power to affirm the force of law of any decision of the Supreme Court. However, no change in law in contradiction to a Supreme Court ruling may be made without a 3/5 majority vote of Parlaiment. This power shall not extend to the interpretation of this constitution by the courts, nor to the common law, nor shall any interpretation already given force of law by Parlaiment be denied it later without the approval of 2/3 of the Council. All interpretations shall be law unless explicitly denied. When dealing with a constitutional authority, it may affirm any decision by the Supreme Court by a 2/3 majority, or deny it by the process given in Article V, Chapter A, Section 7 (V.A7) 20 The Council shall have the power to issue statements of policy as regards any valid existing law by unanimous consent which, if in accord with all laws and constitutional, shall be binding on those administrations mentioned in the statements. A statement of policy may be retracted by a 2/3 majority of all members. 21 During the recess of the Council, and at such other times they may, by a statement of policy, deem fit, the Prime Minister shall manage the ministers, enforce all issued policies, and provide day-to-day oversight of the administrations, but shall not have any power of the Council as regards them. 22 Parlaiment shall have the power to reconsider existing laws at regular intervals and to remove through the consensus committee process or by a 2/3 majority vote, or a majority at the request of the council, or to make subject to a sunset provision (by a majority vote) any law, subject to the approval of the Council. 23 The Council shall have the power to force Parlaiment to reconsider existing laws by a majority vote, and to strike the affirmation or denial of judicial interpretation, with the exception of a striking of a constitutional interpretation, by a 3/4 majority vote or a 2/3 majority vote on the advice of a majority of the cabinet. D) Other Means of Legislation in Certain Cases 1 All bills under this constitution not made by process of consensus comittee shall contain a statement of purpose, conforming to the requirements of a consensus comittee topic. No omnibus bills may be offered, and no bill may contain any provision not within its statement of purpose. No initiative, referendum, or superstatute may be promoted on any provision not central to its statement of purpose or in any way which would tend to mislead the voters as to the purpose or content of the bill. 2 Parlaiment shall have the power to approve, disapprove, send to the people, or amend and send back for approval any proposed legislation by the Republic Council. However, the Council may propose only 12 laws in this way in any one year for legislative purposes. 3 Parlaiment shall additionally have the power to make laws under: Article III Chapter A sections 6, 10, 12, 14, 20 and 22 (III.A6,10,12,14,20,22) laws made under this section are subject to Council approval. 4 Within the general crime of felony defined in Article III chapter B section 2 (III.B2) Parlaiment shall have the power to define more specific crimes with more specific ranges of sentences, and to set sentence ranges for crimes at common law within any authroized felony under Article III chapter B (III.B2-4), subject to Council approval, including ranges less than the minimum for felony itself, it shall also have the power to overrule any commonlaw crime created within felony and make the conduct leagal or attach a misdemeanor sentence range. 5 Wherein Council approval is required for an act of Parlaiment, it may override the lack of approval by a 2/3 majority vote if the original provision required a majority, or a 3/4 majority vote if the original provision required more than a simple majority. 6 Parlaiment shall have the power to propose referenda on any topic of valid legislation by a simple majority, on which the people may vote, however, no item which requires a consensus committee may be put forward in this way, and the number of referendum items allowed on the ballot may not exceed the number of initiatives. Each referendum item shall note its priority for the ballot. Any law created by Parlaiment with the consent of the Council shall be subject to referendum if a 5% petition requesting it is submitted within 90 days. 7 Likewise, the people have the right and power to create statutes by process of initiative ballot; any 5% petition to the Republic Council suggesting proper legislation and which proposes itself to be an initiative shall be placed on the next ballot as a piece of initiative legislation. 8 If any initiative garners a majority of the vote in its favor, it is to be considered approved by the people, and subject to the approval of the Republic Council, if the Council disapproves, the initiative shall automatically be placed on the next ballot and if it gains a majority shall become law without approval. 9 No person shall be excluded from their right to petition by virtue of serving or having served on a consensus committee or in some other governmental function except that current members of the Council and Parlaiment shall be excluded from petition, except as otherwise specified under this constitution, during their term in office. 10 A 7% petition claiming to call for an initiative superstatute shall, if approved by Parlaiment, be placed on the ballot as an initiative superstatute, and if it garners a 2/3 majority of the vote, will be considered approved by the people as a superstatute, though if it garners a majority less than 2/3 it shall be considered approved as a piece of initiative legislation unless outside the constitutional authority to make laws. Superstatutes shall superceede all laws except this constitution, may be made regardless of authorization under article III, and may only be amended or repealed by a referendum garnering a 2/3 majority of the people or by the initiative process used to create them. No superstatute may be created which is contrary to the intent of any provision of this constitution or any treaty obligation of the Republic. 11 The Supreme Court, upon reciept of evidence that a proposed initiative, referendum or superstatute is constitutionally invalid for any reason prior to the election shall have the power to prevent said item from being placed on the ballot at this election. This may be overriden by a 2/3 majority vote of Parlaiment with the advice and consent of the council. 12 The judiciary shall have the power to create and develop the common law, subject to the powers of Parlaiment under chapter C section 16 (II.C16). The accepted works on Anglo-american common law (to the extent that items are consistant with the constitution), and the principles deriveable from all enacted statutes in the Republic are here aknowledged as the initial starting point for the common law in the republic. No statute shall be invalid by reason of contradicting the common law. 13 Parlaiment and the Republic Council shall each have the power to make rules regulating the conduct of their own members and business, including the Prime Minister as a member of the Republic Council, and to set their own schedules within the defined period. No rule of proceedure may be agreed to over the objection of a majority of members; or of a majority of the members of each of more than one third of the parties in the body, without regard for absolute numbers, when such objection occurs at the time of the final vote on passage. 14 No person may be the head of Parlaiment, the time for debate and the items considered shall be controlled by all of the members through the rules they make for the body, which may not contain provision for such a person. No rule may limit the time for debate on any item not subject to a constitutional limitation on time, nor the order of debate, which is not affirmed by a 3/5 majority of the whole number of members in addition to the rule of section 10 above (II.D10). 15 Parlaiment shall have the power to temporarily and specifically delegate certain powers of the government, in a limited way consistent with all provisions of law and this constitution and with the other powers so far delegated, to executive and local organizations, such as the power to make local laws to a city. 16 Citites and local cabinets shall have the power to issue ordinances regarding zoning, development, traffic regulation, building codes, and other purely local issues affecting the quality of life provided they are within the national law and constitution. 17 The government shall respect the charters and governments of cities and other localities to the extent they are consistant with self- government by direct or representative democracy, this constitution, and the law, and insure the local government's compliance with such charters and laws. 18 The Prime Minister and Ambassadors shall receive diplomats and shall have the power to negotiate, and likewise the Council with the advice and consent of Parlaiment shall have the power to enter into, international treaties on behalf of the republic. E) Money and Corporate Equity 1 The Council shall have the power to impose taxes on sales, corporations and vice conducted for profit, estates of substantial size, the wages of inmates, and upon the extraordinarily rich, and in addition to this, a nominal tax of between .1% and 2%, to be set at the discretion of the Council, upon the earnings of all citizens and to appropriate the money collected in all above to pay debts, to make the payroll, to fund the budgets of appropriations made by other branches, to fund existing government projects authorized by law, to fund new projects, or to the people(in that order of priority) All taxes shall be reapproved and levied after approval on an annual basis. Voting in taxes shall be cumulative as described in chapter B section 14 (II.B14) 2 Except in time of war, the total tax on any given item or on the income of any particular person may not exceed 30%, nor may any tax include income earned outside of the republic, exports from the republic excluded, nor may the tax on prisoner's wages be appropriated for any purpose except to the direct benefit of the prisoners. 3 Upon recipt of a 3% petition signed by perosns who are subject to a tax (with the exception of the nominal tax and the tax on prisoner's wages) Parlaiment shall have the power to reconsider that tax, and, with a majority vote of the whole number, shall have the power to place the tax up for a referendum. Any change in taxation approved by referendum shall be binding on the Council for a period of five years or until an initiative is passed recinding that order (whichever is less). 4 The council shall set the bottom line figure of the total budget and minimum and maximum caps for each ministry (totalling not less than 1/4 of the bottom line for minimums and not more than four times the bottom line for maximums each year) by a 2/3 majority. 5 The bottom line figure, minus the total of all minimums, shall then be divided by 300, and that number of shillings times the number of cumulative votes posessed by the member shall be assigned to each member, to be distributed among the existing ministries and categories however they please save that exactly the whole number of shillings at the disposal of any member must be used. Once all members have appropriated their funds at the general level the numbers plus the minimum cap shall be combined by addition, and that number used as the basis for that ministry or category unless a 2/3 majority of the members object. 6 Once all shillings have been assigned a category, the other branches are dispatched their budgets for those categories which are appropriated by them, and the specific programs at each ministry or administration or within each category are then appropriated by cumulative vote as described in Chapter B, section 14 (II.B14), each item of appropriation shall be considered as a single issue. 7 Any money given a ministry not directly appropriated by cumulative vote shall be available to the minister to whom it is appropriated to allocate within the ministry in any lawfull manner, subject to the override power of the Council. 8 No appropriation may be made conditional upon anything except the available funds of the government or the execution of existing leagal duties without a majority vote of the whole Council and the advice and consent of 2/3 of Parlaiment. 9 Parlaiment may address, by a 2/3 majority, the local distribution of funds appropriated to any program that is not equally distributed nationwide or automatically appropriated by law. 10 Parlaiment shall have the authority to attach fees to pay for regulatory costs, provided that such fees be automatically apropriated in the law authorizing them, and that no fee be imposed except for services rendered. 11 Parlaiment shall contract and manage all government debt, control the issuance of such debt, and shall decide which Council appropriations may be paid for with debt moneys; the Council shall reconsider by process of majority vote any use of direct monies for appropriation denied debt if any debt is needed to fill any of the appropriations at that level of priority or higher in that year. 12 Parlaiment shall have the power to propose the contracting or creation of new corporate equity by the government to the Council, which shall have the power to approve or reject the creation or contracting of corporate equity in the name of the republic, and shall have the sole power to create corporations wholly owned by the government. The Council shall have a veto, overrideable by a 2/3 majority, on any change of bylaws of a government owned corporation made by Parlaiment. 13 Parlaiment shall have the power to cast the shareholder votes of the government in any situation wherein the government owns equity in a corporation. The individual votes shall be translated directly into shareholder votes, with each member of Parlaiment receiving control of an equal number of shares. 14 The government shall not favour its own corporations in matters of law, and shall allow competition between nationaly owned and publicly held corporations. No equity in a corporation may be obtained by the government except by creation or purchase. 15 Parlaiment shall have the sole power to make appropriations to the military; no provision may be made for the military or anything ancillary to it except by Parlaiment. Also, Parlaiment shall appropriate for emergency spending, to local governments and organizations, for the local direction of ministry monies, and such other items as may elsewhere be specified, and shall be issued a sum of money from which to make each set in each year at the discression of the Council. Likeweise, the Supreme Court shall appropriate the budget for the judiciary and other purposes issued by the Council, and the Board of Selectors shall have the power to provide for the payment of their staff and of jurors, committee members and witnesses within the budget approved by the Council. 16 The Council shall have the power to affirm or deny by a seperate majority vote any proposal of appropriation or taxation contained in a bill passed by consensus comittee. Likewise, Parlaiment shall review any proposed contracting of debt, change in corporate matters, military, or local appropriation proposed in a bill by a consensus comittee. 17 Each ministry shall provide a complete account of its fiscal activities to the Council and Parlaiment 2 months after the end of the fiscal year. 18 The government shall insure and have the power to insure that all those employed by the government and especially those compelled to service by its request are paid fairly in accordance with their role and station in this government, and competitively to the private sector. The government shall provide pensions, child and family care, insurance, reasonable leave for elected members to conduct campaigns, and such other forms of compensation it deems appropriate to all employees. 19 Members of the Supreme Court shall be paid the same as members of the Council, and other members of the judiciary in a proportion to them to be fixed by law, with all judges of the same level recieving the same amount. The Prime Minister shall be paid a salary equal to that of a Council member plus one-third. Citizen members of consensus committees and criminal juries shall be paid the salary their ordinary occupation would entitle them to. Parlaiment shall control the payment of its own members from a budget equal to three times the total payment to the Council and the Supreme Court combined if their number is 100, or equal to the two if their number is 25. 20 The salaries of elected officers and ministers may not be reduced during their term in office, nor may the salary of present members of the Council be increased during their term in office 21 The Council shall provide for the minting of a common currency throughout the republic, the shilling, to be initially worth .07 of a Swiss Franc; there is to be no sub-unit of the shilling. The government shall maintain a gold reserve equal to at least 1/5 the value of all outstanding shillings, and mandate that no less reserve of deposits be kept by all banks insured by the Republic. No law may mandate payment in any medium other than the shilling or gold. 22 The government shall maintain a majority share in a corporation to be created for the purposes of providing insurance of such type as the shareholders see fit at the lowest profitable cost to all citizens of the republic who apply. Likewise similar corporations shall be established, and a majority share maintained, for the provision of electricity and other utilities, though this shall not in any way prejudice the ability of the government to form corporations for any purpose not otherwise forbidden by this constitution. F) Wars and Emergencies 1 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. 2 War may only be declared against foreign states and treasonous organizations, no military activity may be undertaken, except for purposes of training and maintnance or under the obligation of a treaty, without a declared state of war. 3 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) 3 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. 4 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. Likewise, 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 and shall have the power to override the commander in chief by a 3/5 majority. 5 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. 19 The government shall not use unreasonable or inhumane tactics in war, shall not participate in or aid any country in comitting genocide, shall not cause unnessicary harm to civilians, and shall adopt the highest standard of morality in warfare in treaties at international law. 7 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 chapter F section 23 (II.E23) 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. 8 In time of War or emergency, the control of the Ministry of Justice and its subcidiaries 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. 9 The Council shall have the power to end any state of war at the end of hostilities, and to negotiate peace accords and alliances on behalf of the republic as a part of their treaty power under Chapter D, section 14 (II.D14). 10 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. 11 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. 12 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. 13 The government shall provide for roads to the extent necessary to insure the defense of the republic. G) Appointments and Impeachments 1 The Council shall have the power to appoint or make elective all vacant ministers; and such other high-level administrators allowed by law. In appointments, voting shall be cumulative under Chapter B section 14 (II.B14). Hirings within agencies shall be at the lawfull discresion of the applicible manager among citizens able to pass a civil service examinaton, or through internal promotion. 2 No title or office granted by the Council may be hereditary: all offices established by law shall state a definite period in terms of a number of years for which the holder of that office shall serve and whether or not they will be re-eligible. Ministries on the cabinet shall be 4 year terms, rotated such that 1/4 are to be appointed in any given year. 3 The Republic Council, with the advice and consent of Parlaiment shall have the power to appoint Ambassadors, members of the Supreme Court, and members of the Board of Selectors by a majority vote. 4 Supreme Court justices must be confirmed appellate court judges, and serve for the term of their good behavior once appointed and confirmed. 5 Council and Parlaiment members may not be appointed minister or to any other appointable office, with the sole exception of the Prime Minister, until they have been retired from office for at least three years or have been retired one year and are ineligible to run again. 6 If any seat on the Republic Council or in Parlaiment becomes vacant before the time of its next election due to the death, disability, insanity, resignation, permanent absence, or impeachment of a member, the members in Parlaiment of the party of the absent member shall appoint a new member to serve until the next election, and in the next election the 5th or 6th person elected assigned to that seat for the remainder of the term with the same number of cumulative votes (if on the Council). However, members appointed in this way shall not be eligible for the post of Prime Minister. 7 The Board of Selectors shall have the power to appoint a staff for the selection of consensus committees, and to make rules for their a actions and the actions of their staff. Likewise, all ministers shall have a similar power regarding their own staff. 8 The Council shall have the power to impeach executive appointments, Prime Ministers (in their sole capacity as Prime Ministers), members of Parlaiment, and members of the judiciary. A majority of the whole number must impeach to send it to a Parlaiment for conviction by a 2/3 majority. The standard for impeachment is any felony committed during the term of office, except for Selectors and Prime Ministers, who may be impeached for violating the constitution in addition to the usual standard. 9 Parlaiment shall have the power to impeach members of the Republic Council (and Prime Ministers in that capacity), for trial before the Supreme Court, which shall also try members of Parlaiment. 10 The Supreme Court shall review all impeachments convicted in Parlaiment to determine their constitutionality, Parlaiment shall likewise review the convictions of the Supreme Court 11 Judgements in impeachments shall be limited to any or all of the following, as the convicting body sees fit: removal from the particular office impeached revocation of the salary of said office disqualification from any future appointed office disqualification from any future elective office However, impeachment shall not prejudice any criminal prosecution. 12 In case of the incapacity, inefficientcy, misconduct, mismanagement, or disobedience of any minister or staff member not sufficient to reach the standard of Impeachment: the Council, or the Council with the advice and consent of Parlaiment if the member having appointed the minister, or any other group with standing to object to an override under Chapter H section 2 (II.H2) objects; upon the request of the Prime Minister with a majority of the cabinet, by a 2/3 majority of the council, or upon the recipt of a 3% petition, shall have the power to subject that minister or administrator to a referendum on recall at the next election. H) Law Enforcement and Executive Organization 1 The government shall, by law, establish administrations, ministries, and agentcies of such a type as to facilitate good government and the expeditious execution of laws provided that each organization, except the military, shall be organized similarly to the ministry of justice/police described below (II.H2-5), lead by an executive administrator, to be styled "minister", that the ministers shall comprise a national cabinet, and that each agency and part thereof shall have a clear mandate as to its responsibilities and authority in the law authorizing it. 2 The Council shall have the power to override the decision of any minister or the staff of any administration on any matter not involving the Council or a member by majority vote providing that the affirmative votes include the member who appointed that executive, (if that member is still on the Council), or by a 2/3 majority if that member votes against the override or if 20 members of Parlaiment, or the Prime Minister in conjunction with a majority of the ministers, a 3% petition of citizens, or a 10% petition of local cabinets, issue a formal protest of the override. 3 The Republic Council or a petition of a majority of the ministers may, at any time, dispatch the Prime Minister or his/her designee to deliver a message to Parlaiment on execution of laws, the state of the republic, inquiry as to status, or any other expedient matter, and require his/her return with a response. Likewise, Parlaiment may at any time summon the Prime Minister to deliver a message of similar type to the Council with requirement of response. 4 The Council shall provide for a uniform police force and prosecutor throughout the republic, divided geographically into departments, with oversight by the legislative and judicial branches and control by the executive. Police officers shall be drawn with a special preference for officers from the area of jurisdiction of the department in which they serve. 5 For each police department, the people of its area of jurisdiction shall elect a chief prosecutor, who shall manage that department, and to hire a local attorney to prosecute each specific case arising from that department's enforcement activities which he/she deems warrants prosecution. The Judiciary shall not interfere in the prosecutorial discression of any chief prosecutor. 6 The chief prosecutor and the elected heads of local departments of the other ministries shall, in the abscence of a city charter to the contrary, form a local cabinet, to govern and coordinate the actions of the executive branch in their area of mutual geographical jurisdiction with the advice and consent of the citizen's advisory board. They shall also have standing to bring claims in court against any ministry for violation of law, or this constitution, have the power to appeal the decisions of ministries to the Council, and such other powers as Parlaiment deems expedient. 7 The citizen's advisory board of a locality shall convene once a week on a set day of the week, and shall be open to all residents of the area of jurisdiction of the local cabinet with the exception of persons holding elective or appointed office. Any resident signing in at more than half the meetings in a 6 month period shall be deemed a member until they cease to be a resident, go 6 months without attending, fail to attend more than 75% of the meetings in a one year period, or are elected or appointed to government office. 8 At each meeting, the citizen's advisory board shall convene, provide time for the circulation of petitions, soliticitations to join subcomittees and associations, etc., shall address any business coming from the local cabinet or other citizens advisory boards, and proceed to the items on the ajenda. Any person in attendance may speak in favour of or in opposition to any item(s), if no person claims the time on either side, the item shall be tabled until re-proposed. After all have been heard, any person with the second of a member may move to continue the discussion on later, bring a resolution, or such other action as may be appropriate. All persons signed in may vote, majority rules. After any adjenda business is finished, any person present with the second of a member may place any item on the ajenda for the next week. Following the setting of the ajenda, the board shall dissolve into caucuses by party to handle party business, if any. No issue resolved by a Citizen's Advisory Board may be reconsidered for a period of 1 year. 9 Each cheif prosecutor shall report to the Ministry of Justice which shall resolve all disputes between districts, re-assign cases in case of conflict, insure the lawfull and constitutional operation of local police departments, provide resources for the sharing of information, hire lawers to try cases of national import, create national standards, provide training facilities, administer benefit plans, administer the prison system, provide resources to such national subject matter departments and agencies as Parlaiment may authorize, and to override local chief prosecutors upon the petition of a number of other prosecutors, the citizen's advisory board or city council of that locality, the people upon the recipt of a 3% petition, or at the behest of the Council or Judiciary. 10 Parlaiment nationally, and the judiciary locally or in any case wherein a citizen files a complaint shall provide oversight of the government to insure that all laws are faithfully executed in a manner consistent with this constitution and the law. 11 The Prime Minister shall ajudicate any dispute over jurisdiction between ministries before the cabinet when any minister files a complaint, his/her ruling shall be appealable to the council if the cabinet votes by a 3/5 majority to allow the appeal. Local cabinets shall similarly ajudicate disputes finally by majority vote with the advice and consent of the citizen's advisory board. ARTICLE III: Authorization of laws The government shall make authorized laws to the extent necessary to insure (if so written) or otherwise reasonably provide for the aims of the authorization. A) Non-felonies No arbitrary or plenary power of lawmaking exists under this constitution. Excepting the body of existing common law, and its continuing interpretation and expansion; no law may be made except those specifically authorized, and such authorization shall be taken to be only so broad as can be compellingly justified within the framework of a free and democratic society which desires the most limited government tolerable. No superstatute may authorize any furhter law not authorized in this article. The government shall have the power to make and enforce laws at the regulatory, authorizing, infraction, misdemeanor and other non-felony levels, or likewise delegate such power to localities for the following purposes: 1 To protect and inform the worker and the consumer 2 To regulate commercial business 3 To insure the availability of and public access to utilities, modern communication, transportation, education and health care. 4 To protect real, personal, intangible, and intellectual property rights. 5 To insure the removal of criminal enterprise from vice through legalization and regulation, and to insure the purity, labeling, and availability of psychoactive chemicals. 6 To implement other provisions of this constitution to the extent necessary and proper, to protect the civil rights of all persons, and provide for an orderly and constitutional government. 7 To provide for public safety and prevent widespread disorder 8 To improve the quality of life, however this shall be limited to infractions and authorizing legislation. 9 To insure the protection and preservation of natural resources and the environment. 10 To provide for the enforcement of existing treaties, laws and regulations by authorizing legislation. 11 To insure the safe, humane and rehabilitative treatment of inmates. 12 To insure compliance with international standards 13 To provide for the fair distribution of inheritances 14 To encourage public service and participation in the political process. 15 To provide for rules of bankruptcy. 16 To provide for idiots and the insane. 17 To provide for the education of children and insure the protection of children from forced labor, military service, abuse, and neglect. 18 To insure free and fair elections through regulation and public funding, and insure that each party's rules for the selection of candidates are constitutional, fair, impartial, and well-formed. 19 To insure access for all citizens to food, housing, and other necessities. 20 To standardize contracts and to simplify the processes of drafting and negotiation, and to improve their intelegibility through statutes providing a choice of standard "boilerplate" provisions, favorable to varrious parties, for incorporation by reference. 21 To insure the privacy and security of the communications system. 22 To provide for the enforcement of Article I rights against persons other than the government. 23 To insure a free and competitive market. 24 To require that members of skilled professions posess the requisite skills, follow the rules of conduct of their professions, and be liscenced upon proof of such. B) Felonies 1 Except as authorized here, there may be no crimes carrying more than one year in jail. 2 There shall exist a general crime of felony of the following form: It is felony punishable by 1-20 years in prison to knowingly and intentionally do specific harm any specific person or their property, or deprive them of any right to their property; without their consent or due process of law. This provision shall be interpreted in such a way as to give due process rights to the accused when used as a crime. Parlaiment shall have the power to create more specific laws conforming to the patterns of activity encompassed within this crime, and such crimes at common law which do conform are aknowledged and here encompased. 3 Acts of malfeasance of office and crimes against the national security or the function of the judicial system. 4 Treason, which shall constitute the following: Waging war or aiding any group to wage war against the republic or its people, attempting to gain unlawful control of the republic by force, or in aiding the foreign enemies of the republic (though this shall not apply to organizations). 5 Fraud against the government, or resulting in significant loss, or felony (as in section 2 (III.B2) above) committed by fraud. ARTICLE IV: Juciciary and Due Process Rights A) Judiciary 1 The judiciary shall insure that children within the republic have access to safe, modern schools which provide knowledge relevant to their futures and useful as citizens. 2 The trial courts shall have the power to hear all civil and criminal cases brought before them by the state or the citizenry, and to decide such cases in light of precedent and the law, to decide any controversy and to set new precedents for review by the appellate courts, to enforce contracts, to try constitutional right suits, and to decide wrongs which have failed arbitration. 3 The government shall provide that all criminal defendants unable to afford an attorney may have one at state expense with reasonable compensation for costs and fees. 4 The trial and appellate courts shall have the power to issue injunctions and writs of all types. 5 The courts shall have the power to interpret contracts, and bylaws of corporations, and set rules for their enforcement not inconsistent with any other provision of this constitution. 6 The trial courts shall, in all cases except homicide and treason, have the power to impose probation in lieu of jail time provided the public is in no significant danger, the convict agrees to the conditions, and the dictates of fairness can justify it. Sentences of probation shall be appealable. 7 The supreme and appellate courts shall have the power to settle any controversy of law arising in the lower courts or from the ministers appointed by the Council (except those issues reserved to the Prime Minister or the Council elsewhere) or their staff. 8 The Council shall have the power to create additional courts of general jurisdiction. A unanimous vote of the local appelate court with the consent of a majority of Citizen's Advisory Boards in the area of jurisdiction may also create additional courts of general jurisdiction. 9 The Council shall have the power to pardon any case, after it has finished its full cycle of appeals and the conviction appears final, by a 2/3 majority vote. However, this shall not apply to treason, acts of malfeasance of office, or in cases of impeachment, and this shall apply only to the granting of a new trial or the commutation of a sentence to time served plus some lesser number of years not less than one except in cases of grave injustice. 10 The Supreme Court shall have the sole power to interpret this constitution. The Supreme Court shall be bound permanently by those decisions it makes which are affirmed in Parlaiment. 11 In any case before the Supreme Court requiring a determination on reasonableness, morality, community standards, or such other issues as the court may decide are ammenable to jury determination, unless precedent is clearly applicable, the Court shall call a jury to determine the factor and be guided in their leagal reasoning by the result. 12 The general crime of Felony described in Article III chapter B section 1 (III.B1) shall be chargeable only as a lesser included offense of derived crimes as described in Article I, Chapter D, section 6 (I.D6)and crimes at common law; and otherwise only for the sole purpose of the establishment of new crimes within felony at common law. The charging of any provision of article III may similarly be used to establish specific new sub-crimes in the common law. 13 In any charge of a new crime under section 12 (II.I12) the elements to be charged shall be decided by the judge, the jury shall find first whether the conduct described should be illegal, then decide upon guilt or innocence. If the new crime is to be a lesser included offense of a defined crime, the sentence range shall not exceed that of the existing crime. B) Criminal Due Process 1 No person may be arrested arbitrarily or without probable cause, or by any agent of the government who is not a judicial or peace officer under the law; the responsible party shall be liable to compensate all persons wrongly or illegally arrested for actual damages. 2 All persons accused of crimes shall be informed of the crime they are accused of, of the particular circumstances leading to their suspicion of that crime in sufficient detail to be able to answer reasonably, and of their rights at or soon following the time of arrest; and in no case before their interrogation. 3 No person accused of any crime may be deprived of their right to an appropriate attorney of their choice should they request one, from the moment of arrest until conviction or acquittal and again at appeals. Likewise any person who is deaf or does not speak or understand English has the right to an interpreter in the same situations. No person may waive any right of another except for that person's duly authorized attorney. 4 Except when the public is highly likely to be in significant danger from the accused, bail must be granted at an appropriate level to insure both the freedom and the return of the defendant. 5 All persons accused of a crime shall have the right to a fair, impartial trial by jury of members of their own community, in public, with due process of law, as swiftly as can be arranged without impacting fairness. However, all defendants have the right to adequate time, facilities, and leagal process to mount a defense. 6 The prosecutor must prove all elements of the crime in all criminal cases beyond a reasonable doubt by means of witnesses and evidence. The general crime of felony under Article III chapter B section 2 (III.B2) shall be chargeable as a lesser included offense in all crimes derived from it except those carrying a sentence less than one year. The maximum sentence for such a charge will be the minimum sentence of the derived crime. 7 Only relevant evidence which is not hearsay shall be admissible, however, the judiciary shall have the power to create such exceptions to this rule as can be countenanced by fairness. 8 No evidence obtained in violation of the law or this constitution may be admitted as evidence in any trial. 9 All persons accused of crimes shall, at trial, have the right to face their accusers in cross-examination, to challenge any evidence presented, and to bring forth witnesses in their own defense. 10 No person may be forced to bear witness against themself in a criminal trial, and no testimony given in a criminal trial may be used against the witness except to prove perjury, however, discovery shall be reciprocal. 11 Ignorance of the law shall not be a defense to any crime except for violations of the tax code wherein the provisions are not explained in clear layman's terms applicable to the case, and that no person may be convicted of a crime which has not yet become valid under Article I, Section A, chapter 7 (I.A7) 12 The law shall be applied equally in all cases, varying only by the specific facts and adhering to precedent; only precedent in this republic may be considered except in cases of international law, however, decisions in other nations shall be admissible as evidence of possible interpretation of similar laws on appeal. 13 In all cases wherein "jury" is used in a judicial context, it refers to a jury of 12, which must return a unanimous verdict or one with no more than one dissent. If there is one dissent on conviction, the defense shall have right of appeal to another jury, which may finally convict or acquit by the same standard with or without a dissent. 14 In the case of members of the military being tried under military law, the jury shall consist of 12 members of similar rank to the defendant and the judge shall be a member of the military otherwise qualified to be a judge elected to that position by the members of the military. All other protections under this chapter apply equally to members of the military. 15 In all felony cases sentence shall be an indeterminate range, to be set within the range specified for the crime by statute, set by the judge, or if statute permits, the jury, upon a finding of guilt; with the specific sentence within that range to be determined by the parole board at the time of release. If the sentences possible have changed in the time between the act and sentencing, the range shall be that most favorable to the defendant. 16 Each restriction imposed at sentencing shall be seperately argued and all explicitly given in the final sentence by the trial court, and such sentence shall not be increased over that for any reason. 17 No person may be executed as sanction for a crime, nor may they be indentured for the cost of their incarceration, nor may they be tortured, nor may any person be punished for the crime of another; nor may any other cruel and/or unusual punishment be imposed. 18 No person may be deprived of any right under Article I or IV of this constitution as punishment for a crime except those which exempt themselves in the section granting them. 19 No person may be placed twice in jeopardy of their liberty, money or property for the same crime, nor for multiple crimes committed in the same act unless charged at the same time, nor may any person be imprisoned or detained for any purpose other than one provided by law or in contravention of any other provision of this constitution. 20 No person imprisoned may be compelled to labor at less than the reasonable wage due a free man, nor to pay more than the reasonable cost of living at the standard provided for him in his prison had he chosen to live at that standard on the outside, nor of the right to accumulate savings during the period of his incarceration. 21 All prisoners have the right to the strict and unerring protection of the state. To this end, each prisoner shall be furnished with a rulebook, in plain English or if he does not read English in a language he understands, not to exceed 10 pages in length; which shall be strictly and unerringly enforced, and shall contain all regulations placed on prisoners which are not placed on ordinary citizens. 22 The government shall insure that, consistent with and subordinate to all other provisions of this constitution, fair, adequate, and democratic representation is provided of the prisoners in any matter of taxation, legislation, regulation, or administration germane to their interests as a body, and that they shall be granted self- government to the greatest extent which can be reconciled with their situation and the other provisions of this constitution. C) Civil Due Process 1 The right of arbitration shall not be denied any wronged person. 2 All persons who have undergone arbitration shall have redress for any remaining wrong in the civil courts, with the loser paying the cost of the trial and legal fees. 3 All adults with equal bargaining power have absolute freedom to make any contract except one for illegal acts and/or services, and shall have remedy in civil court for any breach. 4 No person denied any right granted under this constitution may be denied their right to seek writs or orders of any type from the judiciary for the enforcement of these rights against the republic, or any person, and to file civil suits to recover any damages without arbitration or limitation of liability. This constitution alone, or in combination with any law or treaty shall be sufficient evidence of the existence of the right and this section of the cause of action. 5 The government shall insure the payment of all civil awards. E) Limitations of Government 1 No person may be charged with, made civily liable for, or incarcerated for any offense which was not a crime at the time of its commission. No law may go into effect before its date of publication in the ordinary sources of law. 2 No person may be convicted of a crime by any means other than a guilty or no contest plea, a trial by jury, or a bench trial at the consent of all parties. 3 The writ of habeas corpus may not be suspended except in time of emergency or war. 4 The republic and its officers shall be subject to the law and the enforcement of their contracts to the same extent as citizens and corporations are, except in the republic's capacities unique to the state. All claims of sovereign immunity are hearby waived with the exception that the republic may not be held liable: for its laws to the extent that they are constitutional, nor to their lawful enforcement, or its actions in war, in any court of the republic. 5 No law or organization sponsored in whole or in part by the government may discriminate against any person on the basis of: Race, color, ethnicity, or genetic makeup Condition of current or former drug use Gender, marital status, gender or sexual preference Religion Political beliefs Physical disability Or such other classes as Parlaiment with the consent of the Council may deem to include. 6 No person may be denied equal status under and the equal protection and benefit of the law and government. F) Interpretation of this Constitution 1 This constitution is to be broadly construed in such a manner that the greatest liberty is afforded the citizen, the least power and the greatest obligation consistant with that power to the government and to incorporate the long-standing traditions developed under it. However, no provision of law or this constitution may be interpreted in a manner inconsistent with the meaning of the words in their context, or their intent, or with the document as a whole, and in all cases, the text shall have precedence; when a more specific power exists, the more general power may not be used. All portions of this constitution are intended to be meaningfull and enforced. 2 Wherein "the government" is used in this document with no more specific reference, the term shall refer to the ordinary valid processes of law making and/or to the agencies and agents which enforce or adjudicate the laws. The pronoun "they" and its derivitives shall constitute both the plural and a gender-neutral singular, and shall not nessiciarily imply plurality. Likewise, the gendered pronouns he, she, and he or she shall not imply any particular gender. 3 The existance of certain rights and duties under this constitution shall not imply that no further rights exist. It is the intent of this constitution to protect all rights and freedoms conducive to a free and democratic society not detrimental to the public good. The existance of a right against the government may imply a similar right against persons under the common law if it would be reasonable to assume such a right. ARTICLE V: Amendment A) Amendments to this Constitution 1 Any member of the Republic Council, upon recipt of a 10% petition requesting amendment, shall have the right to propose amendment to certain sections of this constitution. 2 Upon a 2/3 majority vote of the Council, such proposed amendment may be sent to a consensus committee for drafting, approval, and revision. If approved by the consensus committee, Parlaiment may send it to the people by a 2/3 majority vote of their whole number in which at least one vote in the affirmative is received from each district. 3 If, after sent to the people in the next ballot, a 3/5 majority approve, the amendment shall become a provision of the constitution for ten years. 4 After 10 years the question of the amendment's permanence shall be placed on the ballot, and if a greater majority, of a number not less than the number having voted in favour in the first election on the matter, of the people vote in favor of it, with the Council and Parlaiment's approval, it shall be made a permanent part of this constitution. 5 If either does not approve, the provision shall remain within the constitution non-permanently for an additional 10 years, at which time section 4 (IV.B4) applies again without approval. 6 Any non-permanent amendment to this constitution may be removed by simple process of initiative with the exception that it must be initiated by a 10% petition. 7 To deny force of law to a constitutional interpretation of the Supreme Court, Parlaiment need only vote by a 3/5 majority of their whole number (with the approval of 2/3 of the council if the decision was previously affirmed) to place the item on the next ballot, which, if it gains a majority of the people having voted shall forever barr that interpretation. However, no new provision may be made in this way, and the barr shall only apply to that particular interpretation of that specific provision and shall not barr or suggest any further interpretation of the provision, and that the barring or affirmation of any decision shall not affect the outcome of that particular case. B) Limitations of Amendment, Constitutional Conventions No amendment may be made to this constitution which substantially alters the form of the government or the powers of its branches except by singular addition or subtraction of powers, nor may any amendment be made which addresses more than one basic topic. In addition to this, the following sections have some limitation on their ability to be amended by the ordinary process, to amend a limited section beyond the limitation one must use the process described in Chapter C (V.C) or call a constitutional convention. 1 Article I may not be amended to remove or lessen any right or duty. 2 Article III, chapter B, section 1 and 2 (III.B1-2) and the paragraphs preceeding the first section of Article III chapter A (III.A preamble) may not be amended. 3 Article IV chapters B through E (IV.B-E) may not be amended. 4 Article V may not be amended. 5 No amendment which has previously failed under the process above (V.A1-4) may be made except under the process below (V.C1-4). 5 A constitutional convention may be called by the same process used to make a limited non-permanent amendment to the constitution (i.e. Chapter C sections 1 through 3 (V.C1-3)) with the difference that the question will be, instead of the amendment, "Shall we call a convention to draft a new constitution?" 6 If the question of the convention passes all the tests required of a non-permanent amendment, a special election shall be called, all members of Parlaiment subject to a new election as delegates to a constitutional convention. 7 The delegates to the convention shall have the power to draft an entirely new constitution, and to approve it and send it to the voters by a 2/3 majority. If a majority of the population in 3/4 of all districts not less than a 2/3 majority of the whole number voting approve it, it shall non-permanently become the constitution of the republic. 8 No constitution may be adopted which does not contain the following provision: "After 10 years, all citizens shall vote on whether to retain this constitution or return to the previous constitution as amended. If a majority votes to return to the previous constitution this constitution shall become null and void." Nor may any constitution be adopted which is ratified by any means not including the steps specified in section 6 (V.B6) above. C)Process for Amending Limited Provisions 1 Any provision limited in chapter B above (V.B1-4) with the sole exception of Article V, which may only be changed by constitutional convention, may be amended beyond the limitation, or any amendment which requests itself in the petition to be done by this process, may be amended by the following process. 2 Upon recept of a 10% petition requesting a particular amendment noting itself to be a petition for constitutional amendment under Article V chapter C (V.C), any member of the Republic Council may propose amendment under this process. 3 The Council, by statement of policy, may then call a consensus comittee to draft, review, and amend the proposed amendment, however such comittee shall not have the power to override the presiding member. If the proposed amendment passes review, Parlaiment may send it to to the people by a 3/4 majority vote of the whole number including at least two members from each district. If, after being sent to the people, a 2/3 majority approve, with a majority approving in 3/4 of the districts, the amendment shall become a non-perminant provision of this constitution under Chapter A sections 3-6 (V.A3-6). 4 Article V chapter A section 5 (V.A5) shall not apply to amendments made under this process, if either body disapproves, unless the other body votes by a 3/4 majority of the whole number to block the action, the amendment shall fail. 5 No more than one section at a time may be amended by this process. ARTICLE VI: Graduated Implementation A) Republic Council 1 For the first Republic Council, and all subsequent Councils until 20 Consensus Committees and three sessions of Parlaiment have been called, no requirement other than being a voting aged citizen shall apply. However, the consensus committee and prior office requirements shall apply for re-election. 2 In the first election after the ratification of this constitution, the entire Republic Council shall be elected, with the members having the top 4 mandates recieving a term of 3 years, the next 4 a term of 2 years, and the last 4 a term of 1 year. In cumulative voting for each issue, in the first year the top 3 mandated members shall have 40 votes each, the next three shall have 30 votes each, the next 3 shall have 20 votes each, and the last 3 10 votes each. In the next year, the top 2 mandates shall have 40 votes each, the next 2 shall have 30 votes each, the next 2 shall have 20 votes each, and the next 2 shall have 10 votes each, the remaining 4 having been subject to the normal electoral process, receive the normal numbers assigned by Article II, Chapter B, section 15 (II.B15). In the last year of the first term, the remaining 4 original members shall have 40, 30, 20, and 10 votes, respectively in order of their mandate in the original election, the remainder having been subject to the normal electoral process. 3 At least 16 people and no more than 5 candidates from each party must run in any election under the preceeding section (VI.A2) for such election to be valid. 4 Members of the Republic Council elected to a term of one year shall be elegible to serve 3 full terms, provided the total does not exceed 10 years and 6 months. 5 Should more than 6 members of the Council need replacement for any reason at any one election, sections 2 and 3 apply (VI.A2-3) with all remaining eligible members of the Council running again at this election. Members who have resigned may not run for the same office in the following election. 6 For the first five years after the adoption of this constitution, the creation of authorizing and organizing legislation shall not be considered a "legislative purpose" for purposes of Article II, Chapter D, section 1 (II.D1) B) Judiciary 1 Until there are 10 trial courts, the Supreme Court shall serve as sole court of appeals. 2 When the Supreme Court is the sole court of appeals, the Council may appoint any member of the judiciary to the Supreme Court, for confirmation by the judges at 4 year intervals except when section 3 applies (VI.B3). 3 If there are fewer than 7 trial courts, all trial court judges sitting together en banc shall comprise the Supreme Court and court of appeals, with the most junior member's vote counted as .9 of a vote in case of tie. 4 When there are fewer than 3 appeals courts, the requirement of being an appeals court judge to become a justice is lifted. One instead need only meet the requirements for an appeals court judge, or, in the first 4 years of the republic, simply a judge.. C) Amendment 1 There shall be no amendments to this constitution for 11 years after its ratification. 2 However, a constitutional convention may be called or a previous constitution adopted by simple initiative (with a 10% threshold) on the tenth year after its ratification. 3 This document will be considered ratified if the existing governmental structure (if any) approves it, a majority of voting citizens approves it at the first election and a greater number and majority approve it 10 years later. 4 This constitution shall go into full effect immediately following the first election of Parlaiment and the Republic Council, to be conducted no more than 12 months and no less than 1 month after the ratification of this constitution under Chapter C above, preferably on the date of the next required election. 5 In the event that no consensus comittee returns successfully before the tenth year of the republic when more than 20 comittees have been called, A constitutional amendment to strike Article II chapter C sections 2 through 16 and replace them with a more suitable legislative process may be made without the consensus comittee step. D) Parlaiment 1 If the total number of voting aged citizens in the republic is ever less than 2,000 then no Parlaimentary body is necessary and the powers of Parlaiment vest in the Republic Council, the power to approve or disapprove a consensus committee result shall vest in the board of Selectors, as shall the power to advise and consent to treaties and Supreme Court appointments. 2 If the population is less than 100,000 then Parlaiment shall consist of only 25 members representing 5 districts the quorum in such a Parlaiment shall be 12 members. 3 If the population is greater than 2 million, the number of members of Parlaiment shall expand to 250, representing 50 districts, the quorum in such a Parlaiment shall be 110 members. 4 The provisions requiring laws to be enacted under this constitution shall not go into effect until at least one such law meeting the required standard has been enacted, and judged constitutional for the provision so requiring, unless an accepted common law protection exists, in which case the provision shall require that no law remove the common law protection without substituting a legislative law. This provision may be overriden by superstatute. 5 All time limits on consideration by all bodies shall be extended to the amount of time reasonably nessicary for their consideration for the first 10 years of the Republic. ARTICLE VII: Name, Flag, and Location of the Republic 1 The name of the republic shall be:... 2 The flag of the republic shall consist of:... 3 The republic shall contain the following territory:... 4 Parlaiment, with the approval of the Republic Council and a majority of the voters in the region, may add any territory to that listed in section 3 (VI.3). 5 Upon receiving a 5% petition of the population of a district requesting such, a member of Parlaiment for that district shall propose that the district or some territory within it be allowed to leave the republic, if a majority vote in favor, a special election shall be held. If a majority of the people voting nationwide, and a 2/3 majority of people in the territory leaving vote in favor, the area shall be allowed to leave the republic and become independent or join some other state. 6 The capitol of the republic shall be its seat of government, and shall be located in the largest city in the republic. The main offices of all national governmental agencies, plus Parlaiment, the Council, the Board of Selectors, and the Supreme Court shall all be located in the capitol at a set of places therin to be determined by law. ARTICLE VIII: Signatures and dedication Dedicated from totality, this night of the crimson moon, the 20th of January, 2000 X____________________ Jack Durst, author Brought forth for ratification this ___ day of _______, 20__ X________________ Jack Durst, author