Constitution of a model republic

Under construction

This page is currently under construction, for now, a text-version of the constitution has simply been pasted into the page, a fully linked hypertext version is coming soon.

Click here to skip down to the links

The Proposed Constitution

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
Home
The introduction and homepage of this site.
The arguements for my constitution
An introduction to the theory and practice of constitutional government, in the form of an arguement for the proposed system.
Links
To other online resources of interest to those studying constitutional and revolutionary theory.
A revolutionary reader
A list of those books I've found invalueable in thinking and debating political philoisophy and economy.

Copyright 2000 Jack Durst, last modified 7/22/2000: 3:33PM PDT