Final Draft (I think)

                      Constitution of the Federation

 

KNOW THAT BEFORE GOD, for the good of our souls and those of our ancestors and heirs, in order to ensure justice and peace among our peoples, to ensure to future posterity the blessings of our faith and culture, to prevent future tyranny and oppression, to the honour of God and the exaltation of His Holy Church, we set out the following in a Constitution.

ARTICLE I – Rights & Liberties

SECTION I

That it is granted, in perpetuity, that all men shall be free and shall have all their Rights and Liberties undiminished or unimpaired, for them and their heirs for ever.

SECTION II

All men are born equal in dignity and honour. They are endowed, by God, with reason and conscience and should act towards one another in a spirit of brotherhood.

SECTION III

Everyone’s right to life shall be protected by Law, whether born or unborn. No one shall be deprived of his life intentionally save in the execution of a sentence of a Court following his conviction of a crime for which this penalty is provided by Law.

SECTION IV

No one shall be subjected to torture or cruel and unusual punishments.

SECTION V

No one shall be held in slavery; slavery and the slave trade shall be prohibited in all their forms, including usury. No one shall be required to perform forced or compulsory labour, save in the execution of a sentence of a Court, following his conviction of a crime for which this penalty is provided by Law.

SECTION VI

Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. The right to own, maintain, use, protect, and dispose of private property will not be infringed,nor shall private property be taken for public use.

SECTION VII

No Law abridging the freedom of speech; or the right of the people peaceably to assemble, or to petition Government for a redress of grievances, shall be made. Excepting if it is as an overt part of an incitement to violence, armed riot or insurrection.

SECTION VIII

Freedom to travel without passport or visas or other forms of registration, between, among or within Cantons shall not be infringed. This does not however imply the right to live or settle in any Canton.

SECTION IX

The right of the people to be secure in their persons, property, homes, papers, communications, stored information and effects, against unreasonable searches, monitoring, interception and seizures, shall not be violated, whether by Government or private parties, and warrants shall only be issued for probable cause, supported by oath or affirmation, and describing the person, place or thing to be monitored, intercepted, searched or seized.

SECTION X

The right of the people to keep and bear arms, shall not be infringed;

SECTION XI

The right of peaceful self-determination for minorities and dissenters shall not be infringed;

SECTION XII

No man shall be held to answer for a crime, unless indicted; nor shall any man shall be tried for the same offence twice, nor be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without the due process of law.

SECTION XIII

In all criminal prosecutions, excepting impeachment, the accused shall have the right to a speedy and public trial, by an impartial jury within the community the crime has been committed, and to be informed of the accusation; to be confronted with the witnesses against him; to obtain witnesses in his favour, and to have legal assistance for his defence. But when not committed within any Canton, the trial shall be at such place or places as the General Assembly may by Law have directed.

SECTION XIV

The privilege of the writ of Habeas Corpus shall not be suspended.

SECTION XV

For a trivial offence, a man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. No fines shall be imposed except by the assessment of a jury.

SECTION XVI

Senators shall be fined only by their equals, and only in proportion to the gravity of their offence.

SECTION XVII

Excessive bail shall not be required.

SECTION XVIII

In civil suits where the value in contention shall exceed an amount fixed by Law, the right of trial by jury shall be preserved, and shall not be re-examined in any other Court, than according to law.

SECTION XIX

All men may enter or leave this Federation unharmed and without fear, except in time of war, for some short period, for the common benefit of all. People that have been Lawfully imprisoned or outlawed, or those described in Article II, or people from a country that is at war with us – are excepted from this provision.

SECTION XX

The people shall always have the right to review, reform, change or abolish this Constitution.

ARTICLE II – PROHIBITIONS

SECTION I

No one of any other race, creed or ethnicity shall be permitted to settle in our Federation. They shall not be able to hold any Rights to any land, they shall not own, control, be involved or influence, in any way, a company, business, corporation or any part of government. They shall be prohibited from involvement in our media, entertainment, news outlets, educational facilities or politics, whether sought or unsought. Although we welcome those who wish to study, travel and learn, no alien, no matter how decent, shall be allowed asylum or residence in this Federation for any reason and the Rights and Liberties described in this Constitution shall not apply to any alien.

SECTION II

Censorship being sometimes necessary for the common good, shall be within the powers of the Consulate, overseen by the General Assembly.

SECTION III

The organisation of political parties is prohibited, party and strife have caused much damage to our people, to prevent further damage no political party shall be organised.

ARTICLE III – THE FEDERATION

The organs of the Federation shall be:

The General Assembly;

The Consulate;

The Supreme Court;

The Tribune;

The Civil Service;

The Cantons.

ARTICLE IV – GENERAL ASSEMBLY

SECTION I

To obtain the general consent of the people, Senators and Delegates shall be summoned to a General Assembly. All legislative powers shall be vested in a General Assembly, which shall consist of a Senate and a House of Delegates.

SECTION II – THE HOUSE OF DELEGATES

The House of Delegates shall be composed of members chosen every third year by the Cantons, the manner of the elections shall be decided by each Canton.

Delegates shall be at least twenty-five years old, and when elected, be an inhabitant of the Canton for which he shall be chosen.

Each Canton shall be entitled to one vote in the House of Delegates

When vacancies happen in the Delegation from any Canton, that Canton may fill such vacancies as it sees fit.

The House of Delegates shall choose their speaker and other officers; and shall have the sole power of impeachment over them.

SECTION III – THE SENATE

The Senate shall be composed of appointed Senators.

The Senate shall choose their speaker and other officers.

The Senate shall have the sole power to try all Federal impeachments. When sitting for that purpose, they shall be on oath or affirmation. When one of the Consuls is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit within the Federation: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

SECTION IV – ELECTIONS, MEETINGS, MEMBERSHIP

The times, places and manner of holding elections for Delegates, shall be prescribed in each Canton by the assembly thereof.

Each Canton may choose however many Delegates they wish, the Delegation shall attend the General Assembly and each Delegate may speak in the House of Delegates, however, each Delegation shall be entitled to only one vote, no matter how populous or large that Canton may be. The House of Delegates may allow delegations from non-Cantonal organisations, they shall have all the Rights and privileges as all other Delegations.

Senators shall be appointed to an open-ended term, they may serve as long as they feel able. When they do retire or die, they may choose as their successor any other man and the Senate need only confirm this choice by simple majority. If the Senate does not approve, his second choice shall be considered and so on, until the Senate agrees to a successor. When a Senator dies and has no will or testament, the Senate shall offer the position to one of his family or friends who shall be suitably virtuous and God-fearing. If a Senator is impeached and convicted, he shall be removed from office and the position shall be offered to whomever the Senate feel is appropriate for the position. The numbers of Senators may be increased from the present level, however, the Senate must agree by two-thirds for each new Senator, and once created, those Senators shall be like the original number of Senators and shall have all the same Rights and privileges.

SECTION V

The General Assembly shall meet at least once in every year, on a day that they shall appoint by law.

SECTION VI – MEMBERSHIP, RULES, JOURNALS, ADJOURNMENTS

A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day-to-day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.

Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member.

Each House shall keep a journal of its proceedings, and shall publish them, excepting such parts as may in their judgment require secrecy; and the votes of the members of either house on any question shall be entered in the journal.

Neither House, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

SECTION VII – PRIVILEGE

Members of the General Assembly shall be privileged from arrest during their attendance of their respective Houses and in going to and returning from the same, in all cases, except treason, felony and breach of the peace. No member of the General Assembly shall be questioned or indicted for any speech or debate in either House.

No Delegate, Senator, Supreme Court Justice, Tribune or Consul shall, during the time in which he serves in these positions, be appointed to any civil office of the Federal Government; and no person holding any civil office, shall be a member of the General Assembly, the Supreme Court, the Tribune or the Consulate during his employment.

SECTION VIII – LEGISLATIVE PROCESS, VETO

Every bill, order, resolution, or vote to which the concurrence of the General Assembly may be necessary, except on a question of adjournment, shall be presented to the Consulate ; if they approve, they shall sign it, but if not they shall return it, with their objections to the House in which it originated. That House shall proceed to reconsider it. If after such reconsideration two-thirds of that House shall agree to pass the bill, order, resolution, or vote, it shall be sent, together with the objections, to the other House, which shall likewise reconsider the bill, order, resolution, or vote and if approved by two-thirds of that House, it shall be passed. If within ten days, any bill is not returned by the Consulate, it shall be law, as if they had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall not be law.

All acts of the General Assembly, once approved by the Consulate, excepting adjournments, appointments and other procedural acts, can be put to a referendum; if one fifth of the eligible voters of the Federation, or one-third of the Cantons, request it within one hundred days of the passing of the act. Referenda shall take place in as speedy a manner as is allowed. If a majority of the voters and Cantons approve, it shall pass, if not, that act shall not pass.

SECTION IX – POWERS & RESPONSIBILITIES

The General Assembly shall have power;

To lay and collect tax to provide for the general welfare of the Federation; however all tax shall be uniform throughout the Federation;

Establish, issue and regulate currency, credit and exchange; regulate financial, banking, credit and insurance institutions so that they shall be designed to serve the peoples needs;

Establish universal standards for weights, measures, accounting and records;

Establish uniform laws on the subject of bankruptcies throughout the Federation;

To provide for the punishment of counterfeiting the securities and currency of the Federation;

Make treaties and regulate commerce with foreign states, and within the Federation;

Establish, alter, abolish or consolidate such ministries, commissions, corporations, administrations, agencies or other parts of the Government as may by needed to carry out any and all of the functions and powers of the Government, subject to the specific provisions of this Constitution;

To approve the appointments of the heads of all major ministries, commissions, offices, agencies and other parts of the several organs of the Government, except those chosen by electoral or Civil Service procedures;

To remove from office for cause any member of the Consulate, and any elective or appointive head of any organ, department, office, agency or other part of the Government, subject to the specific provisions in this Constitution concerning specific offices;

Coordinate among the Cantons, the rules of immigration, residence and naturalisation;

Promote the progress of science and useful arts;

Plan for and regulate the development, use and conservation of the environment as the common heritage of all men, protecting the environment for the benefit of both present and future generations;

Own, administer and supervise the development and conservation of the oceans and sea-beds and all resources thereof, and protect them from damage;

Provide assistance in the event of large-scale calamities, ecological disruptions and other disasters;

Guarantee and enforce the individual and communal Rights and Liberties which are defined in this Constitution;

To prepare and enact detailed legislation in all areas of authority and jurisdiction to the Government under this Constitution;

To amend or repeal laws as may be found necessary or desirable;

To review, amend and give final approval to each budget for the Government, as submitted by the Consulate and to appropriate and allocate funds for all operations and functions of the Government in accordance with approved budgets, but subject to the right of the General Assembly to revise any appropriation not yet spent or contractually committed;

Provide for the examination and assessment of technological innovations, to determine possible hazards or perils to men or the environment; institute such controls and regulations of technology as may be found necessary to prevent or correct widespread hazards or perils to public health and welfare;

Exercise exclusive jurisdiction and control over nuclear energy research, testing and nuclear power production, including the right to prohibit any form of nuclear testing or production considered hazardous;

Prohibit and eliminate the design, testing, manufacture, sale, purchase, use and possession of weapons of mass destruction;

Prevent wars and armed conflicts among the Cantons, regions, districts, parts and peoples of the Federation and provide the means for peaceful and just solutions of disputes and conflicts among or between Cantons, peoples, and/or other components within the Federation;

Define and punish piracies and felonies committed, and offences against the laws of nations;

Declare war, grant letters of marque and reprisal, and make rules concerning captures;

Provide and maintain a navy, and make rules and regulations for its governance;

Provide for calling forth the militia to execute Federal laws, suppress insurrections and repel invasions and to provide for organizing, training, arming, governing and disciplining the militia when employed in Federal service, reserving to the Cantons respectively, the appointment of the officers;

To exercise exclusive legislation over all property purchased by the Federation with the consent of the Canton in which the purchased property shall be; and

To make all laws, regulations and directions which shall be necessary and proper for carrying into effect the foregoing powers, and all other powers vested by this Constitution in the Federal Government, or in any ministry or officer thereof.

SECTION X – WAR

All acts of war by the Federation, except in the repelling of an immediate invasion or attack, must be established through a declaration of war issued by the General Assembly, as well as a referendum of all eligible voters. All able-bodied citizens who vote for war must enlist in the military.

Every war, excepting that which shall repel an immediate attack or invasion, shall be funded through a war tax, which shall be laid equally from every voter.

At times of official peace, the decision to aid, assist, or oppose any foreign Government or revolutionary movement will be reserved to the people, as individuals.

SECTION XI – LIMITATIONS TO THE GENERAL ASSEMBLY

No money shall be spent, without an appropriation made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published.

No tax shall be laid on incomes, capital gains, inheritances, property or gifts of an individual or family.

No tax can be laid if not for the general common good.

No borrowing of any money shall be done at any time, or for any purpose; no Government has the right to enslave its citizens to usurers and banking interests or to extract tax for the purpose of interest payments.

No bill of attainer or ex post facto Law shall be passed.

No Law shall be made, which shall imperil the Rights of Cantons to decide their own laws of immigration, residence and naturalisation.

No bill shall be drawn, unless it deals with one subject only, each bill shall be concise and easy to read and understand;

No Law shall grant copyrights or patents, or recognize their legitimacy.

ARTICLE V – EXECUTIVE

SECTION I – THE CONSULATE

Executive power is vested in the Consulate, which shall consist of nine Consuls. They shall hold their office during good behaviour and be elected, as follows:

In consequence of the resignation, retirement, death or removal for cause of a sitting Consul, each House of the General Assembly shall appoint, in such manner as they may direct, a number of Electors, not exceeding twelve each;

The Electors shall meet in conclave and by unanimity, select a man of good repute to serve as Consul.

The chosen Consul may be any man of good repute, and he may sit as Consul until he may resign, retire, die or be removed for cause by the General Assembly.

The decisions of the Consulate shall be taken collectively, on the basis of two third majority decisions.

The members of the Consulate at all times shall be responsible both individually and collectively to the General Assembly.

SECTION II – POWERS, CABINET, PARDONS, HONOURS, APPOINTMENTS

The Consulate shall have power;

To make treaties, provided two-thirds of the General Assembly concur;

To appoint a Commander-in-Chief of the navy and the militias of the Cantons, when called into the service of the Federation, who shall be approved by the General Assembly, excepting in cases of immediate attack or invasion;

To implement the Law as defined in the Constitution;

To implement legislation enacted by the General Assembly;

To propose and recommend legislation for enactment by the General Assembly;

To convene the General Assembly in special sessions when necessary;

To supervise the Civil Service all of the ministries, offices and agencies thereof;

To nominate, select and remove the heads of various organs, branches, ministries, offices, commissions, agencies and other parts of the Government, in accordance with the provisions of this Constitution and as specified in measures enacted by the General Assembly;

To require the opinion, in writing, or otherwise of the ministers, upon any subject relating to the duties of their respective offices;

To prepare and submit annually to the General Assembly a comprehensive budget for the operations of the Government;

To define and propose priorities for legislation and budgetary allocations;

To be held accountable to the General Assembly for the expenditures of appropriations made by the General Assembly in accordance with approved budgets, subject to revisions approved by the General Assembly;

To nominate, and with the advice and consent of the General Assembly, to appoint ambassadors, ministers, Judges, and all other officers of the Federation, whose appointments are not provided for in this Constitution, and which shall be established by law: but the General Assembly may vest the appointment of such inferior officers, as they think proper, in the Consulate, the Courts of Law, or in the ministers.

The Consulate shall have power to fill up all vacancies that may happen during the recess of the General Assembly, by granting commissions which shall expire at the end of their next session.

Each Consul shall have power to grant reprieves and pardons for offences against the Federation, except in cases of treason and impeachment.

Each Consul shall have the power to knight other men for acts of greatness, courage, valour, piety or daring. Other titles and awards as may be established, shall likewise, be the gift of each individual Consul.

SECTION III – DISQUALIFICATION

Members of the Consulate may be removed for cause, either individually or collectively, by a two-thirds majority vote of each of the two houses of the General Assembly.

SECTION IV – LIMITATIONS OF POWER

The Consulate shall not at any time alter, suspend, abridge, infringe or otherwise violate any provision of this Constitution or any legislation or Law enacted or approved by the General Assembly in accordance with the provisions of this Constitution.

The Consulate may not act contrary to decisions of the Courts.

The Consulate shall be bound to faithfully execute all legislation passed by the General Assembly in accordance with the provisions of this Constitution, and may not impound or refuse to spend funds appropriated by the General Assembly, nor spend more funds than are appropriated by the General Assembly.

The Consulate may not transcend or contradict the decisions or controls of the General Assembly, the Supreme Court or the provisions of this Constitution by any device of Executive order or Executive privilege or emergency declaration or decree.

ARTICLE VI – THE JUDICIARY

SECTION I – SUPREME COURT

The judicial power of the Federation, shall be vested in one Supreme Court and in such inferior Courts as the General Assembly may ordain and establish, the Supreme Court shall consist of at least eight benches.

SECTION II – SCOPE OF POWER

The Supreme Court, together with such regional and district Courts as may be established, shall have mandatory jurisdiction in all cases, actions, disputes, conflicts, violations of law, civil suits, guarantees of civil and Human Rights, Constitutional interpretations, and other litigations in Law, arising under the provisions of this Constitution, the Laws of the Federation, and treaties made, or which shall be made; to all cases affecting ambassadors, other public ministers and Consuls; to all cases of admiralty and to controversies to which the Federation shall be a party.

SECTION III – ORIGINAL JURISDICTION

In all cases affecting ambassadors, other public ministers and Consuls, and those in which a Canton shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, they shall have appellate jurisdiction, with such exceptions, and under such regulations as the General Assembly shall make.

SECTION IV – BENCHES OF THE SUPREME COURT

The benches of the Supreme Court and their respective jurisdictions shall be as follows:

Bench for Human Rights: to deal with issues of Human Rights arising under the guarantee of Civil and Human Rights provided by this Constitution, and arising otherwise under legislation and the body of Law approved by the General Assembly.

Bench for Criminal Cases: to deal with issues arising from the violation of laws and legislation by individuals, corporations, groups and associations, but not issues primarily concerned with Human Rights.

Bench for Civil Cases: to deal with issues involving Civil Law suits and disputes between individuals, corporations, groups and associations arising under legislation and Law and the administration thereof.

Bench for Constitutional Cases: to deal with the interpretation of the Constitution and with issues and actions arising in connection with the interpretation of the Constitution.

Bench for Inter-Cantonal Conflicts: to deal with disputes, conflicts and Legal contest arising between or among the Cantons of the Federation.

Bench for Public Cases: to deal with issues not under the jurisdiction of another bench arising from conflicts, disputes, civil suits or other Legal contests between the Government and corporations, groups or individuals, or between Cantonal governments and corporations, groups or individuals in cases involving legislation and Law.

Appellate Bench: to deal with issues involving legislation and Law which may be appealed from Cantonal Courts; and to decide which bench to assign a case or action or litigation when a question or disagreement arises over the proper jurisdiction.

Advisory Bench: to give opinions upon request on any Legal question arising under Law or legislation, exclusive of contests or actions involving interpretation of the Constitution. Advisory opinions may be requested by any House or committee of the General Assembly, by any Consul, any ministry, the office of the Attorney General, the Tribune, or by any agency of the Government.

Other benches may be established, combined or terminated upon recommendation of the Collegium of Judges with approval by the General Assembly; but benches number one through eight may not be combined nor terminated except by amendment of this Constitution.

SECTION V – THE COLLEGIUM OF JUDGES

A Collegium of Judges shall be established by the General Assembly. The Collegium shall consist of a minimum of twenty member Judges, and may be expanded as needed but not to exceed sixty members.

The Judges to compose the Collegium of Judges shall be nominated by the Consulate and shall be elected by plurality vote of the General Assembly. The Consulate shall nominate between two and three times the number of Judges to be elected at any one time. Elections to the Supreme Court shall happen every five years, replacing one-third of the Judges of the Supreme Court.

The term of office for a Judge shall be fifteen years, except that the terms for the initial membership shall be staggered by lot, with one-third of it, ceasing from office and being replaced every fifth year. Successive terms may not be served.

The Collegium of Judges shall elect a Presiding Council of Judges, consisting of a Chief Justice and four Associate Chief Justices. Members of the Presiding Council of Judges shall serve five-year terms on the presiding council, and may serve two successive terms, but not two successive terms as Chief Justice.

The Presiding Council of Judges shall assign all Judges, including themselves, to the several benches of the Supreme Court. Each bench shall have a minimum of three Judges, except that the number of Judges for Benches on Inter-Cantonal conflicts, and the Appellate Bench, shall be no less than five.

The member Judges of each bench shall choose annually a Presiding Judge, who may serve two successive terms.

The members of the several benches may be reconstituted from time to time as may seem desirable or necessary upon the decision of the Presiding Council of Judges. Any decision to re-constitute a bench shall be referred to a vote of the entire Collegium of Judges by request of any Judge.

Any Judge may be removed from office for cause by a two – thirds majority vote of the each house of the General Assembly

If a Justice resigns, dies or is removed for cause before his term has expired, the Consulate shall choose a replacement, to be confirmed by the General Assembly, the replacement shall only serve the remainder of the term of the Justice he shall replace.

Qualifications for Judges of the Supreme Court shall be at least ten years of Legal or juristic experience, minimum age of thirty years, and evident competence in Law and the Humanities.

The salaries, expenses, remuneration and prerogatives of the Judges shall be determined by the General Assembly, and shall be reviewed every five years, but shall not be changed to the disadvantage of any Judge during a term of office. All members of the Collegium of Judges shall receive the same salaries, except that additional compensation may be given to the Presiding Council of Judges.

Upon recommendation by the Collegium of Judges, the General Assembly shall have the authority to establish regional and district Courts below the Supreme Court, and to establish the jurisdictions thereof, and the procedures for appeal to the Supreme Court or to the several benches thereof.

The detailed rules of procedure for the functioning of the Supreme Court, the Collegium of Judges, and for each bench of the Supreme Court, shall be decided and amended by absolute majority vote of the Collegium of Judges.

SECTION VI – BINDING DECISIONS

Decisions of the Supreme Court shall be binding on all parties involved in all cases, actions and litigations brought before any bench of the Supreme Court for settlement. Each bench of the Supreme Court shall constitute a Court of highest appeal.

ARTICLE VII – THE TRIBUNES

SECTION I – FUNCTIONS AND POWERS OF THE TRIBUNE

The functions and powers of the Tribune, as public defender, shall include the following:

To protect the people against violations or neglect of universal Human and Civil Rights which are stipulated in this Constitution.

To protect the people against violations of this Constitution by any official or agency of the Government, including both elected and appointed officials or public employees regardless of organ, ministry, office, agency or rank.

To promote the welfare of the people by seeking to assure that no institution becomes too powerful and seeking remedy if they are.

To keep on the alert for perils arising from technological innovations, environmental disruptions and other diverse sources, and to launch initiatives for correction or prevention of such perils.

To ascertain that the administration of otherwise proper Laws, ordinances and procedures of the Government do not result in unforeseen injustices, or become stultified in bureaucracy or the details of administration.

To receive and hear complaints, grievances or requests for aid from any person, group, organization, association, body politic or agency concerning any matter which comes within the purview of the Tribune.

To request the office of the Attorney General or any Cantonal attorney to initiate Legal actions or Court proceedings whenever and wherever considered necessary or desirable in the view of the Tribune.

To directly initiate Legal actions and Court proceedings whenever the Tribune deems necessary.

To review the functioning of the ministries, offices, commissions, organs and agencies of the Government to ascertain whether the procedures of the Government are adequately fulfilling their purposes and serving the welfare of the people in optimum fashion, and to make recommendations for improvements.

To present an annual report to the General Assembly and to the Consulate on the activities of the Tribunes, together with any recommendations for legislative measures to improve the functioning of the Government for the purpose of better serving the welfare of the people.

SECTION II – COMPOSITION OF THE TRIBUNE

The Tribune shall be headed by a Council of Tribunes of five members, one of whom shall be designated as Principal Tribune, while the other four shall each be designated as an Associate Tribune.

Members to compose the Council of Tribunes shall be chosen by lot from all the men of the Federation. when one is selected by lottery, he shall be offered the office of Tribune, if he shall refuse, another man shall be chosen by lot until all positions are taken.

The term of office for a Tribune shall be ten years.

The position of Principal Tribune shall be rotated every two years. the order of rotation shall be determined by the Council of Tribunes.

The Council of Tribunes shall be assisted by a Commission of Advocates of twenty members. members for the Commission of Advocates shall be nominated by the Council of Tribunes and approved by the General Assembly. Advocates shall serve terms of five years, and may serve a maximum of four successive terms.

Any Tribune and any Advocate may be removed from office for cause by an absolute majority vote of the General Assembly.

Qualifications for advocate shall be at least thirty years of age, at least five years Legal experience, and education in Law and other relevant education.

ARTICLE VIII – THE CIVIL SERVICE

SECTION I – FUNCTIONS OF THE CIVIL SERVICE

The Civil Service shall be organized to carry out the detailed and continuous administration and implementation of legislation and Law.

The Civil Service shall be under the direction of the Consulate, and shall at all times be responsible to the them.

The Civil Service shall be organized so as to give professional continuity to the work of administration and implementation.

SECTION II – STRUCTURE OF THE CIVIL SERVICE

The Civil Service shall be composed of professionally organized ministries and other agencies in all areas of activity requiring continuity of administration and implementation by the Government.

Each ministry or major agency of the Civil Service shall be headed by a minister.

Each ministry or major agency of the Civil Service shall have as Chief of Staff a senior civil servant, who shall assist the minister and supervise the detailed work of the ministry or agency.

Each senior civil servant shall be nominated by the minister of the particular ministry or agency from among persons in the senior lists of the Civil Service administration, as soon as senior lists have been established by the Civil Service administration, and shall be confirmed by the Consulate. temporary qualified appointments shall be made by the ministers, with confirmation by the Consulate, pending establishment of the senior lists.

There shall be a Secretary General of the Civil Service, who shall be nominated by the Consulate and confirmed by absolute majority vote of the General Assembly.

SECTION III – PROCEDURES OF THE CIVIL SERVICE

The functions and responsibilities of the Secretary General of the Civil Service shall be to assist in coordinating the work of the senior civil servants of the several ministries and agencies of the Civil Service. The Secretary General shall at all times be subject to the direction of the Consulate, and shall be directly responsible to the Consulate.

The employment of any senior civil servant and of the Secretary General may be terminated for cause by the Consulate, but not contrary to Civil Service rules which protect tenure on grounds of competence.

Each minister of a ministry or agency of the Civil Service, shall provide continuous liaison between the particular ministry or agency and the General Assembly, he shall respond at any time to any questions or requests for information from the General Assembly, including committees of either house of the General Assembly and shall prepare an annual report for the particular ministry or agency, to be submitted both to the Consulate and to the General Assembly.

The Consulate, in cooperation with the particular ministers in each case, shall be responsible for the original organization of each of the ministries and major agencies of the Civil Service.

The assignment of legislative measures, Constitutional provisions and areas of Law to particular ministries and agencies for administration and implementation shall be done by the Consulate, unless specifically provided in legislation passed by the General Assembly.

The Consulate, may propose the creation of other ministries and agencies to have ministerial status; and may propose the alteration, combination or termination of existing ministries and agencies of ministerial status as may seem necessary or desirable. any such creation, alteration, combination or termination shall require a simple majority vote of approval of the Houses of the General Assembly.

The General Assembly by absolute majority vote of the Houses may specify the creation of new ministries or agencies of ministerial status in the Civil Service, or may direct the Consulate to alter, combine, or terminate existing ministries or agencies of ministerial status.

The Consulate may not create, establish or maintain any administrative or Executive ministry or agency for the purpose of circumventing control by the General Assembly.

ARTICLE IX – THE CANTONS

SECTION I – EACH CANTON TO HONOUR ALL OTHERS

Full faith and credit shall be given in each Canton to the public acts, records, and judicial proceedings of every other Canton and the General Assembly may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.

SECTION II – SOVEREIGNTY

Each Canton is independent and sovereign. It retains all such freedoms, powers, jurisdictions, Rights and privileges not expressly Delegated to the Federation. Each Canton has the right of secession from the Federation at any time and for any reason, providing that the voters of the Canton have voted by two-thirds in favour in a referendum. Each Canton shall have power to govern itself.

SECTION III – CANTON CITIZENS, EXTRADITION

Anyone charged in any Canton with any crime, who shall flee from justice, and be found in another Canton, shall be removed to the place with jurisdiction of the crime, on the demand of the Executive authority of that place from which he fled.

SECTION IV – NEW CANTONS

New Cantons may be admitted into this Federation; but no new Cantons shall be formed or erected within the jurisdiction of any other Canton; nor any Canton be formed by the junction of two or more Cantons, or parts of Cantons, without the consent of the Cantons concerned as well as of the eligible voters concerned, by referendum. Each Canton may adopt a Constitution. This requires the approval of the people and must be capable of being revised if the majority of the people so request.

SECTION V – RIGHTS OF CANTONS AND THE FEDERATION

The Federation shall respect, and guarantee in Law, the autonomy of the Cantons.

The Federation shall assure freedom to the member Cantons of the Federation to determine their internal political systems, consistent with the guarantees and protections given under this Constitution to assure Civil Liberties and Human Rights and otherwise consistent with the provisions of this Constitution.

The principle of subsidiarity shall be observed in the allocation and performance of all tasks.

The Cantons shall have the right to restrict the right of settlement to non-Cantonal citizens. Each Canton and the people thereof, shall have the right to seek the self-preservation of their identity, their ethnicity, language and culture, and so may restrict immigration into their Canton as they see fit. No Federal Law may imperil this right.

The Federal Government may participate in such organisations or institutions within the scope of its powers, only at the request of the Cantons concerned.

Agreements between Cantons must not be contrary to the law, to the interests of the Federation or to the Rights of other Cantons. the Federation must be notified of such agreements.

Federal Law shall be implemented by the Cantons in accordance with this Constitution and Federal legislation, Federal Law shall take precedence over any conflicting provision of Cantonal law and Cantons shall comply with inter-Cantonal law.

The Cantons shall be Consulted by the Federal Government on policy decisions that affect their powers or their essential interests and they shall be informed fully and in good time.

The Federation shall allow the Cantons all possible discretion to organise their own affairs and shall take account of Cantonal particularities.

The Cantons may authorise inter-Cantonal organisations and institutions, by treaty, to issue legislative provisions implementing a treaty, provided this treaty has been approved according to the same procedure that applies to legislation and determines the fundamental substance of the subject matter.

Cantons may designate official languages. In order to preserve harmony between communities, they must respect the territorial distribution of languages, and consider the linguistic minorities.

Cantons may be known or referred to differently in other languages.

SECTION VI – MILITIAS AND DEFENCE

Each Canton shall organise a militia.

Militias, being the guarantee of a free people, shall be the primary unit of defence for the Federation, the militias shall, if necessary, execute Cantonal and Federal laws, suppress insurrections and repel invasions.

Every man must render military service as part of a militia, the Law may provide for an alternative service. Any man who renders neither military nor alternative service shall owe a tax. This tax is levied by the Federation and is assessed and collected by the Cantons.

Cantons shall provide for organizing, training, arming, governing and disciplining, the militia, when they are not in Federal service. Cantons shall also appoint the officers of the militia.

SECTION VII – POWERS PROHIBITED TO THE CANTONS

No Canton shall pass any bill of attainer, ex post facto law, or Law impairing the obligation of contracts.

No Canton shall, without Federation consent, lay any imposts or duties on imports or exports.

No Canton shall keep war vessels in time of peace, enter into any agreement or compact with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

No Cantonal government shall borrow money at any time, for any purpose.

No Canton shall lay a tax on incomes, capital gains, inheritances, property or gifts.

SECTION VIII

The Federation shall guarantee to every Canton in this Federation the protection of each of them against invasion; and on application of the assembly, or of the Executive (when the legislature cannot be convened) against domestic violence.

ARTICLE X – TERRITORIES

SECTION I – TERRITORY

Those areas which are not under the jurisdiction of existing Cantons at the time of forming the Federation, shall be designated as a territory and shall belong to the Federation;

SECTION II – DESCRIPTION

The administration of territories shall be determined by the General Assembly and implemented by the Consulate, and shall apply to the following areas:

All and any lands, islands or atolls which are unclaimed and unused.

All oceans and seas, together with the seabeds and resources thereof, beginning at a distance of twelve miles offshore, excluding inland seas.

The atmosphere, beginning at an elevation of one half of a mile above the general surface of the land.

Man-made satellites and moons.

Other settlements and areas which may choose the status of territory.

ARTICLE XI – RATIFICATION & AMENDMENT

SECTION I – RATIFICATION OF THE CONSTITUTION

The Constitution shall be transmitted to the people for final ratification by popular referendum, this shall be accomplished by a simple majority of votes cast in a popular referendum, provided that a minimum of fifty percent of eligible voters have cast ballots.

SECTION II

The General Assembly, the Cantons and the people may propose amendments to this Constitution. Whenever two-thirds of both Houses of the General Assembly, One half of Cantons, or two fifths of the people deem it necessary, a convention shall be convened for proposing amendments to this Constitution, which, when ratified by a majority of the people through a referendum and three-fourths of the Cantons shall be valid to all intents and purposes as part of this Constitution; provided that no amendment which shall in any manner affect the privileges and powers of the Cantons is passed without unanimous support of the Cantons.

SECTION III

Proposals that are submitted, are accepted if a majority of those who vote and a majority of the Cantons approve them. The result of a popular vote in a Canton shall determine the vote of the Canton.

SECTION IV

Periodically, but no later than ten years after first convening the General Assembly, and every twenty years thereafter, the members of the General Assembly, Consulate, Supreme Court and Tribune shall meet in special session comprising a Constitutional convention to conduct a review of this Constitution to consider and propose possible amendments, which shall then require action as specified in Article VIII, Section II for passage.

ARTICLE XII – SUPREMACY

SECTION I

This Constitution as well as the laws of the Federation which shall be made in accordance with it; and all treaties made under the authority of the Federation, shall be the supreme Law of the land; and everyone shall be bound thereby.

SECTION II

Except by following the amendment procedures specified herein, no part of this Constitution may be set aside, suspended or subverted, neither for emergencies nor caprice nor convenience.

ARTICLE XIII

SECTION I – INHERANT RIGHTS

The enumeration of certain Rights and Liberties, shall not be construed to deny or disparage others retained by the people.

SECTION II – POWERS NOT DELEGATED

The powers not delegated, nor prohibited, are reserved to the Cantons or Communes respectively, or to the people.

SECTION III – DUTIES OF MEN

Everyone shall take responsibility for themselves and shall, according to their abilities, contribute to achieving the tasks of their communities, their peoples, their societies and state. Everyone shall endeavour to serve with word, deed and productive labour, the spiritual and physical advancement of the living and of those to come, realising that this is the common cause of all generations of men. Everyone is called to do unto others as they would like others to do unto them, honour God and His Word above all else and abstain from vice.

SECTION IV – LIVE IN QUIETNESS AND PEACE

Wherefore it is willed, and firmly enjoined, that all men in this Federation have and hold all the aforesaid Liberties, Rights, and concessions, well and peaceably, freely and quietly, fully and wholly, for themselves and their heirs, in all respects and in all places for ever. An oath, moreover, has been taken, that all these conditions aforesaid shall be kept in good faith.

 

                                                     

One thought on “Final Draft (I think)

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