I know this is not really the problem in the world today, it is the spirit of the people, the faith of nations or lack thereof that is degrading us more and more, but it was something I decided to have a go at anyway, to try to create a method, whereby no one could be all that powerful, and no one man could be seen as a leader, they way Cameron or Obama are seen, or given the amount of power they have.
This is my hypothetical constitution for a federation of our peoples, does not need to be giant or tiny, but here it is!
Constitution of the Federation
KNOW THAT BEFORE GOD, for the health of our souls and those of our ancestors and heirs, to the honour of God and the exaltation of His Holy Church, we set out the following Constitution.
ARTICLE I – RIGHTS & LIBERTIES
That it is granted, in perpetuity, that all Men shall be free, and shall have their rights undiminished, and their Liberties unimpaired. That all Men are born equal in Dignity and Honour. That they are endowed, by God, with Reason and Conscience and should act towards one another in a spirit of Brotherhood.
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.
No one shall be subjected to torture or cruel and unusual punishments.
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.
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.
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.
The right of the People to be secure in their Persons, Houses, 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 no Warrants shall issue, but upon probable cause, supported by Oath or Affirmation, and particularly describing the Person, Place or Thing to be monitored, intercepted, searched or seized.
The Right of the People to keep and bear Arms, shall not be infringed.
No one shall be held to answer for a crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the naval forces, or in the Militia, when in actual service in time of War or Public Danger; nor shall any Person be tried for the same offence twice and be put in jeopardy of life or limb again; nor shall he be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.
In all criminal prosecutions, the Accused shall enjoy 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 nature and cause of the accusation; to be confronted with the Witnesses against him; to have compulsory process for obtaining Witnesses in his favour, and to have the Assistance of Counsel for his defence.
No Man shall be seized or imprisoned, or stripped of his Rights or Possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will anyone proceed with force against him, or send others to do so, except by the Lawful Judgement of his equals or by the Law of the land. The Privilege of the Writ of Habeas Corpus shall not be suspended.
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. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry. No fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.
Senators shall be fined only by their equals, and only in proportion to the gravity of their offence.
Excessive bail shall not be required.
In suits at Common Law, the Right of trial by Jury shall be preserved, and no fact tried by a Jury, shall be otherwise re-examined in any Court, than according to the rules of the Common Law.
All Men may enter or leave this Federation unharmed and without fear, and may stay or travel within it, for purposes of trade, in accordance with Ancient and Lawful customs. It shall be Lawful for any Man to leave and return to this Federation unharmed and without fear, preserving his allegiance, except in time of War, for some short period, for the common benefit of all Men. People that have been imprisoned or outlawed in accordance with Federal Law, or people from a country that is at War with us – are excepted from this provision.
The People shall always have the right to Review, Reform, Change or Abolish this Constitution.
ARTICLE II – GENERAL ASSEMBLY
To obtain the General Consent of the People, Senators and Delegates shall be summoned to a General Assembly individually by letter, to come together on a fixed day and at a fixed place. All legislative powers herein granted shall be vested in a General Assembly, which shall consist of a Senate and a Chamber of Delegates.
SECTION II – THE CHAMBER OF DELEGATES
The Chamber of Delegates shall be composed of Members chosen every third Year by the several Cantons, the manner of the elections shall be decided by each Canton.
No Man shall be a Delegate who shall not have attained to the Age of twenty-five Years, and who shall not, when elected, be an Inhabitant of that Canton in which he shall be chosen.
Each Canton shall be entitled to one vote in the Chamber of Delegates
When vacancies happen in the Delegation from any Canton, the Intendant thereof shall issue Writs of Election to fill such Vacancies.
The Chamber of Delegates shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment
SECTION III – THE SENATE
The Senate shall be composed of appointed Senators. Each Senator shall have one Vote.
The Senate shall chose their Speaker and other Officers.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When one of the Consuls is tried, the Lord 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 Chamber of Delegates, however, each Delegation shall be entitled to only one vote, no matter how populous or large that Canton may be. The Chamber of Delegates may, if it agrees in unanimity 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 a close family member or friend 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 unanimously to each new position, and once created, those positions shall be like the original number of Senators and shall have all the same rights and privileges.
The General Assembly shall meet at least once in every Year, on a day that they shall appoint by Law.
SECTION VII – MEMBERSHIP, RULES, JOURNALS, ADJOURNMENTS
Each Chamber shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each 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 Chamber may provide.
Each Chamber may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two-thirds, expel a Member.
Each Chamber shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either Chamber on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither Chamber, 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 Chambers shall be sitting.
SECTION VIII – PRIVILEGE
They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Chamber, and in going to and returning from the same; and for any Speech or Debate in either Chamber, they shall not be questioned in any other Place.
No Delegate, Senator or Consul shall, during the Time for which he was elected, be appointed to any Civil Office under the Authority of the Federal Government, or the Emoluments whereof shall have been increased during such time; and no Person holding any Federal Office, shall be a Member of the General Assembly or Consulate during his Continuance in Office.
SECTION VX – LEGISLATIVE PROCESS, VETO
Every Bill which shall have passed the General Assembly, shall, before it become a Law, be presented to the Consulate; If they approve, they shall sign it, but if not they shall return it, with their Objections to that Chamber in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two-thirds of that Chamber shall agree to pass the Bill, it shall be sent, together with the Objections, to the other Chamber, by which it shall likewise be reconsidered, and if approved by two-thirds of that Chamber, it shall become a Law. But in all such Cases the Votes of both Chambers shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each Chamber respectively. If any Bill shall not be returned by the Consulate within ten Days (Sundays excepted) after it shall have been presented to them, the Same shall be a Law, in like Manner as if they had signed it, unless the General Assembly by their Adjournment prevent its Return, in which Case it shall not be a Law.
All Acts of the General Assembly, once approved by the Consulate, excepting adjournments and other procedural acts, may be put to a plebiscite of all people entitled to vote. If within one hundred days of the passing of an Act, one fifth of the eligible voters of the Federation, or one-third of the Cantons, request a plebiscite, one 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.
Every 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; and before the Same shall take Effect, shall be approved by them, or being disapproved by them, shall be re-passed by two-thirds of the Senate and Chamber of Delegates, according to the Rules and Limitations prescribed in the Case of a Bill.
SECTION X – POWERS
The General Assembly shall have Power;
To lay and collect Taxes, Duties, Imposts and Excises, to pay, and provide for the common Defence and general Welfareof the Federation; but all Duties, Imposts and Excises shall be uniform throughout the Federation;
Coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Regulate Commerce with foreign States, and within the Federation;
Establish a uniform Rule of Naturalisation, and uniform Laws on the subject of Bankruptcies throughout the Federation;
To provide for the Punishment of counterfeiting the Securities and current Coin of the Federation;
Promote the Progress of Science and useful Arts;
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;
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 in all Cases whatsoever, over all Places purchased by the Consent of the Canton in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the Federation, or in any Ministry or Officer thereof.
SECTION XI – 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 plebiscite of all eligible voters. All able-bodied citizens who vote for war must enlist in the military.
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 XII – POWERS PROHIBED TO THE FEDERATION
No money shall be drawn from the treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No tax shall be laid on incomes, capital gains, inheritances, property or gifts.
No tax can be laid if not for the general common good. All Men shall have the right to participate personally, through their representatives and through their vote in a plebiscite to voice their wishes and opinions on any tax laid.
No borrowing of any money shall be done at any time, or for any purpose.
No bill of attainer or ex post facto law shall be passed.
Nor shall any law grant copyrights or patents, or recognize their legitimacy.
ARTICLE III – 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 impeachment and conviction of a sitting Consul, each Chamber 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 impeached and convicted by the General Assembly.
SECTION II – CIVILIAN POWER OVER MILITARY, CABINET, PARDON POWER, APPOINTMENTS
The Consulate shall appoint a Commander-in-Chief of the Navy and the Militia of the several Cantons, when called into the actual Service of the Federation; they may require the Opinion, in writing, or otherwise of the Ministers, upon any subject relating to the Duties of their respective Offices, and each Consul shall have Power to Grant Reprieves and Pardons for Offences against the Federation, except in Cases of Impeachment.
They shall together, have Power, by and with the Advice and Consent of the General Assembly, to make Treaties, provided two-thirds of the General Assembly concur; and they shall nominate, and by and with the Advice and Consent of the General Assembly, shall appoint Ambassadors, Ministers, Judges, and all other Officers of the Federation, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the General Assembly may by Law vest the Appointment of such inferior Officers, as they think proper, in the Consulate alone, in 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 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 – CONVENING THE GENERAL ASSEMBLY
The Consulate shall from time to time recommend to the Consideration of the General Assembly such Measures as they shall judge necessary and expedient. They may, on extraordinary Occasions, convene both Chambers, or either of them, or in Case of Disagreement between the Chambers. With Respect to the Time of Adjournment, they may adjourn them to such Time as they shall think proper; they shall receive Ambassadors and other public Ministers; they shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the Federation.
SECTION IV – DISQUALIFICATION
A Consul and all civil Officers of the Federation, shall be removed from Office on Impeachmentfor, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanour’s.
ARTICLE IV – 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 from time to time ordain and establish. The Judges shall hold their Offices during good Behaviour. Judges of the Supreme Court shall be chosen by the Consulate and approved by the General Assembly. There shall be only nine Justices of the Supreme Court, and one judge shall be appointed each year and one shall retire. Supreme Court Justices may only serve one nine-year term. If a Justice resigns, dies or is impeached and convicted 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.
SECTION II – TRIAL BY JURY, ORIGINAL JURISDICTION, JURY TRIALS
Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the Federation, and Treaties made, or which shall be made, under this Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty; to Controversies to which the Federation shall be a Party. In addition, disputes among members of the same Canton may be adjudicated by the Supreme Court if the laws of that Canton grant such jurisdiction to the Supreme Court.
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, both as to Law and Fact, with such Exceptions, and under such Regulations as the General Assembly shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the Canton where the said Crimes shall have been committed; 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.
ARTICLE IV – 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 electors of the Canton have voted by two-thirds in favour in a plebiscite. Each Canton shall have power to govern itself.
SECTION III – CANTON CITIZENS, EXTRADITION
The Citizens of each Canton shall be entitled to all Privileges and Immunities of Citizens in the several Cantons. A Person charged in any Canton with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another Canton, shall on demand of the executive Authority of that place from which he fled, be delivered up, to be removed to the place having Jurisdiction of the Crime.
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 electors concerned, by plebiscite.
New Cantons may be created by an act of the General Assembly. Once a community has a certain population, of which a certain number shall be electors, have assembled in a territory, they may request the Federation to recognise the said territory as a new Canton. That Canton may choose, or not, to establish a constitution and establish its own rules and institutions as it sees fit.
The General Assembly shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the Federation.
SECTION V – RIGHTS OF CANTONS AND THE FEDERATION
The Federation shall respect, and guarantee in law, the autonomy of the Cantons.
The principle of subsidiarity shall be observed in the allocation and performance of all tasks.
All Cantons, Cities, Towns, Communes and Ports shall enjoy all their Liberties and Free Customs.
The Cantons may enter into agreements with each other and establish common organisations and institutions. In particular, they may jointly undertake tasks of regional importance together. They may also jointly undertake tasks of cultural importance together.
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.
The Cantons shall comply with inter-Cantonal Law.
Federal law shall take precedence over any conflicting provision of Cantonal Law.
The Federation shall take into account any possible consequences for the Cantons in its activities.
Each Canton may adopt a constitution. This requires the approval of the Electors and must be capable of being revised if the majority of the Electors so request.
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 Cantons shall implement Federal law in accordance with this Constitution and Federal legislation.
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 bodies, 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.
Disputes between Cantons or between Cantons and the Federation shall wherever possible be resolved by negotiation or mediation.
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
Militias shall be organised by each Canton.
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 – COMMUNES
Cantons shall be composed of Communes. Each Commune shall be represented at the Cantonal level.
The autonomy of Communes is guaranteed according to Cantonal law. In its activity, the Federation takes into account possible consequences for Communes.
At Communal level, every man eligible to vote shall have the right to sit on the Communal Council, the Council shall select their officers and executive, if they shall have any.
Communes may lay taxes to raise any necessary funding.
Communes may secede from the Canton of which they are part, however two-thirds of the electors of the Commune must support the bid for secession in an open vote. The Canton must then join another Canton or other Communes to create a new Canton.
If a Commune petitions to join a Canton, a majority of the Communes and a majority of the electors within the said Canton must agree to it in a plebiscite.
SECTION VIII – 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, without Federation consent, lay any import or export duty, 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.
No tax can be laid if not for the general common good. All Men shall have the right to participate personally, through their representatives and through their vote in a plebiscite to voice their wishes and opinions on any tax laid.
No Canton shall abolish, undermine or subsume any Commune without the support of a majority of the electors of that Commune.
The Federation shall guarantee to every Canton in this Federation a free Form of Government, and shall protect 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 V – AMENDMENT
The General Assembly, whenever two-thirds of both Chambers shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of one half of the several Cantons, or, on the application of a petition by two fifth of the people, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by a majority of the people via plebiscite, the Legislatures of three-fourths of the several Cantons, or by Conventions in three-fourths thereof, as the one or the other Mode of Ratification may be proposed by the General Assembly; 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.
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.
ARTICLE VI – SUPREMACY
This Constitution as well as the Laws of the Federation which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the Federation Government, shall be the supreme Law of the Land; and the Judges in every Canton shall be bound thereby, any Thing in the Constitution or Laws of any Canton to the Contrary notwithstanding.
The enumeration of certain Rights and Liberties, shall not be construed to deny or disparage others retained by the People.
The powers not delegated, nor prohibited, are reserved to the Cantons or Communes respectively, or to the people.
All individuals shall take responsibility for themselves and shall, according to their abilities, contribute to achieving the tasks of their communities, the state and society.
THERFORE, we firmly enjoin, that all men within 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.