Difference between revisions of "Constitution of Kedalfax"

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[[Category:Kedalfax]] [[Category:Constitutions]]
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[[Category:Constitutions]]
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''Note: In transcription for this version, [[Wikipedia:ß|ß]] characters were replaced with 'ss'. See [[Kedalfaxian_English#ß|here]] for more information on the use of the ß in Kedalfaxian English
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The Constitution of the Federation of Kedalfax was completed and put into effect on June 7, 1845. It is the statement that outlines the basics of the Kedalfaxian government. It is divided into sections.
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The Constitution of the Federated States of Kedalfax was completed and put into effect on June 21, 1896. It is the statement that outlines the basics of the [[Government_of_Kedalfax|Kedalfaxian government]].
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==History==
  
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==Preamble==
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==Text==
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We, the Two Islands of Kedalfax and the Territories Therein, henceforth referred to as Kedalfax, hereby enact the following Constitution. This Constitution shall outline the rules and principals by which our government shall operate.
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===Preamble===
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In these lands of Kedalfax, it is believed that all humans are created equally. This document shall hereby create a government for these areas, with the primary purpose of governing the aforementioned persons as equals.
  
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==Article One: Rights and Duties of Citizens==
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===Article One: Rights of Citizens===
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Citizens of Kedalfax are to be given certain rights under the law. Citizens shall also be given certain duties.
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*All human persons born within the boarders of the new nation of Kedalfax and its territories, shall hereby be citizens of equal rights, regardless of race, gender, or wealth.
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===Section One: Rights of Citizens===
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*The government of this new nation shall grant citizenship to those persons whom it deems suitable for citizenship, and who have permanent residence in Kedalfax.
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These are the rights of Citizens under the law:
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*Citizens shall be granted certain rights by the government, which shall not be removed by any law by the national, state, or local governments.
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*Freedom of conscience and religion.
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*The rights of citizens shall not be limited to those listed herewith, but rather be allowed to do any activity not specifically outlawed by this document or the national, state, or local governments.
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*Freedom of thought, belief, opinion and expression.  
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*All Citizens shall have the following inalienable rights:
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*Freedom of the press and other media of communication.
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**To have and express any thought through speech, writing, and art.
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*Freedom of peaceful assembly and protest of Government or Commercial Action.  
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**To form peaceful assemblies regardless of their purpose.
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*Freedom of association with other Individuals and/or Groups.
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**To petition the government for a redress of grievances.
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*Freedom to posses weaponry.
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**To obtain weapons, provided that they are not acquired with malicious intent.
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*Freedom from quartering of soldiers in the home of any citizen.
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**To refuse room and board to any person, military or otherwise, in peace and in war.
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*Protection from search or seizure without consent or a warrant signed by a judge.
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**To refuse search and seizure of property and communications, unless a valid warrant, signed by a judge, and backed by testimony or evidence, is produced.
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*Freedom from two persecutions for the same crime.
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**To be protected from self-incrimination for any crime.
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*Right to a fair trial in front of a judge and jury.
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**To be represented by a lawyer in court, who shall be appointed by the court should the defendant be unable to afford the services.
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*Right to an attorney to represent the accused in court
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**Not to be held accountable for the same crime twice under the law.
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**To be given a fair, speedy, and public trial before an impartial jury of peers in the citizen's home district.
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**To be informed of the nature of the crime for which one is being arrested.
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**To call witnesses in favor of one's defence.
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**To be offered reasonable bail, and be protected from excessive fines.
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**To be protected from cruel or unusual punishment.
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**To be free from slavery or imprisonment by any person or entity excluding the local, state, and national governments.
  
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===Section Two: Duties of Citizens===
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===Article Two: Legislative Powers===
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These are the duties of Citizens under the law:
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====Section One: The Houses of Legislation
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*Duty to uphold the law.
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The Legislation of the government of Kedalfax shall be divided into two separate houses: the Senate and the Congress. The Senate shall consist of two representatives of each state, and one non-voting representative of each territory. The Congress shall consist of one representative for every five hundred thousand citizens from each state.
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*Duty to pay taxes in compliance with the law.
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====Section Two: Process of Legislation====
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*Duty to be able to speak the language of the Nation.
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For a proposed bill to be passed into law, it must follow the following process. First, a Congressman must introduce the bill to the Congress. Here, it will go before a vote, where it must gain more than half of the votes. Should the bill gain this, it will go before the Senate, where it must gain more than half of the votes. Should there be a tie, the Vice President of the nation shall cast the tie breaking vote. Should a bill pass all of these steps, it shall go to the President, who will have the option of either passing it into law, or vetoing it. Should he veto it, the senate will have the chance to override the veto by voting in favor of it by at least two thirds. Should it be passed, it shall become law.
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====Section Three: Impeachment====
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Should the Houses believe that an official of the government has violated Constitutional law, the houses may subject the person to an investigation. The investigation is to be performed and tried by the Senate. Persons found to be in violation of law are to be given punishment by the Senate, which may include removal from office.
  
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==Article Two: Government==
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===Article Three: Judicial Powers===
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The government is to be split into four separate yet equal groups, to be defined as follows.
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Should a lawsuit be filed against the government, especially one claiming the illegality of a passed state or national law, the Supreme Court shall be the arena for its trial. The Court will consist of nine justices, who shall preside over the court. The justices shall hear the arguments of both sides, and afterward make independent decisions on the outcome. Whichever outcome is favored by the majority of the justices shall be the outcome. Should a law be declared unconstitutional it shall be rendered null and void, and any persons taken prisoner under the law shall be released.
  
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===Section One: The Executive Branch===
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===Article Four: Executive Powers===
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*The executive branch is to be headed by the President.
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Any functions of the national government that are not handled by the Judicial and Legislative branches shall be handled by the Executive Branch. This branch shall consist of a President, his Vice President, and a Board of Advisers, appointed by the President with approval from the Congress. This branch shall be allowed to create offices, departments, and bureaus, which may institute voluntary regulations on companies and persons within the nation.  
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*The President is to be defined as the Head of State.
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*Prior to the National Election in which he is running, the President must appoint a Vice President.
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*The President and Vice President shall be elected in tandem.
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*Should the President be unable to perform his duties, he may resign his position until he is able to continue his duties.
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*In the event of a President's resignation or death, the Vice President shall take his office.
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*In the event of a Vice President's resignation or death, the Speaker of the House shall take his office.
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*A Cabinet of individuals shall oversee the daily operation of the executive branch.
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*Cabinet members shall be appointed by the President, subject to the approval of the Legislation.
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*The President shall be the Commander and Chief of the armed forces.
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===Section Two: The Legislative Branch===
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===Article Five: Ammendments===
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*The Legislative Branch is to be headed by the Speaker of the House.
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Amendments may be added to this Constitution through a three fifths majority in the Congress and Senate, and Presidential approval. Should the President veto an amendment, the Senate may overturn with a four fifths vote in favor.
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*The Speaker of the House is to be a member of the Legislation who is elected by the members of the Legislation to serve as Speaker in addition to his duties as a Legislator.
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*The Speaker shall have the authority to call the Legislation to session, and will lead the discussions and votes within the Legislation.
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*The Legislation is to consist of elected members from all areas of Kedalfax.
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*Each State in Kedalfax shall be divided into Legislative Districts.
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*Each State shall have at least three Districts.
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*The number of Districts in a State shall be one for every five hundred thousand citizens in the State.
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*Districts shall be divided such that they represent the population as well as possible.
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*Each District may have one Legislator, which it will elect by a majority vote within the District.
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*The Legislation shall pass laws by obtaining a simple majority vote from the Legislators.
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*Amendments to the constitution shall require a three fifths majority.
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*If a bill passes this vote, it will be passed to the President, who may veto it.
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===Section Three: The Judicial Branch===
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*The Supreme Court shall consist of nine Justices, who are to be appointed by the President. The President is expected to appoint in accordance with the desires of the citizens.
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*The longest-serving Justice is to be Chief Justice.
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*The Supreme Court shall handle cases against the Government, and shall be the sole determiner of the legality of laws.
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*Should a law be determined illegal, it is to be repealed immediately.
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*Determinations of legality shall be determined solely on their allowance under this Constitution.
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===Section Four: The Religious Branch===
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*The Religious Branch shall run the Church of Kedalfax, and all of its subsidiary churches.
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*The Branch shall be run by the Clergyman.
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*The Clergyman shall be elected by the citizens once every two years.
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*The Clergyman is to abide by the rules of the Dutch Reformed Church
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*It shall not be required that a citizen be a member of the Church.
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*No other religious organization shall be recognized by the nation.
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==Article Three: Definition of a Citizen==
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*A citizen is any person born in Kedalfax, or any other person who has applied for citizenship and received it from the Government.
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*Only while males are allowed to vote in national elections.
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==Amendments==
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===One: Government Religion Conversion(1890)===
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The Religious Branch shall hereby follow the rules, regulations, and practices set forth by the Fletcherist Church. All churches owned by the Religious Branch shall be converted to Fletcherism. Citizens shall still be allowed to practice the religion of their choosing, however only the Fletcherist religion shall be recognized by the nation.
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===Two: Racial and Gender Equality(1902)===
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All citizens of Kedalfax shall henceforth have the right to vote in national, state, and local elections. This includes women and men of all ethnicities and religions. All people are to be treated equally under the law, and no institution may impose restrictions on a person due to the person's race or gender.
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===Three: Removal of Religious Branch(1910)===
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====Article One: Separation====
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The Government of Kedalfax shall no longer give money to, support, nor endorse any religion. No specific religion shall be taught in Government owned schools, though a general education on the basic beliefs of the major religions may be allowed, under the majority consent of the parents of the children attending the school. The Religious Branch is hereby abolished.
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====Article Two: Rights of Religious Organizations====
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Religious organizations recognized by the state shall have the following rights:
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#The land on which the church is located shall be exempt from federal taxation. The maximum amount of land which a church may exempt from taxation shall be seven acres.
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#The area that a church defines as its sanctuary shall be sacred. No firearms, explosives, or weapons may be stored or used within a sanctuary, with the exception of ceremonial forms of the above objects.
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#A religious organization may own and operate an educational institution, but it may not receive funding from any government, State and Local governments included.
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===Four: Racial and Gender Equality in Government (1911)===
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All citizens of Kedalfax shall henceforth have the right to hold any office in the Government. This includes women and men of all ethnicities and religions.
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Latest revision as of 16:02, 3 November 2007


The Constitution of the Federated States of Kedalfax was completed and put into effect on June 21, 1896. It is the statement that outlines the basics of the Kedalfaxian government.

History

Text

Preamble

In these lands of Kedalfax, it is believed that all humans are created equally. This document shall hereby create a government for these areas, with the primary purpose of governing the aforementioned persons as equals.

Article One: Rights of Citizens

  • All human persons born within the boarders of the new nation of Kedalfax and its territories, shall hereby be citizens of equal rights, regardless of race, gender, or wealth.
  • The government of this new nation shall grant citizenship to those persons whom it deems suitable for citizenship, and who have permanent residence in Kedalfax.
  • Citizens shall be granted certain rights by the government, which shall not be removed by any law by the national, state, or local governments.
  • The rights of citizens shall not be limited to those listed herewith, but rather be allowed to do any activity not specifically outlawed by this document or the national, state, or local governments.
  • All Citizens shall have the following inalienable rights:
    • To have and express any thought through speech, writing, and art.
    • To form peaceful assemblies regardless of their purpose.
    • To petition the government for a redress of grievances.
    • To obtain weapons, provided that they are not acquired with malicious intent.
    • To refuse room and board to any person, military or otherwise, in peace and in war.
    • To refuse search and seizure of property and communications, unless a valid warrant, signed by a judge, and backed by testimony or evidence, is produced.
    • To be protected from self-incrimination for any crime.
    • To be represented by a lawyer in court, who shall be appointed by the court should the defendant be unable to afford the services.
    • Not to be held accountable for the same crime twice under the law.
    • To be given a fair, speedy, and public trial before an impartial jury of peers in the citizen's home district.
    • To be informed of the nature of the crime for which one is being arrested.
    • To call witnesses in favor of one's defence.
    • To be offered reasonable bail, and be protected from excessive fines.
    • To be protected from cruel or unusual punishment.
    • To be free from slavery or imprisonment by any person or entity excluding the local, state, and national governments.

Article Two: Legislative Powers

====Section One: The Houses of Legislation The Legislation of the government of Kedalfax shall be divided into two separate houses: the Senate and the Congress. The Senate shall consist of two representatives of each state, and one non-voting representative of each territory. The Congress shall consist of one representative for every five hundred thousand citizens from each state.

Section Two: Process of Legislation

For a proposed bill to be passed into law, it must follow the following process. First, a Congressman must introduce the bill to the Congress. Here, it will go before a vote, where it must gain more than half of the votes. Should the bill gain this, it will go before the Senate, where it must gain more than half of the votes. Should there be a tie, the Vice President of the nation shall cast the tie breaking vote. Should a bill pass all of these steps, it shall go to the President, who will have the option of either passing it into law, or vetoing it. Should he veto it, the senate will have the chance to override the veto by voting in favor of it by at least two thirds. Should it be passed, it shall become law.

Section Three: Impeachment

Should the Houses believe that an official of the government has violated Constitutional law, the houses may subject the person to an investigation. The investigation is to be performed and tried by the Senate. Persons found to be in violation of law are to be given punishment by the Senate, which may include removal from office.

Article Three: Judicial Powers

Should a lawsuit be filed against the government, especially one claiming the illegality of a passed state or national law, the Supreme Court shall be the arena for its trial. The Court will consist of nine justices, who shall preside over the court. The justices shall hear the arguments of both sides, and afterward make independent decisions on the outcome. Whichever outcome is favored by the majority of the justices shall be the outcome. Should a law be declared unconstitutional it shall be rendered null and void, and any persons taken prisoner under the law shall be released.

Article Four: Executive Powers

Any functions of the national government that are not handled by the Judicial and Legislative branches shall be handled by the Executive Branch. This branch shall consist of a President, his Vice President, and a Board of Advisers, appointed by the President with approval from the Congress. This branch shall be allowed to create offices, departments, and bureaus, which may institute voluntary regulations on companies and persons within the nation.

Article Five: Ammendments

Amendments may be added to this Constitution through a three fifths majority in the Congress and Senate, and Presidential approval. Should the President veto an amendment, the Senate may overturn with a four fifths vote in favor.

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