Excalbian Constitution

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Acknowledging

... that all power and authority derives from the sovereign God, creator of Heaven and Earth, and that, in His wisdom, God has endowed all people with certain fundamental rights and has ordained the creation of civil authorities to protect those rights and preserve the safety of the people and promote the general welfare, we, the Imperial Senate of Excalbia, by leave of His Imperial Majesty, humbly proclaim this Constitution to order and more firmly establish the Holy Empire of Excalbia.


Article I - Sources of Authority, Rights of the People

Section 1. We believe and hold true that the one, true and living God has created all things and has granted all people certain fundamental rights. Therefore, all people are by nature equally free and independent.

Section 2. While all people have the right to the freely exercise the religion or their choice, or refuse themselves from all religions, and to express their religious convictions in both private or public forums, we recognize that the Church of Excalbia is part of the fabric of this community and plays a particular role in setting the moral and spiritual direction of the Empire. Therefore, the Church of Excalbia is established as the official religion of the Empire. The reigning Emperor of Empress shall preside as Head of the Church and Defender of the Faith and shall nominate, upon the advice and consent of two thirds of the bishops of the Church, a Presiding Bishop, who shall act as leader of the Church on matters of Faith and Morals. Nothing in this Constitution shall be construed to prohibit the establishment of any other church or religion, nor shall this be understood to compel any person to join the Church against his will.

Section 3. No Government under this Constitution shall pass any law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Section 4. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Section 5. No person shall be held to answer for any infamous crime, except upon an indictment of a grand jury, except in cases arising from service in the Imperial Armed Forces. Nor shall any person be subject for the same offense to be twice put in jeopardy of imprisonment. Nor shall any person be compelled in any criminal case to be a witness against himself. Nor shall any person be deprived of liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Section 6. The right of the people to a writ of habeas corpus shall not be suspended. No bill of attainder or ex post facto Law shall be enacted. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. No person shall be subject to the penalty of death.

Article II - The Emperor, Imperial Chancellor and the Executive

Section 1. The executive power of the Empire is vested in the Emperor or Empress.

Section 2. Upon the death of the reigning Sovereign, the Chancellor and the Cabinet shall meet within 48 hours to confirm the late Sovereign’s choice of successor. If the Cabinet shall find the heir apparent unacceptable or if there is no heir apparent, the Cabinet shall nominate a successor from among the eligible heirs. The successor shall be confirmed within another 48 hours by a two-thirds vote of the bishops of the Church and a two-thirds vote of the Imperial Senate. The elected Sovereign shall be crowned within one week.

Section 3. Eligible heirs shall include the children and siblings of the reigning Sovereign, if there are none of these, then nieces, nephews and grandchildren shall be considered and if there are none of these, then cousins, aunts and uncles shall be considered.

Section 4. In order to be eligible, any heir must be a professing member of the Church of Excalbia and of good moral character.

Section 5. If the chosen heir is a minor under the age of 18, then the Chancellor shall serve as Regent until such a time as the heir attains the age of 18.

Section 6. The Emperor or Empress shall nominate, upon the advice and consent of a majority of the Imperial Senate, a Chancellor, who shall act as Head of the Imperial Government.

Section 7. The Emperor or Empress shall be commander in chief of the Imperial Armed Forces; he, or the Chancellor acting on his behalf, may require the opinion, in writing, of the principal officer in each of the ministries, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the Empire. He shall make treaties and appoint ambassadors and consuls, judges of the Supreme Court, and all other uniformed officers of the Empire, whose appointments shall be established by law.

Section 8. The Chancellor shall, by and with the advice and consent of the Imperial Senate, appoint commissioners, Ministers of the Imperial Government, and all other officers of the Imperial Government, whose appointments are not herein otherwise provided for, and which shall be established by law. The Imperial Senate may by law vest the appointment of such inferior officers, as they think proper, in the Chancellor alone, in the courts of law, or in the Ministers. The Chancellor shall have power to fill up all vacancies that may happen during the recess of the Imperial Senate, by granting commissions that shall expire at the end of their next session.

Section 9. The Emperor of Empress shall receive ambassadors and other public ministers, shall commission all the officers of the Empire and shall call the Imperial Senate into session at least once a year, on the second Monday of January, and may adjourn the Imperial Senate for a period not to exceed six months.

Section 10. The Chancellor shall take care that the laws be faithfully executed.

Section 11. The Chancellor, Ministers and all civil officers of the Empire, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors upon a two-thirds vote of the Imperial Senate.

Section 12. The Emperor or Empress may be removed from the throne on impeachment for, and conviction of, treason, bribery, or other high crimes by a four-fifths vote of the Imperial Senate and by the bishops of the Church of Excalbia.

Article III - The Imperial Senate

Section 1. All legislative powers herein granted shall be vested in the Imperial Senate of Excalbia.

Section 2. The Imperial Senate shall be composed of members chosen every fifth year by the people of the Empire in a general election. All citizens over the age of eighteen may vote, regardless of race, creed, ethnic origin or gender. No person shall be a Senator who shall not have attained to the age of thirty-five years, and been seven years a citizen of the Empire and of the locality from which he is elected. Senators shall be apportioned according to the population, which shall be determined by an actual Enumeration made every ten years, in such manner as they shall by law direct. The number of Senators shall not exceed one hundred. When vacancies happen in the Imperial Senate, the Imperial Chancellor shall issue writs of election to fill such vacancies. The Imperial Senate shall choose its speaker and other officers; and shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the Chancellor or any Minister is tried, the Chief Justice shall preside. No person shall be convicted without the concurrence of two-thirds of the members present.

Section 3. The Imperial Senate shall assemble at least once in every year, and such meeting shall be on the second Monday of January.

Section 4. The Imperial Senate 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 Imperial Senate may provide. The Imperial Senate may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member. The Imperial Senate 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.

Section 5. Senators shall receive a compensation for their services, to be ascertained by law, and paid out of the Imperial treasury. Senators shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of the Imperial Senate, and in going to and returning from the same; and for any speech or debate in the Imperial Senate, they shall not be questioned in any other place.

Section 6. All bills for raising revenue shall originate from the Government; but the Imperial Senate may propose or concur with amendments as on other Bills. Every bill that shall have passed the Imperial Senate shall, before it becomes a law, be presented to the Emperor or Empress. If the reigning Sovereign approves, he shall sign it, but if not, he shall return it with his objections to the Imperial Senate, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of the Imperial Senate shall agree to pass the bill, it shall be sent, together with the objections, back to the Emperor or Empress, who shall likewise reconsider it. If the reigning Sovereign shall still object, he shall return it a second time, after which, if approved by one vote more than two-thirds of the Imperial Senate, it shall become a law.

Section 7. The Imperial Senate shall have power to lay and collect taxes, impose duties and excises, to pay the debts and provide for the common defense and general welfare of the Empire;

To borrow money on the credit of the Empire;

To regulate commerce with foreign nations;

To establish a uniform rule of naturalization;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;

To create titles and honors, upon the request of the Emperor or Empress;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, upon the request of the Emperor or Empress;

To raise and support the Imperial Armed Forces;

To make all laws that shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Imperial Government.

Section 8. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time. No person holding any office of profit or trust under the Empire, shall, without the consent of the Imperial Senate, accept of any present, emolument, office, or title, of any kind whatever, from any foreign king, prince, or state.

Article IV - The Supreme Court and Judiciary

Section 1. The judicial power of the Empire shall be vested in one Supreme Court, and in such inferior courts as the Imperial Senate may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the Empire, and treaties made, or which shall be made, under their authority; --to all cases affecting ambassadors, other public ministers and consuls; --to all cases of admiralty and maritime jurisdiction; --to controversies to which the Empire shall be a party; --all cases between Imperial citizens and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Imperial Senate shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the locality where the said crimes shall have been committed.

Section 3. Treason against the Empire shall consist only in levying war against the Empire, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

Article V - Authority and Oath

This Constitution, and the laws of the Empire which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the Empire, shall be the supreme law of the land; and the judges through out the Empire shall be bound thereby. The Senators, and all executive and judicial officers, both of the Empire and of the localities, shall be bound by oath or affirmation, to support this Constitution and to show loyalty to the Emperor or Empress; but no religious test shall ever be required as a qualification to any office or public trust except that of the Emperor or Empress.

Article VI - Amendment Procedure

This Constitution may be amended by a two-thirds vote of the Imperial Senate, the endorsement of the Chancellor and Cabinet and by the approval of the Emperor or Empress.