Kanami Constitution

'This article is under consturction

The Kanami Constitution is the supreme law of the Republic of Kanami. It was adopted in its original form on June 5, 1805 by the Constitutional Convention in Carmina Gadalica, Kanami, and later ratified on June 10th for the entire nation bring about a unified republic. The Constitution has a central place in Kanami law and political culture today, the handwritten, original document is on display at the National Archives in Carmina Gadalica.

History

Drafting

Official drafting began on on May 19, 1805 shortly after the landing of the Kanaminight pioneers. Under the direction of Yasashii Himura a committee of about 35 diverse men and women, began to draft out the basics of the constitution. The first several drafts were soley about the Government set up. However as time went on more emphasis wanted to be placed on the rights of people. Finally a midpoint was drawn and both methods were worked out.

Articles

The Kanami Constitution consists of a preamble and ___ articles and seven subsections per article.

Preamble

We the people of this unified republic of Kanami, have unified together to form a unitary republic to establish justice insure domestic Tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves to those abroad. We do so ordain and establish this Constitution for the Republic of Kanami.

Article One: Powers of the Executive

Article One establishes all the powers given to the Executive office. Each section spells out each office.

Section 1: Powers of the Executive Leader

The article states that the Prime Minister (or what ever title shall be given to him/her) shall take control of the Legislative sector (the Parliament) and shall have the right to amend, veto, or pass any legislation. The Executive Leader shall preside for at least 3 sessions of Parliament. The Prime Minister may put into suggestions and ideas for law or bills but it must be drafted and agreed upon by a majority of the senators.

The Prime Minister shall have the power to dictate foreign policy and actions of war. When the Checks and Balance system was administered by Himura the ability and power of declaration of warfare was divided. Now the Parliament must agree to a declaration of war.

The Prime Minister also may chose his/her cabinet and advises to serve along side. Unless ruled otherwise by Parliament. If Parliament rules that a cabinet shift is needed it will turn over to an election by the general public.

Section 2: Powers of the Vice Executive

This section dictates the powers given to the office of the Vice Leader (Vice Prime Minister) it states the Vice Leader shall have near the same abilities of the Prime Minister while the Prime Minister is in Office however the VP does not have the executional abilities.

The VP shall also take office in the event the PM should die. This can include the time between elections, should the PM be removed from office.

Section 3: Powers of the Domestic Security Executive

The term Homeland Security wasn't coined until the age of terrorism. However surprisingly a Domestic Security Department was created. Originally the text spelled out the duties to be: To secure the local ports, manage the national peace guards (Police and Fire) and manage areas afflicted by natural catastrophe.

In the age of technology and terrorism the duties were amended and added onto. Today much of the original text remains but with the additions: Assesses threats against the homeland by enemies abroad or domestic, and to manage areas afflicted by natural and artificial catastrophe. The artificial disaster was added during a nuclear accident in the late 1970's.

Section 4: Powers of the Defense Executive

The Powers of the defense department were given to ability to assess threats from foreign bodies, to asses areas in need of military attention and/or intervention. They may make advisories to declare war. They are also given all control of the Armed forces and may appoint generals and are given assignments to study and develop the needed technology.

Section 5: Powers of the Foreign Executive

The Powers of the Foreign Executive are dictated to: Seek friendlies and other nations to ally, trade, or culturally exchange with Kanami.

Section 6: Powers of the Justice Executive (Attorney General)

The Powers dictated to the AG are to be the overseer of Justice. In the original system they were to also to oversee the Supreme Court and may serve on it. This was changed when the checks and balance system was enacted. Now the AG has no control over the Supreme Court nor can they serve while in office.

Section 7: Powers of the Interior Executive

The Powers dictated to the Interior Executive are to maintain the state of the union. this means to care for and protect all dedicated sites, help in times of disaster and set appropriate tax with the will of the Parliament.

Article Two: The Legislative Branch

Article two details the duties and privileges of the Legislative branch. The basic duty is to create new legislation for the country and create laws to govern the people. The article establishes the primary Parliament and sets the age limit to one's age of joining (Which is 19 years).

Article Three: The Judicial Branch

Article Three dictates the set up of the Judicial Branch. It gives instructions on the appointment of justices to the courts and details of the impartial trial.

Article Four: Rights of the Citizens

The right dictated to the citizens are spelled out in individual sections.

Section One: Freedom of Religion

Parliament Shall make no law establishing a state of religion, nor prohibit the freedom to practice or spreading of or the right to belive lack thereof.

Being a devoutly religious person Yasashii included this clause first. The section however made no prohibition against the display of religious symbols, however Government ran schools (known as Public Schools in Kanami) can not advocate a religion. Few schools today display any kind of religious symbols except during hollidays. (ie Christmas).

Section Two: Free Speech and Expression

Parliament shall make no law preventing the willful and tasteful expression of speech.

This article protects those that speak against the Government and other forms of expression. It does not however mean one can say what ever he/she likes in public mediums. While it is rare for any serious charges to be brought against a distasteful form of speech or expression, it can if it is deemed needed.

Section Three: Freedom and Right of the Press

It is the duty of the press to keep the people aware of their democratic state. Parliament shall not abridge this right.

This has come under fire with the claims of media being too sensationalized and not truly fair and balanced.

Section Four: Free Assembly

The right of assembly to worship the Almighty, to enjoy the company, or to stand against the Government shall be protected by the Parliament. In addition Parliament shall allow a limit amount (No less than twenty) of people to speak before Parliament to advocate their desires.

A right that has been held sacred for a long time, today many people still desire to speak before Parliament.

Section Five: Right to Petition the Government and Participate Within=

Citizens shall have the right to petition the government for new legislation, protest against action, or request a change. As such Citizens shall have the right to appear before Parliament and advocate their position on a bill.

A clause that is very important in Kanami democracy. Although Kanami is slated as a republic this is the time it can come most close to a direct democracy. There are set times and dates that people may appear before Parliament with out being a senator. People may also bring about legislation with the sponsorship of at least two senators from any party. If the bills are approved they are placed on an agenda and may or may not be attended to.

The clause states the positions of power:

• A person who has reached eighteen years of age may run for the office of City Mayoral and county Governer. This person may also be elected to serve as an international delegate
• A person who has reached Nineteen years of age may run for the office of Senator and serve in the Parliament.
• A person who has reached twenty-five years of age may run for the position of Prime Minister.'

=Section Six: Right to Commerce and Movement

This clause established the national currency as the Kanamian (sometimes called Kdollar). The rights given to people are related to business, property and commerce.

Citizens shall have the right to own their own personal property and use it within the boundaries of law. No property shall be taken by the Government with out just compensation or due process of law. A flat tax rate shall be collected by the government with no more and no less, unless so owed by the payer. The Kanamian shall be legal tender for all debts public and private. All citizens shall have the right to invest and purchase their money as they please.

The second half of the clause states the ability for citizens to move in out and around the country with out restriction.

Section Seven: Right to Bear a Personal Arm

The right of a personal arm is a controversial one for Kanami and around the world. With the ever increasing gun violence in the world many have sought to repeal this clause. The clause states: All citizens shall have the right to bear a personal arm for game hunting, protection and the allowance of a well armed milita.

Kanami does have small militia groups that aren't apart of the armed services. This clause keeps them alive however Homeland Security keeps them in check. Their are gun restrictions and protection laws to try to assure that firearms are to be within law abiding citizens.

Section Eight: Right to a Fair Trial by an Impartial Jury

This protects citizens accused of a crime that they may be put before a competent and unbiased jury. It also guarantees the right to counsel for the defence. The clause also gives further provisions to the Attorney General to protect this right if an unfair trial should occur. Double jeopardy is prohibited by this clause.

All suspects are to be presumed innocent until proven guilty in a court of law.

Section Nine: Protection of private property from unreasonable searches, and seizures

The clause protects against Government snooping or sudden police searches of property. This also includes ranches and farm land.

A judge shall issue a warrant of permission to search and/or seize if there is reason to believe the property is in violation of the law.

Section Ten: No excessive Bail or Fines

This protects those being held in prison from being branded with an excessive amount to pay for their release on any other basis than criminal intent. It also caps fines warranted by the Government and keeps them reasonable to the crime.

Section Eleven: Freedom from Servitude

The clause prohibits slavery in the Republic and all it's territories. Slavery has never been nor was it ever practiced officially in Kanami but the clause was added anyway for extra insurance.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the Republic, or any place subject to their jurisdiction. Parliament shall have the power to enforce this article by appropriate legislation.

Section Twelve: Right to Vote

The clause gave the right to vote for citizens that have reached sixteen years of age sixteen years.