Difference between revisions of "Xanthalian Constitution"

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We the people of Xanthal, in order to establish social equality, ensure justice, provide for the common defense, and secure liberty and representation for ourselves and those who follow us, do ordain and establish this Constitution for Xanthal.
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[All periods are given in [[Xanthalian time]].]
  
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== Article I. ==
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=Preamble=
  
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:''Section 1.''
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On behalf of the Xanthalian people: to provide for our mutual defense, secure our common interests, consolidate our resources, and promote a blissful Union, we the Council of Xanthal and the Boards of its Districts hereby dissolve the Socialist Republic and establish this Constitution of the Federated Democratic States of Xanthal, which shall be the supreme law of the land.
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::Clause 1: The legislative power shall be vested in a representative Council of Xanthal, which shall be composed of five hundred Councilors chosen by direct election every fourth year by the citizens of Xanthal residing in their provincial district.
+
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::Clause 2: No person shall be a Councilor who shall not have attained the age of eight years, and been five years a citizen of Xanthal, and who shall not, when elected, be an inhabitant of the provincial district in which chosen.
+
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::Clause 3: Five hundred Councilors shall be apportioned among the provinces according to their respective citizen populations. The actual enumeration shall be made within every subsequent term of four years, in such manner as they shall by law direct. Every province is entitled to at least one seat in the Council. Provinces having more than one seat apportioned to them will define provincial districts in which each Councilor shall be elected, with citizen populations as equal as may be.
+
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::Clause 4: When vacancies happen in the Council from any province, the executive authority thereof shall issue Writs of Election to fill such vacancies until the next election.
+
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::Clause 5: The Council shall choose their own officers, including the Speaker, who shall preside over Council proceedings.
+
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::Clause 6: Councilors shall be divided equally into four classes, each of which shall be elected on a different year.
+
  
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:''Section 2.''
 
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::Clause 1: All citizens of Xanthal shall vote for their provincial district’s Councilor, the method which shall be prescribed by law.
 
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::Clause 2: The Council shall be in session for no less than one fourth of each year, the exact hours and dates which shall be prescribed by law.
 
  
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:''Section 3.''
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=Article I – State requirements and rights=
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::Clause 1: The Council shall be the judge of the elections, returns and qualifications of its own members. Three quarters of Council members shall constitute a quorum to do business; but a smaller number may be authorized to compel the attendance of absent members.
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::Clause 2: The Council may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of three quarters, expel a member.
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::Clause 3: The Council shall keep an official record of its proceedings, and publish the same on a yearly basis, excepting such parts as two thirds may judge require secrecy. The votes of Councilors will be included in this record.
+
  
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:''Section 4.''
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Section 1.
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::Clause 1: Councilors shall receive a compensation for their services, to be ascertained by Law and paid out of the Treasury of Xanthal. No law varying the compensation for the services of the Councilors shall take effect until a full election cycle shall have intervened.
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:The founding Xanthalian Democratic States shall be Mirfak, Shinra, Than, and Trasnia. New States may be admitted into the Federation with the approval of three fourths of existing States.
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::Clause 2: No Councilor shall accept any compensation outside of that which is allotted equally to all Councilors by law.
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−
::Clause 3: Councilors shall in all cases, except offenses of the first, second, or third class, be privileged from arrest during their attendance at the session of the Council, and in going to and returning from the same. For any speech or debate in the Council session, they shall not be publicly charged.
+
−
::Clause 4: The Council shall have the privilege of barring any outside oversight, governmental or otherwise, with the consent of two thirds of its members.
+
  
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:''Section 5.''
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Section 2.
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::Each Councilor shall have one vote in the Council. No bill shall be passed in the Council if two thirds in its favor cannot be obtained in voting except for bills with the sole effect of repealing a past decision of the Alphini or the Council, which may pass with a majority vote.
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:Any planet controlled by a democratically-elected Legislature that exceeds five percent of Xanthal’s total citizen population is eligible for Statehood. Planets may apply for Statehood as a group so long as they collectively exceed five percent of Xanthal’s citizen population. Once admitted, a State’s citizen population will not affect its status as a State.
  
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:''Section 6.''
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Section 3.
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::Clause 1: The Council shall have the sole power to impose and collect any taxes deemed necessary to pay the debts and provide for the common defense and general welfare of Xanthal;
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:Full faith and credit shall be given in each State to the records of every other State.
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::Clause 2: To regulate commerce conducted within Xanthal or involving a party native to Xanthal;
+
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::Clause 3: To regulate citizenship;
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::Clause 4: To coin money and regulate the value of domestic and foreign currency, and fix the standard of weights and measures;
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::Clause 5: To determine actions that may be taken on those convicted by the judicial power;
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::Clause 6: To establish public organizations for the promotion of the general welfare;
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::Clause 7: To secure for limited times to developers the exclusive right to their respective works and discoveries;
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::Clause 8: To authorize offensive military action, and make any rules of warfare it deems necessary;
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::Clause 9: To raise, support, and call forth militaries;
+
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::Clause 10: To make rules for the government and regulation of military forces;
+
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::Clause 11: To exercise legislation over areas controlled by Xanthal or its citizens within and without the territorial boundaries of Xanthal;
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::Clause 12: To confirm all nominations and overturn all appointments made by the Alphini;
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::Clause 13: To initiate impeachment of government officials; and
+
−
::Clause 14: 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 Xanthal, or in any department or officer thereof.
+
  
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:''Section 7.''
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Section 4.
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::Clause 1: No legislation providing for judgment without trial or retroactive enforcement of laws shall be passed.
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:All States shall be entitled to equal treatment and protection under the laws of the Federation.
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::Clause 2: No law giving unfair preference between citizens shall be passed.
+
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::Clause 3: No money shall be drawn from the treasury but in consequence of appropriations made by law; and an annual statement and account of the receipts and expenditures of all public money shall be published.
+
  
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== Article II. ==
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Section 5.
 +
:Each State may set its own import and export laws, but may not make treaties with other countries.
  
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:''Section 1.''
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Section 6.
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::Clause 1: The executive power shall be vested in three Alphini of Xanthal, each of whom shall be elected every three years by popular vote of the citizens of Xanthal at large and each on a different year.
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:States may secede from the Union with the approval of three fourths of other States. States may be ejected from the Union if voted out by three fourths of other States.
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::Clause 2: The Council may determine the times and days on which the votes for Alphini are held, which shall be the same throughout Xanthal.
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::Clause 3: No person shall be an Alphin who shall not have attained to the Age of ten years, and been five years a citizen of Xanthal.
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::Clause 4: No primary political group shall be allowed more than one member in the position of Alphin at any point in time.
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::Clause 5: In cases where an office of Alphin is vacated through conviction of impeachment charges, death, resignation, or Council-determined inability to discharge official powers, the Speaker of the Council shall assume the vote of the vacated office until a new Alphin shall be elected.
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::Clause 6: Each Alphin shall receive an equal annual compensation, and no law varying the compensation for the services of the Alphini shall take effect until a full election cycle shall have intervened. No Alphin shall accept any compensation outside of that which is allotted by law.
+
  
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:''Section 2.''
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=Article II – Legislative power=
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::Each Alphin shall have one vote in executive decisions. All legal executive decisions must be ratified by two of the three Alphini. Certain exceptions can be made with the unanimous consent of the Alphini, but shall be repealed at the order of any one Alphin.
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:''Section 3.''
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Section 1.
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::Clause 1: The Alphini shall be the chief commanding body of Xanthal’s military forces.
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:Clause 1: The primary legislative power of Xanthal shall be vested in the Legislatures of its States.
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::Clause 2: The Alphini shall have power to make treaties and nominate judges of the Daiho for Council confirmation.
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:Clause 2: States may choose the prerequisites their citizens must meet to take public office, so long as said prerequisites are appropriate and relevant to the duties of that office.
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::Clause 2: The Alphini shall have power to nominate all officers of Xanthal whose appointments are not herein otherwise provided for; but the Council may by law vest the appointment of such inferior officers as they think proper in the Alphini alone, in courts of law, or in heads of departments.
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:Clause 3: Each State shall have a Legislature elected in polls free and open to all citizens, in which each citizen shall have a single vote of equal value.
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::Clause 3: The Alphini shall have power to fill up all vacancies that may happen during the recess of the Council by granting commissions which shall expire at the end of the Council’s next session.
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:Clause 4: Individual members of the State Legislature shall be selected either by majority vote in exclusive and exhaustive regions or by apportionment based upon the collective votes of such regions or of all citizens.
 +
:Clause 5: No State Legislator shall serve more than two years without an intervening election.
 +
:Clause 6: Every Legislature shall be open to public observation and keep public records of its proceedings, excepting sessions that are judged by two thirds of Legislators to require secrecy.
  
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:''Section 4.''
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Section 2.
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::The Alphini shall periodically give to the Council information on the nation’s international standing, and recommend to its members such measures judged necessary and expedient. The Alphini may, on extraordinary occasions, convene the Council, but cannot adjourn it and may be barred from ordering a convention by the Daiho. The Alphini shall also receive ambassadors and other foreign officials, and shall commission such officers on behalf of Xanthal.
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:Clause 1: No law varying compensation for the services of Legislators shall take effect until a full election cycle has intervened.
 +
:Clause 2: No Legislator shall accept any compensation beyond that which is allotted equally by law to all Legislators of that State.
 +
:Clause 3: Legislators shall be exempt from arrest or prosecution for any nonviolent action in a Legislative session.
  
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== Article III. ==
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Section 3.
 +
:Clause 1: Each Legislator shall have one vote in the Legislature to which it was elected. No Legislature shall make any decision without a majority of its Legislators in favor. A State’s own constitution or laws may apply higher standards, but two thirds of voting members in favor shall always be sufficient to approve a Federal law.
 +
:Clause 2: Each Legislature shall have the power to determine the rules of its proceedings and pass and repeal laws in accordance with its State’s constitution.
 +
:Clause 3: Three fourths of the Legislatures shall collectively wield the power to pass Federal laws.
 +
:Clause 4: A majority of the Legislatures shall collectively wield the power to repeal Federal laws.
  
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:''Section 1.''
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Section 4.
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::The judicial power of Xanthal shall be vested in one Daiho, which shall have nine member judges, and in such inferior courts as it may ordain and establish. Judges, both of the Daiho and inferior courts, shall hold their offices for life except in instances of resignation, conviction of impeachment charges, or inability to discharge official powers, and shall receive an annual compensation for their services, which shall not be diminished during their continuance in office.
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:Clause 1: The Legislatures shall collectively wield the power to impose taxes.
 +
:Clause 2: The Legislatures shall collectively wield the supreme power to determine the rules of elections.
 +
:Clause 3: The Legislatures shall collectively wield the power to remove Federal officials from office.
 +
: Clause 4: The Legislatures shall collectively wield the sole power to overturn executive Orders.
 +
:Clause 5: The Legislatures shall collectively wield the power to establish public organizations for the promotion of the general welfare.
 +
:Clause 6: The Legislatures shall collectively wield the supreme power to make rules for government institutions.
 +
:Clause 7: The Legislatures shall collectively wield the supreme power to regulate commerce conducted between States.
 +
:Clause 8: The Legislatures shall collectively wield the sole power to coin and regulate the value of currency.
 +
:Clause 9: The Legislatures shall collectively wield the supreme power to fix the standard of weights and measures.
 +
:Clause 10: The Legislatures shall collectively wield the sole power to authorize offensive military action.
 +
:Clause 11: The Legislatures shall collectively wield the supreme power to make laws necessary to effectively execute their powers or to maintain order within the territorial boundaries of Xanthal.
  
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:''Section 2.''
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Section 5.
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::In all judicial rulings, each participating judge shall have one vote. All legal executive decisions must be ratified by two of the three Alphini.
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:Clause 1: The auxiliary legislative power of Xanthal shall be vested in its Citizens, who may assume all the powers of the Legislatures by the conditions below.
 +
:Clause 2: On the demand of the Triumvirate or one fourth of the Legislatures an issue previously decided by the Legislatures can be re-opened in a referendum open to all Citizens, two thirds of whom may vote to overturn the decision when supported by a majority of the votes cast in each of three fourths of the States.
  
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:''Section 3.''
 
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::Clause 1: The judicial power shall extend to all legal issues arising under this Constitution, the laws of Xanthal and its entities, and treaties to which Xanthal is party occurring within the physical territory of Xanthal or involving a citizen or official representative of or to Xanthal.
 
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::Clause 2: In all cases affecting foreign representatives, and those in which a province shall be party, the Daiho shall have original jurisdiction; in all other cases the Daiho shall have appellate jurisdiction, both as to law and fact. The Daiho is responsible for the faithful execution of the laws of Xanthal.
 
−
::Clause 3: The trial of all crimes shall be decided by a panel of three or more judges for all but offenses of the lowest class as the Council may determine. Such trials shall be held by a court local to the legal level on which charges are brought wherein the supposed crimes shall have been committed; with jurisdiction falling to the highest court able to bring charges or elsewhere as the Daiho may by law direct.
 
−
::Clause 4: The Daiho shall have the power to nullify any law or policy of Xanthal that it judges to be in explicit violation of this Constitution provided that three quarters of its members concur.
 
−
::Clause 5: The courts of Xanthal shall have the power to order any evidence or testimony material to a case on trial delivered up in confidence to the trial court, regardless of circumstance.
 
  
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:''Section 4.''
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=Article III – Executive power=
−
::Clause 1: The Daiho shall have the sole power to try all impeachments, and shall not convict without the concurrence of two thirds of its members.
+
−
::Clause 2: Impeachment can only take place when one or more offenses of the first, second, or third class or a rule of this Constitution has been violated by the accused official.
+
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::Clause 3: Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold public office of Xanthal, but the party convicted shall, if convicted, be liable and subject to indictment, trial, judgment, and punishment according to law.
+
  
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:''Section 5.''
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Section 1.
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::Clause 1: Treason against Xanthal shall consist only of a citizen or declared ally of Xanthal levying war against the nation or giving illegal aid to its declared enemies. No citizen shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court.
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:Clause 1: The executive power of Xanthal shall be vested in three Triumvirs chosen every three years, each on a different year, by the Citizens of Xanthal.
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::Clause 2: The Council shall have power to declare the actions that may be taken on those convicted of treason. Passive offenses cannot constitute treason.
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:Clause 2: Any Citizen may be a Triumvir who has attained the age of ten years and been a Citizen for at least five years.
 +
:Clause 3: No person shall become a Triumvir who is of the same State or political party as an incumbent Triumvir.
 +
:Clause 4: Triumvirs shall be paid with public funds a wage no less than that of the average Xanthalian.
 +
:Clause 5: No Triumvir shall accept any compensation beyond that which is allotted equally to all Triumvirs by law.
  
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== Article IV. ==
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Section 2.
 +
:Any binding decision by the Triumvirate is an executive Order. No fewer than two concurring Triumvirs may issue an executive Order. Exceptions can be made with the unanimous consent of the Triumvirate, but may be revoked at any time by any one Triumvir.
  
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:''Section 1.''
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Section 3.
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::Clause 1: Three fourths of the Council may affirm a vote of no confidence in the Alphini, at which point the Daiho will exercise all executive powers until three Alphini are elected and take office in the manner set forth in this Constitution.
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:Clause 1: The Triumvirate shall determine the rules of its proceedings.
−
::Clause 2: When a vote of no confidence in the Alphini is affirmed, a new election must take place after four weeks and before six weeks have passed. The new executive panel, composed of the three candidates that recieved the greatest number of first-choice votes, must take office within one month of the original no confidence vote.
+
:Clause 2: The Triumvirate shall, to protect the States against invasion and unlawful insurrection, provide for the construction, maintenance, and command of Xanthal’s military forces, of which the Triumvirate shall be supreme commander.
 +
:Clause 3: The Triumvirate shall have the sole power to make treaties with the consent of all three Triumvirs.
 +
:Clause 4: The Triumvirate shall receive ambassadors and other foreign officials, and shall appoint representatives on behalf of Xanthal.
 +
:Clause 5: The Triumvirate shall nominate Judges of the High Court.
 +
:Clause 6: The Triumvirate shall administer the Federal budget and all Federal services except those provided by the judiciary.
  
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:''Section 2.''
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Section 4.
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::Clause 1: Three fourths of the Council may affirm a vote of no confidence in the Daiho, at which point the legislature will exercise all judicial powers until nine judges are appointed and confirmed in the manner set forth in this Constitution to form the new panel of the Daiho.
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:The Triumvirate shall submit to the Legislatures nominations and proposals for laws it judges necessary to the effective execution of its duties, which shall return their decisions in no more than one month.
−
::Clause 2: When a vote of no confidence in the Daiho is affirmed, the new judicial panel must take office within one month. If after five weeks following the no confidence vote have passed one or more positions in the Daiho remain unfilled, a majority of the Council may vote to suspend the Alphini’s power to nominate Daiho judges and elect them within the Council with a two thirds vote. If there are still unfilled positions nine weeks after the original no confidence vote, the Speaker of the Council will appoint the remaining judges within one week.
+
  
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:''Section 3.''
 
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::Individual no confidence proceedings cannot be initiated within eleven weeks of each other.
 
  
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:''Section 4.''
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=Article IV – Judicial power=
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::Two Alphini and six judges of the Daiho may delay action on a vote of no confidence by registering official protest of the decision within one day of the vote. If this occurs, a referendum shall be held throughout Xanthal after four weeks and before six weeks have passed in which citizens shall be asked to confirm or deny the no confidence vote. A majority of voters are needed to confirm.
+
  
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:''Section 5.''
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Section 1.
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::Two Alphini may declare a national state of emergency, during which the executive branch shall temporarily assume all judicial powers and the ability to override judicial protocol.
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:Clause 1: The judicial power of Xanthal shall be vested in one High Court, which shall have nine member judges, and in such inferior Courts as it may ordain and establish.
 +
:Clause 2: Judges, both of the High Court and inferior Courts, shall hold their offices until they die, resign, or are removed by the Legislature(s) having jurisdiction.
 +
:Clause 3: Judges shall receive an equal annual compensation for their services, which shall be adjusted automatically to match fluctuations in the consumer price index.
  
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:''Section 6.''
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Section 2.
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::The Council may end a national state of emergency at any time with a majority vote. Immediately after doing so, the Council may specify a set amount of time, not to exceed one year, that must expire before another national state of emergency is declared. The decision to suspend Alphinic power to declare such states of emergency can only be made immediately after a vote to end a current state of emergency; and can be rescinded at any time with a two thirds vote.
+
:Clause 1: The High Court shall determine trial procedures, which shall be the same in all Courts.
 +
:Clause 2: The Courts shall have the supreme power to resolve all legal disputes arising under this Constitution, the laws of Xanthal, and the Constitutions and laws of the States.
 +
:Clause 3: The High Court shall be directly responsible for the faithful execution of this Constitution throughout Xanthal.
 +
:Clause 4: In all cases involving a dispute between States or within the Federal government the High Court shall have original jurisdiction; in all other cases the High Court shall have appellate jurisdiction.
 +
:Clause 5: The determination of guilt and resulting remedial measures shall be made unanimously by a panel of three or more judges, jurisdiction falling to the lowest Court able to bring charges or elsewhere as the High Court may direct.
 +
:Clause 6: The Courts shall have the sole power to issue warrants authorizing searches and seizures, to compel attendance and the presentation of evidence and testimony at trial, and to pass summary judgment on any person that obstructs justice.
 +
:Clause 7: The High Court shall have the power to nullify any Law or Order that it judges to be in violation of this Constitution provided that seven of its members concur.
  
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== Article V. ==
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Section 3.
 +
:The High Court shall submit to the Legislatures proposals for laws it judges necessary to the effective execution of its duties, which shall return their decisions in no more than one month.
  
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:''Section 1.''
 
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::Full faith and credit shall be given in each province to the public acts, records, and judicial proceedings of every other province. The Council may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.
 
  
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:''Section 2.''
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=Article V – Individual rights=
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::Clause 1: The citizens of all provinces shall be entitled to equal treatment and protection under the law.
+
−
::Clause 2: A party fleeing from judicial authority in one court’s jurisdiction, if found in another’s, shall on demand of the judicial authority of the jurisdiction fled be delivered to that jurisdiction to stand trial.
+
  
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:''Section 3.''
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Section 1.
−
::Clause 1: New provinces may be admitted by two thirds of the Council into the nation of Xanthal.
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:Any person without foreign citizenship that continuously resides in a State for one year shall be a citizen of that State as long as they continue to reside in that State. All past and present State citizens and people residing in Federally administered territories are Citizens of the Federated Democratic States of Xanthal unless they decline Citizenship or are citizens of another country.
−
::Clause 2: The Council shall have power to make and dispose of all needful rules and regulations respecting the territory or other property belonging to Xanthal.
+
  
−
:''Section 4.''
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Section 2.
−
::Xanthal shall guarantee to every province a three-branch republican form of government on the model of this Constitution, and shall protect each of them against invasion and domestic violence. All provincial constitutions are subordinate to this Constitution, and all laws of incorporated entities are subordinate to the laws of the entity in which they are incorporated.
+
:All Citizens shall be entitled to equal treatment and protection under the laws of the Federation and the States.
  
−
== Article VI. ==
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Section 3.
 +
:Acceptance to any public or private position shall not be denied for reasons not directly relevant to the performance of the duties associated with that position. No law shall be passed endorsing unjustifiable discriminatory practices.
  
−
:''Section 1.''
+
Section 4.
−
::In all elections ordained by this Constitution voting shall be carried out by providing a ballot listing five candidate choices, ordered by voter preference, for each position to be filled. In the counting process the first-choice votes for each candidate shall be totaled. If no candidate has a majority of the vote, the candidate with the least votes shall be eliminated, and ballots cast for that candidate counted towards the next non-eliminated choice. This process shall be repeated until the vote is divided between two candidates.
+
:The government shall preserve the right of all Citizens to freedom of religion, of speech, to peaceful assembly, or to petition the government, nor shall it restrict the establishment of independent media.
  
−
:''Section 2.''
+
Section 5.
−
::If no popular majority is reached through the process in Section 1, a new vote shall be held as soon as possible with only the top two candidates from the final count listed as choices for the vote, and whosoever of the two receives the majority of votes shall be the election's winner.
+
:No warrants authorizing the search or seizure of private property shall be issued in the absence of probable cause.
  
−
:''Section 3.''
+
Section 6.
−
::In the extraordinary event that no majority is reached in the process designated in sections 1 and 2, the official legislative body having most immediate relation to the disputed position shall select the winner.
+
:No person shall be tried more than once for the same offense, nor have judgment or sentence passed on them without due process of law, nor have their property taken without just compensation.
  
−
:''Section 4.''
+
Section 7.
−
::Voters shall in all elections be provided with a complete list of all candidates and their political affiliations to aid in the voting process, but no candidates or parties may be represented on the ballot itself.
+
:In all judicial proceedings, the accused shall have the right to be informed of the nature and cause of the accusations against them, to the assistance of qualified legal counsel, to a speedy and public trial by impartial judges, and to be confronted with the prosecution's witnesses and evidence.
  
−
== Article VII. ==
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Section 8.
 +
:The right to a judicial review of judgment passed or sentence imposed by a public or private authority shall not be suspended.
  
−
:''Section 1.''
+
Section 9.
−
::This Constitution shall be the supreme law of the land; and all other constitutions, doctrines, laws, and treaties shall be subordinate to it.
+
:No person shall be subjected to torture or any other form of extreme duress for any reason.
  
−
:''Section 2.''
+
Section 10.
−
::No preferential test shall be required as a qualification to any public or private position, nor any discrimination not directly relevant to the performance of the duties associated with that position tolerated.
+
:The right of Citizens to migrate within or between States shall not be abridged, nor shall emigration be prohibited.
  
−
:''Section 3.''
+
Section 11.
−
::The government of Xanthal shall not respect or restrict any establishment of religion over other religions or lack thereof, abridge freedom of speech or of the press, or infringe upon the right of the people to assemble peaceably or otherwise petition the government.
+
:All Citizens are entitled to a complete general education and whatever further education is needed to prepare them for employment.
  
−
:''Section 4.''
+
Section 12.
−
::The right of the people to be secure in their persons and property, both tangible and intangible, from unreasonable searches and seizures shall not be violated, and warrants shall only be issued on probable cause that particularly describe the place to be searched and the persons or things to be seized.
+
:No law shall be passed that provides for judgment of a Citizen without a fair trial or retroactive enforcement of laws.
  
−
:''Section 5.''
 
−
::No person shall be tried more than once for the same offense; nor have judgment or sentence passed on them without due process of law; nor shall private property be taken for public use without just compensation.
 
  
−
:''Section 6.''
+
=Article VI – Amendment requirements=
−
::In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by impartial judges, to be informed of the nature and cause of the accusation, to be confronted with the prosecution's witnesses and evidence, to have compulsory process for obtaining defense witnesses and evidence, and to have the assistance of qualified legal counsel.
+
  
−
:''Section 7.''
+
This Constitution may be amended by two thirds of the Legislators in each of four fifths of the Legislatures or by two thirds of voting Citizens forming a majority in each of four fifths of the States, but shall not be altered in any way that narrows the requirements of Citizenship or deprives all Citizens of their equal suffrage.
−
::The right of any person to a judicial review of any judgment passed or sentence imposed on them by a public or private authority shall not be suspended.
+
−
 
+
−
:''Section 8.''
+
−
::All disputes heard before the courts of Xanthal and its provinces shall be subject to the same rules and regulations, and no bias shall be accepted on the part of ruling judges.
+
−
 
+
−
:''Section 9.''
+
−
::In all cases the actions taken on a criminal must fit the crime committed as well as possible, and all such judgments given equally. No sentence may include transfer of any money or items unless measurable financial damage was caused to one or more parties as a direct result of another party, in which case the damaging party must give restitution equal to the damage caused, as determined by the court. Torture, both physical and psychological, shall be in all cases forbidden.
+
−
 
+
−
:''Section 10.''
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::The powers not delegated to Xanthal or prohibited to it or its parties in this Constitution are reserved to the provinces respectively, or to the people.
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:''Section 11.''
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::No involuntary servitude, except as a punishment for crime whereof the party shall have been convicted in a court of the Daiho, shall be permitted.
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:''Section 13.''
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::The right to vote shall not be denied to any citizen, and no individual vote shall be counted or valued differently than any other.
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:''Section 14.''
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::The migration of persons into, out of, or within Xanthal shall not be prohibited.
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:''Section 15.''
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::In cases of fundamental inequalities, equal application of the law is to be interpreted on a party or individual basis. This weighting shall be permissible only in cases where a precipitating fundamental inequality can be proved and accepted by three fourths of the Daiho, and then must be legislated in the most fair and equal manner possible.
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:''Section 16.''
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::All citizens shall receive a general education and further education as they may request, as determined by law, to prepare them for employment in their area of their choice. This education shall be individually equal, universal, and gratis.
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== Article VIII. ==
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::The Council, whenever two thirds shall deem it necessary, may propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the provinces, 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 three fourths of the Council and two thirds of the provincial legislatures; provided that no party shall be deprived of its equal suffrage in the Council.
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[[Category:Constitutions]]
 
[[Category:Xanthal]]
 
[[Category:Xanthal]]

Latest revision as of 16:39, 7 October 2007

[All periods are given in Xanthalian time.]

Preamble

On behalf of the Xanthalian people: to provide for our mutual defense, secure our common interests, consolidate our resources, and promote a blissful Union, we the Council of Xanthal and the Boards of its Districts hereby dissolve the Socialist Republic and establish this Constitution of the Federated Democratic States of Xanthal, which shall be the supreme law of the land.


Article I – State requirements and rights

Section 1.

The founding Xanthalian Democratic States shall be Mirfak, Shinra, Than, and Trasnia. New States may be admitted into the Federation with the approval of three fourths of existing States.

Section 2.

Any planet controlled by a democratically-elected Legislature that exceeds five percent of Xanthal’s total citizen population is eligible for Statehood. Planets may apply for Statehood as a group so long as they collectively exceed five percent of Xanthal’s citizen population. Once admitted, a State’s citizen population will not affect its status as a State.

Section 3.

Full faith and credit shall be given in each State to the records of every other State.

Section 4.

All States shall be entitled to equal treatment and protection under the laws of the Federation.

Section 5.

Each State may set its own import and export laws, but may not make treaties with other countries.

Section 6.

States may secede from the Union with the approval of three fourths of other States. States may be ejected from the Union if voted out by three fourths of other States.


Article II – Legislative power

Section 1.

Clause 1: The primary legislative power of Xanthal shall be vested in the Legislatures of its States.
Clause 2: States may choose the prerequisites their citizens must meet to take public office, so long as said prerequisites are appropriate and relevant to the duties of that office.
Clause 3: Each State shall have a Legislature elected in polls free and open to all citizens, in which each citizen shall have a single vote of equal value.
Clause 4: Individual members of the State Legislature shall be selected either by majority vote in exclusive and exhaustive regions or by apportionment based upon the collective votes of such regions or of all citizens.
Clause 5: No State Legislator shall serve more than two years without an intervening election.
Clause 6: Every Legislature shall be open to public observation and keep public records of its proceedings, excepting sessions that are judged by two thirds of Legislators to require secrecy.

Section 2.

Clause 1: No law varying compensation for the services of Legislators shall take effect until a full election cycle has intervened.
Clause 2: No Legislator shall accept any compensation beyond that which is allotted equally by law to all Legislators of that State.
Clause 3: Legislators shall be exempt from arrest or prosecution for any nonviolent action in a Legislative session.

Section 3.

Clause 1: Each Legislator shall have one vote in the Legislature to which it was elected. No Legislature shall make any decision without a majority of its Legislators in favor. A State’s own constitution or laws may apply higher standards, but two thirds of voting members in favor shall always be sufficient to approve a Federal law.
Clause 2: Each Legislature shall have the power to determine the rules of its proceedings and pass and repeal laws in accordance with its State’s constitution.
Clause 3: Three fourths of the Legislatures shall collectively wield the power to pass Federal laws.
Clause 4: A majority of the Legislatures shall collectively wield the power to repeal Federal laws.

Section 4.

Clause 1: The Legislatures shall collectively wield the power to impose taxes.
Clause 2: The Legislatures shall collectively wield the supreme power to determine the rules of elections.
Clause 3: The Legislatures shall collectively wield the power to remove Federal officials from office.
Clause 4: The Legislatures shall collectively wield the sole power to overturn executive Orders.
Clause 5: The Legislatures shall collectively wield the power to establish public organizations for the promotion of the general welfare.
Clause 6: The Legislatures shall collectively wield the supreme power to make rules for government institutions.
Clause 7: The Legislatures shall collectively wield the supreme power to regulate commerce conducted between States.
Clause 8: The Legislatures shall collectively wield the sole power to coin and regulate the value of currency.
Clause 9: The Legislatures shall collectively wield the supreme power to fix the standard of weights and measures.
Clause 10: The Legislatures shall collectively wield the sole power to authorize offensive military action.
Clause 11: The Legislatures shall collectively wield the supreme power to make laws necessary to effectively execute their powers or to maintain order within the territorial boundaries of Xanthal.

Section 5.

Clause 1: The auxiliary legislative power of Xanthal shall be vested in its Citizens, who may assume all the powers of the Legislatures by the conditions below.
Clause 2: On the demand of the Triumvirate or one fourth of the Legislatures an issue previously decided by the Legislatures can be re-opened in a referendum open to all Citizens, two thirds of whom may vote to overturn the decision when supported by a majority of the votes cast in each of three fourths of the States.


Article III – Executive power

Section 1.

Clause 1: The executive power of Xanthal shall be vested in three Triumvirs chosen every three years, each on a different year, by the Citizens of Xanthal.
Clause 2: Any Citizen may be a Triumvir who has attained the age of ten years and been a Citizen for at least five years.
Clause 3: No person shall become a Triumvir who is of the same State or political party as an incumbent Triumvir.
Clause 4: Triumvirs shall be paid with public funds a wage no less than that of the average Xanthalian.
Clause 5: No Triumvir shall accept any compensation beyond that which is allotted equally to all Triumvirs by law.

Section 2.

Any binding decision by the Triumvirate is an executive Order. No fewer than two concurring Triumvirs may issue an executive Order. Exceptions can be made with the unanimous consent of the Triumvirate, but may be revoked at any time by any one Triumvir.

Section 3.

Clause 1: The Triumvirate shall determine the rules of its proceedings.
Clause 2: The Triumvirate shall, to protect the States against invasion and unlawful insurrection, provide for the construction, maintenance, and command of Xanthal’s military forces, of which the Triumvirate shall be supreme commander.
Clause 3: The Triumvirate shall have the sole power to make treaties with the consent of all three Triumvirs.
Clause 4: The Triumvirate shall receive ambassadors and other foreign officials, and shall appoint representatives on behalf of Xanthal.
Clause 5: The Triumvirate shall nominate Judges of the High Court.
Clause 6: The Triumvirate shall administer the Federal budget and all Federal services except those provided by the judiciary.

Section 4.

The Triumvirate shall submit to the Legislatures nominations and proposals for laws it judges necessary to the effective execution of its duties, which shall return their decisions in no more than one month.


Article IV – Judicial power

Section 1.

Clause 1: The judicial power of Xanthal shall be vested in one High Court, which shall have nine member judges, and in such inferior Courts as it may ordain and establish.
Clause 2: Judges, both of the High Court and inferior Courts, shall hold their offices until they die, resign, or are removed by the Legislature(s) having jurisdiction.
Clause 3: Judges shall receive an equal annual compensation for their services, which shall be adjusted automatically to match fluctuations in the consumer price index.

Section 2.

Clause 1: The High Court shall determine trial procedures, which shall be the same in all Courts.
Clause 2: The Courts shall have the supreme power to resolve all legal disputes arising under this Constitution, the laws of Xanthal, and the Constitutions and laws of the States.
Clause 3: The High Court shall be directly responsible for the faithful execution of this Constitution throughout Xanthal.
Clause 4: In all cases involving a dispute between States or within the Federal government the High Court shall have original jurisdiction; in all other cases the High Court shall have appellate jurisdiction.
Clause 5: The determination of guilt and resulting remedial measures shall be made unanimously by a panel of three or more judges, jurisdiction falling to the lowest Court able to bring charges or elsewhere as the High Court may direct.
Clause 6: The Courts shall have the sole power to issue warrants authorizing searches and seizures, to compel attendance and the presentation of evidence and testimony at trial, and to pass summary judgment on any person that obstructs justice.
Clause 7: The High Court shall have the power to nullify any Law or Order that it judges to be in violation of this Constitution provided that seven of its members concur.

Section 3.

The High Court shall submit to the Legislatures proposals for laws it judges necessary to the effective execution of its duties, which shall return their decisions in no more than one month.


Article V – Individual rights

Section 1.

Any person without foreign citizenship that continuously resides in a State for one year shall be a citizen of that State as long as they continue to reside in that State. All past and present State citizens and people residing in Federally administered territories are Citizens of the Federated Democratic States of Xanthal unless they decline Citizenship or are citizens of another country.

Section 2.

All Citizens shall be entitled to equal treatment and protection under the laws of the Federation and the States.

Section 3.

Acceptance to any public or private position shall not be denied for reasons not directly relevant to the performance of the duties associated with that position. No law shall be passed endorsing unjustifiable discriminatory practices.

Section 4.

The government shall preserve the right of all Citizens to freedom of religion, of speech, to peaceful assembly, or to petition the government, nor shall it restrict the establishment of independent media.

Section 5.

No warrants authorizing the search or seizure of private property shall be issued in the absence of probable cause.

Section 6.

No person shall be tried more than once for the same offense, nor have judgment or sentence passed on them without due process of law, nor have their property taken without just compensation.

Section 7.

In all judicial proceedings, the accused shall have the right to be informed of the nature and cause of the accusations against them, to the assistance of qualified legal counsel, to a speedy and public trial by impartial judges, and to be confronted with the prosecution's witnesses and evidence.

Section 8.

The right to a judicial review of judgment passed or sentence imposed by a public or private authority shall not be suspended.

Section 9.

No person shall be subjected to torture or any other form of extreme duress for any reason.

Section 10.

The right of Citizens to migrate within or between States shall not be abridged, nor shall emigration be prohibited.

Section 11.

All Citizens are entitled to a complete general education and whatever further education is needed to prepare them for employment.

Section 12.

No law shall be passed that provides for judgment of a Citizen without a fair trial or retroactive enforcement of laws.


Article VI – Amendment requirements

This Constitution may be amended by two thirds of the Legislators in each of four fifths of the Legislatures or by two thirds of voting Citizens forming a majority in each of four fifths of the States, but shall not be altered in any way that narrows the requirements of Citizenship or deprives all Citizens of their equal suffrage.

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