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.