Xanthalian Constitution

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[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

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.
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

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 emancipated sentient citizens, in which each citizen has 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: 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 taken 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. Higher standards may be applied by that State’s own constitution or laws.
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: A majority of the Legislatures shall collectively wield the power to repeal existing Federal law.
Section 4.
Three fourths of the Legislatures shall collectively wield…
Clause 1: The sole power to impose taxes, which must be deemed necessary to achieve the objectives listed in the Preamble.
Clause 2: The supreme power to determine election rules, as well as the times and days during which elections are held.
Clause 3: The power to remove Federal officials from office.
Clause 4: The sole power to overturn executive Orders.
Clause 5: The power to establish public organizations for the promotion of the general welfare.
Clause 6: The supreme power to make rules for Federal and State institutions.
Clause 7: The supreme power to regulate commerce conducted between States.
Clause 8: The sole power to coin and regulate the value of currency.
Clause 9: The supreme power to fix the standard of weights and measures.
Clause 10: The sole power to authorize the construction and maintenance of armed forces.
Clause 11: The sole power to authorize offensive military action.
Clause 12: The supreme power to make rules of warfare.
Clause 13: The supreme power to make laws for the maintenance of order within the territorial boundaries of Xanthal.
Clause 14: The supreme power to make all laws necessary and proper to execute the foregoing powers and maintain the authority of this Constitution.
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

Section 1.
Clause 1: The executive power of Xanthal shall be vested in three Triumvirs elected every three years, each on a different year, by a popular vote open to all 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.
Each Triumvir shall have one vote in the Triumvirate. 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 repealed at the order of any one Triumvir.
Section 3.
Clause 1: The Triumvirate shall have the power to determine the rules of its proceedings.
Clause 2: The Triumvirate shall command Xanthal’s military forces and protect the States against invasion and unlawful insurrection.
Clause 3: The Triumvirate shall have the power to make treaties, set tariffs, and appoint judges of the High Court.
Clause 4: The Triumvirate shall receive ambassadors and other foreign officials, and shall commission representatives on behalf of Xanthal.
Clause 5: The Triumvirate shall administer all Federal services except those provided by the judiciary.
Section 4.
The Triumvirate shall propose to the Legislatures laws it judges necessary to the effective execution of its duties, which shall return their decisions in no more than one month.


Article IV

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 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 judiciary shall have the supreme power to decide all legal disputes arising under this Constitution, the laws of Xanthal and the States, and treaties to which Xanthal is party occurring within the physical territory of Xanthal.
Clause 3: In all cases involving foreign representatives or in which a State shall be party, the High Court shall have original jurisdiction; in all other cases the High Court shall have appellate jurisdiction. The High Court is responsible for the faithful execution of laws throughout Xanthal.
Clause 4: 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 5: 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 judgment on any person that obstructs justice.
Clause 6: 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 its members unanimously concur.

Section 3.

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


Article V

Section 1: Each sentient being born and living in a State shall be a citizen of that State. All past and present state citizens are Citizens of the Federated Democratic States of Xanthal until they renounce their Citizenship.
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

This Constitution may be amended with the unanimous consent of the Legislatures or four fifths of the Citizens forming a majority in every State, but shall not be altered in any way that narrows the requirements of Citizenship or deprives all Citizens of their equal suffrage.