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Constitution of the Federation of Free States
Topic Started: Aug 11 2013, 05:45 PM (128 Views)
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The Constitution of the Federation of Free States
Preamble

We the Nations, Lands, and States with their Constituting Peoples do now establish and enact this Constitution of this 'Federation of Free States' that through it we might spread Justice, Good-will, Human Dignity and peace, independence, and Liberty, and preserve and protect the Rights, Freedoms, and Beliefs of those mentioned thereof.

This Federation established upon the month of January Anno Domini 2013 shall thenceforth be known as an 'Alliance of Nations United for Justice and Freedom, and committed to a Libertarian and Conservative Regional Government, so believing in preserving a Federation and National Sovereignty while opposing both Fascism and Communism and upholding values of the Abrahamic Faiths. The purpose of the state is to protect the liberty and the rights of the people, and ensuring the independence and security of the country.

This Constitution of the Federation of Free States (FFS) shall be established June Anno Domini 2013 as the law of the land for the region and shall establish the regional government, all while maintaining a nation’s right to sovereignty. The FFS is to be capitalist by nature. The values of republicanism and democracy are to be held dear. The official language of the FFS is English. The Constitution of the FFS intends to create a federal and nation relationship, where each has its own sovereignty.

The Nations

1.1. The federation shall consist of the people and nations the region. Nations are to ratify this Constitution, are to be confirmed as a legitimate nation, and state the oath of membership. In the federation, nations are coequal under law and in status.

1.2. A legitimate nation is defined as a nation that is a person’s primary nation in the FFS and is the only nation which that person uses as a voter in elections. One person has one vote.

1.3. To be a member (or citizen), the nation must sign up on the forum in order for their IP address to be recorded to prevent voter fraud. The Minister of Security shall manage membership records.

1.4. The oath of membership is as follows:
“Solemnly, freely, and without mental reservation, I hereby renounce under oath all allegiance to any foreign state. My fidelity and allegiance from this day forward is to the Federation of Free States. I pledge to support, honor, and be loyal to the Federation, its Constitution, and its laws. I further commit myself to defend the Constitution and laws of the Federation against all enemies, foreign and domestic, either by military, noncombatant, or civilian service. This I do solemnly swear (so help me God).”

1.5. Upon being granted membership to the FFS, the member nation is granted full legal protection and rights of membership and is permitted to hold governmental office. Members with WA membership are the militia members for the Regional Guard or the alternatives as described in Article 5.

1.6. Diplomatic nations and visitors are not to be considered member nations. The rights of these nations are not guaranteed full protection under the law.

1.7. Puppets of member nations shall be considered as non-voting members. The Minister of Security must be notified if nation is a puppet of a member.

1.8. The status of resident shall be granted to non-member nations. To qualify as a resident, a nation must meet the following requirements:
-Must have resided in the region of the Federation of Free States for no fewer than two consecutive days
-Must have continually resided in the Federation
-Must currently reside in the Federation.

To become a “resident,” a nation must register their residency with the Minister of Security. Meeting all the requirements does not confer the official status of “resident” onto a nation so long as they are not registered with the Minister of Security. Puppets of citizens are not to be considered “residents.”

1.9. Residents possess the right to a fair, public trial in civilian cases. Residents may travel freely, without their residency status being revoked, so long as the following conditions are met:
-The resident nation has notified the Minister of Security, or the Federal President or Federal Chancellor in his/her temporary absence, of their intention to travel
-The resident nation has received his/her explicit approval
-The visit is no longer than three days. If a resident wishes to extend the length of the visitation, he/she must reapply to the Minister of the Security, or the Federal President or Federal Chancellor in his/her temporary absence, for an extension.

If a nation’s residency is revoked from absence his/her name will be struck from the list, he/she may however reapply. Residents, when traveling, need not specify their destination, nor shall lying about destination be considered an offense, except in the case of a declared state of emergency. Residents have the full protection of the right of faith and worship guaranteed to citizens. However they may not hold public office, vote, maintain puppets in the Federation, and join the World Assembly.

1.10. Within the Federation, the right of national sovereignty requires that member nations have the final say in regional government. To grant nations direct representation, nations are granted the right to vote regionally on referendums and initiatives. The Chancellor will maintain the records of them and organize the voting on them.

1.11. By calling a federal referendum, a group of nations may challenge a law that has been passed by the Federal Assembly, if they can gather four signatures against the law within 20 days. If so, a national vote is scheduled where voters decide by a simple majority whether to accept or reject the law.

1.12. By calling a federal constitutional initiative, a group of nations may put a constitutional amendment to a national vote, if they can get five voters to sign the proposed amendment within 30 days. The Federal Assembly can supplement the proposed amendment with a counter-proposal, with voters having to indicate a preference on the ballot in case both proposals are accepted. In such a case, nations cast two votes, one for whether or not they want an amendment, and one for which one they want, the original one from the initiative or the one introduced in parliament. Constitutional amendments are vehicles for the overturn of Supreme Court rulings.

1.13. The WA nations of the FFS have the right to elect the Federal Chancellor every two months by popular vote of WA Members. During the Chancellor’s term, no other nation may accumulate more endorsements than the Federal Chancellor. Each WA member has an unlimited allotment of endorsements for selecting their candidates for Federal Chancellor. This allows nations to endorse who they choose during the current Federal Chancellor’s term as long as the nations they endorse does not surpass and has at least two fewer endorsements than the endorsements of the current Federal Chancellor. When it is time for an election, nations may accumulate any number of and more endorsements than the last Federal Chancellor.
All members of the World Assembly are required to endorse the elected Chancellor in order to obtain maximum regional security.

1.14. These rights allow nations to check the Federal Assembly and the Supreme Court.

1.15. The nations are sovereign insofar as their sovereignty is not limited by the constitution; they shall exercise all rights which are not transferred to the regional government through the constitution. The nations of the Federation delegate powers to the regional government through the constitution.

1.16. Member nations are guaranteed the rights stated as follows.

1.17. All rights not protected hereof shall never be construed to diminish or revoke those retained by the nations of this Federation.

1.18. The powers not here delegated to the Federal Government in all its forms are ever preserved for the nations and people.

1.19. The private affairs of each nation shall remain their own unless it hinders, hurts, and threatens the region's greater good, the right to administer all issues, rights, freedoms, and economics of your own state while wishing all these areas the best.

1.20. The freedoms of religion and faith are ever held by the constituting states, so long as deemed moral, and they shall have the right to name a state religion if they so choose. The regional government shall never claim direct adherence to any one religion or established communion, yet its officials ever may, and it may moreover express its moral and political agreement with such institutions and include 'statements of faith' in any legislation approved ever recognizing our 'Abrahamic Faith ideals'. This is done to protect religion from the government, not the government from religion.

1.21. The declaration and publication of any opinions or so called "speech" shall never be hindered unless it violates any other rights or threatens regional security.

1.22. These abiding persons and nations shall be ever considered innocent until proven guilty by proper and just judicial procedure.

1.23. The nations and people shall be permitted to assemble or protest peacefully with good conduct.

1.24. The use and holding of armaments and the like will never be infringed in order to promote national, regional, personal security and defense.

1.25. The people and nations shall never be so deprived of life, liberty, or property, without due process of law and justice.

1.26. All acts of slavery or involuntary service, except by punishment for crimes under the law or military conscription, shall not exist within the bounds of the Federation of Free States.

1.27. No nation of the Federation of Free States shall be tried for the same crime twice. No nation may be tried for an offense after a law is passed making that nation's past action an offense.

1.28. Member nations have the right to the freedom of travel between regions, as long as they do not permanently reside in that region.

Executive Branch

2.1. The Executive Council will form the core function of the executive and collectively the head of state; the Executive Council will include the following positions:
-The Federal President
-The Federal Chancellor
-The Minister of Security
-The Minister of Foreign Affairs
-The Minister of Justice

2.2. The Executive Council will meet as equals to discuss matters of regional importance whether legislative or security. This body will serve to guide the Executive in its tasks and increase communication. The Council is chaired by the Federal President. As a whole the Council may draft and propose legislation to the Federal Assembly. Executive Council will work together to fill the roles of absentee or unfilled positions. A nation serving in the Executive Council is limited to that one position. The Ministers of the Executive Council will be elected by popular election each shall serve a term of four months and can be reelected an unlimited number of times. Should a position become vacant a special election will refill the position for the remaining term length. Collectively, the Executive Council is the head of government and head of state.

2.3. Visiting heads of state are received by the Council.

2.4. The Executive branch is the executor of all regional law and the upholder of law and order for the region.

2.5. The Founder of the region will be called the Federal President (President) and will hold that position for life until he/she resigns and appoints a successor. In the interim, the Chancellor will carry out his/her duties. The President's successor must have the approval of the Federal Assembly. The Federal Assembly must be notified at least three days before resignation. If the Federal Assembly cannot achieve a simple majority vote on that successor, then it must select another candidate. A region wide referendum will decide his/her confirmation with a simple majority. He/she will serve as a member of the Executive Council as an equal member. The President chairs and presided over Council meetings. At the end of every two months, the President is to give a speech on the state of the region.

The President is permitted to recommend citizens for positions in the Executive Council. As the only permanent government position, the President is the Commander-in-Chief of the Armed Forces. The President has the power to execute the law on behalf and as result of the Executive Council’s decisions.

2.6 All legislation passed by the Federal Assembly must be signed by the Executive Council to be enacted. The council must vote on decisions, with at least a simple majority. If the Executive Council is inactive or unable to convene, the President may on behalf of the Executive Council act and sign the legislation. Legislation may be vetoed by Executive Council, though it may be overridden by the Federal Assembly with a four-fifths majority.

2.7. The WA Delegate shall be called the Chancellor. The Chancellor is to be elected every two months by popular vote of WA Members, and can serve an unlimited number of times. During the Chancellor’s term, he/she can only have the maximum WA endorsements; other nations cannot have more during the term. The Chancellor represents the region in the World Assembly. Should the Chancellor resign a successor will be appointed by the Federal Assembly to serve out his/her remaining term, in the meantime the President will assume his powers. He/she will serve on the Executive Council as an equal member.

The President may not serve as Chancellor. The Chancellor will serve as a liaison between the Federal Assembly and Executive Council and the Speaker of the Federal Assembly. He/she will serve as a member of the legislature and be both its nominal head and the speaker for member nations. He/she is not to vote in the Federal Assembly, unless as a tie-breaking vote in the case of an extended absence of a member of the Federal Assembly. The Chancellor is to propose legislation ideas from the Executive Council to the Federal Assembly for it to consider. Managing and recording elections, and referendums and initiatives shall be a role of his/her office. He/she has the power to pardon.

2.8. In times of threat or crisis the Federal Assembly may vote on giving the Executive Council emergency power, in which a state of emergency is declared. The Executive Council may transfer emergency power to the President if absolutely necessary. In the President's temporary absence the Chancellor make take upon the task of maintaining security through ejections et cetera. If the legislature is in a deadlock or cannot convene in times of necessity, the Executive Council may declare a legislative state of emergency and pass or repel legislation. A simple majority vote is required for all such instances.

The President, and in his/her absence the Chancellor, must maintain regional security, and may eject or ban nations that are considered threats. The President, or Chancellor, must have belief beyond reasonable doubt before banning or ejecting nations.

2.9. The Minister of Security will serve as the advisor to the legislature on matters laid out in his duties. His duties are:
-To work with the President and the Chancellor to carry out registration of members, residents, and puppets, and the maintenance of a list of those nations
-To observe and maintain security along with the President and the Chancellor
-To organize the defensive and military forces of the Federation, of which he is to report to the President
-To organize and carry out efforts to recruit new members

2.10. The Minister of Foreign Affairs will serve as the advisor to the legislature on matters to which his duties pertain. His duties are:
-To recommend embassies to be constructed
-To make suggestions pertaining to embassy requests received
-To run delegations and ambassadors in regions around the world
-To serve as a delegate in the creation of treaties with foreign governments which are to be voted on by the Federal Assembly and signed by the Executive Council

2.11. The Minister of Justice will serve as the advisor to the legislature on matters laid out in his duties. His duties are:
-To represent the government in court
-To state his opinions and views on laws being proposed
-To point out conduct of the government or people that is against the law
-To organize the requested cases concerning him with the Chief Justice

2.12. The Ministers of the the Executive Council are to create offices for their ministries. Records pertaining to their duties and ministries are to be publicly displayed. Records are to be passed on to newly elected ministers.

Legislative Branch

3.1. The legislature of the FFS shall be called the Federal Assembly.

3.2. The Federal Assembly shall be made up of five WA members, popularly elected by the nations of the FFS for a term of four months. Members will be known as Representatives. In the initial election, each seat will get a term only as long as its seat number. Seat one will get a month long term whereas seat five will get a five long month term, after which the term length will become four months for all seats. At the end of each term, there shall be new elections held. Whichever candidate for the Federal Assembly receives the most votes, wins. In the event a Federal Assembly member resigns, a special election will be held for the remainder of their term.

3.3. Laws must have a simple majority (at least three-fifths) to pass.

3.4. Amendments to the Constitution shall have to have a super majority (at least four-fifths) to pass.

3.5. The Federal Assembly shall have the power to:
-Declare war (War is to be declared in order to preserve regional security and safety, to defend the Federation and allies from invasions or raids, and the purpose of the war must be for defense and with just cause. The previous reasons are to be considered just causes. A just cause must be stated.)
-Conclude peace
-Establish procedure for elections
-Establish procedure for immigration
-Establish procedure for the armed forces
-Approve of treaties and embassies
-Pass amendments to the constitution
-To impeach Executive officials for breach of duty
-Override the Executive’s veto with a four-fifths majority
-To make and repeal laws which shall be necessary and proper for the well-being of the Federation of Free States. This includes, but is not limited to, the power of decision-making on laws pertaining to foreign and domestic policy issues, security and defense of the region, planning of regional activities, and cultural additions such as the flag, anthem and etc.

3.6. All legislation must be presented by one member and seconded another member before being put to vote. It is advised that debate on legislation is given ample time, although it is not required. If a Representative is on a extended absence, he/she will not be included in the vote. Upon return, that Representative will return to his/her regular duties. This shall be the remain protocol for multiple absences. In the event of a tie due to a Representative's extended absence, the Chancellor as Speaker of the Federal Assembly can serve as a tie

3.7. In the case that a seat becomes vacant, a special election shall be held. Whoever fills the seat shall serve until the end of that specific seat’s term. In regular elections, each seat will have an election at a staggered increment.

3.8. When voting on legislation, members of the Federal Assembly are to vote either one of:
-Aye
-Nay
-Abstain

The vote with whatever required majority shall proceed.

3.9. A candidate for the Federal Assembly must join the World Assembly at least 7 days directly prior to Election Day. If elected, he/she must remain a World Assembly member for 7 days directly afterward.

3.10. Before entering Federal Assembly, the nation must repeat the following oath:
“I do solemnly swear that I will support and defend the Constitution of the Federation of Free States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. (So help me God.)”

Judicial Branch

4.1. The Judicial branch of the Federation of Free States will comprised of the Supreme Court and Regional Court.

4.2. The Supreme Court will be responsible for the interpretation of the constitution and law.

4.3. The Supreme Court will be composed of one judge, the Chief Justice. The Supreme Court Justice will be popularly elected. Additionally, the Chief Justice can be removed by referendum (procedure is identical to that of in Article 1).

4.4. The Supreme Court will preside over any matters related to the constitution. The Court has the duty to state the constitutionality of laws. Its rulings shall be the law of the land, although, the ultimate judgment rests in the nations of the FFS. Through initiatives or the Federal Assembly, rulings may be overturned by constitutional amendments.

4.5. The Supreme Court will establish judicial precedent in the cases which it rules on. Interpretations of the constitution and law must be applied in future instances, and should be published publicly.

4.6. The Supreme Court justice will preside over criminal and civil cases as well if a Regional Court decision is appealed.

4.8. The Supreme Court will have jurisdiction over violations of:
- constitutional and fundamental rights of nations
- international law
- appeals from the lower court concerning federal law

4.9. The Regional Court will have jurisdiction over violations of
- federal law (regional law)

4.10. The Regional Court is to be presided over by the Regional Judge who is to be popularly elected by the members of the FFS and can be removed by referendum (procedure is identical to that of in Article 1).

4.11. The Regional Court and Judge remain subordinate to the Chief Justice. The Chief Justice may override the Regional Court's initial jurisdiction and take the case to the Supreme Court if appealed.

4.12. If the post of Regional Judge is unoccupied the Chief Justice may individually appoint the Minister of Justice as the judge over a trial.

4.13. The Supreme and Regional Court will follow the following general procedure in regular cases:
-Government/Citizen asks for a trial
-Court is organized
-The ‘Prosecutor’ presents a statement first
-The other party retorts
-Final statements
-The Justice may make further inquiries
-Verdict is given, sentence carried
-Result recorded as needed

4.14. Any trial concerning the regional government will be taken to the Supreme Court.

4.15 No federal official is exempt of a trial.

4.16. If the Supreme Court Justice claims that an act by the federal government or any legislation passed by them is unconstitutional, that legislation or act shall be made mute.

4.17. The Supreme Court Justice and Regional Court Judge must state the following two oaths of office:
“I, (name), do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as (office) under the Constitution and laws of the Federation of Free States. (So help me God.)”
“I do solemnly swear that I will support and defend the Constitution of the Federation of Free States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. (So help me God.)”

Armed Forces

5.1. The Armed Forces of the Federation of Free States shall be the defender force of the FFS. It is responsible for maintaining security and defense for the FFS.

5.2. The Armed Forces of the Federation of Free States shall be comprised of one branch known as the Regional Guard. The Regional Guard will be a militia force commanded by the Federal Government of the FFS and comprised of the nations of the FFS.

5.3. All nations who are a member of the WA and of the FFS are required to join either the Reserve Forces or the Active Service Forces. Service is compulsory for government officials as well.

5.4. The Minister of Security will be in charge regulating the Regional Guard. He/she must report to the Executive Council as a whole

5.5. The Minister of Security will be the Chief of Staff of the Regional Guard. He/she will be in this position as long as their term.

5.6. The only officer in the Regional Guard will be the Chief of Staff.

5.7. The President will be the Commander-in-Chief of the Regional Guard.

5.8. The Regional Guard responds to the Federal Assembly’s declaration of war. The Regional Guard may not interfere with the politics of the region. Its only purpose is the security and defense of the FFS as well as allies of the FFS. It must defend the region in times of invasion or a raid from foreign and domestic forces.

5.9. Nations may conscientiously object to serving with legitimate reason(s), e.g. the nation’s foundation and character is not compatible with military service. If a nation objects to military offensives, that nation can join the reserves. The reserves will only be used for defense of the region. If the nation completely objects to all military actions (e.g. religious and moral beliefs), that nation can provide other services to the FFS, such as cultural events and diplomatic missions.

5.10. The Director of the Regional Intelligence Agency will be in charge of gathering military and foreign intelligence, which is to be shared to the Armed Forces. He/she are to act only within and not above the law. This position may be held by anyone within the Regional Guard. The Chief of Staff is the superior to the Director of the Regional Intelligence Agency.
Edited by Forum Admin, Aug 15 2013, 04:47 PM.
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