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The constitution of the ADN as of 2004. Sourced from the official ADN forums; http://z3.invisionfree.com/ADN/index.php?showtopic=477
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The Constitution of the Alliance Defense Network, 2004
Preamble
The member Nations and Regions of the Alliance Defense Network (referred to hereinafter as the “ADN”), in order to form a more perfect Alliance of Nations and Regions within the NationStates world, establish laws, insure domestic and foreign understanding, provide for the common defense of its members, and secure the general welfare of its members, do hereby establish and adopt this Constitution for the Alliance Defense Network.
Article 1:
Section 1
All legislative Powers hereby granted shall be vested in a Congress of the Alliance Defense Network, which shall consist of two bodies, a Senate and House of Representatives.
Section 2
The House of Representatives shall be composed of Members chosen every 3 months by the Nations of the several Regions in this Alliance, whose electors shall meet the qualifications as set by their Region. However, in the event that a Region has a UN Delegate who is not also the Founder of that Region, that UN Delegate shall be the first Representative of that Region and shall be entitled to take a seat in the House of Representatives. In this event, said UN Delegate/member shall be counted in the number of Representatives to which that Region is entitled. A Representative who holds his seat in the House, solely by virtue of being the Delegate of his or her Region, and who later loses the UN Delegacy, shall immediately cease to be a member of the House under this provision. Further, a House member who is the UN Delegate of his or her Region and takes a seat in the House under this provision shall have the right of immediate vote on any matters under consideration by the House.
No Nation shall be qualified to serve as an ADN Representative who has not been a member of the ADN for not less than 2 weeks, and who is not a member Nation of the Region that said Nation has been chosen to represent.
The number of members of the ADN House of Representatives from each Region shall be based on the number of United Nation member Nations in that Region; with all Regions to be entitled to have not less than one Representative, provided that Region has at least one UN Nation within its borders. The number of members of the ADN House of Representative to which a Region shall be entitled shall determined as follows:
1-7 UN Nations - 1 Representative 8-20 UN Nations - 2 Representatives 21-45 UN Nations - 3 Representatives 46-80 UN Nations- 4 Representatives 81-and above UN Nations- 5 Representatives
No Region shall be entitled to have more than 5 members of the ADN House of Representatives.
Whenever there is a vacancy in the House of Representatives from any Region, The Regional Government shall select a Representative to fill that vacancy by whatever method is used for selecting ADN House Members in that Region. Each member of the House shall be entitled to one vote, and if a Region has an open seat, then that seat shall not be entitled to be voted. When a member of the House is named, that member shall announce himself in the House Chambers in the area provided for such sign in, and take his seat as a probationary member of the House, which he or she shall remain for the first 5 days of his or her membership, at which time the member shall become a full member of the ADN House of Representatives and entitled to all the privileges and immunities appertaining thereto. In order to vote on any bill, a member shall have served as a Representative of his or her Region for not less than 5 days and be a full member of the House.
The House of Representatives shall choose a Speaker of the House of Representatives, who shall be its presiding officer, to serve for 6 months, which Speaker shall be elected by a majority vote of the Representatives present and voting at such election. The Speaker must be a member of the House of Representatives to be elected, and remain such during his term of office. In the event that a Speaker ceases to be a member of the House of Representatives during his term of office, a new Speaker will be chosen by the House under the same procedures as set forth within this paragraph. Nothing herein prevents a Speaker from being reelected to his position should the House members so chose.
Impeachment of any ADN Official shall only be by Articles of Impeachment which must originate in and be adopted by the ADN House of Representatives. Adoption of any such Articles of Impeachment must receive not less than a majority vote of those members voting.
Section 3
The Senate of the Alliance Defense Network shall be composed of one (1) Senator from each Region member of the ADN, which Senator shall be the Founder of that Region, if there is an available Founder, otherwise the UN Delegate from that Region. Each Senator shall have only 1 vote. The Founder, or UN Delegate, if there is no available Founder, shall be entitled to take a seat in the Senate as soon as that Region becomes a Member of the Alliance Defense Network. However, nothing herein shall prevent a Senator from rejecting his seat for any reason. If this is done, the Founder, if there is one, or, if there is no available Founder, the Delegate of that Region can select another to serve as Senator from that Region in the Senate.
The Vice-President of the Alliance Defense Network shall be the President and Presiding Office of the Senate, but will have no vote unless there is a tie vote, in which case he or she shall vote to break the tie. The Senators shall also choose a President Pro Tempore, by a majority vote of the Senators present at such election. In case of the absence or unavailability of the Vice President, the President Pro Tempore of the Senate shall preside over the Senate during such absence.
The Senate shall have the sole power of Impeachment of ADN Government officials. In the event that Articles of Impeachment have been adopted by the ADN House of Representative against any official of the ADN, the Chief Justice of the Supreme Court of the ADN, or, if there is no Chief Justice, a Presiding Judge chosen by the members of the Supreme Court, shall preside over the Trial. For a conviction on Articles of Impeachment, there must be a vote in favor of Impeachment of not less than two thirds of the Senators present. Judgment in cases of Impeachment shall not extend beyond removal from Office, and disqualification to hold any government office within the ADN for not less than one year.
Section 4
The times, places, and manner of holding Senate and House elections, shall be prescribed in each Region of the ADN.
Section 5
To become a law or statute binding on the ADN, a bill must pass both houses of the Congress by a majority vote, such vote to take place within a 24 hour period preset by the presiding officer of that body not less than 2 days prior to the beginning of such voting period, and be signed and approved by the President and the Director of the ADN within 15 days of its passage, or, in the alternative, be Vetoed. However, if a bill is vetoed by either the President or the Director of the ADN, then such bill shall be sent back to the Congress for another vote on said bill with the same 2 day advance notice and 24 hour period as set forth earlier in this Section. In order to override the President’s or the Director’s veto, the bill must pass both bodies by a vote of 2/3s majority of the members voting upon the required notice.
Each body of the Congress shall be the judge of the qualifications of it own members.
Each body shall adopt its own rules of procedure, punish its members for disorderly behavior, and with the concurrence of 2/3 vote, may expel a member.
Each body will maintain a journal of their proceedings which may be in the form of archives of proceedings.
The members of the Senate shall be entitled to floor and speaking privileges in the House of Representatives, but shall not be entitled to a vote.
No member shall be entitled to hold a seat in both the Senate and the House of Representatives at the same time.
Nothing herein shall prevent an official of the ADN from holding an ADN Executive or Judicial Office and also serving as a member of the ADN Congress.
Section 6
The Congress of the ADN shall have the power to provide for the defense and welfare of the Alliance Defense Network;
To declare War; Said action shall include the power to authorize actions in counter invasions and/or offensively to remove threats from our organization and regions. In case of war or threat of War, the ADN may initiate aggressive action against another force or government.
To raise and support its Armed Forces;
To make all laws that are necessary and proper for carrying into execution of the foregoing powers, and all other powers vested by this Constitution in the Government of the Alliance Defense Network, or any Department or Officer thereof.
Section 7
No title of Nobility shall be granted by the Alliance Defense Network; but a Nation or Region that provides for such titles has the right to be called by the title granted by his or her Nation or Region.
Article 2:
Section 1
The ADN Executive power will and shall be vested in a President of the Alliance Defense Network and a Director of the Alliance Defense Network, who shall be considered as partners and may act singly or collectively, thereby binding the other, in the governing of the ADN. The President and the Director of the ADN shall both be elected for a term of one year.
Any person/Nation who seeks the office of President of the Alliance Defense Network and the Director of the ADN, shall meet the following minimum qualifications: 1. Have served as a member of the ADN Senate, House of Representatives, or in a Presidential Cabinet, and 2. Have been a bona fide, active member of the Alliance Defense Network for not less than one month.
In addition to a President, there will be elected a Vice President who shall meet the same qualifications as that of the President and Director.
The election of the President, Director, and Vice President of the ADN shall take place 90 days after the date of the adoption of this Constitution, and shall take place in an open area such that all members of the ADN may vote. Said elections shall be for each specific office. The person having a plurality of votes cast shall be declared the winner of that office. In the event of a tie of two or more candidates, the Senate shall have an Emergency Vote, to decide between those candidates. The candidate receiving the highest number of votes in such special election shall be declared the winner of that office.
In case of removal, resignation, or inability of the President or the Director of the ADN, the duties, powers, and title of the other shall fall upon the remaining Executive. The following is the order of secession after the President and the Director: 1. Vice President 2. Speaker of the House 3. President Pro Tempore of the ADN Senate 4. Secretary of Defense 5. Secretary of State 6. Director of the Intelligence Agency 7. Director of Internal Affairs
All of the foregoing offices, other than the President, Director of the ADN and Vice President, are to be considered of cabinet rank and serve at the pleasure of the ADN President and the Director of the ADN.
Before the President or the Director of the ADN may assume office he or she shall take the following Oath of Office: “I do solemnly swear to execute the Office of President (or Director) of the Alliance Defense Network, and will to the best of my Ability, preserve, protect, and defend the Constitution of the Alliance Defense Network.”
The Vice President shall take the same oath of office as that of the President, and the Vice President shall also serve as the President and Presiding Officer of the Senate of the Alliance Defense Network.
The President, Director, and the Vice President shall have floor and speaking privileges in both houses of Congress, but neither the President or Director shall have a vote, although the Vice President may vote in the Senate in the event of a tie as set forth elsewhere in this document.
Nothing herein shall prevent a President, Director, or Vice President, or any other elected official of the ADN, from seeking successive terms in office.
Section 2
The Presidential and the Director of the ADN powers are as follows: 1. Commanders-in-Chief of the Alliance Defense Network Armed Forces, which authority shall include the right to institute police actions when appropriate, without the necessity of a declared war. Said action shall include the power to act in counter invasions and/or offensively to remove threats from our organization and regions. In case of war or threat of War, the Commanders-in-Chief may initiate aggressive action against another force or government. 2. Power to Grant reprieves and pardons for offenses against the Alliance Defense Network, except in the case of an impeachment. However, in no event shall a President have the power to pardon or reprieve any person/Nation/Region that has already received a pardon or reprieve in the past. 3. Make treaties, with the advice and consent of the Senate. 4. Nominate, and with the advice and consent of the Senate, appoint Cabinet members, Ambassadors, PeaceKeepers, and Alliance Defense Network Supreme Court Judges. In addition, the President may appoint from time to time other advisors and ADN government officials, in his sole discretion. 5. The President and Director make all overall decisions concerning the welfare of this great conglomerate of Regions and Nations, and are expected to work closely with the Military and Foreign Affairs toward keeping diplomatic relations with outside Regions peaceful and prosperous, serving as the final word in all executive decisions.
Section 3
The President, Director, Vice-President, and Justices of the Supreme Court of the ADN may be removed from office by impeachment for, and conviction of, Treason, Bribery, and Abandonment or Dereliction of Duty.
Section 4
The duties of the Office of Director of the Alliance Defense Network are further to monitor and maintain the ADN Forums, with help from other officials of the ADN, perform those duties and responsibilities as decided jointly by the President and Director, and perform those other duties associated with the Office of the Director of the Alliance Defense Network. The Director is to be considered of equal rank and authority as the President, but retaining the long standing ADN traditional title of Director of the Alliance Defense Network.
Section 5
The following is a definition of each ADN Government position which shall be considered in addition to that set forth above:
President - Alliance Network Commander-in-chief. Makes overall decisions concerning the welfare of this great conglomerate of regions and nations. Works closely with the Director, the Military and Foreign Affairs on keeping diplomatic relations with outside regions peaceful and prosperous. The President has his hand in a little bit of everything, and serves as the final word in all important decisions.
Director - The Director position of the Alliance Defense Network encompasses many roles. Working closest with the President as a Co-President of the ADN in all but name, the Director will strive to further communication with both the ally and the enemy. Diplomacy is of great importance in this role, as is working closely with the heads of each department within the ADN, and getting to know the general membership. Another lead decision maker, the ADN Director is also responsible for maintaining the forum of the Alliance Defense Network.
Vice President - The V.P. works closely with Internal Affairs, the Economic Branch and Speaker of the House on issues dealing with the welfare of the Network; reports to the President on these matters and serves as the President and presiding officer of the ADN Senate.
Secretary of State -The Secretary of State is responsible for all foreign affairs, such as recruitment of new nations and regions into the Network, as well as maintaining good ties with other areas of NationStates who would be considered friendly. Reports to the President, but works closely with the Director of Intelligence. In connection with these duties, the Secretary is entitled to appoint Ambassadors, PeaceKeepers, and other State Department officials, with the advice and consent of the President and Director of the ADN.
Director of Intelligence - The Alliance Intelligence Agency engages in research, development, and deployment of high-leverage technology for intelligence purposes. As a separate agency, the AIA serves as an independent source of analysis on topics of concern and works closely with the other organizations in the Intelligence Community to ensure that the intelligence consumer, whether Alliance Network policymaker or battlefield commander, receives the best intelligence available. The AIA shall provide accurate, comprehensive, and timely foreign intelligence on national security topics. Further, the AIA shall conduct counterintelligence activities, special activities, and other functions related to foreign intelligence and national security, as directed by the President. Nothing herein shall prevent the President and ADN Director from appointing more than one Director of Intelligence to serve as Co-Directors.
Director of Internal Affairs - The Director of Internal Affairs, an offshoot branch of the A.I.A., and is responsible for gathering intelligence on nations and regions within the Alliance Network, whether they are new arrivals or longtime residents. The goal of Internal Affairs is to weed out possible enemies and security risks of the Network. Nothing herein shall prevent the President and Director of the ADN from appointing more than one Director of Internal Affairs to serve as Co-Directors.
Secretary of Defense- The Secretary of Defense is the principal defense policy adviser to the President and is responsible for the formulation of general defense policy and policy related to all matters of direct concern to the Department of Defense, and for the execution of approved policy. Under the direction of the President and Director of the ADN, the Secretary exercises authority, direction and control over the Department of Defense.
All of the foregoing offices, other than the President, Director of the ADN, and Vice President, are to be considered of cabinet rank, appointed by the President and the Director of the ADN, with the advice and consent of the ADN Senate, and serve at the pleasure of the President and the Director of the ADN.
Article 3:
Section 1
The judicial power of the Alliance Defense Network shall be vested in one Supreme Court and in such Inferior Courts as the Judges of the Supreme Court may from time to time ordain and establish. The Judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior and may be removed only by impeachment.
(A) The Supreme Court shall consist of three Judges, appointed by the President and the Director of the ADN, with the advice and consent of the Senate of the ADN. The President and the Director of the ADN, may, in their sole discretion, appoint one of the Judges to serve as Chief Justice, who shall have the responsibility of the administration of the Court and act as Presiding Justice at all trials. No person shall hold the office of Justice of the Supreme Court and, in addition, the office of the President of the ADN, Director of the ADN, Vice President of the ADN, or a Cabinet level position in the Executive Branch at the same time.
(B) The Justices of the Supreme Court, shall serve on their good behavior, and a Justice may only be removed for cause, including the absence of said Justice for a period longer than 28 days from the ADN forums and/or NationStates. However, a Justice may be absent from his post for up to 45 days, upon the written approval of the ADN Director and the President of the ADN, after which time he or she shall be replaced as provided herein. Nothing herein shall prevent a Justice from being reappointed at a later time.
Section 2
The following is the jurisdiction of the Supreme Court of the Allied Defense Network:
(A) The Judicial Power shall extend to all cases, in law and equity, arising under this Constitution, the Laws of the ADN, and Treaties made, or which shall be made, under their Authority; to all cases affecting Ambassadors, other public Ministers and Consuls; to controversies to which the ADN shall be a party; to controversies between two (2) or more Regions; or between a Region and Nation of another Region.
(B) In all cases affecting the Ambassadors, other Public Ministers and Consuls, and those in which a Region shall be party, the Supreme Court shall have Jurisdiction. In all other cases before mentioned, the Supreme Court shall have jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
[c] The trial of all crimes, except in cases of impeachment, shall be by duly appointed Judges of the ADN; and such trial shall be held in the ADN courtroom; but when not committed within any Region or ADN area, the trial shall be at such place or places as the Court may direct.
(D) The Supreme Court of the Alliance Defense Network shall have plenary jurisdiction over all legal matters of law, equity, and charges, as defined hereinafter, brought before it by the Prosecutor General of this Court. The Supreme Court shall have exclusive jurisdiction of the deciding of the guilt or innocence of a party charged with an offense against the ADN such as High Treason or any other lesser offenses. The Court shall have jurisdiction over any other matter brought before it by the proper authorities as set forth within this document.
(E) The Supreme Court of the Alliance Defense Network shall have jurisdiction of Appeals of a Judgment by any other Court of a member Nation(s) or member Region(s) of the ADN under the following circumstances:
(1) at the request of the affected Nation or Region after a Judgment of such Nation’s or Region’s highest Court and the agreement of ALL parties involved in such action, and the consent of the President and the Director of the Allied Defense Network for the Court to hear such appeal.
(2) at the request and filing of an action by a member Nation or Region of the Alliance Defense Network appealing a Notice of Expulsion from the Alliance Defense Network by the Executive Branch of the Alliance Defense Network, which Appeal is required to be filed within 3 days of such Notice of Expulsion by the proper Executive Branch officials, in the Prosecutor General’s Office, whose duty shall be to file a Notice of Appeal of such Notice of Expulsion with the Court as soon as is practicable. Pending the outcome of any such appeal, the member Nation or Region shall be subject to such security restrictions and access as is deemed necessary by the Executive Branch to insure the security of the Allied Defense Network.
(3) The Supreme Court of the Alliance Defense Network shall have other jurisdiction in those circumstances where it is requested by both the President and the Director of the Alliance Defense Network and is consented to by at least two of the Justices of said Court.
(4) Any trial held in the foregoing circumstances shall be by a trial de novo.
(F) The Supreme Court of the Alliance Defense Network shall have jurisdiction to decide on any questions of the constitutionality of the regulations and/or laws enacted by the House of Representatives and Senate and/or signed or approved by the President or other official of the ADN. Such questions may be brought by any member of the ADN before the Court by filing a challenge in the Open Judges Chambers. The Court, in its sole discretion, may or may not accept jurisdiction of such challenge.
Section 4
Office of the Prosecutor General
(A) The Prosecutor General shall be appointed in the same manner as the Judges of the Supreme Court. However, the Prosecutor General shall serve at the pleasure of the President of the ADN and/or the Director of the ADN, and may be removed by the President of the ADN and/or the Director of the ADN, at his or her sole discretion. The Prosecutor General is a permanent member of the Judicial Branch and an officer of the Supreme Court of the Allied Defense Network, but is not a member of the Supreme Court, or of the Judicial Board.
(B) It shall be the responsibility of the Prosecutor General to determine whether there is sufficient evidence so that a person charged with an offense against the ADN should be brought to trial and a determination of guilt or innocence be rendered by the Supreme Court of the ADN. In such determination, the Prosecutor General shall, upon a complaint being presented to him or her, make such investigation as deemed necessary to satisfy himself or herself that sufficient evidence exists so as to bring the person(s) to trial before the Supreme Court for a determination of guilt or innocence. All such investigations should be done as discreetly as possible under the circumstances.
Section 5
This Constitution, as a part of its ratification, does adopt the present document known as the Organization and Rules of Procedure Of the Judicial Branch Of the Alliance Defense Network, presently in force, as a part of statute law under this Constitution as if it had been passed through both Houses of the Congress and signed by the President and the Director of the Alliance Defense Network.
Article 4:
Section 1
Upon the favorable recommendation of the President and/or the Director of the ADN, new Regions shall be considered for admission into this Alliance by the Congress, and shall be admitted upon a majority vote in favor of such admission by the Congress. However, such acceptance into ADN membership shall be probationary for their first fifteen (15) days as members, during which time they may be excluded as members of the ADN for any or no reason by the President and/or Director of the ADN, along with any member Nations of such Region. Following the fifteen (15) day probationary period, such Region shall become a full member Region of the ADN with all rights and privileges appartaining thereto. The Alliance Defense Network guarantees to every Region and Nation in this Alliance the right to their own form of government, whether a member's Region or Nation is a Communistic, Democratic, Empire, or other type of government, and the ADN shall not judge a member Region on its type of government, protecting each of them against invasion; and on application of the legislature of a threatened Region, or of the Executive of that Region, when the Legislature cannot be convened, against domestic violence. The ADN shall not interfere with the internal affairs of a member Regions's or Nation's legitimate government.
Section 2
When a Region is accepted for membership in the ADN each Nation who is a legitimate citizen of such Region shall be entitled to apply for ADN membership by virtue of their Region's membership. To be accepted as a full member Nation of the ADN, their Region government must recommend them for acceptance, stating that their membership in the ADN would be to the benefit of the ADN and their Region. However, such acceptance into ADN membership shall be probationary for their first fifteen (15) days as members, during which time they may be excluded as members of the ADN for any or no reason by the President and/or Director of the ADN. Following the fifteen (15) day probationary period, such Nation shall become a full member Nation of the ADN with all rights and privileges appartaining thereto. However, in the event that a Nation's Region is no longer a member of the ADN, by virtue of resignation or otherwise, then all Nations under it also cease to be members of the ADN. In the event that a Nation is ejected from its ADN member Region, then such ejection automatically removes that member Nation as a member of the ADN. If such Nation later joins another ADN Region, such Nation may reapply for membership in the ADN should such Nation so desire, under the same procedures and requirements that they went through when they joined in the past.
Section 3
No person or their agent shall be entitled to apply for membership in the ADN for more than one Nation, and must identify his or her Region and his or her UN Nation in his or her application, and every applicant must have a UN Nation. The application for Multiple Nations as different ADN members from the same person or their agent is strictly forbidden, and will subject that person to immediate explusion from the ADN without trial or right of appeal to the ADN Supreme Court. Evidence of users from the same IP with multiple memberships in the ADN shall be a prima facie case of an attempt by a single person to hold multiple Nations as different ADN members.
Section 4
In the event that there is a formal investigation proceeding in Internal Affairs of a Region or Nation, then the Executive is authorized to change the security clearance of such Region and any of their Nations, if deemed appropriate, and block access to security sensitive areas of the ADN during such investigation. If such investigation reveals that there is a question of a Region or a Nation being a security risk, such Region or Nation may have their privileges as a member of the ADN suspended for a period not to exceed 14 days. Following such period, such suspension may be made permanant by the Executive Branch and the offending Region and/or Nation may be expelled as a member of the ADN upon notice to the offending Region and/or Nation, allowing them 5 days to appeal such suspension/expulsion by filing an objection to such suspension/expulsion to the ADN Supreme Court by filing an appeal in the Open Judges' Chambers setting forth in the thread that it is an appeal of a permanant suspension, and giving such details as are appropriate. During any such appeal, the Region and/or Nation may continue in membership, but such security measures as deemed necessary to the Executive Branch may continue in force against said Region and/or Nation.
Section 5
In the event that a member Region or Nation shall resign as a member in the ADN, and later wishes to rejoin, then such Region or Nation shall have to go through the same procedures and recommendations as if they had never been a member in the past, and if a Nation, whether they are a part of the same ADN member Region or have moved and joined a new ADN Region.
Article 5:
The Congress of the ADN, whenever 2/3 of both houses shall deem it necessary, may propose Amendments to this Constitution, or on the Application of the Legislatures of 2/3 of the several ADN member Regions, shall call a Convention for proposing Amendments, which, in either case, shall be valid to all Intents and Purposes, as a Part of this Constitution, when ratified by the Legislatures of ¾ of the Regions, or by Conventions in ¾ thereof, or as one or the other Mode of Ratification as may be proposed by the Congress; Provided that no Amendment which may be proposed, shall in any manner, require that any Region member, be deprived of it’s equal suffrage in the Senate.
Article 6:
This Constitution and the laws of the ADN made in pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the ADN, shall be the Supreme Law of the Alliance Defense Network. Notwithstanding the foregoing, this Constitution shall not restrict any Region from having its own laws and Constitution. This Constitution and any laws or amendments made pursuant thereto, shall be enforceable and restricted to the Alliance Defense Network confederation as a whole, and nothing herein shall require or bind any member Region or Nation to follow any form or government or procedures internally that they may agree upon within their own Region and/or Nation.
Article 7:
The Ratification of this Constitution of the Alliance Defense Network Government shall be sufficient for the establishment of this Constitution between the Regions and Nations of the Alliance Defense Network.
Adopted February 28, 2004
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