What would you want in a Nation-State's Constitution?

OT: anything goes!

Moderator: Edi

Asst. Asst. Lt. Cmdr. Smi
What Kind of Username is That?
Posts: 9254
Joined: 2002-07-10 08:53pm
Location: Back in PA

Post by Asst. Asst. Lt. Cmdr. Smi »

1. No government agency shall discriminate on the basis of race, gender, religion (or lack thereof), or sexual orientation.

2. Every citizen has the right to bear arms. Same as the second amendment in the Constitution.

3. No government agency shall involve in invasion of privacy without a warrant.

4. People shall be guaranteed freedom of (and from) religion. People can practice what they want, but it shall not be forced on others by any government-sponsored agency.

5. Any lawsuit in which is considered frivolous shall be discarded.

6. Nobody eligible to vote shall be denied the right to vote based on race, gender, sexual orientation, or religion.

7. No wealthy person shall get away unpersecuted with a crime. Anyone of high social status who commits a crime will be placed in prison, and not one of those fancy-ass better-than-your-home prisons.
BotM: Just another monkey|HAB
User avatar
Steve
Emperor's Hand
Posts: 9780
Joined: 2002-07-03 01:09pm
Location: Florida USA
Contact:

Post by Steve »

Well, I suppose it's time to post the Constitution I put together, for a nation I'm playing in a Spacebattles SD (And which I had a fanfic series based around long ago)....


Preamble

We, the assembled representatives of twenty nations dedicated to the prosperity and freedom of our peoples and of all sentient life, hereby establish this Alliance in the name of our sacred values. As one we will stand for the sacred values of liberty, freedom, and equality for all. We shall not waver in our defense of these sacred values nor shall we compromise them in the name of expediency or profit. As such, we ordain this Constitution for the Alliance of Democratic Nations so that we may defend the rights of our citizens, and through that defense, we will defend the rights of all life.


Section 1: The Rights of the Citizen.

Article 1.

All sentient beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Constitution, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or national status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty, and the pursuit of personal happiness. No State has the right to deprive the people of these sacred rights.

Article 4.

All those who live within the boundaries of the members of this Alliance shall be considered citizens of the Alliance and thus granted our full protection. If, for any reason, a nation or state withdraws from the Alliance, those who are against this withdrawal may retain their Alliance citizenship. All citizens above the age of 16 are granted full suffrage and the right to participate in government.

Article 5.

All citizens have the right of freedom of speech, freedom of expression, freedom of religious belief or lack thereof, and freedom of thought. A citizen has the right to privacy in his home, and to have the privacy of his thought protected from telepathic intrusion. No law may be passed by any member of the Alliance that circumvents these rights.

Article 6.

All citizens have the right to own property. No member government nor the Alliance Government may interfere with this right without due process of law within the courts. No law may be passed that circumvents this fundamental right of a free society.

Article 7.

All citizens are protected from the application of punishments deemed cruel and unusual by an Alliance court of law. This article expressly forbids the use of physical and non-physical torture, mental manipulation, mind wiping, enslavement, or unsanitary confinement as a form of punishment for criminal activities. No citizen may be extorted into confessions of criminal activity through threats to his physical form, mind, family, or property. No citizen may be deprived of property due to criminal activity without due process of the courts. No citizen may be forced into military service by any member government or the Alliance Government without due process of the courts.

Article 8.

All citizens of the age of 16 or older cannot be denied by any member government the right to partake in consensual physical acts of any kind, including sexual intercourse, the creation of pornographic material, or the observation of pornographic material. No citizen may be deprived of his or her rights due to sexual preference.

Article 9.

All citizens have the right to patent intellectual material as property. The Alliance Government must make generous compensation to any citizen with a patent should government seizure of said patent be required for Alliance security. No member government nor the Alliance Government shall make it illegal to create or own any object or property that may be capable of circumventing intellectual property rights on those grounds alone.

Article 10.

All citizens have the right to a fair trial. No citizen may be deprived of a trial by jury. No citizen may be deprived of sound and competant legal defense. No citizen may be retried for any capital crime without due process of the courts in conjunction with the discovery of new and incriminating evidence after the acquittal. No citizen may be tried more than twice on any charge.

Article 11.

All citizens have the right to bear arms and to defend themselves from threats to their life or their family's lives. No member government nor the Alliance Government may circumvent this right or restrict it for those without major felony convictions in a court of law.

Article 12.

All citizens have the right to petition the Alliance Court of Justice to address grievances if their nation's court does not hear the case or has not acted properly toward the case.

Article 13.

No citizen may be enslaved for any reason. All citizens have the right to earn wages or salaries for their labor. All citizens have the right to petition the courts for protection against employer mistreatment or a lack of safety concern from their employer. All citizens have the right to peacefully assemble to protest unethical working conditions. All citizens have the right to form labor unions to negotiation with employers on the cases of working standards.

Article 14.

No citizen can be forced to give material aid to military forces, to give quarter to troops, or to surrender property for military use unless the military awards just compensation to the citizen.

Article 15.

No rights listed may be used to circumvent any other rights of the citizenry.


Section 2: The Rights and Responsibilities of the Member States

Article 1.

All nations or states within the Alliance have the right to decide internal policies without interference from the Alliance Government if the policies do not affect Alliance security or any portion of this Constitution. All nations and states have the responsibility to contribute to the continued security of the Alliance as a whole.

Article 2.

All nations or states are allowed to have any form of government system they desire provided that they do not circumvent the rights of the citizenry as dictated in Section 1. All nations and states have the responsibility to maintain the rights of the citizenry.

Article 3.

All nations or states are protected by the Alliance as a whole. None may be deprived of due defense for any reason. All nations and states have a responsibility to aid the Alliance Armed Services when required, and to allow their citizens to join the Armed Services over national armed forces in joint defense of the Alliance.

Article 4.

All nations are granted the right to elect one representative to the Alliance Council. This representative must be elected by a clear majority of the people exceeding three out of every five votes (sixty percent). If this cannot be achieved, the decision reverts to the national legislature of the member nation in question. All nations have the responsibility to conduct elections in a proper and orderly manner, to prevent voter disenfranchisement or corruption, to report results in a timely fashion, and to honor the results.

Article 5.

All states are allowed the right to lobby the Council for aid and to appoint a non-voting representative to the Council for observational purposes. All states are permitted the right to join with another state and elect a joint voting representative, election rules being applicable to the process of member nations. All states have the responsibility to conduct elections in a proper and orderly manner, to prevent voter disenfranchisement or corruption, to report results in a timely fashion, and to honor the results.

Article 6.

All nations and states are permitted the right to withdraw from the Alliance with a majority vote of no less than two out of three votes (sixty-six percent). All nations and states have the responsibility to honor the wishes of a withdrawing member.

Article 7.

All rights not given specifically to the Alliance Government are assumed to be held by the member governments. All members have the responsibility to not abuse this right.

Article 8.

If a prospective member has a population higher than ten billion and/or controls an entire continent of a planet, then they are eligible for nation status. If the prospective member does not meet either of these criteria than they are to be listed as states of the Alliance. When joining together to put voting members on the Alliance Council, the linked States must together meet either of these criteria.

Article 9.

Any potential member of the Alliance must enjoy a two to one approval of it's government system by it's citizenry, the approval rating to be gauged by review of the Ministries of Defense, Intelligence, and Foreign Relations. Joining the Alliance requires a two to one majority vote of the populace under Alliance voting standards.


Section 3: The Organization and Powers of the Alliance Central Government

Article 1.

The Alliance Legislature is the Alliance Council. Every member nation is permitted one voting member on the Alliance Council. Linked states are granted voting members if they meet the criteria outlined in Section 2, Article 8. States that do not meet this criteria are permitted non-voting representatives on the Council. The Alliance Council will have four yearly sessions divided by quarter with at least eight weeks of availability for votes and emergency sessions.

Article 2.

All decisions of the Alliance Council not overruled by the Supreme Court of Justice are binding to all members. All members are required to work toward the implimentation and enforcement of the acts, as are all Ministries of the Alliance Government.

Article 3.

The position of Chancellor of the Alliance Council is given by popular vote of the Alliance's citizens. The powers of the Chancellor are: the ability to call the Council to session at all times for emergency purposes; to chair the Council and represent it to the rest of the Government; to act as Head of Government with the President; to veto any Council resolution, decree, act, or decision ayed by the President and without a two-to-one majority and any Council resolution, decree, act, or decision nayed by the President and without a seven to three majority; to pass any Council resolution, decree, act, or decision ayed by the President and with a three-to-two majority and to pass any Council resolution, decree, act, or decision nayed by the President and with a two-to-one majority; to sit on the Alliance Security Committee; to assume emergency powers in the situation that the Council cannot come to session and/or the President is incapacitated.

Article 4.
(Amended in 2162 AST)

The position of President of the Alliance is given by a population-based vote of the member nations. The President is the Alliance's Head of State. The powers of the President are: to request from the Council specific resolutions, the ratification of foreign treaties and agreements, and declarations of war; to appoint Ministers for the Alliance's Ministries or Justices for the Alliance Courts for the Council to approve; to serve as Commander-in-Chief of the Alliance Armed Services; to grant pardon or reprieve to any person convicted of a crime in the Alliance Courts; to veto any Council resolution, decree, act, or decision ayed by the Chancellor and without a two-to-one majority and any Council resolution, decree, act, or decision nayed by the Chancellor and without a seven to three majority; to pass any Council resolution, decree, act, or decision ayed by the Chancellor and with a three-to-two majority and to pass any Council resolution, decree, act, or decision nayed by the Chancellor and with a two-to-one majority; to chair the Alliance Security Committee; to assume emergency powers if the Council cannot come to session and/or the Chancellor is incapacitated.

Article 5.

(Amended in 2162 AST; Original Article 5 removed)

Candidates for Chancellor and President are not permitted to run on a single ballot, but on seperate ballots, as the rules regarding the voting requirements for election demand.

Article 6.

(Amended in 2162 AST)

The Executive Branch of the Alliance Government is divided into the following: the Office of the Presidency of the Alliance; the Ministry of Defense; the Ministry of Justice; the Ministry of the Interior; the Ministry of Foreign Relations; the Ministry of Agriculture and Medicine; the Ministry of Environmental Concerns; the Ministry of the Treasury; the Ministry of Member Cooperation; the Ministry of Education; the Ministry of Immigration; the Ministry of Intelligence; and the Ministry of Internal Affairs. The Alliance Ministries are to each be controlled by a Minister and, if necessary, any number of Vice-Ministers. The nomination of Ministers is the responsibility and purview of the President. Approval requires a three-to-two Council majority with the Chancellor's aye or a two-to-one vote without.

Article 7.

The Alliance Judiciary is led by the Supreme Court of Justices. Nomination as a Supreme Justice is decided by the President; appointment to the position requires a two to one majority vote in the Council with the Chancellor's aye and a seven to three majority without. The Supreme Court of Justices has the power to overturn Council decisions in a written decision if they are seen to be in conflict with any article of the Alliance Constitution. The Supreme Court of Justices is required to hear the cases of all sentences of capital punishment within the Alliance and is granted the power to overturn those sentences in a written decision. (Amended in 2158 AST, Removed by 2nd PDPA Amendment in 2162 AST) The Supreme Court of Justices is required to hear all cases related to the invocation of the Political Dissident Protection Act.

Article 8.

The Alliance Courts of Justice will be distributed to member nations by order of population, with one court per every twenty-five billion citizens or one per state. Each court consists of a three Justice panel that hears the cases presented by the citizens and can overturn the decisions and rulings from the national courts under it's jurisdiction. Appointment as an Alliance Court Justice requires an official appointment by the Minister of Justice and the approval of the Council with a simple majority with the Chancellor's aye or a three to two majority without. (Amended in 2158 AST, Removed by 2nd PDPA Amendment in 2162 AST) One Court of Justice is permenantly attached to the Ministry of Immigration to determine the legitimacy of claims related to the invocation of the Political Dissident Protection Act.

Article 9.

The Alliance Court of Appeals will be distributed to member nations by order of population, with one court per every three Courts of Justice, or one court per every three State Courts of Justice. Each Court of Appeal consists of a five Justice panel to hear the cases presented by the citizens and can overturn the decisions and rulings of national courts and Alliance Courts under it's jurisdiction. Appointment as an Alliance Court of Appeals Justice requires an official appointment by the Minister of Justice and the approval of the Council with a three to two majority with the Chancellor's aye and a two to one majority without.

Article 10.

(Amender in 2162)

The Alliance Armed Services are commanded by the President and are under the jurisdiction of the Ministry of Defense. All Alliance citizens above the age of sixteen are permitted to join the Armed Services. The Alliance Armed Services are divided into four seperate forces with their own specific duties in defense of the Alliance. They are as follows: the Alliance Army, commanded by the General of the Army and the Army Chiefs of Staff; the Stellar Navy, commanded by the Chief Admiral and the Navy Command Staff; the Air Force, commanded by the Air Marshall and the Air Force Chiefs of Staff; the Marine Corps, commanded by the Marine Corps Chief of Staff and the Corps Commandants Staff. The leaders of each service must be approved by the Alliance Council by a majority vote of three to two and form the High Command of the Alliance Armed Services. (Amended in 2157 AST) The Alliance Navy and it's forces are under the jurisdiction of the Stellar Fleet.

Article 11.

The Government of the Alliance cannot make any law establishing an official religion of the Alliance; nor can any law be passed in respect to religious beliefs or a particular religion. The Government of the Alliance is to respect and maintain complete seperation of church and state.

Article 12.

The Government of the Alliance is empowered to sign treaties and other agreements with foreign organizations and states as long as said agreements do not endanger the rights of Alliance citizens. The Government of the Alliance is permitted the decision to recognize the authority of governments and organizations and their jurisdictions as long as said recognition does not endanger the rights of Alliance citizens.

Article 13.

The Government of the Alliance cannot make or enforce any law to circumvent the rights of the citizens and members outlined in Sections 1 and 2 of this Constitution. Agents of the Government of the Alliance are morally and legally required to oppose any such actions by the Government.

Original Article 13.

(Removed in 2162 AST)

The Government of the Alliance is morally and ethically required to hear all cases of violation of our sacred values by foreign states and to act on those violations. These actions can include the use of diplomatic protest and isolation, economic and political sanctions, covert aid to domestic resistance and opposition forces, and if absolutely necessary and in the face of vicious and inhumane violations, a declaration of war and the use of force to end the government responsible for the violations.

Article 14.

The Government of the Alliance cannot station forces on non-Alliance planets or in non-Alliance space unless; the express consent of those controlling the space is given; a state of war exists between the Alliance and the recognized possesser of said territory; those who claim the territory are not recognized as a government by the Alliance; military movement through stated territories is absolutely vital to the further security and defense of the Alliance.

(Amended in 2158 AST)
(Removed in 2162 AST)
Article 14.

The Government of the Alliance is required to do everything in it's power to protect political dissidents and their families, including the use of force within Alliance or friendly jurisdiction to assure their safety if it becomes absolutely necessary.


Section 4: Requirements to hold an Office in the Alliance Government

Article 1.

(Amended in 2162)

All Alliance Council Representatives, the Chancellor of the Alliance Council, the Ministers of the Alliance Government and their subordinates, the President of the Alliance, the Supreme Justices and Justices of the Alliance Courts and their staffs, and all serving members of the Alliance Armed Services must give legally binding oathes to uphold this Constitution and act in it's defense at all times.

Article 2.

(Amended in 2162)

All candidates for the Alliance Council, Chancellor of the Alliance Council, Minister of the Alliance Government, the President of the Alliance, or Supreme Justice and Justice of the Alliance Court are required to have less than ten percent of their personal assets related to corporate earnings. This includes trusteeships, stocks, corporate positions of all kinds, and the ownership of corporate property. They are not required to step down if corporate earnings exceed ten percent during their time in office unless proof is obtained that they have maliciously used their position to increase their corporate earnings.

Article 3.

All holders of office must be Alliance citizens at the time they attempt to gain their office. No holder of office may keep their office if their citizenship is revoked or if they renounce it.

Article 4.

In relation with Section 3 Article 10, holders of office are allowed to hold religious beliefs as long as they do not allow those beliefs to interfere with the duties of their office.

Article 5.

No citizen convicted of high felonies may attempt to win or keep office without due process of the courts.

Article 6.

No candidate for office may draw more than ten percent of estimated required campaign expenses from corporate assets.

Article 7.

No potential candidate for appointed office may be denied office for political or religious affiliations or lack thereof.

Article 8.

If any holder of office is found by a court of law to be in violation of any of these articles or criminal statutes passed by either the Alliance Government or one of the member governments, then he or she must be stripped of office.

Article 9.

All holders of office must be mentally competent enough to perform the duties of office.


Section 5: Terms of Office and Removal from Office

Article 1.

All member nations shall hold elections for Council representation every three years. Council Representatives may hold office for up to ten terms. Individual national governments have the right to limit terms even farther if they desire. A Council Representative can be removed for violating the law or the peoples' trust by the individual laws of the Representative's member nation, or by the Alliance Supreme Court of Justice with the affirmation of the Chancellor and the President.

Article 2.

(Amended in 2162 AST)

The President of the Alliance is to serve terms of six years. The President is limited to two full terms of concurrent service, and can serve no more than fifteen years consecutively. In case of misconduct on the part of the President, the Council and Supreme Court of Justice shall create a special commission to investigate and if necessary impeach the President. In impeachment, Council has the power to remove the President with a three to one majority vote with the Chancellor's aye, or a five to one vote without.

Article 3.

The Chancellor of the Alliance Council is to be subject to re-election three years after this Constitution is ratified, and every six years afterward. The Chancellor is limited to two full terms of concurrent service, and can serve no more than fourteen years consecutively. In case of misconduct on the part of the Chancellor, the Council and Supreme Court of Justice shall create a special commission to investigate and if necessary impeach the Chancellorr. In impeachment, the Council has the power to remove the Chancellor with a three to one majority vote with the President's aye, or a five to one vote without. The ballot for election of the Chancellor must remain seperate from the Presidential ballot.

Article 4.

(Amended in 2162 AST)

The Ministers of the Alliance Government can be removed by a two to one vote of the Council with the Chancellor's aye or a three to one vote of the Council without at any time. Every five years they are to be brought up for review and a possible confidence vote, in which those calling for the vote must achieve a simply majority vote with the Chancellor's aye or a three to two vote without to remove the Minister from office. Any Minister cannot serve more than fourteen years concurrently.

Article 5.

(Amended in 2162 AST)

Supreme Justices and Justices of the Alliance Courts can be removed by a two to one vote of the Council with the Chancellor's aye or a three to one vote of the Council without, and only on the grounds of violation of Alliance law or incompetance with substantial evidence. Supreme Justices remain until retirement or death. Justices of the Court are put up for review every four years in which the rules regarding the reapproval of normal Ministers apply, and can serve no more than twelve consecutive years in the same court.


Section 6: Amendments to the Alliance Constitution

Article 1.

Any and all amendments to the Alliance Constitution first require the approval of a two to one majority of the Council for their recommendation. They must then be approved by a three to one majority of the national governments of the members of the Alliance, with the votes of states' governments represented on the Council being made by the states that are so-linked to attain Council seats. Repeals of Constitution Amendments require a three to one majority in the Council and a four to one majority of represented governments.

Article 2.

The Articles of Section 1 may only be amended for clarification purposes or to expand upon them. They are protected from repeal, and by extension, so is this Article.
”A Radical is a man with both feet planted firmly in the air.” – Franklin Delano Roosevelt

"No folly is more costly than the folly of intolerant idealism." - Sir Winston L. S. Churchill, Princips Britannia

American Conservatism is about the exercise of personal responsibility without state interference in the lives of the citizenry..... unless, of course, it involves using the bludgeon of state power to suppress things Conservatives do not like.

DONALD J. TRUMP IS A SEDITIOUS TRAITOR AND MUST BE IMPEACHED
Post Reply