Post by HumanSanity on Apr 17, 2011 19:17:04 GMT -5
Article I. Citizenship
Section I. Citizens of HumanSanity will be persons either born within the boundaries of HumanSanity or persons who have been legally naturalized by the Department of Citizenship and Naturalization which shall keep records of the Citizens of HumanSanity and Naturalize new Citizens of HumanSanity.
Article II. The Council of Humanity
Section I. The Council of Humanity will be comprised of 19 Members 1 elected by district in HumanSanity. The task of districting will be allocated to Supreme Court of HumanSanity. Councilors will be elected every year by popular vote of their district and upon the half-way, six month, mark a Vote of Confidence will be held in the Councilor by each district and the Councilor must receive at least one-half of their district in approval to continue serving. If a Councilor fails in a Vote of Confidence then their district will elect a person to finish their term in office.
Section II. At the beginning of the Council of Humanity's term the Council will, internally, select a Chairman of the Council of Humanity who may nominate a Chairman Pro Tempore at their leisure. Both the Chairman, and the Chairman Pro Tempore if selected, must be approved by at least 2/3 of the General Assembly to be approved.
Section III. The Council of Humanity, when at least 2/3 of the Council is in concurrence, may veto a Bill in the General Assembly. If a Bill is vetoed then it will require a 2/3 majority to pass. Bills must be vetoed before or during the voting period of the Bill or within two (2) weeks of the Bill's passage. The Council of Humanity's approval is not required for a Bill to pass.
Section IV. The Council of Humanity will act as a supreme authority in a State of Emergency, in the event that the Council cannot be convened to act then the Chairman or, in the absence of the Chairman, the Chairman Pro Tempore will act as a supreme authority. Even in a State of Emergency a 2/3 Majority of the Council of Humanity is required to pass Legislation.
Section V. The Council of Humanity will, by a simple majority, appoint persons to various Councils that are made to lead departments. The Council of Humanity may not appoint Chairmen or women for Councils under any circumstance as those will be elected by the General Assembly.
Article III. Administrative Councils
Section I. Councils will be founded as a way of administrating a Department. Each Department MUST have a Council attached to it of at least seven (7) people and each Agency, Service, etc. MUST have a Board of Administrators attached to it of at least three (3) people.
Section II. Councils and Boards of Administrators may, by Majority Vote, create policies relating to their Department or Agency, as applicable. All policies of Councils and Boards of Administrators may, by majority vote, be overruled by either the Council of Humanity, the Supreme Court, or the General Assembly.
Secretary III. The following Departments will always exist: Department of Foreign Affairs, the Interior, Internal Affairs, Organizational Affairs, Economics and Stability Thereof, News and Media, Military, Defense, the Army, the Navy, the Air Force, and Military Affairs.
Section IV. The Departmental Assembly will be made of the Chairmen of all of the Departments in HumanSanity. The Departmental Assembly will be entitled to a veto in a similar manner to the Council of Humanity.
Article IV. General Assembly
Section I. The General Assembly of HumanSanity will be comprised of all Citizens of HumanSanity.
Section II. The General Assembly will be the sole Legislative Authority of HumanSanity.
Section III. The General Assembly may write Legislation of HumanSanity and pass such Legislation by Majority Vote.
Section IV. If the General Assembly is to overrule a veto of the Council of Humanity the motion to veto must pass the approvals stage prior to the 30th day after the veto.
Section V. The General Assembly will have the ability to approve or deny a Council of Humanity appointment to a Board of Administration or a Council, to approve an appointment the Administrator or Councilor must have at least 2/3 of the General Assembly in favor of their assuming office.
Section VI. From the Members of a Council or Board of Administration the General Assembly will select one which will serve as the Chairman or woman in a general election in which the Council or Board Members may request not to run but are otherwise, by default, requested to do so.
Article V. Rules and Procedure of the General Assembly
Section I. Any Member of the General Assembly may propose Legislation.
Section II. The Legislation will then undergo review by the General Assembly Senior Members Pannel (GASMP) and must pass such a review by a majority vote. The GASMP Members are not to vote on Political Lines and members that do are subject to termination by the Supreme Court.
Section III. Following passage through the GASMP the Bill will undergo two (2) weeks of discussion and amendment.
Section IV. After the mandatory two (2) weeks of discussion and amendment then a Vote of Reconsideration will be held to allow further deliberations on the matter, if the Vote of Reconsideration passes then a single week more of discussion and amendment will occur. The Vote of Reconsideration will last 24 hours. If the Vote of Reconsideration fails then a vote on the passage of the Bill will occur immediately and will last 48 hours.
Section V. Once an Amendment is proposed by any person it will undergo three days of discussion followed by 24 hours of voting. If a majority are in favor of the amendment in the final vote then it will be added to the Bill.
Article VI. the General Assembly Senior Members Pannel (GASMP)
Section I. On an annual basis the General Assembly will elect no more than 51 Senior Members to serve on a Pannel of Senior Members.
Section II. Members of the GASMP will be elected annually by a yes / no ballot. Each Citizen voting for GASMP Members will randomly be given 12 candidates they will vote for one week before elections and then, one week after notifying Citizens of the candidates they will be voting for, the voting on GASMP Members will last for 48 hours.
Section III. In the event that more than 51 GASMP candidates receive more than 50% of the voters in favor then the 51 candidates with the most yes votes will take office.
Section IV. The GASMP will set it's own rules and elect it's own officers including a Chair and a Parliamentarian, according to the rules set by the GASMP there may be other officers. The General Assembly may veto the GASMP rules or modify them by a Simple Majority.
Article VII. The National Security Council
Section I. The National Security Council will be comprised of the Secretary of Defense, the Army, the Navy, the Air Force, Military, the Chair of the Council of Humanity, the Speaker of the General Assembly, and the Chief Minor General.
Section II. The National Security Council will have the ability to allow Military Action pending a 3/4 Approval of the General Assembly and 2/3 Approval of the Council of Humanity. The National Security Council must approve war and declaring war or allowing military action is not a power of the General Assembly unless 99% or greater of the General Assembly is in favor.
Section III. The National Security Council will have the ability to Declare War pending a 3/4 Approval of the General Assembly and 3/4 Approval of the Council of Humanity.
Section IV. After the General Assembly and the Council of Humanity allow Military Action and/or War the complete control of Operations will be placed in the control of the National Security Council apart from a veto of any action given to the Council of Humanity.
Article VIII. The Supreme Court
Section I. The Supreme Court of HumanSanity will be comprised of thirteen officials elected to three year term, five in one class, four in the next, and four in the last. In the beginning five will be elected to one, four to two, and the last four to three.
Section II. The Supreme Court will, internally, select a Chief Justice who will be approved by 2/3 of the General Assembly.
Section III. The Supreme Court will review all laws passed by the General Assembly and not vetoed by the Council of Humanity and review them for a maximum of ten days, after review persons will vote and the Court may, by a 2/3 majority, strike down a law. Other suits will only require a simple majority.
Section IV. The Supreme Court will also preside over suits that have not been resolved in smaller courts. The Supreme Court's rulings overrule all others.
Section V. Supreme Court Justices are meant to be un-biased.
Section VI. The Chief Justice will preside over an Impeachment Trial and Expulsion Cases.
Section VII. The Supreme Court may, by a 2/3 majority, remove any Lower Court Judge from office. Such a decision may be overruled by a 2/3 majority of the General Assembly.
Article IX. Lower Courts
Section I. Upon the advisory opinion of the Council of Humanity or the Supreme Court the General Assembly may found a inferior court to the Supreme Court to try Criminal and Civil cases. A simple majority will be required to found a new court.
Section II. The Council of Humanity will, every five years, appoint a new Judge to each court. The appointed Judge must be approved by a 2/3 majority of the General Assembly.
Section III. Lower Court Judges may meet in assembly to remove a Supreme Court Justice should they find them to be abusing their powers. A 2/3 majority shall be required to remove the Justice in question and the decision may be overturned by a simple majority of the General Assembly.
Article X. Council of Elders
Section I. Members of the Council of Elders will hold no special Executive, Judicial, or Legislative authority but serve only ceremonial purposes.
Section II. The nine primary authors of this Constitution: Wilton Bradely, Sarah Ingrahm, Mark Interni, Liam Williams, Ashley Pargon, Franz Limpa, John Winters, Paris Niling, Vond di Mil; will each serve on the Council of Elders for ceremonial purposes.
Section III. Upon their retirement they will select a successor who will then be approved by at least 2/3 of the General Assembly.
Section IV. The Council of Elders will bestow ceremonial honors and conduct various ceremonies. A 2/3 majority will be required to pass a motion.
Section V. Every 5 years the Council of Elders will internally select a Chairman/woman who will be called the Chief of Ceremonies for HumanSanity. The Chief of Ceremonies must be approved by a 3/4 vote of the General Assembly.
Section VI. The General Assembly may overrule a decision of the Council of Elders by majority vote.
Section VII. Every 20th year the General Assembly will hold a Vote of Confidence in each Elder and may remove an Elder with a 2/3 majority.
Section VIII. Every 20th year, at the same time of a Vote of Confidence in Elders, the General Assembly will hold a vote on the continued existence of the Council of Elders. If a 2/3 majority is against the continued existence of the Council of Elders then it will cease to exist.
Section IX. Retiring Elders may not select a blood relative closer than 1st Cousin to replace them.
Section X. 130 years after these articles are ratified the Council of Elders must be dissolved.
The Council of Elders was dissolved after 40 years in the second vote on the continued existence of the Council of Elders.
Article XI. International Relations
Section I. HumanSanity will maintain good diplomatic relations with all nations whom it shares views with and when the other nation will allow relations.
Section II. Embassies may be opened with HumanSanity pending a 60% approval of the General Assembly.
Section III. Consulates may be sent to a nation with a simple majority of the General Assembly in concurrence.
Section IV. Treaties may be established between HumanSanity and another party with a 2/3 majority of the General Assembly.
Article XII. Secretive Military Actions
Section I. As the need may appear for the public of HumanSanity not to be informed of a Military Action at least 3/4 of both the Council of Humanity and the National Security Council must be in concurrence and the General Assembly must be given the information relating to the operation within 180 days unless both the National Security Council and the Council of Humanity agree to continue secracy on the subject with a 3/4 majority in each in which case a re-vote must occur every 180 days.
Article XIII. Impeachment
Section I. Any member of the Government of HumanSanity above a Member of the General Assembly may be Impeached for High Crimes by the General Assembly.
Section II. After accusations in a court of law or otherwise a person of office may be impeached with a 2/3 majority of the General Assembly in concurrence. If Impeached the official is removed from office.
Section III. Any member of the General Assembly may have their right to vote suspended by a court of law for up to 180 days total without incarceration and for up to 1 year in addition to time incarcerated.
Article XIV. Votes of No Confidence
Section I. Following a change of view in the General Assembly a certain elected official may have a Vote of No Confidence for their office.
Section II. Before a Vote of No Confidence at least 20,000 General Assembly Members must support the Vote of No Confidence in a petition.
Section III. A Vote of No Confidence will require a 2/3 majority to pass and may be suspended to a 3/4 majority with a majority vote of the Supreme Court or the Council of Humanity.
Article XV. Open Record
Section I. All governmental records not deemed to threaten national security must be made publicly available and must be able to be requested without monetary penalty to the requester.
Section II. No person may be prosecuted for releasing material that has been kept private against the provisions of Section I of this Article.
Article XVI. Bill of Rights and Provisions Thereof
Section I. The Freedom of Speech shall not be denied except in the cases of libel and slander. The right of the Government to modify what people are permitted to say is not permitted except in the case it endangers other people. People are still expected to say things they know not to be false and whenever possible things they know expressly to be true.
Section II. The Freedom of Thought shall not be denied ever. The Government may make no law to limit the right of people to think inside their own head or to search what people are thinking against their will.
Section III. The Freedom of Press shall not be denied except in the cases of libel and slander. The right of the Government to limit the Freedom of Press apart from libel and slander shall only apply to false information.
Section IV. The Freedom of Assembly shall not be denied except where it endangers public safety. Spontaneous demonstrations may not be limited by the government.
Section V. Freedom of Religion shall not be denied except where a person acts on a part of their religion which instructs them to harm any other person. The government shall establish no official religion or base governmental policy upon religion.
Section VI. All persons have to right to only reasonable search and seizure or search and seizure only with a be warrant issued by a judge or justice or other officer of Law.
Section VII. Persons have the right to, when accused of a criminal offense, be tried by a grand jury of anywhere from 13 to 27 people or be tried by a judge or justice upon the request of the accused. Persons also have the right to defend themselves in a court of law and to have legal counsel in a court of law. Persons accused of a crime will have the ability to appeal a ruling.
Section VIII. In the case of a Civil Suit any person have the right to start one. A Civil Suit will be tried by a jury of anywhere from 7 to 21 people or be tried by a judge or justice upon the request of the accused and allowance of the plaintiff.
Section IX. The accused have the right to no cruel and unusual punishment and execution of the accused may only occur by unanimous consent of a jury and an 85% approval of the General Assembly. The accused will also not be subjected to execive bail or fine.
Section X. All rights granted herein are granted to all humans, not just citizens, rights are not endowed by any 'creator'.
Section XI. Any rights or restrictions not reserved by the Federal Government shall be granted to municipal, city, governments.
Section XII. Corporations are not people. However are granted some of these rights. The rights granted in Sections II, IV, V, and VIII are to remain unabridged. The rights granted in Section I and III may be limited by the laws of the government. Any other rights listed herein are not applicable to a corporation or business.
Article XVII. The Secretary-General
Section I. The General Assembly will elect a Secretary-General to manage it's activities every six months.
Section II. The Secretary-General will manage the General Assembly's online forums along with the Chief Justice.
Article XVIII. Amendment
Section I. The General Assembly may pass Amendments to this Constitution with a 2/3 majority, upon veto by the Council of Humanity a 3/4 majority will be required.
Section II. Following passing the General Assembly the Amendment must be reviewed every ten years and must receive at least a simple majority of all people in favor to continue existence.
Article XIX. Passage
Section I. All Citizens of HumanSanity will vote in a poll conducted by one major opponent and proponent of this Constitution jointly. A 2/3 Majority will be required to pass this Constitution.
Section II. In the event of this Constitution being supported by a simple majority but not a 2/3 majority each 5,000 people will send one representative to a meeting in which a simple majority of the Delegates being in favor will result in the passage of this Constitution.
Article XX. Abolishment if Necessary
Section I. The General Assembly may abolish this Constitution with a 2/3 majority vote followed by a 2/3 majority vote of the Council of Humanity and a simple majority approval of the National Security Council.
Section II. National Security Council members voting under Section I. are expected to vote based on reasons of Security not personal biases.
Article XXI. Emergency Level 1
Section I. In the event of there being an eminent threat this Article may be invoked with a 3/4 majority of both the Council of Humanity and National Security Council and upon the referral of a simple majority of any other Council.
Section II. In the even of Section I. being invoked the General Assembly will be disbanded and replaced by an elected uni-cameral Parliament of 415 Members, 19 of which will be the former Councilors of Humanity. The remaining 395 seats will be elected by district. One seat will be held by the Secretary-General who will be changed to the Speaker of Parliament.
Section III. During the invoking of Section I. all references herein to the 'General Assembly' will be removed and replaced with 'the Parliament.'
Section IV. The Council of Humanity will disband except to serve in the Parliament along with the other 395 representatives. From among the 414 members, Speaker of Parliament excluded, a Prime Minister and Deputy Prime Minister shall be selected along with all other officials.
Section V. The Prime Minister shall fulfill all duties of the Council of Humanity and all other officials/Secretaries will serve the function of their Administrative Councils.
Section VI. The Parliament may end Emergency Level 1 with a 4/5 majority or with a 2/3 majority on the recommendation of a simple majority of the National Security Council.
Article XXII. Emergency Level 2
Section I. Emergency Level 2 will be declared when an un-provoked attack has been made upon HumanSanity. A 3/4 majority of the National Security Council and Parliament/General Assembly (as applicable) will be required to invoke Emergency Level 2 and only following an un-provoked attack may Emergency Level 2 be declared.
Section II. The Prime Minister will select two advisers from Parliament/the General Assembly and at least one of those advisers will have drastically different opinions than the Prime Minister. If both of the advisers at any point in time are against the Prime Minister's actions they may veto them.
Section III. The Prime Minister shall fulfill all duties of the Council of Humanity.
Section IV. The Prime Minister may legislate by decree unless disproved by a simple majority of both the Parliament and National Security Council or by their two advisers.
Section V. As exampled in Article XXI. a Parliament will be assembled if the provisions of Article XXI had not been invoked prior to this Article's provisions.
Section VI. The Prime Minister may not remove their advisers without a 2/3 majority approval of both Parliament and the National Security Council.
Section VII. The Parliament may remove the Prime Minister at any time with a 2/3 majority and at least 40% of the National Security Council in concurrence.
1. Originally the Council of Humanity contained 17 members, this was changed to 19 by Amendment Proposal #014 / Passed Amendment #001.