Constitution of the Principality of Freedonia
This document is the supreme and highest law of the Principalityof Freedonia.
Preamble
The aim of all political association is the preservation
of the natural and imprescriptible rights of man. These rights are liberty,
property, security, and resistance to oppression. We feel that present
day governments are no longer effective protectors of the rights of the
people. So we hereby establish this constitution to ensure the rights of
the people and let people live free in the Principality of Freedonia.
We hold that the principles contained in this Preamble
should be the beacon of the Principality and thus take precedence over
all other laws of the land, including Articles contained in this Constitution.
Therefore the People of the Sovereign Principality of Freedonia recognize
and proclaim, in the presence and under the auspices of the Creator, the
following rights of Man and of the Citizen, that:
All persons are born free and remain free and equal in rights. Social distinctions are an economic necessity. In no way are anyone's rights related to their economic status.
Liberty consists in the freedom to do everything
which injures no one else; hence the exercise of the natural rights of
each man has no limits except those which assure to the other members of
the society the enjoyment of the
same rights. These limits can only be determined by law.
The Prince and the Parliament shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not essential to the securing of the prisoner's person shall be severely repressed by law.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
For criminals, the law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed.
The security of the rights of man and of the citizen requires military forces. These forces are, therefore, established for the good of the nation and not for the advantage of any one person.
Law is the expression of the general good. Every citizen has a right to participate personally, through petitioning his representative, through petitioning the Prince, and through initiative in its foundation. Laws must be the same for all, whether it protects or punishes. All citizens over age 15, being equal in the eyes of the law, are equally eligible to all dignities and to all public positions and occupations, according to their abilities, and without distinction except that of their virtues and talents.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the government by the
Constitution, nor prohibited by it, are reserved
to the people.
Article I. Legislative Powers
Section 1.
All legislative powers herein granted shall be vested solely in the Parliament of Freedonia, but the People reserve unto themselves the powers of initiative and recall.
Section 2. The Parliament; how elected; terms.
(a) The Parliament shall be composed of members chosen at large for one year by the People of Freedonia.
(b) No person shall be a member of Parliament who has
not attained the age of 15, and who when elected
shall not be a Citizen of Freedonia.
(c)The initial enumeration of seats in Parliament shall be 7. An additional seat shall be created per 20 citizens until Parliament reaches 150 seats.
(d) When vacancies happen in the representation of the Parliament, the Prime Minister shall appoint a Citizen otherwise fulfilling the requirements of Article I, Section 2(b) to serve for the remainder of the unexpired term for that seat.
(e) The Prime Minister of Freedonia shall be the Head of the Parliament but shall have no vote unless they be equally divided.
(f) The Parliament shall choose their officers and also a head of parliament in the absence of the Prime Minister.
(g) The Parliament shall assemble least once each year and such meeting shall take place at a time and place as they shall appoint by law.
Section 3. Oath of office
Before elected members of Parliament enter on the Execution of their Offices, they shall take the following Oath:-- ìI do solemnly swear that I will well and faithfully execute the duties of the office on which I am about to enter, and will to the best of my Ability, preserve, protect and defend the Constitution of the Principality of Freedonia."
Section 4. Parliament and internal proceedings.
(a) The Parliament shall submit to the Electory Board
to be the judge of elections, of its own members, and a majority
shall constitute a quorum to do business but a smaller number may adjourn
from day to day, and may be authorized to
compel the attendance of absent members in such manner
and under such penalties as it may provide.
(b) The Parliament may determine the rules of its proceedings, and from time to time publish the same excepting such parts as may in their judgment, and with the concurrence of the Prince, require secrecy; and the yeas and nays of the members on any question shall, at the desire of one-fifth of those present, be entered on the journal.
Section 5. Compensation; holding of other offices.
(a) The Parliament may receive compensation for their
services to be determined by the will of the People through referendum.
The Parliament is specifically denied the power the set, regulate, or deny
compensation for any civil
official of the government of the Principality.
(b) No member of Parliament shall, during the time for
which he was elected, hold any other office under the authority of the
Principality of Freedonia. This provision shall take effect effect at such
time as there are one hundred
Citizens having reached the age of 15.
Section 6. Bills and Acts.
(a) Every bill originating in the Parliament shall, before it becomes a law, be presented to the Prince. If he approves he shall sign it, but if not he shall return it, with his objections to the Parliament who shall enter the objections at large in their journal, and proceed to reconsider it. If after reconsideration, three fourths of the Parliament shall agree to pass the bill it shall become law. But in all such cases the votes shall be determined by yeas and nays and the names of the persons shall be entered on the journal of the Parliament. If any bill shall not be rejected by the Prince within 60 days after it shall be presented to him, the same shall be law in like manner as if he had signed it, unless the Parliament by their adjournment prevent its return, or unless the Prince is prevented physically from returning it by extraneous circumstances, in which case it shall not be law.
(b) Laws passed by parliament can be declared unconstitutional
if the majority of Grand Council declares it to be.
Section 7. Power of Impeachment
(a) The Parliament and shall have the sole Power of Impeachment.
(b) The Parliament shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they
shall be on Oath or Affirmation. When the Prime Minister
of Freedonia is tried, the Chief Justice
shall preside: And no Person shall be convicted without
the Concurrence of two thirds of the Members present.
(c) Judgment in Cases of Impeachment shall not extend
further than to removal from Office, and
disqualification to hold and enjoy any Office of honor,
Trust or Profit under Freedonia: but
the Party convicted shall nevertheless be liable and
subject to Indictment, Trial, Judgment and
Punishment, according to Law.
Section 8. Powers of the Parliament.
The Parliament shall have the power
(a) to regulate commerce with foreign nations;
(b) to provide for punishment for counterfeiting the securities and current coin of the Principality;
(c) to fix the standard of weights and measures;
(d) to promote the progress of science and useful arts by securing for limited times the exclusive right to their respective writings and discoveries;
(e) to define and punish piracies and felonies committed
on the high seas,
(f) grant letters of marque and reprisal,
(g) to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the government of Freedonia or in any department or officer thereof.
Section 9. Restrictions
(a) The naturalization of such persons as the Prince and the People think proper shall not be prohibited.
(b) The privilege of the writ of habeas corpus shall not be suspended.
(c) No bill of attainder nor ex post facto law shall be passed.
(d) No capitation or other tax shall be laid by Parliament
except it is approved by the people through referendum of the
People.
(e) No money shall be drawn from the Treasury by Parliament but in consequence of appropriations made by law;
(f) The government shall have no right to grant monopolies.
(g) No laws shall be made concerning marriage.
Section 10.
The Parliament will not be created until such time as the number of Freedonian citizens over the age of 15 exceeds 35.
Section 1.
The Princeís duty is to act as a Supreme guardian of the Freedonian people and their rights.
Section 2. Prince and how chosen.
(a) The Executive Power of the Principality insomuch as it relates to the internal governance of the Principality shall be vested in the Prince. The Prince shall be the advocate of the People.
(b) The Prince shall serve for life or until such time as he shall relinquish the Crown.
(c) Upon relinquishing the Crown, the Prince shall establish his successor without interference from any group or body. During his reign he may establish, at his leisure, a Prince Regent to serve in the event of his untimely death or disability.
(d) Should the Prince die without benefit of naming a Regent the closest relative shall fulfill the duties of the Prince and assume the Crown.
Section 3. Prince to be Commander-in-Chief
(a) The Prince shall be the Commander-in-Chief of the army and navy of the Principality.
(b) The Prince shall commission all military officers of the Principality.
Section 4. The Powers of the Prince on behalf of the People shall be,
(a) to create a cabinet and appoint its members.
(b) to delegate his powers unto cabinet members and the ministries they may create as he sees fit, to appoint a member to the Electory Council, and to appoint the Head of Army to provide advice on the judicious use of the army and navy of the Principality on behalf of the People;
(c) to grant reprieves and pardons for offenses against the Principality except;
(d) to peacefully annex territory on behalf of the People of Freedonia;
(e) to coin money and regulate the value thereof, and;
(f) to raise and support armies for the common defense,
to provide and maintain a navy, to make rules for the government and regulation
of the land and naval forces and to provide for calling forth the militia
to execute the
laws of the Principality, suppress insurrection, and
repel invasions; to provide for organizing, arming, disciplining the militias
and for governing such part of them as may be employed in the service of
the Principality.
Section 4. Powers of the Prince relating to law.
The following Powers shall be irrevocably vested in the
Prince in the interest
of the People;
(a) to issue proclamations which carry the force of law. A Proclamation shall take effect not less than twenty-one days after its issuance. No proclamation shall be valid if it is ruled by four fifths of the Grand Council to violate the declaration of rights in this constitution
(b) to call special referendums to determine the will of the People for his own information.
(c) The Prince shall pass no bill of attainder or ex post facto law.
Section 5. Powers to dissolve Parliament and the Grand Council
(a) The Prince will have the power to dissolve Parliament and/or the Grand Council if three fourths of the people consent to do so in a referendum.
(b) The Prince may reinstate the Parliament and/or the Grand Council at any time, so long as one half of the people agree to do so in a referendum.
Article III. The Prime Minister.
Section 1.
(a) The Administrative Power of the Principality shall be vested in the Prime Minister of Freedonia. He shall hold his office for a term of two years and be elected as follows:
(b) Citizens having reached the age of majority as proscribed by law shall vote. Under the supervision of the Electory Board without the Prime Minister, the ballots shall be tallied. The person having the greatest number of votes shall be Prime Minister, if such number be a majority of votes cast. If no person receives a majority of votes cast a special Election shall be called by the Prince for thirty days hence and the three person receiving the greatest number of votes during the general election shall be placed on the ballot. The person receiving the greatest number of votes during the special election shall be the Prime Minister notwithstanding a majority of votes received.
(c) The Parliament shall determine the day of election for the Administrative branch by law or in absence of such law the date of voting shall be the first Monday in January.
(d) No person shall be Prime Minister who shall not have attained the age of majority as established by legislation at the time of his election and who, when elected, after the year 2001, shall not have been a citizen of Freedonia for a period of one year.
(e) In case of removal of the Prime Minister from office, or of his death, resignation, or inability to discharge the duties of the said office, the same shall devolve on the Secretary of Treasury, and in the case of removal, death, resignation, or inability of both Prime Minister and Secretary of Treasury, the Head of Army shall fulfill the duties of Prime Minister until the Prince shall call special election not less than 30 days nor more than 45 days after the vacancy occurs to fill the unexpired term of the office of the Prime Minister.
(f) The Prince and Prime Minister may receive compensation for their services in an amount to be determined by initiative of the People.
Section 2. Appointments
The Prime Minister shall have the Power, and by and with the advice and consent of the Prince, shall appoint ambassadors, other public ministers and consuls, whose appointments are not herein otherwise provided for and which shall be established by law; but the Parliament may by law vest the appointment of such inferior officers as they think proper in the Prince alone or in the heads of departments.
Section 3. The Prime Minister shall communicate to the Parliament.
He shall from time to time give the Parliament information of the State of the Principality and recommend to their consideration such measures as he shall judge necessary and expedient; he shall take care that the laws be faithfully executed.
Section 4. All civil offices Forfeited for Certain crimes.
The Prime Minister, and all civil officers of the Principality shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes or misdemeanors. The Prince may not be impeached.
Section 5. Oath of office
Before the elected Prime Minister enters on the Execution of his Office, he shall take the following Oath:-- ìI do solemnly swear that I will well and faithfully execute the duties of the office on which I am about to enter, and will to the best of my Ability, preserve, protect and defend the Constitution of the Principality of Freedonia."
Section 6.
Until the number of citizens over age 15 reaches 50, the Prime Minister shall be appointed by the Prince.
Article IV. Judiciary.
Section 1. Judicial Powers; tenure.
(a) The judicial power of the Principality of Freedonia shall be vested in the Grand Council and in such Grand Juries as the People shall see fit to establish. The Justices of the Grand Council shall be five in number. One shall be elected by the people, one shall be selected by the Parliament, and the remaining three shall be chosen by the Prince. Justices shall serve for 3 years. The manner of electing Justices of the Grand Tribunal shall be selected at large in the same fashion as for the Parliament.
(b) There shall be one Judge elected to each Grand Jury
to serve a term of six months. The right to sentence is reserved to the
Jury. The members of each Grand Jury established by the People shall be
determined by the Judge
of said Jury drawing at random the names of twelve citizens.
(c) All judicial offices shall be non-partisan. No political party or party central committee may endorse, support, or oppose a candidate for judicial office.
Section 2. Judicial power; extent; original jurisdiction of Grand Council.
(a) The Judicial Power of the Grand Council shall extend to all cases in law and equity arising under this Constitution, the laws of the Principality, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls, and to all cases of admiralty and maritime jurisdiction.
(b) The Grand Council shall review every law originating from the Prince or the Parliament to ensure that the law does not violate the constitution or violate the rights of Freedonian citizens. The Grand Council may declare a law unconstitutional, null, and void according to the provisions made elsewhere in this document.
(b) In all cases affecting the Prince and his Proclamations, ambassadors, other public ministers and consuls, and cases to which the Principality is a party, the Grand Council shall be the court of original jurisdiction. In all other cases, The Grand Council shall have appellate jurisdiction.
(c) The trial of all crimes, except in cases of impeachment shall be by Grand Jury.
Section 3. Treason defined; proof of; punishment.
(a) Treason against the Principality of Freedonia shall consist only in levying war against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the overt act or on confession in open court.
(b) The Parliament shall have the power to declare the punishment of treason.
Section 4.
The Judiciary Branch shall not be established until such
time as the number of citizens over age 15 exceeds 35.
Article V. The Electory Council
Section 1.
The Electory council is responsible for holding elections and ensuring the accuracy and fairness of the tallying process.
Section 2.
(a) The Electory Council shall consist of a panel composed of 3 members. One member is the Prime Minister, one is elected by the Parliament, and one is appointed by the Prince.
(b) Each member of the Electory Council shall serve for a period of two years, with exception of the Prime Minister who will serve for the duration of his term.
(c) The Prime Minister will not sit on the Electory Council when it concerns the election of the Prime Minister.
Section 3.
The Electory Board shall not be established until such time as the number of citizens over age 15 exceed 35.
Article VI. Voting, Initiative, Referendum, and Recall
Section 1.
Government is instituted for the protection, security, and benefit of the people, and it is their natural right to alter or reform it when the public good may require.
Section 2.
The Parliament shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
Section 3. Initiative, how called.
(a) The initiative is the right of the People to propose statutes and amendments to the Constitution and to adopt or reject them.
(b) An initiative measure may be proposed by presenting to the Electory Board a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by electors equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the votes for all candidates for Prime Minister at the last election.
(c) The Electory Board shall then submit the measure at the next general election held at least 61 days after it qualifies or at any special election held prior to that general election. The Prince may call a special election for the measure.
(d) An initiative measure embracing more than one subject
may not be submitted to the People or have any effect.
Section 4.
(a) An initiative statute or amendment approved by a majority of votes thereon is submitted to the Prince where if it is signed by the Prince, it becomes effective immediately. If it is not signed by the Prince, it is voted upon by the Parliament as a bill.
(b) If provisions of 2 or more measures approved at the same election conflict, those of the measure receiving the greatest number of affirmative votes shall prevail.
(c) The statute must be approved by majority of the Grand Council.
(d) Prior to circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Electory Board who shall prepare a title and summary of the measure as provided by law.
(e) The Parliament shall provide the manner in which petitions shall be circulated, presented, and certified, and measures submitted to the People.
Section 6.
No amendment to the Constitution, and no statute proposed to the People by the Parliament or by initiative, that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, may be submitted to the People or have any effect. No bill of attainder may be passed.
Section 7. Recall; how determined; petitions.
(a) Recall of any elected civil officer is initiated by delivering to the Electory Board a petition alleging reason for recall. Sufficiency of reason is not reviewable. Proponents have 30 days to file signed petitions.
(b) A petition to recall an officer must be signed by eligible voters equal in number to 15 percent of the votes cast in the election for said officer.
(c) The Electory Board shall maintain a continuous count of the signatures certified to that office.
Section 8. Recall Elections.
(a) An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the Prince and held not less than 30 days nor more than 45 days from the date of certification of sufficient signatures.
(b) A recall election may be conducted within 90 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next general election.
(c) If there is a majority vote of three fourths on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer may not be a candidate.
Section 9. The parliament shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election.
Section 10.
This Article does not go into effect until such time as the number of citizens over age 15 exceeds 50.
Article VII. Annexation
Annexed Territories
(a)The Prince shall have the right to annex territories to the Principality, when he receives a petition to do so by the owner of the land to be annexed. The owner of the land will be Governor of the territory.
(b) No Territory shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. Territories are subject to all Freedonian law. Territorial governments may create additional laws so far as they do not contradict the Constitution, they do not contradict laws of Freedonia. The Grand Council has the right to review these laws to ensure the above. The Governor, all members of the territorial government, and all inhabitants of the territory shall be Freedonian citizens.
(c) The governor will have the right to set up any type of provisional government over this territory and rule this territory as they see fit as long as it does not contradict the above provisions.
(d) The Freedonian flag may be flown over all Territories.
(e) Land obtained through military action, land part of the continent of Antarctica, and land on celestial bodies are not considered territories and are therefore not regulated by the above provisions. Land not classified as a territory is a part of Freedonia proper and is under direct rule of the Freedonian government.
Article VIII. Constitution; how amended.
Section 1
(a) The Prince may propose amendments to the constitution which shall then be included as part of this Constitution on the ratification of such amendment by one half of the People, occurring at least sixty but not more than one hundred twenty days after its proposal.
Section 2
(a) The Parliament, whenever two-thirds of the members then seated shall deem it necessary, may propose amendments to this Constitution which shall then be included as part of this Constitution on approval by the Prince, occurring at least sixty but not more than one hundred eighty days after its passage by the Parliament. If the Prince does not approve of the amendment, the amendment may be included upon the ratification of the amendment by six sevenths of the people, occurring at least sixty but not more than one hundred twenty days after its passage by the Parliament.
(b) No amendments to this article shall be passed. No amendment shall be passed which restricts the rights of the people as outlined in this constitution. Unless proposed by the Prince, no amendments to Article II on Royal Powers may be passed. No amendments further restricting the power of the Prince may be passed, unless proposed by the Prince.
Section 3.
All amendments must be approved by four fifths of the
members of the Grand Council to ensure that they adhere to this article
and do not violate the rights of the people.