Constitution of the Principality of Freedonia
This document is the supreme and highest law of the Principality of Freedonia.
Preamble
The aim of all political association is the preservation
of the natural and imprescriptible rights of man. These rights are liberty,
security in person and property, and resistance to oppression. We feel
that present day governments are no longer effective protectors of the
rights and liberties of the people. So we hereby establish this constitution
to ensure the liberty 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, nor anyone's property; 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.
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 government positions and government 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 two years 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 10. An additional 5 seats shall be created per 2500 citizens until Parliament reaches 30 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.
(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.
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, four fifths 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 so.
Section 7. Power of Impeachment
(a) The Parliament 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. 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 provide for punishment for counterfeiting the securities and current coin of the Principality;
(b) to fix the standard of weights and measures used by government;
(c) to promote the progress of science and useful arts by securing for limited times the exclusive right to their respective writings and discoveries;
(d) to define and punish piracies and felonies committed
on the high seas,
(e) grant letters of marque and reprisal.
Section 9. Restrictions
(a) The naturalization of such persons as the Prince thinks 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.
(e) No money shall be drawn from the Treasury by Parliament but in consequence of appropriations made by law;
(f) All laws and bills passed by parliament shall relate solely to the establishment, structure, and operation of: the courts, the police, and other justice and law enforcement systems. Except:
(i) Laws and bills relating to the specific legislative powers outlined elsewhere in this article,
(ii) Laws and bills concerning taxation and the funding of constitutionally authorized operations of government
(iii) Laws
enabling the enforcement of contracts, and;
(iv) Laws which define, or establish levels of punishment for, types of crimes and torts. An action can be considered a crime or tort only if it meets the following definitions:A crime is any action taken by an individual wherein the individual intentionally initiates physical force, fraud, or theft which results in damage to another individual or damage or loss of another individual's property without the consent of that individual. Tort is any unintentional action that results in damage to another individual or damage or loss of another Individual's property.
Section 10.
The Parliament shall meet for no more than 5 consecutive weeks a year, unless a time extension be granted by the Prince.
Article II. The Prince.
Section 1.
The Princeís solemn duty is to act as a Supreme guardian of the Freedonian people, their rights, and their liberties. As the pinnacle of Freedonia, the Prince represents the best of Freedonian society, and is the proponent of freedom.
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.
Section 3. Prince to be Commander-in-Chief
(a) The Prince shall be the Commander-in-Chief of the army and navy and other armed forces 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 Minister of Defense to provide advice on the judicious use of the army and navy of the Principality on behalf of the People;
(c) to investigate the courts, the police, and other justice and law enforcement bodies in order to ensure their integrity, lack of corruption, and adherance to the law.
(d) to issue passports and other citizenship related documents
(e) to grant reprieves and pardons;
(f) to annex territory on behalf of the People of Freedonia;
(g) to coin money and regulate the value thereof,
(h) to bestow Royal titles, medals, or other rewards for outstanding service to the Principality
(i) 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, naval, and other 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.
(j) to establish and administer the Royal Guard to serve for his protection and the excersising of his duties under this article.
(k) to represent Freedonia in all ambassadorial functions with foreign governments, and to negotiate and enter into treaties on Freedonia's behalf.
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 propose laws and bills to be voted on by parliament
(b) to make official Royal Proclomations and Reccomendations on activities occuring within the Principality, although these do not carry the force of law.
(b) to call special referendums to determine the will of the People for his own information.
(c) to veto bills and laws passed by the parliament
(d) to have sole authority over all immigration and naturalization issues
(e) to designate official holidays, and to establish the
flags, insignias, and symbols of Freedonia.
Section 5. Compensation
The Prince shall be compensated for general housing and
living expenses, with any personal compensation to be determined through
referendum or act of Parliament. The Prince shall also be funded as necessary
for the carrying out of the duties with which he is charged under this
article (except for fuding of the military, which shall be the domain of
Parliament). The Prince shall submit annually a budget to this end, which
shall be adopted unless rejected by 4/5 of the Parliament. In the event
that funding is restricted in such a way as to undermine the ability of
the Monarchy to fulfill its constitutional duties and obligations, the
Grand Council may intervene in order to ensure the budget's assent.
Article III. The Prime Minister.
Section 1.
(a) The Administrative Power of the Principality shall be vested in the Prime Minister of Freedonia, in that he shall see to the logistical implementation of Parliamentary law. 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 may 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 persons 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) 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.
(d) 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 Minister of Defense 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.
(e) The Prime Minister may receive compensation for their services in an amount to be determined by referendum of the people.
Section 2. Foreign matters
The Prime Minister shall have the power and duty of logistical administration of consulate and embassy offices abroad, as well as the managing of difficulties encountered by Freedonian citizens abroad.
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."
Article IV. Judiciary.
Section 1. Judicial Powers.
(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 Council 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 one year. 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 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 by a simple majority.
(b) In all cases affecting the Prince, 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.
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.
(c) The Prime Minister will not sit on the Electory Council when it concerns the election of the Prime Minister.
(d) In the election of the first Parliament, the Electory
Council shall consist of the Prime Minister, an appointee by the Prince,
and an indvidual elected by the public.
Article VI. Voting, Initiative, Referendum, and Recall
Section 1.
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, subject to veto.
(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.
Article VII. Sovereign Territory and Annexation
The aquisition of sovereign territory being necessary
for the establishment of Freedonia, the Prince shall have the authority
to raise and appropriate funds for the aquisition of territory and other
establishment expenses. All funds raised shall be on a voluntary basis.
Once territory is acquired, any land initially owned by the Freedonian
government is to be sold into private hands, with the proceeds to be allocated
by the Prince to address start-up expenses.
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, unless proposed by the Prince. 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.
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.