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The Constitution of the Union of Force and its Territories

Renegalle

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The Constitution of the Union of Force and its Territories



Preamble: We the nations of Force and its Territories, come together to form a union in which all are equal, where liberty and democracy prevail, where freedom is not only protected, but embraced, and in which unity is held sacrosanct.

Article A: Citizenship

1. All nations in the Union are citizens.
2. Citizenship shall entitle nations to the rights outlined in Article B.
3. Citizenship may only be removed by the Court as a punishment following a criminal trial. Rights of Citizenship may be removed by the Court for the same reason, but only temporarily.
4. Citizenship shall only remain valid as long as the citizen's nation remains in the Union.
5. Citizens shall hold the sole power to remove a Representative and shall do so by holding a democratic vote in which a simple majority is required to remove them. A public hearing must be held prior to the vote.

Article B: Rights of Citizenship

1. The right to freedom of speech.

1.1. This right shall not allow citizens to circumvent rules put in place on all offsite venues, as long as these rules are solely for the prevention of spam, flaming, blackmail, or similar.
1.2. Government officials shall be subject to restrictions on this right as it pertains to the release of information which if released, could threaten the safety and security of the Union.

2. The right to a fair trial.
3. The right to protest freely and petition the government for the redress of any grievances.
4. The right to run for public office.

4.1. If a candidate in any election fails to answer all questions asked to them by the Founder or Speaker of the House within the debate period, they shall be disqualified from that election.

5. The right to freedom of the press.
6. The right to freely express and hold one's own political views.
7. No citizen shall have to answer for a crime committed prior to that act being made criminal.

Article C: The Cabinet

1. The Founder of Force shall be the Union's head of state and the Prime Minister of Force shall be the Union's head of government.

1.1. The Founder shall be responsible for maintaining stability, overseeing the Cabinet, and stepping in to lead the Cabinet should the need arise.
1.2. The Prime Minister shall be responsible for actively leading the Union and Cabinet.

2. The Prime Minister shall appoint the Cabinet and have the power to remove any of its members, except for the Founder. They shall be responsible for, at minimum, appointing Ministers charged with Foreign Affairs, Internal Affairs, Communications, and Culture.

2.1. A Minister shall be responsible for maintaining existing diplomatic relationships and forging new ones, overseeing the signing of treaties, and ensuring The Force Flyer is distributed to all of them.
2.2. A Minister shall be responsible for overseeing domestic matters, ensuring new members of the Union understand how the government works and know about all the opportunities available to them, and working to improve territories.
2.3. A Minister shall be responsible for publishing The Force Flyer on a monthly basis and producing any other official publications and documents.
2.4. A Minister shall be responsible for creating and running events for citizens of the Union to participate in, continuing old and forging new traditions, and recording the history of the Union.
2.5. All members of the Cabinet may appoint Deputies to assist them in their duties. If any Deputy is delegated power or responsibilities through the administration of a formal oath affirming this, they shall be considered a government official.

3. Any military or intelligence forces within the Union shall be considered under the supreme command and authority of the Founder and Prime Minister.
4. The Prime Minister can appoint a Deputy Prime Minister to help oversee the Ministries of Foreign Affairs, Internal Affairs, Communications, and Culture.

4.1. The Prime Minister can dismiss the Deputy Prime Minister at any time for any reason.
4.2. If the Prime Minister is impeached or absent as defined by G.3, the Deputy Prime Minister shall assume the position of Acting Prime Minister, which shall encompass all the duties and powers of the Prime Minister.
4.3. The Prime Minister is held accountable for the Deputy Prime Minister's actions, and thus the Deputy Prime Minister is expected to be as professional as the Prime Minister.

Article D: Types of Law

1. Laws shall exist in a hierarchical manner, so that some are more important than others.
2. Constitutional Law

2.1. This Constitution shall function as the highest level of law.

3. House Law

3.1. The laws passed by the House of Representatives shall function as the second highest level of law and can do anything that does not contradict the Constitution.

4. Executive Law

4.1. Any Executive Actions issued by the Founder or Prime Minister shall have the power to do anything except contradict, amend, or suspend the Constitution or House Law.

5. Cabinet Law

5.1. Any orders issued by the Cabinet. These orders shall have the power to do anything that does not contradict the Constitution, House Law, or Executive Law.

6. Court Law

6.1. These are all official actions of the Court. These official actions constitute handing down a punishment following a guilty verdict, declaring a law to be illegal, and clarifying an existing law.

7. Treaty Law

7.1. This constitutes all official treaties between Force and other regions. This is the lowest level of law.

Article E: The House of Representatives

1. The House shall consist of Representatives from each region in the Union, proportional to the total number of World Assembly members in each region.
2. The total number of seats in the House of Representatives shall be decided at the start of every House election. Each region will be able to elect one Representative for every 5 World Assembly nations they have. If a region does not fill all of its seats in an election, the vacant seats will not be considered absent and thus, not subject to Article G of this Constitution.
3. The House shall hold the power to pass and repeal laws.
4. The House may pass or repeal any of its laws with a simple majority vote by its members in favor of the change.
5. The House may override an Executive Order from the Prime Minister with a 2/3 majority vote by its members in favor of the change.
6. The House may remove the following types of government officials for failing to perform their responsibilities, serious misconduct, or in response to majority support among citizens for impeachment.

6.1. The Prime Minister may be removed with a 2/3 majority vote of the House.
6.2. A Justice may be removed with a 2/3 majority vote of the House.
6.3. Any other government official, with the exception of the Founder, Cabinet Ministers, and House Representatives, may be removed with a simple majority vote of the House.

7. Any member of the House may propose an amendment to this Constitution. Once every member of the House has had the chance to review the Amendment, the Amendment may be seconded and subsequently, sent to vote. If the House votes in favor of it, with a simple majority, it will then be sent to the citizens for a vote, lasting 4 days. If the citizens approve of the amendment with a 2/3 majority, the amendment will be sent to the Founder for approval.

7.1. If the Founder signs the amendment, the Constitution shall be amended and the amendment shall become law. In signing it, the Founder may fix any spelling errors in the passed amendment and that fixed version shall become law.
7.2. If the Founder vetoes it, providing reasoning for their veto, it shall not become law, with no option to override the veto.

Article F: The Court

1. The Court shall consist of three justices.
2. At the beginning of each elected term, the Justices shall elect from among themselves a Chief Justice, who shall be responsible for ensuring that all responsibilities of the Court are upheld.
3. Any citizen may bring a case before the Court. The Justices collectively shall hold the responsibility of deciding whether or not to hear the case. They may only deny a case if it accuses the defendant of an action which is not illegal under any law or statute which applies to them in the Union or which has been found legal by precedent of another case that, except for those involved, was identical.

3.1. If a case brought to the Court indicts a justice, that justice must recuse themselves from involvement in all stages of that case. The Founder must appoint a special justice to temporarily fulfill their role for that case.

4. If the case shall be heard, the defendant is required to enter a plea of guilt, innocence, or no contest within a week of the case's acceptance.

4.1. A plea of guilt will skip a trial and move directly to sentencing.
4.2. A plea of innocence shall move forward with a trial.
4.3. A plea of no contest means that you do not admit guilt or innocence. The case will move before the justices for sentencing.

5. Each case in which a plea of not guilty was entered into the record shall be heard by a jury of 3 citizens selected at random by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, any citizen currently on trial or that has charges pending, any close personal friends, or any citizen who has served on a jury in the past 3 months.
6. A maximum of two court cases may be heard at one time, based upon the seriousness of the accusation(s). A queue shall be created if more than two cases are pending.
7. The Chief Justice shall oversee all trials. Each trial shall consist of three stages: opening statements, witness testimony and/or the presentation of evidence, and closing arguments. The trial must be accessible for viewership by all citizens.

7.1. Opening statements shall consist of statements by both the plaintiff and the defendant presenting their respective arguments and an overview, from their perspectives, of the case at hand.
7.2. Witness testimony shall consist of bringing in outside individuals with firsthand knowledge of the alleged wrongdoing or lack thereof to testify. The presentation of evidence shall consist of the presentation of evidence to justify or refute the case at hand. Both the plaintiff and the defendant may choose to bring people or evidence forth for this stage.
7.3. Closing arguments shall consist of arguments by both the plaintiff and the defendant to reiterate their arguments. This may include refuting the testimony of witnesses or evidence from the previous stage. The defendant shall be entitled to deliver the last closing argument. Once closing arguments have concluded, the case shall move to the jury for deliberation.

8. The Jury shall have 3 days to determine, with a simple majority, whether the defendant is guilty or innocent. If they are considering voting guilty, a jury member must ensure that they have no reasonable doubt about that guilt before voting. Alongside their vote, they must provide fair reasoning for their decision.
9. The Justices collectively shall hold the responsibility of handing out a punishment to a defendant if they are found guilty or plead no contest.

9.1. Unanimous consensus among the justices (not including a recused justice, if there is one) shall be required to select a punishment for the guilty party. The Chief Justice must ensure consensus is reached on an appropriate punishment within 3 days of the guilty verdict. If a unanimous consensus cannot be reached after 3 days, a majority in favor shall suffice.
9.2. The punishment must be fair and appropriate for the crime committed, as outlined in Article J.

10. Any person convicted of a crime may petition the Court for a new trial based on new evidence.

10.1. On appeal, the Founder will appoint a special team of 3 justices to oversee the trial. This special team shall operate under the normal rules for a trial.
10.2. No jury member who served in the original trial shall be allowed to participate in a new trial.

11. The Justices shall hold the authority to judge whether each law passed within the Union is constitutional or not. If not, they must suspend that law, in its entirety, providing a comprehensive legal argument to explain the reasons for its unconstitutionality.

11.1. A simple majority among the justices shall be required to find a law unconstitutional.

12. The Prime Minister may issue a pardon to anyone convicted of a crime, effectively canceling that person's sentence, provided that the person is not themselves, a close friend of theirs, or an associate in government. They may only issue a pardon once per term.

Article G: Absences

1. In the case of an absence of the Prime Minister, a House Representative, or a member of the Court, an emergency election must be held if the next election for that position is more than one month away. Otherwise the Founder must appoint a replacement within 3 days.
2. In the case of an absence in the Cabinet, the Prime Minister must appoint a replacement within 7 days.
3. An absence is defined as an event in which the government official in question has not spoken or actively performed their duties on the NationStates website, Force forums, or Force Discord server in at least 1 week or where that official has resigned from office.
4. If a government official anticipates an absence this long, in order to keep their job, prior to the absence they must provide reasonable cause for it and designate another official in their area of government to take on their responsibilities. This shall not apply to the House of Representatives, who is subject to clause 3, regardless of the circumstances.

Article H: Elections

1. Election Procedures

1.1. The election shall begin with candidacy declarations, which shall be open for 3 days.
1.2. Following this, a debate, open to questions by all citizens, shall be held for 3 days.
1.3. The last stage shall be voting, which shall be held for 4 days.
1.4. If an election ends with no candidate achieving a majority, voting shall continue until one does. If that election has only one candidate, a fresh election shall be held.
1.5. All stages of elections for Prime Minister, House of Representatives, and Court shall be started by and overseen by the Speaker of the House of Representatives.

1.5.1. The Speaker shall be responsible for sending a telegram to all citizens of the Union's capital region and is urged to send one to each of its states, notifying them of the start of each election stage. They shall do the same on the Force Discord Server. This, however, is optional.
1.5.2. If the Speaker is not able to perform these duties, the responsibility of doing so shall fall to the Deputy Speaker. If for whatever reason, the Deputy Speaker is unable to fulfill these duties either, the Chief Justice shall be endowed with these responsibilities.

1.6. Following the completion of one stage in an election, the next stage shall begin within 12 hours.

2. Prime Minister Elections

2.1. Elections shall start on the first of January, April, July, and October.
2.2. If there are more than two candidates, voters may rank their preferred candidates. Their favorite candidate shall be ranked 1, their second favorite 2, and so on as far as they wish to do rankings.
2.3. The candidate with the majority of votes shall be elected. Abstentions shall not be considered.

2.3.1. If no candidate achieves a majority, an instant runoff shall be triggered. The second preference of those who voted for a candidate other than the two with the most votes shall be counted and so on until a candidate has a majority of votes.
2.3.2. If all of a voter's preferences have been counted, their ballot shall not be used in further counting.

3. House Elections

3.1. Elections shall start on the first of January, April, July, and October.
3.2. Force and each of its territories with at least 5 World Assembly nations shall hold House Elections.
3.3. Each territory shall elect the candidates with the most votes to the seats available for that territory as indicated in E.2.

4. Court Elections

4.1. The three Justices shall be elected.
4.2. Elections shall start on the first of March, June, September, and December.

Article I: Illegal Activities

1. Treason

1.1. Attempting to or successfully undermining the legitimate government of the Union or its allies.
1.2. Attempting to or successfully harming the people of the Union or the people of the Union's allies.

2. Espionage

2.1. Attempting to or successfully sharing sensitive information with non-allied foreign governments without prior approval from the Founder or Prime Minister.
2.2. Attempting to or successfully accessing sensitive information without prior approval from the Founder or Prime Minister.

3. Conspiracy

3.1. Collaborating with one or more other citizens to commit any of the activities in this Article.
3.2. Collaborating with one or more foreign nationals to commit any of the activities in this Article.
3.3. Collaborating with a mix of citizens and foreign nationals to commit any of the activities in this Article.

4. Voting Fraud

4.1. Attempting to or successfully undermining the validity of an election through the creation of multiple accounts.
4.2. Attempting to or successfully undermining the validity of an election, referendum, or vote of any other kind by bringing in nations to vote for one or more specific candidates or ideas.
4.3. Attempting to or successfully undermining the validity of an election by means of something other than that mentioned in I.4.1 and I.4.2.

5. Malfeasance and Nonfeasance

5.1. Malfeasance shall be defined as wrongdoing or misconduct by a government official.
5.2. Nonfeasance shall be defined as a failure to perform one's responsibilities in any government office.

Article J: Punishments

1. The crimes of treason and espionage may be punished with:

1.1. Removal of citizenship
1.2. Temporary removal of the ability to vote; for a maximum of 2 years.
1.3. Temporary removal of the right to run for public office; for a maximum of 2 years.

2. The crimes of voting fraud and malfeasance may be punished with:

2.1. Temporary removal of the ability to vote; for a maximum of 1 year.
2.2. Temporary removal of the right to hold or run for public office; for a maximum of 2 years.

3. The crime of nonfeasance may be punished with:

3.1. Temporary removal of the right to hold or run for public office; for a maximum of 6 months.

4. The crime of conspiracy to commit treason or espionage may be punished with:

4.1. Removal of citizenship
4.2. Temporary removal of the ability to vote; for a maximum of 1 year.
4.3. Temporary removal of the right to hold or run for public office; for a maximum of 1 year.

5. The crime of conspiracy to commit voting fraud or malfeasance may be punished with:

5.1. Temporary removal of the ability to vote; for a maximum of 6 months.
5.2. Temporary removal of the right to hold or run for public office; for a maximum of 1 year.

6. The crime of conspiracy to commit nonfeasance may be punished with:

6.1. Temporary removal of the right to hold or run for public office; for a maximum of 3 months.

Article K: Territories

1. Force shall consist of territories, all subject to Force Law.
2. The Capital Territory shall be the seat of the Federal Government and be administered solely by it.

2.1. Force is the only capital territory.

3. States shall exist as semi-sovereign entities. Each of them may form their own governments with power over all matters, besides those of foreign relations and defense. The Federal Government may grant these restricted powers to a State Government at its discretion.

3.1. RGBN and Heart are the only states.

4. Provinces shall exist as semi-sovereign entities. They may be lead by a Governor, appointed by the Founder or Prime Minister, put under direct Federal Government control at the order of the same, or have their own government with whichever powers the Federal Government grants to them.

4.1. The Federal Government may create, integrate, or remove provinces at its discretion.

Article L: Ineligibility Clause

1. No Representative shall, during the time for which they were elected, be appointed to any civil office under the Authority of Force and no person holding any office in the Force Cabinet, shall be a member of the House during their continuance in office.
2. No Court Official shall, during the time for which they were elected, be appointed to any civil office under the Authority of Force and no person holding any office in the Force Cabinet, shall be a member of the Court during their continuance in office.

« Last Edit: March 21, 2020, 11:08:08 PM by Renegalle »