Constitution of the Union of Force
Preamble: We 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 I: The Citizens
Section A: Citizenship
1. All residents of Union regions hold citizenship, both federal and regional, and are entitled to the rights and freedoms outlined in the Rights of Citizens. No government official, body, or law may deprive or actively fail to promote these rights, under the penalty of law.
1.1. Citizenship and rights of citizenship may be removed solely if a citizen is found guilty by a legally fit court of law, in line with the prescribed crimes and punishments set out by the Penal Code. The right to appeal one’s case and stand as a defendant, with all the rights and duties therein, shall not be abridged.
Section B: Citizen Privileges
1. Citizens may initiate recalls to remove their elected officials from office. Any citizen may initiate a recall, provided another citizen seconds it, and a vote to remove the official nominated in the recall must begin no more than three days hence.
1.1. The vote shall be overseen by the Speaker or a relevant deputy.
1.2. The vote shall last four days.
1.3. Those who initiate recalls and those who vote on them must have resided in the region or area for which the official was elected to serve prior to the recall being initiated.
2. Citizens shall hold the power to force a vote in the House of Representatives on any proposal on which the House has the authority to vote. At least five citizens must sign a motion putting forth that proposal, upon which the House shall be obliged to hold a vote on that motion within one week.
Article II: The Executive
Section A: General Provisions
1. The Executive shall consist of the Council of State, the Federal Cabinet and its associated ministries, and any other executive departments.
2. Both the Founder and the Prime Minister may issue executive orders, which are formal notifications on the use of their lawful powers.
3. All military and intelligence forces within the Union are under the supreme command and joint authority of the Founder and Prime Minister. Both the Founder and Prime Minister hold the authority to appoint and dismiss any officials and personnel serving in these respective forces. The House may regulate the activities of these forces as it sees fit.
Section B: The Founder and Council of State
1. The Founder is the Union’s head of state and chair of the Council of State. They are tasked with ensuring the stability of the Union, advising the Prime Minister, and overseeing the Federal Cabinet.
2. They alone hold the power to:
2.1. Appoint and dismiss their successor;
2.2. Appoint and dismiss members of the Council of State, excluding the Prime Minister;
2.3. Appoint and dismiss territorial governors;
2.4. Sign or veto, with no recourse, amendments to the Constitution and the Rights of Citizens;
2.5. Oversee all Union elections and certify their validity;
2.6. Declare a state of emergency on the advice of the Prime Minister, Speaker of the House, or Chief Justice.
3. The Council of State shall consist of the Founder, the Prime Minister, the leaders of Union States and Territories, and those advisors who serve at the pleasure of the Founder. It is tasked with:
3.1. Coordinating intra-Union events and programs;
3.2. Discussing and tackling regional issues;
3.3. Developing formal recommendations for the resolution of these issues, which must be presented by the Prime Minister to the Federal Cabinet at the earliest convenience.
Section C: The Prime Minister and Federal Cabinet
1. The Prime Minister is the Union’s head of government and chair of the Federal Cabinet. They are tasked with ensuring the proper functioning of government, advising the Founder, and leading the Union.
2. They alone hold the power to:
2.1. Appoint a Deputy Prime Minister, subject to confirmation by the House of Representatives;
2.2. Appoint and dismiss members of the Federal Cabinet and other executive officials, excluding the Founder;
2.3. Create and dissolve ministries and other executive departments;
2.4. Establish executive functions and direct executive officials to carry out policy;
2.5. Pardon or reduce the sentences of up to two individuals per term convicted of legal offenses, excluding themselves or their friends;
2.6. Sign or veto laws passed by the House of Representatives;
2.7. Sign or revoke treaties between the Union and other sovereign governments.
3. The Federal Cabinet shall consist of the Founder, the Prime Minister, Federal Ministers, and those advisors who serve at the pleasure of the Prime Minister. It is tasked with executing the duties of government, including the implementation of all laws, and carrying out the Prime Minister’s program, in accordance with their directives. At minimum, the Federal Ministries and other executive departments are tasked with and must be capable of:
3.1. Maintaining existing diplomatic relations and negotiating diplomatic settlements and treaties;
3.2. Recruiting and integrating new nations into the Union;
3.3. Producing official publications and other documents, including The Force Flyer;
3.4. Maintaining an archive and historical record for the Union;
3.5. Hosting events and celebrating traditions;
3.6. Operating an active Union roleplay;
3.7. Ensuring and promoting engagement in the World Assembly.
Article III: The Legislature
Section A: General Provisions
1. The House of Representatives, also known as the House, is the Union’s unicameral legislature, consisting of elected representatives from the Union.
2. A simple majority requires a vote lasting two days and the assent of at least half of voting members, excluding abstentions.
3. A supermajority requires a vote lasting four days and the assent of at least three-fifths of voting members, excluding abstentions.
4. An absolute majority requires a vote lasting four days and unanimous assent of all voting members, excluding abstentions.
Section B: Officials and Procedures
1. The House shall have a Speaker, elected at the beginning of each term, responsible for holding votes, including those votes which proceed to the citizens at large, overseeing debates, and carrying out House procedures.
2. The House holds the power to determine its operating procedures, within the constraints of this Constitution. Operating procedures govern the way in which the House conducts its business and have no bearing on other areas of government or as legislation.
2.1. House procedures require a simple majority to be passed, amended, or repealed.
Section C: Legislative Powers
1. The House holds the power to pass and repeal legislation with a simple majority. Passed legislation shall require the signature of the Prime Minister to become law.
1.1. If the Prime Minister fails to sign or veto passed legislation within one week, it shall automatically become law.
1.2. If the Prime Minister vetoes passed legislation, the House may overturn that veto with a supermajority and it shall become law.
1.3. Legislation affecting election procedures shall require a supermajority to be passed or repealed. For a veto of such legislation to be overturned, it shall require an absolute majority.
Section D: Amendment Powers
1. The House holds the power to amend this Constitution and the Rights of Citizens with a supermajority, first from its chambers, then from the citizens at large. Amendments shall require the signature of the Founder to take effect.
1.1. The Founder may resolve formatting, grammar, or spelling errors when signing an amendment.
2. The House holds the power to amend the Penal Code with a supermajority.
Section E: Impeachment Powers
1. The House holds the power to impeach the Prime Minister and Court Justices with a supermajority. The House holds the power to impeach all other officials, except the Founder and House Representatives, with a supermajority.
1.1. Any representative may initiate impeachment proceedings by presenting articles of impeachment to the House, specifying the official being impeached, the office they are being impeached from, and the reasons for their impeachment. If these articles are seconded by another House Representative, they must be put to vote.
2. If the Prime Minister or a Court Justice is impeached, the Articles of Impeachment must be presented to the citizens at large for a vote. If these articles are approved by a simple majority, then the official shall be removed from office.
3. If any other official is impeached, they shall automatically be removed from office.
Section F: Confirmation Powers
1. The House holds the power to confirm the accession of citizens to certain offices with a simple majority.
2. Upon the nomination of an official requiring confirmation, the House shall vote on their confirmation within three days.
Section G: States and Territories
1. The House holds the power to admit new regions to the Union as territories with a simple majority.
2. The House holds the power to combine, disassociate, or dissolve existing territories with a supermajority.
3. The House holds the power to elevate territories to state status by passing a new State Charter with a supermajority. The House also holds the power to downgrade states to territorial status by repealing a State Charter with a supermajority.
4. The House may establish legal criteria that must be met for regions to be admitted to the Union, territories to be elevated to state status, states to be downgraded to territorial status, and territories to be combined, disassociated, or dissolved.
Article IV: The Judiciary
Section A: General Provisions
1. The Judiciary shall be vested in the High Court, which shall hold supreme authority over all judicial matters, and in such inferior Courts as the House may from time to time ordain and establish.
2. The High Court shall consist of three justices.
3. The High Court shall be led by a Chief Justice, who shall be responsible for ensuring that all duties of the Court are upheld. The Chief Justice shall be the most senior member of the Court.
Section B: Case Procedures
1. 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 the Penal Code or which has been found legal by precedent of another case that, except for those involved, was identical.
1.1. Where a justice is the plaintiff or defendant in a case brought before the Court, that justice must recuse themselves from all involvement, except in the capacity of plaintiff or defendant. The Founder must then appoint a special justice, to be referred to as an Arbiter pro Tempore, to carry out their judicial duties for that case.
2. If a case shall be heard, the defendant must enter a plea of guilt, innocence, or no-contest within a week of the case's acceptance.
2.1. A plea of guilt or no-contest will skip a trial and move directly to sentencing.
2.2. A plea of innocence shall move forward with a trial.
3. Each case in which a plea of innocence was entered into the record shall be heard by a jury of three impartial citizens selected by the Justices. The following are prohibited from serving on a jury: the defendant, the plaintiff, and any citizen currently on trial or who has charges pending.
4. Following a plea, the Court must proceed with a trial or sentencing within one week unless the defendant seeks an injunction as a result of an anticipated absence, in which case the Court may delay the proceedings for up to one month. 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.
Section C: Trial Procedures
1. The Chief Justice shall oversee all trials, unless they must recuse themselves. If this occurs, the Court may nominate any other justice who is neither indicted nor involved to lead the trial. 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.
1.1. 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. If the plaintiff or defendant fails to provide a response within two days, the trial may proceed to the next stage.
1.2. 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. If the plaintiff or defendant fails to provide a response within three days, the trial may proceed to the next stage.
1.3. Closing arguments shall consist of statements 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. If the plaintiff or defendant fails to provide a response within two days, the trial may proceed to the next stage.
2. The Jury shall have three 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 and that the act in question was malicious, before voting. Alongside their vote, they must provide fair reasoning for their decision.
Section D: Sentencing
1. The Justices collectively shall hold the responsibility of handing out a punishment to a defendant if they are found guilty or plead no contest.
2. A consensus among the justices (not including any recused justice(s), if applicable) shall be required to select a punishment for the guilty party. The Chief Justice must ensure consensus is reached on an appropriate punishment within three days of the guilty verdict.
3. The punishment must be fair and appropriate for the crime committed, in line with the Penal Code.
Section E: Appeals
1. Any person convicted of a crime may petition the Court for a retrial based on new evidence or judicial precedent.
1.1. On appeal, the Founder will appoint a special appellate court of three justices to oversee the trial. The appellate court shall operate under established trial procedure. Members of the appellate court shall be referred to by the title Arbiter pro Tempore.
1.2. No jury member who served in the original trial shall be allowed to participate in a new trial.
Section F: Constitutional Review
1. The Justices shall hold the sole authority to judge the constitutionality of criminal, federal, treaty, and local law in accordance with the Hierarchy of Law established by Article V. For every law they review:
1.1. As part of the review process, the Prime Minister may appoint a citizen to speak in defense of the law being reviewed.
1.2. Majority, and, if applicable, concurring and dissenting opinions on the reviewed legislation's legality or lack thereof shall be made public.
1.3. Each such opinion shall provide comprehensive reasoning for its findings. If the majority opinion rules a law unconstitutional, that law shall be suspended in its entirety. State Charters do not need to be suspended in their entirety; the majority opinion must specify which sections of the charter are to be suspended and/or modified.
Section G: Clarification of Law
1. The Justices may clarify points of criminal, federal, treaty, and local law that citizens find to be unclear.
1.1. If a citizen believes a point of law is unclear, they may submit a Request for Clarification to the High Court, which shall review it and make a ruling as to how the law should be interpreted. While the request is being considered, citizens may submit briefs to the Court to support them in interpreting the law. The Court is obligated to respond to each respective brief and consider their merits.
1.2. The House of Representatives shall be notified of any ruling the High Court makes with regard to clarification.
Section H: Miscellaneous
1. The Court may issue writs of certiorari by a majority vote, which mandate that a lower court deliver its records on a case so that the High Court may review and rule on it. For retrials, the Court shall use established trial procedure.
2. The Court may issue subpoenas by majority vote.
2.1. When a subpoena involves government documents, the documents must be provided to the Court within one week.
2.2. When a subpoena involves an individual, that individual must appear before the Court and submit testimony within one week of the subpoena being issued.
Article V: Hierarchy of Law
Section A: Constitutional Law
1. The Constitution of the Union of Force and the Rights of Citizens shall collectively function as the highest level of law throughout the Union and shall be referred to as Constitutional Law.
Section B: Criminal Law
1. The Penal Code shall function as the second-highest level of law throughout the Union and shall have the authority to do anything that does not contradict, amend, or suspend Constitutional Law.
Section C: Federal Law
1. Federal Law shall be defined as laws that have the authority to do anything that does not contradict, amend (except by legal means), or suspend Constitutional or Criminal Law.
2. All legislation passed by the House of Representatives shall be considered Federal Law.
Section D: Treaty Law
1. Treaty Law shall be defined as laws that have the authority to do anything except contradict, amend, or suspend the Constitutional, Criminal, or Federal Law.
2. All official treaties between the Union and other sovereign governments and ordinances passed through the framework of these treaties shall be considered Treaty Law.
Section E: Local Law
1. Local Law shall be defined as laws that have the authority to do anything within that State or Territory which does not contradict, amend, or suspend Constitutional, Criminal, Federal, or Treaty Law.
2. All State Charters and other state and territorial laws shall be considered Local Law.
Article VI: Separation of Powers
Section A: Branches of Government
1. No individual shall hold any of the following positions simultaneously:
1.1. Prime Minister
1.2. Speaker of the House
1.3. Chief Justice
2. No House Representative shall be a member of the Court during their continuance in office.
3. No House Representative shall hold more than one seat concurrently, nor shall any Representative seek office in two different constituencies during an election.
Article VII: Vacancies
Section A: General Provisions
1. A government office is considered vacant when:
1.1. The office holder has lost citizenship.
1.2. The office holder has not spoken on the NationStates website, Union forums, or Union Discord servers in at least two weeks. If an office holder anticipates an absence of this duration or longer, they may be exempted from this requirement for up to two additional weeks if they provide notice of their anticipated absence.
1.3. The office holder has resigned.
1.4. The office holder has been removed from office.
1.5. The office was left vacant following an election.
2. In addition to the above conditions, an office in the House of Representatives shall be considered vacant when the nation with which the office holder was elected is no longer present in the region they represent.
Section B: The Office of Prime Minister
1. Should the office of Prime Minister become vacant, upon their agreement, the Deputy Prime Minister shall assume the office. Should they choose not to assume the office, the matter shall be deliberated in the House, which shall choose a new Prime Minister.
1.1. All representatives shall be able to nominate citizens for the office, provided they agree to their nomination. A subsequent vote shall be held in the House, and the nominee who receives a majority shall assume the office of Prime Minister. Both the nominations and voting period shall each last one day. If no nominee receives a majority, a second vote, lasting one day, between the two nominees with the highest voting totals, shall be held.
1.2. If no nominations are made, or if a tie cannot be broken, an emergency election, following the same rules as an ordinary election for the office, must begin within one week.
Section C: The House of Representatives
1. Should all seats in the House of Representatives be vacant, an emergency election, following the same rules as an ordinary election for the body, must begin within one week.
Section D: The High Court
1. Should a vacancy arise in the Court or should a proposed nominee be rejected by the citizens, the Prime Minister shall nominate a replacement within one week. The Prime Minister shall make a public statement regarding this nomination, and it shall be brought by the Speaker or a relevant deputy, within three days, to the citizens for a vote. A simple majority in favor of the nomination, within four days, shall be required to confirm the nominee.
Section E: Other Vacancies
1. In the case of any other vacancy, unless otherwise specified by law, no further action shall be taken.
Article VIII: Federal Elections
Section A: Stages
1. Federal elections shall consist of three stages:
1.1. Candidacy declarations shall be the first stage, lasting for three days, during which any citizen may declare their candidacy for an office.
1.2. The debate period shall be the second stage, lasting for three days, during which any citizens may ask the declared candidates questions. Candidates must answer a minimum of three questions relating to their office to avoid being disqualified. If they are not questioned by citizens, they may create their own question to fulfill the quota.
1.3. Voting shall be the final stage, lasting for four days.
Section B: Voting
1. Voting for Prime Minister and constituency seats in the House of Representatives shall use an instant-runoff system; voting for Union seats shall use a single transferable vote system. Voters shall be able to rank their choices for each position. Voters residing in all of the Union may vote for Prime Minister and Union representatives; voters in the capital and states may vote for their respective constituency representatives.
2. The procedure for tallying votes under the instant-runoff and single transferable vote systems shall be determined by the House. If there is no established procedure, the official(s) responsible for tallying the votes shall use their best judgment, based upon the system’s intended functionality. The candidate(s) who achieve a majority after this tally shall be elected.
3. If there is only one candidate for an office, voters must approve of that candidate with a majority in order for them to be elected.
4. If there are only two candidates for an office, voters must approve of one candidate with a majority in order for them to be elected.
5. Abstentions shall not be considered when determining whether a candidate has achieved a majority.
Section C: General Elections
1. General elections shall be held to elect the Prime Minister and all seats in the House of Representatives. They shall begin on the first of January, April, July, and October.
Section D: Emergency Elections
1. The House may schedule emergency elections, either in all House seats or only in vacant seats. These may not begin less than a month prior to general elections. Emergency elections shall follow the same procedures as general elections.
Section E: Seat Allocation
1. The Capital and States shall each be allocated one House seat; these are constituency seats.
2. The Union as a whole shall be allocated one House seat for every twenty World Assembly nations within its borders at the start of an election; these are Union seats.
Article IX: The Union
Section A: General Provisions
1. The Union of Force constitutes the capital, the states, and the territories.
2. The capital, states, and territories are all subject to constitutional, criminal, federal, and treaty law.
Section B: The Capital
1. The Capital is the seat of the Federal Government and is administered by it alone.
2. Force is the Capital.
Section C: The States
1. The States shall hold power over all executive and legislative affairs granted to them by their charters, and in line with applicable law. Where local legislatures do not exist, state leaders shall hold the power to pass decrees, which shall function as a form of local law. States shall not hold judicial powers.
Section D: The Territories
1. The Territories shall hold power over those executive affairs granted to them by the Founder, and in line with applicable law. Territorial leaders shall hold the power to pass decrees, which shall function as a form of local law. Territories shall not hold legislative or judicial powers.
Article X: States of Emergency
Section A: General Provisions
1. A state of emergency shall apply to the whole Union and affect each of its constituent parts.
2. A state of emergency shall last no longer than one month concurrently, unless renewed by the House within seven days prior to its expiration. The House may cancel a state of emergency at any time with a supermajority.
3. A state of emergency shall not be imposed less than six months after a prior state of emergency.
Section B: Emergency Powers
1. During a state of emergency, the Founder shall hold the power to take the following measures:
1.1. Appoint and dismiss members of the Federal Cabinet and other executive officials, excluding the Prime Minister;
1.2. Appoint and dismiss State leaders;
1.3. Sign or revoke treaties between the Union and other sovereign governments;
1.4. Temporarily take unilateral control over any military and intelligence agencies within the Union;
1.5. Temporarily prohibit the elevation of territories to state status and vice versa;
1.6. Temporarily prohibit the admission of new territories;
1.7. Temporarily prohibit the combination, disassociation, or dissolution of existing territories;
1.8. Call emergency elections for any elected office.
2. At the conclusion of a state of emergency, all temporary measures shall be canceled.