Proposed Constitution of Vivaldia
The Proposed Constitution of Vivaldia
ARTICLE 1
Section 1. Composition of the Parliament
The legislative branch of the Republic of Vivaldia shall be composed of the parliament, which shall consist of an upper house, called the Federal Council, and a lower house, called the National Assembly.
Section 2. The Federal Council
(1) The members of the Federal Council shall be called Councilors
(2) There shall be two councilors representing each canton
(3) The Councilors in each canton shall be elected by a majority of citizens of the canton
(4) The Federal Council shall have the power to review all legislation passed by the National Assembly, and may reject it by a 3/5 vote.
(6) The Federal Council shall have the power to ratify or reject treaties signed by the Prime Minister.
(7) All nominations to cabinet positions must be confirmed by the Federal Council
(8) The term of office for Councilors shall be 8 months. 1/2 of the
Councilors' first term shall be four months so that only 1/2 of the members shall be up for election at one time. When dissolution occurs, Councilors shall be unaffected.
(10)The Federal Council shall elect the President Pro Tempore, who shall preside over their precedings in the absence of the Lieutenant Governor-General, except in the case of an impeachment trial, where the Grand Justice shall preside.
Section 3. The National Assembly
(1) The members of the National Assembly shall be called Assemblymen.
(2) For every three citizens counted in the census, there shall be one Assemblyman.
(3) For the number of seats designated as open by the census, one-half shall be chosen by the cantons, which shall be apportioned based upon population
(4) The other half of the seats shall be chosen by Direct National
Election, where each citizen shall vote for the number of candidates which are allowed to have seats by this method. (i.e. if there are 8, then they shall vote for 8 candidates) They shall rank them in the order of their choice, and then the ranks received for each candidate shall be averaged to
get their final rank. Each ballot in which a candidate is not included shall be included in the average as a zero.
(6) The National Assembly shall elect a Speaker by a majority vote. Other officers are to be appointed or elected in accordance with Assembly rules.The Speaker shall be the presiding officer of the Assembly.
Section 4. Parliamentary Powers, Restrictions, and Restrictions of the Cantons
(1) Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of each 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 each House may provide.
(2) Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.
(3) The members of Parliament shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of Vivaldia. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in
any other Place.
(4) No Councilor or Assemblyman shall during the Time for which he was elected, be appointed to any civil Office under the Authority of Vivaldia, which shall have been created, or the Emoluments whereof shall have been increased during such time. They may serve in Canton Legislatures, local
assemblies, and as mayor or other local official, but not as Premier or Governor of any Canton.
(5) All Bills for raising Revenue or to make laws shall originate in the National Assembly
(6) The Parliament shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of Vivaldia; but all Duties, Imposts and Excises shall be uniform throughout Vivaldia;
(7) The Parliament shall have the power To borrow Money on the credit of Vivaldia;
(8) The Parliament shall have the power To regulate Commerce with foreign Nations, and among the several Cantons;
(9) The Parliament shall establish uniform Rules of Naturalization, and uniform Laws on the subject of Bankruptcies throughout Vivaldia;
(10) The Parliament shall coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
(11) The Parliament shall provide for the Punishment of counterfeiting the Securities and current Coin of Vivaldia;
(12) The Parliament shall establish Post Offices and post Roads;
(13) The Parliament shall promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
(14) The Parliament shall define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
(15) The Parliament shall declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
(16) The Parliament shall raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
(17) The National Assembly shall provide and maintain a Navy;
(18) The National Assembly shall make Rules for the Government and Regulation of the land and naval Forces;
(19) The Parliament shall provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
(20) The Parliament shall exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular cantons, and the Acceptance of Parliment, become the Seat of the Government of Vivaldia, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards, and other needful Buildings;--And
(21) The Parliament shall 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 Vivaldia, or in any Department or Officer thereof.
(22) The Parliament shall make laws necessary for the survival of the Republic.
(23) The Privilege of the Writ of Habeas Corpus shall not be suspended,unless when in Cases of Rebellion or Invasion the public Safety may require it.
(24) No Bill of Attainder or ex post facto Law shall be passed.
(25) No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed to be taken.
(26) No Tax or Duty shall be laid on Articles exported from any Canton.
(27) No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one Canton over those of another: nor shall Vessels bound to, or from, one Canton, be obliged to enter, clear, or pay Duties in another.
(28) No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
(29) No Title of Nobility shall be granted by Vivaldia: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Parliment, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State, unless they hold citizenship in that nation.
(30) No Canton shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
(31) No Canton shall, without the Consent of the Parliament, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any Canton on Imports or Exports, shall be for the Use of the Treasury of Vivaldia; and all such Laws shall be subject to
the Revision and Control of the Parliament.
(32) No Canton shall, without the Consent of Parliament, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Article 2
Section 1. Head of State
(1) The powers of the state shall be vested in the office of the
Governor-General of the Republic.
(2) The Governor-General shall be assisted by the Lieutenant
Governor-General.
(3) The Governor-General and the Lieutenant Governor-General shall be elected together on a ticket by a majority of votes in a National Election.
(4) If no ticket receives a majority vote, then a run-off shall be
scheduled by the Elections Commission. Only the top two tickets shall be in the run-off.
(5) The Governor-General shall have control over the website, the forum, and over the mailing list.
(6) The Governor-General shall be responsible for conducting a census before each Parliamentary Election.
(7) The Governor-General shall greet each new citizen, and shall advertise the Republic, with the responsibility of bringing in at least 5 new citizens per month.
(8) In the event that an at-large seat becomes vacant in the National Assembly, the Governor-General shall appoint someone to fill that seat.
(9) The Governor-General shall appoint a Territorial Administrator for each of the territories.
(10)Based upon the Prime Minister's reccomendation, the Governor-General shall officially appoint all members of the federal judiciary.
(11)The Governor-General shall be required to sign all legislation which has been approved by the legislative branch; he shall be allowed to veto the proposal, but his veto may be overriden by a 3/5 vote in the Federal Council, or a 3/5 vote in the Assembly.
(12)The Governor-General shall officially appoint the Prime Minister upon the reccomendation of the Parliament.
(13)Once a quarter, the Governor-General shall issue a State of the Union address, outlining the accomplishments and goals of the State.
(14)The Lieutenant Governor-General shall fill the position of the
Governor-General should that position become vacant.
(15)The Lieutenant Governor-General shall preside over the Federal Council, and shall vote only when they be equally divided.
(16)The Lieutenant Governor-General shall assist the Governor-General in all necessary matters.
(17)No person shall simultaneously serve as Governor-General and in any other National Office or Governorship/Premiership of a Canton.
(18)The Lieutenant Governor-General shall not be allowed to serve in the Parliament while serving as Governor-General.
(19)The Governor-General shall dissolve the Parliament upon the signature of the Speaker of the Assembly and the President Pro Tempore of the Council verifying that the Parliament no longer believes that there is a viable government. This dissolution by the Governor-General shall cause new Parliamentary elections to occur.
(20)The Governor-General shall dissolve the Parliament upon the signature of the Speaker of the Assembly verifying that 2/3 of the Assembly believe that the current government is no longer viable. Such dissolution by the Governor-General shall cause new Parliamentary elections to occur.
(21)The Governor-General shall dissolve the Parliament upon the signature of the Prime Minister verifying that he believes that his government is viable and elections will strengthen the government. Such dissolution by the Governor-General shall cause new Parliamentary elections to occur. The
Governor-General has the power to reject such a petition.
Section 2. The Head of Government
(1) The Prime Minister shall be the Head of Government of the Republic of Vivaldia.
(2) The Prime Minister shall be a member of the National Assembly.
(3 The Prime Minister shall have the right to control the agenda of the National Assembly.
(4)The Prime Minister shall submit a budget to the Parliament once each fiscal year.
(5)The Prime Minister shall appoint the cabinet with the consent of the Federal Council.
(6)The Prime Minister, the Speaker of the Assembly, and the President Pro Tempore of the Council shall sign all legislation passed by the parliament to verify its passage before it can go to the Governor-General for his official signature.
(7 The Prime Minister shall be responsible for all foreign affairs.
(8)The Prime Minister shall have the power to petition to the
Governor-General that a join-veto be signed. If the petition is agreed to by the Governor-General, then the joint-veto can only be overriden by a 2/3 vote in both houses of the Parliament.
(9)The Prime Minister shall be the leader of the Majority Coalition/Party in the Assembly.
Section 3. The Loyal Opposition
(1) The parties which are not in the Prime Minister's coalition shall for the Loyal Opposition.
(2) The Loyal Opposition shall elect a person to be the Loyal Opposition Leader.
(3) If the Prime Minister prevents a measure from coming to the floor of the Assembly, the Loyal Opposition Leader can force a vote by getting the signatures of 1/3 of the members of the Assembly, including more than one of the members of the Prime Minister's coalition.
(4) The Loyal Opposition Leader shall appoint the Opposition's members of the various Assembly committees.
Section 4. The Cabinet
(1) The Prime Minister shall appoint the Cabinet of the Republic with the consent of the Council.
(2) The Prime Minister can appoint himself to head any ministry,
department, bureau, or commission in the cabinet.
(3) At least 1/2 of the Cabinet must be members of the Assembly
(4) Cabinet Members shall be permitted to hold multiple portfolios.
(5) The members of the cabinet shall choose a Deputy Prime Minister from among themselves.
(6) The Prime Minister may remove a cabinet member at-will.
Section 5. The Elections Commission
(1) There shall be two elections commissioners elected nationally on non-partisan tickets. Regardless of the number of candidates, the top two shall be elected.
(2) The Governor-General shall conduct the election of the Elections Commissioners.
(3) The elections commissioners shall serve 1 year terms, and shall never be up for election at the same time as the Governor-General or the Parliament.
(4) The elections commissioners shall conduct all other elections.
(5) Elections Commissioners shall not serve in any other political office, including but not limited to: canton legislatures, the National Parliament, the Executive Branch, or Governor/Premierships of Cantons.
(6) The Governor-General shall send each citizen a voter registration number to all citizens who complete a census. These numbers shall change for each election.
(7) The citizens shall go to the elections website and submit a form which contains their verification number. All votes shall be submitted in that format.
(8) The elections commissioners shall each seperately receive the votes posted by the citizens.
(9) The Governor-General will supply the elections commissioners with the valid voter ID numbers so that the commissioners can validate all votes.
(10)Each commissioner shall post on the public forum, the results of the elections including the number of votes for each proposal/candidate, the total number of voters who voted, the percentages of the vote received, and the outcome of each race/referendum (i.e. Winner/Loser, Pass/Fail, or run-off)
Section 6. Impeachment
(1) The National Assembly shall have hte power, by a majority vote to impeach any member of the Cabinet, the Prime Minister, the Governor-General, and the Lieutenant Governor-General for High Crimes and Misdemeanors.
(2) All impeachments shlall be tried by the Federal Council, and by a 2/3 vote, they may remove the impeached person from office.
(3) When the Governor-General or Prime Minister has been impeached, the Grand Justice shall preside.
Section 7
(1) At the same time that the National Assembly is Elected, there shall be held an election for Prime Minister.
(2) Candidates for Prime Minister must also be candidates for the
National Assembly.
(3) Whoever receives the most votes shall be elected Prime Minister.
(4) The Prime Minister must within two weeks of his election get a
majority of the Assembly to pledge support for his government. If he fails to do this a new election must be held.
Section 7. Election of the Prime Minister
(1) At the same time that the National Assembly is Elected, there shall be held an election for Prime Minister.
(2) Candidates for Prime Minister must also be candidates for the
National Assembly.
(3) Whoever receives the most votes shall be elected Prime Minister.
(4) The Prime Minister must within two weeks of his election get a
majority of the Assembly to pledge support for his government. If he fails to do this a new election must be held.
Article. 3
Section. 1.
The judicial Power of Vivaldia, shall be vested in one supreme Court, and in such inferior Courts as the Parliment may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their
Continuance in Office.
Section. 2.
Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of Vivaldia, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which Vivaldia shall be a
Party;--to Controversies between two or more Cantons;--between a Canton and Citizens of another Canton; --between Citizens of different Cantons, --between Citizens of the same Canton claiming Lands under Grants of different Canton, and between a Canton, or the Citizens thereof, and foreign States, Citizens or Subjects.
Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a Province shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Parliment
shall make. The one exception thereto shall be when no other federal court has been constituted.
Clause 3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any Canton, the Trial shall be at such Place or Places as the Parliment may by Law have
directed.
Section. 3.
Clause 1: Treason against Vivaldia, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
Clause 2: The Parliment shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article 4
Section. 1.
Full Faith and Credit shall be given in each Canton to the public Acts, Records, and judicial Proceedings of every other Canton. And the Parliment may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2.
Clause 1: The Citizens of each Canton shall be entitled to all Privileges and Immunities of Citizens in the several Cantons.
Clause 2: A Person charged in any Canton with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another Canton, shall on Demand of the executive Authority of the Canton from which he fled, be delivered up, to be removed to the Canton having Jurisdiction of the Crime.
Section. 3.
Clause 1: New Cantons may be admitted by the Parliment into this Union; but no new Canton shall be formed or erected within the Jurisdiction of any other Canton; nor any Canton be formed by the Junction of two or more Cantons, or Parts of Cantons, without the Consent of the Legislatures of the Cantons concerned as well as of the Parliment.
Clause 2: The Parliment shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to Vivaldia; and nothing in this Constitution shall be so construed as to Prejudice any Claims of Vivaldia, or of any particular Canton.
Section. 4.
Vivaldia shall guarantee to every Canton in this Republic a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Article 5
The Parliment, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the votes of three fifths of the people, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by a majority of the citizens of Vivaldia;
Article 6
The Ratification by a Majority Vote of the People shall be sufficient for the Establishment of this Constitution.
Article 7
The Parliment shall have the authority to pass laws and regulations relating to Simulations Control.
Article 8
Section One, The Government shall not establish a state religion, neither shall it discriminate against anyone on the basis of religion, or require a religious test for office, but the parliment shall not prohibit the free excersise of religion in any way.
Section Two, The Government shall make no law abridging freedom of political speech, or of the press, or the right of the people to assemble peacably.
Section Three, A well-regulated, and well-armed milita being absolutely necessary to the security of a free state, the right of the milita or of individuals to keep and bear arms shall not be abridged.
Section Four, 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 prescribed by law.
Section, Five, 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 be issued, 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.
Section Six, 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 offence 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.
Section Seven, 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 defence.
Section Eight, In Suits at common law, where the value in controversy shall exceed ^100, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the Republic of Vivaldia, than according to the rules of the common law.
Section Nine, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Section Ten, Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the Republic of Vivaldia, or any place subject to their jurisdiction.
Section Eleven, The right of citizens of the Republic of Vivaldia to vote shall not be denied or abridged by the Republic of Vivaldia on account of color, sex, or creed.
Resolved, That provisions relating to the Federal Council shall not be in effect until the population of Vivaldia reaches 100 citizens.
Signed,
Adam Graham,
Chairman and Prime Minister of Vivaldian Constitutional Convention
Jeremy Groghan
Richard Pond
Extraneous Issue 1
Section 1, All human beings in the Republic of Vivaldia shall
be guaranteed a Constitutional right to life.
Section 2, Therefore abortion shall be illegal except if the pregnancy resulted from rape or incest, or if the procedure is required to save the life of the mother.
Section 3, Also, The practice of infanticide is hereby banned.
Section 4, Also, The practice of euthanasia is hereby banned.
Section 5, No woman shall be punished by the federal government nor any canton's government for procurring an abortion.
Extraneous Issue 2
Section 1, Marriage is a God-ordained institution between one man and one woman and shall be treated such by the federal government and the Governments of the Cantons of Vivaldia.
Section 2, Therefore the practices of same sex marriage and polygamy are hereby banned and shall not be condoned by the federal government nor the Government of the cantons.
Extraneous Issue 3
The powers not delegated to the Republic of Vivaldia by the Constitution, nor prohibited by it to the cantons, are reserved to the cantons respectively, or to the people.
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