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The American Republic Constitution

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1The American Republic Constitution Empty The American Republic Constitution on Mon Oct 15, 2012 10:39 am

Christopher S.

Christopher S.
Administrator
Administrator
The Constitution of the American Republic


Preamble


We the People of the previously United States, in order to bring order to our nation, establish a more perfect government, bring justice to our lands, promote the interests of our nation at home and abroad, and bring about a new age of liberty and prosperity to the world, do ordain and establish this Constitution, and the government herein described, for the new Republic of America.

Article I
National Soveriegnty


Section I. America shall be an indivisible, unitary Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion.

Section II. Political parties and groups shall contribute to the exercise of suffrage. They shall be formed and carry on their activities freely. They shall respect the principles of national sovereignty, republicanism, submission to law and order, and constitutionalism.

Section III. The language of this Republic shall be English.

Article II
Legislative Power


Section I: The supreme legislative power shall be vested in a National Legislature, which shall consist of two branches: a House of Representatives, and a Senate.

Section II: All bureaucratic agencies and departments that are created for the purpose of administering legislation, shall be reviewed by the whole Congress, and must gain a majority vote in favor before it may be established.

Article III
House of Representatives


Section I: The members of the National House of Representatives shall be elected by the people of the Nation every two years for the term of two years. They shall have term limits of two consecutive terms, followed by a mandatory break of one term. After this break, they may restart the term/break process. The Representatives must be of the age of twenty-five years at least, and not been convicted of any felonious crime.

Section II: The members of the House shall be elected as follows: Each political party shall produce one list of candidates for the seats each Province is allocated to the House of Representatives. The People of each Province shall vote for one of these lists. The seats of the House shall then be apportioned according to the Sainte-Laguë method. The Sainte-Laguë method shall be defined as follows: (After all the votes have been tallied, successive quotients shall be calculated for each political party's list. The formula for the quotient shall be, Quotient = V/2s+1, where, "V" is the total number of votes that party received, and "s" is the number of seats that party has been allocated thus far, initially 0 for all parties. Whichever party has the highest quotient gets the next seat allocated, and their quotient is recalculated given their new seat total. The process shall be repeated until all seats have been allocated.) Any further regulations for party list representation, or voting restrictions and requirements, shall be made with the concurrence of two-thirds of both houses of legislature, the Prime Minister and the President.

Section III: The members of the House shall receive liberal stipends by which they may be compensated for the devotion of their time to public service.

Section IV: The number of representatives shall be in proportion to the number of citizens in the several provinces. However, there shall be at least one representative only for every 600,000 citizens. When vacancies happen in the Representation from any Province, the Governor thereof shall issue Writs of Election to fill such vacancies. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.

Section V: No member of the House shall be eligible if they have ever been an illegal entrant to the country; they must have had 7 years of being a citizen before they are eligible for the House. They must be a member of the province they are representing.

Article IV
The Senate


Section I: The members of the National Senate shall be elected for a term of ten years, with one-fifth up for election every two years; who shall not recieve any monetary compensation for their services to the Nation, and shall be at least thirty years of age, and who shall be ineligible for any offices under the Provincial governments, and whose number shall be equal to the number of Provinces in the Nation. They must be a resident of the region they are representing; they must be a citizen nine years and are ineligible if they are an illegal entrant.

Section II: The Senators shall be elected as follows: The Nation shall be split into 20 Electoral Regions, of equal area, which the House of Representatives shall establish by law. The Citizens in each Region shall choose three electors; but no Senator, or Representative, or person holding an office of trust or profit under the American Republic shall be appointed an elector.
The electors shall vote by ballot for two persons. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the President. The President shall, in the presence of the House of Representatives, open the certificate, and the votes shall be counted. The two persons having the greatest number of votes in their region shall be the Senators from their respective regions.

Section III: The Senate shall choose their President and other inferior officers.

Section IV: The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on Oath or Affirmation. When the President or Prime Minister of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the concurrence of two thirds of the members present. Judgement 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 the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Article V
Congressional Powers

Section I: Each branch of the National Legislature ought to possess the right of originating acts.

Section II: The National Legislature shall have the power to:
Negative and repeal all laws passed by the several Provinces;
To establish a national Code of Laws regarding the defining of crimes, and the punishments thereof, this code may only be changed through a two-thirds vote of both houses of Congress;
To 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;
To lay and collect taxes, duties, imposts and excises, in order to pay the debts and provide for the common defense and welfare of the American Republic, but all duties, imposts and excises shall be uniform throughout the Nation;
To borrow money on the credit of the American Republic;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the American Republic;
To coin and print money, regulate the Value thereof and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current money of the American Republic;
To provide for the Internal Development of the Nation’s roads, canals, rivers, and dams;
To set rules and provide for the building and maintaining of the National Highway system, which laws shall be enforced by the State Governors;
To regulate trade with foreign nations;
To regulate commerce within the Nation;
To make and collect a flat income tax, which shall apply to all citizens without any exemptions;
To call forth the full force of the Nation against any enemy foreign, and any Province, or group of Individuals, or any combination thereof, who fail to do their duty under the Articles of this Constitution;
To establish a postal service;
To declare war and grant Letters of Reprisal;
To raise and support a Military, but no appropriation of money to that use shall be for a longer term than two years;
To make rules for the government and regulation of the Military;
To have the power to institute inferior courts in each Province for the determination of all matters pertaining to the laws of the Nation;
To provide for organizing, arming, and disciplining, the Militia, reserving to the Provinces respectively the authority of training the Militia according to the discipline prescribed by Congress;
And to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section III: All laws made by Congress shall be applicable to all citizens of the American Republic, including members of the Government.

Section IV: The times, places and manner of holding Elections for Senators and Representatives, shall be prescribed in each Province by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.

Section V: Road travel on national highways will not be taxed by any means, whether it be by toll or anything else.

Section VI: Each House shall be the judge of its own elections and the qualifications of each member. Each house shall also keep a journal of its proceedings.

Article VI
Relations between Congress and the Administration


Section I. The Congress may call the Administration to account by passing a resolution of no-confidence. Such a resolution shall not be admissible unless it is signed by at least one tenth of the Members of the Congress. Voting may not take place within forty-eight hours after the resolution has been tabled. Solely votes cast in favour of the no-confidence resolution shall be counted and the latter shall not be passed unless it secures a majority of the Members of the Congress. Except as provided for in the following section, no Member shall sign more than three resolutions of no-confidence during a period of two weeks.

Section II. The Prime Minister may, after deliberation by the Administration, make the passing of a Finance Bill an issue of a vote of confidence before the Congress. In that event, the Bill shall be considered passed unless a resolution of no-confidence, tabled within forty-eight hours, is carried as provided for in the foregoing paragraph. In addition, the Prime Minister may use the said procedure for one other Administrative or Private Members’ Bill per week.

Section III. The Prime Minister, after deliberation by the Administrative Council, may make the Administration's programme or possibly a general policy statement an issue of a vote of confidence before the Congress.

Section IV. When the Congress passes a resolution of no-confidence, or when it fails to endorse the Administrative programme or general policy, the Prime Minister shall tender the resignation of the Administration to the Speaker of the House.

Section V. The Prime Minister and his lesser ministers may be compelled to appear before a joint session of Congress by a majority vote in favor. At this session, the members of Congress may question the Prime Minister and his lesser ministers about the current policy of the Administration. This questioning shall last for a period of no longer than three days or until the Speaker of the House dismisses them.

Section VI. If the Prime Minister or one of his lesser ministers refuse to come to the questioning, that person shall be tried for contempt of Congress. They shall be compelled to present themselves before the Senate, which shall sit in judgement of the minister. If they rule that the minister did not have sufficient cause to be excused from appearing before Congress, the minister shall be impeached and disqualified from holding any further office in the American Republic.

Article VII
Prime Minister and Administration


Section I. The Congress shall appoint a Prime Minister with the consent of a majority of both houses. The President shall declare the termination of the appointment of the Prime Minister when the latter tenders the resignation of the Administration.

Section II. The Prime Minister shall ensure due respect for this Constitution. Furthermore, he shall ensure the proper functioning of the public authorities, and the proper application of the National Laws. He shall also ensure the internal welfare of the Nation.

Section III. The Prime Minister shall be the head of the Administration, and shall appoint the other members of the Administration and terminate their appointments.

Section IV. The Prime Minister shall preside over the Administrative Council, which is made up of the lesser ministers in the Administration.

Section V. The Administrative Council, with the Prime Minister at its head, shall determine and conduct the policy of the National Government in accordance with the Laws of the Nation; introduce legislation to Congress; and ensure the uniform implementation of legislation throughout the Nation. It shall have at its disposal the civil service of the Nation.

Section VI. This Council shall have the power to commit any Bill, which is being discussed in the Congress, to the Administrative Council. They shall then propose amendments to the Bill, and vote upon a finished form. The Bill, in the form in which it is approved, shall be sent back to the Congress, which shall debate and vote upon the Bill in the form in which it was approved by the Administrative Council. If the bill does not pass, it shall be considered an automatic Vote-of-No-Confidence, which shall be treated in accordance with Section I of Article VI.

Section VII. The Prime Minister may delegate certain of his powers to lesser ministers.

Section VIII. All bills passed by the Congress must be signed by the Prime Minister before it shall become law. The Prime Minister shall have one week, not including Sundays, to sign or veto the bill. If the Prime Minister vetoes the bill, it shall be sent back to Congress where it may be repassed by a two-thirds vote of both houses. If the Prime Minister neither signs the bill nor vetoes it in one week of it reaching his desk, it shall be considered passed and shall be law in the Nation.

Section IX. He shall, once a year, give to the Congress Information of the State of the Republic, and lay out the general policy of the Administration. This may give rise to a debate and a vote. If the general policy is not approved, it shall be considered an automatic vote-of-no-confidence, and the Prime Minister shall tender his resignation to the President.

Article VIII
President


Section I. There shall be a Head of State, the President of the American Republic. He shall be referred to as either, "Mr. President", or, "the President of the Republic". He shall ensure that the best interests of our Nation are served abroad, and that our Nation shall not be torn by civil war.

Section II. The President shall hold his office for a term of four years, and shall be elected according to Section III of this Article.

Section III. The People of each province shall select two candidates per province. The House of Representatives shall choose half of these candidates to continue in the election process. The Senate shall choose two of these candidates to continue in the election process. Finally, these two individuals shall be voted upon by the People of America, and the winner of a two-thirds majority shall be declared the President. If a two-thirds majority cannot be gained, then the two remaining candidates shall be voted upon by the House of Representatives, and the winner shall be declared by a majority of votes.

Section IV. In case of the vacancy of the Presidency, the incapacitation of the President, or inability of the President to discharge his duties (which shall be decided by a two-thirds vote of the Congress), the powers and duties shall devolve temporarily upon the Prime Minister. An election shall be called within one month of the incapacitation of the President, and shall follow the procedures in Section III of this Article.

Section V. No person except a natural-born citizen, shall be eligible for the office of President. Nor shall any man who is not thirty-five years of age, or who has been convicted of a felonious crime, or who has been impeached from any political office in the previous United States, any single of the States, nor the American Republic, shall be eligible for the office of President.

Section VI. The President shall receive for his service to this Nation a monetary compensation. This compensation shall be equal to the compensation for the members of the House of Representatives. During his term, he shall not receive any other compensation from the American Republic nor any of its provinces.

Section VII. The President shall have the power to declare war with the advice and consent of the majority of the National Congress and the Prime Minister; he shall have the power to make and adopt treaties with the advice and consent of two-thirds of the Senate; he shall have the power to give executive orders, in order to enforce the law and/or protect the welfare of the Nation, to the Governors of the Provinces in a state of civil or foriegn war; he shall have the power to appoint and give orders to the lesser diplomats; he shall have the power to grant reprieves and pardons for offenses against the American Republic, except in cases of impeachment; he shall recieve Ambassadors and other foriegn ministers.

Section VIII. The President shall, from time to time, give to the Congress information on the State of the Globe, and recommend to their consideration such Measures as he shall judge necessary and expedient for Foriegn policy; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, however, the Congress shall sit as of right two months after the adjournment, nor may the President adjourn them more than once every four months.

Section IX. The President shall have the power to veto any bill which is passed by Congress but has not yet been signed into law by the Prime Minister. Congress may repass the bill with a two-thirds vote by both houses, but the bill shall still require the signature of the Prime Minister. The President may not veto a bill more than once.

Section X. The President shall have the power, with the advice and consent of the Senate and Prime Minister, to appoint Justices of the Supreme Court and the lesser National Courts.

Section XI. The President may, with the advice and consent of the Prime Minister and the Speaker of the House, declare the House of Representatives dissolved. A general election shall take place no fewer than one month and no more than one and a half months after the dissolution. The Congress shall sit as of right the day it is elected. No further dissolution shall take place within one year following said election.

Section XII. The President, and all magistrates and civil officers of the American Republic, shall be liable to impeachment for and conviction of treason, bribery, or any felonious crime or high misdemeanor. All impeachment charges shall be brought forward by the House of Representatives, and shall be tried by the Senate.

Article IX
Courts

Section I. The judicial Power of the United States, shall be vested in one Supreme Court, several provincial courts, and in such inferior courts as the Congress may 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 II. The judicial Power shall extend to all cases, in law and equity, arising under
this Constitution, the laws of the American Republic, and treaties made, or which
shall be made, by it; to all cases affecting ambassadors, other
public ministers and consuls; to controversies to which the American Republic shall be a Party and between American Citizens and foreign States, Citizens or Subjects.

Section III. In all cases affecting ambassadors, other public ministers and consuls, and
those in which the American Republic 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 Congress shall make.

Section IV. The trial of all crimes, except in cases of impeachment, shall be by jury; and
such trial shall be held in the Province where the said crimes shall have been
committed; but when not committed within any Province, the trial shall be at such
place or places as the Congress may by law have directed.

Section III. Treason against the American Republic shall consist only in levying war against
them, or in adhering to their enemies, giving them aid or 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.

Section IV. The Congress 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.

Section V. The previous local and state courts shall become provincial courts. However, the state supreme courts shall be dissolved.

Article X
Provinces


Section I. The previous states of the United States shall be provinces of the Republic. Their previous sovereignty shall be given to the Republic and the People respectively.

Section II. All the legislative powers given to the Provinces shall be vested in their own Legislature.

Section III. The Provincial Legislatures shall have the power to lay and collect taxes;
Provide for the training and arming of their Militia, according to the direction of the National Congress;
To establish Laws regarding the defining of crimes, and the punishments thereof, not withstanding the Laws of the National Congress to the contrary;
To provide for the Internal Development of the Nation’s roads, canals, rivers, and dams, not withstanding the Laws of the National Congress to the contrary;
To regulate commerce within their borders, not withstanding laws and statutes of the Nation to the contrary;
To make all laws which shall be proper for carrying into execution the foregoing powers, and to enforce the Laws of Congress;
And any other powers vested in them by Congress.

Section IV. The Provincial Governors shall be careful to enforce the laws of the several Provinces and the laws of the Nation.

Section V. The Provinces may make or keep constitutions which shall further define the structure of their government, and their powers, notwithstanding the Laws of the National Congress and this Constitution to the contrary.

Section VI. The Congress shall have the power to make provinces and establish or change their boundaries, by a two-thirds vote in favor.

Article XI
Constitutional and Governmental Authority


Section I. All Laws made by the National Government in pursuance of the Constitution is Sovereign over all the Nation.

Section II. All officers, magistrates, and officials under the National Government and under the Provincial Governments, shall be bound by oath to support the Constitution and to remain loyal to the National Government which it institutes. All Magistrates under the National Government shall be liable to impeachment for malicious and corrupt conduct, and upon conviction to be removed from office and disqualified from holding any place of trust or profit in the National and Provincial governments. All impeachments shall be tried by the National Senate.

Section III. This Constitution may be amended by a three-fourths vote by the Congress. The Congress shall also have the power to call a Constitutional Convention with a three-fourths vote. This Convention shall have the power to bring forth any amendments to the Constitution, which it deems necessary, to the National Congress. The Congress shall then decide to adopt or reject the amendments with a three-fourths vote in favor.

Section IV. This National Government shall not be dissolved by the Provinces, Citizens, itself, nor any combination thereof, except through the instituting of an Amendment of Dissolution, which shall be passed in the same way any other amendment to this Constitution is passed.

Bill of Rights


I

Congress 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.
II

The right of the people to keep and bear arms, and the right of the National Government to arm its citizens, shall not be infringed.
III

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.
IV

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.
V

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.
VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the Province and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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 ask the assistance of counsel for his defence.
VII

In suits at common law, where the value in controversy shall exceed one-thousand dollars, 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 American Republic, than according to the rules of the common law.
VIII

Excessive bail shall not be required, nor excessive fines imposed.
IX

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, or in pursuance of conscription for the Military, shall exist within the American Republic, or any place subject to its jurisdiction.
X

The right of citizens of the American Republic to vote shall not be denied or abridged on account of race, color, previous nationality, or religion.
XI

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
XII

The powers not delegated to the American Republic by this Constitution, are reserved to the people.

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