Constitution of the Detectatian Federal Republic
The Constitution of the Detectatian Federal Republicis the supreme law of Detectatia. Comprised of nine sections and 82 articles, the constitution defines the criteria for citizenship and the rights of citizens; entrenches the territorial boundaries of Detectatia at the constitution's writing; and establishes the basic organs of government, including the Detectatian Vox, the President of Detectatia, and the High Court of Detectatia, Written and ratified as a result of the Constitutional Crisis of 1557, the constitution did not, in effect, actually establish a new state--rather, the constitution was ultimately purposed to make some changes to increase the democratic nature of the Detectatian government (such as the federalization of the country), but more importantly create a single document which would define the government and its boundaries while still maintaining a sense of continuity to the Republic.
Full text
Preamble
WE, the representatives of the people of Detectatia, for the purposes of establishing a more stable, democratic government, grounding such an establishment upon the foundation of a supreme constitution, ensuring the representation of all peoples in their government, and protecting and affirming the highest degree of liberty and happiness for the Detectatian people, hereby enact this constitution.
NOW, therefore, the people of Detectatia are hereby united into the Detectatian Federal Republic, and the present constitution is hereby the Federal Republic's most supreme and basic law.
Section I
ARTICLE 1
All citizens of the Republic of Detectatia shall henceforth be citizens of the Federal Republic.
ARTICLE 2
All persons born on territory constituting, or otherwise being a part of, the Federal Republic, shall be considered citizens of the Federal Republic.
All persons born to citizens of the Federal Republic shall be considered citizens of the Federal Republic.
The Detectatian Vox shall establish a naturalization process whereby foreign persons may expediently become naturalized as citizens if they do not meet the above criteria for citizenship.
Citizenship of the Federal Republic shall not preclude citizenship of another state, territory, nation, or other political entity.
ARTICLE 3
The Detectatian Vox shall establish a system whereby foreign persons may visit or reside in the Federal Republic for periods of time without citizenship. All persons who make use of this system shall be guaranteed the opportunity to become naturalized as citizens.
Section II
ARTICLE 4
It is the opinion of we the representatives of the Detectatian people that all persons possess by birth the inalienable and natural rights to live, to hold property, to be free from coercion, to be free in thought and in opinion, and to defend themselves against harm, among numerous others. Let the following articles be considered corollaries to and extensions of these natural rights.
ARTICLE 5
No person within the Federal Republic shall be held in slavery or any other form of coerced servitude. The slave trade and all of its variants is a perversion of the natural rights of humanity, and is thus abolished.
ARTICLE 6
All persons shall be treated equally before the law and be given its full protection.
ARTICLE 7
No person shall be subject to search, seizure of property, or arrest unless carried out by a peace officer of the Federal Republic and in accordance with a warrant issued by a judge in open court due to probable cause being found for said action.
ARTICLE 8
All persons accused of a crime have the right to an expedient and public trial before an impartial jury of their peers, and shall be innocent until proven guilty beyond a reasonable doubt by said jury.
ARTICLE 9
No person shall be subject to cruel or in any manner unusual punishment.
ARTICLE 10
No person shall be made to serve in the Detectatian Armed Forces against his or her will. Conscription is hereby considered a form of slavery, and is thus abolished.
ARTICLE 11
All persons have the right to freely express themselves in any form that does not use coercion over any other person--including but not limited to, speech, art, assembly, petition, and press--and the right to not exercise this right.
ARTICLE 12
All persons have the right to freely practice any religious, philosophical, or spiritual teachings or practices that do not use coercion over any other person, and the right to not exercise this right.
ARTICLE 13
All persons have the right to petition their government in any form that does not use coercion over any other person, and the right to not exercise this right.
ARTICLE 14
All citizens have the right to freely move throughout the Federal Republic and to leave it and to return to it at any time.
All foreign persons shall have the similar right, excepting such restrictions made by the Vox in accordance with Articles 2 and 3.
ARTICLE 15
All citizens who have attained the age of seventeen (17) years have the right to vote in elections, and the right to not exercise this right.
ARTICLE 16
All citizens who have attained the age of 17 years have the right to stand for election to any government office, and the right to not exercise this right.
ARTICLE 17
All citizens who have attained the age of 17 years have the right to renounce their citizenship at any time and for any reason. Such citizens will lose all rights as well as all responsibilities associated with citizenship.
Excepting special circumstances as determined by the Vox, persons who have renounced their citizenship shall be prohibited from regaining citizenship.
ARTICLE 18
All citizens who have attained the age of 17 years shall have the responsibilities of paying any and all applicable taxes on all levels of government--municipal, provincial, and federal--as well as of serving on a jury if summoned to do so, excepting circumstances to be determined by law.
Section III
ARTICLE 19
The territory of the Federal Republic shall consist of provinces, territories, and the special Federal District of Trestone, which shall serve as the capital of the Federal Republic henceforth and forevermore.
ARTICLE 20
The provinces of Federal Republic shall, at the enactment of this constitution, consist of the twenty-four (24) provinces with representatives in attendance of the 153rd Detectatian Vox's Joint Session on Government Reform. They are: Antidux, Ayand, The Bend, Castle Plains, Corlo, Divisor, Eastmoth, Filosof, Goldripat, Hidlye, Juule, Lut, Midlagrana, Motendahuert, North Costraught, Piper's Bay, Plaintifos, Potratia, Sloperoot, South Costraught, Uni, Valeland, Western Woodlands, and Westmoth.
ARTICLE 21
At the enactment of this constitution, no land of which the Federal Republic consists of shall be considered a territory, except for the special territory of the Federal District of Trestone.
This declaration does not preclude the addition of territories to the Federal Republic as outlined in Article 25.
ARTICLE 22
The Federal Republic may accept new provinces into its number, with no upper boundary.
New provinces may be established on unincorporated land, or on land incorporated as either a territory or an existing province, provided evidence of the existing province's government concurring with such establishment may be shown.
ARTICLE 23
Any amount of land with at least one hundred twenty-five thousand (125,000) inhabitants and an established provisional government may petition the Detectatian Vox to be incorporated into the Federal Republic as a province.
Such petition must include a name for the prospective province, a constitution for the prospective province concurred in by at least two-thirds (2/3) of its population, and evidence of a desire to be incorporated into the Federal Republic as a province concurred in by at least 2/3 of the population.
The Detectatian Vox will deliberate all petitions for provincial incorporation.
A prospective province's petition for incorporation shall be approved upon concurrence of at least 2/3 of the Detectatian Vox and the assent of the President of Detectatia.
ARTICLE 24
All provinces which are incorporated into the Federal Republic shall remain so hence from the date of their incorporation and forevermore.
ARTICLE 25
The Federal Republic may accept territories into its jurisdiction, with no upper boundary.
New territories must be established on land unincorporated into the Federal Republic, and cannot be established on land from an existing province.
ARTICLE 26
Any amount of land with any number of inhabitants may petition the Detectatian Vox to be incorporated into the Federal Republic as a territory.
Such petition must include a name for the prospective territory and evidence of a desire to be incorporated into the Federal Republic as a territory concurred in by at least three-fifths (3/5) of the population.
The Detectatian Vox will deliberate all petitions for territorial incorporation.
A prospective territory's petition for incorporation shall be approved upon concurrence of at least 2/3 of the Detectatian Vox and the assent of the President.
ARTICLE 27
Territories may be dissolved upon concurrence of at least 2/3 of the territory's population, concurrence of at least 2/3 of the Detectatian Vox, and the assent of the President.
In accordance with Article 22, status as a territory does not preclude a territory from achieving provincehood.
Section IV
ARTICLE 28
All provinces and territories (including the Federal District of Trestone) have the right to protection from enemies, both foreign and domestic.
ARTICLE 29
All provinces and territories (including the Federal District) have the right to be represented in the Detectatian Senate by at least one (1) senator or exactly 1 senator, respectively.
ARTICLE 30
All citizens of provinces and territories (including the Federal District) shall be considered citizens of the Federal Republic, with all attendant rights and responsibilities.
ARTICLE 31
All territories (excluding the Federal District) have the right to, and shall have, a Governor, who shall be appointed by the President and shall maintain the peace and administer any and all federal laws, including the collection of federal taxes.
ARTICLE 32
The Federal District of Trestone has the right to an independent, elected government, which shall consist of a Mayor, a District Council, and a court system consisting of any and all federal courts in the District, including the High Court of Detectatia.
ARTICLE 33
The Federal District of Trestone has the right to be represented by 1 non-voting delegate in the Provincial Assembly of Detectatia.
ARTICLE 34
All provinces have the right to be represented by two (2) assemblymen or assemblywomen or assemblypeople in the Provincial Assembly.
ARTICLE 35
All provinces have the right to adopt any constitution establishing any form of elected, representative government, with the requirements that the government must have an elected legislative body, a head of government known as a Selectman or Selectwoman or Selectperson, and a provincial court system including a supreme court.
ARTICLE 36
All provinces have the right to create and enact laws, with the requirements that no provincial law may contradict federal law, and no provincial law may violate this constitution.
ARTICLE 37
All provinces have the right to levy provincial taxes, with the exception that no tariffs may be placed on goods from another state, province, or territory.
ARTICLE 38
No province or territory (including the Federal District) may directly declare war on another state, province, or territory.
ARTICLE 39
No province or territory (including the Federal District) may directly regulate or restrict trade with another state, province, or territory.
ARTICLE 40
No province or territory (including the Federal District) may restrict the movements of any person, except in circumstances provided for by law and in accordance with Articles 2 and 3.
ARTICLE 41
No province or the Federal District or territories that do not meet the criteria laid out in Article 27 may secede from the Federal Republic. All provinces and territories that secede shall be considered in a state of rebellion and subject to martial law.
ARTICLE 42
No province or territory (including the Federal District) may raise a military or armed force not for the sole purpose of maintaining the peace and administering law. All provinces and territories in violation of this requirement shall be considered in a state of rebellion and subject to martial law.
ARTICLE 43
All provinces and territories (including the Federal District) must adhere to all federal laws and those laid out in this constitution.
ARTICLE 44
All provinces, territories (including the Federal District), and their citizens must submit to all federal taxes imposed on them.
ARTICLE 45
All provinces, territories (including the Federal District) must extradite accused persons to the jurisdiction in which the alleged crime took place.
Section V
ARTICLE 46
All legislative powers are hereby invested in a federal legislature, which shall be known as the Detectatian Vox.
The Vox shall consist of 2 houses, which shall be known as the Detectatian Senate and the Provincial Assembly of Detectatia.
ARTICLE 47
The Vox shall be elected in its entirety by the citizens of the Federal Republic every three (3) years.
The old Vox shall be dissolved by the President of Detectatia not more than 1 week after his or her inauguration, and the new Vox shall be convened by the President on the same day as the old's dissolution.
ARTICLE 48
The Senate shall consist of 1 senator representing each federal legislative district of 125,000 people, 1 senator representing the Federal District of Trestone, and 1 senator representing each territory.
The whole of the Senate shall, at the enacting of this constitution, be six hundred forty (640), and adjusted per the population of the Federal Republic, which shall be found via census every ten (10) years, beginning in the year one thousand five hundred sixty (1560).
ARTICLE 49
Any citizen of the Federal Republic may stand for election to the Senate if they have attained the age of 17 years.
The salary of a senator shall, at the enacting of this constitution, be one hundred fifty thousand (150,000) Detectatian notes, indexed to inflation and adjusted accordingly and with regularity.
ARTICLE 50
The Senate shall elect from among its numbers a Tribune of the Detectatian Senate, whose duties shall be to lead the Senate; to preside over its meetings; and to hire or appoint persons to staff its secretariat.
ARTICLE 51
The Provincial Assembly shall consist of 2 assemblypeople from each province and 1 delegate from the Federal District who shall have all powers and privileges of an assemblyperson, except the ability to vote.
The whole of the Provincial Assembly shall, at the enacting of this constitution, be forty-eight (48) assemblypeople, and adjusted per the number of provinces in the Federal Republic immediately as it changes.
ARTICLE 52
Any citizen of the Federal Republic may stand for election to the Provincial Assembly if they have attained the age of 17 years.
The salary of an assemblyperson shall, at the enacting of this constitution, be two hundred thousand (200,000) Detectatian notes, indexed to inflation and adjusted accordingly and with regularity.
ARTICLE 53
The Provincial Assembly shall elect from among its numbers a Presiding Officer of the Provincial Assembly of Detectatia, whose duties shall be to lead the Provincial Assembly; preside over its meetings; and to hire or appoint persons to staff its secretariat.
ARTICLE 54
All members of the Vox shall have immunity from search, seizure of property, or arrest, during their attendance of a plenary meeting of his or her house.
ARTICLE 55
Both houses of the Vox shall be endowed with the power of legislative initiative.
ARTICLE 56
The Vox shall be endowed with the power to levy taxes; establish and alter a federal budget; raise a military or armed forces; make federal laws; define federal crimes and establish penalties for them; buy and sell federal property; print and mint currency; borrow monies on behalf of the Federal Republic; establish and maintain beneficial federal infrastructure and programs, including, but not limited to, interprovincial roads, interprovincial rail, and a national postal service; allocate federal funding to provincial governments and programs; create federal standards for education; regulate trade; regulate practices relating to employment and the environment; and create laws in order to secure the rights of creative workers--including, but not limited to, artists, writers, scientists, and inventors--to the fruits of their labor.
ARTICLE 57
The Vox shall have the special power to dismiss a member and discharge him or her of his or her service on the grounds that the member has either been convicted of a serious crime, or has committed gross and chronic misconduct in the legislative chambers.
At least 2/3 of each house of the Vox must concur in the decision to eject a member, as well as receive the assent of the President.
ARTICLE 58
The Vox shall have the special and sole power to dismiss the President and discharge him or her of his or her service by way of a resolution of no confidence.
At least 2/3 of each house of the Vox must concur in the resolution in order to pass.
All members of the Vox must be present and voting in order for passage to be valid, excepting dire circumstances under which a member has received permission from the Tribune or the Presiding Officer to be absent.
Upon passage of a resolution of no confidence, the President and his or her Board of Directors shall be considered immediately dismissed, and the Higher Justice of the High Court of Detectatia shall become President pro tempore of Detectatia.
The President pro tempore must administer an emergency Presidential election not more than 1 month after the date of the resolution of no confidence's passage.
The President pro tempore shall be endowed with no executive powers not expressly granted to him or her by the Vox, excepting such powers necessary to expediently administer an emergency election and immediately defend the Federal Republic from threats both foreign and domestic.
Upon election, the President-elect shall become the new President upon meeting the requirements outlined in Article 64.
A President elected as a result of an emergency election shall only serve for the remainder of the dismissed President's term before a regular election shall be held.
ARTICLE 59
The Senate shall have the sole power to initiate legislation establishing or altering the federal budget.
ARTICLE 60
The Senate shall have the sole power to initiate a resolution of no confidence.
ARTICLE 61 The Senate shall have the sole power to ratify any and all treaties signed by the President by way of a simple majority.
ARTICLE 62
The Senate shall have the sole power to confirm all appointments by the President to the High Court by way of a 2/3 majority.
ARTICLE 63 Both houses of the Vox shall establish their own rules of order and procedure to most effectively conduct day-to-day business.
Section VI
ARTICLE 64
All executive powers are hereby invested in a President of Detectatia and his or her Board of Directors, which shall be purposed to assist him or her in the execution of all federal laws and matters of state.
ARTICLE 65
The President shall be elected directly every 3 years concurrently with the Vox.
The President-elect shall be inaugurated not more than 1 week after his or her election by taking the oath of office in the presence of the Higher Justice of the High Court of Detectatia, which is as follows: I, [NAME], shall execute the responsibilities of President of Detectatia to the best of my abilities, uphold and respect the trust invested in me by the Detectatian people, and uphold and defend the constitution of the Federal Republic. This I solemnly declare.
ARTICLE 66
Any citizen of the Federal Republic may stand for election to the office of President if they have attained the age of 17 years.
The salary of the President shall, at the enacting of this constitution, shall be three hundred thousand (300,000) Detectatian notes, indexed to inflation and adjusted accordingly and with regularity.
ARTICLE 67
The President shall be commander-in-chief of the Detectatian Armed Forces.
ARTICLE 68
The President shall be the head of state and government as the symbolic leader of the Federal Republic.
ARTICLE 69
The President shall have the power to establish diplomatic missions, appoint diplomats, conduct foreign affairs generally, and sign treaties to be ratified by the Senate.
ARTICLE 70
The President must give his or her assent or dissent with all acts passed by the Vox within 1 week of the law's passage.
If the President assents to an act, he or she shall sign it, and the act in question shall become law.
If the President is in dissent with an act, he or she shall indicate to the Vox his or her reasons for dissent, and the act in question shall not become law.
If the President neither indicates assent nor dissent to an act within 1 week of its passage, the act in question shall become law.
The Vox may override the President's dissent with an act by at least a 3/5 majority in both houses, in which case the act in question shall become law.
ARTICLE 71
The President must, not less than once every month, appear before the Senate to answer questions of the senators with regard to the state of the Federal Republic.
If the President deems it infeasible or otherwise unreasonable to appear before the Senate himself or herself, he or she may send a representative in his or her stead.
ARTICLE 72
The President's Board of Directors shall be endowed by the President with as much or as little executive power as he or she sees fit to effectively administer and execute federal law within the restrictions of this constitution.
ARTICLE 73
The President's Board of Directors serves at the pleasure of the President, and thus shall be appointed and dismissed directly by the President as he or she sees fit.
The salary of a Director shall be set by the President as he or she sees fit, but shall be not more than two hundred seventy-five thousand (275,000) Detectatian notes, indexed to inflation and adjusted accordingly and with regularity.
Section VII
ARTICLE 74
All judicial powers are hereby invested in a federal court system and the High Court of Detectatia.
The federal court system shall consist of eight (8) circuits of federal courts, each serving an equal number of provinces.
The High Court of Detectatia is the most supreme court in the entirety of the Federal Republic.
ARTICLE 75
All judges and other officeholders of import within the federal court system shall be appointed by the President of Detectatia.
ARTICLE 76
The High Court of Detectatia shall consist of 1 Higher Justice and four (4) Lower Justices of the High Court.
The Justices of the High Court shall be appointed by the President upon vacancies and confirmed by the Senate in accordance with Article 62.
Any citizen of the Federal Republic may be appointed as a Justice if they have attained the age of twenty-five (25) years.
The salary of a Justice shall, at the enacting of this constitution, be 275,000 Detectatian notes, indexed to inflation and adjusted accordingly and with regularity.
A Justice's tenure shall only end upon his or her death or resignation.
ARTICLE 77
All federal courts shall hear all cases concerning federal crimes as well as interprovincial disputes.
ARTICLE 78
The High Court shall hear all cases concerning the constitutionality of legislation, whether provincial or federal; any and all appeals which have passed through all other levels of appellate court; and all cases concerning felonies allegedly committed by government officeholders of import.
ARTICLE 79
All decisions, rulings, and interpretations of the High Court shall be handed down by the Higher Justice.
Should 3 out of the 4 Lower Justices move to do so, the Higher Justice's decision will be overridden and instead handed down by the dissenting Lower Justices.
ARTICLE 80
The High Court is hereby endowed with the power of judicial review.
Section VIII
ARTICLE 81
The Vox shall have the ability to make amendments to this constitution by way of at least 2/3 concurrence and the assent of the President.
Section IX
ARTICLE 82
This constitution shall be considered ratified upon the concurrence of at least 2/3 of the Detectatian electorate.
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Done by the MEMBERS OF THE 153RD DETECTATIAN VOX at the Hall of the Vox in the FEDERAL DISTRICT OF TRESTONE, and signed by
The Honorable BEN GLASKER, Tribune of the 153rd Detectatian Senate and
The Honorable ARIS PLATO, Presiding Officer of the 153rd Provincial Assembly of Detectatia and
Her Excellency EMMA DREW, 132nd President of Detectatia
on the first day of Nueva in the year one thousand five hundred fifty-seven.
And ratified by national referendum of the DETECTATIAN PEOPLE
on the fifteenth day of Nueva in the year one-thousand five hundred fifty-seven.
