Decree №3 «On a Constitution for Massat»

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Decree №3 «On a Constitution for Massat»

Postby Rei Milharna » Sun Apr 14, 2019 6:37 am

ÁÞÁME ÍSSẼLA MARI VĀSTRA, President of the Free and Sovereign State of Massat, sends Greeting to all the Peoples of the Land.

    Let it be known that by this Instrument I order the Following:

      1. That the Schedule be promulgated as the Constitution of the Free and Sovereign State of Massat, in Accordance with Decree №2.

      2. That Decree №2 be adjudged spent.

      3. That the Day on which this Decree is issued be celebrated every Year as Constitution Day.

Issued at the Havenwood Theater in Riashil, Friedeber 2, 1671.

    /s/ Áþáme Í. M. V.

Schedule

Constitution of the Free and Sovereign State of Massat

Chapter 1. Declaration of Rights

  1. All persons are born equally free and independent, with certain natural and inalienable rights, including the rights to life, liberty, the pursuit of happiness, and the ownership of personal property; therefore, no person may be held as a servant, slave, or apprentice, unless bound by that person's own consent or due process of law.
  2. Private property ought to be subservient to public use as necessary; however, when any such subservice is undertaken, the owner will be duly compensated.
  3. All persons have the right to worship, or not worship, according to the dictates of their own consciences; therefore, no person can be compelled to attend or support any religious function or place of worship.
  4. Every person shall have the right to a remedy at law or at equity for any injury or wrong perpetrated against them, and every person shall have the right to obtain justice freely, promptly, and in conformance with the laws.
  5. The people, through their duly elected representatives, have the sole, inherent, and exclusive right of governing and regulating the internal police.
  6. Since all power derives from the people, all officers of government shall serve, and be accountable to, the people.
  7. Government is instituted for the common benefit, protection, and security of the people, and not for the particular emolument of any single person, family, or set of persons; to that end, the people have an indubitable right to reform or alter government as necessary to preserve the public weal.
  8. All elections will be conducted freely and without corruption, and all voters having a sufficient, evident, common interest with and attachment to the community, have a right to elect and be elected to office, in accordance with the laws.
  9. Every person has a responsibility to contribute to the maintenance of the community, according to their ability, and to receive consummately with their need, but no part of any person's property can be justly taken or applied to public uses except by that person's own consent or due process of law.
  10. All persons accused of criminal offenses have the right to hear and be heard oneself and with counsel, to demand the cause and nature of the accusation, to confront and be confronted with the witnesses, to call for evidence in their favor, and to a fair and speedy trial; nor can a person be compelled to give evidence against oneself; nor can any person be deprived of liberty except by the laws of the land or the judgement of the person's peers.
  11. All persons ave the right to hold themselves, their houses, papers, and possessions free from search or seizure; therefore warrants will not issue without sufficient foundation for them, without describing particularly the places, persons, or things to be searched or seized, and without the approbation of the court as necessary for the public order.
  12. Every person has the inalienable right to a trial by an impartial jury of their peers without the consensus of which, as defined by the laws, the person cannot be found guilty.
  13. The people have a right to freedom of speech, and of writing and publishing their sentiments; the freedom of the press may similarly not be restrained.
  14. The freedom of deliberation, speech, and debate in the legislatures is so essential to the preservation of the rights of the people, and to the proper functioning of the government, that it cannot be the foundation of any accusation, prosecution, or complaint in any other court or place whatsoever.
  15. The power of suspending laws, or the execution of laws, that are not incongruent with this Constitution ought never to be exercised but by the Legislature in such particular cases as this Constitution or the laws will provide for as necessary to the public good.
  16. As standing armies in times of peace are dangerous to liberty, they will not be kept up, and the military will be kept under strict subordination to and governed by the civil power.
  17. No person can in any case be subjected to martial law, or to any penalties by virtue of that law, unless that person is in actual service of the military.
  18. Frequent recurrence to fundamental principles, and a firm adherence to wisdom, justice, and moderation are absolutely necessary to preserve the blessings of liberty and keep government free; the people ought, therefore, to pay particular attention to these points in the choice of officers and representatives, and have a right, in a legal way, to exact a due and constant regard to them, from their legislators and magistrates, and in making and executing such laws as are necessary for the good government of the State.
  19. All people have a right to emigrate from one demesne to another that will receive them.
  20. The people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the government for redress of their grievances, by address, petition, or remonstrance.
  21. No person shall be liable to be transported out of this State for trial for any offense committed within the same.

Chapter 2. Plan of Government

  1. The Free and Sovereign State of Massat shall be governed by a President and a General Court in the following manner and form.
  2. The supreme legislative power shall be exercised by the General Court.
  3. The supreme executive power shall be exercised by the President or, in their absence, an officer appointed by them or, should no such officer exist, an officer appointed by the General Court.
  4. The judicial power of the State shall be vested in a unified judicial system which shall be composed of a High Court, a Court of Appeal, and such subordinate and specialized courts as the General Court may from time to time ordain.
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  5. No bill, resolution, or other thing, shall have the effect of, or be declared to be, a law, without the approbation of the President and the General Court. The General Court may not, without the approbation of the President, adjourn for more than three days, nor to any other place than that in which it sits. The General Court may prepare and enact bills, redress grievances, grant charters of incorporation, and constitute municipalities; and they shall have all other powers necessary for the legislature of a free and sovereign State, but they shall have no power to add to, alter, abolish, or infringe any part of this Constitution.
  6. The General Court shall meet at least twice a year, for at least four months per meeting.
  7. The doors of the House in which the General Court shall sit, shall be open for the admission of all persons who behave decently, except only when doing so would be directly and gravely injurious to the people.
  8. The votes and proceedings of the General Court shall be circulated as soon as convenient, with the yeas and nays of the General Court on any question when required by five members, in which case every member shall have a right to insert the reasons for the member's vote upon the minutes.
  9. The style of the laws of this State shall be, «The President and the General Court of the Free and Sovereign State of Massat hereby enact——».
  10. Every bill which shall have passed the General Court shall, before it becomes a law, be presented to the President; if they approve, they shall sign it, if not, they shall return it, with specific objections in writing, to the General Court, which shall proceed to reconsider it.
  11. No member of the General Court shall, directly or indirectly, receive any fee or reward to bring forward or advocate any bill, petition, or other business to be transacted in the General Court, or advocate any cause as counsel before the General Court, except when employed by the State; and no person may, directly or indirectly, offer any such fee or reward.
  12. The General Court shall be comprised of a number of members no less than two hundred and no more than one for every ten thousand people. The voters of each division established by the law shall elect one, two, or three representatives from each district, which number is to be fixed by the General Court; Provided that each public university in the State shall elect two representatives. In establishing divisions, which shall afford equality of representation, the General Court shall maintain geographical compactness and contiguity, and adhere to boundaries of existing political subdivisions, as well as to natural features.
  13. The representatives, a majority of whom shall constitute a quorum for transacting any other business than raising taxes, for which three-quarters of the members elected shall be present, shall be styled Prefects of the General Court; subject to the limitations of this Constitution, they shall have the power to choose their Archon, choose their Clerks and other necessary officers, sit on their own adjournment, judge the elections and qualifications of their own members, expel members but for causes known to their electors antecedent to their return, administer oaths and affirmations in matters depending before them, and impeach state officials.
  14. No person shall be elected to public office who does not reside in this State and in the division to which elected.
  15. The representatives having met, and chosen their officers, shall each of them, before they proceed to business, take and subscribe, in addition to the oath prescribed in the following section, the following oath:— «You do solemnly (swear or affirm) that as a Prefect of the General Court, you will not propose, advocate, or assent to any bill, vote, or resolution, which shall to you appear injurious to the people, nor do nor consent to any act or thing whatsoever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the Constitution of this Free and Sovereign State, but will, in all things, conduct yourself as a faithful, honest representative and guardian of the people, to the best of your ability, (in the case of an oath) So help you god. (or in the case of an affirmation) Under the pains and penalties of perjury and abrogation of the public will.»
  16. The representatives having met on the day appointed for the commencement of a session of the General Court, and choosing their officers, shall each of them, before they proceed to business, take and subscribe, in addition to the oath prescribed in the preceding section, the following oath:— «You do solemnly swear (or affirm) that you did not at the time of your election to this General Court, and that you do not now, hold any office of trust or profit under the Crown or the Caprine Code, or either of them, (in the case of an oath) So help you god. (or in the case of an affirmation) Under the pains and penalties of perjury, grand theft, and abrogation of the public will.»
  17. Should it become necessary for the General Court to meet without an Archon, or in the case of vacation of the office, the longest-tenured Prefect shall preside until an Archon is chosen; they shall be styled Father, Mother, or Parent of the General Court, as appropriate.
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  18. The President, or such officer appointed in their absence, shall have power to commission and appoint all officers, except here provision is, or shall be, otherwise made by the laws or this Constitution; and shall supply every vacancy in any office until it can be filled in the manner directed by the laws or this Constitution. The President is to correspond with other demesnes, transact business with officers of government, and prepare such business as may appear necessary to lay before the General Court. The President shall have power to grant pardons and remit fines in all cases whatsoever, except in treason or impeachment, in which there shall be no remission or mitigation of punishment. The President is also to take care that the laws be faithfully executed, and to expedite the execution of such measures as may be resolved upon by the General Court, and may draw upon the Reliquary of State for such sums as may be appropriated by the General Court. The President may also lay embargoes, or prohibit the exportation or importation of any commodity, for any time not exceeding thirty days, in the recess of the General Court only. The Governor may grant such licenses as shall be directed by law, and shall have power to raise the General Court into extraordinary session. The President shall be Captain-General of the land forces and Admiral-General of the naval forces of the State, but shall not command in person unless by the advice and consent of the General Court, and no longer than they shall approve thereof.
  19. The President may have a Secretary, to be appointed during pleasure, whose services the President may at all times command, and for whose compensation provision shall be made by the laws.
  20. All commissions shall be in the name of The People of the Free and Sovereign State of Massat, sealed with the State Seal, signed by the President, and attested by the Secretary; which seal shall be kept by the President.
  21. No person shall be eligible to the office of President or such officer appointed in their absence who is not resided in this State four years next preceding the day of election.
  22. The General Court shall provide by general law what officer shall act as President in their absence.
  23. The Master or Mistress of the Reliquary shall, before entering upon the duties of office, give sufficient security to the Master or Mistress of the Rolls, before the President or one of the justices of the High Court. Sheriffs shall likewise give sufficient security in such manner and in such sums as the General Court shall direct.
  24. The accounts of the Master or Mistress of the Reliquary shall be annually audited, and a report thereof laid before the General Court.
  25. No monies shall issue from the Reliquary unless first appropriated by an act of the General Court.
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  26. The courts of law and of equity shall be open for the trial of all cases proper for their cognizance, and justice shall be therein impartially administered, without corruption or unnecessary delay.
  27. The High Court shall consist of the Bailiff and twenty-two associate justices.
  28. The High Court shall exercise appellate jurisdiction in all cases under such terms and conditions as it shall specify in rules not inconsistent with law. The High Court shall have original jurisdiction only on questions of constitutionality, but shall have the power to issue all writs necessary or appropriate in aid of its appellate jurisdiction. The High Court shall have administrative control of all the courts of the State, and disciplinary authority concerning all barristers, solicitors, attorneys, and judicial officers in the State.
  29. All other courts of this State shall have original and appellate jurisdiction as provided by law. All courts except the Supreme Court may be divided into geographical and functional divisions as provided by law or by judicial rules adopted by the Supreme Court not inconsistent with law. The jurisdiction of geographical and functional divisions shall be as provided by law or by judicial rules not inconsistent with law. The courts of this State may exercise equity jurisdiction as well as law jurisdiction in civil proceedings as may be provided by law or by judicial rules not inconsistent with law.
  30. The President, with the advice and consent of the General Court, shall fill a vacancy in the office of the Bailiff of State, or of any other judge, from a list of nominees presented by a nominating body established by the General Assembly having authority to apply reasonable standards of selection.
  31. When the General Court is not in session, the President may make an interim appointment to fill a vacancy in the office of the Bailiff of State, or of any other judge, from a list of nominees presented by the nominating body. A judge so appointed shall hold office until the General Court convenes and acts upon the appointment submitted by the President.
  32. The judges shall hold office for terms of six years. At the end of such a term, such judge may give notice in the manner provided by law of a desire to continue in office, which shall be submitted to the General Court and the judge shall continue in office unless a majority of members of the General Court vote against their continuation in office.
  33. All judges shall be retired at the end of the calendar year in which they attain the age of seventy-five in the case of humans, and the age specified by the law in the case of all other sapient species, and shall be pensioned as required by law. The Bailiff of State may from time to time appoint retired judges to special assignments as permitted under the rules of the Supreme Court.
  34. The judges shall hold office during good behavior for the terms for which they are appointed. The High Court in the exercise of its disciplinary power over the judiciary of the state may suspend judges for such cause and in such manner as may be provided by law. The General Court may establish procedures for the implementation of this and the preceding four provisions.
  35. The High Court shall make and promulgate rules governing the administration of all courts and practice and procedure in cases before all courts, any such rule being subject to revision by the General Court.
  36. Trials of issues in the Court of Appeal and other subordinate and specialized court shall be by jury except as provided for by law, and great care must be taken to prevent corruption or partiality in the choice and return or appointment of juries.
  37. All fines shall be proportionate to the offenses.
  38. Excessive bail shall not be exacted for bailable offenses. All persons shall be bailable by sufficient sureties, except in cases where the pain of death or life imprisonment may attach, or when the person's release poses a substantial threat of violence to any other person and no other conditions or any of them will reasonably prevent the violence. A person held without bail prior to trail shall be entitled to review de novo by a single justice of the High Court within seven days after bail is denied. No trial shall commence more than one month after bail is set or denied. No person shall be imprisoned on account of debts.
  39. The writ of Habeas Corpus shall in no case be suspended; the General Court shall make provision to render it a speedy and effectual remedy in all cases proper therefor.
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  40. Every person of the full age of twenty years who is a citizen of Natopia, having resided in this State for the period established by law and who is of a quiet and peaceable behavior, and will take the following oath or affirmation, shall be entitled to all the privileges of a voter of this state:— «You solemnly swear (or affirm) that whenever you give your vote or suffrage, touching any matter that concerns the Free and Sovereign State of Massat, you will do it so as in your conscience you shall judge will most conduce to the best good of the state, as established by the Constitution, without fear or favor of any person.»
  41. The President, Prefects of the General Court, Master of Mistress of the Reliquary, Master or Mistress of the Rolls, and other offices as directed by law shall be elected every three years.
  42. The manner of election, certification, and filling of vacations of office shall be as established by law.
  43. Votes from each town for the offices of President, Master or Mistress of the Reliquary, and Master of Mistress of the Rolls, and other offices as directed by law, shall be delivered under guard to a committee appointed by the High Court, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count the votes for each office, and certify the winners.
  44. If, at any time, there shall be no election for the offices stated in the preceding section, or any of them, the General Court shall elect to fill the office with one of the three candidates for whom the greatest number of votes shall have been returned.
  45. No person in this State shall hold more than one office under it at any time. Nor shall any person holding any office of profit or trust under the Crown or the Caprine Code, or either of them, be eligible to any appointment in the General Court or any office under this State.
  46. All elections shall be free or voluntary, and any person who shall give or receive any gift or reward in exchange for a vote shall forfeit the right to vote at that time, and shall be rendered incapable to serve for the ensuing year, and suffer such other pains as the law may direct.
  47. Every officer under this State, before entering upon the execution of office, shall each of them take and subscribe the following oaths:— «You do solemnly (swear or affirm) tat you will be true and faithful to the Free and Sovereign State of Massat and that you will not, directly or indirectly, do any act or thing injurious to the Constitution or Government thereof, (in the case of an oath) So help you god. (or in the case of an affirmation) Under the pains and penalties of perjury and abrogation of the public will.» «You do solemnly (swear or affirm) that you will faithfully execute the office of [office] for the [subdivision type] of [subdivision name], and will therein do equal right and justice to all persons, to the best of your ability, (in the case of an oath) So help you god. (or in the case of an affirmation) Under the pains and penalties of perjury and abrogation of the public will.»
  48. The General Court shall have the power to order impeachments, which shall in all cases be by a vote of two-thirds of its members.
  49. Every officer of State shall be liable to impeachment, whether in office or after their resignation or removal for maladministration. When sitting for the purpose of impeachment, the General Court shall be presided over by the Bailiff of State, the members shall be on oath or affirmation, attendance shall be mandatory, and no person shall be convicted without the concurrence of two-thirds of all members. Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold or enjoy any other office under this State. But the person convicted shall nevertheless be liable to the judicial department.
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  50. The militia of the State shall be trained and armed for its defense, under such regulations, restrictions, and exceptions, as the Legislative Frenzy, agreeable to the Caprine Code, and the General Court shall direct.
  51. No person shall be declared guilty of treason or felony by the General Court, nor to have their sentence upon conviction for felony commuted, remitted, or mitigated by the General Court.
  52. The law shall provide for the compensation of officers under the State.
  53. All deeds and conveyances of lands shall be recorded in the town offices overspreading those lands.
  54. This Constitution may be amended by a vote of two-thirds of all members of the General Court, whereupon, with the approbation of the President, the amendment shall be publicly proclaimed and subjected to a plebiscite. The General Court shall provide for the manner of voting on amendments so proposed, and shall enact legislation to effectuate the same.
  55. At the session following the taking of each census, and at other such times as the High Court finds necessary, it shall revise the boundaries of the electoral divisions and make a new apportionment of its membership in order to maintain equality of representation.
Her Majesty Queen Áþamé Issèla Mari Vāstra of Firneramnen, Queen of Aňira, Archduchess of Alðai, Grand Duchess of Vatēmar, Princess of Shireroth, Lady of Kin'uyama and of Senkyōwan, Landgravine of the Vessāra Forest, Castellaness of the Bloodless Palace, Maid of Angarae, Grand Mistress of the Order of Itrāei, Lady of the Night Sky
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