Constitution of the Federal Kingdom of Arkonia
Terminology
Arkonia, the Federal Kingdom, the Commonwealth, the Federal Kingdom of Arkonia
These terms all refer to the same thing; the Federal Kingdom of Arkonia
Alueets, Sub-Regions
Refers to sub-regions of Arkonia(similar to the States of the US)
The Monarchy, the King/Queen, the Monarch
All refers to the monarchy.
Constitution of The Federal Kingdom of Arkonia and Sovereign Persons
PREAMBLE
We the People of our Arkonia, in order to form a more perfect union, secure and advance the blessings of liberty and equality to ourselves and our posterity, establish Justice, insure domestic tranquility, provide for the common defense, promote the general welfare of all of the people and protect the people from the abuse of power by the State, do ordain and establish this Constitution for the Arkonian Kingdom of sovereign Persons. We the People who ordain and establish this Constitution intend for the rights protected by this Constitution to be the rights of all natural Persons.
By the authority of the Declaration of Independence, which recognizes that governments are instituted to secure the rights of People and derive their just powers from the consent of the governed, and of the Constitution. Therefore, as all power of governance is inherent in the People, we the People of Arkonia declare that all Persons who form a social compact are equal in right; that all power is inherent in the People, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.
Therefore, as all power of governance is inherent in the People, we the People of Arkonia declare that all People when they form a social compact are equal in right; that all power is inherent in the People, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.
Furthermore, it should be understood that the sole object and only legitimate end of government is to protect the citizen in the enjoyment of Life, Liberty, Freedom, Self-security and Self-defense, Privacy, Property, and the pursuit of Happiness, and when the government assumes other functions this becomes unjust usurpation and oppression. The government shall maximize positive physical and emotional experience of the People while minimizing the negative.
The Constitution of Arkonia shall be the supreme law of Arkonia, and as such, shall be directly enforceable before all Courts of Arkonia; all forms of law and all contracts between any natural or legal entities, including all branches of the Public Administration, made under the jurisdiction of Arkonia, shall comply with the Constitution.
The Constitution of Arkonia shall lay the foundations of the legal system of Arkonia, and shall determine the limits of power of the Public Administration. The Agents and Members of the Public Administration shall be answerable and held accountable to the Citizens of Arkonia.
It shall be the sphere of the government to perform the duties required of it by the people under the guidance of this Constitution; and the government shall be vested with the power to perform them, and be limited to such performance.
The fundamental rights enshrined in this Constitution shall not exclude such other rights as may be laid down by law and in the applicable rules of international law.
The provisions of this Constitution and of laws concerning fundamental rights shall be interpreted and construed in accordance with the Universal Declaration of Human Rights.
Arkonia shall guarantee equality of rights, privileges and duties to all the Alueets as Alueets; to all the citizens of each Alueet as individuals, and shall see to it that no Alueet shall enforce any law which shall trespass upon individual rights as declared to be such by this Constitution.
All power is originally inherent in and consequently derived from the People, therefore, all officers of government, whether judicial, legislative or executive, are their trustees and servants; and at all times, in a legal way, are accountable to them.
All public officials are servants of the whole community and not of any group thereof.
Every citizen shall possess the right to be given objective clarifications about the actions of the Alueet and of other public bodies and to be informed by the government and other authorities about the management of public affairs.
All power of suspending laws or the execution of laws by any authority, without the consent of the representatives of the People in the legislature is injurious to their rights, shall not be exercised.
This political system is based on the principles of democracy and republicanism, consultation, individualism, citizenship (under which all citizens are equal in rights, privileges, immunities, and public duties), political and multi-party pluralism, the peaceful transfer of power, the separation and balance of powers, the rule of law, mutual non-aggression, maximizing individual liberty, respect for human rights and freedoms, honesty and truth, open-source governance, and transparency. The government of Arkonia should be informed by science, reason, and evidence. All of the foregoing is as provided in this Constitution.
The international relations of Arkonia are governed by the principles of national independence, prevalence of human rights, self-determination of peoples, non-intervention, equality among Nations, defense of peace, peaceful solution of conflicts, repudiation of terrorism and racism, cooperation among people for the progress of humanity, and concession of political asylum.
The government of Arkonia shall observe the rules of natural justice.
This constitution guarantees an open and limited secular government.
Articles regarding Arkonia or the Alueets, including this constitution, are open-source and shall be issued to citizens at request, and a dutiful amount of time shall be given for a Person to review a manuscript of rights and laws related to an offense at their request before legal action shall proceed.
ARTICLE I
SECTION I
The motto of Arkonia shall be "United for all" or "unitum omnibus".
The national anthem shall be Arkonia, Our Home and Land.
The national animal shall be the Lion.
English shall be the primary language of Arkonia, and Esperanto shall be the secondary language, and German shall be the tertiary language. However Arkonia shall possess the capability to provide free translation services to the People.
The Decimal Metric System, Decimal Coordinated Universal Time, and Decimal Gregorian calendar shall be the primary standard, and the Dozenal Harmonic System, Dozenal Coordinated Universal Time, and Dozenal Solstice calendar shall be the secondary standard, in Weights and Measures throughout Arkonia. The standard format for dates shall be dd/mm/yyyy, or XXd/YYm/ZZZZy for un-ambiguity, with either BCE or CE indicating era.
SECTION II
All Institutions on the National, Alueet, and Local government level shall provide natural organic food that has been grown on-site or has been locally grown, or when local food is not available, from the nearest available source, for feeding to staff, pupils in public schools, patients in public medical and psychiatric facilities, inmates in jail or prison, and recipients of public food assistance.
All government institutions or facilities shall use renewable/sustainable environmentally friendly green materials, compounds, and products "to the maximum extent possible".
All government issued and used textiles [except potentially for those intended for durability or to be used as armor], including but not limited to clothing, bags, towels and cleaning rags, upholstered furnishings, window shades, carpet, tents, as well as sails and parachutes, shall be made of renewable/sustainable organic fibres including but not limited to cannabis hemp, bamboo, coconut coir, nettle, flax, lyocell, cotton, wool, or unbleached silk, and use renewable/sustainable non-toxic naturally based dye.
All government hired contractors shall use bamboo, or other renewable/sustainable naturally based paper, and soy, beet, fruit or berry, tea (such as green, black, or rooibos), coffee, henna, soot or activated charcoal, or other renewable/sustainable non-toxic naturally based ink when providing printing services to units of National, Alueet, and Local government or school districts unless the unit of government or school district determines that another type of paper or ink is required to assure high quality and reasonable pricing of the printed product.
All government institutions or facilities shall be built using green engineering and technology and use green or renewable energy as well as environmentally friendly utilities or services and sustainable waste management practices, using on-site facilities "to the maximum extent possible".
All government vehicles/crafts shall use renewable/sustainable green energy sources, including but not limited to methane made from waste in a bio-decomposer, methanol made from cannabis or bamboo through bio-gasification and synthesis process, or electricity from radiant energy or solar technology.
All Institutions on the National, Alueet, and Local government level shall all use open-source hardware and software, and their budgets shall allow for allocations of funding to open-source hardware and software projects which are considered to be of public benefit. The open-source hardware designs and software code developed for government projects shall be available freely to the People. Open-source hardware shall always be used unless the unit of government determines that another type of hardware is required to assure high quality and reasonable pricing of the electronic device, but schematics and detail sheets will always be provided to the People when they are available.
All government used or consumed compounds and products, as well as their facilities, vehicles/crafts, hardware or technology, and other infrastructure built or repaired in Arkonia shall consist of or be constructed with Arkonian-made materials “to the maximum extent possible".
ARTICLE II
To be put on the ballot for election, a person must be a Arkonia citizen, and have signatures supporting the candidacy from one-twentieth of one percent of the population of the applicable territory, whether of their Locality, Alueet, or Arkonia, as determined from the most recent census. Signatures must be from registered voters. Party affiliations are not to be mentioned on ballots.
To be deemed eligible the qualifications of any candidate shall be reviewed and verified by a vote of at least eighteen of a randomly selected grand jury of twenty-four from citizens of Arkonia who are not dependent on public funds for their support.
Every candidate for public office for Arkonia, whether it is National, Alueet, or Local, shall be required to take an advanced placement Arkonia history, an advanced placement Arkonia government exam, as well as a comprehensive psychological and intelligence test, with results being released for public review. In addition, they shall be required to take a political quiz which will be available for voters to help them discover what political dimensions they correspond to, and what other candidates, issues, bills, or laws they support or oppose, with results being released for public review.
It is prohibited to form a political party that discriminates between citizens, whether on the basis of age, sex, gender, sexual orientation, color, race, ancestry, nationality or place of origin, language, marital or familial status, spirituality/religion, political or ideological beliefs, intelligence, education, capability or disability, previous condition of servitude, property, economic situation, social origin, social circumstances, social condition/status or other characteristics, or other personal background.
No Person who maintains membership in a secret society, or who takes an oath to protect themself or another Person from due process of law, nor any Person who espouses a philosophy or spirituality/religion which undermines the separation of powers inherent to a limited government and a free People shall be eligible for a position in the government.
No business, firm, corporation, or other commercial entity shall be accepted in making contributions or expenditures in any election of any candidate for public office or to vote upon any ballot measure submitted to the People, so long as such restrictions are consistent with the powers of government and do not limit the freedom of speech or the press.
Campaigning and advertising for all general elections are limited to the period of six weeks before election day. Campaigning and advertising for all primary elections are limited to the six weeks before the general election period.
To advance democratic self-government and political equality, and to protect the integrity of government and the electoral process, Congress and the Alueets may regulate and set reasonable limits on all election contributions and expenditures, including a candidate's own spending, and to authorize the establishment of political committees to publicly finance qualified candidates for office, and receive, spend, and publicly disclose the sources of those contributions and expenditures, and for other purposes. All elections shall encourage grassroots multi-partisan participation in the funding of campaigns.
The elections of representatives in the legislature ought to be free and frequent, and all men having sufficient evidence of permanent common interest with and attachment to the Community ought to have the right of suffrage; and no aid, charge, tax or fee can be set, rated, or levied upon the People without their own consent, or that of their representatives so elected, nor can they be bound by any law to which they have not in like manner assented for the public good.
No elected or appointed government official may accept a campaign contribution while in office.
Serving as Members of the public body is a privilege and an honor bestowed by the votes of the Citizens of Arkonia, not a career. Members of the public body must leave after their completed term in office and return to their common lifestyle and to the common workforce as any other Arkonian citizen. There shall be no lifetime "retirement" salaries, bonuses or benefits provided, except bonuses that may be approved by the votes of the citizens for outstanding accomplishments for the common good of all.
No law shall introduce any quotas, whether based on age, sex, gender, sexual orientation, color, race, ancestry, nationality or place of origin, marital or familial status, spirituality/religion, political or ideological beliefs, intelligence, education, capability or disability, previous condition of servitude, property, economic situation, social circumstances, social origin, social condition/status or other characteristics, or other personal background, for any positions within any body of the Public Administration; all Persons applying for employment with the Public Administration shall be selected solely based on their merit and no other criteria shall be used; standards of all examinations conducted by any body of the Public Administration prior to offering employment shall equally apply to all Persons regardless of age, sex, gender, sexual orientation, color, race, ancestry, nationality or place of origin, marital or familial status, spirituality/religion, political or ideological beliefs, intelligence, education, capability or disability, previous condition of servitude,property, economic situation, social circumstances, social origin, social condition/status or other characteristics, or other personal background.
Being an effective countermeasure of negative conduct, quality background investigations shall be conducted of individuals applying to become, appointed, or elected members of the public body, and a record will be kept of actions and productivity by members of the public body.
All members of the public body shall be subject to periodic randomized psychoactive substance tests and psychological evaluations every three months; In addition, law enforcement must take sixteen hours of mental health crisis intervention training every six months; Law enforcement as well as Members of the military and Alueet militia must also take sixteen hours of de-escalation and sixteen hours of anger management classes every six months, in time of actual service. All members of the public body employed in a position of authority or power shall be taught the ethical perspective for every training topic as well as take state-of-the-art ethical dilemma and behavior simulation training.
All members of the public body shall receive the same quality of free publicly funded health care which is available to all the People of each Alueet, and not be eligible for private health care plans or services while serving the public offices of Arkonia.
Equity and prudential decisions shall not be regarded as precedents.
The government is prohibited from owning stocks in any company.
The rights protected by the Constitution of Arkonia are the rights of natural Persons and do not extend to for-profit corporations, limited liability companies, or other commercial or artificial entities established for business purposes or to promote business interests under the laws of any Alueet, Arkonia, or any foreign Alueet. People, Peoples, Person, Persons, Individual, or Individuals as used in this Constitution does not include corporations, limited liability companies, or other commercial or artificial entities established by the laws of any Alueet, Arkonia, or any foreign Alueet, and such commercial entities established under law are subject to such regulation as the People, through their elected Alueet and Federal representatives in the legislative process, deem reasonable and are otherwise consistent with the powers of government under this Constitution, and do not limit the freedom of speech or the press.
The fundamental rights enshrined in this Constitution shall not be abridged, compromised, or overridden in pursuance of a organization's, institution's, business', firm's, corporation's, or other commercial or artificial entities' inclination/s.
No Individual, organization, institution, business, firm, corporation, or other commercial or artificial entity can profit unfairly from the government or public resources and must pay fair market value for all current and previous resources, subsidies, and research.
Any member of the public body who has been convicted of a crime shall be automatically be suspended without pay, until the next election; A Proxy shall take their place until a proper replacement for the public position can be made.
ARTICLE III
SECTION I
All legislative Powers herein granted shall be vested in a Congress of Arkonia, which shall consist of a Legislative Assembly that shall be responsible for evaluating any potential changes to legislation and submitting independent analysis on whether proposed alterations are in keeping with the standards and laws set forth herein, and in the People through national popular initiatives. The People, through initiative, shall have all lawmaking powers granted to Congress under this Constitution, except as this provision otherwise provides. In force of law and in susceptibility to review, including invalidation, by the Judiciary, initiative enactments shall be accorded an equal status to Congressional enactments.
No proposed initiative shall appear on a national ballot without certification by Congress, who shall specify the means for certification and for conducting a vote. Except as this provision otherwise provides, no initiative shall be certified without its drafters or their representatives having gathered supporting signatures from electors exceeding in number 5.555555555555 percent of the electorate from the most recent Prime Ministerial election. But Congress may neither require signatures in excess of 11.111111111111 percent of such national electorate nor condition certification upon geographic apportionment of signatories. Initiative drafters or their representatives shall make a public notice of a proposed initiative, and upon certification, a second public notice.
If certified, initiatives shall be put to a vote in every second year, on the same day as members of Congress are chosen, and on ballots in every Alueet or jurisdiction choosing said members. The People enact a initiative into law when the number of votes in the affirmative outnumbers the number of votes in the negative, these options being the only two afforded.
Neither Constitutional amendments nor declarations of war shall be made by initiative. The Prime Minister may submit a treaty for ratification by initiative, the certification signature requirements in this article notwithstanding, but for ratification, the number of votes in the affirmative must account for at least two-thirds of the total votes cast. Congress shall prescribe the manner by which the Prime Minister submits treaties to initiative and by which such initiatives are certified.
The Congressional elections shall be comprised of every elected political faction and the seats in Congress shall be awarded with respect to the percentage of the population that voted for that faction. Members of Congress shall be rated in consideration to how their vote/s correspond/s to their constituents and the general public. All members of Congress and those running or expecting to run for Congress shall make accountable predicts on the effects of legislation being voted on, with their score of accuracy in those predictions as public information made available voter's brochures.
No Person shall be a Senator or Representative in Congress, or hold any office, civil or military, under Arkonia, or under any Alueet, who, having previously taken an oath, as a member of Congress, or as an officer of Arkonia, or as a member of any Alueet legislature, or as an executive or judicial officer of any Alueet, to support the Constitution of Arkonia, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
The Supreme Court shall never, by any decision, including indirectly, decide who shall be a Senator or Representative.
Legislative districts and voting precincts shall be determined by mathematical algorithm. Each Alueet shall appoint a non-partisan board shall determine the algorithms used.
Districts represented by members of Congress, or by members of any Alueet legislative body, shall be compact and composed of contiguous territory. The Alueet shall have the burden of justifying any departures from this requirement by reference to neutral criteria such as natural, political, or historical boundaries or demographic changes. The interest in enhancing or preserving the political power of the party in control of the Alueet government is not such a neutral criterion.
Neither the House of Representatives nor the Senate may adopt a rule requiring a supermajority vote.
SECTION II
The Legislative Assembly shall be composed of Members chosen every third Year by the People of the several Alueets, they shall each be limited to four terms of 1 year.
No Person shall be a Representative who shall not have attained to the Age of thirteen Years, and after the first 4 congresses, been 3 Years a Citizen of Arkonia,and who shall not, when elected, be an Inhabitant of that Alueet in which they shall be chosen.
Representatives and Taxes shall be apportioned among each Alueet which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of citizens and excluding the indigenous population not taxed. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of Arkonia, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The number of Representatives shall not exceed two for every fifty thousand, but each Alueet shall have at Least one Representative; and until such enumeration shall be made, the Alueet 1 shall be entitled to choose three, Alueet 2 three, Alueet 3 three, Alueet 4 three, Alueet 5 three.
After the first enumeration required by this Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand Persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand Persons.
When vacancies happen in the Representation from any Alueet, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies: Provided, that the legislature of any Alueet may empower the executive thereof to make temporary appointments until the People fill the vacancies by election as the legislature may direct.
SECTION III
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Representatives of the first Class shall be vacated at the Expiration of the second year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth year, so that one third may be chosen every second year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any Alueet, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
The Assembly shall have the Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the Prime Minister of Arkonia is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the Members present.
Judgment 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 Arkonia: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
SECTION IV
The Times, Places, and Manner of holding Elections for Senators and Representatives, and the place and manner of holding Elections for Prime Minister, shall be proscribed in each Alueet by the Legislature thereof and established by Arkonia Elections Commission; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators. The commission shall receive adequate funding from Congress. It shall establish rules and regulations for uniform national elections consistent with the goal of ensuring that all eligible voters, and only eligible voters, shall be entitled to cast a vote which shall be accurately counted. The (three) commissioners shall be nominated by the Prime Minister for twelve-year terms, subject to confirmation by a three-quarters vote of Arkonia Senate. Commissioners 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.
The Congress shall assemble at least once every day of the work week in the most sustainable manner possible (in full view of the public with every word said by every member scrupulously recorded, and using secure electronic means broadcast publicly for all citizens to observe), until all items on the docket are resolved.
Except in an emergency in which recording is impossible, all legislative, judicial, and administrative proceedings, other than trial jury and grand jury meetings, shall be recorded with current State of the art audio and video technologies, archived, and released as Congress, for Federal proceedings, or a Alueet legislature, for Alueet proceedings, or a court of competent jurisdiction, shall direct. Persons present in a legislative conference or court shall not be barred from recording the proceedings except to forbid them from disclosing the members of the jury before the trial is concluded.
SECTION V
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.
Each House may determine the Rules of its Proceedings by vote of a majority of the whole number of its members, provided that such Rules shall take effect three years following their enactment; punish its Members for disorderly Behavior; and with the Concurrence of two-thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one-fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
SECTION VI
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of Arkonia. 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.
No Senator or Representative shall, during the Time for which they were elected, be appointed to any civil Office under the Authority of Arkonia, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under Arkonia, shall be a Member of either House during their Continuance in Office.
SECTION VII
A progressive system of direct and indirect taxation shall be utilized in the most efficient manner possible. All fees, fines, and taxes must be progressive, based on ability to pay. Regressive fees, fines, and taxes, where the wealthy pay a proportionately smaller amount, are expressly forbidden and must be immediately made progressive.
Taxes ought not to be excessive.
No taxation shall be laid without representation within Arkonia.
A vote of two-thirds is required of the legislature, or, a majority of voter approval is required for all new revenue or tax increases.
No tax may be levied unless the levy was permitted by law at the time when the facts occurred on which the tax liability is based.
Taxpayers can elect to have all of their taxes allocated to government departments and programs as they see fit, and optionally towards reducing the debt of the Nation and/or their Alueet, if such debt exists. Each department and program shall have spending caps to be determined by the Legislative branch. Once a spending cap is met for any particular department or program, the taxpayer's collected taxes can then be allocated to one of the other departments or programs they have chosen.
No tax shall unduly burden the exercise of a natural, civil, or social right, or be imposed on not doing something, offer a deduction for doing something there is no power to compel one to do, be to regulate something not otherwise subject to a power to regulate, or be at a rate beyond the point of diminishing return of revenue.
Taxable objects of Congress and each Alueet or sub-division thereof shall include only profitable activities that are not exercises of pre-constitutional rights, and shall not include gifts, inheritances, bequests, equal exchanges, possession, existence, or inaction.
There shall be no tax on private property, including but not limited to vehicles/crafts, land, dwellings, and bodies or retainers of water.
A tax shall be considered direct if under the totality of circumstances in which it is applied, less than half of it is likely to be passed through to a further individual purchaser of the thing taxed as a higher cost of purchase, and indirect if half or more of it is likely to be thus passed through. An indirect tax may only be imposed on a profitable transaction or use the profit on which is or is readily convertible into a monetary equivalent. A direct tax may be imposed on being or having something without a profitable transaction involved. When in doubt, a tax shall be considered direct. Taxes on corporate entities or trusts shall be considered indirect.
All attempts to conceal wealth to avoid taxes shall result in prosecution as grand larceny, full seizure of not just concealed wealth but all their wealth, and long prison sentences which may not be suspended.
SECTION VIII
All bills must be written by elected members of Congress, not lobbyists.
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Each bill or joint resolution shall embrace no more than one subject; The subject of a bill or joint resolution shall be clearly and descriptively expressed in the title; An appropriations bill shall not contain any general legislation or change of existing law provision, the subject of which is not germane to the subject matter of each such appropriations bill provided however, that this section shall not be construed to prohibit any provision imposing limitations upon the expenditure of funds so appropriated.
Every Bill must be given adequate time to be read, and be read fully in every word, before which it shall have passed the House of Representatives and the Senate, and shall, before it become a Law, be presented to the Prime Minister of Arkonia; If they are to read every word and approve they shall sign it, but if not they shall return it, with his or her Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two-thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the Prime Minister within ten Days (Sundays excepted) after it shall have been presented to them, the Same shall be a Law, in like Manner as if they had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Any Bill passed shall be subject to the general right of veto by the Citizens as expressed in the referendum; Any Bill vetoed by the Citizens in the referendum shall be considered void and shall not be revived.
No expenditure shall be made, or obligation incurred or committed, by or for the government or any activity under its supervision, except within appropriations enacted by Congress, which shall specify the amount and the department or activity it may support, and which shall not exceed six years.
The word "bills" shall include proposals within bills, and any proposal for raising or receiving revenues or disbursing funds, including for borrowing or lending, shall originate in the House of Representatives, and shall specify rates, amounts, objects, and purposes.
The citizens of Arkonia must approve all proposed legislation via referendum.
SECTION IX
Congress shall have Power To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of Arkonia and the citizens of Arkonia; but all Taxes, Duties, Imposts and Excises shall be uniform throughout Arkonia, and no new tax, duty, impost, or excise may be laid or increased without approval of two-thirds of both Houses;
Congress shall have no power to lay and collect taxes on incomes, except in time of war declared by the Congress;
To establish a Department of Revenue, charged with administering the Federal Tax, Duty, Impost, and Excise laws and collection of Federal Taxes, Duties, Imposts, and Excises;
To establish a Department of Finance, to serve as the fiscal policy advisory and to promote long term economic sustainability and responsible resource allocation;
Congress shall have the power to subsidize; They may grant subsidies to an, organization, institution, business, firm, corporation, or other commercial or artificial entity for exemplary practices that serve the commonwealth and benefit the welfare of the environment and the general public;
Total outlays for any fiscal year shall not exceed total receipts for that fiscal year. Prior to each fiscal year, the Budget Officer shall transmit to the Congress a proposed budget for Arkonia Government for that fiscal year in which total outlays do not exceed total receipts; A Bill to increase revenue shall not become law unless citizens approve this Bill in a referendum;
The Congress and the Prime Minister shall assemble at least once each year to balance the budget and manage the finances of Arkonia;
To establish a Department of National Treasury;
Power shall be vested in Congress for the production and management of natural currency in Arkonia, administered to cover debts of Persons who exchange with Arkonia; Congress shall produce natural currency from the wealth of the treasury through public mints; The Treasury shall be fully reserved in Silver; A treasury issued representative note called the Arkonian Dollar shall be backed in each of the treasury's fully reserved commodities+cryptocurrency, through yearly managed floating, which all Arkonian Dollars are worth the equalized value of a single one of the commodities+cryptocurrency themselves, which takes the mean of all commodities+cryptocurrency values from the previous fiscal year and locks them in from the beginning of the fiscal year until the next fiscal year, and Arkonian Dollars are fixed to this value at any time they are minted within that fiscal year;
Congress shall have the power to define legal tender only on territory for which it has exclusive jurisdiction, and Alueet legislatures only on exclusively Alueet territory. Neither Congress nor the Alueets may make anything legal tender that does not consist of, or is backed by Silver, nor use anything but legal tender to pay its debts, or accept anything but legal tender for all debts, public charges, taxes, and dues;
To coin Money, regulate the Value thereof, and of foreign Coin;
To provide for the Punishment of counterfeiting the Securities and current Coin of Arkonia;
To borrow Money on the credit of Arkonia;
To establish uniform Laws on the subject of Bankruptcies throughout Arkonia;
To regulate Commerce with foreign Nations, and among each Alueet, and with the Native Tribes;
To regulate banks and financial institutions, public exchanges, and private insurance;
To establish a Department of Internal Improvements;
To establish a Department of Commerce, concerned with promoting economic growth. Among its tasks are gathering economic and demographic data for business and government decision-making, and helping to set industrial standards. This organization's main purpose is to create jobs, promote economic growth, encourage sustainable development and improve standards of living for all Arkonians. The mission of the department is to "promote job creation and improved living standards for all Arkonians by creating an infrastructure that promotes economic growth, technological competitiveness, and sustainable development, and to foster, promote, and develop the foreign and domestic commerce.";
The power of Congress to make all laws that are necessary and proper to regulate Commerce among the several Alueets, Native Tribes, or with foreign Nations, shall not be construed to include the power to regulate or prohibit any activity that is confined within a single Alueet regardless of its effects outside the Alueet, whether it employs instrumentalities therefrom, or whether its regulation or prohibition is part of a comprehensive regulatory scheme; but Congress shall have power to regulate harmful emissions between one Alueet and another, and to define and provide for punishment of offenses constituting acts of war or violent insurrection against Arkonia; The power of Congress to regulate commerce among the several Alueets shall be limited to the regulation of the sale, shipment, transportation, or other movement of goods, articles or persons; Congress may not regulate activity solely because it affects commerce among the several Alueets; The power of Congress to make all laws that are necessary and proper to regulate commerce among the several Alueets, or with foreign nations, shall not be construed to include the power to regulate or prohibit any activity that is confined within a single Alueet regardless of its effects outside the Alueet, whether it employs instrumentalities therefrom, or whether its regulation or prohibition is part of a comprehensive regulatory scheme; but Congress shall have power to define and provide for punishment of offenses constituting acts of war or violent insurrection against Arkonia; The Legislatures of the Alueets shall have standing to file any claim alleging violation of this provision; Nothing in this provision shall be construed to limit standing that may otherwise exist for a person;
To establish a Department of Customs and Border Protection, charged with regulating and facilitating international trade, collecting import duties, and enforcing Arkonian regulations, including trade, customs, and immigration, as well as process all goods, vehicles/crafts, and people entering and exiting Arkonia. The primary mission of the Department of Customs and Border Protection is to safeguard Arkonia's borders, thereby protecting the public from dangerous people and materials while enhancing the Arkonian global economic competitiveness by enabling legitimate trade and travel;
To establish a Department of Statistics, to serve as the central statistical authority on primary data collection in Arkonia by conducting censuses on different sectors of the Arkonian economy such as population, housing, agriculture, fisheries and business. It shall collect, compile, analyze, and publish statistical information on economic, social, demographic, political affairs and general affairs of the people of Arkonia;
To establish a Department of Standards, to fix the standard of weights, measures, languages, encryption of government classified and unclassified-but-sensitive communication, and operational security, to provide conversions and translations between these units and languages, and to establish the standard of open-source licensing used by the government of Arkonia;
To establish Post Offices, Post Roads, Post Railroads, and Post Airports; and a Postal Money Order System to meet all the demands of exchange; and affix such Postal Rates for the same as shall be deemed necessary to maintain them; or to provide for their maintenance for the public benefit;
To inaugurate and provide for a system of National Highways, Railways, and Airports, based upon the proposition that whatever involves the direct interests of the public should be in the hands and under the control of the people, for the public welfare, and to that end may purchase existing highways, railways, and airports, at a price to be ascertained by law, but not greater than the same could be constructed for, or construct new roads and ports, as the circumstances shall seem to require; and the system shall be operated either at the cost of maintenance or for the public benefit from the public funds;
To establish a National Intellectual Property Office, to provide for the promotion of the Sciences and useful Arts; and for that purpose may secure for limited times, not to exceed a total of twelve years, to Authors, Designers, and Inventors, the exclusive right to their respective writings, discoveries, designs, and inventions; or at their discretion to purchase the same for the general benefit of the people;
To establish a Department of Research, Science, Engineering, and Technology, to organize and facilitate activities into laboratory programs that include nanoscale research as well as science and technology including chemicals and molecules, radioactive material research as well as science and technology, hardware and software research as well as engineering and technology, information research and technology, vehicle/craft and robotic/drone research as well as engineering and technology;
To establish a Department of Open-Source Projects and Information, to support, fund, manage, and maintain open-source projects of interest for the government and general public and maintain a public repository of open-source information, and to issue open-source licenses used by individuals and artificial entities;
To enact a National Archive and Library of Congress to protect the information of the governing of Arkonia, its citizens, and the knowledge of the world;
To establish an uniform Rule of Immigration and Naturalization; Congress shall implement a program, as part of the adjudication process for immigration benefits, to identify Individuals seeking to enter Arkonia on a fraudulent basis with the intent to cause harm, or who are at risk of causing harm subsequent to their admission;
Congress shall define the status of political refugee by law and will establish a Refugee Resettlement Program to admit foreign nationals into Arkonia. It is the policy of Arkonia to protect its citizens from foreign nationals who intend to commit terrorist attacks in Arkonia; and to prevent the admission of foreign nationals who intend to exploit Arkonia immigration laws for malevolent purposes;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water as well as determine the limits on emergency powers delegated to the Prime Minister; Arkonia shall not go to war except in self defense, and permanently renounces wars or acts of military aggression;
To ensure the military branch shall accept Persons of suitable condition to be received into the armed service of Arkonia to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service;
To raise and support military peacekeeping efforts;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of Arkonia, reserving to the Alueets respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To establish a Department of Homeland Security to serve as a ministry of internal affairs;
Congress shall establish a Secret Service operating under the Department of Homeland Security; Congress shall appoint a Head of the Secret service for a non-renewable term of six years, which Head of the Secret Service shall appoint or remove Secret Service agents/officers operating beneath them in rank. The Head of Secret Service may remove agents/officers at any time; Congress may overturn appointments and removals of agents/officers in the Secret Service. The protective mission of the Secret Service is to ensure the safety of both Federal and Alueet members of the Legislative, Executive, and Judicial branch, their immediate families, former Prime Ministers, their spouses, and their minor children under the age of sixteen, major candidates and their spouses, and foreign heads of state; The protective mission includes protective operations to coordinate manpower and logistics with Alueet and local law enforcement, protective advances to conduct site and venue assessments for protectees, and protective intelligence to investigate all manners of threats made against protectees; The investigative mission of the Secret Service is to safeguard the payment and financial systems of Arkonia from a wide range of financial and electronic-based crimes. Financial investigations include counterfeit Arkonia securities and currency or legal tender, bank & financial institution fraud, mail fraud, wire fraud, illicit financing operations, and major conspiracies; Electronic investigations include cybercrime, network intrusions, identity theft, access device fraud, credit card fraud, and intellectual property crimes;
To establish a Department of National Intelligence;
To establish a Department of Home Relations;
To establish a Department of International Relations;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding twenty-four kilometers square) as may, by Secession of particular Alueets, and the Acceptance of Congress, become the Seat of the Government of Arkonia, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the Alueet in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dockYards and other needful Buildings;
Congress shall have power to prescribe the terms of removal of Individuals holding offices created by specific statute, and requiring the consent of the Senate for appointments, including standards of good behavior for judges, but the Prime Minister or other executive officers shall have power to remove officers they have the exclusive authority to appoint for positions for which there is no specific term of service;
To maintain the equality of all citizens before the laws;
To secure the equal right to the exercise of all common rights;
To maintain the equality of all citizens before the laws;
To establish a general system of Criminal Jurisprudence and of Common Law;
To establish a Department of Criminal Jurisprudence and of Common Law;
Congress may provide Courts for the several Territories;
To constitute Tribunals inferior to the supreme Court;
Congress shall have power to make all laws which shall be necessary and proper to secure to the citizens of each Alueet all privileges and immunities of citizens in the several Alueets, and to all Persons in each Alueet equal protection in the rights of Life, Liberty, Freedom, Self-security and Self-defense, Privacy, Property, and the pursuit of Happiness;
Congress shall have power to enact statutes to punish official misconduct, including the violation of the rights, privileges, or immunities of any Person, abuse of discretion, violation of any oath or affirmation, dereliction of duty, failure to supervise, or conduct unbecoming;
To establish a Department of Reformatory and Criminal Labor;
To make all Laws which shall be necessary and proper for rehabilitating criminal code offenders by the Government of Arkonia or any Department or Officer thereof;
To recognize the Secession of Alueets;-And
To make only those 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 Arkonia, or in any Department or Officer thereof, but all laws passed by Congress shall expire within twelve years after being passed.
Congress shall have power, on territory under its exclusive jurisdiction, and Alueet legislatures, on territory under their exclusive jurisdiction, to forbid weapons within penal facilities, courthouses, and government offices, provided that they provide for a secure system for checking in weapons on entry, and return on leaving, and guarantee the safety of Persons within against all injury they might be able to avoid by having the means to defend themselves or others.
Congress may not enact a law unless it pertains to only one subject.
Congress shall have power to authorize officials of Arkonia to execute court orders.
Congress has power to authorize itself or committees of itself to operate as a grand jury for the investigation of public matters, including the issuance of subpoenas, and to authorize courts to enforce its subpoenas and orders to provide information.
Congress shall have authority to criminally punish fraud only when committed on territory of Arkonia over which it has exclusive jurisdiction.
Congress shall have power to prescribe the penalty for contumacy, but no judge shall have power to punish by fine, imprisonment, or other penalty, other than by incarceration for a period not to exceed ten days per court session, without conviction by a jury in a trial in which another judge shall preside.
Congress shall establish a target population for Arkonia for the purpose of assuring a high standard of living and quality of life for its citizens. The target population shall not be higher than can be continuously sustained by proven reserves of domestic natural resources utilizing existing technology, or by trading such excess resources for others not available domestically. Also, the target population of Arkonia shall be below the level that, if applied globally, is determined by science to pose no threat to the global environment. The Congress shall establish immigration quotas consistent with achieving the target population. The Congress shall also enact policies that, while leaving People free to choose the size of their families, encourage the population to move toward and stabilize at the established target level. The target population shall be reviewed by Congress annually and shall be retained or adjusted as necessary.
The Department of Defense budget cannot exceed the total of all of the Alueets' public education funding.
The power to raise an army, navy, or other military force, and militia, is only to hire volunteers, not to conscript the unwilling. Congress shall make no law requiring service in the army, navy, the militia or any civil service.
No soldier shall be enlisted for any longer term than four years, except in time of war, and then for no longer term than the continuance of the war. A soldier may re-enlist of their own conscience.
The People of Arkonia shall enjoy the right of safety from terrorist attack. To enforce this provision, Congress shall have the power to establish special military courts solely for the prosecution of Persons accused of terrorist acts.
That each year every member of Congress shall spend at least one consecutive day and night in a standard cell inside a randomly selected Federal prison that is located inside their Alueet.
Should any member of congress step down, a Supplementary Election shall be held within thirty days.
Congress shall have the power to regulate by law the filling of vacancies that may occur in the House of Representatives and Senate in the event that one-fourth or greater number of the members of either the House of Representatives or the Senate are killed or incapacitated. Congress shall allow the governor or the legislature of each Alueet to appoint temporary replacement senators and representatives. Within ninety days of the event that one-fourth or greater number of the members of either the House of Representatives or the Senate are incapacitated or killed, a special election shall take place to replace them. A member that has been incapacitated may reclaim their office at any time after such member determines that they are no longer incapacitated. All appointments of both the house and senate shall expire automatically after the special election is held.
Congress shall not alter, modify or interfere in the times, places, or manner of holding elections for Senators and Representatives or either of them, except when the legislature of any Alueet shall neglect, refuse, or be disabled by invasion, attack, or rebellion to prescribe the same.
Congress shall have the power to regulate matters that are in the national interest, but federal enactments shall preempt Alueet law only in instances of direct conflict, or where the preemptive force of such enactment is made explicit by statute, or is based on a considered finding by an agency to whom Congress has delegated the authority to make such determination.
The Congress shall promote the welfare of the whole people by acting to secure equal
economic opportunity for all.
Congress shall have power to regulate or prohibit substances or actions which are likely to cause resource degradation or depletion or injury to People across Alueet, territorial, or national borders, but not those confined within the borders of a Alueet or territory.
Congress may not require any Alueet or Local official, or private Person, of Arkonia, to expend any resources without providing such resources, or make the provision of resources conditional on performing actions Congress does not have the power to command, except for militia organization, training, and operations, or for specific performance on a voluntary contract.
Those provisions which declare that Congress shall not exercise certain powers be not interpreted in any manner whatsoever to extend the powers of Congress. But that they may be construed either as making exceptions to the specified powers where this shall be the case, or otherwise as inserted merely for greater caution.
SECTION X
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. Participation in a Census is voluntary, but recommended.
No Tax or Duty shall be laid on Articles exported from any Alueet.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Alueetment and Account of the Receipts and Expenditures of all public Money shall be published from time to time; a regular real-time Alueetment and Account of the Receipts and Expenditures of all public Money shall be published and constantly updated.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one Alueet over those of another; nor shall Vessels bound to, or from, one Alueet, be obliged to enter, clear, or pay Duties in another.
The Migration or Immigration of such Persons as any of the Alueets now existing shall think proper to admit, shall not be prohibited by the Congress prior to eighteen years from the date of ratification of this constitution, but a fee may be imposed on such Immigration, not exceeding four-hundred-thirty-two Arkonian Dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not in any case or under any circumstances be denied or suspended.
No Bill of Attainder or ex post facto Law shall be passed.
No Title of Nobility shall be granted by Arkonia; And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign state.
SECTION XI
No Alueet shall, without the Consent of the Congress, 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 Alueet on Imports or Exports, shall be for the Use of the Treasury of Arkonia; and all such Laws shall be subject to the Revision and Control of the Congress.
No Alueet shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing other than Silver, Copper, Cannabis, or Arkonian Dollars for Tender in Payment of Debts and Taxes; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts than as otherwise prescribed by this constitution, or grant any Title of Nobility.
No Alueet shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another Alueet, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
ARTICLE IV
SECTION I
No Alueet shall, without the Consent of the Congress, 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 Alueet on Imports or Exports, shall be for the Use of the Treasury of Arkonia; and all such Laws shall be subject to the Revision and Control of the Congress.
No Alueet shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing other than Silver, Copper, Cannabis, or Arkonian Dollars for Tender in Payment of Debts and Taxes; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts than as otherwise prescribed by this constitution, or grant any Title of Nobility.
No Alueet shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another Alueet, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
SECTION II
The Prime Minister shall be Commander in Chief of the Army and Navy of Arkonia, and of the armed forces, when called into the actual Service of Arkonia; they may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and they shall have Power to grant Reprieves and Pardons for Offenses against Arkonia, except in Cases of Impeachment or against themselves.
Unless through invasion or under direct and immediate attack, Arkonia shall not go to war, and the Prime Minister cannot deploy troops for combat without an official declaration of war by Congress. Unless through invasion or under direct and immediate attack, the declaration of war by Congress must then be approved by a vote of the Arkonian public within one week. Failure to get approval by the Arkonian public overturns the declaration of war.
All acts of war by the, except in the event of an immediate invasion or attack, the authority of Congress to declare war must be established through a Congressional Declaration of War, as well as a majority cast thereon in a nation-wide referendum. In repelling immediate invasion or attack, the National government may only act within foreign countries for one week without an official Declaration of War, as well as a majority cast thereon in a nation-wide referendum; After six months, and every six months thereafter, both houses of Congress, by affirmative vote and without filibusters, have to approve any extension; If one house votes no on extending, all combat troops must be withdrawn within a year. At times of official peace, the decision to support, aid, assist, or oppose any foreign government or revolutionary movement will be reserved to the People, as Individuals.
Whenever war is declared the Prime Minister shall immediately conscript and take for use by the government all the public and private war properties, yards, factories, and supplies, together with employees necessary for their operation, fixing the compensation for private properties temporarily employed for the war period at a rate not in excess of 4.444444444444 percent based on tax values assessed in the year preceding the war.
The Prime Minister is authorized to use the Armed Forces of Arkonia as they determine is to be necessary and appropriate in order to defend the national security of Arkonia. If the Prime Minister and the armed forces determine they are compelled by a threat posed to Arkonia who under further diplomatic or other peaceful means alone either will not adequately protect Arkonia from the continuing threat posed by another nation, the resolution of war powers shall proceed through Congress through specific statutory authorization.
The Prime Minister is authorized to declare such national emergency. Such proclamation shall immediately be transmitted to the Congress and published in the National Register. Any provisions of law conferring powers and authorities to be exercised during a national emergency shall be effective and remain in effect only when the Prime Minister has been granted permission to proceed from Congress and such orders are found to be in accordance of the rights of People and resources insured to them.
In the event that emergency powers are declared, the Prime Minister nor any other government official shall seek to circumvent any rights or protections offered under this constitution.
The Prime Minister may not issue a command, nor shall any act of Congress or the legislation of each Alueet, to confiscate the resources of any right or benefit, substantive or procedural, against parties of Arkonia, its agencies, its officers, or any Person therein.
It is considered unconstitutional for a Prime Minister to implement executive orders or Prime Ministerial directives, unless the members of Congress examine, potentially rewrite them, and approve them beforehand with a simple majority. Then they shall be added to the federal statutes.
The Prime Minister may approve any appropriation or provision and disapprove any other appropriation or provision in the same appropriation bill. In such case they shall, in signing the bill, designate the appropriations and provisions disapproved; and shall return a copy of such appropriations and provisions, with their objections, to the House in which the bill shall have originated; and the same proceedings shall then be had as in case of other bills disapproved by the Prime Minister.
They shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur; and they shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of Arkonia, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the Prime Minister alone, in the Courts of Law, or in the Heads of Departments.
The Prime Minister shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Congress shall define executive privilege. The Prime Minister and any other member of the executive branch may exercise this privilege.
In case of the removal of the Prime Minister from office or of their death or resignation, the Speaker of the House shall become Prime Minister.
Whenever the Prime Minister transmits to the Prime Minister pro tempore of the Senate and the Speaker of the House of Representatives his or her written declaration that he or she are unable to discharge the powers and duties of his or her office, and until he or she transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Speaker of the House.
Whenever the Speaker of the House and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the Prime Minister pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Prime Minister is unable to discharge the powers and duties of his or her office, the Speaker of the House shall immediately assume the powers and duties of the office as Acting Prime Minister. Thereafter, when the Prime Minister transmits to the Prime Minister pro tempore of the Senate and the Speaker of the House of Representatives his or her written declaration that no inability exists, he or she shall resume the powers and duties of their office unless the Speaker of the House and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the Prime Minister pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the Prime Minister is unable to discharge the powers and duties of his or her office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the Prime Minister is unable to discharge the powers and duties of their office, the Speaker of the House shall continue to discharge the same as Acting Prime Minister; otherwise, the Prime Minister shall resume the powers and duties of their office.
SECTION III
They shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as they shall judge necessary and expedient; they 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, they may adjourn them to such Time as they shall think proper; they shall receive Ambassadors and other public Ministers; they shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of Arkonia.
If, at the time fixed for the beginning of the term of the Prime Minister, the Prime Minister elect shall have died, the Speaker of the House-elect shall become Prime Minister. If a Prime Minister shall not have been chosen before the time fixed for the beginning of their term, or if the Prime Minister elect shall have failed to qualify, then the Speaker of the House elect shall act as Prime Minister until a Prime Minister shall have qualified; and the Congress may by law provide for the case wherein neither a Prime Minister elect nor a Speaker of the House shall have qualified, declaring who shall then act as Prime Minister, or the manner in which one who is to act shall be selected, and such Person shall act accordingly until a Prime Minister or Speaker of the House shall have qualified.
SECTION IV
The Prime Minister, Speaker of the House and all civil Officers of Arkonia, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other Misdemeanors and high Crimes.
ARTICLE V
The People of the several Alueets shall elect by ballot every two years each of the following:
A Secretary of the Department of Finance, for the National and Alueet government;
A Secretary of the Department of Revenue, for the National and Alueet government;
A Secretary of the Department of Expenditures, for the National and Alueet government;
A Secretary of the Department of National Treasury, for the National government;
A Secretary of the Department of Commerce, for the National and Alueet government;
A Secretary of the Department of Statistics, for the National and Alueet government;
A Secretary of the Department of Standards, for the National government;
A Secretary of the Department of Internal Improvements, for the National and Alueet government;
A Secretary of the Department of Postal Service, for the National government;
A Secretary of the National Patent Office, for the National government;
A Secretary of the Department of Research, Science, Engineering, and Technology, for the National and Alueet government;
A Secretary of the Department of Open-Source Projects and Information, for the National and Alueet government;
A Secretary of the Department of Public Broadcasting, for the Alueet government;
A Secretary of the National Archive and Library of Congress, for the National government;
A Secretary of the Department of Public Education, for the Alueet government;
A Secretary of the Department of Home Relations, for the National government;
A Secretary of the Department of International Relations, for the National government;
A Secretary of the Department of Defense, for the National government;
A Secretary of the Department of Navy, for the National government;
A Secretary of the Department of Criminal Jurisprudence and of Common Law, for the National government;
A Secretary of the Department of Reformatory and Criminal Labor, for the National and Alueet government;
A Chief Attorney of Arkonia, for the National government;
The Judges of the Supreme Court and such inferior courts of Arkonia and the several Alueets, when there shall be vacancies.
Each of the elected Secretaries and the Chief Attorney shall hold their Offices for term of two years with a limit of three terms, and the Judges of the Supreme Court and such inferior courts shall serve for a non-renewable term of eighteen years.
ARTICLE VI
SECTION I
The judicial power of Arkonia shall be vested in the Courts of Arkonia.
The Courts of Arkonia shall consist of the Civil Court, Criminal Court and the Supreme Court.
The Courts of Arkonia shall first and foremost protect the Rights of Citizens and other Residents of Arkonia by upholding the Constitution and any laws passed in accordance therewith. It shall be the duty of the Judiciary to strike down as void and unlawful any laws in conflict with the Constitution.
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior for a non-renewable term of eighteen years.
SECTION II
The Judges of the Courts of Arkonia shall regulate their own affairs within the Secretariat of the Judiciary of Arkonia:
(1) The Secretariat of the Judiciary shall be headed by the Chief Justice of the Supreme Court.
(2) The Secretariat of the Judiciary shall supervise all Agents of the judicial branch of the Public Administration.
(3) No Agent of Law Enforcement shall enter the premises of any Court of Arkonia unless with the express and informed consent of the Secretariat of the Judiciary or pursuant to the Supreme Warrant.
The Judges of the Courts of Arkonia shall be independent and shall not be removable by any other branch of the Public Administration:
(1) The remuneration of the Judges shall not be lowered without the express and informed consent of the Secretariat of the Judiciary of Arkonia.
(2) No Judge of any Court of Arkonia shall be arrested for any period whatsoever unless pursuant to the Supreme Warrant or under exigent circumstances where there is a direct threat to others or where vital evidence may be destroyed.
(3) Where a Judge is placed under arrest without the Supreme Warrant, the Chief Justice of the Supreme Court shall be immediately notified about the detainment and shall have the power to order immediate release of the detained Judge.
(4) Should the Chief Justice of the Supreme Court be the Judge arrested, the most senior Justice of the Supreme Court shall have the power to order the immediate release of him or her.
(5) The Supreme Warrant shall be issued by the Chief Justice of the Supreme Court, or by at least three Justices of the Supreme Court acting together, upon request by the Office of the Public Prosecutor supported by clear and convincing evidence of an alleged offense.
The Judicial Appointment Commission shall have the power to inquire into alleged misconduct of any Judge of the Civil Court or the Criminal Court:
(1) The Judicial Appointment Commission shall have the power to subpoena Judges of the Civil Court and the Criminal Court and Agents of the Public Administration to hear testimonies given under oath.
(2) The Judicial Appointment Commission may remove any Judge of the Civil Court or the Criminal Court from the office upon a proven case of gross misconduct or intentional procurement of the miscarriage of justice.
(3) Should there be suspicion that any Judge of the Civil Court or the Criminal Court issues Warrants or Orders too leniently, the Judicial Appointment Commission shall have the power to inquire into the justifiability of such Warrants or Orders, and may remove such a Judge from his or her office upon proving that is the case.
(4) Should the Judicial Appointment Commission find evidence of any criminal conduct, it shall be passed to the Office of the Chief Public Prosecutor; testimonies given in breach of oath shall be prosecuted in a regular manner in the Criminal Court.
(5) The Judicial Appointment Commission shall have the power to declare any Judge of any Court of Arkonia to be unable to continue to hold his or her office due to very poor health or old age but not before the age of seventy-five.
The Supreme Court shall be composed of four Justices of the Supreme Court and the Chief Justice of the Supreme Court who shall preside over the Court:
(1) The Supreme Court shall at all times give hearing en banc and reach its decisions with a simple majority unless required otherwise in this Constitution.
(2) All verdicts of the Supreme Court shall be binding upon the parties to the proceedings and the Civil Court and the Criminal Court on the point of law in all future proceedings where applicable.
(3) Should the office of any of the Justices of the Supreme Court become vacant, the Chancellor shall appoint a current or former Judge of the Criminal Court or the Civil Court for the position for life.
(4) Should the office of the Chief Justice of the Supreme Court become vacant, the Chancellor shall appoint the most senior Justice of the Supreme Court for the position for life.
(5) The Chief Justice or any Justice of the Supreme Court shall nevertheless be removable from their position by the Citizens of Arkonia with a majority of two-thirds vote in a referendum called by ten percent of the overall number of Citizens registered to vote at the time of the last General Election or by the Judicial Appointment Commission as described in this Constitution.
(6) Should any Justice or the Chief Justice of the Supreme Court have any personal interest in a case before the Court, he or she shall recuse him or herself from the proceedings, in which case, his place shall be temporary taken by the most senior of Judges of the Civil Court and the Criminal Court who has not been involved in the case before it is heard by the Supreme Court.
The Supreme Court shall have compulsory appellate and inherent jurisdiction as prescribed in this Constitution and powers to issue warrants, injunctions and other orders as prescribed by law:
(1) The Supreme Court shall hear appeals from the Civil Court and the Criminal Court on the point of law, material procedural irregularity or severity of sentence.
(2) The Supreme Court shall have inherent jurisdiction to issue declarations as to the law and Constitution of Arkonia upon request by the Chief Attorney of the Republic.
(3) The Supreme Court shall have inherent jurisdiction to review the prima facie constitutionality of all Bills passed in accordance with Article II which shall take place within ninety days and no Bill shall become the law of Arkonia unless the Supreme Court, unanimously, declares the Bill to be constitutional.
(4) Upon reviewing the prima facie constitutionality of a Bill, the Supreme Court shall hear submissions, which are of relevance for the outcome of the determination, from the Cabinet and any association composed of no fewer than thirty Citizens in the form of amicus curiae briefs.
(5) Should a Bill be declared unconstitutional by reason only of parts of the Bill which may reasonably be excised from the whole, the Supreme Court shall send the remainder of such Bill to the Assembly which may pass a resolution authorizing the remainder of the Bill proceed for consideration of Citizens as provided in Article IV.
(6) The Supreme Court shall retain the power to strike down any provision of any Act passed in accordance with Article II as unconstitutional at any criminal or civil proceedings notwithstanding the declaration of the prima facie constitutionality; such provision shall be dis-applied on the appeal in question and shall be deemed no longer in force at the time the verdict is given.
(7) The Supreme Court shall have inherent jurisdiction to review the constitutionality of all international treaties the Cabinet intends to sign and no international treaty shall be signed unless the Supreme Court, unanimously, declares the treaty to be constitutional.
(8) The Supreme Court shall have inherent jurisdiction to review the validity of any election or referendum upon the request of one-quarter of the overall number of Assembly Representatives or 3.333333333333 percent of the overall number of Citizens registered to vote at the time of the last General Election.
(9) The Supreme Court shall have inherent jurisdiction to rule on the Chancellor's ability to perform his or her duties upon request by a simple majority of all Members of the Cabinet or the Vice-Chancellor.
The Civil Court shall have jurisdiction to adjudicate all disputes concerning contracts which were made under, and civil wrongs which took place within, the jurisdiction of Arkonia.
(1) The jurisdiction of the Civil Court shall not be ousted by any contract unless fair arbitration proceedings are envisaged in case of dispute.
(2) The fairness of arbitration proceedings shall be judged in reference to proceedings taking place before the Civil Court and, if questioned, may be subject to a challenge in this Court.
(3) Contracts may require parties to attempt mediation before the jurisdiction of the Court becomes exercisable.
(4) The Civil Court shall have jurisdiction to adjudicate all disputes between Citizens or other Residents of Arkonia and any body of the Public Administration.
(5) The Civil Court shall have jurisdiction to adjudicate all disputes between two or more bodies of the Public Administration.
(6) The Civil Court shall have jurisdiction to hear cases concerned with the well-being of Minors and Persons lacking mental capacity.
(7) The Civil Court may adjudicate civil disputes concerning contracts made outside the jurisdiction of Arkonia provided such jurisdiction has been conferred upon it by law.
(8) All disputes concerning subject matter of small value as prescribed by law shall be adjudicated by one Judge whereas all other disputes shall be adjudicated by a panel of three Judges reaching a decision with a simple majority.
(9) The Civil Court shall have the power to issue Publication Orders and other Orders in accordance with this Constitution and warrants, injunctions and other orders as prescribed by law.
All administrative decisions of any branch of the Public Administration, and actions undertaken by its Agents, which are capable of directly affecting any Person, may be subject to challenge in the Civil Court by such a Person:
(1) All Executive Measures issued by the Cabinet may be subject to challenge in the Civil Court by a Person affected thereby or, in the absence of such a Person, by any association composed of no fewer than thirty Citizens.
(2) Without prejudice to the appeal procedures, such challenge shall be admissible once only unless the original challenge was not genuine but brought in order to shield the defendant from liability or where a new challenge raises a different point of law.
(3) The right described in this provision shall be exercisable once all administrative appeals have been exhausted.
Should an alleged criminal offense leave no Victim or Proxy capable of instituting a Private Prosecution, the Office of the Public Prosecutor shall have the power to institute a Public Prosecution on behalf of the Citizens of Arkonia:
(1) Should a criminal offense be allegedly committed by a Member or Agent of the Public Administration in the course of his or her official duties, and no Public Prosecution has been brought within a reasonable period of time, a Private Prosecution may be brought by any association composed of no fewer than thirty Citizens.
(2) Where a Private Prosecution is instituted in place of a Public Prosecution, the Office of the Public Prosecutor shall fully cooperate with the association in charge of the proceedings.
All criminal offenses shall be tried in the Criminal Court before a Judge with a panel of Jury to give a verdict of “Guilty” or “Not guilty”:
(1) The Jury shall be composed of twelve impartial Citizens drawn randomly from the Electoral Register.
(2) The Jury shall determine the facts and render the verdict according to the law under the direction of the Judge.
(3) The Jury shall deliberate in camera and shall not be required to disclose reasons behind the verdict or be reprimanded for it.
(4) The Jury shall, under all circumstances, retain the unequivocal right to acquit and shall be informed of this right; such acquittal shall be final.
(5) The Jury shall reach its decisions with no fewer than eleven votes.
(6) Should the Jury not be able to render a verdict with eleven votes within reasonable time, the Judge shall order retrial with a newly appointed Jury; such retrial shall be considered to be a continuation of the original proceedings.
(7) The Jury shall render the verdict free from any form of coercion; the Judge may order sequestration of the Jurors should it be required for the independence of the Jury.
(8) All defendants who have been convicted by the Jury shall be sentenced by the Judge as prescribed by law.
(9) The Criminal Court may exercise jurisdiction over international crimes provided it has been conferred upon it by law and only if the accused is within the jurisdiction of Arkonia.
(10) The Criminal Court shall have the power to issue Warrants as prescribed by this Constitution and injunctions and other orders as prescribed by law.
Any civil and criminal proceedings shall be preceded by a Preliminary Hearing held by one Judge of the relevant Court:
(1) A defendant at a Preliminary Hearing shall enter his or her positions in relation to the claim or prosecution brought against him or her.
(2) The Judge at a Preliminary Hearing shall have the power to issue preliminary Warrants and Orders within the powers of the relevant Court which shall be re-viewable at a full trial.
(3) The Judge at a Preliminary Hearing shall review the prima facie validity of the claim or prosecution and shall dismiss the case before it proceeds to a full trial where:
(a) no probable cause has been proven to the satisfaction of the Court;
(b) he or she is satisfied that the claim or prosecution would be contrary to the Constitution;
(c) defendant's procedural rights as laid down in the Constitution or any laws passed in accordance therewith have been violated and such a violation has prejudiced his or her case.
(4) Should a claim or a prosecution be dismissed as frivolous at a Preliminary Hearing, the plaintiff or the prosecutor shall ordinarily be ordered to cover all reasonable expenses of the defendant connected to his or her legal defense as well as all court fees unless there is compelling reason otherwise.
No special commission, tribunal or court not recognized by this Constitution shall be established by the Public Administration.
All powers, and restrictions placed thereon, of the Civil Court and the Criminal Court shall equally apply to the Supreme Court upon appeals from such Courts.
All parties to any trial before any Court of Arkonia shall be given a fair hearing in accordance with the rules of natural justice before a verdict is rendered.
Access to any Court of Arkonia shall not be impeded by any excessive formal, financial or other requirements.
SECTION III
The Judicial power shall extend to all cases in law and equity arising under this Constitution, and the laws which shall be made by its authority; and to all treaties made, or which shall be made, under their authority, but not rules, interpretations, guidances, bulletins, circulars, or other administrative Alueetment or action of any type or form; to all cases affecting Ambassadors, other public Ministers, or Consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which Arkonia shall be a party; to controversies between two or more Alueets; between a Alueet and citizens of another Alueet; between the citizens of different Alueets; between the citizens of the same Alueet claiming under grants of different Alueets; and between a Alueet or the citizens thereof and foreign Alueets, citizens, or subjects.
The judicial Power shall also extend to 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 Arkonia shall be a Party;—to Controversies between two or more Alueets;—between a Alueet and Citizens of another Alueet; —between Citizens of different Alueets, —between Citizens of the same Alueet claiming Lands under Grants of different Alueets, and between a Alueet, or the Citizens thereof, and foreign Alueets,
Citizens or Subjects.
The Judicial power of Arkonia shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of Arkonia by Citizens of another Alueet, or by Citizens or Subjects of any Foreign Alueet.
The District Courts of each Alueet shall have original jurisdiction over all cases occurring within the limits of their respective districts, with such exceptions, and under such regulations, as the Congress may make.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a Alueet 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.
Appeals may be made from the District Courts of the Alueets to the Supreme Courts of the Alueets, and from the Supreme Courts of the Alueets to the Supreme Court of Arkonia, in all cases where the Supreme Courts of the Alueets are not a unit, under such rules and regulations as shall be prescribed by Congress.
At each level of appeal a case shall first be heard by a randomly selected panel of three, appealable to a randomly selected panel of nine, and thence appealable to either a randomly selected or en banc panel of twenty-seven, depending on the number of judges assigned to that court.
Judges settle all disputes regarding the competence of the authorities. No one seeking a ruling thereon can, however, temporarily evade obeying an order from the authorities by submitting the matter for a judicial decision.
Laws for the punishment of crime shall be founded on these principles: protection of Society, personal responsibility, accountability for one’s actions, and reformation.
Every proposed law must include a citation of the Constitutional clause that empowers government to engage in or order the action of said law.
The judicial decisions in every court of Arkonia and of every Alueet shall be made under the Common Law terms and rules of due process and construction in effect in Arkonia that do not conflict with this Constitution or statutes enacted within its authority.
In any case or controversy arising under the Constitution, statutes, or treaties of Arkonia, of which a court of Arkonia or of any Alueet has jurisdiction, the rules of decision shall be supplied by the relevant texts of the Constitution, statutes, or treaties of Arkonia, taken in context and understood according to the original public meaning of the language used at the time of the adoption, enactment, or ratification of the provision(s) involved.
If a court of Arkonia or of any Alueet, in a case or controversy where the Constitution, statutes, or treaties of Arkonia supplies a rule of decision, determines that a prior judicial interpretation of a provision of the Constitution of Arkonia, or of a statute or treaty of Arkonia, is contrary to or at variance with said provision, the relevant provision of the Constitution, statute or treaty of Arkonia shall supply the rule of decision, not the prior judicial interpretation contrary to or at variance with such provision, provided however, that inferior federal courts and Alueet courts shall follow the interpretation of the Constitution, statutes, and treaties of Arkonia set forth by the Supreme Court of Arkonia; Nothing in this provision shall be construed to repeal or alter any statute prescribing the jurisdiction of any court of Arkonia; to invalidate or reopen any final judgment or decree rendered in any case or controversy by any court; or to prescribe the result to be reached in any case or controversy in any court; [provided, however, that no judgment, decree, opinion, or order issued in violation of this provision shall be considered binding on the Prime Minister of Arkonia or on the Congress of Arkonia in the exercise of their constitutional responsibilities.] The constitutionality and interpretation of this provision shall be governed by the interpretive principles set forth in this provision. If any part of this provision is held unconstitutional, the remaining parts of the provision shall be considered severable.
The Courts may declare Statutes void for being inconsistent with the Constitution. The supreme Court may declare a federal Statute void only if two-thirds or more of the Justices concur.
Only Arkonian citizens or those arrested or detained under Arkonian jurisdiction have the right for their case to be heard in Arkonian civilian courts. Unlawful enemy combatants fall under the jurisdiction of military tribunals, and can never have access to the civilian courts. No citizen shall be denied the right of access to the courts.
National and Alueet laws passed under this constitution shall also provide for the education, hiring, and budgets for a pro bono bar of legal representatives who shall specialize in and provide free confidential assistance for each area of the law, being available through material and electronic means, for answering the queries of the People for legal aid, to communicate appeals and petitions, and to assist those asking for advice or consultation.
Judicial officers shall consist of all Persons sworn to duty in a court of Arkonia or subdivisions thereof, including but not limited to court Prime Ministers, judges, magistrates, clerks, bailiffs, attorneys, witnesses, trial jurors, or recorders.
Subsequently appointed Prime Ministers, judges, magistrates, and clerks shall not be appointed permanently to a particular court, but periodically reassigned to courts and cases by sortition, with Prime Ministers or judges reassigned at random to courts each year, and at random to cases, other officials other than jurors assigned to courts for up to four years, and trial jurors selected at random to each case.
Intervenors in cases who argue in defense of the Constitution shall not be excluded or impeded, in trial or appeal, in the courtroom or outside it, or in presenting legal arguments to juries.
Any multi-member judicial panel must be unanimous to sustain a claimed power of government against the claim of a citizen that the government lacks such power. If there is any doubt concerning whether an official has a delegated power, the presumption shall be that they do not. Courts shall not defer to the judgment of legislative or executive officials, but shall require strict proof of their findings or authority, with a presumption of non-authority.
Opinions of all courts, majority, concurring, or dissenting, shall be signed by each judicial officer participating, and all decisions and opinions shall be published except for Alueet secrets. The summary, findings, orders, and commentary shall be clearly separated and labeled as such.
No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every Person shall have remedy by due course of law for injury done them in their Person, property, or reputation.
No governmental Representative shall be precluded from taking part in any legislative vote by virtue of being detained prior to their trial; no judge of any Court of Arkonia shall be detained on suspicion of any criminal offense unless with an express consent of the Chief Justice of the Supreme Court, or if unable to reach or incapacitated, any other Justice of the Supreme Court.
A crime, whether under the laws of Arkonia or a Alueet, shall be considered to have been committed at the point in space and time where mens rea and actus reus concur, not where the harm is caused. Territorial jurisdiction for treason, piracy, and offenses against the Law of Nations is not confined to the territory of Arkonia, but personal jurisdiction for treason is confined to Arkonia citizens.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the Alueet where the said Crimes shall have been committed; but when not committed within any Alueet, the Trial shall be at such Place or Places as the Congress may by Law have directed.
A Person charged in any Alueet with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another Alueet, shall on Demand of the executive Authority of the Alueet from which they fled, be delivered up, to be removed to the Alueet having Jurisdiction of the Crime.
SECTION IV
Law enforcement have explicit duties and obligations to investigate complaints, protect and serve the general public, preserve safety and promote the welfare of all people, and to enforce all laws within their jurisdiction. They must take an oath to protect and serve their community, to uphold the laws of their jurisdiction, as well as to preserve and defend the constitution. The motto of law enforcement is "To protect and serve". Their mission is "To provide a safe and secure environment for all residents and visitors; to seek, understand and address the underlying issues that lead to calls for service; To accomplish these goals through community involvement policing along with an aggressive enforcement of the laws within their jurisdiction; Collaborative efforts and enhanced problem solving techniques to improve the quality of life for residents and enhancing the experience of visitors; Law enforcement will fulfill their mission by protecting and serving in a compassionate, patient, and courteous manner with integrity, honesty, accountability, and loyalty to the people served".
Law enforcement must take active charge and exercise independent judgment in dealing with unusual, serious, or dangerous situations, exercising safety practices and procedures. They must be able to work under stressful, high risk conditions.
Law enforcement may patrol public areas for the purpose of observing possible criminal activity or other conditions that could endanger public safety. They shall investigate and report fires or other related events; keep bystanders out of danger; and safeguard property.
Law enforcement shall watch for wanted or missing persons and lost children, and report stray animals as necessary.
Law enforcement are expected to answer questions asked by the general public and refer the public to people or agencies which can provide further assistance as required.
Law enforcement must attend required periodic training sessions and seminars.
Law enforcement must take basic life preservation training including cardiopulmonary resuscitation; Law enforcement are supposed to within their ability, save lives, such as rendering first aid to the injured or aiding in the public defense for emergency situations.
Law enforcement will be trained in self-defense and weapons safety. They must maintain a required level of proficiency in the use of weapons, and evasive action along with driving skills. They must maintain weapons and equipment in functional and presentable condition.
Law enforcement must participate in required physical fitness activities.
Law enforcement shall record information concerning events that took place during tour of duty, and record such activity in the manner as prescribed by the department in accordance with the legislature.
Law enforcement may transport mental patients and prisoners to prescribed locations as necessary. They shall account for and transport evidence coming into custody.
The primary power of arrest shall lie with Agents of Law Enforcement; in the absence of any such Agent, in exigent circumstances or pursuant to a public arrest warrant, a Person may be arrested by any Citizen or other Resident of Arkonia for so long as reasonably necessary to allow an Agent of Law Enforcement to take custody of the detainee.
The powers of arrest in Arkonia shall not be exercised arbitrarily but only upon probable cause that the detainee has committed or is committing a criminal offense, or that they have been made, or is soon to be made, a subject of a Court Order regarding a medical isolation on the account of a highly contagious and deadly disease, an in-house care of a Minor, an institutionalization in a mental health facility, deportation proceedings or committal to prison for a breach of a Court order, and as such, is to be brought to trial or to the disposition of the appropriate authorities or the Court respectively.
Every law enforcement officer is bound to execute the penal warrants given to them to execute. They may summon to their assistance, either in writing or orally, any of the citizens of the neighborhood or county to assist in the execution of such warrants. The acts of the citizens formed as a posse by such officer shall be subject to the same protection and consequences as official acts.
Agents of Law Enforcement executing arrests shall act openly and shall inform the detainee about the relevant rights they enjoy under this Constitution and any laws passed in accordance therewith; where a Person is placed under arrest, Agents of Law Enforcement shall immediately inform their close ones as prescribed by law about the detention.
Law enforcement who fail to meet these criteria will be subject to penalties including fines and/or criminal charges.
SECTION V
Any Person under reasonable suspicion by a medical practitioner of being infected with any highly contagious and deadly disease shall be subject to medical isolation pursuant to an Order of the Civil Court for such time as they remain a serious threat to the health or life of others.
No Person shall be declared to be lacking mental capacity unless by an Order issued by the Civil Court on application of a medical practitioner under relevant law; all Persons declared to be lacking mental capacity shall be appointed a legal Guardian by the Court and, should they pose a threat to themselves or others, may be committed to a mental health institution pursuant to a Court Order; any Order declaring a Person to be lacking mental capacity shall automatically expire within two years; after the expiration such a Person shall be deemed to have regained mental capacity unless the Court renews its order; the relevance of any Order in such matter may be challenged by the Person concerned or their legal Guardian once in every six months before it expires.
Any Person under reasonable suspicion by law enforcement or a psychological practitioner of being mentally ill and posing an obvious danger to society shall be subject to psychological evaluation and potentially detainment or institutionalization in a mental health facility pursuant to an Order of the Civil Court for such time as they remain a serious threat to the safety or life of others. No Person shall be declared to be mentally ill and pose an obvious danger to society unless by an Order issued by the Civil Court on the application of and/or in conjunction with the testimony of a psychological practitioner under relevant law; all Persons declared to be mentally ill and posing an obvious danger to society shall be appointed a legal Guardian by the Court and, should they pose a threat to themselves or others, may be committed to a mental health institution pursuant to a Court Order; any Order declaring a Person to be mentally ill and pose an obvious danger to society shall automatically expire within two years; after the expiration such a Person shall be deemed to have regained mental health unless the Court renews its order; the relevance of any Order in such matter may be challenged by the Person concerned or their legal Guardian once in every six months before it expires.
SECTION VI
The criminal justice system shall practice restorative justice in criminal justice processes; Practices and programs reflecting restorative purposes shall respond to crime by identifying and taking steps to repair harm, involving all stakeholders, and, transforming the relationship between communities and their governments in responding to crime.
No Person shall be convicted, sentenced, or imprisoned without due process of law. Sentences need not be excessive, but should be proportional and reflect upon the specific needs of protection for the public against criminal transgressors.
Legislators must provide evidence establishing that lesser punishments will not satisfy penological objectives. Mandatory punishments are prohibited. Courts must have discretion to alter punishments based on individual circumstances.
Federal and Alueet legislation shall set forth time frames whose periods prescribed consist a statute of limitations where affected parties must take action to enforce rights, seek penalties under law and seek redress after injury or damage.
No Person shall have their physical liberty restricted unless pursuant to a decision of the Courts of Arkonia in the following circumstances:
(1) Upon a conviction in the Criminal Court by the Jury;
(2) Upon an Order of the Civil Court committing a Person lacking mental capacity to a mental health institution;
(3) Upon an Order of the Civil Court providing for medical isolation of a Person suspected of being infected with any highly contagious and deadly disease;
(4) Upon an Order of the Civil Court committing a Minor to an in-house care;
(5) Upon an Order of the Civil Court providing for further detention of a Resident pending deportation proceedings;
(6) Upon a decision of any Court to commit any Person to prison for no more than seven days for a contempt of court committed either by disruption of judicial proceedings or by disobeying a Court order.
(7) Should such Person disobey the same order of a Court more than once, he or she shall be tried in a regular manner for a criminal offense as regulated by law and not limited to a seven-day imprisonment.
(8) Nothing in this provision shall affect the powers of arrest, short-term detention of a Resident pending deportation proceedings, or sequestration of Jurors as enumerated in this Constitution.
No Individual shall be compelled to identify theirself to any Agent of the Public Administration, unless upon valid arrest, probable cause of a violation of the law, pursuant to a Warrant, Court order, or subpoena.
All warrants and arrests shall be executed in a non-violent manner as is reasonably possible, in preservation of health and life, and shall not injure People or animals, or damage property, in accordance with the mutual non-aggression principle.
No Person shall be detained without trial for more than twenty-four hours otherwise than in pursuit of a Warrant and no Warrants shall be issued, but upon probable cause, supported by appropriate order and unless it is absolutely necessary for the protection of others, and no detention in pursuit of such a Warrant shall be longer than it is absolutely necessary to bring an accused to trial.
All Warrants for the purposes of criminal proceedings shall be issued by a Judge of the Criminal Court upon request by an Agent of Law Enforcement and shall be supported by evidence of probable cause; such Warrants shall be as detailed as possible and shall refer to one Person only; every Warrant granted for a continuous action shall expire no later than after six months and may only be renewed by another Judge in accordance with ordinary procedure; any Person subject to a Warrant shall be informed without delay of its execution or, in case of a Warrant for a continuous action, once such Warrant has expired and is not renewed.
The right of the People to be secure in their Persons, medical and psychological information/records, papers, homes, effects, electronic data, and private communications, from unreasonable stops, searches, seizures, and storage, without a warrant; and no warrant to search any place, or seize any Person or thing, or access electronic data or communications, shall issue without particularly describing the place to be searched, or the Person or thing to be seized, tracked, or put under surveillance, or the data or communication to be accessed, as nearly as may be; nor without probable cause, supported by written oath or affirmation. Neither Congress nor the several Alueets shall pass any law abridging or infringing the right of the People to encrypt their documents and effects.
No information pursued in an investigation or otherwise obtained under a warrant, may request access to and/or scan or search and/or seize, the neural pathways; which include but are not limited to the biological or electronic brain and neuronal apparatus of an Individual; No warrant may be issued requesting to access, scan, search, seize, or otherwise access a neuronet or Artificial Intelligence directly trained by brain-machine interface, neuronal-machine interface, or electro-physiological apparatus.
No warrant is required for a search or seizure if consent is given by a person reasonably believed by an officer to have authority to give such consent. Law enforcement may stop a suspect so long as there is a reasonable suspicion of a criminal act and the officer can articulate facts leading to that suspicion; If there is reason to believe that the person may be armed and dangerous, law enforcement can also frisk the suspect. A search incident to lawful arrest does not require issuance of a warrant; If someone is lawfully arrested, the law enforcement may search her person and any area surrounding the person that is within reach (within their “wingspan”). No warrant is required to seize evidence in plain view if law enforcement are legitimately in the location from which the evidence can be viewed. A warrant is not required to search vehicles/crafts if law enforcement have probable cause to believe the vehicle contains evidence of a crime, the instrumentalities of crime, contraband, or the fruits of a crime, whether the vehicle/craft is moving or already stopped. Evidence that can be easily moved, destroyed or otherwise made to disappear before a warrant can be issued may be seized without a warrant; Furthermore, if a suspect enters private property while being pursued by officers, no warrant is required to enter that property in order to continue pursuit, even if the suspect is in no way connected with the property owner.
Evidence must conform to a number of rules and restrictions to be admissible, as prescribed by law.
A plaintiff who makes false statements to an official or otherwise manufactures charges, shall be held criminally liable, and the defendant shall be eligible for the charges against them to be dropped, expunged, or pardoned. An individual giving testimony who knowingly makes false statements to an official or otherwise gives false information, shall be held criminally liable.
No Person shall be subject to the determination of guilt based on the testimony of another Person's feelings, religious/spiritual convictions, or dreams.
Where evidence is found to be illegally obtained, those who obtained such evidence shall be subjected to criminal prosecution.
The Victim of an alleged criminal offense shall have the inherent right to institute a Private Prosecution of an accused Person:
(1) The Private Prosecution may be instituted by the Victim in person or by appointed Proxy on their behalf.
(2) Proxy may be any legal or natural Person expressly appointed by the Victim, whether inter vivos or in a last will, to be in charge of the prosecution in question.
(3) Should the Victim be a Minor or a Person lacking mental capacity, their legal Guardian shall be deemed to be a Proxy unless they are involved in the commission of the relevant offense in which case a Public Prosecution may be instituted.
(4) The Victim or appointed Proxy may request the Office of the Public Prosecutor to institute a Public Prosecution free of charge on their behalf in which case the Office of the Public Prosecutor shall be under obligation to institute such prosecution where evidence is sufficient.
(5) Where a Public Prosecution is instituted on behalf of the Victim or the Proxy, they shall have the right:
(a) to be notified about the schedule of the judicial proceedings;
(b) to address the Criminal Court before the sentence is determined;
(c) to be advised of release from custody or escape of the defendant.
The rights of victims of violent crime, being capable of protection without denying the constitutional rights of those accused of victimizing them, are hereby established and shall not be denied by any Alueet or Arkonia and may be restricted only as provided in this provision. A victim of violent crime shall have the right to reasonable and timely notice of any public proceeding involving the crime and of any release or escape of the accused; the rights not to be excluded from such public proceeding and reasonably to be heard at public release, plea, sentencing, reprieve, and pardon proceedings; and the right to adjudicative decisions that duly consider the victim's safety, interest in avoiding unreasonable delay, and just and timely claims to restitution from the offender. These rights shall not be restricted except when and to the degree dictated by a substantial interest in public safety or the administration of criminal justice, or by compelling necessity. Nothing in this provision shall be construed to provide grounds for a new trial or to authorize any claim for damages. Only the victim or the victim's lawful representative may assert the rights established by this provision, and no Person accused of the crime may obtain any form of relief hereunder. Congress and each Alueet shall have power to enforce by appropriate legislation the provisions of this article. Nothing in this article shall affect the Prime Minister's authority to grant reprieves or pardons.
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 armed forces, when in actual service in time of War or public danger.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the Alueet and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; in any event, no Person shall be convicted of a criminal offense later than a year after a Warrant permitting the detention of such Person was executed in connection with that offense; should said Person escape or allegedly commit any subsequent criminal offense, a new Warrant for custody may be issued.
In criminal cases, the People shall have the right to the following:
(1) to a speedy and public trial;
(2) to trial by an impartial jury composed of twelve Citizens;
(3) to be informed of nature and cause of the accusation;
(4) to confront witnesses and to compel witnesses to appear in court;
(5) to the assistance of legal counsel free of charge where appropriate;
(6) to be presumed innocent until proven guilty;
(7) not to be compelled to be a witness against himself or herself;
(8) not be deprived Life, Liberty, Privacy, Freedom, or Property, without due process of law.
All Persons held by any Agent or any body of the Public Administration against their will under any circumstances whatsoever shall have the right to petition the Criminal Court for a writ of habeas corpus.
All Persons held against their will by the Public Administration under any circumstances whatsoever shall have the right to be assisted by effective legal counsel and an interpreter, should they not speak the language of interrogation or court proceedings, and in case of trial, to have reasonable time for the preparation of their case; services of a counsel and an interpreter shall be contracted personally or, in criminal proceedings where a Person is not able to afford it, they shall be provided by the Secretary of the Judiciary with the possibility to subsequently recover reasonable expenses should a defendant be convicted and the verdict not be overturned by the Supreme Court.
An accused who does not speak the language in which the criminal proceedings are conducted shall be provided without expense with the services of an interpreter.
No Person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall they be detained without adequate cause; and upon demand of any Person such cause must be immediately shown in open court in their presence and the presence of their counsel.
Legal professional privilege and common interest doctrine shall be prescribed by law.
Work-product doctrine shall be prescribed by law.
The ability of an inmate to communicate to a attorney in confidence/privilege, appeal, petition, and their right to vote, shall not be infringed.
The law shall define and ensure adequate protection of the secrecy of legal proceedings.
In order to guarantee the principle of equality, the law shall regulate the cases when justice shall be free of cost.
The law shall establish a procedure so that the detained may request the court to decide about the lawfulness of the detention. Likewise the law shall establish the procedure to restore the impaired fundamental rights of any Person under detention.
Prosecutors may not seek higher Penalties, nor may Judges impose higher Penalties, when Defendants exercise their Right to a jury Trial.
No law shall retroactively change the legal consequences or status of actions omissions that have been already committed, or relationships that already existed, before the enactment of said law.
No Person shall be subject for the same offense to be twice put in jeopardy of a penalty.
Any question of which court, National, Alueet, or Local, shall have jurisdiction, shall be decided by a grand jury of citizens selected at random, if possible, from outside the jurisdictions of the courts in contention.
In all suits of law, 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 Arkonia, than according to the rules of the Common Law.
No Person shall be unreasonably impeded from access to a randomly selected grand jury of twenty-four, who, if they should return an indictment or presentment, may appoint that Person or any other to prosecute the case, and shall decide which court, if any, has jurisdiction, and whether any Person shall have official immunity from suit.
In all trials in which there are mixed questions of law and fact, including all criminal jury trials, and all jury trials in which government officials or agents, whether general, Alueet, or Local, shall be a party, parties shall have the right not to have decisions by the bench on questions of law made before all arguments can be made before the jury, excepting only arguments on defense motions in limine that cannot be made without disclosing evidence properly excluded. Jurors shall receive copies of all applicable constitutions, statutes, court precedents, and legal arguments, including those of intervenors and amici curiae, and access to an adequate law library in which they can do research.
The jury shall have the power to judge the law in all instances in which the government or any of its agencies is an opposing party.
All defendants in criminal proceedings shall have the right to attend Court proceedings, to be informed of criminal charges and of their rights, to compel witnesses to appear in Court for examination, and to examine all evidence gathered against them, including any information which has been classified as a Alueet secret should the Prosecution wish to employ such evidence; in such cases, the proceedings shall take place in camera and all Persons involved shall take an oath of secrecy for the period the relevant information remains classified.
All defendants in criminal proceedings shall have the right to be presumed innocent until proven guilty and to not be compelled to be a witness against himself or herself, or such other Persons as may be prescribed by law, without any negative inference; the Prosecution shall at all times carry the legal burden of proof, discharged beyond reasonable doubt, in relation to the defendant's guilt, including disproving any defense envisaged by the law which they might raise; nothing in this provision shall prevent the creation of defenses which require the defendant to discharge the evidential burden of proof by raising the issue of defense available to them.
The right to release from custody, prior to conviction beyond a reasonable doubt, is a clear and important liberty interest. Pre-trial detention is permitted only upon the government showing, by clear and convincing evidence, that the defendant poses a serious risk of flight or threat of substantial criminal wrongdoing. Pretrial release conditions shall be narrowly tailored to secure attendance at trial or the prevention of crime. Only Alueet agents may assess and administer financial sureties; and counsel for the indigent shall be available prior to any determination of pre-trial detention.
Excessive bail shall not be required, nor excessive fines imposed, nor excessive terms of incarceration, nor any other excessive form of criminal punishment, nor cruel and unusual punishments inflicted.
Forfeiture of property or estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden. There shall be proportionality between magnitude of felony and the severity of forfeiture of property or estate. No person charged with a crime shall be compelled to pay costs before a judgment of conviction has become final. A person not found guilty of a crime shall not be assessed fees or costs to recover property seized as evidence or otherwise held, impounded, or stored by the government.
No torture or cruel or degrading treatment shall be inflicted by any Agent or Member of any branch of the Public Administration or under the supervision or approval thereof against any Person; nor shall any Person be rendered to any Alueet or group should there be a reasonable suspicion that the aforementioned may inflict such treatment on such Person; nor shall any experiments, medical or otherwise, be conducted against any Person without their express and informed consent; no Individual shall be medically examined or otherwise tested unless pursuant to a Warrant or with the Individual's express and informed consent.
The prohibition on the infliction of cruel and unusual punishment requires that neither the Alueet nor the National government shall impose the death penalty or place individuals in prolonged solitary confinement. Further, no person, whether citizen or not and whether held awaiting trial, convicted, or in detention for other reasons, shall be subjected to cruel, unusual, or degrading treatment that violates human dignity or is degrading to mental health. When determining whether such a breach is or has taken place, all branches of the government shall consider evolving standards, both national and international, of human decency.
No Person shall either before or after trial be held incommunicado.
Officers of the law, while on active duty, such as issuing and executing a warrant or placing an arrest, shall need to wear a reasonably affixed body mounted camera, when available, and there shall be a microphone present as well, which shall record audio and video simultaneously and never be turned off while they are required; nothing in this provision shall be construed as to allow for general surveillance by the Public Administration.
No Agent of the Public Administration shall operate undercover without a Warrant, and such Warrant shall specify the purposes for which it was issued; no Agent whilst executing a Warrant shall exceed the scope of the authority expressly granted therein, nor shall any Agent acting undercover use any method of entrapment to obtain evidence incriminating any Person; once the function for which the Warrant was issued has been carried into effect or abandoned, the Agent shall disclose to the Court issuing the Warrant a full report of all actions undertaken and evidence gathered whilst acting undercover; no evidence obtained pursuant to a Warrant permitting an Agent to act undercover shall be admissible against any Person unless the aforementioned report and all evidence is disclosed to that Person and to the Court.
A Person who has been arrested, detained, imprisoned, tried, or sentenced either illegally or in error or contrary to law or the Constitution shall have the right to fair compensation for the whole period of incarceration; all Persons placed under a valid arrest who have their charges subsequently dropped or dismissed at a Preliminary Hearing shall have the right to fair compensation for any and all days spent incarcerated from the twenty-fourth hour of detention onwards; such compensation shall be paid by the Secretariat of the Judiciary; Persons wrongfully convicted shall have a separate right to fair compensation as prescribed by law. Any detention, imprisonment, or sentence, tried and/or held illegally, shall result in the pubic official/s being punished.
Convicted criminals shall not have their liberty restricted except so far as is necessary for the protection of others, nor their property seized except so far as it is necessary to make restitution to the victim and/or to pay the costs of the criminal's capture and trial.
Neither Arkonia nor any Alueet shall deprive any organization, institution, business, firm, corporation, or other commercial or artificial entity of property without due process of law; nor deny any organization, institution, business, firm, corporation, or other commercial or artificial entity the equal protection of laws applicable to other organization, institution, business, firm, corporation, or other commercial or artificial entities similarly situated.
There shall be no imprisonment for debt, except in case of fraud or absconding debtors.
No Person shall be convicted of an illegal disclosure of classified information if that piece of information proves or could be reasonably believed to be proving that any member of any branch of the Public Administration has breached, remains in breach or intends to breach the law.
A Person shall not be determined to be an unprivileged enemy belligerent or be detained without trial by an impartial jury; no Individual may be detained under criminal charges without trial by impartial jury for the articles Relative to the Treatment of Prisoners of War determined as Individuals hostile against Arkonia or its coalition partners in which an Individual has engaged, or which the Individual has purposely and materially supported, are subjects consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.
No Person shall be detained or interrogated by any Agent of the Public Administration outside the jurisdiction of Arkonia.
No private warden institution may manage inmates nor open a prison-mate labor camp. Management of inmates and prison institutions are turned over to the Individual powers of the Alueets respectively.
No internment or concentration camp may be used for the imprisonment or confinement of People.
Inmates in jail or prison shall have medical, psychological, educational, and rehabilitative services available to them at the inmates discretion.
Inmates in jail or prison shall have available to them a library of law provided by the Alueet or Federal warden institution and among the documents available to them shall be the constitutions and Common Laws of the world.
The claim and exercise of a constitutional right cannot be converted into a crime.
SECTION VII
Whoever, having knowledge of the actual commission of a felony cognizable by a court of Arkonia, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under Arkonia, shall be charged with “misprision of a felony”, and fined or imprisoned not more than three years, or both. Confidentiality must be ensured for an individual who supplies information about the commission of a felony and desires confidentiality.
Whoever, knowing that an offense against Arkonia has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent their apprehension, trial, or punishment, is an accessory after the fact. Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be fined not more than one-half the maximum fine prescribed for the punishment of the principal or imprisoned not more than one-half the maximum term of imprisonment, or both; or if the principal is punishable by life imprisonment, the accessory shall be imprisoned not more than fifteen years.
Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of Arkonia by any person to a criminal investigator shall be fined or imprisoned, or both.
SECTION VIII
Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Armed Forces as a Posse Comitatus or otherwise to execute the laws is guilty of committing a felony and shall be imprisoned not less than five years and fined under this provision; and shall be incapable of holding any office under Arkonia.
All Members and Agents of the Public Administration convicted of the criminal offense of acting in breach of the Constitution or of any law relevant to the position held shall cease to hold their current positions and shall no longer be eligible to hold any public office or to be employed by the Public Administration.
SECTION IX
The law of trusts as of the date of ratification of this Constitution is hereby recognized as part of the Common Law that preceded this Constitution and was incorporated into it. The settlor, trustee, beneficiary, and the trust itself shall each be deemed as distinct Persons in any court of law of Arkonia and any Alueet, the trust represented therein by the trustee.
Any claim against a non-Person must specify an owner, even if it is initially an unknown owner, and the last possessor shall be presumed the owner unless title to another is proved. No asset shall be forfeited except to pay a lawful fine, imposed by verdict of a jury, by selling at public auction.
SECTION X
Treason against Arkonia, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort, passing/ratification of any bill without reading fully in every word before which it shall have passed, and those politicians convicted of corruption. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act on Confession in open Court.
All members of the public body convicted of corruption shall face the same punishments as are with other forms of treason; Harsh fines and penalties shall be lobbied against the individuals or groups benefiting from their malfeasance.
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.
ARTICLE VII
SECTION I
All members of the public body who witness or have knowledge of any misconduct, crime, or corruption, regardless of its seriousness, are obligated to intervene by at minimum alerting the appropriate authority as soon as possible, consistent with applicable rules; Confidentiality must be ensured for any member of the public body who supplies information about any misconduct, crime, or corruption and desires confidentiality; Any member of the public body who fails to report misconduct, crime, or corruption they have witnessed or have knowledge of to the appropriate authority, upon the discovery of this fact, the individual who who committed the criminal act in question if known will be brought before the appropriate authority, and the individual who withheld such information shall be subject to disciplinary action; Members of the public body shall be subject to immediate un-revocable termination of their official authority and duty as well as employment for not reporting criminal acts, and as appropriately determined by the judiciary may potentially be subject to additional fines and/or incarceration; Relevant individuals must receive fair and consistent discipline when deserved, along with recognition and positive reinforcement for behavior consistent with sustaining a positive culture.
SECTION II
Each Alueet shall establish an independent non-partisan commission to investigate affairs internal to the public administration in consideration of policies and positions of National, Alueet, and Local government, such as auditing, corruption, law enforcement and military personnel behavior and brutality, and treatment of detainees and prisoners. Conduction of investigations by the commission and their findings shall be open and public.
ARTICLE VIII
All persons born, or who shall have been, or shall hereafter be, naturalized in Arkonia, and subject to the jurisdiction thereof, are citizens of Arkonia, and of the Alueet wherein they reside. All Persons may choose to become citizens of Arkonia through the process of naturalization, and multiple-citizenship status is permitted. No Alueet shall make or enforce any law which shall abridge the privileges or immunities of citizens of Arkonia; nor shall any Alueet deprive any Person of Life, Liberty, Privacy, Freedom, Self-security and Self-defense, Property, and the pursuit of Happiness, without due process of law; nor deny to any Person within its jurisdiction the equal protection of the laws.
No Citizen shall be deprived of their citizenship under any circumstances, nor shall they be extradited to another nation's jurisdiction against their will.
The citizens of Arkonia shall consist of two classes, to wit: Adult citizens and Minor citizens. Adult citizens shall consist of all citizens who shall have attained to the age of eighteen years and upward. Minor citizens shall consist of all citizens who shall not have attained the age of eighteen years.
All Arkonia citizens and nationals, as well as all non-citizens while they are on the national soil of Arkonia, except for duly certified foreign diplomats, are subject to this Constitution and constitutional laws as well as the laws under the territory or Alueet in which they reside, and shall be deemed as having taken a oath or affirmation to "Preserve, protect, and defend the Constitution of Arkonia against all enemies, foreign or domestic, to the best of their ability".
ARTICLE IX
Citizens who are considered Tribal Natives are entitled to rights of tribal and territorial sovereignty, Treaty Rights, Reserved Rights Doctrine, and a Trust Relationship wherein the National government of Arkonia has a duty to protect the tribes provided the courts have necessary legislative and executive authorities to effect that duty.
Treaties with Native Tribes shall be honored, either with the original land taken from them being returned to them, land of equivalent value deeded to them, or money equal in current value to the land taken paid to them. Conveyance or payment shall be to a trust for each tribe controlled by that tribe. Administrative supervision of tribes shall be terminated.
All Nationally recognized Arkonian Native tribes are forever sovereign, defined by their treaty or other legal relationship to Arkonia, with rights to decide their own government and laws, and to enforce those laws on all residents and visitors within their territory.
All Arkonian Native tribes have permanent and absolute rights to their current reservation lands, forever. All Alueet lands, or lands reacquired by Arkonian Native tribes, that are within these tribes’ historically recognized boundaries, or protected by treaty, will be part of their reservations. All sacred sites of Nationally recognized Arkonian Native tribes shall be returned immediately, or protected by Alueet partnership if requested by tribes.
ARTICLE X
SECTION I
Full Faith and Credit shall be given in each Alueet to the public Acts, Records, and judicial Proceedings of every other Alueet, and the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Each Alueet shall be free and independent, treated as a sovereign entity subject only to the Constitution of Arkonia, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of Local self-government, unimpaired to all the Alueets.
Each Alueet in the Union shall respectively retain every power, jurisdiction, and right, which is not by this Constitution delegated to the Congress of Arkonia or to the departments of the National government.
For purposes of representation in the Congress, election of the Prime Minister and Speaker of the House, and article IX of this Constitution, the District constituting the seat of government of Arkonia shall be treated as though it were a Alueet. The exercise of the rights and powers conferred under this provision shall be by the People of the District constituting the seat of government, and as shall be provided by the Congress.
SECTION II
The powers, duties, and responsibilities of the Legislative, Executive, and Judicial branches shall be prescribed by the constitution of their Alueet.
Each Alueet shall assign through the legislature, Counties and within them Districts which may be further divided into Municipalities, to hold Local, Alueet, and Federal votes and/or elections. Each District will be multi-member. The legislature of each Alueet is prohibited from gerrymandering Districts.
SECTION III
Each Alueet shall have exclusive power to regulate commerce and license commercial entities that take place within the jurisdiction of their Alueet.
Each Alueet shall have the power to lay and collect taxes on incomes, from whatever source derived.
Each Alueet shall establish a Department of Revenue, charged with administering the Alueet's Tax laws and collection of Alueet Taxes; Every district and county shall retain the same powers as the Alueet to establish a Department of Revenue and administer Local Tax laws and collection of Local taxes.
Each Alueet shall establish a Department of Finance, to serve as the fiscal policy advisory and to promote long term economic sustainability and responsible resource allocation.
Each Alueet shall establish a Department of Expenditures.
Each Alueet shall establish their respective Alueet banks, and all Alueet and Local money shall be deposited therein. The Alueet bank will loan and invest its funds exclusively within their Alueet, and shall prioritize sustainable development and enhancing the welfare of all Alueet residents. The Alueet bank shall accept business and personal deposit accounts. All records of the Alueet bank shall be open and public. The right of citizens to establish private banks and financial services is guaranteed, though those institutions shall be regulated by the legislation of Congress and each Alueet.
Each Alueet shall establish a Department of Commerce, concerned with promoting economic growth. Among its tasks are gathering economic and demographic data for business and government decision-making, and helping to set industrial standards. This organization's main purpose is to create jobs, promote economic growth, encourage sustainable development and improve standards of living for all Alueet residents. The mission of the department is to "promote job creation and improved living standards for all Alueet residents by creating an infrastructure that promotes economic growth, technological competitiveness, and sustainable development, and to foster, promote, and develop the national and Alueet commerce."
Each Alueet shall establish a Department of Statistics, to serve as the central statistical authority on primary data collection in their Alueet by conducting censuses on different sectors of the Alueets' economy such as population, housing, agriculture, fisheries and business. It shall collect, compile, analyze, and publish statistical information on economic, social, demographic, political affairs and general affairs of the people of the Alueet.
Each Alueet shall establish a Department of Internal Improvements.
Each Alueet shall establish a Department of Transportation, which will establish and manage public resources of roads, waterways, aerospace, and outer space, and grant or deny commercial licenses upon request after review. It shall be under the authority of the People to grant or limit the use of such [vehicular/craft] technologies or regulations implemented by the government, and no government agent deploy such technology except as needed to properly execute the laws of the union. The right of the People to travel the public ways of roads, waterways, aerospace, and the [terra nullius] way of outer space shall not be obstructed nor retarded or rescinded, neither any provision interactive to this one be obscured in such a way as to impact the ability of a Person coming and going as they decide in their own private manner. The right of People to establish private transportation services is guaranteed.
Each Alueet shall establish a Department of Research, Science, Engineering, and Technology, to organize and facilitate activities into laboratory programs that include nano-scale research as well as science and technology including chemicals and molecules, radioactive material research as well as science and technology, hardware and software research as well as engineering and technology, information research and technology, vehicle/craft and robotic/drone research as well as engineering and technology.
Each Alueet shall establish a Department of Open-Source Projects and Information, to support, fund, manage, and maintain open-source projects of interest for the government and general public and maintain a public repository of open-source information, and to issue open-source licenses used by individuals and artificial entities.
Each Alueet shall establish a Department of Public Broadcasting, responsible for administering recorded and live analog and digital radio, analog and digital television, and streaming internet programs, with the intention of spreading impartial objective and non-deceptive public information, including but not limited to Local, Alueet, National, and Global news, and general information about history, as well as to articulating current research by researchers, scientific theories as well as [current] Alueet of scientific discovery and progress by scientists, engineering projects and feats by engineers, [current] Alueet as well as development of technology, and futurist predictions by credible authorities, information about and recommendations for open-source projects to investigate as well as hardware and software to use and/or own, general and weapon safety as well as self defense training courses, and public safety and emergency announcements. The department of public broadcasting will work with inter-agency and inter-Alueet departments as deemed reasonable and mutually agreeable by the legislature of each Alueet. The right of People to establish private broadcasting services is guaranteed.
Each Alueet shall establish a Department of Public Education, responsible for administering programs that deal with education, public information, and libraries. The Department of Public Education shall be in charge of enforcing education law as well as providing for regulation and funding to the programs that is administers.
Each Alueet shall establish a Department of Health and Human Services, responsible for administering programs that deal with health, welfare, health information technology, protecting the health of all Alueet residents, and providing essential human services. The mission of the Department of Health and Human Services is "to help provide the building blocks that Alueet residents need to live healthy, successful lives."
Each Alueet shall establish a Social Security Administration to alleviate the hazards of old age, unemployment, illness and dependency, to raise revenue, and for other purposes, for the benefit of Citizens.
Each Alueet shall establish welfare programs and services for Individuals and Families of zero to low income who are Citizens and Residents of that Alueet.
Each Alueet shall establish a Bureau of Land Management, to regulate and manage the use of public land. The mission of the Bureau of Land Management is "to sustain the health, diversity, and productivity of the public lands for the use and enjoyment of present and future generations."
Each Alueet shall establish a Department of Agriculture and Horticulture, responsible for developing and executing Alueet laws related to farming and agriculture, horticulture and forestry, and food. The Department of Agriculture and Horticulture aims to meet the needs of farmers and ranchers, promote agricultural and horticultural trade and production, work to assure food and cultivated drug safety, protect natural resources, foster rural communities, and to end hunger in their Alueet.
Each Alueet shall establish a Food and Drug Administration, responsible for regulating, licensing, testing, labeling, certifying, assure food and drug safety, and ensuring the purity of food and drugs.
Each Alueet shall establish a Bureau of Poisons, Toxins, and Hazardous materials, responsible for regulating, licensing, labeling, and controlling access to poisons, toxins, and hazardous materials, to license Individuals, research organizations, scientific and medical institutions, and commercial entities, to access, use, manufacture, trade, and buy or sell poisons, toxins, and hazardous materials, and enact restrictions on their use.
Each Alueet shall establish Alueetwide programs and centers for re-cycling along with waste management facilities, for glass, metal, paper, plastic, electronics, compost, and other wastes. The right of People to establish private recycling and waste management services is guaranteed.
Each Alueet shall establish an Environmental Protection Agency, to maintain the government's responsibilities to the earth in protecting the rights of nature and the habitability of the planet.
Each Alueet shall establish a Nuclear Regulatory Commission, to strictly regulate, to control access to radioactive matter, to license Individuals, research organizations, scientific and medical institutions, and commercial entities, to access, use, manufacture, trade, and buy or sell radioactive matter, and enact restrictions on their use.
Each Alueet shall establish a Bureau of Biological and Chemical Agents, to strictly regulate and control access to biological and chemical agents, to license Individuals, research organizations, scientific and medical institutions, and commercial entities, to access, use, manufacture, trade, and buy or sell biological and chemical agents, and enact restrictions on their use.
Each Alueet shall establish a Department of Reformatory and Criminal Labor.
In each District of each Alueet, an election for an office of sheriffs shall take place every two years, where each Sheriff shall appoint their Deputies, with a term of two years and a limit of four terms per Sheriff and four terms per Deputy, to protect and serve the Constitution and the People, to serve warrants and place arrests, to enforce the laws of each Alueet, and to serve as Warden to inmates. Each Alueet shall provide funds to their respective district sheriff offices. It is the duty of sheriffs and their deputies to defend the People and the Constitution of Arkonia. Sheriffs and their Deputies are public servants and shall serve as officers of the law.
Each Alueet respectively shall have the power to provide for organizing, arming and disciplining it's own Militia, whensoever Congress shall omit or neglect to provide for the same. That the Militia shall not be subject to Martial law, except when in actual service, shall be subject only to such fines, penalties and punishments as shall be directed or inflicted by the laws of its own Alueet.
Each year every member of Alueet legislation shall spend at least one consecutive day and night in a standard cell inside a randomly selected Alueet prison that is located inside their Alueet.
No Alueet shall make any law that applies to the citizens in their Alueet that does not apply equally to the Members of the government in their Alueet; and, each Alueet shall make no law that applies to the Members of the government in their Alueet that does not apply equally to the citizens of their Alueet.
The Alueet legislatures are empowered to veto the Federal legislature.
The Legislatures of the Alueets shall have authority to abrogate any provision of federal act or law issued by the Congress, Prime Minister, or Administrative Agencies of Arkonia, whether in the form of a statute, decree, order, regulation, rule, opinion, decision, or other form. Such abrogation shall be effective when the Legislatures of three-fifths of the Alueets approve a resolution declaring the same provision or provisions of federal law to be abrogated. No government entity or official may take any action to enforce a provision of federal law after it is abrogated according to this provision. Any action to enforce a provision of abrogated federal law may be enjoined by a federal or Alueet court of general jurisdiction in the Alueet where the enforcement action occurs, and costs and attorney fees of such injunction shall be awarded against the entity or official attempting to enforce the abrogated provision. Any provision of law or regulation of Arkonia may be repealed by the several Alueets, and such repeal shall be effective when the legislatures of two-thirds of the several Alueets approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed.
The Federal union, upon the terms and for the purposes specified in its compact with the several Alueets, shall be conducive to the liberty and happiness of the members in their compact; The several Alueets composing Arkonia are not united on the principle of unlimited submission to their general government; but that, by compact, under the style and title of a Constitution for Arkonia, and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving, each Alueet to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are un-authoritative, void, and of no force; The government created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress; Those who administer the general government shall not be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the Alueet governments, and the erection upon their ruins, of a general consolidated government, which will be the inevitable consequence; Nullification, through judgment by the sovereignties of the several Alueets, of all unauthorized acts done under colour of the instrument of government, shall be the rightful remedy; The commonwealth of Arkonia does declare, that acts, laws, and actions, which are in their opinion, palpable violations of the constitution, may be nullified by the sovereignties of the Alueets; Each Alueet is unequivocally attached to the Union, and to that compact, agreeable to its obvious and real intention, will be among the last to seek its dissolution; Although the commonwealth is a party to the Federal compact and will follow to the laws of the Union, it does at the same time declare, that it will not now, nor ever hereafter, cease to oppose in a constitutional manner, every attempt from what quarter soever offered, to violate the compact of the Union.
SECTION IV
The Governor shall serve as head of the executive branch of each Alueet. The powers, duties, and responsibilities of the Governor shall be prescribed by the constitution of their Alueet.
The Governor may mobilize and direct the Alueet guard or defense force and/or the militia in response to Alueet emergencies, invasion, attack, or rebellion.
SECTION V
The powers, duties, and responsibilities of the Judiciary shall be prescribed by the constitution of their Alueet.
SECTION VI
The Citizens of each Alueet shall be entitled to all the Privileges and Immunities of Citizens in and of each Alueet, including, among other privileges, to bear true allegiance to the Constitution and the laws of Arkonia, and to be protected in Life, Liberty, Freedom, Self-security and Self-defense, Privacy, Property, and the pursuit of Happiness
SECTION VII
New Alueets may be admitted by the Congress into this Union; but no new Alueet shall be formed or erected within the Jurisdiction of any other Alueet, nor any Alueet be formed by the Junction of two or more Alueets, or Parts of Alueets, without the Consent of the Legislatures of the Alueets concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to Arkonia; and nothing in this Constitution shall be so construed as to Prejudice any Claims of Arkonia, or of any particular Alueet.
Congressional Districts shall be determined regionally, across Alueet Lines.
No provision of this Constitution, shall be construed to provide any Alueet, Alueet agency, or Alueet officer with an immunity from liability for violating any act of Congress, or any provision of this Constitution.
SECTION VIII
Arkonia shall guarantee to every Alueet in this Union a Constitutional Social Democratic Republican form of government, and shall protect each of them against Invasion and Attack; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
ARTICLE XI
SECTION I
The People of all Alueets have the sole and exclusive right of governing themselves, as a free, sovereign and independent Alueet; and to alter and abolish their Constitution and form of government whenever they may deem it necessary to their safety and happiness, provided, such change be not repugnant to the Constitution of Arkonia.
All Persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing, and protecting property; and of seeking and obtaining their safety, health, and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.
All persons are entitled to the full and unrestrained use of all their natural and acquired powers and capacities; but such use by the individual, or by aggregations of individuals, shall never extend to infringement upon, or abridgment of, the same use in other persons.
The community has the right, under this Constitution, to organize and maintain government, by which every individual shall be protected in the exercise of personal rights, and prevented from interfering with those of others. But by organizing government the people shall surrender no rights.
The Universal Declaration of Human Rights is binding in Arkonia, except as prescribed otherwise by this Constitution.
All of the People shall be respected as Individuals. Everyone shall possess the right to Life, Liberty, Freedom, Self-security and Self-defense, Privacy, Property, and the pursuit of Happiness, and nobody under any circumstance shall be circumvented from one's rights. Their right to Life, Liberty, Freedom, Self-security and Self-defense, Privacy, Property, and the pursuit of Happiness, shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.
The People shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the People by this Constitution shall be conferred upon the People of this and future generations as eternal and inviolate rights.
The freedoms and rights guaranteed to the People by this Constitution shall be maintained by the constant endeavor of the People, who shall refrain from any abuse of these freedoms and rights, and shall always be responsible for utilizing them for the public welfare.
Human life shall be inviolable. The dignity of the human being is inviolable. Every Person's moral and physical integrity shall be inviolable.
The ultimate human dignity to determine the time, place, and manner of one's death shall not be denied or abridged by Arkonia or by any Territory, District, or Alueet.
All People are equal before the law. They have equal public rights and duties. There can be no discrimination between them in that regard.
Everyone in Arkonia shall enjoy rights and freedoms, regardless of age, sex, gender, sexual orientation, color, race, ancestry, nationality or place of origin, language, marital or familial status, spirituality/religion, political or ideological beliefs, intelligence, education, capability or disability, previous condition of servitude, property, economic situation, social origin, social circumstances, social condition/status or other characteristics, or other personal background.
No one shall be privileged, favored, prejudiced, deprived of any right or exempted from any duty on the basis of age, sex, gender, sexual orientation, color, race, ancestry, nationality or place of origin, language, marital or familial status, spirituality/religion, political or ideological beliefs, intelligence, education, capability or disability, previous condition of servitude, property, economic situation, social origin, social circumstances, social condition/status or other characteristics, or other personal background.
No law shall be passed granting to any citizen or class of citizens privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
All People have a natural right to Life. Part of the natural right to Life natural right to Self-security and Self-defense as well as to voluntarily secure or defend or aid in the security or defense of others. The right of Life along with Self-security and Self-defense goes as far as the right to procreate and to treat and resist one's own illnesses and to potentially have another Person voluntarily assist in treating one's illnesses, as well as the right to end one's life such as euthanasia (this also covers suicide) or to re-initiate one's life such as resurrection (also covers porting of consciousness/awareness into a clone or other surrogate).
All People have a natural right to Liberty/Freedom. Every Person is free to do that which they will, provided that they infringe not the equal freedom of any other Person. All people have the right to self-determination and autonomy.
All People have a natural right to the pursuit of Happiness. Ideally, anybody can pursue the path they choose to embark upon, to their own peril, and to change the path they embark upon, to their own peril. This also covers not suffering or being inflicted any cruel or unusual punishment.
The right of dissent and freedom from governance shall [additionally] allow a Person to renounce citizenship of any nationality, including that of Arkonia, without sacrificing their Natural Rights or being denied the rule of natural justice, adhering to a perpetual guarantee of mutual non-aggression.
The right of asylum shall be guaranteed to foreigners and stateless Persons who are the object, or are under grave threat, of persecution as a result of their activities in favor of democracy and republicanism, social and national liberation, peace among Peoples, and freedom or rights of the human Person.
Congress and the several Alueets shall make no law respecting an establishment of spirituality/religion, or prohibiting the free exercise thereof; or abridging or infringing upon the freedom of choice, speech, or of the press; or the right of the People peaceably to assemble, to instruct their representatives, and to petition the government for a redress of grievances. The rights of electoral participation and political association are fundamental; Political choices and competition are primary interests of the citizenry.
The government may not burden a person's exercise of spirituality/religion unless it can prove that relieving the burden would seriously impair an important governmental interest. Any law targeting a particular spirituality/religion is per se unconstitutional.
No money raised by taxation in Congress or any Alueet for the support of public schools, or derived from any public fund therefore, nor any public lands devoted thereto, shall ever be under the control of any religious sect, nor shall any money so raised or lands so devoted be divided between religious sects or denominations.
No religious organization shall receive any privileges from the Alueet, nor exercise any political authority.
The right to spiritual/religious belief and spiritual/religious practice shall not be denied or abridged, except in the case of violation of the law, and through due process of law. At the same time, spirituality/religion and spiritual/religious practice may not be used to carry out exploitation and to accumulate private capital, in violation of the law, or to engage in violation of the law in some other way; nor may spiritual/religious Persons, groups, or institutions be granted rights or privileges which do not apply to the People in this Republic in general; Spiritual/religious institutions and organizations are expected to pay taxes unless they do not make any profits, as defined and provided by law.
The right to not practice spirituality/religion or hold spiritual/religious beliefs, and to propagate atheism, shall also be upheld.
No Person shall be compelled to take part in any spiritual/religious act, celebration, rite, ritual, or practice.
The separation of spirituality/religion and the State shall be applied, upheld, and enforced; Spiritual/religious gatherings, institutions, affiliates are not allowed to be involved in political activity, including participating in, or intervening in (including the publishing or distributing of statements), a political campaign on behalf of [or in opposition to] any candidate for public office, and endorsing or opposing and advocating or protesting legislation; No governmental body, member, or representative of the government, may advocate, promote, or propagate spirituality/religion, nor on the other hand suppress or restrict spiritual/religious belief and practice, except in accordance with provisions here and elsewhere in this Constitution and laws in conformity with this Constitution; No functions of the Alueet or of the law may be performed in the name of spirituality/religion or by persons or institutions invoking spiritual/religious authority; These provisions shall be upheld, so far as they do not to interfere or disparage the right of an Individual Person to do the same in an un-affiliated or un-official capacity.
Equality of rights under the law shall not be denied or abridged by Arkonia or by any Alueet on account of age, sex, gender, sexual orientation, color, race, ancestry, nationality or place of origin, language, marital or familial status, spirituality/religion, political or ideological beliefs, intelligence, education, capability or disability, previous condition of servitude, property, economic situation, social origin, social circumstances, social condition/status or other characteristics, or other personal background. Congress and each Alueet shall have the power to enforce this provision by appropriate legislation.
Nobody may be discriminated against; Neither the government nor any Person, organization, institution, business, firm, corporation, or other commercial or artificial entity shall discriminate against any Person in the exercise of their Natural, Civil, or Political rights on account of age, sex, gender, sexual orientation, color, race, ancestry, nationality or place of origin, language, marital or familial status, spirituality/religion, political or ideological beliefs, intelligence, education, capability or disability, previous condition of servitude, property, economic situation, social origin, social circumstances, social condition/status or other characteristics, or other personal background.
Freedom of thought, conscience, and expression shall not be violated. Everyone has the right to freedom of opinion and belief. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.
No Person shall be compelled to participate in any patriotic act, celebration, rite, ritual, or practice.
The natural right of a Person to be naked in view of or within a public or private place shall be upheld. A Person commits an act of public indecency if while in, or in view of, a public place the Person performs a sexual act or exposes oneself with intent of arousing the sexual desire of the Person or another Person.
Every citizen shall have the right to government issued identification and passport.
No law shall restrict the free movement of any Individual within Arkonia; all Individuals shall have the right to reside in any part of Arkonia. Citizens have the right to freedom of movement and residence within the borders of each Alueet.
Everyone has the right to leave any country, including one's own, and to return to one's country.
All travelers are guaranteed the right to travel without fear of threat, violence, or harm.
A Arkonia citizen cannot be barred from entering Arkonia nor expelled there from. The rights of aliens to enter and reside in Arkonia, and the reasons for which they may be expelled, shall be laid down by law.
Freedom of all Persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.
The right of the People to travel unrestricted upon the public ways, international ways, and terra nullius, of the land, waterway/sea, aerospace, or outer space, and to transport their property thereon, either by horse, carriage, automobile, boat, airship, or other vehicle/craft, is not a mere privilege which may be prohibited or permitted at will, but a common right which they have under the right to Life, Liberty, Freedom, Self-security and Self-defense, Privacy, Property, and the pursuit of Happiness. The legislature has no power to deny to a citizen the right to travel upon the public ways and transport their property in the ordinary course of their business, inclination, or pleasure, though this right may be regulated in accordance with the public interest and convenience. A license, plate or 'tags', vehicle identification number, registration, title or certificate of ownership, or insurance, are not a legal requirement of private citizens, it is however a requirement of commercial entities.
The use of all roadways and waterways necessary to promote the transportation of the raw products of mine or farm or forest or water for beneficial use or drainage is necessary to the development and welfare of the Alueet and is declared a public use.
Every Individual shall have the right of access to public property and services in strict equality of all Persons before the law.
Everyone has the right to have access to adequate housing; Each Alueet must take reasonable legislative and other measures, within their available resources, to achieve the progressive realization of this right.
There shall be no curfew enforced within the territories of Arkonia, unless under martial law.
Everyone shall enjoy freedom from interference with privacy, home, and family life.
It is the duty of a legal guardian to raise their child with autonomy, to the age of eighteen, which is the age of majority; A Person who is at least sixteen years of age may submit to the Alueet court an entry for their judgment of emancipation.
No Person shall have their child taken into care, nor shall their custody rights be restricted in relation to the child, unless pursuant to an Order of the Civil Court on application of the appropriate body of the Public Administration supported by clear and convincing evidence of serious physical or psychological abuse of the child; nothing in this provision shall prevent the Court from issuing orders regulating custody rights upon request of one of the parents upon separation in accordance with the law.
For children, the law shall guarantee the protection and care which is necessary for their well-being.
Persons sixteen years of age or older may register in the armed forces, but shall not see combat until at they are least eighteen years of age.
Congress shall have power to limit, regulate, and prohibit the labor of Persons under eighteen years of age. The power of each Alueet is unimpaired by this provision except that the operation of Alueet laws shall be suspended to the extent necessary to give effect to legislation enacted by the Congress.
Businesses, corporations, firms, institutions, and other commercial or artificial entities are prohibited from forming monopolies, monopsonies, and oligopolies.
Public businesses, corporations, firms, institutions, and other commercial or artificial entities traded on a public exchange shall not pay executives a multiple greater than twelve of the average salary of all non-executive employees; Bonuses for executives and employees shall be of an identical percentage of base salary; There shall be no difference in the health care benefits, retirement benefits, severance packages, etc..., as they shall all be identical as a percentage of base salary; These executive pay limitations/restrictions shall not apply to private corporations that are not traded on public exchanges.
Everyone shall possess the right to work.
Everyone has the right to fair labor practices.
In fairness and equality of employability, potential workers and employees shall not have to indicate on their employment forms any previous legal history or criminal charges nor have a background check be a legal requirement by their employer, unless employed in a position requiring public trust.
Citizens who seek to perform labor shall be granted an equal opportunity for employment and are ensured the right to wages at fair compensation. Congress and each Alueet shall have the power to enforce this provision by appropriate legislation.
Each Alueet shall guarantee for every worker the right to fair pay of a living wage, vacation, retirement and social security, health care, protection against occupational hazards, and the application of occupational safety conditions in the workplace, in accordance with the law.
Wage labor in the Commonwealth must be compensated with living wages adequate for a worker and dependents to afford basic housing, food, utilities, and private health care, laying the ground for reduced working hours and job sharing, as well as establishing a long term financial savings. Rights of workers to organize, for safety in the workplace, and for collective bargaining, must be protected. Rights of whistleblowers to share information about things that endanger society, in both private and public enterprise, must be supported.
Everyone shall possess the right to freely choose their trade, occupation, profession or type of work, subject only to such restrictions as the law may impose in the collective interest, or as are inherent to their own capabilities.
Work is a right, duty, and honor for every citizen, guaranteed by the Alueet on the basis of the principles of equality, justice, and equal opportunities.
Residents need opportunities to connect with work that helps their community and its environment, as apprentices, volunteers, or employees at living wages. On the job training, public service projects, and other enterprises with social benefit should be encouraged by government agencies and the private sector, as well as by residents.
College attendance should not be a requirement for many jobs. Alueet-supported colleges should provide for specialized learning or serve as a platform for professional education. For those who seek it, higher education and research opportunities, as well as professional training, must be made available without incurring debt for tuition.
Workers shall be free to form and operate trade unions and councils as a condition and guarantee of the building of their unity in defense of their rights and interests.
Standards for wages, hours, rest and other working conditions shall be fixed by law.
The right of People to negotiate terms of employment and other labor-related matters shall be regulated by law.
Striking peacefully is a right which is organized by law.
Workers may not be dismissed except in those situations that are set out by law.
Employers, upon written request, shall be legally obligated to allow employees to review their personnel file a minimum of two times per year.
Public sector employees work in the service of the People. The Alueet employs citizens on the basis of merit, without nepotism or mediation. Every citizen shall have the right of equal access to the public service of their country. Any violation of the foregoing is a crime punishable by law.
Every citizen shall possess the equal and free right to apply to join the Public Administration, as a general rule by means of a competitive recruitment process.
Every citizen shall possess the right to participate freely in political life, the direction of the country's public affairs, and in the government of their country, either directly or via freely elected representatives in accordance with the provisions of the law.
All adult citizens may launch or sign popular initiatives and requests for referendums in National, Alueet, and Local matters.
The process of a citizen initiative requires 5.555555555555 percent of the overall number of Citizens registered to vote at the time of the last General Election to sign the initiative.
The process of a citizen referendum requires 5.555555555555 percent of the overall number of Citizens registered to vote at the time of the last General Election to sign the referendum.
The People have the inalienable right to choose their public officials and to dismiss them.
Universal adult suffrage is guaranteed with regard to the election of public officials.
All elections shall be free and open; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
A voluntary political quiz will be available to voters to help them discover what candidate, issues, or laws they support or oppose; The results of such political quiz shall remain confidential.
In all elections and votes cast, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice they have made.
The right of citizens of Arkonia who are the age twelve or older to vote in any primary or other election for Prime Minister or Speaker of the House, for Senator or Representative in Congress, for Judges of the Supreme Court and such inferior courts of Arkonia and the several Alueets, or for the Executive or Legislative branches of their Alueet, shall not be denied or abridged by Arkonia and any Alueet or territory thereof, by the account of age, sex, gender, sexual orientation, color, race, ancestry, nationality or place of origin, language, marital or familial status, spirituality/religion, political or ideological beliefs, intelligence, education, capability or disability, previous condition of servitude, property, economic situation, social circumstances, social status or other characteristics, other personal background, or through reason of failure to pay poll tax or other tax.
The voting age is lowered to ten for any Arkonia citizen proving their maturity by holding a job or living on their own.
The right to participate in and vote for initiatives, referenda, and elections shall not be infringed; All citizens twelve or older and eligible citizens ten or older have the right to vote and Congress as well as each Alueet are empowered to enforce that right.
The right to vote for public initiatives, referenda, and elections belongs only to natural Persons as Arkonia citizens, so shall the ability to make contributions and expenditures to influence the outcome of public elections belong only to natural Persons as Arkonia citizens.
Political parties shall be considered as entities of public interest. The legislation shall specify the norms and requirements for their legal registry and their participation in the electoral process, as well as their rights, duties and prerogatives entitled to them.
All votes of the People for any primary or other election shall be by popular vote directly cast into a Ranked Choice Voting system, also known as Instant Runoff or FairVote, with a two-round system which shall consist of primary and alternative votes, wherein majority rules; To cast a proxy vote, the principal shall appoint someone as their proxy, by authorizing them to cast or secure their vote in their stead. The proxy must be trusted by the principal. Principals may nominate an official of their chosen party as their proxy. Any votes cast by the principal automatically overrides any conflicting vote/s cast by the proxy; Neither the voter/principal or proxy if selected may trade, sell, or exchange their voting power in return for any form of remuneration or compensation; In the case of unmarked ballots or ballots where indications for selection have been unmarked shall not construe representation of votes which may or not have been cast; It shall be required of all Federal, Alueet, and Local ballots have a verifiable paper trail; The results of any election shall be published in the national register for the public to observe; All votes cast shall be permanently recorded and made available to the general public for review after they are anonymized to protect the identity of individuals.
All citizens eligible to vote shall be entered into an automatic voter registration system. Proof of citizenship through government issued identification is required of all voters. Voting days shall be national holidays, with a paid day off for workers only with proof of voting.
Any law with the outcome, even unintended, of making voting more difficult shall be immediately void. Any official who deliberately or unintentionally makes voting more difficult shall be immediately removed and their decisions voided and actions reversed. Deliberately blocking others from voting, blocking voting recounts, and voter fraud shall always be prosecuted and punished as a felony.
Campaign contributors shall be subject to disclosure of information, which such disclosure of information on spending on campaigns will ensure open and secure elections, and such information shall be open and public. Congress and each Alueet shall have the power to enforce this provision by appropriate legislation.
Arkonia citizens are allowed to make voluntary contributions (non-tax "payments") to the government, allocating their contribution to government departments and programs as they see fit, and optionally towards reducing the debt of the Nation and/or their Alueet, if such debt exists.
Public participation is a right of all Arkonia citizens, and is strongly encouraged; This includes participation in public policy making, planning and development, budgeting, as well as environmental and sustainability issues.
The right of citizens of Arkonia to online access for their effective and informed participation in government is self evident. Both the National and Alueet government/s of Arkonia shall provide every citizen with convenient local online access to the proceedings, records, files, papers, calendars, and official communications of all branches of government to the full extent consistent with the national security interests and the personal privacy rights of individuals. Such means as may be necessary to prevent abuse and fraud shall be employed in these public networks for the conduct of voting, citizen initiatives, and referenda so as to support the widest unfettered secure access to every citizen by using current technology. Congress and each Alueet shall take such action as may be required to encourage maximum participation in government by the citizenry, and to ensure full and open disclosure of the government to the public.
Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.
All proposed legislation shall be reviewed and commented upon by a citizen's assembly.
The People of Arkonia reserve the right to veto or repeal acts, legislation, and regulations of Federal, Alueet, and Local legislature, or departments or agencies thereof, upon ratification of a two-thirds majority of Alueet legislatures of each Alueet, by conventions in two-thirds thereof, or through referendum by a simple majority of the People thereof.
Legislature and other government officials are prohibited from tampering or repealing laws created by the voters without further requiring three-fourths vote from a citizens referendum to amend measure, to supersede measure, or to transfer funds designated by the measure, and only if each furthers the purpose of the measure.
Every Person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any Person be in any way discriminated against for sponsoring such a petition.
A minor who commits sexual assault or homicide such as molestation or rape and manslaughter or murder may be charged as an adult from the age of twelve onwards. The Individual will be housed in a juvenile correctional facility until they reach the age of eighteen, thereafter they will be transferred to an adult correctional facility, if in conformity with their sentence.
Considering the age of consent, it shall be from birth on upwards to fourteen where within two years and one day; From the of age fourteen and upwards, it shall be within four years and one day; From the age of sixteen and upwards, it shall be within six years and one day; The age ranges are to be upheld for a legally accepted consensual act of sex between mutually consenting partners who are youth engaged in sexual activity, so long as it is within the prescribed age ranges, occurs without provocation or molestation by another who is above the legal consensual age ranges, and is not otherwise non-consensual, including but not limited to an act of predatory sexual assault or rape. Pornography of Persons under eighteen is prohibited; Prostitution of Persons under eighteen is prohibited. Rights are reserved to the People to consent to each-other in a sexual nature. The legislature of each Alueet shall define the penalties of consensual age violation and crimes of sex.
A peace officer, a parole officer, an official of a correctional facility or juvenile facility, an employee of a correctional facility or juvenile facility, a person other than an employee who works for compensation at a correctional facility or juvenile facility, or a volunteer at a correctional facility or juvenile facility, commits an offense if the person intentionally engages in sexual conduct or a sexual performance with an individual in custody or a parolee, or while the officer is on duty.
No law shall abridge the right of Persons to the control of their own bodies, nor interfere with voluntary consensual or contractual relations among adult Persons, or the right to form cooperative ventures of any kind. No law shall establish or regulate the institution of marriage.
The right to voluntary trade, exchange, and contract shall not be restricted, including the freedom between parties to chose and transact in mutually acceptable currencies.
No law shall interfere with the validity or content of any contract made exclusively between Individuals or legal entities; nor shall any law mandate or forbid any Individual to enter into contractual relations with any other Individual or legal entity, or any body of the Public Administration, nor shall it provide any financial incentive in that respect; nothing in this provision shall prevent the Courts from modifying any contract in order to, and insofar as to, give effect to the provisions of this Constitution; nor shall the Congress be prevented from establishing general rules governing the creation and interpretation of contracts.
Notwithstanding any provision of this Constitution, the Courts of Arkonia, or any body charged with arbitration proceedings, shall not enforce any contract for a permanent service, sexual services, a transfer of parental rights, a restraint of trade, a participation in a criminal offense, euthanasia, or a marriage; in cases of contracts for a specific performance, should the performing Person refuse to comply with the terms of such a contract, it may, where appropriate, be enforced by way of financial restitution instead.
All forms of oppression, exploitation, and sex trafficking, are prohibited and criminalized by law. Congress and each Alueet shall have the power to enforce this provision by appropriate legislation.
People have the right to be in control of their own body and to know the origin or source, processes by which they are elaborated and rendered, constituents, safety information or health effects, or environmental impact of the products they consume or come in contact with, including but not limited to, water and food as well as drugs, cosmetics and household chemicals or similar products. It shall be the duty of the Alueets, within the Department of Agriculture and Horticulture, Food and Drug Administration, and the Environmental Protection agency, as well as any other department, administration, agency, or bureau appointed through the legislature of each Alueet, to regulate, enforce, as well as fulfill duties of testing and ensuring the purity of commercial water and food as well as drug products, classify and approve or prohibit additives to water, food, drugs, and cosmetics, labeling ingredients and nutritional information such as pH and mineral content as well as the number of servings of water products, labeling ingredient and nutritional information as well as the number of servings and available serving sizes of food products, labeling ingredients and dosage of drug products, labeling of certain household products, batch identification and genome sequencing of genetically modified organisms, and to provide official certifications for products such as their being natural and/or organic, renewable/sustainable, environmentally friendly and/or green, maintaining a database of consumer products which contains all relevant information, as well as any other duties assigned by the Alueet legislature. The right of Individuals to establish private certification and testing services is guaranteed.
Consumers shall possess the right to the good quality of the goods and services consumed, to training and information, to the protection of health, safety and their economic interests, and to reparation for damages.
Congress and the several Alueets shall make no law that imposes a tax, fee, or penalty on a failure to purchase goods or services.
Congress and the several Alueets shall pass no legislation or enact a bill that grants a bailout or stimulus package to a Person, organization, institution, business, firm, corporation, or other commercial or artificial entity.
Businesses and commercial entities must include tax in their price listings.
Advertising shall be regulated by law and all forms of concealed, indirect, or fraudulent advertising shall be prohibited.
All forms of subliminal messaging are prohibited except under the express and informed consent of an Individual who is seeking personal therapy or other purpose constituting fair use, in regards to the Individual Person seeking Life, Liberty, and the pursuit of Happiness, nor shall any such purpose be construed for the deployment by a member of the public body, branch of public office, government hired contractor, or private investigator, on any of the People residing or migrating within the territories of Arkonia, including within a governmental facility or any jurisdictional fort or installation.
Gambling is legal for all Persons eighteen or older; Gambling institutions shall be regulated and licensed through the Legislature of each Alueet. The Alueets may operate gambling institutions for funding the Alueet budget and for the benefit of the general public. The People have a right to establish gambling institutions.
The manufacture, sale, or transportation of psychoactive substances within, the importation thereof into or the exportation thereof from Arkonia and all territory subject to the jurisdiction thereof for consumption purposes are legal for use by Persons who are eighteen or older, by minors with a qualifying medical or psychological condition who are undergoing treatment provided they have legal guardian consent, by those aged fourteen or older provided they have legal guardian presence and consent or are in the presence of someone who is eighteen or older with authorization/permission from the legal guardian, or by those aged eight or older who are partaking in a spiritual or religious practice or rite provided they have guardian presence and consent or are in the presence of someone who is eighteen or older with authorization/permission from their legal guardian, however the legal guardian and the potential authorized/permitted party are legally liable under child endangerment laws if the child uses psychoactive substances to the point of inebriation or becomes ill due to the psychoactive substance/s consumed. Personal use of substances controlled by the Food and Drug Administration, including the organic parent sources, raw or dry material or preparations thereof, and also the extracts of any drug related compounds found within living organisms, without a license are not unlawful and shall not be an offense. Personal use of substances includes but is not limited to; Possessing, using or consuming, displaying, purchasing, or transporting drug accessories or personal amounts of psychoactive substances; Possessing, growing, processing, or transporting personal amounts of drug producing organisms, and possession of the psychoactive substances produced by them; Transfer of personal amounts of psychoactive substances without remuneration to a Person who is eighteen or older or authorized to possess them; Assisting another Person who is eighteen or older or authorized in any way described as personal use of psychoactive substances. The manufacture, sale, or transportation of psychoactive related natural or synthetic compounds are to be licensed and regulated by the Food and Drug Administration of each Alueet, who shall receive and enforce regulations of psychoactive substances through legislation passed by the Alueet legislature, and who by request and review, shall approve or deny applications for commercial psychoactive substance licenses. The Alueets shall have authority to tax the sales of psychoactive substances. The health authority, public health care facilities, and board of public education of each Alueet shall provide for rehabilitation services, safe drug clinics, and impartial public education health classes that shall provide comprehensive information about psychoactive substances as well as related regulations and laws. Each Alueet shall practice harm reduction policies. The several Alueets shall legislate the legality of using psychoactive substances in public, and considerations for areas or circumstances where their use is prohibited. The People have a right to establish vendors of drug accessories, also known as head shops; The People have a right to establish agriculture and nurseries, processors and [compound]-chemists, herbal and smart shops, as well as dispensaries and pharmacies, for the production and/or sale of psychoactive substances. Each Alueet shall have concurrent power to enforce this provision by appropriate legislation.
Psychoactive substance Producers, Traders or Retailers, and Consumers retain the Right to own, manufacture, sell, and bear arms as guaranteed to them by this Constitution.
Smoking or vaporizing any substance is prohibited within public buildings and on public transportation, except as it may be permitted by law.
No bio-receptive and/or bio-interruptive interface, bio-signaling and/or biofeedback device, mindwave monitoring and/or mindwave alteration technology, consciousness controlling transceiver, or psychotronic device, may ever be operated on any Person unless under the express and informed consent of an Individual who is in course of medical treatment, seeking personal therapy, or other purpose constituting fair use of the technology, in regards to the Individual Person seeking Life, Liberty, Freedom, Self-security and Self-defense, Privacy, Property, and the pursuit of Happiness, nor shall any such purpose be construed for the deployment by a member of the public body, branch of public office, government hired contractor, or private investigator, on any of the People residing or migrating within the territories of Arkonia, including within a governmental facility or any jurisdictional fort or installation, irregardless if there is probable cause or a warrant is issued.
The law shall guarantee for everyone the necessary assistance in case of sickness, invalidity, infirmity by reason of old age, unemployment and similar circumstances.
Free health and psychological care is guaranteed for all sectors of the population to Alueet public health and psychological services; the Alueet guarantees a rational and efficient nationwide coverage in terms of health care units and human resources. The right to establish private health and psychological services is guaranteed.
A Person may choose to be forwarded to another caretaker of their choice if necessary for an alternative opinion or course of treatment.
Patients with a qualifying medical condition may be allowed access any medical treatment with the discretion of a physician to prescribe it; "qualifying medical condition" means any condition for which medical treatment would be beneficial, as determined by the patients physician.
All Individuals shall have the right to control their own bodies and to treat their own illnesses and diseases; no Individual shall be subjected to any medical treatment without their express and informed consent absent exigent circumstances where an Individual is incapable of consenting; should life-saving experimental treatment become available at the time a Person is incapable of giving their consent, the doctors shall be allowed to apply to the Civil Court for the permission to conduct such treatment.
Minors may give consent to contraceptive services, testing and treatment for HIV and other sexually transmitted diseases, abortion in the case of rape being the pregnancies cause, prenatal care and delivery services, treatment for psychoactive substance abuse and/or addiction, and outpatient psychological care.
Consent of a minor’s legal guardian is generally required prior to the disclosure of health or psychological care information about the minor. In those circumstances when a minor legally authorized treatment without their legal guardian's consent, then only the minor can consent to the release of the information.
No Minors or those who lack mental capacity shall be subjected to any form of treatment without either the express and informed consent of their legal Guardian or with their own consent where allowed by law unless under exigent circumstances where neither the legal Guardian nor the competent patient is capable of consenting; a legal Guardian's decision shall be capable of being overridden by an Order of the Civil Court where it is proved to the satisfaction of the Civil Court that the decision in question is not in the best interest of the patient and the treatment is essential for their life or designed to prevent any serious permanent injury; no Minors or those who lack mental capacity shall be subjected to any permanent or harmful treatment which is not medically necessary.
The People have the right to be free from electro-shock therapy or other unduly hazardous procedures.
A woman's right to an abortion permits a woman to terminate her pregnancy for any reason during the first trimester. The power to regulate the circumstances under which pregnancy may be terminated after the first trimester is reserved to the Alueets. Aborted fetuses may not be used for scientific research or as a source of biological material for any other purpose, and all aborted fetuses are medical waste which is to be disposed of in a sanitary fashion. A child must be born before it has rights. A fetus or a fertilized egg does not have the same rights as someone who has been born.
No Person may be cloned or genetically modified unless the procedure has been found suitable through open scientific research, reviewed and audited by the People, through queries individually authorized for the research, regulation, audit, or review, and such specific research or regulation to take place shall be initiated through referendum, which referendum shall require a majority vote cast by the People for authorizing the specific research or regulation to be established under the powers of Congress and each Alueet, regarding the pursuit of medical treatment in illness, disease, or infertility of a Person, [and] only through the express and informed consent granted of parties involved. If an infraction of this provision occurs, victims are provided protection under this Constitution. This provision is to be upheld and maintained through the legislature of Congress and each Alueet.
A Person's body, organs, and genetics are their own, and no medical treatment issued, either through implantation or through other means integrated into the Person's physiology, when that Person becomes a debtor through either by partial-payment, credit, or other procedure which has procured a debt, may ever be repossessed, whether by any creditor or contractual repossession, nor through any other means otherwise occur, though this provision shall not affect the regulated legal acquisition of cadavers, organs, or genetics though their donor.
A dead Person is considered organic medical waste and must be disposed of in a sanitary manner, unless the body or it's organs are used for transplant or research, where remnants of the body are still subject to be finally disposed of in a sanitary manner. A body is exempt from disposal if the body is stored in an appropriate manner to be re-animated at a later time, at the prior request of the deceased; A dead Person still retains the right to privacy of consciousness, and examinations of the brain and nervous system must not attempt to extract information about a Person's consciousness or private information such as memories, except in the case of consciousness storage and/or transfer, at the prior request of the deceased, which process requires absolute confidentiality of the Individual's consciousness and memories; A violation of this provision is punishable by imprisonment in for not less than five but not exceeding ten years.
All forms of human experimentation shall be regulated by Congress and the legislature of each Alueet.
Any Person owning or controlling real estate or other premises who voluntarily damages or destroys a drone, robot, or other device or vehicle/craft located on the real estate or premises, on the land or with in the airspace of the premises not otherwise regulated by the aerospace agencies of each Alueet, shall, together with any successors in interest, if any, not be civilly or criminally liable for causing the damage or destruction to the property of such Person.
No government agency or member of the public body may deploy drones, robotic, or surveillance device except under specific circumstances; the members of the public office or agency of government may not deploy drones, robots, or other automated devices, except in the case of Alueet rescuers in search and rescue missions, or as prescribed by law and approved by citizens in a referendum for a specific purpose or goal.
People have a right to freely use the common electromagnetic spectrum and to operate their equipment thereon within the public or private domain, in accordance with the mutual non-aggression principle; This includes but is not limited to use, experimentation, or operation of oscilloscope, signal generator, radio scanner, spectrum analyzer, RF imager, scientific experiment, transmitter, receiver, transceiver, transmission array, broadcasting or communication equipment, radiotelephone, modem, computer, robot, particle accelerator, electro-laser or lamdaser, electrodynamic craft, astro-dynamic energy system, or other related device; The legislature has no power to deny to a citizen the right to use the electromagnetic spectrum in public or private domain and operate their equipment in the ordinary course of their inclination or pleasure; No government agent or agency may deploy such technology except as needed to properly execute the laws of the union, which trust shall be under the authority of the People to grant or limit the use of such technology by the government.
The use of black boxes and backdoors by the government are strictly prohibited.
No public or private communications agency or internet service provider shall collect information or data on Individuals other than which is necessary for billing or is required by a warrant, or exchange in any form of third party or foreign agency collection of information or data.
The Citizens of Arkonia shall have the access to information which relates to any aspect of the functioning of any body of any branch of the Public Administration which is not classified, and no information shall be classified unless it is absolutely necessary for the purposes of national security.
All People have a natural right to privacy. A Person's right to keep their personal lives to themselves and possibly as well to keep secrets, which is related to the right to not self-incriminate.
The right to anonymity and privacy, unless it can be shown to directly and obviously harm others or affect national security, shall not be abridged in any way. Private Individuals shall not have their private lives divulged in any form without their consent unless they commit felonies, or failure to divulge such information can be shown to affect or harm others in a direct and obvious way.
Professional-client confidentiality and privilege shall be defined by law.
In protecting the right of privacy, anonymity in public, and liberty of the People, there shall be no neighborhood watch, as such can become Cause Stalking or Gangstalking, furthermore, having such a neighborhood watch goes against the right to privacy, as well that no one can be accused without knowing the accusation and the accuser before him/her, while neighborhood watching implies a Person's guilt before proving their innocence.
The People shall be secure against general and pervasive surveillance in private and public places, whether done by government or private actors, that has a chilling effect on their private and civic activities, without specific public court orders pursuant to acts of Congress for national security. The People have a right to be protected from surveillance.
All private personal data collected by the Public Administration shall be used only for the purposes for which they were collected, shall be kept confidential and shared only with the express and informed consent of the all Persons to whom it relates, unless sharing such information is necessary for the performance of duties provided for under this Constitution; all Individuals whose data are stored by any body of the Public Administration other than Law Enforcement shall be entitled to obtain a copy of such data and require that they be destroyed if the purposes for which they were collected no longer apply; nothing in this provision shall prevent the Public Administration from storing data of Agents and Members of the Public Administration and any other natural Person contracting therewith.
No Person shall have their privacy violated by freezing of assets, searches, seizures, surveillance, accessing and gathering of their private personal information without their express and informed consent, including obtaining it from third parties or using digital means, unless pursuant to a Warrant, and only to the extent which is necessary to achieve the purpose for which the Warrant was issued and particularly describing the assets to be frozen, the places or Persons to be searched, the things or Persons to be seized, the Persons to be put under surveillance, including the maximum period of that surveillance, and the data to be obtained and stored, including the period for which it may be retained; nothing in this provision shall prevent the collection of information which has been made available to the public or shared voluntarily.
Private information on public figures cannot be divulged without their consent unless it can be shown to serve the public interest.
All citizens of Arkonia are entitled to neutrality, fair access of networks and media, and may operate an information system un-obstructed. No Person shall be subject to circumvention within their right to fair access of accurate information.
All networks established for government use will also be available for use by the general public and shall provide non-dedicated, un-censored, and un-restricted public access, as long as the network connection is accessible from a non-restricted area.
Everyone shall be guaranteed free uncensored and unrestricted access to public-use computer networks, and the law shall define both the rules that shall apply to cross-border data flows and the appropriate means for anonymizing location and identity as well as protecting personal data and such other data as may justifiably be safeguarded in the national interest.
The freedom of scientific research and education is guaranteed.
The freedom to learn and to teach is guaranteed.
All citizens are entitled to access to Alueet library institutions and free education on all levels at Alueet educational institutions. The Alueet shall provide financial assistance to those who distinguish themselves, as well as to students in need of assistance or special protection, in accordance with their abilities. The right to establish private education services is guaranteed.
All Alueet libraries and educational facilities shall have computer labs with un-censored and un-restricted wired and wireless public internet access available to them.
All Alueet libraries and educational facilities shall employ the open-source education model, as well as open-source textbooks and educational resources, “to the maximum extent possible".
Secular Alueet schools shall be available and publicly funded to deliver quality public education, encompassing a comprehensive curriculum of natural knowledge spanning millennia and imparting wisdom on scholars. The Alueets shall create a network of public education establishments that covers the needs of the whole population. Part of the curriculum taught by all Alueet schools shall be the history of Arkonia and other governments of the world throughout the ages, the Constitution of Arkonia and the laws of their Alueet, the rights of the People, and political science. Another essential part of school curriculum shall be to teach life skills, survival in the wilderness, and prepare students for successful self-sufficient adult lives. Also, language, reading, writing, research, note taking, geography, world history, world cultures, world art and art creation, geometry as well as arithmetic/math and number theory with integration into physical sciences as well as electronic and computer programming, nature of science along with science and physics, technology, electrical and mechanical design and engineering, electronic and computer programming, horticulture and agriculture, manufacturing and construction classes, as well as sociology, psychology, philosophy, critical thinking, skepticism, and reason shall be taught. In addition, school curriculum should include health and physical education, human development and sex education, self-defense and martial arts, as well as weapons safety and training by law enforcement and military personnel.
Legal guardians have a prior right to choose the kind of education that shall be given to their children.
The details of the public educational curriculum taught, methods of instruction, and the education policy shall be determined in each community by the teachers' and faculty, students', and parents' associations of each school, as well as communities and scientific institutions, without interference by Arkonia or by any Alueet, Territory, or District. Teachers, students, and parents shall possess the right to take part in the democratic management of schools, as laid down by law.
As laid down by law and without prejudice to an adequate assessment of the quality of education, universities shall autonomously draw up their own by-laws and shall enjoy scientific, pedagogical, administrative and financial autonomy. The rules governing access to university and other higher education institutions shall guarantee equal opportunities in and the democratization of the education system, and shall have due regard for the Alueet and country's needs for qualified staff, and to raising its educational, cultural and scientific level.
Armed certified security guards shall be stationed in the school office and may be stationed in classrooms, and teachers as well as all other school personnel are encouraged to conceal carry their personal firearms on school property and to use them in defense of themselves, students, staff, and other people. Digital gun safes protected by a code of at least four characters shall be available and stocked in every room with a handgun and a suitable amount of ammunition; Teachers and staff shall be permitted to bear the firearm available from the gun safe in their room and have it loaded with the available ammunition while they remain on school property or are acting within their duty as an educator, and are expected to return it to the gunsafe when the workday is over.
All People have a natural right to self-ownership and personal Property. All people have a natural right to securing and defending their property and to voluntarily secure and defend or aid in the securing and defense of others'.
The right of Individuals to private ownership of property shall be inviolate; Any citizen may buy or sell, leasehold, convey, and inherit real and personal property, and shall benefit equally from all laws for security in such transactions; The right of non-citizens or foreign parties to own real property interests or shares in business enterprises in Arkonia may be regulated and limited by law.
A person's property rights also include dominion over their intellectual property, including but not limited to creation, possession, alteration, transfer, licensing, or sale, however, any and all intellectual property shall automatically become public domain within seventy-two years of their inception, or at the time of their creator's death, whichever comes first; Patents are limited to a total of twelve years; Copyrights are limited to a total of four years for electronic media and twelve years for tangible objects; Trademarks last for as long as they are continually used in commerce, are defended against infringement, and they are registered with the National Intellectual Property Office being subject to periodic renewal every six years; All non-commercial copying, sharing, editing, remixing, modification, and reverse engineering of intellectual property is legal; Editing, remixing, modification, and reverse engineering of intellectual property is permitted as long as their source and/or author is attributed.
The right of Individuals to fix/repair or modify private property including commercial products shall be guaranteed; Any Person may fix/repair or modify their private property, or with permission, that of another Person.
The right of Individuals to "unlock" or reprogram an electronic device including commercial products shall be guaranteed; Any Person may "unlock" or reprogram their electronic devices, or with permission, that of another Person.
No law shall regulate the use of private property; anything found in proximity under one’s land or growing naturally on it shall belong to the owner; nor shall any law restrict the use of one's land or natural resources found thereon unless such use would pollute the air, ground, or water beyond the boundaries of one's property.
In fairness and equality of housing, potential tenants and tenants shall not have to indicate on their housing forms any legal history or criminal charges, nor have a background check be a legal requirement by their landlord.
It is a right and liberty of the people to create, assemble, construct, establish, or propagate, the following which are included but not limited to; documents of identification excluding however official government documents of identification, information/records, papers, effects, communications, shelters/housings, pathways and/or roads, gardens, ponds and/or lakes and/or creeks and/or rivers, fisheries, matter, elements, molecules and/or chemicals, crystals, viruses, bio-organisms [colonies], stem cells [colonies], archaea [colonies], bacteria [colonies], eukarya [colonies], fungi [colonies], plants and/or trees [colonies], animals [colonies], wagons and/or carriages, vehicles/crafts, scientific experiments, technological devices, electronics, electronic data, computers, robotics, mecha-organisms [colonies].
No Constitutional authority granted by 'the People' to their government can disenfranchise any free person their inalienable rights.
Neither Congress nor the Alueets shall ever convert a right into a privilege, or a liberty into a license, and charge a fee therefore, limit, or deny them.
Everyone possesses a right to defend their Natural Rights.
Everyone shall possess the right to resist any order that infringes their rights, freedoms or guarantees and, when it is not possible to resort to the public authorities, to use force to repel any aggression.
All People recognize the right of revolution; that is, the right to refuse allegiance to, and to resist, the government, when its tyranny or its inefficiency are great and unendurable.
No relationship amounting to slavery or any other form of involuntary servitude shall exist between any legal or natural Person and any other Person; No law shall establish the institution of slavery, conscription, indenture, or any other form of involuntary servitude other than the Jury duty, within Arkonia, or in any place subject to its jurisdiction, otherwise than as a punishment for crime, whereof the party shall have been duly convicted; No relationship amounting to slavery or any other form of involuntary servitude shall exist between any legal or natural Person and any other Person; Congress and each Alueet shall have power to enforce this provision by appropriate legislation.
Standing armies in time of peace are dangerous to liberty, and therefore shall be avoided, as far as the circumstances and protection of the Community will admit; in all cases the military should be under strict subordination to and governed by the Civil power.
No government member including even an undercover or special agent, officer of the law, or 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.
No Person within Arkonia shall in any case be subjected to law martial, or to any penalties or pains by virtue of that law except those employed in the army, Alueet guard or defense force, and the militia in actual service.
A well regulated Militia, being necessary to the security of a free Alueet, the right of the People to keep and bear Arms, shall not be infringed; Rights are insured to the People to keep and/or and own, manufacture or modify, buy or sell, and bear a diversity of arms in all variations, meaning any weapon or ammunition of offense, whether black powder fired or otherwise, or any armor of defense, including body armor, in times of peace or war.
Militia shall be maintained in a state of readiness sufficient to overcome any regular military force it might encounter. Militia may not be kept in a called up status beyond the duration of an emergency. Congress and each Alueet shall have the power to enforce this duty by appropriate legislation. Those who may engage in militia shall have any weapons in common use by regular military made available to them, subject only to the directives of Local elected unit commanders during operations while called up. If Congress or any Alueet or Local legislative body shall fail to provide for organizing, training, or equipping militia units, Persons shall not be impeded from organizing, training, and equipping themselves independently.
Individuals eighteen years or older may own weapons for personal use and for use in the militia. The use by others, less than eighteen years, of weapons must be under the supervision of someone eighteen years or older and in conformity with what is set forth here, and elsewhere in this Constitution.
There shall be no National, Alueet, or Local registry, neither shall a permit, background check, or psychological evaluation be a requirement, nor any regulations be enacted limiting the freedom of the People, to manufacture or modify, buy or sell, or otherwise keep and/or own any arms, attachments, or accessories, neither shall any law or penalty obstruct a Person from their Constitutional right to bear arms.
There shall be no National, Alueet, or Local limitation on private citizens weaponry; National and Alueet government are not allowed to ban private citizen arms based on classification of the weapon or ammunition. National, Alueet, and Local laws are not allowed to limit the People's private armors and arms. There shall be no tax on armors, weapons, ammunitions, attachments, or accessories.
No one may threaten or commit violence against another person or their property; Written, verbal, and physical threats of imminent physical violence is sufficient justification for a defensive response in a physical manner; Violence may be employed only against the individual who commits such violence, that is, only defensively against the aggressive violence of another; No violence may be employed against a non-aggressor.
It is proper for law-abiding People to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.
The right of any Person to keep and bear arms in defense of their own home, Person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question.
All Persons shall have the right of self-defense as well as defense of their property and Constitutional Rights, and others who are under a direct and real threat, against initiators of aggression, including any Agent of the Public Administration acting unlawfully or in error; no Person shall be convicted of any criminal offense for any act or omission which took place on their property and which is a direct response to another Person trespassing on that property and acting in breach of the law or the Constitution resulting in such threat as described in this provision.
The Castle Doctrine is a Common Law doctrine of ancient origins that designates a Person's abode or any legally occupied place such as a vehicle/craft or home is a place in which that Person has protections and immunities permitting one, in certain circumstances as laid forth by law, to use force [up to and including deadly force] to defend oneself against an intruder, free from legal prosecution for the consequences of the force used; Persons residing in or visiting this Commonwealth have a right to expect to remain unmolested on or within their land, homes, or vehicles/crafts. No Person should be required to surrender their personal safety to a criminal, nor should a Person be required to needlessly retreat in the face of intrusion or attack outside the person’s dwelling or vehicle/craft.
No law shall abridge the right of self-defense against initiators of aggression, including the agents of the Public Administration where acting unlawfully, including the right, to keep and/or and own, manufacture or modify, buy or sell, and bear armors and arms.
A Person is justified in using physical force upon another Person to defend themselves from what they reasonably believe to be the use or imminent use of unlawful physical force. In defending, a Person may only use that degree of force which they reasonably believe to be necessary.
Every citizen shall have a right to learn weapons safety and to protect themselves or their family with defense training provided for free by Arkonia armed forces. Military manuals and martial art guides shall be provided publicly either at the cost of production and distribution or for the public benefit from the public funds.
Since weapons rights stem out of the right to self-defense, the people must have the right to weapons that are an efficient means of self-defense. The weapon in question must be capable of use with discretion, that is, it must be possible to use the weapon only against aggressors. If the weapon may end up inevitably killing innocent bystanders, killing the user, killing at random, produces fallout that ends up killing people more than one hour later (and are hence inevitably also innocent bystanders,) or some such similar flaw, then it can't be considered a "just" weapon, because its use would inevitably violate the non-aggression principle. For an individual armament to be an "efficient" means of self-defense, then, it has to be controllable by an individual; The individual user must have the capability to specify targets. People have the right to own whatever weapons they can obtain and use, provided that those weapons are of the sort which can be used without aggressing against innocents.
The construction or use of Radiological, Nuclear, Biological, or Chemical weapons by the People or their government is hereby prohibited. This prohibition does not extend to non-"irradiating" and non-"nuclear" atomic or subatomic particle beam (including beta/electron and ultraviolet photon even though they are ionizing) as well as electromagnetic weapons.
Congress shall have power, on territory under its exclusive jurisdiction, and Alueet legislatures, on territory under their exclusive jurisdiction, to forbid unsupervised possession of destructive devices or weapons each discharge of which can produce the death or injury of more than one-thousand Individuals over a space of one-thousand square meters and a time of one hour.
If the National or Alueet government has weapons of mass destruction, the National government shall reduce its weapons of mass destruction arsenal by fifty percent every year, and attempt through sincere diplomacy to have other countries to do the same.
No gravitoelectromagnetic drive nor "warp" drive or wormhole device, neither string theorem machine capable of manipulating, tranceiving, or transversing dimensional distributions, nor cross-timeline or multiverse browsing device, shall ever be owned or operated by any governmental agency or office, member of the public body, or government hired contractor of Arkonia, at any place, or on any Person or thing, regardless of its purposes in peace or war. Rights to operate equipment including but not limited to gravitoelectromagnetic and "warp" drives, wormhole devices, string theorem machines, and cross-timeline or multiverse browsers are insured to the People.
In this Constitution all rights are immunities against the action of government officials, not entitlements to receive some service or benefit. Every immunity is a restriction on delegated powers, and every delegated power is a restriction on immunities. Delegated powers and immunities partition the space of public action. The exercise of a right is not subject to regulation, except to allocate use of a scarce resource, or to taxation, and only to insignificant incidental burdens by government actions at any level, unless there is an explicit exception to the contrary, in this Constitution.
If there is any significant doubt concerning whether an official has a power, or a Person has an immunity from the exercise of a power, the presumption shall be that the official does not have the power, or conversely, that the Person has the immunity.
All Persons have the right to a presumption of non-authority. Any Person may file, without prior consent of any court, as demandant, in the name of the People, in a court of competent jurisdiction, a writ of quo warranto, habeas corpus, prohibito, mandamus, procedendo, certiorari, scire facias, or other prerogative writ, including a demurral, and upon service of notice to the respondent, the respondent shall have three days, and not more than 20 days with cause, to prove their authority to do or not do what the writ demands. The writ filed shall be the summons, with no further action needed by the court, which shall not treat the writ as a petition or motion for injunctive relief. The burden of proof shall rest solely on the respondent. The court shall hold a hearing within five days of receipt of the response from the respondent, and ahead of any other business before the court except another prerogative writ. Either the demandant or the respondent shall have the right to trial by a jury of at least twelve, with twelve required to sustain the claim of authority of the respondent. On a writ of habeas corpus the respondent must produce the Individual held regardless of the legal or factual issues, and failure to do so, unless the medical condition of the subject requires otherwise, shall result in immediate release. The order granting the relief demanded shall issue by default if a hearing is not held or a decision not made. Only the Supreme Court of Arkonia shall have jurisdiction to decide a writ of quo warranto, upon impeachment, to remove from office for perjury of oath, fraud, or ineligibility, or restrict the exercise of power, of the Prime Minister or Speaker of the House, a member of Congress, or a judge of Arkonia, but any Arkonia court of general jurisdiction shall have jurisdiction for lesser officials, subject to appeal to higher courts, and the Prime Minister and Speaker of the House shall have the right to a verdict by a jury composed of two adult citizens selected at random from each Alueet.
SECTION II
No government issued papers or documents of identification, issued to a Person, may consist of or resemble RFID tags, piercings, jewelry or collar, tattoos, stamps, or other bodily modifications, nor article of clothing or bodily accessory including but not limited to a patch or [appendage]-band; No government issued document may contain a microchip or smart device, nor other identification signature technology other than a barcode or QR-code; No government issued document of identification shall require digital address, planetary positioning system coordinate, satellite coordinate, coordinates of vehicle/craft, nor shall any qualification of intelligence, education, or employment, neither those of biometrics, sampling, or sequencing of bodily and/or genetic material. However, the government shall maintain a database of a unique digital and biological personal identifiers for each Person employed in public service, or Individuals convicted of high crimes which fall under the requisites of public safety and security, therefore such identification is in the public interest; and participation shall be voluntary for all other Persons under their express and informed consent.
No Individual shall be required to register or share information about their whereabouts, be it permanent or temporary, assets, be it tangible or intangible, or signed contracts, be it employment, commercial, or otherwise, unless pursuant to a Warrant; nor shall any Person be required to register or share information about any personal attributes such as medical conditions, bio-metrics, sampling or sequencing of genetic material, spirituality/religion, political affiliation, or others, unless pursuant to a Warrant.
No law shall abridge the right of each Person to do as they choose with their own Person and property, so long as they do not interfere, by force or fraud, or the threat thereof, with the equal right of others to do as they choose with their own Person and property; A Person's right to live their life the way that they choose to do so goes so far as to not impede another Individuals right to do the same; All persons are entitled to the full and unrestrained use of all their natural and acquired powers and capacities, but such use by the individual, or by aggregations of individuals, shall never extend to infringement upon, or abridgment of, the same use in other persons.
No law shall abridge the freedom of feeling, thought, and choice or their peaceful expression or dissemination, as in speech, press and other media, artistic depiction, or spiritual/religious practice; nor shall any law promote or hinder any sex, spirituality/religion, artistic culture, scientific research, or specific community.
No thought, belief, opinion, or idea is ever a crime unto itself.
No law shall create victimless or consensual crimes.
No law shall abridge the right of freedom of association; any Person may associate or transact with any other Person or refuse to associate or transact with any other Person for any reason, and the proprietor or lawful possessor of any movable or immovable property may exclude or refuse admission to any other Person, as long as such exclusion is not an act of discrimination.
No Person shall be convicted of any criminal offense by virtue of mere association with other Persons suspected or found guilty of the same or related offense; some form of active participation must be proven before the Court; nor shall any Person be convicted of any criminal offense for merely considering potential commitment of an offense, whether by himself or herself or together with others; some form of active planning must be proven before the Court; no Person shall be convicted of any criminal offense which would not require any form of guilty mind as a mens rea.
No law shall abridge the right to assemble peacefully, including the peaceful assembly of armed Individuals.
No law shall allow for the private property be fully or partially taken, except for a substantial and explicit public use, nor without the consent of, and mutually agreeable compensation to, the owner, except in the case of a convicted criminal, so far as it is necessary to make restitution to the victim and/or to pay the costs of the criminal's capture and trial.
No law shall restrict or hamper the free and peaceful movement of Persons, goods, or capital within or across the borders of Arkonia.
No checkpoints shall be assembled under any authority within the territories of Arkonia, through checkpoints may be assembled at the borders of Arkonia.
No law shall impose any obligations as to pursuing or obtaining any stage of education by any Individual other than Agents and appointed Members of the Public Administration; all Agents and appointed Members of the Public Administration shall be employed and/or appointed solely on the basis of their merit and successful completion of appropriate examination; no Member of the Public Administration shall employ, appoint, or enable employment or appointment of any Agent or Member who has not passed relevant tests.
No law regulate the content of any curriculum used by any private school or university at any stage of education.
No powers shall be granted within Congress or the several Alueets that may authorize any institution or operation of which shall attempt to use the powers, resources, or money provided to them to produce or disseminate propaganda, nor shall they transmit or in any other way distribute propaganda to any Person within its borders or abroad.
No law shall regulate any printed materials, radio, television, the Internet, or any other medium of exchange of information; no law shall regulate the rules concerning uploading, transmitting, displaying, accessing, or publishing such information; nor shall any law introduce licensing or registration to infringe upon these rights; nothing in this provision shall prevent the Congress from protecting the interests of Minors or those lacking mental capacity; publishing or sharing information classified as Alueet secret or related to the work of Agents of Law Enforcement operating undercover pursuant to a Warrant shall be subject to control as described in this Constitution.
The services of the members of the public administration shall be compensated by a fixed salary equal to the mean income in Arkonia. No member of the Public administration may receive tenure nor pensions. They shall be required to declare any other compensation and the public shall be privileged to access information relating to their banking, finances, or wealth.
No law shall oblige any Person to pay palimony or alimony.
No law shall oblige any Person to acquire any form of insurance or pension scheme, nor shall it provide any financial incentive in that respect.
No domestic bank or financial institution established within the territory of Arkonia or any Alueet thereof, nor branches of foreign banks or financial institutions within the territory of Arkonia or any Alueet thereof, may charge a fee for a person or institution having free, fair, and equal access of their legal tender, currencies, or monetary wealth that is deposited or withdrawn.
No domestic bank or financial institution established within the territory of Arkonia or any Alueet thereof, or the representatives of the domestic bank or financial institution, neither branches of foreign banks or financial institutions within the territory of Arkonia or any Alueet thereof, or the representatives of foreign banks or financial institutions in Arkonia, may reveal the identity of an account holder to another Person, including any agent of government, nor to any institution, organization, or branch of the Public Administration.
No branch of the Public Administration shall finance, or partially finance, any private organization, institution, business, firm, corporation, other commercial or artificial entity, or service contracted between any natural Persons; No assets shall be transferred by any branch of the Public Administration, be it in the form of a loan, non-repayable grant, or periodic payments (with the exception of social security and public welfare), to any legal or natural Person, unless as remuneration for contracted goods or services necessary for the functioning of the Public Administration as envisaged in this Constitution.
No branch of the Public Administration shall contract with any legal or natural Person, Alueet or entity for the purposes of acquiring data it itself is not entitled to acquire under this Constitution or any laws passed in accordance therewith; nor shall any branch of the Public Administration be allowed to procure any legal or natural Person to commit what it itself is not entitled to commit under this Constitution or any laws passed in accordance therewith.
No law or legal action may grant amnesty to illegal immigrants.
No branch of the Public Administration shall give any form of foreign aid to any Alueet or entity, whether directly or via any international institution, be it a non-repayable grant, loan, or any other financial support; nothing in this provision shall prevent the Public Administration from meeting its financial liabilities flowing from the membership in any intergovernmental organization or confederation.
No government agency or member of the public body may be permitted to facilitate or engage in the commission of a crime, nor facilitate or operate a criminal enterprise.
No power applicable to an object, or any necessary and proper power derived from it, shall be extended to other objects with which it may be aggregated or causally connected, except to separate the applicable objects from the others.
No position in the government shall be without reasonable term limits.
No government official may lie while they are under oath nor while they are not under oath.
No law shall prohibit video or audio recording where there is no reasonable expectation of privacy, including Agents of the Public Administration; nothing in this provision shall be construed as to allow for general surveillance by the Public Administration.
The government of Arkonia shall not operate any classified intelligence agencies. Intelligence gathering shall be open-source and public domain. Data accessed, duplicated, examined, or analyzed for foreign intelligence purposes shall not be used for unrelated criminal or civil matters.
No branch of the Public Administration shall establish any standing army; nor shall it declare war or carry out military activities other than in defense of the border of Arkonia in reaction to an act of armed aggression against Arkonia which has already taken place or is imminent; nor shall any branch of the Public Administration invite any armed forces of any other Alueet or organization into the jurisdiction of Arkonia except for a reasonable number of security personnel accompanying a foreign visit.
A legal Person is any True Intelligence from whom the disposition is considered to be Sapient residing within a body or vessel, whether of bio-logic or mecha-logic root.
The laws regarding a sovereign foreign Citizens shall apply in the discovery of an extra-terrestrial alien race or other sentient form of intelligence from whom the disposition is considered to be Sapient.
No Person, machine, or vehicle/craft may interfere with the normal development of any alien life or society; Nothing within this constitution shall authorize Arkonia to intervene in matters which are essentially the domestic jurisdiction of any planetary social system, or shall require the members to submit such matters to settlement under this constitution. Such is a felony punishable by life imprisonment without the possibility of parole. But this principle shall not prejudice the application of enforcement measures under this constitution.
No temporal conservation agency shall ever be erected through any legislation, by a member of the public body or under any office held, nor shall they enforce cross timeline jurisdiction, and all activities considered reciprocal to the government shall remain confined within the borders of the nation and its specific territorial jurisdiction thereof, on which the nation is established.
No branch or authority of the government of Arkonia may shut down the government.
No law shall be passed applicable to a citizen of Arkonia that is not equally applicable to the government and its employees, or, jurors in tribunal.
ARTICLE XII
Immunities provided under this Constitution include but are not limited to:
Not to be denied due notice of time, place, manner, parties, and subject of any proceeding with sufficient time to respond.
Not to be denied fair hearing and decision on the legal merits, with redress for just grievances, including damages, property, or, injunctive or declaratory relief.
Not to have just remedies made inaccessible or excessively difficult or costly.
Not to be denied mandated testimony of witnesses.
Not to be denied unimpeded access to courts, court filing, and inquestries, subject only to routine scheduling.
Not to be denied direct presentation of complaints to an inquestry without the presence of any other government actor except with the consent of the inquestry.
Not to be denied standing to privately prosecute a public right without having been injured or expecting personal injury.
Not to be subject to retaliation.
Not to have admitted any plea or testimony induced by a plea agreement.
Not to have any real property or chattel taken or forfeited without civil or criminal judgment in a trial, with possession presumed to establish title unless proved otherwise.
Not to have the exercise of any immunity taxed, disabled, or restricted by statute or other rule except to allocate a scarce resource among competing claimants, unless one is a minor, which by default shall be any Individual under the age of eighteen unless the disabilities of minority are extended or reduced by court order.
Not to have the exercise of any right, privilege, or immunity disabled or restricted without a court order following a jury trial.
Not to be denied indictment by twelve members of a randomly selected inquestry of twenty-four who elect their foreperson, upon a finding that the court has jurisdiction and that there is sufficient evidence for a trial, except for Persons subject to military or militia discipline, or foreign praedones.
Not to be denied service as prosecutor upon receipt of an indictment by an inquestry, subject only to consolidation by the inquestry if more than one Person seeks to prosecute the same offense.
Not to be denied trial by a randomly selected jury of twelve sworn to uphold applicable Constitutions in criminal cases for which the penalty is more than 90 days.
Not to have imposed excessive bail when there is little flight risk.
Not to have imposed excessive fines imposed.
Not to have cruel and unusual punishments inflicted.
Not to be denied speedy and public trial before an impartial jury of the Alueet and district previously defined by law, wherein the offense shall have been committed, and to have the location of commitment be deemed where there was concurrence of mens rea and actus reus.
Not to be twice prosecuted for the same offense or same facts under the same or different jurisdictions.
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 their favor, and to have the assistance of counsel for their defense, but not to have counsel or an attorney imposed on him without their consent.
Not to be compelled to be a witness against himself.
Not to be disabled in the exercise, or deprived, of Life, Liberty, Freedom, Privacy, or Property, without due process of law, by unanimous verdict of a jury of twelve.
Not to be impeded in the presentation of all evidence by the defendant, without being subject to a motion in limine.
Not to be impeded in the presentation of all legal argument to the jury, up to the final instructions to the jury, except for argument on a motion in limine that cannot be made without disclosing evidence properly excluded.
Not to be impeded in the presentation of all pleadings, alternative instructions, and certified copies of applicable laws and Constitutions, to the jury.
Not to have a sentence that does not separately disable the exercise of the immunity, and order deprivation of it, within the scope of that disablement.
Trial by a randomly selected jury of twelve sworn to uphold applicable Constitutions and laws in which the amount at issue, including costs, exceeds the equivalent of at least 15.46875 troy ounces of pure silver.
Not to be impeded in an appeal from a jury verdict on a writ of error or habeas corpus, according to the rules of the Common Law in the Union as of its founding, unless the Constitution is amended to provide otherwise.
Non-authority shall be presumed for any claim to authority, to be strictly proved by an unbroken logical chain of derivation from a Constitution or Constitutional law.
Not to have any government actor exercise a power not delegated, regardless of whether one may be personally injured by such exercise.
Not to have government actors exercise powers on the pretext of being "necessary and proper" when they are not incidental to perform their official duties or to get a desired result beyond such duties.
To have delegated powers construed as narrowly, and rights, privileges, or immunities construed as broadly, as the language of the Constitution as meant and understood when ratified permits.
To have priority docketing of all prerogative writs filed by a any Person as demandant in the name of the People with a court of competent jurisdiction and served on the respondant, within three sederunt days, unless the respondant requires more, but not more than 20 calendar days, including but not limited to, demurral, quo warranto, habeas corpus, procedendo, mandamus, prohibito, certiorari, and scire facias, and to have default judgment even if no proof is presented or a hearing is not held.
Not have communications, including speech, press, and education, punished or impeded, except such as instigate or direct a felony, misdemeanor, high crime, tort, piracy, or treason.
Not to impede peaceful assembly and exercise of rights in concert with others.
Not to impede assembly as militia for organizing, training, and response to threats to public safety, subject only to direction by Alueet militia officers during a call-up.
Not to restrict keeping and bearing of weapons, equipment, and supplies commonly used by military forces, or suitable for militia, subject only to court order of disablement for being a threat to oneself or others, or to the lawful orders of militia officers during a call-up.
Not to impede or punish petition for redress of grievances.
Not to impede or punish devotion or practice of spirituality/religion, or have preferential support of such by public funds, that does not instigate or direct a felony, misdemeanor, or tort.
Not to have government actors intrude into one's real property, body, or use of one's personal property, for search, seizure, or for any other reason, without consent, unless through a declared Alueet of war or emergency threat to public safety, a warrant supported by an affidavit of probable cause, and always with just compensation for any losses incurred, for each incident.
Not to impede or punish access to observation and recordation of any government proceeding except trial and inquestry deliberations or their equivalent, or deliberations on matters of security requiring secrecy.
Not to impede or punish receipt of records of all proceedings, and accounting for all receipts, loans, debts, and expenditures, and reporting thereof, for eventual examination prior to an election in which the issues may be reviewed.
Not to be denied accurate recording, counting, and reporting of all votes cast by eligible voters in any public election with protection from disclosure of how each voted.
Not to be denied access to all information about oneself, and either copies at cost of all documentation or to make one's own copies using one's own equipment.
Not to be denied effective low-cost remedies for getting information about oneself corrected, and use of such information restricted to that for which there is consent by oneself.
Not to be subject to illogical or impossible demands, or meddling without a clear, present, and compelling public need
Not to impede or punish association and contract to do things not unlawful, including practice of a profession or occupation, marriage, procreation, and acceptance or denial of medical prevention or treatment, except prevention of contagious diseases.
Not to impede or punish formation, conduct, and revision or dissolution of corporations, partnerships, and other trusts, in which settlor, trustee, and beneficiary are distinct Persons who may not be impeded or penalized from directly appearing in any court in such capacities.
Not to have some accorded special privileges or protections that favor them over the rest of the People, in ways not essential to the performance of public duties.
Not to impede or punish travel by a citizen within, to, and from the Union and any Alueet, territory or locality.
Not to be removed from the location of one's birth or lawful residence, or impeded from returning thereto.
Not to be enslaved or subjected to peonage except as punishment for a crime, but excepting militia, jury, witness, and other public duty.
Not to be impeded or punished for voting if one is a citizen and resident on grounds of age, sex, gender, sexual orientation, color, race, ancestry, nationality or place of origin, language, marital or familial status, spirituality/religion, political or ideological beliefs, intelligence, education, capability or disability, previous condition of servitude, property, economic situation, social circumstances, social status or other characteristics, or other personal background, age eighteen or above, or failure to pay a tax.
Not to be denied custody and care of close relatives who are non sui juris.
Not to be neglected or abused while in custody.
Not to be denied any right, privilege, or immunity for failure to have or present a name or other form of identification.
Not to be deported without proof that one has not been natural born or naturalized as a citizen, unless one is born to a Person not subject to the jurisdiction of Arkonia, such as a foreign diplomat or an invader.
Not to be subject to a penalty for not doing something, such as not paying a tax, if government agents refuse to allow it to be done, such as not accepting payment of a tax.
Not to be subject to a penalty or tax for failure to take some action one has no public duty to do.
Not to be denied relief from some government action for lack of an appropriation to process the application for relief, or having an official to receive the application, and to fail to recognize the demand for such relief as being granted by default.
Not to be required to procreate or to refrain from procreating.
Not to have imposed upon one any unwanted belief or expression of devotion or to be pressured into conformity with such.
Not be subject to oppressive surveillance, intrusive information collection, or having to present government-issued identification to exercise rights.
Immunities do not include entitlements to a sufficient amount of a scarce resource.
The foregoing list is not exhaustive, and further rights, privileges, and immunities are to be found in the historical record. The rule of expressio unius est exclusio alterius shall not be applied.
Each eighteen years following adoption of this Article, upon petition by at least 2.222222222222 percent of the general population of the polities that have adopted it as part of their Constitutions, there shall be convened a convention, or sanhedrin, of twenty-four Individuals, the final selection of which shall be by sortition of the candidates elected in the previous stage, with each previous stage selecting candidates in turn by alternating election and sortition, beginning with the lowest level polity in the system. The convention shall hold public hearings on proposed amendments, and propose them to a public referendum in which all citizens eligible to vote in the elections of their lowest polity may vote, to ratify additional items by a majority vote, modified items by a two-thirds vote, and deleted items by a four-fifths vote.
ARTICLE XIII
We the People of Arkonia declare:
We the People recognize that our communities are under siege from the corporations that cause economic, cultural, environmental, and public harm;
We the People recognize our confinement in a system of laws that grants greater rights to corporations than to residents of our communities;
We the People recognize that this system grants corporate minorities the legal authority to override the community majority right to choose that which secures its health, safety, and welfare;
We the People recognize that the legal system has conferred unequal power on the basis of property ownership so that those holding the most property obtain and wield superior rights;
We the People recognize that this system of law hinders and obstructs our ability to adapt to economic, cultural, and environmental change;
We the People recognize that corporate control of legislation and governance denies our right to an authentically democratic Local, Alueet, and Federal representation necessary to protect our communities from corporate harms;
We the People recognize that our health, safety, welfare, and survival of our Local businesses, farms, ecosystems, and neighborhoods depend on restructuring the current system of governance, because it favors corporations over community-based, democratic decision-making;
We the People recognize that, because a republic means "governance of, by, and for the People" and "consent of the governed", a democratic republic shall exist in our communities, Alueets, or within Arkonia;
Therefore, we now exercise our inherent and inalienable right to create an authentic republic in our communities, municipalities, and counties within our Alueets; and We the People call on communities across the Alueets of Arkonia to:
Enact Local laws and adopt charter amendments that recognize community rights for residents of the Alueets and preserve the inherent rights of natural ecosystems to exist and flourish;
Include in those Local laws and charter amendments direct challenges to the system of laws and legal doctrines that secure greater rights for corporations than for residents of our communities or natural ecosystems;
Build a statewide network of Local rights-asserting communities involved in changing our legislature to incorporate the inherent self-governing authority of the People;
Join together with other Alueet community rights networks in and all other Alueets demanding changes to the National Constitution that will elevate the rights of People, communities, and nature above the illegitimate "rights" of corporations and the governing authorities they control.
Persons, communities, Peoples, and nations are bearers of rights and shall enjoy the rights guaranteed to them in the Constitution and in international instruments. Nature shall be the subject of those rights that the Constitution recognizes for it.
Nature, or Pacha Mama, where life is reproduced and occurs, has the right to integral respect for its existence and for the maintenance and regeneration of its life cycles, structure, functions, and evolutionary processes. All Persons, communities, Peoples, and nations can call upon public authorities to enforce the rights of nature. To enforce and interpret these rights, the principles set forth in the Constitution shall be observed, as appropriate. The Alueets shall give incentives to natural Persons and legal entities and to communities to protect nature and to promote respect for all the elements comprising an ecosystem.
Nature has the right to be restored. This restoration shall be apart from the obligation of the Alueets and natural Persons or legal entities to compensate Individuals and communities that depend on affected natural systems. In those cases of severe or permanent environmental impact, including those caused by the exploitation of non-renewable natural resources, the Alueets shall establish the most effective mechanisms to achieve the restoration and shall adopt adequate measures to eliminate or mitigate harmful environmental consequences.
The protection of the environment is of general interest. Persons must abstain from any act that causes grave depredation, destruction or contamination to the environment. The legislation of each Alueet shall regulate this provision and may provide sanctions for transgressors.
Each Alueet shall apply preventive and restrictive measures on activities that might lead to the extinction of species, the destruction of ecosystems and the permanent alteration of natural cycles. The introduction of organisms and organic and inorganic material that might definitively alter the nation's genetic assets is forbidden.
Persons, communities, Peoples, and nations shall have the right to benefit from the environment and the natural wealth enabling them to enjoy the good way of living. Environmental services shall not be subject to appropriation; their production, delivery, use and development shall be regulated by the Alueets.
Persons, communities, Peoples, nations and communities are bearers of rights and shall enjoy the rights guaranteed to them in the Constitution and in international instruments. Nature shall be the subject of those rights that the Constitution recognizes for it.
Everyone shall possess the right to a healthy and ecologically balanced human living environment and the duty to defend it.
Wherever occurring in their natural Alueet, fish, wildlife, and waters are reserved to the People for common use. The privately owned lands and their resources belong to the property owner and are not subject to requisition or appropriation.
Every person has the right of public access or freedom to roam, which is the general public's right to access certain public land (they are required to stay off of private property) for recreation and exercise, including but not limited to resting, sitting, walking/hiking, cycling, animal riding, and camping in nature, as long as they “Don’t disturb – Don’t destroy - Leave no trace”. People are allowed to access any public park or forest; They are within reasonable limits allowed to collect flowers as well as mushrooms and edible plants, and within reasonable limits allowed to catch fish and wildlife for food, they may put up a tent and camp for a limited period of time, campfires are allowed as long as they are extinguished before leaving, swimming in streams and rivers as well as ponds and lakes is allowed, and they may access any beach.
Each Alueet shall set forth and devote for the use of public lands consisting of state forests, which forests are considered part of the national heritage and and regional commonwealth, where the Alueet Bureau of Land Management shall provide for the allocation of resources from the public forests for camping and facilities for watercraft as well as shooting ranges.
Each Alueet shall set aside lands as well as cultivate and maintain Alueetwide self-sustaining bio-diverse food forests, which land shall be devoted as Alueet parks, where People may share in the bounty of the land; Alueet funds and resources shall be set aside for the establishment of county and Local organic bio-diverse community gardens, for People of the counties and localities within each Alueet who show need for nutritional assistance.
Each Alueet shall keep a sanctuary for endangered fungi, plant, and animal species found in their Alueet and the sanctuary will be open to the public and generate revenues to further protect and restore endangered species and their habitats. The sanctuaries will breed the life in captivity and from time to time release and integrate endangered life back into the environment.
Each Alueet shall each establish a green initiative commission to provide green incentives and tax credits for green engineering and solar design, alternative energy and bio-fuel, and carbon neutral or carbon capturing projects; The Alueets shall provide for the partial funding of those projects for Persons and families of low income.
The green initiative commission of each Alueet shall contribute to the Local communities by energy infrastructure involvement, including but not limited to solar and radiant energy, wind, biomass, battery and capacitor technology, and geothermal facilities; They shall fund research and development in support of the Alueet industry, commerce, and business related to clean energy and green engineering, which shall not be limited to research and product innovation, development, and collaborative commercialization efforts between public and private entities; They shall provide oversight in the development of sites and facilities Alueetwide for and in support of industry, commerce, distribution, and research and development related to clean energy and green engineering.
No exploitation shall take place regarding the resources of earth in attempt to procure petrol-chemicals or minerals whose contributing constituents are sourced from geological reserves, nor may such compounds be used or consumed within the territories of Arkonia by public or private Persons nor within trade by embargoes taking place within the territories of Arkonia. In exclusion to the ban on petrol-chemicals are synthetic petrol analogues considered the product of material manufacturing from sustainable and/or renewable sources including but not limited to biomass gasification and production by catalyst or other synthesis process, or within assumption that the source material contribution has not caused an infraction to the petrol mineral ban. Congress and each Alueet shall set forth such rules and regulations as are to be enforced through the Environmental Protection Agency of each Alueet. Congress and each Alueet shall have concurrent power to enforce this provision by appropriate legislation.
No Person shall import, manufacture, stockpile, trade, supply, distribute, or sell any plastic/polymer product which is petrol-based or non-degradable. Plastic/polymer products must be oxo-degradable or biodegradable plastics/polymers and the pro-degradant used must be approved by the Alueet Environmental Protection Agency and in such manner as prescribed. Plastics/polymers that are not scheduled shall be compostable biodegradable bioplastics/polymers without the addition of pigments or extenders, and any pigment or extender added to a plastic/polymer shall be scheduled according the rules established through legislation of Congress and each Alueet. Plastic/polymer products and packaging must Alueet what type of plastic/polymer is used, and if it is recyclable and/or compostable biodegradable bioplastic/polymer. Recycled scheduled plastic/polymer products shall be marked "Recycled plastic/polymer", and if the type of plastic/polymer of was not previously permitted for food-contact, or, has not been kept free of contaminants during the recycling process, or, the recycled material has not been tested to establish suitable purity for re-use in food packaging, it shall be additionally marked "unsafe for contact with food". Congress and each Alueet may regulate the commercial uses of certain plastics/polymers and their by-products, including but not limited to their use in items that come into contact with water or food, drug composition and delivery, toiletries and cosmetics, children's toys and childcare products, household chemicals or similar products, items that come into contact with solvents, gardening and agriculture as well as horticulture supplies (such as packaging, containers, cloths and coverings as well as netting, and enclosures). Congress and each Alueet shall shall set forth such rules as are to be enforced through the Environmental Protection Agency. Every retail establishment that provides customers with plastic/polymer bags must provide conveniently located receptacles where customers can return their clean and dry plastic/polymer bags to be recycled; To reduce the consumption of plastic/polymer bags, retail establishments must offer the equal option of recycled paper bags to the consumer, and all paper or plastic carryout and garbage bags are required to be compostably bio-degradable; Manufacturers of single-use plastic/polymer carryout bags are required to register with the Environmental Protection Agency of each Alueet they commence within commerce, and pay to the Agency an initial registration fee as well as an annual registration renewal fee, to be determined by the Alueet legislature. Every store issuing single-use plastic bags must pay the Department of Revenue of that Alueet an excise tax, to be determined by the Alueet legislature, per plastic/polymer bag provided to customers during the tax year. Congress and each Alueet shall have concurrent power to enforce this provision by appropriate legislation.
Congress shall within the scope of their enumerated powers to regulate Commerce, and each Alueet in general possess the power and authority to regulate and license the collection, transit and Individuals transporting, management and processing facilities, as well as import and export of recycling and waste, particularly those objects which qualify as poisonous, toxic, or hazardous materials. Congress and each Alueet shall set forth such rules and regulations as are to be enforced through the Environmental Protection Agency of each Alueet. Congress and each Alueet shall have concurrent power to enforce this provision by appropriate legislation.
ARTICLE XIV
The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this constitution; or, on the application of the Legislatures of a majority of the several Alueets, 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 the Legislatures of two-thirds of the several Alueets, or by popular vote in General Elections in two-thirds thereof, as the one or the other mode of ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to eighteen years from the date of ratification of this constitution; and that no Alueet, without its Consent, shall be deprived of its equal Suffrage in the Senate nor shall a Alueet's method of electing Senators be changed without its consent. A Constitutional Bill proposing an Amendment to this Constitution shall be subject to the power of general veto by the Citizens as expressed in the referendum;
The Prime Minister, after gaining Election to a third Term in Office, may propose Amendments that, if approved by the House and Senate, shall be placed on the Ballot of each Alueet for Consideration at the next three Prime Ministerial Elections. If two-thirds of the Nation's Voters approve the Amendment at both Elections, it shall become a part of this Constitution;
Those eligible to vote throughout the nation shall be able to propose amendments upon signing identically-worded petitions. Such proposals shall be submitted to a national referendum. Should 2/3 of the eligible national electorate or fifty percent plus one of the actual voters, whichever number is higher, approve of the proposal, it shall be considered ratified and added to the Constitution immediately;
The validity of Alueet calls for an Article IX Constitutional Convention should be determined by the most recent action of the Alueet;
The Convention must be transparent and not conducted in secret; All Constitution conventions must be made in full view of the public with every word said by every member scrupulously recorded, and using secure electronic means broadcast publicly for all citizens to observe;
The Convention must be limited to a specific topic;
Only Alueet resolutions on a single topic count when determining if a Convention should be called;
The Congress, the Prime Minister, and the Supreme Court shall not have the right to control a Constitutional Convention nor an Amendment Convention. They can, however, as well as citizens, express their opinions and recommendations in the process;
Voting at the Convention must be by delegate, not by Alueet;
Representation at the Convention must be based on population rather than one Alueet, one vote; and delegates should be elected rather than appointed;-And
To be deemed ratified, the results of votes of the legislature or convention in the several Alueets shall be reviewed and verified by a vote of at least eighteen of a randomly selected grand jury of twenty-four from citizens of that Alueet who are not dependent on public funds for their support; and the reports of all such grand juries shall be reviewed and verified by a vote of at least eighteen of a randomly selected grand jury of twenty-four from citizens of Arkonia who are not dependent on public funds for their support.
ARTICLE XV
This constitution and the powers inherent shall apply to the specific territory of which the nation is established.
No law shall propose, consent to, or request the incorporation of Arkonia nation, or any part thereof, to any other jurisdiction. No branch of the Public Administration, nor any number of Citizens or other Residents of Arkonia, shall propose or consent to the incorporation of Arkonia, or any part thereof, to any other jurisdiction; a majority of two-thirds of the overall number of Representatives may assent to the incorporation of any new territory to Arkonia upon the request of its People or government with any status the Congress may determine.
The power of a Alueet to peacefully secede from Arkonia, with the approval of two-thirds of the adult Citizens of that Alueet, and to thereafter obtain sovereignty and independence apart from Arkonia shall not be denied or abridged. Congress may levy additional requirements on the secession of a Alueet with a two-thirds vote of both houses. Congress shall have the power to enforce this article by appropriate legislation.
ARTICLE XVI
All debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against Arkonia under this Constitution, as under the Provisional Government.
The validity of the public debt of Arkonia, government-invested-power, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither Arkonia nor any Alueet shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against Arkonia, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
No legislative act or provision thereof shall have the force of law unless the Constitutional authority for it is explicitly cited, verifiable by proving an unbroken chain of logical derivation.
A provision of a treaty or other international agreement not made in pursuance of this Constitution shall have no force or effect.
A treaty or other international agreement shall have legislative effect within Arkonia as a law thereof only through legislation, except to the extent that the Senate shall provide affirmatively, in its resolution advising and consenting to a treaty, that the treaty shall have legislative effect.
Government shall exercise no power within the territory of Arkonia, based on a treaty, not otherwise delegated to it by this Constitution, other than powers to administer trust territories or protectorates.
An international agreement other than a treaty shall have legislative effect within Arkonia as a law thereof only through legislation valid in the absence of such an international agreement.
On the question of advising and consenting to the ratification of a treaty, the vote shall be determined by yeas and nays, and the names of the Persons voting for and against shall be entered on the Journal of the Senate.
This Constitution, and the Laws of Arkonia which shall be made in Pursuance thereof, but not rules, interpretations, guidances, bulletins, circulars, or other administrative Alueetment or action of any type or form, shall be the supreme Law of the Land, as shall all Treaties made, or which shall be made, under the Authority of Arkonia, shall be the supreme Law of the Land; and the Judges in every Alueet shall be bound thereby, any Thing in the Constitution or Laws of any Alueet to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several Alueet Legislatures, and all executive and judicial Officers, and all other members of the public body, both of Arkonia and of each Alueet, shall be bound by Oath or Affirmation, to support this Constitution; A standardized test of intelligence and a psychological evaluation shall be issued, but no spiritual/religious Test shall ever be required as a Qualification to any Office or public Trust under Arkonia.
Perjury shall consist of the violation of any oath or affirmation, including that made for public office, and Congress shall have authority to criminally punish it only when made in a forum of Arkonia, or by an officer or agent of Arkonia.
It shall be punishable by life imprisonment without chance of parole for any official at any level of government to violate the Constitution.
ARTICLE XVII
The power to regulate shall consist only of the power to restrict the attributes or modalities of the object regulated, and not to prohibit all attributes or modalities, or impose criminal penalties.
Commerce shall consist only of transfers of equitable interest and possession of tangible commodities, for a valuable consideration, from a seller or lessor to a purchaser or lessee. It shall not include transport without such transfer or interest, nor extraction, primary production, manufacturing, possession, use, or disposal, nor shall it include the other activities of those engaged in such transfers. It shall not include energy, information, or financial or contractual instruments. Commerce among the Alueets shall not include sales or leases within a Alueet.
Propaganda shall mean information that is not objective and is used primarily to influence an audience and further an agenda, by presenting facts selectively to encourage a particular synthesis or perception, or using loaded language to produce an emotional rather than a rational response to the information that is presented, or disinformation, which is false information spread deliberately to deceive.
In the context of the non-aggression principle, "aggression" is defined as threatening or initiating any forcible interference with an individual or individual's property. The non-aggression principle does not forbid forceful defense.
Non-intervention shall mean a foreign policy holding that political rulers avoid alliances with other nations but still retain diplomacy, not to engage in interference in the external affairs of another nation without its consent, or in its internal affairs with or without its consent, and to avoid all wars unless related to direct self-defense.
National security shall mean the freedom from military threat and political coercion both external and internal forces, as well as the protection or the safety of a country’s secrets and its citizens.
The primary meaning of "militia" shall be "defense activity", and only secondarily to those engaged in it, or obligated to engage in it. Jury duty shall be regarded as a form of militia duty.
A title of nobility shall consist of any legislated or judicially conferred privilege or immunity, not enjoyed by all, or to the detriment of others, that is not essential for the performance of legitimate official duties, and a grand jury may authorize civil or criminal prosecution of an official for exceeding their jurisdiction or abusing their discretion.
ARTICLE XVIII
The Powers of the Public Administration shall be derived solely from the provisions of this Constitution, or for the Alueets, by their respective Constitutions, and neither the Public Administration, nor any Agent or Member thereof, shall possess any inherent authority; the Public Administration shall neither have nor exercise any power other than those expressly conferred upon it by this Constitution, or for the Alueets, by their respective Constitutions.
All powers delegated in this Constitution are constrained to be exercised only for a proper, or reasonable, rational, and legitimate, public purpose, as a fiduciary trust for the general benefit of all the People and not for the special benefit of any part of them, partially but not completely stated in the Preamble. No power is plenary or without limits, and no power may be extended to accomplish a purpose without amendment. Relative to the people, no branch of government has inherent or reserved powers, implicit or assumed prerogatives, or presupposed attributes of sovereignty. Powers must be expressly granted to government by the people, and the extent and range of such powers shall be strictly, narrowly construed.
The Constitution of Arkonia shall be interpreted in good faith and literally (within strict constructionism), as far as it does not produce any absurd result, with due regard to the original intention behind its provisions; in case of doubt, consideration may be given to any statements or notes related to the text made before or at the time of its adoption.
The powers delegated by the Constitution to the government of Arkonia, shall be exercised as therein appropriated, so that the Legislative shall never exercise the powers vested in the Executive or Judicial; nor the Executive the powers vested in the Legislative or Judicial; nor the Judicial the powers vested in the Legislative or Executive.
People exercise sovereignty through the Powers of the Union and the Alueet powers, according to the distribution of jurisdictions as it is established in this Constitution and the respective Alueets’ Constitutions. The Alueets’ Constitutions and legislation, by no means shall challenge the stipulations and premises of the Federal pact.
The National government may neither issue directives requiring the Alueets to address particular problems, nor command the Alueets’ officers, or those of their political subdivisions, to administer or enforce a National regulatory program.
Powers not explicitly granted to a organization, institution, business, firm, corporation, or other commercial entity by its charter or by generally applicable laws governing all organizations, institutions, businesses, firms, corporations, or other commercial entities similarly situated are reserved to the Alueets, to the Congress in exercising its enumerated power to regulate commerce, and to the people.
Powers not delegated to Arkonia by the Constitution, nor prohibited by it to the Alueets, are reserved to the Alueets, respectively, or to the people thereof. Relative to the people, no branch of government has inherent or reserved powers, implicit or assumed prerogatives, or presupposed attributes of sovereignty. Powers must be expressly granted to government by the people, and the extent and range of such powers shall be strictly and narrowly construed.
The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the Citizens and other residents of Arkonia, which rights are inalienable.
The Constitution of Arkonia shall enter into force upon the approval of either two-thirds of the Congress, Conventions of two-thirds of the several Alueets, or by a simple majority of the People, so ratifying the same.