Constitution of the Independent Federal Republic of the Arstotzkan Union

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Preamble

We the people of the United Republic known as the Independent Federal Republic of the Arstotzkan Union in united congress henceforth set out the rights and well beings of our peoples in order to form a more perfect union of peoples free from international tyranny and injustice. We create, establish and ratify in good faith this document known as the Constitution of the Independent Federal Republic of the Arstotzkan Union.

We create this document in order to form a symbol of the successful socialist union to become a statue into the world of international politics for the obliteration of capitalist systems and to free the proletariat from the imperialist capitalist regimes of the Western Hemisphere. The duty of the Independent Federal Republic of the Arstotzkan Union shall be to unite all nations under democracy and socialism.

We shall continue the mission of the Union of Soviet Socialist Republics and spread global socialism for the freedoms of the proletariat.

Section 1

Article 1:

The Independent Federal Republic of the Arstotzkan Union is a completely sovereign and independent state, to which our sovereignty shall extend to all claimed land and territories that make up our united republic.

Article 2:

This republic must be that of a unified coalition of individuals, under the freedoms of this constitution and the philosophy of Arstotzkanism. Under no circumstances shall any piece of this republic be governed by a foreign individual, a separate state and/or nation.

Article 3:

The names for this republic:

  • The Independent Federal Republic of the Arstotzkan Union;
  • Arstotzkan Union;

Are all names that are approved as the official names of this republic by the Arstotzkan Federal Government.

Article 4:

State Federalism shall be in place of this government by this Constitution to allow for the governing of the territories of the Arstotzkan Union.

Article 5:

The powers of a good government with the ability to pass, create, repeal legislation on the advise of the Office of the Presidency (which is also to be created as per this Article) shall be vested in the Arstotzkan Federal Government.

  • Paragraph 1: The Arstotzkan Federal Government will be comprised of three branches of equal government, the executive, legislative and judiciary.
  • Paragraph 2: Equal separation of the branches of government shall be observed.
  • Paragraph 3: The States and Territories of the Arstotzkan Union shall elect representatives to the House of Representatives. The House shall have supreme authority over the States and Territories but will be subject to the powers of this Constitution and any extended Framework.

Section 2

Article 1:

The People of our republic, known as the Independent Federal Republic of the Arstotzkan Union, shall have their god-given rights, of which are:

  • Freedom of Life
  • Freedom of Liberty
  • Freedom of Happiness
  • Freedom of Humanity
  • Freedom of Property, as prescribed by law

Article 2:

The rights henceforth guaranteed by this constitution and the republic for which protects it and for the people of our republic are:

  • Freedom of Speech
  • Freedom of Assembly
  • Freedom of Religion
  • Freedom of the Press
  • Freedom of Expression
  • Freedom of Privacy
  • Freedom of Sexual Orientation
  • Freedom of Sexual / Gender Identity
  • Freedom of Sexual Expression
  • Freedom of Same-Sex Activities

These rights must be absolutely protected and no person shall be hindered from any duty in his or her military, government or civil service because of their expression of the aforementioned freedoms.

  • Paragraph 1: Sexual Activities shall only be allowed through twin party consent. Consent can only be given through the eyes of the law of the Independent Federal Republic of the Arstotzkan Union, between two parties over the age of sixteen years.
  • Paragraph 2: Transgendered persons shall have the right to the changing of their gender and shall incur no punishment for the application of this right.

Article 3:

The borders of the Independent Federal Republic of the Arstotzkan Union are to be open to anyone. No man shall be hindered from entering any state or territory of the Independent Federal Republic of the Arstotzkan Union, unless otherwise stated.

Article 4:

The citizens and residents of the Independent Federal Republic of the Arstotzkan Union have such unalienable rights that justify their humanity. These are set out by the United Nations in the Universal Declaration of Human Rights, which are adopted by this Constitution.

Article 5:

No person in the Independent Federal Republic of the Arstotzkan Union shall lose any of their inalienable rights, under any circumstances. It must be the priority of the Arstotzkan Federal Government and President(s) of this republic to defend, protect and sustain these rights from foreign threats or radical or tyrannical governments.

Article 6:

All citizens and residents have the right to create any or join a group that has beliefs that may be radical to the nation. The Federal Assembly, nor the President(s) of the Arstotzkan Union have the right to abolish, destroy, or use the People's Armed Forces of the Arstotzkan Union to destroy them. Unless said group shall be labeled as a threat to the Arstotzkan Union.

Article 7:

No person or persons has the right to denounce the President(s) or the Arstotzkan Federal Government and or challenge their right and or power. If so they must be tried in the Supreme Federal Court under the terms of due legal processes set forth in this republic.

Article 8:

Any person who is born in any of the sovereign lands of our state of the Independent Federal Republic of the Arstotzkan Union, shall have the right to receive automatic citizenship and that the individual’s citizenship shall be recognized by any foreign nation as legitimate.

  • Paragraph A: Should that person be born in any place of the Independent Federal Republic of the Arstotzkan Union, they shall not be subjugated to any form of Civil suspension or held back from anything in our nation based on their blood (ethnicity)
  • Paragraph B: Should that person be born in the Independent Federal Republic of the Arstotzkan Union they shall never be subjugated based on the place they were born, all persons born in our republic shall be seen as equal for all

Article 9:

Any person who has committed a crime in the Union has the right to a free and fair trial and that a person shall not be convicted on grounds where a lack of evidence is presented.

  • Paragraph 1: Any person in the Independent Federal Republic of the Arstotzkan Union has the legal right to a just and speedy trial
  • Paragraph 2: Any person in the Independent Federal Republic of the Arstotzkan Union shall have the legal right to try and file a legal complaint and/or suit against the Arstotzkan Federal Government, or any department, house of the federal government or member of any branch et al. of the Arstotzkan Federal Government, including the members of the Executive Branch.
  • Paragraph 3: No Person in the Independent Federal Republic of the Arstotzkan Union shall be subject to an arrest where evidence is presented in a manner consistent with “probable cause” or in any unethical manner or in a manner which violates the rights of the individual (as set forth in Article 2, Section 2 of this Constitution)

Article 10:

The use of tobacco or nicotine related products such as cigarettes, cigars or any vapour-based devices in our sovereign Republic shall be banned for the life of this Constitution. Prosecution shall be delivered by the proper Article of the Act or Assembly relating to the codified criminal law of the Independent Federal Republic of the Arstotzkan Union.

Article 11:

Slavery of any kind is Illegal and shall be banned in the Independent Federal Republic of the Arstotzkan Union, and all Territories. Slavery is banned under rights outlined in the Universal Declaration of Human Rights. Any person who may have been held into slavery or servitude prior to this Articles ascension, shall be free no matter their status and shall become full citizens of the Independent Federal Republic of the Arstotzkan Union.

  • Paragraph 1: No citizen, who was formerly held in bondage or servitude prior to the ascension of this article shall be targeted by any person in the Independent Federal Republic of the Arstotzkan Union; and shall also not withhold the rights granted of citizenship to this republic.

Article 12:

No group in the Arstotzkan Union shall have the power or authority to commit crimes against the Arstotzkan Federal Government, Arstotzkan High Command or the Office of the Presidency or any area of the Independent Federal Republic of the Arstotzkan Union.

Article 13:

The Independent Federal Republic of the Arstotzkan Union shall protect the Freedom and Right of a Women of this republic to have a safe and protected Abortion.

Article 14:

The Independent Federal Republic of the Arstotzkan Union will not tolerate any forms of Neo-Fascism or Neo-Nazism or any group that holds hateful ideologies that may cause acts of Terrorism. The Arstotzkan Federal Government shall ensure that this Article is enforced and severe persecution must be ensured.

Section 3

Article 1:

The Arstotzkan Federal Government of the Independent Federal Republic of the Arstotzkan Union, in good faith and respect of the rights of this Constitution shall not have the power to create, pass or ratify any Act, Statute or Law that allows for the discrimination of any individual regarded as a citizen, resident or immigrant of the Independent Federal Republic of the Arstotzkan Union.

Article 2:

Any piece of Legislation that is created must be passed by the Arstotzkan Federal Congress and presented to the people of the Independent Federal Republic of the Arstotzkan Union before becoming law.

Article 3:

Under no circumstances will the Independent Federal Republic of the Arstotzkan Union be at any form of war with an allied nation, unless this nation has committed a crime, attacked and/or committed an act of war against the Independent Federal Republic of the Arstotzkan Union.

Article 4:

The Arstotzkan Federal Government shall seek to embolden the ideal that a government should be made of the people, by the people and for the people and shall act in accordance with all standards of democracy.

Article 5:

The Independent Federal Republic of the Arstotzkan Union shall and is to, put up any offer to any and all allies in the event they are attacked or are threatened by a foreign aggressor.

Article 6:

The Federal Assembly of the Arstotzkan Union shall have the authority to create legislation, as well as a veto against the ideas, laws and legislation that have been created by the members of the Office of the Presidency. No other house and or branch of the Arstotzkan Federal Government shall have any authority to disregard the orders of the Federal Assembly of the Arstotzkan Union. The Federal Assembly of the Arstotzkan Union shall only use this if it is the belief (in congress) that actions by the aforementioned departments pose a threat to the security and sovereignty of this republic.

Section 4

Article 1:

The President of the Arstotzkan Union must swear to:

  • “I, [Name], do solemnly affirm that I will faithfully execute the esteemed role of a supreme member of the Office of the Presidency of the Independent Federal Republic of the Arstotzkan Union. I pledge to uphold the Constitution and safeguard the citizens of the Arstotzkan Union, employing all necessary measures to perpetuate peace. I vow to staunchly defend our people and our allies, ensuring the endurance of our collective prosperity for generations to come. May god bring guidance in leading me to defend, protect, and govern with utmost diligence and capability.”  

The Vice President must swear to this oath under the office of the Vice President. That being:

  • “I, [Name], solemnly affirm to assume the responsibilities of the Vice Presidency with full comprehension of its significance. My role is to support and oversee the President(s) and their citizens, fostering equality and unity within our Nation. It is with great honor that I accept the duty to step into the role of the President, should they be unable to fulfill their obligations. Under the watchful eye of the divine and with the support of the People, I pledge to defend and protect the Constitution to the best of my abilities.”

Article 2:

All public or government officials are to be elected through free and fair elections, and in a manner of which reflects the philosophy of Arstotzkanism

Article 3:

If a President is to resign. The Executive Committee to the Office of the Presidency will take his/her place until a suitable replacement can be found. If the Vice President takes the Office of the Presidency, he/she must be under the full direction of the Committee until he/she is sworn in as President.

Article 4:

The President(s) must use/abide by, The Articles set out in the Constitution of the Independent Federal Republic of the Arstotzkan Union. As well as use it for the most supreme article of legislation in the Independent Federal Republic of the Arstotzkan Union.

  • Paragraph A: No Act, or Statue can be created by any member of the houses of the Federal Assembly of the Arstotzkan Union, that can supersede the legislative power of this Constitution.
  • Paragraph B: The Office of the Presidency will act as the Executive of the Constitution of the Arstotzkan Union and will have the power to pass, change or edit this Constitution when aspects of the Independent Federal Republic of the Arstotzkan Union change or update.
  • Paragraph C: An Amendment Act shall not be required to be passed by the Office of the Presidency. An Executive Presidential Order will also not need to be passed to change the Constitution unless the Constitution requires adding of aspects that haven’t changed or new Amendments require creation then standard Legislative processes must be used.

Article 5:

It shall be the duty of the Presidents to defend the nation, as well as her people. The President shall be aided by the Arstotzkan Federal Government in their quest to uphold this duty.

Article 6:

Anyone who is enlisted into the Arstotzkan Federal Government, and People's Armed Forces of the Arstotzkan Union must swear an oath of allegiance.

For a person who joins the Arstotzkan Federal Government they must say:

  • “I [Name] must fulfill my duties as an elected representative and member of the Arstotzkan Federal Government. It shall be my duty to aid the President(s) in their duties as Head Of State and I shall protect the Constitution and legal rights of every citizen, to the best of my ability.”

For a person who joins the PAFAU they must say:

  • “I [Name] must fulfill my duties as a soldier in the People's Armed Forces of the Arstotzkan Union and I shall protect the people of the Arstotzkan Union from threats that may impede on the rights of the citizens and the security of the Constitution. It shall be my duty to also protect the national security of the Independent Federal Republic of the Arstotzkan Union.

Article 7:

In the event that a President is to resign, they must perform no more than 20 days of service as the Acting (of their order) President and once this has been completed, the Vice President will become the President (of their order).

Article 8:

The President(s) and Office of the Presidency shall have the authority to commit a “Presidential Guardianship Order”. This shall give the President(s) the authority to order the Supreme Commanding General of Arstotzkan High Command to use the People's Armed Forces of the Arstotzkan Union for the protection of the following, in the immediate:

-       (a) Territories of the Arstotzkan Union

This can only be done in a time of crisis at both places. New Zealand, if affected, shall recognise this as assistance from the Independent Federal Republic of the Arstotzkan Union and shall not attempt to begin a war with the Independent Federal Republic of the Arstotzkan Union.

Article 9:

No one man shall hold supreme power over the Independent Federal Republic of the Arstotzkan Union and thus, a Twin - Presidential system shall remain in the Office of the Presidency. This Article shall enforce that the Office of the Presidency shall remain the Supreme Office of the Executive of the Arstotzkan Federal Government and shall hold all power over the Independent Federal Republic of the Arstotzkan Union

Section 5

Article 1:

All Territories and States must recognize this document as law and as the main document of Federal Law in the Independent Federal Republic of the Arstotzkan Union. All documents of legislation created by the Arstotzkan Federal Government shall be recognised as law in all territories and states of the Independent Federal Republic of the Arstotzkan Union.

  • Paragraph A: The House of Representatives of the Arstotzkan Union shall not have the right to create any form of legislation of which is of higher importance than this constitution.

Article 2:

Arstotzkan Defended Sites shall have the same rights as a Territory of the Arstotzkan Union. They shall not have a governing body as head similar to Territories, however, they are protected by the Arstotzkan Site Protection Authority and will be under the joint command of the Arstotzkan Federal Government and New Zealand Government.

Article 3:

Tourists to the Independent Federal Republic of the Arstotzkan Union shall be protected under the Laws of the Independent Federal Republic of the Arstotzkan Union. They shall also receive protection similar to that of Residents.

Article 4:

Tourist sites of the Independent Federal Republic of the Arstotzkan Union shall be protected by members of the People's Armed Forces of the Arstotzkan Union , under the command of the Office of the Presidency.

Section 6

Article 1:

This Constitution shall not be considered a government document in any other nation except the Independent Federal Republic of the Arstotzkan Union. It also is not considered a part of the original Constitution of the Arstotzkan Union (Published Pre Sept. 2019)

Article 2:

Any Document published and adopted before the First Civil Conflict is not considered law in the Independent Federal Republic of the Arstotzkan Union. The Official Constitution of the Arztotzkan Union (Published Pre Sept. 2019) shall not be considered law, under this article.

Amendments

First Amendment:

The Independent Federal Republic of the Arstotzkan Union shall act in accordance with International Law regarding the protection of indigenous individuals. The Independent Federal Republic of the Arstotzkan Union will accept and protect the indigenous individuals known as Māori and will ensure they are given the same respective rights as any other citizen of this nation.

Paragraph A: The Independent Federal Republic of the Arstotzkan Union shall under no circumstances allow the violation of these rights in both the Independent Federal Republic of the Arstotzkan Union and New Zealand