Constitution of the Republic of Tinland
The following is a transcript of the Constitution of the Republic of Tinland, as adopted on January 19th, 2022.
WE THE CITIZENS, of the Commonwealth of Hawa, the State of Sumiaya, the State of Dolora, the State of New Port, the Northwest Territory, the Crownburg, and the Erkon Territory, as to ensure a general welfare, protect civil liberties and common defense, and to retain this confederation, we, the delegates, on the behalf of the several States and Territories, do ordain and establish this Constitution.
ARTICLE I
This confederation shall be granted the style of; “The Republic of Tinland”.
ARTICLE II
Each State shall retain their right to its sovereignty, jurisdiction, independence, liberties, and every power explicitly granted to them by this Constitution, and all powers which shall be explicitly prohibited to the government of the confederation, except such power is prohibited from both.
Each State shall perpetually hold the right to form and adopt their own constitutions for their respected governments and for the protection of the rights of their citizens; and that the government that shall be created shall be a republican form and adopted by the consent of the citizens within their jurisdiction.
All powers and rights not explicitly granted or prohibited to the States, nor explicitly granted or prohibited to the confederation, and be exercised by the governments of the said States and of the confederation.
ARTICLE III
Section I: For the better management of the general affairs of the confederation, there shall be established a federal legislature, which shall be denominated as; “The National Assembly”, which shall be composed of members elected by the people of each of the States, on the second Wednesday in September in the year of two thousand and twenty-two, and every second year thereafter.
Section II: The enumeration of the National Assembly, at its first session, shall be composed of twenty members, six of whom shall be from the Commonwealth of Hawa, four from the State of Sumiaya, five from the State of Dolora, and two from the State of New Port; each Territory within this confederation shall be granted one delegate, who shall be appointed by the executive authority within the Territory, at the advice and consent of the legislature therein. No State shall be represented by less than two, but no more than ten delegates.
Section III: In determining questions presented in front of the National Assembly, each member shall hold one vote, and all matters, except those explicitly stated, shall be resolved by a majority therein.
Section IV: No person shall serve as a delegate of the National Assembly, except if they are a citizen of the State or Territory which they are elected, for at least one year, and been a resident for the district that they are to represent for at least six months.
Section V: When vacancies occur inside the National Assembly, the executive authority of that State or Territory shall issue a writ of election to fill such vacancy, who shall be selected at the advice and consent of the legislature therein, and who shall serve until the end of the session; if any member shall be absent from their office, and excused, for more than ten days, the executive authority of that State or Territory may fill such vacancy, at the advice and consent of the legislature therein, and the appointee may serve until the member shall return to their duties.
ARTICLE IV
Section I: The times, places, and manners for the elections of the members of the National Assembly and other officers shall be prescribed by the legislature in each State and Territory, however, certain rules or regulations may be determined by the National Assembly. The National Assembly shall be the judge of the elections, returns, and qualifications of its own members.
Section II: Freedom of speech and debate in the National Assembly, shall not be questioned, nor impeached, by any court of the confederation, or of any State or Territory. The National Assembly may keep rules of its proceedings and the behaviors of its members, and by the concurrence of two-thirds therein, any member may be expelled for no more than twenty-four hours, but no member shall be expelled for the same offense twice.
Section III: The National Assembly shall keep and, from time to time, publish a journal of its proceedings and the votes of the members on all motions presented; provided also, that every journal shall be published at the end of each session with such secret information censored, except with the concurrence of two-thirds, whereby the journal shall be published sooner.
ARTICLE V
Section I: The National Assembly shall convene on the second Tuesday in January, every year, whereby the inaugural business of the National Assembly shall take place; and that a majority of members shall constitute a quorum, but a smaller number may convene day to day, but no vote may take place without the presence of two-thirds of members.
Section II: The National Assembly shall have the power to adjourn any time within the session, but that no adjournment shall be longer than one month; and that the National Assembly shall have the authority to appoint a committee to sit when the National Assembly is adjourned, to be denominated as; “The Committee of the Republic”, and shall consist of one member from each State, and who shall exercise the powers of the National Assembly, except the powers of war and foreign relations.
ARTICLE VI
Section I: The National Assembly shall have the sole and exclusive power and right to engage and determine war and peace between the confederation and any foreign state. Provided that, the confederation or any State or Territory shall not engage in war, unless it be actually invaded by any foreign state. Whereby, in the case of invasion, the National Assembly shall convene over the question of war and by the concurrence of two-thirds of members therein, the National Assembly shall call forth the militias of the several States and Territories and a declaration of war shall be enacted against the foreign state which had invaded. The confederation nor any State or Territory shall grant any letters of marque or reprisal, nor hire pirates or felons, nor enter into any treaty or alliance which violates the neutrality of the confederation. The National Assembly shall provide rules and procedures over captures of pirates or felons by the confederation or any State or Territory on land or water, and to provide and organize such courts for the trying and conviction of the said pirates and felons and of the punishments to the same. The National Assembly shall provide for the organization and general procedures of the militias of the States and Territories for the general defense and wellbeing of the confederation; provided also, that the clothing, arms, bedding, bathing, and other supplies for the maintaining of the said militias shall be appropriated out from the executive authority therein, at the advice and consent of the legislature of that State or Territory.
Section II: The National Assembly shall have the power, from time to time, to enter into treaties between the confederation and any foreign state; provided that, all treaties shall be entered into the laws of the Republic of Tinland as by the concurrence of two-thirds of the members of the National Assembly and approved by the government of the foreign state partied in the treaty; provided also, no treaty shall be entered into the laws of the confederation that violate or adjust the rights or powers of the States. The National Assembly shall also have the power to send and receive ambassadors and ministers to or from any foreign state, and to receive embassies and establish them within the jurisdiction of any State or Territory as with the consent of the legislature therein, and to establish the same within the boundaries of any foreign state.
Section III: The National Assembly shall have the authority to determine and regulate commerce and trade between the several States and Territories, and between the confederation or any of the States and with any foreign states; provided that, no act of the confederation concerning commerce or trade shall violate the right and powers of the several States to perform and impose tariffs, duties, and taxes on such imports or exports entering or leaving the boundaries of the that State; provided also, that no treaty of commerce shall be made between the confederation and any foreign state, except if the States subscribe the same provisions within the said treaty.
Section IV: The National Assembly shall have the sole and exclusive power to coin and regulate the currency of the confederation, including the authority to print, mark, measure, and set other standards; and to regulate the value of the currency against the values of foreign currencies; and to establish such mints for the printing of the currency thereof at the direction of the legislature of the State or Territory that the mint shall be established; and to borrow money on the behalf of the confederation for the general welfare and affairs of the same.
Section V: The National Assembly shall, from time to time, establish such departments and other civil offices and to appoint persons to serve on the same for the general welfare and affairs of the confederation; and the National Assembly shall elect a presiding officer, who shall be denominated as; “The President of the Republic”, who shall also be the chief ambassador and head of government of the confederation, and who shall not hold any vote, except if the National Assembly shall be equally divided; and the National Assembly shall also establish a common treasury and a postal service, which shall be funded by the National Assembly on the behalf of the confederation.
ARTICLE VII
The National Assembly shall have the power to create such necessary and proper laws concerning the jurisdiction of the confederation, or the powers of the said departments or civil officers, or of the general welfare or common defense or affairs of the confederation; provided that, every bill which shall be presented to the floor of the National Assembly shall be granted an enacted style, which shall be prescribed; “BE ENACTED BY THE NATIONAL ASSEMBLY OF THE REPUBLIC OF TINLAND”, and that all bills which shall be presented to the same shall be read to the National Assembly three times, on three different days, then all provisions of the bill and all additional amendments to the same shall be composed into the final version of the bill which shall be read in its entirety to the floor of the National Assembly, and if two-thirds of members approve of the provisions of the bill, the bill shall be presented to the President of the Republic who shall sign the bill making it law; provided that, every bill, resolution, and order proposed or enacted by the National Assembly shall be published in its entirety for the public’s interests; and that no special legislation shall be enacted, nor should any bill or resolution or any vote on the same shall be done in private or not entered upon the journal of the National Assembly or released for the public’s interest.
ARTICLE VIII
All charges for war and all expenses for the general welfare and affairs of the confederation, shall be paid out from the common treasury, and that the amount thereof shall be approved by two-thirds of members of the National Assembly, and that all monies within the said common treasury shall be supplied by the revenue of the States and Territories in proportion to the money earned that year; and that the amount owed by each of the same shall be determined by the executive authority of that State or Territory and approved by the legislature therein and accepted by the National Assembly; provided also, that no money shall be drawn out from the treasury without such law being enacted with the exact amount to be drawn.
ARTICLE IX
Section I: The judicial power of the Republic of Tinland shall be vested into one Supreme Court of the confederation, and in such inferior courts that, from time to time, shall be ordained and organized by the National Assembly.
Section II: The justices of the Supreme Court shall be elected by the people in each of the States on the second Wednesday in September in the year of two thousand and twenty-two, and every second year thereafter; and that, no person shall serve as a justice on the Supreme Court, unless if they have been a citizen of the confederation for at least one year, and have been a citizen and resident of the State in which they are elected for at least one year.
Section III: The Supreme Court, at its first session, shall nominate one of their members to be the presiding officer therein, who shall be denominated as; “The Chief Justice of the Supreme Court”, and who shall be at the advice and consent of two-thirds of the members of the National Assembly.
ARTICLE X
Section I: The jurisdiction of the Supreme Court shall be over such cases on the constitutionality of the laws, provisions, resolutions, and treaties entered into the laws of the confederation as by the National Assembly; to all cases interpreting the Constitution of the Republic of Tinland and the laws enacted thereof; to all cases concerning controversies between the confederation, or any State or Territory, and any foreign state on the basis of boundary or whatever; to all cases affecting ambassadors and other foreign ministers; to all cases between the government of any State or Territory against the government of the confederation, or all cases between any private citizen or citizens against the government of the confederation, or of the State or Territory in which they are residing; to all cases resolving disputes or controversies between any two or more of the States or Territories; to all cases concerning treason against the Republic of Tinland or any State or Territory therein.
Section II: In all cases of any private citizen or citizens against the government of the State or Territory in which they reside or in cases of treason against any one State or Territory, the jurisdiction of the Supreme Court shall be appellate, however, in all other cases, the jurisdiction of the Supreme Court shall be original.
Section III: The judgement of the Supreme Court on all matters under its jurisdiction shall be final and the parties and the several States and Territories shall enforce the decision made by the justices; provided that, no judgement shall be made unless all justices are present and a majority consent to one party; and that, the Supreme Court shall not hear any case or controversy that is solely in the sovereignty of any one State or Territory, or under the jurisdiction of any court thereof.
ARTICLE XI
The Supreme Court of the Republic of Tinland shall be the last resort for all controversies or disputes now subsisting, or that may arise hereafter between two or more States or Territories concerning boundaries, jurisdiction, commerce, trade, or any other cause whatever, which the said authority shall be exercised in the following manner: whenever the legislative or executive authority of any State or Territory being in a controversy shall present a petition to the Supreme Court to address the controversy, the petition shall be placed as an order of the Supreme Court and shall be voted on by the justices of the Supreme Court, provided that, all petitions shall be accepted by the Supreme Court if a majority of justices consent to the same. Whereby in that case, the Supreme Court shall appoint one of its members to serve as a commissioner and who shall meet with such lawful agents, which each party shall appoint one. If all lawful agents shall agree to a peaceful solution to the controversy then such decision shall be enforced; but if they cannot agree, the Supreme Court, by its clerk, shall send such notice about the controversy to each of the legislative or executive authorities in each of the parties, whereby they are required to appoint a legal counsel and select one of the members of the said counsel to be the lawful agent and to compose their evidence to support their claim. Then each party shall be presented in front of the Supreme Court and shall take an oath administered by the Chief Justice of the Supreme Court, and each shall be granted one day to provide and explain their evidence and the introduction of new evidence shall be accepted at the consent of the Chief Justice or by all justices of the Supreme Court; then the justices shall deliberate for no less than five, but no more than fifteen days over a solution to the controversy, whereby each solution created by the legal counsels of each party shall be reviewed by the same justices; and when a majority of justices consent to a said resolution adopted out from the ideas of the solutions by the legal counsels, the clerk therein shall call back the legal counsels to meet in front of the justices of the Supreme Court once again, where the Chief Justice shall declare its decision; provided that, if any party is to fail to compose such evidence, legal counsel, or select a lawful agent, or to neglect to show up to either the first meeting with the commissioner or the trial itself, or to be disrespectful to any one of the justices or collection thereof, or of the other legal counsels, or of their legal counsel, or to provide to the Supreme Court inappropriate evidence, the Supreme Court shall, nevertheless, provide a judgement which the disrespectful party shall be subjected to; provided also, that no evidence shall be presented in front of the Supreme Court if it shall have been adopted or created ten years prior to the adoption of this Constitution; provided also, that no State or Territory shall be deprived of its land or profit, which is not in dispute, for the benefit of the confederation or of any State or Territory.
ARTICLE XII
Section I: Any person that has been duly charged with treason, bribery, or any other high crime or misdemeanor, and who shall flee from justice and is found within another State or Territory, upon the demand of the executive authority of the State or Territory, which they fled, the person shall be delivered up and be charged for the crimes which they committed; provided that, if treason was committed against the entire confederation, or two or more States or Territories, they shall be delivered up to the Supreme Court.
Section II: Treason against the confederation shall be determined as planning or levying war against the confederation or two or more States or Territories, or assisting such enemies of the Republic of Tinland, by giving them shelter, food, or supplies at their own consent; provided that, treason against any State or Territory shall be considered the same, and that no person shall be charged with treason accept on the testimony of three persons, and all persons who shall be convicted of the same, shall be prohibited from holding any office of the confederation or any of the States or Territories.
ARTICLE XIII
The National Assembly has the power to conduct investigations on all possible criminal matters done by any officer of the confederation, and when the evidence may be fulfilling to their needs, the National Assembly may impeach and remove any officer of the confederation, who committed treason, bribery, felony, or any other high crime and misdemeanor determined by law, and that all said officers shall be removed by the consent of two-thirds of members of the National Assembly; provided that, the National Assembly shall not have the authority to make any judgement against any duly convicted officer, extending past removal from office.
ARTICLE XIV
Section I: No State or Territory shall enter into any alliance, confederation, or union between themselves or with any foreign state against the sovereignty of the Republic of Tinland; nor should any State, with Territories prohibited, enter into any treaty, or compact with any foreign state, except with the consent of the National Assembly, and which shall also be a signatory.
Section II: No State shall send any embassy to, or receive any embassy from, or exchange ambassadors with any foreign state, expect with the consent of the National Assembly and under such circumstances determined in the previous section of this article.
Section III: No State shall lay any imposts or duties on products being exported or imported from the confederation out of the ports within their jurisdiction, which may negatively affect the provisions of such general commerce laws of the confederation or of such treaties enacted by the National Assembly with any foreign state, and with the consent of the legislature in each of the States; nor shall any State lay such imposts or duties on the products entering their boundaries from any other State unequally compared to the same of any other State.
Section IV: No State shall emit any bills of credit, nor omit or disqualify the same, or set such appropriations between the currency of the confederation and any foreign money; nor shall any State, or the confederation itself, enact any bills of attainder, ex post facto laws, nor suspend habeas corpus against the citizens of the confederation; nor shall any official of the government within any State, Territory, or of the confederation, shall hold any grants or contracts of land within any foreign state during their tenure within the same; nor shall any governments thereof grant any title of nobility, to themselves or any citizen of the confederation, nor shall any citizen be granted the same by any foreign state.
ARTICLE XV
Section I: New States shall be admitted into the confederation upon the application of two-thirds of the members of the legislature thereof and three-fourths of the citizens therein, and with the consent of two-thirds of the members of the National Assembly; provided that, no new State or Territory shall be erected out from the jurisdiction of any State, or any collection of them, as without the consent of the legislatures concerned, along with the approval of the National Assembly; provided also, that all duly admitted States shall hold the same responsibilities, rights, and privileges as held by the other States.
Section II: The National Assembly shall have the power to make and dispose of all needful and general rules and regulations concerning the Territories of the confederation, and all other such lands belonging to the confederation which shall be said under contract between the National Assembly and other particular State or States, and whereby such laws enacted thereof, shall not infringe upon the rights or sovereignty of any State.
ARTICLE XVI
The members of the National Assembly, the President of the Republic, and such other officers of the federal government, and of the several States and Territories shall be bounded by an oath to support and defend the Constitution of the Republic of Tinland, and such respected and entitled laws for their office, which shall be administered and determined by the legislature therein; and that, each of the said officers shall receive just compensation for their services to the confederation and the several States and Territories, which shall not be diminished or altered during their term, or within one year before the regulated census, or two or more years following the said census.
ARTICLE XVII
The members of the National Assembly and such other taxes and duties as appropriated by the National Assembly and the several States and Territories shall be apportioned by among to the same, which may be determined by adding up the total number of people, every tenth year, or by another set time as established by the National Assembly; and that the National Assembly may provide for certain legislation concerning the procedures and appropriations for the execution of this article.
ARTICLE XVIII
Section I: Full faith and credit shall be granted to each of the States and Territories to respect such public acts, records, contracts and treaties, judicial proceedings, and elections of the other States and Territories, and of the confederation; provided that, all acts, records, treaties, proceedings, and elections between the several States and Territories shall be solely enforced within the jurisdiction of the State or Territory which had enacted such.
Section II: That the acts, treaties, and judicial proceedings of the confederation shall be supreme over the same of the several States and Territories, within the jurisdiction of the government of the confederation, nevertheless, under the jurisdiction of the States and Territories, the acts, treaties or contracts, and judicial proceedings of the same shall be supreme over the confederation.
Section III: The citizens of each of the several States and Territories within this confederation shall be guaranteed all the rights, immunities, and privileges held by the citizens of the other States and Territories, and of the confederation itself; and that no State or Territory shall infringe upon the rights of its citizens, or of any citizens of any other State or Territory, or of any citizen of any foreign state.
Section IV: All persons currently residing within the jurisdiction of the confederation, or of any State or Territory, upon the adoption of this constitution, shall be considered to be a citizen of the Republic of Tinland and of the State or Territory in which they reside, as appropriated by law.
ARTICLE XIX
Section I: All debts or bills of credit as appropriated by the several States and Territories or of the confederation, shall be valid against the confederation, as it was under the previous constitution, and whereby the payments to the debts and amounts due shall be prescribed and appropriated by the laws of the National Assembly.
Section II: All public acts, records, contracts, or treaties, done by any of the several States or Territories, or enacted by the National Assembly shall be continued to be enforced by the necessary officers, except if they are deemed to violate this Constitution or the powers of the same, or of the several States or Territories, or of the Republic of Tinland.
ARTICLE XX
The National Assembly, whenever three-fourths of the members therein may deem it necessary, or upon the application of three-fourths of the respected legislature in each of the several States, shall call forth a convention for the proposal of an amendment to the Constitution of the Republic of Tinland; whereby the executive authority thereof shall appoint delegates to the convention, at the advice and consent of the legislature therein, and shall have supported by an oath as administered by the chief justice or judge of the supreme or superior court of the State; and that the National Assembly shall appoint of the several delegates to serve as the presiding officer of the convention. The proposed amendment shall be presented in its entirety to the convention, which may alter, amend, or strike out such provisions or sections that do not receive the consent of two-thirds of the members therein, and once the final draft of the amendment is proposed to the entire convention, and upon the concurrence of all members of the convention, it shall be granted to either the National Assembly or the respected legislature of the several States, depending on where the convention was proposed, and upon the consent of three-fourths of the members of the National Assembly, or three-fourths of the legislatures of the several States, the approved provisions of the amendment shall be enacted into the Constitution of the Republic of Tinland.
DONE BY THE CONVENTION OF THE REPUBLIC OF TINLAND, by the unanimous consent of the members of the convention, representing the several States and Territories of this confederation, and with the consent of three-fourths of the legislature within each of the States and Territories therein, on the nineteenth day of January in the year of two thousand and twenty-two, and in the third year of the independence of the Republic of Tinland, we, the undersigning delegates, do hereby ordain this Constitution for the Republic of Tinland.