Petition to amend the Tusmorish constitution

Your Majesty, Premier, Senators, and Supreme Justice, and people of the Kingdom of Tusmore, I hereby petition you honorable individuals, through your pledge “to uphold our values, traditions, and liberties”, to now assemble for the common good to amend the constitution so that the means by which the government should operate will not come into question concerning ability or repugnance to the constitution of the empire. It is in the common interest that the powers which are defined in Title VII of the constitution of our kingdom, assemble themselves to correct the incompatibilities which I shall shortly outline. I again call on you for the common defense of liberty, for the ship of state may have a crew, but without oars or a sail it cannot go forth.

It is by careful study which I have found the following to be repugnant to clauses in the constitution of our kingdom or our empire:

1. In Title III, Chapter III. paragraph 25, it wholly states: “Members eligible for the Executive Cabinet must be 13 years of age and a member of the governing party for at least one month.” In the Bill of Rights, Chapter II, § 2 it wholly states: “The people of Tusmore have the right to freedom of expression and association. No government, either state or federal shall infringe on the general will of the people.” I find that the first clause is repugnant to the freedom of association in that an individual must be a member of the governing party to become a member of the cabinet. If “... No government, either state or federal shall infringe…” then the cabinet must be held to no different standard.

2. In the Bill of Rights, Chapter IV, § 4, it wholly states: “The people of Tusmore have the right to a fair trial before the law. No one shall be convicted of committing a crime or high treason unless proven guilty in a court of law. The right of habeas corpus shall not be infringed. The Senate assembled shall conduct judicial review and handle judicial matters.” In the Constitution of Abelden, Title IV, Chapter 1, paragraph (2), it wholly states: “The judiciary is independent and subject only to the law. The judiciary must apply the laws impartially and fairly.” I find that the first clause repugnant to the ideals of an impartial judiciary and to the explicit requirement in the Abeldane constitution. Since the judiciary is unmentioned in the Constitution of Tusmore, I have elected to use the Merriam-Webster definition: “a branch of government in which judicial power is vested”. The Abeldane Constitution states “the judiciary is independent and... must apply the laws impartially and fairly”. Meanwhile the Senate of Tusmore may “...conduct judicial review and handle judicial matters”, which qualifies the definition of judiciary. Furthermore, the Senate is currently and inherently partisan which violates the duty of the judiciary to “...apply the laws impartially and fairly”. If we are to have a judiciary it must be separate and impartial.

3. Title II, Chapter II, paragraph 14 of the Tusmorish Constitution it wholly states: “All legislative powers are hereby granted to the Senate of Tusmore.” In Title IV, Chapter II, paragraph 27, of the same it states: “The Monarch can give assent to laws passed by the Senate and order decrees.” I find the second clause repugnant to the first in that ‘all’, again defined by Merriam-Webster as being: “the whole amount, quantity, or extent of”. This means that the whole amount of legislative power is vested in the Senate and no other individual or body may also wield the aforementioned power. If we should have a monarch who can or cannot use their power vested by position, let it be with either limit or without conflict of clauses.

These things I respectfully submit to your review and consideration, and wish reason and fairness guide your decisions.

Written the nineteenth of May, in the year two-thousand and twenty by:

William Wilson