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by The Administrative Founders of Libertyworks. . 886 reads.

7th Constitution of the Commonwealth Of Liberty


We take inspiration from our great triumphs of the past, and we also look toward the future for continual success. With that in mind, we recognize that as a

government we serve the people, and that the people are the government. In order to form a more perfect Commonwealth, we adopt this constitution as a

beacon of democratic principles and liberty so that all in the Commonwealth may continue to prosper, by the grace of Max Berry, for ourselves and future

generations, combat inefficiency and oligarchism, do ordain and establish this Constitution for the Commonwealth of Liberty.


        CONSTITUTION OF THE COMMONWEALTH OF LIBERTY

ARTICLE I — SENATE

    CONCERNING THE SENATE

    SECTION I

All Legislative Authority & Powers granted in a legislative body, that shall consist of citizens whose voice shall reign supreme in an orderly Direct Democracy platform known as the Senate.

    SECTION II

The Senate, shall be composed of the entire citizen electorate to propose and vote on legislation submitted to the speaker, in accordance to what is defined as a citizen.

    SECTION III

The Senate shall be lead by a Speaker whom shall be elected for a term of each session, which is 100 days in correlation with the General Elections. The Speaker shall have the right to appoint a Speaker Pro Tempore in the case of his or her absence. Should the Senate oppose this appointment they shall have the right to overturn the appointment and appoint their own choice of Speaker Pro Tempore should a two-thirds majority vote to do so. The Speaker's duties consist of moderating the sessions and meeting times on the RMB, by proceedings and mannerisms which shall be listed in a "rules and procedures of Direct Democracy" which shall be proposed after the ratification of this constitution.

It is the Speaker’s duty to moderate debates and thus remain neutral, and whose duty is also to place regional polls (with settings requirements of Residents & WA members only) concerning legislation lasting for at least three days, and may not close the poll beforehand, unless finding formatting errors within the first 2 hours, as to allow each vote to go into the public record of previous polls. The Speaker has the duty to maintain an an updated factbook displaying all pending and passed legislation, posted as soon as the Speaker receives the request by TG, and thus before any meetings.

    SECTION IV

The "rules and procedures of Direct Democracy " shall be the way we conduct our democratic process when voting on proposed laws. It shall be conducted keeping in mind the right of citizens to gather together to form political parties/groups to express their political standings. Parliamentary-style rules or otherwise known as "Robert's Rules of Order" which shall officialize the sessions and ensure the order is maintained and all voices on any matter are heard. All voting by the Senate shall be conducted by a poll, lasting for two days after the debate/discussion has been conducted. Voting will be conducted by the Members of the Senate, which consit of the entire citizenry.

    SECTION V

The Senate shall have the power of the passage of laws. To provide for the citizens' common defense and general welfare and order as followed:
— The Power to Debate Bills before voting.
— The Power to vote on said Bills to be enacted into Law with an over/at 50.1% approval.
— The Power to Amend the Constitution with ⅔ Majority of those voting.
— The Power to approve all appointments to Cabinet Positions, Diplomatic Posts, and offices that may become vacant mid-term.
— The Power to change the representative symbols of the region with a ⅔ Majority (Flag, Coat of Arms, Etc.)
— The Power to overturn an Executive Order via changing the law of the Region.
— The Power to Hold Impeachment proceedings, and to remove persons from office with a ⅔ Majority.
— The Power to Hold Hearings to question any members of Government, under oath.
— The Power to Approve Treaties and Foreign Agreements.
— The Power to Declare War and Approve/Reject Military Action.

    SECTION VI

If the passage of a law comes to fruition:
All roleplay matters will be slotted into the RP Basic Law, whose flexibility is designed to organize and contain all RP laws in one accessible area to the public and whose sections are subject for change by Congress — All OOC matters relating to the governance of the COL shall be slotted into the Code of Law, which holds all rules of conduct concerning the Government & Legal Affairs.



ARTICLE II — EXECUTIVE GOVERNMENT

    CONCERNING THE EXECUTIVE GOVERNMENT

    SECTION I

The Executive Government shall be lead by the Office of the Presidency, which is held by the President. The President & Vice-President will be elected on a joint-ticket alongside the cabinet posts of Attorney General, & Secretary of the Commonwealth — All by a General Election which shall occur every 100 days since the start of a President’s term. The Office of the Presidency shall be obtained by being the candidate team which wins a majority of the ballots cast of at least 50.1% — should no candidate team reach the 50.1% threshold, a run-off election will follow concerning only the top two candidate teams, to reach that 50.1% threshold, afterwhich — He or She shall form a Government in the name of the Citizens of the Commonwealth of Liberty, after being invited by the Founders to do so in direct accordance to the results of the General Election.

    SECTION II

The Government shall consist of Cabinet Secretaries alongside the President, consisting of appointed members whom are citizens, and after they have reached a 50.1% Confirmation by the Senate. The Cabinet Secretaries are, and all answerable to the President and Senate:

— Vice President, shall support the President in his/her government's agenda and provide advise, and subsititle should the President be impeached, resign or cannot perform duties due to stated RL reasons.
— Secretary of the Commonwealth, concerning the foreign affairs of the region, the officialization of the vote totals, based on the definition of citizenship; and therefore passed laws concerning citizenship.
— Attorney General, acts as the adviser concerning Laws, and the attorney for the Government. The Attorney General shall ensure that all laws are enforced, and shall work to ensure the fairness of the region. The Attorney General shall advise the President on all legal matters, and etc. The Attorney General shall also act as the Representative of the Government on legal matters, and the spokesman for the Judicial Branch.

The Office of the Presidency has the right to establish new offices for his/her cabinet under issuing an Executive Order, but the seat's holder still must be approved by the Senate, with only an interim period of 10 days maximum before confirmation is required to go on, or at the Speaker’s earliest convenience within the 10 day limit.

The President of the Commonwealth of Liberty shall be sworn into office by the Chief Justice of the Supreme Court by taking this oath:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the Commonwealth of Liberty, and will to the best of my ability, support, protect, defend, and honor the Constitution of the Commonwealth of Liberty.”

All other cabinet members shall be sworn in using this oath, administered by the President or an Associate Justice of the Supreme Court. The oath being:

“I do solemnly swear (or affirm) that I will support and defend the Constitution of the Commonwealth of Liberty against all enemies, foreign and domestic, that I bear utmost and true allegiance to the same, that I take this obligation of my own accord, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office upon which I am about to enter.”

The Chief Justice and Associate Justices of the Supreme Court will be sworn in using the oath used by cabinet members. They will be sworn in by the President or the Speaker of the Senate in the absence of the President.

    SECTION III

The Executive Government shall govern aspects of the Commonwealth Of Liberty in following:

— Answer to the Senate in Hearings, as well as Judicial Hearings, if concerning a breach of a law.
— The Responsibility to update governmental sites such as the WFE and any factbooks related to their respected Government offices.
— President has the right to dismiss a Cabinet member or Diplomatic Representative with just cause.
— President has the right to create Cabinet secretaries if proposal to do so specifically is passed, although he may appoint administrators within Cabinet Offices without passage provided Cabinet Secretary agrees.
— The Power to appoint citizens to fill vacancies until a permanent replacement is approved by the Senate.
— The Power to ban trolls, password protect the region, and ban persons who have been convicted of crimes by the Court (Should they mandate it).
— Grant pardons with the advice of the Attorney General and an informed public but may be overruled by 1/2 of the Senate, if the historical record advises otherwise.
— The President may enact Executive Orders to enforce the laws of the region and in times of great urgency within the confines of their Constitutional Powers.

The President, members of Executive Government, and all civilian officers of the Commonwealth of Liberty, may be removed from Office on Impeachment for and Convicted on grounds of Treason during Office, and/or Abuses in power if deemed necessary by the Senate to be removed with a 2/3 majority if found in breach of the law.



ARTICLE III — THE FOUNDERS

    SECTION I

The Founders account (Libertyworks), shall hold certain powers which are to include the power to update the WFE, Ban Trolls, Reject Embassies from treason/animosity departure, Password-Protect the region in times of Election or Crisis/Threat, and act as the "Guardians of Commonwealth Of Liberty". The Founders will be tasked with the announcement of elections at least 10 days prior to the start of the General Election; in order starting with Speaker, then Cartography Deputies and finally the Presidency, and the publishing of General Election polls concerning only the WA citizenry. They shall be the ones to ask to form a Government, in the name of the Citizens of the COL, in which the Founders shall act in accordance directly to the General Election results. They are to hold no official power in this capacity aside those guaranteed to them by the Constitution and NationStates

    SECTION II

The Office of the Cartography Exchequer is the Roleplay (RP) Map of the Commonwealth Of Liberty. The Original Map Cartographer (OMC) updates the Dispatch|OCE, although has the right to permit the creation of systems to help map updating and — transfer/revoke the duties of Cartography to another citizen at his discretion, except in the case of the two deputies which shall be elected based on an election of the top two nominees to serve a term of 150 days, and shall aid the OMC in matters concerning land expansions & vetting processes for opened spots, in which transcripts must be made public afterwards and decisions only passed with a unanimous three vote confirmation if in the 'yes' category. This Office, as with all Government sectors is subject to Senate Hearings when concerned.



ARTICLE IV — JUDICIAL

    CONCERNING THE SUPREME COURT

    SECTION I

The judicial power of the Commonwealth Of Liberty, shall be vested in the Citizens Court [Trials] & Supreme Court to conduct the proceedings. The judicial power shall extend to all Cases, concerning OOC conduct and laws, arising under this Constitution, the Laws of the Commonwealth of Liberty, and treaties made.

    SECTION II

The Supreme Court shall consist of a body of appointed by the President (and approved by Senate with a 2/3 majority) Justices, who together shall have supreme legal authority in the Commonwealth, within the confines of the laws therein. The Supreme Court shall consist of 5 members, who shall serve a term of 6 months, and be led by a Chief Justice elected among them. For the purpose of complete neutrality, no person holding any other office — acting as an agent of the Government — shall be a Justice at the same time to which they are serving in a different capacity. Therefore, the requirements to hold the office of Justice shall be at least 12 month minimum period of citizenship - The position of Justice is an high office, with great responsibility, so no person should be appointed who does not possess a sound knowledge of the law.

    SECTION III

Whereas, all Judicial Powers shall be vested duly in the People of the Commonwealth of Liberty and Supreme Court.

— During a Trial concerning the impeachments/lawsuits, The Supreme Court Justices will act as moderators, and the citizens of the COL will act as the Jury.
— The Attorney General shall be the legal prosecutor, representing the Region/Government.
— The Defense Attorney shall be chosen by the Defendant, or be the Defendant themselves.
— Once the trial is over, a regional poll shall be put up in which all citizens will have the opportunity to vote Guilty or Not Guilty.
— In the event that a defendant is found guilty, the Attorney General and Supreme Court will decide on their sentence/punishment.
— Following this proceeding, the defendant shall have the right to appeal their sentence to the Supreme Court, who would have the authority to overturn the ruling or sentence.

    SECTION IV

The Supreme Court shall be afforded certain Powers and Duties, which are to include:
— The Power to Interpret the Law/Constitution and set Legal Precedent. (5/5 Majority for Constitutional Interpretations, 4/5 Law Interpretations.)
— The Power to declare actions of the Executive or Legislature Unconstitutional. (4/5 Majority)
— The Power to overturn rulings in the Citizen's Court for reasons of mistrial, contempt, or false legal practice. (4/5 Majority)
— If Majorities not reached, the lower verdict's upheld by de jure, if there is any to begin with.
— The Ability to try any foreign citizen/representative or resident who has broken COL Law.

    SECTION V

The Attorney General shall be afforded certain Powers and Duties, which are to include:
— The Power to handle all criminal proceedings.
— The Power to issue Warrants for Information linked to cases.
— The power to issue Subpoenas for Testimony from citizens, under oath.
— The Power to order Bans, and other punishments upon those who have been convicted of crimes.
— The Ability to try any citizen or resident who has broken COL Law.

    SECTION VI

Treason against the Commonwealth of Liberty, shall consist of only in levying aid to causing conflict with outside sources, adhering to their enemies, against the laws and beliefs of the region outside of vocal & democratic expression, Endangering of the people of the Commonwealth, and undermining her sovereignty. Conspiring with the COL's enemies, or seeking to bring the region down. No person shall be convicted of Treason unless on the testimony of direct valid proof or on confession in Open Court.

All acts of Treason must be punished with Banjections, however, such bans may be reduced in time or made into "Permabans" in extreme cases, which would require the approval of 2/3 Majority of the citizens who vote in an open poll. The Judiciary may not impose punishments that are cruel and unusual, and their punishments must be proportional to the crime committed.



ARTICLE V — DOCUMENT OF LIBERTY

    Preamble to the Document of Liberty

We hold that as Citizens, we are granted these basic rights so we may proposer in the Commonwealth of Liberty as both Individuals and a People and that no deception, from foreign manipulators nor unfair governmental policy, can subdue. A Citizen is defined as someone (a nation account) who holds World Assembly (WA) membership, whether that be on the main RP account or separate accounts that reside in the region as well, for cases in which they cannot join the WA on their main account, and has been in the COL for 7 days straight, any day before is defined as residency.

    SECTION I.

Senate shall make no law to disrespecting the separation of OOC and IC, or prohibiting the free exercise thereof: or abridging Freedom of Speech, of RP Canon Creativity, of Press, the right of the citizens to assemble peacefully, to express their desires to other citizens on cases of Thinking, and to petition the Government for certain actions.

    SECTION II.

Senate shall make no law that subdues the respected right of citizens to vote and participate in the government in accordance to the Constitution.

    SECTION III.

No citizen may be banned without a Fair Trial.

    SECTION IV.

The right of citizens to be secure in their persons, no person has to submit without a Court/Attorney General Warrant and/or without being before a Senate Hearing by A.G. Sepoina to answer truthfully under Oath. Although keeping in mind the right for others to have Truth, but said Truths cannot be rightfully punished unless still covered in a Court of Law.

    SECTION V.

In all criminal prosecutions, the accused shall enjoy the right to a fair and speedy public trial if holds citizenship.

    SECTION VI.

No person shall be subjected to trail for the same situational offense to be twice put in jeopardy of status and citizenship/residency, nor be deprived of RP, Property, Residency without due process in accordance to the law.

    SECTION VII.

The powers not delegated to the Commonwealth of Liberty are prohibited, but To make all 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 the Commonwealth of Liberty, or in any Department or Officer thereof.



ARTICLE VI — RATIFICATION

The Ratification of this Constitution of the Commonwealth of Liberty shall be sufficient for the establishment of an updated governmental system. All RP Basic Law & Map wording prior to this ratification will remain law and upheld so by this constitution, as will all future RP/OOC Law Proposals. The Supreme Court Justices shall continue to carry their legal terms. A General Election must be held within 10-days of Ratification. Done by Referendum poll to be voted on directly by the 6th constitution's definition of Citizenship, and hereby ratified on MONTH XXst, 2019 at 0:00:00 P.M. (EST).

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