NationStates Jolt Archive


Imperial Republic of Nycton Constitution

Nycton
05-11-2004, 08:21
This is the Constitution of the Imperial Republic of Nycton. I am still fixing some minor problems in it, but this is mostly it's final draft. All the margins are quite messed up because I typed it in MS Word, so pay attention to the numbers and numerals. Tell me what you think.

PREAMBLE

We, the people of Nycton, do establish and defend the Imperial Republic, to affirm the Imperator and Imperial Senate before State, State before Freedom, and Freedom before Life, to ordain and establish the Constitution of the Imperial Republic of Nycton for the preservation of strength, honor, and freedom, for all.

ARTICLE. I. THE IMPERIAL SENATE

1. The legislative power of Nycton shall be vested in the Nycton Imperial Senate, which shall be composed of three hundred (300) geographic prefecture Senators.

2. Members of the Senate must fulfill the following restrictions before running as a candidate for the office of Senator of Nycton, in good standing.

a. The Imperator shall not serve in the Senate.

b. No full member shall be considered a viable candidate for the Senate unless he or she has attained the age of 25 years, and not passed the age of 65.

c. No Senator may hold, nor run, for more than one Senate seat at a time.

d. There are ten (10) Senators to each of the 30 Nycton political providences.

e. A Senator may not run for more than a total of 20 years of his lifetime

f. Who is a national citizen of Nycton.

g. Who does not claim foreign nationality or protection.

h. Who has not been sentenced to a. term of imprisonment, for a period not less than 1 year in respect of any offence not of a political nature, or has been sentenced to any imprisonment for theft, bribery, treason, forgery, fraud or any other crime incompatible with personal honor.

i. Who not is a lunatic or an idiot.

j. Who not is related to the Imperator in such degree as may be prescribed by special law: Provided always that no person may be a member of any branch at the same time.

3. The Senate shall have and exercise the general powers and duties usually vested in the operating board of a corporation, but specifically to include the following powers and duties:

a. to confirm by two-thirds (2/3) consent of seated membership Imperial Senate,

b. to ensure that elected and appointed Nycton officials faithfully execute and abide by Nycton policies and laws,

c. to impeach Nycton officers,

d. to maintain regular communication with their respective chapters and individual members,

e. to approve Treaties with other nations or states,

4. Every Bill which shall have passed by the Imperial Senate, if approved by one-half (1/2) vote and proposed originally by the Imperial Senate, shall, before it becomes a Law, be presented to the Imperator; If he approve he shall sign it, it will be law, but if not he shall return it, with his objections to the Imperial Senate. A reconsideration and be to be revised, shall be made on the bill and be re-passed by the Senate, be presented to the Imperator, if not he shall return it again, a vote by which it shall, if approved by seventh-eighths (7/8) of the Imperial Senate, it shall become a law. But in all such cases yeas and Nays shall determine the votes of the Imperial Senate, and the names of the persons voting for and against the bill shall be documented respectively. If any bill shall not be returned by the Imperator within 30 Days, after it shall have been presented to him, the presented bill shall be a law, in like manner as if he had signed it.

a. The Imperator may propose a bill to the Imperial Senate, if passed by a one-fourth (1/4) vote, it shall be law.

b. Any Imperial Senator may propose a bill with nine (9), pre-approved signatures of other Imperial Senators.

5. Meetings

a. The Imperial Senate shall communicate at least electronically, four times monthly, with exceptions for vacations and breaks.

b. The Speaker of the Imperial Senate shall be the President of the Senate. In the absence of the Speaker, the Vice-Speaker of the Imperial Senate shall chair the Senate.

(1). The Speaker of the Imperial Senate shall be biennially elected by a majority vote from the seated Senate membership.

(2) The Speaker of the Imperial Senate shall have and exercise the following powers and duties:

i. to administer and coordinate all internal affairs of the Senate,

ii. to create, maintain and amend the official legislative calendar of the Imperial Senate,

iii. to set and adopt the Senate agendas,

iv. to act as the authority concerning referral, review and revision of any laws, codes, rules, or regulations affecting the governance of Nycton;

v. to advise the Imperator of news and results of happenings in the Imperial Senate,

vi. The Vice-Speaker of the Imperial Senate shall assist the Speaker of the Imperial Senate in the administration of the Imperial Senate.

6. Senators and Senators-elect may be removed from office via the following recall process:

a. Petitions calling for removal from office of a named Senator or Senator-elect shall be signed by thirty percent (30%) of the Senator or Senator-elect's constituents and shall be submitted to the Speaker of the Imperial Senate for verification.

b. Upon verification, the Senate shall set a reasonable date or dates for a recall election

c. Forty percent (40%) of constituent voter turnout is required for validation of the recall election.

d. A majority affirmative vote shall be required for recall.

7. Vacancies

a. Should a Senate vacancy occur, the Speaker of the Imperial Senate shall submit, a list of no more than three (3) nominees for the vacancy to the Imperator for appointment.

8. The Senatorial Army

a. Shall be the personal fighting force and/or bodyguards to the Imperial Senate.

b. The appointed Senatorial Army prefect shall have official command over the Senatorial Army, after careful deliberation with the Imperial Senate about general commands given to the Senatorial Army Prefect.

c. Shall never exceeds the size over 3 Legions or 30,000 men.

d. Shall take an oath to defend the Imperial Senate and People of Nycton.

ARTICLE. II. THE EXECUTIVE BRANCH

1. The executive power of Nycton shall be vested in the Imperator. The Imperator has unlimited and absolute power throughout the Imperial Republican of Nycton, except for the Imperial Senate.

2. The Imperator shall be the chief executive officer of Nycton and all other members of the Executive Branch shall be responsible to the Imperator. The Imperator shall have and exercise the general powers and duties usually vested in the president and chief executive officer of a corporation, but specifically to include the following powers and duties:

a. to appoint the Praetorian Guard Prefect, Grand Field Marshal, be High Ambassador, subject to the consent of the Imperial Senate.

b. to make all appointments not otherwise covered by the Constitution,

c. to veto any acts and confirmations of the Senate except vacancy appointments,

d. to declare Marshal Law.

(1). A statewide Marshal Law can only be overturned by a two-thirds (2/3) Imperial Senate vote

(2). A Province Marshal Law can only be overturned by a majority vote in the Senate.

e. to appoint vacant spots in the Imperial Senate

3. The Imperator of the Imperial Republic of Nycton shall name an heir at the start of his life long term. He may change his heir at anytime during his life as long as he is Imperator.

4. On accession to the position, the Imperator shall swear an oath before the Imperial Senate and handpicked important persons, which shall be presided over by the Speaker of the Senate, that he will observe the terms of the constitution, preserve the independence of the country and strive faithfully to further the interests of both state and people.

5. The Imperator shall attain his position on completion of the 18th year. In the event of the position passing to a person below that age, the Imperial Senate shall appoint a known person to Steward, to hold the Imperator’s position, until such time as the Imperator reaches proper age. The Steward shall swear an oath before the Imperial Senate and handpicked important persons, as prescribed in the preceding article. Until such time as the Steward has been appointed and has token the Steward shall exercise the oath, the constitutional duties of the Imperator. No modification may be introduced into the constitution during the Steward’s rule concerning the Imperator's duties and succession to his position.

a. No Minister may act as Steward. If a member of the Imperial Senate or any Judge, be it Supreme court or Lower court, is appointed Steward, he may not carry out his Senator or Judical duties while acting in that capacity.

b. The Steward must be of Nycton nationality and must not be less than 30 years of age, but, a male relative of the Imperator who has completed his 21st year may also, be appointed.

6. The death sentence shall not be, carried out until confirmed by the Imperator. The Imperator may reduce sentences or remit them by special pardon. He may also pronounce a general amnesty subject to the consent, of both assemblies

7. The Imperator concludes treaties. He may not ratify them, however, until the Imperial Senate and Department of Foreign Diplomacy have approved them.

8. The Imperator, appoints and dismisses all diplomatic representatives, bestows military rank, unless, ill accordance with special regulation, he delegates that power to some other authority. He also has the right of conferring honors and titles and similar marks of distinction.
9. The coinage shall be struck in the Imperator's name. Stewards of great deeds to the state may also have coinage struck in the name, upon ratification by a people’s vote.

6. Praetorian Guard

a. The Praetorian Guard is a personal elitist army for the Imperator to control in any way shape or form.

b. The Praetorian Guard will consist of 10,000 men made up of 10 Cohorts.

c. Will swear under oath to pledge all his honor or life to the Imperator.

The Imperator shall have other powers and duties, described and outlined by the Nycton By-Laws.

ARTICLE. III. THE JUDICIAL BRANCH

1. The Supreme Court can interpret the law of the Imperial Republic, and handle all major court actions.

a. to have a max of 10 Supreme Justices, appointed by the Imperator

2. The Lower Court handles median violation of the law. There can only be thirty (30) per geographic prefecture justices, appointed by the people in his/her own providence by majority vote.

3. The City/Township Court handles minor level violations of law. The population and the Mayor decision decide the number of City or Township Justices.

4. All Justices in the Imperial Republic is in office for a max of 30 years, but may resign sooner to appoint another justice to finish out the term.

ARTICLE. IV. Creation of Amendments

1. Proposed amendments and revisions, which are to be presented to the members of the Imperial Senate for vote, and consequential approval or defeat, shall be publicized in a reasonable manner and for a reasonable period of time prior to action by the Imperial Senate of Nycton.

2. This Constitution may be amended or revised by an affirmative three-fourths (3/4) vote of the seated membership, and ratified by the Imperator.



AMENDMENTS

Amendment 1. All citizens have the right to freedom of speech, until it is considered treason. All opinionated discussions or writings must contain acknowledgement that it is an opinion.

Amendment 2. All citizens have the right to defend themselves from unwarranted attacks.

Amendment 3. All citizens have the freedom to choose their own religion.

Amendment 4. All candidate and active Imperial Senator’s require a permit from the Speaker of the Imperial Senate. If a candidate or Imperial Senator in office commits any treasonable action its permit will be cancelled, and he/she shall be fined or jailed.

Amendment 5. Dual micro-national citizenship is regarded as treason.

Amendment 6. English is the Official Language of Nycton. German and Latin is the secondary language.

Amendment 7. Discrimination based on sex, age, or ethnic background is strictly prohibited.

Amendment 8. Treason is identified as spying for a foreign organization, attempt to overthrow the Imperial Republic, attack on the Imperial Republican government, it’s citizens, or an allied nation.

Amendment 9. During times of war, all able-bodied males are expected to volunteer for the Imperial Nycton military. During times of foreign invasion, every able-bodied citizen is expected to take up arms to drive the foreign invader away.

Amendment 10. No person inside the boarders of the Imperial Republic of Nycton shall be put into double jeopardy, or subject to trial, for the same offense.

Amendment 11. Slavery is strictly prohibited in any way, shape or form, except for indentured servitude or by punishment sentenced by an Imperial Trial by the Supreme or Lower Court.

Amendment 12. The right of citizens of Nycton to vote shall not be denied or abridged by Nycton or by any providence on account of race, color, or previous condition of servitude.

Amendment 13. The Imperial Senate may tax any Nycton citizen or non-citizen living within the boundaries or boarders of Nycton depending on the amount of revenue made by the household/party.

Amendment 14. The media of Nycton be it Television, Radio, Internet, and any other forms of communication are to remain unbiased in all political or opinionated affairs.