NationStates Jolt Archive


The Constitution of the Kingdom of Mauiwowee - LONG POST WARNING

Mauiwowee
27-09-2004, 05:39
OOC: This is a very long post, but if you take the time to read and think about it, it will be appreciated. I'd love constructive analysis/critcism of what I've written as well. Since it may be useful for some understanding of the constitution, the map of Mauiwowee can be viewed here (http://img4.exs.cx/my.php?loc=img4&image=MauiwoweeMap.jpg)



CONSTITUTION OF THE KINGDOM OF MAUIWOWEE

We, the people of the islands comprising the Kingdom of Mauiwowee, do here by ordain and establish this Constitution for the Kingdom of Mauiwowee and grant to the government established hereby those rights set forth in this Constitution.

GENERAL PROVISIONS

I. At the time of this Constitution’s adoption, the following areas shall comprise the several States of the Kingdom of Mauiwowee:

1. Bhang Island (including B.S. Isle, Cow Isle and Key Isle);
2. Blunt Island (including the Ash Islands);
3. Pipe Island (including Volcano Smoke Island);
4. Leaf Island (including Torn Leaf Isle);
5. Lava Knife Island (including Nimby Isle);
6. Boomerang Island;
7. North Isle;
8. Teardrop Island;
9. Hand Island; and
10. Ghost Isle;

Furthermore, the Resin Islands are hereby declared to be the exclusive property of the Crown and shall, under no circumstance, be granted statehood in the Kingdom of Mauiwowee, but shall be treated as personally held real estate under this Constitution and the national laws of Mauiwowee enacted pursuant hereto. To the extent the laws of any of the several States or the national legislature purport to effect the personal ownership of real estate, those laws shall be void and of no force and effect upon the crown as they may regard the ownership, management and control of the Resin Islands. Likewise the population of the Resin Islands shall not be included in any calculation by which allocation of seats in the national or any state legislature is determined.

II. Additional States may added to the Kingdom upon the following conditions:

{A}
1. The geographic boundaries of the new state must have been well established for a period of not less than 20 years;
2. The population of the new state must exceed 50,000;
3. The new state must have a colony or territory of Mauiwowee for at least the 7 years immediately proceeding the grant of statehood; and
4. The population of the new state must request statehood and then subsequently approve the grant of statehood by a 3/4 majority vote of its citizens aged 21 and over.

{B}
Upon receipt of a formal request for statehood which has been approved in accordance with the foregoing provisions, the Crown must recommend statehood for the area to the legislature or reject such application with an explanation to the legislature as to why the application should be rejected. Both houses of the legislature shall then vote upon the recommendation of the crown. If statehood is approved by a 2/3 majority vote of both houses then the application for statehood shall be deemed accepted subject only to the aforementioned 3/4 majority vote of approval by the citizens of the approved new state, any objection by the Crown notwithstanding.

III. A census of the Kingdom and the several states shall be taken every 10 years and the necessary funds to complete the census shall be allocated by the legislature at said 10 year intervals. The census shall be completed within 180 days of it’s initiation and the census bureau shall report its initial findings to the Crown and the Legislature within 60 days of the completion thereof. It shall likewise determine the total number of members of The House of Peoples to be allocated to each of the several states within said 60 days. The Census Bureau’s activities shall be overseen by a three (3) member committee, one (1) member to be appointed by a simple majority vote of The House of Peoples, one (1) member to be appointed by the Crown and one (1) member to be appointed by a simple majority vote of the governors of the several states. In the event of a tie vote in between the governor’s of the several states, The House of Peoples shall be invested with the power to break the tie by a simple majority vote of their members.

IV. The national government of Mauiwowee shall be divided into 3 branches, described as follows:

1. The Crown, which shall consist of the King or Queen of Mauiwowee, their immediate family and the designated successor to the throne of Mauiwowee and his or her immediate family.
2. The Legislature, which shall consist of two Houses, the House of Royals and The House of Peoples, members of each of which shall be elected and/or appointed pursuant to further provisions in this Constitution.
3. The Judiciary, judges of which shall be elected and/or appointed as provided for in this Constitution.

THE LEGISLATURE

I. The House of Peoples:
1. Members of The House of Peoples shall have attained the age of at least twenty-one (21) years old and shall be citizens of Mauiwowee prior to their election to The House of Peoples.
2. Nationwide elections to determine the membership of The House of Peoples shall be held at 3 year intervals. With the first election to take place on the first Tuesday of November next following the ratification of this Constitution and elections to continue every three (3) years afterwards upon said date, with elected members to be sworn in on the first Tuesday of the new calendar year next following their election.
3. No single individual may serve more than five (5) terms as a member of The House of Peoples.
4. The total number of members in The House of Peoples shall be fixed at four-hundred-seventy-five (475) with the number of members to be elected from each state being allocated proportionately between the several states according to their population in the immediately proceeding national census.
5. In the event a new state is accepted into the kingdom, the junior representative from each of the 10 original states shall immediately lose his or her membership in The House of Peoples and the Governor of the new state shall appoint 10 people to serve as the new state’s representatives in The House of Peoples until such time as a new census is undertaken and a new proportional allocation of members based on population is approved. Persons appointed to The House of Peoples pursuant to this provision shall be eligible for election to only 3 terms above and beyond their original appointment.
6. The several states shall retain the power to determine for themselves the geographical districts within the state from which each of their representatives is to be elected, save and except that no state shall describe such geographical districts in such a way as to deliberately disenfranchise a racial, ethnic or religious group or community.
7. A member of The House of Peoples must be a resident of the state he or she has been elected to represent. If a member moves their residency to another state during their term of service, they shall immediately lose their seat and a successor shall be appointed to fill out their term in whatever manner the affected state shall see fit to designate.

II. The House of Royals:
1. No person shall be a member of the House of Royals that is not a natural born citizen of Mauiwowee who shall have attained the age of at least twenty-five (25) years prior to their appointment or election.
2. Each state shall have three (3) representatives in The House of Royals who shall obtain their seats as follows:
A. One (1) member shall be appointed by the Crown. Said appointee must be a resident of the state he or she is appointed to represent and shall immediately lose said appointment upon moving to another state with his or her successor being appointed by the Crown.
B. One (1) member shall be elected at large by the people of the state they represent. Their continued representation in the House of Royals shall be subject to the same terms and conditions on residency as are the members of The House of Peoples.
C. One member shall be appointed by the governor of the state they are to represent with their continued representation likewise subject to the foregoing provisions regarding residency within the state they represent.
3. The number of members of the House of Royals shall be unlimited.
4. In the event of a tie vote in the House of Royals, the Crown shall be entitled to a single, tie breaking vote, on the matter then pending.
5. Members of the House of Royals shall serve a nine (9) year term in office with no single individual being eligible to serve more than 3 terms, whether by appointment or election.
6. One-Third (1/3) of the House of Royals shall be subject to re-election or re-appointment every three (3) years as follows:
A. Upon ratification of this Constitution, the several states shall hold elections for their at large representative;
B. Likewise, upon ratification of this Constitution, the governors of the several states shall appoint a member of The House of Royals;
C. Finally, upon ratification of this Constitution the Crown shall appoint it’s designated members to the House of Royals.
D. Upon the third (3rd) year next following ratification of this Constitution, the governors of the several states shall again appoint members for the House of Royals, each new appointee to serve the aforesaid 9 year term.
E. Upon the sixth (6th) year next following ratification of this Constitution, the people of the several states shall elect their members of the House of Royals to serve the aforementioned 9 year terms.
F. Upon the ninth (9th) year next following the adoption of this Constitution, the Crown shall appoint its members of the House of Royals, each appointee to begin serving the aforementioned 9 year term.
G. No person elected or appointed to the House of Royals upon the initial ratification of this Constitution shall be entitled to serve more than 2 terms above and beyond their initial appointment or election to the House of Royals.
7. Elections and appointments to the House of Royals shall coincide with the established November elections for representatives in the House of Peoples with the first elections and appointments to be held/made on the first Tuesday of November next following the ratification of this Constitution and taking place every three (3) years afterwards.

III. Legislature’s Powers:

1. The national legislature shall generally be empowered to:
A. Coin money and establish a national currency for Mauiwowee;
B. Enact legislation controlling interstate commerce between the several states;
C. Levy and collect a national income and/or sales tax; and
D. Carry out such other functions as may be designated pursuant to the further Provisions of this Constitution.
E. Raise and equip a military for national defense and enact legislation regarding their assignments, deployments and actions, subject to other provisions contained within this Constitution.

2. The House of Peoples alone, after consultation with the House of Royals and the Crown, shall propose and adopt a tri-annual budget for the nation and enact appropriations legislation pursuant to the adopted tri-annual budget, subject to the veto power of the Crown and such other controls over the distribution of finances as are granted to the Crown by this Constitution. The tri-annual budget adopted pursuant to this provision may not call for deficit spending in excess of 5% of the nation’s Gross Domestic Product (GDP) for the 3 years immediately prior to the adoption of the budget.

THE JUDICIARY

1. The Judicial powers of the government shall be vested in the Supreme Court of Mauiwowee, and such other national courts as the legislature may create from time-to-time. The Supreme Court, however, shall have exclusive power to regulate the practice of law in the national courts of Mauiwowee subject to the following provisions.
2. Each of the several states shall have the right to regulate the practice of law within their state and before their state courts in whatever manner they deign fit with the proviso that a license to practice law within a state shall be grounds for admittance to the bar of the national courts of Mauiwowee only upon such conditions as are established by the Supreme Court of Mauiwowee.
3. In addition to the Supreme Court of Mauiwowee, there is hereby established a national, intermediate Court of Appeals for each state.
4. The Supreme Court of Mauiwowee shall be comprised of eleven (11) members; all lawyers licensed to practice before the Supreme Court for a minimum of 15 years prior to their appointment or election. Of the eleven (11) members, four (4) shall be appointed by the Crown, three (3) shall be appointed by a two-thirds (2/3) majority vote of the House of Royals and three (3) shall be appointed by a simple majority vote of the House of Peoples. A chief justice shall be elected in a nationwide, at large, election by the citizens of Mauiwowee. Each justice of the Supreme Court of Mauiwowee shall serve for life and their compensation for service shall not be diminished during their tenure on the court. In the event of a tie vote decision of the court, the decision of the lower court shall stand in all matters save and except where the court has exclusive and original jurisdiction. In such cases the Crown shall be entitled to break the tie subject to a simple majority vote of affirmance by the House of Royals. Should they choose not to affirm the Crown’s vote in the matter, the decision shall be governed by the vote of the House of Royals.
5. The intermediate Courts of Appeals shall consist of nine (9) judges. Three of which shall be appointed by the Crown upon the same terms regarding licensure, tenure and compensation as are the members of the Supreme Court. The other six (6) justices of the Courts of Appeals shall be elected at large by the residents of the state in which they serve, for twenty (20) year terms with no individual being subject to election more than twice and with the same limits on their residency as apply to the members of the national legislature and their qualifications for election and their compensation being subject to the same terms of licensure to practice law and compensation as are required of members of the Supreme Court of Mauiwowee.
6. The Supreme Court shall have exclusive and original jurisdiction over all disputes regarding:
A. National elections;
B. Actions of the Crown deemed unconstitutional by a 2/3 majority vote of the House of Peoples and a simple majority vote of the House of Royals, absent such certification, however, the Supreme Court shall not have the power to deem an act of the crown unconstitutional save and except when reviewing the actions of a guardian monarch pursuant to the following provisions regarding the powers of the Crown;
C. Actions regarding guardianship of a minor who has become king or queen due to the death of the king or queen who designated them as heir apparent; and
D. Disputes between states or the citizens of different states, save and except is such matters the lower courts may conduct trials and hold hearing subject to review of the Supreme Court and pursuant to such rules as the Supreme Court may enact regarding the practice of law and such laws as the legislature may enact regarding the resolution of such disputes.

THE CROWN

The executive power of Mauiwowee shall be vested in the Crown. A single individual, designated as King or Queen, depending upon their natural gender, shall be vested with such power. The remaining members of the Crown shall be subject to having their acts ratified by the King or Queen.
1. Each year, the king or queen shall present, in a formal statement to the legislature, their designated heir to the throne and the position of king or queen. Said designee shall be a natural born citizen of Mauiwowee and is subject to change at the whim of the King or Queen who shall have unfettered discretion in the designation of their heir apparent subject to the provision that they be a natural born citizen of Mauiwowee.
2. In the event that a minor designated as the heir apparent shall inherit the throne due to the death of the king or queen who designated them, the Supreme Court of Mauiwowee shall appoint a legal guardian for the monarch who shall reign as guardian to the king or queen until the king or queen achieves the age of 21. During such reign as guardian to the king or queen the guardian monarch shall have the right and obligation to annually designate an heir to the throne, subject to a 2/3 majority vote of approval for the designee by the House of Peoples. Likewise, all other actions on matters in which the king or queen are granted an exclusive right of action must be approved by a simple majority of the House of Peoples in the event such actions are to be undertaken by the guardian monarch. Furthermore, the Supreme Court of Mauiwowee shall have exclusive and original jurisdiction to resolve disputes between the House of Peoples and a guardian monarch upon certification of an issue to them for resolution by a 2/3 majority vote of the House of Peoples or upon the formal request of the guardian monarch.
3. The King or Queen or Guardian Monarch shall be designated as the Commander-in-Chief of Mauiwowee’s military forces.
4. The King or Queen or Guardian Monarch shall the exclusive right to:
A. Declare war, however, dedication of troops and supplies to a declared war for a period in excess of three (3) years is subject to ratification by a simple majority of both houses of the legislature at the end of the initial three year period and subject to re-ratification every two years after that until the conflict has ended. In the event ratification or re-ratification is not secured by the King, Queen or Guardian Monarch, no more than fifteen percent (15%) of the nation’s entire military forces may continue to participate in the conflict.
B. Designate, without oversight, the operations and deployments of fifteen percent (15%) of the entire military forces of Mauiwowee. As Commander-in-Chief of the military, the King or Queen or Guardian Monarch may also designate operations and deployments of the remaining 85% of the military, but shall abide by duly enacted legislation which restricts or governs the operations of said remaining 85% of the military.
C. Enter treaties on behalf of Mauiwowee with such treaties being subject to ratification by a two-thirds (2/3) majority vote of the House of Royals.
D. Establish embassies in other nations and grant the establishment of embassies by other nations within Mauiwowee.
E. Ten percent (10%) of each tri-annual budget adopted by the legislature shall be designated as Crown funds and shall be spent and allocated in what ever manner the King, Queen or Guardian Monarch deems necessary without restriction.
F. Grant pardons to either state or national convicts.
G. Name the heir apparent to the throne of Mauiwowee.
H. Make the political appointments called for by the provisions of this Constitution.
I. Govern the Resin Islands.
J. Act in any other manner not expressly prohibited by this Constitution or deemed unconstitutional by the Supreme Court of Mauiwowee.

THE PEOPLE AND THE STATES

1. Each state shall have a governor elected at large by the people of said state.
2. Each state shall have a legislature and judiciary elected or appointed pursuant to a duly adopted constitution for said state.
3. Each person elected or appointed to state or national office shall take an oath of office declaring their obligation to uphold and support the nation and constitution of Mauiwowee and the constitution of their respective state.
4. Neither the governments of the several states nor the national government of Mauiowee nor the Crown shall:
A. Enact legislation or adopt policies restricting the people’s freedom of the press or of speech;
B. Enact legislation or adopt policies restricting the reasonable ownership of firearms by the people;
C. Enact legislation or adopt policies restricting the people’s freedom of religion or establishing a religion;
D. Enact legislation or adopt policies restricting the right to a trial by jury and representation by an attorney in a felony criminal matter or a civil case involving a controversy having a value in excess of two-hundred (200) buds.
E. Enact legislation or adopt policies restricting the right of the people to be free of unreasonable searches and seizures of their persons, homes or effects;
F. Enact legislation or adopt policies authorizing or permitting torture or the cruel punishment of prisoners.
G. Take the private property of a person, organization or other entity for public or governmental use without just compensation.
H. Station military personnel in private quarters absent express written consent of the owner.
I. Enact legislation or adopt policies restricting the people’s right to travel among the several states or peaceably assemble or direct grievances to their elected and appointed political officials or the Crown.
J. Enact legislation or adopt policies which deny equal treatment under the law on the basis of race, gender, ethnicity, national origin, religious beliefs or natural physical characteristics.
5. The people recognize that with the granting of freedoms comes the obligation of responsibility and hereby agree to the following:
A. All natural born or naturalized citizens of Mauiwowee shall serve a mandatory term of 2 years in the military upon reaching the age of 18 or upon graduation from high school whichever is last.
B. The right to vote in all local, state and national elections shall be granted to all citizens, other than convicted felons, who have served their 2 years of mandatory military service and have attained the age of 21 years.

Enacted and Adopted by the several states and ratified by popular vote of the people of Mauiwowee upon the 13th of August, 2004:

/s/
The Governors of the original 10 states of Mauiwowee.
Baby Bop
27-09-2004, 06:09
How about a non-discrimination clause of some kind and at what age do you get the right to vote?
Mauiwowee
27-09-2004, 14:31
bump
Mauiwowee
28-09-2004, 01:14
How about a non-discrimination clause of some kind and at what age do you get the right to vote?

Good, that's what I'm looking for, added.