NationStates Jolt Archive


The Constitution of the Monavian Empire Reference Thread

The State of Monavia
11-11-2007, 00:36
This thread is a reference thread for all nations that wish to know about the Monavian Constitution.

http://www.fileden.com/files/2006/8/1/149955/Flag%20of%20Monavia2.png

THE CONSTITUTION OF THE MONAVIAN EMPIRE

We the Delegates assembled in Convention, in order to establish order and liberty, to establish justice and prosperity for our people, and to provide for the defense and welfare of our citizens, do hereby ordain and establish this Constitution for and in the name of the Monavian Empire.

ARTICLE I

Section 1 The Monavian Government shall consist of three portions. The first portion shall create laws and handle Legislative Affairs, the second portion shall execute those laws, and the third portion shall interpret and judge the laws, and exercise judicial power.
Section 2 All federal powers herein granted and retained shall be vested in these organs. They shall hold Supreme Authority over the entire Empire, and enforce this Constitution.
Section 3 This Constitution, all laws made in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the Monavian Empire, shall be the supreme Law of the Land, and all the Judges in the Empire and members of Parliament, and all Officers of the law and Magistrates, shall be bound thereby, and all things in the laws that are to the contrary shall be notwithstanding.
All Treaties made before the adoption of this Constitution, and all alliances and Confederations entered into shall be valid.
Section 4 All Judges and Members of Parliament, and all Officers of the Empire, shall be bound by Oath or Affirmation to support this Constitution, and uphold it during their continuance in Office.

ARTICLE II

Section 1 All executive power herein granted and retained shall be vested in the King and Queen, who shall rule until they either die or abdicate.
Section 2 The King and Queen shall receive a compensation for their services as Sovereign rulers of the People, which shall not be diminished during their reign.
Section 3 The Monarchs shall be vested with the power to execute and veto any law proposed by the Parliament of the Monavian Empire.
Section 4 The Monarchs shall have the power to appoint Ambassadors, Consuls, public ministers, Judges of the Supreme Court, and all other Officers of the Monavian Empire, whose appointments are not herein provided for.
Section 5 The King and Queen shall be permitted to make Treaties, provided they have obtained the consent of the Senate, with seven tenths of the Senators present concur.
Section 6 The King and Queen shall be vested with the power to appoint a Cabinet of Ministers, whose duty shall be to advise them. They shall rule over their respective organs of the civil service, and shall receive at stated times, a compensation for their services, which shall not be diminished during their continuance in office.
Section 7 The King and Queen shall act as the Supreme Commander of the Armed Forces and the Militia of the several Provinces, and shall be vested with the power to declare war and conclude peace with the concurrence of Parliament.
Section 8 The King and Queen shall have the authority to grant Pardons and reprieves to those who have committed crimes against the Monavian Empire, but no Pardon shall be granted to a traitor without the consent of Parliament.
Section 9 All citizens of the Monavian Empire and Officers thereof shall be forever subordinate to the King and Queen.
Section 10 Upon attaining the age of twenty-one years, the eldest descendent of the King and Queen shall be permitted to marry. They shall marry a foreign Royal only, and shall thus then be eligible for Coronation.
In the case that no heir is of proper age, the eldest siblings of the King and Queen shall succeed to the throne, and rule as King and Queen until they permit the succession of an heir from the previous King and Queen, unless they die or abdicate.
If the King and Queen are without any siblings, and they have no children, then the eldest niece or nephew of the King or the Queen shall be first in line, provided that they have attained the proper age.
Section 11 All Royals shall receive their authority through their Coronations, and until the time of their Coronations, they shall hold no power.
Section 12 In any case of distress, when martial law shall need to be declared, the power to declare such law shall be vested with the Monarchs, and they shall exercise jurisdiction to declare such law over the entirety of the Empire.
Section 13 If the Monarchs make trespasses against the law, they shall be infallible, and no Earthly court has standing to try them, for they await the Judgment of God.
Section 14 The Chancellor shall act as a Representative of the Monarchs and an executive authority, second only to the King and Queen. The Chancellor shall serve a five year term and be elected directly by the citizens of the Monavian Empire.
No person, except a natural born citizen or a citizen of the Monavian Empire at the time of the ratification of this Constitution, shall be elected to the office of Chancellor, nor shall anyone who has not attained the age of thirty-five years and been a resident of the Monavian Empire for fifteen years be permitted election to the office of Chancellor.

ARTICLE III

Section 1 All legislative power herein granted shall be vested in a parliament, which shall consist of a Senate and a Representative Assembly.
Section 2 The Representative Assembly shall be composed of members chosen every second year by the people of the several Provinces, and shall have the qualifications requisite for election within their respective Provinces.
No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the Monavian Empire, and who shall not, when elected, be an inhabitant of that Province in which they have been chosen.
The number of Representatives shall be in proportion to the number of citizens within their respective Provinces. The number of Representatives shall not exceed one for every fifty thousand, but each Province shall be entitled to at least one Representative.
When vacancies happen in the Representation from any Province, the Governor of the Province shall issue writs of election to fill such vacancies.
The Representative Assembly shall be entitled to choose their Officers and Speaker.
Section 3 The Monavian Senate shall be composed of two Senators from each Province, to be chosen by the people thereof, and shall serve a term of six years.
No person shall be a Senator who shall not have attained the age of thirty years, and been nine years a citizen of the Monavian Empire, and who shall not, when elected, be a resident of the Province in which they have been chosen.
The Chancellor shall act as President of the Senate, but shall have no vote in Parliament, unless the Senate is equally divided.
The Senate shall be entitled to choose their other Officers, and a Speaker to act as President of the Senate in the Chancellor’s absence.
Section 4 The times, places, and manners for electing Senators and Representatives shall
be prescribed by the Legislatures of the Provinces.
Parliament shall convene at least once every year.
Section 5 Each House shall be the judge of elections and qualifications of its members, and the judge of its returns. A quorum to do business shall consist of three fifths of those elected to Parliament.
Each House shall determine its rules and proceedings, punish its members for disorderly conduct, and expel a member by the concurrence of two thirds for such crimes.
Each House shall keep a record of its proceedings, and publish the same from time to time, though parts requiring secrecy on the judgment of the Parliament may be omitted.
Neither House may adjourn for more than three days without the consent of the other, nor shall they adjourn to any other place than that in which the two Houses shall be sitting.
Section 6 The Senators and provincial Representatives shall receive a compensation for their services, the amount thereof to be ascertained by law, and paid out from the Treasury of the Monavian Empire.
All members of Parliament shall be privileged from questioning or arrest during the session of Parliament, and shall not be tried in the House of Parliament for any crime, for instead all trials shall take place in a court of law.
Section 7 Every bill that passes the Representative Assembly and the Senate shall be given to the Chancellor for review. It shall then be presented to the Monarchs if it has been approved by the Chancellor. If they approve of it, they may sign it, if not, they may veto it. The votes of the members of Parliament, being yeas or nays, unless a member abstains, and the names of those voting, shall be entered on the journal of each House.
All bills for the raising of revenue and the taxation of citizens shall originate in the Representative Assembly, and shall be passed by the same.
Section 8 Parliament shall be vested with the power to enact legislation upon the Empire,
To lay and collect taxes, duties, imposts, tolls, and excises, and to pay the debts of the Monavian Empire, both public and private,
To regulate commerce between the Provinces and with foreign nations,
To create and enforce treaties and agreements with other nations, to establish rules between nations, and to cede territory to foreign governments,
To provide for the defense and welfare of the Monavian Empire and its citizens,
To organize a census of the citizens of the Monavian Empire, and enumerate representation among the population of each province, but no enumeration shall take place more then once every five years,
To borrow money on the credit of the Monavian Empire,
To coin money and regulate the standard value thereof, and to regulate the value of foreign coin in trade with other nations, and in domestic trade,
To provide for the trial and punishment of counterfeiting the coin and securities of the Monavian Empire, and fix the standard of weights and measures,
To establish a uniform rule of naturalizing foreigners,
To grant letters of Marque and Reprisal, and make rules concerning captures on land and water,
To establish post offices and post roads, and regulate the passage of goods between them,
To establish and regulate the establishment and operation of educational institutions, and appropriate money to them,
To define and punish piracies and felonies on the High Seas, and to punish offenses against the laws of foreign nations,
To provide for the training, organizing, and arming of the Armed Forces, and to discipline and support them, to establish a militia, and to declare a state of war,
To provide for the calling forth of the Militia to suppress insurrections and rebellions against the government, repel invasions, and enforce the laws of the Empire,
To make rules for governing, regulating, and organizing the Militia and the Armed Forces of the Monavian Empire,
To raise and support armies and navies, and appropriate money to them, but no appropriation of money shall be used for more than two years,
To promote and preserve the progress of the useful arts and sciences, by securing for a limited time the respective writings and discoveries to their authors and inventors,
To constitute Tribunals inferior to the Supreme Court of the Monavian Empire,
To exercise exclusive legislation over such a district that shall become the Seat of Government of the Monavian Empire, and to make the laws thereof, and provide for the erection of needful buildings therein,
And to make all laws necessary for the maintaining of the forgoing powers, and their execution, and the execution of all other powers vested this Empire, and any Officer or Citizen thereof.
Section 9 Parliament shall not suspend the writ of Habeas Corpus, unless the safety of the Public requires it, or in case of rebellion or invasion.
No tax or duty shall be laid on the goods or articles exported from any Province.
No preference shall be given to any Province or part thereof, or any city or port in the regulation of trade or revenue, nor any vessel bound to or from one Province is obliged to pay taxes or duties in another.
No ex post facto law or bill of attainder shall be permitted to be passed in the Monavian Empire.
No money shall be drawn from the Treasury, unless in consequence of appropriations made by law, and a regular statement and account of receipts and expenditures of public money shall be published.
No removal of the rights of citizens shall take place unless in time of war or rebellion, and the forfeiture of such rights shall take affect only upon those who have violated the law.

ARTICLE IV

Section 1 All judicial power herein granted shall be vested in one Supreme Court of the Monavian Empire, and in such inferior courts that are established by Parliament. The Judges of each court shall hold their offices during good behavior, and receive at stated times a compensation for their services, which shall not be diminished during their continuance in office.
Section 2 The judicial power shall extend to all cases arising under this Constitution, and the laws of the Empire, and all Treaties made, in law and equity, or which under their authority shall be made.
It shall extend to all cases affecting Ambassadors, public ministers, and Consuls,
To all cases of admiralty and maritime jurisdiction, and all cases arising within the military,
To all controversies in which the Monavian Empire or the Government thereof shall be a party,
To all controversies arising between two or more Provinces,
To all cases arising between a Province and a citizen of another Province,
To all cases arising between citizens of the same Province, and of citizens claiming lands and property granted by another Province,
And to all cases between Counties, and parts of Provinces.
In all cases affecting foreign ministers and Consuls, or Ambassadors, and in which a Province or portion thereof is a party, the Supreme Court shall have original jurisdiction. The Supreme Court shall have appellate jurisdiction over all aforementioned cases and controversies.
The trial of all crimes shall be by jury, and shall take place in the Province in which the said crimes shall have taken place, but if not committed within any Province, the trial shall take place where Parliament may by law direct.
Section 3 Treason shall only consist of levying war against the Empire, or aiding the enemies of this nation, or breaking an oath sworn upon this Constitution or any Oath of Office, or by betraying the nation and its people.
No attainder of treason shall work any forfeiture outside of the life of a traitor, nor shall any attainder of treason work the corruption of the bloodline of those attainted.
Parliament shall be vested with the power to declare the punishment of treason, but no punishment shall violate the previously mentioned requirements.
No Pardon shall be given to a traitor without the consent of Parliament, and no punishment of Exile or Death shall be given without the consent of the court which has tried the traitor for their crimes.
Section 4 The Supreme Court shall be vested with the authority to declare an act of Parliament or a law passed by any Executive Authority contrary to this Constitution, but no such authority shall be vested with any other court. They shall be vested with the power to issue interdicts, which prohibit the passage of any law which is contrary to this Constitution, and to declare such said laws void.
Section 5 The Justices of the Supreme Court shall vote to declare the penalties of those convicted of a crime, or to decide the verdict of the Court’s proceedings. A majority of seven justices shall be sufficient for the execution of any court declaration.
Section 6 If a Justice of any court or an Officer of the peace, or Magistrate of the cities be found incompetent or hold office during wrongful behavior, their tenure in office shall be ended, and they shall be deposed.
If their offenses against the law or their wrongful acts be trivial, and incur no further wrath of the law, then a lesser punishment shall be imposed.

ARTICLE V

Section 1 All Provinces shall have their own Provincial government, the leaders of which shall be chosen by the process directed by law.
Section 2 Every Province shall be ruled by a Provincial Governor, which shall be elected by the citizens of the Province, and if no Governor can be elected, than the Monarchs, with the consent of Parliament, shall appoint a Governor.
The Governor shall rule over the Province as the Executive Authority of the land, and shall command authority over their jurisdiction.
A deputy shall rule below the Governor, and shall be elected by the people of the Province that they shall rule over.
The Governor shall be vested with the power to sign and veto laws passed by a Provincial Legislature, and shall be vested with the power to issue executive orders.
The Governors of each Provinces hall be vested with the power to request aid in distress, and to summon the Militia of the Province in time of war.
Section 3 All Provinces shall have a Legislature that shall pass laws over their jurisdiction, and shall be vested with the power to make agreements with other Provinces.
Section 4 The Provincial Legislatures shall be vested with the power to lay and collect taxes, duties imposts and other revenue,
To provide for the Militia of the Provinces, and their organizing, training, and disciplining, and to provide aid in case of war and rebellion,
To provide for the punishment of criminals, and to appoint Constables and Justices of the peace to uphold the laws,
To draw money from the Treasure of the Province, and with the consent of Parliament, to draw money from the Federal Treasury,
To establish the laws of voting and regulate the elections of Officers to public office, and to provide for their compensation,
To establish public schools and provide money and workers,
And to grant lands and titles to citizens of the Monavian Empire for services rendered.
Section 5 All Provinces shall have a Supreme Court, which shall be established by Parliament, and such courts shall be given appellate jurisdiction over all other courts within their respective Provinces.
Section 6 The Provinces shall be entitled to their own Constitutions, but they shall be inferior to this Constitution, and all things to the contrary therein notwithstanding.
Section 7 The Governments of the Provinces shall be entrusted with their records and public proceedings, and shall be given full faith in their storage and use.
Parliament shall by general law direct and prescribe the manner in which such acts, Records, and Proceedings shall be kept and used, and to what effect.
Section 8 The Monavian Empire shall guarantee to every Province in this Empire peace and safety, and shall protect each of them from invasion and domestic violence.
Section 9 The citizens of each Province shall be entitled to the same rights and privileges as the citizens of the several Provinces, and shall receive the same rights and privileges as those of every other Province.
A person who is charged in any Province with treason, felony, or any crime that flees from justice, and shall be found in another Province, shall on the demand of the Executive Authority of the Province in which the said crime had been committed, be delivered up, and removed to the place where the said crimes had been committed for trial.
Section 10 Parliament shall be vested with the authority to admit new Provinces into this
Empire, but no new Province shall be formed or erected within the jurisdiction of another
Province, nor shall any Province be formed by the junction of two or more Provinces. No Province shall be formed or erected from parts of Provinces without the consent of Parliament and the Legislatures of the Provinces concerned.
Parliament shall be vested with the power to make all needful rules and regulations respecting the Territory and other Property of the Monavian Empire, and the power to dispose of them.
No thing in this Constitution shall be construed as to prejudice any claims of any particular Province, nor any claims of the Empire.
Section 11 No Province shall enter into any alliance, confederation, or treaty, coin money, pass any Bill of Attainder or ex post facto law, pass any law impairing an obligation of Contracts, emit Bills of Credit, or grant letters of Marque and Reprisal.
No Province shall, without the consent of Parliament, enter into any agreement or pact with another Province or foreign power, lay any duty of tonnage, keep ships of war or standing armies prepared for warfare in time of peace, or engage in war, unless actually invaded.

ARTICLE VI

Section 1 The Government of the Monavian Empire shall make no law respecting or governing any Establishment of Religion, nor shall it establish a State Religion.
Section 2 The right of citizens to petition the Government for a redress of grievances and to peaceably assemble shall not be denied or abridged.
Section 3 The right of citizens to have a free press shall not be infringed upon, nor shall any work of the press be censored, unless it is of hostile nature to the peace and security of the nation, and no law of Sedition shall be imposed without a rightful reason.
Section 4 A militia, which is well regulated and disciplined, is necessary for the security of a free state, thus the right of citizens to reasonably own and bear arms shall not be infringed upon.
Section 5 All citizens shall retain the right to be secure in their persons, effects, homes, and papers against unreasonable search and seizure. No warrants shall be issued without probable cause, supported by evidence or oath, and if a warrant be issued, it shall describe the places to be searched and the persons or things to be seized.
Section 6 No person shall be held to answer for any crime without the indictment of a Grand Jury, except when in cases arising in the Militia or Armed Forces, or when in times of war or public danger.
No citizen shall be subject to trial for the same offence more than once, or be put twice in jeopardy of life, nor shall they be compelled to stand as a witness against themselves.
Section 7 In all trials of criminals, the accused shall enjoy the right to a speedy and public trial, in which they shall be tried for the crimes of which they have been accused, and the trial shall be by an impartial Jury of the Province and District wherein the said crimes had been committed.
The accused shall be permitted counsel for their defense, they shall be allowed to call forth witnesses in their favor, they shall be allowed to be confronted with the witnesses against them, and shall be allowed to be informed of the nature of the charges brought against them.
Section 8 No punishment that is excessively cruel or unusual shall be inflicted upon anyone convicted of any crime, nor shall any fine that is excessive be imposed, nor shall any excessive bail be ordered.
Section 9 All citizens that have attained the age of twenty-one years and held themselves in good behavior shall be permitted to vote in elections, if they have registered through census or enumeration.

ARTICLE VII

Section 1 Whenever Parliament deems it necessary, by the concurrence of both houses, Amendments shall be proposed to this Constitution, or on the application of two thirds of the Legislatures of the Provinces, a Convention for proposing Amendments shall be convened.
Section 2 All Amendments that are proposed shall be subject to a vote by Parliament, if they pass it, then it shall be delivered up to the Legislatures of the Provinces, and if three fourths of them ratify it, then it shall become law, and be established as a part of this Constitution.

ARTICLE VIII

The ratification of this Constitution by three fourths of the existing Legislatures of the several Provinces shall be sufficient for the establishment of this Constitution between the Provinces so ratifying the same, and over the entirety of the Empire.

Done in Convention by the consent of the Delegates present this sixth day of May in the Year of Our Lord one thousand seven hundred and thirty-two, in witness whereof we have subscribed our names,

[Signatures of Delegates]


AMENDMENTS TO THE CONSTITUTION OF THE MONAVIAN EMPIRE

AMENDMENT I
(1771)

A Monavian Citizen is any person, who is born within the Monavian Empire, and a child of another Monavian Citizen, or an immigrant who has been naturalized by the Government.

AMENDMENT II
(1796)

The right of the Government to censure any work of the press that calls for Revolution, rebellion, treason, or conspiracy against this Government, or that shall call for domestic violence, shall be henceforth held inviolate.

AMENDMENT III
(1824)

Section 1 The entrance of this Empire into any Alliance or Confederation, whose requirements or principles is contrary to this Constitution is forbidden.
Section 2 All confederations in which the Monavian Empire is a party or member that uphold principles that are contrary to this Constitution shall be withdrawn from within five years.

AMENDMENT IV
(1841)

Section 1 The Jurisdiction of the Supreme Court shall extend to all Monavian Citizens living within a foreign nation, or foreign territory occupied by the Monavian Empire.
Section 2 Parliament shall be granted the power to enforce this article of amendment by appropriate legislation.

AMENDMENT V
(1868)

The enslavement of Monavian citizens or foreigners shall be forbidden, and no involuntary servitude shall exist, except as a punishment for crimes against the Empire.

AMENDMENT VI
(1877)

The right of the Monarchs to propose executive orders or motions to Parliament for a vote shall not be infringed, and Parliament shall no longer block any such measures from a vote.

AMENDMENT VII
(1894)

Section 1 Marriage, being a holy and sacred institution, shall forever be defined as a sacred union between two Monavian citizens, who have consented to marry, and who are of opposite sexes.
Section 2 Parliament and the Provincial Legislatures shall have the concurrent power to enforce this article by appropriate legislation.

AMENDMENT VIII
(1909)

Only the Monarchs, or the Chancellor, shall be permitted to suspend any liberties, in time of war or rebellion, pursuant to the third article of this Constitution.

AMENDMENT IX
(1918)

Should the Chancellor be unable to execute his or her duties of office, the Speaker of the Senate shall serve as acting Chancellor, and the Vice Speaker shall serve as Speaker.

AMENDMENT X
(1934)

No change in the salaries of members of Parliament shall take effect until the next election of members has intervened.

AMENDMENT XI
(1946)

Monavian territory shall extend to a distance of twenty nautical miles from Monavian land. All of the seas contained within these claims shall be sovereign territory of the Empire, and be divided among the Provinces thereof.

AMENDMENT XII
(1958)

No foreign ships of war, or standing armies, shall be permitted within Monavian territory in time of peace without the consent of Parliament.

AMENDMENT XIII
(1973)

The terms of the Chancellor, all Senators, and Provincial Representatives, shall end at noon, on the tenth day of January, in the year their term is set to end. Upon that day, the terms of the new Chancellor, Senators, and Provincial Representatives shall begin.

AMENDMENT XIV
(1982)

There shall be no draft of any citizens for military service, unless the number of those in service of the Empire is depleted, and the public safety may require it.

AMENDMENT XV
(1996)

In cases of common law, in which the value of goods or money over which there is controversy exceeds fifty dollars, the civil courts shall have jurisdiction.

AMENDMENT XVI
(2005)

The definition of religion and faith shall rest with this Government, and all things that cannot be construed as faith or religion shall be no longer defined as such.
The State of Monavia
11-11-2007, 16:52
Bump.
The State of Monavia
06-01-2008, 22:53
Bump.
The State of Monavia
04-04-2008, 00:55
Bump.
The State of Monavia
31-07-2008, 21:45
Bump for user interest.