New Dornalia
11-02-2008, 03:18
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Los Angeles, California, Earth SSR--
Today, in a historic announcement sure to echo through Dornalian history, Comrade Premier Robert MacIntyre today announced that he was working with members of his cabinet and the People's Congress to call for a Constitutional Convention.
"The Workers State, for some time, has operated on democratic systems without a formal constitution. This may serve some nations remarkably well. It certainly, up until now, has worked for us. But I and several of our delegates feel that a formal, written Constitution that defines government procedure and the rights of the Workers and Peasants is long overdue," the Comrade Premier said in a press conference in Los Angeles today.
Congressman James Royce, PC-New Wuhan, agrees.
"It's been accepted for a while that the state of affairs in the Workers State is changing. We are no longer a dictatorship, but a democracy. Our People's Congress has acted decisively in the name of the People, ensuring they have a voice to tell those in power, 'the buck stops here.' I agree with the Comrade Premier that its high time we formalized this situation into written reality, so future leaders who try to undo what has been done are reminded of why they cannot. It's time to create a formal, political structure that can stably serve future generations and guarantee their rights."
The Constitutional Convention's electors are in the selection process, and are preparing to meet at an undisclosed location to make the document possible. Critics have charged MacIntyre with attempting to solidify his brand of Dornalian Socialism, derisively dubbed "MacIntyreism," as a state ideology with the new document. However, the Comrade Premier declared simply, "I will ensure this document does not favor one side. End of story."
New Dornalia
14-02-2008, 02:43
After three weeks of debate, the delegates at the Constitutional Convention have produced a finished document, to be approved by the People's Congress, reading thusly:
"OOC: Thanks to the US, 1994 Argentine, and Meiji Constitutions. Edits made by suggestion of Xanthal, who wanted a document he could more easily read.
Preamble
We the Workers and Peasants of New Dornalia, do endeavor, having emerged sovererign and empowered from five hundred plus years of totalitarian tyranny and isolation in a wasteland into a strong democratic spacefaring nation, to take our responsibilities as part of the True Dictatorship of the Proletariat, where all men are created equal and with certain inalienable rights to the sanctity of life, personal freedoms and happiness, and material and spiritual well-being, to promulgate forth this Constitution for the purpose of public order, good government and national strength.
For the purposes of this Constitution, the term "Workers and Peasants" shall be defined as other nations use the term "Citizen."
Chapter I: Worker's Bill of Rights:
Article 1: The Workers and Peasants of New Dornalia shall Article shall, within limits not prejudicial to the ability of their fellow Workers and Peasants to enjoy these rights, enjoy the liberty of speech, writing, publication, public meetings and associations, and freedom of religious belief, as well as the right to petition.
Article 2:
a ) In the name of the defense of the Workers State, the Workers and Peasants are recognized to have the right to keep and bear arms, which has existed since the founding of the Workers State.
b ) This right shall not only not be infringed, but shall be henceforth be made a mandatory duty for all citizens. Foreign nationals in this regard shall be regulated by law.
Article 3: No Worker or Peasant shall be tried twice for the same crime; nor shall be compelled in any criminal case to be a witness against himself. The rights of the Workers and Peasants to life, liberty and private property shall not be infringed; these are natural rights given as members of the True Dictatorship of the Proletariat.
Article 4: No Worker or Peasant shall have his or her place of residence, business, and personal property (electronic or material) searched without proper authorization and probable cause, except where provided by law under special authorization by act of People's Congress.
Article 5: Any Worker or Peasant accused of a crime shall enjoy the right to a speedy and fair trial, with an untainted jury of his peers and the right to be informed of the crime against him and to have access to information concerning his trial from both defense and prosecution. He/she is also entitled to the right to legal representation, to protect his/her civil rights.
Article 6: The Workers and Peasants recognize the use of the death penalty. We also recognize the threat posed by disproportionate punishments, fines and levies for a crime, and therefore outlaw these.
Article 7: All Workers and Peasants have the right to the protection of their health, safety, and economic interests; to adequate and truthful information; to freedom of choice and equitable and reliable treatment. The authorities shall provide for the protection of said rights, the defense of competition against any kind of market distortions, the control of natural and legal monopolies, and the control of quality and efficiency of public utilities.
Article 8: In addition, the State shall grant the benefits of social security, which shall be of an integral nature and may not be waived. In particular, the laws shall establish: compulsory social insurance, which shall be in charge of national or provincial entities with financial and economic autonomy, administered by the interested parties with State participation, with no overlapping of contributions; adjustable retirements and pensions; full family protection; protection of homestead; family allowances and access to a worthy housing.
Article 9: The Workers and Peasants are recognized to be called such because they engage in employment useful for themselves. To that end, all forms of labor shall be protected by law, with extensive provision for benefits such as limited working hours, protection from firing without cause, and participation in the profits of enterprises, with control of production and collaboration in the management in Worker's Committees.
Article 10:
a ) The Workers and Peasants may join in political parties unfettered by race or sex or creed to compete for higher office and vote in elections.
b ) The rights of the People of the Workers State, who are 18 years of age or older, to vote or engage in activities defined as for Adults (such as consumption of alcohol, sexually explicit materials, gambling, etc.), shall not be denied or abridged.
Article 11: Except in the cases mentioned in the law, All Other Rights, including the Rights to Privacy and others defined by tradition or enshrined in laws defined by acts of the People’s Congress, Executive Order or by right of Judicial Review, shall remain inviolate.
Article 12: The provisions contained in the present Chapter shall not affect the exercises of the powers appertaining to the State in cases of a national emergency.
Article 13: Foreign Nationals in Dornalian soil are bound by the laws of the Workers State; but shall also enjoy the protection of this Bill of Rights.
Chapter II: Concerning Government
Article 14: The Workers and Peasants of New Dornalia shall adopt a Federal Democratic Socialist form of governance, with executive, judicial and legislative branches, a central government, and lower administrations known as "Socialist State Representative."
Article 15:
a ) A bicameral People's Congress, with a Politburo and a Secretariat shall be established that the Workers and Peasants shall elect representatives to every four years.
b ) The People’s Congress shall have the legislative power. For the purposes of this article, this is the ability to create and pass laws by a 2/3rds majority from both Houses, regulate domestic and trade taxes (including the right to tax income, sales, etc), regulate financial matters and budget, regulate international commerce and commerce between the Socialist State Representatives, among other powers as well as the ability to make and pass laws to ensure the full enforcement and matenance of the laws with the Comrade Premier and his/her Executive.
c ) In addition to that, the People’s Congress may contravene the Comrade Premier’s veto with a combined 2/3rds majority vote, and shall be the only agency to declare a State of Emergency with the agreement of the Comrade Premier.
Article 16:
a ) Executive power shall be vested in the office of Comrade Premier, his or her cabinet, and departmental ministries created to exercise and maintain responsibility over matters of state to promulgate and carry out the laws of the Workers State and to maintain order and good government in the name of protecting national rights.
b ) The Comrade Premier has veto power over laws made by the People’s Congress. The Comrade Premier also directs international relations, and is Commander in Chief of the Revolutionary Armed Forces. The Comrade Premier and the Cabinet may also exercise executive privilege in the name of the Workers and Peasants to prevent interference in their ability to conduct promulgation and governance of the laws.
c ) The Comrade Premier may issue Executive Orders in the place of law necessary for the carrying out of the laws, or for the maintenance of the public peace and order, and for the promotion of public welfare. Such Executive Orders are to be laid before the Congress at its next session, and when the Congress does not approve the said Ordinances, the Government shall declare them to be invalid for the future.
d ) The Comrade Premier must be a citizen, at least 25 years of age and of sound mind and free of criminal taint and must demonstrate ability. This shall also apply to the members of the Cabinet. He/she shall be elected by popular vote.
e ) In the event of misconduct by the Comrade Premier or any government official, a censuring and explusion procedure shall occur, where upon the People's Congress shall try the case with a 2/3rds vote to approve said censure and/or explusion. In the event of a mistrial, the case goes to the Workers' Supreme Tribunal.
Article 17:
a ) Judicial Power shall be vested in the office of the Workers Supreme Tribunal and all SSR, Planetary, District, and Settlement (either rural, urban, township or unincorporated settlement) Courts from here on in as well as all other needed courts.
b ) The Workers Supreme Tribunal shall consist of six judges, appointed by the Comrade Premier and approved by the People’s Congress by two-thirds majority. The Workers Supreme Tribunal and all lower courts from Planetary and up shall have the right of Judicial Review of all laws made in the Workers States’s territories, including this Constitution, among their other powers.
c ) No person in the Workers State shall be convicted of treason for his or her creed, race, or anything else other than direct material support for the enemy.
d ) The Congress shall have power to declare the Punishment of Treason, but charges of treason shall not extend to future descendants to protect the rights of the People.
Article 18:
a ) The Workers And Peasants of New Dornalia shall be obligated to bear arms in the defense of the State, their fellow Workers and Peasants, as well as this Constitution and all it stands for in a term no less than 2 years.
b ) For that matter, the Workers State shall have, a standing army and navy with air force arm and a popular militia, organized and unorganized to defend the Workers State, known as the Revolutionary Armed Forces to guarantee the security of the People.
Article 19:
a ) All who are born in New Dornalian Soil are considered Workers and Peasants according to this constitution for New Dornalia. Citizenship is to be automatically be bestowed by birth.
b ) As for Dornalians born abroad on military bases, they shall be considered Dornalian citizens. As for those born in foreign hospitals, etc., they shall be considered Dornalian citizens unless the child, at age 18, chooses to embrace his birthland’s citizenship instead.
c ) Those who wish to become citizens who are foreign born must pass a citizenship test and obey by rules to be set by law and Judicial Review.
d ) The Workers State does not grant titles of nobility, but it may provide meritorious medals for civilians and soldiers who engage in conduct that benefits the Workers State and it respects those titles gained abroad either by immigrants to New Dornalia or by Dornalians in foreign service.
e ) No one in the Workers State shall be subject to involuntary servitude unless it is for penance for a crime.
Article 20:
a ) Socialist State Representatives shall be organized and will provide three representatives to the Politburo (Upper House) and a proportion of representatives corresponding to population to the Secretariat (Lower House).
b ) No SSR shall enter into any treaty, alliance, or confederation with a foreign power; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
c ) No SSR shall, without the consent of the People’s Congress, lay any import or export taxes except thse that are absolutely necessary: and the net produce of all such taxes laid by any SSR on imports or exports shall be for the use of the treasury of the Workers State; and all such laws shall be subject to the revision and control of the People’s Congress.
d ) No SSR shall without the consent of the People’s Congress lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another SSR that prejudices the power of the National Goverment or engage in war unless actually invaded, or in such imminent danger as will not admit of delay.
e ) SSRs, however, without any prejudice to the power of the National Government and the rights of the True Dictatorship of the Proletariat, are to be responsible for governing affairs unique to their states and pertaining to their states. These include local matters such as intrastate taxation to fund local government and its ability to maintain the laws in its borders, maintaining People’s Militia units under command of the executive of the SSR (to be only deployed by consent of the National Government or in case of severe, justified emergency), and basic intrastate legislative, executive and judicial powers, among other powers.
Chapter III: Matters of Finance:
Article 21:
a ) The imposition of a new tax or the modification of the rates (of an existing one) shall be determined by vote of the People's Congress and approval of the Comrade Premier.
b ) However, all such administrative fees or other revenue having the nature of compensation shall not fall within the category of the above clause.
c ) The raising of national loans and the contracting of other liabilities to the charge of the National Treasury, except those that are provided in the Budget, shall require the consent of the People's Congress.
Article 22: A National Reserve system shall be established to supply proper amounts of specie, paper and digital currency for national usage, and may also set Interest Rates, and a National Mint for the purposes of coinage and printing paper money.
Article 23:
a ) The expenditure and revenue of the State require the consent of the People’s Congress by means of an annual Budget to prevent msuse of the People's Funds.
b ) Any and all expenditures overpassing the appropriations set forth in the Titles and Paragraphs of the Budget, or that are not provided for in the Budget, shall subsequently require the approbation of the People’s Congress.
Article 24: The Budget shall be first laid before the Secretariat, and then shall be approved by the Politburo.
Article 25: The expenditures of the Executive shall be defrayed every year out of the National Treasury, according to the present fixed amount for the same, and shall not require the consent thereto of the People’s Congress, except in case an increase thereof is found necessary.
Article 26: Those already fixed expenditures appertaining to matters of National Security and Matinance of a Social Safety Net, and such expenditures as may have arisen by the effect of law, or that appertain to the legal obligations of the Government, shall be neither rejected nor reduced by the People’s Congress, without the concurrence of the Government.
Article 27: In order to supply deficiencies, which are unavoidable, in the Budget, and to meet requirements unprovided for in the same, a Reserve Fund shall be provided in the Budget.
Article 28: In order to meet special requirements, a Special Continuing Expenditure Fund shall be set up in the budget, to be supplied by a percentage of any funds not devoted to the Reserve Fund or regular Budget to be determined by the People’s Congress.
Article 29:
a ) When the People’s Congress cannot be convoked, owing to the external or internal condition of the country, and either a State of Emergency or a major financial problem is in progress, the Government may take all necessary financial measures, by means of an Executive Order.
b ) In the case mentioned in the preceding clause, the matter shall be submitted to the People’s Congress at its next session, and it shall be either made permanent or voted out of existence by 2/3rds majority of the Secretariat.
Article 30: When the People’s Congress has not voted on the Budget, or when the Budget has not been brought into actual existence, the Government shall carry out the Budget of the preceding year.
Article 31:
a ) The final account of the expenditures and revenues of the State shall be verified and confirmed by the Board of Audit, and it shall be submitted by the Government to the People’s Congress, together with the report of verification of the said board.
b ) The organization and competency of the Board of Audit shall of determined by law separately.
Article 32:
a ) The economy of the Workers State shall be, for the benefit of the Workers and Peasants as a whole, be a Mixed Market Economy which permits free enterprise and commerce for profit within a government framework to prevent abuses injurous to the Workers And Peasants.
b ) This choice is made because of previous terrible experience with a traditional Marxist-Leninist Economy, which proved good intentioned but injurious in practice by promoting mass inefficency, high government deficits, low morale and national spirit among the Workers and Peasants, and by promoting the rise of an elite class counterproductive to its goals.
c ) We also choose to do this because of the recognized problems of a Free Market Economy, which tended to engender abuses of workers.
Chapter IV: Concerning Other Procedures
Article 33:
a ) When it has become necessary in future to amend the provisions of the present Constitution, a Constitutional Amendment shall be submitted to the People’s Congress.
b ) The Congress shall debate the amendment, and approve it with a 2/3rds majority of both houses to be promulgated by the Comrade Premier.
Article 34:
a ) No modification of the Executive shall be required to be submitted to the deliberation of the People's Congress.
b ) No provision of the present Constitution can be modified by the Executive.
Article 35: No modification can be introduced into the Constitution during a State of Emergency.
Article 36: Existing legal enactments, such as laws, regulations, Ordinances, or by whatever names they may be called, shall, so far as they do not conflict with the present Constitution, continue in force.
Article 37:
a ) All Debts and Agreements entered into before the Adoption of this Constitution shall be as valid against the Workers State as it was before the Constitution’s adoption.
b ) This Constitution and the Laws of the Workers State which shall be made in Pursuance thereof and all Treaties made under the Authority of the Workers State, shall be the supreme Law of the Land. Judges in every SSR shall be bound thereby, any thing in the Constitution or Laws of any SSR to the contrary notwithstanding.
c ) The representatives before mentioned in the People’s Congress and the SSR Legislatures and all executive and judicial officers of these institutions shall be bound by Oath or Affirmation, to defend this Constitution as part of their Obligations to Defend the Workers and Peasants.
Chapter V: Concerning Territory:
Article 38: New SSRs may be admitted by the People’s Congress into the Workers State; but no new SSRs shall be formed within the boundaries of any existing SSR; nor any SSR be formed by the Junction of two or more SSRs, or parts of SSRs, without the Consent of the Legislatures of the States concerned as well as of the Congress.
Article 39: The Congress shall have power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the Workers State, or of any particular SSR.
Article 40: Full Faith and Credit shall be given in each SSR to the public Acts, Records, and judicial Proceedings of every other SSR. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Article 41: The Workers and Peasants of each SSR shall be entitled to all Privileges and Immunities of Workers and Peasants in any SSR. A Person charged in any SSR with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the SSR from which he fled, be delivered up, to be removed to the SSR having Jurisdiction of the Crime. No Person held to Service or Labor in one SSR, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labor, But shall be delivered up on Claim of the Party to whom such Service or Labor may be due.
Chapter VI: Concerning Every Thing Else
Article 42: Reinforcement of the rights, laws, and all provisions of this Constitution, shall, if it has not been mentioned already, shall be enforced by the appropriate Executive Orders, laws of the People’s Congress, and products of Judicial Review. "
The Document will be voted on by the Congress next week. If not approved, it will be returned to the Convention for revisions.