Full Constitutional Reform

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Full Constitutional Reform

Post by Ramazan on Sat May 02, 2015 4:49 pm

Soveriegn State of San Andreas
National Constitution


PREAMBLE:
We, the people of the Soveriegn State of San Andreas, to conceive a civilization of unprecedented wisdom and ingenuity, provide for the protection of man's unalienable rights, and inspire general well-being for ourselves and our posterity, ratify and establish this Constitution for the Sovereign State of San Andreas.

Article I
Freedoms, Rights, and Protections of the Citizens


Section I
The citizens of the Soveriegn State of San Andreas shall herein be granted the following freedoms in order to maintain the freedom and stability of the Sovereign State. Citizens shall be granted the freedom of speech, the freedom of religion, the freedom to assemble, the freedom of press, and the freedom to petition their government. No law shall be placed that revokes or abridges the preceding freedoms from the citizens of the Sovereign State of San Andreas. No soldier, military branch, or other form of authority shall be exempt from adhering to these freedoms in a time of peace.

Section II
The citizens of the Sovereign State of San Andreas shall herein be granted the following rights in order to maintain the freedom and stability of the Sovereign State. Citizens shall be granted the right to information, the right to vote in an election, the right to an attorney in the case of a trial, the right to liberty, the right to own property, the right to petition their government, and the right to equality. The privilege of the writ of Habeas Corpus and writ of Coram Nobis shall not be suspended. No law shall be placed that revokes or abridges the preceding rights from the citizens of the Sovereign State of San Andreas. No soldier, military branch, or other form of authority shall be exempt from adhering to these rights in a time of peace.

Section III
The citizens of the Sovereign State of San Andreas shall herein be granted the following protections in order to maintain the freedom and stability of the Sovereign State. Citizens shall be granted protection from unreasonable or violent questioning, protection from cruel and unusual punishment in cases not involving treason, protection from excessive punishment in a time of peace, protection from unreasonable taxation, protection from double jeopardy, protection from unreasonable search and seizure, and protection from discrimination due to race or religion. No law shall be placed that revokes or abridges the preceding protections from the citizens of the Sovereign State of San Andreas. No soldier, military branch, or other form of authority shall be exempt from adhering to these protections in a time of peace.

Section IV
The citizens of the Soveriegn State of San Andreas shall herein be granted the following protections in order to maintain the freedom, stability, and safety of the citizens of this Soveriegn State. Citizens are granted the right to compose a restraining order for the following reasons: (i) Protection of themselves from the abuse of another person, citizen or not. (ii) Protection for one's possessions from those who may or have abused them. (iii) Protection of one's loved ones from the abuse of another person. No law shall be placed that revokes or abridges the preceding protections from the citizens of the Soveriegn State of San Andreas. No soldier, military branch, or other form of authority shall be exempt from adhering to these protections in times of peace, war, or chaos.

Article II
Legislative Branch of the Soveriegn State of San Andreas


Section I
The legislative powers shall now be vested in one Senate. A collection of citizens of the Sovereign State of San Andreas shall be entrusted with the position of Senator. One Senator will be elected per each of the districts. If there are less than three candidates running for one district an election shall be deemed detrimental and the President of the Soveriegn State of San Andreas shall hold the power to end the election and appoint a senator to that district. Districts will be created and removed at the discretion of the President of Soveriegn State of San Andreas, districts may only be removed when their seat in The Senate is unoccupied. The amount of disctricts may never be lower than 2 and never exceed 7. Prior to a Senator's appointment to office, he or she shall be sworn into office by the Chief Justice of the Supreme Court and shall affirm his or her duties through the following oath of office:

"I do hereby solemnly swear that it shall be my duty to defend and enforce the constitution of this Sovereign State of San Andreas against all those who oppose, foreign and domestic. I affirm that I take this obligation willingly without any mental reservation or purpose of evasion. I will execute the duties assigned to me to, fully and faithfully, the best of my abilities, so help me God."

The Senate shall hold the power to try all impeachments, discluding those of fellow Senators or themselves. A majority vote is required to finalize impeachments and judgement shall not extend past removal from office. Criminal proceedings shall be vested to the Judicial Branch in the event of an impeachment. If a member of the Senate is to be impeached, it shall be tried by the Supreme Court.

Section II
A Senator may not be employed by the Executive Cabinet, nor by the Judicial Branch during his or her term.

The Senate is to meet at any time that they see fit or if the security of the nation is directly dependent on it. A Senator is delegated the ability to propose a bill or motion that may be passed into law. Each member of the Senate is to possess one vote on all proposed bills and motions, excluding their own propositions. A majority vote is required in order to pass a bill or motion into law. The President of the Senate shall hold a vote only in the event of a tie.

Any bill that has been passed by the Senate shall not be enacted upon until it has been presented to and signed by the President of San Andreas. The president may also choose to refuse the bill and return it to the Senate for a re-vote. In this case, a unanimous vote is required to pass the bill. If the President has had a bill for ten days and has not taken action upon it, the bill will be presumed as approved.

If a senator fails to vote on a bill within three days of the bill being proposed, the senator shall be counted as abstaining from said meeting. If the senator fails to vote on two bills in a row without voting on them within three days they may be removed by the President of the Soveriegn State of San Andreas. If a senator is removed, impeached, or otherwise rendered incapable of serving, the seat will remain vacant until a replacement is appointed either through election or when deemed detrimental, by the President of the Soveriegn State of San Andreas.

Section III
Congress will be given the following powers and authorities to ensure the national security and well-being of the Sovereign State of San Andreas. They will be granted the authority to:
Lay and collect taxes from the people of San Andreas.
Borrow money on the credit of San Andreas.
Regulate commerce between foreign nations.
Establish laws, in accordance with this Constitution, across the Sovereign State of San Andreas.
Establish limitations to punishment for crimes against San Andreas and/or its Citizens.
Act as a tribunal, with the Supreme Court, in suits involving foreign nations.
Review and remove, if so deemed necessary, executive offices created by the President with a four-fifths majority vote.

Section IV
Congress will be given the following limitations to ensure the national security and well-being of the Sovereign State of San Andreas. The following restrictions are as follows:
No law shall be passed that commits a position to one individual.
No tax shall exceed that of twenty percent without the concurring approval of the President, the Senate, and the Supreme Court in their entirety.
No individual or set of individuals shall be exempt from taxation that has been passed across the nation.
No law of San Andreas shall punish any individual for crimes ex post facto. (laws shall not punish people for crimes that were not crimes when they were committed.)
No law shall remove power(s) or limit(s) of power(s) already defined of the Legislature, Executors or Justices.

Section V
Congress shall hold the power to amend this constitution as deemed necessary by the unanimous vote of congress accompanied by the approving signatures of the President and the Chief Justice of the Sovereign State of San Andreas.

Article III
Executive Branch of the Soveriegn State of San Andreas


Section I
The executive powers of the Sovereign State of San Andreas shall be entrusted to one President. He shall hold this office during the term of two months. The President shall be required to create and submit a financial plan to congress, which shall be voted on and approved by a three-fifths majority, within the first week of term. Prior to President's and members of his cabinet's appointments to office, he or she shall be sworn into office by the Chief Justice of the Supreme Court and shall affirm his or her duties through the following oath of office:

"I do hereby solemnly swear that it shall be my duty to defend and enforce the constitution of this Sovereign State of San Andreas against all those who oppose, foreign and domestic. I affirm that I take this obligation willingly without any mental reservation or purpose of evasion. I will execute the duties assigned to me to, fully and faithfully, the best of my abilities, so help me God."

Candidates for the position of presidency must have first attained the age of twenty five years, be in good standings with the law and have been a citizen of the Sovereign State of San Andreas since birth.

In the case of an extreme calamity, resignation, or impeachment of the incumbent President, the duties of the president shall be bestowed upon the Vice President who shall assume the office of the President. When there is a vacancy within the position of Vice President, the President shall nominate a replacement. The President's replacement shall serve out the remainder of the previous President's term. In a case of crisis when both the President and the Vice President are simultaneously rendered incapable of performing the duties of President, the office shall fall upon the next capable individual in the following succession:
Chief of Staff
Attorney General
Secretary of Treasury
Secretary of Defense
Secretary of State

The above offices shall be deemed a necessity of the Executive branch and shall not be removed by the President. These offices will be labeled the Executive Cabinet of the Sovereign State of San Andreas, including the President and Vice President. A member of the Executive Cabinet may not be employed by the Legislative Branch, nor by the Judicial Branch.

Section II
The President is the chief executive officer of the Sovereign State of San Andreas and head supervisor of the Executive Branch. The President holds the power to:
Address the citizens to ensure and inform them of workings of the Government, as he/she sees fit.
Amend the tax rate as deemed necessary without exceeding the amount of twenty percent.
Oversee and direct the operations conducted by the Executive Branch and as such will also act as Commander in Chief of San Andreas.
Enact an Executive order, which holds the same power as law but are limited to a life of no more than two weeks or until the President removes order.
Declare war, and establish rules on captures as the result of wars.
Appoint officials to the offices of Vice President, Chief of Staff, Attorney General, Secretary of Treasury, Secretary of Defense, and Secretary of Labor.
Create positions within the executive staff and appoint officials to fill them.
Pardon any individual who is convicted of crimes against the Sovereign State of San Andreas.
Veto any motion or act passed by the senate by anything other than a unanimous vote.
Submit proposed bills or amendments to the legislature for senatorial approval.
Exercise the use of Eminent Domain ((with approval from EG-RP's Executive Office)).

The Vice President is the deputy head supervisor of the Executive Branch. The Vice President holds the power to:
Address the citizens to ensure and inform them of workings of the Government, as he/she sees fit.
Amend the tax rate as deemed necessary without exceeding the amount of twenty percent.
Oversee and direct the operations conducted by the Executive Branch.
Create positions within the executive staff and appoint officials to fill them.
Submit proposed bills or amendments to the legislature for senatorial approval.

Section III
The President, Vice President, and any other office holder of the executive branch shall be subject to impeachment upon conviction of treason, bribery, or other crimes against the state. All impeachment trials shall be tried by congress, discluding those pertaining to congress.

Section IV
Judicial Branch of the Soveriegn State of San Andreas


Section I
The Judicial Power of the Sovereign State of San Andreas shall be vested in one Supreme Court. The Supreme Court shall consist of one Chief Justice and Associate Justices appointed by the Chief Justice. Justices of the Supreme Court will hold office for life unless they commit acts of ill faith, in which circumstance they may be impeached by a four-fifths majority of the Senate. No member of the Judicial Branch may be employed by the Legislative Branch, nor by the Executive Cabinet during his or her tenure. Prior to Chief Justice's appointment to office, he or she shall be sworn into office by the President of San Andreas and shall affirm his or her duties through the following oath of office:

"I do hereby solemnly swear that it shall be my duty to defend and enforce the constitution of this Sovereign State of San Andreas against all those who oppose, foreign and domestic. I affirm that I take this obligation willingly without any mental reservation or purpose of evasion. I will execute the duties assigned to me to, fully and faithfully, the best of my abilities, so help me God."

The Supreme Court shall hold the ability to establish smaller District Courts as deemed necessary by the justices of the court.

Section II
In order to establish and maintain an effective governing body, the Judicial Branch will be granted the following powers:
The Supreme Court shall hold the power of Judicial Review over any law passed by the Senate or executive order issued by the president.
The Supreme Court shall be tasked with interpreting and enforcing the constitution and laws passed by the legislative branch.
Members of the Senate may be impeached if a majority vote of the Supreme Court is attained. Grounds for dismissal must include either corruption, treason, or other crimes against the state.

Section III
The Supreme Court shall hold original jurisdiction in any case between two, or more, governmental entities, or civil service agencies; the interpretation of the Constitution is directly disputed; and claims of human rights violations, or violations of international law, are raised. In all other cases other than the aforementioned, the Supreme Court shall hold final jurisdiction.

Trial by Jury shall be at the discretion of the presiding Judge at the district level. Trial by Jury shall not be permitted in cases tried by the Supreme Court.

Section IV
Treason against the Sovereign State of San Andreas shall only consist of levying war against the Sovereign State, adhering to its enemies, or offering its enemies aid and comfort. No person shall be convicted of treason without the testimony of five witnesses to an individual act or an open court confession. Congress shall have power to declare the punishment of treason.

Article V
Ratification of the National Constitution


Section I
The conjoined signatures of the current President of the Sovereign State of San Andreas, the current Justices of the Supreme Court, and the current Senators of the Sovereign State of San Andreas shall be sufficient for the establishment of this Constitution. We have hereunto subscribed our Names,


Last edited by Ramazan on Sun May 03, 2015 4:46 pm; edited 2 times in total
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Ramazan
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Re: Full Constitutional Reform

Post by Matt on Sun May 03, 2015 4:31 pm

I, Chief Justice of the San Andreas Supreme Court, Approve the following document as it was placed under Judicial Review.


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Supreme Court of San Andreas

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