The Democratic Republic of Luswuegro

Patria Et Integritas

Constitution of The Democratic Republic of Luswuegro

September 18 2022

PREAMBLE

The Democratic Republic of Luswuegro ("Luswuegro") is an indivisible, secular, sovereign, unitary, democratic directorial republic. This Constitution provides for its government, maintenance, and protection. We, the citizens, are determined to unite together for our own and succeeding generations' protection and mutual benefit, to secure peace, prosperity, and happiness, secure in all ways that liberty, equal rights, and justice shall not be denied to any person within our borders. In view of this fundamental purpose, we have adopted this Constitution.

As citizens of the state we pledge to maintain and abide by this Constitution and the laws enacted from it; to work together for the common good; to respect our fellow citizens; and to protect the interests of future generations. As members of the government we pledge ourselves to serve with honesty, integrity, courage, and competence; to not commit any act or do anything which might reasonably be considered to be deceptive or scandalous; to strengthen the foundations of our indivisible, secular, sovereign, unitary, democratic directorial republic; to serve the public interest, protect the liberty and rights of the citizens, and to safeguard the independence, security, reputation and goodwill of the state.

1 - SOLE CONSTITUTION

This Constitution is final and binding and is the sole Constitution of the state and shall take full power immediately upon ratification by all Citizens eligible to vote.

1.1 - RULE OF LAW

All persons, institutions and entities, public and private, including the state itself, are subject to the rule of law.

1.2 - CONFLICT OF LAWS

This Constitution shall be the supreme law of the state and shall supersede all other laws.

2 - ALTERNATION AND AMENDMENT

Any alteration or amendment to this Constitution may be initiated by any citizen. A three fourths majority approval of all citizens eligible to vote shall be required to succeed. Upon such successful alteration or amendment this Constitution shall be restated in its entirety, with the new version replacing the prior version in full.

2.1 - LIMITATIONS

This Constitution may not be amended during any period of duress which includes but is not limited to:

  • War, or any warlike activities or operations, whether declared or not, civil strife, unrest or disturbance, hostilities, insurrection or disorder, internal war, invasion, rebellion, revolution, or uprising,
  • National, natural or ecological disaster, catastrophe, or epidemic,
  • Any disturbance in which the armed forces are or can be called to restore order, or
  • Any act or condition incidental to any of the foregoing.

Any alteration or amendment that changes the underlying principles or spirit of this Constitution, or that changes the indivisible, secular, sovereign, unitary, democratic directorial republic form of government, or that further restricts any of the rights guaranteed in this Constitution, shall be prohibited at any time.

3 - SEPARATION OF POWERS

The powers of the government shall be divided into three distinct branches: The executive, judicial, and legislative branches. The branches are independent of each other, shall act in accordance with this Constitution and the law, and conduct their relationships on an arm's length basis.

No branch or department shall usurp the powers of another branch or exercise more than one of the following functions:

  • To make laws;
  • To execute such laws;
  • To interpret such laws and administer justice

4 - EXECUTIVE BRANCH

4.1 - EXECUTIVE COUNCIL

The executive branch shall be lead by an Executive Council ("Council") as Head of Government and Head of State.

The powers, duties, and responsibilities of the Council are limited exclusively to those specifically enumerated in this Constitution or as may be assigned by the legislative body.

The Council shall consist of seven Members. Council Members must be at least 21 years of age and may hold no other office.

The Council operates under the principle of collegiality, reaches its decisions as a collegial body, and has power only through this collective decision-making process. All Members are equal and no individual has direct authority.

Each of the seven positions on the Council shall be assigned a number from one through seven. At the start of each term, each Member shall be moved up by one position, with the Member in position seven moving off of the Council.

The positions of President and Vice President of the Democratic Republic of Luswuegro shall rotate among the Members, with the Member in position six becoming Vice President and the Member in position seven becoming President.

The President shall preside over meetings of the Council and, in the event of any period of duress described in #2.1 that also prevents the Council from discharging its powers and duties, may take emergency powers to perform such necessary acts and make such necessary decisions. Such acts must be of limited duration, proportional to the circumstances, may not suspend or restrict any rights guaranteed in this Constitution, and are subject to the review and nullifcation by the remainder of the Council.

If any Member advises the Council of being, or whenever a majority of the Council Members determine that a Member is, unable to discharge the duties of their position by reason of disability, including but not limited to physical or mental disability, or when their duties are not being discharged by reason of continuous absence, then, that position number shall be considered vacant and the remaining Members that are not disabled or absent shall temporarily be moved up, in order, by the number of positions necessary to fill such vacant position numbers, until such Member advises the Council to the contrary. At that time such member is restored to their prior position number and the Members that temporarily moved up shall be restored to their prior position number.

Unless the nature of the incapacitation is expected to not exceed a two week period on a continual basis, or is not expected to exceed a consecutive four month period on an intermittent basis over the remainder of the term, the lower position numbers shall then be filled by the normal random selection process described in #9.1.

If any Member advises the Council dies, that position number shall be considered vacant and the remaining Members shall permanently be moved up, in order, by the number of positions necessary to fill such vacant position numbers. The lower position numbers shall then be filled by the normal random selection process.

If no Member of the Council remains a period of duress shall exist, and new Members shall be appointed using the random selection process described in this #9.1 and staggered as described in #4.1.1, which shall also determine the role of President and Vice President.

The supreme court shall have the original, exclusive and final jurisdiction to determine absence and disability of any Member and to determine the existence of a vacancy in any position number and all questions concerning succession and the powers and duties of the Executive Council.

4.1.1 - COUNCIL TERM LENGTH

The terms of the Members shall be staggered such that the term of one Member ends in each year. In order to accomplish this, in the first group of Council Members, one shall be appointed to position number one for a term of seven years, one shall be appointed to position number two for a term of six years, one shall be appointed to position number three for a term of five years, and one shall be appointed to position number four for a term of four years, one shall be appointed to position number five for a term of three years, one shall be appointed to position number six for a term of two years who shall become Vice President, and one shall be appointed to position number seven for a term of one year who shall become President. These initial positions and terms shall be assigned to the Members by random selection.

4.1.2 - POWERS, DUTIES, AND RESPONSIBILITIES OF THE COUNCIL

The Council represents the state before foreign countries, and shall execute all duties with impartiality and fairness.

4.1.2.1 - MONITORING THE OPERATION OF THE EXECUTIVE BRANCH

The Council shall be responsible for the faithful execution of the law.

The Council shall have the duty to monitor the activities of the Executive Branch to ensure that they conform to the provisions of this Constitution and the laws enacted from it. The Council may request an opinion or information from any department or office of the Executive Branch as may be deemed necessary, and issue instructions to the same that are consistent with this Constitution and the laws enacted from it it. The Council shall, at the beginning of each term, and may, at other times, give information to the legislative body as to the affiairs of the state and recommend measures considered necessary or desirable, at least annually and at other times.

4.1.2.2 - RECEIVE FOREIGN AMBASSADORS, REPRESENTATIVES AND LEADERS

Foreign ambassadors, representatives, and leaders are received by the Council, who has authority to grant and revoke their credentials.

4.1.2.3 - GRANT ASYLUM

The Council may grant asylum to those people that have been granted refugee status by the United Nations High Commissioner for Refugees, if they come to the state on their own initiative, and are unable or unwilling to return to their country of origin due to their lives, safety or freedom being threatened by aggression, repression, persecution or torture at the hands of their governments, provided they do not pose a threat to the security of the state.

4.1.2.4 - POWER TO PARDON

The Council has the power to pardon any offense against law committed by an individual who has been convicted by a court, to commute their sentence, or remit punishment. Pardons may be granted only after appropriate judicial process, and all appeals, have been exhausted.

4.1.2.5 - AWARD DECORATIONS

The Council may award medals and other decorations as an expression of appreciation for meritorious service or extraordinary achievement in the field of foreign affairs, defense, education, culture, health care, science, sports, or any other area or reason deemed appropriate by the Council.

4.1.2.6 - BUDGET BILLS

The Council shall submit budget bills for approval by the legislative body, at least annually or as needed, that include the following information:

  • A statement of the goals and objectives of the Executive Branch;
  • A detailed listing of projected expenditures and receipts for the calendar year, including all income and taxes;
  • A list of all accounts and programs to be funded by the proposed budget, including a summary of how they are used;
  • An explanation of any proposed changes in tax rates or income levels;
  • Any additional information deemed necessary or appropriate by the Council

The Executive Branch shall maintain a balanced budget.

4.1.2.7 - ARMED FORCES

The Council shall be commander-in-chief of the armed forces.

4.1.2.8 - ISSUE DECREES

Subject to approval by the legislative body, the Council shall have the power to issue decrees that pertain to:

  • War or conflict
  • Periods of duress, as described in #2.1
  • Matters of foreign policy, including international treaties and agreements

4.2 - ATTORNEY GENERAL

An Attorney General shall serve as chief legal advisor to the Council and is charged with representing the state in legal matters, enforcing this Constitution and the laws enacted from it throughout the state. The Attorney General may delegate specific powers and duties to other attorneys within the Office Of The Attorney General.

The Attorney General's term of office shall be limited to three years. No one attorney shall hold the same position longer than two terms (six years).

No person shall be eligible for the position of Attorney General unless that person has been admitted to practice law before the supreme court for at least ten years.

5 - LEGISLATIVE BRANCH

All legislative power is vested directly in the citizens and exercised by popular vote in free elections.

5.1 - ORGANIZATION AND PROCEDURE

All citizens of voting age form a unicameral legislative body called the Citizen's Assembly. The state shall consist of a single legislative district.

A Secretary of the legislative body shall be the chief administrative officer.

In addition to any other duties as the legislative body may prescribe, the Secretary shall keep a journal of the proceedings which shall be published from day to day. The legislative body shall prescribe the methods of voting on legislative matters but the yeas and nays on any question or vote shall be recorded in the journal.

The legislative body shall determine its rules of procedure. It may compel the attendance of absent members and discipline its members.

5.2 - SALARIES

The citizens shall receive no salary for their service in the legislative body but the state shall cover the cost of reasonable expenses incurred in the performance of their duties.

5.3 - BILLS; SINGLE SUBJECT

The legislative body shall enact no law except by bill and all bills and laws must be consistent with this Constitution.

Every bill shall be confined to one subject and must contain only those provisions which are necessary to achieve its purpose. All budget bills shall be limited to the subject of the budget.

An absolute majority (50% + 1) of all citizens of voting age shall be required to pass any bill unless a higher amount shall otherwise be required by law or this Constitution, provided that no such bill shall further restrict the rights guaranteed in this Constitution. The majority's decisions must heed the protection of the minorities.

When a bill has passed the legislative body is shall become law. The yeas and nays on final passage shall be entered in the journal by the Secretary.

The legislative body shall pass no special or local act when a general act is or can be made applicable. Whether a general act is or can be made applicable shall be a matter for judicial determination.

5.3.1 - EX POST FACTO

No law shall ever be passed retroactively.

5.4 - SUBMISSION OF BILLS

Any citizen may submit a bill.

5.5 - WAITING PERIOD

Except during a period of duress as in #2.1 no bill may become law unless it has been considered for a minimum for 30 days but not more than 90 days.

5.6 - COMMITTEES

The legislative body may establish and dissolve such committees as it deems appropriate to further its business. Such committees have no decision-making power of their own but report back to the legislative body on matters they have considered or issues they have investigated, at such times and in such manner as the legislative body may direct. No committee may initiate legislation.

When a committee to which a bill has been assigned has not reported on it, one third of all the citizens shall have power to remove the bill from committee and place it back with the legislative body.

Adequate public notice of all committee hearings, with a clear statement of all subjects to be considered at each hearing, shall be published in advance.

5.7 - OVERSIGHT POWERS; NULLIFICATION OF EXECUTIVE DECREES

The legislative body shall have the power to compel the attendance and testimony of witnesses and the production of books and papers either before the legislative body as a whole or before any committee thereof.

Any decree issued by the Executive Branch may be nullified upon a two thirds vote of the legislative body.

5.8 - IMPEACHEMENT AND REMOVAL FROM OFFICE

For cause shown by a two thirds vote of the legislative body any Member of the Executive Council, the head of any principal department, any judicial officer and any other such other officers of the state that the legislative body shall make subject to this provision, may be impeached and removed from office.

Such person shall continue to exercise their office until the vote is complete. If the vote is successful the associated position becomes vacant. If the vote is not successful the person shall remain in their position and another such vote may not be called against them for six months.

5.9 - DEPARTMENTS AND OFFICES

All departments and offices, and their respective functions, powers and duties, that are not otherwise provided for in this Constitution, shall be allocated by law among and within not more than twenty principal departments or offices so as to group them as far as practicable according to major purposes. Regulatory, quasi-judicial and temporary agencies established by law may, but need not, be allocated within a principal department. The legislative body shall by law prescribe the functions, powers and duties of the principal departments and offices and may from time to time reallocate departments and offices, increase, modify, diminish or change their functions, powers and duties and may assign new functions, powers and duties to them; but the Executive Countil may make such changes in the allocation of departments and offices and in the allocation of such functions, powers and duties, as the Executive Council considers necessary for efficient administration in ways that do not conflict with existing law.

6 - JUDICIAL BRANCH

6.1 - JUDICIAL POWER

The judicial power of the state shall be vested in a unified judicial system, which shall include a supreme court, an appellate court and a general court, and which shall also include such inferior courts of limited jurisdiction as may from time to time be established by law.

All courts except the supreme court may be divided into functional divisions and subdivisions as provided by law or by judicial rules not inconsistent with law.

6.2 - SUPREME COURT

The supreme court is the highest court of the state, whose decisions are final and may not be appealed further, and shall consist of a chief judge and five associate judges.

6.3 - JURISDICTION OF COURTS

The supreme court shall have appellate jurisdiction in all cases. It shall also have original jurisdiction in cases against holders of public office, interpretation of this Constitution, and in all other cases as provided by law or this Constitution.

All other courts of the state shall have original and appellate jurisdiction as provided by law, which jurisdiction shall be uniform throughout the state. The jurisdiction of functional divisions and subdivisions shall be as provided by law or by judicial rules not inconsistent with law.

The right to appeal decisions to a higher court is vested in the party concerned. Lower courts must take into account decisions of higher courts.

6.3.1 - LEGISLATIVE REVIEW

The right to bring an action for injunctive relief for violations of this Constitution is guaranteed.

Any person shall have standing to file an action challenging the constitutionality of any bill, law, act, deed, or decree in any stage of enactment, adoption, implementation, or enforcement.

The supreme court shall have original jurisdiction over such cases and may grant a stay on its execution until the case has been heard by the court.

With a two thirds majority, the supreme court may find such to be unconstitutional and may then:

  • Declare such to be null and void with immediate force and effect;
  • Order the Executive Council, as head of the executive branch, to take appropriate measures;
  • Order the legislative body to amend, reform, or repeal it;
  • Issue writs of mandamus;
  • Grant other remedies within law or this Constitution

6.4 - QUALIFICATIONS OF JUDGES; TENURE; RETIREMENT; REMOVAL

No person shall be eligible for judicial office in the supreme court, appellate court and general court unless that person has been admitted to practice law before the supreme court for at least five years. No person who holds judicial office in the supreme court, appellate court or general court shall hold any other office.

The judges of the supreme court, appellate court and general court shall hold their offices for initial terms of four years, are subject to re-appointment in the normal random selection process, with no maximum number of terms. They shall be retired upon attaining the age of seventy years and may, be pensioned as may be provided by law. The chief judge of the supreme court may from time to time appoint retired judges to such special assignments as may be provided by the rules of the supreme court.

The judges of the supreme court, appellate court and general court shall be subject to impeachment by the legislative body and any such judge impeached shall not exercise their office until acquitted. The supreme court may also remove judges of the appellate and general courts for such cause and in such manner as may be provided by law.

The legislative body shall provide by law for the appointment of judges of the inferior courts and for their qualifications, tenure, retirement and removal.

The judges of the courts of this state shall receive such salaries as may be provided by law, which shall not be diminished during their term of office.

6.5 - ADMINISTRATION

The chief judge of the supreme court shall be the administrative head of the unified judicial system. The chief judge may assign judges from one geographical department or functional division of a court to another department or division of that court and may assign judges for temporary service from one court to another. The chief judge shall, with the approval of the supreme court, appoint an administrative director to serve at the chief judge's pleasure and to supervise the administrative operation of the judicial system.

6.6 - FINANCING

The chief judge shall submit an annual consolidated budget for the entire unified judicial system and the total cost of the system shall be paid by the state. The legislative body may provide by law for the reimbursement to the state of appropriate portions of such cost by political subdivisions.

6.7 - RULE-MAKING POWER

The supreme court shall make and promulgate rules governing the administration of all courts. It shall make and promulgate rules governing practice and procedure in civil and criminal cases in all courts. These rules may be changed by the legislative body by a two thirds vote of all the members.

7 - LIMITED IMMUNITY

Citizens in public office shall be granted limited immunity from prosecution. This immunity may be exercised only so that they they may carry out their duties free from the fear of retribution or other interference, and not at the expense of the liberties and rights of the people nor as a way to seek to avoid responsibility for acts done maliciously or corruptly, exceeding their jurisdiction, flawed by grave procedural error, gross negligence, willful misconduct, any crime, treason, felony, or violations of this Constitution or the laws enacted from it. To do so would violate the trust placed in them by the citizens.

This limited immunity applies only to their official statements, acts, and deeds, not to their private and personal life, and only when all criteria are met:

  • They exercised a degree of diligence with which a reasonable person under similar circumstances would exercise in the performance of their duties and obligations, and
  • In a manner that a reasonable person under similar circumstances would have believed to be in, or not opposed to, the best interest of the state, and
  • In which a reasonable person under similar circumstances would, based on a prudent estimation of trustworthy information, have no reasonable cause to believe their conduct was unlawful.

When all criteria are not met they shall shall have no immunity for such official statements, acts, and deeds, and may be tried on the same basis as any other citizen.

8 - ANNEXATION AND ACCESSION

The state recognizes its obligations under international law and shall not annex or otherwise acquire territory through force such as, by way of example, military attack but only through peaceful means such as treaty.

A three fourths majority approval of the legislative body and the unanimous consent of all existing inhabitants of a territory shall be required for accession to the state. A new territory may provide for further requirements beyond those stated here.

Upon such approval of accession the territory shall become part of the state and the current citizens shall become citizens of the state.

Appropriate steps shall be taken to ensure that the acquisition of new territory does not impair the religion, language, economy, environment, or other cultural practices of any inhabitants of such new territory.

8.1 - AUTONOMY OF INDIGENOUS GROUPS

The autonomy of indigenous groups shall not be affected. Each such group shall have the right to internal governance and be recognized and interact with on the same basis as any other sovereign state.

8.2 - STATUS OF COLONIES, PROTECTORATES AND TERRITORIES

Protectorates are guaranteed their freedom as independent states.

All colonies and territories established by or that are under the control or authority of the state are subject to this Constitution and the laws enacted from it. Colonies and colonists are treated as full citizens.

Everyone in occupied territories are guaranteed the same rights and freedoms as citizens of the state.

9 - VOTING; UNIVERSAL SUFFRAGE

The right and duty to vote is universal, equal, secret and may not be denied to any citizen for any reason. Each citizen that has attained a minimum age of 18 years by the end of the voting period shall cast one vote in all matters brought before them. The right and duty to vote is automatic upon reaching the minimum age; it is prohibited to require formal registration.

Employers shall provide reasonable and necessary time off for for citizens to vote, without loss of pay.

An able-bodied person shall be provided to assist any citizen in casting a ballot.

If a voter is unable to provide a valid identification document, that citizen is entitled to cast a ballot on the basis of oral testimony.

The state shall consist of a single voting and electoral district.

Oversight of voting and sortition is vested in the supreme court, who shall promulgate rules regarding the conduct of a fair, inclusive, transparent, open and democratic process.

9.1 - SORTITION

All positions in this Constitution shall be appointed by random selection from all citizens that are eligible to vote as of the end of the prior year, that have not been previously removed by a court on the basis of corruption, gross negligence, willful misconduct, any crime, treason, felony, or for a violation of this Constitution or the laws enacted from it, and that meet any other criteria established by this Constitution for that position.

The random selection shall be conducted on the first Monday in January and notice shall be provided to all citizens eligible to vote within 24 hours.

Unless otherwise provided for in this Constitution:

  • Terms begin at 00:00 UTC on the first Monday in March
  • Terms shall be for one year
  • A citizen shall be able to be appointed to more than one position
  • Shall have no maximum number of terms
  • Are subject to re-appointment in the random selection process

During the transition period from when the results of the random selection are announced to the citizens and the start of the next term the incoming and outgoing citizens shall work together to willingly and peacefully ensure that a relinquishing and transfer of power occurs for their position.

Citizens shall serve until their term expires, unless sooner removed by death, resignation, disqualification or otherwise.

10 - CENTRAL BANK

The Central Bank is the state's central financial institution. The Central Bank shall be independent, free, and responsible for the administration and regulation of monetary policy, banking supervision, and financial regulation. The Central Bank has the power, within its jurisdiction, to issue currency to provide for the public good and the maintenance of the country's economic stability. The Central Bank shall also publish the minimum exchange rate between the state and foreign currencies on an annual basis and at other times.

10.1 - CHIEF OF THE CENTRAL BANK

A Chief of the Central Bank shall serve as head of the Central Bank, and shall hold office for a term of five years.

11 - HUMAN AND SOCIOECONOMIC RIGHTS

We believe that human and socioeconomic rights are universal.

Everyone shall be entitled to protection of their human and socioeconomic rights without distinction of any kind.

All persons, institutions and entities, public and private, including the state itself, shall respect the rights of other persons.

Human and Socioeconomic Rights means all internationally recognized human and socioeconomic rights including but not limited to those set out in the International Bill of Human Rights to include the Universal Declaration of Human Rights (1948), the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), the International Covenant on Civil and Political Rights (ICCPR, 1966) with its two Optional Protocols and the International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966), the American Convention on Human Rights (1969), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the African Charter on Human People's Rights (1981), the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), the Convention on the Rights of the Child (1989), the Worst Forms of Child Labour Convention (1999), the Vienna Declaration and Programme of Action (VDPA, 1993) the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (2000) the Convention for the Safeguarding of the Intangible Cultural Heritage (2003), the Convention on the Rights of Persons with Disabilities (2005), the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work and Labour Legialtion Guidelines, the Voluntary Principles on Security and Human Rights, the and any applicable standards of international humanitarian law.

These items are incorporated into and made a part of this Constitution by reference and shall be deemed to have the same force and effect as if set forth in full herein.

It is the express intention that human rights be interpreted as broadly as possible and restrictions on rights be interpreted as narrowly as possible.

Social class systems such as a caste system or the existence of nobility are prohibited.

Although not recognized internationally: Unfiltered, uncensored access to the global internet shall be deemed a human right.

11.2 - HEALTHCARE AND EDUCATION

The state shall provide healthcare, to include medical, dental, vision and prescription drugs and education, to include include primary, secondary, and higher education at university on a non-discriminatory basis at no cost to all citizens. Participation shall be mandatory for all citizens.

11.3 - FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY AND PETITION

No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Censorship shall be prohibited.

11.4 - DUE PROCESS, EQUAL PROTECTION AND NON-DISCRIMINATION

No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of their rights nor be discriminated against on any basis includes, but not limited to,

  • Age
  • Ancestry
  • Color
  • Country of origin
  • Creed/Beliefs
  • Ethnicity
  • Financial status
  • Gender
  • Gender identity or presentation
  • Genetic information
  • Language
  • Mental or physical abilities
  • Nationality
  • Parentage
  • Political or other opinion
  • Pregnancy status
  • Property ownership
  • Race
  • Religion
  • Sexual orientation
  • Social status
  • Tribe/Clan
  • Veteran status

The enumeration in this Constitution of specified protected classes shall be construed neither as a grant nor as a limitation; all persons are intended to be covered without distinction of any kind. The legislative body may provide for additional classes for clarity.

11.5 - SEARCHES AND SEIZURES AND INTERCEPTIONS

  1. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by affirmation or declaration under penalty of perjury and particularly describing the place to be searched and the persons or things to be seized.

  2. The right of the people to be secure against unreasonable interception of telephone, and other means of communication, and against unreasonable interception of oral and other communications by electric or electronic methods, shall not be violated, and no orders and warrants for such interceptions shall issue but upon probable cause supported by affirmation or declaration under penalty of perjury that evidence of crime may be thus obtained, and particularly identifying the means of communication and the person or persons whose communications are to be intercepted.

  3. Evidence obtained in violation of this section shall not be admissible in any court against any person.

11.6 - SELF-INCRIMINATION

No person shall be compelled to give testimony which might tend to incriminate them.

11.7 - WRIT OF HABEAS CORPUS

The right of the writ of habeas corpus shall not be suspended.

Any person may submit a petition for a writ of habeas corpus which must in all cases be complied with within 24 hours regardless of the time of day or night the petitioner submits the request. Failure to comply within this time period shall result in the person's release from detainment.

No court may dismiss the petition, and has the duty to immediately put an end to any illegal detainment.

Any court not undertaking this level of care shall incur the corresponding criminal and administrative liability. Any person found to have ordered or participated in illegal detainment, conceals a person, or who in any other way violates this guarantee shall be guilty of the offense of illegal detention.

11.8 - RIGHTS OF ACCUSED PERSONS

  1. In all criminal prosecutions the accused shall enjoy the right to a speedy, public, and fair and impartial trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses and evidence against them, to have compulsory process for obtaining witnesses and evidence in their favor, to have the assistance of counsel for their defense, and to the assignment of counsel to represent them at every stage of the proceedings unless they elect to proceed without counsel or is able to obtain counsel. The accused shall also enjoy the right to defend themselves in trial by an impartial jury of twelve citizens chosen at random from all citizens of voting age. A guilty verdict from the jury must be unanimous. If convicted, the accused is subject to the penalties provided by law.

The trial shall be in a language the accused understands or, if not, an interpreter shall be provided at no cost to them.

  1. All persons shall, before conviction, be bailable by sufficient sureties, but bail may be denied when there are reasonable grounds for believing the person will not appear in court, giving due weight to the evidence and to the nature and circumstances of the event. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.

  2. Criminal offenses may only be established by law through the legislative body. No person may be punished by laws enacted ex post facto, nor where no law existed at the time (nulla poena sine lege), nor for a higher penalty than existed at the time.

  3. No person shall be twice put in jeopardy for the same offense.

  4. Capital and corporal punishment shall be prohibited.

  5. No person shall be imprisoned or detained for debt.

In all trials the accused shall be considered innocent until proven guilty.

In the case of illegal or ultra-vires or mala fide actions or false imprisonment, arrest, or judicial error the right of redress is guaranteed.

11.9 - RIGHT OF REPUTATION

Everyone has the right to be free from insults or attacks on their honor and reputation through libelous or slanderous actions.

11.10 - TRANSFER OF PROPERTY; RIGHT OF TESTATE

Everyone has the right to transfer their property while living, and to make a will or testament to transfer propery after death. No one may be forced against their will to leave their estate to another person. The exercise of the right of testate does not prevent the exercise of other rights.

11.11 - POLITICAL TESTS FOR PUBLIC OFFICE

No oath, declaration or political test shall be required for any public office or employment other than the following oath or affirmation: "I do solemnly affirm that I will support and defend the Constitution and that I will faithfully discharge the duties of the office of which I am about to enter to the best of my ability."

11.12 - HUMAN RIGHTS COMMISSION

The UN Human Rights Committee and the Committee on Economic, Social and Cultural Rights shall monitor human rights. The state shall coordinate with and take direction from them as needed.

12 - INTERNATIONAL

International laws, treaties, and agreements are directly binding and superior to ordinary law. In any conflict between international laws, treaties, and agreements and this Constitution, this Constitution shall prevail.

13 - DUTY TO PAY TAXES

Citizens are liable for payment of taxes levied, unless otherwise exempted by law. Taxes collected from citizens shall be used solely for the benefit of the citizenry and are not subject to appropriation by any other authority.

14 - CITIZENSHIP

Only a natural person may be a citizen and not, by way of example, a corporation, partnership, joint venture, association, limited liability company, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof. Non-Citizen means any natural person other than a Citizen.

14.1 - NATURALIZATION

The legislative body shall promulgate rules governing naturalization.

14.2 - AUTOMATIC CITIZENSHIP

Children born in the state automatically acquire citizenship at birth if:

  1. At least one parent is a citizen that
    1. was also born in the state (double jus soli); or
    2. has lived in the state for at least 5 consecutive years prior to the birth
    3. If neither A nor B are met citizenship may be automatically granted to the child:
      • Between the ages of 13 and 15 upon request of the child's parents; if the child has been a resident of the state continuously since age 8.
      • Between the ages of 16 and 18 upon request by the child directly; if the child has been a resident of the state for at least 5 years since since age 11.
  2. The parents are unknown or stateless; or
  3. The parents are non-citizens and neither of the parents' countr(y)/-ies of origin allow citizenship to be transferred to the child

Children born outside the state automatically acquire citizenship at birth if at least one parent is a citizen that has maintained cultural, professional, economic connections with the state. Evidence of such connections shall include: - Maintaining an active passport; and - Keeping up on required tax payments; and - Participation in all required voting and other such activities; and - Promptly reports the birth to obtain citizenship documents within 60 days of birth

14.3 - DEPRIVATION OF CITIZENSHIP

A Citizen is entitled to the full rights of citizenship and no religious or political activities of the Citizen, or the lack thereof, or the private and personal life of a Citizen shall constitute grounds for any termination or deprivation of Citizenship, unless such termination or deprivation is based on conviction by due process of law for treason, felony, or other high crime; or at the citizen's request.

14.4 - PROTECTION AGAINST REMOVAL

No citizen may be removed from the state, such as through extradition, expulsion, deportation, or other means, without their consent.

15 - OPEN AND TRANSPARENT GOVERNMENT

Citizens shall enjoy an open and transparent government. Its governmental processes, records, and expenditures will be subject to full disclosure to the citizens at all times unless it's determined to violate privacy or raise national security concerns.

16 - ENVIRONMENT

It is the duty of the state and the people to protect, conserve and restore the environment and natural resources of the state as an integral part of our national heritage. The state shall provide the opportunity for all citizens to enjoy clean air, water, and soil necessary for their health and well-being. Citizens have the right to use these natural resources under reasonable and sustainable conditions.

17 - COPYRIGHT, THE ARTS AND SCIENCES

The Free Software Definition and the Definition of Free Cultural Works are incorporated into and made a part of this Constitution by reference and shall be deemed to have the same force and effect as if set forth in full herein.

All human knowledge, wisdom, and works of authorship are the common property of everyone. The freedoms described in the Free Software Definition and the Definition of Free Cultural Works are recognized as an essential component of human knowledge and culture and are necessary to foster creativity and innovation.

Laws such as copyright, but also other laws, are commonly used to restrict the public's natural rights. The Free Software Movement and the Free Culture Movement fight to preserve these rights. The state has a duty to support these movements so that the rights of the public as to the freedoms contained within the Free Software Definition and the Definition of Free Cultural Works are guaranteed.

To that end, the state shall not recognize copyright, or any other such law, that would work undermine these principles.

Certain types of licenses, called "copyleft" licenses, require the existence of copyright so as to function properly and fill their intended role. Copyright may be made available only to works meeting the criteria in the Free Software Definition and the Definition of Free Cultural Works. All other such works shall not be eligible for copyrightability.

18 - FINANCE

No debt shall be contracted by or in behalf of the state unless such debt shall be authorized by law for projects or objects distinctly specified therein.

18.1 - EXPENDITURE OF MONEY

  1. No money shall be withdrawn from the treasury except in accordance with appropriations made by law, nor shall any obligation for the payment of money be incurred except as authorized by law. The appropriation for each department, office or agency of the state, for which appropriation is made, shall be for a specific sum of money and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof.

  2. All state and local expenditures, including salaries, shall be matters of public record.