The Constitution of the Fourth Republic
From The Kodiak Republic Wiki
Preamble: We, the people of the most serene and democratic Republic of Kodiak, do hereby accept and exalt these as the ruling documents of our society. For the furtherance of democracy and brotherhood, for community and honor, we stand united beneath these timeless and immortal principles of duty with love to a community whose work goes on, whose hope still lives, and whose dream shall never die.
11 September 2009
Article One: Legislative Branch
Section One: Composition
The Legislative Power shall be vested in a General Assembly, which shall consist of all citizens of the Republic. The Assembly shall have the power to pass by majority vote edict concerning any area of the Republic, and all treaties, declarations of war, or similar pursuits must be approved by a majority of its membership before going into effect. The Assembly shall make its own rules of order.
The leader of the General Assembly, who shall moderate discussion and manage the legislative process, shall be the Chancellor of the General Assembly, who shall be appointed to one-month terms by the President of the Republic.
Section Two: Legislative Process
The General Assembly shall pass edicts that shall form Codes of Law, organized by the President and Chief Justice, that shall form the basis of statutory law in the Kodiak Republic. Any member of the Assembly may offer a proposal, and all proposals shall receive due consideration. The Assembly may pass edicts by a majority vote after no less than forty-eight hours consideration by the membership, and once passed, an edict shall go to the President for signature.
The President shall have forty-eight hours to veto an edict before it becomes law, or he may sign it, in which case it shall become law immediately. Should the President veto an act, he shall return it to the Assembly with a statement outlining the reasons for his veto. The Assembly may either amend the legislation and offer it back to the President as a new edict, or override the veto. To override, the Assembly must accrue a two-thirds super majority of the vote in favor.
Amendments to this Constitution shall need a two thirds super majority vote, and cannot be vetoed. Amendments also must be considered for a minimum of seventy-two hours.
Article Two: Executive Branch
Section One: The President
The General Assembly shall every three months elect from its ranks and vest the Executive Power in a President of the Republic of Kodiak, who shall be the chief executive officer of the region, and commander in chief of all arms of the defense of the Republic. No person may serve as President who has not been a member of the General Assembly for two months or longer, and no person may serve as President who has served in the two previous terms consecutively.
The President shall have the power to, during a declared state of emergency, issue executive orders which shall have the force of law until the state of emergency is declared over, and shall have the responsibility to ensure that the edicts of the General Assembly made into law are observed and enforced.
The President shall have ultimate authority concerning accepting or denying applications for citizenship.
The President shall each month appoint a cabinet of ministers to best govern the Republic. This cabinet shall be subject to approval by the General Assembly, and shall take office after the General Assembly has approved them; the sitting cabinet shall be considered the official one until the approval vote is over. Should an office become vacant in the cabinet or another part of the government, the President may fill it unilaterally. Should the President see fit, he may dismiss any member of the government, though he must inform the General Assembly as to the reasons in doing so.
The President may be impeached by a two-thirds majority vote of the General Assembly. Should the President leave office in another fashion, the duties and powers of the President shall fall on the Chancellor until the General Assembly convenes to elect a new President.
Section Two: The Cabinet
The cabinet shall consist of members of the General Assembly who are proficient in certain areas. No person shall serve as a member of the cabinet who has not been a member of the Assembly for two weeks or longer. One member of the cabinet shall be the Chancellor, who shall be the chairperson of cabinet meetings and the leader of the government. No person shall serve as Chancellor who has not been a member of the Assembly six weeks without holding office in the Kodiak Republic, or four weeks while having previously held office in the Kodiak Republic.
The General Assembly must approve each minister individually for them to be confirmed, and may dismiss any or the entire body by a majority vote of no confidence.
Article Three: Judicial Branch
Section One: Composition
The Judicial Power shall be vested in a High Court of the Republic, which shall have three members. One member shall be the Chief Justice, who shall be appointed for life by the President, with the approval of two thirds of the General Assembly, and who may only be dismissed by the same margin by the General Assembly, citing inactivity or abuse of power. The other two members shall be Associate Justices, elected to staggered two-month terms. Cases shall be by default presided over by the Chief Justice, though one of the Associates may preside in a necessary situation.
Section Two: Affirmation
All previous decisions of courts of the Republic shall be upheld.
Section Three: Judicial Power
The Judicial Power shall be defined as the power to hear and try cases both civil and criminal, to vet punishment, to issue subpoenas and warrants, to rule on conflicting or vague pieces of legislation, and to rule laws or parts of laws unconstitutional, by which act said laws or parts of laws shall be null and void. The High Court may not rule on law that does not exist, or make binding decrees on areas in which there is no established statute. The Court shall decide on guilt, innocence, punishment, and on opinions of jurisprudence by a majority vote.
The Chief Justice shall swear in all officers upon their appointment or election. Only then may they receive the power of their office, and upon swearing their oath they shall be invested in office.
Article Four: Rights of Citizens
Citizens shall enjoy the right to fair and speedy trials and due process of law, as well as the right not to stand trial twice for the same offense. Citizens shall be presented with warrants before themselves or their property is molested, and shall be confronted with all charges, witnesses, and evidence against them. Citizens shall enjoy the right to free speech, press, and religion, unless such activity is in violation of the InvisionFree terms of service, or of another citizens rights. Citizens shall enjoy the right to property, and limited moderator rights within. Citizens shall enjoy the right to petition their government. Citizens shall enjoy rights not enumerated in this Constitution that shall be considered just and proper; the absence of a right in this Constitution shall not constitute a lack of said right for citizens of the Republic.
I. The General Assembly shall, on a monthly basis, elect from its ranks a Chancellor of the General Assembly of the Kodiak Republic, and shall invest this Chancellor with the authority to moderate and lead the General Assembly according to the rules of the same