Articles of Federation

Articles of Federation – Artículos de Federación Iberian Constitution of 2007

Preamble
The Iberian people stand before the world as the epitome of unity and faith, both in humanity and in deity. We, the people of the Federacion, hereby pledge ourselves, our lives, and our sacred honor to this task of preserving and enhancing the rights and liberties which are the absolute entitlement of humanity. In this spirit, we hereby enact the following Articles of Federation, which shall hereafter be referred to as the Constitution.

Article 1 – National Name
The Nation formed under this Constitution shall be officially named the Federacion Iberiana. The acceptable shorter term shall be the Federacion. Instances which require translation into English shall use the term Iberian Federation.

Article 2 – National Language
The official languages of the Federacion shall consist of Spanish, Euskadi, and English. Any government documents or pronouncements shall be made available to the general population of the Federacion in all of these tongues or said instrument shall be considered null and void. Those instruments which shall be made or introduced into the international community may be released in English alone without penalty.

Article 3 – Form of the Government
The Government of the Federacion shall have a Federal structure, with sovereignty granted to both the National Government and those of the several States. The National Government shall also be of a liberal democratic character, and shall consist of a National Assembly and a Supreme Judicial Court. The Executive functions of the National Government shall be carried out by a President, who shall be chosen from the National Assembly.

Article 4 – The National Assembly
The National Assembly shall consist of five Delegates from each of the several States. These Delegates shall be elected by the electoral system delineated in later Articles of this Constitution. The Assembly shall have the power to choose the President, shall make up the pool of candidates from which said President may select his Cabinet, and shall determine the Budget for each two-year Fiscal Period. Delegates shall serve at default for a period of three years, with one-third of the Assembly being elected each year, excepting in instances of a popular recall vote, as provided in later Articles of this Constitution.

Article 5 – Powers of the National Assembly
Beyond those powers treated in Article 4 of this Constitution, the National Assembly shall have the power to promulgate and enact all legislation which shall be necessary for the effective governance of the people, except as specifically delineated in this Constitution and Amendments to the same. This shall include, but shall not be limited to, the power to raise and maintain a military, to declare war and conclude peace, to coin and evaluate currency, to provide for the protection of intellectual property, to provide for the preservation and enhancement of the arts and humanities, to levy taxes, to advise the President with regards to Foreign Policy, to seat Justices of the Peace, and to propose Amendments to this Constitution as provided in later Articles of the same.

Article 6 – Requirements for the National Assembly
Delegates to the National Assembly shall have attained thirty years of age, shall be native or naturalized citizens of the Federacion for not less than fifteen years, and shall have resided within the territory of the Federacion not less than twelve years. Delegates shall have no outstanding Warrants for their Arrest, nor shall any Delegate be seated who is currently under criminal sentence.

Article 7 – The President
The President shall be elected from among the Delegates of the National Assembly by the same. The President shall serve a term of three years, or one elective cycle, excepting in instances of a popular recall vote, as provided in later Articles of this Constitution. The President shall choose a Cabinet from the Delegates of the Assembly, and may require of them a written evaluation of policy. The Executive Power shall rest with the President, who shall be empowered to act upon the laws promulgated by the National Assembly. The President shall be the Commander in Chief of all military forces of the Federacion, and shall have the authority to conduct wars once a Declaration of War is made by the Assembly. The President shall have the power to propose Amendments to the Constitution and other legislation, but shall not have the power to call votes or to vote in the National Assembly. The President shall have the power to appoint Justices of the Peace, and shall have the power to promulgate Foreign Policy for the Federacion.

Article 8 – Requirements for the Presidency
The President shall meet all requirements for eligibility as a Delegate to the National Assembly, and shall have no other requirements imposed thereupon.

Article 9 – The Cabinet
The Cabinet shall be appointed by the President from the National Assembly. The Cabinet shall consist of the following Ministers, who shall be the heads of their respective Ministries: The Minister of Foreign Affairs, the Minister of Defense, the Minister of Justice, the Minister of Education, the Minister of Energy, the Minister of Finance, and the Minister of Internal Affairs.

Article 10 – Requirements for the Cabinet
Ministers of the Cabinet shall meet all requirements for eligibility as a Delegate to the National Assembly, and shall have no other requirements imposed thereupon.

Article 11 – Order of Succession to the Presidency
The Order of Succession to the Presidency in case of death or incapacitation shall be as follows: First, shall the Minister of Foreign Affairs assume the office, secondly the Minister of Defense, and thereafter the Ministers of Justice, Education, Energy, Finance, and Internal Affairs shall take on the title of President. This succession is only binding until such time as popular elections may be reasonably initiated. Also, given the nature of those incidents which might incapacitate or otherwise remove the President from office, one of the Ministers included in this listing shall always remain at a separate location from the President in order to prevent the entirety of this Order of Succession from being eliminated.

Article 12 – The Ministry of Foreign Affairs
The Minister of Foreign Affairs shall appoint and direct such Diplomats as are deemed necessary by the President in accordance with the Foreign Policy of the Federacion, and shall create such administrative and support organizations as shall be necessary for the execution of Foreign Policy. The Minister of Foreign Affairs shall also be the head of the Intelligence Services of the Federacion, and shall be charged with the administration thereof.

Article 13 – The Ministry of Defense
The Minister of Defense shall be advised by the Force Chiefs of the Military Forces and shall provide such advice as is deemed proper to the President. The Minister of Defense shall also be charged with the administration and support of the Military Forces, and shall be empowered to create such civilian organizations as shall be necessary to effect those ends.

Article 14 – The Military Forces
The Military Forces shall consist of an Army, an Air Force, a Navy, and a Missile Corps. These Forces shall each be commanded by the Commissioned Officer of highest rank and seniority in each Force. These Force Chiefs shall render advice to both the President and the Minister of Defense as needed, and shall generally see to the operations of their respective Forces.

Article 15 – Requirements for the Military Force Chiefs
The Military Force Chiefs shall be not less than thirty-five years of age, shall have attained a rank not less than Lieutenant General or its equivalent, shall have served a minimum of fifteen years within the Force of which that individual is to be Chief, and shall be the highest-ranking commissioned officer of that Force. In instances where two or more Commissioned Officers are of equally high rank, time in rank shall be used as a differentiating tool. Furthermore, should the individual chosen by this method be objected to by more than two other Force Chiefs, the Minister of Defense, or the National Assembly in a majority vote, another individual may be selected by the President using alternative criteria.

Article 16 – Requirements for Military Service
Those Citizens wishing to enter the Military Service of the Federacion must have attained twenty years of age, shall be reasonably physically fit, and shall meet such conditions as shall be imposed by the Military Forces, the Ministry of Defense, and the National Assembly.

Article 17 – Conscription into Military Service
During times of declared war, the President may, with the concurrence of a majority of the National Assembly, initiate the conscription of all citizens who are eligible for service under Article 16 of this Constitution, are not more than thirty years old, are not currently enrolled in an institution of higher education, and are not otherwise in the service of the Federacion.

Article 18 – The Ministry of Justice
The Minister of Justice shall be the overseer of both the Prosecutorial Section and the National Police. The Ministry shall be tasked with preserving the rule of law within the Federacion by legal means, and with building such an organization as shall be required for the carrying out of this tasking.

Article 19 – The National Police
The National Police shall be headed by the Chief of National Police appointed by the President from among their ranks. The National Police shall be charged with enforcing those laws which the National Assembly shall promulgate, as well as assisting State and local law enforcement agencies in the pursuit and apprehension of suspected criminals.

Article 20 – Requirements for the Chief of National Police
The Chief of National Police shall be not less than thirty-five years of age, shall have attained a rank not less than Commander or its equivalent, shall have served a minimum of fifteen years within the National Police, and shall be the highest-ranking commissioned officer of the National Police. In instances where two or more Commissioned Officers are of equally high rank, time in rank shall be used as a differentiating tool. Furthermore, should the individual chosen by this method be objected to by the Prosecutor General, the Minister of Justice, or the National Assembly in a majority vote, another individual may be selected by the President using alternative criteria.

Article 21 – Requirements for the Prosecutor General
The Prosecutor General shall be not less than thirty-five years of age, shall have been admitted to the bar of not less than two-thirds of the States, shall have argued not less than three cases before the Supreme Judicial Court prior to appointment, shall be fluent in all three of the official languages of the Federacion, and shall have served not less than five years as a National Prosecutor. Should the Chief of National Police, the Minister of Justice, or the National Assembly in a majority vote object to an individual’s appointment, another individual may be selected by the President using alternative criteria.

Article 22 – The Ministry of Education
The Ministry of Education shall consist of the Minister of Education, the Superintendents of the several School Boards, the Presidents of those institutions of higher education with campuses within the Federacion, and those administrative and oversight personnel as shall be deemed necessary for the efficient maintenance and promotion of education within the Federacion.

Article 23 – The Ministry of Energy
The Ministry of Energy shall be charged with supplying both electrical energy and fuels to the Federacion, with the development of energy sources within the Federacion, and with working in conjunction with the Ministry of Foreign Affairs to develop and utilize extraterritorial sources of energy. The Minister of Energy shall define such an organizational structure as shall be necessary for the attainment of these ends, and shall be authorized to employ such personnel and to purchase such equipment as shall be deemed necessary for the fulfillment of this organizational structure.

Article 24 – National Policy with Regards to Alternative Energies
The Federacion shall pursue all viable energy alternatives to petroleum and other fossil fuels, including but not limited to nuclear, solar, wind, and geothermal energies. The development of these energy resources shall be left to the Ministry of Energy.

Article 25 – The Ministry of Finance
The Ministry of Finance shall be charged with the collection of tax revenue as well as the disbursement of said revenue to fulfill the national budget for that fiscal period. The Minister of Finance shall be empowered to enact such an organization as shall be necessary for the completion of this tax.

Article 26 – The Ministry of Internal Affairs
The Ministry of Internal Affairs shall act as a logistical center through which the other Ministries shall coordinate their operations. The Minister of Internal Affairs is authorized to employ the minimum means necessary for smooth coordination of government function.

Article 27 – Requirements for Civil Government Service
Those Individuals wishing to enter Civil Government Service shall be native or naturalized Citizens of the Federacion, shall have attained not less than twenty years of age, shall not have any debilitating mental or physical impediments which would interfere with their employment, and shall meet such qualifications as shall be enacted by the various Ministries.

Article 28 – The Supreme Judicial Court
The Supreme Judicial Court shall consist of five Justices, who shall be appointed by the President and confirmed by the National Assembly and shall serve for life or until resignation. The Court shall treat matters of Constitutional interpretation, disputes involving diversity of citizenship, arbitration of international treaty disputes, and those appeals which have first been decided by lower courts.

Article 29 – Requirements for the Supreme Judicial Court
The Justices of the Supreme Judicial Court shall have reached not less than forty years of age, shall have served as Justices of the Peace in lower courts not less than ten years, and shall be fluent in all three languages of the Federacion.

Article 30 – Electoral Procedure
No person shall be allowed to vote who has not first been granted Citizenship according to the laws of the Federacion, or who has not registered to vote with the relevant State authority. Barring that disqualification, all Citizens who have attained not less than twenty years of age shall be granted the right and privilege of voting in all National, State, and Local Elections. These Elections shall follow the model of majority plus distribution, and so shall require a Candidate or Measure to garner a plurality vote in at least one-half of the sub-State districts for Assembly Elections, and in at least two-thirds of the States in a Popular Recall Vote, in order to win the Election.

Article 31 – Popular Recall Votes
A Popular Recall Vote may be called at any time by the President of National Assembly, by the National Assembly of itself, or by the States of the national Assembly. Such a Vote will by its nature entail a Recall of the President and the Cabinet, and appropriate measures will be taken in this regard. A Popular Recall Vote shall require a two-thirds supermajority in each of three-quarters of the States for passage. This Article and its workings may not be altered or Amended except by Popular Means.

Article 32 – Impeachment
Any Government Official, Elected or Appointed, may be Impeached by the National Assembly as a whole in the event of suspected felonious action. The Articles of Impeachment shall be delivered to the Chief Justice of the Supreme Judicial Court, or in the event of Impeachment of the Chief Justice, the Justice of second-highest seniority, who shall then preside over the Proceedings of Impeachment. The National Assembly as a whole shall act as the Jury for these Proceedings, and a two-thirds supermajority shall be required for Conviction. Said Conviction shall remove the Official in question from Office and said Individual may then be prosecuted for felonious criminal activity.

Article 33 – Taxation
The Ministry of Finance shall collect an Income Tax of thirty percent of all income which is not declared as exempt by that Ministry. Citizens may designate to which Ministry they wish that return to be applied, and should such a designation not be made, that return shall be applied to the general balancing of the National Budget.

Article 34 – National Emergency – Natural Disasters
The President may declare a State of National Emergency in response to or in anticipation of a Natural Disaster in order to better coordinate Federal, State, and Local responses to the event. The National Assembly shall determine the point in time at which reconstruction may reasonably be understood to have commenced, and at that time may end the State of National Emergency.

Article 35 – National Emergency – Wartime
The President may declare a State of National Emergency in response to or in anticipation of a Declaration of War against the Federacion in order to better ready the Military Forces of the Federacion and to prepare the State and Local governmental structures charged with the Public Safety. The National Assembly shall convene not later than one week after the cessation of hostilities, and may at that time end the State of National Emergency, or may vote to continue that State until reconstruction may reasonably be understood to have commenced.

Article 36 – Amendments to the Constitution, as Proposed by the President
The President may propose Amendments to this Constitution. Said Amendment shall be proposed to the National Assembly, where is shall require a three-quarters supermajority in order to pass to the States. Upon passage by the National Assembly, the proposed Amendment shall require the ratification of not less than three-quarters of the States in order to enter into effect.

Article 37 – Amendments to the Constitution, as Proposed by the National Assembly
An Amendment to this Constitution may be proposed by not less than one-half of the Delegates to the National Assembly, and shall require a three-quarters supermajority in order to pass to the States. Upon passage by the National Assembly, the proposed Amendment shall require the ratification of not less than three-quarters of the States in order to enter into effect.

Article 38 – Amendments to the Constitution, as Proposed by Popular Means
A Bloc of not less than one-third of the States may propose an Amendment to this Constitution to the National Assembly, where it shall require a three-quarters supermajority in order to return to the States. Upon passage by the National Assembly, the proposed Amendment shall require the ratification of not less than three-quarters of the States in order to enter into effect. An Amendment initiated by Popular Means is the only Instrument which may alter or Amend Article 31 of this Constitution.

Article 39 – Intra-National Commerce
The National Assembly shall make all laws which shall be necessary for the protection and promotion of intra-national commerce. This shall be construed to mean that no State may make a law in any way prohibiting or interfering with commerce which affects an industry or market beyond the borders of that State.

Article 40 – Prohibited Goods and Services
The National Assembly shall have the power to prohibit the production, possession, and sale of such Goods or Services which present a clear danger to the people of the Federacion.

Article 41 – Right of the Citizens to Bear and Keep Arms
The Citizens of the Federacion shall have the Right to Bear and Keep Weapons of the following types, given proper training, registration, and licensing: Pistols, Revolvers, Rifles, Carbines, Shotguns, and Non-Lethal Weapons.

Article 42 – Right of the Citizens to Communicate Freely
The Citizens of the Federacion shall have the Right to Communicate Freely through means which shall include, but shall not be limited to, the Internet, telephone and telegraph, television, public address, and printed literature.

Article 43 – Right of the Citizens to Protest Actions of the Government
The Citizens of the Federacion shall possess the inherent Right to Protest Actions of the Government through non-violent means. Public demonstrations, marches, speeches, and petitions shall be permitted and shall be taken into serious account by the relevant Government Entity, but riots and demonstrative violence shall be dealt with as criminal behavior.

Article 44 – Right of the Citizens to Practice Religion
No governmental authority shall be construed to have the power to establish a State Religion which all Citizens shall be required to follow, nor shall such authority be construed to have the power to prevent the free exercise of Personal Religion so long as that Religion does not bring harm to other Citizens of the Federacion. This shall not be interpreted as prohibiting the allocation of Governmental Revenue for use by Religious Entities.

Article 45 – National Flag
The flag of the Federacion shall consist of a red field, quartered with the Basque and Spanish flags. The Spanish quarters shall consist of the red field with a horizontal yellow stripe one-third the width of the fly. The Basque quarters shall consist of the red field with a green Cross of St. Andrew surmounted by a white Cross. Centered on this division shall be the Coat of Arms of the Spanish monarchy. Collectively this shall be termed the Iberian Flag, or the National Flag of the Federacion Iberiana.

Article 46 – Passage of this Constitution
These Articles shall require a two-thirds majority in each State which wishes to join the Federacion for passage, and the Constitution as a whole shall come into effect on the date on which the fifteenth State ratifies the whole.

(Entered into effect 3 May 2007)

Amendments to the Articles of Federation Amendment I – Citizenship No person shall be a Citizen of the Federacion who shall not first have been born within the Territory of the Federacion, or who shall not have first resided within the Federacion for a minimum of five years. Further, all Citizens of the Federacion must speak at least one of the official languages of the Federacion. No Citizen may hold allegiance to any other Nation, and no person may become a Citizen who has served in the Military of a Nation hostile to the Federacion without first renouncing the act of taking up arms against the Federacion. Amendment II – Alliance Legislation The Federacion shall henceforth be considered a member of the North Atlantic Defense Coalition, and shall be subject to all the laws and obligations thereof. In instances where the National Law of the Federacion conflicts with that of the Coalition, the Alliance Legislation shall take Precedence. Amendment III – Prohibition of Alcohol In accordance with Article 40 of this Constitution, the Production, Sale, and Possession of Alcoholic Beverages intended for consumption outside of Religious Ceremonies is hereby forbidden. Amendment IV – Exceptions to the National Code Exceptions shall be made to the National Code in instances in which a Religious Law may be utilized by a Local Community when limited solely to the Practitioners of that Religious Tradition. Amendment V – Repeal of Prohibition of Alcohol Amendment III to this Constitution is hereby repealed and shall be regarded as null and void. Amendment VI – Duality of Offices Held The Government Officials of the Federacion are empowered, and are in fact encouraged, to seek and hold Office within the North Atlantic Defense Coalition. However, said Officials may not hold multiple Offices within the Governments of the Federacion and its States. Amendment VII – Modifies Article 8 The President shall meet all requirements necessary for election into the National Assembly, and shall further have served as a Commissioned Officer in either the Military Forces or in the National Police, or shall have served as a National Prosecutor, for not less than three years in order to be eligible. As a further requirement, the President shall be fluent in not less than two of the official languages of the Federacion. Amendment VIII – Modifies Article 10 Ministers of the Cabinet shall meet all requirements necessary for election to the Presidency, and shall further have not less than three years’ accrued seniority within the Ministry of which they are to be appointed Minister. This shall not be enforced for the inaugural Minister of each Ministry, and subsequent Ministers-candidate may fulfill this requirement through Legislative liaison with the Ministry in question. Amendment IX – Modifies Article 15 The Military Force Chiefs shall be not less than forty years of age, shall have attained a rank not less than General or its equivalent, shall have served a minimum of fifteen years within the Force of which that individual is to be Chief, and shall be the highest-ranking commissioned officer of that Force. In instances where two or more Commissioned Officers are of equally high rank, time in rank shall be used as a differentiating tool. Furthermore, should the individual chosen by this method be objected to by three or more other Force Chiefs, the Minister of Defense, or the National Assembly in a majority vote, another individual may be selected by the President using alternative criteria. Amendment X – Identities of Cabinet Ministers The physical security of Cabinet Ministers being paramount, those Ministers who do not wish that their names or identities be released to the public shall not be required to do so. In the event that a Minister shall avail him or herself of this option, any releases or dispatches from that Minister shall be attributed either directly to the President or to the Ministry represented by the Minister in question. Amendment XI – Labor Policies The National Assembly shall be empowered to enact such legislation as shall be necessary to ensure the health and well-being of the working Citizens of the Federacion. This shall include, but shall not be limited to, a minimum wage, a maximum number of working hours allowed, restrictions on child and unpaid labor, and social welfare programs with an aim toward incorporating the unemployed into greater society. Amendment XII – Modifies Article 21 The Prosecutor General shall be not less than forty years of age, shall have been admitted to the bar of not less than three-quarters of the States, shall have argued not less than three cases before the Supreme Judicial Court prior to appointment, shall be fluent in all three of the official languages of the Federacion, and shall have served not less than five years as a National Prosecutor. The Prosecutor General shall not hold at the time of appointment any elective office within the Federacion, nor shall the Prosecutor General hold any appointed office other than that of Prosecutor. Should the Chief of National Police, the Minister of Justice, or the National Assembly in a majority vote object to an individual’s appointment, another individual may be selected by the President using alternative criteria. Amendment XIII – Modifies Article 45 The Flag of the Federacion shall consist of a quartered field, blue and red, with a white Cross forming the division. Centered upon this field shall be the Coat of Arms of spaero2011, which are blazoned as follows: Per pale, Azure, a Petrine Cross Argent, Gules. Collectively, this shall be termed the Iberian Flag, or the National Flag of the Federacion Iberiana, and shall be flown in all domestic circumstances and those international instances which are not military in nature. Amendment XIV – Modifies Article 45 The Ensign of the Federacion shall consist of a blue field surmounted by a white Cross. Centered upon this field shall be the Insigne of the North Atlantic Defense Coalition in white. Collectively, this shall be termed the Iberian Ensign, or the National Ensign of the Federacion Iberiana, and shall be flown in any circumstances in which the military forces of the Federacion are acting in support of or in concert with those of the Coalition.