Constitution of the United States of Oceanesia/Text

[Preamble] We the People of the United States of Oceanesia, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, ensure Progress and Prosperity, establish a just and egalitarian society, cement the Union into one indissoluble federation, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of Oceanesia.

Article I: The Union
The United States of Oceanesia is constituted as a federation and a constitutional republic on Planet Earth. English shall be the official national language of the Union. This Constitution is the supreme law of the United States of Oceanesia.

Section 1: Investment of Legislative Power
The federal legislative powers of the union are hereby invested in a Congress, consisting of a Senate and a House of Representatives.

Section 2: House of Representatives
Each State and the federal district shall receive a number of seats in the House of Representatives proportional to their population as determined by a national census held at least every 5 years. The total number of seats in the House of Representatives shall be decided by the House itself through a four-fifths majority vote of all Representatives. Until such a time that such a decision is made there shall be one seat per 100,000 citizens in the union. Regardless of the population of any State or the Federal District, every state and the federal district shall be entitled to at least one Representative. Each Representative shall be elected from one district by the people therein. Each district shall have an approximately equal number of citizens within it. The boundaries of the House of Representatives districts within each State (and the federal district) shall be decided by legislatures of the states and the federal district. Each manifestation of the House of Representatives shall last the term of one year. Representatives shall be elected every year on the 5th of June. The terms of newly-elected Representatives shall begin four days following the election, on the 8th of June. The House of Representatives shall elect a Speaker to preside over its proceedings by the vote of a simple majority of the whole House. The Speaker shall not vote on any matter other than to cast a deciding vote in case of a tie in any House vote.

Section 3: The Senate
Each state shall receive an equal number of seats in the Senate – three per state. The Federal District shall be entitled to two Senators. Senators from each State and the Federal District shall be elected by their state (or federal district) legislature, every three years, on the 5th of June. Each Senatorial term shall last three years and begin on the 8th of June every three years. The Senate shall be presided over by the Vice President of the United States of Oceanesia who shall also be the President of the Senate. The Vice President shall have a casting vote in the case of a tie in any vote in the Senate.

Section 4: Clauses applying to both chambers
No person who is the citizen or subject of a foreign power may be a member of Congress. Both the Senate and the House of Representatives must meet at least twice annually at the same time.

Section 5: Legislative Process
Each House may set its own rules, including a quorum, by a vote of a majority of all members of the House. No bill may be voted upon without the existence of the set quorum in each House. For a bill to become law it must be passed with the same wording by both Houses and be signed into law by the President of the United States of Oceanesia, If the President shall veto a law then Congress may override that veto by a two-thirds majority in both chambers. If the President neither signs nor vetoes the law then the law will be automatically enacted following the passage of 10 days. If at any time a vacancy shall arise in any seat in the Senate or the House, for the Senate the State (or federal district) legislature shall fill than vacancy as soon as possible, for the House there shall be held a by-election in the said district to elect a new Representative; and whenever new States are admitted to the federation by-elections for Representatives and Senatorial ballots shall be held and Senators and Representatives for the new State shall take their seats immediately thereafter, but those Representatives and Senators shall not affect the election cycles of the Senate and the House but shall only continue in office so as long as the current manifestation of the House of Representatives or Senate shall continue.

Section 6: Legislative powers of Congress
Congress shall have the power to make laws and establish regulations and do all things necessary to:
 * Regulate commerce with foreign states and among the Oceanesian states.
 * Establish a uniform rule of naturalization for Oceanesian citizenship.
 * Provide for the defence of the nation; and establish, maintain, and regulate military forces.
 * Lay and collect federal taxes, duties, imposts and excises.
 * Establish, print, and coin Money, and regulate the value thereof and of foreign currency.
 * Regulate immigration into the United States of Oceanesia.
 * To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
 * To constitute Tribunals and other federal Courts under the Supreme Court of the United States of Oceanesia.
 * To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
 * To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
 * Establish, maintain, and regulate a Federal police force to enforce federal laws.
 * Enact laws in respect to the management of the national economy.
 * Establish Post Offices, post Roads, and maintain infrastructures of national importance.
 * To exercise the power of a legislative and executive veto over all legislative and executive decisions of the Federal District.
 * To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States of Oceanesia, or in any Department or Officer thereof.

Section 1: Investment of Executive Power
The federal executive powers of the union are hereby invested in a President of the United States of Oceanesia. The Vice President of the United States of Oceanesia shall act as a deputy to the President. The President shall be advised on the execution of executive powers by a Cabinet consisting of a Chancellor and Secretaries. The President and the Congress shall have the power to devolve executive power to other executive officials, and undo such devolution, as they see fit.

Section 2: Election of the President and Vice President
The President and Vice President shall be elected jointly by a College of Electors, with an election for those offices held every 2 years. Each presidential and vice-presidential term shall last 2 years. Any individual may only serve a maximum of 3 terms as President. Any person who is citizen of the United States of Oceanesia of voting age may be elected to the offices of President and Vice President, but only a person who has been exclusively a citizen of the United States of Oceanesia for the past 10 years, as a well as having been resident in United States of Oceanesia for the past 15 years, may be elected to those offices. No person who is the citizen or subject of a foreign power is eligible to become or be President or Vice President. The President and Vice President shall be elected on one ticket, both individuals having consented to having their names joined and presented to the Electoral College. Any ticket must receive a majority of votes in the Electoral College to win. The Electoral College shall consist of a number of electors for each State and the federal district equivalent to the total number of Senators and Representatives that the said State (or the federal district) has in Congress. A popular vote shall be held in every state and the federal district to determine the winning ticket of each state and the federal district. All electors from each State (and the federal district) shall cast their Electoral College vote for the winning ticket of the popular vote in their respective State (or the federal district). The exact manner in which Electors of each State and the federal district shall be appointed shall be prescribed by the legislatures of the States and the federal district, but Congress shall have the power to ensure uniformity of regulations as well as voting standards in all federal elections. All Electors shall gather together in a place in the Federal capital as designated by Congress and cast their votes in manner and way they are required to, on the 7th of June. Afterwards, on the following day, the House of Representatives shall certify all Electoral votes and declare the winning ticket. If no ticket receives a majority of votes in the Electoral College then the House of Representatives elected on the 5th of June of the same year shall convene on the 8th of June to elect the President and Vice President, jointly, via ballot. They shall take into consideration the ticket which won the most of the national popular vote in the presidential election and vote for that ticket. The inaugurations for the president and vice president, and hence the beginning of new terms, shall occur on the 10th of June, every two years. The new terms shall begin when it is Noon in the federal capital.

Section 3: Succession and Oath
In the case of the vacating from office of the President for any reason, the Vice President shall succeed to the office of President of the United States of Oceanesia, and the Speaker of the House of Representatives shall in turn succeed to the office of Vice President of the United States of Oceanesia. Congress shall decide a line of succession of officials for the case of the vacating from office of both. Before the President shall enter on the Execution of Presidency, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States of Oceanesia, I will well and truly serve the United States of Oceanesia and all of her people, and will to the very best of my Ability, preserve, protect, uphold, and defend the Constitution of the United States of Oceanesia."

Section 4: Powers of the President and Vice President
The President shall be Commander in Chief of the Military of the United States of Oceanesia, and of the Militia of the several States, when called into the actual Service of these united States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the nation, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate (that is, of a majority of all Senators present), shall appoint Ambassadors, other public Ministers and Consuls, Justices of the Supreme Court, and all other Officers of the United States of Oceanesia, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States of Oceanesia.

Section 4: Chancellor and Heads of Department
There shall be a Chancellor of the United States of Oceanesia, and Secretaries to head each executive Department – these officials shall, with the President’s consent, formulate executive policies, with the powers given to them as specified by Congress. The Chancellor and Secretaries shall be appointed by the President and shall hold office at the pleasure of the House of Representatives, and may not continue in office if they lose the confidence of the House.

Section 1: Investment of Judicial Power
The judicial Power of the federation shall be vested in a Supreme Court of the United States of Oceanesia and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2: Jurisdiction
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States of Oceanesia, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3: Treason
Treason against the United States of Oceanesia shall consist only in levying War against the nation, or in adhering to the Nation’s Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession, not forced, in open Court. The Congress shall have Power to declare the Punishment of Treason, but within reasonable limits as may be in a modern progressive egalitarian democracy.

Article V: Government in the Federation
The Federal Government – executive and legislative – of the United States of Oceanesia shall have all powers granted to it in this Constitution. All others powers are retained by the States and the People. Congress shall have the power to decide on the powers which the Federal District is entitled to exercise, other than those already granted in this Constitution. There shall also be, within each State, Local governments, which shall have the powers granted to them by their respective States; but every State is required to allow and give reasonable local governance powers to Local governments. No person may hold office in more than branch of government in more than one level of government at the same time, unless necessary by law or practicality (such as the members of the Federal Cabinet having seats in the federal House of Representatives), or if they have been given permission by Court. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the Effect thereof. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. The United States of Oceanesia shall guarantee to every State in this Union a Republican, Democratic, Egalitarian, and Free Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Article VI: New States
New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The People in the State being admitted shall be presented by referendum the opportunity to ratify this Constitution in regards to the prospective new State and approve of accession to the Union, and only then shall a new State be considered to have been properly admitted. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States of Oceanesia; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States of Oceanesia, or of any particular State.

Article VII: Citizenship
All persons born (without attainting the citizenship of a foreign nation at birth) or naturalized in the United States of Oceanesia, and subject to the jurisdiction thereof, are automatically citizens of the United States of Oceanesia and of the State wherein they reside. All persons who have previously ever been, with reasonable evidence, a citizen of any State of the federation, and who has not the citizenship of a foreign power, are or are eligible to be, citizens of the United States of Oceanesia. No person may be deprived of Oceanesian citizenship, nor shall any person who is eligible to be a citizen of the United States of Oceanesia be denied citizenship. Each State shall have the power, within a reasonable limit, to regulate and control immigration into the State, but Congress may set reasonable limits on such power.

Section 1: About Article Eight
This Article guarantees the rights and freedoms set out in Sections 2, 3 and 4 to all citizens of Oceanesia, and is subject to only such reasonable limits prescribed by law or by the Courts, as can be demonstrably justified in a free, democratic, and civilized society. When interpreting this Article, the Courts shall take into account the living nature of this document. Furthermore, the enumeration of certain Rights and Freedoms within this article shall not be construed to deny or disparage others retained by the people.

Section 2: Fundamental Freedoms
[1] Freedom of conscience and religion. [2] Freedom of Speech, thought, belief, opinion and expression, including freedom of the press and other media of communication. [3] Freedom to peaceably assemble. [4] Freedom of association.

Section 3: Fundamental Rights
[1] Right to Life. [2] Right to Liberty. [3] Right to Security of the Person. [4] Right to not be deprived of any Rights or Freedoms which are deprivable, except in accordance with the principles of fundamental justice. [5] Right to be free from cruel and unusual treatment or punishment. [6] Right to be free from physical, physiological, and mental harm and injury. [7] Right to be free from slavery. [8] Right to be free from involuntary servitude. [9] Right to enjoy Equal Protection under the law. [10] Right to be free from being discriminated against on the basis of colour, race, gender, sexual orientation, gender identity, ethnicity, religion, national origin, etc. [11] Right to Due Process of Law in Court. [12] Right to privacy.

Section 4: Other Rights
[1] Right to vote, and not be denied this right on the basis of any of the traits/characteristics listed in Section 3, Clause 10 of this Article; and no citizen may be denied the right to vote if above the age of 16. [2] Right to petition the government. [3] Right to move freely in, around, and out of the United States of Oceanesia. [4] Right not be arbitrarily detained or imprisoned. [5] Right to be free from forced Self-Incrimination. [6] Right to fundamental dignities, as may be considered to be in an egalitarian, free, and civilized society. [7] Right to Proper Shelter, Food, Education, and Well-Being. [8] Right to be protected by the power of the United States of Oceanesia wherever they may be.

Section 5: Inalienable Rights and Freedoms
Some Rights and Freedoms may be deprived of through fair and just trial in Court, and also through the declaration of a State of Emergency. However, the following Rights and Freedoms are inalienable: Section 2, Clause [1] and Section 3, Clauses [1], [3], [4], [5], [6], [7], [9], [10], [11] and Section 4, Clause [6].

Section 6: Rights and Freedoms of Non-Citizens
Any person in the United States of Oceanesia who is not a citizen of Oceanesia has all the Rights and Freedoms granted in Sections 2, 3, and 4, provided they have not been deprived of them by the Courts or provided that there is no State of Emergency in effect, but shall not have the rights granted in Section 3, Clause [9] and Section 4, Clauses [1], [2], [7], [8] which are exclusively for citizens of Oceanesia.

Section 7: Rights of All Sapient Beings
All sentient species who have been reasonably proven to be sapient, who are not citizens of the United States of Oceanesia, shall have the rights granted in Section 3, Clauses [1], [2], [5], [6], and [7], to a reasonable limit as prescribed by Congress.

Article IX: Amendments
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, which shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three-fourths of the several States; Provided that no Amendment may be made which affects Article I or VII, or removes any part of Article VIII, without the approval at a national referendum of a majority of voters across the United States of Oceanesia and a majority of voters in a three-fifths majority of States; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate (or the federal district of its two Senator Suffrage in the Senate).

Section 1: Impeachments
The President, Vice President, and all civil Officers of the United States of Oceanesia, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanours. Congress may make any impeachments with a three-fifths majority in the House of Representatives, and convictions with a two-thirds majority in the Senate. Congress may not go further than the removal of and the barring from office of an individual, but the Courts further may act on any charges as provided under the Law.

Section 2: Interpretation
The male pronoun is used throughout this Constitution exclusively as a gender-neutral pronoun and all of the provisions of this Constitution apply equally to all persons regardless of gender or gender identity, whether male, female, or otherwise. This Constitution may be interpreted as a living document.

Section 3: The Supreme Law
This Constitution, and the Laws of the United States of Oceanesia which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States of Oceanesia, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, as well as any other public official of any kind, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States of Oceanesia. No person who is the citizen or subject of a foreign power is eligible to hold any office, executive, legislative, or judicial, at federal level.

Temporary Provisions
The Ratification of the Legislatures or Conventions of three-fourths of the States shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. This Constitution may only be ratified in its whole. All Engagements and Treaties entered into, before the Adoption of this Constitution, shall be as valid in the United States Oceanesia under this Constitution, as under the Confederation. Until so as time as this Constitution is submitted by Intercontinental Congress for ratification by the States and three-fourths of the States ratify it, the Intercontinental Congress shall continue to hold the supreme executive, legislative, and judicial power of the United States of Oceanesia. These Temporary Provisions shall automatically expire upon the entry into office of the first President, Vice President, Cabinet, Senators and Representatives, and other federal officers, of the United States of Oceanesia under this Constitution.

---April 6th 2012, in the First Year of the Union of the United States of Oceanesia---