Fifth Column Confederation Charter



=The Charter of the Fifth Column Confederation=

We the assembled Representatives of our Sovereign Nations and Peoples do establish this Charter of Confederation, that we may promote our Common Interests, promote Peace and Stability, create a Common Defense against Tyranny from abroad, and promote the benefits of Free Trade which is the only sure way to establish Peace between Nations.

Section 1: Legislative Powers
All legislative powers granted herein shall be vested in the Assembly and Senate.

The Assembly and Senate are granted only the powers to determine Confederation policy in matters between Confederation members and in matters of diplomatic or military concern with external alliances and nations. Intervention in the internal affairs of member nations can only be decided upon at the invitation of said nations.

Section 2: The Assembly
The Assembly shall be 10 seats, to be filled by a vote of the member nations with each member nation having a vote or votes, with the amount of votes for each member to be determined by the strength of that nation according to the following table:

This is in recognition that the more powerful nations carry the larger burden of the Confederation, and thusly have the largest stake in it's proper governance.

The weakest nation of the Confederation shall never have less than 1 vote, nor shall the most powerful nation have more than 5 votes.

Any inflation of strength by purchasing or borrowing military for the sole purpose of gaining more votes before an election shall be grounds for charges to be brought before the High Court. If found guilty the offending nation shall, at the discretion of the High Court, be put on a probationary period or be removed from the Confederation.

Any reduction in strength which occurs as the result of military losses, the transfer of aid, or other noble causes in support of the Confederation as a whole or any of its members or allies, and which brings that member nation's strength to a lower vote count level, shall not be taken to reduce that nation's actual count of votes in the Assembly election process. This is in recognition that those nations which have sacrificed their own well-being for the sake of the Confederation have rightfully earned their place in its governance.

With the growth of the Confederation more Assembly seats shall be added. When the count of member nations reaches 75, the Assembly shall be expanded to 20 seats. When the count of member nations reaches 125, the Assembly shall be expanded to 25 seats. The number of Assembly seats shall not be more than 25.

Assembly elections shall be held every two months, starting on the 15th of the month with the final vote tally being counted on the 21st of that month.

Section 3: The Senate
The Senate shall consist of 5 seats, to be filled by a vote of the member nations, with each member nation having one vote.

With the growth of the Confederation more Senate seats shall be added. When the count of member nations reaches 75, the Senate shall be expanded to 10 seats. When the count of member nations reaches 125, the Senate shall be expanded to 15 seats. The number of Senate seats shall not be more than 15.

Senate elections shall be held every two months, starting on the 1st of that month and with the final vote tally being counted on the 7th of that month.

Section 4: Common Rules and Procedures
The addition of seats to the Assembly and Senate shall be implemented in one of two ways, depending on the situation. It may be implemented starting with the next election for the legislative body in question, if said election is not more than one calendar month from commencing. It shall otherwise be implemented with a special election.

If a seat in the Assembly or Senate should become vacant for any reason, a special election shall be held to fill the vacated seat.

No Assembly or Senate member may at anytime receive any gifts whatsoever for their vote on any subject brought before the legislative body to which they are a member, and the acceptance of such gifts is grounds for removal from office. Any action which would put a member into probationary status is also grounds for removal from office.

The Assembly and Senate may each write their own internal rules of ethical conduct, the violation of which may be grounds for removal from office.

Section 1: Judicial Powers
The High Court is granted the power of providing binding arbitration in disputes between member nations. The decisions of the High Court are final and binding. The High Court can also rule illegal, null, and void any decisions of the Assembly, Senate, or the Directorate that are proven before its bar to be contrary to this Charter.

Any member nation may bring charges against a member of the Assembly or Senate before the High Court, to have that member removed from office, however only a member of the same legislative body may do so when the accusation relates solely to a violation of the internal ethics rules of that legislative body.

Any member nation may bring a case before the High Court.

When elected members are brought before the High Court for removal from office, the High Court shall determine, based on the rules set forth in this Charter, if the charges merit the accused's removal from office and if the accused is guilty beyond a reasonable doubt of those charges. If a determination of guilt is made, the member shall be immediately removed from office. In cases involving the internal ethics rules of a legislative body to which the accused is a member, the High Court may nullify any rule or rules in question, if in its discretion it finds said rule or rules offensive to this Charter.

Section 2: Court Structure
The body of judges composing the High Court are to number five. One judge shall be appointed by the Director. One judge shall be appointed by the Senate. One judge shall be appointed by the Assembly. Two judges shall be elected by the member nations, with the method and timing of the voting process for elected judges being the same as that used in the election of Assembly members.

The appointment and removal of judges by the Director shall be at his or her discretion.

The Assembly and Senate shall write their own bylaws on the process of appointing and removing their respective judges.

Any judge, whether elected or appointed, may be removed from the bench by a 3/5 super-majority vote of the member nations. Voting for such shall be performed by special election upon the request of the general membership via signed petition.

Section 1: Executive Powers
The Directorate is granted the power of enforcing the laws of the Confederation and of directing the Confederate military in times of war.

Section 2: Directorate Structure
The Directorate will be composed of The Director, who will function as the chief executive of the Confederation and Commander in Chief of its forces during times of war, and his or her cabinet, composed of those departments that the Director may choose to create and the following departments:
 * Secretary of State: Chief advisor and official in charge of diplomatic affairs.
 * Secretary of Trade: Chief advisor on matters of trade, inside and outside of the Confederation.
 * Secretary of Science and Technology: Chief advisor on technological and scientific development.
 * Secretary of Defense: Chief advisor and second in command of Confederate military forces and operations.

The Director shall serve a 3 month term. The Director shall serve no more than two terms, nor shall those terms be consecutive.

The Director shall be elected using the same method as used in the election of Assembly members.

Directorate elections shall be held every three months, starting on the 8th of the month with the final vote tally being counted on the 14th of that month.

The Director may be removed from office by a 3/5 super-majority vote of both the Assembly and Senate.

Section 1: War Powers
Declarations of war require a majority vote in the Assembly and Senate, and passage by the Directorate to be enacted. In the case of attack upon a member of the Confederation by a foreign power, or rogue alliance member, the declaration will be de-facto.

Acts of espionage are considered an act of war by global consensus. As such all Confederate officials, departments, and member nations are forbidden to conduct such acts. Any member accused of performing such acts must be immediately brought before the High Court; acts of espionage are grounds for removal from the Confederation. Any member openly admitting to engaging in espionage shall be immediately removed from any elected position they may hold and put into a probationary status, however the High Court shall still be responsible for hearing the case before the member is expelled from the Confederation.

Any unprovoked attack upon any member of the Confederation is considered by the Confederation to be an attack upon all members of the Confederation. The Confederation will seek diplomatic resolutions to such acts where possible, but the full might of the Confederation will be brought to bear to first secure the beleaguered member nation, and after that to prosecute war against the offending nation or alliance to bring about terms favorable to the Confederation.

The Confederation has a policy in regards to nuclear weaponry of "launch on warning". We renounce and deplore the use of nuclear weapons as first-strike weapons, and as such refuse to use them as such. But if attacked with nuclear weapons, all nuclear-capable member nations are authorized to retaliate against the offending nation or alliance with extreme prejudice.

Participation in Confederate defensive actions is mandatory for all members, though exemptions may be obtained by the deliberative process in cases of economic inability. Participation in Confederate offensive operations is purely voluntary. The Director and/or Secretary of Defense can only make requests of members, but in the case of offensive operations these requests are not binding and a member's refusal to engage in such operations shall not be held against them.

Section 2: Foreign Relations
Conduct of diplomacy is the responsibility of the Department of State subject to oversight by the Director and the Assembly.

Any deliberate unapproved declaration of war by a member nation shall be grounds for expulsion from the Confederation and, at the discretion of the Director, mobilization of Confederate military forces against the rogue nation. If the offending nation persists in its aggression after being ordered by the Director to stand down, no trial shall be necessary and the expulsion shall be automatic.

In cases involving an unapproved declaration of war which has been made in error by a member nation, reparations will be paid to the affected nation or alliance by the member nation of origin. If said member nation cannot or will not pay reparations then the Confederation shall pay. In the case of the member nation refusing to pay reparations, then this nation shall be immediately removed from the Confederation and will be considered and treated as a rogue nation.

In matters of spying upon the Confederation by foreign powers, all reasonable efforts to resolve the situation by diplomacy are to be made, but if diplomacy is unsatisfactory, the spying shall be construed as an act of war.

Section 3: Treaties
Treaties negotiated by the Directorate are subject to ratification by the Senate. A treaty must pass the Senate by no less than a 3/5 super-majority for ratification.

No treaty or agreement which surrenders the sovereignty of the Confederation as a whole, or of its members individually, may be considered valid. No treaty which conflicts with this Charter may be considered valid.

Before joining, any existing treaty or agreement to which an applicant nation is already bound must be brought before the Senate for a vote of agreement, before said nation may join the Confederation. The Confederation will assume and honor treaty agreements made by member nations upon their entrance into the Confederation, if approved by the Senate. Any nation not disclosing any and all treaties and agreements to which it is bound, prior to joining the Confederation, will be subject to expulsion from the Confederation by vote of the High Court.

Article V: Trade
The Fifth Column Confederation is a capitalist alliance. The agencies and officials of the Confederation are granted only the powers in regards to trade as are required to ensure free trade and to provide redress of grievances in cases of fraud or coercion. They may also provide member nations with suggestions and guidance in economic matters, but these are non-binding. The Confederation may adopt an official Team at the suggestion of the Secretary of Trade, and approval by the Assembly and Senate, however membership in this Team shall only be recommended, not required.

Article VI: Amendment of The Charter
This Charter may be altered by an amendment process. This process shall require a 3/5 super-majority vote in the Assembly, a 3/5 super-majority vote in the Senate, passage by the Directorate, and ratification by 3/5 of the member nations via a special election. This process may be initiated by the Assembly, Senate, or Directorate proposing an amendment, or by the general membership via signed petition.

Article VII: Further Rules and Procedures
No member may hold more than one elected position nor shall any member be appointed to a position in the Directorate while holding an elected position.

No nation may hold membership in any other alliance concurrently with membership in the Confederation; dual membership shall be grounds for expulsion from the Confederation.

Whenever it becomes necessary to hold a special election, no more than one week shall pass before the commencement of the election, and the final tally of votes shall be determined by the end of the 7th day of the election process. If another election will begin within one week of the event which has made a special election necessary, then the two elections shall run concurrently. If another election will end within one week of the event which has made a special election necessary, then the two elections shall run consecutively.

Until such time as the membership of the Confederation numbers 50 or more, all powers granted to the Assembly and Senate shall instead be vested in the general membership. In this respect, each member shall serve as though he or she is both a member of the Assembly and of the Senate, with all the powers and obligations that membership in each body entails. As during this time such positions shall be unelected, there shall be no possibility for the removal of members from such roles short of removing them from the Confederation entirely. During this time there shall additionally be only three members of the High Court; one appointed by the Directorate, and two appointed by the general membership in their capacity as members of both the Assembly and Senate.

In all cases where the increase in Confederation membership past a certain threshold changes the structure of its governing bodies, a reduction in the membership of the Confederation below that threshold shall again cause a restructuring of those bodies to their previous state.

Any member of good standing and not in a probationary period may run for an elected position.

Any member demonstrating gross negligence or incompetence may be brought up on charges for such and, at the discretion of the High Court, be put on probation; repeated demonstrations of either trait shall be grounds for expulsion from the Confederation.

Where signed petitions may be used by the general membership to initiate some process, the process shall go forward once 20% of the membership, or 20 members, whichever is lesser, request it by signing the petition. Abuse of the petition procedure by a small group within the Confederation, for the purpose of internal disruption or the harassment of other members, is grounds for expulsion from the Confederation.

Article VIII: Membership
New member nations shall remain in a probationary period for their first two weeks.

Nations wishing to join the Confederation will be required to recite the Membership Declaration of the Fifth Column Confederation publicly, which is as follows,

''I ___________________ ruler of _________________________, with full support and authority of my nation, do hereby proclaim my solemn oath to uphold the values of the Fifth Column Confederation Charter. By so doing, I swear upon my life, fortune, and sacred honor that I will fulfill the obligations of full membership in the Fifth Column Confederation. I will lead by example so that the torch of human liberty will continue to burn brightly. I will defend my fellow member nations as I would my own. If I abandon my brothers during times of war, then may the sword of war be broken across my back and brand me a traitor and coward, and may my stigma as such be published for all to see.''

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