The Republic (2nd)

The Republic (2nd) is a maroon team alliance and reformation of the original Republic. It was founded on July 27, 2009 and is currently a protectorate of the Commonwealth of Sovereign Nations.

Announcements

 * The Republic Revives

Constitution of The Republic
In these times, it sometimes becomes necessary for nations to unite for common defense from such vices as disease, terrorism, tyranny, poverty, lawlessness, and unwarranted attacks. However, in this union, the basic rights and freedoms of the individual nations comprising it must be preserved. Moreover, by the common consent, these nations must establish a government to ensure that these rights and liberties are protected from all threats. Therefore, we do hereby ordain this document as the contract between the government and the governed in order to be a government of laws and not of men.

Article 0: Definitions

 * - Super-majority: 66% or above
 * - Majority (Simple Majority): 50% + 1 or above

Section 1: Enumeration of Rights

 * - Upon creation, every nation is vested with certain sacred, undeniable rights which are to be protected by this Union at all costs but only extend so far as they do not damage the whole or encroach on another’s intrinsic rights. These rights shall not be infringed upon unless through due process of law. Principal among these are the following:
 * 1.) To freely express one’s opinion on any issue at any time.
 * 2.) To enjoy freedom from undue burden.
 * 3.) To associate freely with other friendly entities.
 * 4.) To enter or leave this Union at any time for any reason.
 * 5.) To govern the internal policy of one’s nation without interference.
 * 6.) To defend oneself before an impartial jury of one’s peers, be informed of the charges, enjoy a speedy and public trial, be confronted by witnesses, have compulsory process for obtaining witnesses in one’s favor, and to have the benefit of a Counsel for one’s defense in all cases which may result the infringement of any of these enumerated rights.
 * 7.) To be free from excessive fines, and cruel and unusual punishments.
 * 8.) To campaign and serve, if elected, in any office.
 * 9.) To enjoy the profits from one’s nation without violation by one’s government.
 * 10.) To petition the Government for a redress of grievances.
 * 11.) To be protected from infraction upon life, liberty, and property.

Section 2: Foreign Policy of Members
- Upon entrance, every member renounces the right to maintain his or her own foreign policy, including military action. All foreign policy for these states united shall fall under the jurisdiction of the popularly-elected Parliament.

- No nation shall preserve or create an entangling relationship with any alien entity unless specifically approved by Parliament in writing.

- Any member who violates these provisions will be considered to have renounced his or her membership if the situation is not corrected within one week.

Section 1: Composition
- Parliament shall be composed of seven (7) seats each serving eight (8) week terms.

- No member shall serve in Parliament who has been deprived of his or her right to vote.

- No person shall serve in Parliament who is not an accepted member of The Republic.

- Before entering into service in Parliament, one must affirm the following oath: “I, (NAME), do solemnly swear to abide by and uphold the Constitution of The Republic and defend it against all threats, foreign and domestic. I take this obligation openly without mental reservation or intent of evasion. I hereby promise to faithfully serve as a Member of Parliament during my tenure and relinquish such duties when my term expires or if called to by due process of law. I furthermore promise to execute the duties of my office honestly and to the best of my ability.”

Section 2: Election Procedure
- The seats of Parliament shall be up for vote consecutively in numerical order followed by one “break week” in which no seat shall be up for vote unless required by a special election.

- Every member not deprived of voting rights may exercise exactly one vote in each Parliamentary election.

- Election for a particular seat shall begin at Cybernations update (12 Midnight CT) on the Sunday which the seat is up for election and end on the following Saturday at Cybernations update (12 Midnight CT). The candidate who receives the most votes during this time period shall take office immediately in place of the previous holder.

- Under no circumstance should the election be held in poll form or involve any official nomination process.

- In the case of a tie, a new election between the two candidates receiving the most votes shall be administered immediately, the vote lasting for a period lasting no longer than five days during which time the other elections will proceed as normal.

- If such a case arises in which there is significant reason to believe that an election has not been carried out faithfully and without obstruction of the democratic process, any member may call for a complete investigation, findings to be presented to the Chief Justice for review and deliberation. If the Chief Justice finds that the election was, in fact, not carried out honestly, he or she may require it to be done over in a timely manner according to the normal procedure outlined in this document.

Section 3: Powers and Obligations

 * - The Parliament shall serve as the upper house of the legislature and be entrusted with the following power and responsibilities:
 * 1.) To elect a single head officer, known as the Prime Minister, to serve as Chief Executive of this Union.
 * 2.) To confirm all treaties by a simple majority of all Members of Parliament.
 * 3.) To decide by a super-majority of the Parliament Membership when to commit troops in an official action of the Government. However, an official report of the reason along with progress of such an action must be issued to the Assembly within a week of the enforcement.
 * 4.) To confirm the Prime Minister’s appointment of the Chief Justice with a simple majority of all Members of Parliament.
 * 5.)To remove any Parliament member from office with super-majority vote.

Section 4: Impeachment and Removal from Office
- Any nation who leaves this Union shall be removed from Parliament immediately.

- Any Parliament Member who fails to vote upon any resolution in the House of Commons within one week of introduction without prior written notification of this absence will immediately be removed from Parliament.

- In such a case that a Member of Parliament fails to execute his or her duties as specified in Article II of this document, or engages in misconduct or bribery, any Republic member may introduce a case of impeachment to a complete session of the Supreme Court, who shall thereafter hear all evidence and unanimously determine the guilt of the accused. If the decision is not unanimous in the affirmative, the Parliament Member shall not be removed from office. Punishment in impeachment cases may not extend farther than removal from office, disqualification from running for further office, and forfeiture of voting rights, but the party, if convicted, shall be nonetheless liable to trial and punishment for those actions in criminal court.

- If a seat of Parliament becomes vacant for any reason, a special election shall be administered immediately, the vote lasting for exactly one week, during which time a temporary replacement appointed by the Prime Minister shall occupy the seat. The member elected in the special election shall retain that seat until it comes up for election again.

Section 1: Powers and Obligations
- All executive authority of The Republic shall be vested in the Prime Minister and all appointed Ministers.

- The Prime Minister along with the Ministers shall be responsible for the following:
 * 1.) Faithfully executing all laws and treaties passed by the legislative process of this Union without discrimination.
 * 2.) Carrying out all punishments prescribed by the Judiciary without discrimination.
 * 3.) To safeguard the interests of all members of The Republic from any threats, foreign and domestic, military or otherwise without prejudice.
 * 4.) To make rules and regulations governing their respective Ministries.

Section 2: Composition
- The executive branch shall be headed by the Prime Minister and also include the remaining Ministers.

- All Ministers shall be appointed by the Prime Minister solely, but the Assembly may, at any time, officially question these appointments. Such a decision by the Assembly will be binding.

- To be a Minister, one must occupy a seat in Parliament.

Section 3: The Prime Minister
- The Prime Minister shall be elected in an ongoing election by the Parliament held publicly in the House of Commons. Each seat shall exercise one vote. The results of the election will be updated every Sunday.

- The Prime Minister shall act as Chief Magistrate of the Government, carrying out, with the aid of the Ministers, all Foreign and Domestic affairs of The Republic.

- The Prime Minister must be a Member of Parliament.

- In the case that the Assembly feels that Parliament’s selection for Prime Minister cannot faithfully execute his or her duties, the Assembly may, if a super-majority voting in that body within a one week period concurs, replace Parliament’s choice with a candidate of their own, although this person must be a Member of Parliament.

Section 4: Impeachment and Removal from Office
- Any nation removed from Parliament or this Union shall also be removed from his or her Minister position.

Section 1: Composition
- In order to act as the people’s check upon the Government, an Assembly, composed of every accepted member of The Republic not deprived of voting rights nor in Parliament, shall be formed.

Section 2: Powers and Responsibilities
- The Assembly shall act as the lower house of the legislature of The Republic, and its approval shall be required for any piece of legislation to become law.

- The Assembly shall be entrusted with the following powers and responsibilities:
 * 1.) To make and unmake Governments through creation or deletion of ministries, such a resolution will require a super-majority of Assembly members concurring during a two week open election.
 * 2.) To elect a single spokesman known as the Speaker of the Assembly to act as the people’s voice to Parliament and enforce the Assembly’s rule of order.
 * 3.) To review any official Parliament declarations of war, determine the merit of the declaration, and decide whether to continue the action. Any decision will be binding.
 * 4.) To oversee the operation of all Republic Ministries.
 * 5.) To question any Ministerial appointment. If a simple majority of members voting within one week feels that the appointment was erroneous, the Prime Minister must replace the questioned official with one pleasing to the Assembly.
 * 6.) To determine the rules of its proceedings and punish its members for disorderly behavior.

Section 3: Impeachment and Removal from Office
- Any nation that leaves this Union shall immediately be removed from the Assembly.

- In the case of continual disorderly behavior, bribery, misconduct, failure to perform duties, or any other offenses which directly affect the faithful operation of this body, the Assembly may remove a nation from the Assembly if a super-majority of Assembly members voting within one week concurs.

Article V: Legislative Powers Delegated
- The Assembly and Parliament shall possess the ability to institute any laws deemed necessary and proper for the betterment of this Union. These legislative powers shall be distributed between the upper house, Parliament, and lower house, the Assembly, in the following manner.

- Either house may put forth a bill to be ratified, and will be considered passed if a simple majority of all occupants, in the case of the Parliament, or members voting within one week, in the case of the Assembly, vote in the affirmative. A bill will be considered rejected by the lack of such a majority.

- After one body has passed a bill, it will be considered by the other body in which it will be considered passed by the criteria listed above. If passed by the other body, the bill will be considered law.

- If a bill is passed by the Assembly and the Parliament subsequently rejects it, the bill will be returned to the Assembly who may pass the bill over Parliament’s veto with a super-majority of members present within one week voting in the affirmative.

- If a bill is passed by Parliament and the Assembly rejects it, the bill will not be enacted under any circumstances except reconsideration and subsequent passage by the Assembly.

- The final text of the bill must be put up for vote and, if passed, cannot be altered.

Section 1: Composition and Powers
- All Judicial power of this Union shall be vested in a single Judiciary branch composed of three individual courts of law known as the Superior Court, the Appellate Court and the Criminal Court.

- This Judicial power shall extend to, but shall not be limited to, all cases involving any member of this Union, the treaties and laws passed by this Union, and questions arising from the Constitution of this Union.

- It shall be the duty of all courts to rule impartially on cases according to their realm of jurisdiction.

- No member of the court will hold any public office nor enjoy the right to vote on legislation.

- All justices shall strive to remain neutral in all cases of legislation unless commenting upon the constitutionality of the bill. The justices shall not, under any circumstances, endorse, through voting or otherwise, a candidate for any office. All justices must also remain neutral on all ongoing criminal cases unless specifically asked for their opinion in writing from another justice.

- All judgments of this judiciary shall act as legal precedence unless overturned by legislation or further ruling by this judiciary.

Subsection A: The Superior Court
- The Superior Court shall be composed of a single adjudicator known as the Chief Justice. This justice shall be appointed by the Prime Minister of Parliament, with a simple majority confirmation by all Members of Parliament.

- It shall be the duty of the Chief Justice to impartially interpret the Constitution of the Republic and make rulings on all questions concerning it. The Chief Justice shall also serve as judge in all cases against the Government united.

- The Chief Justice will also serve as the final level of appeal in all cases from the lower courts. The Chief Justice shall have sole discretion to hear these cases, and may deny the appeal for any reason. Cases heard by the Chief Justice have no right to a trial by jury.

- The Chief Justice shall not be subject to recusal.

- The Chief Justice shall serve in his position during good behavior.

- In the case that a Chief Justice comes before Parliament for confirmation while Parliament united is involved in legal proceeding, the nominee’s confirmation shall be postponed until the conclusion of legal proceedings. In such cases, the office of Chief Justice shall be filled by the Speaker of the Assembly, who shall retain the position as Speaker during this time, until a confirmation can take place. If legal conflict prevents the Speaker from holding this position, the office of Chief Justice shall be filled by the Appellate Justice until a confirmation can take place.

Subsection B: The Appellate Court
- The Appellate Court shall be composed of a single adjudicator known as the Appellate Justice. This justice shall be appointed by the Speaker of the Assembly, with a simple majority confirmation by the Assembly in a vote lasting for a period of exactly one week.

- It shall be the duty of the Appellate Justice to hear all appeals on decisions of the Criminal Court. The Appellate Justice shall either uphold the Criminal Court’s decision or strike it down.

- The Appellate Justice shall only assign punishment in the case a punishment has not been already assigned from any other court.

- The Appellate Justice will hold his office during good behavior.

- Cases being heard by the Appellate Justice shall not have the right to a trial by jury.

- The Appellate Justice shall not be subject to recusal.

- The Appellate Justice has no discretion. He must hear all appeals cases brought before his court.

Subsection C: The Criminal Court
- The Criminal Court shall be composed of a single adjudicator known as the Criminal Justice. The Criminal Justice shall be elected regularly in a week-long alliance-wide general election, which shall take place no later than the conclusion of the election for Parliament Seat 7, and no earlier than the beginning of the election for Parliament Seat 1. The Criminal Justice shall serve for a period of six weeks.

- It shall be the duty of the Criminal Justice to hear all cases, both criminal and civil, between members of The Republic and between members and the Government of The Republic in which the Government is the prosecution. All cases and lawsuits shall originate in the Criminal Court.

- All cases in Criminal Court shall be subject to a trial by jury. In these cases, the jury shall determine guilt, with the Criminal Justice determining punishment in the case of a guilty verdict.

- If the defendant waives his right to a trial by jury, the Criminal Justice shall determine guilt and assign punishment in the case of a guilty verdict.

- When the impartiality of the Criminal Justice is significantly compromised in any case, it will be his duty to recuse. In such a case, the Speaker of the Assembly shall select a Member of Parliament, excluding the Prime Minister, to serve as Criminal Justice for that case except in such as cases which the Government is directly involved. If such a case arises, the Speaker himself shall serve as the Criminal Justice.

Section 2: The Trial Process
- In all trials, the justice presiding shall have final say in the proceedings and conduct within the trial.

- The trial process, excluding deliberation, shall not last any longer than one week unless specifically approved by the Chief Justice in writing.

- Trials shall begin with the Prosecution presenting their case. The prosecution shall have an unlimited number of forum posts to argue, and must state that they rest their case before the defense is allowed to post.

- The Defense shall then present their case. They shall have an unlimited number of forum posts to argue and must state that they rest their case before the prosecution may present their final argument.

- Following the presentation of both sides, each side shall have one forum post to respond to their opponent and make final statements. The Prosecution shall conclude first.

- Once final statements have been delivered, it shall be the duty of the ruling body to debate and rule on the case. This deliberation shall not last more than one week. Any contact with the ruling body, public or private, during this time in relation to the case shall be tantamount to legal fraud. In such a case, it shall be the duty of the Justice to declare mistrial. The offending party will also be subject to legal action.

Subsection A: The Jury
- The Jury of any criminal case shall be composed of no more than four members of The Republic, excluding Justices and those who hold public office.

- The Jurors shall be decided on consensus between both parties prior to the start of proceedings. The Criminal Justice shall not have any say in the selection of the jury.

Section 3: Impeachment Trials
- In the case of Impeachment proceedings against any public official, all three Justices shall hold a unified Court of Impeachment.

- The Justices shall serve as the jury for the impeachment. A unanimous decision of the three Justices shall serve as a guilty verdict. If such a verdict is agreed upon, reelection for the office according to the normal procedure will begin immediately.

- There shall be no appeal of impeachment verdicts.

- Punishment in impeachment cases may not extend farther than removal from office, disqualification from further office, and forfeiture of voting rights.

Section 4: Impeachment and Removal from Office
- In the case that any Justice fails to perform his/her duties as outlined in Article IV, misconduct, or continued absence, any member of the Assembly or Parliament can call for an impeachment hearing for the Justice. In such a case, the Prime Minister shall preside over a joint session of the Assembly and Parliament in which all evidence shall be heard against the Justice. Once all evidence has been presented, the Prime Minister shall dismiss both houses of the legislature to determine the guilt of the Justice for one (1) week. The accused shall not be convicted except by the concurrence of a super-majority of all eligible members present. All cases that come before the Justice during the proceedings shall be delayed until the proceedings have concluded.

- If the Justice is found guilty, the process of selecting a new justice in accordance with the conditions outlined for the appropriate court shall begin immediately, and all prior rulings by the removed shall be considered open for appeal.

- Punishment may not extend farther than removal from the position.

Section 5: Principles of the Court
- No member shall be tried for the same offense twice unless further evidence is presented.

- No member shall claim immunity from the law for any title.

- No member shall be tried for offenses committed before such offenses were made illegal by law or judicial precedence.

- All members tried shall be entitled to a defense counsel of their choosing in Criminal Cases, although such a selection is not compulsory for the chosen.

- No individual tried before this court shall be compelled to testify against himself/herself.

- In all criminal cases, the accused is presumed innocent unless proven guilty. It is the responsibility of the prosecution to prove the accused guilty; it is not the responsibility of the accused to prove himself/herself innocent.

- Neither excessive fines nor cruel and unusual punishment shall be inflicted under any circumstances.

- In all civil cases, this court will be governed according to the rules of common law.

Article VII. Entry into this Union
- A nation will be considered part of this Union after he or she fills out the complete application specified and is approved by a Minister of this Government.

- No nation shall be accepted who conveys false information on his or her application or is engaged in an offensive war.

Article VIII. Amending this Document
- In order to amend this document, a super-majority of both houses of the legislature must approve of the exact text of the amendment. The Chief Justice reserves the right to pronounce an amendment as against the spirit of this document, but such is grounds for impeachment if this pronouncement is erroneous. If such an amendment is approved, the Chief Justice then adds the text to the Constitution.

Article IX. Enactment and Legal Status of this Document
- This document will be considered effective if a super-majority of both houses of the legislature present within one week concur. Until such occurs, all prior legal documents will remain in effect.

- This document shall act as the supreme law of this Union and shall bind all officials of the Government and members of this Union.

Article X. Legal Status of Prior Documents
- If passed, this document shall super-cede the prior Constitution along with all amendments. However, all bills passed during the legal supremacy of the prior Constitution will be honored. All officials elected under the prior Constitution will remain in office and the election cycle currently underway will continue.