The Constitution of Grand Besaid is the highest legal document in the entire nation. It provides for the structure of the governing body, protects the rights of the people, and establishes the basic laws and structures of the nation.
Text of the ConstitutionEdit
We, the people of Grand Besaid, hereby ordain and establish this constitution to ensure our own liberty and to ensure a prosperous and free republic. Using the wisdom granted to us by almighty God, we hope to rule this nation wisely, upholding our values and virtues; realizing self-governing is a privilege of great responsibility.
Article I: Guaranteed RightsEdit
Section I: Political PowerEdit
All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.
Section II: Equal ProtectionEdit
No person shall be denied the equal protection of the laws; All Grand Besaidians are equal before the law. No person shall be denied the enjoyment of their civil or political rights or be discriminated against in the exercise thereof because of religion, race, sex, color, national origin, social status, or similar reason. All people have the right to be respected as people, and to enjoy freedom.
Section III: Voting RightsEdit
All citizens shall be guaranteed the right to vote in all elections, referendums, and electoral issues at the age of eighteen. However, state legislatures may provide reasonable additional requirements against the imprisoned; such requirements shall be subject to the approval of the National Assembly. All electoral issues and elections shall be done using a secret ballot, and no one shall be forced to vote.
Section IV: Fundamental RightsEdit
The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives, to protest peacefully, and to petition the government for redress of grievances. All citizens shall have the right to unionize, to join, and to form trade and labor unions at their discretion. Every person may freely speak, write, publish, and otherwise express their views so long as it does not infringe upon the rights of another. The people shall have the right to privacy and personal choices.
Section V: Freedom of Religion; State ReligionEdit
Part I: Christianity, and more specifically Roman Catholicism, is the official religion of Grand Besaid, as such, it is to be the source and foundation of all laws and legislation enacted within the nation. Though this constitution is here to support the Roman Catholic roots of the majority, the right of every person to practice religion as they choose shall also be guaranteed. No one shall be discriminated against because of their religion, and no one shall be forced to conform to Roman Catholicism.
Part II: The National Assembly may appropriate funds to Catholic Parishes and other Christian Churches across the nation of Grand Besaid to reimburse them for services and education provided to the citizens of Grand Besaid.
Part III: The National Assembly may allow for the incorporation of Christian symbols and phrases into public objects and places. The right to prayer, both in public and in private shall be guaranteed.
Section VI: Right to LifeEdit
In order to protect the lives of all citizens of Grand Besaid, and in order to give safety to the unborn, all abortions are forbidden. Recognizing those same reasons, plus the uses and possibilities of adult stem cells, embryonic stem cell research is also banned within the nation of Grand Besaid. The Death Penalty, being a cruel and barbaric practice, is never to be administered by the nation of Grand Besaid or any of its states. Murder and Euthanasia are also forbidden throughout the entire nation of Grand Besaid. Everyone shall have the right to life; life begins at conception. The right to life shall be respected and protected.
Section VII: Right to DignityEdit
All people shall be treated with dignity and respect.
Section VIII: Prohibition of Slavery and Involuntary ServitudeEdit
Neither slavery, nor involuntary servitude, unless temporary and for the punishment of a crime, shall ever be tolerated in Grand Besaid. All citizens shall have the right to withhold their labor.
Section IX: Freedom of InformationEdit
The people should be given advanced notification of all laws proposed by the government and adequate time should be given to permit the people to form their opinions and enact their right to protest, should they choose to do so. Laws recognized by the government shall be made publicly available to the populace so that they can remain informed. The people are to have access to all information known by the government so long as such information would not jeopardize national security, interfere with another’s rights or privacy, or disrupt justice.
Section X: Freedom of ConscienceEdit
The freedom of thought, conscience, and belief shall be guaranteed to all.
Section XI: Freedom of MovementEdit
No person shall be deprived of his or her freedom of movement, that is to say, the right to move freely throughout Grand Besaid, and the right to reside in any part of Grand Besaid; such a right shall be waived during legal detention for a crime. The right of every law-abiding citizen to enter and to leave Grand Besaid shall not be infringed. All citizens of Grand Besaid shall have immunity against expulsion from Grand Besaid.
Section XII: Right to Bear ArmsEdit
It shall be the right of the people to bear arms for sport; defense of the nation, their state, self, family and personal property; collection and display; and other purposes which can, by reasonable standards, be considered appropriate. The right to bear arms, being one of the best tools to preserve other liberties, shall not be infringed.
Section XIII: Equality of Political Parties and CandidatesEdit
All candidates, regardless of their political party or lack therefore of, shall have to meet the same qualifications and requirements, and shall be equal before the law and before the rules governing elections. All candidates shall be able to campaign freely, and all candidates shall be entitled to reasonable funds for campaigning. No party or candidate shall receive special treatment, and especially not because of their office or candidacy. Electoral districts shall not be created with bias for or against any political candidates, parties, ideologies, or groups of citizens; impartial commissions shall be created in a manner prescribed by law to ensure the fairness of electoral districts. All citizens shall have the right to join and associate with the political parties of their choosing, to resign from such political parties, and to abstain from politics and the association with political parties.
Section XIV: Limits on ConscriptionEdit
No law shall create a draft or other form of conscription, except during rebellions or invasions when the public safety may require it.
Section XV: Quartering of SoldiersEdit
No Soldier shall be quartered in any house, on, or in any private property in times of peace without the explicit consent of the owner or occupant; nor shall any soldier be quartered during times of war either, except during invasions as prescribed by law.
Section XVI: Military SubordinationEdit
The Military shall, at all times, be in strict subordination to the civil power.
Section XVII: Citizenship RightsEdit
Part I: Citizenship may be gained in the following manners:
- a) You are the child or legal ward of an individual who, at the time of your birth or legal transfer, possessed Grand Besaidian citizenship;
- b) You enter into a valid marital relationship with a person possessing Grand Besaidian citizenship;
- c) You are a grandchild of a person who currently holds Grand Besaidian citizenship;
- d) You are born within the jurisdiction or territory of Grand Besaid;
- e) You are naturalized in another manner prescribed by law.
Part II: Citizenship may not be revoked or removed by any means, once approved. Citizenship may be lost by voluntarily proclaiming your desire to relinquish citizenship in the presence of a Grand Besaidian official after obtaining the citizenship of another country.
Section XVIII: Marriage RightsEdit
To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose. At no time shall a person be forced into an arranged marriage, nor shall anyone be discriminated against through a marriage because of race, sex, creed, social status, or similar reason.
Section XIX: Prohibition on Taxation without RepresentationEdit
At no time shall the federal government, except in cases of tariffs and imposts, tax any citizen unless they can vote in federal elections. The legally imprisoned may be taxed even if their voting rights are suspended.
Section XX: Freedom of ScienceEdit
The freedom of humane scientific research and teaching is guaranteed.
Section XXI: Academic FreedomEdit
The people of Grand Besaid are an intelligent people; as such, every citizen of Grand Besaid shall be guaranteed a free, quality education of their choosing, from grade school to college and beyond. Education not only helps to better each citizen, but also the nation as a whole. All citizens shall be guaranteed the freedom of academic study.
Section XXII: Right to adequate Medical CareEdit
The right to adequate medical care and the opportunity to achieve and enjoy good health shall be guaranteed to every citizen of Grand Besaid.
Section XXIII: Right to a HomeEdit
Because all people need and deserve a home, no citizen of Grand Besaid shall go without a home or place of shelter, and no home or place of shelter shall be in poor shape, unless its owner desires it to be. All citizens shall be guaranteed a decent home.
Section XXIV: Right to Start a BusinessEdit
No law shall prohibit any citizen or group of citizens from creating and running their own business on the funds and resources available to them.
Section XXV: Freedom of ProfessionEdit
Everyone shall be guaranteed the right to choose his or her career and profession, so long as such a career or profession is legal.
Section XXVI: Adequate IncomeEdit
All citizens shall be guaranteed an adequate and sustainable income from their employers or through welfare. Law shall provide for the limitations and rules of this section, as well as the definition of sustainable income and what constitutes an adequate income.
Section XXVII: Consumer Protection RightsEdit
Consumers shall be protected by law from hazardous products, from monopolies and price fixing, and, in general, against any corporation or business and their products. Consumers shall be guaranteed the peace of mind that the products sold to them are safe, unless they are warned otherwise.
Section XXVIII: Private Property RightsEdit
The right to private land or property shall be guaranteed. No tax on property or land shall ever be levied.
Section XXIX: Limitations of Eminent DomainEdit
Part I: Land and other private and commercial property may only be taken for the use of the public when it is necessary for national security or the public good, and only then once the owner has been paid at least double the standard compensation for such property.
Part II: Should land obtained through eminent domain be no longer needed for the purposes of national security or the public good, then the land shall be returned to the original owners, or to their descendants or other relatives should they no longer be living.
Part III: Land and property may be bought for public use, with the consent of the seller, at a price agreed upon by both parties.
Section XXX: Prohibition of DiscriminationEdit
Grand Besaid shall not discriminate against, or grant preferential treatment to, any individual or group because of race, religion, genetics, sex, color, ethnicity, national origin, or similar reason in the operation of public employment, public education, or public contracting.
Section XXXI: Trial by JuryEdit
In every criminal prosecution, the accused shall have the right to a speedy and public trial by an impartial jury of their peers. The right of trial by jury shall be waived in all civil cases, unless demanded by one of the parties.
Section XXXII: Rights of the AccusedEdit
In every criminal prosecution, the accused shall have the right to be informed of the nature of the accusation; to be confronted with the witnesses against him or her; and to have a compulsory process for obtaining witnesses in his or her favor. In every criminal prosecution, the accused shall also have the right to have the assistance of counsel for his or her defense; to have an appeal as a matter of right, except as provided by law an appeal by an accused who pleads guilty or nolo contendere shall be by leave of the court.
Section XXXIII: Habeas CorpusEdit
No one shall be denied the writ of habeas corpus.
Section XXXIV: Limitations of Investigations and ProceedingsEdit
No person shall be compelled in any criminal case to be a witness against him or herself, nor be deprived of life, liberty or property, without due process of law. The right of all individuals, firms, corporations and voluntary associations to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed.
Section XXXV: Limitations of Charges and Withholding of BailEdit
No person shall be subject for the same offense to be twice put in jeopardy. All persons shall, before conviction, be bailable by sufficient sureties, except that bail may be denied to persons whom are likely to be extremely dangerous, or where it is likely that they will try to flee.
Section XXXVI: Limitations on Searches and SeizuresEdit
The person, houses, papers, effects, writings, and possessions of every person shall be secure from unreasonable searches and seizures. Only a reasonable warrant, issued by a proper judicial authority, shall allow for searches and seizures. No warrant to search any place or to seize any person or things shall be issued without describing them, or without probable cause, supported by oath or affirmation.
Section XXXVII: Limitations of Punishment and GuiltEdit
Excessive bail shall not be required; excessive fines shall not be imposed; cruel or unusual punishment shall not be inflicted; torture shall not be administered; nor shall witnesses be unreasonably detained. A person accused of a criminal offence shall be presumed innocent until proven guilty beyond a reasonable doubt.
Section XXXVIII: Limitations on ExtraditionEdit
No citizen shall be extradited to a foreign state, nation, or authority without his or her explicit consent.
Section XXXIX: Illegal LawsEdit
No bill of attainder, ex post facto law or law impairing the obligation of contract shall be enacted. No person shall be held criminally liable for an act which was not a legally recognized crime at the time of its commission, nor shall the penalty for an act be increased after the act was committed. The National Assembly shall pass no law which unfairly treats the citizens of this nation, or which violates this constitution or the people’s rights.
Section XXXX: Conduction of SuitsEdit
A suitor in any court of this nation has the right to prosecute or defend his suit, either in his own proper person or by an attorney. Realizing that government is not perfect, and that it does not run perfect institutions, all citizens shall have the right to conduct suits against the government for governmental abuse, negligence, or for any other inappropriate action or omission.
Section XXXXI: Limitations on Imprisonment from DebtEdit
No person shall be imprisoned for debt arising out of, founded on contract, express, or implied, except in cases of fraud or breach of trust.
Section XXXXII: Enumeration of rights not to deny othersEdit
The enumeration in this constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Article II: The Legislative PowerEdit
Section I: The LegislatureEdit
The Legislative power of the national government of Grand Besaid shall be vested in a National Assembly, consisting of a House of Representatives and a Council of Delegates.
Section II: House of RepresentativesEdit
Part I: The House of Representatives shall be comprised of members who are elected every second year by the people of the several states; each state shall receive representatives proportionate to its population, though every state shall receive at least one representative.
Part II: Each state must divide itself into electoral districts equal to the number of representatives they received using an impartial commission created in a manner prescribed by law. Every electoral district shall be near equal in population, being, at most, one percent different in population from any other electoral district in all of Grand Besaid. Each electoral district shall elect one representative.
Part III: Any citizen of Grand Besaid whom has attained at least the age of eighteen may vote in all elections concerning representatives of their district.
Part IV: In order to be a representative, a person must be at least twenty years old, a citizen of Grand Besaid for at least fifteen years, a resident of Grand Besaid for at least seventeen years, and a resident of the district they are representing.
Part V: The House of Representatives shall elect from its own members a speaker, and any other officers it deems necessary to the functioning of itself.
Part VI: Should a vacancy occur in the House of Representatives, then special elections shall be held in the district in which the vacant seat is representing to fill the vacancy for the remainder of the term.
Part VII: Should an event occur in which more than one-half of the seats in the House of Representatives become vacant at the same time, then the executives of the states in which the districts that the seats are representing shall reside may appoint a temporary replacement until special elections can occur to permanently fill the seats. State executives may only choose a temporary replacement from a list created by the previous representative of that seat before its vacancy; should the previous representative failed to have created such a list, then the executive shall be free to choose any qualified person. Such lists shall be created and declared in a manner prescribed by law.
Part VIII: All resolutions concerning the annual budget shall originate in the House of Representatives.
Section III: Council of DelegatesEdit
Part I: The Council of Delegates shall be comprised of members who are elected every four years. The electors of the entire nation shall, using open list proportional representation, directly elect one-half of the members of the Council of Delegates. The electors of each state shall directly elect the other one-half of the members of the Council of Delegates through open list proportional representation; each state shall receive an equal number of delegates in the Council of Delegates.
Part II: Any citizen of Grand Besaid whom has attained at least the age of eighteen and who is eligible to vote in the elections for the House of Representatives is eligible to vote in elections concerning the national delegates of the Council of Delegates and the state delegates representing their state in the Council of Delegates.
Part III: In order to be a delegate, a person must be at least twenty-four years old, a citizen of Grand Besaid for at least seventeen years, a resident of Grand Besaid for at least twenty years, and a resident of the district they are representing.
Part IV: A person may only serve in the Council of Delegates for three consecutive terms, though they may serve for an unlimited total number of terms in their lifetime.
Part V: The Vice President of Grand Besaid shall be the presiding officer of the Council of Delegates, but he shall have no voting rights, except in instances of a tie. Should the Vice President be absent from a session of the Council of Delegates, and a vote shall tie, then the motion shall fail. The members of the Council of Delegates shall elect any other officers they deem to be necessary.
Part VI: Should a vacancy occur in the Council of Delegates, and should that seat be representing the entire nation, then the President shall appoint a replacement who must be confirmed by the Council of Delegates, and shall serve for the remainder of the term.
Part VII:Should a vacancy occur in the Council of Delegates, and should that seat be representing a state, then the executive power of that state shall appoint a replacement for the remainder of the term. Replacements must be of the same party as those who they are replacing, unless they are replacing someone who did not have a party.
Part VIII: All resolutions concerning treaties or foreign agreements shall originate in the Council of Delegates, or at least be voted upon by the Council of Delegates before the House of Representatives votes on them.
Section IV: Legislative MotionsEdit
Part I: A motion may be proposed by any member of the National Assembly into the house of which they are a member.
Part II: All motions shall be presented as a resolution and in the style "The people of Grand Besaid enact:", unless otherwise prescribed for in this constitution.
Part III: No resolution shall embrace more than one object, which shall be expressed in its title. No resolution shall be altered or amended on its passage through the National Assembly so as to change its original purpose as determined by its total content and not alone by its title.
Part IV: To be passed into law, a resolution must receive support from more than half of the delegates in both the House of Representatives and the Council of Delegates. Should a resolution be amended in either house, then the other house must pass the same version for it to become law. Once an identical resolution is passed by both houses, it shall be presented to the President.
Part V: The President, once presented with a resolution passed by both houses of the National Assembly, shall have the ability to approve the resolution, to veto the resolution or to submit the resolution to a binding national referendum.
Part VI: Should the President approve a resolution passed in identical form by both houses of the National Assembly, then it shall become law.
Part VII: Should the President veto a resolution passed in identical form by both houses of the National Assembly, then he shall send it back to its house of origin with a list of his petitions and reasons for its veto. After considering such petitions, the house of origin shall decide whether or not to attempt to override his veto. A two-thirds vote of both houses shall be required to override a presidential veto.
Part VIII: Should the President submit a resolution passed in identical form by both houses of the National Assembly to a referendum, then all of the electors across the entire nation shall vote on the resolution on the day prescribed by the National Assembly, but it shall be no later than one year after the President submitted the resolution to a referendum. If the majority of electors vote in favor of the resolution, then the resolution shall become law; if the majority of electors vote against the resolution, then the resolution shall fail and it shall not be able to be passed again by the National Assembly for another year.
Part IX: Should the President do nothing with a resolution passed in identical form by both houses of the National Assembly within fifteen days of being presented with it, then it shall become law as if he approved it.
Section V: Legislative ProcedureEdit
Part I: The times, places and manner of holding elections for representatives shall be prescribed in each state by the legislature thereof; but the National Assembly may at any time, by law, make or alter such regulations.
Part II: Three-fifths of the members a house shall be enough to constitute a quorum to do business. Smaller quorums shall have the power to compel the attendance of and to punish absent members in a manner prescribed by the rules of that house.
Part III: Each house shall keep a record of its votes, discussions, committee recommendations, and resolutions. Each month it shall publish the record, omitting such parts that are vital to national security as decided by a majority vote. The published record shall be accessible in all public libraries, courthouses, on at least one government website, and in all other public places that law shall stipulate to have it.
Part IV: Except as provided by law, members of the National Assembly shall be privileged from civil arrest in the case of misdemeanor infractions while en route to a soon-to-be-convened meeting of the National Assembly or their house, or while the National Assembly or their house is in session. Rather, they shall have to face the consequences of such small crimes once their session has concluded. Members of the National Assembly shall not be questioned in any other place for any speech in either house.
Part V: Neither house may convene in any other place than the capitol building without the permission of the other house, unless the President shall direct them to convene somewhere else because of a crisis. The Capitol building shall be located within the capital of Grand Besaid, on public grounds, and law shall determine its exact location and space. Law shall decide the Capital of Grand Besaid, and it shall be independent of any other state, being a state in its own right; its territory shall not exceed one-hundred fifty square miles. Once decided upon, the Capital may not change, unless the previous capital shall no longer be a part of Grand Besaid or the people consent to the change through a national referendum.
Part VI: The National Assembly shall pass a resolution at least three months before each year’s general election, prescribing the amount that each legislative official’s salaries are to be considered for raise or alteration. During the next general election, the electors of the entire nation shall vote on the proposal in a binding referendum. Should it be defeated in the referendum, then the salaries and pay of the members of the National Assembly shall remain the same for another year. Members of the National Assembly shall be paid directly from the Grand Besaidian Public Treasury.
Part VII: Every ten years, the President and the Supreme Court shall review the salaries of the members of the National Assembly. Should they find them to be too low, then they may increase them by up to ten percent of their current salaries by a mere majority vote, with the President and each member of the Supreme Court receiving one vote. The President may veto the results of such a meeting, though his veto may be overridden by an eleven-fourteenths vote of the Supreme Court. Neither the President nor the Supreme Court may lower the salaries of members of the National Assembly through this manner.
Part VIII: No member of any house may be a member of another, nor may any member of any house hold or be appointed or elected to another position of political power during their time as a member of the federal legislature.
Part IX: Each house may establish and amend its own rules by a majority vote of a standard quorum.
Part X: Each house shall judge the qualifications of its own members.
Part XI: Each house, and the National Assembly as a whole, may create committees and similar bodies to help with their functioning and order by a mere majority vote of a standard quorum.
Part XII: Neither house may adjourn for more than seven days without the consent of the other house.
Part XIII: The houses National Assembly shall convene at least twice a year, though they are encouraged to meet more often.
Section VI: Legislative Powers and LimitsEdit
Part I: The National Assembly shall not violate this constitution; suspend legal rights; create or appoint people to positions with an indefinite term; lay taxes, duties, or tariffs on any single state or sub-division of Grand Besaid; or establish or grant titles of nobility or royalty. The National Assembly shall not give preference to any state, its ports, or transportation systems over another state; or lay duties or tariffs on goods traveling between states or within the nation of Grand Besaid.
Part II: The National Assembly draw money from the Grand Besaidian Public Treasury, except in consequence of appropriations ascertained by law, and in conjunction with a regular public statement and account of receipts and expenditures. The National Assembly may not take funds out of state, territorial, or local public funds.
Part III: The National Assembly must attain a balanced budget each year, unless the nation is facing war, economic hardship, or similar disaster; such a requirement for a balanced budget can also be waived by a five-ninths vote of each house.
Part IV: The National Assembly shall have the power to:
- a) Levy and collect taxes, and create and collect uniform duties, tariffs, and imposts
- b) Borrow funds on the credit of Grand Besaid, and pay for federal debts
- c) Appropriate money from the national treasury
- d) Regulate commerce with foreign nations, between the several states, and between other foreign and domestic powers
- e) Provide for the general welfare and health of the nation and its citizens
- f) Provide for rules relating to immigration, naturalization, and citizenship
- g) Coin money and establish its value, especially in comparison to foreign currencies
- h) Create or adopt national systems of measures
- i) Provide rules for copyrights and bankruptcy
- j) Protect the currency of the nation against counterfeit and fraud, and establish the rules and punishment of counterfeiting and fraud
- k) Establish a system of mail and postage
- l) Provide fair rules for the economy of the nation
- m) Create, abolish, and design courts inferior to the Supreme Court
- n) Ratify treaties and foreign agreements, and to amend them when applicable
- o) Declare war and peace
- p) Maintain the territory of the nation not belonging to a state on the territorial level
- q) Raise and support armies and other military forces, and to appropriate money to such a cause, but for no more than one year at a time
- r) Provide for rules on the militias and armed forces
- s) Provide for the construction of federal public places and buildings
- t) Create positions within the federal government as needed, and to delegate subsets of powers to them
- u) Make all laws that are necessary and proper for the nation of Grand Besaid
Part V: The National Assembly shall have the power to investigate the President, the Supreme Court, the Inferior Courts, and all of the executive and administrative officials.
Article III: The Executive PowerEdit
Section I: The ExecutivesEdit
The Executive Powers of the Federal Government of Grand Besaid shall be vested in a President, a Vice President, in an Executive Cabinet, and in such administrative and military officials as the National Assembly and the President shall commission and create in accordance with this constitution.
Section II: PresidencyEdit
Part I: The President shall have two official titles, both "The President of Grand Besaid" and "The Mosunor of Grand Besaid". The President may create additional official titles with the consent of both the National Assembly and the people.
Part II: The electors of the entire nation shall elect The President of Grand Besaid for terms of four years. In order to be president, a person must be at least thirty years old; born in Grand Besaid; a citizen of Grand Besaid for at least thirty years; and have been a resident of Grand Besaid for at least seventeen years. People not born in Grand Besaid shall be eligible for the office of President after having been a citizen and a resident of Grand Besaid for at least forty consecutive years prior to their candidacy. A person may only be President for two consecutive terms.
Part III: Any citizen of Grand Besaid whom has attained at least the age of eighteen and who is eligible to vote in the elections for the House of Representatives is eligible to vote in all Presidential elections.
Part IV: The President shall receive compensation for their services at the times stated by law, and in the amounts decided by law. The amount shall not be increased, diminished, or otherwise altered during the term for which a president is elected, and all subsequent changes in compensation shall take effect either during the next term of office, or for the next holder of the office, whichever comes first.
Part V: Should the President perish, be removed, resign, or acquire a disability that prevents him from accomplishing his duties as agreed upon by the Supreme Court and either house of the National Assembly, then the Vice President shall become President for the remainder of the term. The National Assembly may, by law, declare which officers become President after the Vice President in a line of succession.
Part VI: The President shall be the supreme commander in chief of the armed forces of Grand Besaid. The President of Grand Besaid shall commission all officers of the armed forces of Grand Besaid.
Part VII: The President shall be the head of state and the head of government of Grand Besaid. He shall symbolize the national government of Grand Besaid.
Part VIII: The President shall be the chief diplomat of the nation, and he shall receive all foreign ambassadors, ministers, leaders and consuls. The President shall appoint all ambassadors and diplomats with the advice and consent of the National Assembly. The President shall sign and negotiate all treaties with the advice and consent of the National Assembly.
Part IX: The President shall make sure that all of the laws of Grand Besaid are faithfully executed. He shall have the power to issue pardons upon the consent of either house of the National Assembly.
Part X: The President shall have the power to call either or both houses of the National Assembly into a special session. From time to time, he shall address both houses of the National Assembly and the state legislatures, informing them about the state of the nation, and recommending such actions as he shall feel necessary.
Part XI: The President shall also nominate all officials whose appointment are not otherwise prescribed for by law or in this constitution; such nominations shall be approved by the National Assembly, unless law otherwise prescribes that they be only approved by a single house, by the people, or by the President alone.
Part XII: The President, like all other officials, shall not be above the law. The President shall have to obey all laws, and the President may not issue orders that have the effect of laws, nor may the President attempt to exceed the power granted to them by this constitution.
Part XIII: The President may be removed, at anytime, by a conviction of impeachment started by the House of Representatives, where the Council of Delegates judged the trial; the Chief Justice of the Supreme Court shall preside over impeachment trials of the President. Such trials can, at most, remove the president from office and restrict their qualification to hold federal offices in the future, though a standard criminal or civil trial can be brought against the president once he is impeached for the offenses. A president may also be removed by losing a recall election.
Section III: Vice PresidencyEdit
Part I: The electors of the entire nation shall elect The Vice President of Grand Besaid for terms of four years. In order to be the vice president, a person must be at least thirty years old; born in Grand Besaid; a citizen of Grand Besaid for at least thirty years; and have been a resident of Grand Besaid for at least seventeen years. People not born in Grand Besaid shall be eligible for the office of vice president after having been a citizen and a resident of Grand Besaid for at least forty consecutive years prior to their candidacy. A person may only be Vice President for two consecutive terms.
Part II: Any citizen of Grand Besaid whom has attained at least the age of eighteen and who is eligible to vote in the elections for the House of Representatives is eligible to vote in all Vice Presidential elections.
Part III: The Vice President shall receive compensation for their services at the times stated by law, and in the amounts decided by law. The amount shall not be increased, diminished, or otherwise altered during the term for which a president is elected, and all subsequent changes in compensation shall take effect either during the next term of office, or for the next holder of the office, whichever comes first.
Part IV: Should the Vice President perish, be removed, resign, or acquire a disability that prevents him from accomplishing his duties as agreed upon by the Supreme Court and either house of the National Assembly, then the President shall nominate a new Vice President who will need to be approved by the National Assembly.
Part V: The Vice President shall assist the President in his duties, and the President may delegate both powers and authorities to the Vice President as he sees fit. The Vice President shall also be the presiding officer of the Council of Delegates, being able to propose motions into the Council of Delegates with the Consent of the President.
Part VI: The Vice President shall, like all other officials and government bodies, not be above the law. The Vice President shall have to obey all laws, and neither the Vice President nor the President may issue orders that have the effect of laws, nor may the Vice President attempt to exceed the power granted to them by this constitution.
Part VII: The Vice President may be removed, at anytime, by a conviction of impeachment started by the House of Representatives, where the Council of Delegates judged the trial. Such trials can, at most, remove the Vice President from office and restrict their qualification to hold federal offices in the future, though a standard criminal or civil trial can be brought against the vice president once he is impeached for the offenses. A vice president may also be removed by losing a recall election.
Section IV: Executive CabinetEdit
Part I: The Executive Cabinet shall consist of all of the administrative heads, the vice president, and of any other officers that the President shall deem to be part of his Cabinet.
Part II: The Cabinet shall advise the President and Vice President, and either may delegate powers and duties to Cabinet members as they see fit.
Part III: Law shall decide the qualifications of Cabinet level officers.
Article IV: The Judicial PowerEdit
Section I: The JudiciaryEdit
The judicial power of Grand Besaid shall be vested in one Supreme Court and in such inferior courts as the National Assembly may from time to time ordain and establish by law.
Section II: Supreme CourtEdit
Part I: In order to be a Supreme Court Justice, a person must be at least thirty years old, a citizen of Grand Besaid for at least twenty-five years, and a resident of Grand Besaid for at least twenty-seven years. One may only be a Supreme Court Justice once every twenty years; Supreme Court Justices shall serve terms of fourteen years.
Part II: The Supreme Court shall be comprised of fourteen members who are to be a combination of members elected by the population of the nation as a whole and appointed by legislative means. Seven Supreme Court Justices shall be elected by the electors of the nation as a whole, one every even year. The remaining seven members are to be appointed indirectly by a subset of the members of the state legislatures and the National Assembly in the following manner: Each state Legislature shall vote on four of its members to send as delegates; the Council of Delegates shall send six members; and the House of Representatives shall send seven members. The legislatures may also prescribe that specific officers be sent, rather than choosing members each time. This legislative commission shall meet every odd year to appoint one Supreme Court Justice.
Part III: The current chief justice shall be decided by the President with the advice and consent of the House of Representatives for a term of two years. Only justices serving on the Supreme Court at the time of the appointment of the chief justice are eligible for the position of chief justice.
Part IV: Initially, all fourteen members shall be appointed by the President and confirmed by the House of Representatives to staggered terms. As the initial terms expire, the regular means of choosing Supreme Court Justices shall be used as prescribed in Article IV, Section II, Part II. Initial members who serve less than a four year term shall be eligible for a second consecutive term, in total, these two initial terms shall add up to no more than eighteen years.
Part V: Any citizen of Grand Besaid whom has attained at least the age of eighteen and who is eligible to vote in the elections for the House of Representatives is eligible to vote in all Supreme Court elections.
Part VI: Should a vacancy occur in the Supreme Court, then the President shall appoint a replacement, and the National Assembly shall approve it. The replacement justice shall serve until the original term was to end.
Part VII: 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, the Supreme Court shall have appellate jurisdiction, both as to law and fact, though the National Assembly may make exceptions to this by law.
Part VIII: The Supreme Court shall have the power to strike down and void laws that conflict with this Constitution, this power shall be known as Judicial Review.
Part IX: Any interpretation or judicial review may be nullified by a three-fourths vote of both houses of the National Assembly with approval from the President. Such events for nullification must occur within a one-year period of the first branch’s motion for nullification. The Supreme Court may, by a unanimous vote, submit a referendum to the people asking them to reverse the nullification.
Part X: Any Supreme Court Justice may be removed, at anytime, by a conviction of impeachment started by the House of Representatives, where the Council of Delegates judged the trial. Such trials can, at most, remove the Supreme Court Justice from office and restrict their qualification to hold federal offices in the future, though a standard criminal or civil trial can be brought against the Supreme Court justice once he is impeached for the offenses. A Supreme Court justice may also be removed by losing a recall election or by being removed by the people.
Section III: Inferior CourtsEdit
Part I: The National Assembly shall, by law, create a system of inferior courts.
Part II: The inferior courts shall have original jurisdiction on anything that is not otherwise explicitly given to the original jurisdiction of the Supreme Court.
Part III: The trial of all crimes, except in cases of impeachment, shall be by jury; and such trials shall be held in the state where the said crimes shall have been committed. If the crime did not occur in any state, then the trial shall be held at the places directed by national law. All trials shall be public and even those of other citizenships or who are in the armed forces shall have the right to a trial by a jury of their peers.
Part IV: Any law may be brought before any court in which the law’s jurisdiction falls to question its constitutionality; should the law violate this constitution, then that court shall strike it down. Such cases may be brought before a number of courts, and would have their final ruling by the Supreme Court, should the Supreme Court choose to hear it.
Section IV: Judicial JurisdictionEdit
The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of Grand Besaid, 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 Grand Besaid 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.
Section V: Judicial CompensationEdit
Both Supreme Court Justices and inferior court's judges shall receive a compensation for their services paid out of the treasury of Grand Besaid. Such compensation shall be determined by law, and it shall not be raised or otherwise altered until after the end of the current pay periods of the judges and justices it affects.
Section VI: TreasonEdit
Part I: Treason is defined only as levying war against Grand Besaid or as aiding enemies of Grand Besaid by supplying them with aid, comfort, and resources.
Part II: The National Assembly may, by law, prescribe the punishment for treason.
Part III: No relative or acquaintance of someone accused or convicted of treason maybe punished or convicted of treason without a proper and fair trial, nor on the basis of such acquaintance or association alone.
Part IV: No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act or on confession in open court.
Article V: States and Sub-divisionsEdit
Section I: Admission of New StatesEdit
Part I: The National Assembly may create new states out of territory belonging to no other state or combination of states, so long as the National Assembly has the approval of the majority of electors of the planned state. States may only be formed out of existing ones by the permission of the National Assembly and by the permission of the electors and legislatures of the states involved.
Part II: New states may only be admitted if the territory pending statehood has a population of at least 500,000 people. Any territory pending statehood shall have a constitution ready to take effect at the time of statehood; the majority of the electors of the territory pending statehood shall have approved such a constitution.
Part III: New states shall gain their usual representation in the Council of Delegates immediately. However, new states shall receive only one seat in the House of Representatives until the next national census prescribes otherwise, unless the population of such a new state was determined by the previous census, then they may receive the appropriate number of seat in the House of Representatives. The first terms of the first delegates of new states to the national legislatures shall be made so as to align the future terms of their seats with the already existing ones of that house.
Section II: Divisions of the StatesEdit
Part I: States may politically divide themselves further into things like counties, provinces, regions, cities, and other municipalities and sub divisions to help with the organization and governing of the state.
Part II: The States may provide the type of government of such subdivisions, or the states may leave the decision up to the electors of the subdivision in a manner prescribed by state law. The governments of subdivisions shall be democratic and representative in their nature.
Part III: Municipal governments of the several states shall have all the restrictions placed on them that are placed on the states, and each state may place further restrictions on their powers.
Section III: Government of the StatesEdit
Part I: State governments shall be constitutional republics, and they shall have a legislative branch, an executive branch, and a judicial branch. They may also include other branches and officials. The National Assembly shall be the judge as to whether or not a state’s government is a constitutional republic.
Part II: The electors of the states shall elect the majority of members of at least one legislative house in each state government.
Part III: The electors of each state shall have the power to amend their constitution in a manner and with a majority prescribed by their state’s constitution.
Part IV: No state officials shall serve life time terms, though they may be continuously elected or appointed as prescribed by their respective state constitution.
Section IV: Explicit Limits on StatesEdit
Part I: No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; or declare war; nor may any state keep troops without the permission of the National Assembly, unless they are under invasion or circumstances will not allow for delay of action.
Part II: No state shall coin money; emit bills of credit; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
Part III: States may not lay imposts on items from another state, and any imposts or tariffs laid shall only be placed on foreign goods, and the funds raised by such imposts or tariffs shall be used for the funding of inspection laws and the security of trades. Any excess profits from such tariffs and imposts shall be appropriated to the national treasury.
Section V: Interstate Recognition and CooperationEdit
Part I: All public acts, records, and proceedings of one state shall be recognized by the others, vesting full faith and credit in each other. The National Assembly may prescribe, by law, the manner in which such acts, records, and proceedings are to be proved and recognized by the other states, and the manner in which they are to have effect.
Part II: The National Assembly shall act as the territorial government of all territory not belonging to a state. The National Assembly may also organize territories not belonging to a state, and delegate their authority to territorial governments as they see fit.
Part III: The National Assembly shall have the power to buy new territories; the power to sell territories of Grand Besaid not belonging to a state; and the power to give territory not belonging to a state to a state with the consent of the electorate of that territory.
Part IV: The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
Part V: If a crime is committed in one state, and the suspected criminal flees to another; then the state where the crime was committed may order the state where the suspected criminal resides to hand the suspected criminal over to it.
Article VI: General ProvisionsEdit
Section I: Legal Status of the ConstitutionEdit
Part I: This constitution shall be the Supreme Law of the land superseding all treaties, laws, declarations, orders, regulations, and other documents and means of legal power, precedence, and influence.
Part II: Laws and legal documents that violate this constitution are null and void, and the courts shall declare them as such.
Section II: Elector ProtectionEdit
Part I: The state legislatures shall enact laws to preserve the purity of elections, to preserve the secrecy of the ballot, to guard against abuses of the elective franchise, and to provide for a system of voter registration and absentee voting. No law shall be enacted which permits a candidate in any partisan primary or partisan election to have a ballot designation except when required for identification of candidates for the same office who have the same or similar surnames.
Part II: No poll tax or fee for voting shall be required. All elections shall be free and open to all qualified electors.
Section III: Recall, Initiative, Referendum, and Removal of OfficialsEdit
Part I: The people reserve to themselves the power to propose laws and enact and reject laws, called the initiative; and the power to approve or reject laws enacted by the legislature, called the referendum. The power of initiative extends only to laws, which the legislature may enact under this constitution. The power of referendum does not extend to acts making appropriations for national institutions or to meet deficiencies in federal funds. To invoke the initiative or referendum, petitions signed by a number of registered electors, not less than one-tenth for initiative and one-fifteenth for referendum of the total vote cast for all candidates for President at the last preceding general election at which a President was elected shall be required. Petitions must be completed within a one-hundred eighty day period, and no more than one-quarter of the signatories may be from the same state.
Part II: Both motions of initiative and referendum shall be presented to the electors of Grand Besaid at the next General Election, provided that at least two months exist between the submission of an initiative or referendum petition and the next General Election; otherwise it shall appear in the General Election after that one. Law shall stipulate the location at which petitions may be picked up and dropped off. Both initiatives and referendums shall require at least a majority approval from the electors of the entire nation.
Part III: The people may invoke their power of recall, and call for a recall election of any official or seat in any level of government. To invoke their power of recall, petitions signed by a number of registered electors in the constituency of the said official, not less than one-tenth of the total vote cast for all candidates in the previous election for that position shall be required. Recall elections shall occur two months after the submission of a valid petition; the two months are to be used for the registering of new candidates and the campaigning of all candidates. All candidates which were on the ballot during the last election where the official being recalled was elected, are automatically added to the recall ballot, provided said candidates still meet the requirements of the position, and that said candidates are still willing to run. Should a similar petition be submitted against an unelected official, then a vote shall be held to determine if they should remain in their office. Effectively, the people may remove any official.
Section IV: PrimariesEdit
Part I: Parties shall conduct primaries for the various positions in which they have more candidates competing for the same position than there are potential seats available at such an election. Primaries shall be organized and conducted in a manner provided for by state law.
Part II: Should a contested position’s constituency cover multiple states or the entire nation, then federal law shall provide for the organization and conduction of such primaries.
Part III: The dates that states may hold primaries for the presidency shall be decided on by lottery, with each group of states’ period of time to hold their various primaries determined by lot. The National Assembly shall provide for, by law, which states belong to which groups and for the various dates that are allowed by each lottery slot. That National Assembly may provide for additional rules and procedures dealing with presidential primaries.
Part IV: Elections dealing with proportional representation shall be excluded from primaries, and their candidates shall be decided in manner prescribed for by law and the parties that participate.
Section V: Explicit Limits on all OfficialsEdit
Part I: No official shall be exempt from a recall vote or vote of removal by the electorate.
Part II: No official or person holding a position of trust or power under the Constitution of Grand Besaid shall serve life time terms; though they may be continuously elected or appointed as prescribed by this constitution or by law, whichever is applicable to the position.
Part III: No person shall hold more than one position of power or authority under this Constitution.
Part IV: No official shall violate the constitution, the laws of the nation, or the people’s rights.
Article VII: AmendmentsEdit
Section I: Amendment by petition and vote of electorsEdit
Any citizen of Grand Besaid may propose an amendment to this constitution. Such a proposed amendment shall be turned into a petition, and it shall require the number of signatures of electors equal to at least one-ninth of the total number of people who voted in the last presidential elections. Upon obtaining the signatures, the proposed amendment shall be added to the ballot during the next general election, which shall occur at least once a year, it shall require at least three-fifths of the electors who voted to be in favor of the amendment to pass.
Section II: Amendment by legislative proposal and vote of electorsEdit
Alternatively, both houses of the National Assembly may pass the same amendment, each with a two-thirds majority or greater. The proposed amendment will then be submitted to the people via referendum. A majority vote of approval from the people shall then be required to ratify the amendment.
- Grand Besaid
- First Republic of Grand Besaid
- Second Republic of Grand Besaid
- Constitution of the First Republic of Grand Besaid
- Constitution of the Ancient Besaidian Republic
- Politicians of Grand Besaid