The Constitution of the Union of Midway is the supreme law of the Union of Midway. The current constitution was created after the Nationalist Party of Midway came into power, and went into full force on January 1st, 2011. the constitution is modeled after the Constitution of the United States and the Constitution of Japan. An amendment in the constitution is nearly identical to the JBRican government's concept of the People's Branch. It has the guidelines of the government of the Union of Midway, and holds supreme authority over all of the government of the Union of Midway.
We the people of the Union of Midway, in order to set the principles of our government, gather here in order to establish the constitution of the Union of Midway. We the people of the Union of Midway believe that the government shall be a Totalitarian Democracy, and shall look onto ways in the favor and desires of our people.
Article 1: The EmperorEdit
The Emperor shall be a state of the State and unity to the people, deriving his position from the will of the people.
The Imperial Throne shall be dynastic. The Emperor shall provide an heir or heiress. Should the Emperor provide no heir or heiress, the eldest son of the Emperor shall succeed the throne. The Eldest Daughter of the Emperor will succeed the throne if the Emperor has no sons and leaves no heir or heiress. In the event that the Emperor leaves no legal heir or heiress, the President will choose a successor from the Royal Family of Midway. The only requirement to become Emperor of Midway is to be a member of the Royal Family of Midway and be appointed through the process outlined in this paragraph.
The Emperor holds the largest amount of political rights; however he is equal to all people on non-political terms with the exception of economic terms. The powers of the Emperor shall be said below:
The Emperor shall be the commander-in-chief of the Army, Navy, Air Force and other militaristic branches of the Union of Midway. The Emperor may choose to lead the military directly or indirectly. The Emperor may not deploy the military into a foreign nation’s borders without the approval of the State Committee, with the exception of when the deployment is to assist an ally of the Union of Midway or when the Union of Midway is at war against the nation the military is being deployed into. The Emperor may not declare war on another nation without the approval of the State Committee. The Emperor will publicize a declaration of war. The Emperor will take part in any military discussions and will voice his opinion on military decisions.
Treaties and AppointmentsEdit
The Emperor holds the power to sign treaties as long as two-thirds of the State Committee and the President approving of and present at the signing. The Emperor may also appoint ambassadors with the approval of the State Committee.
The Emperor has the power to submit and pass bills that will become laws if passed by Congress. The Emperor holds the power to enact any bill as long as it has been reviewed by Congress to ensure the law is adequate. The final approval of the Emperor is required before passing a bill that was not submitted by the Emperor. If the Emperor vetoes the bill, than it is sent to Congress that review the bill at which point they may pass the bill without the approval of the Emperor if they feel that they should.
The Emperor may retain any power granted to him by the State Committee and use them for political use. The Emperor may also grant reprieves and pardons, except in the case of impeachment. The Emperor also holds the rights to secede or resign from any alliance that the Union of Midway is part of.
Article 2: Executive BranchEdit
The Executive Branch shall be run by the President and the State Committee. The Executive Branch shall be lead by the President.
The President elected by the people, and shall serve 3-year terms, unless the people no longer want the president to be President. At which point the President may be impeached by a majority vote of the State Committee. Any President may only serve 2 terms, after that the person is no longer eligible for Presidential duty. The President may grant reprieves and pardons, except in the case of impeachment. The President is to report to Congress and the State Committee on the State of the Union. The President may, on extraordinary occasions, convene Congress or the State Committee (or both). If members of Congress or the State Committee cannot agree on a date of adjournment, the President may adjourn them at a time he/she feels is appropriate. The President must take care that laws are faithfully executed. The President may sign treaties, with at least two-thirds of the State Committee approving of and present at the signing.
In order to qualify for Presidency one must have been a citizen of the Union of Midway for at least 4 years, or have been a citizen of the Union of Midway at the time of the adoption of this constitution.
The State Committee shall be the main Executive Body of the Union of Midway. The State Committee may create new divisions of the military, appoint ambassadors and public ministers. The State Committee may impeach the President and all Civil officers of the Union of Midway, with a 80%+ vote for impeaching. Representatives of the State Committee are elected by the people of every province in Midway. Each Province has 2 representatives. One Representative, and Once Vice Representative in case the Representative isn’t available. Every representative serves 2-year terms, and may serve up to 2 terms. The State Committee commissions all the offices of the government of the Union of Midway, with the exception of the Provincial Committee's. The State Committee may declare war on a nation with a 60%+ vote for declaring war.
Article 3: Legislative BranchEdit
The Legislative Branch shall consist of Congress and the Chairman of the Legislative Branch.
The Chairman of the Legislative Branch shall be the leader of the Legislative Branch. The Chairman of the Legislative Branch is chosen by congress. The Chairman of the Legislative Branch merely announces decisions made by the Legislative Branch. The Chairman of the Legislative Branch is also a member of Congress, and must attend to his Congressional duties. The Chairman of the Legislative Branch also represents the Legislative Branch when signing treaties.
Congress shall hold all Legislative powers. Congress holds the power to set and collect taxes, but all Duties, Imposts and Excises shall be uniform throughout the Union of Midway. Congress also regulates trade with foreign nations. Congress may set a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the Union of Midway. Congress holds the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors copyrights and/or patents. Congress may also make all Laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the Union of Midway, or in any department or officer thereof. Each Province will have 4 members of Congress, 2 Representatives and 2 Vice Representatives in case on or more of the Representatives are unavailable. The members of congress are elected by the people. Each member of Congress serves 2-year terms, and may serve up to 2 terms.
In order for a bill to become a law it must first be approved by congress, who then pass it to the State Committee and President for review. If it is passed there then the bill is passed to the Emperor for review. If it is passed there it becomes a law. In the event that the Emperor doesn't pass the bill it is sent back to the State Committee for review, at which time the State Committee may pass it without the Emperor's consent. If the State Committee doesn't pass the bill it is sent back to Congress for review, at which time Congress may pass it without the State Committee's consent, congress may only pass a bill without the Emperor's consent if the Emperor has reviewed it and sent it back to the State Committee.
Article 4: Judicial BranchEdit
The Judicial Branch shall consist of the High Council, Provincial courts/councils and Local courts/councils. The Judicial Branch of the government is in charge of examining laws, overseeing conflicts, and has some legislative power.
The High Council is the highest court/council. They are in charge of maintaining all lower courts/councils, and examine laws to ensure they are constitutional. The High Council shall oversee conflicts at the highest levels, but cases shall only be brought to the High Council if one of the 3 following conditions are met:
- 1) If the parties are of two different provinces or countries, plus a controversy of at least $75,000.
- 2) If the case asks a federal question
- 3) If the Federal Government of the Union of Midway is a party in the case.
Provincial Councils/Courts will hold jurisdiction over provincial affairs, and will oversee conflicts that occur in their respective province. They will be in charge of ensuring that the Provincial Committee of that Province is not corrupt, and will report to the High Council if it is found that they are. Provincial Councils/Courts reserve the right to impeach a member of a provinces Provincial Committee if they are found to be corrupt by the Provincial Court/Council.
Local courts/councils will hold jurisdiction over the local affairs of a town. The local courts/councils will handle criminal cases, and most lawsuits. Local courts/councils will also be the place people go to to file grievances, which the local courts/councils will look over and deliberate on whether or not something should be done about it. If it is found that a problem is reported by a large number of people, or is deemed a major problem, than the problem must be dealt with. If the local courts/councils deem that something should be done about the problem they tell the Provincial Committee or State Committee, whichever one applies, of the problem and their verdict on it. In the event of a report of a corrupt member of a Provincial Committee, it shall be sent to the Provincial Councils/Courts for review.
Each judge/councilor shall be chosen by the people, and serve 2-year terms. They may serve as many terms as they wish.
Article 5: Provincial GovernmentsEdit
Each Province shall be governed by a Provincial Committee, which holds complete authority over all provincial affairs. Members of the Provincial Committee shall be elected by the people. Each Province shall have a Provincial Committee of 23 members.
Any member of the Provincial Committee that is found to be corrupt by the Provincial courts/councils will be impeached by the Provincial courts/councils.
The Provincial Committee may not do anything that will prevent people from filing grievances. In the event that it happens all members of the Provincial Committee found to have to do with the incident shall be impeached and forbidden to run for any position of government in the Union of Midway again.
Open positions in the Provincial Committee's are filled in by members elected by the people.
Article 6: Rights of the PeopleEdit
Every person in the Union of Midway shall have freedom of speech, freedom of press, freedom of religion, freedom of petition, freedom of association, freedom of thought and conscience, and freedom to assemble peacefully. These may not be taken away by the government.
All people in the Union of Midway are equal regardless of race, skin color, sex, nationality, social status, family origin, education, property, and income.
Involuntary servitude is only permitted as punishment for a crime.
No person in the Union of Midway may be compelled to testify against themselves, and confessions obtained under duress are not admissible. No person in the Union of Midway may be convicted solely on the basis of their own confession.
No person in the Union of Midway shall be denied the right of access to the courts, and no person in the Union of Midway my be punished except according to procedure established by law.
No one may be apprehended without an arrest warrant, save where caught in the act of a crime. Any person may be released from unlawful detention. All people hold the right to counsel, and the right to be informed of charges. A person may sue the state for wrongful detention.
All people in the Union of Midway hold the right to a public trial before an impartial tribunal with counsel for one's defense and compulsory access to witnesses.
Standards for wages, hours, rest and other working conditions shall be fixed by law. Children shall not be exploited under any circumstances. Workers have the right to participate in a trade union.
No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.
All citizens hold the right to petition the government.
Academic freedom is guaranteed.
Forced marriage shall be prohibited.
Every person may sue for redress as provided by law from the State or a public entity, in the case that person has suffered damage through illegal act of any public official.
Compulsory education at public schools shall be free.
Every person holds the right to be secure in their homes, papers and effects against entries, searches and seizures except for when a warrant is issued for adequate cause.
Torture and any other form of cruel punishment is strictly prohibited.
No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he had been acquitted, nor shall he be placed in double jeopardy.
Article 7: AmendmentsEdit
This constitution may be amended at any time.
In order for this constitution to be amended the new amendment must first be approved by 80+% approval of all members of Congress. It is then passed to the State Committee, and must be approved by 70+% of all members of the State Committee. Only after this will the amendment be ratified into the constitution.
Amendments may be repealed at any time. The process for repealing an amendment is the same process as the ratification of an amendment.
Article 8: Supreme LawEdit
The fundamental human rights are guaranteed to the people of the Union of Midway.
This constitution shall be the supreme law of the Union of Midway.
Treaties concluded by the Union of Midway shall be faithfully observed.
The Emperor, President, and any other government official of the Union of Midway have the obligation to respect and uphold this constitution.
Amendment 1: People's BranchEdit
Public grievances, reports, and general complaints will be directed to the local courts and councils of the Union of Midway. All citizens are guaranteed full embodied rights to file such reports. Local courts and councils will hold jurisdiction over the accused officials and give a fair trial to the accused.
An assembly of citizens (excluding those holding federal or provincial level government positions) shall be known as the People's Branch of Midway.
All legal citizens of the Union of Midway deemed fit are guaranteed full rights to participate in the People's Branch.
The People's Branch shall be administered by the Voice of the People's Officer (the Chief Representative). All declarations made by the Representative shall supersede all lower jurisdiction including the Executive, Legislative, and Judicial Branches.
The People's Branch shall be divided into four levels: federal, provincial, local, and city.
All laws, obligations, orders, and other statements conducted by the People's Branch shall first be proposed at city-level to the City Council. If the proposal reaches majority vote by 2/3, the proposal will be elevated to the Local Council. If the majority of participating civilians vote for the proposal, it will be elevated to the Provincial Council. If the majority of participating civilians vote for the proposal, it will be elevated to the Federal Council. If the majority of participating civilians vote for the proposal, it will be officially declared by the Chief Representative and made an order.
The government of the Union of Midway must see that an order declared by the Chief Representative is carried through.