Post by Cormac on Dec 26, 2018 19:13:14 GMT -5
Constitution of the Republic of Pacifica
Preamble
We, the residents of Pacifica, declare our unyielding commitment to the principles of liberty, democracy, and solidarity, and through this Constitution we mandate that the Republic of Pacifica will be governed according to these fundamental principles. This Constitution stands as a social covenant between us that we will respect the dignity of each resident of Pacifica, honoring each other's right to freely engage in self-government through this Republic.
Article I. Citizenship in Pacifica
Admission to citizenship
(1) Upon applying for citizenship, applicants must provide the name of their nation in Pacifica, the name of their World Assembly nation, past or present NationStates aliases, and list all regions and organizations with which they are affiliated as a citizen or equivalent member at the time of application. No additional information will be required in citizenship applications.
(2) Upon applying for citizenship, applicants must affirm the following affirmation of citizenship:
I, [Nation in Pacifica], affirm that I will uphold the Constitution of the Republic of Pacifica and all laws enacted pursuant to that Constitution. I further affirm that I will not participate in any coup d'etat or invasion against the Republic of Pacifica, whether perpetrated by internal or external forces, and that I will do everything in my power to act in defense of the Republic of Pacifica against any such act of aggression.
(3) The President will conditionally admit anyone to citizenship who meets the following criteria:
a. They have a nation residing in Pacifica;
b. They have a World Assembly nation in Pacifica or in another region;
c. They have provided all information required by law in their citizenship application;
d. They have made the affirmation of citizenship;
e. They have not been deemed a security threat by the President;
f. They do not meet any other criteria for citizenship prohibition established by law.
(4) Should the President for any reason fail to conditionally admit or reject a citizenship applicant within seven days, the application will be forwarded to the Regional Congress, which may conditionally admit the applicant to citizenship by absolute majority vote.
(5) In the event that an applicant is rejected because they have been deemed a security threat by the President, the applicant may appeal to the Regional Congress, which may conditionally admit the applicant to citizenship by absolute majority vote. An applicant for citizenship whose appeal is rejected by the Regional Congress may not reapply for citizenship for a period of six months.
(6) Off-site forum administration will, according to their own procedure, complete the admission to citizenship of anyone conditionally admitted if they meet the following criteria:
a. They are not attempting to gain citizenship with multiple off-site forum accounts;
b. They are not using a proxy without authorization from off-site forum administration;
c. They are not attempting to conceal an alternate identity in NationStates;
d. They do not represent a danger to the out-of-character safety or security of off-site property or its users in the judgment of off-site forum administration.
(7) There will be no appeal against rejection of a citizenship application by off-site forum administration.
(8) Anyone admitted to citizenship within seven days of an election period, defined as beginning with the opening of nominations, or within seven days of a vote in the Regional Congress will not be permitted to vote in that election or vote, or to stand for office in that election.
Revocation of citizenship
(9) Once per month, within the first seven days of the month, the President or their designated Secretary will conduct an audit to revoke the citizenship of any citizen whose nation in Pacifica has relocated or ceased to exist, or who has failed to meet additional criteria for maintenance of citizenship which may be established by law.
(10) Citizenship will automatically be revoked from anyone who publicly resigns it, and such revocation must be acted upon by the President or their designated Secretary as soon as practical.
Article II. Regional Congress of Pacifica
Composition of the Regional Congress
(1) The Regional Congress will be comprised of all citizens of Pacifica.
(2) The outcome of votes in the Regional Congress will be determined with abstentions excluded and according to the number of votes cast, not the number of overall citizens.
Powers of the Regional Congress
(3) The Regional Congress may enact, amend, or repeal its own procedural rules by absolute majority vote.
(4) The Regional Congress may enact, amend, or repeal general laws and resolutions by absolute majority vote.
(5) The Regional Congress may enact or amend treaties at the request of the President, or repeal treaties on its own initiative, by absolute majority vote.
(6) The Regional Congress may declare war against another region or organization at the request of the President, or repeal a declaration of war on its own initiative, by two-thirds vote.
(7) The Regional Congress may declare and end a state of emergency independently of the Guardian Council, end a state of emergency declared by the Guardian Council, or extend a state of emergency ended by the Guardian Council, by two-thirds vote.
(8) The Regional Congress may remove any government official established by law or policy from office by two-thirds vote.
(9) The Regional Congress may override the President's veto of enactment, amendment, or repeal of a general law or resolution, or repeal of a treaty, by two-thirds vote.
(10) The Regional Congress may amend this Constitution by three-quarters vote.
(11) The Regional Congress may enact, amend, or repeal a Constitutional Charter of Rights by three-quarters vote. The Constitutional Charter of Rights will bear the same legal weight as this Constitution.
(12) In the event that the Founder nation ceases to exist and is not restored within thirty days, or is deleted, the Regional Congress may mandate the refounding or relocation of Pacifica by three-quarters vote. Following a mandate to refound or relocate, the President will within seven days submit to the Regional Congress an action plan for carrying out such mandate, which must be approved by absolute majority vote of the Regional Congress before it may be implemented. The Regional Congress may rescind a mandate to refound or relocate by three-quarters vote.
Speaker of the Regional Congress
(13) The Speaker will preside over the Regional Congress according to its procedural rules.
(14) The Speaker will be elected by the citizenry every two months by majority vote. Procedure for the Speaker's election will be further defined by law.
(15) The Speaker will promptly present enactment, amendment, or repeal of any general law or resolution, or repeal of any treaty, to the President for signature or veto.
(16) In the absence of procedural rules to settle a procedural matter in the Regional Congress, the Speaker may establish such rules. Procedural rules established by the Speaker will always be subordinate to the laws of Pacifica and procedural rules established by the Regional Congress.
(17) The Speaker may appoint deputies to assist in presiding over the Regional Congress. The Speaker may dismiss such deputies from office.
Article III. Presidency of Pacifica
Establishment of the presidency
(1) The President will be elected by the citizenry by majority vote. Procedure for the President's election will be further defined by law.
(2) Following initial election, the President will be subject to challenge election. Upon initial election or following defeat of a challenge, the President will not be eligible for challenge for a period of four months.
(3) The President may not serve in any other government office in Pacifica while serving as President.
Powers of the presidency
(4) The President will be the head of state and lawful World Assembly Delegate of Pacifica, and will be responsible for regional diplomacy, military, security, and World Assembly affairs.
(5) The President may sign or veto enactment, amendment, or repeal of a general law or resolution, or repeal of a treaty. Should the President fail to sign or veto enactment, amendment, or repeal of a general law or resolution, or repeal of a treaty, within seven days, it will automatically take effect and will no longer be subject to veto.
(6) The President may establish and revise an endorsement limit for Pacifica, and may summarily enforce such a limit. The endorsement limit will be no lower than half of the President's endorsement count, except in the event that Pacifica is founderless, in which case a lower limit must be approved by absolute majority vote of the Regional Congress.
(7) The President may pardon or commute the sentence of anyone convicted of a crime by the High Court. Pardon or commutation will be subject to approval by absolute majority vote of the Regional Congress.
(8) The President may appoint a Council of State to assist with programs and activities under the President's portfolio, and may dismiss Secretaries of State from office.
(9) The President may provide for the appointment and dismissal of deputies to Secretaries of State.
Article IV. Prime Ministry of Pacifica
Establishment of the prime ministry
(1) The Prime Minister will be elected by the citizenry every two months by majority vote. Procedure for the Prime Minister's election will be further defined by law.
(2) The Prime Minister may not serve in any other government office in Pacifica while serving as Prime Minister.
Powers of the prime ministry
(3) The Prime Minister will be responsible for regional culture, education, integration, and media.
(4) The Prime Minister may appoint a Cabinet of Ministers to assist with programs and activities under the Prime Minister's portfolio. The Prime Minister may dismiss such Ministers from office, and may provide for the appointment and dismissal of deputies to such Ministers.
Article V. High Court of Pacifica
Composition of the High Court
(1) The President will appoint a Chief Justice to preside over the High Court, subject to confirmation by absolute majority vote of the Regional Congress. The Chief Justice will be subject to reconfirmation by the Regional Congress every six months, which will not require reappointment by the President.
(2) The Chief Justice may not serve in any other government office in Pacifica while serving as Chief Justice.
(3) Upon the Chief Justice deciding that the High Court will try a criminal case or resolve a legal review, they will appoint two Associate Justices, subject to confirmation by absolute majority vote of the Regional Congress.
(4) Upon the Chief Justice determining they have a conflict of interest and recusing themselves from a particular trial or review, the President will appoint an Acting Chief Justice and two Associate Justices, subject to confirmation by absolute majority vote of the Regional Congress.
(5) Associate Justices will be automatically dismissed from office following conclusion of the trial(s) or review(s) for which they were appointed.
Powers of the High Court
(6) The Chief Justice will establish and may revise the High Court's procedural rules. Procedural rules may be revised in the preliminary phase of a trial or review by absolute majority vote of the High Court. Such procedural rules will be subordinate to the laws of Pacifica.
(7) The Chief Justice may preside over all trials and reviews, or may delegate responsibility for presiding over a trial or review to an Associate Justice who will be referred to as the Presiding Justice for that trial or review.
(8) The High Court will try all criminal cases, resolve conflicts or ambiguities in the law, and review the constitutionality of laws or legality of government policies, by request of an affected party.
(9) The official verdict or opinion of the High Court in any trial or review will be binding on all government institutions and officials.
Article VI. Guardian Council of Pacifica
Composition of the Guardian Council
(1) The President will appoint a minimum of three Guardians to the Guardian Council, subject to confirmation by absolute majority vote of the Regional Congress. Guardians will be subject to reconfirmation by the Regional Congress every six months, which will not require reappointment by the President.
Ordinary powers of the Guardian Council
(2) Guardians may maintain high endorsement World Assembly nations in Pacifica. Guardians will not exceed two-thirds of the President's endorsement count without permission from the President or approval by absolute majority vote of the Regional Congress. The President may summarily enforce this limit.
(3) The Guardian Council will be responsible for assisting the President in overseeing and protecting regional security, and summarily enforcing endorsement limits as needed.
(4) The Guardian Council will establish and may revise its own procedural rules by absolute majority vote. Such procedural rules will be subordinate to the laws of Pacifica.
(5) The Guardian Council may elect its own Chairperson to preside over the business of the Guardian Council according to its procedural rules, and may elect a new Chairperson at any time.
(6) The Guardian Council may, by absolute majority vote, authorize the President to eject and/or ban any nation in Pacifica that has been charged with a crime, pending the outcome of a criminal trial. Citizenship may not be revoked for relocation under such a circumstance for the duration of the criminal trial. The Guardian Council's approval is not required for summary enforcement of endorsement limits.
Emergency powers of the Guardian Council
(7) The Guardian Council may declare and end a state of emergency by two-thirds vote, except that the Guardian Council may not end a state of emergency declared by the Regional Congress.
(8) During a state of emergency, whether declared by the Guardian Council or by the Regional Congress, the Guardian Council will take all necessary measures to resolve the emergency, except that the Regional Congress may not be suspended. The Guardian Council must also adhere to any further regulation of states of emergency established by law.
Article VII. Regulation of Government Officials
Citizenship requirement for government officials
(1) Any government official established by law or policy must be a citizen of Pacifica.
(2) The President or the Prime Minister may, at their discretion, authorize residents of Pacifica who are not citizens to participate in programs and activities under their portfolios, but such residents may not serve as government officials, including as deputies or military personnel of officer rank.
Automatic removal of government officials
(3) Any government official established by law or policy will be automatically removed from office upon loss of citizenship or their nation in Pacifica relocating or ceasing to exist.
(4) The President will be automatically removed from office upon their World Assembly nation in Pacifica resigning or being expelled from the World Assembly.
Article VIII. Out-of-character Administration
Regional administration
(1) The Founder will not be required by law to grant Executive power to the World Assembly Delegate, nor Border Control power to the World Assembly Delegate or any other Regional Officer.
(2) Nothing in this Constitution nor any law or policy will be construed to prevent the Founder or Regional Officers duly authorized by the Founder from banning any resident of the gameside region, or off-site property administrators from banning any user, for commission of a grievous out-of-character offense that:
a. Poses an unacceptable risk to the out-of-character safety or security of other players;
b. Poses an unacceptable risk to the out-of-character security of the gameside region or off-site property;
c. Violates the terms of use or service imposed by NationStates or an off-site property host.
(3) The Founder may manage regional recruitment and moderation of the gameside Regional Message Board, or may delegate such responsibilities to officials of the regional government of the Founder's choosing.
Founder succession
(4) Should the Founder wish to retire as Founder, they may determine their own successor, provided the successor is a citizen of Pacifica.
(5) In the event that the Founder nation ceases to exist, the President will assume all responsibilities and powers of the Founder, until such time as the Founder nation is restored, should that be possible, or until such time as the gameside region is refounded or a replacement gameside region is founded.
Article IX. Constitutional Conventions
Procedure for initiating a constitutional convention
(1) The Regional Congress may, by three-quarters vote, initiate a constitutional convention for the purpose of repealing and replacing this Constitution.
Basic procedure for a constitutional convention
(2) Following initiation of a constitutional convention, the Regional Congress will establish procedure for the convention by absolute majority vote. The Regional Congress may amend the procedure of the convention while the convention is ongoing by absolute majority vote.
(3) During a constitutional convention, this Constitution, the institutions and offices established by and under this Constitution, and all laws and treaties established under this Constitution, will remain in force, until a new constitution is adopted by the convention.
(4) Should the convention fail to yield a new constitution, the Regional Congress may, by absolute majority vote, adjourn the convention.
Constitutional Continuing Resolution
Whereas is it necessary to provide for continuity between the pre-constitutional interim government of Pacifica that preceded ratification of the Constitution of the Republic of Pacifica, therefore let it be
Resolved that the Regional Congress hereby establishes the World Assembly Delegate of Pacifica at the time of the Constitution's ratification as Acting President until an election for President has concluded;
Resolved that the Regional Congress hereby empowers the Acting President to preside over the Regional Congress until a Speaker is elected, and mandates that this power will be transferred to the newly elected President should the President be elected sooner than the Speaker;
Resolved that the Regional Congress hereby empowers the Acting President and the newly elected President to take summary measures to enforce regional security until such time as the High Court and Guardian Council are confirmed, and criminal law is established;
Resolved that the Regional Congress hereby recognizes citizens at the time of this Constitution's ratification as automatic citizens of the Republic of Pacifica, pending their taking the constitutional affirmation of citizenship, and further establishes that such citizens' seniority will be determined according to the time of the acceptance of their citizenship applications under the pre-constitutional interim government of Pacifica; and further
Resolved that this Constitutional Continuing Resolution will not take effect until the Constitution of the Republic of Pacifica is ratified by three-quarters vote of the pre-constitutional Regional Congress.
Resolved that the Regional Congress hereby establishes the World Assembly Delegate of Pacifica at the time of the Constitution's ratification as Acting President until an election for President has concluded;
Resolved that the Regional Congress hereby empowers the Acting President to preside over the Regional Congress until a Speaker is elected, and mandates that this power will be transferred to the newly elected President should the President be elected sooner than the Speaker;
Resolved that the Regional Congress hereby empowers the Acting President and the newly elected President to take summary measures to enforce regional security until such time as the High Court and Guardian Council are confirmed, and criminal law is established;
Resolved that the Regional Congress hereby recognizes citizens at the time of this Constitution's ratification as automatic citizens of the Republic of Pacifica, pending their taking the constitutional affirmation of citizenship, and further establishes that such citizens' seniority will be determined according to the time of the acceptance of their citizenship applications under the pre-constitutional interim government of Pacifica; and further
Resolved that this Constitutional Continuing Resolution will not take effect until the Constitution of the Republic of Pacifica is ratified by three-quarters vote of the pre-constitutional Regional Congress.
