Constitution of USA

Constitution of the United States of America

We, the Congress and President of the United States of America, by the power invested in us by our Citizens and Constituents, do hereby validate this Constitution of Laws and Premises by which to better govern our Country. This Constitution is to be held sacred as the ultimate legal contract of our Nation : No one citizen, regardless of personal power, wealth, or influence, shall be considered exempt, nor shall any citizen ever be denied his rights and privileges as described herein.

I. INDIVIDUAL RIGHTS

i. Definitions: A “citizen” is defined as a person or persons who has been born in the United States or has lived in the United States for thirty (30) days. Any person or persons having move to the United States with the intention of living permanently shall be defined as an “immigrant” until he/she has lived in the country for the required time. Both citizens and immigrants may be defined as the collective term of “residents” of the United States.

1. All residents of the United States are considered equal in worth. No resident shall ever be denied his basic right of Free Speech, regardless of its content. Furthermore, it is the duty of the United States Government to protect and defend the right to free speech of its citizens, regardless of foreign interests.

2. All residents may have recourse to a fair and speedy trial as defined in section II, regardless of the nature of his/her crime. All residents have the right to an attorney and citizens may ask to have one appointed and paid for by the State, if he/she feels he/she may not adequately defend himself.

3. This constitution shall be considered a regulatory document, not a permissible one. As such, any and all rights not specified in this constitution are considered to be rights of the people unless legislated by the appropriate authorities.

II. JUDICIAL SYSTEM

1. Outline

The Judicial system of the United States is a balance of Judicial Entities and Federal powers enforced by the peer jury system and the monojudicial system. Under the Judicial System, all states comprising 20 or more active citizens (“active” as defined as having voted in the past mayoral election) are classified as their own judicial entities. States with under 20 active citizens may be grouped together at the discretion of the President until the active citizen threshold is passed. Should a judicial entity be comprised of multiple states, the mayors of said states shall appoint one of their own to be the Representative of the Judicial Entity. Should the mayors not be able to reach a consensus, one may be appointed by the President. A Representative shall be in power until he steps down, is voted out of his office, or is impeached (see III, 2)

2. Constitution of Courts

a. All judicial entities are responsible for enforcing any and all civil infractions as defined in (II, 4). Civil courts shall consist of one defending attorney, one prosecuting attorney as appointed by the Mayor, one judge, and five residents of the judicial entity acting as jury. The jury shall be chosen at random by the judge but may not participate if they are directly involved in the trial at hand. Should a juror be deemed unfit for duty by the judge, he must re-select until the required amount of jurors has been reached. In a Juror court, a verdict must be agreed upon by at least four of the five jurors. If a verdict of guilty is found, a sentence is pronounced by the Judge. Should four jurors be unable to reach a consensus, the judge may declare a “hung jury” and may either re-pick five new jurors or proceed to a monojudicial court.

b. Federal juror courts are similar to civil courts with the exception that jurors are selected on a country-wide basis and not state-wide. The prosecuting attorney is appointed by a Federal Official (chosen at the discretion of the President).

c. A monojudicial court consists of a defense attorney, a prosecuting attorney (appointed by either the Representative or the Federal Official depending on whether the infraction is civil or federal) and a judge deemed appropriately educated in the field. Monojudicial courts are to be held if either of the following conditions are met: Should the trial at hand be considered by the State to be too complicated or intricate for the layman to be able to made an educated and informed decision, or should the Judge be unable to find the necessary unbiased jurors to proceed with a juror court. In a monojudicial court, both the verdict and the sentence shall be decided upon and delivered by the judge.

3. Sentences

Possible sentences delivered by the judge may be the following:

a. A civil case may conclude with a fine, the amount of which may be decided upon by the judge but may not exceed fifty percent of the defendant’s total worth. The judge may also request a deportation certificate from the Federal Official should he deem the accused a danger to his fellow citizens or a repeat offender.

b. A federal case may conclude with a fine which may not exceed seventy-five percent of the defendant’s total worth, temporary suspension of privileges afforded to the individual, and/or temporary or permanent deportation. Should the case involve a government official, the judge may also recommend a speedy impeachment (see III, 2).

c. Failure to abide by a court judgment will result in permanent deportation from any and all regions of the country.

d. A defendant's "total worth" implies the amount of monies a person holds in any national currency or gold account at the time of the offense. Not included in this is government organizations such as a Federal Reserve that holds a countries monies.

4. Infractions

Because of the fluid nature of law and order, as well as human morality, no law shall be declared permanent other than the rights outlined in Section I. Rather, infractions shall be handled on a case by case basis. If a citizen feels he/she has been wronged by another citizen or organization, he/she may sue for damages by appealing to the local judge. This shall commence proceedings for a civil trial. If a mayor, acting as the will of his state presses charges, the case shall be deemed a federal one. However, if during a juror trial 3 jurors consider the trial to be frivolous, the case shall be dismissed and a fine levied against the plaintiff that shall not exceed one fifth of the plaintiff’s total worth. During a monojudicial trial it is the judge’s right to consider a case frivolous. Judges may also consider precedent a valid argument during a trial.

5. Government Representation.

The head of any governmental body may press charges as the organization proper. If the organization is a Federal one, the case shall be handled on a federal level. If it is a State organization, it shall be handled on a civil level. Managers may also represent the will of their companies in court.

6. Enactment of Powers herein listed

As a result of limited game mechanics, the preceding clauses (collectively "II") shall not be enacted, unless deemed necessary either by the people, the congress, or the President, until version 1 of Erepublik has officially released to all of the game citizens.

III. CONGRESSIONAL POWERS

Beyond the powers inherent in Congress, the Governmental body is also entitled to the following:

1.

Any five members of Congress may propose legislation. Congress may recommend with a 2/3 majority any federal legislation or law that shall be defended by a federal court. Any bill recommended in this manner may be rejected by the President. Should a bill be rejected, it must again pass through congress and receive a 3/4 majority to override the rejection. The president must propose any bill recommended by a 3/4 majority in Congress. The same process applies for amending any existing legislation.

2.

Congress may impeach any government official, regardless of standing in the government. To impeach an official, five members of Congress must approve the movement. From there, 2/3rds of Congress must approve of the impeachment for the impeachment to be declared valid. If a movement to impeach is brought on as a result of a trial as outlined in (II,3,b), it shall be considered a “speedy impeachment” and must be passed by half of congress in order to be validated. Should the congressman proposing the impeachment also be able to prove the defendant’s inactivity (as defined in IV.1), they may motion for an “impeachment due to inactivity” which may be passed by 2/3rds of congress in order to be valid. Should the defendant in question be a Congressman, his vote is negated for the process of his impeachment.

3.

Congress may amend any part of this Constitution so long as it receives 3/4ths majority approval.

IV. RESPONSIBILITY OF ELECTED OFFICIALS

1. Activity

A President may be deemed inactive if Congress finds that the progress of the legislative body has been delayed for a four-day period due to the inaction of the President without prior notification of absence. Removal of Mayors and Congressmen on grounds of inactivity may only be proposed if their absence causes similar delay.

2. Naming of Vice-President

The President shall, upon taking office, name a vice-president by posting a contract so declaring. The named vice-president must then state agreement following that contract. The Vice President shall assume all of the duties and responsibilities of a President in the event that the President is unable to perform their duties due to removal or inactivity.

3. Apres-Electoral Succession

A case in which the Vice-Presidential succession shall be superseded is that of a President removed due to electoral irregularities. In the event of such an occurrence, the candidate with the highest vote total in the most recent General Election shall take Presidential office.

4. Succession in the absence of a named Vice-President

Should the President, for whatever reason, not be able to fulfill all the duties and responsibilities of their office and have not yet named a Vice-President, the Presidency shall be awarded to the candidate with the highest vote total in the most recent General Elections.

V. REGULATIONS OF THE PRESIDENCY

1. Legal Age to Become President

a. Any citizen of the US cannot be considered a viable candidate for the US presidency unless they have been proven to be active for sixty-in-game days. If any citizen becomes the president of a political party, but is below the 60 day age requirement they will not be recognized as a viable candidate for presidency.

b. Any citizen of Erepublik who wishes to become the president of the US must live in the US for a period of forty-five days. Any citizen who is present on the ballot, but has not been in the US for more than forty-five consecutive days are not eligible to obtain the office of President

2. Recognition of a Political Party

a. All political parties created in the US are under a thirty-day probationary period. During this period if they amass the members to appear on the ballot their Party President is not a viable candidate for the presidency.