THE THIRD CONSTITUTION OF THE UNITED PROVINCES OF EUTOPIA
I. Foundation and Principles
1. The United Provinces of Eutopia are a democratic federation of provinces.
a. Federal jurisdiction
The Federation shall have exclusive jurisdiction over matters of
federal finance
foreign affairs
immigration
citizenship
trade
customs
defense
intelligence
border security
counter-terrorism
industry
commerce
labour
non-renewable resources and mining
fisheries
federal law enforcement (capital, interprovincial and international crimes)
drugs
justice
property and civil rights
international and interprovincial land transportation
air travel and air transportation
navigation and shipping
postal services
broadcast and electronic media
communication (telephone, email etc.)
welfare
health
sports
the environment
national parks
b. Provincial jurisdiction
The Provinces shall have exclusive jurisdiction over matters of
provincial finances
intra-provincial land transportation
public works (water and sewers, dams, public works projects etc.)
forestry
energy and public utilities
agriculture
family
youth
education
language
culture
communities
science
technology
law enforcement (in all matters that do not concern capital crimes, interprovincial or international crimes, or drugs)
print media
municipalities
c. Residual powers
Any area not listed herein shall be the jurisdiction of the Provinces unless the Federation shall, by clear statement or act, make evident its desire to acquire jurisdiction.
2. The Federation adheres to the basic principles of rule of law, justice, and equality, and this Constitution shall be the ultimate manifestation of those principles.
II. The Federal Executive
1. The Offices of the Executive Branch
a. The Executive Branch of Eutopia shall consist of the President, the Cabinet, and their associated functions and personnel. The Vice President shall also be a member of the Executive insofar as may be necessary under this Constitution. These persons shall be elected in accordance with the procedures contained in Article V.
b. The President shall be the head of state and of government. The President shall be plenipotentiary in foreign policy issues and shall be the Commander-in-Chief of the Eutopian Defense Forces. The President shall enforce those laws properly passed by the General Assembly. The President shall oversee the Cabinet and its management. No person shall be elected President for two consecutive terms. Any bill passed by the assembly must be signed into law by the president, or otherwise vetoed. A vote in the assembly of two-thirds majority shall override a presidential veto.
c. The Vice-President shall be that person elected from among the members of the General Assembly to chair that body, pursuant to Article III, Section 4, and such rules as the members of the Assembly may create.
d. The Attorney General shall be the chief law enforcement officer, and shall defend Eutopia in the case of litigation against the nation. The Attorney General shall have charge over Federal law enforcement and the domestic intelligence agencies. The Attorney General shall enforce civil and property rights of Eutopian citizens, and ensure that the land borders of the country remain secure. The Attorney General shall act as prosecutor for the nation.
e. The Finance Minister shall regulate the industry, labor relations, domestic and foreign commerce of the nation, including customs; the natural resources of the nation, including forestry, mining, and fisheries; and Federal government finances, such as taxes.
f. The Interior Minister shall have charge over the lands and waters of Eutopia and the infrastructure necessary for the prosperity of the people, to include roads and railways, airports and seaports, the Coast Guard, environmental protection and national parks, including the Rangers, the postal service, and print and electronic media.
g. The Social Services Minister shall control matters relating to the general welfare of the Eutopian people, including welfare for the disadvantaged, the public health system of Eutopia, the Eutopian sports system, including the Olympic team, the general insurance funds of Eutopia, education, social exchange programs, Federally funded science and research programs, and drug control.
2. Removal, Impeachment and Succession
a. Any elected official of the Executive branch may be removed upon a finding by the President or, should the office in question be that of the President, by concurrence of the Vice President and two of the remaining Cabinet members, or by concurrence of three of the remaining Cabinet members. Such finding must conclude that the post in question is vacant due to the absence, incapacity, impeachment, or death of the official in question. The finding must be submitted to the High Court, who will rule only on the conformity of the finding with the formalities of this section.
b. The General Assembly may, with support of a majority of its members, institute impeachment proceedings against any Executive Branch official. Impeachment proceedings may be brought in the event of misconduct, willful refusal to fulfill the duties of office, or a false or misleading finding of removal. A single Member of the General Assembly shall be elected by that body to prosecute the case, and the Chief Justice of the High Court shall preside. Concurrence of two-thirds of the remaining Members of the General Assembly shall be necessary for conviction.
c. Should the office of the President become vacant, the Vice President shall fulfill the duties of President for the remainder of the term. The General Assembly shall elect a new Vice President.
d. Should the office of the Vice President become vacant, the General Assembly shall elect a new Vice President.
III. The Legislature
1. There shall be a unicameral legislative body known as the General Assembly. It shall consist of one hundred persons, appointed by registered and recognized political parties, in proportion to the percentage of votes garnered by that party in elections, as per Article V, except that no person may serve as a Member of the General Assembly who is also serving as a the chairman of a duly organized political party unless there exists a party legislator more senior than the chairman; nor may any person serve as a Member of the General Assembly who simultaneously holds an office in the Executive Branch, with the exception of the Vice President.
2. The General Assembly shall consider and vote upon legislation drafted by its members or proposed by the President or members of the Cabinet. Legislation shall be adopted upon a majority vote, except in the case of amendments to this document, which shall require a two-thirds majority of the members in favor.
3. The General Assembly shall, upon presentment by the President, consider and vote to approve treaties with foreign nations.
4. The General Assembly shall elect from among their number a Speaker to head that body. That person shall dictate the nature and length of debate on proposals before that body, and shall act as Vice President of the nation.
5. Members of the Assembly may be removed by their party for inactivity, willful refusal or inability to fulfill the duties of their office, or misconduct. The party controlling the vacant seat shall immediately nominate a new member.
IV. The Judiciary
1. The Judiciary will have two tiers; provincial courts and a Federal High Court. The High Court shall consist of judges learned in the law who are nominated by the President and approved by a majority of the General Assembly. The provincial judiciary shall consist of such lesser courts as the provinces shall create and fill in accordance with provincial law.
2. All cases shall originate in the provincial courts, except for those relating to high crimes or misdemeanors by members of the Executive or Legislative Branches, or matters relating to the powers of those Branches.
3. The High Court may judge and declare any action of government, either legislative or executive, to be in violation of this constitution. If so, said actions will be considered void. A vote of two-thirds in the assembly may overturn any such decision.
V. Elections
1. Every three years, elections shall be conducted to fill the elected offices of the Executive Branch and to determine the members of the General Assembly according to such regulations as the CRO may issue.
2. Each party properly registered with the Chief Registration Officer may submit to that Officer a ballot of offices it wishes to nominate a candidate for. This ballot shall list, in preferential order, the offices that the party wishes to control. The ballot may list any or all of the five electable executive offices, to include the President and the four Ministers.
3. Each party properly registered with the Chief Registration Officer may run for the General Assembly by any clear statement to the Officer to that effect. Any party running for the General Assembly is eligible for all seats in that body.
VI. The Budget
The President shall have responsibility for developing a budget at the beginning of each Term, which shall be submitted to the General Assembly and considered by that body as its first order of regular business following Speakership elections.
VII. The Eutopian Charter of Rights
Part A. Personal Rights
Art. 1.
[Assembly] All persons shall have the right to peaceably assemble and to associate with one another.
Art. 2.
[Movement] Citizens shall have the right to freely move within the country, and the right of citizens to re-enter the country may not be denied. This Article will be subject to the limitations and conditions of the Constitution. The Federal Parliament may limit this right based on compelling governmental interest.
Art. 3.
[Petition] All persons shall have the right to petition a court of law of the country for redress of such grievances and causes of action that the law of the country recognizes, and to petition their government on any matter.
Art. 4.
[Press] The freedom of the press shall not be denied.
Art. 5.
[Privacy] Every person has the right to privacy in his or her person, effects, and property.
Art. 6.
[Religion] The free exercise of religion shall not be restricted. The government shall take no role in religious affairs, and shall not sponsor or establish any religion.
Art. 7.
[Speech] All persons shall have the right - in public or in private - to free speech, expression, thought, and conscience.
Art. 8.
[Vote] The right of citizens who have attained the age of eighteen to vote in bona fide elections shall not be denied, except in the case of convicted felons, and then only under such circumstances as the Federal Parliament may designate.
Art. 9.
[Life] All persons shall have the right to life. The power of the government to execute persons convicted of capital crimes and sentenced to death, in accordance with the procedures mandated by the Federal Parliament, shall not be considered an infringement on this right; nor shall abortion or do-not-resuscitate orders be considered violations of this right unless the Federal Parliament shall mandate otherwise.
Art. 10.
[Education] All persons shall have the right to twelve years of education, starting at age six. All persons shall have the right to pursue whatever educational opportunities they are qualified for.
Art. 11.
[Profession] Neither the government nor private organizations or industries shall infringe upon the right of citizens to pursue whatever lawful calling they may choose, provided they are qualified for it. The government may establish reasonable testing procedures to guarantee qualification, provided those procedures do not conflict with this Article or other provisions of this Charter. This provision shall not be taken to preclude citizens from forming labor unions or other professional organizations.
Art. 12.
[Environment] All persons shall have the right to live and work in a safe environment conducive to their health, well-being, and personal growth.
Art. 13.
[Firearms] All Federal and Provincial government agencies, organizations, and commissions subject to this Constitution shall make no law, proclamation, ruling, or order violating in any way, shape, or form the right of Eutopian citizens to own and bear firearms, except in cases where public safety is threatened. Exceptions shall include, but not be limited to, those convicted of violent crimes, the mentally handicapped, and those unable to pass a federal firearms examination, which will consist of brief physical and psychological testing. These tests shall not exceed the ability of the average citizen.
Part B. Rights of the Accused
Art. 14.
[Arrest] No person shall be placed under arrest unless there exists probable cause to do so.
Art. 15.
[Personal search] All citizens shall be secure in their persons and attendant effects except insofar as is necessary to guarantee the safety of law enforcement officers, or in cases where the citizen consents to being searched. Personal searches may be conducted pursuant to a validly conducted arrest. In circumstances where arrest is unavoidably imminent, including but not limited to cases of hot pursuit or where illegal evidence is in plain view, searches may constitutionally be conducted as though the suspect was already under arrest.
Art. 16.
[Search of property, and seizure] The property of all persons, both real and personal, shall remain secure from unreasonable governmental intrusion, unless permitted by a duly authorized warrant. Such warrant shall be based upon probable cause, supported by oath or affirmation, and approved by a court. Such warrant shall designate
specifically the property to be searched. While conducting a search, government officials may seize only those things which may reasonably support an arrest and prosecution, or which may otherwise aid law enforcement in the conduct of their investigations.
Art. 17.
[Counsel] All persons arrested for a crime shall have the right to consult with counsel before, during, and after trial.
Art. 18.
[Bail] Bail shall be available in all cases, except those where the judge deems it imprudent. Bail amounts shall be proportional to the severity of the crime.
Art. 19.
[Grand jury] A grand jury shall be convened in all felony cases to determine whether the government possesses adequate evidence to proceed with trial.
Art. 20.
[Trial] Any citizen accused of a crime shall be informed of the charges against him prior to the first court appearance in respect of those charges. All persons accused of a felony shall be entitled to trial by a jury of their peers. All trials shall be conducted fairly, quickly, and within the public view. The accused shall not be denied the right to confront
the witnesses against him, nor the right to secure witnesses of his own.
Art. 21.
[Self-incrimination] In criminal cases, the accused shall not be required to testify against his or her interest before, during, or after trial.
Art. 22.
[Ex post facto laws] No citizen shall be subject to criminal charges for conduct completed when said conduct was made criminal.
Art. 23.
[Double jeopardy] No citizen shall be required to stand trial twice for the same crime.
Art. 24.
[Habeas corpus] No person detained within Eutopia's sovereign territory shall be denied the right to submit writs of habeas corpus to the courts for the review of government action.
Art. 25.
[Punishment and fines] No citizen shall be subjected to torture or any method of cruel or unusual punishment, nor the threat of torture or cruel or unusual punishment; nor shall any citizen be subject to fines out of proportion with the severity of their crime.
Part C. Governmental Guarantees and Strictures
Art. 26.
[Due process] The government shall at all times guarantee the due process of law as laid down by the provisions of the Constitution and as codified as customary international law.
Art. 27.
[Citizenship] Citizenship may be acquired via jus soli, jus sanguinis, or by other means designated by the Federal Parliament. Citizenship, once granted, is unconditional and may not be revoked.
Art. 28.
[Discrimination] No right or privilege, whether granted publicly or privately, by statute, code, regulation, common law, practice, or other means, shall be denied, abridged, or otherwise altered on the basis of race, color, ethnicity, sex, religion, national origin, sexual orientation, or indicia of those.
Art. 29.
[Sovereign immunity] No unit of government, or authority created or delegated by that government, may be brought to account in a court of law unless the government shall give its consent so to do. No such governmental agency shall be immune from justly adjudicated liability unless it is also immune from suit. No governmental agency may
utilize this section to deny redress under a substantive right guaranteed by the Constitution.
Art. 30.
[Extent of protection] The government shall at all times endeavor to protect the rights guaranteed herein, and the enumeration of the rights herein shall not be taken to deny additional rights to citizens as may be determined in accordance with this Constitution and the rule of law.