Constitution of the North American Confederation
Preamble TO ALL WHOM THESE PRETENTS SHALL COME, be they of any race, creed, or other condition, the Delegates of the North American Confederation do ordain and establish this Constitution on the seventeenth of March in the two thousand and eleventh year of our Lord to ensure peace and tranquility, and have agreed upon conditions established in the First Year of Unification between the Democratic People's Republic of Eniarku, Empire of New Europe, and the Ohio Empire as a set of articles of Confederation and perpetual Union in the Words following, viz. “Articles of Confederation and perpetual Union”.
Article I – Naming, State’s Rights, and State’s Duties
Section 1.1
The Style of this Confederation shall be the “North American Confederation”.
Section 1.2
Each State retains its sovereignty, freedom, and independence, and every power, right, and jurisdiction, of which is not by this Constitution expressly delegated.
Section 1.3
Any territory claimed by States cleared to enter this Confederation will remain under control of the state, while any not expressly claimed by micronationalism may be incorporated in the Confederation.
Section 1.4
The said States herby enter a league of friendship, in order to promote the general welfare and defense, the security of their liberties, binding themselves to assist each other, against all force offered to, attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatsoever.
Article II – The Government
Section I – Basis
Section 1.1
The Confederate Government is herby declared a royal democracy under this Constitution and its guidelines; the Head of State, the Emperor, is to be a hereditary Monarch from the House of Hartmann-Peters, and the Head of Government, the Prime Minister, an elected official chosen by the People to act on their behalf.
Section 1.2
This Government shall consist of three branches: the Executive, Legislative, and Judicial branches.
Section II – The Executive Branch
Section I – Head of State
Sub-Section I - Powers
Section 2.1.1.1
The Office of Head of State shall be filled by “the North American Emperor”, who shall be styled as “Imperial Majesty”.
Section 2.1.1.2
The Head of State shall represent the Confederation in all matters abroad, as well as to advise the Government. The Head of State may engage in provisional relations with foreign nations on behalf of the Confederation.
Section 2.1.1.3
The line of succession for the North American Emperor will be regulated by Statute.
Sub-Section II – Restrictions and Limitations
Section 3.1.2.1
The Head of State may not interfere with the affairs of the Confederation’s states at any time with the said State’s consent. Section 3.1.2.2
The Head of State does not have the authority to make a declaration of war without the consent of the North American Congress.
Section 3.1.2.3
In the event of a defensive war, the Head of State may declare a state of crisis or emergency. However, this would not place State Militaries under the Confederate Government.
Section II – Head of Government
Sub-Section I – Powers
Section 4.1.1.1
The Office of the Head of Government shall be filled by “the North American Prime Minister”, who shall be styled as “His/Her Excellency”.
Section 4.1.1.2
The Head of Government shall manage the internal, day-to-day matters of the Confederation, as well as act as both Majority Leader and President of the Congress.
Section 4.1.1.3
The Head of Government shall head a Council of Ministers, which shall also be elected popularly as well.
Section 4.1.1.4
The Prime Minister may veto any Act passed by Congress once.
Section 4.1.1.5
A Prime Minister may serve an unlimited number of terms, each lasting a maximum of six months.
Section 4.1.1.6
The line of succession for the North American Prime Minister will be regulated by Statute. Sub-Section II – Restrictions and Limitations
Section 5.1.2.1
The Head of Government is elected by the People to serve them. If at any time the People deem the Prime Minister is not fit for service, they may bring the matter to the attention of the Congress.
Section 5.1.2.2
The Prime Minister, may not at any time during his or her capacity as such, interfere with the affairs of any of the Confederation’s States, without the consent of said State.
Section 5.1.2.3
The Head of Government has no right, at any time, make any Law or Regulation without the consent of Congress.
Section III – The Council of Ministers
Sub-Section I – Membership and Duties
Section 6.1.1.1
To gain Admittance to the Council of Ministers, one must have the following qualifications:
a) Must have served, or is currently serving, in the Congress for at least one term. b) Has been a citizen of the North American Confederation for at least one year (includes citizenship from member States). c) Is a resident of the North American Confederation.
Section 6.1.1.2
The Council of Ministers shall consist of the leaders of the following Ministries:
1) Ministry of Foreign Affairs a) To advise the Government on all matters regarding Foreign Policy. b) Members of the Ministry can act as Ambassadors to foreign nations without consent from the Head of State, so long as the Head of Government gives consent. c) Only members of this Ministry and the Head of State can act as foreign representatives and Ambassadors.
2) Ministry of Domestic Affairs a) To ensure the General Welfare of the internal organizations of the Confederation. b) To conduct and document a full Census every four months, and the ability to present citizenship information upon request from Government officials. c) To record all actions taken by State Government officials, as to avoid corruption or violation of the Constitution. d) To manage weekly reports to the Confederate Government from the State Governments.
3) Ministry of War a) To represent the North American Armed Forces in the Government; Officers of sufficient rank will be employed in the Ministry. b) The Ministry is responsible to regulate Military Statute, as well as drills and exercises for the Military. c) If the Ministry deems the regional chain-of-command incompetent, it may take the matter to Congress, and further action may be taken as necessary.
Section III – The Legislative Branch
Section I – North American Congress
Sub-Section I – Basis and Powers
Section 7.1.1.1
Under this Constitution, the Legislative body of the North American Confederation is the North American Congress, and has the power to ordain and establish laws in accordance with this Constitution.
Section 7.1.1.2
The North American Congress is to be separated into two Houses, each with their own independent powers: Upper House: The Senate Lower House: The House of Representatives
Section 7.1.1.3
The North American Congress has the power to create laws, to amend this Constitution, regulate taxes and coin and bill currency, and to raise and maintain an Armed Forces.
Section 7.1.1.4
The Head of the Congress is the Prime Minister of the North American Confederation, who is titled “the President of the North American Congress”.
Section 7.1.1.5
The Head of the Senate, the President of the Senate, is to be elected from the members of the Senate, and is elected for a six-month term. He or she is in charge of the day-to-day activities and to Chair the Senate.
Section 7.1.1.6
The Head of the House of Representatives, the Speaker of the House, is to be elected from the members of the House of Representatives, and is elected for a six-month term. He or she is in charge of the day-to-day activities and to Chair the House of Representatives.
Sub-Section II – Senate
Section 8.1.2.1
The Upper House of the North American Congress shall be titled “the North American Senate”.
Section 8.1.2.2
Members of the Senate shall be titled “Senator”, and styled as “Sir/Madam Senator”.
Section 8.1.2.3
The North American Senate has specific powers delegated only to itself, and they are as follows: a) Confirmation of federal appointments. b) To act as the Jury in the case of Impeachment. c) To confirm or deny any and all Bills passed by the House of Representatives, and later pass them to the Head of State and Head of Government.
Section 8.1.2.4
Senators are appointed and presented by the State that they are representing in any manner accustomed to the respective State, unless a regulated manner is determined by the Government.
Section 8.1.2.5
To become a Senator, one must complete the following requirements: a) Must be a citizen of the North American Confederation at time of appointment for at least one year (includes citizenship from member States). b) Must be a resident of the State in which he or she wishes to represent.
Sub-Section III – The House of Representatives
Section 8.1.3.1
The Lower House of the North American Congress shall be titled “the North American House of Representatives”.
Section 8.1.3.2
Members of the House of Representatives shall be titled “Representative”, and styled as “Sir/Madam Representative”.
Section 8.1.3.3
The North American House of Representatives has specific powers delegated only to itself, and they are as follows: a) The power to draft Bills. b) To decide if a public official has committed acts devious enough that he or she is worthy of Impeachment. c) To confirm or deny any and all Bills passed by the Senate.
Section 8.1.3.3
To become a Representative, one must complete the following requirements: a) Must be a citizen of the North American Confederation at the time of appointment for at least six months (includes citizenship from member States). b) Must be a resident of the State in which he or she wishes to represent.
Section II – Organization
Sub-Section IV – Organization of the Senate
Section 9.2.4.1
The North American Senate is to be organized according to Political Parties. Each Party is in a specific area of the Chamber, or diagram. The Majority Party will always be in the front-left.
Section 9.2.4.2
The North American Senate, after organized by Political Party, is to be organized by length of Service; the longest-serving Senators will be on the far, front-left, while the newest Senators will be in the far, back-right.
Sub-Section V – Organization of the House of Representatives
Section 10.2.5.1
The North American House of Representatives is to be organized according to Political Parties. Each Party is in a specific area of the Chamber, or diagram. The Majority Party will always be in the front-left.
Section 10.2.5.2
The North American House of Representatives, after organized by Political Party, is to be organized by length of Service; the longest-serving Representatives will be on the far, front-left, while the newest representatives will be in the far, back-right.
Section III – State Legislatures
Sub-Section VI – Basis and Powers
Section 11.3.6.1
Under this Constitution, the Legislative body of the States of the North American Confederation is the State Congress, and has the power to ordain and establish laws in accordance with this Constitution, as well as laws created by the North American Congress.
Section 11.3.6.2
The State’s Congress is to be separated into two Houses, each with their own independent powers: Upper House: The Senate Lower House: The House of Representatives
Section 11.3.6.3
The State’s Congress has the power to create state laws, to raise and maintain a Militia in the case of a defensive war, and to maintain the part of the Armed Forces it is held accountable for.
Section 11.3.6.4
The Head of the State’s Congress is the Governor of the respective State, who is titled “the Chair of the State Congress”.
Section 11.3.6.5
The Head of the State Senate, the Chair of the State Senate, is to be elected from the members of the State Senate, and is elected for a six-month term. He or she is in charge of the day-to-day activities and to Chair the State Senate.
Section 11.3.6.6
The Head of the State House of Representatives, the Speaker of the State House, is to be elected from the members of the State House of Representatives, and is elected for a six-month term. He or she is in charge of the day-to-day activities and to Chair the State House of Representatives.
Sub-Section VII – State Senate
See Sections 8.2.1.1 – 8.2.1.5
Sub-Section VIII – State House of Representatives
See Sections 8.1.3.1 – 8.1.3.5
Sub-Section IX – Organization of the State Senate
See Sections 9.2.4.1 – 9.2.4.2
Sub-Section X – Organization of the State House of Representatives
See Sections 10.2.5.1 – 10.2.5.2
Section IV – The Judicial Branch
Section I – The Judiciary
Sub-Section XI – The Supreme Court
Section 12.4.11.1
The Supreme Court is the highest Court of both Appeal, as well as interpretation of this Constitution.
Section 12.4.11.2
The Supreme Court is responsible for both the establishment and maintenance of lower, inferior federal Courts.
Section 12.4.11.3
The Supreme Court has the power of Judicial Review; the Court has the power to determine whether or not a Law passed by the Congress accords to the Constitution.
Section 12.4.11.4
The Supreme Court is composed of seven Justices; one Chief Justice, and six Associate Justices.
Sub-Section XII – The Federal Courts
Section 12.4.12.1
There are to be an unlimited number of federal Courts, which are to be inferior to and subject to the decisions of the Supreme Court.
Section 12.4.12.2
These federal Courts have jurisdiction only in their appointed Districts; said Districts are to be determined by the Ministry of Domestic Affairs.
Section 12.4.12.3
The head of these Districts and their respective Courts is the Federal Judge. These Judges are to be appointed by the Head of State, the North American Emperor, and confirmed by the North American Senate.
Sub-Section XIII – The Rule of Law
Section 13.4.13.1
No Official, be he or she in the Armed Forces, federal Government, a State Government, or Regular Citizen is above the Law.
Section 13.4.13.2
The Government has the power to Punish persons convicted of Crimes, and no matter the Circumstance, may he or she escape or otherwise avoid said Circumstance.
Sub-Section XIV – Law System
Section 14.4.14.1
North American Law is to be based upon Common Law.
Section 14.4.14.2
Judges appointed to the Supreme Court regulate Laws created by Congress, as per Checks and Balances.
Sub-Section XV – Court System
Section 15.4.15.1
The North American Court System is to be organized as follows: • The Supreme Court o Federal District Courts State-Level Supreme Courts • City-Level Courts
Section 15.4.15.2
Any decisions made by City-Level, State-Level Supreme, or Federal District Courts can be Appealed. However, any decisions made by the Supreme Court are final and indefinite.
Section V – Checks and Balances
Sub-Section XVI – Executive on Legislative/Legislative on Executive
Section 16.5.16.1
The North American Emperor or Prime Minister may check on the Congress by: a) Vetoing acts of Congress b) Calling special sessions of Congress c) Commander-in-Chief of the Armed Forces
Section 16.5.16.2
The North American Congress may check on the Emperor or Prime minister by: a) Approving federal appointments b) Overriding vetoes c) Authority to bring impeachment hearings d) Ratifying treaties e) Declaring war
Sub-Section XVII – Executive on Judicial/Judicial on Executive
Section 17.5.17.1
The North American Emperor or Prime Minister may check on the Courts by: a) Granting reprieves or pardons b) Appointing Judges to fill vacancies in the Courts
Section 17.5.17.2
The Courts may check on the North American Emperor or Prime Minister by: a) Interpreting laws and Executive actions b) Judges appointed by Executives c) Service is for life
Sub-Section XVIII – Legislative on Judicial/Judicial on Legislative
Section 18.5.18.1
The North American Congress may check on the Courts by: a) Approval of new Courts b) Impeachment of federal Judges c) Approval of Judicial appointments made by Executives
Section 18.5.18.2
The Courts may check on the North American Congress by: a) Interpreting laws b) Determining constitutionality c) Service is for life
Article III – The Armed Forces
Section 1.1
The Armed Forces of the North American Confederation are charged by Congress, the Executives, and the People to protect the nation and its People to its fullest capability.
Section 1.2
The Armed Forces is composed of the Army and the Navy.
Section 1.3
The North American Congress has control over the Armed Forces, while the North American Emperor is its Commander-in-Chief.
Section 1.4
The Armed Forces, in times of Peace, are divided into regiments by State; the States retain control of their respective regiments.
Section 1.5
The Armed Forces, in times of War, are one unified body under the control of the Confederate Government.
Section 1.6
The Ministry of War, in times of Peace or War, retains at least some control or total control, respectively, over the Armed Forces.
Section 1.7
No States can have standing Armies or Navies, without the permission of the North American Congress.
Section 1.8
The military ranks, precedence, and hierarchy can be determined at any time by the North American Congress.
Section 1.9
In the case that an Army is raised for the Common Defense, Colonels and Military ranks below Colonel will be determined and appointed by the State Legislatures.
Article IV – Amendments to this Constitution
Section 1.1
This Constitution can only be Amended by the Congress appointed by it, and only then with a two-thirds majority vote of its Delegates.
Section 1.2
An Amendment can be proposed in either House of the Congress. After this proposal, both Houses will create their own version of the Amendment. Afterwards, the Houses’ corresponding Committees shall come together and make any needed adjustments and vote on the Bill