Post by Culture of Life on Aug 11, 2018 22:57:21 GMT -5
THIRD CONSTITUTION OF RIGHT TO LIFE
Recognizing the equal dignity and the inherent human rights of unborn children, seeking to maintain a community that is a haven for the pro-life nations of the world, and forming a more perfect union, the nations of Right to Life hereby ordain their third regional Constitution.
Article I: Regional Citizenship
1. Citizenship shall be granted, upon application, to every person who is a resident of Right to Life, a member of the regional forums for at least seven days, and a supporter of the pro-life cause. No other person shall be naturalized.
2. To be pro-life under this Constitution, a person must be opposed to induced abortion in general; but he may tolerate limited exceptions in certain rare cases, specifically maternal life, maternal health, rape, incest, and serious fetal abnormalities.
3. The citizenship application shall require an oath or affirmation: "I, USERNAME, hereby affirm that I am pro-life; I am against induced abortion in all or most cases."
4. The regional government shall not process citizenship applications during senatorial elections and presidential elections, unless the citizenship application was filed before the election and would have been accepted at the time that it was filed.
5. From time to time and at the beginning of every senatorial election and every presidential election, the administrative branch shall purge the roster of citizens of forum members who no longer meet the conditions outlined in the first section of this article. However, at its discretion, the administrative branch may (without removing citizenship) simply warn a forum member who has temporarily allowed his residence in Right to Life to lapse but who has a nation that is located in a foreign region, that is active, and that can be contacted.
6. Without a reapplication, the administrative branch may automatically restore citizenship to persons who return to Right to Life, having held citizenship in the past.
7. The administrative branch, with or without a law, may suspend or remove citizenship in cases of egregious or extraordinary misconduct. However, such decisions shall not be immune from judicial review or executive clemency, unless a real-world crime is involved.
Article II: Declaration of Principles and Rights
1. Aware of the incalculable worth of each and every human life, Right to Life promotes the abolition of abortion on request, especially abortions that are performed merely or primarily for social or economic reasons. In addition, Right to Life supports elimination or reduction of the underlying causes of abortion. Right to Life does not advocate abortion in any case.
2. Right to Life shall be open to all supporters of the pro-life, or anti-abortion, movement. A variety of views shall be tolerated on other life issues, including capital punishment and assisted suicide. In Right to Life, permanent exclusion or expulsion of a pro-life person is justified only when the peace, order, or safety of the region requires it.
3. The sovereignty of Right to Life resides in the Founder of Right to Life, who controls the region and its forums, and in the citizens of Right to Life, who give the region its influence and vitality. The Founder and the citizens have a sovereign right to create the regional government and to alter or abolish it when it is conducive to their happiness and prosperity.
4. All citizens, without distinction, shall have full and equal enjoyment of the rights recognized and secured to them by this Constitution, provided they comply with the terms of use and service and with those laws and regulations that are necessary for the peace, order, or safety of Right to Life. Non-citizens, including pro-abortion visitors, shall enjoy the rights of citizens to an extent that is compatible with their status and with the requirements of hospitality.
5. All laws and regulations made and enforced by the regional government shall be reasonable and shall promote the common good. The regional government shall not make or enforce retroactive legislation, secret legislation, or bills of attainder, nor shall it make or enforce partial or special legislation, which unjustly favors one citizen or one group of citizens to the disadvantage of other citizens.
6. Citizens shall have the individual and collective right to express their opinions on all matters, provided the manner of expression is civil, the place of expression is proper, and the content of expression does not violate individual privacy or regional security.
7. Citizens shall have the individual and collective right to lobby and petition their governmental officials on all political matters, provided they do not engage in corruption, harassment, or similar immoral practices.
8. Freedom of the media, or the press, shall be respected subject to necessary limitations, identical with the aforementioned limitations on freedom of expression. The maintenance of a governmental news agency shall not be considered a violation of this freedom.
9. The right to religious liberty shall not be infringed. The regional government shall maintain a secular, or neutral, stance in all religious matters; but it shall not impose this stance on citizens. Citizens shall be free to follow their religions peacefully, to share their religious beliefs and practices with others, and to disagree peacefully with the religious beliefs and practices of others. Laws and regulations targeting proselytism or blasphemy are unconstitutional.
10. Freedom of conscience shall be inviolate. In their private capacities, citizens shall never be required to engage in expression or to perform actions that violate their most deeply held beliefs, or convictions. The regional government, leading a community that is open to all supporters of the pro-life movement, shall accommodate citizens whenever it is necessary.
11. Citizens shall have the right to associate and assemble for peaceful purposes. The regional government shall promote freedom of association by establishing reasonable and neutral criteria for groups of citizens to start and maintain civic organizations. Political parties shall also be permitted and recognized, provided they uphold the principles and rights affirmed in this Constitution and follow the democratic form of government used in Right to Life.
12. The regional government shall respect the privacy of citizens and the confidentiality of their private communications, except when violations of privacy are necessary for the peace, order, or safety of Right to Life or any citizen, especially in cases of threatened self-harm.
13. Citizens shall have the right to pursue vocations and avocations that are not harmful to themselves or others; they shall enjoy freedom of contract; and they shall have the right to use, manage, and defend their national properties, which shall not be expropriated or used by others without their consent. The regional government shall protect the rights of citizens to their flags, factbooks, and other national properties, especially those rights, specifically copyrights, that are mentioned in the terms of use and service.
14. Citizens shall have the right to direct the affairs of their own nations, including the freedom to answer daily issues according to their own beliefs or roleplays and, except for the World Assembly Delegate, the freedom to act in the World Assembly according to their own beliefs. However, answers on issues and votes in the World Assembly may be used as evidence, in appropriate cases, that a person is not, in fact, qualified to hold citizenship.
15. Freedom from aggression shall be preserved. To this end, the regional government shall prevent and punish personal attacks on citizens that are malicious, violent, or defamatory. The right to freedom from aggression, however, is not freedom from offense. Mere offense to the beliefs or sensibilities of citizens shall not be considered aggression.
16. Freedom of immigration shall not be infringed. The regional borders shall be closed only when it is necessary to protect the health, safety, or welfare of Right to Life.
17. The regional government shall respect the dignity of citizens. In all its proceedings, it shall treat citizens fairly and without unjust discrimination based on status or belief. Citizens shall be free from cruel, unusual, or degrading punishments; they shall have the right to sue governmental officials and to obtain appropriate injunctions from the judiciary when they are unjustly punished or when their rights are violated; and they shall have the right to legal representation for defending themselves against the government.
18. Citizens shall have the right to sue others and the right of private prosecution; and the regional government shall settle their disputes in accordance with law, custom, reason, and justice. In all such cases, the right to legal representation shall also be preserved.
19. The right to legal representation shall include the freedom to choose an attorney and, in cases of unpopularity or indigence, the right to have an attorney appointed.
20. All trials shall be impartial and speedy. Defendants shall have the right to be informed of the accusations against them, to examine the evidence against them, and to have compulsory process to obtain witnesses for their defense. In all cases, the burden of proof is on the plaintiff or prosecutor. Defendants shall be given the benefit of the doubt.
21. Citizens shall never be compelled to testify against themselves, nor shall they be twice subjected to prosecutions for the same accusation, or alleged crime, unless new and compelling evidence emerges after acquittal. The right to appeal shall also be preserved for defendants and, in appropriate cases, for prosecutors and plaintiffs as well.
22. In the interest of swift justice, reasonable time limitations shall apply to all legal actions, including lawsuits, prosecutions, and appeals; however, plaintiffs and prosecutors shall not be penalized for lack of timeliness when they have acted in good faith and have exercised due diligence. The judiciary shall use equitable tolling when it is appropriate.
23. The enumeration of rights in this Constitution shall not be construed to deny or disparage the existence of other rights, which may be defined or implied by regional law, longstanding regional custom, or the well-established laws or customs of the international community.
Article III: The Legislative Branch
1. The legislative authority of Right to Life shall be vested in the Congress, which shall have two houses. The lower house shall be called the Citizens' Assembly (or Assembly), and the upper house shall be called the Senate.
2. The Congress shall have the power to make laws, not inconsistent with this Constitution, on all matters concerning the governance of Right to Life.
3. The Assembly shall be composed of all citizens, including senators.
4. The Senate shall be composed of senators, elected in accordance with this Constitution and the laws of Right to Life. All senators shall be citizens, and no one shall serve simultaneously as the President and a senator.
5. Whenever a seat in the Senate is vacant, the President shall appoint a citizen to fill that vacancy for the remainder of the term of office.
6. Unless otherwise required by this Constitution, every decision in the Assembly shall be made by a simple majority vote, and every decision in the Senate shall be made by a majority of the whole number of senators (including absences and vacancies).
7. Each house shall determine its own rules and procedures, not inconsistent with this Constitution.
8. The Assembly's rules and procedures shall provide for a voting period of at least three days on all matters.
9. The presiding officer of the Assembly shall be called the Speaker. The Assembly shall elect the Speaker using a method previously established by law; it may remove the Speaker at any time and for any reason; and its rules and procedures shall provide for one or more deputy speakers, who shall preside when the Speaker is absent or when the speakership is vacant.
10. The senators shall be equal in status, and the Senate's rules and procedures shall regulate how they conduct their duties.
11. During the voting period of a senatorial or presidential election, the Congress shall be out of session, and all pending bills and other motions shall expire. When the election ends, a new session of the Congress shall begin.
12. All bills shall originate in the Senate. When the Senate passes a bill, it shall send the bill to the Assembly. Then, the Assembly shall consider the bill and either pass or reject it. After both houses have passed the bill, it shall be presented to the Founder for his assent.
13. Before it becomes a law, every bill passed by the Congress shall be presented to the Founder for his assent. If the Founder grants his assent, he shall sign the bill into law. If the Founder withholds his assent, he shall veto the bill. The Congress shall not have the power to override the Founder's veto.
14. When a bill is presented to the Founder for his assent, he may refer the bill to the High Court for an opinion on its constitutionality. All justices shall participate, and the High Court shall return a decision to the Founder in a timely manner. If the High Court returns a decision that the bill is constitutional, the Founder shall either sign the bill into law or veto it. If the High Court returns a decision that the bill is unconstitutional, the Founder shall veto the bill.
15. By law, the Congress shall establish executive ministries, which shall be directly accountable to the President. By law, it may establish executive commissions, whose members shall enjoy autonomy within the executive branch.
16. The Assembly shall have the power, by a simple two-thirds vote, to remove any senator, any member of the executive branch, or any member of the judicial branch. Anyone removed under this section shall be disqualified to hold office (as a senator, a member of the executive branch, or a member of the judicial branch) for fourteen days. The administrative branch shall be immune from the Assembly's power of removal.
Article IV: The Executive Branch
1. The executive authority of Right to Life shall be vested in the President and his subordinates, including ministers and commissioners.
2. The President shall be a citizen and World Assembly resident, and his subordinates shall be citizens.
3. The Senate may remove the President from office if he is inactive for fourteen or more days.
4. By executive order, the President shall maintain a line of succession, in which he orders the executive ministries from highest to lowest. Whenever the presidency becomes vacant, the highest-ranking minister who is eligible and willing to serve shall assume the presidency for the remainder of the term of office. If none of the ministers is eligible and willing to serve, the Founder shall make an emergency appointment, selecting a new President with the advice of the Senate.
5. The President is the head of government of Right to Life, and he is the World Assembly Delegate of Right to Life. As the head of government, he shall ensure that the laws of Right to Life, enacted by the Congress, are faithfully implemented; and he shall promote activity and involvement among the citizens of Right to Life. As the World Assembly Delegate, he shall represent Right to Life in the World Assembly. On World Assembly proposals, he shall act according to his own best judgment, provided he approves and votes for every General Assembly proposal that would advance the pro-life cause and does not approve and votes against every General Assembly proposal that would promote abortion.
6. The President shall have the power to appoint and dismiss ministers. The ministers may deputize citizens to help them perform their functions.
7. With the advice and consent of the Senate, the President shall have the power to appoint commissioners, whose qualifications and terms of office shall be fixed by law.
8. Every commission shall have at least three commissioners, who shall elect a chairman from their membership. The chairmen of commissions shall lead their commissions internally and shall represent their commissions externally, including in legal actions. Within the limits prescribed by law, commissions shall have the power to make rules concerning their own functions, especially their internal operations.
9. The President shall have the power to make executive orders on the internal operations of his own office and of executive ministries, on the implementation of laws enacted by the Congress, and on all other matters that the Congress has legally delegated to him. Furthermore, in the absence of legislation, the President shall have the power to make executive orders on foreign diplomacy and embassies; the organization, conduct, and discipline of the armed forces; applications for governmental employment; the registration, recognition, and regulation of political parties and civic organizations; and public health emergencies or other worldwide events that may confront or surprise Right to Life.
10. With the advice and consent of the Senate and the Founder, the President shall have the power to make or nullify treaties with foreign regions or international organizations.
11. With the advice and consent of the Senate, the President shall have the power to declare war on foreign regions or international organizations.
12. With the advice and consent of the Senate, the President shall have the power to grant clemency to criminals, including pardons, reprieves, and commutations.
13. The President should advise the Founder on the exercise of his powers (especially the veto), but such advice shall never be considered binding or judicially enforceable.
14. Following each senatorial election, the President shall deliver an address to the Congress on the state of the region. In this address, he should outline his accomplishments and goals, evaluate the performance of the officials whom he appoints, and recommend to the Congress such legislative measures as he deems appropriate.
15. The President shall not transfer the World Assembly delegacy (permanently or temporarily) to any other person or nation without prior approval from the Senate and the Founder.
Article V: The Administrative Branch
1. The administrative authority of Right to Life shall be vested in the Founder and his subordinates, including the Viceroy, in-game regional officers, forum administrators, and forum moderators.
2. The functions of the administrative branch are partially executive and partially judicial. Its determinations should be given appropriate deference, especially in cases of regional security.
3. The Founder is Culture of Life. He is the head of state of Right to Life, and he shall not be removed from office except with his consent and by constitutional amendment. Subject to regional law, he may exercise any and all powers granted by NationStates to his position.
4. The Founder shall have a Viceroy, whom he shall appoint and whom he may replace for any reason and at any time. The Viceroy shall have the full powers of an in-game regional officer and the powers of a forum administrator; he shall assist the Founder in the completion of his administrative tasks; and, whenever the Founder is absent from Right to Life for fourteen or more days, he shall assume and exercise the authority and powers of the Founder on a temporary or interim basis, serving in place of the Founder for all purposes whatsoever.
5. If the Founder foresees that he will not be fully active, in his own judgment, for any significant period of time, he may entrust to the Viceroy some or all of his authority and powers, to be exercised by the Viceroy on his behalf until he withdraws them.
6. The Founder shall have the absolute power to veto any enactments of the Congress; and he shall veto all enactments that, in his judgment, violate the foundational principles of Right to Life. When the Founder chooses to use the power of veto, there shall not be an appeal to any other authority. A veto is an exercise of his sovereignty and is final.
7. The Founder is primarily responsible for maintaining the region of Right to Life within NationStates and for ensuring its peace, order, and safety. To aid him in the performance of these duties, he may appoint and dismiss in-game regional officers as he deems fit. He is, however, strongly encouraged to appoint ministers to serve as in-game regional officers, especially in those areas of in-game officership directly related to their functions.
8. The Founder is primarily responsible for managing the offsite forums of Right to Life and for enforcing their terms of use and service. To aid him in the performance of these duties, he may appoint and dismiss forum administrators and moderators as he deems fit.
9. In addition to their aforementioned powers and duties, the Founder and his subordinates shall assist the other branches of the regional government in the performance of their functions; and they shall implement and enforce regional laws when it is proper.
10. If the Founder ever ceases to exist, the President and the Viceroy shall work together to ensure peace and order in Right to Life until the Founder returns or until the Senate, by a unanimous vote, passes an emergency constitution, which shall reorganize the regional government, pending a constitutional convention, in which all citizens may participate.
Article VI: The Judicial Branch
1. The judicial authority of Right to Life shall be vested in the High Court.
2. All justices of the High Court shall be citizens, and neither the President nor the Founder shall serve on the High Court.
3. The High Court is primarily responsible for interpreting this Constitution and the other laws of Right to Life; for ordering just punishments for wrongdoers not already punished by the administrative branch; for reviewing the legality of enactments made by the legislative branch; for reviewing the legality of actions taken by the executive branch; for reviewing the legality of actions taken by the administrative branch, especially ejections and forum bans; and for settling disputes to which citizens, residents, or their associations are parties. Punishments that violate regional law or natural justice shall, in all cases, be reversed.
4. This Constitution, made under the sovereign authority of the Founder and the citizens, shall be the supreme legal document of Right to Life; followed by the laws of Right to Life, made under the authority of the Congress; followed by the treaties of Right to Life, made under the authority of the President; followed by executive orders, made under the authority of the President; followed by the case law of Right to Life, made under the authority of the High Court. Determinations made by the administrative branch while it is performing its functions shall not have the force of law, but they should be given appropriate deference.
5. The High Court shall have three justices, who are appointed by the President with the advice and consent of the Senate. Each justice shall serve a nine-month term of office, and the term of office for one justice shall expire at the conclusion of every senatorial election. Reappointments to the High Court are permitted.
6. Whenever a seat on the High Court becomes vacant, the President shall appoint a citizen, with the advice and consent of the Senate, to fill that vacancy for the remainder of the term of office.
7. Every decision in the High Court, excluding trials, shall be made by a majority of the whole number of justices (excluding absences and vacancies).
8. From its own membership, the High Court shall elect a Chief Justice, whom the justices may replace for any reason and at any time. The two justices who are not the Chief Justice shall be called Associate Justices.
9. The High Court shall have the power to make rules concerning its own functions, including the conduct of trials and appeals and the assignment of justices to cases. However, the Congress, by law, may abolish, alter, or require such rules whenever it deems fit.
10. All trials shall be heard and decided by one justice, who shall be selected according to the rules of the High Court or, in the absence of such rules, by the Chief Justice.
11. All appeals shall be heard and decided by all three justices, including the justice who originally heard and decided the case at trial. In appeals, the justices shall have the freedom to publish concurring opinions and dissenting opinions.
12. Appellate decisions made by the High Court shall be considered binding precedent by the individual justices when they are sitting alone to decide cases at trial.
13. Unless it is required or authorized to do so by another part of this Constitution, the High Court shall not issue advisory opinions; and it shall not entertain legal actions where there is only a hypothetical and speculative, rather than a real and substantive, case or controversy.
14. Justices shall recuse themselves in all cases in which they have a conflict of interest. If a justice recuses himself or is otherwise absent, the remaining justices may appoint a citizen to serve in his place as a temporary and substitute justice.
Article VII: Senatorial Elections
1. Senatorial elections shall begin on the fifteenth day of the months of January, April, July, and October. There shall be seven days of nominations followed by three days of voting.
2. Senatorial elections shall take place publicly on the regional forums. Subject to such reasonable restrictions that the laws may impose, all citizens shall have the right to vote.
3. The number of senators and the method of their election shall be determined by law. However, no law altering the number of senators shall become effective until the senatorial election following the law's enactment.
4. The President shall break any ties that might occur in a senatorial election.
Article VIII: Presidential Elections
1. Presidential elections shall begin on the first day of the months of March, June, September, and December. There shall be seven days of nominations followed by three days of voting.
2. Subject to such reasonable restrictions that the laws may impose, the right to vote in a presidential election shall be held by citizens and by qualified World Assembly residents. A qualified World Assembly resident is a person who holds World Assembly membership in Right to Life at the beginning of the nominations period and who maintains that membership in Right to Life through the whole election process. In addition, a qualified World Assembly resident is a citizen who temporarily holds World Assembly membership outside Right to Life due to his service, during the presidential election, as a member of the armed forces.
3. In each presidential election, a system of weighted, first-past-the-post voting shall be used. Citizens shall cast their votes publicly on the regional forums, and qualified World Assembly residents (exempting members of the armed forces who are serving in a foreign region) shall cast their votes in a public poll on the main page of the region. Any person who is a citizen and a qualified World Assembly resident may vote twice (once in each area).
4. When the voting period has ended, the ballots of citizens and the ballots of qualified World Assembly residents shall be separately tallied. Then, the citizen vote and the World Assembly vote shall each be given fifty percent weight, thus ensuring that offsite players (as a group) and onsite players (as a group) are treated equally. Having been assigned appropriate weights, the votes shall be summed; and the candidate who finishes in first place shall become the President.
5. The Senate shall break any tie that might occur in a presidential election.
Article IX: Constitutional Amendments
1. The Senate shall have the power to propose amendments to this Constitution.
2. Every amendment proposed by the Senate shall be submitted to citizens at the following senatorial election or presidential election; and it shall be placed on the ballot in the form of a referendum, which shall last three days, overlapping with the electoral voting period.
3. If a simple majority of citizens votes in the affirmative, the proposed amendment shall be presented to the Founder for his assent. If the Founder grants his assent, the proposed amendment shall become a part of this Constitution. If the Founder withholds his assent, he shall veto the proposed amendment, thereby causing it to fail.
4. The Viceroy, when he is exercising the authority and powers of the Founder, shall not grant assent to any proposed amendment that would repeal or change Article V or Article IX of this Constitution.
Legislative History
> Ratified February 25, 2018, by 82% of citizens.
> Amended June 11, 2020, by 90% of citizens (adopting bicameralism).