Constitution of the Socialist Commonwealth

The Constitution of The North American Socialist Commonwealth is known as American Constitution for the Establishment of the Socialist Commonwealth, and was signed on 15. April 2031 (a day later celebrated in the Commonwealth as Constitution Day), and ratified in late November of the following year, which officially brought an end to the Provisional Government. It is outlined and written in the following fashion.

Preamble

In light of recent events, it is the view of all undersigned, that the previous systems of governance be deemed insufficient to meet the needs, nevermind the prosperity of all the people. We, the undersigned, therefore advocate for a new, more equitable system in favor of liberty, equality, and brotherhood in the name of ensuring that all people, regardless of race, ethnicity, language, faith (or lack thereof), sexuality, identity, or class, shall be given a nation where they can strive to be their best. We hereby sign this consitution, and establish a new Commonwealth for the North American people.

Main Articles

Article I - Guaranteed Rights of Mankind (Sapientkind)

Section 1 - Application: The rights presented below, and in further ammendments to the Constitution shall apply to all persons sapients who hold citizenship, or legal residency in the Commonwealth, or to those otherwise staying in the Commonwealth temporarily.

Section 2 - Rights

I: All persons (sapients) shall be granted the right to their own person, and will not be forcefully subjected, by the state, to serious physical or mental stress that they have not willingly volunteered for. All persons (sapients), will be granted the right to live, unless that right has been legally rescinded by due process of law, which shall include only the most grevious of crimes, wherein a duly appointed, or elected judiciary deems a person sapient to be nonrehabilitatable through normal means.

II: All persons (sapients) shall be granted the freedom to speak freely, barring those cases wherein the speaker advocates for violence against a group of people (sapients), and in doing so presents a serious threat to the safety of those persons (sapients). All press shall likewise be considered free to speak out however they see fit (with the same restrictions as persons sapients). A group of persons (sapients) shall be granted the right to gather in public, to protest actions made by the state, or by any other body, so long as no threat to human (sapient) life or substantial damage to property occurs.

III: All persons (sapients) shall be free to worship, or not to worship as they see fit. The only exception to this is in practices where a person is unwillingly harmed, wherein that specific practice shall be banned, but not the wider faith.

IV: All persons (sapients) shall be granted the right to privacy, which will not be violated without a duly issued warrant from a duly appointed jury, or a duly appointed or elected judiciary.

V: All persons (sapients) shall not be subjected to cruel or unusual punishment, nor be subject to excessive fines or bail, nor be subject prosecution for ex post facto law violations, nor be subject to double jeopardy for the same crime. No person (sapient) shall be subject to prosecution for a grevious crime summarily, and must be indicted by a jury of their peers. All persons (sapients) shall be granted the right to a fair, open, and speedy trial by a jury of their peers, presided over by a duly appointed, or elected judiciary, and shall have access to legal counsel free from monetary charge. No person (sapient), shall be required to be witness against themselves, and shall have the right to see witnesses against them, and shall have the right to appoint witnesses in their defense.

VI: All persons (sapients) shall be granted the right of access to basic necessities of life, being food, water, shelter, education, necessary medical care, and work (if nonstate sources cannot provide sufficient sources of income), by the state in whatever fashion is deemed fit by the state. If the state has been negligent in provision of these neccessities a person (sapient) is within their right to petition or file suit against the state for provision of these necessities.

VII: All persons (sapients) shall be granted the right of choice in their works, and shall be granted a voice in the very same, without fear of becoming unemployed.

VIII: All persons (sapients) shall be granted the right to personnal property, and to family property, which shall not be seized without due process of law or proper compensation. Nor may their assets be searched without due process of law, or a duly issued warrant. This right does not however, extend to "private property" wherein there is sufficient construction of goods, known to have a significant economic impact on a sustantial number of persons sapients.

IX: All persons (sapients) shall be granted the right to keep and bear arms should they prove themselves mentally stable, competent, and safe owners of said arms. This right shall not be infringed except in extreme circumstances in the name of public safety.

X: All persons (sapients) shall be granted the right to democratic governance on a national, district, and local level. And all who citizens who are of the age of majority are not to be denied elective franchise.

XI: Any rights not enumerated by the Constitution, shall be granted unless they are otherwise prohibited by appropriate constitutiona restriction, or by a law that has been upheld as constitutional, after having been challenged. Any such law may still be subject to reasonable legal challenge again after five years.

Article II - Citizenship, Residency, and Temporary Stay

Section 1 - Citizenship: A citizen is to be hereby defined as any person (sapient) born on Commonwealth soil or to Commonwealth parents, who has not actively rescinded their own citizenship. Citizenship is also to be granted to those who have gone through appropriate naturalization proceses and sworn an oath of loyalty to the Commonwealth and to its people (in this case anyone who is serving in the Commonwealth in a life threatening capacity shall be assumed to be a citizen). Any citizen who is of the age of majority (18), shall not be denied right of sufferage, and national laws are not prohibited from reducing this age further. Citizens shall be expected to serve as jurors, if called upon once in a year, and employers shall not infrige upon this duty. Citizens may also be expected to serve the Commonwealth in a life threatening capcity should the Commonwealth be in a state of war or other national crises, and a "Law of Conscription" have been passed for that particular crisis. Citizens are expected to uphold the laws of the Commonwealth.

Section 2 - Residency: A legal resident is to be hereby defined as any person (sapient) who has obtained a residency visa from the Commonwealth. Legal residents are allowed to live and work in the Commonwealth, and are not required to perform public duties, however they will not have right of sufferage. Permanent legal residents are expected to be actively seeking naturalization. If one's legal residency expires and they do not renew it, gain citizenship, or leave of their own volition, they are to be deemed illegal residents and may be deported after an appropriate trial as the state deems fit. Residents are expected to the uphold the laws of the Commonwealth, and may have their residency revoked if they violate more severe laws.

Section 3 - Temporary Stay: A visitor to the Commonwealth is any person (sapient) who is visitng the Commonwealth for a period of two months (eight weeks) or less, and has been permitted by the state to do so. Temporary visitors are expected not to work, and to maintain no permanent residence in The Commonwealth. If this period expires and one wishes to continue occupancy in the Commonwealth they are expected to obtain a residency visa. Those persons (sapients) whose permission to stay in the Commonwealth have expired may be summarily deported back to their homeland. Visitors are expected to uphold the Laws of the Commonwealth, and may be prosecuted for witting and willing violation of these laws, and are regardless deported back to their homelands if they have willingly violated these laws.

Article III - The Legislature

Section 1 - The wider Legislature: Upon ratification of this constitution there is to be a legislature for the Commonwealth. This legislature is to be a bicameral one. It shall be the primary writer of law, and shall be epected to vote on laws before passing them to the executive. It shall hold the power of national purse, and the power to make delcarations of war, as well as to ratify treaties. The legislature is to approve or disapprove of all high ranking national appointments as well.

Section 2 - The People's Parliament:

I: Upon ratification of this constitution there is to be the formation of a People's Parliament. This Parliament is to be formed of 1,500 major citizen members, all of whom are to be duly elected on a two year basis, through a represenation system.

II: The People's Parliament is to be the first to pass laws in the structure of governance. Most laws are to be passed by the Parliament on a simple majority basis. Those with signficant impact on the Commonwealth (through a motion proposed by the Parliament), or those that have been rejected for review by the Executive Branch are to be passed on a 2/3rds majority.

III. The Chief Officer of the Parliament is the General Secretary of the Parliament, who is to be appointed by the President, and approved of by the Parliament on a simple majority basis. The General Secretary is the presiding officer of the Parliament, and is expected to ensure parliamentary procedure is maintained. Additionally, in the event of a tied vote, the General Secretary is expected to be the deciding vote on a pass or fail measure.

Section 3 - The Congress of Soviets:

I: Upon ratification of this Constitution there is to be the formation of a Congress of Soviets. It is to be formed of 250 major citizen members, which is again to be broken down into 50 member blocs based on the five national soviets which are to be as follows; Indsutrial, Agricultural, Clerical, Government, & Intelligenstia. Citizens are to elect members to the Congress of Soviets pertaining to their own Soviet, or should they be completely unemployed (transitional employment), they are to elect members based on their former Soviet. The Congress of Soviets is elected ona three year basis, through a representation system.

II: The "spheres of influence" for each of the national soviets is as follows:

-Industrial: Any process that produces physical, non-food related goods, on a large scale. Anyone working in such a field is to be considered a member of the Industrial Soviet.

-Agricultural: Any process that produces food, on a large scale. Anyone working in such a field is to be considered a member of the Agricultural Soviet.

-Clerical: Any service related, or metaphyiscal production job, as well as non-government bureaucratic work. Anyone who is working in such a field is to be considered a member of the Clerical Soviet.

-Government: Any apparatus of Government. Anyone in such a field is to be a member of the Government Soviet, however sitting members of Parliament, the Congress of Soviets, the Minister's Counsul, and the President are barred from participating in these elections.

-Intelligenstia: Any field relating to higher academia or the advancement of science in the Commonwealth. Anyone in such a field is to be a member of the Intelligenstia Soviet. In light of the rising number of those without formal employment, but still possessing sufficient income to meet their needs are likewise to be considered part of the Intelligenstia Soviet.

III: The Congress of Soviets is to be the second to pass laws in the structure of governance. Most laws are to be passed by the Congress of Soviets on a simple majority basis. Those with signficant impact on the Commonwealth (through a motion proposed by the Parliament), or those that have been rejected for review by the Executive Branch are to be passed on a 2/3rds majority.

IV: The Congress of Soviets possesses the power of impeachment. They may, by 3/4ths vote move to impeach any sitting member of the government, who is deemed to have violated the constitution or committed some major crime against the Commonwealth, other than members of the Congress of Soviets. If a move has passed than the impeachment indictee is to be tried, and if again found to be guilty on a 3/4ths majority is to be removed from office and replaced.

V: The Congress of Soviets is to elect a member of their body to be the Chairman of the Congress of Soviets. The Chairman is expected to hold the Congress of Soviets to decorum, and is disallowed from voting on simple majority measures.

Article IV - The Judiciary

Section 1 - Compostion: There is to be a judiciary, known as the Supreme Court. This judiciary is be composed of 13 members, who are major citizens, and elected on a three year bases tethered to the Congress of Soviets, and elected by the aggregate vote of all Soviets. The Supreme Court is to be elected in with seats apportioned to specific parties based upon a set number scheme with largest getting 4 of thirteen seats, second getting 3 each, third getting 2, and fourth, fifth, sixth, and seventh each getting one.

Section 2 - Rulings: The Judiciary is to rule on the constitutionality of national law. If a national law is challenged it is the duty of the Supreme Court to debate its constitutionality of it. A ruling is to be passed on a simple majority basis. If a ruling is delivered in favor of the law, then it stands and the challenger is subject to whatever trial they may have outstanding. If a ruling is delivered against a law, than that law is struck down, and all pending trials are ended in a not guilty verdict. Those currently being punished for laws that have been struck down will continue to meet their sentences, barring any capital sentences which will be commuted to lifetime national service, with or without parole dependent on the case.

Section 3 - Impeachment: The Supreme Court has the power of impeachment for members of the Congress of Soviets. This is to be decided and enacted on two thirds majority, and in similar process to the Congress of Soviets' own power of impeachment.

Section 4 - The Chief Justice: The Judiciary is to be headed by a chief justice, who is be elected by the Supreme Court. The Chief Justice is to act as the presiding officer of the Supreme Court, and is to be the deciding vote in a tied vote.

Article V - The Executive

Section 1 - The President: There is to be President of the Commonwealth. The President's election is to be tethered to Parliamentary elections, with the party gaining the largest number of votes getting to select, from their own party the President. The President is required to a citizen of the age of majority.

I: The President with the Prime Minister has the power to sign laws into effect, or to reject them for review. Rejected laws that make 2/3rds majority MUST be signed by the President and Prime Minister. A signing or rejection is to be on a consensus basis. II: The President is the chief diplomat of the Commonwealth, and when it is reasonable, is expected to attend any major meetings to represent the Commonwealth and its interests abroad.

II: The President is the Commander in Chief of the Armed Forces of the Commonwealth, and may direct them anywhere they deem fit , so long as it complies with the Constitution, and the laws of the Commonwealth. The President is however, prohibited from sending military forces into the national waters of another nation, or onto their shores without permission from the host nation, or from the legislature through a declaration of war or a renunciation of statehood.

III: The President has the power to pardon, reprieve, or commute sentencing for those convicted of a national crime.

IV: Should the President die, or otherwise be permanently rendered unable to discharge their duties of office, the General Secretary of the Parliament is to take their place. Should the General Secretary likewise be unable to discharge presidential duties, the Chairman of the Congress of Soviets will take the General Secretary's Place. Should all three be unable to act as President, then there is to take place an emergency referendum to select a new President from candidates nominated by each party with representation in Parliament.

Section 2 - The Minister's Council: There is to a Council of Ministers elected by the people. There are to be seven ministers, one for each of the Commonwealth's ministries (to be defined below). Ministry elections are tethered to Parliamentary elections with the largest party from the general election getting three Ministries, the second getting two, and third and fourth each getting a single seat. How the seats are to be divided is entirely up to the four largest parties after each election.

I: The Ministries and their Responsabilities are as follows.

-The Ministry of Internal Affairs will exist as the primary administrator of infrastructural development, as well as of environmental protection, and the promotion of the general welfare of the people. The Minister of Internal Affairs is the adjudicator of the Internal Affairs Ministry, and represents it on the Council of Ministers.

-The Ministry of Education will exist as the primary administrator of all educational and scientific developments in the Commonwealth. The Minister of Education is the adjudicator of the Education Ministry, and represents it on the Council of Ministers.

-The Ministry of Aero-Space Affairs will exist as the primary administrator of the skyways and spaceways over the Commonwealth's sovereign soil, and the development of the Commonwealth's space program. The Aero-Space Minister is the adjudicator of the Aero-Space Ministry, and represents it on the Council of Ministers.

-The Ministry of Trade will exist as the primary administrator of enforcement of trade policy in the Commonwealth, as well as to its nonphysical economic development. The Ministry of Trade will also serve as the administrator of the Commonwealth's Central Bank. The Trade Minister will be the adjudicator of the Trade Ministry, and its representative on the Council of Ministers.

-The Ministry of State Security will exist as the administrator of all the Commonwealth's State Defense Apparatuses, excepting that of the armies of the Commonwealth. This is to include all national police and intelligence services, as well as more local police forces, though indirectly. Additionally the Ministry of State Security will be responsible for the protection of all Important Persons in the state of the Commonwealth, and its representatives abroad. The Security Minister will be the adjudicator of the State Security Ministry and its representative on the Council of Ministers.

-The Ministry of Foreign Affairs will exist as the representative of Commonwealth interests abroad. The Foreign Affairs Ministry will handle all embassies, representations, and international functions not pertaining directly to the security of the Commonwealth. The approval of a duly selected representative of the Commonwealth is a prerequisite for any international treaty or law to begin the process of recognition in the Commonwealth. The Foreign Minister is the adjudicator of the Foreign Affairs Ministry, and its representative in the Council of Ministers.

-The Ministry of War will exist as the administrator of the war power of the Commonwealth, and its means of martial defense. The Ministry of War will handle all matters of the military, barring those of movements of the troops, and will be the primary creator of military law. The War Minister is the adjudicator of the War Ministry and its representative on the Council of Ministers.

III: The Council of Ministers is to select from their body, a Prime Minister. The Prime Minister is to be the representative of the collective will of the Council of Ministers, through their signature on a law.

III: The Council of Ministers is collectively, to decide, through a means of their chosing whether or not to sign a law alongside the President, and to negotiate with both the Prime Minister and the President to best reach a consensus.

IV: Should a Prime Minister die or be otherwise rendered permanently unable to discharge their duties then another must be selected by the Council of Ministers until no Ministers remain, at which point an emergency general election is to take place.

Article VI - Devolution of the Commonwealth

Section 1 - Devolution: The Commonwealth is to be subdivided into Administrative Districts based on pre-existing borders. Each Administrative District has its own power of purse, and the ability to form its own law (barring ones in direct conflict with national law (Those with special treaties of annexation may ignore national law in all but the below case). No Administrative District may contravene the constitution under any circumstance.

Section 2 - Garuantee of Democracy for Districts: Administrative Distrcits are to provide some form of democratic governance to its citizenry.

Section 3 - Admission as a District: Any territory that wishes to enter the Commonwealth is to be first hold some sort of democratic paperwork agreeing to be bound by this constitution.

Article VII - The Military and War

Section 1 - Afirmation of Military Force: The Commonwealth is to be allowed a means to protect itself. This is to come in the form of a standing military. The military is to be divided into two portions. The portions are as follows:

I: The Commonwealth Defense Force, a broadly professional force for use by the Commonwealth to meet its foreign policy aims abroad. The Commonwealth Defense Force is to maintain at least a third of its force as active at any time.

II: The Citizen's Defense Force, a broadly volunteer force for use by the Commonwealth as a defensive force. The Citizen's Defense Force is not to willfully leave the sovereign territory of the Commonwealth under any circumstance.

Section 2 - Restrictions on use of the Military: The Commonwealth Defense Force is not to be deployed to foreign shores without the permission of the nation in question, a declaration of war, or a renunciation of statehood.

Section 3 - On Conscription: The conscription of citizens into the military may not occur without a Declaration of War being in effect.

Section 4 - Declarations of War and Renunciations of Statehood: A Declaration of War is to behave like a law in how it is passed, as is a Renunciation of Statehood. During a time of peace (as defined by the absense of either of these), the military may not act in an aggressive fashion.

Article VIII - The Market

Section 1: While many in the former United States had no problem with the market system, a primary mission of this constitution is to limit the excess of massive privately held enterprise. In light of this, in the Commonwealth all large forms of production and service are to be held cooperatively by the people, or to be held in trust to the state (though it is expected that the state will control no more than is necessary to ensure it can fulfill its duties as stated by the constitution). Small enterprise (those in employment of less than one hundred employees) may be held privately.

Article IX - Ratification & Ammendments

Section 1 - Ratification: As to the ratification of this constitution, in the name of quickly restoring stability and the dissolution of the provisional government. Ratification of this Constitution will be simple. Each proposed Administrative District will form a committee composed of a single member from each of the former states that comprise said district. This committee will then preside over a referendum to ratify this constitution. Due to short time, a simple majority will be all that is required to ratify or not ratify this constitution. Those districts which do not accept the referendum will be allowed to declare independence.

Section 2 - Ammendment: To ammend the Constitution a majority of the districts is call for a constitutional convention. At the convention the districts are to send a delegation of duly elected representatives to debate the wording of the proposed ammendment. After a deliberation period of six months, if no proposal is completed than the ammendment is to be scrapped. If at this time a proposed ammendment is complete, or indeed if such a proposal is complete before the deadline then the ammendment is put to vote, first by the Legislature of the Commonwealth, and then by the people, if both agree by a two thirds super majority, than the new ammendment is added to the Constitution, if not than the ammendment is scrapped, and a similar ammendment may not be drawn up for a period of five years.

Article X - On Slavery

Section 1 - General Positon: To better assert the position of the Commonwealth on the practice and institution of slavery (in case the bill of rights was insufficient), it shall be duly noted that the Commonwealth opposes slavery completely and whole heartedly.

Section 2 - Policy for Slaving Persons: Anyone who travels to the Commonwealth with the intention of slaving, or in possession of slavers, or engaging in activity that pertains to the practicing of slavery, will have those slaves in their position taken away from the slaver and liberated, and will be tried for the Crime of Slaving, and if found guilty will be executed by means of gas exposure.

Section 3 - Policy for Slaving States and Organizations: Any state which engages in slaving practices or, that practices the institution of slavery will be be summarily declared non-states, their assets in the Commonwealth will be seized, and if needs be liquidated, and they will be destroyed at the descretion of the Commonwealth Defense Force and the President. Any Non-State Actor which engages in similar practices will have all of its assets in the Commonwealth seized, and will likewise be destroyed at the discretion of the Commonwealth Defense Force and the President.

Amendments

1st Amendment

In light of the event colloquially referred to as "The Opening" , and the inclusion of non-human sapients into the Commonwealth, all references to the persons in the 1st & 2nd Articles of the Constitution will be replaced with "Sapients".

2nd Amendment

In light of the opening, and the troubles in integrating two territories into the Commonwealth, it is the opinion of the people of the Commonwealth that the clause, Those with special treaties of annexation may ignore national law in all but the below case to Article VI, Section 1.

3rd Amendment

See Article X.

4th Ammendment

See Article VII Section 4