Constitution of Zamastan

Constitution of Zamastan
File:Constitution de la Ve République (4 octobre 1958) Page 1 - Archives Nationales - AE-I-29 bis n° 19.jpg Page one of the original copy of the Constitution
Jurisdiction	Federal
Presented	August 5th, 1807
Ratified	September 29th, 1807
Date effective	September 31st, 1807
System	Constitutional Imperial Republic
Branches	2
Chambers	Bicameral, Congress Chamber and The Senate
Executive	President
Judiciary	Districts
Federalism	Federation
Commissioned by	Maple Canal Convention of 1807
Media type	parchment

The Constitution of Zamah St'an, now known as the Constitution of Zamastan as per the common name of the country, is the supreme law of the nation of Zamastan. It was ratified on September 29th, 1807, and it outlines Zamastan's system of government and the civil and human rights of those who are citizens of Zamastan and non-citizens in Zamastan. The original founding document comprised of seven articles, which established the national frame of government and bare rights of Zamastanian citizens. Since ratification, it has a total of 37 amendments including one repeal of a previous amendment, and an extension to another amendment. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into the legislative, executive, and judicial branches.

History

Upon the formation of Zamastan in 1804, President Tomias Hapson basically operated legislative and executive powers with no official documentation. Congressional Hall, though existing, operated as a legislative body under Hapson for the first 3 years of Zamastan's governence. Hapson was inaugurated on October 28th, 1804, taking the oath of office at Governor's Hill (later Congressional Hall)). His coach was led by militia and a marching band and followed by statesmen and foreign dignitaries in an inaugural parade, with a crowd of 10,000. General Thomas Pétion administered the oath, using a Bible provided by the Church of Zian, after which the militia fired a 5-gun salute. Hapson read a speech in the Congress Chamber, asking "that Almighty Being who rules over the universe, who presides in the councils of nations—and whose providential aids can supply every human defect, consecrate the liberties and happiness of the people of Zamastan".

Hapson wrote to George O'Galvin (who would one day become the third President of Zamastan): "As the first of everything in our situation will serve to establish a precedent, it is devoutly wished on my part that these precedents be fixed on true principles." To that end, he preferred the title "Mr. President" over more majestic names proposed by the Senate, including "His Excellency" and "His Highness the President". His executive precedents included the inaugural address, messages to Congress, and the cabinet form of the executive branch.

Hapson had planned to resign after his first six-year term term, but the political strife in the nation convinced him he should remain in office on the conditions that national elections be held every even-numbered year (meaning two years). He was an able administrator and a judge of talent and character, and he talked regularly with department heads to get their advice. He tolerated opposing views, despite fears that a democratic system would lead to political violence, and he conducted a smooth transition of power to his successor. He remained non-partisan throughout his presidency and opposed the divisiveness of political parties, but he favored a strong central government that monitered military and economic matters but stayed out of the libertarian rights of individuals.

Nationalists – most of them war veterans – organized in every established province (only Zian, Jade, and Northern Isle in 1807) and convinced Congressional Hall to call the Maple Canal Convention of 1807. Hapson, Taures, and founding fathers such as Henry Tiller, Thomas Pétion, and others constructed the Constitution of Zamastan, which laid the foundations of the government institutions and civil liberties of the nation, ultimately creating a much more powerful and efficient central government, one with a strong president (Hapson was officially elected in the first national election in 1808), and powers of taxation and military service.

Government powerlessness led to the Maple Canal Convention of 1807 which proposed a revised constitution with a two–chamber or bicameral congress. Smaller districts argued for equal representation for each district. The two-chamber structure had functioned well in district governments. A compromise plan, the Franco Compromise, was adopted with representatives chosen by population (benefiting larger districts) and exactly one senator chosen by every five specified district governments (benefiting smaller districts). The ratified constitution created a federal structure with two overlapping power centers so that each citizen as an individual was subjected to both the power of district government and the national government. To protect against abuse of power, each branch of government— the executive and legislative, along with District federal judiciaries— had a separate sphere of authority and could check other branches according to the principle of the separation of powers. Furthermore, there were checks and balances within the legislature since there were two separate chambers. The new government became active on September 31st, 1807.

Original Framing

Neither the Maple Canal Convention which drafted the Constitution, nor the Congress which sent it to the Districts for ratification in the autumn of 1807, gave it a lead caption. To fill this void, the document was most often titled "A frame of Government of the Imperial Confederation of Zamah St'an" when it was printed. This served as a convenience of ratifying conventions and for the information of the public. This Frame of Government consisted of a preamble, seven articles and a signed closing endorsement.

Article One

Article One establishes Congressional Hall as a bicameral legislature, consisting of the Congress Chamber and the Senate. The Congress Chamber and Senate must vote with a majority in order to pass a bill on to the other legislature. The bill needs a simple majority to pass. In the extremely rare event of a tie, the bill fails. In order for a bill to become law, it must be passed by both legislatures, although the President has some power to delay a bill. Additionally, a bill passed by a 2/3 majority of the Congress Chamber does not need to pass the Senate if the President chooses to sign the bill.

The members of congress serve two-year terms representing the people of a single constituency, known as a "district". Administrative districts are apportioned to districts by population using the Zamastanian Census results. Zamastan is broken up into five Administrative Districts, each of which contains 100 Congressional Districts. The Administrative Districts are represented by the Senate. The Congress Chamber represents the Congressional Districts, meaning 500 seats. The Senate represents the over-arching Administrative Districts, containing 100 seats. Each of the five Administrative Districts has a governor. All congressmen, senators, and governors are represented in the Congressional Hall.

To be eligible for election, a candidate must be aged at least 18, have been a citizen of Zamastan for five years, and be an inhabitant of the district which they represent.

Article One states "All powers deemed legislative herein granted shall be vested in a Congress of the Imperial Republic of Zamastan, which shall consist of a Senate and Chamber for Representatives of Locality." The Chamber and Senate are equal partners in the legislative process—legislation cannot be enacted without the consent of both chambers. However, the Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while the Chamber initiates revenue-raising bills. The Chamber initiates impeachment cases, while the Senate decides impeachment cases. A two-thirds vote of the Senate is required before an impeached person can be forcibly removed from office.

Article Two

Article Two describes the office, qualifications, and duties of the President of Zamastan. The President is head of the executive branch of the federal government, as well as the nation's head of state and head of government.

Article Three

Article Three describes the court system (the judicial branch), specifically designated to local Administrative Districts and the Supreme Court. The article describes the kinds of cases the court takes as original jurisdiction. Congress can create lower courts beneath the District Courts and can operate in an appeals process. Congress enacts law defining crimes and providing for punishment. Article Three also protects the right to trial by jury in all criminal cases, and defines the crime of treason.

Article Four

Article Four establishes the Constitution of Zamastan, and all federal laws and treaties of Zamastan made according to it, to be the supreme law of the land, and that "the judges and juries in every Administrative District shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding."

Article Five

Article Five describes the process for establishing the proposed new frame of government.

Article Six

Article Six outlines the process for amending the Constitution.

Article Seven

Article Seven outlines fundamental human rights of Zamastanian citizens. It also defines citizenship.

Article Eight

Article Eight outlines fundamental human rights of non-citizens in Zamastan.

Article Nine

Article Nine outlines the cases of trade and commerce within Zamastan. This has been the most amended article.

Article Ten

Article Ten outlines the eligibility for voting.

Amending the Constitution

The procedure for amending the Constitution is outlined in Article Six. The process is overseen by the Speaker of the Chamber.

Under Article Six, a proposal for an amendment must be adopted either by Congress or by a national convention. All amendments have gone through Congress as of 2019. The proposal must receive two thirds of the votes of both houses to proceed. It is passed as a joint resolution, but is not presented to the President, who plays no part in the process. It is signed and passed by the Speaker of the Chamber after ratification.

Ratified Amendments

11th Amendment

Establishes Tofino as a self-governing district within Zamastan with the same rights provided to provincial governments.
Adopted December 5th, 1807

12th Amendment

No one may be compelled to testify against themselves, that confessions obtained under duress are not admissible and that no one may be convicted solely on the basis of their own confession.
Adopted December 5th, 1807

13th Amendment

No one may be apprehended without an arrest warrant, save where caught in flagrante delicto. The 13th Amendment guarantees habeas corpus, right to counsel, and right to be informed of charges.
Adopted December 5th, 1807

14th Amendment

Zamastanian citizens are permitted to own firearms, with limitations to be set by provincial legislation.
Adopted February 16th, 1809

15th Amendment

Establishes a national census every four years.
Adopted September 4th, 1810

16th Amendment

Ensures free speech and freedom of the press. The federal government may not impose any restrictions against public speech.
Adopted September 5th, 1813

17th Amendment

Ensures freedom of assembly and non-criminal act protest.
Adopted September 5th, 1813

18th Amendment

Repeals the 11th amendment, reincorporates Tofino into the province of Zian.
Adopted October 12th, 1815

19th Amendment

The constitution guarantees equality before the law and outlaws discrimination against Zamastanian citizens based on "political, economic or social relations" or "race, creed, sex, social status or family origin". The right to vote cannot be denied on the grounds of "race, creed, sex, social status, family origin, education, property or income".
Adopted March 12th, 1816

20th Amendment

Restricts provinces from amending or removing federal constitutional amendments.
Adopted June 26th, 1820

21st Amendment

Allows for provinces to initiate the amendment process through the action of the state legislature or by popular initiative.
Adopted June 26th, 1820

22nd Amendment

Increases the number of justices on the Supreme Court to 9.
Adopted August 6th, 1820

23rd Amendment

Prohibits Congressional Hall from reducing the pay for incumbent justices on the Supreme Court.
Adopted August 6th, 1820

24th Amendment

Prohibits a poll tax for voting.
Adopted July 11th, 1821

25th Amendment

Authorizes Congress to limit, regulate and prohibit labor of persons less than eighteen years of age.
Adopted July 11th, 1821

26th Amendment

Ensures freedom of religion and the separation of church and state.
Adopted July 11th, 1821

27th Amendment

Clarifies that a constitutional amendment cannot be decreed by executive order and must be approved by Congressional Hall and upheld by the Supreme Court.
Adopted January 5th, 1842

28th Amendment

The project or the proposed revision of a constitutional amendment must be passed by both houses with identical terms. The review is final after being approved by referendum.
Adopted January 5th, 1842

29th Amendment

Accepts the annexation of Auraine
Adopted November 23th, 1954

30th Amendment

Lays out the process for vote-of-no-confidence against officials in the executive and legislative branches, as well as impeachment guidelines for judicial officials.
Adopted May 14th, 1962

31st Amendment

Equality between the sexes is explicitly guaranteed in relation to marriage and childhood education. Same-sex union and marriage is clarified as constitutional.
Adopted March 2nd, 1983

32nd Amendment

Extend the usage of 1996 national census population figures for provincial distribution of parliamentary seats.
Adopted February 23rd, 1996

33rd Amendment

Reestablishes a national census every two years.
Adopted February 23rd, 1996

34th Amendment

Establishes the Protectorate of Elborra as a Zamastanian dependency.
Adopted April 3rd, 1996

35th Amendment

Amends the 14th Amendment; selective-fire rifles that use intermediate cartridges and a detachable magazines are banned nationwide. Repeating firearm whose action mechanism automatically loads a following round of cartridge into the chamber are banned. Citizens who owned these firearms prior to the amendment are able to obtain a buyback for their firearms.
Adopted July 29th, 2019

36th Amendment

Grants Mayotte (formerly Mayotte), Auraine (formerly Aunistria), and Alutiana (formerly Alutia) soveriegn independence from the Republic of Zamastan.
Adopted January 1st, 2021

37th Amendment

Increases the available seats in the Senate to 108, with all provinces doubling their senate seats starting with the 110th Congress.
Adopted January 1st, 2021