Constitution of Lissatha

Constitution of Lissatha
Jurisdiction	Republic of Lissatha
Created	May 13, 1936
Presented	May 24, 1936
Ratified	December 19, 1936
System	Constitutional presidential federal republic
Branches	3
Chambers	Bicameral
Executive	President
Judiciary	Supreme, Circuits, Districts
Federalism	Federation
Electoral college	Yes
First legislature	August 20, 1938
First executive	August 20, 1938
Amendments	8

The Constitution of the Republic of Lissatha (Lissathan: Constitutagma dou o Demokratia dou Lisátha) is the supreme law of Lissatha.

Background

In 1842 MP Dimitrios Ferrari and a group of like minded individuals presented the Declaration of Rights to King Benito, which would've significantly limited his powers, Benito rejected this proposal and had Ferrari arrested, causing mass protest. In 1851 after years of anti-monarchist sentiment members of the recently formed Republican-Federalist Party, led by Giorgio Antonopoulos lead a coup against King Benito, a provisional government being set up with an amended version of the Declaration of Rights being put in place as the constitution. On June 14 King Benito was freed by a guard with monarchist sentiments and fled south to Gakretta, a civil war raged in Lissatha for the next 5 years before Benito was captured and arrested in 1856.

In 1856 after the end of the civil war revolutionary leaders met in Odiola to write the Constitution of Lissatha, after 7 months the constitution was ratified on December 19, 1856.

Original Frame

Preamble

The preamble to the Constitution serves as an introductory statement of the document's fundamental purposes and guiding principles. It neither assigns powers to the federal government, nor does it place specific limitations on government action. Rather, it sets out the origin, scope, and purpose of the Constitution.

Article I

Article I describes the Delaïkó, the legislative branch of the federal government. Section 1, reads, "All legislative powers herein granted shall be vested in a Delaïkó of Lissatha, which shall consist of a Senate and Chamber of Representatives." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 30 years old, be a citizen of Lissatha for 5 years, and live in the state they represent. Senators must also be at least 30 years old, be a citizen of Lissatha for 7 years, and live in the state they represent.

Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Delaïkó has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has the power to regulate and govern military forces and militias, suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Delaïkó has the power to define and punish piracies and offenses against the Law of Nations, to declare war and make rules of war.

Article II

Article II describes the office, qualifications, and duties of the President of Lissatha and the Vice President. 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.

The President of Lissatha is to be elected by electors, chosen by the individual states, for a six-year term. The president is the Commander in Chief of the Lissathan Armed Forces, as well as of state militias when they are mobilized. He or she makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government, the president commissions all the offices of the federal government as Congress directs; he or she may require the opinions of its principal officers and make "recess appointments" for vacancies that may happen during the recess of the Senate. The president is to see that the laws are faithfully executed, though he or she may grant reprieves and pardons except regarding Congressional impeachment of himself or other federal officers.

Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Section 5 provides the President with a line-item veto but also required any bill in which the president used the veto in to be resubmitted to both houses for a possible override vote by two thirds of both houses.

Article III

Article III describes the court system (the judicial branch), including the Supreme Court. The article describes the kinds of cases the court takes as original jurisdiction. Delaïkó can create lower courts and an appeals process, and enacts law defining crimes and punishments. Article Three also protects the right to trial by jury in all criminal cases, and defines the crime of treason.

Article IV

Article IV outlines the relations among the states and between each state and the federal government. In addition, it provides for such matters as admitting new states and border changes between the states. For instance, it requires states to give "full faith and credit" to the public acts, records, and court proceedings of the other states. Delaïkó is permitted to regulate the manner in which proof of such acts may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens. For instance, in criminal sentencing, a state may not increase a penalty on the grounds that the convicted person is a non-resident.

Article V

Article V outlines the process for amending the Constitution. There are two steps in the amendment process. Proposals to amend the Constitution must be properly adopted and ratified before they change the Constitution, 5/6 of the Senate needs to approve the amendment and 2/3 of the Chamber of Representatives needs to approve of it.

Article VI

Article VI establishes the Constitution, and all federal laws and treaties of the United States made according to it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." Article 6 also states that a religious test should not be a requirement for any public office.

Article VII

Article VII establishes that there is not a state religion of Lissatha and that Orthodoxy and Catholicism, the two largest religions in Lissatha, are to be held in equal regard. It also establishes general freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and right to petition.

Article VIII

Article VIII protects people against unreasonable searches and seizures of either self or property by government officials. A search can mean everything from a frisking by a police officer or to a demand for a blood test to a search of an individual's home or car. A seizure occurs when the government takes control of an individual or something in his or her possession. Items that are seized often are used as evidence when the individual is charged with a crime. It also imposes certain limitations on police investigating a crime and prevents the use of illegally obtained evidence at trial.

It also provides several protections and rights to an individual accused of a crime. The accused has the right to a fair and speedy trial by a local and impartial jury. Likewise, a person has the right to a public trial. This right protects defendants from secret proceedings that might encourage abuse of the justice system, and serves to keep the public informed. This amendment also guarantees a right to legal counsel if accused of a crime, guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused, and guarantees the accused a right to know the charges against them.

Ratified Amendments

Amendment I

Passed in 1892 after an attempted monarchist uprising, it was deeply controversial and continues to be so to today, as it strips Lissathan citizenship away from any former member of nobility unless they sign a contract guaranteeing full loyalty to the government of Lissatha. It also gave the President the ability to strip citizenship from those in "open rebellion against the government" and to take "special action to secure the stability of the nation". The first amendment has been very controversial due to it's vague wording and has been subject to multiple attempts to repeal throughout the years.

Amendment II

Passed in 1938, it prohibits the denial of the right to vote based on sex

Amendment III

Passed in 1968, Amendment VI set a one term limit for Presidents, it also established that if a Vice-President took power during the first half of a presidential term a special election for president is to be held that year. A Vice President who succeeds to the office of President for any length of time may not run for reelection except in this special election. A vacancy in the office of VP may be filled by a nominee by the president approved by 3/5 of both houses of the Delaïkó.

Amendment IV

Passed in 1983, Amendment VII prevented the President from pardoning themselves