Constitution of the Californian Empire

Overview

The Constitution of the Californian Empire was drafted 18 September 2265 originally as the Constitution of the Californian Confederation and became effective 16 March 2267. When the formal name of the nation was changed to the Californian Empire, and the governmental structure of the nation was altered on 1 November 2275, the constitution was amended to reflect this. Before her abdication as Empress of the Californian Empire to her daughter Fiora Dévnostraéva, Selene Dévnostraéva amended the constitution to amend, clarify, and provide some necessary strength to articles where the text had been vague or contained no clear provisions. Of the significant differences from the 2267 Constitution; the clarification and strengthening of the role of the Empress as the Head of State of the Californian Empire in Article 3, Sections 1 and 2, the clarification of the President as the Head of Government of the Californian Empire, and limitation of the President's executive authority in Article 3, Sections 3 and 4, the enforcement of term limits for members of Parliament in Article 5.

The current Constitution of the Californian Empire drafted 10 November 2300, was submitted to Parliament on 15 November 2300. After a Parliamentary reading, the new constitution cleared all three chambers of Parliament. The 2300 Constitution was ratified on 20 November 2300 and will become effective 5 December 2300. The current constitution is referred to as the Selenian Constitution in regards to the primary author of the document, Selene Dévnostraéva.

Preamble

We the citizens of the Californian Empire, in affecting the unity of this nation, institute justice, guarantee national security, contribute to the defense of the nation, and support the universal interests, in securing the continued freedom, wealth, and prosperity for us and our descendants proclaim this Constitution for the Californian Confederated Empire.

The Californian Confederated Empire is a parliamentary constitutional, semi-presidential federal Monarchy.

Article 1: National Identity

The name of the country will forthwith be the Californian Empire, the Californian Confederated Empire or the Confederated Empire of California. The official name may be abbreviated to either of the following: California, the Californian Empire, the C.E, the C.C.E., the C.E.C.

Article 2: Charter of Fundamental Rights and Freedoms

The following rights and freedoms are intrinsic to the citizens of the Californian Empire, and shall be considered sacrosanct and irrevocable by the government of the Californian Empire. The rights and freedoms enumerated in this charter apply to all citizens who have not committed any crimes against the Empire, its government and its elected officials. All elected officials, including the President and members of the Quadrumvirate are subject to the terms set forth in this charter.

The government of the Californian Empire will endeavor to ban and combat all discrimination whenever it encounters it, for reason of sex, or color, of beliefs, of culture, of social or regional origin, of language, of handicap or whatever personal circumstance that may be.

Section 1: Basic Rights

All citizens of the Californian Empire have the irrevocable rights to life liberty and the pursuit of happiness.

The Government of the Californian Empire will endeavor to ban and combat all discrimination whenever it encounters it, for reason of gender, of sexual orientation, of gender identity, of race, of color, of beliefs, of culture, of social or regional origin, of language, of handicap or whatever personal circumstance that may be.

Section 2: Freedom to Possess Weapons

Subsection 1: Authorized Weapons

All citizens of the Californian Empire have the irrevocable right to retain in personal possession of themselves, their homes, and in any personal property any weapons for individual use solely for the purposes of self-defense. Weapons accepted by this constitution for personal possession are bows, crossbows, pistols, rifles, knives and swords, and any smaller bladed items.

Subsection 2: Unauthorized Weapons

Weapons listed as unacceptable for personal possession are grenades or any form of explosive device, any weapon that launches or propels rockets, grenades or missiles (which is to be interpreted as any form of a rocket that is controlled with a guidance system for use against aircraft, armored vehicles, buildings or any hardened structures). The only exception to this decree is when and only when these items are in use of the military forces of the Californian Empire.

Section 3: Freedom of Religion

Subsection 1: Freedom of Religion

All citizens of the Californian Empire have the irrevocable right to worship and practice the tenets of their religion as they desire. The government of the Californian Empire is avowedly atheist so as to remain completely non-denominational, and therefore as an official position of the government of the Californian Empire, that no individual religion will be endorsed or encouraged in any form at the expense of any other. The government will not suppress any religion practiced by any citizen of the Californian Empire.

Subsection 2: Freedom From Religion

All citizens shall have the right to be exempt of religious obligations, proselytizing, scrutiny, or other customs as related to their beliefs and adherents.

Section 4: Freedom To Property

The precepts of capitalism in every sense of its following and teachings is guaranteed by the laws and ordinances of the Californian Empire. All citizens have the irrevocable right to buy, sell, trade as well as own and hold property. Any expropriation of private property by the government of the Californian Empire must be reviewed and decided upon as a decree of the Californian Parliament on a case-by-case basis.

Section 5: Freedom of Speech

The citizens of the Californian Empire have the irrevocable right to the freedom of speech in all places and venues both public and private.

Section 6: Freedom of Press

The citizens of the Californian Empire have the irrevocable right to the freedom to print and broadcast anything and everything that would be guaranteed by the Freedom of Speech in all places and venues both public and private.

Section 7: Freedom of Association

Citizens shall have the right to public and private association, to form, operate, and participate in such organisations or contracts of business or party-affiliation, except in such cases of seditious, treasonous, or traitorous association or activity against the Californian Empire, its government, or its citizens.

Section 8: Rights of Accused Citizens

Subsection 1: Right to Due Process

All citizens of the Californian Empire have the irrevocable right to due process; this includes freedom from unreasonable search and seizure.

Subsection 2: Right to Confront Accusers

All citizens of the Californian Empire have the irrevocable right to confront one’s accusers, and the right to know the charges being filed against them.

Subsection 3: Right to Resist Self-Incrimination

All citizens of the Californian Empire have the irrevocable right to resist self-incrimination, the right to a fair trial by the Department of Justice, and the right to be judged by a jury of one’s peers.

Subsection 4: Rights In Criminal Prosecutions

All citizens of the Californian Empire have the irrevocable right to a speedy trial, and the right to appeal the charges against them in any court in the Californian Empire. All citizens have the right to appeal their bail in which the amount is considered excessively high.

Section 9: Freedom To Vote

Subsection 1: Freedom to Vote on Referenda

The citizens of the Californian Empire regardless of sex, race, ethnic background or creed who are eighteen or older are guaranteed the irrevocable right as representatives of their States, Overseas Departments and Territories of the Empire to issue, debate and vote on any laws and ordinances set forth by the Californian Parliament.

Subsection 2: Freedom to Vote in Elections

The citizens of the Californian Empire regardless of sex, race, ethnic background or creed who are eighteen of older are guaranteed the irrevocable right to participate as representatives of their States, Overseas Departments and Territories of the Empire in the election of officials to government office.

Section 10: Freedom of Opinion, Of Expression, and Of Assembly

Subsection 1: The Freedom of Opinion

The citizens of the Californian Empire shall have the irrevocable right to the expression of their opinions, both in public and private forums.

Subsection 2: The Freedom of Expression

The citizens of the Californian Empire shall have the irrevocable right to expression, the government of the Californian Empire will not exercise any law interfering in the expression of any individual. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

Subsection 3: The Freedom of Assembly

The citizens of the Californian Empire shall have the irrevocable right to peaceably assemble, and to petition the government of the Californian Empire for a redress of grievances.

Article 3: Executive Branch

Section 1: Head of State

The head of state of the Californian Empire shall be the Empress.

Section 2: Powers of the Empress

Subsection 1: Role of the Empress

The Empress is the chief of state of the Californian Empire, as well as the supreme Commander-In-Chief of the military forces of the Californian Empire as well as it's primary chief diplomat.

Subsection 2: Supreme Authority

The Empress, having absolute authority in regards to the government of the nation may exercise the power to completely bypass Parliament and sign legislation into law, unilaterally sign and ratify treaties with foreign nations.

Subsection 3: Power to Remove Federal Officials

The Empress retains the power to unilaterally remove any sitting President or any federal official from office, be it for “treason, bribery, or other high crimes and misdemeanors” or through a Parliamentary vote of no confidence if the official is deemed unfit or unable to hold that position.

Subsection 4: Power to Demand Reviews of Legislation

The Empress can demand of the three Chambers of Parliament that they must proceed to a new reading of any bill or proposal of law. The demand of a new reading is formulated by message. This new reading may not be refused.

Subsection 5: Power to Dissolve Parliament

The Empress can, after having consulted the President of the Constitutional Court and having informed the President, the President of the Senate, and the President of the Chamber of Delegates, and the President of the National Assembly, dissolve by Order, the three Chambers or one of them only. The dissolution takes place after a message addressed by the Empress to the Nation.

Subsection 6: Power to Call Parliamentary Elections

The election of the new Parliament, or of the new Chamber intervenes two months, at most, after the dissolution.

Subsection 7: Power to Dissolve Chamber(s) of Parliament

When one (or more) Chamber(s), if dissolved, that which succeeds it may only be dissolved one year after its election, except if no governmental majority can be established from within the Chamber newly elected.

Subsection 8: Role in Parliamentary Legislation

The Empress can engage the responsibility of the government before Parliament, on a declaration of public policy or on the vote of a text.

The confidence can only be refused or the text rejected with the absolute majority of the members composing Parliament. The vote may only intervene three working days after the question of confidence has been posed. The refusal of confidence results in the collective resignation of the government.

Subsection 9: Delegata Temporaria Potestas

The Empress through an act of Delegata Temporaria Potestas (the temporary delegation of power), can authorize the head of government to act on her behalf for a period not exceeding thirty days from the issuance of Delegata Temporaria Potestas.

Subsection 10: Imperial Orders

The Empress has the power to at any time issue an Imperial Order to the federal government, any Imperial Order made must not be in contravention of the Constitution. The Empress can issue an Imperial Order to nullify an executive order made by the President.

Section 3: Head of Government

The head of the government of the Californian Empire shall be the President.

Section 4: Powers of the President

Subsection 1: Role of the President

The President of the Californian Empire shall be the Second-In-Command of all the armed forces of the Californian Empire. The President will either endorse or veto laws and bills passed by Parliament. The President is empowered to issue laws or bills directly which go into effect immediately unless otherwise dictated. A law or bill passed by the President may be overturned by Parliament with a two-thirds majority vote.

Subsection 2: Public Policy

The Head of Government can engage the responsibility of the government before Parliament, on a declaration of public policy or on the vote of a text.

Subsection 3: Diplomacy and War

Both the Parliament and the President, with the consent of the Empress, have the power to declare war or enter into any treaty, pact or association or take part in any negotiations with a foreign power; however Parliament can enact a recommendation to declare war by a majority vote, or overturn a declaration of war by a two-thirds vote.

Subsection 4: Power to Dissolve Parliament

The President shall have the power by decree made in Parliament, after having consulted the Empress, and the President(s) of the Chamber(s) to dissolve the three Chambers of Parliament or one of them only, in such cases where the legislature has failed to, or is unable to perform the duties expected of the legislature, or of in times of dire need such as sedition or conflict, where such legislative function may be hindered or impossible.

The President presents before Parliament a declaration concerning, notably, the reasons and the objectives of the decision of dissolution.

Section 5: Term of Office

the President of the Californian Empire is elected a term of five years, to begin at the stroke of the ninth hour past noon, or twenty-one hundred hours on the Eighteenth of September. There are no limitations to the terms of office.

3 months, or 90 days from the end of each term, a popular election will be held to determine a new President and Vice President of the Californian Empire, or retain the incumbent President and Vice President.

Article 4: Cabinet

There shall be a Cabinet composed of Secretariats, who shall represent and hold authority for the major departments of government. The President may create, dissolve, divide or amalgamate departments as he or she sees fit. All Secretariats are members of Parliament, and like all members have the rights and authorities of Parliament.

Article 5: Legislative Branch

The Parliament of the Californian Empire

All legislative powers herein granted shall be vested in a Parliament of the Californian Empire, which shall consist of three chambers, a Senate, House of Delegates and a National Assembly.

The Parliament of the Californian Empire shall be implemented as a direct democracy; every citizen of the Californian Empire who has attained the minimum age of twenty-five years of age has the inherent right to hold office as a member of Parliament and its houses. Any order, resolution or vote is enacted by a majority vote; valid responses are either ‘Yes’, ‘No’ or ‘Abstain’. Voting on any ordinance, bill or law shall remain within given timetables set forth by Parliament after which all those members of Parliament who haven’t casted their vote are to be considered as having voted as abstaining.

The President of the Californian Empire shall have no authority to vote on any ordinance, bill or law at topic in Parliament, though he or she may debate the issue of the order, resolution or vote proposed there. If however there is a tie regarding the votes on an issue proposed by the members of Parliament, the Vice President retains the authority to place the tie-breaking vote.

Section 1: The Senate

The Senate of the Californian Empire shall be composed of five Senators from each state, two for each overseas department, and three for the Los Angeles, National Capital District, for five years; and each Senator shall have one vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the First Echelon shall be vacated at the expiration of the second year, of the Second Echelon at the expiration of the fourth year, and of the Third Echelon at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies are caused due to resignation or otherwise, during the recess of the legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

No person may be a Senator who hasn’t attained the minimum age of twenty-five years, and have lived as a citizen of the Californian Empire for a period of ten years, and who should not when elected be an inhabitant of that State for which he or she has been chosen.

The Vice President of the Californian Empire shall be the President of the Senate, but shall have no vote, unless they should be equally divided.

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of the President of the Californian Empire. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on Oath of Affirmation. When the President of the Californian Empire is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the Californian Empire; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

Section 2: The House of Delegates

No person shall be a Delegate who hasn't attained the minimum age of twenty-five years of age, and have lived as a citizen of the Californian Empire for a period of seven years, and who should not when elected be an inhabitant of that State for which he or she has been chosen. Delegates and direct taxes shall be apportioned among the several states and overseas departments within the Empire, according to their respective numbers, which shall be determined as the following.

The House of Delegates shall be enumerated by the populace of each state, overseas department and territory of the Californian Empire. As such, the number of delegates shall remain fixed at one delegate per five-hundred thousand people for each state, one delegate per five-hundred thousand people for the Los Angeles National Capital District, one delegate per one million two-hundred thousand people for each overseas department and territory. The term limit for each delegate shall remain fixed at a period of five years, eligible for re-election twice; and each Delegate shall have one vote.

The House of Delegates shall be composed of members chosen every second year by the people of the several states and overseas departments, and the electors in each state and overseas department shall have the qualifications requisite for electors of the most numerous Branch of the State Legislature.

Section 3: The National Assembly

The National Assembly shall be composed of the representatives from each state and overseas department within the Californian Empire and are elected to a term of five years, of which one-third are elected every two years. These representatives are limited to only five terms as governor of a state or overseas department. As such, once a representative who has reached their term limit at the end of their second term as a representative, they cannot take up office as the governor of another state or overseas department within the Californian Empire.

Article 6: Powers of Parliament

The Parliament of the Californian Empire shall have the authority to coin and print money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. To provide for the punishment of counterfeiting the securities and current coin or and bank notes of the Californian Empire.

To define and punish piracies and felonies committed on the high seas, and offenses against the Law of Nations; to declare war, grant Letters of Marque and Reprisal, and make rules concerning captures on land and water; to raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; to provide and maintain a Navy; to make rules for the government and regulation of the land and naval forces; to provide for the calling forth the militia to execute the Laws of the Californian Empire, suppress insurrections and repel invasions.

To assign a portion of land to be designated for the residency of the national capital, for the purposes of establishing a district to facilitate this district’s impartiality so as to remain unaffected by the legislation of any state, territory or overseas department that would affect legislation on the nation’s behalf.

To exercise exclusive legislation in all cases whatsoever over such National Capital District (not exceeding thirty miles square) as may, by cession of particular states, and the acceptance of Parliament, become the Seat of the Government of the Californian Empire, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the construction of forts, magazines, arsenals, dock-yards and other needful buildings.

Article 7: Judicial Branch

Section 1: Federal Courts

The Judicial Power of the Californian Empire will be vested in one Supreme Court and in such inferior courts as the Parliament may from time to time ordain and establish. The Judges, both of the supreme and inferior courts, will hold their offices during politesse, and will, at stated times, receive for their services a compensation which will not be diminished during their tenure in office.

Section 2: Jurisdiction and Trial by Jury

The judicial authority will extend to all cases, in law and equity, arising under this Constitution, the laws of the Californian Empire, and treaties made, or which will be made, under their authority; to all cases affecting ambassadors, other public ministers and servants, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the Californian Empire is a party; to controversies between two or more States, Overseas Departments, or Territories; between a State, Overseas Department, or Territory and Citizens of another State, Overseas Department or Territory; between citizens of different States, Overseas Departments, or Territories; between citizens of the same State, Overseas Department or Territory claiming lands under grants of different States, Overseas Department, or Territories, and between a State, Overseas Department or Territory, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and servants, consuls, and those in which a State shall be a party, the Supreme Court will have original jurisdiction. In all the other cases before mentioned, the Supreme Court will have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Parliament will make.

Trial of all crimes, except in cases of impeachment, will be by jury; and such trial will be held in the State, Overseas Department or Territory where the said crimes will have been committed; but when not committed within any State, Overseas Department or Territory, the trial will be at such place or places as the Parliament may by law have directed.

Section 3: Treason

Treason against the Californian Empire, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

Parliament shall have power to declare the punishment of treason, However, no statute of conviction against anyone charged with a felony or high treason shall be intentionally construed in any way to deprive any person convicted of such crimes the right to retain their property, or forfeit the right of their family to retain the property of any person so convicted should they be sentenced to death for their crimes.

Article 8: Amendments

The Constitution of the Californian Empire may be amended by a two-thirds majority vote from Parliament, plus the President’s endorsement. If the Empress proposes a Constitutional amendment, it needs only a simple majority vote to pass. All amendments to the Charter of Rights and Freedoms require a four-fifths majority Parliamentary vote, whether proposed by the President of the Californian Empire or not.

Article 9: State's Rights

Section 1: Freedoms of States, Overseas Departments and Territories

Each State, overseas department and territory retains its sovereignty, freedom and independence, and every power, jurisdiction, and right, which is not by this federation, is expressly delegated to the Parliament of the Californian Empire.

Section 2: Rights of States, Overseas Departments or Territories

The powers not delegated to the Californian Empire by the constitution, nor prohibited by it to the States, Overseas Departments and Territories, are reserved to the States, Overseas Departments and Territories respectively, or to the people.

Article 10: Sale, Trade or Secession of States, Overseas Departments or Territories

Section 1: Regarding States, Overseas Departments and Territories

All states, overseas departments and any territories currently under the possession of the Californian Empire are equally indivisible and perpetually in union; as such any order, resolution or vote on the sale or trade of any state, overseas department or territory within the Californian Empire is hereby branded unconstitutional.

Section 2: Statute Barring Secession

All states, overseas departments and any territories currently under the possession of the Californian Empire are expressly prohibited from the act of secession from the Californian Empire; as such any order, resolution or vote on the issue of one or more states’ secession is an act to be considered as nothing more than seditious or even treasonous in nature.

Article 11: Powers Limited to States, Overseas Departments and Territories

No State shall enter into any treaty, alliance or confederation; grant letters of Marque and Reprisal; coin money or print bank notes; make anything but gold and silver a tender in payment of debts; pass any ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

No state shall without the express consent of Parliament, set any imposts or duties on imports or exports, except what may be absolutely necessary for executing inspection laws; and the net produce of all duties and imposts. Laid by any state on imports and exports, shall be for the use of the Treasury of the Californian Empire; and all such laws shall be subject to the revision and control of Parliament.

No State shall, without the consent of Parliament, set any contractual obligation of tonnage, keep troops, or vessels of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not acknowledge impediment.

Article 12: New States, Overseas Departments and Territories

New States, Overseas Departments and Territories may be admitted by Parliament into this federation; but no new States shall be formed or erected within the jurisdiction of any other state; nor any state, overseas department or territory be formed by the junction of two or more states, overseas departments or territories, or parts of states, overseas departments and territories, without the consent of the legislatures of the States, Overseas Departments pr Territories as well as of Parliament.

Article 13: Prohibition of Slavery

Never at any time in this nation will slavery or any form of compulsory subjugation, except as penal labor as punishment for a criminal offense wherein the party will have been accordingly convicted, exist in any form within the borders of the Californian Empire, or in any state, overseas department or territory subject to the jurisdiction of law.

Article 14: Quartering of Soldiers

No soldier will at any time, be it during a period of war or peace-time be accommodated in any residential dwelling, without the explicit consent of the owner, unless advocated by law.

Article 15: Line of Succession

Section 1: Succession

Presidential Succession In case of the removal of the President from office or of their death or resignation, the Vice President shall become President.

Section 2: Nomination of the Vice President

Vice Presidential Vacancy Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of all three Houses of Parliament.

Section 3: Presidential Declaration

Presidential Declaration Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Delegates a written declaration that they are unable to discharge the powers and duties of their office, and until said individual transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4: Written Declaration

Vice Presidential-Cabinet Declaration Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Parliament may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Delegates their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Delegates a written declaration that no inability exists, said individual shall resume the powers and duties of their office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Parliament may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Delegates their written declaration that the President is unable to discharge the powers and duties of the office.

Thereupon Parliament shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Parliament, within twenty-one days after receipt of the latter written declaration, or, if Parliament is not in session, within twenty-one days after Parliament is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of the office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of their office.

Article 16: Definitive Statute Concerning Marriage

The definition of marriage is to be considered as such; all states, territories and overseas departments within the Californian Empire are to recognize that any marriage, be it between any members of the same or opposite sexes should be considered as legitimate as it would be as if it were a marriage between any members of the opposite sexes.

As such, all states, territories or overseas departments are restricted from authorizing any laws or statutes that would impinge upon any of the freedoms or rights enjoyed within this nation on any individuals because of their decisions to become married on the basis of their decision to become a same sex married couple.

Article 17: Salary of Parliament

No law shall take effect varying the compensation for the services of Senators, Delegates, or members of the National Assembly, until the beginning of the next term of office for all officials whose compensation is varied by the same.