Constitution of Wizlandia

Text

Preamble

We, the people of the Federal Republic of Wizlandia, in order to secure the blessings of liberty for ourselves and our posterity, proclaim the Second Republic, and declare this nation, as well as all persons residing within, free and independent from any foreign state. That in response to the tyranny of the First Republic, we institute these maxims of Government,

First, that all persons are endowed with natural rights, among these are the right to his life, liberty, and possessions. Such rights arise from a state of nature, and not from the state, society, or the work of other persons.

Second, that Government is instituted in order to secure these rights and advance the common welfare.

Third, that Government shall have sole power to institute and enforce the Laws of the land.

Fourth, that the first duty of the Law shall be to protect the people from their Government, the greatest threat to their rights and liberties.

Fifth, that any Law so instituted shall either secure these aforementioned rights or advance the common welfare. No Law shall grant privileges on the basis of ancestry, ethnicity, religion, sex, or trades.

Sixth, that to secure these rights against would-be tyrants, the powers of Government shall primarily lie with the States, Federal Law shall only be enacted with a super-majority consensus of both the people and the States, and the Laws of Government shall be subject to review by an independent and impartial judiciary.

And seventh, that the common welfare shall not give the Government carte blanche to infringe upon these rights. When a Government violates the security of the people, subjects them to arbitrary arrest and detention, restricts the free exercise of their conscience, takes an egregiously large portion of their possessions, or otherwise enacts excessive restrictions on their liberty, the people have the right to rebel and institute new Government that will better observe their rights.

To ensure the continuance of these maxims of governance, the Federal Republic of Wizlandia ordains this Constitution as legally valid within the jurisdiction of Wizlandia and its territories.

Article I

Section 1

Wizlandia shall consist of four-hundred electoral districts, the boundaries of each district residing within a State, and each district shall be apportioned in a manner such that the districts are compact, contiguous, and contain roughly equal populations.

The House of Commons shall consist of eight-hundred Representatives. Each electoral district shall elect one Representative to the House, and the remaining four-hundred Representatives are elected via a nationwide proportional party-list election. Elections to the House of Commons shall occur every fourth year, and shall be supervised by the Election Board. In the case of a vacancy from a Representative appointed from an electoral district, the Governor of the State in which the district resides may appoint a Representative to serve the remainder of the four year term. In the case of a vacancy from a Representative appointed via the nationwide party-list election, the party in which the Representative was a member of at the time he was elected may appoint a Representative to serve the remainder of the term.

Following the election of the Representatives, the Representatives shall elect from their ranks and by an absolute majority, the Chief Executive and the Speaker of the House of Commons. The Chief Executive's powers are enumerated in Article II. The Speaker of the House shall have the authority to regulate debate and maintain order. The Speaker may be overruled by a petition from a simple majority of the House. At any time, the House may remove the Chief Executive or the Speaker of the House via an absolute majority in the House.

The House of Commons may pardon convicted persons with the a three-fifths absolute majority of the House.

In matters affecting elections to State offices, with a petition of three-hundred and twenty Representatives, the House of Commons may authorise the Election Board to recount the ballots via an open process, as previously determined by Federal law.

No Representative shall hold any other political office in concurrence with his Commons office.

Section 2

The Senate shall consist of ten Senators per State, of which each Senator is elected by a State. An election for a Senator shall occur in every State every second year, and each Senator shall serve a twenty year term. Senate elections shall be supervised by the Election Board. If vacancies exist within the Senate, the Governor of the State in which the Senator resides may appoint a new Senator to serve the remainder of the twenty year term, whom shall not seek the office of the Senate after serving such a term.

The Senate shall elect from their ranks and by an absolute majority, a Secretary of the Senate, an Executive of Defence, and a Speaker of the Senate. The Secretary of the Senate shall serve on the Chief Executive's cabinet as the Senates chief liaison officer, the Executive of Defence shall serve on the Chief Executive's cabinet as the acting supreme commander of the Wizlandian military, and the Speaker of the Senate shall have the authority to regulate debate and maintain order in the Senate. The Speaker may be overruled by petition from a simple majority of the Senate. At any time, the Senate may remove the Secretary of the Senate, the Executive of Defence or the Speaker of the Senate via an absolute majority.

The Senate shall have the power to appoint a Judge to the Supreme Court in the event of a vacancy. A Judge of the Supreme Court is appointed with a three-fifths absolute majority. The Senate has the authority to remove a Judge of the Supreme Court with a three-fourths absolute majority.

The Senate may establish inferior Federal Courts, and to appoint and remove Judges to such courts, with a three-fifths absolute majority in the Senate.

The Senate exercises supreme command and control over the armed forces of Wizlandia and the police of the capital, whom it may delegate to members of the Strategic Command. The Senate has the authority to appoint and remove members of Strategic Command by an absolute majority.

The Senate has the authority to revoke membership in the Election Board with a three-fourths absolute majority in the Senate.

The Senate may pardon convicted persons with a three-fifths absolute majority.

The Senate may waive immunity and suspend other privileges enjoyed by Judges with a three-fourths absolute majority.

No Senator shall hold any other political office in concurrence with his Senate office, nor shall any Senator serve more than a single term, or hold political office after his term in the Senate.

Section 3

Senators and Representatives not elected by party lists shall be elected by the following method. Voters shall rank candidates on their ballot. In the first round, candidates shall be eliminated via single transferable vote until there are six remaining candidates. In the second round, voters shall rank the remaining six candidates on their ballot, and the Senator or Representative shall be elected using the Coombs rule on the second round ballots. All candidates not ranked shall be considered ranked last.

Section 4

Parliament has the power to enact laws, levy taxes, determine the budget, to borrow money on the credit of Wizlandia, to regulate interstate and international commerce, to coin money, to fix standard weights and measurements, to grant exclusive rights for a limited period to artists and inventors for their works and discoveries, to raise and support armies, to declare war, to enter into foreign treaties, to admit new States into the Federal Republic, and to repeal acts in part or in whole, with a three-fifths absolute majority of both Houses.

Parliament may repeal any act in whole, but not in part, or to establish a budget that does not levy new or raise existing taxes, or to admit new States, subject to restrictions in Article VI Section 1, with an absolute majority of both Houses.

Each House may determine the rules of its proceedings, and its members shall enjoy immunity from suits and prosecution, to be waived only with a three-fourths absolute majority from the House he is a member of.

Section 5

Parliament shall make no law that contravenes this Constitution.

Parliament shall make no law respecting the establishment of religion, nor shall Parliament fund or tax explicitly religious organisations.

Parliament shall make no law abridging the right of the people to own and bear arms.

Parliament shall not expel a member, nor prevent a member from voting on any resolutions at vote.

The Privilege of the Writ of Habeas Corpus shall not be suspended, nor shall a Bill of Attainder or ex post facto Law be passed.

No tax shall be levied on goods exported from any State, nor shall Parliament enact law giving preference to the ports or general commerce of any State.

No titles of nobility shall be granted by Parliament, nor shall any persons holding public office accept any gifts, emolument, office or titles from a foreign state.

Section 6

Parliament shall not condition Federal funds, spending or taxation with respect to the internal policies implemented by the States, nor shall the Parliament subsidise, grant tax exemptions, or enact taxes on any expenditure of the States. All Federal taxes on Personal and Corporate Income shall be levied on income prior to the application of any State taxes.

The Treasury of each State shall contribute one-tenth of its yearly revenue to the Federal Treasury.

The Federal budget shall not exceed one-fourth of the Federal gross domestic product, nor shall Parliament compel any persons to pay more than one-third of their yearly income in Federal tax, nor shall Parliament enact a tax on wealth.

Section 7

Parliament may pass a budget or law contravening Section 6 of this Article, provided such budget or law passes with a two-thirds absolute majority of both Houses, and such budget or law shall expire no later than four years after passage.

Parliament may, in times of crisis, restrict the rights guaranteed in Article VII, provided such law is enacted with a two-thirds absolute majority of both Houses, is narrowly tailored to advance a compelling state interest, and expires no later than four years after passage.

The Senate may, with an absolute majority of three-fourths of all members, propose a motion to eject a State from the Federal Republic, and that State shall be ejected, when ratified by three-fourths of all State Legislatures.

Article II

Section 1

The Chief Executive shall be a Representative of the House of Commons, and be elected by an absolute majority of the House. He shall serve as the official head of state and head of government of Wizlandia. At any time, the House has the authority to remove the Chief Executive by a motion of no confidence via an absolute majority in the House.

Section 2

The Chief Executive shall have power, with advice and consent of an absolute majority of the House, to appoint from the ranks of the House a Lieutenant Executive, a Chancellor of the Exchequer, an Executive of State, an Executive of the Interior, and an Attorney General, and the Senate shall have the power to appoint from their ranks the Secretary of the Senate, the Executive of Defence, and the Attorney General, and such officials shall compose the Executive Council of the Federal Government. In addition, with advice and consent of an absolute majority of the House, he shall appoint ambassadors, public ministers and consuls, and all other officers of state whose appointment are not herein provided for, but in which the Parliament may by law vest the appointment of such officers.

Members of the Executive Council shall be dismissed from his post only with the consent of an absolute majority of the Chamber of Parliament that appointed him.

Section 3

In the event of death or the incapacitation of the Chief Executive, as determined by a simple majority of the Executive Council, the Lieutenant Executive may assume the role of Chief Executive until the House can re-elect a Chief Executive, or the Chief Executive is able to resume his office. In the event that the Lieutenant Executive is also dead or incapacitated, the Executive Council may appoint any member of the House as Chief Executive, until the House can convene and re-elect a new Chief Executive, or until either the Chief Executive or Lieutenant Executive is able to resume his office.

Article III

Section 1

All judicial power shall be vested in one Supreme Court, in addition to inferior Federal Courts and State Courts that the Senate and the States may respectively ordain.

The Supreme Court shall consist of no more than eleven Judges, each of whom shall be appointed by the Senate via a three-fifths absolute majority, and may be removed only by a three-fourths absolute majority of the Senate. Each Judge shall serve a single twenty-two year term. No Judge shall hold political office in concurrence with his judicial office, or after retirement from the judiciary.

Section 2

The judicial power of inferior Federal Courts shall extend to all cases in law and in equity, arising from this Constitution, from Federal law, in cases involving ambassadors and public officers, in cases of admiralty, controversies in which the Federal Government or the State is a party, controversies in which citizens of different States are a party and in controversies in which a foreign state or person is a party.

The judicial power of inferior State Courts shall extend to all cases in law and in equity arising from State law, and in cases of Federal law in which Parliament may delegate by law.

Section 3

The judicial power of the Supreme Court shall extend to all cases in law and in equity, arising from this Constitution, and from all cases arising from the judicial power of inferior Federal and State Courts.

In cases affecting ambassadors, public officers, the Election Board, and those in which the State or Federal government is a party, the Supreme Court shall have original jurisdiction. In all other cases, the Supreme Court shall have appellate jurisdiction. The Supreme Court is the final court of appeals.

The decisions of the Supreme Court shall be rendered by a simple majority of the court.

Section 4

The trial of all crimes shall take place in a public court, and the defendant shall have all rights enumerated in this Constitution, in addition to others which the Parliament and State Legislatures may ordain.

This Constitution is the Supreme Law of Wizlandia, and the Courts of Wizlandia shall sever the relevant sections of any statute that contravenes this Constitution.

Section 5

For services rendered, Judges shall receive compensation from the Treasury of Wizlandia until death, that shall neither be increased nor diminished during their life, and shall be immune from suits or criminal prosecution, unless such immunity is waived by three-fourths of the Senate.

Article IV

Section 1

The Senate shall appoint eighteen civilians to the Strategic Command, seven of whom shall have the title of Field Marshall, four of whom shall have the title of Grand Admiral, four of whom shall have the title of Air Marshall, and three of whom shall have the title of Capital Police Commissioner.

The Strategic Command shall command the Wizlandian military and the capital police force, with each of the seven Field Marshall's having command of one-seventh of the Wizlandian Army, each of the four Grand Admirals having command of one-fourth of the Wizlandian Navy, each of the four Air Marshalls having command of one-fourth of the Wizlandian Air Force, and each of the three Capital Police Commissioners having command of one-third of the police force of the capital.

The Senate exercises supreme command and control of the armed forces of Wizlandia and the police of the capital, and the Strategic Command shall obey all lawful orders from the Senate.

Article V

Section 1

The Election Board shall consist of members appointed by the State Legislatures, of which a State Legislature may appoint at most one member per year. Members of the Election Board shall have lifetime membership, with membership only revoked by a three-fourths absolute majority of the Senate.

Section 2

In all matters affecting elections to Federal offices, the Election Board shall have jurisdiction in ensuring integrity of the political process, and shall allow relevant parties, such as but not limited to candidates and members of their campaigns, to observe the counting of ballots. In matters affecting elections to State offices, the Election Board shall have power, if directed by a petition of three-hundred and twenty Representatives of the House, to recount the ballots via an open process, as previously prescribed by Federal law.

Section 3

Every ten years, beginning upon the ratification of this Constitution, members of the Election Board shall convene to draw electoral districts for the House of Commons, and ensure that such districts are compact, contiguous, and contain roughly equal populations.

Article VI

Section 1

Parliament may admit new States via an absolute majority of both the House and the Senate, provided the State ratifies this Constitution and establishes a State Constitution enshrining a democratic form of government consisting of an elected State Legislature and Governor, and contains at least one million citizens at the time of ratification.

No new State shall be established from the territory of an existing State, nor be formed from several, without the consent of the respective State Legislatures.

Section 2

Upon admission to the Federal Republic, the new State shall elect one Senator to the Senate, and shall elect one Senator every Senate election, such that the State shall have ten Senators within twenty years of ratification.

Section 3

In the case of vacancy in the seat for a Representative from an electoral district in the State, or a vacancy in the seat for a Senator from the State, the Governor of the State may appoint a person to serve the remainder of said Representative or Senators term.

Every year, the State Legislature may appoint by an absolute majority, no more than one person to the Election Board.

Section 4

The State shall not enter into treaty, alliance or confederation, or coin money, or restrict movement within and between the States, or to impose duties, quotas, or give preference by laws or regulations on commerce from another State.

The State shall make no law that contravenes this Constitution or Federal law.

The State shall make no law respecting the establishment of religion, nor fund or tax explicitly religious organisations.

The State shall make no law abridging the right to residency within the State.

The State shall shall enact no tax on wealth, except for tax on the site value of land, and full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State.

The Privilege of the Writ of Habeas Corpus shall not be suspended, nor shall a Bill of Attainder or ex post facto law be passed.

Section 5

With a two-thirds absolute majority of the States Legislature and the consent of its Governor, a State may secede from the Federal Republic.

Article VII

Section 1

All residents of Wizlandia, irrespective of ancestry, ethnicity, religion or sex, are equal before the law and have equal rights and freedoms. The Legislatures shall not enact laws or grant privileges on such basis, nor shall the Courts deny any person equal protection of the laws.

Except for process outlined in Article I Section 7, the Legislatures shall not enact any law contravening the rights enumerated in this Article.

Section 2

All citizens have the right to seek political office in Wizlandia, including but not limited to all political offices outlined in this Constitution. Every citizen has the right to vote for the Representative to the House of Commons in the electoral district of his primary residency, to vote for a party in the nationwide party election, to vote for the Senator in the State of his primary residency, and to vote for elected officials to his State government.

No person born in Wizlandia shall be denied the right to citizenship, or denied the rights and privileges of citizenship.

Section 3

The Legislatures shall enact no law restricting the free practice of religion, or the freedom of speech, or of the press, or of the people to peacefully assemble, provided such acts do not defraud or defame private persons, infringe upon their rights to privacy, or of their rights to life, liberty and property. No speech shall be considered fraudulent or defamatory if its contents cannot be proven false by a plaintiff in a court of law.

Section 4

The Legislatures shall enact no law prohibiting persons from owning property, or infringing on their rights to privacy. Every person has the right to be protected from the warrantless search and seizure of their property, or the warrantless search of their persons. No warrant shall be issued by a magistrate, but upon probable cause, supported by oath or affirmation, and in particular describing the place and person to be searched, and the property to be seized.

No soldier shall be quartered in any house or property, without the consent of its owner, nor shall private property be taken for public use, without just compensation.

Section 5

The Legislatures shall enact no law abridging the rights of persons to free association, to choose their occupation, or to contract with other parties, unless such law advances a compelling public interest and is narrowly tailored. No person shall be compelled to join an association, or to enter into contract with another party. This Section shall not be construed to prohibit the Legislatures from passing laws regulating anti-competitive practices.

Slavery and involuntary servitude is prohibited, except in the case of criminal punishment, to be administered only after conviction, and such punishment shall not be cruel or inhumane.

Section 6

The Legislatures shall enact no law that is purposefully vague, and all criminal law shall make explicit what acts constitute a violation, and the maximum penalty that a court may impose under the law. In all cases of criminal law, should ambiguity of statutory interpretation arise, the Courts shall resolve said ambiguity in the manner that is most favourable to the defendant.

Section 7

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence. No person shall be tried twice for the same crime, nor be detained without probable cause or in excess of two days, nor forced to testify against oneself, nor be deprived of life, liberty or property without due process of law, where a court of law has ascertained his guilt beyond a reasonable doubt. The government shall bear the burden of demonstrating, by clear and convincing evidence, that any waiver of such rights shall be knowing, intelligent, and voluntary.

In all cases of trial by jury, a jury shall consist of twelve jurors selected from the civilian population, and the defendant shall have fair process, as prescribed by law, to reject prejudiced jurors. No person holding public office, or civil servant, or person tasked with the administration of justice in an official capacity, shall serve as juror. The defendant shall be convicted of the charges if at least eleven of the twelve jurors determine his guilt beyond a reasonable doubt, and acquitted otherwise.

All jury deliberations shall be conducted in private, and the Legislatures shall enact no law granting power to obtain compulsory testimony related to the deliberations of any jury.

Section 8

No person shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment, or to be imprisoned in excess of sixteen years for an offence, except when determined to be a serious threat to public safety by a court of law. Convicted persons deemed a threat to public safety have the right to a biennial review of such status, to be taken in a public court of law, and such status shall only be renewed if the state can demonstrate its revocation constitutes a probable threat to public safety.

All persons detained or imprisoned shall have the right to regular access of communication with family members and legal counsel.

Section 9

The Legislatures shall make no law abridging the right to residency within Wizlandia, or of any territories under its jurisdiction, or of the freedom to move within its territories, nor shall any person be denied the right to emigrate, without due process of law.

Section 10

No person shall be involuntarily committed to a mental institution, or be subjected to involuntary medical treatment.

Article VIII

Section 1

In all instances under this Constitution,

1 - The plural Legislatures shall refer to both Parliament and State Legislatures.

2 - the term absolute majority shall refer to a majority of total members, and the term simple majority shall refer to a majority of all members present.

3 - the use of pronouns he/his/him shall not be construed to restrict the rights and the privileges of this Constitution on the basis of sex.

Section 2

Judges of both Federal and State Courts shall interpret this Constitution based on the original meaning of the text at the time it is ratified.

Article IX

Section 1

Parliament, whenever an absolute majority of three-fourths of both Houses deem necessary, shall propose amendments to this Constitution, and that amendment shall be part of this Constitution, when ratified by three-fourths of all State Legislatures.

Amendments

Amendment 1

The terms of the Representatives shall end on the tenth day of December, and the terms of the Senators shall end on the eighteenth day of December.

No Senator shall serve as Executive of Defence for more than ten years.

Amendment 2

For the purposes of Article VII Section 8, capital punishment, dismemberment, or other punishment that results in severe and permanent physical or mental damage, shall be considered cruel and inhumane.