Articles of Federation

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The Articles of Federation
Constitution of the United States, page 1.jpg
Page one of the original copy of the Articles of Federation
JurisdictionThe United States of Sera
CreatedMay 20th, 1741
PresentedMay 21st, 1741
RatifiedJune 6th, 1741
Date effectiveJune 7th, 1741
SystemConstitutional monarchy federal republic
Branches4
ChambersBicameral
ExecutivePrime Minister
JudiciaryHigh Tribunal, Federal Courts, State Courts, Circuit Courts
FederalismFederation
Electoral collegeNo
First legislatureJune 7th, 1741
First executiveJune 7th, 1741
First courtJune 7th, 1741
Amendments30
Last amendedMay 5, 1992
LocationPalace of Kings, Kito'Bahari, Kado, Unified Sera
Commissioned byUnion of Seran Tribes
Author(s)Union of Seran Tribes
Signatories39 of the 55 delegates
Media typeParchment
SupersedesArticles of Unionization

The Articles of Federation is the supreme law of the United States of Sera. It establishes the government, enumerates the powers of the states and federal government, lists protections and limitations on the government an individuals, and provides an operating framework for the functions of the government and how the government can expand. The first sections of the document establishes the government and its powers while later section, known as the Bill of Civil Protections, limits these powers and grants protections to citizens.

Background

History

Establishing Government

The Preamble

Under the watchful gaze of the sky, the people of this land do ordain and establish the single country that is The United States of Sera, and lay the foundations for justice, the pillars of prosperity, and the unforsaken duty to defend, protect, and uphold the value of liberty in the establishment of the Articles of Federation for these United States of Sera.

Parliament

Section 1

All legislative Powers herein granted shall be vested in a Parliament of Unified Sera, which shall consist of a Senate and Chamber of Deputies.

Section 2

  1. The Chamber of Deputies shall be composed of members chosen every second year by the people of the state wherein which they reside.
  2. No Person shall be a Representative who has not reached the age of 18 or who has not, unless duly exempted due to religion or medical condition, served or is not currently serving in the Seran Armed Forces as required by federal law, and has not been a Citizen of the United States of Sera for at least 7 years. Further, no person shall act as Representative for a state if said person does not reside within the state.
  3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of persons, including those who do not have a caste. The actual Enumeration shall be made within three Years after the first Meeting of the Parliament of the United States of Sera, and within every subsequent Term of ten years, in such manner as they shall by law direct. The number of Representatives serving in the Chamber of Deputies of Unified Sera shall not exceed one for every thirty Thousand, but each State shall have at least one Representative.
  4. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
  5. The Chamber of Deputies shall choose their Speaker and other Officers; and shall have the shared Power of Impeachment with the monarch.

Section 3

  1. The Senate of the United States of Sera shall be composed of two senators from each state and chosen by the state wherein which they are representing every 4 years and each senator shall receive one vote.
  2. Senators may not serve more than two total terms consisting of four years for a total of eight years in office. These terms can be non-consecutive, however the total amount of time a person occupies the seat may not exceed the aforementioned limit of 8 years.
  3. No person shall be a senator if they have not, unless otherwise duly exempted from military service, served in the Seran Armed Forces or have not passed The Crucible and been assigned to a caste. No person shall represent a state that they have not lived in for at least five years and are not currently residing in.
  4. The Deputy Prime Minister of the United States of Sera shall serve as the Minister of the Senate and shall have no vote unless in the case that the senators become deadlocked in a tie.
  5. The Senate shall henceforth choose their own officers without intervention by the Executive Office or Monarchy. The Judiciary, if prudent, will make decisions about the legality of such selections at the request of the Senate, the Executive Office, or the Monarchy.
  6. The Senate will have the sole power of removal in the event of impeachment except when an officer is impeached by Royal Decree, and the power to try charges of impeachment with the Chief Justice of the High Tribunal overseeing the proceedings. The power to uplift the Monarch or Prime Minister to the level of High Chancellor in the event of mass unrest, if either the monarch or Prime Minister are unable to discharge the duties under which they are assigned, or some other great action that would require the investing of such powers into an individual is also the sole responsibility of the Senate.
  7. The Judgement of impeachment shall extend no further than the removal of the offending officer from office and the total disqualification from other federal office or office of honor within the United States of Sera. Any criminal charges that may arise must be tried by the courts wherein which the offenses occurred.

The High Tribunal

Section 1: Establishment and Composition

1.1 The High Tribunal of Unified Sera, hereinafter referred to as the "Tribunal," is hereby established as the highest judicial authority of the nation.

1.2 The Tribunal shall consist of a Chief Justice and no fewer than six Associate Justices. The number of Associate Justices may be determined by legislation, but shall not exceed a total of twelve.

Section 2: Jurisdiction and Authority

2.1 The Tribunal shall possess original jurisdiction in cases involving controversies between states, disputes arising under federal law, and cases affecting ambassadors, ministers, and consuls.

2.2 The Tribunal shall have the power of judicial review, with the authority to interpret the constitution, federal laws, and acts of national importance. Its decisions shall be binding on all other courts and branches of government.

2.3 The Tribunal shall have the authority to issue writs of certiorari, mandamus, and other extraordinary remedies as deemed necessary to fulfill its constitutional mandate.

Section 3: Nomination and Appointment

3.1 The Chief Justice and Associate Justices shall be nominated by the Prime Minister of Unified Sera and confirmed by a two-thirds majority vote in the Senate.

3.2 Nominees to the Tribunal shall be individuals of impeccable legal credentials, with a proven track record of expertise, integrity, and commitment to justice.

Section 4: Tenure and Removal

4.1 Justices of the Tribunal shall hold office for a term of sixteen years, subject to good behavior, with a maximum age of seventy-years of age.

4.2 A Justice may be removed from office through impeachment proceedings in the Senate for reasons of misconduct, incapacity, or other serious breaches of duty.

Section 5: Judicial Independence

5.1 The compensation of Justices shall not be diminished during their tenure, ensuring their independence from political influences.

5.2 Justices of the Tribunal shall be immune from any form of civil liability for their decisions rendered in good faith while serving on the bench.

Section 6: Chief Justice and Leadership

6.1 The Chief Justice of the Tribunal shall preside over all proceedings and hold the responsibility of administering the judiciary's administrative affairs.

6.2 In the absence of the Chief Justice, the senior Associate Justice shall assume the role of Chief Justice on an interim basis.

Section 7: Lower Court Review

7.1 The Tribunal shall have the authority to review decisions rendered by lower federal courts and state courts that involve matters of federal law or constitutional interpretation.

7.2 The Tribunal's decisions on federal matters shall supersede conflicting decisions by lower courts.

Section 8: Transparency and Accessibility

8.1 Proceedings of the Tribunal shall be conducted openly, and its decisions shall be made available to the public, ensuring transparency and accountability in the administration of justice.

8.2 The Tribunal shall provide accessible channels for citizens to petition for review, ensuring that justice remains accessible to all segments of society.

This Article III of these Articles of Federation hereby establishes the High Tribunal of Unified Sera as the supreme judicial authority, vested with powers akin to the highest court in the nation, responsible for safeguarding the constitution and ensuring the rule of law throughout the land.

Section 1: Establishment of Judicial System

1.1 The judicial power of Unified Sera shall be vested in a system of federal, district, and local courts, each functioning in accordance with the principles of justice, fairness, and equality under the law.

1.2 The federal judiciary shall comprise the High Tribunal and such inferior federal courts as may be established by the legislature in accordance with this constitution.

Section 2: Creation of Federal Courts

2.1 The legislature shall have the power to establish and organize inferior federal courts below the High Tribunal, including but not limited to appellate and trial courts.

2.2 The jurisdiction and functions of federal courts shall be defined by law, and their decisions shall be binding within the jurisdiction prescribed.

Section 3: Establishment of District Courts

3.1 District courts shall be established in each federal district as delineated by the legislature. These courts shall possess original jurisdiction over cases arising under federal law and controversies between citizens of different states.

3.2 The legislature shall determine the number and boundaries of federal districts, considering factors such as population, geography, and caseloads.

Section 4: Local Courts and State Legislature

4.1 The power to create, organize, and define the jurisdiction of local courts is hereby vested in the state and local legislatures.

4.2 Local courts shall be established by state and local legislatures to handle matters of local concern, ensuring accessibility and swift resolution of disputes within communities.

Section 5: Judicial Autonomy and Appointment

5.1 Judges of federal, district, and local courts shall be appointed based on merit and legal expertise, with consideration for diversity and impartiality.

5.2 The appointment of judges to federal courts shall be conducted by the President and confirmed by the Senate.

5.3 The appointment of judges to district and local courts shall be determined by state and local legislatures, respectively, in accordance with their own legal frameworks.

Section 6: Independence of Judiciary

6.1 Judges of all courts shall hold their offices during good behavior and shall not be subject to arbitrary removal.

6.2 Adequate compensation for judges shall be ensured, preventing any undue influence on their decisions and preserving their impartiality.

Section 7: Review by Higher Courts

7.1 Decisions of local courts may be appealed to district and federal courts on matters involving federal law, ensuring consistent application of laws and protections.

7.2 Decisions of district courts may be appealed to federal courts in cases raising substantial federal questions, promoting the uniform interpretation of federal law.

Section 8: State and Local Judicial Autonomy

8.1 State and local legislatures shall have the authority to establish and organize local courts, subject to the principles outlined in this constitution.

8.2 Local courts shall have jurisdiction over matters of local concern, ensuring that justice is administered in a manner that reflects the values and needs of each community.

The Executive Office

The Monarchy

Bill of Civil Protections

  • Amendment I

The Right to the Freedom of Speech shall not be infringed upon nor shall speech even against the monarch or government be punished or censored.

  • Amendment II

Every citizen of Unified Sera has the right to gather and protest in a peaceful manner. This right to gather and protest peacefully against the government shall never be infringed. Further, the right to petition the government for a redress of grievances will never be infringed upon except for cases of national or public security.

  • Amendment III

Citizens of Sera have the right to a just and fair trial exacted at a timescale that does not do undue harm to a person finanically, socially, or physically, nor shall citizens be imprisoned for a time longer than two weeks without a preliminary hearing or trial. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

  • Amendment IV

Citizens have the right to practice or abstain from any religion they choose both in private and public so long as it is done peacefully.

  • Amendment V

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 favor, and to have the assistance of counsel for his defense.

  • Amendment VI

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

  • Amendment VII

Slavery in all of its forms will now and forever be banned and prohibited within the borders of Unified Sera, her territories, and extra-territorial possessions.

  • Amendment VIII

The enumeration in the Articles of Federation, of certain rights, shall not be construed to deny or disparage others retained by the people.

  • Amendment IX

The powers not delegated to Unified Sera by the Articles of Federation, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

  • Amendment X

A militia can be kept if regulated to the standards of provincial law and are free to act in times of invasion or public upheaval so long as the militia operates within the mandates of the Seran law code. A militia being necessary to the security of a free state and secure homeland, the right of the people to keep and bear arms appropriately vetted for civilian and domestic use after proper licensure and training shall not be revoked barring high crimes.

  • Amendment XI

All persons born or naturalized in Unified Sera, and subject to the jurisdiction thereof, are citizens of Unified Sera and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of Unified Sera; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.