Constitution of TECT
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Introduction
The Constitution of TECT or also known as the Commoner Constitution, the TECT Constitution, and the Commoner Constitutional Convention; is the written set of laws and principles that TECT is governed under. It is the supreme law of the land in most cases and is the foundation of Commoner Law, civilian government, and civil rights. The TECT Constitution was originally drafted after the collapse of the first empire and the creation of the second empire around 805AD. The Constitution was originally meant to replace Royal Decrees that governed the country; it also was to address responsibilities and empower smaller civilian governments. The Constitution of TECT is an amendable document that has aged with the country over the past centuries. During the 1800's; basic civil rights were addressed and a national civilian governance was insured. Later amendments addressed certain issues; the "Defense Initiative Amendment" of 1962 demanded better defenses -- including defensive measures, military spending, military research, and a standard rational state of preparedness. Since its conception in 805AD, the Constitution has evolved from an Imperial Charter to a modern Republicanism constitution.
The Constitution is enforced by the executive's office (president and staff), interpreted by the Supreme Court of TECT, and the Emperor is supreme to the constitution. Congress also amends the constitution; the Emperor however can also modify the constitution based on his supremacy to it. Royalty and other higher classed nobles have been known to not be bound by the constitution in many cases. The structure of the constitution is based on clauses and then by amendments, which came later on; finally, sections establish sections in laws. The last amendment, amendment twenty-two, established the Home Guard and its governing principles in 1970.
Preamble
The Preamble of the Constitution of TECT is the brief introductory statement of the Constitution's fundamental purposes and guiding principles; it establishes the purpose, hopes, and dreams of the drafter's wishes of the new government. It states the general terms and the fundamental purposes of the constitution and government. The Preamble has been amended a total of four times since its introduction around 806AD. It has since become the placeholder for the first four articles of the TECT Constitution.
Article 1
Article one of the preamble states the mission statement the constitution desires to achieve. It briefly describes what the constitution is and what its purpose is meant for. Drafted in 806AD; it primarily established the constitution's role in government and in life.
Text
We, the Common, Royalty, and Nobles, in order to form a perfect union, hereby establish this Constitution. In order to provide security, safety, tranquility, and common welfare, do establish this union as the The Empire of Common Territories; the 2nd Commoner Empire; under his royal imperial majesty the Emperor. The Common do ordain that we the Commoners share a unique commonality; that we share common interests; that we share one emperor; and from one homeland. Common share a role of serving the Empire and Emperor but government serves the Common. The Common do ordain that this constitution be established for The Empire of Common Territories.
This constitution establishes the right to all Common to share its benefits. This constitution, as desired, protects and serves the people for whom are the drafters and crafters. Royalty, who inherit the right to rule over all serve the people inherently by sense of duty and position; therefore, the Common serve their sovereign for they are the protector, enforcer, and guardian. Nobles who rule their realm represent the sovereign and royalty inherit the privilege of sovereignty.
It is the right of the people, the Common, to organize and govern. Local governments, those which are legal and loyal, better themselves through cooperation and hard work. It is recognized by the people that government is meant to serve and not be served; royalty to be respected and served; nobles to be treated as representatives; and the Common to make up that which is the 2nd Commoner Empire.
Meaning & Application
Although seen mostly as topic jumping and rambling; it is heavily established a three tier social class system. It is declared: "We, the Common, Royalty, and Nobles, in order to form a perfect union, hereby establish this Constitution." Declaring that Commoners, Nobles, and Royalty (in that order) are different, yet the same, and have their own essential powers/roles. It is established heavily that government serves the people, the people respect and serve the Emperor, and that the Common have the right to Law & Order of their creation as the new 2nd Commoner Empire. The second paragraph states: "This constitution establishes the right to all Common to share its benefits." Meaning that everyone and anyone Commoner benefits from the Constitution; something that is often taught during the Civil Rights Clause. What is secondly stated is that royalty, namely the Emperor, are inherently rulers who's sole duty is to serve the Common; therefore, Commoners must respect their sovereign and royals, as well as be loyal and serve them back, as a duty and privilege to return the favor to their sovereign.
What is lastly established is the role of all three of these classes and the right to organize (another section that is commonly referred to in the CRC): Commoners sharing a unified goal of self rule, support and respect of the Emperor, and royalty, have the duty to live their lives as individuals; of whom, have rights, privileges, and duties as Commoners. Nobles are representatives of the "Sovereign", of whom is the Emperor. All of which also equates to organizing; a section meant to establish/state the right to set up local governments. The entire article is meant to establish basic roles of citizens, the right of royalty/nobles, and establish governing roles in a basic sense.
In every state, imperial state, and colony; there is a clause that reads similar to: "The right to self govern; under his royal imperial majesty and under the Commoner Constitution." This is because this article establishes the right to establish smaller, more local governments. In a statement made by Supreme Court Judge, Judge Arnold (1996): "Government, I believe should be central and inherently small. How do you perform that while still tending to all your citizens? Local governments. Towns, cities, counties, even states have governments; this is because the original drafters envisioned a conservative ideology that protects the citizens without stepping over his royal imperial majesty the emperor. Among other benefits, this system of federalism and imperialism has served TECT well over the centuries and I do not see it leaving any time soon." The undeniable fact is that many lines and the three sections can be seen emulated later in the Constitution; which is protect rights, state roles, and protects the people.
Article 2
Article 2 of the Preamble is defined as the establishment of the Emperor, his/her position, and their privileges. Royalty in general is also addressed in the article text. While establishing the duty of the Emperor; article two places the Emperor higher then all -- government and noble class. A supreme ruler; the Emperor has both duty and privilege.
Text
The Emperor, for who is supreme to all, shall be respected as the supreme commander of all military forces and governments. The Emperor/Empress shall be addressed as His(Her) Royal Imperial Majesty (HRIM). Princes/Princesses, Archdukes, and similar to highly ranked nobles are addressed as "Highness"; other royalty of non-noble status are to be addressed the same. The Emperor's/Empress' authority, royal decrees which shall be made in pursuance thereof, vocal and writen; and all treaties made, or which shall be made, under the authority of His/Her Royal Imperial Majesty, shall be the supreme law of the land. Judges in every state, imperial colonial state, colony, territory, or other holding shall be bound thereby, anything in royal decree, decreed laws, regulations, or other orders of governance written or verbally ordered by the Emperor/Empress.
The Emperor, as born from the seed of his ancestors, has inherited the royal blood of the Royal Family of TECT. Maximus Forelis, the father of the Commoner Empire, stated the royal Emperor: "Is of divine righteousness who earned their position based on skill and authority. His inheritance is merely the seed to attaining the throne." Emperors, and their close family members, are to be respected as part of royalty. Royalty is not limited by the TECT Constitution unless under authority of the Emperor. The divine position of the Emperor is to be respected, to be loyal to, and served.
The Emperor's/Empress' responsibility is of that to serve the Common. Their goal is to serve the Empire for better or worse; his role is divine and respectable beyond measure. Therefore; Commoners are entitled to respect the throne and its occupier, remain loyal to the sovereign, and to serve them with pride. It is a duty for an Emperor/Empress to act as the guardian of the Empire; he/she is the father/mother and its child is the nation and its people. The Emperor/Empress is the supreme leader above this constitution and the civilian established government. Their decree is higher than constitutional law and their authority limitless. The administrative role, commander-and-chief of the TECT Armed Forces, head of state, and other influences/duties are to be observed and respected.
Nobility, the class of people who earned their rank based on merit or family position, shall be dually noted as respectable by this constitution. Their representative role is backed by authority of influence and position in the sphere of the Emperor and his/her court. Nobles are subject to this constitution; authority from the Emperor can subside this.
In the unlikelyhood of departure of the Emperor, be death or retirement, shall pass on his throne to his first born child. Specified otherwise, or decreed heir, the path of inheritance is protected by this constitution.
Meaning & Application
The second article of the Preamble is also called the Throne's Supremacy Clause. The article presents the throne's supreme power over the constitution, the civilian government (executive, legislative, and supreme court), and other sources of power. The sovereign (Emperor or Empress) is held to high respect and authority as the most powerful person in the country's government and culture. The first section establishes this, the sovereign's roles, and the Royal Family's authority.
The second section establishes the sovereign's duty as the Emperor/Empress of TECT. Their role as head of state, commander-and-chief, administrative responsibilities, and a major cultural figure. Their high standing demands respect and loyalty from Commoners, noble, and royal alike - to go against this is not only offensive but can also be deemed punishable depending on circumstances. However, article two does not establish certain aspects of the throne; such as replacing a deceased sovereign or their family duties. Such business is left to royal decree and tradition; law that is not crafted by the government (Congress) or other. The last section however lists a protected lineage and succession only to reaffirm that it protects it - a portion added out of fear that future throne seekers may go against tradition.
The third and final section addresses nobles and noble families in the aspect of law & order. Depending on rank, nobles can or cannot be excluded from the law; those nobles high in position and close to the sovereign can become excluded. Otherwise; nobles, their vassals, and other related people (blood or relation) are deemed to be under the constitution's authority and susceptible to punishment by law. Article two does not, however, like the situation with royalty, addresses the aspects concerning law and government.
Article two of the preamble has been used to defend the royal family's position for centuries; even before the constitution's drafting, royalty had enormous power and influence over laws and governance. The same article (section four) was used in the conviction of Baron Arnold Reinwald of Tiefland for numerous felonies including fraud and numerous other corruption related crimes; the prosecutor argued that: "Under the TECT Constitution, you your lordship are not entitled to break the law. If I am wrong, may his royal imperial majesty the Emperor save you now. For only he can circulate the Preamble, Article two, Section four." Culturally speaking, the Emperor is protected and has been the central figure since ancient times - their position as the supreme one has gone unchanged for literally thousands of years.
Article 3
Article three of the Preamble discusses and establishes branches of the TECT government and their powers. Article three is often called the 'Government Article' because it lays out the imperial government and its stated powers; similar to a federal system controlled by a monarch -- essentially a constitutional monarchy. Article three essentially establishes the federal system, limitations to branches, and the structure of the TECT civilian government. Under this article, the Imperial Congress is established under the House of Commons and Senate; the Supreme Court of TECT is established to interpret the constitution and have broad jurisdiction; the Imperial Executive is lead by an elected executive, a president, and associated staff the executive selects (cabinet) -- very similar to the Emperor. Article three also describes the structure of these branches and their limitations.
Text
Section 1
All legislative powers, aside from his Royal Imperial Majesty, shall be vested in the Imperial Congress of TECT; crafted exclusively of the House of Commons & Imperial Senate.
Section 2
Commons Representatives shall be composed by members elected every second year by the people of the states, colonies, and other incorporated territories of the Commoner Empire. Electors shall meet all qualifications set forth by their territorial legislature, or power.
No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the Common Territories, and who shall not, when elected, be an inhabitant of that state, colony, or other territory in which he shall be chosen. Each territory at least possesses one Representative; future Representatives account to every one hundred million persons. Amount of Representatives are solely chosen by a territory's respective numbers. When vacancies happen in the Representation from any territory, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Commons shall elect their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3
The Imperial Senate of the Empire of Common Territories shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
Territories, colonies, or other territories that do not share statehood in the Common Territories do not attain seats in the Imperial Senate until said statehood. Territories must adhere to statehood qualifications and two-thirds vote for recognized statehood status.
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 class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by 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 shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the Common Territories, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
The Vice President of the Common Territories shall be President of the Imperial Senate, but shall have no Vote, unless they be equally divided.
The Senate shall elect 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 Common Territories.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the Common Territories 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 Common Territories: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section 4
The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Imperial Congress may at any time by Law make or alter such regulations, except as to the places of electing Senators.
The Imperial Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different Day.
Section 5
Each House shall be the judge of the Elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent Members, in such manner, and under such penalties as each House may provide.
Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the Members of either House on any question shall, at the desire of one fifth of those present, be entered on the Journal.
Neither House, during the session of the Imperial Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Section 6
The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of The Empire of Common Territories. They shall in all cases, except Treason, Felony and Breach of the Peace, Royal Decree from His Royal Imperial Majesty, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil Office under the authority of the Common Territories, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no person holding any Office under the Common territories, shall be a Member of either House during his continuance in Office, except by Royal Decree by His Royal Imperial Majesty, or during cases of imminent or impending danger.
Section 7
All Bills for raising revenue shall originate in the House of Commons; but the Senate may propose or concur with Amendments as on other Bills. Bills that associate with revenue, or restricting revenue, shall also originate in the Commons.
Every Bill which shall have passed the House of Commons and the Imperial Senate, shall, before it become a Law, be presented to the President of the Common Territories; If he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider it. If the President of the Common Territories approves the bill and signs, it is immediately presented to His Royal Imperial Majesty the Emperor; if the Emperor approves of the bill, it shall be signed, but if not he shall return it to the originating House. If after such reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law if approved by the Emperor. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the Bill shall be entered on the Journal of each House respectively.
Section 8
The Imperial Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the Common Territories; but all duties, imposts and excises shall be uniform throughout the Common Territories;
To borrow Money on the credit of the United States;
To regulate commerce with foreign nations, and among the territories, and between nations in habitat within the Royals Continent;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Common Territories;
To coin 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 of the Common Territories;
To establish Post Offices and post Roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the Law of the Common Territories;
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, on authority granted by His Royal Imperial Majesty;
To provide and maintain a Navy;
To make rules for the government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Common, suppress insurrections and repel invasions, foreign or domestic;
To provide for organizing, arming, and disciplining, the Militia, and for governing such part of them as may be employed in the service of the Common Territories and/or Royal Court, reserving to the States respectively, the appointment of the officers, and the authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the Seat of the Government of the Common Territories, and to exercise like authority over all places purchased by the consent of the Legislature of the State/territory in which the same shall be, for the erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And
To make all Laws which shall be necessary and proper for carrying into execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the Common Territories, or in any Ministry or Officer thereof.
Section 9
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin money; emit Bills of credit; make any Thing but gold and silver coin a tender in payment of debts; pass any Bill of attainder, ex post facto Law, or Law impairing the obligation of contracts, or grant any Title of Nobility unauthorized by His Royal Imperial Majesty the Emperor or other Royal, Noble position holder.
No State shall, without the consent of the Imperial Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection Laws: and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the Common Territories; and all such Laws shall be subject to the revision and Control of the Imperial Congress or His Royal Imperial Majesty.
No State shall, without the consent of the Imperial Congress, lay any duty of tonnage, keep troops, or ships 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 admit of delay.