Constitution of Torisakia
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| Constitution of the Federal Democratic Republic of Torisakia | |
|---|---|
 Page one of the original copy of the Constitution | |
| Jurisdiction | Torisakia |
| Created | April 14, 1823 |
| Presented | May 30, 1824 |
| Ratified | June 20, 1825 |
| Date effective | June 28, 1825 |
| System | Constitutional presidential republic |
| Branches | 3 |
| Chambers | Bicameral |
| Executive | President |
| Judiciary | Supreme, Circuits, Districts |
| Federalism | Federation |
| Electoral college | No |
| Entrenchments | 1 |
| First legislature | June 28, 1825 |
| First executive | July 18, 1825 |
| First court | February 10, 1826 |
| Amendments | 21 |
| Last amended | March 10, 2017 |
| Location | National Archive of Torisakia |
| Author(s) | Libertarian Constitution Convention |
| Media type | Parchment |
The Constitution of the Federal Democratic Republic of Torisakia (Native Torisakian: Cinssosesoin shu Fukuraul Dumicrausoc Ruphelloc if Tirosauroau, Spanish: Constitución de la República Democrática Federal de Torisakia) is the supreme law of Torisakia. The constitution describes the national frame of the government. The first three articles outlines the separation of powers, with the government being divided into three branches: the legislative, executive, and judicial. Article IV, Article V and Article VI define the concepts of federalism, describing the rights and responsibilities of constituencies and city-district governments, the constituencies and districts relationships with the federal government, and the process of constitutional amendment. Article VII establishes the procedure subsequently used by the city-districts to ratify it.
The first 10 amendments are colloquially known as the Guide of Rights and define the rights of the Torisakian people to freedom of expression, protection against unreasonable search & seizure, right to fair and speedy trials, among others. Amendment 11 also defines that the Guide of Rights can be amended within reason, but overall cannot be removed from the consitution, protecting them.
Constitution
Preamble
We, the people of Torisakia, ordain that our soverign power hereby creates this democratic republic that vows to establish justice, promote public welfare, provide defence, and secure liberty, and hereby establishes this constitution for the Federal Democratic Republic of Torisakia.
Article I: Legislative Branch
- §1 All legislative powers herein granted shall be vested in a Congress of Torisakia, which shall consist of a Senate and House of Representatives.
- §2 The House of Representatives shall be composed of members chosen every second year by the people of the several constituencies
- §2I Each constituency will vote for and elect two members for the House of Representatives
- §2II No Person shall be a representative who shall not have attained to the age of twenty five years, and been five years a citizen of Torisakia, and who shall not, when elected, be an inhabitant of that constituency in which he shall be chosen.
- §2III When vacancies happen in the representation from any constituency, the executive authority thereof shall issue writs of election to fill such vacancies
- §2IV The House of Representatives shall choose their Speaker and other officers; and shall have the sole Power of Impeachment.
- §3 The Senate of Torisakia shall be composed of one Senator from each constituency and shall serve six years; each Senator shall have one vote
- §3I No person shall be a Senator who shall not have attained to the age of thirty years, and been ten years a citizen of Torisakia, and who shall not, when elected, be an inhabitant of that constituency for which he shall be chosen.
- §3II The Vice President of Torisakia shall be President of the Senate, but shall have no Vote, unless they be equally divided.
- §3III The Senate shall choose their other Officers anda President pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of Torisakia.
- §3IV 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 Torisakia is tried, the Chief Justice shall preside: And no Person shall be convicted without the concurrence of two thirds of the Members present.
- §4 The manner of holding elections for Senators and Representatives shall be prescribed in each constituency by the legislature thereof; but the Congress may at any time by law make or alter such regulations
- §4I The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in January, unless they shall by law appoint a different Day.
- §5 Both Houses shall have the power to expel members via vote, keep a proceedings journal, and receive compensation for their services.
- §6 Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of Torisakia; If he approves he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated for reconsideration. 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 any bill which shall have passed the House of Representatives and the Senate be presented to the President of Torisakia and he does not either sign it or return it within ten days, the bill shall become a law.
- §7 No tax that is deemed to be excessive shall be imposed on imports and exports to and from Torisakia without the consent of the Congress.
- §8 No State shall conduct any of the aforementioned powers of Congress without the explicit permission of said Congress.
Article II: Executive Branch
- §1 The executive power shall be vested in a President of Torisakia. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows
- §1I Each constituency shall hold a popular vote to determine the President of Torisakia.
- §1II Any persons that receive the majority of the popular vote in a constituency shall be awarded it.
- §1III The person that holds the majority of the constituencies, which is defined as half the number of total constituencies plus one, shall be deemed the winner of the election and is declared President-elect of Torisakia.
- §1IV Should no person hold a majority of constituencies at the end of the election, the person who has acquired the majority of states shall be President. If still no person holds a majority, then the House of Representatives shall immediately choose by ballot for the President; the Senate shall choose by ballot for the Vice President.
- §1V No person except a natural born citizen of Torisakia shall be eligible for the office of President of Torisakia; neither shall any person be eligible to that office who has not attained the age of thirty five years, and been fifteen years a resident of Torisakia.
- §1VI In the event of the removal of the President from office, his death, resignation, or inability to discharge the powers and duties of said office, the power shall devolve on to the Vice President, and Congress may provide a case of removal, death, resignation, or inability by law, and declare what officer shall then act as president, until the disability be removed or a President shall be elected.
- §1VII The President shall receive compensation for his services which shall not be increased nor decreased during the time for which he shall have been elected.
- §1VIII Before he enter on the execution of his office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the Federal Democratic Republic of Torisakia, and will to the best of my ability, preserve, protect and defend the Constitution of Torisakia."
- §2 The President shall be Commander-in-Chief of the military of Torisakia, or of the Militia of the several city-districts; he may also have the power to grant reprieves and pardons for offences against Torisakia, except in cases of impeachment.
- §2I He shall have the power to make treaties, with the consent and a two-thirds vote of the Senate, appoint ambassadors, public ministers, judges of the Supreme Court, and other officers of Torisakia whose appointments have not herein been provided for, but Congress may, by law, vest the appointment of such officers as they see fit.
- §2II The President shall have the power to fill up vaccancies that may occur during the recess of the Senate.
- §3 The President shall, from time to time, give Congress information of the State of the Republic; he may also convene with both Houses or either of them, and may adjourn them as he see fit; he shall take care that the laws be faithfully executed, and shall commission all officers of Torisakia.
- §4 The President, Vice President and all civil officers of Torisakia, shall be removed from office on impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
- §4I While Congress will have the power to impeach the President, Vice President, and other civil officers of Torisakia, the people shall vote on whether or not said persons shall be fully removed from office; the vote shall take place no longer than sixty days after the impeachment has been confirmed.
- §4II Should the President be removed from office on impeachment, should the impeachment come after one year before the next election for President of Torisakia and it is the last term of his tenure, the President shall not be removed from office.
Article III: Judicial Branch
- §1 The judicial power of Torisakia, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall receive for their services.
- §2 The judicial power shall extend to all cases, in Law and Equity, arising under this constitution, the laws of Torisakia, and treaties made, or which shall be made, under their authority;—to all cases affecting ambassadors, other public ministers;—to all cases of admiralty and maritime jurisdiction;—to controversies to which Torisakia shall be a party;—to controversies between two or more constituencies or city-districts;— between a constituency or city-district and citizens of another constituency or city-district,—between citizens of different constituencies or city-districts,—between citizens of the same constituency or city-district claiming lands under grants of different constituencies or city-districts, and between a constituency or city-district, or the citizens thereof, and foreign constituencies or city-districts, citizens or subjects.
- §2I In all cases affecting ambassadors, other public ministers, and those in which a constituency or city-district shall be party, the Supreme Court shall have original jurisdiction. In all the other cases mentioned prior, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
- §2II The trial of all crimes, except in cases of Impeachment, shall be by Jury; and such trial shall be held in the constituency or city-district where said crimes have been committed; except when directed by law to be held in other such place or places.
- §3 Treason against Torisakia 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.
- §3I Congress shall have the power to declare the punishment for treason, but no attainder of treason shall work Corruption of Blood or forfeiture except during the life of the person attained.
Article IV: Federalism
- §1 The Federal Democratic Republic of Torisakia shall be divided into constituencies, city-districts, and territories.
- §2 The Congress shall have powers listed below
- §2I To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common Ddefence and public welfare of Torisakia; but all duties, imposts and ixcises shall be uniform throughout Torisakia;
- §2II To borrow Money on the credit of Torisakia;
- §2III To regulate commerce with foreign nations, and among the several constituencies and city-districts;
- §2IV To establish an uniform Rule of Naturalization, and uniform laws on the subject of bankruptcies throughout Torisakia;
- §2V To coin money, regulate its value, and of foreign coin, and fix the Standard of Weights and Measures;
- §2VI To provide for the punishment of counterfeiting the securities and current coin of Torisakia;
- §2VII To establish Post Offices and post roads;
- §2VIII To promote the progress of Science and useful Arts, by securing the right for authors and inventors to their respective writings and discoveries;
- §2IX To declare war, grant Letters of Marque and Reprisal, and make rules concerning Captures on Land and Water;
- §2X To raise and support an Army and a Navy, and the organization thereof;
- §2XI To provide for calling forth the Militia to execute the laws of the land, suppress insurrections and repel invasions
- §2XII 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 Torisakia, or in any Department or Officer thereof.
- §3 The powers not delegated to the Federal Democratic Republic nor prohibited by the divisions are reserved to the constituencies, city-districts, or the people.
- §3 Constituencies, city-districts, and territories shall have concurrent jurisidction on taxes and the power to borrow money.
- §4 Any powers not mentioned shall be under the jurisdiction of the constituencies, city-districts, territories, or people, unless otherwise mentioned.
Article V: Constituencies, City-Districts, and Territories
- §1 Each constituency, city-district, and territory shall honor others public acts and records.
- §2 No citizen shall be bound by law to be a resident of any constituency, city-district, or territory.
- §3 Persons that commit a crime in one constituency, city-district, or territory and flees to another shall be extradited back to the division where said crime was committed, in accordance with Article II, §2, Clause 2.
- §4 Congress has the power to admit new constituencies, city-districts, and territories into Torisakia, but no new constituency, city-district, or territory be formed within an existing entity without proper consent and approval by Congress.
Article VI: Amendments
- §1 An amendment must gain a two-thirds majority vote within the House of Representatives and the Senate, and two-thirds of all city-districts in Torisakia must approve of the measure.
- §1I The process by which a city-district approves of an amendment or not is conducted by the people through a vote. If the majority of people within a constituency voted for the ammendment, and a majority of the constituencies within a city-district vote for the ammendment, then that city-district is deemed to have approved of the ammendment.
- §1II Should no city-district have any constituencies hold the majority, then the city-district Senate will convene to vote for or against the amendment, which will then translate to said city-district approving or disapproving of the amendment.
- §1III City-districts and constituencies have the power to abstain from voting on an amendment; however, a minimum of one-fourth of the current city-districts must vote in order for the amendment to be able to pass.
- §2 Should an ammendment pass though both the House of Representatives, the Senate, and city-districts, the President cannot veto the amendment; it must be ratified.
Amendments
Guide of Rights
| No. | Subject | Ratification | ||
|---|---|---|---|---|
| Submitted | Completed | Time span | ||
| 1st | Protects freedom of speech, freedom of religion, freedom of the press, freedom of assembly and the right to petition the government. | November 1, 1825 | June 29, 1826 | 240 days |
| 2nd | Protects the right to vote without discrimination. | November 1, 1825 | June 29, 1826 | 240 days |
| 3rd | Restricts the quartering of soldiers in private homes, and protects citizens' right to protect themselves from domestic and foreign enemies | November 1, 1825 | June 29, 1826 | 240 days |
| 4th | Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. | November 1, 1825 | June 29, 1826 | 240 days |
| 5th | Provides for the right to trial by jury in certain civil cases, according to common law. | November 1, 1825 | June 29, 1826 | 240 days |
| 6th | Protects the right to a speedy public trial by jury, to notification of criminal accusations, to confront the accuser, to obtain witnesses and to retain counsel. | November 1, 1825 | June 29, 1826 | 240 days |
| 7th | Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy. | November 1, 1825 | June 29, 1826 | 240 days |
| 8th | Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment, slavery, and involuntary servitude except as punishment for a crime. | November 1, 1825 | June 29, 1826 | 240 days |
| 9th | States that the federal government possesses only those powers delegated, or enumerated, to it through the Constitution. | November 1, 1825 | June 29, 1826 | 240 days |
| 10th | States that rights not enumerated in the Constitution are retained by the people. | November 1, 1825 | June 29, 1826 | 240 days |
Other Amendments
| No. | Subject | Ratification | ||
|---|---|---|---|---|
| Submitted | Completed | Time span | ||
| 11th | The first Ten Amendments (known as the Guide of Rights) can be modified by law, but cannot be removed from the Constitution. | November 1, 1826 | October 20, 1827 | 353 days |
| 12th | Establishes the direct election of senators and representatives by popular vote. | May 15, 1829 | August 13, 1833 | 4 years, 90 days |
| 13th | Dictates a term-limit for President and Vice President as that of a twice renewable four-year term. | July 8, 1898 | February 5, 1900 | 1 year, 212 days |
| 14th | Permits Congress to levy an income tax without apportioning it among the various city-districts and/or consitutencies or basing it on the Torisakia Census | January 22, 1904 | March 17, 1909 | 5 years, 54 days |
| 15th | Make illegal the transportation or importation of intoxicating liquors into city-districts, constituencies, and territories where such is prohibited by law. | April 20, 1921 | September 14, 1923 | 2 years, 147 days |
| 16th | Defines that persons born in Torisakia-controlled territories are natural-born citizens and are subject to the rights outlined in the Constitution. | November 1, 1825 | December 30, 1949 | 124 years, 59 days |
| 17th | Outlines succession to the presidency and establishes procedures both for filling a vacancy in the office of the vice president and responding to presidential disabilities. | August 19, 1869 | March 1, 1959 | 89 years, 194 days |
| 18th | Prohibits the discrimination of persons based on race, color, religion, sex, or national origin. | October 30, 1960 | January 8, 1961 | 70 days |
| 19th | Declares that all political parties represented in an election must appear on the ballot. | May 1, 1974 | September 27, 1975 | 1 year, 149 days |
| 20th | Prohibits the sale of firearms to persons under the age of 18, and mandated background checks on anyone purchasing guns. | June 1, 1993 | July 22, 1995 | 2 years, 51 days |
| 21st | Abolishes the use of capital punishment. | November 18, 2016 | March 10, 2017 | 112 days |
Ratification data for each ratified amendment
| Y indicates that city-district ratified amendment | |||||||||||||||||
| N indicates that city-district rejected amendment | |||||||||||||||||
| — indicates that city-district did not complete action or abstained on amendment | |||||||||||||||||
| … indicates that amendment was ratified before city-district joined the Republic | |||||||||||||||||
| City-district (in order of statehood) |
1–10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | |||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Tokai | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | |||||
| Douglas-La Pryor | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | N | |||||
| Ogino | Y | Y | Y | Y | Y | N | Y | — | Y | Y | Y | Y | |||||
| Postmeridian | Y | Y | Y | Y | N | N | Y | Y | N | Y | N | Y | |||||
| East Lake | … | … | Y | Y | Y | N | Y | Y | N | Y | Y | N | |||||
| Happiness Island | … | … | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | |||||
| Dorrsville | … | … | N | Y | Y | — | Y | Y | Y | — | Y | Y | |||||
| Presidents City | … | … | … | Y | Y | Y | Y | Y | Y | N | N | Y | |||||
| Auerila | … | … | … | Y | Y | Y | Y | Y | N | N | Y | Y | |||||
| Yasui | … | … | … | ... | ... | ... | Y | Y | Y | N | — | Y | |||||
| Gonzalez Isle | … | … | … | ... | ... | ... | ... | ... | Y | Y | Y | N | |||||
| Crandall-Kian Logan | … | … | … | ... | ... | ... | ... | ... | ... | Y | Y | Y | |||||
| Koradai | … | … | … | ... | ... | ... | ... | ... | ... | ... | Y | Y | |||||
| State (in order of statehood) |
1–10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | |||||
Unratified Amendments
None
Proposed Amendments
19th Century
- A conscription amendment was proposed in 1836 that would have required Torisakian men to perform two years of military service upon reaching the age of 18.
- An amendment to provide universal basic income to Torisakian citizens was proposed in 1888.
- Anti-Christmas Amendment, proposed in 1894, would have abolished the holiday of Christmas as a federal holiday in Torisakia, with its supporter citing a 'lack of separation of church and state' with Christmas being deemed a 'federal holiday'.
20th Century
- In 1915, Nathan Grant, a Torisakian Revolution veteran, propsed an amendment to Congress that would repeal the Third Amendment, due to him being a homeless veteran and needing a place to stay.
- An amendment to make English the official language of Torisakia was proposed in 1932.
- Election Amendment, proposed in 1943, would have repealed Article II, § 1, clause 4 and removed the secondary method of determining the winner of a presidential election.
- The Impeachment Amendment, proposed in 1966, would have repealed Article II, § 4, clause 2 so that incumbent presidents who had been impeached could be removed from office immediately, regardless of when the impeachment came.
- In 1969, Jimmy Poulin, Master Wizard of the Knights of Torisakia (a hate group) proposed an amendment to Congress that would have outlawed homosexuality and allowed discrimination of persons based on their sexual orientation. Poulin's proposal was immediately shot down and he was asked to never come back to the Capitol ever again. He came back the next day and was promptly arrested.
- The Pea Shooter's Amendment, proposed in 1996, attempted to outlaw shooting peas out of ones nose through a straw after an incident involving then president Kian Logan at an elementary school in Rellton, Koradai where a student playing with his food in the cafeteria shot a pea out of his nose through a straw to amuse his friends that subsequently hit President Logan in the chest as he was entering the cafeteria, causing the Secret Service to briefly believe he had been shot and mass panic to break out. The amendment was not passed by the House of Representatives, but it did give way to the Pea Shooting Act, which prohibited the action in the prescence of government officials.
21st Century
- An amendment proposed in 2004 would have repealed the First Amendment to add in the "right to the internet".
- Ray Veasey, CEO of music company Valksor, propsed an amendment in 2013 to Congress that would have prohibited the operation of music streaming services on the basis that they were creating a monopoly on the service.
- In 2017, an amendment was proposed to make the MOBA game League of Legends the official video game of Torisakia.