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DispatchFactbookLegislation

by United provinces emissary. . 55 reads.

PAX AMERICANA | Constitution

2nd Constitution of Pax Americana



Article 1 - The State

1. The name of the region is Pax Americana.

2. Pax Americana is an independent, sovereign and democratic federal republic.

3. Citizens or the people are defined as full members of the forum who:
(a) Have a nation in Pax Americana.
(b) Have applied for and be granted citizenship in conformity with the law.

4. All powers of government derive from the people, whose right it is to designate the rulers of the region and, in final appeal, to decide all questions of regional policy, according to the requirements of the common good.

5. The flag of Pax Americana shall be determined and regulated by law.

6. English shall be the officially recognised language of Pax Americana.

7. This constitution is the principal legal document of Pax Americana and shall supersede all other documents.


Article 2 - The Rights of Citizens

1. Everyone is entitled to all rights and freedoms set forth without distinction of any kind such as race, color, sex, language, religion, political or other opinions, national or social origin or other status.

2. All citizens are granted the freedoms of expression and thought.

3. Citizens have the right to life, liberty, and security of person.

4. Citizens have the right to freedom of the press, freedom of religion, freedom of the right to peacefully assemble and the right to petition the House of Representatives, the Government and the Supreme Court. These rights are not absolute and reasonable restrictions to these rights may be established by law.

5. All are equal before the law and are entitled without discrimination, equal protection under the law.

6. No one shall be subjected to arbitrary arrest, detention or exile.

7. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal.

8. Everyone charged with a penal offense has the right to be presumed innocent until proven guilty in accordance with the law in a public trail.

9. No one shall be subjected to arbitrary interference with their privacy, family, home or correspondence, nor to attacks upon their honour or reputation.

10. All citizens are eligible to vote in all elections, referendum and other public questions. Every citizen has the right to stand for elected office subject to regulation.


Article 3 - The President

1. The President shall be the Head of State and Head of Government of Pax Americana.

2. The President shall be elected by the direct vote of citizens.

3. The President shall be elected to serve a term of three (3) months.

4. The President shall be eligible to seek re-election.
(a) The President shall be ineligible to serve more than two (2) consecutive terms of office.
(b) The President shall be eligible to serve further terms in future, in a pattern as defined above after one (1) term out of office.

5. To be eligible to serve as the President of Pax Americana:
(a) A candidate must have held their citizenship for a period of twenty-one (21) days.

6. The President shall not be a member of the House of Representatives.
(a) If a member of the House is elected President, they shall be deemed to have vacated their respective seat.
(b) The President shall not hold any other office.

7. The Government shall consist of the President and the Federal Cabinet of Pax Americana.

8. The President shall enjoy the following powers and responsibilities:
(a) The power to appoint and dismiss the members of the Federal Cabinet.
(b) The power to issue Executive Orders regarding government affairs, duties and responsibilities.
(c) The power to create or abolish government departments through an Executive Order.
(d) The responsibilities to assume the tasks and duties of any vacant government department until a secretary is appointed.
(e) The responsibility to serve as forum and Discord moderator.

9. The President shall have the power to issue Executive Orders.
(a) Executive Orders shall have the weight of law, but shall be considered below a standard law.
(b) Further powers and responsibilities can be delegated to the President by law.

10. Every Act passed by the House of Representatives shall require the signature of the President before it is enacted into law.
(a) The President may veto any piece of legislation, instead referring it to the people via a referendum to which the result of such a referendum shall be binding.

11. The President shall communicate with the House of Representatives by address at their discretion.

12. The President shall be Commander-in-Chief of the Pax Americana Military.
(a) The President shall commission all officers in the Pax Americana Military.

13. The right of pardon and the power to commute or remit punishment imposed by any court is hereby vested in the President.

14. The President has the exclusive right to bestow honours of state to certain individuals, from time-to-time, that have made an exceptional contribution to Pax Americana.

15. In the event of a vacancy in the office of President, the Founder shall assume the position of ‘Acting President’ until a special election can be held.
(a) A special election must be held within two (2) weeks of the vacancy occurring.
(b) Should the vacancy occur less than three (3) weeks prior to the end of the term, the Founder shall serve as ‘Acting President’ until the winner of the regular scheduled election takes place and the winning candidate assumes office.
(c) Should the vacancy be created by the removal of a President from office by the House of Representatives, the former President shall be ineligible to register as a candidate in the special election, but shall not be excluded from candidacy in any future election.


Article 4 - The House of Representatives

1. The legislative power shall be vested in a legislature to be known as the House of Representatives.
(a) Membership to the House shall be open to all who have held citizenship for a period no less than three (3) days.
(b) Members shall be styled as Congressmen or Congresswomen.

2. The House shall hold a minimum of four (4) sessions every year, with each session lasting no-longer than two (3) months.

3. Sittings of the House shall be public.

4. The House shall elect from its membership a Speaker to serve as presiding officer.

5. The House of shall prescribe the powers and duties of the Speaker.

6. The House shall make its own rules and standing orders, with power to attach penalties for their infringement and shall have power to ensure freedom of debate.

7. All votes in the House shall be determined by a majority of the votes of members present and voting other than the presiding member.

8. The number of members necessary to constitute a meeting of the House for the exercise of its powers shall be determined by its standing orders.


Article 5 - The Supreme Court

1. The judicial power of Pax Americana shall be vested in the Supreme Court.

2. The Supreme Court shall have the power to establish and amend their own procedures for all types of cases.

3. The Supreme Court shall have jurisdiction over all citizens and persons acting within the territory of Pax Americana.

4. The Supreme Court shall have authority over all cases and controversies arising under the Constitution and the law established in the House of Representatives.

5. The Supreme Court shall be headed by the Chief Justice and consist of up to two other additional Associate Justices of the Supreme Court.

6. The Supreme Court shall be the court of first and final instance in cases of constitutional matters.

7. The Supreme Court shall have the sole authority to interpret the Constitution, the laws and can make rulings on matters which are considered to be unconstitutional.
(a)The Supreme Court shall have the authority to strike down Executive Orders, Acts of Congress and/or provisions of any laws which are unconstitutional.

8. Justices of the Supreme Court shall be nominated by the President and confirmed by the House of Representatives.

9. No judicial officer shall preside over a case in which he/she is a party to.

10. The Supreme Court shall be subject to the limitations of this Constitution.

11. The House of Representatives may by further Acts of Congress confer more responsibilities on the Supreme Court.

12. Treason against Pax Americana shall consist of giving aid and/or comfort to the region's enemies or participating in war against Pax Americana.
(a) The punishment for treason shall be fixed by law.


Article 6 - Constitutional Amendments

1. It is recognised that this constitution may require amendment from time to time. It is upheld that this process should be relatively onerous to reflect the importance of the Constitution and prevent arbitrary and regular amendment to the same.

2. The Constitution may only be amended in parts or multiple parts by way of a referendum.

3. A proposed amendment must take the form of a bill to amend the Constitution originating in the House of Representatives where it must pass with a simple majority.
(a) The amendment must be endorsed by the electorate in a referendum. A simple majority of votes cast is sufficient to carry an amendment, with no minimum turnout required for a constitutional referendum to be considered valid.

4. Any referendum vote shall be conducted by a secret ballot.

5. A proposal to amend the constitution put to a referendum must not contain any other proposal.

6. Only Pax Americana citizens can participate in a referendum.

7. When the referendum has passed, the amendment must be signed into law by the President provided that the correct procedure has been complied with.

8. The President cannot veto a constitutional amendment.

9. All amendments to the constitution must be documented.

United provinces emissary

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