by Max Barry

Latest Forum Topics

Advertisement

The United Island States of
Democratic Socialists

Overview Factbook Dispatches Policies People Government Economy Rank Trend Cards

2

Constitution of AHSCA

The Constitution of the United Island States of AHSCA is the supreme law of the nation. It is the framework for the organization of the Royal government and for the relationship of the royal government with the states, citizens, and all people within the United Island States.

The first three Articles of the Constitution establish the two branches of the national government: a legislature, the unicameral Congress and a executive branch led by the Duchess and family; they also specify the powers and duties of each branch. All powers are reserved to the respective states and the people, thereby establishing the federal system of government. The Constitution was adopted on March 17, 1997, by the Constitutional Convention on Aurora Island and ratified by conventions in each state in the name of "The People".

History

During The War for Unification, the islands seeking to end the occupation by the foreign powers and no longer being subjected to protectorate status by a foreign state had declared themselves independent as a fully sovereign state not under the control and jurisdiction of any nation. Wanting to solidify this in the minds of other foreign nations the Founders Council, which comprised of all island's leaders and a few of the highly educated, gathered together on Aurora Island to draft a binding document to unite the states and establish a system of Government.

The first meeting began as early as December 31, 1996 but war occupation and fighting forced most to remain in hiding or on the battlefields. Taking advantage of a momentary ceasefire brought on by a major hurricane, the leaders once again assembled in several rusted out bunkers along the island leftover from previous occupations and the current conflict.

Delegates from each island discussed what kind of a Government could they establish and what laws should govern all people and what matters should be decided by the states themselves. With an island mostly comprised of monarchies, autocracies or along tribal lines, each of the states agreed to forming a Central Monarchy but allowing each island to maintain their own system of governing and semi-autonomy. With duchess Shino Villa, still a POW, much of it was formed with her ideals in mind.

Shino had long been desiring the islands to unite under Aurora's Duchy Government and now with the islands being held by several foreign interests the matters were more pressing. With the constitution adopted the islands formed together as the one unitary government.

Articles of the Constitution

Each article defines the purpose of the Government and the power granted to the States and its people and the powers of the Federal Monarchy. Under the law, the AHSCA Constitution can be altered changed and amended upon through a Meeting of Congress and Island State Leaders through a Constitutional Convention. Currently no other Constitutions Conventions have been called since the first Convention.

Preamble

The Preamble to the AHSCA Constitution is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. It states in general terms, and courts have referred to it as reliable evidence of, the intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve.

We come together as peoples of these islands to form a more a new Union, establish ourselves to insure our domestic tranquility, provide for the common defense, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of AHSCA.

Article I

Article One describes the Congress. The United Island States Congress is a unicameral body comprised of two delegates from each island to be named as Senators. The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 15 years old (or equivalent), be a citizen of the UNIS for at least three years, and live in the state they represent.

Article I, Section 1, reads, All legislative powers herein granted shall be vested in a Congress of the United Island States, which shall consist of a single legislative body. A person who has reached "age of maturity" in designated state and is a native born or resided within the islands for at least three years shall be entitled to seek position.

Article I Section 2 enumerates the legislative powers. The powers listed and all other powers are made the exclusive responsibility of the legislative branch.

The Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the royal powers and all other powers vested by this Constitution in the government of the United Island States, or in any department or officer thereof.

Article II

Section 1 defines the purpose of the Royal Government and the powers of the Duchess or Duke. It also expands on the powers of the Royal Family of the Islands.

Succession. Section 1 specifies that the if the Duchess/Duke is removed, unable to discharge the powers and duties of rule, dies while in rule, or resigns. Specifically the Surviving Spouse will take charge or the Oldest Heir if the Heir is above the age 13 and not in active duty tour in the United Island Self Defense Forces. (UISDF)1

Section 2 grants substantive powers to the Duchess/Duke:

  • Commander in Chief of the UISDF1, and of the state militias when these are called into federal service.

  • May appoint and require opinions of the principal officers of the federal government. 2

  • May grant reprieves and pardons, except in cases of impeachment (i.e., they cannot pardon himself or herself to escape impeachment by Congress).

  • May make treaties, with the advice of the Congress and within the bounds of the Constitution.

  • May appoint ambassadors, other public ministers and consuls, and all other officers of the United Island States whose appointments are not otherwise described in the Constitution.

  • May make any of these appointments during a congressional recess. Such a "recess appointment" expires at the end of the next session of Congress.

    Section 3 opens by describing the Duke/Duchess relations with Congress:

    • They report on the state of the union.

    • May convene in the Congress.

    • May create or propose legislation superseding the need for debate or vote

    Section 3 adds:

    • May receive ambassadors and foreign guests

    • See that the laws are faithfully executed.

    • The Duke or Duchess commissions all the offices of the federal government.

    Section 4 provides for removal of the Duke or Duchess and other federal officers. The Duke or Duchess is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. A removal of the reigning Monarch must require 3/4 Majority Vote in Congress and unanimous vote by all States.

    Article III

    Article Three outlines the relation between the states and the relation between the federal government. In addition, it provides for such matters as admitting new states.

    Congress is permitted to regulate the manner in which proof of such acts, records, or proceedings may be admitted. State governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Hoshino Island convicted of crimes within Corona Island); it also lays down a legal basis for freedom of movement and travel amongst the states.

    Article Four also provides for the creation and admission of new states. Finally, the fourth section of Article Four grants the privileged to each state a their own ideal form of government. The article does not prohibit the creation of individual state legislative bodies but no states maintain any.

    Article IV

    Article Four describes the Armed Militia of The UIS including the rules and states of Warfare. It outlines the Manners of the Militia acting as the Military and Unified Law Enforcement of AHSCA islands its territorial waters. With the inclusion of United Island Defense force, this article is now subject to review and amendment. The original text described the nation's militia but was updated to reelected the installation of a unified self-defense force. The article also outlines AHSCA's laws in regards to warfare.

    • An act of aggression against the UIS is just cause of War.

    • AHSCA cannot participate in a war abroad without just cause of an attack against the UIS

    • States shall maintain their own well organized police2 while still under the Jurisdiction of the law.

    • Anyone acting under the Conduct of the military or police2 shall be in Uniform for military action or police action.

    Article V

    Article V outlines the details of commerce within AHSCA and it's territories. It defines the currency used between all islands and establishes the Mint of the UIS. The article also outlines the matter of income tax and the powers of Congress and the Royal Family to levy other taxes as a means of funding the Treasury.

    • Island Credit

    • Royal Mint is established as the authorized Printer of Currency and distributor of currency.

    • Congress levies an income tax for those residents of the islands. For other taxes to be levied a joint session of the Royal Family, The Leaders of Each State and the Congress must be called with a full vote to be taken on. No Island Leader nor the Royal Family may levy any other tax on the populous without a joint session and an adoption by a majority 2/3 vote.

    Article VI

    Article Six establishes the Constitution, and the laws and treaties of the United Island States made according to it, to be the law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It also requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. Article Six also states "no religious test" shall ever be required as a Qualification to any Office or public Trust under the United Island States.

    Article VII

    Article Seven sets forth the requirements for ratification of the Constitution. The Constitution would not take effect until all the states had ratified the Constitution in state conventions specially convened for that purpose, and it would only apply to those states that ratified it.

    The Ratification of the Conventions of five States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

    Article VIII

    Article Eight outlines Citizenship in the United Island States. Citizenship is already granted to:

    • Those born within the borders of the islands of AHSCA and outlying territories or diplomatic missions

    • Those born to families of islanders while outside the Federal Territory of AHSCA and outlying territories.

    • Those who have resided for a period of more than ten years.

    • Those jointly granted a rite of citizenship by the Royal Family and personas of foreign nations.

    • Those married to a citizen of the States.

    • Who have resided for five years and have not become citizens.

    The clause of giving citizenship if born outside applies to the thousands of refugees who fled during the war. The framers of the Constitution felt it would be easier to have people return to the islands without the need to apply for citizenship for each family member. This clause still applies today, for example a citizen living outside the islands not only retains their citizenship but any children born to them is also granted citizenship, including for expats and emigrants. The right of emigration is protected but requires a person to surrender half of their yearly income for taxes.

    Article IX

    Article Nine outlines the rights and responsibilities of citizens in what are known as The Twelve Rights and Responsibilities

    Citizens of the UIS shall have the rights to

    • I.Practice a faith outside the state ordained traditions within reason and spirit of the laws

    • II.Speak freely against those of office without reprisal or imprisonment

    • III.Vote in an open election for their state's representatives at the national level

    • IV.Be free from discrimination by the Government on the basis of Sex, Identity, Race and Religion

    • V.Establish a plot of land and engage in free commerce to do with that in the spirit of the law

    • VI.Be free from eminent domain without fair compensation

    • VII.Bear arms freely in the spirit of the law

    • VIII.Right to be secure in their persons within the spirit of the law

    • IX.Travel freely between states and leave and return to the nation

    • X.Serve in the Government by appointment or election upon appropriate age without regard for discrimination outlined by The Fourth Right.

    • XI. Shall have the ability to be informed by a fair and open press.

    • XII. Shall have the ability to determine their course of life and happiness

    Citizens of the UIS shall have the responsibility to

    Many of the responsibilities are call to action with only a handful enforced by actual law.

  • I.Serve and train for the defense or betterment of their homeland by committing to at least one year of military or clerical service.

  • II.Vote in elections for their state's representatives at the national level

  • III.Pay their taxes as compelled by the nation

  • IV.Secure and manage their land from all crises natural or otherwise.

  • V.Secure and manage their villages and kin from all crises natural or otherwise.

  • VI.Not impose on the rights of others acting in spirit of the law

  • VII.Train and teach the younger generations in the manners they see fitting

  • VIII.Preserve and protect the islands natural environment

  • IX.Create equitable exchange of goods and services

  • X. To respect and abide by the Constitution and other laws.

  • XI.To respect the dignity, reputation, rights, and legitimate interests of others

  • XII.Protect and maintain the natural environment of the homeland.

    Article X

    Article X establishes and outlines the Offices of the AHSCA. It gives The Duchess the ability to create or abolish offices and appoint officers.

    Article XI

    Establishes a Criminal Judiciary System for the purposes of dealing only in criminal law. It gives the ability of the Duchess and Officer of Interior the ability to appoint judges. The article outlines an accused criminal will appear for trial to be tried by an appointed judge. It also outlines incarceration procedures for the convicted.


    1: Previously written as Militia until the Fourth Constitutional Convention.

    2: Text added in conjunction with Article XI during the Fourth Constitutional Convention.

  • Report