Capisarian Constitution of 1993
Full Text
Opening Declaration (modified from the Declaration of Revolution) Citing unacceptable living conditions, intolerable suffering amongst the masses, and blatant disregard for the rights of the proletariat; the United Revolutionary Coalition hereby declares the Federation of Capisaria an illegal and corrupt institution and nullifies the Articles of Union from 1940.
In order to create a fair and open society, a society where the people, not the profits, matter, the United Revolutionary Coalition establishes the United Socialist Republic of Capisaria. The mandates established in this constitution may be amended by national vote and a victory for any changes require 2/3 of the nation’s population in favor.
Mandate One - Administrative Structure of the Nation The post revolutionary nation of Capisaria shall be divided into four levels of internal governance, as well as two levels of transnational administration. The highest level of Governance within the nation is the National State.
The National State shall be organized as the First Organizations. The duties of the First Organizations are to maintain national integrity both internally and in the international world. It is divided further and defined in Mandates Two-Four, as well as Seven. The National State laws supersede all lower states. The National State is divided into the equal branches of Executive, Legislative, and Judicial. All branches derive their power from the people and may have that power revoked via popular movement or revolution.
The states of Capisaria (including provinces, protectorates, corporate estates, départements, external territories, possessions, and/or other areas with partial or full Capisarian sovereignty) will be called Member States and are to be organized into Second Organizations. 2nd Organizations shall be organized internally according to local need, but must renew their administrative power with the 1st Organization every ten years. In order for a 2nd Organization to be recognized by the 1st Organization, the Member State must prove it’s ability to: govern to local needs when national interest does not satisfy the requirements of the Member State’s population and be able to prove the ability to run independently of the National State in the event of cataclysmic events. It may also not be monarchistic, must maintain free and open elections for all public offices within their jurisdiction, follow national law, and not make any special laws regarding other Member States.
The Revolutionary Councils of Capisaria shall be reorganized into Consultative Councils, or Third Organizations. Like their role in organizing the revolution against the Federation, the role of the Consultative Council is non-governmental and non-legislative. The councils will exist to coordinate the actions of the people to prevent a reactionary counter revolution that goes against popular will, as well as to ensure the ideals of peace, freedom, and quality of life are not lost in the post revolution nation. The councils will work closely with the Judiciary branch in the National State in this matter. The Consultative Councils also hold legislative power over non-incorporated areas of Capisarian nationality, and are responsible for organizing and documenting local unions and associations. They are also in charge of organizing new municipalities and lower jurisdictions. The consultative councils will be regionalized and based off of geographical boundaries within the region.
The municipalities of the country (all towns, cities, villages, borough, and other lower level governments) are referred to as Fourth Organizations or Local States. Local States must have an elected executive.
Affairs of the nation in ideological, military, and other organizations that involve voluntary membership and other requirements that may suit Capisarian interest, as well as regional governing, are the matters of the Transnational State. Powers in the transnational state are hereby defered to said bodies, however Capisaria shall not join in any Fascist Organizations, Alliances, etc Imperialist Organizations, Alliances, etc Unions with other nations where this constitution would be overriden Other collectives where part or all of this constitution would be violated. An organization where the legislative authority of Capisaria would be compromised
International State will be the highest authority of administration acknowledged by the nation. The International States is the World Assembly, as described in Gen Assembly: Resolution One “The World Assembly”. Capisaria will follow WA resolutions upon passage, vote in ALL resolutions brought forward in the General Assembly, and use it’s discretion in voting in Security Council resolutions. The Council of Unions, with approval of the Prime Minister, decide what Capisaria will cast its vote in favor of. The President will appoint an ambassador to the WA, to serve one five year term. The Parliament may advise the president on his or her nomination process. Upon repealing of legislation, the congress of Capisaria must vote to either approve the repeal of maintain the enforcement of the law in Capisaria as national law.
Mandate Two - Executive Power The executive power shall be vested in a National Secretary of the Country. They shall hold this Office during the term of six years, with no consecutive terms, and no more than three terms. The National Secretary is the Chief of State. The Secretary has the authority to appoint subordinate secretaries to departmental positions, command the armed forces, and take part in any diplomatic or international affairs not otherwise prohibited by national law. The executive must also have been born in Capisaria, not been convicted of collaborating with the Federal Party, or for promoting a return to the prerevolutionary Capisarian nation. The executive must be at least of 32 years of age when taking office, although exceptions may be requested and approved by the Consultative Council in the home region of the person making the request.
Mandate Three - Legislative Power The lawmaking duties of post revolutionary Capisaria is vested in the Congress of Capisaria. Congress shall consist of two separate and equal houses of legislation, the Council of Unions and the Parliament of the Republic.
All laws made and enforced by the National Government must be drafted as bills in one of the bodies, approved by that body and forwarded to the other for review and seconding. If the bill fails to be seconded, the house in which the bill originates in may vote to bypass the other house and forward the bill for voting on by the general public.
In Parliament, the Senate is to consist of three senators for each Member State, elected by popular vote of the people of each Member State. Elections shall occur once every 4 years and the duration of campaigning may not exceed more than 13 months leading up to election day.
Congress shall appoint with all members present, a Prime Minister. The prime minister is the Head of State.
Mandate Four - Justice in the Republic The highest judicial power of the country is the High Tribunal of Capisaria. The High Tribunal of Capisaria must uphold and protect the revolution and rights of the people. The High Tribunal also is tasked with settling the differences between the French départements and the English provinces or states.
The tribunal shall consist of 11 magistrates. Five of these magistrates shall be appointed by the National Secretary, who shall serve on the court until resignation or death. Three are to be appointed by the Council of Unions and shall serve at the discretion of the Council, and three magistrates voted on by the general populace, who shall serve a term of 10 years. The five life term positions may not be held by a person who has served in a limited position on the tribunal.
For a dispute to be brought before the Tribunal, the case must first have been heard in at least one lower court of the First Organization, as well as one court from the Second Organization from which the case was filed in. The Tribunal has the authority to overrule lower legal decisions, and may itself be superseded by regional and international law. All decisions of the Tribunal may be enforced by the Consultative Councils, and the Tribunal may levy appropriate sentencing to criminals.
Capital punishment is a penalty reserved for crimes against females and children, it is not appropriate for crimes of political natures, reactionary, counterrevolutionary, or otherwise.
The Tribunal also shall mediate in disputes between Unions, as well as other instances where the spirit of the revolution is strong. The tribunal shall have its ruling enforced by the Third Organizations, in any way deemed necessary so long as it is in accordance with national law and the constitution.
Consultative Councils may request to review of all laws, programs, and other non-internal administrative functions of the National State. A council must first lodge a request with the Tribunal. The request will then be forwarded to the other councils. If more than two other councils second the request, all records and data pertaining to the request will be sent to the councils, who will then adjourn to review the information. The councils will then take to the populace within their regions, and hold meetings that will be broadcast on the air and on the internet, where both the council and the people will discuss the material under review. A verdict must be reached within 8 months of the original approval of the request. No request for review may be denied.
Mandate Five - Unions All citizens of the republic have the right to unionise and organise for their own interest in survival. There are three types of Unions: Workers Unions, Capitalists Unions, and Intellectuals Unions. Membership in one type of these unions is mandatory, membership in more than one must only be symbolic or ceremonial.
Workers Unions are hereby declared to be unions for which the people of industry, agriculture, and other trades that involve the exploitation of the aforementioned people for capital gains. Anyone may form a workers union. A worker’s union may apply to be a nationally recognized union upon having gained a membership that is at least 40% of the union’s specified trade(s). Each recognized Worker’s Union shall have one seat on the Council of Unions, and may have up to five seats, if a Union gains a 100% membership rate of its trade(s).
Capitalist Unions are hereby declared to be unions for which the people of banks, financial institutions, and others trades of corporate or bourgeoisie nature. Capitalist Unions must declare a specific target constituency, must have a membership rate of 70% or higher of people in said target constituency, and must refute any goals of counterrevolution. Each Capitalist Union is entitled to no more than one seat in the Council of Unions.
Intellectual Unions are hereby declared to be unions for which the people of science, education, and other other professions that facilitate the education of the masses or the furthering of knowledge. They are also declared to be unions for which the people who make art, music, and visual media (such as movies or television shows) may be a part of. Intellectual Unions must be affiliated with institutions of learning, or contain at least 60% of the people in their field in order to apply for government recognition. They may make up to a portion of the Council that is related to the proportion of their constituents in the nation.
Mandate Six - Reaches of the Government The government maintains the right of regulation, taxation, and to wage war in order to maintain the sovereign territory of Capisaria as well as in the defence of her citizens, her allies and her allies citizens. The government may not restrict the rights of citizens without due process of law.
Mandate Seven - Economic Rules All citizens of Capisaria are entitled to the natural rights of life and happiness, and to the political rights of speech, assembly, opinion, and spirituality. No individual, corporation, business, or government may in any way hinder the survival and success of an individual. All individuals, corporations, and businesses are obliged and entitled to a voice in the government, and the government is obliged to listen.
The economy is hereby divided into three entities. These entities are to remain independent and separate of one another. The economies hold no authority over one another, are considered equally important, and are all subject to the will of the people, as well as the consequences of their actions.
All non-essential goods and services are hereby declared to be in the market economy. Non-essential is defined as: goods and services that if not provided or utilized over an extended period of time would not result in the hindering of cessation of the life of the individual. The market economy is to be what its internal forces decide, however, Congress may place create departments and bureaus tasked with the regulation of the market economy. Additionally, all corporations operating in this sector of government must maintain their own council of employees, and at least 15% of stock must be owned by their employees. Corporations where employees own more than 15% of stock may be granted special privileges within the republic.
All essential goods and services to the basic survival of a person are hereby declared to be the life’s rights economy. Essential is defined as: goods and services that if not provided or utilized over an extended period of time would result in the death of the individual. Institutions and services that fall into this economy may not operate at a profit, and may only sell goods and services at a price that covers the cost of production, management, and compensation for all employees and owners of the institution or service.
All good and service pertaining to, or involving the use of aggressive or defensive actions, are hereby declared to be the military economy. Aggressive or defensive actions are defined as: the manufacture of all weapons, vehicles, ships, planes, and other items used in the military of Capisaria in all wartime activities, training exercises, and up to 50% of internal administrative functions, and the materials needed to manufacture these items. The military may not draw more than 20% of a resource required for its efficient and effective function, when the resource is located within the Socialist Republic’s borders. If a resource is required by the military in order to manufacture it’s weapons, the military may acquire the resource from another country through peaceful means, or may obtain the resource from another country that has already officially been declared to be in open conflict with the Capisarian nation. The military may not unilaterally declare war.
Mandate Eight - Elections All elections are mandatory national holidays. No businesses may open without first gaining prior permission as an essential practice, and must still allow all employees one full hour with at least half pay, in order to allow voting. Voting is mandatory for all citizens. Elections are on the first Wednesday in July of the voting year.
Mandate Nine - Enforcing the Constitution The National State has the authority to create, maintain, and finance any and all agencies, departments, and authorities to enforce only what is mentioned in the constitution. For ease of reference and any legalities that may arise in the future, a list will be attached to the constitution of all rights given to the First Organization.
Right to maintain a military Right to regulate commerce Right to tax the people with representation Right to conduct foreign relations without full review by the populace Right to pass legislation within the confines of the constitution
