The Constitution of The Confederation of the Small Magellanic Cloud [CoSMaC]
The Constitution of The Confederation of the Small Magellanic Cloud [CoSMaC]
Preamble:
We, the United Nations of the Small Magellanic Cloud [SMC] Dwarf Galaxy and their leaders, in order to make a unified body, peaceful relations, and strong common defense as a power in the Universe, declare that our state of union be known under the banner of the newly made Confederation of the Small Magellanic Cloud [CoSMaC] as we form ourselves within the SMC. To create a Tranquil setting, we have laid claim to the SMC Dwarf Galaxy, as our Home, and Independent to that of any other Galactic Law. The rule of law shall be established herein by the Executive, Legislature, and Judiciary Branches of the CoSMaC's Federal Government.
Article One [Branches of Government]: According to this Article of the Constitution, CoSMaC will declare the following seats of Government into it's body to provide a peaceful yet sturdy foundation to CoSMaC and it's member nations:
Section One [Executive Branch]: According to This Constitutional Article, CoSMaC will declare a single leader as the official head of the Confederate Government. This leader will declare a secondary, while the third leader is chosen by majority vote of the Legislature.
SubSection A [The Executive Officer]
The Executive Position will have the utmost power within the Seats of Government of CoSMaC, upholding the powers of Controlling Military Powers, Upholding Order within CoSMaC nations, make binding treaties and trade agreements, appoint Cabinet level, Director, Administrator, and Judicial positions within the Military and Diplomatic Boards as well as the Confederate Court, ratify or veto amendments, bills, proclamations, declarations, etc made or presented by the Confederate Legislature, and can present amendments and bills to the Legislature to be voted on. The Executive shall be granted the authority to nominate Member States for ejection from the Faction. The Executive Position will also act as the Supreme General of CoSMaC Military Forces, giving the Executive a mandatory spot on the Military Board. The Executive shall also have the power to authorize Executive Military Actions, which shall be binding and carry a term of no more than 3 Galactic Months (7 days). All Director level positions of the Military and Diplomatic Boards report to The Faction Executive on a schedule determined by the sitting Executive.
The Executive may also have the ability to claim a "State of Emergency", which is described as a State of the Union that is in Crisis, under Attack, or some other form of drastic event that calls for full Executive Power over the Faction, even in spite of the Legislation's Orders of CoSMaC. A state of Emergency may only be relieved by two ways:
1. The Executive's Time-frame of the State of Emergency must run out. Standard Time Frames of the State of Emergency last 3 Standard Galactic Months (7 days).
2. The Legislature Votes 2/3's successfully to revoke the State of Emergency. The Executive has the power to extend the State of Emergency, even after the original one is in place, but only once. If the situation calls for further extensions, the Legislature must approve of the extensions with a 50% plus 1 vote.
3. The Supreme Court revokes the State of Emergency
The Executive Term lasts One standard Galactic Year. (One Month/Four Weeks) Once it ends, the Executive may not serve more than one consecutive term. The Executive is elected by majority vote of all members of the faction. If no Executive is elected, or if the election is tied, then the Legislature will nominate and elect an Executive.
The Executive has the power of Executive Order, which permits the Executive to put laws in place which are deemed required by the Executive. These orders can be reversed by another Executive Order or the Legislature can override an Executive Order with a 3/4 vote of the Legislature.[5:2 Vote with 7]
The Executive of the Faction is charged with making public relations statements during their administration. A minimum of two PR campaigns must be launched. If this duty cannot be performed, it shall be executed by the Vice Executive.
Executives MAY NOT be the Leader of a Nation. An Independent, Nation Elected Representative may only serve in the Executive office of CoSMaC.
SubSection B [Vice Executive Position]:
Once elected, the Executive Officer will appoint a Vice Executive to be the Chairman of the Diplomatic Board. The Vice Executive must be approved by the Legislature with a 50% plus 1 vote. This individual will carry a majority of the powers of the Executive, in the event that the Faction Executive is unavailable. The powers of the Chairman of the Diplomatic Board [Vice Executive] will include having the power to make binding treaties and trade agreements, present the Legislature with amendments, bills, and other actions of law. The Vice Executive will be granted the authority to act as the Commander of the Armed Forces should the Executive be unable to fulfill that duty. The Faction Vice Executive shall be granted the responsibility of ensuring that a minimum of two PR campaigns are launched during their administration.
In the event that the Faction Executive is unavailable, the Vice Executive has the power to issue a State of Emergency. Due to the nature of the Vice Executive position, this State of Emergency proclamation will have further limitations placed on them. The State of Emergency power of the Vice Executive can be relieved with any of the following ways:
1. The Vice Executive's time frame runs out. The standard time frame for a Vice Executive is 1 Galactic Month (48 hours).
2. The Legislature Votes 50% plus 1 to revoke or rescind the State of Emergency. The Vice Executive does not have the power to extend a State of Emergency. If the Executive has not returned, then the Legislature must approve of any extensions with a 2/3 vote.
3. The Executive revokes the State of Emergency.
4. The Supreme Court revokes the State of Emergency.
The Vice Executive does not have the power to issue an Executive Order under any circumstances, nor can they make unilateral decrees. The Vice Executive MAY NOT be the Leader of a Nation. An Independent, Nation Elected Representative may only serve in the CoSMaC Vice Executive Role.
Section Two [Legislative Branch]: According to this Constitutional Article, CoSMaC will declare 1/3's of members will be elective Legislators within the Government Seat, herein known as the Confederate Legislature or the Legislature. All members of the faction will have the ability to vote for the Legislative positions. All members of the faction will have the ability to be placed in the poll for legislative positions.
The Legislature has the power to make laws, bills, and amendments for the constitution, which must be presented to the Executive for ratification or veto. The Legislature shall have the power to veto any law, proclamation, declaration, of Executive Order of the Executive or Supreme Court with the selected Majority vote. [Meaning a pre-placed vote type, 1/2, 2/3, 3/4 etc.] The Legislature will be given the right to override an Executive Veto should they acquire either a 3/4 securing vote or gain Supreme Court approval. Finally, the Legislature will also have the sole authority to make a formal declaration of war. The Executive can veto this action, but the Legislature can override the Executive in a Declaration of War with either a 2/3 vote or with support from the Supreme Court.
The Legislature, as stated in Section One, SubSection A, has the ability to revoke a State of Emergency, as well, the ability to remove an Executive from Office Early.
An Executive can only be removed Early if the following Reasons are Provided and proof of these crimes is verified:
1. The Executive performs or requests a member to Perform an Illegal Act against CoSMaC or another Nation outside of CoSMaC, and the Requested Nation's jurisdiction.
2. The Executive places a State Of Emergency, without just cause which could jeopardize this Constitution and the CoSMaC at large.
3. The Executive commits an act of treason, endangering every member of the Confederation.
The Legislature, as also stated in Section One, SubSection A, has the authority to extend an Executive called State of Emergency, but if they wish to extend beyond a 4th period (1 full month), then the Supreme Court must approve of the move with a final and definite extinction date.
The Legislature Term lasts for one half of a standard Galactic Year (Two Weeks.) Once it ends, the Legislator may run again, as many times as their own will provides.
Legislators MAY NOT be the Leader of A Nation. An Independent, Nation Elected Representative, may only serve in the Legislator of CoSMaC
SubSection A [Speaker of the Legislature]: According to this Constitutional Article, CoSMaC will declare a Speaker of the Legislation to oversee the work and progress of the Confederate Legislature. The Speaker will be elected by a 50% plus one vote of the Legislators. If no Speaker is chosen within one half of a Galactic Month (24 hours), then the Executive shall appoint a Speaker. The Speaker will be the Chief Legislator, and have the ability to call and maintain order in Legislature Sessions. The Speaker MAY NOT be the Vice Executive and also MAY NOT be the Leader of a nation, but rather an elected national representative.
Section Three [Judicial Branch]: According to this Constitutional Article, CoSMaC declares that it shall appoint a Supreme Court of 3 judges, one of which shall be named Chief Justice. The three justices will convene on topics pertaining to CoSMaC law and interpretation. They also have the authority to issue Extradition Orders to CoSMaC Member Nations for persons in the custody of the member. These justices cannot be The Executive, Vice Executive, or Speaker of the Legislature and are seated permanently unless they vacate their seat to run for Executive, Vice Executive, or Speaker.
Justices to the Supreme Court are appointed by the Faction Executive and must be approved by a 50% plus 1 majority vote of the Legislature. Justices can be removed upon request of the Executive and a 2/3 approval vote of the Legislature. No more than one justice can be removed from the Court during any given Executive term unless a justice is not active or relinquishes their position or if the Justice is one of the parties accused in the case presented.
ONLY the First Supreme Court shall be fully appointed by the Executive with approval from the Speaker of the Legislature.
Section Four [All Members' Rights]: According to this Constitutional Article, CoSMaC declares ALL MEMBERS Equal with the Legislative, Judicial, and Executive positions. No Member shall be mistreated, abused, misguided, and/or forgotten about. All nations that are members of CoSMaC shall be respected to the highest degree, as the branch that has the most respective power: The Voice of the People.
All Members have the ability to call a Vote of No Confidence on any member nation. Upon a call for this vote, The Legislature and All Members besides the accuser and accused will vote. The Final Decision is FINAL. There shall be NO appeal. If the Party accused is cast with a Vote of No Confidence, the shall be reprimanded and removed from CoSMaC immediately. If the Party Accused is Voted Loyal, they are still admitted into the faction without pause or second thoughts.
All of the faction members have the right to run for any position they wish within CoSMaC; be that an Official Position within the Legislature or Executive Office, as a member of the Supreme Court, or as a Diplomatic or Military Board Position.
All New Members must be inspected for possible denial in loyalty and anything that could threaten this faction and it's constitution. New Members will NOT Be allowed to run for any positions for Two Legislation Terms or one Executive Term, at which time, they will be given freedom to run for any position they wish.
All Members are Subject to staying and abiding to this constitution and it's laws. Should a Member leave this faction without due reason (Personal Reasons, or if done with a cause in RP are NOT subject to this law), that party is subject to Treason on the highest level and account and should be noted as a possible security threat. That, without question, will be dealt with to the most extreme authorities CoSMaC can present to quell or completely eliminate the security and risk. All Members are officially apart of a Blood Pact Between all Nations of CoSMaC. We live together, we die together. Nations who wish to leave the faction, and aren't being forcefully removed by the CoSMaC Political Body, must give notice to leaving, and with purpose that gives good way of knowing that the Nation will not betray CoSMaC later in time.
SubSection A [Heads of State for CoSMaC Member Nations]:
The Head of State of any member nation of the Confederation of the Small Magellanic Cloud is not eligible to hold any office within the CoSMaC government. Should a Head of State be accused of a crime, or captured in international CoSMaC space (not your nation's sovereign space) under suspicion of a crime, they are granted a limited level of diplomatic immunity. Under no circumstances is a Head of State from a CoSMaC Member Nation to be detained by CoSMaC Federal or Sovereign National authorities. If the need to question, extradite, or detain a head of state arises, it must be passed through the Director of Internal Affairs. Should the Director not be able to resolve the matter diplomatically, then it should be passed to the Supreme Court and handled exclusively through the Federal Court system. The Head of State will be required by law to appear in the Supreme Court or face extradition by force via the Policing Agencies under the supervision of the Director of Internal Affairs or by the military if so authorized by the Faction Executive and the Chief Justice of the CoSMaC Supreme Court.
SubSection B [National Sovereignty]:
Every member nation of CoSMaC shall remain a sovereign state with their own governing laws and provisions. Sovereign National laws shall trump CoSMaC Federal laws when within a nation's borders, but when outside of those borders, the CoSMaC Federal laws shall apply, save for Heads of State. CoSMaC's Federal Government has no authority to dictate or determine a member nation's sovereign policies on any front.
Section Five [Sub-Legislation Positions]: According to this Constitutional Article, the Executive of CoSMaC will appoint Sub-Genre Legislature Positions, as needed, at the start of each Executive Term. These positions, which will be highly responsible for the internal and external workings of CoSMaC and her nations, are not a part of the Legislature itself, but a secondary legislative body, the Board of Diplomatic and Military Directors. All members have the ability to apply for these positions, as well, being a part of the Legislature at the same time, however, the Executive is not to be included in this Board, and must retire from his or her position on any Diplomatic or Military board since the Executive is the Supreme Commander of the Military. The Board of Directors include the following positions in both military and diplomatic affairs, and will be subject to change under the Board's own subject ruling; no other outside party:
Board of Diplomatic and Military Directors:
- Board of Military Affairs
-- Supreme Commander Of CoSMaC - Reserved for the Executive
--- Board of Military Directors
---- Fleet Admiral of the Confederate Navy
---- General of the Confederate Marines
---- Administrator of CoSMaC Intelligence
---- Administrator of Research and Development
- Board of Diplomatic Affairs
--Chairman of the Diplomatic Board - Reserved for the Vice Executive
-- Director of Internal Affairs
-- Director of Foreign Affairs
-- Director of the Economy
-- Director of Trade and Customs
These positions, opened to all those who are not in the "New" state of membership, are permanent terms, unless removed by the Board, the Legislature by a 3/4 vote, or the Supreme Court. Those who fill these positions will have semi-autonomous authority and jurisdiction, without interference from anyone besides the Board itself or the Executive, over their selected fields of duty and operation. As previously stated in Section One, SubSection A, all members of these boards report to the Faction Executive.
SubSection A [Position Descriptions and Jurisdictions]:
Board of Military Affairs: Has complete control and say over all things dealing with CoSMaC Military, and when authorized by Member Nations - over national military bodies as well.
Supreme Commander of CoSMaC: Is the Executive Position, has complete and overall say over anything dealing with the Military Board.
Board of Military Directors: Subordinates to the Supreme Commander dealing with each individual branch of the CoSMaC Military.
Fleet Admiral of the Confederate Navy: Incharge of all things related to the Space and/or Sea Navy's of CoSMaC and the Federal Navies.
General of the Confederate Marines: In charge of all things related to Ground and Planetary Aerospace Units. Works in joint with National Ground and Planetary Aerospace Forces.
Administrator of CoSMaC Intelligence: Incharge of Federal Intelligence, works in joint with National Intelligence Agencies.
Administrator of Research and Development: Incharge of Military Gain and Advancements in Technologies.
Board of Diplomatic Affairs: In charge of Foreign and Interal Affairs not needing Military Force.
Chairman of the Diplomatic Board: Oversees all things dealing with CoSMaC Diplomacy, Economy, and Trade, reporting to the Executive any issue that may be of concern to the CoSMaC Members or citizens.
Director of Internal Affairs: Works in Joint with internal CoSMaC Nations to settle disputes and heads Federal Policing Services as granted by the Federal Investigative Services Act.
Director of Foreign Affairs: Works in joint with Foreign Nations to make Peace Treaties, Pacts, and works in joint with the Director of Trade. Also heads International Peace Keeping Forces CoSMaC Would provide towards situations outside our Boarders and has the power to authorize any form of humanitarian aid to an allied nation, faction, or alliance.
Director of Economy: Incharge of the Federal Budget and Reserve. Keeps Economic balance within CoSMaC And manages Funds. Works in joint with Director of Trade as well as maintaining policing forces as delegated in the Federal Investigative Services Act.
Director of Trade and Customs: Incharge of providing Trade Routes and Agreements to all Foreign and Internal Nations and is in charge of Federal Customs.
SubSection B [Chain of Command]:
1. Executive
2. Vice Executive [Chairman of the Diplomatic Board]
3. Speaker of the Legislature
4. Director of Foreign Affairs
5. Fleet Admiral of The Confederate Navy
6. Director of The Economy
7. General of the Confederate Marines
8. Director of Trade and Customs
9. Administrator of CoSMaC Intelligence
10. Director of Internal Affairs
Section Six [Changes to the Confederate Constitution]: This Article states that no changes will ever be made to the Constitution itself. The only changes that shall be allowed by law within the CoSMaC Government are done through amendments to the Constitution.
Article Two [Territorial Claims]:
Section One [CoSMaC Boundaries]: According to this Constitutional Article , CoSMaC has laid claim to ALL of the SMC Galaxy, and its outer rims, excluding the Magellanic Bridge. Those ENTERING or passing through this Galaxy are subject to Our Laws, Jurisdiction, and (including, but not limited to) if Trespassing, or bringing an active military force within our boundaries, our Rulings and Punishments.
This Constitution Provides the Proper independence needed to lay claim, and expel Milky Way Law from our Borders because we are not apart of, in any way, a part of the Milky Way. If the Milky Way, or any of it's nations within it's own Galactic Law try to conform our Sovereign Confederacy, they will be subject to full scale war, and under their own penalties of Law due to unnecessary engagement.
CoSMaC has the right, ability, and under no penalties of any law known during the draft of this Constitution, to settle and lay claim to this Galaxy. All those opposed are considered a threat to our security and will be dealt with accordingly through either Diplomatic or Military Actions, with the possibility of both.
Section Two [CoSMaC Member Nation Territorial Claims]: According to this Constitutional Article, CoSMaC grants the settlement, and use of any and all planets within the confederacy's own Boarders to any and all members that chose to settle in the SMC. Territorial Claims are free, and are made by the Nation's personal selection. CoSMaC, in no way, shape, or form, as the right to interfere with Individual Nation Territorial Claims.
Trade between territories, colonial, or embassy affairs are a Nation-Nation deal, and CoSMaC should not interfere unless a dispute that could become hostile shows itself between the parties at hostilities.
Any Nation not within CoSMaC must sign a Mutual Pact of Cooperation with the Confederacy to lay claim to territory, which will be subject to the proper Taxes, and other items that this section may be subject to change with.
Article Three [Laws]: According to this Constitutional Article, CoSMaC has assigned set laws and jurisdictions to the Rights of the People and the nations they abide in within the SMC Galaxy. These Laws are to be followed and respected when within CoSMaC Territories. Under no circumstances, without due appointed Diplomatic Immunity, should anyone be given free passage as to being within and without of the Law that this Constitution bounds on the people of CoSMaC and her Territories.
All people of CoSMaC are subject to them, and all visitors from other nations must respect these, and the individual nation laws that come with this Constitution. If they do not, they will receive punishment on the highest levels.
ALL Laws within this Article are subject to change under the circumstances that the Executive presents to the People, and any change may be reverted with due process of the Legislation.
Section One [Federal Laws]:
According to this Constitutional Article, CoSMaC presents set Federal Laws and Bounds to any and all persons, nations, and visiting Nations within CoSMaC Territories.
1.1 [Treason]: Treason is defined by CoSMaC as an Act of which a party within CoSMaC betrays, under-means, or causes harm in any way to any other Nation(s) supporting a CoSMaC Banner, or CoSMaC itself; Or breaks the terms of a Peace Treaty or Pact of Cooperation. In which, Treason Accounts are a due care process which will Trail by Judge, and, if necessary, execute the party of cause.
Punishments include, but are not limited to, Execution of Parties involved, if a nation, then the Nation Leader or Leading Parties, Annexing of a Nation, and destruction of a peoples Nation that causes direct form of Treason. Indirect Forms will be dealt with in a similar fashion.
1.1.1 [Indirect Treason]: Indirect Treason is defined by CoSMaC as an Act to support, or help create, enact, or clean up (cover up) a direct party's involvement in Treason.
Punishments shall be handed with similar cause to that of Treason.
1.2 [Trespassing]: Trespassing is defined by CoSMaC as the Unlawful or unjustified act of setting an Individual Nation's ships, people, etc, in the territories of another Nation. This cause must be justified, or permitted by the Nation to allow access into the Nation's territories; otherwise, it is not permitted.
Trespassing, if Committed or if one is Charged (Must be charged by the Individual Nation itself, CoSMaC can not intervene), the Individual nation has right to prosecute in his/her own manner. Further punishment may vary, and if called upon by the Victim Nation, the accused may be charged with Treason as well. That, at which, is where CoSMaC may intervene and provide further trial (Refer to Treason for continuing.)
1.2.1 [Federal Trespassing]: Federal Trespassing is defined by CoSMAC as the unlawful, unjustified, or prohibited Act of bringing a Individual Nation's Or Government Body's territory or personnel (Ships, People, etc) that is not a part of CoSMaC. This is explained as an Act of War to this Constitution, and will be responded with Diplomatic and/or Military Force to quell the Act of Federal Trespassing.
1.2.2 [Active Military Trespassing]: AMT, or Active Military Trespassing, is defined by CoSMaC as the unlawful act of moving Active Military units into Federal, or Individual Nation's Territories without first consent of the needed Governing Bodies. This is defined as an Act of War, an Invasion, and shall be treated with the Capture or destruction of the Accused's Ships, Personnel, and any other owned threat by said accused. Further Diplomatic and/or Military Force will be permitted by this constitution until the event is settled.
Section Two [Individual Nation's Laws]:
According to This Constitutional Article, CoSMaC respects, and entitles ALL members of CoSMaC's laws under its own banners and constitutions. Each nation is entitled to it's laws and orders under which the nation was founded upon. CoSMaC, under NO Circumstances, should be allowed to make changes to laws that are applied in an individual nation.
However, ALL Nations are told to respect, and authorize the authority of this Constitution and it's Laws. All nations that do not respect, or recognize CoSMaC's Federal Laws and Terms that this constitution presents WHILE within a Representing CoSMaC Nation or CoSMaC territory should be removed from CoSMaC and/or her territories. If a Representing Nation of CoSMaC or Member does the same, an account of Treason shall be made.
Article Four [Constitutional Procedures]:
According to this Constitutional Article, CoSMaC presents it's rights and procedures for due process when Federal Terms apply to the situation.
CoSMaC Possesses the Right to preform these Procedures when the situation within a CoSMaC territory, or a CoSMaC representing Nation. All nations that do not recognize the authority of CoSMaC within these given situations, which will be explained in this article, will be subject to punishments by the Federal Government.
This Constitution is law as of 11/19/2010 at 8:20 PM Pacific Time.
Preamble:
We, the United Nations of the Small Magellanic Cloud [SMC] Dwarf Galaxy and their leaders, in order to make a unified body, peaceful relations, and strong common defense as a power in the Universe, declare that our state of union be known under the banner of the newly made Confederation of the Small Magellanic Cloud [CoSMaC] as we form ourselves within the SMC. To create a Tranquil setting, we have laid claim to the SMC Dwarf Galaxy, as our Home, and Independent to that of any other Galactic Law. The rule of law shall be established herein by the Executive, Legislature, and Judiciary Branches of the CoSMaC's Federal Government.
Article One [Branches of Government]: According to this Article of the Constitution, CoSMaC will declare the following seats of Government into it's body to provide a peaceful yet sturdy foundation to CoSMaC and it's member nations:
Section One [Executive Branch]: According to This Constitutional Article, CoSMaC will declare a single leader as the official head of the Confederate Government. This leader will declare a secondary, while the third leader is chosen by majority vote of the Legislature.
SubSection A [The Executive Officer]
The Executive Position will have the utmost power within the Seats of Government of CoSMaC, upholding the powers of Controlling Military Powers, Upholding Order within CoSMaC nations, make binding treaties and trade agreements, appoint Cabinet level, Director, Administrator, and Judicial positions within the Military and Diplomatic Boards as well as the Confederate Court, ratify or veto amendments, bills, proclamations, declarations, etc made or presented by the Confederate Legislature, and can present amendments and bills to the Legislature to be voted on. The Executive shall be granted the authority to nominate Member States for ejection from the Faction. The Executive Position will also act as the Supreme General of CoSMaC Military Forces, giving the Executive a mandatory spot on the Military Board. The Executive shall also have the power to authorize Executive Military Actions, which shall be binding and carry a term of no more than 3 Galactic Months (7 days). All Director level positions of the Military and Diplomatic Boards report to The Faction Executive on a schedule determined by the sitting Executive.
The Executive may also have the ability to claim a "State of Emergency", which is described as a State of the Union that is in Crisis, under Attack, or some other form of drastic event that calls for full Executive Power over the Faction, even in spite of the Legislation's Orders of CoSMaC. A state of Emergency may only be relieved by two ways:
1. The Executive's Time-frame of the State of Emergency must run out. Standard Time Frames of the State of Emergency last 3 Standard Galactic Months (7 days).
2. The Legislature Votes 2/3's successfully to revoke the State of Emergency. The Executive has the power to extend the State of Emergency, even after the original one is in place, but only once. If the situation calls for further extensions, the Legislature must approve of the extensions with a 50% plus 1 vote.
3. The Supreme Court revokes the State of Emergency
The Executive Term lasts One standard Galactic Year. (One Month/Four Weeks) Once it ends, the Executive may not serve more than one consecutive term. The Executive is elected by majority vote of all members of the faction. If no Executive is elected, or if the election is tied, then the Legislature will nominate and elect an Executive.
The Executive has the power of Executive Order, which permits the Executive to put laws in place which are deemed required by the Executive. These orders can be reversed by another Executive Order or the Legislature can override an Executive Order with a 3/4 vote of the Legislature.[5:2 Vote with 7]
The Executive of the Faction is charged with making public relations statements during their administration. A minimum of two PR campaigns must be launched. If this duty cannot be performed, it shall be executed by the Vice Executive.
Executives MAY NOT be the Leader of a Nation. An Independent, Nation Elected Representative may only serve in the Executive office of CoSMaC.
SubSection B [Vice Executive Position]:
Once elected, the Executive Officer will appoint a Vice Executive to be the Chairman of the Diplomatic Board. The Vice Executive must be approved by the Legislature with a 50% plus 1 vote. This individual will carry a majority of the powers of the Executive, in the event that the Faction Executive is unavailable. The powers of the Chairman of the Diplomatic Board [Vice Executive] will include having the power to make binding treaties and trade agreements, present the Legislature with amendments, bills, and other actions of law. The Vice Executive will be granted the authority to act as the Commander of the Armed Forces should the Executive be unable to fulfill that duty. The Faction Vice Executive shall be granted the responsibility of ensuring that a minimum of two PR campaigns are launched during their administration.
In the event that the Faction Executive is unavailable, the Vice Executive has the power to issue a State of Emergency. Due to the nature of the Vice Executive position, this State of Emergency proclamation will have further limitations placed on them. The State of Emergency power of the Vice Executive can be relieved with any of the following ways:
1. The Vice Executive's time frame runs out. The standard time frame for a Vice Executive is 1 Galactic Month (48 hours).
2. The Legislature Votes 50% plus 1 to revoke or rescind the State of Emergency. The Vice Executive does not have the power to extend a State of Emergency. If the Executive has not returned, then the Legislature must approve of any extensions with a 2/3 vote.
3. The Executive revokes the State of Emergency.
4. The Supreme Court revokes the State of Emergency.
The Vice Executive does not have the power to issue an Executive Order under any circumstances, nor can they make unilateral decrees. The Vice Executive MAY NOT be the Leader of a Nation. An Independent, Nation Elected Representative may only serve in the CoSMaC Vice Executive Role.
Section Two [Legislative Branch]: According to this Constitutional Article, CoSMaC will declare 1/3's of members will be elective Legislators within the Government Seat, herein known as the Confederate Legislature or the Legislature. All members of the faction will have the ability to vote for the Legislative positions. All members of the faction will have the ability to be placed in the poll for legislative positions.
The Legislature has the power to make laws, bills, and amendments for the constitution, which must be presented to the Executive for ratification or veto. The Legislature shall have the power to veto any law, proclamation, declaration, of Executive Order of the Executive or Supreme Court with the selected Majority vote. [Meaning a pre-placed vote type, 1/2, 2/3, 3/4 etc.] The Legislature will be given the right to override an Executive Veto should they acquire either a 3/4 securing vote or gain Supreme Court approval. Finally, the Legislature will also have the sole authority to make a formal declaration of war. The Executive can veto this action, but the Legislature can override the Executive in a Declaration of War with either a 2/3 vote or with support from the Supreme Court.
The Legislature, as stated in Section One, SubSection A, has the ability to revoke a State of Emergency, as well, the ability to remove an Executive from Office Early.
An Executive can only be removed Early if the following Reasons are Provided and proof of these crimes is verified:
1. The Executive performs or requests a member to Perform an Illegal Act against CoSMaC or another Nation outside of CoSMaC, and the Requested Nation's jurisdiction.
2. The Executive places a State Of Emergency, without just cause which could jeopardize this Constitution and the CoSMaC at large.
3. The Executive commits an act of treason, endangering every member of the Confederation.
The Legislature, as also stated in Section One, SubSection A, has the authority to extend an Executive called State of Emergency, but if they wish to extend beyond a 4th period (1 full month), then the Supreme Court must approve of the move with a final and definite extinction date.
The Legislature Term lasts for one half of a standard Galactic Year (Two Weeks.) Once it ends, the Legislator may run again, as many times as their own will provides.
Legislators MAY NOT be the Leader of A Nation. An Independent, Nation Elected Representative, may only serve in the Legislator of CoSMaC
SubSection A [Speaker of the Legislature]: According to this Constitutional Article, CoSMaC will declare a Speaker of the Legislation to oversee the work and progress of the Confederate Legislature. The Speaker will be elected by a 50% plus one vote of the Legislators. If no Speaker is chosen within one half of a Galactic Month (24 hours), then the Executive shall appoint a Speaker. The Speaker will be the Chief Legislator, and have the ability to call and maintain order in Legislature Sessions. The Speaker MAY NOT be the Vice Executive and also MAY NOT be the Leader of a nation, but rather an elected national representative.
Section Three [Judicial Branch]: According to this Constitutional Article, CoSMaC declares that it shall appoint a Supreme Court of 3 judges, one of which shall be named Chief Justice. The three justices will convene on topics pertaining to CoSMaC law and interpretation. They also have the authority to issue Extradition Orders to CoSMaC Member Nations for persons in the custody of the member. These justices cannot be The Executive, Vice Executive, or Speaker of the Legislature and are seated permanently unless they vacate their seat to run for Executive, Vice Executive, or Speaker.
Justices to the Supreme Court are appointed by the Faction Executive and must be approved by a 50% plus 1 majority vote of the Legislature. Justices can be removed upon request of the Executive and a 2/3 approval vote of the Legislature. No more than one justice can be removed from the Court during any given Executive term unless a justice is not active or relinquishes their position or if the Justice is one of the parties accused in the case presented.
ONLY the First Supreme Court shall be fully appointed by the Executive with approval from the Speaker of the Legislature.
Section Four [All Members' Rights]: According to this Constitutional Article, CoSMaC declares ALL MEMBERS Equal with the Legislative, Judicial, and Executive positions. No Member shall be mistreated, abused, misguided, and/or forgotten about. All nations that are members of CoSMaC shall be respected to the highest degree, as the branch that has the most respective power: The Voice of the People.
All Members have the ability to call a Vote of No Confidence on any member nation. Upon a call for this vote, The Legislature and All Members besides the accuser and accused will vote. The Final Decision is FINAL. There shall be NO appeal. If the Party accused is cast with a Vote of No Confidence, the shall be reprimanded and removed from CoSMaC immediately. If the Party Accused is Voted Loyal, they are still admitted into the faction without pause or second thoughts.
All of the faction members have the right to run for any position they wish within CoSMaC; be that an Official Position within the Legislature or Executive Office, as a member of the Supreme Court, or as a Diplomatic or Military Board Position.
All New Members must be inspected for possible denial in loyalty and anything that could threaten this faction and it's constitution. New Members will NOT Be allowed to run for any positions for Two Legislation Terms or one Executive Term, at which time, they will be given freedom to run for any position they wish.
All Members are Subject to staying and abiding to this constitution and it's laws. Should a Member leave this faction without due reason (Personal Reasons, or if done with a cause in RP are NOT subject to this law), that party is subject to Treason on the highest level and account and should be noted as a possible security threat. That, without question, will be dealt with to the most extreme authorities CoSMaC can present to quell or completely eliminate the security and risk. All Members are officially apart of a Blood Pact Between all Nations of CoSMaC. We live together, we die together. Nations who wish to leave the faction, and aren't being forcefully removed by the CoSMaC Political Body, must give notice to leaving, and with purpose that gives good way of knowing that the Nation will not betray CoSMaC later in time.
SubSection A [Heads of State for CoSMaC Member Nations]:
The Head of State of any member nation of the Confederation of the Small Magellanic Cloud is not eligible to hold any office within the CoSMaC government. Should a Head of State be accused of a crime, or captured in international CoSMaC space (not your nation's sovereign space) under suspicion of a crime, they are granted a limited level of diplomatic immunity. Under no circumstances is a Head of State from a CoSMaC Member Nation to be detained by CoSMaC Federal or Sovereign National authorities. If the need to question, extradite, or detain a head of state arises, it must be passed through the Director of Internal Affairs. Should the Director not be able to resolve the matter diplomatically, then it should be passed to the Supreme Court and handled exclusively through the Federal Court system. The Head of State will be required by law to appear in the Supreme Court or face extradition by force via the Policing Agencies under the supervision of the Director of Internal Affairs or by the military if so authorized by the Faction Executive and the Chief Justice of the CoSMaC Supreme Court.
SubSection B [National Sovereignty]:
Every member nation of CoSMaC shall remain a sovereign state with their own governing laws and provisions. Sovereign National laws shall trump CoSMaC Federal laws when within a nation's borders, but when outside of those borders, the CoSMaC Federal laws shall apply, save for Heads of State. CoSMaC's Federal Government has no authority to dictate or determine a member nation's sovereign policies on any front.
Section Five [Sub-Legislation Positions]: According to this Constitutional Article, the Executive of CoSMaC will appoint Sub-Genre Legislature Positions, as needed, at the start of each Executive Term. These positions, which will be highly responsible for the internal and external workings of CoSMaC and her nations, are not a part of the Legislature itself, but a secondary legislative body, the Board of Diplomatic and Military Directors. All members have the ability to apply for these positions, as well, being a part of the Legislature at the same time, however, the Executive is not to be included in this Board, and must retire from his or her position on any Diplomatic or Military board since the Executive is the Supreme Commander of the Military. The Board of Directors include the following positions in both military and diplomatic affairs, and will be subject to change under the Board's own subject ruling; no other outside party:
Board of Diplomatic and Military Directors:
- Board of Military Affairs
-- Supreme Commander Of CoSMaC - Reserved for the Executive
--- Board of Military Directors
---- Fleet Admiral of the Confederate Navy
---- General of the Confederate Marines
---- Administrator of CoSMaC Intelligence
---- Administrator of Research and Development
- Board of Diplomatic Affairs
--Chairman of the Diplomatic Board - Reserved for the Vice Executive
-- Director of Internal Affairs
-- Director of Foreign Affairs
-- Director of the Economy
-- Director of Trade and Customs
These positions, opened to all those who are not in the "New" state of membership, are permanent terms, unless removed by the Board, the Legislature by a 3/4 vote, or the Supreme Court. Those who fill these positions will have semi-autonomous authority and jurisdiction, without interference from anyone besides the Board itself or the Executive, over their selected fields of duty and operation. As previously stated in Section One, SubSection A, all members of these boards report to the Faction Executive.
SubSection A [Position Descriptions and Jurisdictions]:
Board of Military Affairs: Has complete control and say over all things dealing with CoSMaC Military, and when authorized by Member Nations - over national military bodies as well.
Supreme Commander of CoSMaC: Is the Executive Position, has complete and overall say over anything dealing with the Military Board.
Board of Military Directors: Subordinates to the Supreme Commander dealing with each individual branch of the CoSMaC Military.
Fleet Admiral of the Confederate Navy: Incharge of all things related to the Space and/or Sea Navy's of CoSMaC and the Federal Navies.
General of the Confederate Marines: In charge of all things related to Ground and Planetary Aerospace Units. Works in joint with National Ground and Planetary Aerospace Forces.
Administrator of CoSMaC Intelligence: Incharge of Federal Intelligence, works in joint with National Intelligence Agencies.
Administrator of Research and Development: Incharge of Military Gain and Advancements in Technologies.
Board of Diplomatic Affairs: In charge of Foreign and Interal Affairs not needing Military Force.
Chairman of the Diplomatic Board: Oversees all things dealing with CoSMaC Diplomacy, Economy, and Trade, reporting to the Executive any issue that may be of concern to the CoSMaC Members or citizens.
Director of Internal Affairs: Works in Joint with internal CoSMaC Nations to settle disputes and heads Federal Policing Services as granted by the Federal Investigative Services Act.
Director of Foreign Affairs: Works in joint with Foreign Nations to make Peace Treaties, Pacts, and works in joint with the Director of Trade. Also heads International Peace Keeping Forces CoSMaC Would provide towards situations outside our Boarders and has the power to authorize any form of humanitarian aid to an allied nation, faction, or alliance.
Director of Economy: Incharge of the Federal Budget and Reserve. Keeps Economic balance within CoSMaC And manages Funds. Works in joint with Director of Trade as well as maintaining policing forces as delegated in the Federal Investigative Services Act.
Director of Trade and Customs: Incharge of providing Trade Routes and Agreements to all Foreign and Internal Nations and is in charge of Federal Customs.
SubSection B [Chain of Command]:
1. Executive
2. Vice Executive [Chairman of the Diplomatic Board]
3. Speaker of the Legislature
4. Director of Foreign Affairs
5. Fleet Admiral of The Confederate Navy
6. Director of The Economy
7. General of the Confederate Marines
8. Director of Trade and Customs
9. Administrator of CoSMaC Intelligence
10. Director of Internal Affairs
Section Six [Changes to the Confederate Constitution]: This Article states that no changes will ever be made to the Constitution itself. The only changes that shall be allowed by law within the CoSMaC Government are done through amendments to the Constitution.
Article Two [Territorial Claims]:
Section One [CoSMaC Boundaries]: According to this Constitutional Article , CoSMaC has laid claim to ALL of the SMC Galaxy, and its outer rims, excluding the Magellanic Bridge. Those ENTERING or passing through this Galaxy are subject to Our Laws, Jurisdiction, and (including, but not limited to) if Trespassing, or bringing an active military force within our boundaries, our Rulings and Punishments.
This Constitution Provides the Proper independence needed to lay claim, and expel Milky Way Law from our Borders because we are not apart of, in any way, a part of the Milky Way. If the Milky Way, or any of it's nations within it's own Galactic Law try to conform our Sovereign Confederacy, they will be subject to full scale war, and under their own penalties of Law due to unnecessary engagement.
CoSMaC has the right, ability, and under no penalties of any law known during the draft of this Constitution, to settle and lay claim to this Galaxy. All those opposed are considered a threat to our security and will be dealt with accordingly through either Diplomatic or Military Actions, with the possibility of both.
Section Two [CoSMaC Member Nation Territorial Claims]: According to this Constitutional Article, CoSMaC grants the settlement, and use of any and all planets within the confederacy's own Boarders to any and all members that chose to settle in the SMC. Territorial Claims are free, and are made by the Nation's personal selection. CoSMaC, in no way, shape, or form, as the right to interfere with Individual Nation Territorial Claims.
Trade between territories, colonial, or embassy affairs are a Nation-Nation deal, and CoSMaC should not interfere unless a dispute that could become hostile shows itself between the parties at hostilities.
Any Nation not within CoSMaC must sign a Mutual Pact of Cooperation with the Confederacy to lay claim to territory, which will be subject to the proper Taxes, and other items that this section may be subject to change with.
Article Three [Laws]: According to this Constitutional Article, CoSMaC has assigned set laws and jurisdictions to the Rights of the People and the nations they abide in within the SMC Galaxy. These Laws are to be followed and respected when within CoSMaC Territories. Under no circumstances, without due appointed Diplomatic Immunity, should anyone be given free passage as to being within and without of the Law that this Constitution bounds on the people of CoSMaC and her Territories.
All people of CoSMaC are subject to them, and all visitors from other nations must respect these, and the individual nation laws that come with this Constitution. If they do not, they will receive punishment on the highest levels.
ALL Laws within this Article are subject to change under the circumstances that the Executive presents to the People, and any change may be reverted with due process of the Legislation.
Section One [Federal Laws]:
According to this Constitutional Article, CoSMaC presents set Federal Laws and Bounds to any and all persons, nations, and visiting Nations within CoSMaC Territories.
1.1 [Treason]: Treason is defined by CoSMaC as an Act of which a party within CoSMaC betrays, under-means, or causes harm in any way to any other Nation(s) supporting a CoSMaC Banner, or CoSMaC itself; Or breaks the terms of a Peace Treaty or Pact of Cooperation. In which, Treason Accounts are a due care process which will Trail by Judge, and, if necessary, execute the party of cause.
Punishments include, but are not limited to, Execution of Parties involved, if a nation, then the Nation Leader or Leading Parties, Annexing of a Nation, and destruction of a peoples Nation that causes direct form of Treason. Indirect Forms will be dealt with in a similar fashion.
1.1.1 [Indirect Treason]: Indirect Treason is defined by CoSMaC as an Act to support, or help create, enact, or clean up (cover up) a direct party's involvement in Treason.
Punishments shall be handed with similar cause to that of Treason.
1.2 [Trespassing]: Trespassing is defined by CoSMaC as the Unlawful or unjustified act of setting an Individual Nation's ships, people, etc, in the territories of another Nation. This cause must be justified, or permitted by the Nation to allow access into the Nation's territories; otherwise, it is not permitted.
Trespassing, if Committed or if one is Charged (Must be charged by the Individual Nation itself, CoSMaC can not intervene), the Individual nation has right to prosecute in his/her own manner. Further punishment may vary, and if called upon by the Victim Nation, the accused may be charged with Treason as well. That, at which, is where CoSMaC may intervene and provide further trial (Refer to Treason for continuing.)
1.2.1 [Federal Trespassing]: Federal Trespassing is defined by CoSMAC as the unlawful, unjustified, or prohibited Act of bringing a Individual Nation's Or Government Body's territory or personnel (Ships, People, etc) that is not a part of CoSMaC. This is explained as an Act of War to this Constitution, and will be responded with Diplomatic and/or Military Force to quell the Act of Federal Trespassing.
1.2.2 [Active Military Trespassing]: AMT, or Active Military Trespassing, is defined by CoSMaC as the unlawful act of moving Active Military units into Federal, or Individual Nation's Territories without first consent of the needed Governing Bodies. This is defined as an Act of War, an Invasion, and shall be treated with the Capture or destruction of the Accused's Ships, Personnel, and any other owned threat by said accused. Further Diplomatic and/or Military Force will be permitted by this constitution until the event is settled.
Section Two [Individual Nation's Laws]:
According to This Constitutional Article, CoSMaC respects, and entitles ALL members of CoSMaC's laws under its own banners and constitutions. Each nation is entitled to it's laws and orders under which the nation was founded upon. CoSMaC, under NO Circumstances, should be allowed to make changes to laws that are applied in an individual nation.
However, ALL Nations are told to respect, and authorize the authority of this Constitution and it's Laws. All nations that do not respect, or recognize CoSMaC's Federal Laws and Terms that this constitution presents WHILE within a Representing CoSMaC Nation or CoSMaC territory should be removed from CoSMaC and/or her territories. If a Representing Nation of CoSMaC or Member does the same, an account of Treason shall be made.
Article Four [Constitutional Procedures]:
According to this Constitutional Article, CoSMaC presents it's rights and procedures for due process when Federal Terms apply to the situation.
CoSMaC Possesses the Right to preform these Procedures when the situation within a CoSMaC territory, or a CoSMaC representing Nation. All nations that do not recognize the authority of CoSMaC within these given situations, which will be explained in this article, will be subject to punishments by the Federal Government.
This Constitution is law as of 11/19/2010 at 8:20 PM Pacific Time.
This Constitution is law as of 11/19/2010 at 8:20 PM Pacific Time.
