Constitution of the Federal Republic of Cyberia
The Constitutional Convention The Constitution of the Federal Republic of Cyberia is based on the Constitution of the Unitied States of America. Late in 2005 the need for a unifying document became acute. As during the Third War of Cyberian Liberation, the Commitee of National Salvation stepped forward. Under the auspices of the Committee, a document was prepared. Since the situtations of the U.S.A. and the F.R.C. are so different (as are the mediums through which they persist), many changes were made which reflect the society and history of the F.R.C. Ratification came on February 23, 2006 and elections were held the following month. An omibus amendment to correct various flaws and typos was approved in June 2006. That is the version reproduced above
The Constitutional Convention
The Constitution of the Federal Republic of Cyberia is based on the Constitution of the Unitied States of America. Late in 2005 the need for a unifying document became acute. As during the Third War of Cyberian Liberation, the Commitee of National Salvation stepped forward. Under the auspices of the Committee, a document was prepared.
Since the situtations of the U.S.A. and the F.R.C. are so different (as are the mediums through which they persist), many changes were made which reflect the society and history of the F.R.C.
Ratification came on February 23, 2006 and elections were held the following month. An omibus amendment to correct various flaws and typos was approved in June 2006. That is the version reproduced above
A new Constitutional convention will recommence soon.
The Constitution of the FRC was adopted on Feb. 22, 2006 when the sixth province's ratification was certified. The version shown here is after the amendments of June 2006. These were a reworking to remove the last authority of the Committee of National Salvation and to correct typographical errors.
We the People of the Federal Republic of Cyberia, in Order to form a truly Federal republic, establish justice, insure domestic peace, provide for our common defense, promote general well-being, and secure the blessings of Liberty to ourselves and to those who follow after, do ordain and establish this Constitution for the Federal Republic of Cyberia.
All legislative Powers herein granted shall be vested in an Assembly of the Federal Republic, which shall consist of a Senate and Chamber of Deputies.
The Chamber of Deputies shall be composed of Members chosen as prescribed by law by the People of the several Provinces.
No Person shall be a Deputy who shall not have been a citizen of the Federal Republic and shall have established residency in the Province from which he is chosen.
There shall be a regular ennumeration of the population of the Federal Republic for the purpose of maintaining purportional representation in the Chamber of Deputies.
When vacancies happen in the Representation from any Province, the Executive Authority of the province shall fill such Vacancies as shall be prescribed by the law of the province.
The Chamber of Deputies shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.
Senators must be citizens of the Federal Republic and of the Province from which they shall be chosen. The Senate of the Federal Republic shall be composed of one Senator from each Province, chosen by the Legislature thereof, for three months; and each Senator shall have one Vote.
If Vacancies happen by Resignation, or otherwise, the Executive Authority of the province shall fill such Vacancies as shall be prescribed by the law of the province.
Until such time as a Province may have at least four electors, the Executive of the Province shall serve also as Senator from that Province.
The Vice President of the Federal Republic shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the Federal Republic.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the Federal Republic is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the Fedral Republic: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed by law.
The Assembly shall assemble at least once in every Month.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of the Assembly, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
The Senators and Deputies shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the Federal Republic. They shall in all Cases, except Treason, Felony and Breach of the Peace, beprivileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
All Bills for raising Revenue shall originate in the Chamber of Deputies; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the Chamber of Deputies and the Senate, shall, before it become a Law, be presented to the President of the Federal Republic; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and Chamber of Deputies may be necessary (except on a question of Adjournment) shall be presented to the President of the Federal Republic; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and Chamber of Deputies, according to the Rules and Limitations prescribed in the Case of a Bill.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the Federal Republic; but all Duties, Imposts and Excises shall be uniform throughout the Federal Republic;
To borrow Money on the credit of the Federal Republic;
To regulate Commerce with foreign Nations, and among the several States, and with the various Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the Federal Republic;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the Federal Republic;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the Federal Republic, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the Federal Republic, or in any Department or Officer thereof.
In considerance of the paucity of population of the Federal Republic in particular and of Micronationry in general, a citizen may create alter egos for the purpose of filling the various offices and functions of the Federal Republic. These alter egos shall be treated in all cases and conditions as individuals and citizens. The citizens of the Federal Republic are on their most sacred honor to withdraw their alter egos from participation in government as the active and actual population becomes capable of exercising the proper functions of government. The Assembly shall be empowered to regulate this section by law.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any Province.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one Province over those of another: nor shall Vessels bound to, or from, one Province, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Province shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts.
No Province shall, without the Consent of the Assembly, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the Federal Republic; and all such Laws shall be subject to the Revision and Control of the Assembly.
No Province shall, without the Consent of the Assembly, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another Province, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
The executive Power shall be vested in a President of the Federal Republic of Cyberia. He shall hold his Office during the Term of four months and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each Province shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Deputies to which the State may be entitled in the Asssembly.
The Electors shall meet in their respective Provinces, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same Province with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit to the Seat of the Government of the Federal Republic, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and Chamber of Deputies , open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by Provinces, the Representation from each Province having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the Provinces, and a Majority of all the Provinces shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Assembly may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the Federal Republic.
No Person except a natural born Citizen, or a Citizen of the Federal Republic at the time of the Adoption of this Constitution, shall be eligible to the Office of President.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Assembly may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the Federal Republic of Cyberia, and will to the best of my Ability, preserve, protect and defend the Constitution of the Federal Reupulic of Cyberia."
The President shall be Commander in Chief of the Army and Navy of the Federal Republic and of the Militia of the Provinces, when called into the actual Service of the Fedral Republic; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the Fedral Republic, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the Federal Republic, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Assembly may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
He shall from time to time give to the Assembly Information of the State of the Republic, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the Federal Republic.
The President, Vice President and all civil Officers of the Federal Republic , shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Due to the diffuse nature of the medium wherein the Federal Republic functions, the President shall be empowered, in cases of emergency or invasion, to act by decree. Such decrees shall be minimal and only employed to defend the Republic. Such decrees shall have the force of law. The Assembly on conviening after the issuance of such decrees shall vote upon them as they would upon a bill, and if approved they shall remain as law. If the Assembly should not approve them, the will be void at that moment. Provided that the shall be considered to be as law during the period before there issuance and such time as they are rejected.
Should the President be absent from the Republic during such emergency, his powers shall devolve upon the Vice President who shall act as President until the return of the President.
The Assembly shall by law indicate the order of succession in the event of both the President and Vice President being absent from the Republic.
The President or person acting as president may be impeached for abuse of this power, and this power shall not violate or contradict this Constitution.
Section. 1. The judicial Power of the Federal Republic, shall be vested in one supreme Court, and in such inferior Courts as the Assembly may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation which shall not be diminished during their Continuance in Office.
Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the Federal Republic, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the Federal Republic shall be a Party;--to Controversies between two or more Provinces;--between a Province and Citizens of another Province;--between Citizens of different Provinces,--between Citizens of the same Province claiming Lands under Grants of different Provinces, and between a Province, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a Province shall be Party, the Supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Assembly shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the Province where the said Crimes shall have been committed; but when not committed within any Province, the Trial shall be at such Place or Places as the Assembly may by Law have directed.
Section. 3. Treason against the Federal Republic, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Assembly shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Section. 1. Full Faith and Credit shall be given in each Province to the public Acts, Records, and judicial Proceedings of every other Province. And the Assembly may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2. A Person charged in any Province with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another Province, shall on Demand of the executive Authority of the Province from which he fled, be delivered up, to be removed to the Province having Jurisdiction of the Crime.
Section. 3. New Provinces may be admitted by the Assembly into this Union; but no new Province shall be formed or erected within the Jurisdiction of any other Province; nor any Province be formed by the Junction of two or more Provinces, or Parts of Provinces, without the Consent of the Legislatures of the Provinces concerned as well as of the Assembly.
The Assembly shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the Federal Republic; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the Federal Republic, or of any particular Province.
Section. 4. The Federal Republic shall not enforce upon any province any particular form of government; provided, that no Province shall limit the right of its citizens to vote in elections for Federal offices. The Federal Republic shall protect each of Province against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
The Assembly, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several Provinces, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several Provinces, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Assembly. No Province, without its Consent, shall be deprived of its equal Suffrage in the Senate.
This Constitution, and the Laws of the Federal Republic which shall be made in Pursuance thereof; and all Treaties made or which shall be made, under the Authority of the Federal Republic, shall be the supreme Law of the Land; and the Judges in every Province shall be bound thereby, any Thing in the Constitution or Laws of any Province to the Contrary notwithstanding.
The Senators and Deputies before mentioned, and the Members of the several Provinces Legislatures, and all executive and judicial Officers, both of the Federal Republic and of the several Provinces, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the Federal Republic.
The Ratification of the Conventions of six Provinces, shall be sufficient for the Establishment of this Constitution between the Provinces so ratifying the Same.
Article VIII The Assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Article IX A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Article X No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Article XI The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Article XII 1. No person shall be subject for the same offense or to be twice put in jeopardy of life or limb; nor shall be compelled in any case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
2. A person may be expelled from the Federal Republic and their citizenship revoked upon the application of the Executive Authorities of three or more Provinces and the concurrance of both houses of the legislature by a 2/3rds majority in each, and the approval of such action by the President or Acting President; Provided that such expulsure shall be for no more than three months; at which time the persons so expelled may apply to the Assembly for restoration of citizenship, which may be granted by majority vote.
3. The Presidents power to pardon shall not extend to such action.
Article XIII In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the Province wherein the crime shall have been committed, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Article XIV Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Article XV The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Article XVI The powers not delegated to the Federal Republic by the Constitution, nor prohibited by it to the States, are reserved to the Provinces respectively, or to the people.
Article XVII 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the Federal Republic, or any place subject to its jurisdiction.
2. The Assembly shall have power to enforce this article by appropriate legislation.
Article XVIII The right of citizens of the Federal Republic to vote shall not be denied or abridged by the Federal Republic or by any Province on account of sex.
The Assembly shall have power to enforce this article by appropriate legislation.
Article XIX No Province shall be compelled to accept a person as a resident or Citizen of that Province; nor shall any Province be prevented from accepting any citizen of the Federal Republic as a resident or Citizen of said Province.
Article XX 1. The nature of this Republic and of the medium through which it persists being considered, any person who shall reveal real life information concerning any fellow citizen of this Republic without the consent of such individual shall be tried before the Chamber of Deputies; and if said person be found guilty by a majority vote, such person may be expelled from the Republic.
2. The President may not pardon said person.
2. The Assembly may by law provide for the re-admission of said person.
1. The Social Democratic Party as organized under the former form of government is banned within the Federal Republic. Alan Grieve and Jack Santucci are declared banned by the Federal Republic
2. Should the Executives of all of the Provinces make application to lift said bans, the Assembly may lift such ban by 3/4 vote of each house and the approval of the President.
3. The Committee of National Salvation shall adjourn sine die upon adoption of this Constitution.