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The Constitution of the United States

Started by HellFury, Dec 02, 2023, 01:18 PM

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HellFury


    Constitution of the United States

    Preamble

    We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.




    Section 1: Definitions

    Article 1: This constitution shall officially be cited as the "Constitution of the United States" or "The United States Constitution".

    Article 2: Further definitions as used in this law text are as follows:

    • United States Government / Federal Government / Executive Branch - The U.S. Government consists of the President of the United States, the Vice President of the United States, and all appointed members of the U.S. Cabinet. The executive power of the nation shall be vested in the President of the United States of America.
    • United States Congress / Legislative Branch - The official bicameral legislature of the United States, an assembly designated by this Constitution with the authority to create, amend and repeal laws.
    • United States Judiciary / Judicial Branch - The highest courts of law in the United States, with the highest being the Supreme Court of the United States. This court holds all final appellate jurisdiction and any Supreme Court rulings are final.



    Section 2: Jurisdiction and Establishments Pursuant to the Constitution

    Article 1: This constitution applies to the United States, and its establishments only.

    Article 2: The Constitution outlines the rights of the people, the territories, holdings, establishments and lands of the United States, the United States Government, its powers and its respective branches.

    Article 3: The Constitution will apply to all visitors and citizens of the United States.

    Article 4: The U.S. Constitution is the highest legal document in the United States. Any federal or state executive orders, state constitutions, laws, bylaws, and regulations must comply with the Constitution.

    Article 5: The executive power shall be vested in the President of the United States of America. As such, the Office of the President of the United States shall be the highest established office of the land. The President of the United States shall be officially established as Head of State and Commander-in-Chief of the armed forces.




    Section 3: The Bill of Rights

    Article 1: Pursuant to this section and the Constitution, this article shall establish a Bill of Rights. Per the Bill of Rights, all persons that fall under the scope and authority of this constitution are entitled to the following rights, of which they can not be deprived;


    • A. Freedom of speech and press. There shall be no law that hinders, prohibits or discourages freedom of speech (unless it includes personally insulting or defaming someone) of any individual, or of the press.
    • B. The right to peaceful assembly.
    • C. The right to freedom of religion. There shall be no law respecting an establishment of religion, or prohibiting the free exercise of any religion.
    • D. Freedom from discrimination on the basis of race, religion, age, gender, political preference, or sexual orientation.
    • E. The right to own property.
    • F. The right to safeguard life, person, and property.
    • G. The right to privacy in one's property and communications via phone.
    • H. The right to remain innocent before being proven guilty in a court of law for indictable offences.
    • I. The right to not be deprived of life.
    • J. Freedom of movement.
    • K. Freedom to bear arms.
    • L. The right to refuse to testify against yourself or your spouse (if applicable).
    • M. The freedom and right to vote for a candidate of your choice in official elections.

    Article 2: The following rights; Section 3; Art 1A, 1B, 1G, 1J and 1K may be limited and/or deprived in matters of national security.

    Article 3: The following rights; Section 3; Art 1A, 1B, 1E, 1I, 1J, and 1K may be limited and/or deprived in cases where it is provided as a penalty by federal or state law.

    Article 4: The following right: Section 3; Art 1J may be deprived in cases when it is unavoidable to do so by law enforcement, in compliance with any and all existing legislation for law enforcement, and their respective department regulations.

    Article 5 All persons that fall under the scope and authority of this constitution are entitled to the following Miranda rights when placed under arrest, of which they can not be deprived;


    • A. To be made aware of the reason for their arrest immediately, or as soon as deemed safe if the arrest is made in dangerous circumstances.
    • B. To be made aware of the following rights as soon as placed under arrest or detainment:

      - The right to remain silent.

      - The right to an attorney present as a legal representative, and that if a person cannot afford an attorney, one will be appointed to them by the state.

      - To be made aware that anything said or done may be recorded and used as evidence in a court of law.



    Section 4: Responsibilities of People

    Article 1: It is the responsibility of all persons that fall under the scope and authority of this constitution, to:

    • A. Act in harmony with the legal provisions outlined in the United States Constitution, any State Constitutions, federal and state executive orders, and state legislation from the date of their commission and onward.
    • B. To not infringe, hinder, or deprive the rights of other persons outlined in Section 3.
    • C. To not be ignorant of the laws, bylaws, and the Constitution.



    Section 5: States, Territories, Lands and Establishments

    Article 1: The geographic area of the United States of America is the nation to which this Constitution and federal laws apply.

    Article 2: The United States consists of the following states and territories:


    • A. State of San Andreas.
    • B. State of Leonida.
    • C. State of Liberty.
    • D. State of North Yankton.
    • E. District of Columbia.

    Article 3: Pursuant to the jurisdiction of this Constitution, executive orders and acts legislated by Congress will apply to all areas within the United States and its territorial waters.

    Article 4: The United States Constitution and any federal laws pursuant to this Constitution shall apply within U.S. Government properties abroad including foreign embassies, consulates and military installations of the United States.

    Article 5: State constitutions and legislation apply only within the states in which they were enacted.

    Article 6: Municipality bylaws will apply only to the municipality in which the bylaw was enacted.




    Section 6: United States Government

    Article 1: The Constitution of the United States enforces separation of power. Therefore, the Constitution defines and establishes the following branches of government;


    • A.) The Executive Branch - The executive power shall be vested in the President of the United States of America. The executive branch of government shall be tasked with overseeing the operation of the federal government.
    • B.) The Legislative Branch - To be officially established as the United States Congress. The Congress shall be tasked with creating, amending and repealing legislation.
    • C.) The Judicial Branch - The judicial power of the United States shall be vested in one Supreme Court of the United States, and further within inferior courts and/or tribunals commissioned and established by Congress pursuant to this Constitution.

    Article 2: Any agencies, organizations, groups, departments or services owned wholly or to an extent, partially by the government or constituted by law shall be considered part of the executive branch and may only exercise powers delegated to them through law.




    Section 7: The Powers of Government

    Title I: Executive Branch

    Article 1: The Office of the President of the United States shall have full authority over all executive branches of government.

    Article 2: The executive power of the nation is vested in the President of the United States. The President is the Head of State. Furthermore, the President of the United States is the Commander-in-Chief of the United States Armed Forces.

    Article 3: The President of the United States may apply executive orders to the country; these executive orders override the rules and procedures of any government agencies where applicable, but may not override the Constitution or existing legislation.

    Article 4: The President may appoint a cabinet to run the nation.

    Article 5: The President may sign laws into effect.

    Article 6: The President may veto legislation passed by the United States Congress.

    Article 7: The President may issue a pardon for persons wanted for a federal crime.

    Article 8: The executive may issue and collect taxes.


    Title II: The Legislative Branch

    Article 1: The legislative power of the nation is vested in the United States Congress.

    Article 2: The United States Congress comprises an upper and a lower chamber.


    • A. The upper chamber of Congress is the United States Senate. The lower chamber of Congress is the United States House of Representatives.
    • B. The United States Congress is granted the power to draft new legislation and subject it to a majority vote.
    • C. The United States Congress is granted the power to submit new legislation to the Supreme Court or the President of the United States if it passes the majority vote.

    Article 3: Any legislation passed for a presidential signature must be voted for by a majority in both houses of Congress. A majority is considered half of the seats plus one.

    Article 4: Responsibilities of Congress shall include submission and amendment of legislation and the Constitution, conducting oversight over government bodies, forming various committees to address matters of importance to the United States, declaring war or peace against enemies threatening the integrity and unity of the United States, as well as controlling the federal budget and federal government spending.


    Title III: The Judicial Branch

    Article 1: The judicial power of the state is vested in the Judicial Branch, which shall be led by a Chief Justice of the United States. The Judiciary is given full power to arbitrate in all areas of law.

    Article 2: The Judiciary is comprised of the following courts:


    • A. The Supreme Court of the United States - This court is where constitutional cases and final appeals are heard. The Supreme Court has original jurisdiction over national security matters, treason, cases against the government, and cases between government agencies/branches. It shall have the final appellate jurisdiction of any other court. The Chief Justice and Supreme Court Justices are nominated by the President of the United States and require confirmation by the Senate to be appointed.
    • B. The Courts of Appeals - The intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into "Circuits".
    • C. The District Courts – Where general matters of law are heard. It has the original jurisdiction of all other legal matters that are not the original jurisdiction of the Supreme Court. A district court is established for every federal judicial district, typically consisting of a single state jurisdiction.


    Article 3: Pursuant to this Constitution, Congress is authorized to establish special tribunals, otherwise known as special courts, enjoying the same recognition and stature as a federal court. A federal tribunal's jurisdiction and responsibility shall be defined by an act of Congress, which may include reviewing agency decisions, commissioning military courts-martial appeal courts, and ancillary courts for the purpose of granting extended jurisdiction, with judges appointed by the President and confirmed by the Senate. A federal tribunal ruling may be appealed in the respective Court of Appeals and the Supreme Court.

    Article 4: A decision by a Court is called a ruling.



    • A. A ruling by a District Court may be challenged at the respective Court of Appeals in the form of an appeal.
    • B. The Court of Appeals may grant the appeal or deny the appeal. This is defined as leave to appeal.
    • C. In case of granting an appeal, the case will be re-evaluated by the Court of Appeals.
    • D. In case of denying the appeal, the decision by the District Court is confirmed and proclaimed as final by the Court of Appeals. A further appeal can be made against the Court of Appeals' ruling in the Supreme Court of the United States.
    • E. A ruling by a Court of Appeals may be challenged in the Supreme Court of the United States in the form of an appeal.
    • F. The Supreme Court may grant the appeal or deny the appeal. This is defined as leave to appeal.
    • G. In case of granting an appeal, the case will be re-evaluated by the Supreme Court.
    • H. In case of denying the appeal, the initial decision by the District Court is confirmed and proclaimed as final by the Supreme Court. No further appeal can be made against the ruling of the case concerned.
    • I. The Executive Branch cannot guide any court under the federal judiciary, neither actively nor passively, in an appeal. The judiciary and its rulings are to remain independent of government with no political influence.

    Article 5: The Supreme Court shall be given the power to create both persuasive and binding precedents that may be used to invalidate a statute or a lower court's decision.

    Article 6: The Supreme Court shall be given the power to veto any legislation within any jurisdiction that is in breach of the Constitution.




    Section 8: Alteration of the Constitution

    Article 1: The alteration of the Constitution may be done by the following method: Amendments introduced and passed by a two-thirds majority (supermajority) in both houses of Congress, and must be ratified by three-fourths of the states.

    Article 2: Constitutional amendments take effect forty-eight (48) hours after the amendment is approved and announced by the President.




    Section 9: Alteration of the Laws

    Article 1: The alteration of laws may be done by the following method: Legislation introduced and passed by majority vote in both Houses of Congress. The respective Bill for amendment of legislation is reviewed by the President of the United States. If approved by the President, it is given final approval for implementation.

    Article 2: Laws may take effect forty-eight (48) after the final Bill is signed by the President and announced by Congress or the executive.

    Article 3: A Bill submitted for signature may be vetoed at any time by the President of the United States.




    Written in the Supreme Court of the United States, One First Street, NE, Washington, DC on the Second of December, Two Thousand and Twenty-Three (03/12/2023), in the English language.



    Annex



    Appendix

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