WIP/UNFINISHED|| The Constitution of the State of San Andreas

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Constitution of the State of San Andreas

Preamble

We, the People of the State of San Andreas, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.


Section 1: Definitions

Article 1: This constitution shall officially be cited as the "Constitution of the State of San Andreas" or "The San Andreas Constitution".

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

• San Andreas Government / State Government / State Executive Branch - The S.A. Government consists of the Governor of the State of San Andreas, the Lieutenant Governor of the State of San Andreas, and all appointed members of the State Executive. The executive power of the nation shall be vested in the Governor of State of San Andreas.
• San Andreas State Legislature / State Legislative Branch - The official bicameral legislature of the State of San Andreas, an assembly designated by this Constitution with the authority to create, amend and repeal laws.
• San Andreas State Judiciary / State Judicial Branch - The courts of law in the State of San Andreas, with the highest being the Supreme Court of the State of San Andreas. This court holds all final appellate jurisdiction and any Supreme Court rulings on matters of state law are final. Matters concerning federal law may be appealed in the United States Supreme Court.

Section 2: Jurisdiction and Establishments Pursuant to the Constitution

Article 1: This constitution applies to the State of San Andreas, and its establishments only. The State of San Andreas is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.

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

Article 3: The Constitution will apply to all visitors and citizens of the State of San Andreas.

Article 4: The San Andreas Constitution is the highest legal document in the state. Any state executive orders, laws, bylaws, and regulations must comply with the Constitution.

Article 5: The executive power shall be vested in the Governor of the State of San Andreas. As such, the Office of the Governor of San Andreas shall be the highest established office of the state. The Governor of San Andreas 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).

Article 2: Pursuant to this Constitution, these rights shall not be considered entirely unlimited or unrestricted. Legislation of limitation or restriction of the scope of these rights shall not constitute a deprivation of said rights and shall be constitutional, however, legislation regarding the Bill of Rights may be declared unconstitutional should such legislation be determined to directly and unreasonably deprive or infringe upon the basic rights of the people.

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

Article 4: 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 5: 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 6 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 San Andreas Constitution, 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 State of San Andreas is the state to which this Constitution and state laws apply.

Article 2: The State of San Andreas consists of the following capital cities and counties:

• A. Los Santos County.
• B. City of Los Santos.
• C. City and County of San Fierro.
• D. City of Las Venturas.
• E. Bone County.
• F. Tierra Robada County.

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: San Andreas State Government

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

• A.) The State Executive Branch - The state's executive power shall be vested in the Governor of the State of San Andreas. The executive branch of government shall be tasked with overseeing the operation of the state government.
• B.) The State Legislative Branch - To be officially established as the San Andreas State Legislature. The Legislature shall be tasked with creating, amending and repealing legislation.
• C.) The Judicial Branch - The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.

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: State Executive Branch

Article 1: The Office of the Governor of San Andreas shall have full authority over all executive branches of government.

Article 2: The executive power of the state is vested in the Governor of San Andreas. The Governor is the Head of State and the Head of Government. Furthermore, the Governor of San Andreas is the Commander-in-Chief of the San Andreas National Guard.

Article 3: The Governor of San Andreas may apply executive orders to the state; 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 Governor may appoint a cabinet to run the state.

Article 5: The Governor may sign laws into effect.

Article 6: The Governor may veto legislation passed by the State Legislature.

Article 7: The Governor may issue a pardon for persons wanted for a state crime.

Article 8: The executive may issue and collect taxes.

Title II: The Legislative Branch

Article 1: The legislative power of the state is vested in the San Andreas State Legislature.

Article 2: The San Andreas State Legislature comprises an upper and a lower chamber.

• A. The upper chamber of the State Legislature is the San Andreas State Senate. The lower chamber of Congress is the San Andreas State Assembly.
  B. The State Legislature is granted the power to draft new legislation and subject it to a majority vote.
  C. The State Legislature is granted the power to submit new legislation to the Governor of San Andreas if it passes the majority vote.

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

Article 4: Responsibilities of the Legislature 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 State, enforcing the security of the state, as well as controlling the state budget and state 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 State of San Andreas. 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 State of San Andreas - This court is where constitutional cases and final appeals are heard. The Supreme Court has original jurisdiction over security matters, treason, cases against the government, and cases between government agencies/branches. It shall have the final appellate jurisdiction of any other court except the United States Supreme Court, in matters that may concern federal law. The Chief Justice and Supreme Court Justices are nominated by the Governor and require confirmation by the Senate to be appointed.
• B. The Courts of Appeals - The intermediate appellate courts of the San Andreas State Judiciary.
• 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, the Legislature is authorized to establish special tribunals, otherwise known as special courts, enjoying the same recognition and stature as a state court. A tribunal's jurisdiction and responsibility shall be defined by an act of the Legislature, 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 State Senate. A 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 the Legislature, 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 Governor.

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 Governor of San Andreas. If approved by the Governor, it is given final approval for implementation.

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

Article 3: A Bill submitted for signature may be vetoed at any time by the Governor of San Andreas.


Written in the Superior Court of the State of San Andreas, St Boulevard, Los Santos, San Andreas, on the Twenty-Eighth of December, Two Thousand and Twenty-Three (28/12/2023), in the English language.


Annex

Appendix