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On behalf of the people of the
Republic of New Lemuria, and Republic of New Lemuria's claimed territories, in order to
provide for, establish and promote, justice, domestic tranquility, the common
defense and general welfare of the Republic, and to secure the blessings of
liberty and posterity for the people of the Republic, we, the undersigned
representatives of the Republic, do hereby adopt and establish this Constitution
for the Republic of New Lemuria.
THE
LEGISLATIVE BRANCH
1.00
All of the legislative powers, herein provided for, shall be vested in a
Congress of the Republic of New Lemuria, hereafter sometimes referred to as the Republic of New Lemuria or the
Republic, which shall consist of a single body, to be known as the
House of Elders, (sometimes herein referred to as the "House").
1.01 The House shall be composed of members, which shall be
individually known as "Elder", which shall be duly elected each and every six
years, by the people of the Republic, and such electors shall have the
qualifications requisite for such position.
1.02 Prospective Elders, subsequent to the initial election, shall
have attained to the age of twenty one years, and have been a citizen of the
Nation for no less than two years.
1.03 The House shall be composed of no less than eight, no more than
twenty four members, plus Republic of New Lemuria as the Head of House.
1.04 Enumeration of members of the House shall be established within
two years of the first meeting of the House, and shall be reviewed and adjusted
as deemed appropriate, each and every six years, in such manner as they shall by
law direct. Until such enumeration shall be made, the Republic shall be
entitled to elect eight members.
1.05 In the event of a vacancy in the membership of the House, the
Speaker thereof shall within ninety days, issue writs of election to fill such
vacancy.
1.06 The House shall choose their Officers, Speaker, and also a
President - Pro Tempore, in the absence of the Vice President, or when he shall
exercise the Office of the President of the Republic.
1.07 The House, immediately after they shall be initially assembled
in consequence of the first election, shall be divided as equally as may be
feasible, into three classes. The seats of such Elders; of the first class
shall be vacated at the expiration of the second year; of the second class shall
be vacated at the expiration of the fourth year; of the third class shall be
vacated at the expiration of the sixth year, so that one third of the House may
be elected each and every second year.
1.08 The Vice President of the Republic of New Lemuria, shall be the President of the
House, but shall have no vote, unless the House membership be equally divided.
1.09 The members of the House shall be entitled to one vote each,
upon matters put before the House.
1.10 The House shall have the exclusive power of impeachment.
The House shall try all impeachments. When sitting for that purpose,
such members shall be subject to a specific affirmation. In the event of
impeachment, when the President of the Republic is tried, the Chief Justice of
the Supreme Court of the Nation, shall preside, and no person shall be convicted
without the concurrence of three quarters of the members present.
1.11 Judgment in the cases of impeachment, shall not be extended
further then to removal from office, disqualification to hold and enjoy office
of honor, trust, or profit, under the Republic of New Lemuria, however, the party convicted shall
nevertheless be liable and subject to indictment, trial, judgment and
punishment, according to law.
1.12 The House shall convene at times, places and in manner as deemed
appropriate by the President thereof. .
1.13 The election of Elders, the times, places, and manner of holding
such, shall be prescribed, but the House may at any time, by law, make or alter
such regulations. The House shall appoint a committee numbering three, to
judge the elections, returns, and qualifications of its members.
1.14 A majority of the members of the House being present 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 the House may provide.
1.15 The House shall determine the rules of its proceedings, punish
its members for disorderly behavior, and with the concurrence of three quarters,
expel a member.
1.16 The House shall keep a Journal of its proceedings, and from time
to time, publish same, excepting such portions as may in their own judgment
require secrecy, and the "Yea's" and "Nay's" of the members of the House on any
question shall, at the desire of one quarter of those present, be entered on the
Journal.
1.17 The Elders shall be entitled to receive a compensation for their
services, to be ascertained by law, and paid out of the Treasury of the Republic
of New Lemuria.
Such compensation, amount thereof, shall be determined by the House at the first
meeting of the House, and shall be reviewed and adjusted as deemed appropriate,
each and every three years, in such manner as they shall by law direct.
1.18 Elders shall in all cases, except treason, and breach of the
peace, be privileged from arrest, further, such Elders may not be questioned in
any other place.
The House shall be responsible for developing Bills providing for
raising revenue for the Republic. Every Bill which has passed the House, shall,
before it becomes a law, be presented to the President of the Republic of New
Lemuria. If he
approves, he shall sign it, but if not, he shall return it, with his objections,
to the House, which shall enter the objections at large on their Journal and
proceed to reconsider it. If after such reconsideration, three quarters of the
House shall agree to pass the Bill, it shall become a law. In all such cases,
where a veto is over-ridden, the votes of the House shall be determined by
"Yea's" and "Nay's", and the names of the persons voting shall be entered on the
Journal of the House. In the event that any Bill shall not be returned by the
President within ten business days, 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.
1.20 Every order, resolution or vote to which the concurrence of the
House may be necessary, except on a question of adjournment, shall be presented
to the President of the Republic of New Lemuria, and before the same shall take effect, shall be
approved by him or being disapproved by him, shall be repassed by three quarters
of the House, according to the rules and limitations prescribed in the case of a
bill.
1.21 The House shall have power:
(1)
to raise capital for the common and general welfare of the
Republic of New Lemuria, but without
taxing the people;
(2) to borrow money on the credit of the Republic of
New Lemuria;
(3) to regulate commerce with foreign nations;
(4) to establish a uniform rule of naturalization, and uniform laws
with regard to the subject of personal and corporate bankruptcies throughout the
Republic;
(5) to coin money, regulate the value thereof, and of foreign coin,
and fix the standard of weights and measures;
(6) to provide for the punishment of counterfeiting the securities
and current coin of the Republic;
(7) to establish post offices and post roads;
(8) 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;
(9) to constitute tribunals inferior to the Supreme Court;
(10) to define and punish piracies and felonies committed on the high
seas, and offenses against the law of the Republic;
(11) to declare spiritual war, but never to harm enemies, only to
bless them, grant letters of marquee and reprisal, and make rules concerning
captures on land and water;
(12) to raise and support spiritual armies, but no appropriation of
money to that use shall be for a longer term than two years;
(13) to provide and maintain a non-military Navy and Air Force;
(14) to make rules for the government;
(15) to provide for calling forth a special non-violent militia to
execute the laws of the Nation, suppress insurrections and repel invasions;
(16) to provide for organizing, spiritually arming, and disciplining,
the special militia, and for governing such part of them as may be employed in
the service of the Republic, the appointment of the officers, and the authority
of training the militia according to the discipline prescribed by the House;
(17) 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 of the Government of the Republic or any department thereof.
1.22 Federal
Restraints:
(1)
the House, with respect to 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;
(2) the House shall not pass or enact any Bill of Attainder or
ex-post facto law;
(3) seals of priestly kingship shall be recognized only with the
affirmative consent of the House and shall be certified by the Secretary of
State.
THE
EXECUTIVE BRANCH
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The Executive power shall be vested in a President of the
Republic of New Lemuria. He shall hold
his office for a term of six years, and together with the Vice President, chosen
for the same term, shall be elected as set forth herein.
2.01 The members of the House of the Republic of New
Lemuria, shall nominate qualified
candidates for election to the respective posts of President and Vice President,
and on the day on which the election shall be held, the members of the House
shall cast their votes anonymously, the candidate to receive a majority,
provided such majority is in excess of 40% of those votes cast, shall be duly
elected. In the event an election is held, and no individual candidate receives
more than 40% of the vote cast, a run off shall be held between the two
candidates having received a majority of the votes cast previously. Such
runoff shall be held within six weeks of the original election.
2.02 No person shall be eligible to be nominated as a candidate for
the office of President or of Vice President, who is not a citizen of the
Republic of New Lemuria,
and/or has not attained the age of Twenty five years.
2.03 In the event, the President of the Republic, shall by cause of
his death, resignation, or otherwise, be unable to discharge the powers and
duties of said office, the House shall at a convention duly called, pursuant to
law, provide for the removal of the President from office, and shall, whether
temporary or permanent: appoint the Vice President to the position of President;
appoint the Secretary of State as the Vice President for the remaining unexpired
terms of said office.
2.04 The President and Vice President shall, at stated times, receive
for his services, a compensation, which shall neither be increased or diminished
during the period for which he shall have been elected, and he shall not receive
within that period any other emolument from the Republic Government.
2.05 Before the President Elect and/or Vice President Elect, assume
and take office, he shall make the following Affirmation: "I, (Name), do hereby
solemnly commit, that I will faithfully execute the Office of (President/Vice
President), of the Republic of New Lemuria, and will to the best of my ability,
preserve, protect, and defend the Constitution of the Republic of New Lemuria."
2.06 The Chief Justice of the Supreme Court of the
Republic of New Lemuria, shall
administer the Declaration to the newly elected President and/or Vice President.
2.07 The President Elect and Vice President Elect, shall assume and
take office within sixty days of election therefor. The House shall determine
the day for which the offices shall be assumed.
2.08 The President shall be Commander in Chief of the military of the
Republic, and of the militia when called into the actual service of the
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 the power to grant reprieves and
pardons for offenses against the Republic, except in cases of impeachment.
2.09 The President shall have the power, to make treaties, shall have
the power to appoint ambassadors, other public ministers and consuls, judges of
the Supreme Court, and all other officers of the Republic of New Lemuria, whose appointments are not
herein otherwise provided for, and which shall be established by law; shall have
the power of appointment of such inferior offices, The appointments made prior
to the signing of this constitution shall remain in full force and effect until
such time as they are dismissed by Republic of New Lemuria.
2.10 The President shall from time to time give to the House,
information regarding the State of the Republic, and recommend for their
consideration such measures as he shall deem appropriate, he may, on
extraordinary occasions, convene the House, and in the case of disagreement
between them, with respect to the time of adjournment, he may adjourn them to
such time as he shall think proper. The President 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 Republic of New Lemuria.
2.11 The President, Vice President and all civil officers of the
Republic, shall be removed from office on impeachment for, and conviction of,
treason or bribery.
THE
JUDICIAL BRANCH
3.00
The Judicial power of the Republic shall be vested in one Supreme Court, and
in such inferior courts as the House may from time to time ordain and establish.
The Judges, both of the Supreme and inferior Courts shall hold their offices
during good behavior, and shall, at stated times, receive for their services, a
compensation, which shall not be diminished during their continuance in office.
Judges of inferior courts shall be elected by the people of the
Republic in general elections therefore, to be held each and every four years.
3.01 The Judicial power shall extend to all cases, in law and equity,
arising under this Constitution, the laws of the 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 Republic shall be a party.
3.02 In all cases affecting ambassadors, other public ministers, and
consuls, the Supreme Court shall have the 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 House shall make.
3.03 The trial of all crimes, except in cases of impeachment, shall
be by jury, and such trial shall be at such place or places as the House may by
law have directed.
3.04 Treason against the Republic shall consist only in levying war
against Republic of New Lemuria, or in adhering to Republic enemies, giving them aid in attempting
to destroy the Republic. No person shall be convicted of treason unless on the
testimony of two witnesses to the overt act or on confession in open court.
3.05 The House shall have the power to declare the punishment of
treason, however, unless convicted of aiding and abetting, the family members of
a person charged and convicted cannot inherit the burden of his guilt.
PROVISION
FOR AMENDING
THE CONSTITUTION
4.00
This Constitution may be amended, in part or whole, only pursuant to a three
quarters affirmative vote by the members of the House at a convention duly
called. The "Yea's" and "Nay's" cast by the respective Elders, shall be
recorded into the Journal of the House, identifying each Elder's vote
specifically. No such amendment to the Constitution can become effective prior
to ninety days after such duly held vote approving the amendment.
TREASURY/Republic
DEBT
5.00
The President shall organize a Finance Department which shall review the
management and finance operations of the Government of the RNL. This
Department shall review and prepare bills providing for the apportionment of
monies to fund the Government. Finance Department members shall be appointed
to such position for a term of no longer than five years.
5.01 The Finance Department shall supervise the management and
operation of the Republic of New Lemuria Central Bank, through the Treasury Department whose head
shall be appointed by the Finance Department.
5.02 All debts contracted and engagements duly entered into by the
Republic of New Lemuria, prior to the adoption of this Constitution, shall be valid against the
Republic under this Constitution.
5.03 The President of the Republic of New Lemuria, shall have the exclusive power and
authority to incur and/or authorize the incurrence of debt or contract by and
between the Republic or any agency thereof, and any other third party, subject
to ratification by the Senate where needed.
SUPREMACY
OF THE Republic
GOVERNMENT
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The Constitution, and the laws of the Republic which shall be made in
pursuance thereof; and all treaties made, or which shall be made, under the
authority of the Republic, shall be the Supreme Law of the land.
6.01 All officers of the three branches of the
Republic Government,
being the Legislative, Executive, and Judicial, shall be bound by Affirmation,
to support this constitution.
RELIGION AND FREEDOM OF SPEECH
7.00
The House 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, except in the event of National Security; or the right of the people
peaceably to assemble, and to petition the Government for a redress of
grievances.
RIGHT
TO PRIVACY
8.00
The House shall enact no law which shall restrict or impair the peoples
right to privacy. 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 be issued, but upon probable cause,
supported by affirmation, which must particularly describe the place to be
searched, and the person or things to be seized.
8.01 Materials reviewed and/or seized by authorities, belonging to
the peoples, shall not be discussed openly, released, or otherwise become public
knowledge. Court records shall be closed to the general public, with only
minimal disclosure. Materials seized shall be returned to the possession of
the peoples within a reasonable time.
8.02 The right of the people to make independent decision with
respect to health matters, whether or not with regard to Abortion, Euthanasia,
AIDS, or other, shall not be interfered with or restricted by any law.
8.03 In cases of deadly communicable diseases, the Government may
compel the isolation of an infected person, however, under no circumstances
shall the nature and identity of the medical condition be released to the
general public.
8.04 The Health Department, shall maintain records regarding deadly
diseases and the spread thereof. However, under no circumstances shall the
identity of any such persons be released to any agency of any Government or to
the general public.
RIGHT TO
BEAR ARMS
9.00
The House shall enact no law which will serve to infringe upon the right of
the people of the Republic of New Lemuria, to own and bear arms.
MISC.
CIVIL
RIGHTS OF THE
PEOPLE
10.00
No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a grand jury, except in cases
arising in the Land, Air, or Naval forces, or in the Militia, when in actual
service in time of war or public danger, nor shall any person be subject for the
same offense to be twice put in jeopardy of imprisonment; nor shall be compelled
in any criminal case to be a witness against himself, nor be deprived of
liberty, or property, without due process of law; nor shall private property be
taken for public use, without just cause and compensation.
10.01 In all criminal prosecutions, the accused shall enjoy the right
to a speedy trial, by an impartial jury, and the accused shall 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 defense.
10.02 In suits of Common Law, the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be otherwise reexamined in any
court of the Republic of New Lemuria, than according to the rules of the Common Law.
10.03 The House of the Republic of New Lemuria, shall enact no law, treaty, or
legislation which would serve to respect or honor decisions or orders of foreign
courts. This applies not only with respect to extradition of persons for
criminal or civil offenses, but in all matters.
10.04 With regard to criminal trials, excessive bail shall not be
levied, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
Unless the defendant is properly convicted of a violent crime, he will not
lose his freedom under any circumstances, but that of treason. In the event, the
accused, having not been previously convicted of a violent crime within the
Republic of New Lemuria,
consents to remain within the jurisdictional confines of the RNL, such person
shall be entitled to bail through a Personal Recognizance Bond, without the
pledge of property or otherwise. In the event of confinement, the accused
shall be treated humanely at all times, with food and shelter being provided and
available to such individual, including medical treatment and counseling, if
requested thereby. Costs thereof shall be the burden of the Republic.
10.05 The House shall enact no law or legislation which would provide
for Death as a prescribed penalty for a crime.
10.06 The Judicial power of the RNL, shall not be construed to extend
to any suit in law or equity, commenced or prosecuted against one of the RNL,
originating in a foreign jurisdiction.
10.07 The House shall enact no law or legislation providing for
slavery or involuntary servitude.
CITIZENSHIP
AND NATURALIZATION
11.00
All persons born or naturalized in the Republic of New
Lemuria, and subject to the jurisdiction
thereof, are citizens of the Republic of New Lemuria. Citizens are free to renounce their
citizenship at any time.
TAXES
AND FINANCIAL
REPORTING
12.00
The House shall not have the authority to lay and collect taxes. However
taxation by inflation may be instituted, only if said taxation is accompanied by
an equal distribution of wealth to all citizens of the Republic of New Lemuria both personal and
corporate. With respect to corporations or businesses, any inflationary
taxation instituted shall at no time be in excess of Ten percent of the issued
and outstanding currencies of the Republic of New Lemuria according to accounting methods and
standards as promulgated within the Republic of New Lemuria.
12.01 All publicly owned corporations and businesses, those having
more than 50 share/bond holders of any one class, shall be required to provide
to the Treasury Department of the Republic of New Lemuria, a statutory declaration setting forth
among other things, Gross Assets and Liabilities, Equity, Revenue, Expenses, Net
Income, General Description of Business, Synopsis of Management and Method of
Ownership. Such information shall be used for statistical purposes and for tax
purposes, if necessary. Such information shall be provided annually on the
31st day of March.
12.02 The accounting and auditing methods to be promulgated for use
by corporations and business domiciled in the Republic of New Lemuria, shall be "International
Accounting Guidelines" and International Auditing Principles", as determined by
the International Accounting Association, of the Republic of New Lemuria. The International
Accounting Association shall license persons to practice as Chartered
Accountants within the Republic. Further, the IAA shall be governed by a
committee of three, initially appointed by the President of the Republic of New
Lemuria, and
subsequently elected by its membership each and every six years.
LICENSING OF LAWYERS
AND REQUSITES REQUIRED
13.00 Except upon
special proclamation by the President or Secretary of State, of the Republic of
New Lemuria, all
persons to be licensed to practice law before any court or authority within the
Republic, shall be required to have the following qualifications:
(1)
have attained the age of twenty five;
(2) have obtained a degree in law from an accredited college or
university; or have a degree in business from an accredited college or
university and have more than 10 years of business experience;
(3) have successfully passed an exam prepared and given by the Bar
Association of the Republic of New Lemuria;
(4) have not been previously disbarred from practicing law within the
Republic of New Lemuria.
14.00 The enumeration in this Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the people.
EFFECTIVENESS
HEREOF
15.00
The unanimous ratification of the representatives in 1991, shall be
sufficient for the establishment of this Constitution of the Republic of New Lemuria, as amended in June 2006 by the House of Elders..
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