We the Citizens of New Attica, in order to establish justice, insure
domestic tranquility, provide for the common defense, and secure the blessings
of liberty to ourselves and our posterity, do ordain and establish this
Constitution for New Attica as its supreme law, deriving its just
authority from the law of nature and the consent of the governed.
1.1.1 The Government of New Attica shall consist of a Federal
Administration and a number of Virtual Cantons.
1.1.2 If the territory of New Attica is held on a long-term
lease from another nation, the contracting lessee shall be the Federal
Administration.
1.1.3 The Citizens of New Attica shall be any persons who,
being competent, shall have signed and assented to this Constitution.
Citizenship carries with it the right to vote and eligibility for public
office, which are denied to non-Citizens; it carries with it also the
liability to taxation by the Federal Administration and by the Citizen's
Virtual Canton, from which liability non-Citizens are exempt. Thus the
Government of New Attica is a voluntary cooperative association, with free
exit and entry, and taxation is thus likewise voluntary, being conditional
on Citizenship. Citizens may renounce their Citizenship at any time, and
reclaim it later as they choose.
No competent person shall be barred from Citizenship. Criminal
conviction shall not remove the rights, nor public office the responsibilities,
of Citizenship.
1.1.4 Every Citizen shall have the right to launch a popular
initiative calling for a national referendum to recall the President of
New Attica or any member of the Negative Council, or to repeal any
law, practice, or policy of the Government, exclusive of the provisions
of this Constitution, by majority vote; a petition by not fewer than 1 percent of
Citizens shall be sufficient to establish the referendum.
1.1.5 The Federal Administration shall consist of a Legislature,
an Executive, and a Judiciary.
1.2.1 The Legislature shall be composed of two houses: the Parliament,
and the Negative Council.
1.2.2 The Parliament shall be composed of Citizens representing
the Virtual Cantons. Each Virtual Canton, regardless of size, shall send
exactly one representative to the Parliament. These Members of Parliament
are to be chosen in accordance with the laws of the respective Virtual
Cantons. Each Member of Parliament shall serve a seven-year term; no Member
of Parliament may serve more than one term consecutively or three terms
non-consecutively. Members of Parliament may be recalled in accordance
with the laws of the relevant Canton.
1.2.3 The Negative Council shall be composed of Citizens representing
the Citizens of New Attica. There shall be one Councillor for every
5,000 Citizens. Half of these Councillors, the Councillors by Election, are
to be chosen by majority (or plurality) vote of the Citizens. The other
half, the Councillors by Lot, are to be selected randomly from a pool of
all Citizens willing to serve. These two kinds of Councillor shall have
identical voting rights. Each Councillor shall serve a seven-year term;
no Councillor may serve more than one term consecutively or three terms
non-consecutively. Councillors of either sort may be recalled by national
referendum as detailed in 1.1.4.
1.2.4 The Parliament shall have the power to initiate legislation
by a two-thirds vote; such legislation must then be approved by a two-thirds
vote of the Negative Council. Every bill which shall have passed the Parliament
and the Negative Council shall, before it become a law, be presented to
the Executive; if at least two of the Presidents approve it they shall
sign it and it shall become law, but if not the Executive shall return
it with their objections to the Parliament, which shall proceed to reconsider
it. If after such reconsideration four-fifths of the Parliament shall agree
to pass the bill, it shall be sent, together with the objections, to the
Negative Council, by which it shall likewise be reconsidered, and if approved
by four-fifths of the Council, it shall become a law.
Any bill, before it may become a law, must embrace no more than one
subject, which shall be expressed in its title; appropriation bills shall
concern only spending of monies and shall not mandate any other action or
conduct, nor shall any bill except a general budget bill contain more than
one item of appropriation, and that for one expressed purpose.
In the case of bills that contain spending
appropriations, the Executive may exercise a line-item veto, signing some
provisions into law and sending others back with objections to the Parliament.
If any bill shall not be returned by the Executive within fourteen days
after it shall have been presented to them, the same shall be a law, in
like manner as if they had signed it, unless the Legislature by their adjournment
prevent its return, in which case it shall not be a law.
The Parliament shall also have power to propose Amendments to this
Constitution as detailed in Section 2.1.
1.2.5 The Negative Council shall have no power to initiate legislation,
but shall have, in addition to the power of vetoing proposed Federal legislation,
the power to repeal any already existing Federal legislation. A one-third-plus-one
vote in favour of repeal shall be sufficient to repeal the legislation;
no executive review is required. The Negative Council shall also have power
to pass judgment on proposed Amendments to this Constitution as detailed
in Section 2.1.
1.2.6 Each of the two houses of the Legislature shall regulate
its own affairs, determine its own rules of procedure, and choose its own
officers, including its President.
1.2.7 The powers of the Legislature shall be restricted to the following provisions:
b) to conduct the financial affairs of the Federal Administration;
c) to lay and collect taxes on Citizens of New Attica, for the purpose of paying the debts and providing for the common defense of New Attica, and likewise to solicit voluntary contributions to the Treasury, or to provide services such as lotteries to that end;
d) to declare war in defense of New Attica, and to make peace, and to raise and support a military force;
e) to provide for calling forth a militia to execute the laws of the nation, suppress insurrections, and repel invasions;
f) to vest the appointment of such officers whose appointments are not herein otherwise provided for, and which shall be established by Federal law, in the Executive or in the Judiciary, as the Legislature deems proper;
g) to impeach any federal officer;
h) to exercise an extraordinary power, for a period of no more than 20 years immediately following the adoption of this Constitution, to regulate or prohibit the importation or exportation of mind-altering drugs, or the manufacture, importation, and exportation of large-scale chemical, biological, or nuclear weapons, but only insofar as and solely to the extent that such regulation or prohibition is necessary in order to avert a severe risk to New Attica of suffering foreign invasion.
i) to make such laws as shall be necessary for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Federal Administration, or in any department or officer thereof, provided that no law imposing greater restrictions on the people than needed for the attainment of this end shall be regarded as necessary.
1.2.8 The privilege of the writ of habeas corpus shall not be
suspended; no bill of attainder or ex post facto law shall be passed.
1.2.9 No money shall be drawn from the Treasury, but in consequence
of appropriations made by Federal law; and statements and accounts of the
receipts and expenditures of the Federal Administration shall regularly
be made public.
1.2.10 The average Federal tax burden shall rise no higher than
10 percent of the average Citizen's income, this figure to be determined
or approximated by statistical methods involving no compulsory disclosure
of information on the part of Citizens.
1.2.11 All elected officials in the Federal Administration shall,
at stated times, receive for their services a compensation to be determined
by the Legislature; but such compensation shall be neither increased nor
diminished during the period for which they shall have been elected, and
shall in any case exceed the average Citizen's income (to be determined
as in 1.2.10) by no more than 100 percent.
Nor shall any Federal officer receive any compensation in any year in
which the Federal budget is not balanced (nor may any budget item be
declared "off-budget").
1.2.12 The Federal laws (unlike the Canton laws) shall apply
to anyone within the territory of New Attica, whether Citizen or not.
1.2.13 The sum total of Federal laws may not exceed one million
words. Any Federal laws passed after this limit has been reached, no previous
laws having been repealed, are void and unlawful. Also, each Federal law,
before being passed, must be read aloud, at normal speed, to a quorum of
each house of the Legislature. These provisions may not be evaded by attempting
to give the force of law to documents that are not Federal laws by passing
Federal laws which merely refer to these documents.
1.2.14 It shall be the duty of the Federal Legislature to refuse
their assent to, or to repeal, any laws in conflict with the Constitution
of New Attica.
1.2.15 The deliberations of the Legislature shall be open to
public view and record.
1.2.16 The Legislature may not delegate its legislative authority
to any other person, body, or bureau.
1.2.17 Each house of the Legislature, subsequent to the first
election, shall be divided by lot into three classes, as nearly equal as
possible, with one class retiring at the end of the third year, another
at the end of the fifth, and another at the end of the seventh.
Temporary vacancies in the Negative Council may be made up by the Executive
until an election can be held. Temporary vacancies in the Parliament may be made
up in such manner as the laws of the relevant Canton may direct.
1.3.1 The Federal Executive shall be composed of three Citizens:
the President of the Parliament, elected by majority (or plurality) vote
of the Parliament; the President of the Negative Council, elected by majority
(or plurality) vote of the Negative Council; and the President of New
Attica, to be elected by majority (or plurality) vote of the Citizens.
The will of the Executive is to be determined by a two-thirds vote of the
Presidents.
Each President shall serve a term of no longer than five years;
no President may serve more than one such term consecutively or three such
terms non-consecutively.
The Executive term of the President of either house of the Legislature
shall expire prematurely on the expiration without renewal of said
President's Legislative term.
The President of the Parliament may be recalled as the Parliament's rules
of procedure may direct; the President of the Negative Council may be recalled
as the Negative Council's rules of procedure may direct; the President of New
Attica may be recalled by national referendum as detailed in 1.1.4
1.3.2 The Executive shall from time to time publicly give to
the Legislature information of the state of the nation, and recommend to
their consideration such measures as the Executive shall judge necessary
and expedient.
1.3.3 The powers of the Executive shall be restricted to the following:
b) to make treaties and to appoint ambassadors and other public officers, by and with the advice and consent of two-thirds of each house of the Legislature, and to commission all the officers of New Attica;
c) to receive ambassadors and other public ministers;
d) to convene, on extraordinary occasions, either or both houses of the Legislature (but the Executive shall not convene the Legislature at strange or difficult times or locations);
e) to sign or veto legislation as provided for in the section on the Legislature.
1.3.4 In time of war, any President may delegate his or her decision-making
authority to any other President, for a stated period revocable only by
majority vote of the Presidents, and not to exceed three months (but renewable
thereafter).
1.3.5 Any President shall have power to grant reprieves and pardons
for any offenses tried under the laws of New Attica, except in cases
of impeachment.
1.3.6 It shall be the duty of the Federal Executive to refuse
assent to or execution of any laws in conflict with the Constitution of
New Attica, and to grant reprieves or pardons to any persons accused
of violating such laws.
1.3.7 The three members of the Executive, subsequent to the first
election, shall be assigned terms by lot, with one retiring at the end
of the first year, another at the end of the third, and another at the
end of the fifth.
1.3.8 The Legislature may by law provide for the case of removal,
death, resignation, or inability of any member of the Executive, declaring
what officer shall succeed to that office, and such officer shall act accordingly
until the disability be removed or a new president shall be selected in
the usual manner.
1.4.1 The Federal Judiciary shall be composed of a Supreme Court
and an independent judiciary.
1.4.2 The Supreme Court shall consist of 9 Citizens, and shall
judge by majority vote. Appointments to the Supreme Court, barring impeachment,
shall be for an indefinite term, or until such age of retirement as may
be specified by law (except that legal changes in the age of retirement
shall not affect the term of existing appointments), and shall be made
by the Executive and confirmed by a majority vote of both houses of the
Legislature.
1.4.3 The independent judiciary shall consist in a private judicial
service or services, under contract to the Federal Administration. Such
contracts are to be established and revoked by majority vote of both houses
of the Legislature. Such private judicial service shall be considered a
division of the Federal Judiciary (and thus of the Government under this
Constitution) for the duration of its contract and no longer.
1.4.4 Cases brought before the Federal Judiciary shall first
be heard by the independent judiciary; the Supreme Court shall serve as
the final court of appeal, but may refuse to hear any appeal.
1.4.5 Fees for Federal court services shall be determined by Federal legislation.
1.4.6 The power of the Judiciary shall be restricted in the first instance to the adjudication of disputes
between the Federal Administration and a Canton, or
between the Federal Administration and a Citizen, or
between the Federal Administration and a non-Citizen, or
between one Canton and another, or
between one Canton and the members of another, or
between members of different Cantons, or
between a Canton and its own members, or
between a Canton and non-Citizens, or
between Citizens and non-Citizens, or
among non-Citizens.
1.4.7 In addition,
disputes to which the independent judiciary is a party may be adjudicated by the Supreme Court;
disputes to which the Supreme Court is a party may be adjudicated by the independent judiciary, without appeal to the Supreme Court; and
disputes between the Supreme Court and the independent judiciary, and disputes to which the Federal Judiciary as a whole is a party, may be adjudicated in such manner as the Legislature may determine.
1.4.8 Disputes between the independent judiciary and other divisions
of the Government are to be adjudicated as provided by contract.
1.4.9 No person shall be convicted, sentenced, or imprisoned
without due process of law, including the right to trial and habeas corpus,
and there shall be no detention without trial, nor shall any person either
before or after trial be held incommunicado. An accused person shall be
assumed innocent until proven guilty. A person who has been arrested, detained,
imprisoned, tried, or sentenced either illegally or in error shall receive
restitution. At every stage of criminal process, an accused shall be informed
of the charges against him or her, and to the privilege of counsel. An
accused who does not speak the language in which the proceedings are conducted
shall be provided without expense the services of an interpreter.
1.4.10 The right of the people to be secure in their persons,
dwellings, vehicles, 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; nor shall
any person be subject for the same offence to be twice put in jeopardy
of penalty; nor shall any be compelled in any criminal case to be a witness
against him or herself, nor be deprived of liberty or property without
due process of law. Where illegally obtained evidence is judged to be admissible
in court, those who obtained it remain subject to criminal prosecution.
1.4.11 The Judiciary shall have no power of compulsory witness,
not of compulsory jury empanelment.
1.4.12 It shall be the chief aim of judicial adjudication to
secure restitution for the victim to the fullest degree possible at the
expense of the criminal or wrongdoer. Likewise, the government (whether
Federal or Canton) shall as far as possible make full restitution for all
loss suffered by persons arrested, indicted, restrained, imprisoned, expropriated,
or otherwise injured in the course of criminal proceedings that do not
result in their conviction. When they are responsible, government employees
or agents shall be liable for this restitution.
The claim of a victim (or class of victims) to restitution shall be a
marketable claim, which may be acquired through gift or sale (or, in the
case of deceased victims, through bequest or homesteading).
1.4.13 The victim shall have the right to direct the prosecution
in criminal cases, so far as is consistent with full respect for the rights
of the accused.
1.4.14 Excessive bail shall not be required, nor excessive fines
imposed, nor torture or other cruel, unusual, or degrading treatment inflicted.
Convicted criminals shall not have their liberty restricted except so far
as is necessary for the protection of others, nor their property seized
except so far as is necessary to make restitution to the victim and to
pay the costs of the criminal's capture and trial.
1.4.15 It shall be the duty of the Federal Judiciary to strike
down as void and unlawful any laws, whether Federal or Canton, in conflict
with the Constitution of New Attica.
1.4.16 The Federal Judiciary shall not construe any part of this
Constitution to be without effect, or to be judicially unenforceable.
1.5.1 In becoming a Citizen of New Attica, one also chooses
membership in a Virtual Canton. The Virtual Cantons are not geographically
or territorially defined entities, but free associations of Citizens. There
shall be no fewer than one Virtual Canton for every 100 Citizens, and in
any case no fewer than 10 Virtual Cantons in total. Members of one Virtual
Canton may change their membership at any time to that of any other Canton,
without change in residence.
1.5.2 The political constitution of each Virtual Canton shall
initially be chosen by majority vote of its members; subsequent Canton
laws shall be passed, and measures for enforcement determined, in accordance
with the provisions of that constitution. The constitution and laws of
each Virtual Canton shall be binding on its members, subject to the provision
that such constitution and laws may not conflict with the Constitution
of New Attica, and that free exit and entry must always be permitted.
No Virtual Canton shall have authority over persons who are not its members,
unless by prior agreement with those persons or with their Virtual Canton,
except insofar as is necessary to protect against aggression the rights
of its members to their persons and property. The method of determining
a Canton's vote on proposed Amendments to the Constitution of New
Attica (see Section 2.1) shall be determined by the constitution or laws
of that Canton.
1.5.3 No Citizen shall be denied membership in a Virtual Canton,
except on the grounds that he or she is already a member of another Canton.
Plural Canton membership shall be permissible if authorised by the laws
of the Cantons involved.
1.5.4 Any association of 100 or more Citizens may constitute themselves
as a new Virtual Canton under the Constitution.
1.5.5 A Canton may dissolve itself in accordance with its own
laws, unless such dissolution should bring the number of Cantons below
the required number. In addition, any Canton whose membership falls below
100 shall be regarded as dissolved, subject to the same qualification.
1.5.6 Disputes among members of the same Canton, if adjudicated
under this Constitution, are to be adjudicated in accordance with the laws
of that Canton, allowing or not allowing for Federal appeal as those laws
may determine. Disputes across Canton boundaries are to be adjudicated
as detailed in the section on the Federal Judiciary.
1.5.7 The manner of holding elections and referenda, both Canton and national, shall be determined by the laws of each Canton, except that the Federal Legislature may by two-thirds vote of each house make or alter such regulations with regard to the national elections and national referenda; but national elections and referenda shall in any case be universal, free, and secret.
In the case of national elections, a petition of not fewer
than one percent of Citizens shall be sufficient to place a candidate on the
ballot; and in elections for Federal office each ballot shall contain the
alternative "None of the above is acceptable." In the event that "None of the
above is acceptable" receives a plurality of votes in any election, the elective
office for that term shall remain unfilled and unfunded.
1.5.8 No Virtual Canton shall, without the consent of the Federal
Legislature, enter into any agreement or compact with a foreign power,
or engage in war unless required by such imminent danger as will not admit
of delay.
1.5.9 The average tax burden within a Canton shall rise no higher
than 40 percent of the income of the average Citizen of that Canton, this
figure to be determined or approximated by statistical methods involving
no compulsory disclosure of information on the part of Citizens.
2.1.1 The Legislature, whenever four-fifths of both Houses shall
deem it necessary, shall propose Amendments to this Constitution (a process
to be initiated by a four-fifths vote of the Parliament, and confirmed
by a four-fifths vote of the Negative Council), which Amendments shall
be valid to all intents and purposes as part of this Constitution when
ratified by both four-fifths of the Virtual Cantons (to be determined as
the laws of the individual Cantons shall direct) and two-thirds of the
Citizens, provided that no Amendment shall in any manner affect Part Two
of this Constitution.
2.1.2 All Amendments shall collectively constitute Part Three
of this Constitution; the Legislature shall have the power to enforce any
Amendment by appropriate legislation, so far as such power is consistent
with those provisions of the Constitution not subject to Amendment.
2.2.1 The following protections of rights shall be binding upon
the Virtual Cantons and all branches of the Federal Administration. Public
officials and government employees possess no special rights, immunities,
or exemptions not possessed by other Citizens; nor shall crimes against
the Government of New Attica or its officers be labeled "treason,"
or regarded as more serious than crimes against other organisations or
individuals. Moreover, apart from the rights of suffrage, referendum initiative,
and the holding of public office under the Constitution of New Attica,
which are reserved to Citizens alone, the following rights apply to all
persons equally, regardless of Citizenship or residency, with the qualification
that persons judged incompetent (e.g., young children, or the mentally
ill) may have their rights suspended in order to secure those ends to which,
so far as can be established, they would be likely to consent if competent;
but such persons retain in full force, as do others acting on their behalf,
the right to challenge in court their status as incompetent no less often
than once a year, and to sue for false judgment. Every person of the age
of 16 or greater shall be assumed competent, and every person under the
age of 16 shall be assumed incompetent, until proven otherwise in a Federal
court. The standard of evidence necessary to prove incompetence shall be
higher than the standard of evidence necessary to prove competence.
2.2.2 The laws of New Attica shall apply equally to all
persons regardless of gender, ethnicity, opinions, religion, national origin,
or peaceful lifestyle.
2.2.3 No law shall abridge the right of each person to do as
he or she chooses with his or her own person and property, so long as he
or she does not interfere, by force or fraud (or the threat thereof), with
the equal right of others to do as they choose with their own persons and
property.
2.2.4 No law shall abridge the right of persons to the peaceful
control of their own bodies, nor interfere with voluntary consensual or
contractual relations among persons, or the right to form cooperative ventures
of any kind; nor invade the privacy of peaceful persons, nor by confiscation,
expropriation, regulation, redistribution, restriction, control, or any
other means abridge the right of any person to acquire property by homestead,
purchase, or gift, or to use, control, exchange, lease, sell, transfer,
bequeath, dispose of, or in any manner enjoy, their property without interference,
until and unless the exercise of their control infringes the freedom of
others; nor shall private property be fully or partially taken for public
use without the consent of, and mutually agreeable compensation to, the
owner.
2.2.5 No law shall create a class of victimless or consensual
crimes.
2.2.6 No law shall abridge the right of freedom of association;
any person may associate or transact with any other person or refuse to
associate or transact with any other person for any reason, and the proprietor
or lawful possessor of any movable or immovable property may exclude or
refuse admission to any other person, except where such property is being
used to violate the rights of others.
2.2.7 No law shall abridge the freedom of thought and feeling,
or their peaceful expression or dissemination, as in speech, press and
other media, artistic depiction, or religious practice; nor shall any law
be made to promote or hinder religion, artistic culture, education, scientific
research, or communication; nor shall the government of New Attica
operate or support any school, college, or university.
2.2.8 No law shall abridge the right of the people peaceably
to assemble, or to petition the government for a redress of grievances.
2.2.9 No law shall countenance the existence of slavery, conscription, indenture, or any other form of involuntary servitude within New Attica, or in any place subject to its jurisdiction.
Nor shall any person be compelled by law to serve as an incubator for an unborn
foetus; the right to defend one's bodily integrity extends to the right to abort
an unwanted pregnancy.
2.2.10 No law shall restrict or hamper the free and peaceful
movement of persons, goods, or ideas within or across the borders of
New Attica.
2.2.11 No law shall abridge the right of any person to use or
issue any commodity or item as currency; nor shall the government of
New Attica engage in monetary regulation or issue of any sort.
2.2.12 No law shall abridge the right of self-defense by victims or their agents against initiators of aggression (including governments or their agents), including the right to own, manufacture, sell, and bear arms; but the right of self-defense shall not be construed to license resistance on the part of such aggressors to the legitimate use of force against them in defense of the rights of their victims.
Retributive punishment, or any coercive treatment disproportionate to the
seriousness of the aggression or exceeding that required to restrain an
aggressor, protect actual or potential victims of that aggressor, or secure
restitution, is hereby prohibited.
2.2.13 No law shall establish occupational licensure, nor make or
claim grants of monopoly privilege, nor restrict competition or free entry into
any profession or industry, including the services of adjudication, protection,
and enforcement of legitimate rights.
2.2.14 No person shall be convicted for violating government
secrecy classifications unless the government discharges its burden of
proving that the publication violated the right of privacy of those who
have been coerced into revealing confidential information to government
agents, or disclosed defensive military plans so as to materially impair
the capability to respond to attack; but it shall be a valid defense to
such prosecution that information divulged shows that the government has
violated the law.
2.2.15 Any Virtual Canton may secede with its citizens and their
property from the jurisdiction of New Attica, whereupon their
territory shall become a sovereign independent state in accordance with
international law.
2.2.16 The enumeration in this Constitution of certain rights
shall not be construed to deny or disparage others retained by the people.
2.2.17 The powers not delegated to the Federal Administration
by this Constitution, nor prohibited by it to the Virtual Cantons, are
reserved to the Cantons respectively, or to the people.
2.2.18 The existence of a state of emergency shall not be construed
to limit the individual rights, or to expand the governmental powers, herein
enumerated.
(None yet)
Addendum to 2.2.2: "Nor shall the courts grant to any profession or body of thought an effective "monopoly on truth" by permitting its findings to be entered as evidence while at the same time denying the same privilege to its rivals."
Addendum to 2.2.13: "Nor shall any law grant copyrights or patents, or recognize their legitimacy; this provision shall not, however, be construed to license the fraudulent marketing of one person's work under the false pretense that it is another's." Alternatives include altering 1.2.7.h to allow a temporary extraordinary power to implement copyright in order to preent invasion, or some other form of implementing a copyright system.
Various debates about particular numbers: in 1.1.4, the number of citizens required for a referendum; in 1.2.3, how many Councillors; in 1.2.7.h, the duration of the extraordinary power; in 1.2.10, the maximum amount of federal tax; in 1.2.11, the maximum compensation; in 1.4.2, the size of the Supreme Court; in 1.5.1 and 1.5.4 and 1.5.10, the minimum number and size of Cantons; in 1.5.7, the number of petitioning citizens needed to allow a candidate; and in 1.5.9, the maximum Canton tax; in 2.2.1, the standard age of competence.