THE ROYAL CONSTITUTION OF VOLLETNIA
Constitution of the Kingdom of Volletnia
October 20, 1990
This document is the supreme and highest law of the Kingdom of Volletnia.
The aim of all political association is the preservation of the natural and imprescriptible rights of man. These rights are liberty, security in person and property, and resistance to oppression. We feel that present day governments are no longer effective protectors of the rights and liberties of the people. So we hereby establish this constitution to ensure the liberty of the people and let people live free in the Kingdom of Volletnia.
Bill of Rights
We hold that the principles contained in this Preamble should be the beacon of the Kingdom and thus take precedence over all other laws of the land, including Articles contained in this Constitution. Therefore the People of the Sovereign Kingdom of Volletnia recognize and proclaim, in the presence and under the auspices of God, the following rights of the Citizen, that:
1. All persons are born free and remain free and equal in rights. Social distinctions are an economic necessity. In no way are anyone's rights related to their economic status.
2. Liberty consists in the freedom to do everything which injures no one else, or anyone's property; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights.
3. The King and the Parliament 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.
4. Being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.
5. 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.
6. 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 objects to be seized.
7. 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 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 life or limb; nor shall be compelled in any criminal 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. As all persons are held innocent until they shall have been declared guilty, if arrest shall be deemed indispensable, all harshness not essential to the securing of the prisoner's person shall be severely repressed by law.
8. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury, 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 defense.
9. For criminals, the law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed.
10. The security of the rights of man and of the citizen requires military forces. These forces are, therefore, established for the good of the nation and not for the advantage of any one person.
11. Law is the expression of the general good. Every citizen has a right to participate personally, through petitioning his representative, through petitioning the King, and through initiative in its foundation. Laws must be the same for all, whether it protects or punishes. All citizens over age 18, being equal in the eyes of the law, are equally eligible to all dignities and to all government positions and government occupations, according to their abilities, and without distinction except that of their virtues and talents.
12. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
13. The powers not delegated to the government by the Constitution, nor prohibited by it, are reserved to the people. Article I. Legislative Powers
All legislative powers herein granted shall be vested solely in the Parliament of Volletnia, the Polinsraadt, but the People reserve unto themselves the powers of initiative and recall.
Section 2. The Polinsraadt; how elected; terms.
(a) The Polinsraadt shall be composed of members chosen at large for two years by the Citizens of Volletnia.
(b) No person shall be a Member of the Polinsraadt who has not attained the age of 5, and who when elected shall not be a Citizen of Volletnia.
(c)The initial enumeration of seats in Polinsraadt shall be 1 Per Laande. The Candidate must be a legal resident of the District in which they are a candidate to run for Polinsraadt.
(d) When vacancies happen in the representation of the Polinsraadt, the Imperial Chancellor shall appoint a Citizen otherwise fulfilling the requirements of Article I, Section 2(b) to serve for the remainder of the unexpired term for that seat.
(e) The Polinsraadt shall assemble least once each year and such meeting shall take place at a time and place as they shall appoint by law.
Section 3. Oath of office
Before elected members of the Polinsraadt enter on the Execution of their Offices, they shall take the following Oath:-- "I do solemnly swear that I will well and faithfully execute the duties of the office of Royal Proctor, and will to the best of my Ability, preserve, protect and defend the King and the Constitution of the Kingdom of Volletnia."
Section 4. Parliament and internal proceedings.
(a) The Polinsraadt shall submit to the Electory Board to be the judge of elections, of its own members, and a majority 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 it may provide.
(b) The Polinsraadt may determine the rules of its proceedings, and from time to time publish the same excepting such parts as may, in their judgment, and with the concurrence of the King, require secrecy; and the yeas and nays of the members on any question shall, at the desire of one-fifth of those present, be entered on the journal.
Section 5. Compensation; holding of other offices.
(a) The Polinsraadt may receive compensation for their services to be determined by the will of the People through referendum.
(b) No Member of the Polinsraadt shall, during the time for which he was elected, hold any other office under the authority of the Kingdom of Volletnia.
Section 6. Bills and Acts.
(a) Every bill originating in the Parliament shall, before it becomes a law, be presented to the Imperial Chancellor. If he approves he shall sign it and the bill shall be presented to the King for his approval. If the King does not return the bill to the Imperial Chancellor within 30 days, the bill becomes law. If he disapproves he shall return it to the Imperial Chancellor. However, if the bill is not signed by the Imperial Chancellor it shall be returned, with the objections to the Parliament who shall enter the objections at large in their journal, and proceed to reconsider it. If after reconsideration, four fifths of the Parliament shall agree to pass the bill it shall become law. But in all such cases the votes shall be determined by yeas and nays and the names of the persons shall be entered on the journal of the Parliament. If any bill shall not be rejected by the Imperial Chancellor within 60 days after it shall be presented to him, the same shall be law in like manner as if he had signed it, unless the Parliament by their adjournment prevent its return, or unless the King or Imperial Chancellor is prevented physically from returning it by extraneous circumstances, in which case it shall not be law.
(b) Any bill passed by Parliament, and signed by the Imperial Chancellor, and not approved by the King wil lnot become law if the King returns the bill to the Imperial Chancellor with his objections.
(c) Laws passed by parliament can be declared unconstitutional if the majority of Grand Council declares it to be so.
Section 7. Power of Impeachment
(a) The Parliament shall have the sole Power of Impeachment.
(b) The Parliament shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. And no Person shall be convicted without the Concurrence of two thirds of the Members of Parliament. The King shall be the Judge in all Impeachment Trials.
(c) 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 Volletnia: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
(d) All Cases of Impeachment against the Imperial Chancellor can and must be preceded by a Vote of No Confidence of not less than a simple majority of the entire membership of Parliament.
Section 8. Powers of the Parliament.
The Parliament shall have the power
(a) To provide for punishment for counterfeiting the securities and current coin of the Kingdom;
(b) To fix the standard of weights and measures used by government;
(c) To promote the progress of science and useful arts by securing for limited times the exclusive right to their respective writings and discoveries;
(d) To define and punish piracies and felonies committed on the high seas,
(e) Grant letters of marque and reprisal.
Section 9. Restrictions
(a) The naturalization of such persons as the King thinks proper shall not be prohibited.
(b) The privilege of the writ of habeas corpus shall not be suspended.
(c) No bill of attainder or ex post facto law shall be passed.
(e) No money shall be drawn from the Treasury by Parliament but in consequence of appropriations made by law;
(f) All laws and bills passed by parliament shall relate solely to the establishment, structure, and operation of: the courts, the police, and other justice and law enforcement systems. Except:
(I) Laws and bills relating to the specific legislative powers outlined elsewhere in this article,
(II) Laws and bills concerning taxation and the funding of constitutionally authorized operations of government
(III) Laws enabling the enforcement of contracts, and;
(IV) Laws which define, or establish levels of punishment for, types of crimes and torts. An action can be considered a crime or tort only if it meets the following definitions:
A crime is any action taken by an individual wherein the individual intentionally initiates physical force, fraud, or theft which results in damage to another individual or damage or loss of another individual's property without the consent of that individual. Tort is any unintentional action that results in damage to another individual or damage or loss of another Individual's property.
Section 10. Scheduling
The Parliament shall meet for no more than 25 consecutive weeks a year, unless a time extension is granted by the King.
Article II. The King.
The King's solemn duty is to act as a Supreme guardian of the Volletnian people, their rights, and their liberties. As the pinnacle of Volletnia, the King represents the best of Volletnian society, and is the proponent of freedom.
Section 2. King and how chosen.
(a) The Supreme and Final Authority of the Kingdom insomuch as it relates to the internal governance of the Kingdom shall be vested in the King. The King shall be the advocate of the People.
(b) The King shall serve for life or until such time as he shall relinquish the Crown.
(c) Prior to relinquishing the Crown, the King shall establish his successor without interference from any group or body. During his reign he may establish, at his leisure, a Crown Prince, Princess or Regent to serve in the event of his untimely death or disability.
(d) Should the King die or become unable to fulfill his duties on a permanent basis and not having chosen a successor; and having no declared successor to lay claim to the throne; a referendum shall be held to choose the succession of the King and; de facto, the House to which the line of Kings shall be chosen.
(e)The people would also, in the same referendum, have the opportunity to choose to dissolve the Monarchy. If the total vote of the referendum is tallied and 4/5ths of the total vote cast is for dissolution of the Crown, the Monarchy would cease to exist and Article II of this Constitution would be declared repealed. The remainder of the Powers of the King would then devolve to the Imperial Chancellor and Parliament.
Section 3. The Powers of the King on behalf of the People shall be,
(a) To investigate the courts, the police, and other justice and law enforcement bodies in order to ensure their integrity, lack of corruption, and adherence to the law.
(b) To issue passports and other citizenship related documents
(c) To grant reprieves and pardons;
(d) To annex territory on behalf of the People of Volletnia;
(e) To coin money and regulate the value thereof,
(f) To bestow Royal titles, medals, or other rewards for outstanding service to the Kingdom
(g) To raise and support armies for the common defense, to provide and maintain a navy, to make rules for the government and regulation of the land, naval, and other forces and to provide for calling forth the militia to execute the laws of the Kingdom, suppress insurrection, and repel invasions; to provide for organizing, arming, disciplining the militias and for governing such part of them as may be employed in the service of the Kingdom.
(h) To establish and administer the Royal Guard to serve for his protection and the exercising of his duties under this article.
(i) To represent Volletnia in all ambassadorial functions with foreign governments, and to negotiate and enter into treaties on Volletnia's behalf.
Section 4. Powers of the King relating to law.
The following Powers shall be irrevocably vested in the King in the interest
of the People;
(a) To propose laws and bills to be voted on by parliament
(b) To make official Royal Proclamations and Recommendations on activities occurring within the Kingdom, although these do not carry the force of law.
(b) To call special referendums to determine the will of the People for his own information.
(c) To approve or veto bills and laws passed by the parliament
(d) To have sole authority over all immigration and naturalization issues
(e) To designate official holidays, and to establish the flags, insignias, and symbols of Volletnia.
(f) To have the authority to suspend or terminate any member of Parliament, including the Imperial Chancellor or members of the Chancellor's Cabinet if the member presents acts that call for the abolition of the Monarchy; and/or presents acts of great opposition that, in the opinion of the King, could be construed as treason against the Crown, if not against Parliament or the citizens of Volletnia.
(g) To have the authority to, in the event of war, economic or general emergency, suspend Parliament and take command of the armed forces. And while the authority of the King would be absolute during this time, the suspension would apply only to Parliament and to the office of the Imperial Chancellor. The Grand Council would still remain in their Constitutional role as advisors to the King and to keep the judicial branch of the Government stable. The suspension of Parliament and the Imperial Chancellor is not to exceed 120 days.
(h) To create from newly acquired lands and territories.
Section 5. Compensation
The King shall be compensated for general housing and living expenses, with any personal compensation to be determined through referendum or act of Parliament. The King shall also be funded as necessary for the carrying out of the duties with which he is charged under this article (except for funding of the military, which shall be the domain of Parliament). The King shall submit annually a budget to this end, which shall be adopted unless rejected by 4/5 of the Parliament. In the event that funding is restricted in such a way as to undermine the ability of the Monarchy to fulfill its constitutional duties and obligations, the Grand Council may intervene in order to ensure the budget's assent.
Article III. The Imperial Chancellor.
(a) The Leader of the Polinsraadt of the Kingdom shall be vested in the Imperial Chancellor of Volletnia, in that he shall see to the logistical implementation of Parliamentary law. He shall hold his office for a term of four years and be elected as follows:
(b) Citizens having reached the age of majority as proscribed by law may vote. Under the supervision of the Electory Board without the Imperial Chancellor, the ballots shall be tallied. The person having the greatest number of votes shall be Imperial Chancellor, if such number be a majority of votes cast. If no person receives a majority of votes cast a special Election shall be called by the King for thirty days hence and the two persons receiving the greatest number of votes during the general election shall be placed on the ballot. The person receiving the greatest number of votes during the special election shall be the Imperial Chancellor notwithstanding a majority of votes received.
(c) No person shall be Imperial Chancellor who shall not have attained the age of 21 or as established by legislation at the time of his election and who, when elected, after the year 1990, shall not have been a citizen of Volletnia.
(d) In case of removal of the Imperial Chancellor from office, or of his death, resignation, or inability to discharge the duties of the said office, the same shall devolve on the Royal Secretary of State, and in the case of removal, death, resignation, or inability of both Imperial Chancellor and Royal Secretary of State, the Minister of the Treasury shall fulfill the duties of Imperial Chancellor until the King shall call special election not less than 30 days nor more than 45 days after the vacancy occurs to fill the unexpired term of the office of the Imperial Chancellor.
The responsibilities of the Imperial Chancellor are:
(a) To create a cabinet and appoint its members from the Polinsraadt.
(b) To delegate his powers unto a cabinet of Members of Parliament he may create as he sees fit, to appoint a member to the Electory Council, and to appoint the Minister of Defense to provide advice on the judicious use of the army and navy of the Kingdom on behalf of the People.
(c) To appoint a Minister of the Treasury to administrate over the affairs of the fiscal Kingdom.
(d) The Imperial Chancellor shall be the second in command under the King; the Commander-in-Chief of the army and navy and other armed forces of the Kingdom.
(e) The Imperial Chancellor shall recommend the commission all military officers of the Kingdom to the King.
(f) The Imperial Chancellor may receive compensation for their services in an amount to be determined by referendum of the people.
Section 3. Foreign matters
The Imperial Chancellor shall have the power and duty of logistical administration of consulate and embassy offices abroad, as well as the managing of difficulties encountered by Volletnian citizens abroad.
Section 4. The Imperial Chancellor shall communicate to the Parliament.
He shall recommend to their consideration such measures as he shall judge necessary and expedient; he shall take care that the laws be faithfully executed.
Section 5. All civil offices Forfeited for Certain crimes.
The Imperial Chancellor and all civil officers of the Kingdom shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes or misdemeanors. The King may not be impeached.
Section 6. Oath of office
Before the elected Imperial Chancellor enters on the Execution of his Office, he shall take the following Oath:-- I do solemnly swear that I will well and faithfully execute the duties of the office of Imperial Chancellor, and will to the best of my Ability, preserve, protect and defend the King and the Constitution of the People of the Kingdom of Volletnia."
Article IV. Judiciary.
Section 1. Judicial Powers.
(a) The judicial power of the Kingdom of Volletnia shall be vested in the Grand Council and in such Grand Juries as the People shall see fit to establish. The Justices of the Grand Council shall be five in number. One shall be elected by the people, one shall be selected by the Parliament, and the remaining three shall be chosen by the King. Justices shall serve for 3 years. The manner of electing Justices of the Grand Council shall be selected at large in the same fashion as for the Parliament. The Justices shall select from their membership a Supreme Justice as Speaker and leader of the Grand Council.
(b) There shall be one Judge elected to each Grand Jury to serve a term of two years. The right to sentence is reserved to the Jury. The members of each Grand Jury established by the People shall be determined by the Judge
of said Jury drawing at random the names of twelve citizens.
(c) All judicial offices shall be non-partisan. No political party or party central committee may endorse, support, or oppose a candidate for judicial office.
Section 2. Judicial power; extent; original jurisdiction of Grand Council.
(a) The Judicial Power of the Grand Council shall extend to all cases in law and equity arising under this Constitution, the laws of the Kingdom, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls, and to all cases of admiralty and maritime jurisdiction.
(b) The Grand Council shall review every law originating from the Parliament to ensure that the law does not violate the constitution or violate the rights of Volletnian citizens. The Grand Council may declare a law unconstitutional, null, and void by a simple majority.
(b) In all cases affecting the King, ambassadors, other public ministers and consuls, and cases to which the Kingdom is a party, the Grand Council shall be the court of original jurisdiction. In all other cases, The Grand Council shall have appellate jurisdiction.
(c) The trial of all crimes, except in cases of impeachment shall be by Grand Jury.
Section 3. Treason defined; proof of; punishment.
(a) Treason against the Kingdom of Volletnia shall consist only in levying war against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the overt act or on confession in open court.
(b) The Parliament shall have the power to declare the punishment of treason.
Article V. The Electory Council
The Electory council is responsible for holding elections and ensuring the accuracy and fairness of the tallying process.
(a) The Electory Council shall consist of a panel composed of 3 members. One member is the Supreme Justice of the Grand Council, one is elected by the People, and one is appointed by the King.
(b) The elected member of the Electory Council shall serve for a period of two years.
(c) No member of the Electory Council shall have any affiliation, fund raise for or consort with officials of any political party. In order to accept a seat on the Electory Council, any prospective member must renounce any political affiliation and disavow by oath and in writing said affiliation under penalty of removal from the Electory Council and any other seat held in the Royal Government.
(d) In the election of the first Parliament, the Electory Council shall consist of the Imperial Chancellor, an appointee by the King, and an individual elected by the public.
Article VI. Voting, Initiative, Referendum, and Recall
The Parliament shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.
Section 3. Initiative, how called.
(a) The initiative is the right of the People to propose statutes and amendments to the Constitution and to adopt or reject them.
(b) An initiative measure may be proposed by presenting to the Electory Board a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by electors equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the votes for all candidates for Imperial Chancellor at the last election.
(c) The Electory Board shall then submit the measure at the next general election held at least 61 days after it qualifies or at any special election held prior to that general election. The King may call a special election for the measure.
(d) An initiative measure embracing more than one subject may not be submitted to the People or have any effect.
(a) An initiative statute or amendment approved by a majority of votes thereon is submitted to the Imperial Chancellor where if it is signed by the Imperial Chancellor, it becomes effective immediately. If it is not signed by the Imperial Chancellor, it is voted upon by the Parliament as a bill, subject to veto by the King.
(b) If provisions of 2 or more measures approved at the same election conflict, those of the measure receiving the greatest number of affirmative votes shall prevail.
(c) The statute may be approved by majority of the Grand Council if the measure or law is challenged in legal proceedings.
(d) Prior to circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Electory Board who shall prepare a title and summary of the measure as provided by law.
(e) The Parliament shall provide the manner in which petitions shall be circulated, presented, and certified, and measures submitted to the People.
No amendment to the Constitution, and no statute proposed to the People by the Parliament or by initiative, that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, may be submitted to the People or have any effect. No bill of attainder may be passed.
Section 7. Recall; how determined; petitions.
(a) Recall of any elected or appointed civil officer is initiated by delivering to the Electory Board a petition alleging reason for recall. Sufficiency of reason is not reviewable. Proponents have 30 days to file signed petitions.
(b) A petition to recall an officer must be signed by eligible voters equal in number to 15 percent of the votes cast in the election for said officer. In the case of a recall of a Laandesduc of a Laande, a petition to recall must be signed by eligible voters equal in number to 35 percent of the total registered eligible voters of the Laande.
(c) The Electory Board shall maintain a continuous count of the signatures certified to that office.
Section 8. Recall Elections.
(a) An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the King and held not less than 30 days nor more than 45 days from the date of certification of sufficient signatures.
(b) A recall election may be conducted within 90 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next general election.
(c) If there is a majority vote of three fourths on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer may not be a candidate.
Section 9. The parliament shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election.
Article VII. Sovereign Territory and Annexation
The acquisition of sovereign territory being necessary for the establishment of Volletnia, the King shall have the authority to raise and appropriate funds for the acquisition of territory and other establishment expenses. All funds raised shall be on a voluntary basis. Once territory is acquired, any land initially owned by the Volletnian government is to be sold into private hands, with the proceeds to be allocated by the King.
Article VIII. Constitution; how amended.
(a) The King may propose amendments to the constitution which shall then be included as part of this Constitution on the ratification of such amendment by one half of the People, occurring at least sixty but not more than one hundred twenty days after its proposal.
(a) The Parliament, whenever two-thirds of the members then seated shall deem it necessary, may propose amendments to this Constitution which shall then be included as part of this Constitution on approval by the King, occurring at least sixty but not more than one hundred eighty days after its passage by the Parliament. If the King does not approve of the amendment, the amendment may be included upon the ratification of the amendment by four fifths of the people, occurring at least sixty but not more than one hundred twenty days after its passage by the Parliament.
(b) No amendments to this article shall be passed, unless proposed by the King. No amendment shall be passed which restricts the rights of the people as outlined in this constitution. Unless proposed by the King, no amendments to Article II.
All amendments must be approved by four fifths of the members of the Grand Council to ensure that they adhere to this article and do not violate the rights of the people.
Section 4 of The Bill of Rights is hereby amended to not infringe on the rights of the people of Volletnia to purchase fire arms, but are hereby limited to two fire arms per household; One for protection of that household and one for hunting. Before puchase can be completed a back ground check will be completed by law enforcement to help ensure the safety of Volletnian citizens. Household fire arms shall not be automatic or modified in any way, with a maximum magazine capacity of 10 rounds of ammunition. The household protection weapon must remain on the premises of the registered owner.
The right to purchase and use of a hunting rifle shall not be infringed. A background check must be passed by law enforcement to help guarantee the safety of Volletnian citizens. Hunting rifles shall not be automatic or modified in any way or have a magazine that holds more than ten rounds of ammunition. The hunting rifle can be transported in the trunk of an automobile or in the bed of a truck. While in transit, the rifle must be empty of ammunition and no magazine is to be attached to the weapon. The ammunition must be stored in a separate container and that container must not stored in the part of the vehicle containing the weapon.
All gun owners must be at least 18 years of age and have completed a gun safety course, passed a written and user test. Once the owner has passed these tests, they may apply for a license to own their weapon. Once fees are paid and license is granted, the owner shall be free to use their weapon for it's specified purpose. The license shall expire every four years and the owner will be retested and must pass retest in order to renew fire arm license.