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title: State of Englewood Constitution

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# State of Englewood Constitution

> 	We the people of the State of Englewood uphold the right to a democratic form of government, and to a fair trial. Our government is formed by the people, for the people and will be treated as such. The great constitution of the State of Englewood shall be the highest governing document of the land, no other documents may surpass the importance of this document. No other forms of government in the State of Englewood may go against this governing document. 

## Article 1 - Legislative Branch

### Section 1 - Establishment

The legislative branch of the great State of Englewood will consist of only one chamber. The chamber of legislation in the State of Englewood is the Senate of the State of Englewood. The Englewood State Senate will be led by the Lieutenant Governor and the President Pro-Tempore. The President Pro-Tempore shall be voted on by the Englewood State Senate assembled by a vote of 2/3rd of total senators. The President Pro-Tempore shall have the sole power to present articles of impeachment against a state official. The quorum of the Englewood State Senate is 4. The max number of seats is 8. Nominations, Bills and Resolutions can be approved with a majority vote from all present senators unless otherwise stated in the constitution or law.

### Section 2 - Legislative Terms

The term of a legislative official is limited to 4 months, with the ability to serve an unlimited amount of terms. Elections should be hosted by the State of Englewood Elections Authority. If a legislative official resigns, an emergency election shall be held to fill the vacancy. In the case an election cannot be hosted, Senators may be appointed by the Governor of the State of Englewood. 

### Section 3 - Restrictions

No Senator shall hold the office of the Governor, Lieutenant Governor, Colonel, Chief of Police, Major General, or Attorney General, while also serving in the Senate. This section does not, however, restrict them from running for any office and resigning for their seat in the Senate.


### Section 4 - Governor's Veto & Overturn Veto

All legislative proceedings must be done with the ability of the public to view said proceedings. In order for a bill or nomination to pass the Senate, it must receive a majority of the vote. The Governor of the State of Englewood shall have the sole right to veto a bill. Vetos can be overturned by a 2/3rd majority vote of those senators present. 

### Section 5 - President Pro-Tempore

The Lieutenant Governor of the great State of Englewood has the sole ability to nominate a President Pro-Tempore. If the position of President Pro-Tempore is vacant for longer than 72 hours, the position will be given to the Senator of highest seniority. During the 72 hours of vacancy, the Lieutenant Governor shall take the duties of President Pro-Tempore. The President Pro-Tempore shall have the ability to be removed through a resolution, by a vote of 2/3rd of all senators.

### Section 6 - Sessions

The Senate shall convene in a regular session at least once every two weeks, as prescribed by the Lieutenant Governor or the President Pro-Tempore. The Senate may prescribe other regular sessions as part of their rules of order or by Law. Regular sessions must have at minimum of a 72 hour notice. 

### Section 7 - Emergancy Sessions

The Governor shall have the authority to call a emergancy session. The emergancy sessions must have 48 hour notice, unless, it is a matter dealing with the security of the government or state. Emergancy sessions cannot be used to pass amendments, bills, or nominations, unless the nomination deals with national security. 

#### NOTICE - DECLERATION OF WARS

*It shall be noted that Declerations of War are only authorized to be requested by the Founder dylvxan OR TacticalBlue66*

### Section 8 - Rules

The Lieutenant Governor shall author the Standing Rules of the State Legislature, which shall be subject to 3/4th vote of the entire senate following each regular election. The Senate, with 3/4th vote, may make amendments or recall the Standing Rules, in which the process shall begin anew. The Senate is authorized to hire a Clerk of the Senate with a vote of 2/3rd, and can remove the Clerk with a vote of 2/3rds.

### Section 9 - Impeachment

The Governor, Lieutenant Governor, members of the Cabinet, Chief Justice, Chief Judge, Justices of the Supreme Court and Judges of the District Court shall be subject to impeachment. Impeachment shall originate in the Senate and must be approved by a majority vote of all present members. The trial should be conducted with the full senate, with the Chief Justice presiding. If the Chief Justice is being impeached, then the Attorney General shall preside over the hearing. To be removed from office they must get a 3/4 vote of all members. Following impeachment, with a 2/3rd vote, the senate can bar a member from office for a length of one month. 

### Section 10 - Expulsion

Senators may present reloutions to expel senators, in that case the Senate will vote on the expulsion.

### Section 11 - Capitol Police Department

The Capitol Police shall be apart of the Senate Leadership, but should not have the authority to vote in any session or be on committiees.

The Capitol Police shall be lead by the Capitol Police Chief, who is appointd by the President Pro-Tempore and approved by the senate with a 2/3rd majority vote. 

The Senate shall have the authority to remove the Capitol Police Chief with a 2/3rd majority vote. 

#### Section 11.1.0 - Vacancy

In the event that the Capitol Police Chief position is vacant, the deputy chief of police, or other most senior official, shall assume the position until the senate can pick a new chief. 

#### Section 11.2.0 - Duties

The Capitol Police shall have the authority to remove any citizen, not government official, from the Capitol Complex. 

The Capitol Police shall be responsible for the protection of the Capitol Complex, including, dignitary protection and facility protection. 

The Capitol Police shall be allowed to employ a group of security guards, who shall not be required to have a POTA certification.

## Article 2 - Executive Branch

### Section 1 - Establishment

The Governor of the State of Englewood and Lieutenant Governor of the State of Englewood shall be voted on by the people. The term of the Governor and Lieutenant Governor shall be 4 months. The Governor of the State of Englewood can serve a maximum of 2 terms. The Governor and Lieutenant Governor shall be sworn in 72 hours after the conclusion of an election by a justice of the Supreme Court. If their are no Justices of the Supreme Court available, the Founder and/or CoFounder can give the oath.

### Section 2 - Lieutenant Governor

The Lieutenant Governor is the head of the State of Englewood Senate. The Lieutenant Governor is not granted powers of impeachment, unless agreed upon by the President Pro-Tempore.

### Section 3 - Oaths of Office

All government officials, including Cabinet members, Justices, Judges, Governors and Lieutenant Governors, are to take an oath before entering an office. The oath of the great State of Englewood shall be defined as: “I, (username), do solemnly swear to uphold the constitution of the great State of Englewood and shall defend it. I will execute my duties with the opinion of the people in mind.” No government official may begin their duties until an oath has been given to them and recited by them.

### Section 4 - Executive Orders

The Governor of the great State of Englewood shall be granted the ability to write and remove executive orders. The Englewood State Senate shall be granted the ability to nullify an executive order if voted on by a majority. Executive Orders cannot overrule any law that has been passed by the Englewood State Senate.

### Section 5 - State of Emergancy

The Governor of the great State of Englewood shall be the Commander in Chief of the Englewood National Guard. The Governor has the sole ability to declare a state of emergency, for up to 48 hours, and to deploy the Englewood National Guard. The Senate with a 2/3rd vote can remove the state of emergancy. 

### Section 6 - Lieutenant Governor	

If the Lieutenant Governor of the great State of Englewood is removed from office, or resigns, the President Pro-Tempore shall become the interm Lieutenant Governor until a special election can be held. 

### Section 7 - Cabinets

The Governor of the great State of Englewood has the sole ability to nominate individuals to their cabinet. The nominations shall be voted on by the State of Englewood senate and passed by a majority vote. The Governor has the sole ability to remove Cabinet members without congressional approval. If members of the Senate feel a Cabinet removal is unjust, they may challenge the act, through a resolution, with a 2/3rd majority vote.

The Governor should have the authority to order departments to do things, and to follow all directives. The Governor or his Lieutenant is not authorized to remove a member within a department, besides members who serve on his Cabinet.

### Section 8 - Line of Succession

The line of succession to Governor, if the Governor is impeached or resigns from office:

The Lieutenant Governor of the State of Englewood
The President Pro-Tempore of the State of Englewood
The Attorney General of the State of Englewood
The Major General of the Englewood National Guard
The Colonel of the Englewood State Police
The Secretary of Homeland Security

## Article 3 - Judicial Branch

### Section 1 - Establishment

There shall be 2 forms of court in the great State of Englewood, these courts shall be defined as the District and Supreme courts. The District Court shall have 8 seats on the bench, including a Chief Judge who is appointed by the Governor and confirmed by the State Senate. The District Court shall be the first place a case shall be filed, it is up to the District Court judge to move a case up to the Supreme Court. The Supreme Court is the highest court of the land and shall consist of 6 justices, including the Chief Court Justice.

### Section 2 - Nominations

The Governor of the great State of Englewood shall be given the sole ability to nominate judges to the district court, and nominate justices to the supreme court. A Chief Court Justice shall be nominated separately from the other justices and voted on separately by the Englewood State Senate. Nominations shall go to the Englewood State Senate and be voted on by the Senate with a majority vote of those senators present. A District Court Judge, and Supreme Court Justices, including the Chief Judge and Judges, are nominated for a lifetime, unless they resign or are removed from office.

### Section 3 - Warrants & Subpoena

The District Court of the State of Englewood has the sole ability to place warrants on individuals. Warrants may only be issued if an individual has committed a crime and has not yet been arrested for it. The Supreme Court of the State of Englewood has the ability to revoke a warrant with a majority vote. Both the Supreme and District court of the State of Englewood have the ability to issue a subpoena to any department or person if they are relevant to an investigation or court case. All individuals involved in a court case must be placed under oath with the following oath: “I solemnly swear that I will tell the truth, the whole truth, and nothing but the truth under pains of perjury.”

### Section 4 - Disipline

The Supreme Court shall have, with a majority vote, the right to discipline any Judge in the Supreme Court and its inferiors as it sees fit, by suspension from the bench for an indefinite number of days, until the Judge is Impeached.

### Section 5 - Nullification

Judicial nullification shall be recognized by the State, and exercised in all Courts with proper jurisdiction.

## Article 4 - Local Government

The state shall be divided by law into counties. Counties may be created, abolished or changed by law, by the Englewood State Senate.

### Section 1 - Establishment

The great State of Englewood shall be divided into three levels of government. The three levels of government in the State of Englewood shall be defined as the State government, County governments, and Municipal governments. County governments are county governments shall be governed by the County Charter. The County Charter is the law of the county, but must not go against the Constitution. Municipal governments are city governments that shall be governed after the construction of a City Charter. The City Charter is the law of the city, but must not go against the Constitution or the County Charter. 

The County Charter must be approved by the Englewood State Senate with a 2/3rd vote of those present. The City Charter must be approved by the Englewood County Board, which is the legislative branch of the County government, with a 2/3rd majority vote of those present.

### Section 2 - County governments

The county government in the great State of Englewood shall be run by an individual entitled “County Executive.” The county executive is the sole leader of a county form of government and shall conduct their duties through a County Board. The positions and function of the County Board shall be defined in their county charter.

### Section 3 - Local governments

The municipal governments in the great State of Englewood shall be run by an individual entitled “Mayor.” The mayor is the sole leader of a municipal form of government and shall conduct their duties through a city council. The positions and function of the city council shall be defined in their city’s charter.

### Section 4 - Abolishment

The Englewood Administration shall have the right to abolish the local government. In the event that this happens the following is true;

The Governor shall hold the positions of Mayor and County Executive.

The Senate shall hold the positions of County Board and City Council and/or Commission.

## Article 5 - The Department of Justice

### Section 1 - Executive

The Attorney General is the head of the Englewood Department of Justice.

The Attorney General and his subordinates shall have the power to open an independent investigation on any agency or persons if they believe a crime has been committed.

The Attorney General should have the authority to designate or give his authority to any of his subordinates, or establish divisions to take over some of his duties.

### Section 2 - Elections

The Attorney General shall be elected at a term of 4 months during the general governor elections. In the event that their is a vacancy, the most senior employee in the justice department shall assume the position of acting Attorney General until a election can happen.

The Deputy Attorney General shall be appointed by the Attorney General and should be considered second in command.

### Section 3 - Solicitor General

The Solicitor General shall represent the Government in the Supreme Court. The Solicitor Geneal shall be considered the third in command for the department.

### Section 4 - Authority

The Attorney General of the State of Englewood shall be defined as the chief law enforcement officer of the land. The office of the Attorney General may create positions in their department that they see necessary to complete their duties. 

The Governor, Lieutenant Governor, other heads of government departments, and individual members of the Senate may, in writing, request the opinion of the Attorney General on matters of law.

The Attorney General shall have the authority to issue directives, which departments shall be forced to follows. They Attorney General shall also have the authority to overturn Internal Affairs actions, and should have the authority to audit government departments.

Government departments can be applied to all three levels of government.

## Article 6 - Englewood State Police

### Section 1 - Establishment

The Englewood State Police shall be led by the Colonel, who is a member of the Governors Cabinet. The Colonel, shall be nominated by the Governor and then confirmed by the Senate.

## Article 7 - Englewood National Guard

### Section 1 - Establishment

The Governor shall be considered the Commander-in-Chief, and shall have complete authority over the Mayflower National Guard.

The Englewood National Guard shall be led by the Major General, who is a member of the Governors Cabinet. The Major General, shall be nominated by the Governor and then confirmed by the Senate.

## Article 8 - Englewood Department of Homeland Security

### Section 1 - Establishment

The Englewood Department of Homeland Security shall be led by the Secretary, who is a member of the Governors Cabinet. The Secretary, shall be nominated by the Governor and then confirmed by the Senate.

## Article 9 - Englewood Park Service

### Section 1 - Establishment

The Englewood Park Service shall be led by the Secretary, who is a member of the Governors Cabinet. The Secretary, shall be nominated by the Governor and then confirmed by the Senate.

## Article 10 - Englewood Department of Corrections

### Section 1 - Establishment

The Englewood Department of Corrections shall be led by the Commissioner, who is a member of the Governors Cabinet. The Commissioner, shall be nominated by the Governor and then confirmed by the Senate.

## Article 11 - Englewood Police Officer Training Academy

### Section 1 - Establishment

The Englewood Police Officer Training Academy shall be led by the Director, who is a member of the Governors Cabinet. The Director, shall be nominated by the Governor and then confirmed by the Senate.

### Section 2 - LEA

All Law Enforcement Agencies inside the State of Englewood, shall be certified through the Police Officer Standard Training Institute. 

POTA should have the authority to revoke, blacklist, and suspend certifications as regulated by the legislature.

POTA should not revoke, blacklist, or otherwise suspend a current employee in a department without department authorization OR off duty infractions.
- Officers who commit misconduct on team, are only allowed to be suspended or revoked, if the Department of Justice pursues legal action. 

## Article 12 - Englewood Election Authority

### Section 1 - Establishment

The Englewood Election Authority shall be run by the State Administration. 

### Section 2 - Notification

The Governor, Lieutenant Govenor, Mayor and/or County Executive must notify the State Administration to begin a election.

### Section 3 - Rules

The EEA shall have the authority to establish election rules, and must follow the following restrictions.

Their shall be a period of 72 hours to register for a election.
Their shall be a period of 72 hours for campaigning.
Their shall then be a period of 24 hours for voting.

The EEA shall have the authority to extend, but not shorten, any of these restrictions.

## Article 13 - Administrative Authority

### Section 1 - Establishment

The Administrative Authority is the State Administration, who is responsible for ensuring the government is running smoothly. The following restrictions should be in place;

- Any level of government, is allowed to pass laws, amendments, resolutions and other action. For these to be considered active, they must be placed on the Admin Authority Central Database which is established by the Administrative Authority.
- In the event that theings are not on the Cental Database, then they shall have no force of law. 
- Nominees shall not be considered in their positions, until, the state administration accepts and ranks them into their group that they run. 

## Article 14 - General Provisions

### Section 1 - Ratification

No new Constitution shall supersede this Constitution without three-fourths of the Legislature, two-thirds of the Supreme Court, and a two-thirds vote by the People in a referendum.

### Section 2 - Amendments

The Senate, with a 2/3rd vote, shall propose amendments to this Constitution with the PDF format and then seek the approval of a majority of the Supreme Court. All approved amendments must be ratified by the People, in a majority vote.

### Section 3 - Signatues

TacticalBlue66,
Founder

Dylvxan,
Founder

PineEvent
Interm Governor of the State of Englewood, March 2021
