# CONSTITUTION OF THE STATE OF SILVERPORT ### FEBRUARY, 6th, 2021 ⸻⸻⸻⸻⸻⸻⸻⸻⸻⸻⸻ ### PREAMBLE We, the people of the state of Silverport, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare do establish this Constitution. --- ## ARTICLE I: DECLARATION OF RIGHTS ### Section 1: INALIENABLE RIGHTS OF MAN All men & women are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety. ### Section 2: POLITICAL POWER INHERENT IN THE PEOPLE All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform or abolish the same whenever they may deem it necessary; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the legislature. ### Section 3: STATE INSEPARABLE PART OF UNION. The state of Silverport is an inseparable part of the American Union, but no laws of the American Union shall be enforced within or by the State, unless such laws have been codified by the Legislature or temporarily codified by group administration. ### Section 4: GUARANTY OF RELIGIOUS LIBERTY The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, or excuse acts of licentiousness or justify polygamous or other pernicious practices, inconsistent with morality or the peace or safety of the state; nor to permit any person, organization, or association to directly or indirectly aid or abet, counsel or advise any person to commit the crime of bigamy or polygamy, or any other crime. No person shall be required to attend or support any ministry or place of worship, religious sect or denomination, or pay tithes against his consent; nor shall any preference be given by law to any religious denomination or mode of worship. Bigamy and polygamy are forever prohibited in the state, and the legislature shall provide by law for the punishment of such crimes. ### Section 5: RIGHT OF HABEAS CORPUS The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be prescribed by law. ### Section 6: CRUEL AND UNUSUAL PUNISHMENTS PROHIBITED Excessive fines imposed shall not be required, nor cruel and unusual punishments inflicted. ### Section 7: RIGHT TO TRIAL BY JURY The right of trial by jury shall remain inviolate; but in civil actions, three-fourths of the jury may render a verdict, and the legislature may provide that in all cases of misdemeanors five-sixths of the jury may render a verdict. A trial by jury may be waived in all criminal cases, by the consent of all parties, expressed in open court, and in civil actions by the consent of the parties, signified in such manner as may be prescribed by law. In civil actions the jury may consist of twelve or of any number less than twelve upon which the parties may agree in open court. Provided, that in cases of misdemeanor and in civil actions within the jurisdiction of any court inferior to the district court, whether such case or action be tried in such inferior court or in district court, the jury shall consist of not more than six. ### Section 8: PROSECUTION ONLY BY INDICTMENT OR INFORMATION No person shall be held to answer for any felony offense of any grade, unless on presentment or indictment of a grand jury or on information of the public prosecutor, after a commitment by a magistrate, except in cases of impeachment, in cases cognizable by probate courts or by justices of the peace, and in cases arising in the militia when in actual service in time of war or public danger; provided, that a grand jury may be summoned upon the order of the district court in the manner provided by law, and provided further, that after a charge has been ignored by a grand jury, no person shall be held to answer, or for trial therefor, upon information of public prosecutor. ### Section 9: FREEDOM OF SPEECH very person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty. ### Section 10: RIGHT TO ASSEMBLE The people shall have the right to assemble in a peaceable manner, to consult for their common good; to instruct their representatives, and to petition the legislature for the redress of grievances. ### Section 11: RIGHT TO KEEP AND BEAR ARMS The people have the right to keep and bear arms, which right shall not be abridged, no person shall have the right to carry a weapon on government property which shall be dictated by legislation; but o govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure or registration on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony. ### Section 12: MILITARY SUBORDINATE TO CIVIL POWER The military shall be subordinate to the civil power; and no soldier in time of peace shall be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law. The military shall not mock deployments. ### Section 13: GUARANTIES IN CRIMINAL ACTIONS AND DUE PROCESS OF LAW In all criminal prosecutions, the party accused shall have the right to a speedy and public trial; to have the process of the court to compel the attendance of witnesses in his behalf, and to appear and defend in person and with counsel. No person shall be twice put in jeopardy for the same offense; nor 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. ### Section 14: RIGHT OF EMINENT DOMAIN Private property may be taken for public use, but not until a just compensation, to be ascertained in the manner prescribed by law, shall be paid therefor. ### Section 15: IMPRISONMENT FOR DEBT PROHIBITED There shall be no imprisonment for debt in this state. ### Section 16: BILLS OF ATTAINDER PROHIBITED No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed. ### Section 17: UNREASONABLE SEARCHES AND SEIZURES PROHIBITED 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 warrant shall issue without probable cause shown by affidavit, particularly describing the place to be searched and the person or thing to be seized. There shall be no stop, question, and frisk. ### Section 18: FREE JUSTICE AND SPEEDILY ADMINISTERED Courts of justice shall be open to every person, and a speedy remedy afforded for every injury of person, property or character, and right and justice shall be administered without sale, denial, delay, or prejudice. ### Section 19: RIGHT OF SUFFRAGE GUARANTEED No power, civil or military, shall at any time interfere with or prevent the free and lawful exercise of the right of suffrage. ### Section 20: RESERVED RIGHTS NOT IMPAIRED This enumeration of rights shall not be construed to impair or deny other rights retained by the people. --- ## ARTICLE II: DISTRIBUTION OF POWERS ### Section 1: DEPARTMENTS OF GOVERNMENT The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted. ## ARTICLE III: LEGISLATIVE BOUGH ### Section 1: LEGISLATIVE POWER The legislative power of the state shall be vested in a state senate. The enacting clause of every bill shall be as follows: "Be it enacted by the Legislature of the State of Silverport." The people reserve to themselves the power to approve or reject at the polls any act or measure passed by the legislature. This power is known as the referendum, and legal voters may, under such conditions and in such manner as may be provided by acts of the legislature, demand a referendum vote on any act or measure passed by the legislature and cause the same to be submitted to a vote of the people for their approval or rejection. The people reserve to themselves the power to propose laws, and enact the same at the polls independent of the legislature. This power is known as the initiative, and legal voters may, under such conditions and in such manner as may be provided by acts of the legislature, initiate any desired legislation and cause the same to be submitted to the vote of the people at a general election for their approval or rejection. ### Section 2: MEMBERSHIP OF LEGISLATURE The state senate shall consist of not less than six nor more than eleven members. The senators shall be chosen by the qualified electors of the state. ### Section 3: OFFICE TERM The senators shall be elected for the term of four months, from and after the first sunday of themonth of which they are elected. Four months shall be equivalent to 124 days. ### Section 4: QUALIFICATIONS OF OFFICE No person shall be a senator who, at the time of his election, is not a resident of the State, has a criminal record of any type, nor anyone who has not been a resident & citizen of this state one month next preceding his election an elector of the state. No person may hold an appointive or elected position within the Judicial or executive boughs at the time of his election. ### Section 5: PRIVILEGE FROM ARREST Senators in all cases, except for treason, felony, or breach of the peace, shall be privileged from arrest during the session of the legislature, and in going to and returning from the same, and shall not be liable to any civil process during the session of the legislature, nor during the ten minutes before the commencement thereof; nor shall a member, for words uttered in debate in the house, be questioned in any other place. ### Section 6: SESSIONS OF LEGISLATURE The sessions of the legislature shall be held weekly at the capital of the state, commencing no earlier than the fifthteen hour each day, and at other times when convened by the governor. ### Section 7: POWERS OF THE SENATE The senate when assembled shall choose its own officers; judge of the election, qualifications and returns of its own members, determine its own rules of proceeding, and sit upon its own adjournments; but the senate shall not, without the concurrence of supermajority of the senate with advice and conset of the governor, adjourn for more than seven days, nor to any other place than that in which it may be sitting unless a threat is intimate. The senate shall, with 2/3 supermajority, have the right to hold one in contempt for disturbance during a session. ### Section 8: QUORUM, ADJOURNMENTS AND ORGANIZATION A majority of the senate shall constitute a quorum to do business; but a smaller number may adjourn from hour to hour, and may compel the attendance of absent members in such manner and under such penalties as the senate may provide. A quorum being in attendance, if the senate fail to effect an organization within the first fourteen minutes thereafter, the senate shall be forcefully adjourned. ### Section 9: EXPULSION OF MEMBERS The senate may, for good cause shown, with the concurrence of two-thirds of all the members, expel a member. ### Section 10: PROHIBITION OF SECRET SESSIONS The business of the senate, and of the committee of the whole shall be transacted openly and not in secret session. ### Section 11: JOURNAL The senate shall keep a journal of its proceedings; and the yeas and nays of the members of either house on any question shall at the request of any three members present, be entered on the journal. There shall be no abstaining on nominations & amendments. ### Section 12: ORIGIN AND AMENDMENT OF BILLS Bills must originate in its appropriate committee, but may be amended or rejected on the senate floor. The senate shall have the right to temporally strike this section for a bill to go directly to the floor. ### Section 13: MANAGEMENT OF BILL PASSAGE No law shall be passed except by bill, nor shall any bill be put upon its final passage until the same, with the amendments thereto, shall have been given for the use of the members; nor shall any bill become a law unless the same shall have been read once in committee and once on the senate floor: provided, in case of urgency, two-thirds of the senate where such bill may be pending may, upon a vote of the yeas and nays, dispense with this provision. On the final passage of all bills, they shall be read at length, section by section, and the vote shall be by yeas and nays upon each bill separately, and shall be entered upon the journal; and no bill shall become a law without the concurrence of a majority of the members present. ### Section 14: ONE SUBJECT Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be embraced in the title. ### Section 15: AVOIDING TECHNICAL TERMS Every act or resolution shall be plainly worded, avoiding as far as practicable the use of technical terms. ### Section 16: FULL TEXT No act shall be revised or amended by mere reference to its title, but the section as amended shall be set forth and published at full length. ### Section 17: SIGNATURE OF BILLS AND RESOLUTIONS All bills and resolutions passed shall be signed by the president of the senate and forwarded to the governor. ### Section 18: TAKING EFFECT No act shall take effect until six hours from the time of the governor's signature, except in case of emergency, which emergency shall be declared in the preamble or in the body of the law. ### Section 19: REPRESENTING THE PEOPLE The first concern of all good government is the virtue and sobriety of the people, and the purity of the home. The legislature should further all wise and well directed efforts for the promotion of temperance and morality. ### Section 20: LEGISLATURE OATH The members of the legislature shall, before they enter upon the duties of their respective offices, take or subscribe the following oath or affirmation: "I, [NAME], do solemnly swear that I will support the constitution of the United States and the constitution of the state of Silverport, and that I will faithfully discharge the duties of the senate according to the best of my ability." And such oath may be administered by the Governor, Secretary of State, or justice of the Supreme Court, or the President of the Senate. ### Section 21: CONTINGENCY PLAN The legislature, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack or in periods of emergency resulting from the imminent threat of such disasters, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for so insuring the continuity of governmental operations. In the exercise of the powers hereby conferred, the legislature shall in all respects conform to the requirements of this constitution except to the extent that in the judgment of the legislature so to do would be impracticable or would admit of undue delay. ### Section 22: LEGISLATURE ADMIN REVIEW The legislature may review any administrative rule to ensure it is consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement or enforce. After that review, the legislature may approve or reject, in whole or in part, any rule as provided by law. Legislative approval or rejection of a rule is not subject to gubernatorial veto. ### Section 23: PRESIDENT OF THE SENATE The senate shall appoint, with a super-majority of its members, a member of its body the President of the Senate, whom shall be the presiding officer of the chamber. --- # Article IV: EXECUTIVE BOUGH ### Section 1: EXECUTIVE OFFICERS The executive bough shall consist of a governor, an attorney general, and a secretary of state each of whom shall hold his office for five months beginning on the first sunday after his election, except as otherwise provided in this Constitution. The officers of the executive bough shall, during their terms of office, reside within the state. Their official office shall be located in the county where the seat of government is located, there they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law. Five months shall be equivalent to 155 days. ### Section 2: ELECTION OF OFFICE The officers named in section 1 of this article shall be elected by the qualified electors of the state at the time and places of voting for members of the legislature, and the persons, respectively, having the highest number of votes for the office voted for shall be elected; but if two or more shall have an equal and the highest whole precentage of votes for any one of said offices, the senate at its next regular session, shall forthwith, by ballot, elect one of such persons for said office. The returns of election for the officers named in section 1 shall be made in such manner as may be prescribed by law, and all contested elections of the same, other than provided for in this section, shall be determined as may be prescribed by law. ### Section 3: QUALIFICATIONS OF OFFICE No person shall be eligible to the office of governor unless he shall have attained the roblox account age of six-hundred(600) days at the time of his election; nor to the office of attorney general unless he shall have attained the roblox account age of five-hundred 500 days, and have been admitted to practice in a Court of the state or territories of Silverport, currently be Bar certified, and be in good standing at the time of his election; nor to the office of the secretary of state unless he shall have attained the roblox account age of five-hundred 500 days. In addition to the qualifications above described each of the officers named shall be a citizen of the State and shall have resided within the state or territories three weeks preceding his election. ### Section 4: GOVERNOR'S AUTHORITY OVER THE STATE MILITA The governor shall be commander-in-chief of the military forces of the state. He shall have power to call the militia to execute the laws, to suppress insurrection, or to repel invasion. ### Section 5: GOVERNOR'S SUPREME EXECUTIVE POWER The supreme executive power of the state is vested in the governor, who shall see that the laws are faithfully executed. The supreme executive powers shall be limited to those listed in this constitution and given to him by the laws of the land. ### Section 6: APPOINTMENTS The governor shall nominate and, by and with the consent of the senate, appoint all officers, when vacant, whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. If during the recess of the senate, a vacancy occurs in any state or district office, the governor shall appoint some fit person to discharge the duties thereof until the next meeting of the senate, when he shall nominate some person to fill such office. If the office of a justice of the supreme or district court, attorney general, secretary of state, or any cabinet office shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, as provided by law, and the appointee shall hold his office until his successor shall be selected and qualified in such manner as may be provided by law. ### Section 7: THE POWER TO PARDON Such board as may hereafter be created or provided by legislative enactment shall constitute a board to be known as the board of pardons. Said board, or a majority thereof, shall have power to remit fines and forfeitures, and, only as provided by statute, to grant commutations and pardons after conviction and judgment, either absolutely or upon such conditions as they may impose in all cases of offenses against the state except treason or conviction on impeachment. The legislature shall by law prescribe the sessions of said board and the manner in which application shall be made, and regulated proceedings thereon, but no fine or forfeiture shall be remitted, and no commutation or pardon granted, except by the decision of a majority of said board, after a full hearing in open session, and until previous notice of the time and place of such hearing and the release applied for shall have been given by publication in #executive-announcemnets(or any govenrment annoucnement channel in the main discord) for the general public. The proceedings and decision of the board shall be reduced to writing and with their reasons for their action in each case, and the dissent of any member who may disagree, signed by him, and filed, with all papers used upon the hearing, in the office of the secretary of state. ### Section 8: REPORTS The governor may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices, which information shall be given upon oath whenever so required; he may also require information in writing, at any time under oath, from all offices and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices and institutions, and may, at any time he deems it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or state institution. The governor shall at the commencement of each session, and from time to time, by message, give to the legislature information of the condition of the state, and shall recommend such measures as he shall deem expedient. ### Section 9: SPECIAL SESSIONS The governor may, on extraordinary occasions, convene the legislature by proclamation, stating the purposes for which he has convened it; but when so convened it shall have no power to legislate on any subjects other than those specified in the proclamation; but may provide for the expenses of the session and other matters incidental thereto. He may also, by proclamation, convene the senate in extraordinary session for the transaction of executive business. ### Section 10: POWER TO VETO Every bill passed by the legislature shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his objections to the senate, which the senate shall enter the objections at large upon its journals and proceed to reconsider the bill. If then two-thirds of the members present agree to pass the same, it shall become a law, notwithstanding the objections of the governor. In all such cases the vote of the senate shall be determined by yeas and nays, to be entered on the journal. Any bill which shall not be returned by the governor to the legislature within five days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the legislature shall, by adjournment, prevent its return, in which case it shall be filed, with his objections, in the office of the secretary of state within ten days after such adjournment (Sundays excepted) or become a law. ### Section 11: ACTING GOVERNOR PT. 1 In case of the failure to qualify, the impeachment, or conviction of treason, felony, or other infamous crime of the governor, or his death, removal from office, resignation, absence from the state, or inability to discharge the powers and duties of his office, the powers, duties and emoluments of the office for the residue of the term, or until the disability shall cease, shall devolve upon the president of the senate. ### Section 12: ACTING GOVERNOR PT. 2 In case of the failure to qualify in his office, death, resignation, absence from the state, impeachment, conviction of treason, felony or other infamous crime, or disqualification from any cause, of both the governor and president of the senate, the duties of the governor shall devolve upon the secretary of state, until such disqualification of either the governor or president of the senate be removed, or the vacancy filled; and if the secretary of state, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the attorney general. ### Section 14: SEAL OF THE STATE There shall be a seal of this state, which shall be kept by the secretary of state and used by him officially, and shall be called "The great seal of the state of Silverport." The seal of the state of Silverport, as now used, shall be the seal of the state until otherwise provided by law. ### Section 15: PERMISSIONS & GRANTS All grants and permissions shall be in the name and by the authority of the state of Silverport, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state. ### Section 16: SILVERPORT HIGHWAY PATROL There is hereby created the Silverport highway patrol. The Silverport highway patrol shall, for the purposes of executing the laws state of Silverport, be an executive agency of the state government. The governor, with the advice and consent of the senate, shall appoint a director of the Silverport highway patrol who shall serve at the pleasure of the governor. The director shall receive & obey commands of the governor. The Silverport highway patrol shall be composed of such divisions as may be established by law and other administrative units as may be established by the director for the proper and efficient administration of the powers and duties assigned to the director or the highway patrol. The director shall appoint, subject to the approval of the governor, an administrator for each division within the highway patrol. The director shall exercise all of the powers and duties necessary to carry out the proper administration of the highway patrol, and may delegate duties to employees and officers of the highway patrol. The Silverport highway patrol shall have power to: * Enforce all of the penal and regulatory laws of the state, to preserve order, and exercise any and all powers, duties and authority of any sheriff or other peace officer anywhere in the state of Silverport, in the same manner and with like authority as the sheriffs of the counties; said department may employ from time to time, to carry out any of the provisions of this subsection, such deputies or special deputies as may be deemed, by the governor of the state of Silverport, necessary to carry out these duties and powers, and deputies shall have power to deputize other persons as deputies when necessary; said department may call into the police service of the state any and all peace officers of the state, of any city, or of any county, and may deputize private citizens, when deemed necessary by the governor of the state, to preserve order and enforce law in any extraordinary emergency when the governor shall have declared, by order in writing, the existence of such extraordinary emergency; the governor shall designate by order such peace officers or private persons as are to be called into the service of the state, and when such peace officers or deputized citizens are so called into the police service of the state such officers shall act under the direction of the director of the highway patrol in such manner as may be directed and ordered by the governor; failure on the part of any such peace officer of the state, or person so deputized, to so act and obey such orders shall constitute a misdemeanor; the governor shall fix the compensation of such deputies; * Prevent and detect crime and apprehend criminals and maintain order; * Require all persons using the highways in the state to do so carefully, safely, and with the exercise of care for the persons, property and safety of others; * Safeguard and protect the surface and other physical portions of the state highways and enforce any laws for highway safety; * Enforce Silverport statutes and rules of the Silverport highway patrol applicable to motor carriers; * Enforce all of the laws of the state enacted for the identification, inspection and transportation & to prevent the theft of transportation; * egulate traffic on all highways and roads in the state, including the authority to temporarily close or restrict the use of any highway or road whenever the closure or restriction of the use is deemed necessary for the safety of the public; * Perform all of the duties and exercise all of the powers of peace officers vested in the director of the Silverport highway patrol; * Execute and serve any warrant of arrest or search warrant issued by proper authority of the state, according to state's constitution; * Arrest without warrant, any person committing or attempting to commit in their presence or view a breach of the peace or any other violation of any of the laws of the state; * Members of the Silverport highway patrol shall be subject to the call of the governor and are empowered to cooperate with any other department or authority of the state, with counties and municipalities, or any locality in detecting crime, apprehending criminals and preserving law and order throughout the state; but the Silverport highway patrol shall not be used as a posse in any municipality, except when ordered by the governor to do so; provided nothing herein contained shall be construed to vest direction or control over any sheriff, policeman, marshal or constable in the Silverport highway patrol or any employer or officer thereof; * Each member of the Silverport highway patrol shall take and subscribe to an oath of office to support the constitution and laws the state of Silverort, and to honestly and faithfully perform the duties imposed upon him under the provisions of the laws of Silverport as a member of the Silverport highway patrol. The oath shall be filed with the director; and * Enter into contractual agreements to stay within the department for at least one(1) month within the Silverport highway patrol & to not disclose any information deemed classified by the Director of the Silverport highway patrol or the Governor. The director shall provide security and protection for the governor, the president of the senate, the attorney general, the secretary of state, members of the cabinet, and the governor’s immediate executive staff such as his Chief of Staff to the extent and in the manner the governor and the director deem adequate and appropriate. At the written direction of the governor or the director, the director shall provide security and protection for anyone else whom the govenror deems plausible for protection to the extent and in the manner the protectee and the director deem adequate and appropriate. The director shall provide security and protection for the senate while in session as in the opinion of the president of the senate when deemed necessary. The director shall provide security and protection for the supreme court and the district courts while they are in session, and at their places of work, as the chief justice and the director deem necessary. The director, within the limits of any appropriation made available for such purposes, shall for such Silverport highway patrol: * Establish such ranks, grades and positions as shall appear advisable and designate the authority and responsibility in each such rank, grade and position; * Appoint such personnel to such rank, grade and position as are deemed by him to be necessary for the efficient operation and administration of the Silverport highway patrol, and only those applicants shall be appointed or promoted who best meet the prescribed standards and prerequisites; provided however, that all employees shall be selected in the manner provided and shall be probationers and on probation for a period of two(2) weeks from the date of appointment; * Formulate and place in effect such rules for the Silverport highway patrol as from time to time appear to him advisable; * Prescribe by official order the uniform and equipment of the employees in the Silverport highway patrol; Any eligible person entering the employ of the Silverport highway patrol as an active police officer after the effective date of this constitution shall be payed as other members of the highway patrol immediately upon taking the oath of office. Nothing in this section shall affect the duties of a sheriff or the primary duty, of the sheriff and prosecuting attorney of each of the several counties to enforce all the penal provisions of any and all statutes of this state. ---- ## Article V: JUDICIAL BOUGH ### Section 1: FORMS OF ACTION ABOLISHED The distinctions between actions at law and suits in equity, and the forms of all such actions and suits, are hereby prohibited; and there shall be in this state but one form of action for the enforcement or protection of private rights or the redress of private wrongs, which shall be denominated a civil action; and every action prosecuted by the people of the state as a party, against a person charged with a public offense, for the punishment of the same, shall be termed a criminal action. Feigned issues are prohibited, and the fact at issue shall be tried by order of court before a judge, there shall be no juries. ### Section 2: JUDICIAL POWER The judicial power of the state shall be vested in a court for the trial of impeachments, a Supreme Court, district courts, and such other courts inferior to the Supreme Court as established by the legislature. The courts shall constitute a unified and integrated judicial system for administration and supervision by the Supreme Court. The jurisdiction of such inferior courts shall be as prescribed by the legislature. Until provided by law, no changes shall be made in the jurisdiction or in the manner of the selection of judges of existing inferior courts. ### Section 3: IMPEACHMENTS (A) The court for the trial of impeachments shall be the senate. A super-majority(2/3) of the members elected shall be necessary to a quorum, and the judgment shall not extend beyond removal from, and disqualification to hold office in this state; but the party shall be liable to indictment and punishment according to law. ### Section 4: IMPEACHMENTS (B) The state senate solely shall have the power of impeachment. No person shall be convicted without the concurrence of two-thirds of the senators elected after a trial. When the governor is impeached, the chief justice shall preside. ### Section 5: TREASON Treason against the state shall consist only in levying war against it, or 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 same overt act, or on confession in open court. ### Section 6: SUPREME COURT The Supreme Court shall consist of five justices, a majority of whom shall be necessary to make a quorum or pronounce a decision. If a justice of the Supreme Court shall be disqualified from sitting in a cause before said court, or be unable to sit therein, by reason of illness or absence, the said court may call a district judge to sit in said court on the hearing of such cause. The justices of the Supreme Court shall be appointed by the governor with advice and consent of the senate. The terms of office of the justices of the Supreme Court, except as in this article otherwise provided, shall be life. The chief justice shall be selected from among the justices of the Supreme Court by a majority vote of the justices. His term of office, as Chief Justice, shall be four months. When a vacancy in the office of chief justice occurs, a chief justice shall be selected for a full four month term. The chief justice shall be the executive head of the judicial system. ### Section 7: PROHIBITION OF JUSTICE FROM HOLDING OTHER OFFICES No justice of the Supreme Court shall be eligible to any other office of trust or profit under the laws of this state during the term for which he was appointed. ### Section 8: ORIGINAL AND APPELLATE JURISDICTION OF SUPREME COURT The Supreme Court shall have jurisdiction to review, upon appeal, any decision of the district courts, or the judges thereof, any order of the public commissions, committees, or boards; the supreme court may provide conditions of appeal, scope of appeal, and procedure on appeal from orders of the public commissions, committees, and boards. On appeal from orders of the commissions, committees, and boards the court shall be limited to a review of questions of law. The Supreme Court shall also have original jurisdiction to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all writs necessary or proper to the complete exercise of its appellate jurisdiction. ### Section 9: JURISDICTION OVER CLAIMS AGAINST THE STATE The Supreme Court shall have original jurisdiction to hear claims against the state, but its decision shall be merely recommendatory; no process in the nature of execution shall issue thereon; they shall be reported to the next session of the legislature for its action. ### Section 10: DISTRICT COURTS The state shall be divided into five judicial districts, for each of which a judge shall be nominated by the Governor with at adviced and consent of the senate thereof, whose term of office shall be life. And there shall be held a district court in each county, to continue for such time in the county as may be prescribed county ordinance. But the legislature may reduce or increase the number of districts, district judges and district attorneys. This section shall not be construed to prevent the holding of special terms under such regulations as may be provided by law. ### Section 11: POWER OF LEGISLATURE RESPECTING COURTS The legislature shall have no power to deprive the judicial department of any power or jurisdiction which rightly pertains to it as a coordinate department of the government; but the legislature shall provide a proper system of appeals, and regulate by law, when necessary, the methods of proceeding in the exercise of their powers of all the courts below the Supreme Court, so far as the same may be done without conflict with this Constitution, provided, however, that the legislature can provide mandatory minimum sentences for any crimes, and any sentence imposed shall be not less than the mandatory minimum sentence so provided. Any mandatory minimum sentence so imposed shall not be reduced. ### Section 12: CLERK OF SUPREME COURT The clerk of the Supreme Court shall be appointed by the court, and shall hold his office during the pleasure of the court. He shall receive such compensation for his services as may be provided by law. ### Section 14: DISTRICT COURT CLERKS A clerk of the district court for each judge shall be appointed by the judge thereof at the time and in the manner prescribed by judicial procedure, and shall hold his office as the court pleases. ### Section 15: PROSECUTING ATTORNEYS A prosecuting attorney shall be elected for each organized county in the state, by the qualified electors of such county, and shall hold office for the term of four months, and shall perform such duties as may be prescribed by law; he shall be a practicing attorney at law, and a resident and elector of the county for which he is elected. He shall receive such compensation for services as may be fixed by law. A prosecuting attorney shall also be known as a "district attorney." ### Section 16: VACANCIES All vacancies occurring in the offices provided for by this article of the Constitution shall be filled as provided by law. ### Section 17: JURISDICTION OF DISTRICT COURT The district court shall have original jurisdiction in all cases, both at law and in equity, and such appellate jurisdiction as may be conferred by law. ### Section 18: QUALIFICATIONS OF DISTRICT JUDGES No person shall be eligible to the office of district judge unless he be learned in the law, thirty days of residency, and a citizen of the State of Silverport, and shall have resided in the state or territory at least two months next preceding his appointment, nor unless he shall have been at the time of his appointment. ### Section 19: COURT PROCEDURE TO BE GENERAL AND UNIFORM All laws relating to courts shall be general and of uniform operation throughout the state, and the organized judicial powers, proceedings, and practices of all the courts of the same class or grade, so far as regulated by law & the supreme court, and the force and effect of the proceedings, judgments, and decrees of such courts, severally, shall be uniform. ### Section 20: REMOVAL OF JUDICIAL OFFICERS The Supreme Court may discipline and remove, from office, justices and judges of the court with simple majoirty of the supreme court in favor of the removal. Justices and judges are subjected to impeachment aswell. --- ## Article VI: ELECTION ### Section 1: ELIGIBLE VOTERS Every citizen of the state, who has been a resident of the state, county, township, or ward for three days, has the qualifications of an elector, and is entitled to vote at all elections. ### Section 2: ELECTION BY BALLOT; NAMES OF CANDIDATES ON BALLOT All elections shall be by ballot. The names of all candidates for an office at any election shall be arranged in a group under the title of that office. The legislature shall provide by law the means by which ballots shall give each candidate's name reasonably equal position by rotation or other comparable methods to the extent practical and appropriate to the voting procedure used. At any election in which a candidate's party designation appears on the ballot, the name or designation of each candidate's party, if any, shall be printed under or after each candidate's name in less prominent type face than that in which the candidate's name is printed. ### Section 3: ANTI-FORFEITURE OF VOTER RIGHTS The senate shall not have power to exclude from the privilege of voting any person convicted of any crime. --- ## Article VII: STATE MILITIA ### Section 1: WHOM SHALL PERFOM DUTIES All citizens, residents of this state, being have had citizenship for at least seventeen days and shall be subject to enrollment in the militia and the performance of military duty, in such manner, not incompatible with this Constitution, as may be prescribed by law. ### Section 2: CERTAIN OFFICERS; APPOINTED BY THE GOVERNOR The governor shall appoint the adjutant general, and his deputy, the special forces colonel, and such other officers and warrant officers, as may be provided for by law. The Adjutant General shall serve in the governor's cabinet. ### Section 3: CALL TO ACTION The governor shall have power to call forth the militia, to execute the laws of the state, to suppress insurrection, to repel invasion, and to act in the event of a disaster within the state. ## Section 4: ARMS The legislature shall provide, by law, for the protection and safe keeping of the public arms. --- ## Article VIII: COUNTY GOVERNMENTS ### Section 1: ORGANIZATION The legislature shall provide by general law for the organization and government of counties, and may provide by general law alternative forms of county government. No alternative form shall become operative in any county until submitted to the electors thereof and approved by a majority of those voting thereon under regulations provided by law. Municipalities and townships shall have authority, with the consent of the county, to transfer to the county any of their powers. Municipalities and townships shall have authority to revoke the transfer of any such power. Both under regulations provided by general law, but the rights of initiative and referendum shall be secured to the people of such municipalities or townships in respect of every measure making or revoking such transfer, and to the people of such county in respect of every measure giving such consent. ### Section 2: COUNTY OFFICERS The legislature shall provide by general law for the election of such township officers as may be necessary. ### Section 3: COUNTY CHARTERS The people of any county may frame and adopt or amend a charter as provided in this article but the right of the initiative and referendum is reserved to the people of each county on all matters which such county may now or hereafter be authorized to control by legislative action. Every such charter shall provide the form of government of the county and shall determine which of its officers shall be elected and the manner of their election. It shall provide for the exercise of all powers vested in, and the performance of all duties imposed upon counties and county officers by law. Any such charter may provide for the concurrent or exclusive exercise by the county, in all or in part of its area, of all or of any designated powers vested by the constitution; it may provide for the organization of the county as a municipal corporation; and in any such case it may provide for the succession by the county to the rights, properties, and obligations of municipalities and townships therein incident to the municipal power so vested in the county, and for the division of the county into districts for purposes of proper administration. Any charter or amendment which alters the form and offices of county government or which provides for the exercise by the county of power vested in municipalities by the constitution or laws of Silverport, or both, shall become effective if approved by a majority of the electors voting thereon. In case of conflict between the exercise of powers granted by such charter and the exercise of powers by municipalities or townships, granted by the constitution or general law, whether or not such powers are being exercised at the time of the adoption of the charter, the exercise of power by the municipality or township shall prevail. --- ## Article IX: STATE AGRICULTURE ### Section 1: SILVERPORT WILDLIFE PRESERVATION COMMISSION (A) There is hereby created the Silverport Wildlife Preservation Commission for the purpose of establishing standards governing the care and well-being of wildelife and beauty in this state. In carrying out its purpose, the Commission shall endeavor to maintain public safety, encourage safe and legal tourism, and protect Silverport beauty at all times. The Board shall be comprised of the following five members: - (1) Director of the Silverport Department of Fish & Wildlife, hereinafter designated as a law enforcement agency; - (2) Deputy Director of the Silverport Department of Fish & Wildlife; - (3) Three members appointed by the Governor with the advice and consent of the Senate. The three members appointed by the Governor shall be residents & citiizens of this state. (B) The Commission shall have authority to establish standards governing the care and well-being of wildlife and preservation of the beauty in this state, subject to the authority of the state senate. The board may, via bylaws, pose fines for violation of such established standards which shall not exceed five-hundred in game dollars. The legislature, by resoultion, may add jail time to the violation of the established standards not exceeding hundred and twenty(120) minutes. (C) The Silverport Department of Fish & Wildlife shall have the authority to administer and enforce the standards established by the Commission. (D) The legislature may enact laws that it deems necessary to carry out the purposes of this section, to facilitate the execution of the duties of the Commission. (E) If any part of this section is held invalid, the remainder of this section shall not be affected by that holding and shall continue in full force and effect. --- ## Article X: MISCELLANEOUS ### Section 1: SEAT OF THE GOVERNMENT Allen shall be the seat of government, until otherwise directed by law with consent of the owner. ### Section 2: ELIGIBILITY OF OFFICE No person shall be elected or appointed to any office in this state unless possessed of the qualifications of an elector. ### Section 3: OATH OF OFFICE Every person chosen or appointed to any office under this state, before entering upon the discharge of its duties, shall take an oath or affirmation, to support the Constitution of this state, and also an oath of office as prescribed by law. --- ## Article XI: AMENDMENTS ### Section 1: PROCESS OF AMENDMENT A member of congress may propose amendments to this constitution; and, if the same shall be agreed to by three-fifths of the members of the legislature, such proposed amendments shall be entered on the journals, with the yeas and nays, and shall be filed with the secretary of state at least nine days before the date of the election at which they are to be submitted to the electors, for their approval or rejection. They shall be submitted on a separate ballot without party designation of any kind, at either a special or a general election as the legislature may prescribe. The Supreme Court shall have exclusive, original jurisdiction in all cases challenging the adoption or submission of a proposed constitutional amendment to the electors. No such case challenging the ballot language, the explanation, or the actions or procedures of the legislature in adopting and submitting a constitutional amendment shall be filed later than six days before the election. The ballot language shall not be held invalid unless it is such as to mislead, deceive, or defraud the voters. --- ## Article XII: MUNICIPAL GOVERNMENTS ### Section 1: PROCESS OF AMENDMENT Municipal corporations are hereby classified into cities and villages. All such corporations having a high regular traffic rate shall be cities; all others shall be villages. The method of transition from one class to the other shall be regulated by law. ### Section 2: GENERAL LAWS General laws shall be passed to provide for the incorporation and government of cities and villages; and additional laws may also be passed for the government of municipalities adopting the same; but no such additional law shall become operative in any municipality until it shall have been submitted to the electors thereof, and affirmed by a majority of those voting thereon, under regulations to be established by law. ### Section 3: MUNICIPAL POWERS Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws. Municipalities shall be free from county & state encroachment, and excessive regulation, unless otherwise prescribed in this constitution. ### Section 4: HOME RULE Any municipality may frame and adopt or amend a charter for its government and may, subject to the provisions of this constitution, exercise thereunder all powers of local self-government. ### Section 5: AMENDMENT OF CHARTERS Amendments to any charter framed and adopted as herein provided may be submitted to the electors of a municipality by a two-thirds vote of the legislative authority thereof. ### Section 6: ELECTIONS All elections and submissions of questions provided for in this article shall be conducted by the election authorities prescribed by general law. ### Section 7: MANDATORY OFFICES All municipality shall require at least one legilsative body, one chief executive, and one chief administration officer/manger. --- ## Article XIII: ELECTION PROTECTION ### Section 1: SILVERPORT ELECTION COMMISSION (A) There is hereby created the Silverport Election Commission for the purpose of establishing standards governing the integrity and security of all elections in this state. In carrying out its purpose, the Commission shall endeavor to maintain public trust, encourage safe voting, and protect Silverport elections at all times. The commission shall be comprised of the following five members: - (1) Secretary of the Silverport Department of State; and - (2) Three members appointed by the Governor with the advice and consent of the Senate. The three members appointed by the Governor shall be residents & citizens of this state and shall hold no elected offices, or run for such, while serving on the commission; (B) The Commission shall have authority to establish standards governing the integrity and security of all elections in this state, subject to the authority of the state senate. The commission may, via bylaws, pose fines, penalties and consequences for violation of such established standards which shall not exceed five-thousand in game dollars. The legislature, by resoultion, may add jail time to the violation of the established standards not exceeding hundred and twenty(120) minutes. (C) The Silverport Election Commission shall have the authority to administer and enforce the standards established by the Commission. (D) The legislature may enact laws that it deems necessary to carry out the purposes of this section, to facilitate the execution of the duties of the Commission. (E) If any part of this section is held invalid, the remainder of this section shall not be affected by that holding and shall continue in full force and effect. --- ## Article XIV: OWNERSHIP ### Section 1: RESTRICTIONS & POWERS The owner shall have the ability to make any formal decision in regards to the state government, so long as it is does not violate the bill of rights. The senate shall the ability to override any decision made by the owner with at least a supermajority (2/3) of the entirety of the senate in favor to override. Should it pass the senate, it shall be presented to the governor whom shall make the decision to sign or veto the override. Should the governor decide to sign the override, the decision of the owner shall be overriden. Should the governor decide to veto the override it shall have been failed. Should it at anytime fail the senate or vetoed by the governor, an override of the same decision(s) may not be able to be presented to the senate again. The owner, with proof beyond a reasonable doubt, subject to an appeal to the surpeme court, may remove one from office for attempting to coup or overthrow the government if (s)he deems necessary. The owner may not extend this power elsewhere.