Constitution of the State of Lockridge === :::info We the people of Lockridge, in order to secure our inherent political, civil and religious liberties within the United States of America, do ordain and establish this Constitution for the State of Lockridge. ::: This Constitution shall be the supreme law of this State. No law in this State shall be in opposition to this Constitution, or the Constitution of the United States. A simple majority shall be defined as half of the non-abstaining votes plus one in favor. A supermajority shall be defined as two-thirds of the non-abstaining votes in favor. # Article I: Bill of Rights ### Section 1: Natural Rights All persons have a natural right to life, liberty, the pursuit of happiness and the enjoyment of rewards of their own work. All persons are inherently equal and are entitled to equal rights, opportunities and protections under the law. All persons have corresponding obligations to the people and to the State. ### Section 2: Source of Government Power All power of the government is inherent in the people. All government originates from the people, is founded upon their will only, and exists solely for the good of the people as a whole. ### Section 3: Civil Rights No person shall be denied the enjoyment of any political, civil or religious liberty or right based solely upon their race, color, creed, sex, sexual orientation, or national origin. This shall be implemented by the legislature. ### Section 4: Freedom of Religion No law shall be made respecting an establishment of religion, or prohibiting the free peaceful exercise thereof. ### Section 5: Freedom of Speech All persons may freely speak, write and publish on all subjects, being responsible for the abuse of this right. ### Section 6: Freedom of Assembly; Right to Petition The right of the people to peaceably assemble, and to petition the government shall never be abridged. ### Section 7: Due Process No person shall be deprived of life, liberty, or property, without due process of law. The right of all persons to fair and just treatment in the course of legislative and executive investigations shall not be infringed. ### Section 8: Jeopardy and Self-Incrimination No person shall be put in jeopardy twice for the same offense. No person shall be compelled in any criminal proceeding to be a witness against themselves. ### Section 9: Rights of Accused In all criminal proceedings, the defendant shall have the right to a speedy and public trial, by an impartial jury of twelve. The defendant is entitled to be informed of the alleged offenses and the evidence against them; to be confronted with the witnesses against them; to subpoena witnesses in their favor; and to be assisted by counsel for their defense, free of charge to the defendant and provided by the State. ### Section 10: Cruel Punishment Prohibited Excessive fines shall not be imposed, nor cruel or unusual punishment inflicted. Criminal punishment shall be based on the following: the need to protect the public, societal condemnation of the offender, the rights of victims of crimes, restitution from the offender, and reformation of the offender. ### Section 11: Habeas Corpus The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or actual or imminent invasion, the public safety requires it. ### Section 12: Searches and Seizures The right of the people to be secure in their persons, houses and other property, papers, and effects, against unreasonable searches and seizures, shall not be violated. Warrants shall only be issued with probable cause, supported by evidence, and particularly describing the place to be searched, and the persons or things to be seized. ### Section 13: Prohibited State Actions No bill of attainder or ex post facto law shall be passed. No law impairing the obligation of contracts, and no law making any irrevocable grant of special privileges or immunities shall be passed. ### Section 14: Civil Jury Trials There exists no right to a trial by jury in a civil matter, however the legislature may provide for circumstances where civil matters are adjudicated by an impartial jury of not less than six or more than twelve, returning a verdict upon agreement of not less than three-fourths of the jurors. ### Section 15: Right to Keep and Bear Arms A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State, unless necessary for public safety. ### Section 17: Further Rights The enumeration of rights in this constitution shall not impair or deny others retained by the people, as necessary by common law, the legislature, case law and other sources. # Article II: The Legislature ### Section 1: Legislative power The legislative power of this State shall be vested in a unicameral legislature, referred to as the Congress, with a membership of ten, whose term shall be two months from taking office. ### Section 2: Qualifications of Members A member of Congress must be a qualified voter in this State, and must not have a felonious criminal record. ### Section 3: Vacancies A vacancy in the Congress shall be filled for the unexpired term by a special election. ### Section 4: Disqualifications No member of Congress shall hold the office of Governor, Lieutenant Governor, Attorney General, or other executive office in the State, whilst also serving in the Congress. This shall not prohibit a member of Congress to seek those positions, granted they relinquish their seat in Congress upon attaining an office of profit. ### Section 5: Legislative Immunity Members of Congress may not be held to answer before any other tribunal for any statement made in the exercise of their legislative duties while the Congress is in session. ### Section 6: Presiding Officer The Lieutenant Governor shall be the presiding officer of the Congress. The Congress may also elect a President-Pro-Tempore to preside over the Congress in the Lieutenant Governor's absence. The President-Pro-Tempore shall still be a member of Congress. ### Section 7: Procedures of Congress The Congress shall adopt rules of procedure with a simple-majority resolution, which shall elaborate and specify the official business of the Congress in more specifity than this Constitution. A regular session may only proceed when a quorum of the Congress is present, which shall be a majority of members of Congress. ### Section 8: Regular Sessions The presiding officer shall convene the Congress at least once every month, or whenever the procedures of the Congress require so. ### Section 9: Special Sessions A special session of Congress may be convened by the Governor. During such session, the docket shall be limited to the subject as declared by the Governor. A quorum is not needed for a special session to proceed, unless the Governor specifies otherwise. ### Section 10: Passage of Bills A bill may be submitted by the Governor, Lieutenant Governor or any member of Congress. Each bill shall be debated and voted upon as according to the procedures and rules of Congress, however such bill may not become law unless it has a simple-majority vote in favor. The number of ayes, nays and abstains shall be recorded. ### Section 11: Veto The Governor may veto bills passed by Congress. Such bills do not become law. The governor must return the vetoed bill, in conjuction with a statement of objections to the bill, to Congress. ### Section 12: Veto Override The Congress may, with a super-majority vote in favor, override a veto by the Governor. Such a bill shall then become law irrespective of the Governor's veto. ### Section 13: Signature; Bills Not Signed The Governor, if not vetoing a bill, shall sign a bill, thereby making the bill law. If the Governor does not sign nor veto a bill five days after passage in Congress, the bill shall automatically become law. ### Section 14: Effective Date Laws passed by Congress shall become effective 24 hours after enactment. However, the bill may provide for a different effective date, but the time between enactment and effectiveness may not be lower than 24 hours; should that be the case, the bill's effective date clause shall be disregarded. ### Section 15: Impeachment All civil officers of the State are subject to impeachment by Congress. Subject to further restriction by the rules and procedures of Congress, any member of Congress may lay forth a motion for impeachment, which must be seconded and include the legal basis for impeachment. Trial on impeachment shall be presided over by the Chief Justice of the Supreme Court or other justice of the Supreme Court, as designated by the Chief Justice. A supermajority in favor of removal is required to remove the officer on trial from office. Impeachment shall only extend as to the removal from office; criminal charges may be pursued separately. *AMENDED CONST.01 (09/06/2020):* ### Section 16: Expulsion All members of Congress are subject to removal by Congress by expulsion. A motion for expulsion shall be submitted in the same manner as a resolution, and shall include grounds, which may include incompetence, inactivity, and neglect of duties. In the voting for an expulsion, the member subject to expulsion shall abstain. A member of Congress is removed from office upon a supermajority of Congress concurring on the expulsion. Expulsions are subject to judicial review. # Article III: The Executive ### Section 1: Executive Power The executive power of this State shall be vested in the Governor. ### Section 2: Qualifications of the Governor The governor must be a qualified voter in this State, and not have a felonious criminal record, and must also have been a citizen of this State for at least two (2) weeks. ### Section 3: Term of Office The term of office of the Governor is four (4) months from the time the Governor takes office. ### Section 4: Limit on Tenure No person who has been elected Governor for two full successive terms shall be again eligible to hold the office of Governor until one full term has intervened. ### Section 5: Disqualification The Governor shall not hold any other office of profit under the State or its political subdivisions. ### Section 6: Lieutenant Governor There shall be one Lieutenant Governor. They shall have the same qualifications as the Governor, and shall serve the same term as the Governor. The Lieutenant Governor shall serve at the Governor's pleasure, and shall conduct duties as prescribed by law or delegated by the Governor. ### Section 7: Acting Governor In case of a temporary absence of the Governor from office, the Lieutenant Governor shall serve as acting Governor, and has all the powers of the Governor during that time frame. ### Section 8: Vacancy; Absence Should the office of Governor ever be vacant, the Lieutenant Governor shall succeed to office for the remainder of the term. If the Governor has been absent from office for thirty (30) days, the office of Governor shall be presumed vacant. If the Lieutenant Governor is for any reason not able to succeed, the following person shall serve as Governor until a new Governor is elected, ranked from highest priority to lowest: President-Pro-Tempore of the Congress, and the Attorney General. Should no person be able to hold the office of Governor until election, the election shall be held regardless, with a person appointed by Congress with a simple majority vote serving as Governor until a new Governor has been elected. ### Section 9: Governor's Authority The Governor shall be responsible for the faithful execution of laws. He may, by appropriate court action or proceeding brought in the name of the State, enforce compliance with any constitutional or legislative mandate, or restrain violation of any constitutional or legislative power, duty, or right by any officer, department, or agency of the State or any of its political subdivisions. This authority shall not be construed to authorize any action or proceeding against the legislature. The Governor may also enter into treaties with other sovereign bodies in the name of the State, subject to supermajority approval by Congress. ### Section 10: Military Authority The Governor is commander-in-chief of the armed forces of the State. He may call out these forces to execute laws, suppress or prevent insurrection or lawless violence, repel invasion, or other tasks as determined by law. The Governor shall appoint and commission all officers of the armed forces of this State, upon recommendation by the Adjutant General. The Governor may only declare war on another sovereign body upon supermajority approval from Congress. ### Section 11: Martial Law The Governor may, upon finding that public safety is at risk from insurrection, imminent or ongoing invasion, declare martial law. Martial law shall not continue for more than 48 hours without a simple majority confirmation by Congress. ### Section 12: Executive Clemency Subject to the laws of this State, the Governor may grant commutations and pardons, including remitting or suspending fines, but not extending to impeachment. ### Section 13: Executive Branch All executive offices, departments, and agencies of the State and their functions, duties and powers shall be allocated by law to no more than ten principal departments. Regulatory, quasi-judicial, and temporary agencies may be established by law and need not be allocated within a principal department. ### Section 14: Reorganization With the exception of the Department of Justice, the Governor may make changes in the organization of the executive branch or in the assignment of functions among its units which he considers necessary for efficient administration. Where these changes require the force of law, they shall be set forth in executive orders. The Congress shall have six days to disapprove these executive orders. Unless disapproved by resolution approved by a simple majority in favor, these orders become effective at a date thereafter to be designated by the Governor. ### Section 15: Department Heads Each principal department shall be headed by a single executive official. The head of each principal department shall be supervised by the Governor and serve in the Governor's cabinet, with the exception of the Department of Justice, which shall be supervised by the Attorney General, but serve in the cabinet. With the exception of the Attorney General, each head of a principal department shall be appointed by the Governor and confirmed by Congress with a simple majority. # Article IV: The Judiciary ### Section 1: Judicial Power The judicial power of this State shall be vested in the Supreme Court, and a District Court for each county. ### Section 2: Jurisdiction The judicial power shall extend to all cases, in law and equity, arising under this Constitution, laws of this State and its political subdivisions, and ratified treaties of this State; to cases of admiralty and maritime jurisdiction; to cases in which this State is party to; in cases in which a political subdivision of this State is party to, be it with another sovereign body, foreign or not, or private citizens, foreign or not. In all civil, criminal and record expungement cases, the Supreme Court shall have final appellate jurisdiction, in respect to law. The District Courts shall have original jurisdiction in all civil, criminal and record expungement cases, subject to venue. ### Section 3: Composition of Courts The Supreme Court shall be composed of one Chief Justice and two Associate Justices. Each District Court shall be composed of one Chief Judge, being the most senior judge serving in that particular District Court, and up to three District Judges. ### Section 4: Appointment of Judicial Officers All judicial officers are appointed by the Governor and confirmed with a simple majority by Congress. The Chief Justice may offer advise to the Governor on which individuals to appoint. ### Section 5: Warrants, Writs, Judgments and other Court orders All courts of this State shall have the ability to issue warrants, writs, judgments and other court orders, which must be abided by, subject to this Constitution, State law and court procedure. ### Section 6: Advisory; Certified Question The Supreme Court shall issue its opinion on a legal issue when required by the Governor, Lieutenant Governor, Attorney General, Congress by a resolution or a District Court in connection to a case, subject to court procedure. ### Section 7: Court Procedure The Supreme Court has the power to issue, amend and repeal court procedures, which may not be in opposition to this Constitution or State law, to all Courts of this State, provided that a supermajority of the Supreme Court approve of those changes to procedure. District Courts may adopt local rules, which may not be in opposition to court procedures, State law or this Constitution, provided all District Judges of that District be in concurrence. ### Section 8: Judicial Review The Supreme Court may, on its own initiative, review any law of this State to determine whether it is in opposition to this Constitution. If it is found to be, the Supreme Court shall declare that law unconstitutional, and from that point onward it shall not be enforced by the State or by any political subdivision of it. # Article V: Counties; Municipalities ### Section 1: Establishment of a County A county may be established, merged or removed, with or without charter, by Congress, provided that Congress approves a law or charter by a supermajority, and said law or charter passes a public referendum of all citizens in the geographic area affected by a simple majority. ### Section 2: County Government Unless otherwise required by the charter, a county shall be governed by an elected board of commissioners with a membership of three, serving a term of four months. This Board shall perform the legislative and executive duties of the County. Unless the charter requires otherwise, a vacancy may be filled by the Governor for the unexpired term. ### Section 3: County Charters Counties operating under a charter shall have executive and legislative powers of self-government not in opposition to State law. The county government may enact county ordinances not inconsistent with State law. Violation of said ordinances shall be punished as provided by the ordinance or State law. ### Section 4: Sheriff The sheriff shall be the chief law enforcement officer of a county, whether operating under a charter or not. They shall be elected by qualified voters of the county for a term of 4 months, and shall be tasked with providing law enforcement services to the County consistent with State law and County ordinances, enforcing State law and County ordinances, and enforcing the County's District Court's orders. A county charter may provide for additional duties of the Sheriff, but may not change any other provision of this section. ### Section 5: Municipalities A municipal government may be established with a municipal charter, which must be approved by the County the municipality is located in, and must be approved by a supermajority of Congress. The municipal charter must provide for a democratic local government of the municipal area, and the administrative authority of the municipality shall extend to executive and legislative in the jurisdiction of the municipality. # Article VI: Department of Justice ### Section 1: Establishment The Department of Justice shall be established as a principal department of the State, headed by the Attorney General, tasked with the apolitical execution of justice, the prosecution of criminal offenses within the State, as provided by State law, and representing the State in all legal matters. ### Section 2: Attorney General The Attorney General shall be elected by qualified voters of the State for a term of four months. They shall head the Department of Justice, having sole authority over it. The Attorney General shall also be automatically considered a certified attorney, and shall be the chief law enforcement officer of the State. ### Section 3: Subordinates The Attorney General shall appoint a deputy, referred to as Deputy Attorney General, who shall serve as the acting Attorney General in the Attorney General's absence. The Attorney General may delegate any of their authorities to any subordinate as they see fit. ### Section 4: Authority: Law Enforcement The Attorney General may audit any Law Enforcement agency of the State, and may regulate them as prescribed by State law. They may also issue directives to sworn law enforcement officers, which shall be followed. These directives are subject to review by Congress and the Supreme Court. Violations of these directives shal have consequences detailed in State law, but may include termination from their law enforcement agency, or a prohibition on ever serving as a law enforcement officer again, though these punishments are subject to review by the Supreme Court. ### Section 5: Authority: Legal Advisor The Attorney General shall, when requested, give legal advice to the Governor, Lieutenant Governor, head of a principal department or members of Congress. ### Section 6: Authority: Prosecution of Criminal Offenses The Attorney General shall have the sole power of representing the State, a County or a municipality in criminal matters, though this shall be always done in the name of the State. ### Section 7: Authority: Certification of Attorneys The Attorney General shall provide for a process to become a certified attorney in this State, and magae said certifications, subject to State law. The Attorney General shall automatically be certified. ### Section 8: Public Defenders The Attorney General shall provide for free public defenders to all persons being prosecuted for a criminal offense in a court of law of this State. # Article VII: National Guard ### Section 1: Establishment The National Guard shall be a principal department, headed by the Adjutant General, tasked with providing security in form of an armed militia to the State, in accordance with State law. ### Section 2: Composition The National Guard may only be composed of voluntary citizens of the State. Members of the National Guard shall uphold battle readiness. ### Section 3: Active Service The Governor may order the National Guard or part of it into active service, subject to State law and judicial review, when: civil authorities fail to uphold law and order; when it is necessary to protect life and property; or when failure uphold law and order seems imminent. The National Guard in active service shall serve as additional law enforcement, subject to State law. ### Section 4: Other provisions All other aspects of the National Guard shall be administered as required by State law or military tradition. # Article VIII: Elections; Referendums; Recalls ### Section 1: Qualified Voters All citizens of this State shall qualify as voters in State elections, and citizens residing in the jurisdiction of a local government shall qualify as voters in those local elections. No qualified voter may be restricted from voting unless by provisions in this Constitution. ### Section 2: Voting Requirements All public votes shall be held by the Founders and Co-Founders, or by persons so designated by them. Voting shall be fair and secret. Allegations of misconduct are subject to judicial review, who may invalidate a vote should a severe breach of this Constitution or other laws be established. ### Section 3: Elections Whenever a term for a public official or officials is approaching the end, or other circumstaces exist as set out in State law, the Founders and Co-Founders shall begin organizing the election. They shall allow reasonable time for qualified citizens to declare to run for an office, give ample time for campaigning, and hold the vote itself for a reasonable time. The winner or winners shall be determined acording to a fair and publicly known voting method. During the election of the Governor, the candidate for Governor shall run together with a candidate for Lieutenant Governor, and the voters shall vote on both in conjunction. ### Section 4: Special Elections A special election shall be held just like a standard election, but may per State law differ in requirements and time frames. ### Section 5: Initiative and Referendum Qualified voters of this State may enact laws by initiative, and approve or reject acts of Congress by referendum. A petition for an intitiative or referendum must contain the bill to initiate or act to be referred. It must also contain the signatures of at least ten percent (10%) of qualified voters of the State. Denial of a petition is subject to judicial review. Once the Lieutenant Governor receives such a petition, and has verified proper form and veracity of the signatures, they shall submit to the Founders and Co-Founders the ballot on the initiative or referendum. To enact an initiative, it requires the approval of a majority of all qualified voters of the State. To reject an act of Congress, it requires the disapproval of a majority of all qualified voters of the State. The Lieutenant Governor shall announce what action has been taken in accordance with this Constitution. ### Section 6: Recall All elected public officials of this State or a political subdivision thereof are subject to recall. The people may submit to the Lieutenant Governor, or Governor if the Lieutenant Governor is being recalled, a petition for recall, including the grounds for the recall, which may include incompetence, corruption, inactivity, or neglect, and signatures by no less than twenty-five percent (25%) of qualified voters. Denial of a petition is subject to judicial review. The receiving official shall prepare the ballot, incuding the reasoning, and must submit such to the Founders and Co-Founders. If the recall is approved by a majority of qualified voters, the official shall be removed from office. # Article IX: Constitutional Amendments ### Section 1: Constitutional Amendments A constitutional amendment may be proposed by initiative, subject to the same requirements, or submitted like a bill, must however gain a supermajority support in Congress and approved by a majority of qualified voters of the State. ### Section 2: Effective Date A constitutional amendment shall go into effect seven days after enactment. Signed, Remavas Author & Governor