Atoll State Constitution

![](https://i.imgur.com/nYsezsG.png) # Atoll State Constitution **The Constitution Of The State of Atoll Palm County, Atoll September 23rd, 2021** --- **ARTICLE I** **THE RIGHTS OF MAN AND CITIZEN** 4 Section 101 — Freedom of Thought 4 Section 102 — Freedom to Security 4 Section 103 — Freedom of Property 4 Section 104 — Freedom against Search 4 Section 105 — Protections of Trial 5 Section 106 — Protections of Criminal Procedure 5 Section 107 — Liberties to Government 5 Section 108 — Unnamed Rights 5 **ARTICLE II** **THE LEGISLATURE** 6 Section 201 — Composition 6 Section 202 — Officers 6 Section 203 — Procedure 6 Section 204 — Contempt 7 Section 205 — Privileges of Immunity 7 Section 206 — Enactment of Law 7 Section 207 — Powers Enumerated; Denied 7 **ARTICLE III** **THE EXECUTIVE** 8 Section 301 — The Governors 8 Section 302 — Duties of the Executive 8 Section 303 — State of the State Address 8 Section 304 — The Cabinet 9 **ARTICLE IV** **THE JUDICIARY** 10 Section 401 — Judicial Power 10 Section 402 — Writs and Warrants 10 Section 403 — Cases and Controversies 10 Section 404 — Rules of Law 10 Section 405 — The Supreme Court 11 Section 406 — The District Court 11 Section 407 — Other Tribunals 11 **ARTICLE V** **THE PEOPLE** 12 Section 501 — Recall and Referendum 12 **ARTICLE VI** **THE IMPEACHMENT** 13 Section 601 — Initiation 13 Section 602 — Trial 13 Section 603 — Judgment 13 Section 604 — Suspension 13 **ARTICLE VII** **THE OATHS OF OFFICE** 14 Section 701 — Invalidation of Oath 14 Section 702 — The Senate 14 Section 703 — The Governors 14 Section 704 — The Judiciary 15 Section 705 — The Militia 15 Section 706 — Law Enforcement 15 **ARTICLE VIII** **THE GENERAL PROVISIONS** 16 Section 801 — The Mode of Amendment 16 Section 802 — Supremacy to Law 16 Section 803 — Continuance of Government 16 PAGE 2 — THECONSTITUTION OF THE GREAT STATE OF ATOLL --- **ARTICLE I** **THE RIGHTS OF MAN AND CITIZEN** Section 101 — Freedom of Thought No person shall be deprived by the Government, or any agent acting on behalf of the Government, of their ability to speech, communication, or the written word, except in cases where it jeopardizes the security or public order of the state. No publisher or similar organization shall be restricted in their abilities of publication or press, except in cases where it jeopardizes the security or public order of the state. Each person shall possess the ability to respect their own opinion, religion, or other form of personal belief. Section 102 — Freedom to Security For the purposes of security and protection of personal property, the right of the People to keep, maintain, and bear arms shall not be infringed. In cases of maintaining the public order, the Government may regulate the public showing of arms in manners that shall not be considered detrimental to the ownership of arms. The Government may also regulate and license the ownership of arms. Section 103 — Freedom of Property Except in cases of imminent invasion, rebellion, or declared emergency, the Government shall not seize or quarter the personal dwellings, firearms, or other personal properties without the consent of the property owner. The manner of emergency seizure shall be created and regulated by general law. Section 104 — Freedom against Search The security and sanctity of a person’s dwelling, papers, and other effects shall be maintained and kept; no competent court shall accept any such evidence obtained in a manner considered violative of such security. The Government shall not conduct any search or seizure of the personal belongings of any person unless upon the order from a competent court of appropriate jurisdiction or upon the probable cause of any crime. Section 105 — Protections of Trial No person shall be required, for any reason, to enter testimony, confession, or evidence against themselves — especially in circumstances of threat, duress, or where the defendant is not acknowledged of their rights — nor shall any competent court accept any such testimony in consideration of their duties. Each person, when faced with any charges levied against themselves, shall enjoy the due process of the law and trial. No person shall be subject to double jeopardy under the same set of facts. Section 106 — Protections of Criminal Procedure Each person, when faced with any criminal charges levied against themselves, shall enjoy the right to a speedy and fair trial between the accuser and defendant. The defendant in such a trial shall know the acts asserted by the Government, the date such acts occurred, as well as the specific statutory offense(s) that may have been violated by the commission of such asserted acts. Such a trial shall have a process to compel witnesses in their favor or to provide assistance of counsel to defendants who are impoverished. The right to trial by jury may be enacted by general law with a method of calling jurors in a manner considered appropriate for trial. No person shall be deprived of the equal protection of the law — especially under conditions of race, creed, nationality, or social status. Section 107 — Liberties to Government Each person has the right to have their voice in Government and to use the services provided by such Government. No person shall be deprived of the freedom to exercise their vote in their Government. No person shall be prohibited or barred from filing cases, petitions, or other documents of similar nature with the courts unless contradictory or prohibited by the law. The courts may, in cases of constant frivolous, arbitrary, or unnecessary filing, require a person to have their future filings submitted by a certified litigator of the state to prevent any future cases that may annoy the courts. Section 108 — Unnamed Rights There may be rights that are not enumerated within this Constitution that may be protected by common practice, common law, or general law. PAGE 3 — THECONSTITUTION OF THE GREAT STATE OF ATOLL --- **ARTICLE II** **THE LEGISLATURE** Section 201 — Composition There shall be a Senate that shall be composed of six Senators who shall be elected by the qualified electors of this State. Each convention of the Senate shall last for sixty calendar days. Each member, in order to qualify for candidacy in their election, must be a resident of the state. No person shall serve, but may declare candidacy in an election to be, as a sitting member of the Senate if they are: (a) an active member of the armed forces; (b) holding any civil appointment or office; or, (c) declared unfit by general law. When a vacancy exists within the Senate, whether by resignation or removal, the Governor may elect to fill the vacancy by appointment until a special election can be called for the qualified electors of the State to fill the vacancy permanently, with such a procedure being defined in general law. Section 202 — Officers The Lieutenant Governor shall be the President of the Senate and shall preside over meetings of the Senate. They are not a voting member but instead lead the membership in its procedures. There shall be a President pro tempore who shall be elected by the membership at the beginning of a convention of the Senate, times where the position is vacant, or where two-thirds of the membership declares their intent to select a new President pro tempore. They are tasked with presiding over meetings of the Senate in times where the President of the Senate cannot. Section 203 — Procedure The Senate shall only meet with a majority of the membership present to transact any business. A smaller number may meet to compel, through the manners of arrest, the presence of unexcused, absent members. At the beginning of each convention of the Senate, the membership shall first convene to author and enact its rules of procedure. No business may continue or begin until such rules have been adopted by at-least a majority of the membership. Section 204 — Contempt The Senate, when sitting in a formal session, may adopt rules of holding a person in contempt. No punishment for such contempt shall extend beyond imprisonment nor shall it extend to a member of the Senate who is actively sitting in a formal session of the Senate. Section 205 — Privileges of Immunity Members of the Senate shall be immune from arrest while sitting in a formal session or travelling to a planned session. This protection shall not extend to breaches of the peace, order, crimes in which there is a victim, or felonies. Section 206 — Enactment of Law No bill shall pass unless upon an affirmative vote of at-least a majority of the membership when considering the bill. Each vote shall be recorded in the journal of record which shall be maintained by a Secretary of the Senate. The Senate shall adopt a process of disputing the journal of record in its rules of procedure. Once the bill has been passed by the Senate, it shall be sent for consideration to the Governor. If the Governor signs the act or fails to consider the bill within seventy-two hours of its passage from the Senate, it shall become adopted into law. If they refuse to sign the act, it shall be vetoed. Section 207 — Powers Enumerated; Denied The Senate shall have the power to institute crimes and punishments for violations considered detrimental to the public order, provide and maintain for the executive departments, to declare war as well as its procedures of emergencies, and to pass all laws which shall be necessary to carry out these powers. No ex post facto law, bill of attainder, or law granting a title of nobility shall be passed by the Senate. No legislation shall be passed if it utilizes or is construed in a manner to exercise the powers delegated to the Executive or the Judiciary. PAGE 4 — THECONSTITUTION OF THE GREAT STATE OF ATOLL --- **ARTICLE III** **THE EXECUTIVE** Section 301 — The Governors There shall be a Governor and their Lieutenant, who shall be publicly elected by the qualified electors of the State. They shall run on a single ticket as partners, respectively, and will hold a term of office which shall last for 120 days. No person shall serve, but may declare candidacy in an election to be, in either office if they are: (a) an active member of the armed forces; (b) holding any civil appointment or office; or, (c) declared unfit by general law. Section 302 — Duties of the Executive The Governor shall serve as the Chief Executive of the State. In such a position, the Governor shall be tasked with the day-to-day operations and maintenance of the state and shall further exercise the powers associated with those duties and tasks. These specific duties and tasks shall include: (a) committing to the faithful execution of the laws as well as the conservation of peace throughout the state (b) serving as the commander-in-chief of the military forces raised by the state (c) issuing all pardons, commutations, and other legal forms of forgiveness in criminal offenses that shall not extend to cases of impeachment When a vacancy exists in the Office of the Governor, whether by resignation or removal, the Lieutenant Governor shall assume the office and its associated powers as Governor until the expiry of the original term. Section 303 — State of the State Address On their twenty-fifth day in office, the Governor shall address the Congress, Executive Departments, and Judiciary on the State of the State. Section 304 — The Cabinet The Governor shall appoint, with consent and ratification from the Senate, the secretaries, directors, and leaders of the executive departments, who shall make up the Cabinet. They shall advise the Governor and shall serve at his pleasure. The Lieutenant Governor and a majority of the Cabinet may declare the Governor as unfit to execute the duties associated with their position. Such a declaration should be submitted in the form of a written letter received by the President pro tempore of the Senate. The Governor may send a similar declaration to dispute their disability or inability to execute their duties to the President pro tempore. The Senate shall then meet in emergency session within twenty-four hours to determine if such inability exists that prevents the Governor from acting in a manner in-line with their duties. If no determination is made within forty-eight hours of their first emergency session or a determination of no apparent inability is made, the Governor shall return to their office. If the Senate affirms that the Governor is unable to execute their prescribed duties, or the Governor does not challenge the declaration made by the Lieutenant Governor and the Cabinet within twenty-four hours, the Lieutenant Governor shall assume the office as Governor until the expiry of the original term. PAGE 5 — THECONSTITUTION OF THE GREAT STATE OF ATOLL --- **ARTICLE IV** **THE JUDICIARY** Section 401 — Judicial Power The judiciary and its power shall be divested among its judges and magistrates, who shall be appointed by the Governor, with consent and ratification from the Senate. They shall serve their position in good behavior and may only be removed by impeachment or retirement. The judiciary shall be organized into its two courts — the Supreme Court and the District Court — with the former being the highest court in the state. Section 402 — Writs and Warrants The courts, in line with the rules of law and general law, shall hold the power to issue any writs, warrants, and orders necessary to carry out their powers. No warrant of arrest, search, nor seizure shall be issued unless upon a sworn statement alleging a crime as well as the affirmation of evidence demonstrating probable cause that such a crime or possession of illicit contraband is true. Any warrant to search or seizure shall be executed if it does not explicitly state the area to be searched as well as the items to be seized. Section 403 — Cases and Controversies No writ, warrant, ruling, or other form of judicial power may be exercised unless as a result of or in regards to a filed case or controversy that stands before a competent court of appropriate jurisdiction. Each party, except for the Government, in such case or controversy, shall have standing or injury to demonstrate before the court to be considered a party in the case. Section 404 — Rules of Law The Supreme Court shall adopt and issue any subsequent amendments to rules regarding the procedure of law, admissibility of evidence and testimony, and the filing of motions and other legal documents to the court. Such rules or changes shall become enforceable upon at-least a simple majority of the Senate affirming the rules. PAGE 10 — THECONSTITUTION OF THE GREAT STATE OF ATOLL Section 405 — The Supreme Court The Supreme Court shall be led by a Chief Justice and made up of four Associate Justices. The court shall be known as the court of final resort, and shall hold appellate jurisdiction over all cases of constitutional significance — as the justices may determine. The court shall be bound to resolve and advise upon any question of constitutional significance submitted to it by the Governor, the Senate, or any other official determined by general law. Section 406 — The District Court The District Court shall be led by a Chief Judge and made up of three Judges. The court shall be known as the trial court for the state, and shall hold original jurisdiction over all cases within the state in which no other court holds such jurisdiction. Section 407 — Other Tribunals The legislature may constitute and ordain lower courts of specialized interest by general law. No such court shall be higher than the District Court but shall instead reside within the same level as that court. Any court of specialized interest, when dissolved by the legislature, shall continue to hear its docket, but not be assigned any new cases to hear, until its docket has been cleared. PAGE 6 — THECONSTITUTION OF THE GREAT STATE OF ATOLL --- **ARTICLE V** **THE PEOPLE** Section 501 — Recall and Referendum It shall be the right of the People to recall their elected officials from public office. A recall shall be initiated after gathering a number of citizens equal to two-thirds of the previous election held or fifteen citizens, whichever is highest. The process for certifying recall shall be determined by general law. It shall be the right of the People to propose and answer questions brought by a Referendum, be that as initiated by the Legislature or the People. A Referendum on a single question may be initiated for a public vote after gathering a number of citizens equal to one-third of the previous election held or fifteen citizens, whichever is highest. The process for certifying a referendum shall be determined by general law. PAGE 7 — THECONSTITUTION OF THE GREAT STATE OF ATOLL --- **ARTICLE VI** **THE IMPEACHMENT** Section 601 — Initiation The Senate shall house a Committee which shall initiate and investigate any proposed impeachment. After such investigation, a report shall be drafted and sent to the President of the Senate on the outcome of the investigation, namely whether there is evidence to support an impeachment trial and if the Committee will seek such impeachment. The Articles of Impeachment shall be drafted by the Committee Chairman, through resolution, and must reach a simple majority of one-half of the membership. Articles of Impeachment may only be initiated on the Governor, the Lieutenant Governor, any member of the Cabinet, a Judge, or a Justice. The articles may only be initiated on the grounds of Treason, Bribery, or other high crimes and misdemeanors. Section 602 — Trial The Articles of Impeachment shall name the Impeachment Manager, who shall act parallel to a prosecutor in a criminal trial. The trial shall be presided by the Chief Justice, unless the Chief Justice is on trial, in which case the senior most Judge of the highest inferior court shall preside. The trial shall be conducted similarly to that of a civil trial. Section 603 — Judgment After trial, the Senate shall vote on whether the impeached official is guilty beyond a reasonable doubt of their impeached charges. The vote must reach a majority of two-thirds of the membership. If found guilty, the official shall be removed from office. Section 604 — Suspension The Senate may, through one-half majority of the membership, suspend an impeached official until the end of the proceedings. Such suspension may not last more than two weeks. PAGE 7 — THECONSTITUTION OF THE GREAT STATE OF ATOLL --- **ARTICLE VII** **HE OATHS OF OFFICE** Section 701 — Invalidation of Oath No person shall take office until taking a sworn affirmation of allegiance to the State, marking the entrance of office. No oath of allegiance shall be administered to a person that cannot lawfully hold the office to which they are about to enter. Section 702 — The Senate A Senator, before taking office, must swear their allegiance to the state by taking the following oath before a member of the judiciary— I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, the Constitution of the State of Atoll, and the laws of the State of Atoll against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. Section 703 — The Governors A Governor, before taking office, must swear their allegiance to the state by taking the following oath before a member of the judiciary— I do solemnly swear (or affirm) that I will faithfully execute the Office of Governor of the State of Atoll, and will to the best of my ability: preserve, protect, and defend the Constitution of the United States, the Constitution of the State of Atoll, and the laws of which I shall govern. A Lieutenant Governor or member of the cabinet, before taking office, must swear their allegiance to the state by taking the following oath before a member of the judiciary— I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, the Constitution of the State of Atoll, and the laws of the State of Atoll against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. Section 704 — The Judiciary A Justice, Judge, or Magistrate of the Judiciary, before taking office, must swear their allegiance to the state by taking the following oath before a member of the judiciary— I do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as required under the Constitution and laws of the United States and the State of Atoll. Section 705 — The Militia An enlistee wishing to serve within the militia, before taking office, must swear their allegiance to the state by taking the following oath before a member of the judiciary— I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, the Constitution of the State of Atoll, and the laws thereof against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States, Governor of the State of Atoll as my commander-in-chief, and the orders of the offices appointed over me, according to regulations and laws of this great state. Section 706 — Law Enforcement An officer of the peace, before taking office, must swear their allegiance to the state by taking the following oath before a member of the judiciary— On my honor, I will never betray my integrity, my character, or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always maintain the values of my community, and the agency I serve. PAGE 8 — THECONSTITUTION OF THE GREAT STATE OF ATOLL --- **ARTICLE VIII** **THE GENERAL PROVISIONS** Section 801 — The Mode of Amendment The Senate may, through two-thirds majority, propose an amendment to this Constitution or a Constitution anew; which shall then be subject to a public referendum where it must reach a simple majority of one-half of the referendum turnout. Section 802 — Supremacy to Law This Constitution is the Supreme Law of the Land and no bill, order, or action may supersede or conflict with this document. Section 803 — Continuance of Government Any person that serves within any office, agency, or department established previously by precedent or documented creation that is reestablished within this document shall continue to serve their position from the former. Signed on this FIFTEENTH day of SEPTEMBER in the year of our Lord TWO-THOUSAND-TWENTY-ONE, PAGE 9 — THECONSTITUTION OF THE GREAT STATE OF ATOLL ---