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Ratified by the Preliminary Citizens of Mount Augusta Discord on 19-05-2022
WHEREAS: Mount Augusta has existed on all major Civ-genre servers since CivCraft 1.0,
WHEREAS: CivClassic saw the splintering of Mount Augusta into various successor states,
WHEREAS: There is a desire to revive Mount Augusta for the CivMC server,
RESOLVED: We hereby adopt this Constitution as the highest law of Mount Augusta.
# Constitution of Mount Augusta
## Article I. Basic Provisions
### Chapter A. Rule of Law
1. This Constitution is the highest law of Mount Augusta.
2. All within the jurisdiction of Mount Augusta are bound by this Constitution.
3. In case of any conflict between laws,
1. This Constitution takes precedence over all other laws,
1. Between other laws, the newest takes precedence,
1. If clauses in a law contradict each other, the latest takes precedence,
1. If a clause of a law contradicts itself, it is considered void.
### Chapter B. Rights
1. <span id="I-B-1"></span> All people have the following freedoms which must not be nullified by law:
1. Freedom of belief,
1. Freedom of expression,
1. Freedom of speech,
1. Freedom of assembly,
1. Freedom to own property.
2. The rights listed in [I.B.1](#I-B-1) may be given conditions and restrictions as are necessary to:
1. protect the rights and safety of others,
1. ensure the enforcement of justice,
1. prevent the disclosure of information received in confidence,
1. maintain the authority and impartiality of the Court.
3. <span id="I-B-2"></span>There must be no discrimination based on characteristics outside a person's direct and immediate control, such as, but not limited to: sex, gender, sexuality, race, ethnicity, class, etc.
4. All are granted equality before the law, as such:
1. All are to receive the same benefits, protections, and opportunities provided,
1. All are expected to fulfill their responsibilities under the law.
5. Citizens have the right to register to vote, run for office, and take office if elected.
6. Registered voters have the right to propose legislation and cast valid votes.
7. All have the right to appeal a judicial verdict not issued by the full Court, and are obligated to adhere to court rulings.
### Chapter C. Citizenship and Voter Registration<span id="I-C"></span>
1. A citizen of Mount Augusta is defined as any player who owns or rents property inside its borders that have not been excluded from citizenship as described in [I.C.5](#I-C-5).
2. A citizen may register to vote by taking a third-person screenshot at a Voter Monument set by law and submitting it to the #voter-registration channel.
3. A registrant who is not already a registered voter must wait seven days before they become a registered voter and so may cast a valid vote on any in progress vote.
1. During this seven-day period, the registrant will not be able to cast a valid vote.
1. After this seven-day period, the registrant is considered a registered voter.
4. Registration expires after two months. A registered voter may post a new third-person screenshot at a Voter Monument to extend their registration another two months from date of renewal, thereby skipping the typical seven-day wait period.
5. <span id="I-C-5"></span>A person may be barred from citizenship by majority vote of the Court along with the approval of the Governor. Such a ruling may be overridden by a bill as in [II.D](#II-D).
## Article II. Voting
### Chapter D. Bill and Amendment Voting<span id="II-D"></span>
1. <span id="II-D-1"></span> Registered voters have the right to propose legislation. Messages with proposed legislation are to begin with "Bill Vote" and be posted in the #bills channel.
1. Amendment proposals must show the extant text being changed alongside the replacement or new text.
2. Registered voters may cast a vote for or against the proposed legislation any time within 48 hours of the initial message being posted.
1. A valid vote is one cast by someone who is registered at any point during the voting period.
1. If a voter casts two contradictory valid votes, the latest is counted.
1. If a vote does not express either support or opposition, it must not be counted.
3. After 48 hours of the initial message being posted, a message starting with "Bill Result" must be posted in the #citizen-announcements channel, counting valid votes and determining the result.
1. Proposed legislation requires a simple majority of cast votes in favor to pass.
1. Proposed legislation that amends the Constitution requires 3/5ths supermajority of valid cast votes in favor to pass.
1. Proposed legislation to declare an offensive war requires 2/3rd supermajority of valid cast votes in favor to pass.
1. Proposed alliances requires 2/3rd supermajority of valid cast votes in favor to pass.
### Chapter E. Election and Recall Procedure
1. <span id="II-E-1"></span>Whenever a Judge or Governor seat is either going to be vacant within four days by law or is currently vacant, a government official is to post a message starting with "Candidature" and naming the position for vote in the #elections channel.
1. Any citizen may declare or withdraw their candidacy any time within 48 hours of the Candidature message.
2. <span id="II-E-2"></span>After the Candidature period has ended, a government official is to post a message starting with "Election" and naming the position for vote in the #elections channel.
1. Any registered voter may cast or edit their vote for any candidate any time within 48 hours of the Election message.
1. <span id="II-E-2b"></span>Cast votes may rank candidates from the voter's most to least preferred and do not require all candidates to be ranked. When counted, the candidate with the least votes is eliminated, with the votes cast for them going to each ballot’s next preferred candidate, or if there is no other preferred candidate the ballot is removed from consideration. If there is a tie for lowest-voted candidate, whichever has the least next preference votes must be eliminated. This process of elimination and redistribution continues until a candidate has a majority of valid votes in favor, and this candidate is the winner of the election and takes office.
1. After the voting period has ended, a government official is to post a message starting with "Election Results" to the #citizen-announcements channel and naming the winner of the election as determined in [II.E.2b](#II-E-2b).
3. Registered voters have the right to recall any government official from office. Any registered voter may post a message starting with "Recall" in the #elections channel and naming the individual they wish to remove from office.
1. Any registered voter may cast or edit their vote any time within 48 hours of the Recall message.
1. After the 48 hour voting period, a government official must post a message starting with "Recall Result" is to be posted in #citizen-announcements and containing the result of the vote. If the majority of valid votes cast in favor are in support of recalling, the position is immediately vacated.
1. If an elected position is vacated either through recall or resignation, a new election must be held to fill the position for the rest of the original term.
4. There are three Judges, each elected to three month terms, staggered so that there is one election per month. The Governor is elected to a two month term, staggered slightly to avoid coinciding with a Judge election.
5. No person may hold more than one government position at any time. If a person holds more than one position, they must resign from positions until they only hold one.
## Article III. Government
### Chapter F. Office of the Governor
1. The Governor acts as the chief representative of Augusta internally and externally.
1. The Governor or their delegate(s) is responsible for negotiating treaties on behalf of Mount Augusta, but any treaty must be passed by registered voters.
1. The Governor or their delegate(s) should pursue peaceful relations and solutions whenever possible, using militia action as the very last choice.
2. The Governor or their delegate(s) organizes and maintains public spaces and resources on behalf of the people. Examples of this include, but are not limited to:
1. Voter Monument(s),
1. Citizen factories,
1. Transportation infrastructure,
1. Military infrastructure.
3. If the Court is tied in an appellate trial vote, the Governor may cast a tie-breaking vote.
### Chapter G. The Cupboard
1. The Governor may appoint citizens to Cupboard positions, delegating any of their powers to them, or otherwise filling positions as required by law.
1. The Governor cannot grant formal powers that are not already granted to the Governor or granted to that position through law.
2. Cupboard officials may be recalled through the regular recall process.
### Chapter H. Autonomous Regions
1. "Autonomous regions may be created, modified, and dissolved through a regular bill as in [II.D](#II-D). When created, they must be given a defined border.
2. Autonomous regions may pass local laws through majority vote of local citizens, provided they do not conflict with national law. Examples include, but are not limited to:
1. Building codes and regulations,
1. Extra criminal offenses,
1. Election of a Mayor,
1. More restrictive local citizenship requirements.
3. Only local citizens who are registered to vote through the process described in [I.C](#I-C). may cast valid votes in local affairs.
1. A local citizen is, by default, any person who owns or rents property in the borders of the Autonomous Region who is not blocked from citizenship as allowed in [I.C.5](#I-C-5). Local citizenship can be made more restrictive through local law.
1. Local citizenships are on a region-by-region basis. A person can hold multiple local citizenships as long as not blocked by local law.
## Article IV. The Court
### Chapter I. Office of Judge and The Court
1. The Judges are to oversee legal trials, ensure procedure is followed, interpret and apply the laws, and preserve the rule of law in Augusta.
2. Judges must not preside over any non-appellate trial in which they have a vested interest in the outcome.
3. Judges interpret laws as needed for their application.
4. The Court has final authority over all pearls held within the borders of Mount Augusta. No pearl may be held in Mount Augusta except as prescribed by law.
5. The Court may issue Court Orders to compel or prohibit a specific person or group from any actions as determined necessary for the enforcement of law.
### Chapter J. Trial Procedure<span id="IV-J"></span>
1. <span id="IV-J-1"></span>All basic trials are subject to the following guideline:
1. The claimant requests a trial in #trial-requests, naming the respondent and their claims against the respondent.
1. A Judge agrees to oversee it, becoming the Presiding Judge of the case. If the Presiding Judge leaves office before the trial has ended, another Judge must agree to oversee it, replacing the former Presiding Judge, and continuing from where the former Presiding Judge left off.
1. The trial must be held in a public courtroom channel which can be accessed by all parties to the case and any counsel they have chosen.
1. The claimant or their counsel presents their claims against the respondent.
1. The respondent or their counsel enters their plea of 'guilty' or 'not guilty.'
1. The respondent and their counsel, the claimant and their counsel, and the Presiding Judge review all evidence, hear witnesses, and deliberate as long as necessary to fully understand the claim and circumstances around it.
1. If the respondent or their counsel entered a not guilty plea, the Presiding Judge determines if the respondent is guilty.
1. If the respondent entered a guilty plea or is determined to be guilty, the Presiding Judge determines a sentence as allowed by law.
1. The verdict and its justification are logged in the previously mentioned channel, and the case is declared over.
1. Any time during the trial, the claimant may drop any or all charges. If all charges are dropped, the case is declared void.
2. Trials over breach of contract follow the guideline in [IV.J.1](#IV-J-1) with the following changes:
1. If the Presiding Judge determines that the contract in question is coercive, unfair, illegitimate in origin or stipulation, and/or conflicts with established law, then the contract is considered to have never been applicable and the case ends with the respondent found not guilty regardless of plea.
1. In the case of a guilty verdict, the Presiding Judge can only compel the respondent to relinquish property as reparations, they cannot compel the respondent to perform non-consensual labor or serve a pearl sentence.
3. All basic trials will follow the procedure written below:
1. The plaintiff presents the claim.
1. The defendant enters the plea, which may be "guilty", "not guilty" or "no contest".
1. The plaintiff presents arguments and evidence, including calling witnesses.
1. The defendant addresses the plaintiff's argument and evidence including cross-examining witnesses, and presents its own argument and evidence, including calling witnesses.
1. The plaintiff addresses the defendant's argument and evidence including cross-examining witnesses, and presents its own argument and evidence, including calling witnesses.
1. Step d. and e. alternate, with the plaintiff and defendant taking turns respectively. This continues until either the plaintiff or defendant chooses to rest its case instead of presenting argument and evidence on its turn; the trial then moves to step g.
1. The plaintiff gives their closing statement.
1. The defendant gives their closing statement.
1. The court (or a delegated judge) deliberates and gives judgment, including guilty or innocent , and the penalties if applicable as "[Judgement]: ......" in the appropriate courtroom.
### Chapter K. Appeals and Retrials
1. Appeals proceed as follows:
1. If any party to a finished case feels that the verdict is unjust or unlawful, they may appeal the trial to all current Judges organized as the Court.
1. The Court must choose whether or not to hear the appeal through majority vote of current Judges.
1. If the appeal is accepted, the Court oversees the trial following the guidelines in [IV.J](#IV-J) except that all instances of ‘Presiding Judge’ are replaced with ‘Court.’ The Court's verdict is final and cannot be appealed.
1. All Judges of the Court preside over the trial together, determining guilt, sentencing, and/or reparations through majority vote within the Court.
1. If the appeal is not accepted, the previous verdict is upheld and the case cannot be appealed again.
2. If any party to a finished case feels that the trial was mismanaged or biased, they may request a retrial from the Court.
1. If the Court accepts the retrial, the former verdict is overruled and a new trial begins again as in [IV.J](#IV-J) except the Presiding Judge from the former trial is barred from presiding over the case.
1. If the Court denies the retrial, the former verdict is upheld.
1. Cases which have been retried may still be appealed.
### Chapter L. Legal Rights, Limitations, and Extradition
1. Two or more parties may enter into fully voluntary, fair contracts which are protected by Mount Augustan law.
2. No claim may be brought to an issue over four months old.
3. No claim may be brought by somebody not party to the claim.
4. A pearl may be held without trial for a maximum of two weeks, at which point the pearled must either stand trial or be released.
5. A player must only be pearled if they are a flight risk, or as necessary for the enforcement of law.
6. All parties to a trial are entitled to know the nature of the charges, applicable law, and any applicable legal precedent.
7. All parties to a trial are entitled to know how the trial is proceeding - when it starts, enters different phases, ends, and when the judgment is released.
8. A foreign entity may request to have a pearl extradited from Mount Augusta into their jurisdiction. This request must be put to vote as described in [II.D](#II-D).
## Article V. Property
### Chapter M. Definition and Registration
1. Ownership of property grants the owner(s) right to exclusive possession, use, and alteration of the property - including land, items, entities, reinforcements, and blocks.
2. A person or group may acquire land by developing previously undeveloped land, and then registering it within the property-registration channel of the official Mount Augusta discord.
1. <span id="V-M-2a"></span>In the case of group ownership, each owner is considered to have an equal stake, with decisions on sale or destruction requiring the consent of a majority of owners. Rights of possession and exclusion are held by all owners.
3. The Government of Mount Augusta may own property on behalf of the people. This property is overseen by the Governor or their delegate(s), with the Governor and all Judges considered owners as described in [V.M.2a](#V-M-2a).
1. When a new Governor is elected, the former Governor is to transfer ownership of all Government property namelayer groups to the new Governor.
1. The Government, through the Governor, may register and/or derelict land in order to bring it under Government ownership.
4. A person may not lose registered ownership over land except through dereliction, contract, sale, gift, or court order in land dispute cases.
### Chapter N. Dereliction
1. A person may derelict claimed land and gain ownership of it through the following process:
1. The person places a sign on or directly next to the land they intend to derelict, containing on the first line the word 'Dereliction,' on the second their username ingame and/or on Discord, and on the third the date they are placing the sign.
1. The person must post a message in #dereliction specifying the precise area of land they are derelicting and their username ingame.
1. The land owner must remove the sign ingame and/or post a message in #dereliction denying the request within seven days, or their property is forfeited to the person derelicting it.
1. A person may not make more than five dereliction attempts within the same week, defined as beginning on Monday and ending on Sunday, in the UTC timezone.
2. Any Judge or the Governor may deny a dereliction if they deem the request frivolous or unjustifiable.
3. A dereliction request is automatically invalid in its entirety if it is made less than seven days after another dereliction by the same person on any of the same land.
## Article VI. Miscellaneous Provisions
### Chapter O. Symbols of Augusta
1. The flag of Mount Augusta consists of a blue field charged with a red chevron on the fly.
1. Emblazoned as "party per chevron couched from dexter gules and azure."
2. All mentioned channels are in the Mount Augusta Discord.
### Chapter P. Territory and Borders
1. The domain and jurisdiction of Mount Augusta consists of ingame territory claimed by a regular bill as in [II.D](#II-D), the subreddit r/mtaugusta, and the Mount Augusta Discord.
2. Within these borders, all laws and regulations of Mount Augusta apply above all else.
## Article VII. Launch Provisions<span id="VII"></span>
### Chapter Q. Timing and Manner of First Elections<span id="VII-Q"></span>
1. The first election process will begin when Mount Augusta has established land claims.
2. For the first election, all three Judges are elected at the same time, following the election process described in [II.E.1](#II-E-1) and [II.E.2](#II-E-2) except that the elimination and redistribution process described in [II.E.2b](#II-E-2b) is to stop when there are three candidates remaining. The one with the most votes is to serve a 3 month term, second most is to serve a 2 month term, third most is to serve a 1 month term. If there is a tie, whichever candidate has the most next preference votes is considered the winner. After the first three Judges are elected, the first Governor election must begin as described in [II.E.1](#II-E-1) and [II.E.2](#II-E-2).
### Chapter R. Ratification, Voter Registration, and the Provisional Governor
1. When signed by a 3/5ths supermajority of preliminary citizens of Mount Augusta, this Constitution is formally adopted as the highest law of Mount Augusta.
2. When this Constitution is adopted, preliminary citizens who ratified this Constitution are granted full voter registration, bypassing the usual three day wait period.
3. Until the first Governor is elected, RedDevel will act as Provisional Governor with all the powers, rights, and responsibilities of the office of Governor. The Provisional Governor directs efforts to find a suitable location for Mount Augusta, oversees the formation of land claims, and organizes and runs the first elections as described in [VII.Q](#VII-Q).
### Chapter S. Safe Removal and Provisional Action
1. After the first Governor and Judges have been elected as described in [VII.Q](#VII-Q), Article [VII](#VII) may be safely removed from this Constitution through regular Constitutional amendment procedure described in [II.D](#II-D).
2. Actions taken and/or ordered by the Provisional Governor prior to the election of the first Governor which were considered necessary to found, protect, and secure prosperity for Mount Augusta cannot be brought up in Court.