AHSCA Constitution

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The Constitution of the United Island States of AHSCA is the supreme law of the nation. It is the framework for the organization of the Royal and Federal government and for the relationship of the federal government with the states, citizens, and all people within the United Island States.

The first three Articles of the Constitution establish the three branches of the national government: a legislature, the unicameral Congress; an executive branch led by the President; and a judicial branch headed by the Supreme Court. They also specify the powers and duties of each branch. All unenumerated powers are reserved to the respective states and the people, thereby establishing the federal system of government.

The Constitution was adopted on March 17, 2007, by the Constitutional Convention on Aurora Island, and ratified by conventions in each state in the name of "The People".

The Constitution hold a central place in United States law and political culture. The handwritten original document penned by the Founders Council and is on display at the National Archives and Records Administration in Aurora.


[edit] History

During The War for Unification the islands seeking to end the occupation by the foreign powers and no longer being subjected to protectorate status by a foreign state had declared themselves independent as a fully sovereign state not under the control and jurisdiction of any nation. Wanting to solidify this in the minds of other foreign nations the Founders Council which comprised of all island's leaders and highly educated gathered together on Aurora Island to draft a binding document to unite the states and establish a system of Government.

The first meeting began as early as December 31, 2006 but war occupation and fighting forced most to remain in hiding or on the battlefields. Taking advantage of a momentary ceasefire brought on by a major hurricane the leaders once again assembled in several rusted out bunkers along the island leftover from previous occupations and the current one. Delegates from each island discussed what kind of a Government could they establish and what laws should govern all people and what matters should be decided by the states themselves. With an island mostly comprised of Monarchies and one Tribal State, each of the states agreed to forming a Central Monarchy but allowing each island to maintain their own system of governing. With duchess Shino Villa still a POW much of it was formed with her ideals in mind. Shino had long been desiring the islands to unite under Aurora's Duchy Government and now with the islands being held by several foreign interests the matters were more pressing.

[edit] Articles of the Constitution

Each article defines the purpose of the Government and the power granted to the States and its people. Under the law the AHSCA Constitution can be altered changed and amended upon through a Meeting of Congress and Island State Leaders through a Constitutional Convention. Currently no other Constitutions Conventions have been called since the first Convention.

[edit] Preamble

The Preamble to the AHSCA Constitution is a brief introductory statement of the Constitution's fundamental purposes and guiding principles. It states in general terms, and courts have referred to it as reliable evidence of, the intentions regarding the Constitution's meaning and what they hoped the Constitution would achieve.

"We the People of these United Island States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of AHSCA.

[edit] Article One

Article One describes the Congress, the legislative branch of the federal government. The United States Congress is a unicameral body comprised of Two Senators from each island.

The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent. Senators must be at least 15 years old, be a citizen, and live in the state they represent.

Article I, Section 1, reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." This provision gives Congress more than simply the responsibility to establish the rules governing its proceedings and for the punishment of its members; it places the power of the government primarily in Congress.

Article I Section 8 enumerates the legislative powers. The powers listed and all other powers are made the exclusive responsibility of the legislative branch:

The Congress shall have power... To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Article I Section 9 provides a list of eight specific limits on congressional power and Article I Section 10 limits the rights of the states.

The United States Supreme Court has interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly listed in the enumerated power nor expressly denied in the limitations on Congress.

[edit] Article Two

Section analysis

Section 1 defines the purpose of the Royal Government and the powers of the Duchess or Duke. It also expands on the powers of the Royal Family of the Islands.

  • Succession. Section 1 specifies that the if the Duchess/Duke is removed, unable to discharge the powers and duties of office, dies while in office, or resigns. Specifically the Surviving Spouse will take charge or the Oldest Heir if the Heir is above the age 13 and not in active duty tour in the Militia.
  • Pay. The Duchess/Duke receives "Compensation" for being the president, and this compensation may not be increased or decreased during the president's term in office. The president may not receive other compensation from either the United States or any of the individual states.

Section 2 grants substantive powers to the Duchess/Duke:

  • Commander in Chief of the United States Armed Forces, and of the state militias when these are called into federal service.
  • May require opinions of the principal officers of the federal government.
  • May grant reprieves and pardons, except in cases of impeachment (i.e., they cannot pardon himself or herself to escape impeachment by Congress).
  • The president may make treaties, with the advice and consent of the Congress and within the bounds of the Constitution.
  • With the advice and consent of the Congress, the President may appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not otherwise described in the Constitution.
  • May make any of these appointments during a congressional recess. Such a "recess appointment" expires at the end of the next session of Congress.

Section 3 opens by describing the Duke/Duchess relations with Congress:

  • They report on the state of the union.
  • May convene in the Congress.

Section 3 adds:

  • The president receives ambassadors.
  • The president sees that the laws are faithfully executed.
  • The president commissions all the offices of the federal government.

Section 4 provides for removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

[edit] Article Three Powers of the Armed Forces

Article Three describes the Armed Militia of The UIS including the rules and states of Warfare. It outlines the Manners of the Militia acting as the Military and Unified Law Enforcement of AHSCA islands its territorial waters.

  • An act of aggression against the UIS is just cause of War.
  • AHSCA cannot participate in a war abroad without just cause of an attack against the Republic.
  • States shall maintain their own well organized militia while still under the Jurisdiction of the
  • Anyone acting under the Conduct of the Militia shall be in Uniform for military action or police action.
  • No militia soldier shall

[edit] Article Four: States' powers and limits

Article Four outlines the relation between the states and the relation between the federal government. In addition, it provides for such matters as admitting new states as well as border changes between the states. For instance, it requires states to give "full faith and credit" to the public acts, records, and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records, or proceedings may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Hoshino Island convicted of crimes within Corona Island). It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Today, this provision is sometimes taken for granted, especially by citizens who live near state borders; but in the days before the republic, crossing state lines was often a much more arduous and costly process. Article Four also provides for the creation and admission of new states. The Territorial Clause gives Congress the power to make rules for disposing of federal property and governing non-state territories of the United States. Finally, the fourth section of Article Four requires the United States to guarantee to each state a republican form of government, and to protect the states from invasion and violence.

[edit] Article Five: Commerce

Article V outlines the details of commerce within AHSCA and it's territories. It defines the currency used between all islands and establishes the Mint of the UIS. The article also outlines the matter of income tax and the powers of Congress and the Royal Family to levy other taxes as a means of funding the Treasury.

  • Island Credit is the legal currency of the UIS and outlying territories.
  • AHSCA Mint is established as the authorized Printer of Currency and distributor of currency.
  • Congress levies an income tax for those residents of the islands. For other taxes to be levied a joint session of the Royal Family, The Leaders of Each State and the Congress must be called with a full vote to be taken on. No Island Leader nor the Royal Family may levy any other tax on the populous without a joint session and an adoption by a majority 2/3 vote.

[edit] Article Six: Federal power

Article Six establishes the Constitution, and the laws and treaties of the United States made according to it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It also requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state. Article Six also states "no religious test" shall ever be required as a Qualification to any Office or public Trust under the United Island States.

[edit] Article Seven: Ratification

Article Seven sets forth the requirements for ratification of the Constitution. The Constitution would not take effect until at least nine states had ratified the Constitution in state conventions specially convened for that purpose, and it would only apply to those states that ratified it.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

[edit] Article Eight

Article Eight outlines Citizenship in the United Island States. Citizenship is already granted to:

  • Those born within the borders of the islands of AHSCA and outlying territories.
  • Those born to families of islanders while outside the Federal Territory of AHSCA and outlying territories.
  • Those residing in the nation of Carnelian Island.
  • Those who have resided for a period of more than ten years.

The clause of giving citizenship if born outside applies to the thousands of refugees who fled during the war. The framers of the Constitution felt it would be easier to have people return to the islands without the need to apply for citizenship for each family member. This clause still applies today, for example a citizen living outside the islands not only retains their citizenship but any children born to them is also granted citizenship.

The article further specifies for those seeking citizenship.

Citizenship may be applied and granted to those:

  • Seeking refuge from persecution
    • Article specifically applies to Animalpolis Island only, no other state has ratified this clause.
  • Those not coming from nations considered hostile to the UIS.
  • Those married to a citizen of the States.
  • Who have resided for four years and have not become citizens.
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