Cannon Law of Texas

The Cannon Law of Texas was a law proposed to the General Assembly of Cycoldia as a replacement to the Constitution of the Grand Republic of Cycoldia. It failed the General Assembly of Cycoldia with a vote of 5-0 (15 members not voting) on 21 May. This caused Cycoldia to declare independence from the United Imperial Empire, winning a war for independence, which the revolt is now referred (at least by the Cycoldian government) as the Glorious Rebellion.

Bill

Cannon Law of Texas

Preamble

As the constituent rides upon the ideal that all men, women, and children shall have the right Life, Liberty, and Property. Under this said Constitution, we the people, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, hereby do so establish the values and rules of the Archduchy of Texas.

Article I

§I. The power of the Executive branch shall be vested in the Archduke or the Archduchess, the elected Governor and their appointed cabinet. The Archduke has authority in only the Archduchy of Texas, granted and subjective to the Emperor of the Empire. -The title of archduke will be a heredity title passed down to their kin. -The title of the Archduke will, if a male, be styled as the Archduke, and if it is a female, then it will be Archduchess. -The Archduke has the power to appoint his cabinet, one minister for each ministry, with the majority approval of the Archduchy’s House of Commons. -The Archduke is the Corporal in Chief of the Archduchy’s Armed forces. Subject to Imperial authority. The Emperor who is Commander in Chief of the entire armed forces. -The Archduke can appoint justices of the Supreme Court of the Archduchy, confirmed by the House of Lords. -The Archduke can appoint the peerage of Dukes and Earls of the Archduchy. As well as appoint the aristocracy to the House of Lords. -The Archduke can use the power of veto, to laws that are passed by both Parliament and the Governor.

§II. The Governor will be elected by the Archducal Parliament, the Parliament, who is to represent the people of the Archduchy. - They shall hold this Office during the Term of four Years, and, together with the Deputy Governor, chosen for the same Term, be elected, as follows:

-The Governor has the power to consult, given and reviewed to and by the Archduke.

-For proper legislation to occur, laws do require the authority of the Governor.

• This can ultimately be overruled by parliament with a supermajority of the House of Commons.

Article II

§I. The legislative power of the Archduchy is herein granted in the Grand Archducal Parliament of Texas, consisting of a House of Commons and House of Lords but the people reserve to themselves the power to propose to the Parliament laws and amendments to the Cannon Law, and to adopt or reject the same at the polls on a referendum vote as hereinafter provided. They also reserve the power to adopt or reject any law, section of any law. The limitations expressed in the Cannon Law, on the power of the Parliament to enact laws, shall be deemed limitations on the power of the people to enact laws.

§II. The initiative and referendum powers are hereby reserved to the people of each municipality on all questions which such municipalities may now or hereafter be authorized by law to control by legislative action; such powers shall be exercised in the manner now or hereafter provided by law.

-The House of Commons shall be proportional in population of the districts of the Archduchy, elected directly by the people to represent them in Parliament.

• The ratio of representatives to census can be altered, expanded or contracted.

-Members of the House of Commons will hold office for every six years and can run for two terms, but must spend one term out of office before reelection.

• Every two years, one third of the House of Commons is up for reelection to keep parliament new and fresh.

-The House of Commons can levy taxes, with the Archduchy keeping a portion and the Imperial Government to keep another proportion. This is decided by the Imperial Parliament of the Empire.

-The House of Commons can also make laws, and deal with domestic affairs.

-A member of the House of Commons cannot become a Lord while in office.

-The House of Lords shall be one for the Lords appointed by peerage or by blood, and represents the Duchy’s, and Earldoms.

-The Lords must attend session when parliament is called by the Governor or the Archduke.

-The Lords are appointed for life, unless the Archduke revokes the title given to a member, then they are no longer granted a position in the House of Lords.

-Lords cannot run for the House of Commons, while they can remain a part of the aristocracy, but not the Lords, then they are permitted.

 

Article III

§I. The Judicial power of the Archduchy is vested in the Supreme Court of Texas, courts of appeals, courts of common pleas and divisions thereof, and such other courts inferior to the Supreme Court as may from time to time be established by law.

§II. The Supreme Court shall, until otherwise provided by law, consist of seven judges, who shall be known as the chief justice and justices. In case of the absence or disability of the chief justice, the judge having the period of longest total service upon the court shall be the acting chief justice. If any member of the court shall be unable, by reason of illness, disability or disqualification, to hear, consider and decide a cause or causes, the chief justice or the acting chief justice may direct any judge of any court of appeals to sit with the judges of the supreme court in the place and stead of the absent judge. A majority of the Supreme Court shall be necessary to constitute a quorum or to render a judgment.

- The Supreme Court shall have original jurisdiction in the following:

i) (a) Quo warranto;

ii) (b) Mandamus;

iii) (c) Habeas corpus;

iv) (d) Prohibition;

v) (e) Procedendo;

vi) (f) In any cause on review as may be necessary to its complete determination;

vii) (g) Admission to the practice of law, the discipline of persons so admitted, and all other matters relating to the practice of law.

- The supreme court shall have appellate jurisdiction as follows:

-In appeals from the courts of appeals as a matter of right in the following:

viii) Cases originating in the courts of appeals;

ix) Cases in which the death penalty has been affirmed;

x) Cases involving questions arising under the constitution of the United States or of this state.

xi) In appeals from the courts of appeals in cases of felony on leave first obtained,

xii) In direct appeals from the courts of common pleas or other courts of record inferior to the court of appeals as a matter of right in cases in which the death penalty has been imposed;

xiii) Such revisory jurisdiction of the proceedings of administrative officers or agencies as may be conferred by law;

xiv) In cases of public or great general interest, the supreme court may direct any court of appeals to certify its record to the supreme court, and may review and affirm, modify, or reverse the judgment of the court of appeals;

xv) The Supreme Court shall review and affirm, modify, or reverse the judgment in any case certified by any court of appeals pursuant to section 3(B)(4) of this article.

xvi) No law shall be passed or rule made whereby any person shall be prevented from invoking the original jurisdiction of the supreme court.

xvii) The decisions in all cases in the Supreme Court shall be reported, together with the reasons therefor.

§III. In case the office of any judge shall become vacant, the vacancy shall be filled by appointment by the Archduke.

§IV. The judge’s terms are their lifespan and can only serve in while in a stable state of mind.

§V. In addition to all other powers vested by this article in the supreme court, the supreme court shall have general superintendence over all courts in the state. Such general superintending power shall be exercised by the chief justice in accordance with rules promulgated by the Supreme Court.

- The Supreme Court shall appoint magistrates who shall assist the chief justice and who shall serve at the pleasure of the court. The compensation and duties of the administrative director shall be determined by the court.

Article VI

§I. Inalienable Rights.

-All men are, by nature, free and independent, and have certain unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.

§II. Freedom of Religion, Speech, and the Press.

-Parliament shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

§III. Bearing arms, standing armies, military powers.

-The people may keep well-regulated Militia, the right of the people to keep and have the right to bear arms for their defense and security, but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up.

§VI. Protection from Unreasonable Searches and Seizures.

-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 warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

§V. Trial by jury.

-The right of trial by jury shall be inviolate, except that, in civil cases, laws may be passed to authorize the rendering of a verdict by the concurrence of not less than three-fourths of the jury.

 

Article V

§I. Either branch of Parliament may propose amendments to this Cannon Law, and, if the same shall be agreed to by three-fifths of the members elected to each house, such proposed amendments shall be recorded, with the yeas and nays, and shall be filed with the minister of state at least fifteen 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 Parliament may prescribe.

Article VI

§I. The Limitations of the Archduchy of Texas are hereby stated.

(i) The Archduke nor the government of the Archduchy can declare war, that power lies with the Imperial Government.

(ii) The highest authority of the Archduchy of Texas is the Imperial Government.

(iii) All laws proposed and passed must be sent to the Imperial Crown for review and conformation.

1. If there is no reply within seven days, then it is considered as passed.

(iv) The Imperial Crown has the power to review the peerage appointed by the Archduke and can appoint its own.

(v) The capital of the Archduchy of Texas will be Houston, this can be changed and moved using the amendment process and confirmation of the Imperial Parliament.

(vi) Imperial Government intervention in the Government of the Archduchy is permitted.

(vii) Upon the ratification of this Cannon Law, acting as a constitution, the Grand Republic of Cycoldia, will be completely re-established as the Archduchy of Texas. And the title of “Summi Imperator” will be renamed as the Archduke of Texas.

(viii) The Archduchy cannot secede from the Empire, doing so will be considered as rebellion and will be proceeded by war.

1. The only possible way for a territory to legally secede from the Empire is by a grant of independence from the Emperor.

(ix) The Archduchy of Texas will be required the Imperial Pound to be used as its official Currency, however the US dollar is also permitted until it is deemed as useless.

(x) The Emperor is the official head of state of all the archduchies including the Archduchy of Texas.

(xi) The Emperor has the power to raise troops from the Archduchy and is allowed to use the Armed Forces of Texas for use in the Imperial Armed Forces.

(xii) The Imperial Parliament has the power to raise taxes and demand funds from the Archduchy.

(xiii) The General Assembly will be restyled as the Grand Archducal Parliament of Texas.

(xiv) The Government of Cycoldia will be restyled to meet the requirements as an Imperial Bicameral, Archducal Government.

Article VII

§I. This article is for amendments.