Constitution of Andany

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Flag Map of Andany.png This article relates to the Principality of Andany. CoA Andany.png

Preamble

We, the Citizens of the Principality of Andany, in order to secure Life, Liberty and Property, for ourselves and future generations, do ordain and establish the Constitution of the Principality of Andany, a democratic, semi-crowned republic/principality, attempting a harmonious consensus for the benefit of all those willing to assume responsibility over the course of their lives. Being aware of a long and shameful list of governments’ trespasses to the Rights of the sovereign Individuals, we hereby declare that the Public Administration governing the Principality of Andany, shall first and foremost respect the Bill of Rights and exercise only such functions as have been delegated to it under this Constitution. Therefore, we declare that whenever the Public Administration becomes an obstacle to, rather than a guarantor of, our Rights, it shall be our duty to alter or abolish such government, and to institute a new government for the restoration of the Rights which we consider inherent in all human beings.

Amendment I

The National Assembly 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.


Amendment II

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment III

A well regulated militia, being necessary to the security of a free Principality, the right of the people to keep and bear arms, with the full and written consent of the current Prince and Department of Defense, shall not be infringed.

Amendment IV

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.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the Principality and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his/her defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty Regals, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the Principality of Andany, than according to the rules of the common law.

Amendment VIII

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment IX

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment X

The powers not delegated to the Principality of Andany by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Amendment XI

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

Amendment XII

The Electors shall meet in their respective states and vote by ballot for Prime Minister and Secretary of State, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as Prime Minister, and in distinct ballots the person voted for as Secretary of State, and they shall make distinct lists of all persons voted for as Prime Minister, and of all persons voted for as Secretary of State, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for Prime Minister, shall be the Prime Minister, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as Prime Minister, the House of Representatives shall choose immediately, by ballot, the Prime Minister. But in choosing the Prime Minister, the votes shall be taken by states, the representation from each state having two votes; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a Prime Minister whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Secretary of State shall act as Prime Minister, as in case of the death or other constitutional disability of the Prime Minister.-- The person having the greatest number of votes as Secretary of State, shall be the Secretary of State, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Secretary of State; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of Prime Minister shall be eligible to that of Secretary of State of the Principality of Andany.

Amendment XIII

§1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the Principality of Andany, or any place subject to their jurisdiction.

§2. The National Assembly shall have power to enforce this article by appropriate legislation.


Amendment XIV

§1. All persons born or naturalized in the Principality of Andany, and subject to the jurisdiction thereof, are citizens of the Principality of Andany and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the Principality of Andany; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

§2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for Prime Minister and Secretary of State of the Principality of Andany, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the Principality of Andany, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

§3. No person shall be a Senator or Representative in the National Assembly, or elector of Prime Minister and Secretary of State, or hold any office, civil or military, under the Principality of Andany, or under any State, who, having previously taken an oath, as a member of the National Assembly, or as an officer of the the National Assembly, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the Principality of Andany, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But the National Assembly may by a vote of two-thirds of each House, remove such disability.

§4. The validity of the public debt of the Principality of Andany, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the Principality of Andany nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the Principality of Andany, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

§5. The National Assembly shall have the power to enforce, by appropriate legislation, the provisions of this article.

Amendment XV

§1. The right of citizens of the Principality of Andany to vote shall not be denied or abridged by the Principality of Andany or by any State on account of race, color, or previous condition of servitude.

§2. The National Assembly shall have the power to enforce this article by appropriate legislation.

Amendment XVI

The National Assembly shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration; only if a resident of the Principality of Andany for the first two years of residence in Andanian territorial claims.

Amendment XVII

The Senate of the United States shall be composed of three Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Amendment XVIII

§1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating drugs within, the importation thereof into, or the exportation thereof from the Principality of Andany and all territory subject to the jurisdiction thereof for non-medical purposes is hereby prohibited.

§2. The National Assembly and the several States shall have concurrent power to enforce this article by appropriate legislation.

§3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the National Assembly.

Amendment XIX

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the National Assembly.

Amendment XX

§1. The terms of the Prime Minister and the Secretary of State shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3rd day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

§2. The National Assembly shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

§3. If, at the time fixed for the beginning of the term of the Prime Minister, the Prime Minister elect shall have died, the Secretary of State elect shall become Prime Minister. If a Prime Minister shall not have been chosen before the time fixed for the beginning of his term, or if the Prime Minister elect shall have failed to qualify, then the Secretary of State elect shall act as Prime Minister until a Prime Minister shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Secretary of State shall have qualified, declaring who shall then act as Prime Minister, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a Prime Minister or Secretary of State shall have qualified.

§4. The National Assembly may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a Prime Minister whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Secretary of State whenever the right of choice shall have devolved upon them.

§5. Sections 1 and 2 shall take effect on the 2nd day of June following the ratification of this article.

§6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Amendment XXI

§1. No person shall be elected to the office of the Prime Minister more than twice, and no person who has held the office of Prime Minister, or acted as Prime Minister, for more than two years of a term to which some other person was elected Prime Minister shall be elected to the office of Prime Minister more than once. But this Article shall not apply to any person holding the office of Prime Minister when this Article was proposed by National Assembly, and shall not prevent any person who may be holding the office of Prime Minister, or acting as Prime Minister, during the term within which this Article becomes operative from holding the office of Prime Minister or acting as Prime Minister during the remainder of such term.

§2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the National Assembly.

Amendment XXII

§1. The right of citizens of the Principality of Andany to vote in any primary or other election for Prime Minister or Secretary of State, for electors for Prime Minister or Secretary of State, or for Senator or Representative in the National Assembly, shall not be denied or abridged by the Principality of Andany or any State by reason of failure to pay poll tax or other tax.


§2. The National Assembly shall have power to enforce this article by appropriate legislation.

§3. The National Assembly, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the National Assembly; Provided that no Amendment which may be made prior to the Year Two thousand seventeen shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Amendment XXIII

§1. The right of citizens of the Principality of Andany, who are eighteen years of age or older, to vote shall not be denied or abridged by Andany or by any State on account of age.

§2. The National Assembly shall have power to enforce this article by appropriate legislation.

Amendment XXIV

§1. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.

§2. The District constituting the seat of Government of the Principality of Andany shall appoint in such manner as the National Assembly may direct:

A number of electors of Prime Minister and Secretary of State equal to the whole number of Senators and Representatives in the National Assembly to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of Prime Minister and Secretary of State, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

§3. The National Assembly shall have power to enforce this article by appropriate legislation.

Amendment XXV

§1. In case of the removal of the Prime Minister from office or of his death or resignation, the Secretary of State shall become Prime Minister.

§2. Whenever there is a vacancy in the office of the Secretary of State, the Prince shall nominate a Secretary of State who shall take office upon confirmation by a majority vote of both Houses of the National Assembly.

§3. Whenever the President transmits to the Prime Minister pro tempore of the Senate and the President of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Secretary of State as Acting Prime Minister.

§4. Whenever the Secretary of State and a majority of either the principal officers of the executive departments or of such other body as the National Assembly may by law provide, transmit to the Prime Minister pro tempore of the Senate and the President of the House of Representatives their written declaration that the Prime Minister is unable to discharge the powers and duties of his office, the Secretary of State shall immediately assume the powers and duties of the office as Acting Prime Minister.

Thereafter, when the Prime Minister transmits to the Prime Minister pro tempore of the Senate and the President of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Secretary of State and a majority of either the principal officers of the executive department or of such other body as the National Assembly may by law provide, transmit within four days to the Prime Minister pro tempore of the Senate and the President of the House of Representatives their written declaration that the Prime Minister is unable to discharge the powers and duties of his office. Thereupon, the National Assembly shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the National Assembly, within twenty-one days after receipt of the latter written declaration, or, if the National Assembly is not in session, within twenty-one days after the National Assembly is required to assemble, determines by two-thirds vote of both Houses that the Prime Minister is unable to discharge the powers and duties of his office, the Secretary of State shall continue to discharge the same as Acting Prime Minister; otherwise, the Prime Minister shall resume the powers and duties of his office.