Misberian Calodan Constitution

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The High Kingdom of Misberia and Caloudonoum
Untitled722 20191024194320M.png

Motto
Peace, Prosperity, Unity
Anthem
Farewell to Nova Scotia
US States of ME, MA, MI, and WA Canadian Province of Nova Scotia, Parts of Essex UK and Penezance Cornwall
Capital cityîles de Betula
Official language(s)English, French, Dutch, German, Cornish, Tasmal and Misberian
Official religion(s)All accepted
Short nameMisberia, Caloudonoum, Columbusstan, Terrexa, Caermont, Zuhan
DemonymMisberian
- CzarArchie Birch
LegislatureRepresentative Council
- Type - Libertarian Monarchy
EstablishedApril 16th 2015
Population112
CurrencyMisberian Krone, Calodan Calodone, Terrexa/Columbish/Zuhanese/Caermontian Dollar
Time zoneGMT, AST, EST, CST and PST
National dishClam Chowder
National drinkMoxie Soda
National animalDeer

https://misberiangovt.wixsite.com/misberia

Misberian and Calodan Constitution

PREAMBLE.

We the people of the Imperial Confederation of Misberia and Caloudonoum, in order to form a more perfect state, we shall uphold the constitution as is does to us, and shall be honored with diligence and respect from founding father to an immigrant. We shall desire to create equality and fairness to the people Misberia and her colonies, and bound to help those in times of need, whatever it may be, do ordain and establish this Constitution for the Kingdom of Misberia.

Article 1 Declaration of Rights.

Section 1.  Natural rights.  All people are born equally free and independent and have certain natural, inherent and inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.

Section 2. All power is inherent in the people; they have therefore an unalienable and indefeasible right to institute government and to make suggestions to the government when their safety and happiness require it.

Section 3.  Religious freedom; sects equal; individuals have a natural and inalienable right to worship any god according to the dictates of their own consciences, and no person shall be hurt, molested or restrained in that person's liberty or estate for worshipping God, do not disturb the public peace, nor obstruct others in their religious worship; -- and all persons demeaning themselves peaceably, as good members of the Nation, no preference of any one sect or denomination to another shall ever be established by law, nor shall any religious test be required as a qualification for any office or trust, under this Nation.

Section 4.  Freedom of speech and publication; libel; the truth is given in evidence; the jury determines law and fact.  Every citizen may freely speak, write and publish sentiments on any subject, being responsible for the abuse of this liberty; no laws shall be passed regulating or restraining the freedom of the press; the truth thereof may be given in evidence, and in all indictments for libels, the jury, after having received the direction of the court, shall have a right to determine, at their discretion, the law and the fact.

Section 5.  Unreasonable searches prohibited.  The people shall be secure in their persons, houses, papers, and possessions from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, shall issue without a special designation of the place to be searched, and the person or thing to be seized, nor without probable cause supported by oath or affirmation.

Section 6.  Rights of persons accused.  In all criminal prosecutions, the accused shall have a right to be heard by the accused and counsel to the accused, or either, at the election of the accused; To demand the nature and cause of the accusation, and have a copy thereof;To be confronted by the witnesses against the accused; To have compulsory process for obtaining witnesses in favor of the accused; To have a speedy, public and impartial trial, and, except in trials by martial law or impeachment, by a jury of the vicinity.  The accused shall not be compelled to furnish or give evidence against himself or herself, nor be deprived of life, liberty, property or privileges, but by judgment of that person's peers or the law of the land.

Section 7.  Discrimination against persons prohibited.  No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person's civil rights or be discriminated against in the exercise thereof.

Section 8.  No double jeopardy.  No person, for the same offense, shall be twice put in jeopardy of life or limb.

Section 9.  Sanguinary laws, excessive bail, cruel or unusual punishments prohibited. All penalties and punishments shall be proportioned to the offense; excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.

Section 10.  Bailable offenses; habeas corpus.  No person before conviction shall be bailable for any of the crimes which now are, or have been denominated capital offenses, unless when in cases of rebellion or invasion the public safety may require it.

Section 11.  Treason; testimony of 2 witnesses.  Treason against this Nation shall consist only in levying war against it, adhering to its enemies, giving them aid and comfort.

Section 12.  Corporal punishment under military law.  People shall be subject to corporal punishment under the military law, even when they are employed in the army or navy, or in the militia when in actual service in time of war or public danger.

Section 13.  The right of petition.  The people have a right at all times in an orderly and peaceable manner, to assemble to consult upon the common good.

Section 14.  To keep and bear arms.  Every citizen has a right to keep and bear arms and this right shall never be questioned.

Section 15.  Standing armies.  The army shall be kept up in time of peace

Section 16.  Quartering of soldiers on citizens.  No soldier shall in time of peace be quartered in any house without the consent of the owner or occupant

Section 17.  The right of redress for injuries.  Every person, for an injury inflicted on the person or the person's reputation, property or immunities, shall have remedy by due course of law.

Section 18.  Trial by jury.  In all civil suits, and in all controversies concerning property, the parties shall have a right to a trial by jury

Section 19.  Private property, Private property shall not be taken for public uses without just compensation; nor unless the public exigencies require it.

Section 20.  Taxes. No tax or duty shall be imposed without the people knowing

Section 21.  Title of nobility allowed; tenure of offices.  Titles of nobility or hereditary distinction, privilege, honor or emolument, shall ever be granted or confirmed, offices shall be created

Section 22. All LGBTQ ideals shall be accepted and shall not be discriminated against.

  1. Gay and Lesbian marriage and relationships are fully legal and accepted.
  2. All genders are accepted the following are the official recognized genders.

B1. Male

B2. Female

B3. Other

B4. While other may be a general term it is meant to signify and ratify other genders not listed.

  1. Gender changes and other types of gender identification shall be accepted after the age of 15.

Article 2 State Symbols

Section 1. Misberia shall have a flag and coat of arms.

Section 2. The Misberian flag shall consist of a St.George’s Cross in the middle with a white circle displaying the coat of arms surrounded by a blue field background.

Section 3. The Misberian coat of arms shall consist of a Lion on the right and a Unicorn on the left as supporters with a shield in the middle displaying a pine tree with a blue star in the canton. On top of the shield shall be a crown such as the same one used by the United Kingdom. There shall be the Misberian and Calodan flags on staff on either side of the shield. On the bottom of the shield shall be wreaths with a white banner in the middle displaying “Imperial Confederation of Misberia and Caloudonum”.

Section 4. The Misberian Royal Family, shall have their own flag and coat of arms.

Section 5. The Misberian Royal flag shall be a horizontal tricolor with purple on top, white in the middle and green on the bottom. The royal family coat of arms shall be emblazoned in the middle.

Section 6. The Royal Family coat of arms shall be a Unicorn on the left and a Moose on the right with the Rose of Lancaster in the middle with the Liechtenstein Royal Crown on top.

Section 7. The Misberian flag shall always fly above any Misberian Royal or Regional flags.

Section 8. The Misberian flag shall always fly underneath any Macro National flag such as National, State, Provincial, Department or Armed Forces flags.

Section 9. The Misberian flag shall always be flown equal to any micronational flag unless that micronation has different laws.

Article 3 Royalty and The Monarchy

Section 1. Misberia shall have a monarchy run by a royal family.

Section 2. This Royal family shall be led by the oldest member of the family, regardless of nationality, sex or orientation.

Section 3.  The head of the royal family is referred to as a King/Queen, they are to be referred to as “Your Highness” in situations of signing treaties and entering diplomatic relations or in the case of a speech to the people of Misberia.

Section 4.  The Head of the royal family shall be able to abdicate with the permission of the Royal Cabinet

Section 5. The Royal Family shall be treated as equal and be given no higher powers above the Royal Cabinet and the Parliament.

Section 6. The Royal Family is not a hereditary family and shall allow those who wish to join the family as long as the head of the family approves, any member of the royal family who has a spouse of child is allowed to join the royal family as long as every party is aware of the Misberian state.

Article 4 Electors

Section 1.  Qualifications of electors; Every citizen of the Kingdom of Misberia of the age of 15 years and upwards, having his or her residence established in this Nation, shall be an elector for Governors,Ministers of Parliament, in the province or territory where his or her residence has been established, if he or she continues to reside in this Nation; and the elections shall be by ballot via paper or online.

Section 2.  Electors exempt from arrests on election days.  Electors shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest on the days of the election, during their attendance at, going to and returning therefrom.

Section 3.  Exemption from military duty.  No elector shall be obliged to do duty in the militia on any day of the election, except in time of war or public danger.

Section 4.  Time of state election; The election of Governors, Representatives and Ministers of Parliament shall be on the 15th of a month forever every four months.

Section 5.  Online Voting.  Online Voting, may be used at all elections, however, the right of privacy while voting shall be preserved.

Article 5 Offshore Claims

Section 1. Misberia may hold offshore claims, offshore is considered outside of the regions of New England and Nova Scotia. Offshore claims may be possible as long as there are valid reasons for said claim to exist.

  1. Person or persons living or working in the claimed area
  2. Historic or economic interest to Misberia
  3. Easily accessible to any person
  4. May not be in an uninhabitable place such as Antartica or a Desert

Section 2. Misberia must respect borders of surrounding nations when claiming land or holding colonial power.

Section 3. Misberia must respect the local and regional cultures of any occupied land. Misberia must allow the local language to thrive and encourage it, Misberia must allow the local people to decide their own path in Misberia. Misberia must allow the local people to choose their own name and flag. Misberia must respect the local people’s choices unless it violates a national law or a threat to national security.

Section 4. Misberia must allow a great deal of self-rule.

Section 5. Misberia will allow the colonies to have their own provincial governments. Each colony shall have a leader called a Provincial Prime Minister. Each Provincial Prime Minister shall choose a group of five people to be their advisor. Each Provincial Prime Minister is elected on the national Misberian election cycle

Article 6 Distribution of Powers.

Section 1.  Powers distributed.  The powers of this government shall be divided into three distinct departments, the Royal Cabinet, Parliament and Judicial Courts.

Section 2.  People belonging to one of these departments shall not exercise any of the powers properly belonging to either of the others.

Article 7 Governors

Section 1.  To try impeachments; limitation of a judgment of impeachment; party liable to be tried and punished in court.  The great leaders shall have the sole power to try all impeachments, and when sitting for that purpose shall be on oath or affirmation, however, shall not extend farther than to removal from office, and disqualification to hold or enjoy any office of honor, trust or profit under this Nation.

Section 2.  To choose own officers.  Governors shall choose their Secretary and other officers.

Article 8 Parliament

Section 1.  To meet biweekly; the power of Parliament  to convene itself at other times; the extent of parliamentary power.

Section 2.   The Parliament shall be divided into two houses. The lower house shall be called the House of Electors, as the upper house shall be called the House of Lords.

Section 3. The House of Electors shall be composed of six members from the mix of political parties holding the largest number of seats in the parliament. Each member of the House of Electors must be elected by the people in which the seat represents. The House of Lords shall be composed of 4 members without political bias, selected by the Royal Council.

Section 4.  The House of Electors have the right to impose federal income tax.

Section 5.  The House of Electors must approve of all appointments to positions of the cabinet or departments made by the Prime Minister.

Section 6.  The House of Electors have the right to draft amendments to this constitution, that shall be approved by ¾ of the districts within Misberia, and approval by the Royal Council.

Section 7.  Bills to be signed by the Governor; proceedings, in case the Governor disapproves; allowing the Governor 10 days to act on legislation.  Every bill or resolution having the force of law, and if the Governor approves, the Governor shall sign it; if not, the Governor shall return it with objections to the legislature it shall have the same effect as if it had been signed by the Governor; but in all such cases, the votes of both Houses shall be taken by yeas and nays, and the names of the persons, voting for and against the bill or resolution, shall be entered on the journals of both Houses respectively. 

Section 8.  May punish and expel members.  Each House may determine the rules of its proceedings, punish its members for disorderly behavior, expel a member, but not a 2nd time for the same cause.

Section 9.  Shall keep a journal; yeas and nays.  Each House shall keep a journal, and from time to time publish its proceedings, except such parts as in their judgment may require secrecy; and the yeas and nays of the members of the legislature

Section 10.  May punish for contempt.  Each House, during its session, may punish by imprisonment any person, not a member, for disrespectful or disorderly behavior in its presence, for obstructing any of its proceedings, threatening, assaulting or abusing any of its members for anything said, done, or doing in the legislature; provided, that no imprisonment shall extend beyond the period of the same session.

Section 11.  The legislature may originate bills; revenue bills and may be altered, amended or rejected in the other

Section 12.  Corporations, formed under general laws.  Corporations shall be formed under general laws, and shall not be created by special Acts of the Legislature, except for municipal purposes, and in cases where the objects of the corporation cannot otherwise be attained; and, however, formed, they shall forever be subject to the general laws of the State.

Section 13.  Acts become effective in 2 days after recess; exception; emergency bill defined.  No Act or joint resolution of the Legislature, except such orders or resolutions as pertain solely to facilitating the performance of the business of the Legislature, shall not include (1) an infringement of the right of home rule for municipalities, (2) a franchise or a license to a corporation or an individual to extend longer than one year.

Section 14.  The direct initiative of legislation.

Section 15.  Legislative department; The legislative power shall be vested in 1. The people reserve to themselves the power to propose laws and also reserve power at their own option to approve or reject at the polls any Act, bill, resolve or resolution passed.

Section 16.  Vacancies. Whenever the seat of a member shall be vacated by death, resignation, or otherwise the vacancy may be filled by one of the great leaders.

Section 17.  The timing of elections; proclamation by Governor. 

Section 18.  Meaning of words "electors," "people," "commonwealth wide election,"  As used in any of the 3 preceding sections or in this section the words "electors" and "people" mean the electors of the Commonwealth qualified to vote for Governor; "statewide election" means any election held throughout the Commonwealth on a particular day.

Section 19. To choose own officers.  Governors shall choose their speaker, clerk, and other officers.

Article 9. Political Parties and Unions.

Section 1. Political Parties and Unions may exist

Section 2. Up to 4 political parties may exist, more maybe suggested but should be placed under a unifying major party.

Section 3. All parties should be representative of its people and should host monthly meetings to discuss the agenda of the party.

Section 4. If two parties are tied for Speaker of the Parliament a political union may be formed to find common ground between the two parties and have one person be the speaker of the parties.

Section 5. If neither party can come to an agreement the Royal Council maybe able to discuss in private and choose a winner for Speaker of the Parliament.

Article 10. Executive Power.

Section 1.  Governor. The supreme executive power of this commonwealth shall be vested in a Governor.

Section 2.  The term of office; appointed by one of the Great Leaders and shall hold the office for 2 years unless asked or seeks permission to have a longer term.

Section 3.  Qualifications.  The Governor shall be a resident of the Commonwealth.

Section 4.  Commander in chief.  The Governor shall be commander in chief of the army and navy of the commonwealth, and of the militia, except when the same are called into the actual service of the Kingdom of Misberia.

Section 5.  To appoint officers.  The Governor shall appoint all officers and judges in its respective Commonwealth.

Section 6.   Power to pardon and remit penalties, etc.; conditions.  The Governor shall have power to remit after conviction all forfeitures and penalties, and to grant reprieves, commutations, and pardons.

Section 7. Shall enforce the laws. The Governor shall take care that the laws be faithfully executed.

Article 11 Military

Section 1. Misberia shall be allowed a military force if deemed necessary.

Section 2. Misberia shall only use its forces for peace keeping or exploration.

Section 3.  Officers, how appointed. All commissioned officers of the militia shall be appointed and commissioned by the Governor, from such persons as are qualified by law to hold such offices.

Section 4.  Adjutant General.  The Adjutant General shall be appointed by the Governor.  But the Adjutant General shall also perform the duties of quartermaster general and paymaster general until otherwise directed by law.

Section 5.  Standard of organization, armament, and discipline.  The organization, armament, and discipline of the militia and of the military and naval units

Section 6.  Persons exempt from military duty. No other able-bodied person of the age of 18 and under the age of 45 years, excepting officers of the militia who have been honorably discharged, shall be so exempted.

Article 12 Education.

Section 1.  The legislature shall require towns to support public schools.  A general diffusion of the advantages of education being essential to the preservation of the nation to promote this important object, the Legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools.

Section 2. Education must be held from ages five to seventeen and based on the American education system.

Section 3. Grades One through Five (ages five to ten) will include math, history, science, a forgien language and study of their mother tongue.

Section 4. Grades Six through Nine (ages 11 to 15) will include the continuation of the previous years studies but also include studies in fields of which may interest a student more and what the school decides would best benefit the student the most.

Section 5. Grades Ten through Twelve (ages 16-17) will include math, study of their mother tongue, a forgien language and more exposure to the career they wish to follow after primary education.

Section 6. Universities shall be available for free to students who wish to extend into a further career after primary education.

Article 13 Municipal Home Rule.

Section 1.  Construction of buildings for industrial use.  For the purposes of fostering, encouraging and assisting the physical location, settlement and resettlement of industrial and manufacturing enterprises within the physical boundaries of any municipality, the registered voters of that municipality may, by majority vote, authorize the issuance of notes or bonds in the name of the municipality for the purpose of purchasing land and interests therein or constructing buildings for industrial use, to be leased or sold by the municipality to any responsible industrial firm or corporation.

Article 14 Taxation

Section 1.  Taxation. All taxes upon the real and personal estate, assessed by authority of this State, shall be apportioned and assessed equally according to the just value thereof.

Section 2  Assessment of certain lands based on current use; penalty on a change to higher use.  The Legislature shall have the power to provide for the assessment of the following types of real estate whenever situated in accordance with a valuation based upon the current use thereof and in accordance with such conditions as the Legislature may enact:

A.  Farms and agricultural lands, timberlands, and woodlands;

B.  Open space lands which are used for recreation or the enjoyment of scenic natural beauty;

C.  Lands used for game management or wildlife sanctuaries; and

D.  Waterfront land that is used for or that supports commercial fishing activities.

Section 3.  School districts.  The Legislature shall have the power to provide that taxes, which it may authorize a School Administrative District or a community school district to levy, may be assessed on real, personal and intangible property in accordance with any cost-sharing formula which it may authorize.

Section 4.  Historic and scenic preservation.  The Legislature shall have the power to provide that municipalities may reduce taxes on real property if the property owner agrees to maintain the property in accordance with criteria adopted by the governing legislative body of the municipality to maintain the historic integrity of important structures or to provide scenic view easements of significant vistas.

Section 5.  The seat of government.  Eastport is hereby declared to be the seat of government of this Nation.

Section 6.  National parkland.  National parkland, public lots or other real estate held by the respective Commonwealth for conservation or recreation purposes and designated by legislation implementing this section may not be reduced or its uses substantially altered. The proceeds from the sale of such land must be used to purchase an additional real estate in the same Commonwealth for the same purposes.

Article 15 Diplomacy

Section 1. Misberia may go into diplomatic relations with foreign nations.

Section 2. Misberia may only go into diplomatic relations with forgien nations who meet these certain criteria

Section 3. The following are the criteria needed for the Misberian state to enter relations with a nation, micro,macro and unrecognized.

  1. The state wishing to enter relations with Misberia must be active and founded for at least one year.
  1. The state wishing to enter relations with Misberia must have evidence of being a state for one year
  1. The state wishing to enter relations with Misberia must have an internet presence such as a website, twitter, facebook or discord.
  1. The state wishing to enter relations with Misberia must not be or in the past partaking in “micronational war”.
  1. The state wishing wishing to enter relations with Misberia must have physical evidence and shall not be an internet or absurdly based state.

Section 4. Misberia must respect any and all foreign nations.

  1. Borders and claims must be respected and recognized by both Misberia and the state wishing to have relations and or nations Misberia encounters.
  1. Culture and Language must be respected and recognized by both Misberia and the state wishing to have relations and or nations Misberia encounters.
  1. Government system and head of state must be respected and recognized by both Misberia and the state wishing to have relations and or nations Misberia encounters.

Section 5. Misberia must abide by all macro national laws in a certain region.

Section 6. Misberia must be respectful of any and all micronational laws and treaties even if the state has not signed it.

Section 7. Misberia can ratify and sign any treaty if feels with approval from that select department or parliament.

Section 8. Misberia will not be involved in any “Micronational War”

Section 9. Misberia may join any organization they please

Section 10. Misberia must respect all organizational laws and treaties put forth.

Signed:

First Royal Council of the Imperial Confederation of Misberia and Caloudnoum.

Archie Birch the first of the Misberian Realm

Sam Hofmann of the Royal Council and of the Calodan Realm