We, the People of North America, conscious of the responsibilities that our unique place and power have imposed upon us, seeking for ourselves and our posterity peace and prosperity at home and abroad, wanting to secure our historic and traditional economic, political, religious, and social freedoms, valuing the institutional transparency of an open society as well as the talents and abilities of an educated, healthy population, and recognizing the difference between problems susceptible to government solution and those that are beyond the proper powers of government, have decided to institute and establish a new form of government limited in what it can do to us, but unlimited in what it can do for us.
All public power is the manifestation of the social contract. National sovereignty resides essentially and originally in the People. The People's sovereignty is exercised through their right to vote and their rights of initiative, referendum, recall, and petition. The exercise of democratic rights represents no threat to a democratic society.
It is the will of the People of North America to organize themselves into a unitary state. Their first step is to unite the territories and possessions of the nations of the North American continent, beginning with Canada, Mexico, and the United States of America, whose provincial and state governments shall, upon adoption of this Constitution and in accordance with the law, dissolve and whose powers shall devolve upon either the national or county and municipal governments. Our goal is to unite all North America wherein each of us can contribute to the grandeur and glory of our continental home.
Section 1. The inherent powers of the government of North America, derived from the social contract, have as their purpose securing the people's inalienable rights to life, liberty, property, and the pursuit of happiness.
Section 2. The enumerated powers of the national government are:
-To protect the Nation's sovereignty and territorial integrity;
-To establish, maintain and regulate armed forces;
-To conduct war and make peace;
-To direct the Nation's foreign relations, promoting peace, health, prosperity, and freedom at home and abroad;
-To explore space and promote its peaceful uses;
-To encourage tolerance and prohibit all forms of unwarranted discrimination based on race, national or ethnic origin, color, religion, age, gender, sexual orientation, life style, or mental or physical disability;
-To promote equal opportunity;
-To define and punish offenses;
-To maintain public order and enforce laws;
-To ensure equality of treatment before the law and justice;
-To promote the private ownership of property and regulate its uses;
-To regulate all business, manufacturing and commerce within or crossing the Nation's borders;
-To encourage creativity and entrepreneurship;
-To promote economic growth, full employment and workers' rights;
-To lay and collect taxes, duties, imposts, and excises;
-To coin money, regulate the value thereof and of foreign coin;
-To borrow money and pay debts;
-To punish counterfeiting;
-To protect consumers and maintain their economic power;
-To fix the standard of weights and measures;
-To license and regulate the practice of professions;
-To regulate the postal, communications and transport systems;
-To promote art, culture, education, and science;
-To establish and administer a system of public education;
-To promote, educate, and ensure the future of the young;
-To secure the family as the basic social unit;
-To protect the health, safety, and well-being of the people;
-To safeguard the purity of the Nation's air, food and water;
-To establish and regulate systems of healthcare, retirement, and social service;
-To protect the environment and husband the resources of the Nation for future generations;
-To establish and administer rules for immigration and naturalization;
-To establish and administer a public lands system;
-To codify the law and procedures;
-To charter counties and municipalities and assist them in time of need;
-To ensure the protection and observation of constitutional and civil rights;
-To make all laws which shall be necessary and proper for the carrying into execution the foregoing powers.
Section 3. All laws shall, upon their promulgation and from time to time thereafter, be published in each of the official languages: English, French, and Spanish.
Section 1. The legislative and executive powers of the national government are united in a Monarch who, functioning as the determination of the people, is one of our chief safeguards against unconstitutional or extra-constitutional forces exercising government power. Monarchy in North America stands as a bulwark against oppression, tyranny, and totalitarianism.
Section 2. The office and prerogatives of the Monarch are equal whether vested in male or female.
Section 3. Among the duties and responsibilities of the Monarch are:
a. To guard the people's interest and promote their well-being;
b. To provide for national security and ensure public order and safety;
c. To safeguard and promote the natural rights and traditional civil liberties of the people;
d. To execute the enumerated powers of the national government in a manner that promotes the aims of the inherent powers of government;
e. To use the Nation's power and resources to promote peace and freedom at home and abroad;
f. To advance the arts, culture, education, and science;
g. To recognize and reward talent and service to the Nation;
h. To respect the law and the provisions of this Constitution.
Section 4. Among the powers of the Monarch are:
a. To promulgate laws, decrees, orders, regulations, and treaties;
b. To exercise the executive powers of the national government;
c. To command the armed forces and commission the officers thereof;
d. To appoint and dismiss all ministers, secretaries, ambassadors, consuls, regional governors, and other high government officials;
e. To appoint half the members of the Senate;
f. To declare an emergency in time of war or catastrophe;
g. To assume the direct control of a county or municipality in time of need, as provided by law;
h. To receive petitions and to grant reprieves, pardons, and titles in accordance with the law; no title may be inherited, or convey legal privileges or immunities;
i. To promote the observance of the Constitution and the law.
Section 5. The Dynasty shall be established by a three-fifths majority vote of the House of Representatives; the vote shall be secret.
Section 6. In the event of a Monarch's death, incapacity, abdication, or removal, succession shall be according to the Law of Succession, subject only to majority vote confirmation by the House of Representatives of each succeeding Monarch. A successor may ascend to the office upon attaining thirty-five years of age. At the time of his/her ascension the Monarch shall take the following oath:
I do solemnly swear that after broad consultations and deep reflection I will use my Constitutional powers to faithfully execute the duties and responsibilities of my office, humbly recognizing that I have been elevated to this high position in order to safeguard and promote the interests of the Nation as a whole, and that I will, to the best of my ability, preserve, protect and defend the North American Constitution and its ideals, so help me God.
Section 7. The Monarch shall relinquish the office upon reaching seventy years of age.
Section 8. The Senate may remove a Monarch from office for violation of his/her oath or Reasons of State by a two-thirds vote, change the Order of Succession, and/or indict a reigning Monarch for a felony offense by a majority vote; in all such instances the votes shall be secret.
Section 9. Upon indictment, a Monarch shall stand trial before the House of Representatives, which may convict and/or punish by majority votes.
Section 10. When, in accordance with the law, a regency is established, the Regent shall perform his/her acts in matters of state in the Monarch's name. The Regent, who must be a North American citizen, requires confirmation by a majority of the House of Representatives and may be removed by a majority of the Senate.
Section 11. The Monarch and Imperial Family shall receive an annual grant from the Treasury, apportioned by law, which is equal to .001 percent of the annual National Revenue. Public monies shall be used to meet all expenses connected with the Monarch's functions as Head of State and government property put at the disposal of the Imperial Household shall be maintained by public revenue, but in no case shall the amounts spent on annual maintenance of the Imperial Family exceed .05 percent of the National Revenue.
Section 12. No member of the Imperial Family may directly or indirectly invest in, or receive profit from any person, business, enterprise, association, group, or organization.
Section 1. A Cabinet, serving at the pleasure of the Monarch, shall be responsible for the development, administration, and review of government policy.
Section 2. The Cabinet shall prepare and submit an annual budget to the Monarch, as provided by this Constitution. From the moment of a Monarch's death or absence from office and until his/her successor, or a Regent, takes the oath, the Monarch's constitutional powers rest with and are exercised by the Cabinet.
Section 3. During sessions of Congress, the Cabinet shall collectively and individually submit themselves to a weekly questioning of not less than three hours in the House of Representatives.
Section 4. The Cabinet shall have the following members and/or such others as the Monarch may appoint:
Minister of Foreign Affairs;
Minister of Defense;
Minister of Finance and Banking;
Minister of Treasury;
Minister of Agriculture;
Minister of Education;
Minister of Resources and Environment;
Minister of Interior;
Minister of Labor;
Minister of Transport;
Minister of Post and Communications;
Minister of Justice;
Minister of Culture;
Minister of Industry and Manufacturing;
Minister of Business and Commerce;
Minister of Trade;
Minister of Health and Safety;
Minister of Science and Space;
Minister of Social Services;
Minister of Family Life and Youth;
Minister of Technology and Inventions;
Minister of Licensing and Professions;
Minister of Regional Affairs;
Minister of Counties and Municipalities.
Section 1. A National Bank shall be established to act as the government's financial agent.
Section 2. The minerals and resources of river, lake and ocean waters and beds, as well as the minerals and resources on and under public lands, belong to the people, who have entrusted their care, exploitation and use to the national government. The public enjoys open access to the nation's rivers, lakes, seas and oceans, as well as their shores.
Section 3. The revenue base of the national government includes, but is not limited to duties, fees, imposts, excises and taxes, including, but not limited to a value added tax, a use tax, an extraction tax, and a financial transaction tax. No tax may be levied on earned personal income.
Section 4. An annual budget together with two and five year projections shall be prepared by the Cabinet and submitted to the Monarch for approval. The budget shall be published. No monies shall be expended that are not appropriated in the budget or provided for by subsequent law. The budget shall be balanced in terms of revenues and expenditures, except in times of declared emergency, as provided for by this Constitution. A complete account of the receipts and expenditures of all public monies shall be published annually by the Treasury.
Section 5. The debt of the Nation shall not exceed twice the annual budget and shall not be incurred for more then fifteen years, except in times of declared emergency.
Section 6. The General Accounting Office shall review independently the receipts and expenditures of public monies and publish reports from time to time.
Section 7. The Inspector General's Office shall review the efficiency of operation of all government ministries, departments, agencies, and offices and publish reports from time to time.
Section 8. The Ombudsman's Office, an important institutional link between the people and their government, shall ensure speedy, timely and fair treatment in government matters for all persons through its power to impound up to one-tenth of the annual budget of any sub-Cabinet government unit.
Section 9. Public Adjunct Boards, providing direct citizen access to government and helping to assure transparency, may be attached, as prescribed by law, to sub-Cabinet level departments, offices, agencies, bureaus, commissions, etc. A Board's membership may vary from three to nine and its term is limited to four years. A government organization has sixty days to respond to the concerns and/or recommendations of its Board.
Section 1. The people of North America shall have direct representation in a House of Representatives and Regional Assemblies.
Section 2. The House of Representatives, serving as the voice of the people, shall be composed of 650 members, having one vote each.
Section 3. A Representative must be a North American citizen.
Section 4. Representatives shall be apportioned among several categories: 96 for Regional Assemblies, 265 for Professional Groups, 235 for Interest Groups, 40 for municipalities and 14 for universities. This initial apportionment of Representatives among the several categories may be changed by a three-fifths majority vote of the entire House. However, the total number of Representatives shall not be reduced.
Groups in the Professional and Interest categories must provide by charter or constitution for open nominations and direct, secret balloting by all their members for their officers, as well as their Representative. In addition, they must have provisions for members to exercise their rights of initiative and recall. Groups seeking representational status must obtain a Certificate of Eligibility for Representation, which shall be subject to renewal every ten years, in such manner as shall be provided by law. When two or more organizations represent the same group, its seat shall go to the organization with the largest membership. When there are more groups seeking representation in the House of Representatives than there are seats, seating shall be by number of members.
Section 5. Representatives shall have tenure of office until replaced according to the charter or constitution of their constituencies. They shall receive compensation for their services from their constituencies; said amount shall not be diminished during the period for which they shall have been elected. Representatives who speak more than one language or have traveled to 20 or more countries at the time of their election shall receive 20 percent supplements to their regular salaries from the Treasury.
Section 6. The House of Representatives shall be the judge of the elections, returns and qualifications of its own members. The House of Representatives shall choose a Speaker and other officers, determine its own organization and Rules of Procedure, punish its members for disorderly or unbecoming behavior and with the concurrence of two-thirds expel a member. The House of Representatives shall meet a maximum of 185 days annually.
Section 7. The House of Representatives shall by a two-thirds majority vote have the power to repeal all or part of any law, decree, order, regulation, or treaty, require a national consultative referendum, initiate a Constitutional Amendment, and refer Constitutional questions to the Senate.
Section 8. The House of Representatives shall by majority vote elect one-half the Senate, alternating its elections with the Monarch's appointments to fill vacancies, have the power to confirm each succeeding Monarch or Regent, and remove the Cabinet or any appointed official or officials from office with a No Confidence vote; judgment in such cases shall not extend beyond removal from office and/or disqualification to hold any office of honor, trust or profit in the government of North America; the party so removed shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. Upon indictment by the Senate of a reigning Monarch, the House of Representatives shall act as a jury to hear and decide the cause of action by secret majority vote.
Section 9. The House of Representatives has the power to question the Cabinet collectively and individually for not less than three hours weekly, while in session, to establish investigative committees with the power to subpoena materials, documents and all persons, except immediate members of the Imperial Family, to issue reports of its findings and upon deliberation to pass one Resolution of Consensus for each day it is in session.
Section 10. Members of the House of Representatives shall have the power to represent the positions of their constituencies relative to national concerns and government actions, question members of the Cabinet regarding public and private concerns, and represent any person or organization having business with the government or its departments or agencies.
Section 11. The Senate, functioning as a repository of the traditions, values and aspirations of the North American people, shall initially be composed of 150 members. Half the number of Senators shall be elected by the House of Representatives and half shall be appointed by the Monarch. Each Senator shall hold office during good behavior. Vacancies shall be filled alternately by election and appointment.
Section 12. A Senator must be a North American citizen.
Section 13. A Senator shall receive compensation from the Treasury, as provided by law. Such compensation shall not be diminished during his/her tenure.
Section 14. The Senate shall choose a President and other officers, determine its own organization and Rules of Procedure, punish its members for disorderly or unbecoming behavior and with the concurrence of two-thirds expel a Member.
Section 15. The Senate is continuous and may not be adjourned or abolished. The Senate may with the concurrence of three-fifths of the entire membership increase its size. A two-thirds majority vote of the entire body shall be necessary to remove a Monarch from office. The Senate may by a majority vote indict a reigning Monarch for a criminal offense or change the Order of Succession. A majority vote of the Senate is necessary to remove a Regent from office. All such votes shall be secret.
Section 16. The Senate, like the House, enjoys the power to investigate, subpoena and report. It may pass a maximum of ten Resolutions of Consensus annually.
Section 17. Members of the Senate may offer advice and counsel to the Monarch. They shall accept duties collectively or individually imposed by the Monarch.
Section 18. Either the Monarch or the House of Representatives may refer issues of Constitutional interpretation to the Senate, where such votes shall be secret and all decisions shall be final.
Section 19. Congress shall assemble at least once every year, and such meeting shall be on the second Monday after January 1, unless they shall choose a different day.
Section 20. A majority of either House of Congress shall constitute a quorum to do business; a lesser number may compel the attendance of absent members in such a manner and under such penalties as each House may provide.
Section 21. Each House shall keep a Journal of its proceedings and publish it, excepting such parts as in the opinion of the majority of members require secrecy.
Section 22. Each House shall receive annual grants from the Treasury equal to at least .025 percent of the National Revenue. Each House shall determine its own expenditures. These monies shall in no case be used as direct salary payments to members.
Section 23. Representatives and Senators shall not be questioned in any other place for any speech or debate in Congress. Their privilege from arrest can only be lifted by a majority vote in their respective Houses.
Section 24. Before assuming the duties of their office, members of Congress shall take the following oath:
I do solemnly swear (or affirm) that I will faithfully execute the duties of my office, and that I will, to the best of my ability, preserve, protect and defend the North American Constitution and its ideals (so help me God).
Section 1. The Nation shall be divided into Regions, respecting the cultural, historic and topographic unity of each. Until their exact boundaries are determined by a Boundary Commission formed by the House of Representatives, the Regions shall be provisionally designated: Quebec (comprising Quebec plus Labrador and minus the Gaspé peninsula), Atlantic Northeast (comprising the Gaspé peninsula, Newfoundland, Nova Scotia, Prince Edward Island, New Brunswick, Maine, New Hampshire, Vermont, Massachusetts, Rhode Island and Connecticut), Atlantic-Great Lakes (comprising Ontario, New York, Pennsylvania, New Jersey, Delaware, Maryland, West Virginia, Ohio, Indiana, Illinois Michigan and Wisconsin), Atlantic Southeast (comprising Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Tennessee and Kentucky), Midwest (comprising Manitoba, Saskatchewan, Alberta, Minnesota, Iowa, Missouri, Arkansas, Louisiana, Texas, Oklahoma, New Mexico, Colorado, Kansas, Nebraska, Wyoming, Montana, North Dakota and South Dakota), Pacific Southwest, (comprising Arizona, Utah, Nevada, California and Hawaii), Pacific Northwest (comprising British Columbia, Washington, Oregon and Idaho), the Great North (comprising Alaska, the Yukon Territory and the Northwest Territory), Mexico comprising six regions- North (Baja California, Baja California Sur, Chihuahua, Coahuila, Durango, Sinaloa, Sonora), Central (Aquascalientes, Colima, Guanajuato, Jalisco, Nayarit, Queretaro, San Luis Potosi, Zacatecas), East (Hidalgo, Nuevo Leon, Tamaulipas, Veracruz), South Central (State of Mexico, Michoacan, Tlaxcala), Imperial (Distrito Federal, Morelos, Puebla), South (Campeche, Chiapas, Guerrero, Oaxaca, Quintana Roo, Tabasco, Yucatan), Central America (Guatemala, Belize, Honduras, El Salvador, Nicaragua, Costa Rica, Panama), and the Caribbean Basin.
Section 2. Each Region is entitled to equal representation in the House of Representatives.
Section 3. Each Region shall elect an Assembly of 200 members; an Assembly member must be a North American citizen.
Section 4. The Regional Assemblies serve as tribunes for regional and local concerns. They shall be apportioned among several categories: 100 for Professional Groups, 75 for Interest Groups numbering more than 25,000, 20 for cities, and 5 for universities. The apportionment among the several categories, their total number, as well as the categorical minimums may be changed by a two-thirds vote of the entire Assembly.
Groups entitled to representation in an Assembly must provide by charter or constitution for open nominations and direct, secret balloting by all members for their officers, as well as their Assembly member. In addition, they must have provisions for members to exercise their rights of initiative and recall. Groups seeking representational status must obtain a Certificate of Eligibility for Assembly Representation, which shall be subject to renewal every ten years, in such manner as shall be provided by law. When two or more organizations represent the same category, its seat shall go to the group with the largest membership. When there are more groups seeking representation in an Assembly than there are seats, seating shall be by number of members.
Section 5. Assembly members have tenure of office for a maximum of eight years or until replaced according to the charter or constitution of their constituencies. They shall receive compensation for their services from their constituencies; said amount may not be diminished during their period of service.
Section 6. Each Assembly shall be the judge of the elections and qualifications of its own members. Each Assembly shall choose a Speaker and other officers, determine its own organization and Rules of Procedure, punish its members for unbecoming behavior and with the concurrence of two-thirds expel a member. The Assemblies shall meet a minimum of once a year, the time and place to be decided upon by each.
Section 7. Each Assembly shall by majority vote elect Regional Representatives to the House of Representatives.
Section 8. Each Assembly has the right to deliberate, establish committees with the power to subpoena materials, documents and persons, issue reports, and offer advice and counsel. Each Assembly may appoint and dismiss regional officials as it sees fit.
Section 9. Each Assembly may with a majority vote of no confidence dismiss any appointed or elected regional, county, or municipal official. Each Assembly shall keep a Journal of its proceedings and publish it from time to time.
Section 10. Each Assembly shall receive annual grants from the Treasury equal to at least .01 percent of the National Revenue. Each Assembly shall determine its own expenditures. These monies shall in no case be used as direct salary payments to the members.
Section 11. Assembly members shall not be questioned in any other place for any speech or debate in their Assembly. Their privilege from arrest can only be lifted by a majority vote of their Assembly.
Section 12. Before assuming the duties of their office, members of the Assemblies shall take the following oath:
I do solemnly swear (or affirm) that I will faithfully execute the duties of my office, and that I will, to the best of my ability, preserve, protect and defend the North American Constitution and its ideals (so help me God).
Section 1. The judicial powers of government shall be vested in an independent judicial system, charged with safeguarding the natural and traditional rights and civil liberties of people, preserving the dignity of the individual, acting as a shield against arbitrary power, and ensuring the observance of due process and equal protection, as it works to resolve conflicts, establish responsibility and/or liability in civil cases and guilt or innocence in criminal cases, and mete out justice, remedies, and punishments in accordance with the law. There shall be no limit on judicial consideration of any threat to rights or personal or public injury.
Section 2. Judges and juries in reaching their decisions and applying the law are to be ever mindful of justice, tolerance, equality before the law, the traditions of the people, community well-being, the values of Western civilization, and the law of nations.
Section 3. The judicial system shall consist of a seventeen member national Supreme Court, several Courts of Appeal as well as county or municipal Magistrate Courts, and such other courts as may be established by law.
The Supreme Court shall consist of a Civil and Criminal Chamber. Each Chamber shall have eight Associate Justices. The Chief Justice of the Supreme Court shall be the principal Justice of each Chamber and shall vote only in the event of a tie.
The judges of the Supreme Court and the Courts of Appeal, as well as judges of lesser national civil courts subsequently established, shall be appointed by the Monarch for periods of ten years. Appointed judges shall have had at least ten years of judicial experience prior to their consideration for office. Appointees shall be drawn from a list of candidates approved by the Commission on Judicial Appointments, which shall consist of the Chief Justice, the Minister of Justice, two Court of Appeal judges, two Senators, two members of the House of Representatives, all chosen by lot, and four members of a bar association appointed by its executive body. Membership on the Commission on Judicial Appointments shall be for four years, but shall terminate sooner if a member ceases to hold the position that qualified him/her for service. A vacancy shall be filled by the appointing power for the remainder of the term.
Magistrate Court judges shall be chosen by lot from pools of candidates nominated by sitting judges, each of whom shall offer three nominations per vacancy in their districts. The first pool of candidates shall be nominated by current county and municipal judges, each of whom shall offer three nominees per vacancy, serving in the same jurisdiction as the opening. Each Magistrate Court nominee shall have received approbation from a bar association and reside in the judicial district in which he/she would preside. Magistrate Court judges, gradually replacing all current county and municipal judges, shall serve a term of ten years at the end of which they may be re-nominated to the pool. Magistrate Court judges are subject to recall election upon petition signed by ten percent of a district's registered voters.
Section 4. Complaints about judicial behavior shall be received by the Commission on Judicial Performance, consisting of two Court of Appeal judges, two Magistrate Court judges, two members each of the Senate and House of Representatives, all chosen by lot, and two members of a bar association appointed by its executive body. The Commission on Judicial Performance after a review of complaints may recommend censure, removal, or retirement of a judge to the Judicial Council. Membership on the Commission on Judicial Performance shall be for four years, but shall terminate sooner if a member ceases to hold the position that qualified him/her for service. A vacancy shall be filled by the appointing power for the remainder of the term.
Section 5. The Judicial Council consists of the Chief Justice and one Associate Justice of the Supreme Court, three judges of the Court of Appeal, five magistrates, one member each of the Senate and House of Representatives, all chosen by lot, and four members of a bar association appointed by its executive body. Membership on the Council shall be for four years, but shall terminate sooner if a member ceases to hold the position that qualified him/her for service. A vacancy shall be filled by the appointing power for the remainder of the term.
The Judicial Council appoints the Administrative Director of the Courts, who serves at its pleasure and performs functions delegated by the Council. The Council is responsible for adopting uniform rules of court administration, practice, and procedure. It seeks to improve the administration of justice by making recommendations to the various courts and annual reports to the Cabinet. It acts on the recommendations of the Commission on Judicial Performance for the censure, removal, or retirement of judges. Decisions of the Council, taken by majority vote, are final.
Section 6. Judges may succeed themselves until the age of sixty-five. For their services they shall receive compensation, which shall not be diminished during their continuance in office, from the Treasury. No person shall be a judge who shall not have attained to the age of thirty-five years and been ten years a practicing attorney. Before assuming the duties of office, all judges shall take the following oath:
I do solemnly swear (or affirm) that I will faithfully execute the duties of my office, attempting in all cases that come before me for adjudication to safeguard the natural and civil rights of the litigants, protect society, preserve personal dignity and ensure due process; to resolve conflicts, to establish responsibility, liability, guilt or innocence and to mete out punishment in accordance with the law, and that I will, to the best of my ability, preserve, protect and defend the North American Constitution and its ideals (so help me God).
Section 7. The judicial review power of the judicial system has the purpose of ensuring equity and uniformity in judicial decisions and application of the law. The power to nullify a law or declare a law unconstitutional is limited to county and municipal laws.
Section 8. The Supreme Court, Courts of Appeal, and Magistrate Courts have original jurisdiction in habeas corpus proceedings and in proceedings for extraordinary relief in the nature of mandamus, certiorari and prohibition.
Magistrate Courts have original jurisdiction in all causes except those given by statute to other trial courts. A court may pursue its own line of investigation and make such comment on the evidence and the testimony and credibility of any witness as in its opinion is necessary for the proper determination of a cause. Res judicata is limited to post-trial proceedings wherein both sides were represented by counsel. All judges are responsible for their procedural and dispositive decisions; ten appellate reversals may result in removal from the bench and exclusion from further consideration for judicial positions.
All courts of appeal may take evidence and make new findings of fact. The Supreme Court may transfer to itself a cause in a court of appeal. It may transfer a cause from itself to a court of appeal or from one court of appeal to another.
No judgment shall be set aside, or new trial granted, in any cause, on grounds of misdirection of the jury, or improper collection or admission of evidence, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.
Section 9. Treason against the Nation shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The punishment for treason shall be according to law, but no conviction of treason shall work corruption of the blood or forfeiture except during the life of the person convicted.
Section 1. Counties and municipalities, the primary units of government, shall be democratic in form and content. The people may exercise their inalienable democratic rights through direct election of officials, referendum, initiative, recall and petition. Ten percent of a district's registered voters may cause a referendum, initiate a measure, or move the recall of an elected official. The sponsors and funding sources and amounts must be public information well before the election. The provisions of an initiative shall be subject to review and electoral renewal by a majority vote every ten years after its full implementation.
Section 2. Counties and municipalities shall be governed by boards or councils, elected biennially by the voters of the district. The sole requirement for election to the governing body of a county or municipality shall be voter registration.
Section 3. The governing body of a county or municipality has the power to appoint and dismiss lesser officials, as well as make and enforce its own laws in conformity with this Constitution and its ideals.
Section 4. The organizational structure of a county or municipality may be determined by either the governing body or the voters of the district.
Section 5. Counties and municipalities shall be chartered, upon meeting qualifications as provided by law. Without prejudice or impairment of their local autonomy, they may be formed into larger units for explicit and temporary purposes of economy, public order, health, safety, or convenience.
Section 6. In time of need, the powers of a governing body may be suspended by the Monarch and the county or municipality governed directly by the Monarch, or his/her representative, for a period of six months. At the end of six months, or before, a new election shall be held. Those elected shall serve the remainder of the interrupted biennial term, plus a biennial term of their own.
Section 7. Within their areas of jurisdiction, the counties and municipalities shall, among other things:
-Maintain public order and safety;
-Establish, supplement, and enforce rules of sanitation and health;
-Protect public and private property;
-Provide public cultural and recreational facilities;
-Establish and enforce building and construction codes;
-Maintain local streets and roads, and control traffic;
-Preserve public and historic monuments;
-Establish and maintain public libraries;
-Regulate business and manufacturing;
-Define and punish misdemeanors;
-Lay and collect taxes and fees.
Section 8. The revenue base for counties and municipalities includes, but is not limited to property, sales and use taxes. The rates and amounts shall be determined by a majority vote of the people of the district.
Section 9. Counties and municipalities shall operate within a balanced budget. They shall not incur debts for periods in excess of fifteen years.
Section 1. North American citizenship with all rights and privileges appertaining under this Constitution is granted to all citizens of Canada, Mexico, the United States of America, and any other nation or territory of North America that officially adopts this Constitution in accordance with Article XXXIII, Section 1.
Section 2. North American citizenship may be acquired by birth or naturalization, as provided by law. Loss of citizenship may result from court decision for activity harmful to the Nation, or from acquisition or possession of another citizenship, or from permanent residence in a foreign state or from the exercise of civil rights therein.
Section 3. A voter is a North American citizen, eighteen years of age, who is registered to vote, as provided by law.
Section 4. The right to vote is enjoyed by all citizens of voting age and in full possession of their civil rights and is the sole requirement for holding public office.
Section 5. Every North American citizen and individual within the Nation's borders having the legal status of permanent resident share all the rights and freedoms of this Constitution, except the right to vote and hold public office.
Every North American citizen has the right to enter, remain in or leave the country. There shall be no law abridging the right of citizens to live or travel within or beyond the borders of the Nation, except in cases of treason or felony crime. Any citizen may file a legal action to expose or nullify an act injurious to the public, the State, the environment, or historic or cultural interests, and such citizen shall, except in case of proven bad faith, be exempt from judicial costs and/or the burden of defeat, and shall be eligible to receive up to forty percent (40%) of the monetary value of the activity exposed or nullified, as judicially determined.
There shall be a separation of church and state; the state shall not be hostile to religion. No religious test shall be required as a qualification for any office or position of public trust.
No law shall be made which abridges the right of the people to their fundamental and traditional freedoms of opinion, thought, conscience and religious belief, and their personal expression thereof, or their rights to associate, to assemble peaceably, to organize themselves for lawful purposes, to petition government, to initiate legislation, to recall elected officials or to vote.
Freedom of association for lawful purposes is guaranteed; paramilitary associations are forbidden. No one shall be compelled to associate or remain associated. Associations have the right to represent their members, collectively or individually, juridically and/or extra-juridically. Labor and professional unions may have two representatives on the board of directors of all publicly regulated corporations and retirement funds. Only by judicial decision may associations be compulsorily dissolved or have their activities suspended.
The exercise of rights may not be inimical to the peace, order, health, safety, or morals of the community.
There shall be no system of universal identification, internal passports or residency permits.
Freedom from harassment and the right to privacy shall not be abridged, except in matters of felony crime. No government organization may use information about an individual for more than ten years, except in cases of treason or felony crime, without the expressed and uncoerced approval of the individual. Non-government organizations may not require, collect, retain or use information about a person for more than three years, without the expressed and uncoerced approval of the individual. Neither shall any government or non-government organization collect, compile or retain general personal information of an unspecified nature. Non-government organizations may not collect, compile, or retain personal information in a volume greater than ten percent of the population, as determined at the last census. All private enterprises engaged in the commercial collection and/or dissemination of personal information must show a public need for their activity and are subject to prior government approval and regulation. Information legally collected for one purpose shall not be used for another, except to ensure health or safety. Violations are subject to both criminal and civil prosecution.
The right of the writ of habeas corpus shall not be suspended, unless public safety may require it, or in case of rebellion or invasion.
No bill of attainder, ex-post facto law, or law impairing the dignity of the individual or the obligations of lawful contract may be enacted.
The maximum period for prosecution of offenses, other than those of a capital nature, shall be six years. There shall be no time limitation for the prosecution of homicide and/or other heinous crimes, including, but not limited to peonage, racism, slavery, terrorism, torture, and the trafficking of persons, goods or products.
There shall be no system of legal or penal servitude, except as punishment for a crime where the person shall have been duly convicted in a court of law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. An arrested person shall be informed of his/her rights, including the right to remain silent. Preventive detention is permitted for up to 72 hours.
The right of people to be secure in their persons, homes, papers, effects and privacy, against unreasonable intrusions, searches and seizures, shall not be violated, and no warrants shall be issued but upon probable cause, supported by oath or affirmation. The secrecy of correspondence and electronic communication and data is inviolable, except by court order.
In a criminal case, no person shall be compelled to be a witness against himself/herself or spouse, nor deprived of life, liberty or property without due process of law; nor shall private property be taken without just compensation.
In all criminal prosecutions, the accused, who is presumed innocent until proven guilty, shall enjoy the right to a speedy and public trial, in the district in which the crime shall have been committed, and be informed of the nature and cause of the accusation; to be confronted with the evidence and witnesses against him/her; to have compulsory process for obtaining evidence and witnesses in his/her favor, and to have the assistance of counsel for his/her defense. The trial of felony crimes by jury shall be at the discretion of the presiding judge.
In civil law, the right of trial by jury shall be at the discretion of the presiding judge or the expense of the defendant. The defendant has the right to be confronted with and examine the evidence and witnesses against him/her, to have compulsory process for obtaining evidence and witnesses in his/her favor, and to have the assistance of counsel for his/her defense if the amount prayed for exceeds one-half his/her yearly income. Liability exists where damage has been done willfully or by neglect. Private prosecution in cases of crime subject to public prosecution shall be permitted whenever the latter is not pursued in a timely manner.
A party or witness in any judicial or administrative proceeding, who does not understand or speak the language in which the proceedings are conducted or who suffers speech or hearing impairment, has the right to assistance of an interpreter.
Every individual has a right to respect and dignity. Every individual has a right to information, education, health care, housing, work and rest, and an obligation to exercise these rights. Our people are our greatest natural resource. Abuse, either willful or negligent, of children and youth is an abuse of our nation's future and cause for criminal prosecution. Every individual is equal before and under the law and has the right to equal protection and benefit of the law without unreasonable discrimination, and in particular, without discrimination based on age, color, ethnic or national origin, race, religion, sex, sexual orientation, or mental or physical disability.
Equality before the law shall not be construed to preclude any law, program or activity that has as its object the amelioration of conditions of individuals or groups disadvantaged because of age, color, ethnic or national origin, race, religion, sex, sexual orientation, life style, or mental or physical disability.
This Constitution shall be interpreted and the laws of the Nation shall be made and executed in a manner consistent with the historic political liberties, civil rights, tolerance for diversity, equality of opportunity, and multicultural heritage of North America.
The enumeration in this Constitution of certain freedoms and rights shall not be construed to deny or disparage the existence of others, retained by people in an open society.
The powers not delegated by this Constitution are reserved to the people and may be assigned by the exercise of their legislative prerogative.
The people shall exercise their legislative prerogative through referenda and initiative or recall elections, as provided for by this Constitution. A national consultative referendum may be initiated by the Monarch, or a two-thirds vote of the House of Representatives.
The initiative and the recall are guaranteed to all organizations represented in the House of Representatives and the Regional Assemblies, as well as to all counties and municipalities.
The validity of public debts in Canada, Mexico, and the United States of America, authorized by law, shall not be questioned and are as valid against the government of North America as before. Full faith and credit shall be given to the public acts, records and judicial proceedings in and of Canada, Mexico, and the United States of America, and any other nation or territory of North America that officially adopts this Constitution in accordance with Article XXXIII, Section 1 that are not in conflict with this Constitution.
This Constitution shall be the supreme law of the land and all laws, decrees, orders, regulations, and treaties shall conform to it. Members of the Senate, House of Representatives, Regional Assemblies, county and municipal officials, and all executive, judicial, and military officers shall be bound by oath or affirmation to support this Constitution.
Amendments to this Constitution may be proposed by the Monarch, or a two-thirds majority of the House of Representatives.
Ratification of a Constitutional amendment requires a three-fourths majority vote of the Electorate, which shall have the right to vote twice within six months on a proposed amendment.
Section 1. This Constitution shall be established upon receipt of a majority vote in either the lower houses of state or provincial legislatures, or in specially elected Ratification Conventions of seven provinces of Canada, and/or twenty-one states of Mexico, and/or thirty-five states of the United States of America.
Any province or state may choose delegates by popular vote to its Ratification Convention. A delegate shall be chosen in each district of the lower house of the several provincial and state legislatures, so that each provincial and state Ratification Convention shall have the same number as the lower house of its legislature. In no case shall a delegate also be a legislator. Recommendations for amendments supported by a majority of the Conventions shall be submitted to a ratification vote according to Article XXXII in the second year after the Constitution of North America enters fully into force.
Section 2. Upon ratification, Representatives from all groups holding Certificates of Eligibility for Representation shall convene and organize themselves into the House of Representatives. A majority of Representatives shall constitute a quorum to do business. The first major order of business of the House shall be to establish the Dynasty. Failure to accomplish this within sixty days after convening shall result in new elections for the House of Representatives in which no previous member will be eligible to sit. After confirming the Monarch, the House shall proceed with the details of its own internal organization. Failure to elect half the Senate within one year after convening shall result in new elections for the House of Representatives in which no previous member will be eligible to sit.
Section 3. In accordance with the will of the people, the existing governments of Canada, Mexico, the United States of America, and any other nation or territory of North America that officially adopts this Constitution in accordance with Article XXXIII, Section 1 shall make every cooperative effort to ensure a smooth and safe transition of power and property. The transition is to be completed within ninety days of the establishment of the Dynasty.
From the day this Constitution enters fully into force, all laws, decrees, decisions, regulations and other acts in conflict with it shall be deemed abrogated, null and void.
The dissolution of the provincial and state governments and the transference of their powers and assets to the national, county and municipal governments shall proceed in an orderly and financially prudent manner, according to law.