CONSTITUTION OF SAN ANDREAS
Through an amendment to the Constitution of the United States of America, and as ratified by three-fourths of the State legislatures, the State of San Andreas was granted full autonomy as a state of the union, free from all federal laws and regulations, all past & present case law, and all federal executive authority. As such, we do present this constitution to the Board of Governors of the State of San Andreas to achieve our rightful passage to full self determination.
We the People of San Andreas, in Order to form a more perfect state, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the State of San Andreas.
Article I | The Congress, Governing Policies, Procedures, and Vested Powers
Section 1: Congress
All legislative Powers hereby granted shall be vested in a Congress of San Andreas, which shall consist of a House of Representatives.
Section 2: The House of Representatives
The House of Representatives shall be composed of two unique types of representatives. One group of members shall be elected by the citizens of the State and shall simply be referred to as Public Representatives under this document. A second group shall consist of members representing each of the state's Law Enforcement, Medical, and Correctional institutions; these members shall be referred to in this text as representatives with reserved seats. If none of the descriptors exist to describe a representative in this text, then all representatives shall be considered for the purpose of that text.
The House shall never be composed of an even number of members, as the Speaker shall be considered a seat in their own right, and there must be an equal number of State representatives and Public representatives.
The Executive and Judicial Branches of the San Andreas Government shall have the right to a voice, but not a vote, in the House of Representatives. This right will be exercised by the highest-ranking member of each branch, or by a designated member.
Section 2.1: Term & Eligibility
Publicly elected House Representatives shall serve for a term of 4 months and they shall be chosen by the People of San Andreas. The reserved seats for the House Representatives of government agencies will be filled under the aforementioned institutions determination, with no term limit set upon these appointments.
A representative must disclose all received donations larger or equal to the the sum of $10,000, either to him or her, his or her seat, and/or campaign. Failure to do so may lead to disqualification, eligibility in running for, or removal from, a seat in the House.
No person may serve as a representative for more than two consecutive terms. This clause shall not apply to appointed representatives.
To become a representative, one must be at least twenty years of age, and have been a citizen of San Andreas for at least 6 months.
No judge of any Court, Secretary of State, Attorney General, Clerk of any Court of Record, or any person holding a lucrative office under the State of San Andreas, or any foreign government shall during the term for which they are elected or appointed, be eligible to sit as a representative in the legislature. Appointed members to the congress may be exempt from this clause.
Section 2.2: Absolute Absence of Representatives
When a vacancy occurs within the Public Representatives of the House of Representatives, the next currently eligible runner-up candidate from the previous election for the position shall be summoned by the speaker, and be asked to fill the vacancy for the remainder of the term. If no response is received within 7 days, that candidate is considered to have forfeited the offer and the next eligible runner-up candidate will be summoned. Should no viable runner-up candidate exist, the Executive Branch may choose to fill the position or issue writs of election to fill such Vacancies.
If the representative of a reserved seat is no longer able to hold office, either through resignation or disqualification, the government agency for whom the seat was held will determine the replacement under a term of no longer than 7 days
Section 2.3: Speaker of the House
The Board of Governors shall choose the speaker of the House of Representatives, and the speaker shall serve at the pleasure of the Board of Governors. Deputy speakers shall be chosen by the speaker of the house. The House of Representatives may choose their inferior officers should the house desire to through house resolution.
Section 3: Reserved
Reserved for later use.
Section 4: Elections
The times, places and manner of holding Elections for Public Representatives, shall be determined by the House of Representatives.
Section 5: Powers and Duties of the House of Representatives
The House shall be the Judge of the elections, returns, and qualifications of its own members, and a majority shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as the House may provide.
The House may determine the Rules of its Proceedings, punish its Members for disorderly behavior, and, with the concurrence of all other members and the speaker, expel a Member.
The House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their judgment require secrecy; and the Yeas and Nays ("Ayes" & "Noes") of the Members of the House on any question shall be entered on the Journal.
The House, during a session of congress shall not, without the consent of its members, adjourn for more than two weeks, nor to any other place than that in which the House shall choose to be sitting.
Section 5.1: Meetings
The congress shall ordinarily assemble at least once per month with the presence of at least 50% of the Representatives on the location determined by law. Extraordinary meetings may be called with a majority of at least 50% of the Representatives being present, in which the Representatives will exercise all the powers vested upon them by the constitution and the law.
Section 6: Rights and Disabilities of Members
Representatives shall receive compensation for their services, and paid by the Treasury of the State of San Andreas.
Representatives shall in all cases, except Treason, Felony and Branch of the Peace, be privileged from Arrest during their attendance at the session of the house.
All the acts and expressions made by the Representatives within their duties shall be protected from prosecution.
No representative that is actively a member of the public shall, during the time for which they are elected, be appointed to any civil office under the authority of San Andreas, which shall have been created, or the emoluments whereof shall have been increased during such time; and no Person holding any office under the State of San Andreas, shall be a Member of the House during their continuance in office.
Section 7: Legislative Process
The votes of the House shall be determined by the yeas and nays (“ayes” & “noes”), and excluding votes does by voice, the names of the persons voting for and against the Bill shall be entered into the journal of the house.
Every bill passed by the House of Representatives, shall, before it becomes a Law, be presented to the Board of Governors of the State of San Andreas; If so decided to approve the bill, the Board of Governors shall return it signed. In the case in which they do not approve, they shall return the bill, with their objections, to the House from which it originated, who shall enter the objections at large in their Journal, and proceed to reconsider it. If after such Reconsideration all members of that House shall agree to pass the Bill, it shall become a Law.
If a Bill is not signed and returned by the Board of Governors of the State of San Andreas within fourteen days following the first presentation of said bill, the latter becomes by default a law. This excludes the case where a Bill is not returned due to adjournments made on behalf of the Congress.
Section 8: Powers of the House of Representatives
The House shall have the authority to make all laws, bylaws, or other needful legislations to provide for the requirements laid out in the preamble of this Constitution.
The house shall have power propose taxes, duties, imposts and excises, to propose for the paying the debts and provide for the common defense and general welfare of the state of San Andreas; Taking into consideration all duties, imposts and excises shall be uniform throughout the state of San Andreas; These powers may be delegated to the Board of Governors for singular terms no longer than 2 days.
To exercise the calling forth of the National Guard to execute the laws of the state, suppress insurrections and repel invasions.
To exercise exclusive legislation in all cases, over such district as may, by the acceptance of congress, become the seat of the government of the San Andreas state government, and to exercise like authority over all places purchased by the consent of the Will of the people in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings;
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the State of San Andreas, or in any department or officer thereof.
Section 9: Powers Denied to the Congress
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless in cases of rebellion or invasion whereupon the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Title of Nobility shall be granted by the State of San Andreas: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Article II | Foundation and Powers of the Board of Governors
Section 1: Vesting of Executive Power in Board of Governors
The executive power shall be vested in a Board of Governors for the State of San Andreas, who will have absolute control over the legislative and judicial branches of government.
The Board of Governors shall have the authority to appoint its own members and is authorized to provide other methods of joining the board if and when the board determines such need arises.
No Person except a Citizen of San Andreas, at the time of the Adoption of this Constitution, shall be eligible to sit on the Board of Governors; neither shall any person be eligible to that Office who shall not have attained to the age of eighteen years, and been 6 months a Resident within the State of San Andreas.
In case of the removal of a member of the Board of Governors, or of their death, resignation, or inability to discharge the powers and duties of the said Office, all powers retained by that governor shall be granted to the rest of its members.
The House may by Law develop a contingency system in case of removal, death, resignation or inability, of all Board members, declaring who may then act as a member of the board, and how they may act accordingly, until the disability be removed, or a board member is no longer incapacitated. This provision shall not be construed as to provide from the removal of a member of the Board of Governors.
Members of the Board of Governors shall, at stated times, receive for their services a compensation, which shall neither be increased nor diminished during the period for which they have been appointed, and they shall not receive within that period any other emolument from San Andreas.
Before they enter Office, they shall take the following Oath or Affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the duties of the Office of Board of Governors of the State of San Andreas, and will to the best of my ability, preserve, protect and defend the Constitution of the State of San Andreas."
Section 2: Military, Pardoning, and Other Powers of the Board of Governors
The Board of Governors shall be the Commanders in Chief of the San Andreas National Guard, and of the Militia of the State, when called into the Service by the Board of Governors; They may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and they shall have power to grant reprieves and pardons for offenses against the State of San Andreas.
Section 3: Communication and Direction of the State of the Union
They shall during each session of congress, no more than 30 days after said session begins, give to the House information of the State of the Union, and recommend to their consideration such measures as they shall judge necessary and expedient; they may, on extraordinary occasions, convene the House, and in case of disagreement between them, with respect to the Time of adjournment, they may adjourn them to such a time as they think proper; they shall receive ambassadors and other public ministers; they shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the State of San Andreas.
Article III | Judicial Branch of Power
Section 1: Introduction to the Judicial Power
The judicial power of San Andreas shall be vested under one Supreme Court, and under any inferior court should the Supreme Court ordain and establish. The Judges of all the Courts shall hold their offices with good behavior and will receive, for their services, compensation that may not be diminished during their continuance in office.
Section 2: Sources of law and jurisdiction
The judicial power shall judge all cases in law and equity, with direct observance of the Constitution, the Laws of San Andreas and Treaties made.
Decisions made by the Supreme Court amount to binding precedent, which will form part of the doctrine of precedent and the judges must apply them in analogous cases; the doctrine may not be applied in cases where the precedent in question appears to be in error or ill founded but that determination must be reasonable and logical.
The only binding source of law that the judicial power must enforce, respect and cannot reject, is the Constitution and Written Legislation of the State of San Andreas. Other sources of law will have a secondary or lesser value that may be taken into consideration by the judges.
Section 3: Jurisdiction
The jurisdiction of the judicial power shall extend to all cases in which citizens of San Andreas are party to. The Supreme Court shall have the power and jurisdiction to review enactments of law, and any other acts of government which intend to give effect to enacted law or may affect an individual’s entitlements under law. The judicial power over executive orders or other binding instruments shall only exist to the effect of ensuring they they are constitutionally valid, and do not infringe the rights of the people.
The Supreme Court may receive requests for non-binding opinions on Advisory cases from government agencies, citizens and the bodies of the other branches of power. The Supreme Court, at its discretion, may determine which advisory cases to hear. However, advice given during interbranch conflicts will be received as binding.
The judicial power will decide all matters brought to the court’s attention according to the constitution, the law and the sources previously cited. The court will possess full discretion over issues of facts and law. Remedies, damages and other compensations will be decided according to the constitution, law and set precedent of the courts.
Section 3.1: Original Jurisdiction
The Supreme Court will have original jurisdiction for matters in which a foreign subject or sovereign is a party to; the interpretation of the Constitution is expressly disputed by two or more adversaries; judicial review of laws; and in which international or humanitarian law is cited. Original jurisdiction may only be exercised in limited number and per type of cases as defined by the constitution or the law.
Section 3.2: Judicial Review
The Supreme Court is vested with the authority to perform the judicial review of all laws, along with public acts (decisions and determinations by tribunals, agencies and branches of government) in order to determine their constitutionality. The power of judicial review may not be excluded by any act of the government or any endeavor of the legislature through the enactment of law. Judicial review is not limited to errors of law but may also include errors of fact. Judicial review may be solicited by any citizen of San Andreas with founded and constitutional arguments.
Section 3.3: Appellate Jurisdiction
The Supreme Court shall retain appellate jurisdiction over all matters, and this authority shall only be delegated onto inferior bodies that retain higher authority than the lowest court.
Section 4: Composition & Appointment
The Supreme Court shall be composed of a Chief Justice and an even number of his or her equal associates to be officially designated as Associate Justices. Two associates, and the Chief Justice, is the minimum required and legal quorum. The quantity of the Associate Justices will be determined by the Chief Justice.
Section 4(a): Transitory clause
Until two or more associate justices have been designated, quorum will be met with the presence of the Chief Justice and any other associates they may have. In the event of a tie, the Supreme Court may call upon a lower ranking justice in order for them to cast a vote.
Section 4.1: Composition of the Lower Courts
The Lower Courts shall be composed by a number of judges determined by the Chief Justice, who shall hold their offices in good behavior. The Chief Justice shall be appointed by the Board of Governors, and shall serve at their pleasure. The Lower Courts shall possess and retain original jurisdiction over all those matters that are not exclusive to the Supreme Court. These courts shall preside over any matter within its jurisdiction with the presence of one judge.
Section 4.2: Supreme Court Eligibility
No individual, having not presided in the Lower Courts, shall be eligible for nomination and confirmation to the position of Associate Justice.
Section 5: Absolute Immunity
The Supreme Court shall afford Absolute Immunity from both civil lawsuits and criminal prosecution to the Board of Governors while performing executive functions, Lawmakers engaged in the legislative process, and Judges while acting in their judicial capacity. In order to assert absolute immunity in a particular case, the official must:
- Show that their position's responsibilities had such a sensitive function that it requires absolute immunity; and
- Demonstrate that they were discharging the protected function of the position when performing the actions in question.
Section 6: Establishment of the Office of the Attorney General & Prosecutor’s Office
The Prosecutor’s Office will be presided over by the Attorney General, whose nomination will be determined by the Chief Justice, their assistants and other employees that they may consider. It shall correspond to the Prosecutor’s Office, ex officio or by means of complaint, to investigate the crimes and to accuse the alleged offenders before the competent courts and tribunals, with special emphasis on the crimes committed by members of the public force in active service and civil servants.
The Prosecution’s Office shall have jurisdiction over all of the national territory.
In the event that the Prosecutor’s Office discovers evidence that may be beneficial to the defendant, they will be obliged to present it to the docket.
Section 7: Establishment of the Defender’s Office
The Defender’s Office will be presided over by a director, whose nomination will be determined by the Chief Justice, their assistants and other employees that they may consider. It shall fall upon the Defender’s Office the defense of alleged offenders before the competent courts and tribunals free of charge to all the citizens of San Andreas that so require.
The Defender’s Office shall have jurisdiction over all of the national territory.
Section 8: Martial law
Even during periods of martial law, the executive government may not suppress or modify the judiciary's basic functions, except to the extend that is required or that the constitution grants.
Article IV | Mayoral Powers, Union of States, and Needful Rules of Territory
Section 1: Mayoral Powers
Municipalities or other specialized districts may be created by the Board of Governors for select geographic regions at the discretion of the Board of Governors. The Board of Governors may determine the method of selection and removal of a mayor, or of the municipal councils of the municipalities, or districts, created by the Board of Governors. Mayors or other municipal bodies may be limited in the powers afforded to them by the Board of Governors, and the judiciary may consider any laws or bylaws created by municipalities, councils, or other specialized districts unconstitutional should any such laws or bylaws breach this Constitution.
Section 2: Introduction of States & the Union of States
New States may be admitted into this state, creating a union of states; but no new state shall be formed or erected within the jurisdiction of any other State; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as upon approval by the Board of Governors.
Section 3: Needful Rules of Territory
The House & Board of Governors shall have power to dispose of and make all needful rules and regulations respecting the territory or property belonging to the State of San Andreas; and nothing in this Constitution shall be so construed as to prejudice any claims of the State of San Andreas.
Article V | Power and Process to amend the Constitution of San Andreas
Section 1: Process of Amendment
The House, whenever two thirds of the House shall deem it necessary, shall propose amendments to this Constitution, or, on the application of referendum by the people, shall call a Convention for debate of Amendments, which, in either Case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by three fourths of the House, rounded up, and signed by the Board of Governors.
For a period not exceeding 1 year from the date this constitution is brought into effect, the executive branch may propose amendments to this constitution that shall supersede the above provision in, so long as it is done in writing to the highest authority of the congress and of its chambers. Only if 100% of its members vote against the amendment shall the amendment fail to be valid as apart of this constitution.
We the drafters of this Constitution, at the time of drafting this Constitution, understand a time may come when the drafting of this Constitution would be a hindrance to some unforeseen gameplay mechanic, and that for whatever reason, the Board of Governors, the House of Representatives, or the Supreme Court, would be unable to resolve a Constitutional issue ICly. With as much as it pains us, we make it known that should such circumstances arise, only as a last resort, should this Constitution be modified OOCly by ECRP Management / Legal Factions Management.
Please know that when such time may arise, every effort is made to consult the corresponding parties affected by the change. It is important to understand that stability matters in these affairs, and without stability, trust and communication would be irreparably damaged. Thank you.
Article VI | Protection of San Andreas Constitution, Law, and Religious Liberty Discretion
Section 1: Agreement of Debt, ratification of Law, and Oath of Office
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the State of San Andreas under this Constitution, as under the former government of the Board of Commissioners.
This Constitution, and the Laws of the State of San Andreas which shall be made in pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the State of San Andreas, shall be the supreme Law of the Land; and the Judges of the state shall be bound thereby.
The representatives aforementioned, and all executive and judicial Officers, of the State of San Andreas, shall be bound by oath or affirmation, to support this Constitution; but no religious Test shall ever be required as a qualification to any office or public trust under the State of San Andreas.
Article VII | Ratification of the Constitution
Section 1: Process and Right of Ratification
The ratification of this Constitution by the preceding Board of Commissioners, shall be sufficient for the establishment of this Constitution.
The House shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, but the state may impose reasonable limits to this freedom for public safety; or abridging the freedom of speech, or of the Press; or the right of the people to peaceably assemble, and to petition the government for a redress of grievances.
A well regulated Militia, being necessary to the security of a free State, and the right of the people to keep and bear arms, shall not be infringed. Regulations on firearm ownership may be created through law or executive order.
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.
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.
Each person within the State of San Andreas shall adhere to the penal code of the state, and should it be violated, with probable cause and proof of evidence, a member of any San Andreas Law Enforcement Agency may submit an individual for punishment to the Department of Corrections. Should the crimes of the individual detail treason, grand acts of terrorism, or murder of public officials the individual will be held in the Department of Corrections until a trial date can be set and due process followed.
In cases of indictment by the Office of the Attorney General, no person shall be held to answer for a capital, or otherwise infamous crime unless the presentment of indictment is approved by a qualified judge as the Chief Justice may see fit.
No person shall be subject to prosecution of the same offense twice, constituting double jeopardy, and put in jeopardy of life or limb.
No person shall be compelled in any criminal case to be a witness against themself, nor be deprived of life, liberty, or property, without due process of law.
Private property shall not be taken for public use, without just compensation.
In all criminal trials brought forth by or too the San Andreas Judicial Branch, the accused shall enjoy the right to a speedy and public trial, by an impartial Judge of the State wherein the crime shall have been committed, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for their defense.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the State of San Andreas by the Constitution, nor prohibited by it, are reserved to the state respectively, or to the People.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the State of San Andreas, or any place subject to their jurisdiction.
Congress shall have power to enforce this article by appropriate legislation.
All persons born or naturalized in the State of San Andreas, and subject to the jurisdiction thereof, are citizens of the State of San Andreas. The state shall not make or enforce any law which shall abridge the privileges or immunities of citizens of the State of San Andreas. The state shall not 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.
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
The right of citizens of the State of San Andreas to vote shall not be denied or abridged by the State of San Andreas on account of race, color, gender, sexuality, failure to pay any poll tax or other tax, when eighteen years of age or older, or previous condition of servitude.
The Congress shall have power to enforce this article by appropriate legislation.
DATE OF SIGNING: 26th Of November, 2022 @ 9:13:07PM
LOCATION OF SIGNING: Old City Hall | Occupation Ave & Meteor St.
San Andreas State Government
Governor Lewis Langley
Governor Samuel Osborn
Governor Jason Castillo
San Andreas Judicial Branch
Chief Justice Colt Daniels
Associate Justice Judith Mason
With special thanks too:
Tony McFornell, Audrey Martin, Charlie Wilkinson, Aurora James, Guilherme Tavares, Rasheed Briggs, Tom Ardizzo, Tidus Law, Yuki Nakamura, Antonio Buonauro, Vincent Morgan, Margot Rousseau, Robert Winejudge, Alex Schill, Asbjorn Schmidt, Xoza Shadow, Judith Mason