Monday, May 19, 2014

The Constitution of Nombre



The Constitution of the Republic of Nombre

The rights of everyman are unquestioned, unequivocal, and unbiased. We the people of Nombre believe these rights are the essence of community and equality. Seeing that these rights are of the most important of all, we begin our countries greatest living document with these amendments, which protect all individual citizens. At no time shall anyone infringe upon these rights without due process:

First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petitition the Government for a redress of grievances.
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Third Amendment
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.
Fourth Amendment
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.
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.
Seventh Amendment
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any Court of the United States, than according to the rules of common law.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Ninth Amendment
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Tenth Amendment
The powers not delegated to the Nombre government by the Constitution and not enacted into law by the process of legislation are reserved to the citizens alone.

On the basis of these beliefs of individual rights we do formally form the nation of Nombre.

Form/ Nature of Government:
Officials will be democratically elected by the people and serve their interests while staying within the boundaries of the power they hold.  Limitations will be instituted inhibit centralized, tyrannical power.
Structure:
1.  A branch of thirteen (13) legislatures will be elected to serve the interests of the people via creation of law.  Of the thirteen one will be appointed to position of leader to apply further amounts of guidance and insight to the decisions of the group.  All members of the same power. 
2.  A branch of five (5) judiciaries will be appointed to review, analyze, and interpret created laws.
Will also oversee legislature.
3.  Legislature will decide issues as they are voted for by region.
4.  Legislatures will be appointed via vote by each region.  
National Structure:
Nation will be divided into thirteen (13) regions with no individual rights.
Limitations:
1.  Officials of the legislature will serve one finite six year term.
2.  Amendments may be made to constitution via a two-thirds vote of the regions.
3.  Full transparency will be imposed on the proceedings, affairs, decisions, and information of the legislature.
4.  Legislative power will be checked via the judicial branch.

Taxes

Taxes will be limited to a flat sales tax of 10% of the total sale, and a flat 20% income tax. The sales tax revenue will be split evenly between the region in which the sale was incurred, and the overarching government. 

On the Regional Level
  • The Sales Tax revenue within the region will go to providing transportation and maintaining the infrastructure of the region. 
  • Income Tax revenue will go to providing health services, police, fire departments, and public education. 
On the Government Level
  • The Sales Tax revenue will go toward maintaining an able military, and offering a limited amount of welfare programs that have strict requirements for enrollment.
Judicial System

The limited power of the Government will be enforced through a supreme court at head of a judicial system. This will be a 5 person committee elected by the people. Members will be elected for 8 year terms with the ability to serve two terms. There will be one member of the court elected by the other members as the head justice for the court. The judicial system will not have the power to create legislature, but will be carry the ability to enforce it. 

On the Regional Level
  • There will be regional courts with presiding judges for each individual region
  • Those regional judges will have the power to mitigate issues within their region
  • If the people wish to overturn a judge's decision they may appeal to the supreme court with a 2/3 majority vote.
On the Governmental Level
  • The supreme court will handle all impeachment or disciplinary hearings involving ranking members of the government, and hold them to the highest of standards.
  • Ensure that all legislation does not violate the terms of the constitution or infringe on the bill of rights

Thursday, May 15, 2014

Wednesday, May 14, 2014

National Allocation of Substances Act



National Allocation of Substances Act(NASA)
Act 1
When it is deemed necessary for the government of Nombre, to control or regulate any substance that may be grown, created, or imported within its borders, said power is given exclusively to the national government. Control of substances of any nature may also be enforced, if deemed necessary by the public, and put into legislation by an act of the people alone. A 2/3 majority vote will be sufficient for the implementation of these laws.

Act 2
At no time shall a government agency act to control any substance without due cause. The chosen mechanism of control for any substance shall be taxation. The level of taxation assessed to any one object shall be a direct 2 to 1 ratio of the communal cost and impact of said substance. Deregulation and taxation paid education shall be the primary action of this government to protect its citizenry from the effects of natural and synthetic substances which both help and hinder our social functionality.

Act 3
All taxes raised from the sale and or production of any substance shall go directly to the NASA fund. The NASA fund shall be used for education, rehabilitation, and promotions benefiting the health and wellness of citizens.

Fair and Compassionate Care Act



Fair and Compassionate Care Act (FCC)
It is of the foremost importance that at all times our government shall aim to protect the fundamental human rights of all its citizens. The most important of these protected rights shall always be the right of each individual to life, liberty, and property. It is with this thought in mind that we frame this act for the necessary burdens of the rare events which may cause these rights to be infringed.
Article 1:

Section 1
When in the event of one's own protection of life, it becomes impossible to distinguish an alternative other then lethal force, protection of one's body and livelihood is recognized by this government as an act of self defense. Self defense shall never be considered a crime and furthermore shall be relegated as a fundamental human right which cannot be infringed upon by government or private acts.

Section 2
If deemed necessary by a credentialed medical doctor, the assisted suicide or termination of life process may be initiated. Assisted suicide is the only recognized legal means of ending a life unnaturally without the loss of all freedoms of the intended victim. The assisted suicide process shall include but not be limited to a videotaped interview with the patient, a second opinion interview to be performed by a separate doctor, and a review and acceptance by a federal judge or oversight panel. After completion of the process and a written directive from the judge is received it will be within the law for the applying physician to execute his legal right to terminate his patients life.

Section 3
When the successful application of due process is performed by the government, and in the instance it is deemed to be such a heinous and irreproachable offense, the state may find due cause to implement capital punishment and remove some or all rights from the convict including the termination of life.

National Act of Assimilating Cultural Preferences



National Act of Assimilating Cultural Preferences(NAACP)
Whereas it is desirable to encourage the progress of Civilization among, the Native Tribes in this Province, and the gradual removal of all legal distinctions between them and other Subjects, and to facilitate the acquisition of property and of the rights accompanying it, by such Individual Members of the said Tribes as shall be found to desire such encouragement and to have deserved it : Therefore, the Government, by and with the advice and consent of the Legislative Council, enacts as follows :

An Act for the protection of the Natives in the Providence of Nombre from imposition and the property occupied or enjoyed by them, shall apply only to Natives or persons of Native blood or intermarried with Natives, who shall be acknowledged as members of Native Tribes or Bands residing upon lands of our providence.

It is to be executed in a timely matter of 1 and half years, until which those who are in contempt will be taxed per person until proof of the enfranchisement process has been turned in.
The enfranchisement process will recognize any male Native over the age of 21 able to speak, read and write English language readily and well, and is sufficiently advanced in the elementary branches of education and is of good moral character and free from debt.

“An "enfranchised" Indian would no longer retain the "legal rights and abilities of Natives" and would "no longer be deemed a Native" but a regular Nombre subject. Therefore, the enfranchised will have the same rights as the Nombre citizens.

Those who are not able to enfranchise due to their educational abilities will then be sentenced to a probationary enfranchisement, in which they will be attending a class to help with this development.
If any native refuses the enfranchisement process the individual will then be held in contempt and will be deported. 

As Nombre citizens the Natives have the opportunity to share their culture, traditions, and medical views.
To ensure that our country is healthy both culturally and economically, we will immediately begin a health and welfare program for all citizens. The benefits of which are to include but not be limited to: Free health care at government funded medical facilities. It is and shall always be the goal of the government of Nombre to care both physically and mentally care for all our citizens. Effective immediately the government shall allocate funding for the improvement and maintenance of all health facilities within the country.

Immigration Reform Act



Immigration Reform Act (IRA)



When dealing with the issue of immigration our government will create a task force with the job of documenting all citizens within the island. This task force will be called the Documentation Task Force and will be essential in our immigration and domestication issues. All citizens on the island will receive their personal ID card which will be necessary to purchase any items or to start a business. We hope this will make it difficult for illegal immigrants to be successful without first going through the citizenship process. All illegals found on the island will be given transport off the island rather than expensive incarceration.



This section on immigration will cover who is allowed to immigrate into our island and the general idea behind how they become a citizen.  Anyone is allowed to immigrate to our country and become a citizen after they first meet two requirements.  One: must pass an evaluative screening like system for obvious reasons, much like passing through Ellis Island.  Two to become a citizen imigrants must have ability to "buy" their way in via land ownership.  Essentially perspective immigrants must be able to buy land.  The implications of family, partners, ect will be taken into account and the degree of land is subject to change.  A force will be initiated to patrol our "borders" security of illegal immigration will be enforced strictly.  Given that our country is an island surrounded by water patrols will use boats and radar will be used at various areas/ checkpoints to manage illegal immigration.  picture of ellis island:


Immigration policy:

Article 1
Section 1
Citizenship will require documentation.  Said documentation is required for various things such as starting a business, owning land, ect.  Enforcement and facilitation of citizenship will be carried out by a branch known as the Documentation Task Force (DTF).
Section 2
Known or otherwise apprehended individuals claiming residency without citizenship or intent to appropriate citizenship will be removed and deported.
Article 2
Section 1
Immigration and citizenship is allowed to any individual.  Requirements and conditions must be met to obtain citizenship.  Prospective immigrants must meet these conditions.  They are one (1) a full and complete screening, evaluative in nature, must be passed.  Evaluative screenings will be under the Documentation Task Force (DTF).  Two (2) the ability to purchase land and the purchasing of land must be met. 
Section 2
Land and land ownership is subjected to one individual.  Genetic family or otherwise legal family (ex: spouse) may obtain citizenship as they will fall under the said individuals obtained citizenship.
Section 3
Borders will be patrolled by a unit of the DTF responsible for forceable initiation of border protection.