Book:Constitution of Astoria

PREAMBLE

We the People of the Republic of Astoria, to the end that justice be established, domestic tranquility be maintained, and the blessings of liberty to ourselves our posterity be secured, guided by our forefathers and ancient ancestors do ordain and establish this Constitution of the Republic of Astoria.

ARTICLE I: RIGHTS OF MAN

Section I: Natural Rights

By the customs of our antiquity and garnered rights of our ancient ancestors immemorial, we declare that all men of this nation, when they do form a social compact are equal in right. All power of a free government is derived from the people; who share a common blood and yearning for freedom, peace, safety and happiness. And if tyranny reigns, it shall be the right of the people in perpetuity to abolish the government in a manner as they believe appropriate.

Section II: Right of Conscience

All citizens shall be secure in their natural right, to maintain their rational conscience, and no law shall be created to dictate or restrict a citizens rectitude.

Section III: Right of Religious Association

It shall be established that only the rational conscience be the vested national characteristic and shall protected for the beneficiary of generations immutable, and that the government shall make no law to establish a national church, promote a religious dogma, belief or organization. No funds shall be drawn from the treasury for the benefit of any religious or theological cause.

Section IV: Right to Maintain Arms

The citizen shall have the ineradicable right to maintain arms of proportional need for the defense of their self being, kindred, community, state and nation. It shall be the right of the citizen to establish, regulate and or disestablish the community, state or national militia by popular means of civil measure. If tyranny reigns, it shall be the right of the people who in concerted action, with popular support and with rational intent to abolish, eradicate or subdue the opponents of liberty by means they believe appropriate.

Section V: Right to Personal Property

The citizen shall be secure in their ineradicable right to maintain their corporeal entity, habitat, papers and other property from inordinate and unsanctioned searches and seizures. Only warrants, authorized with probable cause, competency, oath, affirmation, constitutional legitimacy, and which detail the specified places or items to be searched or seized shall be respected by law and the people.

Section VI: Protection from Unreasonable Expropriation

The citizen shall be secure in their ineradicable right to protect themselves from unreasonable seizures or confiscations of property by the national, state or local government. Property shall only be confiscated under the strictest of circumstances for public purposes. Compensation for seizure shall be of fair market value, with also respect to severance damages, and remittance shall be delivered in a timely manner. Confiscation of property shall only be elicited by writ which is authorized with probable cause by a legal officer of competency under oath and affirmation and is selected or elected with constitutional and popular legitimacy.

Section VII: Right to Due Process

The citizen shall be secure in their ineradicable right to legal proceedings where one is not compelled or forced to stand as witness against oneself, levied with multiple convictions for the same criminal act or is deprived of life, liberty or property without due process of the law. An assembly of citizens shall convene to levy an indictment against a citizen for an infamous crime that may result in capital punishment, imprisonment of more than a year, or loss of citizenship.

Section VIII: Right to a Fair and Speedy Trial

The citizen shall be secure in their ineradicable right to a trial that is both expeditious and public, by an impartial jury of the state and community where the suspected criminal act was committed, is informed fully of the circumstances for accusations, where he is confronted publicly by witnesses whom testify against him, is able to select witnesses in his favor and has a right to counsel for his defense.

Section IX: Right from Excessive Fines, Bail and Cruel and Unusual Punishment

The citizen shall be secure in their ineradicable right from excessive fines and bail or punishment that is cruel or unusual. Bail shall be accessible for citizens who provide sufficient sureties, except those who have been levied with an indictment from a citizen assembly for murder, rape or treason.

Section VIII: Rights Reserved for States

The states shall be secure in their ineradicable right, that the rights not enumerated within this Constitution of the Republic of Astoria are reserved to the states and its people.

ARTICLE II: THE REPUBLIC

Section I: Name and Territory of the Republic

Astoria, a sovereign state situated in the Pacific Northwest of the North America continent, for all legal and diplomatic purposes be henceforth officially be known as 'THE REPUBLIC OF ASTORIA' and within this document as simply 'THE REPUBLIC'. The territory of the republic shall comprised of the former territory of the former Oregon Country.

Section II: Admission to the Union

States shall be admitted to the republic and the union of states by act of the National Assembly, but no state shall be admitted to the union of states and the republic by the division or joining of existing states without the consent of the states legislatures in question.

Section III: National Banner

The National Banner of the Republic of Astoria shall represent the republic and the union of states in all diplomatic matters. It shall be a vertical tricolor of equal bands. From its hoist, the equal bands shall be dark blue, white and then dark green. In the upper corner of the hoist side band will be a circle of 12 stars, and in the middle a single star representing the national unity of the states.

Section IV: National Seal

The National Seal shall be circular, with a scene depicting ships, a cattle drawn wagon, a rising sun, wheat and plow with the enclosed with 12 stars. The words 'SEAL OF THE REPUBLIC OF ASTORIA' affixed on the top, with "THEUNION FOREVER; AD ASTRA" on the bottom.

Section V: National Assembly

(Under Construction) Members of the House of Representative shall in free conscious and without coercion choose amongst their peers a chief within the chamber, who shall be known officially as the Speaker of the House of Representatives and possess the sole power of impeachment.

ARTICLE III: THE NATIONAL ASSEMBLY

Section IV: Powers of the National Assembly

The National Assembly of the Republic shall have at it discretion the power to raise and support a force capable of executing all necessary actions to preserve the republic and defeat it's enemies, be it foreign or domestic, and shall have the authority to muster and command the national militia in defense of the republic.

The National Assembly shall have the powers to press, raise and support a national militia, which shall have at its disposal a minimum of four men from every thousand residents at all times, enumerated by the decennial census and whom are fairly and proportionally selected for service.

ARTICLE III: THE EXECUTIVE

Section V: Appointments

The President of the Republic shall, with the advice and consent of the Senate of the Republic, appoint the civil servants whom in their authority have the right to represent the Republic in diplomatic affairs, including ambassadors, emissaries and ministers, principal officers of the executive and the sworn officers of the judiciary of the Republic including those who belong to the supreme court and all other established federal courts; however, the National Assembly shall have its discretion the power and authority to remove and appoint subordinate or inferior officers of the executive and judiciary as they deem appropriate, and shall have in perpetuity the authority to vest these powers to the presidency, the sworn officers of the courts and or the principal officers of the executive, at which no time shall the vesting of authority of these subordinate appointments establish precedent and the National Assembly shall have at its discretion the authority to retract its powers vested to other authorities of the Republic.