Constitution of the Republic of Stratham

[BusinessCraft]

The Constitution of the Republic of Stratham
​

Preamble: Power of the Constitution​

We, the citizens of the Republic of Stratham, in our aim to form a nation bound on justice and integrity and to ensure the natural tranquility of our people's security, welfare and liberty within law and governance, do henceforth establish this Constitution for the Republic of Stratham.

Separation of Staff and Government​

The Staff Team and Government remain separated in responsibilities and powers. The Executive Branch, and Judicial Branch are the two branches of government. The Owners remain the only connection between the branches of government to the Staff Team.

Article 1. The Executive​

Section 1.1 The Council of Ministers​

1.1(a) The Council of Ministers of the Republic of Stratham consists of the Ministers of the Executive Departments and two additional Ministers without Portfolios. One of the Department Ministers, the Chairman, is selected to lead Council meetings, votes, and other procedures.
1.1(b) Ministers have the authority to create, amend, or remove bills. They shall have the power to appoint and dismiss employees of their Departments. They may create, amend, and remove positions within their department.
1.1(c) The Ministers without Portfolios do not run any Departments.
1.1(d) The Council of Ministers can create legislation amending the constitution, this requires a 6/8 vote to pass.
1.1(e) The Council of Ministers may propose a vote to dismiss a Minister or Attorney General. In the case of a vote against a Minister, the Minister being dismissed may not vote on the dismissal. This requires a 4/5 vote from the rest of the Department Ministers to pass.
1.1(f) The Council of Ministers may propose an Initiation of Impeachment against a Judicial Officer with a unanimous vote supporting it.
1.1(g) The Departments and their responsibilities are as follows:

1.1(h) Department of State (DoS):

1. Management of Foreign Affairs.
2. Conduction of Elections.
3. Auditing Government Departments, Towns, and Cities, as well as any other government agency.
4. Managing City and Town Relations.
5. Managing Political Party and News Company Registrations.
6. Conduction of Surveys and Polls to collect player feedback to assist with the State of the Government report.
7. Conducting Election Debates.
8. Maintenance of Exam Guides.

1.1(i) Department of Economy (DoE):

1. The management of all money appropriated to the government.
2. Government Shops.
3. Maintenance of Jobs.
4. Monetary policies.
5. Enforcement of tax policies.

1.1(j) Department of Justice (DoJ):

1. Maintaining Peace and Order.
2. Enforcement of Criminal Laws.
3. Providing a Security Detail to the Prime Minister and Deputy Prime Minister.
4. May provide a Security Detail to other Senior Government Officials if directed to do so by the Prime Minister.

1.1(k) Department of Public Affairs (DoPA):

1. Hosting Events and assisting with other government events.
2. Assisting with Server Social Media.
3. Management of new player tours.

1.1(l) Department of Internal Development (DoID):

1. Construction of Government Buildings, roads, and highways.
2. Maintain the overall welfare of the wilderness.
3. Managing the animal shelter and national food service.
4. Managing animal cruelty reports.
5. Creation and modification of plots that are within government jurisdiction.

1.1(m) Department of Health (DoH):

1. Maintenance of the Government Hospital.
2. Regulating the Pharmaceutical and Medical Industry.
3. Regulating medical professions.

1.1(n) The authority of departments is included in the section above but is not limited to what is specifically written.

Section 1.2 Powers of the Chairman​

1.2(a) The Chairman shall have the power to:
1.2(b) Issue executive orders directing authority of the Council of Ministers.
1.2(c) Issue pardons to individuals for criminal acts excluding impeachment, election fraud, treason, corruption, or any other crime against the state.
1.2(d) Give assent or veto any legislation passed by the Council of Ministers. If the Chairman fails to give assent or veto to legislation within 3 days after the bill was approved by the Council of Ministers, the bill will automatically be signed into law. A vote against legislation by the Chairman does not constitute a veto.
1.2(e) May sign treaties with foreign territories and nations provided the majority of the Council is in concurrence.
1.2(f) May issue a State of Emergency.

Section 1.3 Acting Minister​

1.3(a) The Minister of a Department shall have the power to appoint an acting Minister of their Department for no more than 14 days.
1.3(b) If a person serves as an Acting Minister of any Executive Department for more than 14 days within a month, they must receive a majority approval from the Council of Ministers.
1.3(c) A person may only hold an Acting Minister position of a single Executive Department at a time.
1.3(d) Acting Ministers shall hold all powers of an official Minister.
1.3(e) Ministers may appoint a Deputy Minister of their departments who may assume duties should the Minister be unavailable, and may delegate their specific powers to the Deputy Minister without being relieved of their powers.
1.3(f) Deputy Ministers may not serve as a Judicial Officer simultaneously.

Section 1.4 Council Requirements​

1.4(a) No person shall be eligible to run or be nominated for a Council of Ministers position without meeting the following requirements:

1. Holding a minimum of twelve hours (12) of active playtime, as seen in /bcseen, by the time the election poll opens.
2. Having a join date on the BusinessCraft server of more than four (4) weeks, as seen in /jd, before the time the election poll opens.
3. Holding a minimum of one (1) week of total playtime, as seen in /pt, by the time the election poll opens.
4. Holding no foreign office of any kind in a state recognized by the Republic of Stratham or otherwise.
5. Having a Discord account and forums account linked to their in-game account.

1.4(b) Members of the Council can not serve while simultaneously holding a Judicial Officer position.
1.4(c) Members of the Council shall maintain 12 hours of active playtime during the tenure of office.
1.4(d) Members of the Council may be exempt from the requirements of holding a certain amount of active playtime if sufficient amounts of work are proven to be done through places outside of in-game.
1.4(e) The exemption shall be auto-granted by law when an announcement outlining all amounts of work is submitted. An announcement must be made every week during which the official fails to hold the active playtime requirements.
1.4(f) Members of the Council can only serve as the Minister of one Department.

Section 1.5 Office of the Attorney General​

1.5(a) The Office of the Attorney General shall hereby be established as an independent office of government under the executive branch. It shall be headed by an Attorney General who is subject to the direct authority and control of the Chairman.
1.5(b) The Attorney General shall be responsible for representing the national interests of the Republic of Stratham in all cases in which the government holds interest. The Attorney General shall provide legal counsel to the Council of Ministers when requested.
1.5(c) The Attorney General may delegate their powers to other individuals within the Office of the Attorney General.
1.5(d) The Attorney General may create, remove, and amend positions within the Office of the Attorney General as well as appoint and dismiss those within the positions at the Attorney General’s discretion.
1.5(e) The Office of the Attorney General shall possess the sole responsibility for the investigation and prosecution of all high crimes and misdemeanors committed against the Republic of Stratham in which the Department of Justice does not have the capacity or authority to investigate themselves.
1.5(f) The Attorney General shall be appointed by the Chairman with the consent of the majority of the Council of Ministers.
1.5(g) The Attorney General shall be an individual holding the proper legal qualifications to practice law within the Republic of Stratham.

Article 2. The Judiciary​

Section 2.1 The Judiciary​

2.1(a) All Judicial power shall be vested in the Supreme Court.
2.1(b) The Judiciary is empowered to interpret the laws passed by the Council of Ministers.
2.1(c) The Supreme Court is the only court of the land.
2.1(d) The Judicial power shall extend to all cases under the laws of Stratham between citizens, government institutions, and all other parties.

Section 2.2 Judicial Officers​

2.2(a) No person shall be appointed to the position of Justice or Judge without meeting the following requirements:

1. Holding a minimum of twelve hours (12) of active playtime.
2. Holding a minimum of one (1) week of total playtime.
3. Having completed a minimum of three (3) court cases under the laws of the Republic of Stratham.

2.2(b) Judicial Officers shall be appointed by the Council of Ministers with a 6/8 vote.
2.2(c) Judicial Officers serve for life tenure and may be removed by the Council of Ministers through a supermajority vote.

Section 2.3 Supreme Court​

2.3(a) The Supreme Court shall be composed of a Chief Justice and two Associate Justices, making a total of three members.
2.3(b) The Supreme Court has original jurisdiction over all Civil, Criminal and Constitutional cases, disputes between government institutions, and cases where a Council Member or a Judicial Officer is to be removed. The Supreme Court has appellate jurisdiction over all cases.
2.3(c) Civil cases are when two private parties hold a dispute.
2.3(d) Criminal cases are when the government and a private party have a dispute.
2.3(e) Appeals are when one party of a case disputes the decision of the court to another justice.
2.3(f) The Supreme Court shall rule collectively by majority. When the Supreme Court opinion does not make a majority, the Chief Justice’s opinion shall prevail as the court’s opinion.
2.3(g) The Supreme Court shall have the power of Judicial Review in which the use of such power shall require a majority. The power of Judicial Review can strike any government decision deemed unconstitutional or unlawful.
2.3(h) The Supreme Court can issue orders that are Sua Sponte.
2.3(i) The Supreme Court is the court of disputed returns.
2.3(j) When the Supreme Court hears a case involving a Council Member or Judicial Officer, they may not deliberate if there is a vacancy on the court, nor can the court remove a person from those positions without unanimous agreement.
2.3(k) The Supreme Court shall have the authority to issue warrants to the government.

Section 2.4 Chief Justice​

2.4(a) The Chief Justice is the chair of the Judiciary, responsible for maintaining and operating the functions of the Judiciary.
2.4(b) The Chief Justice shall sit as the presiding officer in all impeachment trials unless they are the one being impeached.
2.4(c) When the Office of the Chief Justice is vacant, the most senior Justice determined by length of tenure shall assume the Office of the Chief Justice in an acting capacity, until such a time that the position is filled with a permanent Chief Justice.

Article 3. Elections​

Section 3.1 Eligibility to vote​

3.1(a) No person shall vote in an election without meeting the following requirements:

1. Having a join date of longer than 14 days, as seen in /jd, at the time the results are counted.
2. Having a minimum of 6 hours of playtime in the prior 30 days, as seen in /bcseen, at the time the results are counted.
3. Having their Minecraft account linked to the BusinessCraft forums.

Section 3.2 Council of Ministers Election​

3.2(a) The election of the Council of Ministers shall take place every 2 months and shall be held 12 days before the end of the incumbent Council’s term.
3.2(b) It shall be the duty of the Department of State to carry out elections.
3.2(c) The following process is to be followed for Council of Ministers’ Election:

1. The period for declaring candidacy shall last 48 hours.
2. After the declaration period ends, the voting period shall begin and last 48 hours.
3. The election results shall be announced no more than 24 hours after the voting period ends.
4. The elected Ministers of the Council shall be sworn in within 24 hours after the incumbent holder’s term ends. If unable to, the elected may be sworn in up to 10 days later at the latest, in which time the incumbent government shall remain seated until said swearing.
5. In the situation that a tie occurs between two or more candidates, the tied candidates shall be put on the ballots of a second poll for a run-off election. The candidate with the highest number of votes after 48 hours shall be the Minister Elect of the specific department. This process may be repeated as many times as necessary until a winner is declared.

3.2(d) If the election for a Minister Position is uncontested, the election will be held and the candidate must achieve a majority vote in order to win. If the vote fails, a Special Election will be held and repeated as many times as necessary until a winner is declared.
3.2(e) The term of the Council of Ministers ends 2 months from when they’re sworn in. Any Minister that assumes office of a term to which another person was elected, shall serve for the remainder of the term.
3.2(f) The following process is to be followed for the selection of the Chairman of the Council:

1. Within 24 hours of being sworn in, the Minister of State will start the nomination period, in which each Department Minister may nominate themselves or another for the position of Chairman.
2. Once each Department Minister has responded with a nomination or abstained, the Minister of State will start the voting period. If a Department Minister has not made a nomination or abstained within 24 hours, they will default to an abstention.
3. The vote will stay open for 24 hours, or until each Department Minister has cast a vote. The Department Ministers will vote for one candidate each.
4. After 24 hours have passed or each Department Minister has cast a vote, the voting poll will be closed. The Minister with the highest number of votes will be declared Chairman.
5. In case of a tie, the nomination and voting period will repeat until a winner is declared.

3.2(g) The following process is to be followed for the appointment of Ministers without Portfolio:

1. Within 24 hours of being sworn in, the Minister of State will start the nomination period, during which each Department Minister and each member of Staff may choose to nominate two Citizens of Stratham that meet the requirements to become a Minister.
2. This nomination period will last 24 hours, after which the Minister of State will create a poll with valid nominations and start the voting period. The Department Ministers will vote for two candidates each.
3. After 24 hours have passed or each Department Minister has cast a vote, the voting poll will be closed. The two candidates with the highest number of votes will be elected into the Council of Ministers as Ministers without Portfolio.
4. In case of a tie, a run-off vote will be held between the two or more candidates, repeated as many times as necessary.
5. Within 7 days of successful election, the Ministers without Portfolio will be sworn into the Council.

Section 3.3 Campaigning​

3.3(a) No person shall be able to run in an election for a Council of Ministers position without making a public campaign post before the start of the voting period. The Department of State may enforce requirements for the campaign post within reasonable expectations for candidacy. The Department of State must also make their requirements for campaigning publicly available on the election declaration posts.
3.3(b) No person shall be able to run in an election for a Council of Ministers position without actively participating in Stratham activities for the prior month, including but not limited to citizen activities, government discussions, and business activities.

Article 4. Citizen Rights​

Section 4.1 Privacy Rights​

4.1(a) Players will have the right to privacy and to be free from unwarranted publicity. This right shall not apply to holders of public office or in any other position in which they are empowered with public trust.
4.1(b) Players will have the right unreasonable and unwarranted search and seizure of themselves and their properties unless in the case probable cause is proven beyond reasonable doubt.

Section 4.2 Property Rights​

4.2(a) Players will have the right to defend their property up to and including lethal force, after warning the other players that they are trespassing.
4.2(b) Players who are leaving the server not due to a ban will have the right to distribute their property how they see fit in a will.
4.2(c) Players who are inactive will lose their rights to purchased properties and regions. Wild regions can be removed after a player does not log in for a minimum of 60 days. City properties may be evicted according to the city’s laws.

Section 4.3 Legal Rights​

4.3(a) Players will have the right to a fair and speedy trial. If the judge presiding over the case has a conflict of interest, the player may request a new judge. If a player feels like a case was heard unfairly, they have the right to file for an appeal.
4.3(b) Players will also have protection from double jeopardy, meaning they may only be tried for a specific instance of a crime or action once.
4.3(c) All players shall have the right to a fair trial when accused of a crime unless otherwise provided by law.
4.3(d) No player shall be made a witness against themselves when accused of a crime.
4.3(e) Players will have the right to defend themselves with necessary force from an unprovoked attack.

Article 5. Impeachment​

Section 5.1 Initiation of Impeachment​

5.1(a) Council Ministers and Judicial Officers shall be removed from office upon impeachment and conviction, for treason, bribery, and other constitutional offenses against the Republic of Stratham.
5.1(b) The punishment for impeachment shall not have a fine or jail time. It may be no more than immediate removal from office as well as barring holding any position within the government of the Republic of Stratham for a period of no longer than four months.
5.1(c) Any party convicted through impeachment shall be liable to additional indictment, trial, and conviction in a court of law.
5.1(d) No person(s) partaking in any Impeachment trial shall be able to assume duties within the trial without taking an oath or affirmation before the trial.
5.1(e) Any Citizen of Stratham may start an Article of Impeachment against a Council Minister.
5.1(f) Articles of Impeachment require 10 separate valid votes in 48 hours from Citizens to pass.
5.1(g) The Chief Justice shall sit as the presiding officer in all impeachment trials unless they are the one being impeached, in which case the most senior Associate Justice will be the presiding officer.

Section 5.2 Court of Impeachment​

5.2(a) An Impeachment Tribunal shall be set forth as the Impeachment Court upon the passage of Articles of Impeachment.
5.2(b) The Tribunal shall consist of the Judicial Officer, the accused, the accuser, legal representatives, and called witnesses.
5.2(c) After the adjournment of the trial, a public vote shall be held to determine the verdict by order of the presiding officer. The vote shall last 48 hours and it shall be the duty of the presiding officer to produce the poll.
5.2(d) The public shall hold the power to convict or acquit the accused. In the case of conviction, no less than 15 valid votes must be cast in the majority.
5.2(e) After the poll has closed, the tribunal shall reconvene and the presiding officer shall deliver the verdict based on the public’s decision.

Article 6. Government Continuity and Stability​

Section 6.1 Government Stability​

6.1(a) Within 24 hours after the removal or resignation of a Member of the Council, the Minister of State shall carry through a replacement procedure for the vacant position.
6.1(b) In case of vacancy in one of the Department Ministers positions, a Special Election shall be held.
6.1(c) In case of vacancy in one of the Minister without Portfolio positions, an appointment shall be carried through.
6.1(d) In case of vacancy in the Chairman of the Council position, a selection process shall be carried through.
6.1(e) If the Minister of State position is currently vacant, the responsibility to conduct replacement procedures shall be up to the Acting Minister or most senior Department of State employee.
6.1(f) No person shall be eligible to serve in office as a Judicial Officer or Council Member under the laws of the Republic of Stratham while seeking or serving in foreign office concurrently.

Section 6.2 Oaths of Affirmation and Office​

6.2(a) The Oath of a Council Member is as follows:

I “name of Council Member”, do solemnly swear, that I will well and faithfully execute the duties of the Council of Ministers, and will to the best of my ability preserve, protect, and defend, the constitution of the Republic of Stratham.

6.2(b) The Oath of Judicial Officers is as follows:

I “name of Judicial Officer”, do solemnly swear that I will administer justice without bias to persons, and do equal rights to all persons and that I will faithfully and impartially discharge and perform all duties incumbent upon me as “Position name” under the constitution of the Republic of Stratham.

6.2(c) Oath of Office for all other positions is as follows:

I “name”, do solemnly swear that I will serve the Constitution of the Republic of Stratham against all enemies, domestic, or foreign and that I will well and faithfully execute the duties of the office of which I am about to enter.

6.2(d) Oath for Impeachment trials is as follows:

I solemnly swear that I will do impartial justice in the impeachment trial of the “accused official” according to the constitution and laws of the Republic of Stratham.

6.2(e) No person shall hold any public office, under the laws of the Republic of Stratham without taking the appropriate oath if required by law.
6.2(f) The term "affirm" may be used interchangeably with "swear" while taking any oath.

Article 7. Terms and Definitions​

Section 7.1 Terms and Definitions​

7.1(a) Executive Officer - Any position within the Executive Branch that is high ranking, above a typical employee of the Executive Department. This includes but is not limited to the Minister positions.
7.1(b) Judicial Officer - Any position within the Judicial Branch that holds power to sit on a court. This includes the Chief Justice, Justices, Judges, and Magistrate Judges.
7.1(c) Active playtime - Active playtime is the playtime you have accrued in the 30 days prior, this can be checked using the command "/bcseen".
7.1(d) Total playtime - This is the total playtime you have accrued since the day of joining, this can be checked using the command "/pt".
7.1(e) Officer of the Line of Succession - Any position holder that is defined by the constitution on the Line of Succession.
7.1(f) Senior Government Official - Any high office holder within the government of Stratham excluding employees of the various departments or offices of government.
7.1(g) Official Capacity - Official capacity is when a person holds office through virtue of an election or appointment process as defined under the constitution. Acting Capacity is not an official capacity.
7.1(h) Pardon - An order issued by the Prime Minister issuing a form of clemency towards an individual for crimes. Pardons do not erase criminal acts, they imply guilt and offer forgiveness for those crimes.
7.1(i) Foreign Office - Any position of government ranking higher than a typical employee in any nation recognized or otherwise.
7.1(j) Majority - A number greater than half the total.
7.1(k) Supermajority - A number that is half the total with an additional vote.
7.1(l) Sua Sponte - An action taken by the Supreme Court that is on their behalf, and not by a suggested party in a case.
7.1(m) Council Member - Ministerial Position of the Executive branch
7.1(n) Chairman - Lead Minister elected by other members of the Council of Ministers

Article 8. Towns & Cities​

Section 8.1 Towns & Cities​

8.1(a) Town of Lexford, Ocean City, and Covington City are established as independent lands under the jurisdiction of the Republic of Stratham.
8.1(b) The Department of State will be the sole body to communicate, manage, and assist towns as well as cities.
8.1(c) Mayors of these towns will solely implement a functional regional council to operate the town/city and must share who forms the council publicly.
8.1(d) City and towns shall be privately owned regions that are officially recognized by the Republic of Stratham and are still within the jurisdiction of the Republic of Stratham.

Article 9. Constitutional Amendment Contest​

Section 9.1 Public Referendum on Amendments​

9.1(a) All Constitutional Amendments that are passed and signed into law by the Council of Ministers may be contested by referendum.
9.1(b) Within 72 hours of the passage of a Constitutional Amendment, any citizen may file a referendum requesting a public vote on the referendum. Within 24 hours of the filing, a minimum of 4 other citizens must reply to it showing their approval of the referendum. After such, the Department of State will make a poll lasting 48 hours on the referendum.
9.1(c) The Referendum must receive at least 15 votes in the majority against the amendment for it to be struck.
9.1(d) Citizens must meet the same voting requirement for election to vote in a referendum.

Article 10. Ownership's Privilege​

Section 10.1 Ownership's privilege​

10.1(a) The Ownership of BusinessCraft serves as a bridge between the Administrative and Government affairs and organizes methods and channels of communication for special requests of government officials which include, but are not limited to, installation and modification of plugins, changes to server settings, and other such affairs deemed necessary for executing governmental plans and proposals.
10.1(b) The Ownership shall not get involved with the day-to-day operations and functioning of the government unless they’re in the relevant government position to do so.
10.1(c) The Ownership is vested with emergency powers that can be used to any extent to improve the Server/Government. This includes, but is not limited to, the ability to veto any
decision by any given government branch with a necessary elaboration.
10.1(d) The Ownership is also vested with the emergency power to issue a Writ of Election to simultaneously trigger an election for any public office within this constitution.