Jul 9, 2007

Changes in the Third Draft, with Comments

Here are the key changes in the third draft of the constitution, with comments on the reasons. Only changes will be listed here, with the full text posted soon.

Article 1 Citizenry and Language

(1) Citizens of the Kingdom of Edan are all people granted citizenship as detailed by law or children who are either;

(c) The natural child of at lat least one native Edanian parent.

Comment: This was added because of the number of questions I received about children born to Edanians where the spouse was not Edanian in a time before territoriality. I included ‘natural’ to avoid challenges concerning the adoption of someone who had been denied citizenship, but this is a very tentative step.

(2) All citizens must take an oath of fealty at the time of naturalization or within 1 month of their 18th birthday. Failure to do so may result in penalties up to the loss of citizenship.

Comment: As the theory concerning the personal nature of government and a return to a quasi-feudal structure developed, this was added as a condition of citizenship for legal adults.

(3) The official languages of the Kingdom of Edan are American English and Latin.

Comment: French was dropped.

Article 4 General Constitutional Objectives

(e) The creation and maintenance of the Kingdom of Edan as a community

Comment: Once more, emphasis was placed upon the building of a social, personal, intimate community.

Article 6 Citizens

(5) Refusal to swear the oath of fealty as described in this constitution shall be considered to be a willful refusal of citizenship.

Comment: This is a development of the Oath of Fealty, showing it as a condition of citizenship.

Article 7 Nobility

(4) Peerages shall be inherited by a modified form of primogeniture as detailed by Royal Decree.

Comment: This was added to both avoid the Salic Law and to place some controls on inheritance of what is, in the end, political power.

(5) All nobles have a duty and responsibility to act as examples of the highest ideals of the Kingdom. The King can rescind the titles and duties of nobles and noble families for Treason, Sedition, moral turpitude, or being negligent in their responsibilities to the Kingdom.

Comment: The details of how the potential loss of titles is adjudicated was moved.

Article 8 Organizational Principles

(3) The Regent may never hold any other position.

Comment: Fairly straightforward in the attempt to prevent regents from becoming over-powerful.

Article 9 Powers of the Kingdom

(c) Economic regulations including banking, securities, stocks, bonds, commodities, and other financial instruments, markets, or institutions.

(d) Labor regulations, including terms, wages, hours, safety, and conditions of labor, corporate law, and the regulation of unions, guilds, and other such organizations.

(m) The regulation of waterways, seaways, airspace, and related transportation controls.

(n) The use of the electromagnetic spectrum for communications, other media, or any form or commercial or non-commercial use.

Comment: All added details of the scope of Royal power overall.

Article 10 The Sovereign

(6) The Heir Designate must be a practicing Catholic in communion with Rome.

11) The King must remain a practicing Catholic in communion with Rome. If the King is excommunicated by His Holiness the Pope and does not return to full communion with the Catholic Church within 2 years a simple majority of the General Assembly may remove him from the throne.

(12) The Royal Spouse must be a practicing Catholic in communion with Rome at the time of marriage and thereafter. The King may only marry by means of a Catholic ceremony and all descendents of the King must be raised as Catholics in communion with Rome.

Comment: The throne is explicitly for Catholic rulers.

Article 13 The Cabinet

(11) If a Ministerial position becomes vacant the King retains all of the rights and privledges of the position himself until a new member of the Cabinet is confirmed.

Comment: Disposed of the cumbersome and potentially problem-causing methods for the First Senator to nominate cabinet members.

Article 22 Elections

3) General Elections are scheduled every two years for the Senate. General Elections shall begin on March 1st at 00:01 GMT and shall last until March 2nd at 23:59 GMT. Votes not cast during the time of General Elections are not counted.

(4) Special Elections are held as required by law. Special Elections begin 1 week after they are announced and last 72 hours. Votes not cast during this period are not counted.

(5) The results of elections shall be determined after no less than 2 full counts of all votes cast. If more than 3 full counts are required the Ministry of Justice shall assist in the determination of vote totals. Results are to be posted openly and publicly.

Comment: Much more detail on the when of voting. Also, the requirements for reporting are relaxed.

Article 24 The Assembly; the Council

(1) The Council is composed of the Peerage of the Kingdom. Specifically the holder of Peerage titles within a family is eligible. If the Peer is under the age of 21 the King shall appoint a family member to represent them in the Council. If no such family member is available the King shall appoint a citizen to the council to represent them until they turn 21 years old. Likewise, if a member of the Council is unable to attend due to illness, military service, or other such circumstances their heir may fulfill their duties with the approval of the King.

Comment: More ways for a Council member to pass along duties during tough times.

Article 33 State of Emergency

(6) A State of Emergency can be ended by Royal Decree.

(7) All laws, legal judgments, and other such Royal Decrees issued by the King during a State of Emergency shall have the full force of law for the duration of the emergency. All such laws must be ratified as per new legislation to extend more than 30 beyond the end of emergency powers.

Comment: Much simplified.

Article 35 The High Tribunal

13) The King alone has the right of High Justice, which allows him to amend, modify, reduce, or nullify a ruling of the High Tribunal or to pardon persons condemned by the High Tribunal. High Justice does not permit the King to affect his own removal from the throne.

Comment: Some details on what High Justice actually is.

Article 39 The Right to Freedom

(3) While the official religion of the Kingdom is Catholicism only the King, the Royal Spouse, and the Designated Heir are required to be Catholic. All citizens have equal basic rights in the eyes of the law.

Comment: Again, the Throne is Catholic.

(4) The Kingdom shall limit laws that inhibit the freedom of the press, except in cases of public morals, public order, to protect the privacy of individuals, and during times of emergency.

Comment: A slight modification of exceptions.

Chapter VII The Provinces

Comment: Everything about Provinces was removed from the Constitution in the Third Draft.

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